The Seed Potatoes Regulations 1991

Regulations 2(1) and 7

SCHEDULE 1 CLASSIFICATION OF SEED POTATOES

PART I

1.  On receipt of an application for classification of any seed potatoes, an authorised officer shall allocate to the person making such application a number to be known as “producer’s identification number”.

2.  In order to determine the class into which seed potatoes should be placed the seed potatoes shall be examined by an authorised officer and such examination shall be known as an official examination. Subject to paragraph 3 of this Schedule the authorised officer shall issue a certificate stating the results of the examination.

3.  A certificate may be refused in respect of any seed potatoes where an authorised officer is not satisfied in respect of any of the following matters:–

(a) the seed potatoes are of a variety for the time being listed in the National List published in accordance with the Seeds (National Lists of Varieties) Regulations 1982(1) or in the Common Catalogue of varieties of seed potatoes published in the Official Journal of the European Communities and which has not been notified in writing by the Minister as being considered unacceptable for classification;

(b) the seed potatoes are or were grown and stored so as to minimise the risk of contamination by such harmful diseases or pests as notified in writing by the Minister from time to time;

(c) the land on which the seed potatoes are growing or were grown has not been declared to be land on which Wart Disease (Synchytrium endobioticum (Schilb.) Perc.) is present under article 15(4) of the Plant Health (Great Britain) Order 1987(2) and has not been deemed in terms of article 15(5) of that order to be part of a safety zone for the purpose of that order;

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

(e) roguing of the growing crop of the seed potatoes has been carried out and the growing crop has not been over-rogued;

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

PART II

4.  No basic seed potatoes certificate shall be issued by an authorised officer unless he is satisfied that–

(a) (i) the land on which the seed potatoes are growing or were grown is land in respect of which a certificate issued under article 32(1) of the Plant Health (Great Britain) Order 1987 was in force at the time of the planting of the crop; and if potato cyst nematode has been found on that land at any time during the period of twelve years immediately preceding the planting of the crop that–

(aa) six years have elapsed since the last positive finding; and

(bb) except under a licence issued under article 42 of the said Order, the land has not been used for growing potatoes at any time during a period of eleven years immediately preceding the planting of the crop; and

(ii) the land on which the seed potatoes are growing or were grown is land which has not been used for growing potatoes at any time during the period, in the case of a crop classified VTSC, of seven years, and in the case of all other crops, of five years, immediately preceding the planting of the crop;

(b) in the case of seed potatoes grown within the protected region only basic seed potatoes permitted to be planted within the protected region in accordance with article 22(3) of the Plant Health (Great Britain) Order 1987, are or were grown in the same agricultural unit in the same year in which the seed potatoes were grown;

(c) the seed potatoes have been produced from–

(i) basic or pre-basic seed potatoes; or

(ii) a crop grown with the authority of or in circumstances notified in writing as being acceptable to the Minister; or

(iii) seed potatoes grown elsewhere than in Great Britain and in respect of which an examination notified in writing as being acceptable to the Minister has been carried out;

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

(e) the seed potatoes are taken from a crop which is free from the following diseases or pests:–

• Wart Disease (Synchytrium endobioticum (Schilb.) Perc.)

• Potato Cyst Nematode, (Globodera species infesting potatoes)

• Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)

• Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)

• Potato Tuber Moth (Phthorimaea operculella (Zell.))

• Potato Spindle Tuber Viroid

• Colorado Beetle (Leptinotarsa decemlineata (Say))

• Potato Tuber Eelworm (Ditylenchus destructor (Thorne))

(f) the seed potatoes are taken from a crop which has been classified in accordance with the provisions of Schedule 3 and in which the presence of diseased potato plants and deviations from variety and type (rogues, undesirable variations, wildings and bolters) and ground-keepers is ascertained not to exceed the tolerances specified (in relation to the classes described) in Schedule 3.

5.  Seed potatoes shall not be classified as basic seed potatoes unless the immediately succeeding crop produced therefrom is likely to contain–

(a) not more than 0.25% by number of growing plants which deviate from variety and type of which not more than 0.1% shall deviate from variety; and

(b) not more than 4% by number of growing plants which show symptoms of either severe or mild virus diseases attributable to infection in the mother crop.

