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The Seed Potatoes (Wales) Regulations 2016
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Changes and effects yet to be applied to Schedule 4:
- Sch. 4 Pt. 1 word substituted in earlier amending provision S.I. 2019/738, reg. 2(16)(a) by S.I. 2020/1573 reg. 2(3)(m)(i)
- Sch. 4 Pt. 2 word substituted in earlier amending provision S.I. 2019/738, reg. 2(17)(a) by S.I. 2020/1573 reg. 2(3)(n)(i)
- Sch. 4 Pt. 1 words substituted by S.I. 2019/738 reg. 2(16)(a)
- Sch. 4 Pt. 2 words substituted by S.I. 2019/738 reg. 2(17)(a)
- Sch. 4 Pt. 1 word substituted by S.I. 2019/738 reg. 2(16)(b)(i)
- Sch. 4 Pt. 1 word substituted in earlier amending provision S.I. 2019/738, reg. 2(16)(b)(i) by S.I. 2020/1573 reg. 2(3)(m)(ii)
- Sch. 4 Pt. 1 words inserted by S.I. 2019/738 reg. 2(16)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 2(16)(b)(ii) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(m)(iii))
- Sch. 4 Pt. 1 words inserted by S.I. 2020/833 reg. 5(5)(a)(i)
- Sch. 4 Pt. 1 words inserted by S.I. 2020/833 reg. 5(5)(a)(ii)
- Sch. 4 Pt. 1 words inserted by S.I. 2020/833 reg. 5(5)(b)(i)
- Sch. 4 Pt. 1 words inserted by S.I. 2020/833 reg. 5(5)(b)(ii)
- Sch. 4 Pt. 1 words substituted by S.I. 2019/738, reg. 2(16)(b)(ii) (as substituted) by S.I. 2020/1573 reg. 2(3)(m)(iii)
- Sch. 4 Pt. 2 word substituted by S.I. 2019/738 reg. 2(17)(b)(i)
- Sch. 4 Pt. 2 word substituted in earlier amending provision S.I. 2019/738, reg. 2(17)(b)(i) by S.I. 2020/1573 reg. 2(3)(n)(ii)
- Sch. 4 Pt. 2 words inserted by S.I. 2019/738 reg. 2(17)(b)(ii) (This amendment not applied to legislation.gov.uk. Regs. 2(17)(b)(ii)-(iv) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(n)(iii))
- Sch. 4 Pt. 2 words inserted by S.I. 2019/738 reg. 2(17)(b)(iii) (This amendment not applied to legislation.gov.uk. Regs. 2(17)(b)(ii)-(iv) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(n)(iii))
- Sch. 4 Pt. 2 words inserted by S.I. 2019/738 reg. 2(17)(b)(iv)(aa) (This amendment not applied to legislation.gov.uk. Regs. 2(17)(b)(ii)-(iv) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(n)(iii))
- Sch. 4 Pt. 2 words inserted by S.I. 2019/738 reg. 2(17)(b)(iv)(bb) (This amendment not applied to legislation.gov.uk. Regs. 2(17)(b)(ii)-(iv) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(n)(iii))
- Sch. 4 Pt. 2 words substituted by S.I. 2019/738, reg. 2(17)(b)(ii) (as substituted) by S.I. 2020/1573 reg. 2(3)(n)(iii)
- Sch. 4 Pt. 2 words substituted by S.I. 2019/738, reg. 2(17)(b)(iii) (as substituted) by S.I. 2020/1573 reg. 2(3)(n)(iii)
- Sch. 4 Pt. 2 words substituted by S.I. 2019/738, reg. 2(17)(b)(iv)(aa) (as substituted) by S.I. 2020/1573 reg. 2(3)(n)(iii)
- Sch. 4 Pt. 2 words substituted by S.I. 2019/738, reg. 2(17)(b)(iv)(bb) (as substituted) by S.I. 2020/1573 reg. 2(3)(n)(iii)
- Sch. 4 Pt. 3 word substituted by S.I. 2019/738 reg. 2(18)(a)(i)
- Sch. 4 Pt. 3 words inserted by S.I. 2019/738 reg. 2(18)(a)(ii)
- Sch. 4 Pt. 3 words inserted by S.I. 2019/738 reg. 2(18)(a)(iii)(aa)
- Sch. 4 Pt. 3 words inserted by S.I. 2019/738 reg. 2(18)(a)(iii)(bb)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 1 para. 3(c)(vi)-(ix) substituted for Sch. 1 para. 3(c)(vi)(vii) by S.I. 2020/833 reg. 5(3)(a)
- reg. 6(3A) inserted by S.I. 2019/738 reg. 2(5)(b)
- reg. 6(3A) words substituted in earlier amending provision S.I. 2019/738, reg. 2(5)(b) by S.I. 2020/1573 reg. 2(3)(d)(ii)
- reg. 11(3)(b)(iii) omitted by S.I. 2019/738 reg. 3(3) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted immediately before IP completion day by virtue of S.I. 2020/1573, regs. 1(2)(b), 2(4))
- reg. 14(2)(b)(iii) omitted by S.I. 2019/738 reg. 3(4) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted immediately before IP completion day by virtue of S.I. 2020/1573, regs. 1(2)(b), 2(4))
- reg. 16(1) reg. 16 renumbered by S.I. 2019/738 reg. 2(10)(b) (This amendment not applied to legislation.gov.uk. Regs. 2(10) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(h))
- reg. 16(1) words inserted by S.I. 2019/738 reg. 2(10)(c)(i) (This amendment not applied to legislation.gov.uk. Regs. 2(10) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(h))
- reg. 16(1) words omitted by S.I. 2019/738 reg. 2(10)(c)(ii) (This amendment not applied to legislation.gov.uk. Regs. 2(10) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(h))
