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Statutory Rules of Northern Ireland


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2001 No. 188

SEEDS

Seed Potatoes Regulations (Northern Ireland) 2001

  Made 1st May 2001 
  Coming into operation - 
  except regulation 22 25th May 2001 
  as regards regulation 22 31st December 2001 


ARRANGEMENT OF REGULATIONS

1. Citation and commencement.
2. Interpretation.
3. Exemption.
4. Marketing of seed potatoes.
5. Seed potatoes from third countries: information.
6. Production measures in the interests of plant health.
7. Separation in the interests of varietal purity.
8. Certification and classification.
9. Community grading of basic seed potatoes.
10. Packages and containers.
11. Genetically modified seed potatoes.
12. Labelling of packages and containers.
13. Withholding or withdrawal of sealing devices or official labels.
14. Sealing of packages and containers.
15. Separate note, etc., of Schedule 7 particulars.
16. Retail sales.
17. Tolerances.
18. Taking of samples.
19. Sub-standard seed potatoes.
20. Records and information.
21. Power to exempt.
22. Amendment of the Plant Health Order (Northern Ireland) 1993.
23. Modifications of the Act.
24. Revocations.

ARRANGEMENT OF SCHEDULES

  1. Certification of seed potatoes.

  2. Classification: source material for planting, requirements and tolerances for the growing crop.

  3. Particulars to be set out in a certificate.

  4. Seed potato tubers: requirements as to varietal purity and size.

  5.  
 Part I: Requirements for an official label.
 Part II: Marking of packages and containers for pre-basic seed potatoes or basic seed potatoes exported from Northern Ireland.
 Part III: Information in respect of seed potatoes more than 2 kilograms in net weight produced in a country other than a member State.

  6. Tolerances for diseases, pests, damage and defects in seed potato tubers.

  7. Particulars to be specified in a sale note, etc.

  8. Sampling procedures.

  9. Measures to prevent spread, by means of seed potatoes, of disease or pests.

  10. Revocations.

The Department of Agriculture and Rural Development[
1], in exercise of the powers conferred on it by sections 1(1) and (2A), 2 and 12(1) of the Seeds Act (Northern Ireland) 1965[2], Article 3(8) of the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984[3], and of every other power enabling it in that behalf, and being a Department designated[4] for the purposes of section 2(2) of the European Communities Act 1972[5] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, after consultation, in accordance with section 1(1) of the said Act of 1965, with representatives of such interests as appear to it to be concerned, hereby makes the following Regulations:

Citation and commencement
     1.  - (1) These Regulations may be cited as the Seed Potatoes Regulations (Northern Ireland) 2001 and, with the exception of regulation 22, shall come into operation on 25th May 2001.

    (2) Regulation 22 shall come into operation on 31st December 2001.

Interpretation
    
2.  - (1) In these Regulations - 

    (2) These Regulations are without prejudice to the provisions of the Plant Health Order (Northern Ireland) 1993[10].

    (3) In these Regulations a reference to a tolerance in a sample shall be construed in relation to seed potatoes in the sample affected by - 

    (4) In these Regulations "marketing" means - 

    (5) Trade in seed potatoes not aimed at commercial exploitation of the variety, such as the following operations - 

shall not be treated as marketing of seed potatoes of that variety.

    (6) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Exemption
     3. These Regulations shall not apply to seed potatoes produced in the Republic of Ireland consigned through Northern Ireland to a destination outside Northern Ireland if, without being unloaded in Northern Ireland, they are moved direct from the point of entry to the point of exit.

Marketing of seed potatoes
    
4.  - (1) Subject to the provisions of regulation 21, a person shall not market any potatoes as seed potatoes other than pre-basic seed potatoes or basic seed potatoes.

    (2) Subject to the provisions of regulation 21, a person shall not market any pre-basic seed potatoes or basic seed potatoes - 

    (3) Subject to the provisions of regulation 21, a person shall not market any seed potatoes within the protected region other than - 

    (4) The prohibition in paragraph (1) shall not apply to the marketing of small quantities of seed potatoes, other than seed potatoes which contain any genetically modified material, for scientific purposes or selection work.

