The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

PART 6 S Measures for the control of Potato Ring Rot

Interpretation S

26.  In this Part of this schedule “ specified plant material” means tubers or plants of Solanum tuberosum L.

Commencement Information

I1 Sch. 2 para. 26 in force at 14.12.2019, see reg. 1(1)

Official surveys and testing S

27.—(1) The Scottish Ministers must ensure that systematic official surveys for Potato Ring Rot are carried out in Scotland on tubers of Solanum tuberosum L. and, where appropriate, on plants of Solanum tuberosum L.F1 ....

[F2 (1A) In the case of tubers of Solanum tuberosum L., those surveys must include official testing of samples of seed and other potatoes in accordance with EPPO PM 7/59.

(1B) In the case of plants of Solanum tuberosum L., those surveys must be carried out according to appropriate methods and include appropriate official testing of samples.

(1C) The collection of samples for the purposes of sub-paragraphs (1A) and (1B) must be based on sound scientific and statistical principles and the biology of Potato Ring Rot and take into account relevant potato production systems.]

(2) Where the presence of Potato Ring Rot in specified plant material is suspected, the Scottish Ministers must ensure that—

(a) official testing is carried out using the method set out in [F3 EPPO PM 7/59] to confirm or refute its presence,

(b) the following are retained and appropriately conserved pending completion of the official testing—

(i) all tubers sampled, and wherever possible, all plants sampled,

(ii) any remaining extract and additional preparation material for the screening tests,

(iii) all relevant documentation, and

(c) pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of Potato Ring Rot have been seen or symptoms of Potato Ring Rot have been identified by a positive immunofluorescence test or other appropriate positive test—

(i) the movement of all lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato Ring Rot spreading,

(ii) steps are taken to trace the origin of the suspected occurrence, and

(iii) additional appropriate precautionary measures based on the level of estimated risk to prevent any spread of the plant pest are taken.

(3) A notice under regulation 15 may contain measures for the purposes of sub-paragraph (2)(c)(i) to (iii).

Textual Amendments

F1 Words in sch. 2 para. 27(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(a)(i) (with reg. 32)

F2 Sch. 2 para. 27(1A)-(1C) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(a)(ii) (with reg. 32)

F3 Words in sch. 2 para. 27(2)(a) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(a)(iii) (with reg. 32)

Commencement Information

I2 Sch. 2 para. 27 in force at 14.12.2019, see reg. 1(1)

Measures to be taken following the confirmation of the presence of Potato Ring Rot S

28.—(1) If the presence of Potato Ring Rot is confirmed in a sample of specified plant material following official testing carried out pursuant to paragraph 27(2)(a) of this schedule or sub-paragraph (2), the Scottish Ministers must ensure that—

(a) the specified plant material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the specified plant material was harvested are designated as contaminated by a plant health inspector,

(b) a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under head (a), [F4 having regard to the following factors—

(i) the susceptible material grown at the contaminated place of production,

(ii) places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor,

(iii) the production or presence of other susceptible material at the contaminated place of production,

(iv) the premises handling potatoes from the contaminated place of production and the places of production mentioned in sub-head (ii),

(v) any object that may have come into contact with the contaminated susceptible material,

(vi) any susceptible material stored in, or in contact with, any object prior to its disinfection,

(vii) the susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material],

(c) a zone is demarcated by a plant health inspector on the basis of the designation made under head (a), taking into account the [F5 proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks].

[F6 (1A) When making a designation or determination under sub-paragraph (1), an inspector must have regard to sound scientific principles, the biology of Potato Ring Rot and relevant production, marketing and processing systems.]

(2) Where specified plant material has been designated as contaminated under sub-paragraph (1)(a), the Scottish Ministers must ensure that testing is carried out on potato stocks which are clonally related to that specified plant material in the manner specified in paragraph 27(2) of this schedule in order to determine the probable primary source of infection and the extent of the probable contamination.

(3) Any such testing must be carried out on as much specified plant material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.

(4) Where any specified plant material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be probably contaminated, the plant health inspector must designate that material or object as probably contaminated.

(5) Any designation by a plant health inspector under sub-paragraph (1)(a) or (4) must be made by notice served under regulation 15.

Textual Amendments

F4 Words in sch. 2 para. 28(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), 26(b)(i) (with reg. 32)

F5 Words in sch. 2 para. 28(1)(c) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(b)(ii) (with reg. 32)

F6 Sch. 2 para. 28(1A) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(b)(iii) (with reg. 32)

Commencement Information

I3 Sch. 2 para. 28 in force at 14.12.2019, see reg. 1(1)

Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot S

29.—(1) Where specified plant material is designated by a plant health inspector to be contaminated with Potato Ring Rot in accordance with paragraph 28(1)(a) of this schedule—

[F7 (a) a plant health inspector must serve a notice under regulation 15 requiring that no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that plant material to be planted, and

(b) the notice under regulation 15 must require that material to be disposed of in accordance with sub-paragraph (2)].

