The Plant Health Order (Northern Ireland) 2006

12.  Where an inspector is satisfied that a place of production is contaminated for the purposes of Article 5(1)(a) of [F1 Directive 93/85/EEC] , the notice referred to in paragraph 8 may require that with regard to any fields at that place other than those referred to in paragraph 9— N.I.

(a) from the date of receipt of the notice and for one growing year from the start of the next growing year—

(i) the following shall not be planted—

(aa) tubers, plants or true seed of potato;

(bb) naturally found host plants of Potato Ring Rot; or

(ii) certified seed potatoes may be planted, for ware production only, where an inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato Ring Rot have been eliminated;

[F2 (b) in the second growing year following the period referred to in (a) that—

(i) certified seed potatoes; or

(ii) seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC, may be planted, for seed or ware production;

(c) for at least the third growing year following the period referred to in paragraph (a), that certified seed potatoes or seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production; and

(d) from the date of receipt of the notice for the growing years referred to in sub-paragraphs (a), (b) and (c), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.]

Textual Amendments

F1 Words in Sch. 16 para. 12 substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(6)(h)(i)

F2 Sch. 16 paras. 12(b)-(d) substituted for (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(6)(h)(ii)

Commencement Information

I1 Sch. 16 para. 12 in operation at 31.3.2006, see art. 1