The Seed Potatoes Regulations (Northern Ireland) 2016

Marketing of seed potatoes for test or trial purposes N.I.

7.—(1) Subject to paragraphs (3) and (4), the Department may, in accordance with this regulation and Schedule 5, authorise a producer to market seed potatoes produced in Northern Ireland for tests or trials (other than for scientific purposes or selection work) to be carried out at an agricultural enterprise to gather information on the cultivation or use of a variety of potato.

(2) An application for authorisation to market test and trial seed potatoes under paragraph (1) shall be made in writing to the Department and shall be accompanied by such information as the Department may require.

[F1 (3) The Department shall not authorise marketing—

(a) of a quantity of seed potatoes in excess of 0.1% of the annual amount of seed potatoes used in the United Kingdom, except that, if such quantity is not sufficient to sow 10 hectares, the quantity needed for such an area may be authorised;

(b) of seed potatoes which contain any genetically modified material unless—

(i) an authorisation is in force under—

(aa) Regulation 1829/2003 or Part C of Directive 2001/18/EC, where that authorisation was granted before exit day;

(bb) Regulation 1829/2003 (on genetically modified food and feed); or

(ii) a consent has been granted under

(aa) Article 8(1) of the Genetically Modified Organisms (Northern Ireland) Order 1991;

(bb) section 111(1) of the Environmental Protection Act 1990.]

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

(5) In giving authorisation under 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 cultivation, use or marketing of the seed potatoes.

(6) Authorisation given under paragraph (1) shall cease to have effect where—

(a) the application made under regulation 4(1)(a) of the [F2 NI Variety Lists Regulations] for acceptance of the relevant variety of potato on to the [F3 NI Variety List] is withdrawn or refused; or

(b) the variety of potato to which the authorisation relates is entered in the [F3 NI Variety List] or [F4 , before the end of the period of one year beginning with the day after the day on which exit day falls,] the Common Catalogue.

(7) The Department may withdraw authorisation given under paragraph (1) if it is satisfied that there has been a breach of any condition imposed under paragraph (5).

(8) The Department may require the producer to whom an authorisation has been given under paragraph (1) to provide 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 names of the [F5 countries] in which the seed potatoes are intended to be marketed.

(9) In this regulation “authorisation” includes the renewal of an authorisation.

Textual Amendments

F1 Reg. 7(3) 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), 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 7(6)(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(e)(ii)

F3 Words in reg. 7(6)(a)(b) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(e)(i)

F4 Words in reg. 7(6)(b) inserted (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), 13(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 7(8)(b) 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), 13(c); 2020 c. 1, Sch. 5 para. 1(1)