2015 No. 1953
The Seed Potatoes (England) Regulations 2015
Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1) to (5) and 36 of the Plant Varieties and Seeds Act 19641.
The Secretary of State has consulted with representatives of such interests as appear to the Secretary of State to be concerned with the following Regulations in accordance with section 16(1) of that Act.
Citation, commencement and application1
1
These Regulations may be cited as the Seed Potatoes (England) Regulations 2015 and come into force on 1st January 2016.
2
They apply to England only.
3
They do not apply to seed potatoes intended for export from England to any country outside F52Great Britain.
Interpretation: general2
1
In these Regulations—
“the Act” means the Plant Varieties and Seeds Act 1964;
“authorised officer” means an officer of the Secretary of State or a person authorised by the Secretary of State for any purpose in connection with these Regulations;
“basic seed potatoes” means—
- a
in relation to seed potatoes produced in England, seed potatoes intended mainly for the production of certified seed potatoes and which have been certified as basic seed potatoes in accordance with regulation 10;
- b
in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official labelF37, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—
- i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 2, 5, 7, 9, 10 and 11 of Part 1 of Schedule 2;
- i
- a
“category” means the category of pre-basic seed potatoes, basic seed potatoes or certified seed potatoes F38...;
“certification” (and “certified” is to be construed accordingly) means—
- a
F39in relation to seed potatoes produced in England, certification in accordance with regulation 10; and
- b
F39in relation to seed potatoes produced outside England, certification by the Certification Authority F40in accordance with—
- i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 10(2) and (3);
- i
- a
“Certification Authority” means the authority concerned with the certification of seed potatoes in the country or territory where the seed potatoes were produced;
“certified seed potatoes” means—
- a
F41in relation to seed potatoes produced in England, seed potatoes intended mainly for the production of potatoes other than seed potatoes and which have been certified (as certified seed potatoes) in accordance with regulation 10;
- b
F41in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official label F42, stating that the potatoes were certified as certified seed potatoes and the grade, in accordance with—
- i
in the case of seed potatoes produced in Wales, Part 1 of Schedule 2 of the Seed Potatoes (Wales) Regulations 2016 ;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 3, 5, 7, 9, 10 and 11 of Schedule 2;
- i
- a
“Common Catalogue” means the common catalogue of varieties of species of agricultural plants published in the Official Journal of the European Union;
F43“country granted equivalence” means a country that has been assessed by the Secretary of State that seed potatoes from that country are produced under conditions equivalent to the requirements of these Regulations;
“Crown Dependency” means the Isle of Man and any of the Channel Islands;
“equivalent grade” means—
- (a)
for Northern Ireland, an equivalent Union grade;
- (b)
for a Crown Dependency or a country granted equivalence, a grade recognised by the Secretary of State as being equivalent to a GB grade;
- (a)
“equivalent Union grade” means—
- a
for “ GB grade PBTC”, “Union grade PBTC”;
- b
for “GB grade PB”, “Union grade PB”;
- c
for “GB grade S”, “Union grade S”;
- d
for “GB grade SE”, “Union grade SE”;
- e
for “GB grade E”, “Union grade E”;
- f
for “GB grade A”, “Union grade A”;
- g
for “GB grade B”, “Union grade B”;
- a
“GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;
“genetically modified” has the same meaning as in the Deliberate Release Directive;
F44“the GMO regulations” means—
- a
in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ;
- b
in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;
- c
in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;
- d
in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;
- a
F45“grade” includes the GB grade;
“growing crop certificate” means a growing crop certificate issued by the Secretary of State in accordance with Schedule 1;
“lot” means a consignment or an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 17;
“marketing” means—
- a
F46selling, holding with a view to sale or offering for sale, or
- b
F46any disposal, supply or transfer for the purpose of commercial exploitation of seed potatoes to third parties,
whether or not for consideration, and for these purposes “commercial exploitation” is not to be taken to include the supply of seed potatoes to official testing and inspection bodies, or the supply of seed potatoes to any person for the purpose of processing or packaging them provided that person does not acquire title to the seed potatoes supplied, and “market” and “marketed” are to be construed accordingly;
- a
F118...
“National Lists Regulations” means the Seeds (National Lists of Varieties) Regulations 20013;
F8“the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;
“official document” means—
- a
F47for seed potatoes produced in England, a document issued or approved by the Secretary of State which meets the requirements of Part 2 of Schedule 2;
- b
F47for seed potatoes produced outside England, a document issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced which meets the F48requirements of—
- i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 2 of Schedule 2;
- i
- a
“official examination” means an examination or inspection conducted by an authorised officer, including one conducted by way of sample;
“official label” means—
- a
F49for seed potatoes produced in England, a label issued or approved by the Secretary of State, which has not been previously used and which meets the requirements of Part 1 of Schedule 2;
- b
F49for seed potatoes produced outside England, a label issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced, which meets, as appropriate to the seed potatoes to which the label relates, the F50requirements of—
- i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 1 of Schedule 2;
- i
- a
“package or container” means—
- a
F51any package which has not been previously used for any purpose and is capable of being closed and sealed; or
- b
F51any container which has not been previously used for any purpose or which, since having been previously used, has been cleaned and disinfected, provided that the use of any container in respect of seed potatoes produced in England is subject to the approval of the Secretary of State;
- a
“potato” means any tuber or part of a tuber or any plant or part of a plant of Solanum tuberosum L or other tuber-forming species or hybrids of Solanum;
“pre-basic seed potatoes” means—
- a
F53in relation to seed potatoes produced in England, seed potatoes intended mainly for the production of basic seed potatoes and which have been certified as pre-basic seed potatoes in accordance with regulation 10;
- b
F53in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official label F54, stating that the potatoes were certified as pre-basic seed potatoes and the grade, in accordance with—
- i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 1, 5, 6, 9, 10 and 11 of Part 1 of Schedule 2;
- i
- a
“protected region” means the county of Cumbria (excluding the districts of Barrow-in-Furness and South Lakeland) and the county of Northumberland (excluding the districts of Blyth Valley and Wansbeck);
“seed potatoes” means—
F56“seed potatoes of a conservation variety” means any variety of seed potatoes listed as a conservation variety in the GB Variety List;
F122“seed potatoes produced outside England” means—
- a
seed potatoes produced in any part of the British Islands other than England; or
- b
seed potatoes produced in a country granted equivalence;
- a
F57“the seed potatoes regulations” means—
- a
in relation to Wales, the Seed Potatoes (Wales) Regulations 2016;
- b
in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015;
- c
in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016;
- a
and “the relevant seed potatoes regulations”, in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part;
“test and trial seed potatoes” means—
- a
F58in relation to seed potatoes produced in England, seed potatoes which have been authorised by the Secretary of State in accordance with regulation 9;
- b
F58in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container which bears an official label in F59accordance with—
- i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 4, 5, 8, 9, 10 and 11(c) of Part 1 of Schedule 2;
- i
- a
F60“Union grade” means, in relation to seed potatoes produced in Northern Ireland—
- a
in the case of pre-basic seed potatoes, Union grade PBTC or Union grade PB, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Directive 2014/21/EU;
- b
in the case of basic seed potatoes, Union grade S or Union grade SE of Union Grade E, the minimum conditions for which are set out in Article 1 of, and the Annex 1 to, Directive 2014/20/EU;
- c
in the case of certified seed potatoes, Union grade A or Union grade B, the minimum conditions for which are set out in Article 2 of, and the Annex 2 to, Directive 2014/20/EU;
- a
F61“GB grade” means—
- a
in relation to seed potatoes produced in England, the GB grade determined in accordance with Schedule 4 during certification, this being—
- i
in the case of pre-basic seed potatoes, GB grade PBTC or GB grade PB;
- ii
in the case of basic seed potatoes, GB grade S, GB grade SE or GB grade E;
- iii
in the case of certified seed potatoes, GB grade A or GB grade B;
- i
- b
in relation to seed potatoes produced in Scotland or Wales, GB grade determined in accordance with the relevant seed potatoes regulations;
- a
F622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Any reference in these Regulations to a tolerance in relation to seed potatoes comprised in a sample is to be construed—
a
in relation to a tolerance for any disease or pest, damage and defect specified in Schedule 3, as a reference to the proportion of the weight of seed potatoes in the sample affected by the disease or pest, damage and defect, or any combination of such disease or pest, damage and defect, in relation to the total weight of the sample, expressed as a percentage;
b
in relation to a tolerance for dirt or other extraneous matter specified in Schedule 3, as a reference to the proportion of the weight of such matter in relation to the total weight of the sample, expressed as a percentage;
c
in relation to a tolerance for a deviation or disease specified in the tables in Schedule 4, as a reference to the number of plants of seed potatoes affected by the deviation or disease in relation to the total number of plants in the sample, expressed as a percentage.
