The Seed Potatoes Regulations (Northern Ireland) 2010

Citation and commencement

1.  These Regulations may be cited as The Seed Potatoes Regulations (Northern Ireland) 2010 and shall come into operation on 1^st November 2010.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Seeds Act (Northern Ireland) 1965;

“additional region” means the region for seed production approved by the Department for the purposes of the second paragraph of article 11(1) of Commission Directive 2008/62/EC;

“authorised officer” means an officer authorised for the purposes of these Regulations by the Department of Agriculture and Rural Development;

“authority concerned” means the authority in the country or place where seed potatoes are produced which is concerned with the certification and classification of seed potatoes in that country or place;

“basic seed potatoes” means—

(a)

in relation to seed potatoes produced in Northern Ireland, seed potatoes in relation to which a certificate classifying them as seed potatoes of a basic category has been issued in accordance with Schedule 1;

(b)

in relation to seed potatoes produced elsewhere, seed potatoes in a lot or part of a lot imported into Northern Ireland in a package or container, to or in which has been affixed or placed a label or document and which is in accordance with Article 13(1)(a) of Council Directive 2002/56/EC of 13^th June 2002 on the marketing of seed potatoes(1), approved by the authority concerned which states that on examination of the potatoes they were classified as seed potatoes of a basic category in that country or place where the Department has approved the arrangements applying to basic seed potatoes in that country or place as being equivalent to those applying in Northern Ireland;

“certificate” means a certificate issued by the Department in accordance with the provisions of Schedule 1 stating in respect of the seed potatoes to which it relates the particulars specified in Schedule 3;

“certification” means—

(c)

in relation to seed potatoes produced in Northern Ireland, certification in accordance with the provisions of Schedule 1;

(d)

in relation to seed potatoes produced elsewhere, the official controls exercised by and the official examination carried out by the authority concerned;

“class” means—

(e)

in relation to seed potatoes produced in Northern Ireland the class in which the seed potatoes were placed during the course of classification and specified in the certificate relating to those potatoes, being, in the case of pre-basic seed potatoes, the class or one of the classes specified in order of superiority in Column 1 of Table 1 in Schedule 2, and in the case of basic seed potatoes any one of the classes specified in order of superiority in Column 1 of Table II of Schedule 2; and

(f)

in relation to seed potatoes produced elsewhere, the class stated in a label or document approved by the authority concerned, being a label attached to or document contained in the package or container in which the seed potatoes are imported into Northern Ireland;

“Commission Decision 2004/3/EC” means Commission Decision 2004/3/EC of 19 December 2003(2) authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Directive 2002/56;

“Commission Decision 2004/842/EC” means Commission Decision 2004/842/EC of 1 December 2004(3) concerning implementing rules whereby member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted;

“Commission Directive 93/17/EEC” means Commission Directive 93/17/EEC(4) of 30 March 1993 determining Community grades of basic seed potatoes, together with the conditions and designations applicable to such grades;

“Commission Directive 2008/62/EC” means Commission Directive 2008/62/EC(5) of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;

“Common Catalogue” means the Common Catalogue of varieties of seed potatoes published in the Official Journal of the European Communities;

“Common Catalogue Directive” means Council Directive 2002/53/EC(6) (as amended by Council Directive 2003/61/EC(7)) on the common catalogue of varieties of agricultural plant species;

“Community grade” in relation to basic seed potatoes means one of the grades designated by Commission Directive 93/17/EEC(8) determining Community grades of basic seed potatoes, together with the conditions and designations applicable to such grades;

“Conservation variety seed potatoes” means any variety of seed potatoes accepted by any member State into its national catalogue of varieties of agricultural plant species in accordance with Article 3 of Commission Directive 2008/62/EC;

“Council Directive 70/457/EEC” means Council Directive 70/457/EEC of 29 September 1970(9) on the common catalogue of varieties of agricultural plant species;

“Council Directive 2001/18/EC” means Directive 2001/18/EC(10) of the European Parliament and of the Council of 12th March 2001 on the deliberate release into the environment of genetically modified organisms;

“Council Directive 2002/56/EC” means Council Directive 2002/56/EC of 13 June 2002(11) on the marketing of seed potatoes;