    (5) If the conditions specified in paragraph (6) are satisfied the prohibition in paragraph (1) shall not apply to the marketing for scientific purposes or selection work of small quantities of seed potatoes which contain any genetically modified material.

    (6) The conditions referred to in paragraph (5) are - 

    (7) An authorisation may be granted by the Department of the Environment for the purpose of paragraph (6)(d) if: - 

Seed potatoes from third countries: information
     5. A person who imports a package containing a net weight of more than 2 kilograms of seed potatoes produced in a country other than a member State shall not market the seed potatoes unless that person provides the Department with the information specified in Part III of Schedule 5, in respect of the seed potatoes.

Production measures in the interests of plant health
    
6. The production of seed potatoes shall at all stages be conducted in such manner as to ensure that they do not come into contact with any potatoes other than seed potatoes during growing, harvesting, storing, preparation for marketing, transportation, handling and grading.

Separation in the interests of varietal purity
    
7. The production of seed potatoes shall at all stages be conducted in such manner as to ensure that they are kept separate from - 

Certification and classification
    
8.  - (1) Application for certification of seed potato crops shall be made to the Department with such information, in such form and in such manner as it may require.

    (2) On receipt of an application under paragraph (1) the Department shall allocate to the grower who produces the seed potatoes in respect of which such application has been made a number to be hereinafter called a "grower's number".

    (3) Certification and classification of basic seed potatoes and pre-basic seed potatoes shall be carried out by an authorised officer in accordance with the provisions of Schedule 1 and Schedule 2.

    (4) A certificate shall not be issued in respect of seed potatoes which fail to meet the requirements and tolerances - 

    (5) The Department may withdraw a certificate after it has been issued where an authorised officer is satisfied that the seed potatoes in respect of which that certificate has been issued have not been so grown, harvested, stored, prepared for marketing, transported, handled or graded as to ensure that seed potatoes of each class or variety have been or are kept separate from all other potatoes.

    (6) The Department may refuse to issue a certificate in respect of any seed potato crop for which an application for certification has been made under paragraph (1) where the applicant has failed to pay to the Department any amount by way of levy due by him in accordance with Article 3(1) of the Seed Potatoes (Levy) Order (Northern Ireland) 1985[
15].

Community grading of basic seed potatoes
     9.  - (1) Basic seed potatoes marketed within Northern Ireland shall be graded by an authorised officer into one of the Community grades.

    (2) Basic seed potatoes marketed outside Northern Ireland which fulfil the requirements of a Community grade may be graded by an authorised officer into that Community grade.

Packages and containers
    
10.  - (1) Subject to paragraph (2) and regulation 12, a person shall not, in the course of marketing, deliver or cause to be delivered a lot otherwise than in a package or container.

    (2) A person shall not export, attempt to export or cause the export from Northern Ireland of a lot produced in Northern Ireland otherwise than in a package or container marked with the information and complying with the requirements set out in Part II of Schedule 5.

    (3) Each lot delivered, or intended for delivery, in the course of marketing shall be homogenous to the extent that the contents of each package or container in the lot is fairly and truly representative of the contents of all packages or containers in the lot.

    (4) Each package or container in the lot shall be so packed that any potatoes exposed to view, or which would be exposed to view if the package or container is opened, are representative in size, condition and quality of the entire contents of that package or container.

Genetically modified seed potatoes
    
11. A person shall not market genetically modified seed potatoes unless - 

Labelling of packages and containers
    
12.  - (1) Subject to regulation 16, a person shall not market a package or container of pre-basic seed potatoes or basic seed potatoes otherwise than in accordance with the provisions of paragraphs (2), (4), (5) and (6), and regulation 14.

    (2) Subject to paragraph (4), there shall be attached to the outside of each package or container an official label on which there is correctly stated in relation to the contents the particulars set out in Part I of Schedule 5.

    (3) Application for official labels for pre-basic seed potatoes or basic seed potatoes produced in Northern Ireland in respect of which a certificate has been issued under regulation 8 shall be made to the Department with such information as the Department may require. A person shall not in connection with the issue of an official label supply any information which is false in a material respect.