F634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation: European instruments3
In these Regulations—
“the Decision” means Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted5F4, as last amended by Commission Implementing Decision (EU) 2016/320;
“the Deliberate Release Directive” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms6;
“the Directive” means Council Directive 2002/56/EC on the marketing of seed potatoes7F5, as last amended by Commission Implementing Directive (EU) 2016/317;
“Directive 2008/62/EC” means Commission Directive 2008/62/EC providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties8;
“Directive 2014/20/EU” means Commission Implementing Directive 2014/20/EU determining Union grades of basic and certified seed potatoes, and the conditions and designations applicable to such grades9;
F32“Directive 2014/21/EU” means Commission Implementing Directive 2014/21/EU determining minimum conditions and Union Grades for pre-basic seed potatoes;
“the Food and Feed Regulation” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed11.
Marketing of seed potatoes4
1
No person may market any seed potatoes other than—
a
pre-basic seed potatoes;
b
basic seed potatoes;
c
certified seed potatoes;
d
scientific and selection seed potatoes; or
e
test and trial seed potatoes.
2
No person may market any seed potatoes treated with a product which is produced primarily as an application for inhibiting germination.
3
In this regulation, “scientific and selection seed potatoes” means—
a
in relation to seed potatoes produced in England, seed potatoes which have been authorised by the Secretary of State for marketing in accordance with regulation 8;
b
in relation to seed potatoes produced outside England, seed potatoes which have been authorised by the Certification Authority in the country or territory where the potatoes were produced for marketing in F64accordance with—
i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 8.
Marketing of conservation varieties5
1
No person may market seed potatoes of a conservation variety unless—
a
the variety is listed in the F67GB Variety List of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations; and
b
those seed potatoes have been produced in the United Kingdom.
2
A person proposing to produce seed potatoes of a conservation variety must, before doing so, supply the Secretary of State, in such manner and form as the Secretary of State requires, with details in writing of the size and location of the area to be used to produce that seed.
3
F66Where the quantities specified in Article 14 of Directive 2008/62/EC would otherwise be likely to be exceeded, the Secretary of State may specify the maximum amount of seed potatoes of a conservation variety that may be marketed in any given production season, and may specify different maximum amounts for different persons or classes of persons.
F653A
For the purposes of paragraph (3), Article 14 of Directive 2008/62/EC is to be read as if—
a
in the first paragraph, in the first sentence—
i
the words “Each Member State shall ensure that” were omitted;
ii
for the words “does not exceed” there were substituted “
may not exceed
”
;
iii
for the reference to “that Member State” there were substituted “
Great Britain
”
;
b
in the second paragraph—
i
in the first sentence, for the reference to “each Member State” there were substituted “
Great Britain
”
;
ii
for the references to “the Member State” in both places there were substituted “
Great Britain
”
.
4
The amount of seed potatoes of a conservation variety marketed by a person must not exceed any maximum amount specified under paragraph (3) in relation to that person.
5
Any person marketing seed potatoes of a conservation variety must supply the Secretary of State, if requested to do so in writing, with written details of the amount and variety of the seed potatoes placed on the market during each production season.
Marketing in the protected region6
F681
No person may market any seed potatoes within the protected region other than—
a
pre-basic seed potatoes;
b
for seed potato production, basic seed potatoes, the grade for which fulfil the conditions for—
i
ii
“Union grade SE F74, Northern Ireland,” as set out in points 2(a)(ii) to (v) and 2(b)(i) to (iv) of Annex I to Directive 2014/20/EU;
F71iii
“GB grade S” or “GB grade SE” as set out in—
aa
for England, Part 2 of Schedule 4;
bb
for elsewhere in Great Britain, the relevant seed potatoes regulations; or
cc
for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.
c
for potato production, basic seed potatoes, the grade for which fulfil the conditions for—
i
“Union grade S F75, for Northern Ireland,” as set out in points 1(a)(ii) to (v) and points 1(b)(i) to (iv) of Annex I to Directive 2014/20/EU;
ii
“Union grade SE F72, for Northern Ireland,” as set out in points 2(a)(ii) to (v) and points 2(b)(i) to (iv) of Annex I to Directive 2014/20/EU; or
iii
“Union grade E F76, for Northern Ireland,” as set out in points 3(a)(ii) to (v) and points 3(b)(i) to (iv) of Annex I to Directive 2014/20/EU.
F73iv
“GB grade S”, “GB grade SE” or “GB grade E” as set out in—
aa
for England, Part 2 of Schedule 4;
bb
for elsewhere in Great Britain, the relevant seed potatoes regulations; or
cc
for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.
Size of seed potatoes7
1
No person may market any seed potatoes other than pre-basic seed potatoes of grade PBTC unless the tubers have a minimum size such that they do not pass through a square mesh of 25 millimetres x 25 millimetres.
2
No person may market any seed potatoes in a lot in which the maximum variation in size between tubers is such that the difference between the lower size limit and the upper size limit exceeds 25 millimetres.
3
The requirements of paragraph (2) are to be treated as being met provided that no more than 3% of the total weight of tubers in the lot consist of—
a
tubers which are smaller than the lower size limit; or
b
tubers which are larger than the upper size limit.
4
Where the size of seed potatoes is required to be stated in accordance with these Regulations, the following must be stated—
a
where the lower size limit and the upper size limit are the same, the dimensions of the square mesh through which the tubers do not pass;
b
where they are not the same, the lower size limit and the upper size limit.
5
For the purposes of paragraph (4), dimensions of more than 35 millimetres must be stated to the nearest 5 millimetres.
6
For the purposes of this regulation—
a
“the lower size limit” means the dimensions of the largest square mesh through which the smallest tuber does not pass;
b
“the upper size limit” means the dimensions of the largest square mesh through which the largest tuber does not pass.
