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.U.K.
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—U.K.
(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 [F1Part 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.
Textual Amendments
F1Words in Sch. 1 para. 10(1)(b) substituted (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(4)(d)
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—U.K.
(a)in the case of—
(i)[F2GB] grade A, not more than 0.5%, and
(ii)[F2GB] grade B, not more than 0.5%,
by number of growing plants which do not breed true to variety or are a different variety; and
(b)in the case of—
(i)[F2GB] grade A, not more than 8%, and
(ii)[F2GB] grade B, not more than 10%,
by number of growing plants which show symptoms of severe virus diseases F3... where those symptoms are attributable to infection in the mother crop.
Textual Amendments
F2Word in Sch. 1 para. 11 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(15)(b) (as amended by S.I. 2020/1388, regs. 1(2)(a), 21(4)(l)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 1 para. 11 omitted (24.7.2020) by virtue of The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(3)(c)