- reg. 16(2) inserted by S.I. 2019/738 reg. 2(10)(d) (This amendment not applied to legislation.gov.uk. Regs. 2(10) substituted immediately before IP completion day by S.I. 2020/1573, regs. 1(2)(b), 2(3)(h))
- reg. 16(2)(b) omitted by S.I. 2019/738 reg. 3(5) (This amendment not applied to legislation.gov.uk. Regs. 3, 4 omitted immediately before IP completion day by virtue of S.I. 2020/1573, regs. 1(2)(b), 2(4))
- reg. 23A inserted by S.I. 2019/738 reg. 2(11)
- reg. 23A words inserted in earlier amending provision S.I. 2019/738, reg. 2(11) by S.I. 2020/1573 reg. 2(3)(i)(ii)
- reg. 23A words substituted in earlier amending provision S.I. 2019/738, reg. 2(11) by S.I. 2020/1573 reg. 2(3)(i)(i)
Regulation 2(3)
SCHEDULE 4Grading of seed potatoes
PART 1Seed potatoes capable of being marketed as pre-basic seed potatoes
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 Union 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.
Table 1
Column 1 Union Grade | Column 2 Requirements | Column 3 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., 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 Welsh Ministers, 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 Welsh Ministers, has been grown; | ||
| (b) have been kept free from— | ||
| (i) 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 backleg; | ||
| (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 Welsh Ministers, 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 Welsh Ministers, has been grown; and | (i) Blackleg - nil | |
| (ii) that are free from Pectobacterium spp., Dickeya spp., 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 Union grade PB 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 Welsh Ministers as being acceptable to the Welsh Ministers; | (iv) Other mosaic viruses 0.1% | |
| (2)The seed potatoes must have been kept free from— | ||
| (i) 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
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 Union 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.
Table 2
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Union grade | Requirements | Tolerances |
| S | (1) The seed potatoes must be derived from— | (i) Deviations from variety and type or different variety, including groundkeepers - 0.1% |
| (a) a stock of pre-basic seed potatoes or a stock which was graded as Union grade S of field generation four or less in the year preceding the planting of the crop; or | ||
| (b) such other seed potatoes as are notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers | (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— | (i) Deviations from variety and type or different variety, including groundkeepers -0.1% |
| (a) a stock of pre-basic seed potatoes or a stock which was graded Union grade S or Union grade SE field generation five or less in the year preceding the planting of the crop; or | ||
| (b) such other seed potatoes as are notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers | (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— | (i) Deviations from variety and type or different variety, including groundkeepers - 0.1% |
| (a) a stock of pre-basic seed potatoes or a stock which was graded as Union grade S or Union grade SE in the year preceding the planting of the crop; | ||
| (b) a stock of pre-basic seed potatoes or a stock which was graded as Union grade S, Union grade SE or Union grade E 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 Welsh Ministers as being acceptable to the Welsh Ministers. | (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
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 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.
Table 3
| Column 1 | Column2 | Column3 |
|---|---|---|
| Union 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 Union grade A 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 Welsh Ministers as being acceptable to the Welsh Ministers. | (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 Union grade A field generation eight or certified seed potatoes that have been graded Union grade B 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 Welsh Ministers as being acceptable to the Welsh Ministers. | (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% | ||
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