Marketing of seed potatoes for scientific purposes or selection work8
1
The Secretary of State may authorise marketing of small quantities of seed potatoes for scientific purposes or selection work in accordance with this regulation.
2
The Secretary of State may not authorise marketing of seed potatoes which contain any genetically modified material unless an authorisation is in force under
F77a
the Food and Feed Regulation;
b
the GMO regulations; or
c
before IP completion day, Part C of the Deliberate Release Directive
3
An application for authorisation to market seed potatoes in accordance with paragraph (1) must be made in writing to the Secretary of State and must be accompanied by such information as the Secretary of State may require.
Marketing of seed potatoes for test and trial purposes9
1
The Secretary of State may authorise marketing of seed potatoes for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of potato species in accordance with this regulation and Schedule 5.
2
The Secretary of State may not authorise marketing—
a
of an amount of seed potatoes F78which exceeds the greater of 0.1% of the annual number of seed potatoes used in Great Britain and such quantity as the Secretary of State considers is sufficient to sow 10 hectares;
b
of seed potatoes which contain any genetically modified material unless that material is authorised under
F79i
the Food and Feed Regulation;
ii
the GMO regulations; or
iii
before IP completion day, Part C of the Deliberate Release Directive
3
An application for authorisation or renewal of authorisation to market seed potatoes in accordance with paragraph (1) must be made in writing to the Secretary of State and must be accompanied by such information as the Secretary of State may require.
4
Authorisation given in accordance with paragraph (1), or the renewal of such authorisation, is for a period of one year or such shorter period as the Secretary of State may specify.
5
In authorising marketing in accordance with paragraph (1), the Secretary of State may impose such conditions as the Secretary of State thinks necessary or desirable having regard to the nature of the tests or trials and the nature of the seed potatoes to which the application relates, including a condition relating to the keeping of records in respect of the marketing of the seed potatoes.
6
Authorisation given in accordance with paragraph (1) ceases to have effect where—
a
the application referred to in paragraph (3)(a) of Schedule 5 is withdrawn or rejected in accordance with the National Lists Regulations; or
b
the variety of potato species to which the authorisation relates is entered in a F80GB Variety List.
7
The Secretary of State may withdraw authorisation given in accordance with paragraph (1) where there is a breach of any condition referred to in paragraph (5).
8
The Secretary of State may require the person to whom authorisation has been given in accordance with paragraph (1) to provide information about—
a
the results of the tests or trials to which the authorisation relates;
b
the quantities of seed potatoes marketed during the authorised period and the name of the F81country in which the seed potatoes are intended to be marketed.
Certification of seed potatoes10
1
Certification of seed potatoes produced in England must be in accordance with this regulation.
2
If the requirements of paragraph (3) are satisfied, an authorised officer must certify seed potatoes produced in England as being—
a
pre-basic seed potatoes;
b
basic seed potatoes; or
c
certified seed potatoes.
3
The requirements are that—
a
a growing crop certificate has been issued in relation to the seed potatoes; and
b
on official examination the seed potatoes have been found not to exceed any of the tolerances for diseases or pests, damage or defects specified in the relevant provisions of Schedule 3.
4
An application for certification of seed potatoes produced in England must be made in writing to the Secretary of State and must be accompanied by such information as the Secretary of State may require.
5
For the purposes of paragraph (2), an official label issued in accordance with these Regulations in relation to pre-basic seed potatoes, basic seed potatoes or certified seed potatoes is sufficient evidence that an authorised officer has certified the seed potatoes to which the official label relates as being pre-basic seed potatoes, basic seed potatoes or certified seed potatoes, as the case may be.
Composition of lots of seed potatoes11
1
No person may market pre-basic seed potatoes, basic seed potatoes or certified seed potatoes otherwise than in a lot consisting wholly of seed potatoes of—
a
one category;
b
one variety; and
c
one grade.
2
No person may market test and trial seed potatoes otherwise than in a lot consisting wholly of seed potatoes of one variety.
3
For the purposes of this regulation, a lot of seed potatoes is to be treated as if it consists wholly of one variety provided that—
a
in relation to seed potatoes produced in England, the number of seed potatoes in the lot which are not true to variety or are of a different variety in relation to the total number of seed potatoes in the lot—
i
in the case of pre-basic seed potatoes, is no more than 0.01%;
ii
in the case of basic seed potatoes, is no more than 0.1%;
iii
in the case of certified seed potatoes or test and trial seed potatoes, is no more than 0.2%;
b
in relation to seed potatoes produced outside England, the lot is sufficiently homogeneous in accordance with the standards imposed by the Certification Authority F82, in respect of the marketing of potatoes of that category, pursuant to—
i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a),
Packages and containers for seed potatoes12
Subject to regulation 18, no person may market any seed potatoes otherwise than in a package or container.
Labelling of packages and containers of seed potatoes13
1
Subject to regulation 18, no person may market, other than in a properly labelled package or container—
a
pre-basic seed potatoes;
b
basic seed potatoes;
c
certified seed potatoes; or
d
test and trial seed potatoes.
2
For the purposes of this regulation, a properly labelled package or container means a package or container that—
a
has affixed to the outside an official label; and
b
subject to paragraph (3), contains an official document.
3
Paragraph (2)(b) does not apply where—
a
the particulars specified in paragraph 16 of Schedule 2 are indelibly printed on the package or container; or
b
the official label is of an adhesive or wear and tear resistant material.
4
An application to the Secretary of State for an official label or official document must be made in writing and must be accompanied by such information as the Secretary of State may require.
5
The Secretary of State may only issue an official label or official document if satisfied that—
a
the seed potatoes are pre-basic seed potatoes, basic seed potatoes, certified seed potatoes or test and trial seed potatoes;
b
the seed potatoes comply with the minimum size requirements specified in regulation 7 and that the maximum variation in size between tubers does not exceed that specified in regulation 7;
c
the seed potatoes are contained in a package or container;
d
the seed potatoes have not been treated with a product which is produced primarily as an application for inhibiting germination;
e
the seed potatoes have been harvested, stored, transported and handled so as to minimise the risk of contamination by any of the diseases or pests specified in Schedule 3;
f
on a sample taken in accordance with regulation 19, the seed potatoes do not exceed any of the tolerances for diseases or pests, damage or defects specified in the appropriate Part of Schedule 3; and
g
there has been no other failure to comply with these Regulations in respect of any of the seed potatoes.
6
If a package or container has been re-sealed by an authorised officer in accordance with regulation 14(3), the official label must state—
a
that the package or container has been so re-sealed;
b
the date of re-sealing; and
c
the name of the authorised officer responsible for re-sealing.
7
Where any pre-basic seed potatoes, basic seed potatoes, certified seed potatoes or test and trial seed potatoes have been treated with any chemical product, the type and function or the proprietary name of that product must be—
a
stated on a label affixed to the package or container; and
b
either—
i
stated on a document contained in the package or container; or
ii
indelibly printed on the package or container.
8
For the purposes of section 16(7)(a) of the Act, information relating to a variety of seed potatoes contained in a statutory statement is not held to be false in a material particular by reason only that it is false—
a
in the case of pre-basic seed potatoes, in respect of no more than 0.01% of the seed potatoes;
b
in the case of basic seed potatoes, in respect of no more than 0.1% of the seed potatoes;
c
in the case of certified seed potatoes and test and trial seed potatoes, in respect of no more than 0.2% of the seed potatoes.
