The Seed Potatoes Regulations (Northern Ireland) 2016

Regulations 2(1), 10(7) and 21(2)(a)

SCHEDULE 1 N.I. Growing crop reports

PART 1 N.I. General

1.  On receipt of an application for certification of any seed potatoes, an authorised officer shall— N.I.

(a) allocate to the person making the application a producer's identification number, (where one does not already exist for that person);

(b) carry out an official examination of the crop of seed potatoes to which the application relates to determine—

(i) in accordance with this Schedule, the category at which the seed potatoes are capable of being marketed;

(ii) in accordance with the relevant Table in Schedule 4, the Union grade at which the seed potatoes are capable of being marketed;

(c) where appropriate, determine the field generation of the seed potatoes; and

(d) subject to paragraphs 3 to 10, issue a growing crop report in accordance with paragraph 2.

2.  A growing crop report shall state— N.I.

(a) the name and address of the applicant;

(b) the producer's identification number;

(c) the category and Union grade at which the authorised officer has determined the seed potatoes are capable of being marketed in accordance with paragraph 1(b);

(d) the field generation;

(e) the date on which the growing crop report was issued;

(f) the variety of the seed potatoes;

(g) the area of the seed potatoes; and

(h) the farm survey number and the number of the field in which the crop was grown.

3.  A growing crop report shall only be issued if an authorised officer is satisfied that— N.I.

(a) the seed potatoes are of a variety of potato species listed in the National List or the Common Catalogue;

(b) the seed potatoes in any one crop are of a single variety;

(c) the seed potatoes are taken from a crop which is free from the following diseases or pests—

(i) Wart Disease;

(ii) Potato Cyst Nematode;

(iii) Ring Rot;

(iv) Brown Rot;

(v) Potato Tuber Eelworm;

(vi) PSTVd;

(vii) Colorado Beetle; and

(viii) Dickeya.

(d) the land on which the seed potatoes are growing or were grown—

(i) is not land in respect of which a notice has been served under article 32(4) of the Plant Health Order with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn;

(ii) is not land within a zone demarcated under article 38(7) of the Plant Health Order to prevent the spread of Brown Rot;

(e) blanking in any of the growing crop of the seed potatoes is not or was not excessive;

(f) the growing crop—

(i) in the case of pre-basic seed potatoes, has not been rogued prior to examination; or

(ii) in the case of basic seed potatoes, any roguing has been carried out effectively and the growing crop has not been over-rogued; and

(g) all reasonable husbandry practices for the prevention of the occurrence, development or spread of diseases and pests have been effectively carried out.

PART 2 N.I. Pre-basic seed potatoes

4.—(1) A growing crop report stating that the seed potatoes are capable of being marketed as pre-basic seed potatoes shall not be issued unless the authorised officer is satisfied that the land on which the seed potatoes are growing— N.I.

(a) is land which, as a result of a soil test carried out by the Department prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode;

(b) is not demarcated under Schedule 15 to the Plant Health Order; and

(c) is land which has not been used for growing potatoes at any time during the six years immediately preceding the planting of the crop.

(2) Sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.

5.  A growing crop report stating that the seed potatoes are capable of being marketed as pre-basic seed potatoes shall not be issued unless the authorised officer is satisfied that— N.I.

(a) the seed potatoes are derived from nuclear stock or mother plants that are free from Blackleg., Dickeya, Leafroll, PVA, PVY and Potato viruses M, S, and X;

(b) the seed potatoes are grown in the year of application for certification on a farm on which only pre-basic seed potatoes are planted;

(c) the growing plants are free from symptoms of Blackleg;

(d) the number of growing plants not breeding true to the variety or are of a different variety is not likely to be more than 0.01%;

(e) in the immediately succeeding crop produced from the seed potatoes the number of growing plants showing symptoms of virus infection is not likely to be more than 0.5%;

(f) the growing plants are free from symptoms caused by PVA, PVY and Leafroll;

(g) the number of growing plants with mosaic symptoms, other than symptoms caused by PVA and PVY, is not likely to be more than 0.1%; and

(h) the number of field generations does not exceed four.

PART 3 N.I. Basic seed potatoes

6.  A growing crop report stating that the seed potatoes are capable of being marketed as basic seed potato crops shall not be issued unless the authorised officer is satisfied that the land on which the seed potatoes are growing— N.I.