“Council Directive 2002/53/EC” means Council Directive 2002/53/EC of 13 June 2002(12) on the common catalogue of varieties of agricultural species;

“Council Directive 2003/61/EC” means Council Directive 2003/61/EC of 18 June 2003(13) on the marketing of seed potatoes, as it amends Article 20 of Council Directive 2002/56/EC;

“damage” means damage arising from the action of extreme temperature or from bruising or in any other way if such damage is likely to impair germination and growth or allow the spread of any disease or pest;

“Department” means the Department of Agriculture and Rural Development;

“disease or pest” means a disease or pest set out in Groups 1 to 3 in Column 1 of Tables 1, 2, 3 and 4 of Schedule 6;

“export” and “import” respectively mean the sending out of Northern Ireland to any other place and the bringing into Northern Ireland from any other place;

“genetically modified” has the same meaning as for the purposes of Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms;

“grower’s number” has the meaning assigned to it in regulation 11(2);

“lot” means an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 18;

“marketing” means—

(g)

selling, holding with a view to sale or offering for sale; and

(h)

any disposal, supply or transfer for the purpose of commercial exploitation of seed potatoes to third parties,

whether or not for consideration and for these purposes “commercial exploitation” shall not be taken to include the supply of seed potatoes to any person for the purpose of processing or packaging them provided he does not acquire title to the seed potatoes supplied; and “market” and “marketed” shall be construed accordingly;

“member State” means a member State of the Communities;

“National List” means a list of varieties of potato species prepared and published—

(i)

in accordance with regulation 3 of the Seeds (National List of Varieties) Regulations 2001(14); or

(j)

by a member State other than the United Kingdom pursuant to Article 3 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species(15), as amended by Regulation (EC) No.1829/2003(16);

“net weight” means the net weight of seed potatoes contained in a package or container as declared at the time of an application for an official label under regulation 15(3);

“official document” means a document issued or approved by the Department or where the seed potatoes are produced outside Northern Ireland which meets the requirements of Article 13(1)(b) of Council Directive 2002/56/EC;

“official examination” means an examination carried out by or on behalf of the Department;

“official label” means—

(k)

for seed potatoes produced in Northern Ireland, a label which complies with the requirements set out in Part 1 of Schedule 5 and which is supplied by or on behalf of the Department; and

(l)

for seed potatoes produced outside Northern Ireland, a label issued or approved by the authority concerned in the country or place where the seed potatoes were produced which meets, as appropriate to the seed potatoes to which the label relates, the requirements of Article 13(1)(a) or Article 18(f) of Council Directive 2002/56/EC or Article 9 of Commission Decision 2004/842/EC;

“package or container” means—

(m)

a bag, or sack, which has been previously unused; or

(n)

a box, or crate, which has either been previously unused or has been cleaned and disinfected since its previous use;

“potato” means a tuber or part thereof or any plant or part thereof of Solanumtuberosum L or other tuber-forming species or hybrid of Solanum;

“pre-basic seed potatoes” means—

(o)

in relation to seed potatoes produced in Northern Ireland, seed potatoes in relation to which a certificate classifying them as seed potatoes of a pre-basic category has been issued in accordance with Schedule 1;

(p)

in relation to seed potatoes produced outside Northern Ireland, seed potatoes being a lot or part of a lot imported into Northern Ireland in a package or container, to or in which a label or document, in accordance with Article 18(f) or Council Directive 2002/56/EC, approved by the authority concerned has been affixed or placed, stating that on examination of the potatoes they were classified as seed potatoes of a pre-basic category in that country or place where the Department has approved the arrangements applying to pre-basic seed potatoes in that country or place as being equivalent to those applying in Northern Ireland; and

(q)

pre-basic seed potatoes may be placed on the market in accordance with the provisions of Articles 4 and 18 of Council Directive 2002/56/EC.