9
No person may, in connection with the marketing or the preparation for the marketing of any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any official label or official document, or any label affixed or document supplied in accordance with paragraph (2), except in accordance with the requirements of the Act, these Regulations F9, Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants or Orders made under the Plant Health Act 196712.
Sealing of packages and containers14
1
Subject to regulation 18, no person may market, other than in a properly sealed package or container—
a
pre-basic seed potatoes;
b
basic seed potatoes;
c
certified seed potatoes; or
d
test and trial seed potatoes.
2
For the purposes of this regulation, a properly sealed package or container means—
a
for seed potatoes produced in England, a closed package or container that has been sealed with an unbroken sealing device by or under the supervision of an authorised officer;
b
for seed potatoes produced outside England, a closed package or container that has been sealed in F83accordance with—
i
in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
ii
in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a);
3
Where a sealing device on a package or container is broken, the package or container must not be re-sealed with a sealing device otherwise than by or under the supervision of an authorised officer.
4
For the purposes of this regulation, a “sealing device” means a device applied in such a manner to a package or container that when the package or container is opened the device will be broken.
Identification of genetically modified seed potatoes15
No person may market genetically modified seed potatoes unless—
a
it is clearly indicated in any marketing information, including any sales catalogue or other marketing representations provided by the person marketing the seed potatoes, that the seed potatoes have been genetically modified; and
b
any official label or official document, or other label or document, affixed to, accompanying or relating to the seed potatoes clearly indicates that they have been genetically modified.
Seed potatoes from outside F84British Islands: information16
Any person marketing more than 2 kilograms of seed potatoes that have been imported into England from a country outside F85British Islands must supply the Secretary of State, in writing and within one month of the first marketing of the seed potatoes, with the particulars specified in Schedule 6.
Separate particulars17
Subject to regulation 18, a person who sells pre-basic seed potatoes, basic seed potatoes, certified seed potatoes or test and trial seed potatoes must issue to the buyer not later than 14 days after the sale or, if the seed potatoes are not delivered at the time of sale, not later than 14 days after delivery, a sale note, delivery note, invoice or similar document specifying in relation to the seed potatoes the particulars specified in Schedule 7.
Retail sales of seed potatoes18
Regulations 12, 13, 14 and 17 do not apply to a sale by retail of less than 50 kilograms of seed potatoes—
a
in circumstances where at the time of sale there is displayed conspicuously on a label affixed to a package containing the seed potatoes or on a document or notice placed in close proximity to the seed potatoes a statement of the particulars specified in Schedule 7; or
b
in containers that have not been previously used for any purpose, upon each of which has been printed or otherwise legibly and indelibly marked the particulars specified in Schedule 7, or attached to or inserted in each of which is a label marked with those particulars.
Sampling of seed potatoes19
1
A sample of seed potatoes taken for any purpose in connection with these Regulations must be taken in accordance with this regulation.
2
A sample must be taken by an authorised officer and may be of such quantity or number and from such part or parts of the growing or harvested crop as the authorised officer considers appropriate.
3
Paragraph (4) applies where a sample is required other than for a purpose in connection with certification of seed potatoes produced in England, and the bulk consists of seed potatoes—
a
comprising more than one consignment; or
b
associated with more than one growing crop certificate.
4
The seed potatoes must be divided so that each consignment or, as the case may be, the quantity of potatoes associated with each growing crop certificate, constitutes a separate lot and each lot must, if the authorised officer considers it necessary, be separately sampled.
Keeping of records20
1
A person who produces seed potatoes which are intended for marketing must retain for a period of not less than two years records of purchase of the seed potatoes from which those seed potatoes were produced and particulars of the crops grown.
2
A person who markets seed potatoes must retain for a period of not less than two years a record of the marketing of such seed potatoes.
Enforcement: powers of examination and production21
1
An authorised officer may conduct an examination and take samples of seed potatoes and inspect and take copies of a relevant document for the purpose of ensuring compliance with any provision of these Regulations.
2
For the purposes of this regulation, a person must permit, at any reasonable time, an authorised officer to—
a
examine and take samples of seed potatoes in his possession or control; and
b
inspect and take copies of any relevant document in his possession or control.
3
For the purposes of this regulation, an authorised officer may by written notice served on a person require that person to—
a
produce or make available for examination any seed potatoes or relevant document;
b
provide information within that person’s knowledge or belief relating to the production, certification or marketing of the seed potatoes.
4
A person on whom a notice is served in accordance with paragraph (3) must comply with the requirements of that notice within seven days of such service or such longer time as may be specified in the notice.
5
For the purposes of this regulation, “relevant document” means any growing crop certificate, official label, official document, other document or label, record or invoice relating to the planting, production, certification or marketing of seed potatoes.
Enforcement: power to withdraw official labels, official documents and growing crop certificates22
1
The Secretary of State may withdraw an official label or official document—
a
where satisfied that the seed potatoes to which the official label or official document relates—
i
have not been harvested, stored, transported or handled so as to minimise the risk of contamination by any of the diseases or pests specified in Schedule 3;
ii
on a sample taken in accordance with regulation 19, exceed any of the tolerances for diseases or pests, damage or defects specified in the appropriate Part of Schedule 3; or
iii
otherwise fail to comply with these Regulations; or
b
where satisfied that the official label or official document contains any particular which is false in a material respect.
2
The Secretary of State may withdraw a growing crop certificate where satisfied that—
a
the requirements of Schedule 1 are not, or are no longer, complied with; or
b
the growing crop certificate contains any particular which is false in a material respect.
3
Where an official label or official document is withdrawn in accordance with paragraph (1)(a)(ii), the seed potatoes from which the sample was taken may be the subject of an official examination in order to determine whether any of them do not exceed the tolerances specified in Schedule 3.
4
Where an official examination is conducted in accordance with paragraph (3), the Secretary of State may issue an official label or official document in relation to such seed potatoes as are found not to exceed the tolerances in Schedule 3.
5
Where an official label, official document or growing crop certificate is withdrawn in accordance with this regulation, an authorised officer may—
a
remove and retain the official label, official document or growing crop certificate; or
b
require any person in possession or charge of the official label, official document or growing crop certificate to deliver it to the authorised officer within such time as the authorised officer may specify.
6
A person in possession or charge of an official label, official document or growing crop certificate that has been withdrawn in accordance with this regulation must—
a
permit an authorised officer to remove the official label, official document or growing crop certificate in accordance with paragraph (5)(a);
b
comply with any requirement made in accordance with paragraph (5)(b).
Service of notices23
1
For the purposes of regulation 21(3), a notice is to be treated as having been served on any person if it is delivered to that person personally or left for them at their last known place of abode or business or sent through the post in a letter addressed to them there.
2
A notice may—
a
in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
b
in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership;
c
in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership.
3
For the purposes of paragraph (2), the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
F88Transitional provision for official labels on IP completion day23A
A label pre-printed before IP completion day which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for basic seed potatoes or certified seed potatoes for the purposes of any use of that label before the end of the period of one year beginning with the day after the day on which IP completion day falls.
Modification of provisions of the Act24
1
In connection with the provisions of these Regulations, the operation of the following provisions of the Act is modified or excluded in accordance with the provisions of this regulation.