(a) is land which as a result of a soil test carried out, by the Department, prior to the planting of the crop has been found not to be contaminated with Potato Cyst Nematode;

(b) is not demarcated under Schedule 15 to the Plant Health Order; and

(c) is land which has not been used for growing potatoes at any time during the four years immediately preceding the planting of the crop.

7.  A growing crop report stating that the seed potatoes are capable of being marketed as basic seed potatoes shall not be issued unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain more than 4% by number of growing plants which show symptoms of virus diseases prevalent in Europe, where those symptoms are attributable to infection in the mother crop. N.I.

8.  A growing crop report stating that the seed potatoes are capable of being marketed as basic seed potatoes shall not be issued unless the authorised officer is satisfied that— N.I.

(a) the number of growing plants not breeding true to the variety or are of a different variety is not likely to be more than 0.1% and in the immediately succeeding crop produced from the seed potatoes the number is not likely to be more than 0.25%;

(b) the number of growing plants with mosaic symptoms caused by viruses prevalent in Europe and the number of plants with symptoms caused by Leafroll are together not likely to be more than 0.8%, of which symptoms caused by PVA, PVY and Leafroll collectively shall not exceed 0.4%; and

(c) the number of growing plants affected by Blackleg is not likely to be more than 1%.

9.  A growing crop report containing a statement that the conditions for basic seed potato crops have been met shall not be issued unless the authorised officer is satisfied that— N.I.

(a) the maximum number of generations of basic potatoes does not exceed four; and

(b) the combined generations of pre-basic potatoes in the field and basic potatoes does not exceed seven.

Regulations 2(1) and 11(3)

SCHEDULE 2 N.I. Official labels and official documents

PART 1 N.I. Official labels

1.—(1) An official label affixed to a package or container of seed potatoes— N.I.

(a) in the case of basic seed potatoes, shall be white;

(b) in the case of pre-basic seed potatoes, shall be white with a diagonal violet line;

(c) in the case of test and trial seed potatoes, shall be orange.

(2) An official label shall not measure less than 110 millimetres by 67 millimetres in size.

(3) An official label affixed to a package or container of basic seed potatoes shall—

(a) state the words “EU Rules and Standards”; and

(b) state the following particulars—

• Certification authority and member State or their initials;

• Country of production;

• Producer's identification number or reference number of the lot;

• Variety, indicated at least in Roman characters;

• Genetically modified (if appropriate);

• Basic seed potatoes;

• Grade;

• Size;

• Declared net weight;

• Month and year of sealing.

(4) An official label affixed to a package or container of pre-basic seed potatoes shall state the following particulars—

• Certification authority and member State or their initials;

• Producer's identification number or reference number of the lot;

• Species, indicated at least in Roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both;

• Variety, indicated at least in Roman characters;

• Genetically modified (if appropriate);

• Pre-basic seed potatoes;

• Grade;

• Month and year of sealing.

(5) An official label affixed to a package or container of test and trial seed potatoes shall—

(a) state the words “variety not yet officially listed” and “for test and trials only”; and

(b) state the following particulars—

• Certification authority and member State or their distinguishing abbreviation;

• Producer's identification number or reference number of the lot;

• Month and year of sealing;

• Species;

• Denomination of the variety under which the seed potatoes are to be marketed (which may be the breeder's reference, the proposed denomination or the approved denomination);

• Reference number in respect of any application submitted in accordance with regulation 4(1)(a) of the National Lists Regulations;

• Genetically modified (if appropriate);

• Size;

• Declared net weight.

2.  In the case of seed potatoes of a conservation variety, in addition to the requirements of paragraph 1, an official label shall include the words and particulars required by Article 18 of Commission Directive 2008/62/EC. N.I.

3.  Without prejudice to paragraph 1, an official label may contain a statement concerning the field generation to which the seed potatoes belong. N.I.

PART 2 N.I. Official Documents

4.  An official document used— N.I.

(a) in the case of pre-basic seed potatoes, shall be coloured white with a diagonal violet line;

(b) in the case of basic seed potatoes, shall be coloured white;

(c) in the case of test and trial seed potatoes, shall be coloured orange.

5.  An official document shall, in relation to the seed potatoes to which it relates, state— N.I.

(a) the producer's identification number or reference number of the lot;

(b) the month and year of sealing; and

(c) the country of production.

