The Seed Potatoes (England) Regulations 2015

PART 2 — Seed 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 GB 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.

PART 3 — Seed 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 GB 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.

SCHEDULE 5 — Authorisation 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 Part 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 those 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 ... (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 6 — Information in respect of seed potatoes of more than 2 kilograms produced in a country outside the British Islands

• Species

• Variety

• Category

• Country of production and Certification Authority

• Country of dispatch

• Importer

• Quantity of seed potatoes

SCHEDULE 7 — Particulars 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

Signed

Gardiner of Kimble — Lords Spokesman — Department for Environment, Food and Rural Affairs — 2015-11-30

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend and consolidate the Seed Potatoes (England) Regulations 2006 (S.I. 2006/1161).

The Regulations control the production with a view to marketing, the certification and the marketing of seed potatoes in England, other than those intended for export outside the European Union. They implement various European instruments, in particular Council Directive 2002/56/EC on the marketing of seed potatoes (OJ No L 193, 20.7.2002, p 60).

Regulation 4 prohibits the marketing of any seed potatoes unless they have been certified as either pre-basic, basic or certified seed potatoes, or unless they have been authorised for marketing for scientific purposes or selection work or for test and trial purposes. For seed potatoes produced in England, certification, including the determination of the category and grade at which the potatoes must be marketed, must take place in accordance with the requirements of regulation 10.

Regulation 6 applies more stringent requirements to seed potatoes to be marketed in the “protected region” (defined in regulation 2(1)). Regulation 7 provides that seed potatoes cannot be marketed unless they comply with the specified size requirements.

Regulations 8 and 9 allow the Secretary of State to authorise the marketing of small quantities of seed potatoes for scientific purposes or selection work and seed potatoes for test and trial purposes.

Regulation 12 provides that seed potatoes (other than retail sales of small quantities of seed potatoes meeting the conditions of regulation 18) may only be marketed in packages or containers. Seed potatoes in packages or containers (other than those authorised to be marketed for scientific purposes or selection work) can only be marketed if labelled and sealed (regulations 13 and 14), the labels bearing the particulars specified in Schedule 2. Documents accompanying seed potatoes that have been genetically modified must include reference to this fact (regulation 15).

Regulation 19 provides for the taking of samples as part of the certification process or to ensure compliance with the provisions of the Regulations.

Regulation 21 provides the Secretary of State with powers of examination and production of seed potatoes and relevant documents.

Regulation 22 allows the Secretary of State to withdraw official labels or official documents relating to seed potatoes which are found not to comply with the requirements imposed by the Regulations.

Contravention of any provision in the Regulations is an offence under section 16(7)(b) of the Plant Varieties and Seeds Act 1964 (c.14), incurring liability on summary conviction to a fine.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Footnotes

Editorial notes