PART III

6.—(1) No certified seed potatoes certificate shall be issued by an authorised officer in the case of seed potatoes growing or grown in the protected region.

(2) No certified seed potatoes certificate shall be issued by an authorised officer in the case of seed potatoes growing or grown otherwise than in the protected region unless he is satisfied that in relation to the seed potatoes examined by him–

(a) (i) the land on which the seed potatoes are growing or were grown is land in respect of which a certificate issued under article 32(1) of the Plant Health (Great Britain) Order 1987 was in force at the time of the planting of the crop;

(ii) the land on which the seed potatoes are growing or were grown is land which has not at any time during the period of 4 years immediately preceeding the planting of that crop been used for growing potatoes;

(b) the seed potatoes have been produced from–

(i) basic seed potatoes; or

(ii) a crop grown with the authority of or in circumstances notified in writing as being acceptable to the Minister; or

(iii) seed potatoes grown elsewhere than in Great Britain and in respect of which an examination notified in writing as being acceptable to the Minister has been carried out;

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

(d) the seed potatoes are taken from a crop of seed potatoes free from the following diseases or pests:–

• Wart Disease (Synchytrium endobioticum (Schilb.) Perc.)

• Potato Cyst Nematode (Globodera species infesting potatoes)

• Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)

• Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)

• Potato Tuber Moth (Phthorimaea operculella (Zell.))

• Potato Spindle Tuber Viroid

• Colorado Beetle (Leptinotarsa decemlineata (Say))

• Potato Tuber Eelworm (Ditylenchus destructor Thorne)

and is ascertained not to be affected by any of the diseases specified in column 1 below in excess of the tolerances respectively set out opposite each of these diseases in columns 2 and 3 below:–

Column 1	Column 2	Column 3
Diseases	Individual or Group Tolerances	Collective Group Tolerances
leafroll and severe mosaic (including tobacco veinal necrosis virus infection)	2.0%	5.0%
mild mosaic	5.0%	5.0%
blackleg	2.0%

(e) the seed potatoes are taken from a crop which on a sample is ascertained to contain not more than 0.5% of deviations from variety and type (rogues, undesirable variations, wildings and bolters) or groundkeepers, of which not more than 0.2% shall deviate from variety.

7.  Seed potatoes shall not be classified as certified seed potatoes unless the immediately succeeding crop produced therefrom is likely to contain–

(a) not more than 0.5% by number of growing plants which deviate from variety and type of which not more than 0.2% shall deviate from variety; and

(b) not more than 10% by number of growing plants which show symptoms of severe virus diseases attributable to infection in the mother crop.

8.  All certified seed potatoes shall be classified in a class known as the CC class.

PART IV

9.  For the purposes of this Schedule and Schedule 3 any reference to tolerance in relation to potatoes comprised in a sample shall be construed as a reference to the proportion of the number of plants of potatoes so affected to the total number of plants in the sample expressed as a percentage.

10.  For the purposes of Schedules 1, 2 and 3 “agricultural unit” shall have the meaning assigned to that expression, in relation to England and Wales in section 109(2) of the Agriculture Act 1947(3) and in relation to Scotland in section 86(2) of the Agriculture (Scotland) Act 1948(4).

Regulation 2(1)

SCHEDULE 2 PARTICULARS TO BE SPECIFIED IN CERTIFICATE

• Name and address of the applicant

• Name of the agricultural unit on which the crop was grown

• Producer’s identification number

• Category and class

• Date on which the certificate was issued

• Variety of the crop classified

• Area of the crop classified

• Location (OS Field NO.) of the field on which the crop was grown

Regulations 2(1) and 7

SCHEDULE 3 CLASSIFICATION OF BASIC SEED POTATOES

1.  In the course of classification of any seed potatoes as basic seed potatoes an authorised officer may classify the potatoes as being potatoes of any of the classes specified in column 1 of paragraph 2 below where he is satisfied on a sample that the standards specified in relation to that class in column 2 of that paragraph have been met and that the tolerances specified in column 3 have not been exceeded in respect of these potatoes and shall state in the certificate the class in which the potatoes have been so classified.