“protected region” means Northern Ireland and any of those regions listed in the Annex 1 to Commission Decision 2004/3/EC;

“region of origin” means the region forming a part or the whole of Northern Ireland identified by the Department for the purposes of article 8.1 of Commission Directive 2008/62/EC;

“Regulation (EC) No 1829/2003” means Regulation (EC) 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (17);

“relevant authority or authority” means the authority in the country or place where seed potatoes are produced which is concerned with the classification and certification of seed potatoes in that country or place for the purposes of Council Directive 2002/56/EC;

“scientific purposes and selection work seed potatoes” means seed potatoes which—

(r)

in relation to seed potatoes produced in Northern Ireland, are seed potatoes which have been authorised by the Department for marketing in accordance with regulations 4 and 5; and

(s)

in relation to seed potatoes produced outside Northern Ireland, are seed potatoes which have been authorised by the authority concerned in the country or place where the potatoes were produced for marketing in accordance with Article 6(1)(a) of Council Directive 2002/56/EC;

“sealing device” means a device used to seal a package or a container of seed potatoes which will be broken if it is applied to a package or a container and that package or container is opened in the ordinary way subject to—

(t)

such a device not being deemed to include an official label which is machine stitched into the mouth of the bag;

(u)

in the case of seed potatoes produced in Northern Ireland such a device being deemed to include an official label which is machine stitched into the mouth of the bag and which is also endorsed with the official stamp of the Department;

“seed potatoes” means potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation or any potatoes that are intended to be used for planting and propagation;

“seed potatoes produced elsewhere” means seed potatoes produced outside Northern Ireland and imported into Northern Ireland in compliance with Orders made under the Plant Health Act (Northern Ireland) 1967(18) which regulate the landing of potatoes in Northern Ireland;

“size” means the size of the square of the mesh of the riddle or gauge through, or by means of which, seed potatoes are passed or retained;

“test and trial seed potatoes” means seed potatoes which—

(v)

in relation to seed potatoes produced in Northern Ireland, are seed potatoes which have been authorised by the Department for marketing for test and trial purposes in accordance with regulations 4 and 6 and Schedule 10; and

(w)

in relation to seed potatoes produced outside Northern Ireland, are seed potatoes brought into Northern Ireland in a package or container which bears an official label in accordance with Article 9 of Commission Decision 2004/842/EC;

“unlisted varieties” means varieties of seed potatoes not yet officially listed on or accepted onto the National List.

(2) These Regulations are without prejudice to the provisions of the Plant Health Order (Northern Ireland) 2006(19).

(3) In these Regulations a reference to a tolerance in a sample shall be construed in relation to seed potatoes in the sample affected by—

(a) disease, damage, blemish, pest or any combination thereof as a reference to the proportion, expressed as a percentage of the weight of potatoes so affected, in relation to the total weight of potatoes in the sample;

(b) earth or other extraneous matter as a reference to a proportion expressed as a percentage, of the weight of such matter in relation to the total weight of potatoes in the sample.

(4) In relation to seed potatoes produced in Switzerland, any reference in these Regulations to Council Directive 2002/56/EC or Commission Decision 2004/842/EC or any provision thereof shall be construed as a reference to the legislation of the Swiss Confederation having equivalent effect in accordance with the Swiss trade agreement;

(5) Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations and which appear in Council Directive 2002/56/EC or Commission Decision 2004/842/EC have the same meaning in these Regulations as they have in Council Directive 2002/56/EC or Commission Decision 2004/842/EC.

(6) The Interpretation Act (Northern Ireland) 1954(20) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Exemptions

3.—(1) These Regulations shall not apply to seed potatoes produced in the Republic of Ireland consigned through Northern Ireland to a destination outside Northern Ireland if, without being unloaded in Northern Ireland, they are moved direct from the point of entry to the point of exit.

(2) The provisions of these Regulations do not apply to seed potatoes intended for export to any ‘third’ country, i.e. any country outside the European Community, in accordance with Article 1 of Council Directive 2002/56/EC.

Marketing of seed potatoes

4.—(1) Subject to the provisions of regulation 24, a person shall not market any potatoes as seed potatoes other than—

(a) pre-basic seed potatoes,

(b) test and trial seed potatoes,

(c) scientific purposes and selection work seed potatoes,

(d) conservation variety seed potatoes, or

(e) basic seed potatoes.

