The Dutch Potatoes (Notification) Order (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Order)

This Order places certain notification requirements upon persons importing potatoes from the Netherlands which have been grown during 2004 or later.

Article 3 requires any person importing Dutch potatoes, grown during 2004 or later, into Northern Ireland in the course of business to give at least two days' notice in writing to a Plant Health inspector of the Department of Agriculture and Rural Development, providing specified details as to, among other things, when and where the potatoes are to be introduced into Northern Ireland (Article 3(1)). It also requires persons who imported Dutch seed potatoes into Northern Ireland after 1st September 2004 but before the coming into operation of this Order to provide to an inspector, so far as is reasonably practicable, specified information of a similar nature no later than 20th July 2005 (Article 3(2)).

Article 4 provides inspectors with powers, for the purpose of checking compliance with this Order or the Plant Health Order (Northern Ireland) 1993 (“the principal Order”), to require the movement of potatoes to any premises or to prohibit the movement, treatment or destruction of potatoes or any container or package. For the purposes of checking compliance with this Order, inspectors also have a power to enter premises in order to carry out examinations or inspections of certain items found there. These provisions are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.

Article 5 provides that a person shall be guilty of an offence if, without reasonable excuse, he contravenes or fails to comply with a requirement of Article 3 or he intentionally obstructs an inspector or any person authorised by an inspector in exercise of his powers under Article 4.

No Regulatory Impact Assessment has been prepared for this Order.