2.  

Column 1	Column 2	Column 3
Class	Requirements	Tolerances
VTSC 1	the seed potatoes shall– (a) be grown in a crop extending to not less than 0.1 ha; (b) be grown in a crop planted with tubers derived from stem cuttings from officially selected and tested clones which were subsequently propagated under the supervision of an authorised officer for not more than 2 years; (c) have been kept free during the propagation period from potato viruses A, M, S, X, Y, leafroll and tobacco veinal necrosis virus or any other significant virus, and from witches' broom and blackleg; and from deviations of variety and type and groundkeepers; (d) have been grown during the said propagation period and entered for classification by a person whose facilities, test methods, planting arrangements and manner of keeping appropriate records in relation to production of seed potatoes are acceptable to the Minister; (e) have been grown during the propagation period and in the year entered for classification in land on an agricultural unit on which all potato crops were planted only with seed potatoes of the VTSC and SEI classes; (f) have been kept apart at all times during the said propagation period and in the year entered for classification from potatoes of a class lower than Super Elite 1.
VTSC 2	The seed potatoes shall be grown in a crop planted with tubers derived from stem cuttings from officially selected and tested clones which were subsequently propagated under the supervision of an authorised officer for not more than 3 years; or seed potatoes der ived from a stock which was classified as VTSC 1 in the year preceding the planting of the crop. Other requirements as in (a), (c), (d), (e) and (f) of Class VTSC 1.
Super Elite 1(Se1)	The seed potatoes shall be seed potatoes derived from a stock which was classified as VTSC1 or VTSC2 in the year preceding the planting of the crop.	(i) deviations from variety and type and groundkeepers–0.05%. (ii) severe mosaic (including tobacco veinal necrosis virus infection)–nil. (iii) leafroll–0.01% (iv) mild mosaic–0.05% (v) blackleg–0.25%
Super Elite 2 (SE2)	The seed potatoes shall be seed potatoes derived from a stock which was classified as SE1 in the year preceding the planting of the crop.	As for Class SE1 potatoes.
Super Elite 3 (SE3)	The seed potatoes shall be seed potatoes derived from a stock which was classified as SE2 in the year preceding the planting of the crop.	As for Class SE1 potatoes.
Elite 1 (E1)	The seed potatoes shall be seed potatoes derived from a stock of basic seed potatoes (other than class E1, E2 or E3 or AA) classified as such in the year preceding the planting of the crop, provided that any of the above seed potatoes may also be derived from seed potatoes classified under a scheme or other arrangements referred to in paragraph 4(c)(ii) or (iii) of Schedule 1 as being seed potatoes which could be entered for the production of further seed potatoes for classification.	(i) deviations from variety and type and groundkeepers–0.05%. (ii) leafroll and severe mosaic (including tobacco veinal necrosis virus infection)–0.1%. (iii) mile mosaic–0.5% (iv) blackleg–0.5%
Elite 2 (E2)	The seed potatoes shall be seed potatoes derived from a stock which was classified as E1 in the year preceding the planting of the crop.	As for Class E1 potatoes.
Elite 3 (E3)	The seed potatoes shall be seed potatoes derived from a stock which was classified as E2 in the year preceding the planting of the crop.	As for Class E1 potatoes.
AA	The seed potatoes shall be seed potatoes derived from a stock of basic seed potatoes (in the protected region other than AA) classified as such in the year preceding the planting of the crop, provided that any of the above seed potatoes may also be derived from seed potatoes classified under a scheme or other arrangements referred to in paragraph 4(c)(ii) of (iii) of Schedule 1 as being seed potatoes which could be entered for the production of further seed potatoes for classification.	(i) deviations from variety and type and groundkeepers–0.01%. (ii) leafroll–0.25%, severe mosaic–0.25% and tobacco veinal necrosis virus infection–0.25% subject to a combined tolerance of 0.25%. (iii) mild mosaic–1% (iv) blackleg–1%

Regulations 2(1), 11(2) and (3) and 12(1)

SCHEDULE 4

PART I OFFICIAL LABEL

1.  An official label affixed or to be affixed to a package or container of basic seed potatoes shall be predominantly white.