(2) Subject to the provisions of regulation 24, a person shall not market any pre-basic seed potatoes, scientific purposes and selection work seed potatoes, test and trial seed potatoes, conservation variety 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 24, 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;

(c) scientific purposes and selection work seed potatoes;

(d) test and trial seed potatoes; or

(e) conservation variety seed potatoes.

Marketing of seed potatoes for scientific purposes and selection work

5.—(1) The Department may authorise marketing of small quantities of seed potatoes for scientific purposes and selection work in accordance with this regulation.

(2) The Department shall not authorise marketing of seed potatoes which may contain any genetically modified material unless an authorisation is in force under the Food and Feed Regulation or Part C of the Deliberate Release Directive.

(3) Application for authorisation to market seed potatoes in accordance with paragraph (1) shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

Test and trial seed potatoes

6.—(1) The Department may authorise marketing of seed potatoes for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of potato species in accordance with this regulation and Schedule 10 and in accordance with Article 4 of Commission Decision 2004/842/EC.

(2) Application for authorisation or renewal of authorisation to market test and trial seed potatoes in accordance with paragraph (1) shall be made in writing to the Department and shall be accompanied by such information as the Department may require if not otherwise available to the Department (including a reference to the original authorisation and any available information which supplements the information already provided on the description of the variety and whether the maintenance, cultivation or use of the variety concerned is still ongoing).

(3) The Department shall not authorise marketing—

(a) of an amount of test and trial seed potatoes in excess of that permitted by Article 7 of Commission Decision 2004/842/EC;

(b) of seed potatoes which contain any genetically modified material unless that material is authorised under Regulation (EC) No. 1829/2003 or Part C of Council Directive 2001/18/EC.

(4) Authorisation given in accordance with paragraph (1), or the renewal of such authorisation, shall be for a period of one year or such shorter period as the Department may specify.

(5) In authorising marketing in accordance with paragraph (1), the Department may impose such conditions as it thinks necessary or desirable having regard to the nature of the tests or trials and the nature of the seed potatoes to which the application relates, including a condition relating to the keeping of records in respect of the marketing of the seed potatoes.

(6) Authorisation given in accordance with paragraph (1) shall cease to have effect where—

(a) the application referred to in paragraph 3(a) of Schedule 10 is withdrawn or rejected in accordance with the Seeds (National List of Varieties) Regulations 2001; or

(b) the variety of potato species, to which the authorisation relates belong, is entered in a National List or the Common Catalogue.

(7) The Department may withdraw authorisation given in accordance with paragraph (1) where there is a breach of any condition referred to in paragraph (5).

(8) The Department may require the person to whom authorisation has been given in accordance with paragraph (1) to provide it with information about—

(a) the results of the tests or trials to which the authorisation relates; and

(b) the quantities of seed potatoes marketed during the authorised period and the name of the member State in which the seed potatoes were or were intended to be marketed.

Marketing of seed potatoes of conservation varieties

7.—(1) A person shall not market conservation variety seed potatoes unless—

(a) the seed potatoes have been produced in the variety’s region of origin or additional region; and

(b) marketing takes place in the region of origin or additional region.

(2) A person proposing to produce conservation variety seed potatoes shall, before doing so, supply the Department, in such manner and form as the Department requires, with details in writing of the size and location of the area to be used to produce that seed.

(3) For the purposes of Articles 14 and 15(2) of Commission Directive 2008/62/EC, the Department may specify the maximum amount of seed potatoes of a conservation variety that may be marketed in any given production season and different maxima for different persons or classes of persons may be specified.

(4) The amount of seed potatoes of a conservation variety marketed by a person shall not exceed any maximum amount specified under paragraph (3) in relation to that person.

Seed potatoes from third countries: information

8.  A person who imports a package containing a net weight of more than 2 kilograms of seed potatoes produced in a country other than a member State shall not market the seed potatoes unless that person provides the Department with the information specified in Part 3 of Schedule 5, in respect of the seed potatoes.

Production measures in the interests of plant health

9.  The production of seed potatoes shall at all stages be conducted in such manner as to ensure that they do not come into contact with any potatoes other than seed potatoes during growing, harvesting, storing, preparation for marketing, transportation, handling and grading.

