The Plant Health Order (Northern Ireland) 2006

PART A N.I. Special measures for the control of Ralstonia solanacearum

1.  In this Schedule— N.I.

“agricultural land” means land used or capable of use for the purposes of a trade or business in connection with agriculture;

“certified seed potatoes” means certified seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;

“specified plant material” means plants (including tubers), other than true seed, of Solanacearum tuberosum L., and plants, other than fruit or seeds, of Lycopersicon lycopersicum (L) Karsten ex Farw.; and

“R. solanacearum” means Ralstonia solanacearum (Smith) Yabuuchi et al., the cause of Potato brown rot.

Commencement Information

I1 Sch. 17 Pt. A para. 1 in operation at 31.3.2006, see art. 1

2.  Where specified plant material is designated by an inspector to be contaminated with R. solanacearum for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC— N.I.

(a) without prejudice to Article 20, a person shall not knowingly plant that material or knowingly cause or permit it to be planted; and

(b) a notice under Article 32 may require that material to be [F1 subjected to a provision in paragraph 1 of Annex VI to that Directive] .

Textual Amendments

F1 Words in Sch. 17 Pt. A para. 2(b) substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(a)

Commencement Information

I2 Sch. 17 Pt. A para. 2 in operation at 31.3.2006, see art. 1

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F2 Sch. 17 Pt. A para. 3 omitted (27.12.2007) by virtue of The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(b)

4.  Where specified plant material is determined by an inspector to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of Directive 98/57/EC— N.I.

(a) without prejudice to Article 20, a person shall not knowingly plant that material or knowingly cause or permit it to be planted; and

(b) a notice under Article 32 may require that material to be used or disposed of in accordance with [F3 paragraph 2 of Annex VI to that Directive] .

Textual Amendments

F3 Words in Sch. 17 Pt. A para. 4(b) substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(c)

Commencement Information

I3 Sch. 17 Pt. A para. 4 in operation at 31.3.2006, see art. 1

F4 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

Textual Amendments

F4 Sch. 17 Pt. A para. 5 omitted (27.12.2007) by virtue of The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(d)

6.  A notice under Article 32 may require that any machinery, vehicle, vessel, store, or any part of such machinery, vehicle, vessel or store and any other object including packaging material designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC or determined by him to be possibly contaminated for the purposes of Article 5(1)(a)(iii) and Article 5(1)(c)(iii) of that Directive shall either— N.I.

(a) be disposed of by destruction; or

(b) be cleansed and, where appropriate, disinfected, such that there is no identifiable risk of R. solanacearum spreading.

Commencement Information

I4 Sch. 17 Pt. A para. 6 in operation at 31.3.2006, see art. 1

7.  Anything cleansed and, where appropriate disinfected in accordance with paragraph 6(b) shall no longer be treated as contaminated for the purposes of Directive 98/57/EC. N.I.

Commencement Information

I5 Sch. 17 para. 7 in operation at 31.3.2006, see art. 1

8.  Without prejudice to paragraph 6, a notice under Article 32 may require the measures referred to in paragraphs 9 to 16 as appropriate to be implemented in a zone demarcated by an inspector under Article 39(7). N.I.

Commencement Information

I6 Sch. 17 para. 8 in operation at 31.3.2006, see art. 1

9.  Subject to paragraph 12, where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that, with regard to any field or any unit of protected crop production at that place, which has also been so designated, the measures referred to in paragraph 10 or 11 shall apply. N.I.

Commencement Information

I7 Sch. 17 para. 9 in operation at 31.3.2006, see art. 1

10.  The measures referred to in paragraph 9 are— N.I.

(a) from the date of the receipt of the notice and for at least four growing years from the start of the next growing year:

(i) such measures as may be required to eliminate volunteer potato and tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate; and

(ii) that the following shall not be planted—

(aa) potato tubers and plants;

(bb) tomato plants and fseeds;

(cc) taking into account the biology of R. solanacearum, other host plants [F5 , plants and true seeds] of species of Brassica for which there is a risk of R. solanacearum surviving; or

(dd) crops for which there is a risk of R. solanacearum spreading;

[F6 (b) in the first potato cropping season following the period referred to in sub-paragraph (a), that plants may be planted, for ware production only, provided that the field or unit of production has been free from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting; and

(c) in the potato or tomato cropping season which follows that referred to in sub-paragraph (b), that there shall be an appropriate rotation cycle which shall be at least two years where seed potatoes are planted.]

Textual Amendments

F5 Words in Sch. 17 Pt. A para. 10(a)(ii)(aa) substituted by virtue of (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(e)(i)

F6 Sch. 17 Pt. A paras. 10(b), (c) substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(e)(ii)

Commencement Information

I8 Sch. 17 para. 10 in operation at 31.3.2006, see art. 1

11.  The measures referred to in paragraph 9 are— N.I.

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

(i) such measures as may be required to eliminate volunteer potato and tomato plants as well as other [F7 naturally found] host plants of R. solanacearum including solanaceous weeds as appropriate; and

(ii) that the field or unit of production shall be maintained during the first three growing years—

(aa) in bare fallow;

(bb) in cereals if the inspector is satisfied that there is no identifiable risk of R. solanacearum spreading;

(cc) in permanent pasture with frequent close cutting or intensive grazing; or

(dd) as grass for seed production;

followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading; and

(b) in the first potato or tomato cropping season which follows the period referred to in paragraph (a) [F8 that potatoes may be planted, for seed or ware production] .