2
Section 25 is modified as if for the purposes of the section any reference to “premises” were a reference to premises as defined in paragraph (6) and any reference to a subsection containing a reference to premises were a reference to that subsection as so modified.
3
Section 25(1) is modified as if the reference to subsection (4) of that section were a reference to that subsection as modified by the provision of paragraph (4).
4
In section 25(4), the words from “potatoes” (where it first occurs) to the end are omitted.
5
In section 26, subsections (2) and (4) to (9) are omitted.
6
In paragraph (2), “premises” includes any land or building, other than a private dwelling house, and any fixed or moveable structure, vehicle, vessel, aircraft, hovercraft or freight container.
Amendment and revocations25
1
In regulation 2(1) of the National Lists Regulations, in the definition of “the Seeds Marketing Regulations”, in sub-paragraph (a)(ii), for “2006”, substitute “2015”.
Review26
1
Before the end of each review period, the Secretary of State must—
a
carry out a review of these Regulations;
b
set out the conclusions of the review in a report; and
c
publish the report.
F862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The report must in particular—
a
set out the objectives intended to be achieved by these Regulations;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.
4
The first review period is the period of five years beginning with the date on which these Regulations come into force.
5
Each subsequent review period is a period of five years beginning with the date on which the preceding review was published.
SCHEDULE 1Growing crop certificates
PART 1General
1
On receipt of an application for certification of any seed potatoes, an authorised officer must—
a
allocate to the person making the application a number to be known as the “producer’s identification number” (where one does not already exist for that person);
b
following an official examination, determine in accordance with this Schedule and Schedule 4 the categories and grades at which the seed potatoes are capable of being marketed; and
c
subject to paragraphs 3 to 11, issue a growing crop certificate in accordance with paragraph 2.
2
1
A growing crop certificate must state—
a
the name and address of the applicant;
b
the categories and grades at which the authorised officer has determined the seed potatoes are capable of being marketed in accordance with paragraph 1(b);
c
the name of the agricultural unit on which the crop was grown;
d
the producer’s identification number;
e
the date on which the growing crop was inspected;
f
the variety of the seed potatoes;
g
the area of the seed potatoes; and
h
the location of the field on which the seed potatoes were grown.
2
In sub-paragraph (1), “agricultural unit” has the meaning assigned to that expression in section 109(2) of the Agriculture Act 194718.
3
A growing crop certificate may only be issued where an authorised officer is satisfied, in relation to the seed potatoes examined by that officer, that—
a
the seed potatoes are of a variety of potato species entered in a F87GB Variety List;
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 (Synchytrium endobioticum (Schilb) Perc);
ii
Potato Cyst Nematode (Globodera species infesting potatoes);
iii
Ring Rot (Clavibacter michiganensis (Smith) Davis et al ssp Sepedonicus (Spieck & Kotth) Davis et al);
iv
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al);
v
Potato Spindle Tuber Viroid;
F33vi
Colorado Beetle (Leptinotarsa decemlineata (Say));
vii
Potato Tuber Eelworm (Ditylenchus destructor (Thorne));
viii
Candidatus Liberibacter solanacearum Liefting et al.; and
ix
Candidatus Phytoplasma solani Quaglino et al;
d
the land on which the seed potatoes are growing or were grown is not land which is demarcated under F10Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations as contaminated with Wart Disease (Synchytrium endobioticum (Schilb) Perc) or is within a safety zone demarcated under F11those Regulations;
e
blanking in any of the growing crop of the seed potatoes is not or was not excessive;
f
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 2Pre-basic seed potatoes
4
1
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of any grade unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—
a
is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);
b
is not demarcated under F12Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations as infested with a European population of Potato Cyst Nematode; and
c
has not been used for growing potatoes at any time during the seven years immediately preceding the planting of the crop.
2
But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
5
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of F92GB grade PBTC unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—
a
plants of a different variety; or
b
plants affected by mild or severe virus.
6
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of F93GB grade PB unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—
a
more than 0.01% by number of growing plants which deviate from variety and type or are a different variety; or
b
more than 0.5% by number of growing plants which show symptoms of virus diseases where those symptoms are attributable to infection in the mother crop.
PART 3Basic seed potatoes
7
1
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any grade unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—
a
is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);
b
is not demarcated under F13Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations as infested with a European population of Potato Cyst Nematode; and
c
has not been used for growing potatoes at any time during the five years immediately preceding the planting of the crop.
2
But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
8
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any grade unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—
a
more than 0.25% by number of growing plants which do not breed true to variety or are a different variety; and
PART 4Certified seed potatoes
9
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes in the case of seed potatoes growing or grown in the protected region.
10
1
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—
a
is land which, as a result of a soil test carried out by the Secretary of State prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);
b
is not demarcated under F14Part 4 of Schedule 2 to the Official Controls (Plant Health) Regulations as infested with a European population of Potato Cyst Nematode; and
c
has not been used for growing potatoes at any time during the four years immediately preceding the planting of the crop.
2
But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.
11
No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is likely to contain—
SCHEDULE 2Official labels and official documents
PART 1Official labels
1
An official label used in relation to pre-basic seed potatoes must be coloured white with a diagonal violet line.
2
An official label used in relation to basic seed potatoes must be coloured white.
3
An official label used in relation to certified seed potatoes must be coloured blue.
4
An official label used in relation to test and trial seed potatoes must be coloured orange.
5
An official label must measure not less than 110 millimetres x 67 millimetres.
6
An official label for pre-basic seed potatoes must, in relation to the seed potatoes to which it relates, state the following particulars—
a
the Certification Authority and F96country or their distinguishing abbreviations;
b
the producer’s identification number or a lot reference number;
c
the month and year of sealing;
d
the 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;
e
the variety, indicated at least in Roman characters;
f
the grade; and
g
the description “pre-basic seed potatoes”.
7
An official label for basic seed potatoes or certified seed potatoes must—
F2aa
have a unique number;
b
in relation to the seed potatoes to which it relates, state the following particulars—
i
the Certification Authority and F98country or their distinguishing abbreviations;
ii
the producer’s identification number or a lot reference number;
iii
the month and year of sealing;
iv
the variety, indicated at least in Roman characters;
v
the country of production;
vi
the category;
vii
the grade;
viii
the size; and
ix
the net weight.
8
An official label for test and trial seed potatoes must—
a
contain the statements “variety not yet officially listed” and “for tests and trials only”; F7...
F6aa
have a unique number; and
b
in relation to the seed potatoes to which it relates, state the following particulars—
i
the Certification Authority and F99country or their distinguishing abbreviations;
ii
the producer’s identification number or a lot reference number;
iii
the month and year of sealing;
iv
the species;
v
the 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);
vi
the reference number in respect of the application submitted in accordance with regulation 4(1)(a) of the National Lists Regulations for acceptance of the variety concerned on to F100a GB Variety List;
vii
the size; and
viii
the net weight.
9
In the case of seed potatoes of a conservation variety, in addition to the requirements of paragraphs 1 to 8, an official label must contain the further information F101specified in Article 18 of Directive 2008/62/ECF102read as if, in point (a), for “
EC
”
there were substituted “GB”.
10
Without prejudice to paragraphs 1 to 8, an official label may contain such further statements—
a
concerning the field generation to which the seed potatoes belong;
b
as required or permitted to be included in an official label in accordance with any provision of these Regulations F15...; or
c
as the Secretary of State considers appropriate.
