Measures in relation to contaminated place of productionS
43.—(1) The measures referred to in paragraph 42 of this schedule are—
(a)from the date of the receipt of the notice and for at least four growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato or tomato plants as well as other host plants of R. solanacearum including solanaceous weeds as appropriate, and
(ii)that the following must not be planted—
(aa)potato tubers, plants and true seeds,
(bb)tomato plants and seeds,
(cc)taking account of the biology of R. solanacearum, other host plants and plants of species of Brassica for which there is a risk of R. solanacearum surviving, or
(dd)crops for which there is a risk of R. solanacearum spreading,
(b)in the first potato or tomato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field or unit of production has been found to be free, during official inspections, from volunteer potato and tomato plants and other host plants including solanaceous weeds for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants are subjected to official testing using the method set out in [F1EPPO PM 7/21], and
(c)in the potato or tomato cropping season which follows that referred to in head (b), that there must be an appropriate rotation cycle which must be at least two years where basic seed potatoes or pre-basic seed potatoes are planted.
(2) The measures referred to in paragraph 42 of this schedule are—
(a)from the date of receipt of the notice and for five growing years from the start of the next growing year—
(i)such measures as may be required to eliminate volunteer potato and tomato plants as well as other naturally found host plants of R. solanacearum including solanaceous weeds as appropriate, and
(ii)that the field or unit of production must be maintained during the first three growing years—
(aa)in bare fallow,
(bb)in cereals if the plant health inspector is satisfied that there is no identifiable risk of R solanacearum spreading,
(cc)in permanent pasture with frequent close cutting or intensive grazing, or
(dd)as grass for seed production,
followed by planting in the succeeding two growing years with non-host plants of R. solanacearum for which there is no identified risk of that organism surviving or spreading, and
(b)in the first potato or tomato cropping season which follows the period referred to in head (a), if potatoes are to be planted, that only basic seed potatoes and pre-basic seed potatotes may be planted, and only for seed or ware production in circumstances where—
(i)the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of R. solanacearum, for at least the two consecutive growing years prior to planting, and
(ii)that harvested tubers or tomato plants have been subjected to official testing using the method set out in [F2EPPO PM 7/21].
Textual Amendments
F1Words in sch. 2 para. 43(1)(b) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 27(d)(i) (with reg. 32)
F2Words in sch. 2 para. 43(2)(b)(ii) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 27(d)(ii) (with reg. 32)
Commencement Information
I1Sch. 2 para. 43 in force at 14.12.2019, see reg. 1(1)