Regulations 2(2), 10(3)(b), 11(5)(g) and 21 (1)(a), (3) and (4)

SCHEDULE 3 N.I. Minimum quality conditions for lots of seed potatoes

1.  For the purposes of regulations 10 and 21— N.I.

(a) Table 1 sets out the minimum quality conditions for lots of pre-basic seed potatoes produced in Northern Ireland; and

(b) Table 2 sets out the minimum quality conditions for lots of basic seed potatoes produced in Northern Ireland.

Tolerances N.I.

2.  The tolerance set out in the entry in column 2 of Table 1 or 2 is specified, in relation to the disease, pest, damage, blemish or other defect specified in column 1 of the Table to which the entry corresponds.

Allowable Surface area cover N.I.

3.—(1) This paragraph applies, for the purposes of regulation 10(3)(b), to seed potatoes to which Table 1 or 2 applies.

(2) Subject to sub-paragraph (3), an authorised officer may deem any seed potato not to be affected by Skin Spot, Black Scurf, Powdery Scab or Common Scab if, in the officer's opinion—

(a) the surface area of the potato affected by the disease is less than the percentage surface area in the entry corresponding to the disease; and

(b) the potato has at least two eyes at the rose end wholly unaffected by the disease.

(3) Sub-paragraph (2) does not apply when the disease Powdery Scab takes its cankerous form.

Table 1

Pre-basic seed potatoes

Diseases, pests, damage and blemishes	Tolerances	Allowable surface cover (% area)
(a) Group I
(i) Wart Disease	Nil
(ii) Potato Cyst Nematode	Nil
(iii) Ring Rot	Nil
(iv) Brown Rot	Nil
(v) Potato Tuber Eelworm	Nil
(vi) PSTVd	Nil
(vii) Colorado Beetle	Nil
(viii) Dickeya	Nil
(b) Group II
(i) Rots (other than Ring Rot or Brown Rot)	0.2%
(ii) Black Scurf	1%	10%
(iii) Common Scab	5%	33%
(iv) Powdery Scab	1%	10%
(v) Skin Spot	0.2%
(vi) Shrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf	0.5%
(vii) External blemishes including misshapen or damaged tubers	3%
(viii) Earth and extraneous matter	1%
(ix) Total percentage of seed potatoes covered by tolerances in points (i) to (vii) in Group II	6%

Table 2

Basic seed potatoes

Diseases, pests, damage and blemishes	Tolerances	Allowable surface cover (% area)
(a) Group I
(i) Wart Disease	Nil
(ii) Potato Cyst Nematode	Nil
(iii) Ring Rot	Nil
(iv) Brown Rot	Nil
(v) Potato Tuber Eelworm	Nil
(vi) PSTVd	Nil
(vii) Colorado Beetle	Nil
(viii) Dickeya	Nil
(b) Group II
(i) Rots (other than Ring Rot or Brown Rot)	0.5% (of which wet rot shall not exceed 0.2%)
(ii) Black Scurf	5%	10%
(iii) Common Scab	5%	33.3%
(iv) Powdery Scab	3%	10%
(v) Skin Spot	2%	12.5%
(vi) Shrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf	1%
(vii) External blemishes including misshapen or damaged tubers	3%
(viii) Earth and extraneous matter	1%
(ix) Total percentage of seed potatoes covered by tolerances in points (i) to (vii) in Group II	6%

Regulations 2(2), 10(5) and (7), 21(5) and Schedules 1 and 5

SCHEDULE 4 N.I. Union Grades: source material for planting, other requirements and tolerances for the growing crop and lots of seed potatoes

1.  In this Schedule— N.I.

(a) Table 1 sets out the applicable requirements as regards source material, other requirements and tolerances in respect of the grading of pre-basic seed potatoes as Union grade PBTC or Union grade PB; and

(b) Table 2 sets out the applicable requirements as regards source material, other requirements and tolerances in respect of the grading of basic seed potatoes as Union grade S, Union grade SE or Union grade E.