    (4) If a package or container has been re-sealed in accordance with regulation 14 by an authorised officer or an officer of the authority concerned the official label in respect of it shall also state - 

    (5) Subject to paragraph (6) where pre-basic seed potatoes or basic seed potatoes have been treated with a chemical product the name of the chemical product or the generally recognised abbreviation of the chemical name or the proprietary name of that product shall be stated on a label attached to the package or container.

    (6) Paragraph (5) shall not apply where the statement required thereby is indelibly printed on the package or container or on a wear and tear resistant label, or adhesive label, attached to that package or container.

    (7) A person shall not in connection with the marketing or preparation for marketing of pre-basic seed potatoes or basic seed potatoes wilfully reproduce, remove, deface, conceal or misuse in any way - 

Withholding or withdrawal of sealing devices or official labels
    
13.  - (1) An authorised officer may in respect of a lot or any part thereof withhold or withdraw a sealing device or official label where the officer is reasonably satisfied that - 

    (2) Where a certificate has been issued in respect of a crop and Potato Cyst Nematode is subsequently found in the land in which any of the potatoes comprised in that crop were grown an authorised officer shall cancel such certificate in respect of any unsold portion of that crop or part thereof.

    (3) If in the opinion of the Department weather conditions are such that they do not permit delivery in the course of marketing of pre-basic seed potatoes or basic seed potatoes produced in Northern Ireland without a risk of damage by frost to such potatoes the Department may, for such period as it may decide, withhold sealing devices for such potatoes. A decision so to withhold sealing devices shall be communicated by the Department to representatives of such interests as appear to the Department to be concerned.

    (4) An authorised officer shall not, without the authority of the person who in accordance with regulation 8 made application for certification and classification of the crop, apply a sealing device to any seed potatoes from such crop.

Sealing of packages and containers
    
14.  - (1) Subject to paragraph (3) and regulation 16, a person shall not market a package or container of pre-basic seed potatoes or basic seed potatoes produced outside Northern Ireland unless that package or container has been sealed by or under the supervision of an authorised officer or an officer of the authority concerned and the sealing device thus applied remains unbroken.

    (2) Subject to paragraph (3) and regulation 16, a person shall not market a package or container of pre-basic seed potatoes or basic seed potatoes produced in Northern Ireland unless that package or container has been sealed by an authorised officer and the sealing device thus applied remains unbroken.

    (3) Where a sealing device on a package or container of pre-basic seed potatoes or basic seed potatoes has been broken that package or container shall not be re-sealed with a sealing device except by or under the supervision of an authorised officer or an officer of the authority concerned.

    (4) An authorised officer may refuse to seal any package or container of pre-basic seed potatoes or basic seed potatoes as required by paragraph (2) for any person who has failed to pay to the Department any amount by way of levy due by him in accordance with Article 3(2) and (3) of the Seed Potatoes (Levy) Order (Northern Ireland) 1985.

Separate note, etc., of Schedule 7 particulars
    
15. Subject to regulation 16, a person who sells, consigns or delivers pre-basic seed potatoes or basic seed potatoes shall furnish to the purchaser, not later than 14 days after the sale or the delivery, whichever is the later, of such seed potatoes a sale note, delivery note, invoice or similar document setting out in respect of those seed potatoes the particulars listed in Schedule 7.

Retail sales
    
16. Regulations 10, 12, 14 and 15 shall not apply to a sale by retail of a quantity of less than 50 kg of pre-basic seed potatoes or basic seed potatoes - 

Tolerances
    
17.  - (1) Where particulars of the variety of seed potatoes being marketed are stated pursuant to these Regulations, the particulars so stated shall be deemed to be correct if the varietal impurity of those seed potatoes does not exceed 0.1% by number of tubers or plants.

    (2) The tolerances set out in Column 4 of Tables I and II of Schedule 2 are to be calculated as the number of plants in a sample affected by disease or impurity expressed as a percentage of the total number of plants in that sample.

    (3) The tolerances specified in the Tables set out in Schedule 6 are to be calculated as the weight of seed potatoes in a sample affected by disease or pest, damage, blemish or impurity expressed as a percentage of the total weight of seed potatoes in that sample.

Taking of samples
    
18.  - (1) Where a sample of seed potatoes is required for the purposes of these Regulations such sample shall be taken by an authorised officer in accordance with the provisions of this regulation.

