The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

Measures to be taken following the confirmation of the presence of Potato brown rot E+W

26.—(1) If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 25(2)(a), the Welsh Ministers must ensure that the actions specified in sub-paragraphs (2) to (4) are taken in accordance with sound scientific principles, the biology of Potato brown rot and the relevant production, marketing and processing systems of host plants of Potato brown rot.

(2) In the case of susceptible material, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

(b) further official testing, including on all clonally related seed potato stocks;

(c) the designation of the following as contaminated by a plant health inspector—

(i) the susceptible material and consignment or lot from which the sample was taken;

(ii) any objects which have been in contact with that sample;

(iii) any unit or field of protected crop production and any place of production of the susceptible material from which the sample was taken;

(d) a determination by a plant health inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;

(e) the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (c), the determination made under paragraph (d) and the possible spread of Potato brown rot, in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(3) In the case of host plants, other than susceptible material, where the production of susceptible material is identified to be at risk by a plant health inspector, the actions are—

(a) an investigation by a plant health inspector to determine the extent and the primary sources of the contamination in accordance with Annex 4 to Directive 98/57/EC;

(b) the designation by a plant health inspector of host plants from which the sample was taken as contaminated;

(c) a determination of the probable contamination by a plant health inspector;

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, in accordance with point 2(i) of Annex 5 to Directive 98/57/EC.

(4) In the case of surface water and associated wild solanaceous host plants where production of susceptible material is identified by a plant health inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—

(a) an investigation by a plant health inspector to establish the extent of the contamination, which includes an official survey at appropriate times on samples of surface water and, if present, wild solanaceous host plants;

(b) the designation of surface water from which the sample was taken by a plant health inspector, to the extent appropriate and on the basis of the investigation under paragraph (a);

(c) a determination by a plant health inspector of the probable contamination on the basis of the designation made under paragraph (b);

(d) the demarcation of a zone by a plant health inspector on the basis of the designation under paragraph (b), the determination made under paragraph (c) and the possible spread of Potato brown rot, in accordance with point 2(ii) of Annex 5 to Directive 98/57/EC.

Commencement Information

I1 Sch. 2 para. 26 in force at 27.3.2020, see reg. 1