Composition of lots of seed potatoes and separation in the interests of varietal purity

10.—(1) A person shall not market pre-basic seed potatoes or basic seed potatoes otherwise than in a lot consisting wholly of seed potatoes of—

(a) one category;

(b) one variety; and

(c) one class.

(2) A person shall not market test and trial seed potatoes otherwise than in a lot consisting wholly of seed potatoes of one variety.

(3) For the examination of seed potatoes for test and trial purposes, samples shall be drawn officially or under official supervision, in accordance with appropriate methods, as required by Article 6 of Commission Decision 2004/842/EC.

(4) For the purposes of this regulation a lot of seed potatoes shall be treated as if it consists wholly of one variety provided that—

(a) in relation to seed potatoes produced in Northern Ireland, it complies with the requirements of Schedule 4;

(b) in relation to seed potatoes produced outside Northern Ireland, the lot is sufficiently homogeneous in accordance with the standards imposed by the authority concerned pursuant to Council Directive 2002/56/EC in respect of the marketing of those potatoes and in accordance with Article 6(5) of Commission Decision 2004/842/EC; and

(c) for the examination of seed potatoes for test and trial purposes or for scientific purposes and selection work, samples shall be drawn officially or under official supervision, in accordance with appropriate methods, as required by Article 6 of Commission Decision 2004/842/EC.

Certification and classification

11.—(1) Application for certification of seed potato crops shall be made to the Department with such information, in such form and in such manner as it may require.

(2) On receipt of an application under paragraph (1) the Department shall allocate to the grower who produces the seed potatoes in respect of which such application has been made a number to be called a “grower’s number”.

(3) Certification and classification of basic seed potatoes and pre-basic seed potatoes shall be carried out by an authorised officer in accordance with the provisions of Schedule 1 and Schedule 2.

(4) A certificate shall not be issued in respect of seed potatoes which fail to meet the requirements and tolerances—

(a) set out in Table 2 of Schedule 2 in respect of Class A, or

(b) set out in regulations 4, 8, 9 and 10.

(5) The Department may withdraw a certificate after it has been issued where an authorised officer is satisfied that the seed potatoes in respect of which that certificate has been issued have not been so grown, harvested, stored, prepared for marketing, transported, handled or graded as to ensure that seed potatoes of each class or variety have been or are kept separate from all other potatoes.

Community grading of basic seed potatoes

12.—(1) Basic seed potatoes marketed within Northern Ireland shall be graded by an authorised officer into one of the Community grades.

(2) Basic seed potatoes marketed outside Northern Ireland which fulfil the requirements of a Community grade may be graded by an authorised officer into that Community grade.

Packages and containers

13.—(1) Subject to paragraph (2) and regulation 15, a person shall not, in the course of marketing, deliver or cause to be delivered a lot otherwise than in a package or container.

(2) A person shall not export, attempt to export or cause the export from Northern Ireland of a lot produced in Northern Ireland otherwise than in a package or container marked with the information and complying with the requirements set out in paragraph 1 of Part 2 of Schedule 5 unless that person obtains from the Department a decision to disapply the requirements in accordance with paragraph 2 of that Part.

(3) Each lot delivered, or intended for delivery, in the course of marketing shall be homogenous to the extent that the contents of each package or container in the lot is fairly and truly representative of the contents of all packages or containers in the lot.

(4) Each package or container in the lot shall be so packed that any potatoes exposed to view, or which would be exposed to view if the package or container is opened, are representative in size, condition and quality of the entire contents of that package or container.

(5) A person shall not market seed potatoes otherwise than in—

(a) a new package or container; or

(b) a container which, having been previously used for any purpose, has been cleaned and disinfected, in accordance with the requirements of an authorised officer, since being so last used; and

(c) in accordance with regulation 10 and Article 11(1) of Council Directive 2002/56/EC and Article 8 of Commission Decision 2004/842/EC.

(6) The containers or packages shall bear an official label in English or one of the other official languages of the European Union.

(7) The Department may provide derogations from the provisions in these Regulations in respect of packaging, sealing and marking as permitted by Article 11(2) of Council Directive 2002/56/EC and Commission Directive 2008/62/EC.