    (2) Where a sample of seed potatoes is required in connection with the certification or classification of seed potatoes an authorised officer may take a sample of the soil in which the crop of such potatoes is growing or of any part of the plant of that crop, of such quantity or number and from such part of that crop as the officer may think appropriate.

    (3) Where a sample of seed potatoes is required otherwise than as is mentioned in paragraph (2) an authorised officer shall take the sample in accordance with the provisions of Schedule 8.

Sub-standard seed potatoes
    
19.  - (1) Where in the course of an official examination of seed potatoes an authorised officer is reasonably satisfied that such potatoes do not meet the requirements of these Regulations the officer shall serve a notice on the person in whose possession or charge the potatoes appear to be so informing that person and prohibiting delivery in the course of marketing of those potatoes as seed potatoes.

    (2) Where in the course of an official examination of seed potatoes an authorised officer is of the opinion that any of such potatoes are affected, or may within a period of 14 days beginning with the date of such examination become affected, by a disease, pest or damage to such an extent that such potatoes may not meet the requirements of these Regulations the officer may serve a notice on the person in whose possession or charge the potatoes appear to be so informing that person and prohibiting delivery of those potatoes.

    (3) A notice under paragraph (1) or (2) may require the person upon whom such notice is served to carry out on such premises at such time, within such period and in accordance with such methods as are stated in the notice the measures set out therein, being measures which in the opinion of the authorised officer are necessary - 

    (4) The measures set out in a notice under paragraph (1) or (2) shall - 

    (5) Where a notice under paragraph (1) or (2) has been served, and until such time as the requirements of that notice have been complied with to the officer's satisfaction, an authorised officer may withhold or remove or cause to be removed and retain any official label, or sealing device.

Records and information
    
20.  - (1) A person who produces pre-basic seed potatoes or basic seed potatoes shall for a period of not less than 2 years maintain records of - 

    (2) A person who markets pre-basic seed potatoes or basic seed potatoes shall for a period of not less than 2 years thereafter maintain a record of the person's marketing of such pre-basic seed potatoes or basic seed potatoes.

    (3) A person who produces, markets or otherwise has or has had possession of or charge of pre-basic seed potatoes or basic seed potatoes shall, if so required by notice from an authorised officer, within 7 days of the service of the notice, give to an authorised officer any information in that person's possession as to the identity, address and occupation of the person in whose possession or under whose charge such potatoes are or have been and shall also produce for examination by an authorised officer any declaration, certificate, label, record or invoice relating to the planting, classification or marketing of such potatoes.

    (4) Information given under paragraph (3) shall not be available as evidence in any proceedings under these Regulations against a person required to give such information except in respect of an alleged failure to comply with this regulation.

Power to exempt
    
21. Notwithstanding any provision in these Regulations the Department may, subject to such conditions as it thinks fit, exempt any person, class of person or persons generally from compliance with any of the requirements of these Regulations in respect of seed potatoes.

Amendment of the Plant Health Order (Northern Ireland) 1993
    
22. In Article 19 (Restriction on the planting of potatoes) of the Plant Health Order (Northern Ireland) 1993 after paragraph (2) there shall be added the following paragraphs - 

Modifications of the Act
    
23. The operation of the provisions of the Act referred to in paragraphs (a) and (b) shall in connection with these Regulations be modified as follows - 

Revocations
    
24. The Regulations specified in Schedule 10 to these Regulations are hereby revoked.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


1st May 2001.

L.S.


R. S. Johnston
A senior officer of the Department of Agriculture and Rural Development


SCHEDULE 1
Regulations 2(1) and 8(3)


Certification of seed potatoes


     1. Certification shall consist of an official examination of seed potatoes made by an authorised officer which shall include the classification of such potatoes in accordance with the provisions of Schedule 2 and the issue by the Department of a certificate of the result of that examination as specified in Schedule 3.

     2. The Department may refuse to issue a certificate if an authorised officer is not satisfied that:

     3. A certificate for pre-basic seed potatoes shall not be issued by an authorised officer unless the officer is satisfied that the seed potatoes satisfy the minimum conditions established by the Department for classes of pre-basic seed potatoes.