Textual Amendments

F7 Words in Sch. 17 Pt. A para. 11(a)(i) inserted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(f)(i)

F8 Words in Sch. 17 Pt. A para. 11(b) substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(f)(ii)

Commencement Information

I9 Sch. 17 para. 11 in operation at 31.3.2006, see art. 1

12.  Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit— N.I.

(a) a person shall not plant in the unit any potato tubers [F9 , potato plants or true seeds] or other host plants of R. solanacearum including tomato plants and seeds without the written authorisation of an inspector; and

(b) an authorisation under paragraph (a) shall not be granted unless the measures specified in the notice referred to in paragraph 8, which shall include at least those specified in paragraph 13, have been complied with.

Textual Amendments

F9 Words in Sch. 17 Pt. A para. 12(a) substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(g)

Commencement Information

I10 Sch. 17 para. 12 in operation at 31.3.2006, see art. 1

13.  The measures referred to in paragraph 12(b) are— N.I.

(a) a complete change of growing medium in the unit; and

(b) cleansing and, where appropriate, disinfection of the unit and all equipment which is used in it,

• for the purpose of eliminating R. solanacearum and removing all host plant material.

Commencement Information

I11 Sch. 17 para. 13 in operation at 31.3.2006, see art. 1

14.  The authorisation referred to in paragraph 12(a) may require that— N.I.

(a) where the authorisation is granted for potato production, production shall be from certified seed potatoes or from mini-tubers or micro-plants derived from officially tested sources; and

(aa) [F10 where the authorisation is granted for tomato production, production shall be from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, from tomato plants produced from such seed and grown under official control; F11 ...]

(b) controls on irrigation and spraying programmes, which may include a prohibition on such programmes, shall be introduced as appropriate to prevent the spread of R. solanacearum.

Textual Amendments

F10 Sch. 17 Pt. A para. 14(aa) inserted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(h)

F11 Word in Sch. 17 Pt. A para. 14(a) omitted (27.12.2007) by virtue of The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(h)

Commencement Information

I12 Sch. 17 para. 14 in operation at 31.3.2006, see art. 1

[F12 15.   Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC and with regard to any fields at that place other than those referred to in paragraph 9 the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally found host plants of R solanacearum has been eliminated, the notice referred to in paragraph 8 may require that with regard to such fields— N.I.

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

(i) potato tubers, potato plants and true seeds and other host plants of R solanacearum shall not be planted save that, in the case of potato tubers, certified seed potatoes may be planted for ware production only;

(ii) tomato plants grown from seed which meets the requirements of Directive 2000/29/EC may be planted, for fruit production only;

(b) in the first growing year following that specified in sub-paragraph (a)—

(i) if potatoes are to be planted, only certified seed potatoes or seed potatoes officially tested for the absence of R solanacearum 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)(ii) of Directive 98/57/EC may be planted, for seed or ware production;

(ii) in the case of tomatoes, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, from tomato plants produced from such seed 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)(ii) of Directive 98/57/EC may be planted, for plant or fruit production;

(c) in the second growing year following that specified in sub-paragraph (a) and, where appropriate, in any subsequent growing year which may be specified in the notice—

(i) if potatoes are to be planted, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes may be planted, for seed or ware production;

(ii) if tomatoes are to be planted, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or tomato plants grown from such plants under official control may be planted, for plant or fruit production; and

(d) from the date of receipt of the notice and in each of the growing years referred to in this paragraph, measures shall be taken to eliminate volunteer potato plants and other naturally found host plants of R solanacearum as appropriate.]

Textual Amendments

F12 Sch. 17 Pt. A para. 15 substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(i)

Commencement Information

I13 Sch. 17 para. 15 in operation at 31.3.2006, see art. 1

16.  Where a place of production is designated by an inspector to be contaminated for the purposes of Article 5(1)(a)(ii) of Directive 98/57/EC, the notice referred to in paragraph 8 may require that upon receipt of the notice and [F13 after the first subsequent growing year] — N.I.

(a) all machinery and storage facilities at the place of production which are used for potato or tomato production shall be cleansed and, where appropriate, disinfected in accordance with paragraph 6(b); and

(b) such controls on irrigation and spraying programmes, which may include a prohibition on such programmes, shall be introduced as the inspector considers appropriate for the prevention of the spread of R. solanacearum.

Textual Amendments

F13 Words in Sch. 17 Pt. A para. 16 substituted (27.12.2007) by The Plant Health (Amendment No.2) Order (Northern Ireland) 2007 (S.R. 2007/483), arts. 1, 2(7)(j)

Commencement Information

I14 Sch. 17 para. 16 in operation at 31.3.2006, see art. 1