(2) Material can be required to be disposed of—

(a) by destruction, or

(b) by [F8 an officially approved disposal method that ensures that there is no identifiable risk of Potato Ring Rot spreading].

(3) Where specified plant material is designated by a plant health inspector to be probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that—

(a) no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that material to be planted, and

(b) the material must be used or disposed of [F9 in a manner that ensures that there is no identifiable risk of Potato Ring Rot spreading].

(4) Where any machinery, vehicle, vessel, store or any part of such machinery, vehicle, vessel or store, or any object (including packaging material) has been designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule or as probably contaminated in accordance with paragraph 28(4) of this schedule, a plant health inspector must serve a notice under regulation 15 requiring that it is—

(a) disposed of by destruction, or

(b) cleansed and disinfected, such that there is no identifiable risk of Potato Ring Rot spreading.

(5) Anything cleansed and disinfected in accordance with sub-paragraph (4)(b) is no longer to be treated as contaminated for the purposes of [F10 this Part].

Textual Amendments

F7 Sch. 2 para. 29(1)(a)(b) substituted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 21(3)

F8 Words in sch. 2 para. 29(2)(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), 26(c)(i) (with reg. 32)

F9 Words in sch. 2 para. 29(3)(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), 26(c)(ii) (with reg. 32)

F10 Words in sch. 2 para. 29(5) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(c)(iii) (with reg. 32)

Commencement Information

I4 Sch. 2 para. 29 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice (general) S

30.  Where a place of production has been designated as contaminated by a plant health inspector in accordance with paragraph 28(1)(a) of this schedule, the plant health inspector must serve a notice under regulation 15 which complies with the applicable requirements of paragraphs 31 to 35 of this schedule.

Commencement Information

I5 Sch. 2 para. 30 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to any field also designated as contaminated S

31.  Subject to paragraph 34(1) of this schedule, where a place of production is designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule must require that, with regard to any field at that place, which has also been so designated, the measures referred to in paragraph 32(1) or (3) of this schedule apply.

Commencement Information

I6 Sch. 2 para. 31 in force at 14.12.2019, see reg. 1(1)

Measures in relation to a contaminated place of production S

32.—(1) The measures referred to in paragraph 31 of this schedule are—

(a) from the date of the receipt of the notice and for at least three growing years from the start of the next growing year—

(i) such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot, and

(ii) that the following must not be planted—

(aa) tubers, plants or true seeds of potato,

(bb) naturally found host plants of Potato Ring Rot, and

(cc) crops for which there is a risk of Potato Ring Rot surviving or spreading,

(b) in the first potato 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 has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting, and that the harvested tubers are subjected to official testing using the method set out in [F11 EPPO PM 7/59], and

(c) in the potato cropping season which follows that referred to in head (b) and following an appropriate rotation cycle (which must be at least two years where potatoes are planted for seed production), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production.

(2) Where a plant health inspector serves a notice requiring the measures specified in sub-paragraph (1), the Scottish Ministers must ensure that an official survey is carried out in relation to the field in which potatoes mentioned in sub-paragraph (1)(c) are planted, in accordance with [F12 EPPO PM 7/59].

(3) The measures referred to in paragraph 31 of this schedule are—

(a) from the date of receipt of the notice and for four growing years from the start of the next growing year—

(i) such measures as may be required to eliminate volunteer potato plants and other naturally found host plants of Potato Ring Rot, and

(ii) that the field must be maintained in bare fallow, permanent pasture with frequent close cutting or intensive grazing, and

(b) in the first potato cropping season following the period referred to in head (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting, and that the harvested tubers are subjected to official testing using the method set out in [F13 EPPO PM 7/59].

Textual Amendments

F11 Words in sch. 2 para. 32(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), 26(d)(i) (with reg. 32)

F12 Words in sch. 2 para. 32(2) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(d)(ii) (with reg. 32)

F13 Words in sch. 2 para. 32(3)(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), 26(d)(iii) (with reg. 32)

Commencement Information

I7 Sch. 2 para. 32 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31 S

33.  Where a plant health inspector has designated a place of production as contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule must require that with regard to any fields at that place other than those referred to in paragraph 31 of this schedule—

(a) in the cases where a plant health inspector is satisfied that the risk of volunteer potato plants and other naturally-found host plants of Potato Ring Rot has been eliminated, that from the date of receipt of the notice until the end of the next consecutive growing year, the following must not be planted—

(i) tubers, plants or true seed of potato,

(ii) naturally found host plants of Potato Ring Rot, or

(iii) pre-basic seed potatoes or basic seed potatoes, except for the production of ware potatoes only,

(b) in the second growing year following the period referred to in sub-paragraph (a) that basic seed potatoes or pre-basic seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by a plant health inspector as contaminated in accordance with paragraph 28(1)(a) of this schedule, may be planted, for seed or ware production,

(c) for at least the third growing year following the period referred to in sub-paragraph (a), that basic seed potatoes or pre-basic seed potatoes grown under official control may be planted, for seed or ware production, and

(d) from the date of receipt of the notice for the growing years referred to in sub-paragraphs (a), (b) and (c), measures must be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot and that official testing be carried out on harvested tubers in each field using the method set out in [F14 EPPO PM 7/59].