11
Where the field generation is not indicated on the official label, seed potatoes are deemed to belong to—
a
in the case of pre-basic seed potatoes, the fourth generation;
b
in the case of basic seed potatoes—
i
of F103GB grade S, the fifth generation;
ii
of F103GB grade SE, the sixth generation;
iii
of F103GB grade E, the seventh generation;
c
in the case of certified seed potatoes of Union grade A or Union grade B, the ninth generation.
PART 2Official documents
12
An official document used in relation to pre-basic seed potatoes must be coloured white with a diagonal violet line.
13
An official document used in relation to test and trial seed potatoes must be coloured orange.
14
An official document in relation to basic seed potatoes must be predominantly white.
15
An official document in relation to certified seed potatoes must be predominantly blue.
16
An official document must, in relation to the seed potatoes to which it relates, state—
a
the producer’s identification number or a lot reference number;
b
the month and year of sealing; and
c
the country of production.
SCHEDULE 3Specified diseases or pests, damage and defects and tolerances
PART 1Pre-basic seed potatoes of F89GB grade PBTC produced in England
Words in Sch. 3 Pt. 1 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(b)
Words in Sch. 3 Pt. 1 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(a)(i)
Words in Sch. 3 Pt. 1 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(a)(ii)
Column 1 | Column 2 |
|---|---|
Specified diseases or pests, damage and defects | Individual tolerances |
Group 1 | |
Wart Disease (Synchytrium endobioticum (Schlib) Perc) | Nil |
Potato Tuber Eelworm (Ditylenchus destructor Thorne) | Nil |
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil |
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp sepedonicus (Spieck & Kotth) Davis et al) | Nil |
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil |
Potato Spindle Tuber Viroid | Nil |
Colorado Beetle (Lepinotarsa decemlineata (Say)) | Nil |
F24Candidatus Liberibacter solanacearum Liefting et al | Nil |
Candidatus Phytoplasma solani Quaglino et al | Nil |
Group II | |
Blight (Phytophthora infestans) (Mont) de Bary) | Nil |
F18Blackleg (Dickeya Samson et al. spp. or Pectobacterium Waldee emend. Hauben et al. spp. or both | Nil |
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow) | Nil |
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot | Nil |
Dry Rot (Fusarium species) | Nil |
Gangrene (Phoma species) | Nil |
Frost damaged tubers | Nil |
Group III | |
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M B Ellis | Nil |
Group IV | |
F21Black scurf as caused by Thanatephorus cucumeris (A.B. Frank) Donk | Nil |
Common Scab (Streptomyces species) | Nil |
Group V | |
Powdery scab (Spongospora subterranea (Wallr) Legerh) | Nil |
Group VI | |
External blemishes, including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety | Nil |
Superficial necrosis caused by potato virus Y | Nil |
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani) | Nil |
Group VII | |
Dirt or other extraneous matter | 1.0% |
F1PART 2Pre-basic seed potatoes of F90GB grade PB produced in England
Sch. 3 Pts. 2, 3 substituted (1.4.2017) by The Seeds (Miscellaneous Amendments) (England) Regulations 2017 (S.I. 2017/288), regs. 1(1), 3(3)
Word in Sch. 3 Pt. 2 heading substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(17)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(n); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 3 Pt. 2 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(c)
Words in Sch. 3 Pt. 2 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(a)(i)
Words in Sch. 3 Pt. 2 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(a)(ii)
Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
Specified diseases or pests, damage and defects | Individual tolerances | Group tolerances | Collective group tolerances |
Group 1 | |||
Wart Disease (Synchytrium endobioticum (Schlib) Perc) | Nil | - | - |
Potato Tuber Eelworm (Ditylenchus destructor Thorne) | Nil | - | - |
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil | - | - |
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp sepedonicus (Spieck & Kotth) Davis et al) | Nil | - | - |
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil | - | - |
Potato Spindle Tuber Viroid | Nil | - | - |
Colorado Beetle (Lepinotarsa decemlineata (Say)) | Nil | - | - |
F25Candidatus Liberibacter solanacearum Liefting et al | Nil | - | - |
Candidatus Phytoplasma solani Quaglino et al | Nil | - | - |
Group II | |||
Blight (Phytophthora infestans (Mont) de Bary) | 0.2% | ) | ) |
F19Blackleg (Dickeya Samson et al. spp. or Pectobacterium Waldee emend. Hauben et al. spp. or both | 0.2% | ) | ) |
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow) | 0.2% | ) | ) |
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot | 0.2% | ) 0.2% | ) |
Dry Rot (Fusarium species) | 0.2% | ) | ) |
Gangrene (Phoma species) | 0.2% | ) | ) |
Frost damaged tubers | 0.2% | ) | ) |
Group III | |||
Skin spot (Polyscytalum pustulans (Owen & Wake-field)) M B Ellis | 0.2% | ) | ) 6.0% |
Group IV | |||
F22Black scurf as caused by Thanatephorus cucumeris (A.B. Frank) Donk Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease | 1.0% | ) 5.0% | ) |
Common Scab (Streptomyces species) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are deemed to be unaffected by the disease | 5.0% | ) | ) |
Group V | |||
Powdery scab (Spongospora subterranea (Wallr) Legerh) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease | 1.0% | ) | ) |
Group VI | |||
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety | 3.0% | ) | ) |
Superficial necrosis caused by potato virus Y | Nil | ) 3.0% | ) |
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani) | 0.5% | ) | ) |
Group VII | |||
Dirt or other extraneous matter | 1.0% | - | - |
F1PART 3Basic seed potatoes and certified seed potatoes produced in England
Words in Sch. 3 Pt. 3 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(c)
Words in Sch. 3 Pt. 3 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(a)(i)
Word in Sch. 3 Pt. 3 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(17)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(n)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 3 Pt. 3 substituted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(a)(ii)
Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
Specified diseases or pests, damage and defects | Individual tolerances | Group tolerances | Collective group tolerances |
Group I | |||
Wart Disease (Synchytrium endobioticum (Schlib) Perc) | Nil | - | - |
Potato Tuber Eelworm (Ditylenchus destructor Thorne) | Nil | - | - |
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil | - | - |
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp sepedonicus (Spieck & Kotth) Davis et al) | Nil | - | - |
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil | - | - |
Potato Spindle Tuber Viroid | Nil | - | - |
Colorado Beetle (Lepinotarsa decemlineata (Say)) | Nil | - | - |
F26Candidatus Liberibacter solanacearum Liefting et al | Nil | - | - |
Candidatus Phytoplasma solani Quaglino et al | Nil | - | - |
Group II | |||
Blight (Phytophthora infestans (Mont) de Bary) | 0.5% | ) | ) |
F20Blackleg (Dickeya Samson et al. spp. or Pectobacterium Waldee emend. Hauben et al. spp. or both | 0.5% | ) | ) |
Soft Rots including Watery Wound Rot (Pythium ultimum Trow) | 0.5% | ) | ) |
Pink Rot (Phytophthora erythroseptica Pethy-bridge) and Pit Rot | 0.5% | ) 0.5% | ) |
Dry Rot (Fusarium species) | 0.5% | ) | ) |
Gangrene (Phoma species) | 0.5% | ) | ) |
Frost damaged tubers | 0.5% | ) | ) |
Any of these Group II defects that present as a wet rot symptom | 0.2% | ) | ) 6.0% for basic seed potatoes and 8.0% for certified seed potatoes |
Group III | |||
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M B Ellis) | 0.5% except F91GB grade E, F91GB grade A and F91GB grade B grades; 2.0% for F91GB grade E, F91GB grade A and F91GB grade B grades only | ) | ) |
