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regulations 4(2)(d) and 16(1)(b)
1. For the purposes of regulation 4(2)(d), the requirements, if any, set out in paragraphs 2, 3 and 4 as to the varietal purity or minimum size of or maximum size between tubers in a lot of seed potatoes are specified in relation to any lot of seed potatoes to which those paragraphs respectively apply.
2.—(1) This paragraph applies—
(a)to seed potatoes classified under these Regulations as being of the class Pre-basic TC; and
(b)to pre-basic seed potatoes produced outside Northern Ireland which are approved by the Department as being equivalent to that class.
(2) In the case of seed potatoes to which this paragraph applies there shall be no deviation from variety.
3.—(1) This paragraph applies—
(a)to seed potatoes classified under these Regulations as being of the class Pre-basic 1, Pre-basic 2, Pre-basic 3 or Pre-basic 4; and
(b)to seed potatoes produced outside Northern Ireland which are approved by the Department as being equivalent to that class.
(2) Subject to paragraphs (3) and (4), in the case of seed to which this paragraph applies—
(a)there shall be no deviation from variety;
(b)the minimum size is 25 millimetres; and
(c)the maximum variation in size between the tubers in a lot is 25 millimetres.
(3) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 21(3) and Schedule 8, the proportion of the weight of potatoes which deviate from variety does not exceed 0.01% of the total weight of the sample.
(4) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c), the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 21(3) and Schedule 8, the proportion of the weight of potatoes —which are—
(i)smaller than the minimum size stated on the official label; and
(ii)larger than the maximum size stated on the official label
does not exceed 2% of the total weight of the sample.
4.—(1) This paragraph applies to basic seed potatoes.
(2) Subject to sub-paragraphs (3) and (4), in the case of seed potatoes to which this paragraph applies—
(a)there shall be no variation from variety;
(b)the minimum size is 25 millimetres; and
(c)the maximum variation in size between tubers in a lot is 25 millimetres.
(3) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 21(3) and Schedule 8, the proportion of the weight of potatoes which deviate from variety does not exceed 0.1% of the total weight of the sample.
(4) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c)—
(a)in the case of seed potatoes produced in the United Kingdom, the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 21(3) and Schedule 8, the proportion of the weight of potatoes which are—
(i)smaller than the minimum size stated on the official label; and
(ii)larger than the maximum size stated on the official label
does not exceed 2% of the total weight of the sample; and
(b)in the case of potatoes produced outside the United Kingdom, the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 21(3) and Schedule 8, the proportion of the weight of potatoes which are—
(i)smaller than the minimum size stated on the official label, does not exceed 3%; and
(ii)larger than the maximum size stated on the official label, does not exceed 3%—
of the total weight of the sample.
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