     4. A certificate shall not be issued by the Department unless an authorised officer is satisfied that:

     5. Seed potatoes shall not be classified - 



SCHEDULE 2
Regulations 2(1), 8(3) and (4), and 17(2) and Schedule 1, paragraph 1 and 4(e)


Classification: source material for planting, requirements and tolerances for the growing crop


     1. In the course of certification of any seed potatoes produced in Northern Ireland, an authorised officer may classify the potatoes as being pre-basic seed potatoes or basic seed potatoes of a class specified in Column 1 of Table I (pre-basic seed potatoes) or Table II (basic seed potatoes) to this Schedule if he is satisfied - 

     2. Any tolerance in Column 4 of Table I or Table II expressed as a percentage is a reference to the proportion expressed as a percentage which the number of growing plants affected by the disease or varietal impurity bears to the total number of plants in the sample.


Table I Pre-basic Seed Potatoes
Column 1 Column 2 Column 3 Column 4
Class Source Material Other Requirements Tolerances
Pre-basic TC Nuclear stock or a crop which meets the requirements set out in Schedule 1 paragraph 4(b)(ii). The seed potatoes shall:

    (a) be grown in a unit officially approved for pro- duction of Pre- basic TC;

    (b) be kept free, as far as practicable, from diseases and aphids by appropriate husbandry measures.

(i) Deviations from variety -  nil;

(ii) Severe mosaic  -  nil;

(iii) Leafroll -  nil;

(iv) Mild mosaic -  nil;

(v) Blackleg -  nil.

Pre-basic 1 Stock which was classified in the year preceding the planting of the crop as Pre-basic TC or a crop which meets the requirements set out in Schedule 1 paragraph 4(b)(ii). The seed potatoes shall:

    (a) be grown and entered for classification by a person whose facilities, planting arrangements and manner of keeping appropriate records in relation to production of seed potatoes are acceptable to the Department;

    (b) be grown in the year in which they are entered for classification on an agricultural unit on which all potato crops planted were seed potatoes of pre-basic and VTSC classes;

    (c) be sufficiently isolated from potato crops below the standard of VTSC 1 and VTSC 2 in order to prevent the transmission of disease from such crops; and

    (d) have had the foliage of the plants destroyed by the date notified to the owner of the crop or the owner's agent by an authorised officer.

(i) Deviations from variety and type and groundkeepers  -  nil;

(ii) Severe mosaic  -  nil;

(iii) Leafroll -  nil;

(iv) Mild mosaic -  nil;

(v) Blackleg -  nil.

Pre-basic 2 Stock which was classified in the year preceding the planting of the crop as Pre-basic 1. As for Pre-basic 1. As for Pre-basic 1.


Table II Basic Seed Potatoes
Column 1 Column 2 Column 3 Column 4
Class Source Material Other Requirements Tolerances
VTSC SEED VTSC 1 The seed potatoes shall:

    (a) be seed potatoes derived from a stock which was classified as pre-basic seed potatoes in the year preceding the planting of the crop; or

    (b) be seed potatoes which meet the requirements set out in Schedule 1 paragraph 4(b)(ii) and (iii).

As for Pre-basic 1. As for Pre-basic 1.
VTSC 2 The seed potatoes shall be seed potatoes derived from a stock which was classified as VTSC 1 in the year preceding the planting of the crop. As for Pre-basic 1. As for Pre-basic 1.
SUPER ELITE SEED (SE) SE 1 The seed potatoes shall:

    (a) be seed potatoes derived from a stock which was classified as Pre- basic TC, Pre- basic 1, Pre-basic 2, VTSC 1 or VTSC 2 in the year preceding the planting of the crop; or

    (b) be seed potatoes which meet the requirements set out in Schedule 1 paragraph 4(b)(ii). and (iii).

The seed potatoes shall:

    (a) be sufficiently isolated from potato crops below the standard of Super Elite in order to prevent the transmission of disease from such crops; and

    (b) have had the foliage of the plants destroyed by the date notified to the owner of the crop or the owner's agent by an authorised officer.

(i) Deviations from variety and type and groundkeepers  -  0.05%;

(ii) Leafroll and Severe mosaic  -  0.01%;

(iii) Mild mosaic  -  0.05%;

(iv) Blackleg -  0.25%.

