Marketing of seed potatoes4
1
Subject to the provisions of regulation 21, a person shall not market any potatoes as seed potatoes other than pre-basic seed potatoes or basic seed potatoes.
2
Subject to the provisions of regulation 21, a person shall not market any pre-basic seed potatoes or basic seed potatoes—
a
which have been treated with a product which is produced primarily as an application for inhibiting germination;
b
as being of a class superior to that into which such potatoes were classified;
c
as being of a class inferior to that into which such potatoes were classified except with the approval of the Department; or
d
otherwise than in a lot which meets the requirements as to varietal purity and size specified in Schedule 4.
3
Subject to the provisions of regulation 21, a person shall not market any seed potatoes within the protected region other than—
a
pre-basic seed potatoes; or
b
basic seed potatoes of a Community grade.
4
The prohibition in paragraph (1) shall not apply to the marketing of small quantities of seed potatoes, other than seed potatoes which contain any genetically modified material, for scientific purposes or selection work.
5
If the conditions specified in paragraph (6) are satisfied the prohibition in paragraph (1) shall not apply to the marketing for scientific purposes or selection work of small quantities of seed potatoes which contain any genetically modified material.
6
The conditions referred to in paragraph (5) are—
a
the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;
b
the seed potatoes are accompanied during marketing by a copy of the consent;
c
all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with Article 7(4) of Council Directive 70/457/EEC12, have been taken by the producer of the seed potatoes to avoid adverse effects on human health and the environment; and
d
in the case of genetically modified material accepted for marketing with a Part C consent, an authorisation has been granted by the Department of the Environment in accordance with paragraph (7) to the person marketing the potatoes.
7
An authorisation may be granted by the Department of the Environment for the purpose of paragraph (6)(d) if:—
a
the person intending to market the small quantity of seed potatoes for scientific purposes or selection work has made application to that Department no later than 15 working days before the seed potatoes are marketed—
i
giving that Department notice of the person’s intention to market a small quantity of seed potatoes for scientific purposes or selection work; and
ii
giving that Department such information relating to the acceptance for marketing of the variety of the seed potatoes concerned under Council Directive 90/220/EEC, and the scientific purposes or selection work in respect of which the marketing is to be carried out, as that Department may require for the purposes of identifying the marketing and determining whether or not to grant the authorisation; and
b
that Department is satisfied that—
i
the applicant has complied with each of the provisions of sub-paragraph (a); and
ii
an authorisation would be in accordance with the purpose of Article 4a1.(a) of Council Directive 66/403/EEC13 on the marketing of seed potatoes, as last amended by Council Directive 98/96/EC14.