Labelling of packages and containers of seed potatoes N.I.

11.—(1) Subject to regulation 16, a person shall not market pre-basic seed potatoes, basic seed potatoes or test and trial seed potatoes other than in a properly labelled package or container.

(2) For the purposes of paragraph (1), a properly labelled package or container means a package or container that—

(a) has affixed to the outside an official label; and

(b) subject to paragraph (3) contains an official document.

(3) Paragraph (2)(b) does not apply where—

(a) the particulars specified in [F1 paragraph 5 of Schedule 2] are indelibly printed on the package or container; or

(b) the official label is of an adhesive or wear and tear resistant material.

(4) An application for an official label or official document shall be made to the Department and shall be accompanied by such information as the Department may require.

(5) The Department may only issue an official label or official document if it is satisfied that—

(a) the seed potatoes are pre-basic seed potatoes, basic seed potatoes or test and trial seed potatoes;

(b) the seed potatoes comply with the applicable minimum size and maximum variation in size requirements specified in regulation 8;

(c) the seed potatoes are contained in a package or container;

(d) the seed potatoes have not been treated with a product which is produced primarily as an application for inhibiting germination;

(e) in relation to pre-basic seed potatoes and basic seed potatoes, a [F2 UK] grade has been determined under regulation 10(5) or, as the case may be, regulation 21(5);

(f) the seed potatoes have been harvested, stored, transported and handled so as to minimise the risk of contamination by any disease or pest specified in Schedule 3; and

(g) on a sample, the seed potatoes do not exceed any of the tolerances for diseases, pests, damage, blemishes or other defects specified in the relevant Table in Schedule 3.

(6) Where a person markets seed potatoes and the field generation is not indicated on the official label, the seed potatoes are deemed to belong to—

(a) in the case of pre-basic seed potatoes, the fourth generation; or

(b) in the case of basic seed potatoes of—

(i) [F2 UK] grade S, the fifth generation;

(ii) [F2 UK] grade SE, the sixth generation; and

(iii) [F2 UK] grade E, the seventh generation.

(7) A person shall not, in connection with an application for an official label or an official document, provide any information which is false in a material respect.

(8) If a package or container has been re-sealed by an authorised officer in accordance with regulation 12(2) the official label shall also state—

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

(b) the date of re-sealing;

(c) the name of the authority responsible for re-sealing.

(9) Where any pre-basic seed potatoes, basic seed potatoes or test and trial seed potatoes have been treated with any 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—

(a) stated on a label affixed to the package or container; and

(b) either—

(i) stated on a document contained in the package or container; or

(ii) indelibly printed on the package or container.

(10) For the purposes of section 5 of the Act, information relating to a variety of seed potatoes contained in a statutory statement is not held to be false in a material particular by reason only that it is false—

(a) in the case of pre-basic seed potatoes, in respect of no more than 0.01% of the seed potatoes; or

(b) in the case of basic seed potatoes or test and trial seed potatoes, in respect of no more than 0.1% of the seed potatoes.

(11) Except in accordance with the Act, these Regulations [F3 , the EU Plant Health Regulation] or an order made under the Plant Health Act (Northern Ireland) 1967 M1 , 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 or official document;

(b) any label affixed to, or document contained in, a package or container in accordance with this regulation;

(c) any particulars indelibly printed on a package or container in accordance with this regulation.

Textual Amendments

F1 Words in reg. 11(3)(a) substituted (1.8.2017) by The Seed Potatoes (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/155), regs.1, 3

F2 Word in reg. 11 substituted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 16; 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 11(11) inserted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(3)

Marginal Citations

M1 1967, c.28