SE 2 (a) The requirements shall be the same as for SE 1 except that the seed potatoes shall be derived from a stock which was classified as SE 1 in the year preceding the planting of the crop; or

(b) seed potatoes which meet the requirements set out in Schedule 1 paragraph 4(b)(ii) and (iii).

As for SE 1. As for SE 1.
SE 3 The requirements shall be the same as for SE 1 except that the seed potatoes shall be derived from a stock which was classified as SE 2 in the year preceding the planting of the crop. As for SE 1. As for SE 1.
ELITE SEED (E) E The seed potatoes shall:

    (a) be derived from a stock which was classified as Pre-basic TC, Pre- basic 1, Pre-basic 2, VTSC 1, VTSC 2, SE 1, SE 2, SE 3 or E in the year preceding the planting of the crop; or

    (b) be derived from seed potatoes produced in accordance with Schedule 1 paragraph 4(b)(ii) and (iii); or

    (c) be derived from seed potatoes which have been found to meet the requirements of Commission Directive 93/17/EEC and which have been designated by the authority concerned as Community grade EEC 1 or EEC 2.

The seed potatoes shall:

    (a) be sufficiently isolated from potato crops below the standard of Elite in order to prevent the transmission of disease from such crops; and

    (b) have had the foliage of the plants destroyed by the date notified to the owner of the crop or the owner's agent by an authorised officer.

(i) Deviations from variety and type and groundkeepers  -  0.05%;

(ii) total virus disease (Leafroll, Severe mosaic and Mild mosaic)  -  0.5% of which not more than 0.1% (in total) shall be Leafroll and Severe mosaic;

(iii) Blackleg  -  0.5%.

CLASS A SEED               
A The seed potatoes shall:

    (a) be derived either from a stock which was classified as Pre-basic TC, Pre-basic 1, Pre- basic 2, VTSC 1, VTSC 2, SE 1, SE 2, SE 3 or E in the year preceding the planting of the crop or from seed potatoes produced in accordance with Schedule 1 paragraph 4(b)(ii) and (iii); or

    (b) be derived from seed potatoes which have been found to meet the requirements of Commission Directive 93/17/EEC and which have been designated by the authority concerned as Community grade EEC 1 or EEC 2.

The seed potatoes shall:

    (a) be sufficiently isolated from potato crops below the standard of Class A in order to prevent the transmission of disease from such crops; and

    (b) have had the foliage of the plants destroyed by the date notified to the grower of the crop or the owner's agent by an authorised officer.

(i) Deviations from variety and type and groundkeepers -  0.1%;

(ii) total virus disease  - 1.0% of which not more than 0.25% shall be Leafroll and Severe mosaic;

(iii) Blackleg - 1.0%.




SCHEDULE 3
Regulation 2(1) and Schedule 1 paragraph 1


Particulars to be set out in a certificate


     1. Name and address of the applicant.

     2. Location of the farm on which the crop was grown.

     3. Grower's number.

     4. Pre-basic seed potatoes or basic seed (as appropriate).

     5. Class.

     6. Community grade, where appropriate.

     7. Date on which the certificate was issued.

     8. Variety of the crop classified.

     9. Area of the crop classified.

     10. The grower's farm survey number and the number of the field in which the crop was grown.



SCHEDULE 4
Regulations 4(2)(d) and 13(1)(b)


Seed potato tubers: requirements as to varietal purity and size


Requirements as to varietal purity and size
     1. For the purposes of regulation 4(2)(d), the requirements, if any, set out in paragraphs 2, 3 and 4 as to the varietal purity or minimum size of or maximum size between tubers in a lot of seed potatoes are specified in relation to any lot of seed potatoes to which those paragraphs respectively apply.

Pre-basic TC and equivalent seed potatoes
     2.  - (1) This paragraph applies - 

    (2) In the case of seed potatoes to which this paragraph applies there shall be no deviation from variety.