Genetically modified seed potatoes

14.—(1) A person shall not market genetically modified seed potatoes unless—

(a) it is clearly indicated in the sales catalogue of the person marketing the seed potatoes and in any other marketing information or marketing representations provided by that person, that the seed potatoes have been genetically modified;

(b) any label or document, whether official or otherwise, affixed to, accompanying or following a lot or any part of a lot in accordance with the provisions of regulation 13(2), 15 or 16, shall clearly indicate that seed potatoes have been genetically modified; and

(c) authorisation to market seed potatoes that have been genetically modified has been granted by the Department in accordance with paragraph (2).

(2) (a) An application for authorisation to market seed potatoes that have been genetically modified in accordance with this regulation shall be made in writing to the Department and shall be accompanied by such information as it may require.

(b) The Department shall not authorise marketing of seed potatoes which contain any genetically modified material unless an authorisation is in force under Regulation (EC) No. 1829/2003 or Part C of Directive 2001/18/EC.

(3) If the conditions specified in paragraph (4) are satisfied small quantities of seed potatoes which contain any genetically modified material may be marketed for—

(a) scientific purposes and selection work; and

(b) test and trial purposes.

(4) The conditions referred to in paragraph (3) 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 Directive 2001/18/EC, or under Regulation (EC) No. 1829/2003;

(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/EEC(21) 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 (5) to the person marketing the potatoes.

(5) An authorisation may be granted by the Department of the Environment for the purpose of paragraph (5)(d) if—

(a) the person intending to market the small quantity of seed potatoes for scientific purposes and selection work or for test and trial purposes has made an application to that Department no later than 15 working days before the seed potatoes are marketed—

(i) giving the Department notice of the person’s intention to market a small quantity of seed potatoes for—

(aa) scientific purposes and selection work;

(bb) test and trial purposes; or

(cc) conservation;

(ii) giving that Department such information relating to the acceptance for marketing of the variety of the seed potatoes concerned under Council Directive 2001/18/EC and Regulation (EC) No. 1829/2003, and the scientific purposes and selection work or test and trial purposes or conservation purposes 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 6(1) of Council Directive 2002/56/EC on the marketing of seed potatoes and Commission Decision 2004/842/EC.

Labelling of packages and containers

15.—(1) Subject to paragraph 8 and regulation 19, a person shall not market a package or container of seed potatoes otherwise than in accordance with the provisions of paragraphs (2), (4), (5) and (6), and regulation 17.

(2) Subject to paragraph (4), there shall be attached to the outside of each package or container an official label on which there is correctly stated in relation to the contents the particulars set out in Part 1 of Schedule 5.

(3) Application for official labels for seed potatoes produced in Northern Ireland in respect of which a certificate has been issued under regulation 9 shall be made to the Department with such information as the Department may require. A person shall not in connection with the issue of an official label supply any information which is false in a material respect.

(4) If a package or container has been re-sealed by an authorised officer in accordance with regulation 17 or by an officer of the authority concerned the official label in respect of it shall also state—

(a) that the package or container has been so re-sealed;

(b) the date of re-sealing;

(c) the authority responsible for such re-sealing.

(5) Subject to paragraph (6) where seed potatoes have been treated with a chemical product, the name of the chemical product or the generally recognised abbreviation of the chemical name or the proprietary name of that product shall be stated on a label attached to the package or container.

(6) Paragraph (5) shall not apply where the statement required thereby is indelibly printed on the package or container or on a wear and tear resistant label, or adhesive label, attached to that package or container.

(7) A person shall not in connection with the marketing or preparation for marketing of seed potatoes wilfully reproduce, remove, deface, conceal or misuse in any way—

(a) an official label;

(b) a label attached in accordance with paragraph (5) or (6);

(c) a label approved by the authority concerned; or

(d) any particulars or statement printed on a package or container.

(8) An official label should normally be used. If in an exceptional case the Department authorises or accepts a consignment without a label (such as small quantities under 50kg for retail sales), or where an official label cannot be used, an official document may be substituted, for example, where approval is by the authority concerned of another country or place. The official document must comply with Article 13(1) or Article 18(f) of Council Directive 2002/56/EC, or Article 9 of Commission Decision 2002/842/EC.