Table 1

Union grades for pre-basic seed potatoes

Column 1 Union grade	Column 2 Source material	Column 3 Other requirements	Column 4 Tolerances
PBTC	The seed potatoes shall be derived from nuclear stock or mother plants that are free from Blackleg, Dickeya, Leafroll, PVA, PVY and Potato viruses M, S and X	The seed potatoes shall be— (a) grown in a facility officially approved for the production of seed potatoes of Union grade PBTC; (b) produced through micro-propagation; (c) kept free, as far as is practicable from diseases and aphids by appropriate husbandry measures; and (d) the first generation of this stock	A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances— (a) conditions concerning seed potato crops: (i) deviations from variety – NIL; (ii) mosaic symptoms – NIL; (iii) Leafroll symptoms – NIL; (iv) Blackleg – NIL; (v) in the direct progeny virus infection shall not be present in the crop. (b) lots of seed potatoes shall be free from: (i) Rots (including Blight, Gangrene, Dry Rot and wet rot); (ii) Black Scurf; (iii) Common Scab; (iv) Powdery Scab; (v) Skin Spot; (vi) having become excessively shrivelled due to dehydration; (vii) external blemishes including misshapen or damaged tubers. (c) the presence of earth and extraneous matter in lots of seed potatoes shall not exceed 1% by mass.
PB	The seed potatoes shall derive from nuclear stock or mother plants that are free from Blackleg, Dickeya, Leafroll, PVA, PVY and Potato viruses M, S and X, up to a maximum of 3 field generations.		A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances— (a) conditions concerning seed potato crops: (i) deviations from variety and type – 0.01%; (ii) symptoms caused by mosaic, other than PVA and PVY – 0.1%; (iii) symptoms caused by PVA, PVY and Leafroll – NIL; (iv) Blackleg – NIL; (v) in the direct progeny the number of plants with symptoms caused by any virus shall not exceed 0.5%. (b) tolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases: (i) seed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.2% by mass; (ii) seed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 1% by mass; (iii) seed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass; (iv) seed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 1% by mass; (v) seed potatoes affected by Skin Spot shall not exceed 0.2% by mass; (vi) shrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf, shall not exceed 0.5% by mass; (vii) seed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass; (viii) the presence of earth and extraneous matter shall not exceed 1% by mass; and (ix) the total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass

Table 2

Union grades for basic seed potatoes

Column 1 Union grade	Column 2 Source material	Column 3 Tolerances
S	The seed potatoes shall be derived from stock— (a) where the grade is recorded either on a growing crop report or on an official label or official document as Union grade PBTC or Union grade PB in the year preceding the planting of the crop; (b) where the grade is recorded either on a growing crop report or on an official label or official document as Union grade S, up to a maximum of 4 generations (including pre-basic in the field and basic generations), in the year preceding the planting of the crop; or (c) such other seed potatoes as are notified in writing by the Department as being acceptable to the Department	A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances— (a) conditions concerning seed potato crops: (i) deviations from variety and type – 0.1%; (ii) symptoms caused by PVA, PVY and Leafroll – 0.02%; (iii) total percentage of symptoms caused by mosaic (including PVA and PVY) and Leafroll – 0.2%; (iv) Blackleg – 0.1%; (v) in the direct progeny the number of plants with symptoms of virus infection shall not exceed 1%. (b) tolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases: (i) seed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.5% by mass, of which wet rot shall not exceed 0.2%; (ii) seed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 5% by mass; (iii) seed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass; (iv) seed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 3% by mass; (v) seed potatoes affected by Skin Spot over more than 12.5% of their surface shall not exceed 2% by mass; (vi) shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf, shall not exceed 1% by mass; (vii) seed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass; (viii) the presence of earth and extraneous matter shall not exceed 1% by mass; and (ix) the total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass.
SE	The seed potatoes shall be derived from stock— (a) where the grade is recorded either on a growing crop report or on an official label or official document as Union grade PBTC or Union grade PB in the year preceding the planting of the crop; (b) where the grade is recorded either on a growing crop report or on an official label or official document as Union grade S or Union grade SE, up to a maximum of 5 generations (including pre-basic in the field and basic generations), in the year preceding the planting of the crop; or (c) such other seed potatoes as are notified in writing by the Department as being acceptable to the Department.	A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances— (a) conditions concerning seed potato crops: (i) deviations from variety and type – 0.1%; (ii) symptoms caused by PVA, PVY and Leafroll – 0.1%; (iii) total percentage of symptoms caused by mosaic (including PVA and PVY) and Leafroll – 0.5%; (iv) Blackleg – 0.5%; (v) in the direct progeny the number of plants with symptoms of virus infection shall not exceed 2%. (b) tolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases: (i) seed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.5% by mass, of which wet rot shall not exceed 0.2%; (ii) seed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 5% by mass; (iii) seed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass; (iv) seed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 3% by mass; (v) seed potatoes affected by Skin Spot over more than 12.5% of their surface shall not exceed 2% by mass; (vi) shrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf, shall not exceed 1% by mass; (vii) seed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass. (viii) the presence of earth and extraneous matter shall not exceed 1% by mass; and (ix) the total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass.
E	The seed potatoes shall be derived from stock— (a) where the grade is recorded either on a growing crop report or on an official label or official document as Union grade PBTC or Union grade PB in the year preceding the planting of the crop; (b) where the grade is recorded either on a growing crop report or on an official label or official document as Union grade S or Union grade SE, up to a maximum of 6 generations (including pre-basic in the field and basic generations), in the year preceding the planting of the crop; or (c) such other seed potatoes as are notified in writing by the Department as being acceptable to the Department.	A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances— (a) conditions concerning seed potato crops: (i) deviations from variety and type – 0.1%; (ii) symptoms caused by PVA, PVY and Leafroll – 0.4%; (iii) total percentage of symptoms caused by mosaic (including PVA and PVY) and Leafroll – 0.8%; (iv) Blackleg – 1%; (v) in the direct progeny the number of plants with symptoms of virus infection shall not exceed 4%; (b) tolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases: (i) seed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.5% by mass, of which wet rot shall not exceed 0.2%; (ii) seed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 5% by mass; (iii) seed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass; (iv) seed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 3% by mass; (v) seed potatoes affected by Skin Spot over more than 12.5% of their surface shall not exceed 2% by mass; (vi) shrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf, shall not exceed 1% by mass; (vii) seed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass; (viii) the presence of earth and extraneous matter shall not exceed 1% by mass; and (ix) the total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass.