Powdery scab (Spongospora subterranea (Wallr) Legerh) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease (except where powdery scab takes its cankerous form) | 3.0% | ) 5.0% | ) |
Group IV | |||
F23Black scurf as caused by Thanatephorus cucumeris (A.B. Frank) Donk Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease | 5.0% | ) | ) |
Common Scab (Streptomyces species) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are deemed to be unaffected by the disease | 5.0% | ) | ) |
Group V | |||
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety | 3.0% | ) | ) |
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani) | 1.0% | ) 3.0% | ) |
Superficial necrosis caused by strains of potato virus Y | 0.1% | ) | ) |
Group VI | |||
Dirt or other extraneous matter | 1.0% | - | - |
PART 4Test and trial seed potatoes
Words in Sch. 3 Pt. 4 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(4)(d)
Column 1 | Column 2 | Column 3 |
|---|---|---|
Specified diseases or pests, damage and defects | Individual tolerances | Collective tolerances |
Potato Tuber Eelworm (Ditylenchus destructor Thorne) | Nil | – |
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil | – |
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp. sepedonicus (Spieck & Kotth) Davis et al) | Nil | – |
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil | – |
Potato Spindle Tuber Viroid | Nil | – |
Colorado Beetle (Lepinotarsa decemlineata (Say)) | Nil | – |
F27Candidatus Liberibacter solanacearum Liefting et al | Nil | - |
Candidatus Phytoplasma solani Quaglino et al | Nil | - |
Wart Disease (Synchytrium endobioticum (Schlib) Perc) | Nil | – |
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil | – |
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp sepedonicus (Spieck & Kotth) Davis et al) | Nil | – |
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil | – |
Earth or other extraneous matter | 2.0% | – |
Dry and wet rot, except if caused by Synchytrium endobioticum, Clavibacter michiganensis (Smith) Davis et al ssp Sepedonicus (Spieck & Kotth) Davis et al) or Ralstonia solanacearum (Smith) Yabuuchi et al) | 1.0% | ) |
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety | 3.0% | ) 6.0% |
Common scab: tubers affected over more than one-third of their surface | 5.0% | ) |
SCHEDULE 4Grading of seed potatoes
PART 1Seed potatoes capable of being marketed as pre-basic seed potatoes
Words in Sch. 4 Pt. 1 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(19)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Sch. 4 Pt. 1 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(19)(b)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii)(aa)); 2020 c. 1, Sch. 5 para. 1(1) )
Words in Sch. 4 Pt. 1 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(5)(a)(i)
Words in Sch. 4 Pt. 1 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(5)(a)(ii)
Words in Sch. 4 Pt. 1 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(5)(b)(i)
Words in Sch. 4 Pt. 1 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(19)(b)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii)(bb)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 Pt. 1 inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(5)(b)(ii)
In the course of making a determination for the purposes of paragraph 1(b) of Schedule 1, where an authorised officer determines that seed potatoes are capable of being marketed as pre-basic seed potatoes, that officer may grade them as being seed potatoes of any of the F104GB grades specified in column 1 of Table 1 where that officer is satisfied following inspection that the requirements specified in column 2 in relation to that grade have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes.
Column 1 | Column 2 | Column 3 |
|---|---|---|
F105GB grade | Requirements | Tolerances |
PBTC | (1) The seed potatoes must— | Nil |
(a) be derived from nuclear stock or tested tubers— | ||
(i) that are free from Pectobacterium spp., Dickeya spp., F28Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid, potato viruses A, M, S, X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco venial necrosis or any other significant virus; and | ||
(ii) supplied by a source acceptable to the Secretary of State, which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the Secretary of State, has been grown; | ||
(b) have been kept free from— | ||
(i) F29Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid, potato viruses A, M, S, X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus; | ||
(ii) witches’ broom and blackleg; | ||
(iii) deviations of variety and type; and | ||
(iv) groundkeepers; | ||
(c) have been produced (in the case of plants and tubers) through micro-propagation in a protected facility and in a growing medium that is free from pests; and | ||
(d) (in the case of tubers) not been multiplied beyond the first generation. | ||
PB | (1) The seed potatoes must be derived from— | |
(a) nuclear stock or tested tubers— | ||
(i) supplied by a source acceptable to the Secretary of State, which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the Secretary of State, has been grown; and | (i) Blackleg - nil | |
(ii) that are free from Pectobacterium spp., Dickeya spp., F30Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid, potato viruses A, M, S X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco venial necrosis or any other significant virus; or | (ii) Not true to type or of a different variety, including groundkeepers 0.01% | |
(b) a stock graded as F106GB grade PB or equivalent grade of a previous field generation in the year preceding the planting of the crop; or | (iii) Potato viruses Y, A and leaf roll - nil | |
(c) such other seed potatoes as are notified in writing by the Secretary of State as being acceptable to the Secretary of State. | (iv) Other mosaic viruses 0.1% | |
(2) The seed potatoes must have been kept free from— | ||
(i) F31Candidatus Liberibacter solanacearum, Candidatus Phytoplasma solani, Potato spindle tuber viroid, potato viruses A, M, S, X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus; | ||
(ii) witches’ broom and blackleg; | ||
(iii) deviations of variety and type; | ||
(iv) groundkeepers; | ||
(v) plants of a different variety. | ||
(3) The maximum number of field generations is four. |
PART 2Seed potatoes capable of being marketed as basic seed potatoes
Words in Sch. 4 Pt. 2 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(20)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Sch. 4 Pt. 2 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(2)(a), 21(4)(o)(ii)(aa) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 Pt. 2 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(20)(b)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 Pt. 2 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(20)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Sch. 4 Pt. 2 substituted (20.4.2021) by The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 (S.I. 2021/426), regs. 1(2), 7(3)(a)(i)
Words in Sch. 4 Pt. 2 substituted (20.4.2021) by The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 (S.I. 2021/426), regs. 1(2), 7(3)(a)(ii)
Words in Sch. 4 Pt. 2 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(20)(b)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 Pt. 2 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(20)(b)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
In the course of making a determination for the purposes of paragraph 1(b) of Schedule 1, where an authorised officer determines that seed potatoes are capable of being marketed as basic seed potatoes, that officer may grade them as being seed potatoes of any of the F107GB grades specified in column 1 of Table 2 where that officer is satisfied following inspection that the requirements specified in column 2 in relation to that grade have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes.