(9) The official label for unlisted varieties of test and trial seed potatoes shall be orange and shall include the necessary information required in Articles 9 and 10 of Commission Decision 2004/842/EC.

Withholding or withdrawal of sealing devices or official labels

16.—(1) An authorised officer may in respect of a lot or any part thereof withhold or withdraw a sealing device or official label where the officer is reasonably satisfied that—

(a) the lot or part thereof has not been so harvested, stored, prepared for marketing, transported, handled or graded as to ensure that seed potatoes of one class or variety have been or are kept separate from all other potatoes;

(b) the lot or part thereof does not comply with the requirements as to varietal purity and size specified in Schedule 4 in relation to a lot of seed potatoes of the class stated on the label;

(c) the lot or part thereof is not contained, or intended for delivery, in a package or container;

(d) the lot or part thereof has been treated with a product which is produced primarily as an application for inhibiting germination;

(e) a sample taken from the lot exceeds any of the tolerances for disease, pest, damage, blemish or impurity specified in the Tables set out in Schedule 6;

(f) an official label already issued in respect of the lot contains particulars which are false in a material respect;

(g) the lot is delivered, or intended for delivery, in conditions which expose potatoes in the lot to damage by frost or other weather conditions; or

(h) there has been any other failure to comply with the provisions of these Regulations.

(2) Where a certificate has been issued in respect of a crop and Potato Cyst Nematode is subsequently found in the land in which any of the potatoes comprised in that crop were grown an authorised officer shall cancel such certificate in respect of any unsold portion of that crop or part thereof.

(3) If in the opinion of the Department weather conditions are such that they do not permit delivery in the course of marketing of seed potatoes produced in Northern Ireland without a risk of damage by frost to such potatoes the Department may, for such period as it may decide, withhold sealing devices for such potatoes. A decision to withhold sealing devices shall be communicated by the Department to representatives of such interests as appear to the Department to be concerned.

(4) An authorised officer shall not, without the authority of the person who in accordance with regulation 9 made an application for certification and classification of the crop, apply a sealing device to any seed potatoes from such crop.

Sealing of packages and containers

17.—(1) Subject to paragraph (3) and regulation 19, a person shall not market a package or container of seed potatoes produced outside Northern Ireland unless that package or container has been sealed by or under the supervision of an authorised officer or an officer of the authority concerned and the sealing device thus applied remains unbroken.

(2) Subject to paragraph (3) and regulation 19, a person shall not market a package or container of seed potatoes produced in Northern Ireland unless that package or container has been sealed by an authorised officer and the sealing device thus applied remains unbroken.

(3) Where a sealing device on a package or container of seed potatoes has been broken that package or container shall not be re-sealed with a sealing device except by or under the supervision of an authorised officer or an officer of the authority concerned.

Separate note, etc., of Schedule 7 particulars

18.  Subject to regulation 19, a person who sells, consigns or delivers seed potatoes shall furnish to the purchaser, not later than 14 days after the sale or the delivery, whichever is the later, of such seed potatoes a sale note, delivery note, invoice or similar document setting out in respect of those seed potatoes the particulars listed in Schedule 7.

Retail sales

19.  Regulations 13, 15, 17 and 18 shall not apply to a sale by retail of a quantity of less than 50 kg of pre-basic seed potatoes or basic seed potatoes—

(a) where, at the time of the sale, there was conspicuously displayed on or in close proximity to the seed potatoes a statement setting out the particulars listed in Schedule 7; or

(b) in new containers, upon each of which there is printed or otherwise legibly or indelibly marked or to or in which there is attached or inserted a label setting out the particulars listed in Schedule 7.

Tolerances

20.—(1) Where particulars of the variety of seed potatoes being marketed are stated pursuant to these Regulations, the particulars so stated shall be deemed to be correct if the varietal impurity of those seed potatoes does not exceed 0.1% by number of tubers or plants.

(2) The tolerances set out in Column 4 of Tables 1 and 2 of Schedule 2 are to be calculated as the number of plants in a sample affected by disease or impurity expressed as a percentage of the total number of plants in that sample.