Textual Amendments

F14 Words in sch. 2 para. 33(d) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(e) (with reg. 32)

Commencement Information

I8 Sch. 2 para. 33 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated S

34.—(1) Where a plant health inspector has designated a place of production as contaminated in accordance with paragraph 28(1)(a) of this schedule and a unit of protected crop production at that place has also been so designated and complete replacement of the growing medium is possible in that unit, the plant health inspector must serve a notice requiring that no person may plant in the unit any potato tubers, plants or true seeds without the written authority of a plant health inspector.

(2) A plant health inspector may not grant an authorisation under sub-paragraph (1) unless—

(a) all of the measures to eliminate Potato Ring Rot and to remove all host plants which are specified in a notice in relation to the place of production in which the unit of protected crop production is situated have been complied with,

(b) the growing medium in the unit has been completely changed, and

(c) the unit and all equipment used on the unit has been cleansed and disinfected to eliminate Potato Ring Rot and to remove all host plant material.

(3) The authorisation referred to in sub-paragraph (1) may require that where an authorisation is granted for potato production, production must be from basic seed potatoes and pre-basic seed potatoes or from mini-tubers or micro-plants derived from officially tested sources.

Commencement Information

I9 Sch. 2 para. 34 in force at 14.12.2019, see reg. 1(1)

Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting S

35.  Except where the Scottish Ministers have served a notice under paragraph 36(2) of this schedule, in cases where a place of production is designated by a plant health inspector to be contaminated in accordance with paragraph 28(1)(a) of this schedule, the notice referred to in paragraph 30 of this schedule may require that upon receipt of the notice and throughout the subsequent growing years up to and including the first potato cropping season permitted by paragraph 32(1)(b) or (3)(b) of this schedule, all machinery and storage facilities at the place of production which are used for potato production must be cleansed and disinfected as appropriate in accordance with paragraph 29(4)(b) of this schedule.

Commencement Information

I10 Sch. 2 para. 35 in force at 14.12.2019, see reg. 1(1)

Demarcated zone S

36.—(1) This paragraph applies where a plant health inspector has demarcated a zone pursuant to paragraph 28(1)(c) of this schedule.

(2) The plant health inspector may, by notice, specify—

(a) how long the zone is to remain demarcated, and

(b) the measures which apply in the demarcated zone.

(3) A notice under sub-paragraph (2)—

(a) must be in writing,

(b) must describe the extent of the demarcated zone,

(c) must specify the date on which each measure takes effect,

(d) must be published in a manner appropriate to bring it to the attention of the public, and

(e) may be amended, suspended or revoked, in whole or in part, by further notice.

(4) Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this Part of this schedule, except where the part which is outside the demarcated zone is not in Scotland.

(5) A notice published in accordance with sub-paragraph (3)(d) is to be treated as having been served on—

(a) any occupier or other person in charge of any premises within the demarcated zone, and

(b) any person who operates machinery or carries out any other activity in relation to the production of potatoes within the demarcated zone.

(6) A notice under sub-paragraph (2) must specify that—

(a) any machinery or storage facilities at premises within the demarcated zone which are used for potato production must be cleansed and disinfected in an appropriate manner so that there is no identifiable risk of Potato Ring Rot surviving or spreading,

(b) during the specified period—

(i) only pre-basic seed potatoes or basic seed potatoes or seed potatoes grown under official control may be planted, and

(ii) any seed potatoes grown in a place of production which is possibly contaminated must be officially tested after harvesting, and

(c) during the specified period—

(i) potatoes intended for planting must be handled separately from all other potatoes at premises within the zone, or

(ii) a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes.

(7) The plant health inspector must ensure that during the specified period—

(a) premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by a plant health inspector,

(b) an official survey is carried out in accordance with [F15 EPPO PM 7/59],

(c) a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.

(8) For the purposes of sub-paragraphs (6) and (7), the “specified period” means the period specified in the notice, which must be at least three growing seasons following the year in which the relevant zone was demarcated.

Textual Amendments

F15 Words in sch. 2 para. 36(7)(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), 26(f) (with reg. 32)

Commencement Information

I11 Sch. 2 para. 36 in force at 14.12.2019, see reg. 1(1)