2.  An official label affixed or to be affixed to a package or container of certified seed potatoes shall be predominantly blue.

3.  An official label shall measure not less than 110mm 67mm and shall have printed on it the words–

• “EEC Rules and Standards”.

4.  An official label shall state the following particulars:–

• Member State

• Country of production

• Producer’s identification number

• Variety indicated at least in Roman characters

• Basic or certified seed potatoes

• Class

• Size

• Net weight

• Month and year of closing

PART II OFFICIAL DOCUMENT

5.  An official document inserted or to be inserted in a package or container of basic seed potatoes shall be predominantly white.

6.  An official document inserted or to be inserted in a package or container of certified seed potatoes shall be predominantly blue.

7.  An official document shall state the following particulars:–

• Producer’s identification number

• Variety

• Basic or certified seed potatoes

• Class

Regulations 2(1), 13(e), 19(1)(b) and (6)

SCHEDULE 5

PART I SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES – POTATOES (OTHER THAN VTSC CLASS) PRODUCED IN GREAT BRITAIN

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, demage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I
Wart disease (Synchytrium endobioticum (Schilb.) Perc.)	NIL	—	—
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	NIL	—	—
Potato Cyst Nematode (Globodera species infesting potatoes)	NIL	—	—
Ring Rot (Clavibacter michiganensis (Smith) David et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)	NIL	—	—
Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)	NIL	—	—
Potato Tuber Moth (Phthorimaea operculella (Zwll.)	NIL	—	—
Potato Spincle Tuber Viroid	NIL	—	—
Colorado Beetle (Leptinotarsa decemlineata (Say))	NIL	—	—
GROUP II
Blight (Phylophthora infestans (Mont.) de Barry)	1.0%	1.0%	4.0%
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp atroseptica Hellmers & Dowson) Dye)	1.0%	1.0%	4.0%
Soft Rots including: Watery Wound rot (Pythium ultimum Trow)	1.0%	1.0%	4.0%
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	1.0%	1.0%	4.0%
Dry Rot (Fusarium species	1.0%	1.0%	4.0%
Gangrene (Phoma species)	1.0%	1.0%	4.0%
Frost damaged tubers	1.0%	1.0%	4.0%
GROUP III
Skin Spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	2.0%	4.0%	4.0%
Powdery Scab (Spongospora subterranea (Wallr.) Lageth.)	3.0%	4.0%	4.0%
GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	3.0%	4.0%	4.0%
Common Scab (Streptomyces species	4.0%	4.0%	4.0%
GROUP V
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	2.0%	2.0%	4.0%
GROUP VI
Dirt or other extraneous matter	1.0%	1.0%	—

PART II SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES—VTSC CLASS PRODUCED IN GREAT BRITAIN

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, demage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I
Wart disease (Synchytrium endobioticum (Schilb.) Perc.)	NIL	—	—
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	NIL	—	—
Potato Cyst Nematode (Globodera species infesting potatoes)	NIL	—	—
Ring Rot (Clavibacter michiganensis (Smith) David et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)	NIL	—	—
Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)	NIL	—	—
Potato Tuber Moth (Phthorimaea operculella (Zwll.)	NIL	—	—
Potato Spincle Tuber Viroid	NIL	—	—
Colorado Beetle (Leptinotarsa decemlineata (Say))	NIL	—	—
GROUP II
Blight (Phylophthora infestans (Mont.) de Barry)	0.5%	1.0%	4.0%
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp atroseptica (Hellmers & Dowson) Dye)	NIL	1.0%	4.0%
Soft Rots including: Watery Wound rot (Pythium ultimum Trow)	0.5%	1.0%	4.0%
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	0.5%	1.0%	4.0%
Dry Rot (Fusarium species	0.5%	1.0%	4.0%
Gangrene (Phoma species)	0.5%	1.0%	4.0%
Frost damaged tubers	0.5%	1.0%	4.0%
GROUP III
Skin Spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.5%	3.0%	4.0%
GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	1.5%	3.0%	4.0%
Common Scab (Streptomyces species	3.0%	3.0%	4.0%
GROUP V
Powdery Scab (Spongospora subterranea (Wallr.) Lageth.)	1.5%	3.0%	4.0%
GROUP VI
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	2.0%	2.0%	4.0%
GROUP VII
Dirt or other extraneous matter	1.0%	1.0%	—