(3) The tolerances specified in the Tables set out in Schedule 6 are to be calculated as the weight of seed potatoes in a sample affected by disease or pest, damage, blemish, or impurity expressed as a percentage of the total weight of seed potatoes in that sample.

Taking of samples

21.—(1) Where a sample of seed potatoes is required for the purposes of these Regulations such sample shall be taken by an authorised officer in accordance with the provisions of this regulation.

(2) Where a sample of seed potatoes is required in connection with the certification or classification of seed potatoes an authorised officer may take a sample of the soil in which the crop of such potatoes is growing or of any part of the plant of that crop, of such quantity or number and from such part of that crop as the officer may think appropriate.

(3) Where a sample of seed potatoes is required otherwise than as is mentioned in paragraph (2) an authorised officer shall take the sample in accordance with the provisions of Schedule 8.

Sub-standard seed potatoes

22.—(1) Where in the course of an official examination of seed potatoes an authorised officer is reasonably satisfied that such potatoes do not meet the requirements of these Regulations the officer shall serve a notice on the person in whose possession or charge the potatoes appear to be so informing that person and prohibiting delivery in the course of marketing of those potatoes as seed potatoes.

(2) Where in the course of an official examination of seed potatoes an authorised officer is of the opinion that any of such potatoes are affected, or may within a period of 14 days beginning with the date of such examination become affected, by a disease, pest or damage to such an extent that such potatoes may not meet the requirements of these Regulations the officer may serve a notice on the person in whose possession or charge the potatoes appear to be so informing that person and prohibiting delivery of those potatoes.

(3) A notice under paragraph (1) or (2) may require the person upon whom such notice is served to carry out on such premises at such time, within such period and in accordance with such methods as are stated in the notice the measures set out therein, being measures which in the opinion of the authorised officer are necessary—

(a) to ensure that the requirements of these Regulations are met; or

(b) to prevent the spread by means of the seed potatoes of any disease or pest, including in particular, but without prejudice to the generality of the foregoing, any of the measures set out in Schedule 9.

(4) The measures set out in a notice under paragraph (1) or (2) shall—

(a) not be varied except by or in accordance with the written consent of an authorised officer;

(b) be carried out to the satisfaction of an authorised officer by and at the expense of the person upon whom the notice has been served.

(5) Where a notice under paragraph (1) or (2) has been served, and until such time as the requirements of that notice have been complied with to the officer’s satisfaction, an authorised officer may withhold or remove or cause to be removed and retain any official label, or sealing device.

Records and information

23.—(1) A person who produces seed potatoes shall for a period of not less than 2 years maintain records of—

(a) such potatoes purchased by that person for planting;

(b) particulars of the crops grown from such potatoes; and

(c) the sales or other disposal of the produce of those crops.

(2) A person who markets seed potatoes shall for a period of not less than 2 years thereafter maintain a record of the person’s marketing of such seed potatoes.

(3) A person who produces, markets or otherwise has or has had possession of or charge of seed potatoes shall, if so required by notice from an authorised officer, within 7 days of the service of the notice, give to an authorised officer any information in that person’s possession as to the identity, address and occupation of any person in whose possession or under whose charge such potatoes are or have been and shall also produce for examination by an authorised officer any declaration, certificate, label, record or invoice relating to the planting, classification or marketing of such seed potatoes.

(4) Information given under paragraph (3) shall not be available as evidence in any proceedings under these Regulations against a person required to give such information except in respect of an alleged failure to comply with this regulation.

Power to exempt

24.  Notwithstanding any provision in these Regulations the Department may, subject to such conditions as it thinks fit, exempt any person, class of person or persons generally from compliance with any of the requirements of these Regulations in respect of seed potatoes.

Modifications of the Act

25.  The operation of the provisions of the Act referred to in paragraphs (a) and (b) shall in connection with these Regulations be modified as follows—

(a) section 7 shall not apply in respect of seed potatoes; or/and

(b) section 9 sub-sections (2), (4), (5), (6), (7), (8) and (9) shall be omitted.

Revocations and consequential amendments

26.  The Regulations and Order specified in Schedule 11 to these Regulations are revoked or consequentially amended.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 21st October 2010.

Mark Browne

A senior officer of the Department of Agriculture and Rural Development