Column 1 | Column 2 | Column 3 |
|---|---|---|
F108GB grade | Requirements | Tolerances |
S | (1) The seed potatoes must be derived from— (a) a stock of pre-basic seed potatoes or a stock which was graded as F109GB grade S or equivalent grade of field generation four or less in the year preceding the planting of the crop; or | (i) Deviations from variety and type or different variety, including groundkeepers - 0.1% |
(b) such other seed potatoes as are notified in writing by the Secretary of State as being acceptable to the Secretary of State. | (ii) Potato viruses Y, A and leaf roll either individually or in combination - 0.02% | |
(2) The maximum number of field generations, including previous generations at pre-basic grade, is five. | (iii) Total virus including other mosaic viruses and potato viruses Y, A and leaf roll - 0.2% | |
(iv) Blackleg - 0.1% | ||
SE | (1) The seed potatoes must be derived from— (a) a stock of pre-basic seed potatoes or a stock which was graded F110F119GB grade S, F119GB grade SE or F120equivalent grade field generation five or less in the year preceding the planting of the crop; or | (i) Deviations from variety and type or different variety, including groundkeepers -0.1% |
(b) such other seed potatoes as are notified in writing by the Secretary of State as being acceptable to the Secretary of State. | (ii) Potato viruses Y, A and leaf roll either individually or in combination - 0.1% | |
(2) The maximum field generations, including previous generations at pre-basic or basic grade, is six. | (iii) total virus including other mosaic viruses and potato viruses Y, A and leaf roll - 0.5% | |
(iv) Blackleg - 0.5% | ||
E | (1) The seed potatoes must be derived from— (a) inside the protected region, a stock of pre-basic seed potatoes or a stock which was graded as F111F119GB grade S, F119GB grade SE or F120equivalent grade in the year preceding the planting of the crop; | (i) Deviations from variety and type or different variety, including groundkeepers - 0.1% |
(b) outside the protected region, a stock of pre-basic seed potatoes or a stock which was graded as F112F119GB grade S, F119GB grade SE, F119GB grade E or F120equivalent grade field generation six or less in the year preceding the planting of the crop; or | (ii) Potato viruses Y, A and leaf roll either individually or in combination - 0.4% | |
(c) such other seed potatoes as are notified in writing by the Secretary of State as being acceptable to the Secretary of State. | (iii) Total virus including other mosaic viruses and potato viruses Y, A and leaf roll - 0.8% | |
(2) The maximum field generations, including previous generations at pre-basic or basic grade, is seven. | (iv) Blackleg - 1.0% |
PART 3Seed potatoes capable of being marketed as certified seed potatoes
Word in Sch. 4 Pt. 3 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(21)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Sch. 4 Pt. 3 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(21)(b)(i) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 Pt. 3 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(21)(b)(ii)(aa) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 Pt. 3 substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(21)(b)(ii)(bb) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(o)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Word in Sch. 4 Pt. 3 substituted (20.4.2021) by The Official Controls, Plant Health, Seeds and Seed Potatoes (Amendment etc.) Regulations 2021 (S.I. 2021/426), regs. 1(2), 7(3)(b)
In the course of making a determination for the purposes of paragraph 1(b) of Schedule 1, where an authorised officer determines that seed potatoes are capable of being marketed as certified seed potatoes, that officer may grade them as seed potatoes of any of the F113GB grades specified in column 1 of Table 3 where that officer is satisfied following inspection that the requirements specified in column 2 in relation to that grade have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes.
Column 1 | Column 2 | Column 3 |
|---|---|---|
F114GB grade | Requirements | Tolerances |
A | The seed potatoes must be produced— | |
(a) directly from pre-basic seed potatoes, basic seed potatoes or certified seed potatoes that have been graded F115GB grade A or equivalent grade field generation eight; or | (i) Potato viruses Y, A and leaf roll either individually or in combination - 2.0% | |
(b) from a crop grown with the authority of or in circumstances notified in writing by the Secretary of State as being acceptable to the Secretary of State. | (ii) Other viruses - 2.0% | |
(iii) Combination of potato viruses Y, A and leaf roll and other viruses - 2.0% | ||
(iv) Blackleg - 2.0% | ||
(v) Deviations from variety and type or different variety, including groundkeepers -0.2% | ||
B | The seed potatoes must be produced— | |
(a) directly from pre-basic seed potatoes, basic seed potatoes, certified seed potatoes that have been graded F115GB grade A or equivalent grade field generation eight or certified seed potatoes that have been graded F116F121GB grade B or equivalent Union grade field generation eight; or | (i) Potato viruses Y, A and leaf roll either individually or in combination - 6.0% | |
(b) from a crop grown with the authority of or in circumstances notified in writing by the Secretary of State as being acceptable to the Secretary of State. | (ii) Other viruses - 6.0% | |
(iii) Combination of potato viruses Y, A and leaf roll and other viruses - 6.0% | ||
(iv) Blackleg - 4.0% | ||
(v) Deviations from variety and type or different variety, including groundkeepers -0.5% |
SCHEDULE 5Authorisation for marketing seed potatoes for test and trial purposes
1
On receipt of an application for authorisation made in accordance with regulation 9, an authorised officer must—
a
allocate to the person making the application a number to be known as the “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 requirements of this Schedule and Part 4 of Schedule 3 have been met; and
c
subject to paragraph 3 and regulation 9, issue an authorisation to market seed potatoes for test and trial purposes.
2
An authorisation must state—
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; and
f
the proposed name of the variety of the seed potatoes.
3
No authorisation is to be issued by an authorised officer unless that officer is satisfied that—
a
the seed potatoes are of a variety for which an application has been made under regulation 4(1)(a) of the National Lists Regulations 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 is not land which is demarcated under F16Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations as contaminated with Wart Disease (Synchytrium endobioticum (Schilb) Perc) or is within a safety zone demarcated under F17those Regulations;
c
the land on which the seed potatoes are growing or were grown is land which is not contaminated by Globodera species infesting potatoes;
d
the seed potatoes are taken from a crop of seed potatoes free from Globodera species infesting potatoes, Synchytrium endobioticum (Schilb) Perc, Clavibacter michiganensis (Smith) Davis et al ssp Sepedonicus (Spieck & Kotth) Davis et al) and Ralstonia solanacearum (Smith) Yabuuchi et al);
e
the number of growing plants affected by blackleg does not exceed 4%;
f
the immediately succeeding crop produced from the seed potatoes is, in the opinion of the authorised officer, likely to contain—
i
not more than 0.5% by number of growing plants which do not breed true to variety and not more than 0.2% by number of growing plants which are of a different variety; and
ii
not more than 10% by number of growing plants which show symptoms, other than slight symptoms, of severe virus diseases F36... (light mosaics causing discoloration and not leaf deformation are to be ignored); and
g
the seed potatoes are ascertained not to be affected by any of the tolerances for diseases or pests, damage or defects specified in Part 4 of Schedule 3.
SCHEDULE 6Information in respect of seed potatoes of more than 2 kilograms produced in a country F117outside the British Islands
Words in Sch. 6 heading substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(22); 2020 c. 1, Sch. 5 para. 1(1)
Species
Variety
Category
Country of production and Certification Authority
Country of dispatch
Importer
Quantity of seed potatoes
SCHEDULE 7Particulars to be specified in a sale note etc.
Name and address of the seller
Net weight (except pre-basic seed potatoes)
Species (except basic seed potatoes and certified seed potatoes)
Variety
Category
Grade (as appropriate.
Size (except pre-basic seed potatoes)
Producer’s identification number or (except for seed potatoes produced in England) seed lot reference number
Particulars of any chemical treatment
(This note is not part of the Regulations)
Word in Sch. 3 Pt. 1 heading substituted (31.12.2020) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(17)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(n)); 2020 c. 1, Sch. 5 para. 1(1)