Regulation 7

SCHEDULE 5 N.I. Authorisation for marketing seed potatoes for test or trial purposes

1.  On receipt of an application made in accordance with regulation 7, the Department shall— N.I.

(a) allocate to the person making the application a producer's identification number (where one does not already exist for that person);

(b) conduct an official examination of the seed potatoes in order to determine whether the seed potatoes satisfy the requirements for certification as basic seed potatoes in accordance with regulation 10; and

(c) subject to paragraph 3 and regulation 7, issue an authorisation to market seed potatoes for test or trial purposes.

2.  An authorisation shall state— N.I.

(a) the name and address of the applicant;

(b) the producer's identification number;

(c) the amount of seed potatoes for which marketing is authorised;

(d) the period for which marketing is authorised;

(e) the date on which the authorisation was issued;

(f) the proposed name of the variety of the seed potatoes.

3.  No authorisation shall be issued unless the Department is satisfied that— N.I.

(a) the seed potatoes are of a variety for which an application has been made under regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety concerned on to a National List and that application has not been withdrawn or finally determined;

(b) the land on which the seed potatoes are growing or were grown—

(i) is not land in respect of which a notice has been served under article 32(4) of the Plant Health Order with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and

(ii) is not land within a zone demarcated under article 38(7) of the Plant Health Order to prevent the spread of Brown Rot;

(c) the land on which the seed potatoes are growing—

(i) is land which as a result of a soil test carried out by the Department prior to the planting of the crop has been found not to be contaminated by Potato Cyst Nematode; and

(ii) is not demarcated under Schedule 15 to the Plant Health Order.

(d) the seed potatoes are taken from a crop of seed potatoes free from Potato Cyst Nematode, Wart Disease, Ring Rot and Brown Rot; and

(e) the seed potatoes fulfil the conditions for Union grade E specified in column 3 of Table 2 in Schedule 4.

Regulation 18(3)

SCHEDULE 6 N.I. Sampling procedures

1.  Where the bulk of seed potatoes to be sampled— N.I.

(a) comprises more than one consignment; or

(b) is associated with more than one growing crop report,

the seed potatoes shall be divided so that each consignment or, as the case may be, the quantity of seed potatoes associated with each growing crop report, constitutes a separate lot and each lot shall be separately sampled.

2.  Where the quantity of seed potatoes in a lot being sampled does not exceed 50 kilogrammes all the seed potatoes shall be examined. N.I.

3.  Where the quantity of the seed potatoes in a lot being sampled exceeds 50 kilogrammes, but does not exceed 5 tonnes, at least 5 per cent of the weight of the lot shall be selected at random, the sample so selected being not less than 50 kilogrammes. N.I.

4.  Where the quantity of the seed potatoes in a lot being sampled exceeds 5 tonnes, a sample of at least 250 kilogrammes shall be selected at random. N.I.