The Seed Potatoes (England) Regulations 2015

Interpretation: general U.K.

2.—(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 label[F1 , 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;]

“category” means the category of pre-basic seed potatoes, basic seed potatoes or certified seed potatoes F2 ...;

“certification” (and “certified” is to be construed accordingly) means—

(a)

F3 in relation to seed potatoes produced in England, certification in accordance with regulation 10; and

(b)

F3 in relation to seed potatoes produced outside England, certification by the Certification Authority [F4 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 regulation 10(2) and (3);]

“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)

F5 in 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)

F5 in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official label [F6 , 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;]

“Common Catalogue” means the common catalogue of varieties of species of agricultural plants published in the Official Journal of the European Union;

[F7 “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;

“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”;

“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;

[F8 “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;]

[F9 “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)

F10 selling, holding with a view to sale or offering for sale, or

(b)

F10 any 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;

F11 ...

“National Lists Regulations” means the Seeds (National Lists of Varieties) Regulations 2001(1);

[F12 “the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019;]

“official document” means—

(a)

F13 for 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)

F13 for 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 [F14 requirements 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;]

“official examination” means an examination or inspection conducted by an authorised officer, including one conducted by way of sample;

“official label” means—

(a)

F15 for 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)

F15 for 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 [F16 requirements 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;]

“package or container” means—

(a)

F17 any package which has not been previously used for any purpose and is capable of being closed and sealed; or

(b)

F17 any 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;

“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)

F18 in 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)

F18 in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official label [F19 , 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;]

“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—

(a)

F20 potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation; or

(b)

F20 any potatoes that are intended to be used for planting and propagation;

[F21 “seed potatoes of a conservation variety” means any variety of seed potatoes listed as a conservation variety in the GB Variety List;]

[F22 “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;]

[F23 “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;

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)

F24 in relation to seed potatoes produced in England, seed potatoes which have been authorised by the Secretary of State in accordance with regulation 9;

(b)

F24 in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container which bears an official label in [F25 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 4, 5, 8, 9, 10 and 11(c) of Part 1 of Schedule 2;]

[F26 “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;]

[F27 “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;

(b)

in relation to seed potatoes produced in Scotland or Wales, GB grade determined in accordance with the relevant seed potatoes regulations;]

F28 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F29 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 2(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(3)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(3)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(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(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2(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(3)(c)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(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(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(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(3)(d)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2(1) inserted (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(3)(e) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 2(1) inserted (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(3)(f); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 2(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(3)(g) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(iv)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 2(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(3)(h); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(3)(i) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(v)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 2(1) inserted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 4(2)

F13 Words in reg. 2(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(3)(j)(i); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in reg. 2(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(3)(j)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in reg. 2(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(3)(k)(i); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in reg. 2(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(3)(k)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in reg. 2(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(3)(l); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in reg. 2(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(3)(m)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in reg. 2(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(3)(m)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in reg. 2(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(3)(n); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in reg. 2(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(3)(o) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(iv)); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in reg. 2(1) substituted (26.11.2021) by The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1229), regs. 1, 13

F23 Words in reg. 2(1) inserted (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(3)(q); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in reg. 2(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(3)(r)(i); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in reg. 2(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(3)(r)(ii) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in reg. 2(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(3)(s) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(viii)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in reg. 2(1) inserted (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(3)(t) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(ix)); 2020 c. 1, Sch. 5 para. 1(1)

F28 Reg. 2(2) omitted (31.12.2020) by virtue of y The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(3)(u) (as substituted by S.I. 2020/1388, regs. 1(2)(a), 21(4)(b)(x)); 2020 c. 1, Sch. 5 para. 1(1)

F29 Reg. 2(4) omitted (31.12.2020) by virtue of The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/809), regs. 1(b), 7(3)(v); 2020 c. 1, Sch. 5 para. 1(1)

(1)

S.I. 2001/3510; relevant amending instruments are S.I. 2004/2949 and 2011/464.