PART III SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES—POTATOES PRODUCED OUTSIDE GREAT BRITAIN

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, demage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I
Wart disease (Synchytrium endobioticum (Schilb.) Perc.)	NIL	—	—
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	NIL	—	—
Potato Cyst Nematode (Globodera species infesting potatoes)	NIL	—	—
Ring Rot (Clavibacter michiganensis (Smith) David et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)	NIL	—	—
Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)	NIL	—	—
Potato Tuber Moth (Phthorimaea operculella (Zwll.)	NIL	—	—
Potato Spincle Tuber Viroid	NIL	—	—
Colorado Beetle (Leptinotarsa decemlineata (Say))	NIL	—	—
GROUP II
Blight (Phylophthora infestans (Mont.) de Barry)	1.0%	1.0%	6.0%
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp atroseptica (Hellmers & Dowson) Dye)	1.0%	1.0%	6.0%
Soft Rots including: Watery Wound rot (Pythium ultimum Trow)	1.0%	1.0%	6.0%
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	1.0%	1.0%	6.0%
Dry Rot (Fusarium species	1.0%	1.0%	6.0%
Gangrene (Phoma species)	1.0%	1.0%	6.0%
GROUP III
Common Scab (Streptomyces species	5.0%	5.0%	6.0%
GROUP IV
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	3.0%	3.0%	6.0%
GROUP V
Dirt or other extraneous matter	2.0%	2.0%	—

Regulations 15, 16(a) and (b)

SCHEDULE 6 PARTICULARS TO BE SPECIFIED IN A SALE NOTE, ETC.

• Name and address of the seller

• Net weight

• Variety

• Basic or certified seed potatoes

• Class

• Size

• Producer’s identification number

• Particulars of any chemical treatment

Regulation 18(3)

SCHEDULE 7 SAMPLING

1.  If the bulk consists of seed potatoes (a) comprising more than one consignment, or (b) associated with more than one certificate in accordance with these Regulations, it shall be divided so that each consignment or, as the case may be, the quantity of potatoes associated with each such certificate constitutes a separate lot and each lot shall be separately sampled.

2.  Where the total quantity of seed potatoes being sampled separately does not exceed 50kg all the potatoes shall be examined.

3.  Where the said total quantity exceeds 50kg there shall be examined all the seed potatoes in a sample, the said sample being selected as follows:–

(a) seed potatoes packed in packages or containers (other than sacks or bags) of 50kg or less or in sacks and bags from lots not exceeding 5 tonnes at least one package or container in twenty shall be selected at random, the sample so selected being not less than 50kg; from lots exceeding 5 tonnes a sample of at least 250kg shall be selected at random;

(b) seed potatoes packed in packages or containers (other than sacks or bags) of more than 50kg or unpacked from lots not exceeding 5 tonnes at least one-twentieth of the weight of the lot shall be selected at random, the sample to be selected being not less than 50kg; from lots exceeding 5 tonnes a sample of at least 250kg shall be selected at random.

Regulation 19(2)

SCHEDULE 8 MEASURES TO PREVENT SPREAD OF SPECIFIED DISEASES OR PESTS BY MEANS OF SEED POTATOES

(a)

the dressing or redressing of the seed potatoes;

(b)

the replacing of the seed potatoes in a different package or container;

(c)

the destruction of any packages or containers which appear to have been in contact with seed potatoes affected by any specified disease;

(d)

the destruction of such potatoes as are specified in the notice;

(e)

the cleaning and disinfection of such premises and equipment as are specified in the notice;

(f)

the disinfection of such potatoes as are specified in the notice and as are on such premises as may be specified.

(1)

S.I. 1982/844, amended by S.I. 1985/1529, 1989/1314 and 1990/1353.

(2)

S.I. 1987/1758, to which there are amendments not relevant to these Regulations.

(3)

1947 c. 48.

(4)

1948 c. 45.