The Plant Health (Scotland) Amendment Order 2010

Article 10

SCHEDULE 1

Article 39(6) and (8)

“SCHEDULE 15 Special measures for the control of Potato Cyst Nematode

Sampling and testing

1.   The official soil test referred to in article 39(8) must involve a soil sample with the standard sampling rate of at least 1500 ml of soil per hectare.

2.   The standard sampling rate referred to in paragraph 1 may be reduced to the lower sampling rate of 400 ml of soil per hectare if—

(a) neither potatoes nor the plants listed in table A of Schedule 15A have been grown or been present in the sampling unit in the six years prior to the official soil test; or

(b) no Potato Cyst Nematode has been found during the last two successive official soil tests carried out at the standard sampling rate and no potatoes or plants listed in table A of Schedule 15A, other than those for which an official soil test is required, have been grown in the sampling unit after the first official soil test; or

(c) no Potato Cyst Nematode or dead cysts of Potato Cyst Nematode have been found in the most recent official soil test carried out at the standard sampling rate and no potatoes or plants listed in table A of Schedule 15A, other than those for which an official soil test is required, have been grown in the sampling unit since the last official soil test.

3.   The results of other official tests carried out before 1st July 2010 may be considered as official soil tests as referred to in paragraph 2(b) and (c).

4.   The standard and lower sampling rates referred to in paragraphs 1 and 2 may be further reduced as follows—

(a) in the case of the standard sampling rate, the first 8 hectares must be sampled at 1500 ml of soil per hectare, but may be reduced for each additional hectare to a minimum of 400 ml of soil per hectare; or

(b) in the case of the reduced sampling rate, the first 4 hectares must be sampled at 400 ml of soil per hectare, but may be further reduced for each additional hectare to a minimum of 200 ml of soil per hectare.

5.   The use of the lower and reduced sampling rates referred to in paragraphs 2 and 4 may be continued in subsequent official soil tests until Potato Cyst Nematode is found in the sampling unit concerned.

6.   The minimum size of the soil sample in all cases is 100 ml of soil per sampling unit.

Control Measures

7.   Following the official soil test referred to in article 39(8), an inspector must—

(a) serve a notice on the occupier or other person in charge of the premises officially recording that the sampling unit is infested with Potato Cyst Nematode; or

(b) officially record that no Potato Cyst Nematode was found in the sampling unit.

8.   Subject to paragraph 9, a notice under paragraph 7(a) officially recording that the sampling unit is infested with Potato Cyst Nematode must contain the following restrictions—

(a) no potatoes may be planted in the sampling unit;

(b) no plants listed in table A of Schedule 15A, intended for replanting, may be planted or stored in the sampling unit;

(c) no plants listed in table B of Schedule 15A, intended for replanting, may be planted in the sampling unit unless they are to be washed or brushed until practically free of soil so that there is, to the satisfaction of an inspector, no identifiable risk of Potato Cyst Nematode spreading; and

(d) no plants listed in table C of Schedule 15A may be planted in the sampling unit.

9.   In the case of sampling units that are officially recorded as infested with Potato Cyst Nematode, the planting of potatoes, not intended for the production of seed potatoes, may be authorised by an inspector by a notice in writing served on the occupier or other person in charge of the premises.

10.   Any notice served under paragraph 9 must be in accordance with the terms of the official control programme aimed at the suppression of Potato Cyst Nematode notified to the European Commission in accordance with Article 9(2) of Directive 2007/33/EC and published by Science and Advice for Scottish Agriculture, Edinburgh in May 2010.

11.   If any potatoes, or any of the plants listed in Schedule 15A, have been grown or stored in a sampling unit that is subsequently officially recorded as infested with Potato Cyst Nematode, or have been in contact with soil in which Potato Cyst Nematode has been found—

(a) in the case of seed potatoes and the plants listed in table A of Schedule 15A, these must not be planted unless they have been disinfested to the satisfaction of an inspector so that there is no risk of Potato Cyst Nematode spreading;

(b) in the case of plants listed in table B of Schedule 15A, these must not be planted unless they have been washed or brushed until practically free of soil so that there is no identifiable risk of Potato Cyst Nematode spreading; and

(c) in the case of plants listed in table C of Schedule 15A, these must not be planted.

12.   A notice under paragraph 7(a) or 9 may be revoked if, following a further official soil test, no Potato Cyst Nematode is found in the sampling unit after at least 6 years from—

(a) the date of the last official soil test confirming the presence of Potato Cyst Nematode; or

(b) the harvesting of the last potato crop in the sampling unit.”

Article 11

SCHEDULE 2

Article 39(8), (9)(b) and (10)

“SCHEDULE 15A Species to which controls apply

Table A

Host plants with roots:	Capsicum spp.,
	Lycopersicon lycopersicum (L.) Karsten ex Farw.,
	Solanum melongena L.

Table B

Other plants with roots:	Allium porrum L.,
	Beta vulgaris L.,
	Brasssica spp.,
	Fragaria L.,
	Asparagus officinalis L.

Table C

Bulbs, tubers and rhizomes, not washed or brushed until practically free of soil so that there is no identifiable risk of Potato Cyst Nematode spreading, grown in soil and intended for planting, other than those for which there shall be evidence by their packaging or by other means that they are intended for sale to final consumers not involved in professional plant or cut flower production:	Allium ascalonicum L.,
	Allium cepa L.,
	Dahlia spp.,
	Gladiolus Tourn. Ex L.,
	Hyacinthus spp.,
	Iris spp.,
	Lilium spp.,
	Narcissus L.,
	Tulipa L.”