Pre-basic 1 and Pre-basic 2 and equivalent seed potatoes
     3.  - (1) This paragraph applies - 

    (2) Subject to sub-paragraphs (3) and (4), in the case of seed to which this paragraph applies - 

    (3) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 18(3) and Schedule 8, the proportion of the weight of potatoes which deviate from variety does not exceed 0.01% of the total weight of the sample.

    (4) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c), the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 18(3) and Schedule 8, the proportion of the weight of potatoes which are - 

Basic seed potatoes
     4.  - (1) This paragraph applies to basic seed potatoes.

    (2) Subject to sub-paragraphs (3) and (4), in the case of seed potatoes to which this paragraph applies - 

    (3) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 18(3) and Schedule 8, the proportion of the weight of potatoes which deviate from variety does not exceed 0.1% of the total weight of the sample.

    (4) For the purposes of determining whether any lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c) - 



SCHEDULE 5
Regulations 2(l), 5, 10(2) and 12(2)



Part I

Requirements for an official label

     1. An official label affixed or to be affixed to: - 

     2. The size stated in accordance with paragraph 1(d) must, in the case of sizes over 35mm, be stated in multiples of 5mm.

     3. Official labels printed prior to 13th October 1997 with the abbreviation "EEC" instead of "EC" may be used until 31st December 2001.



Part II

Marking of packages and containers for pre-basic seed potatoes or basic seed potatoes exported from Northern Ireland

     1. A package or container used for pre-basic seed potatoes or basic seed potatoes produced in Northern Ireland which is exported or intended to be exported from Northern Ireland shall be marked in letters and figures not less than 50 mm high and with the following particulars:



Part III

Information in respect of seed potatoes more than 2 kilograms in net weight produced in a country other than a member State

     1. Species.

     2. Variety.

     3. Category.

     4. Country of production and official inspection authority.

     5. Country of despatch.

     6. Importer.

     7. Quantity of seed potatoes.



SCHEDULE 6
Regulations 2(1), 13(1)(e) and 17(3)


Tolerances for diseases, pests, damage and defects in seed potato tubers


Tolerances
     1.  - (1) For the purposes of these Regulations - 

    (2) Subject to paragraph (3), any tolerance in a Column of any of the Tables in this Schedule expressed as a percentage is a reference to the proportion which the weight of potatoes affected by the disease, pest, damage or defect bears to the total weight of the sample taken in accordance with regulation 18(3) and Schedule 8, expressed as a percentage.

    (3) In the case of dirt or other extraneous matter, any tolerance in a Column of any of the Tables in this Schedule expressed as a percentage is a reference to the proportion which the weight of such matter bears to the total weight of the sample taken in accordance with regulation 18(3) and Schedule 8, expressed as a percentage.

Individual tolerances
     2. The individual tolerances set out in the entry in Column 2 of Table I, II, III, IV or, as the case may be, V corresponding to the disease, pest, damage or defect set out in Column 1 of these Tables is specified in the case of seed potatoes to which the Table applies in relation to the disease, pest, damage or defect to which the entry corresponds.

Group tolerances
     3. The group tolerances set out in the entry in Column 3 of Table II, III, or, as the case may be, IV corresponding to the diseases, pests, damage or defects within Group II or III set out in Column 1 of those Tables is specified in the case of seed potatoes to which the Table applies in relation to the Group to which the entry corresponds.

Collective group tolerances
     4. The collective group tolerances set out in the entry in Column 4 of Table II, III, IV or, as the case may be, V corresponding to the diseases, pests, damage or defects within Group II, III and IV set out in Column 1 of those Tables is specified in the case of seed potatoes to which the Table applies in relation to those Groups.

Allowable surface area cover
     5.  - (1) This paragraph applies, for the purposes of these Regulations, to seed potatoes to which Table II, III, IV or V applies.

    (2) Subject to paragraph (3), an authorised officer may deem a potato in any sample of seed potatoes to which this paragraph applies not to be affected by a disease in Group III, set out in Column 1 of the Table applicable to a potato of that class when, in the officer's opinion - 

    (3) Paragraph (2) shall not apply when the disease Powdery Scab (Spongospora subterranea (Wallr.) Lagerh) takes its cankerous form.


Table I Pre-basic Tissue Culture Class
Column 1 Column 2
Diseases, pests, damage and defects Individual Tolerances
Group I     
Wart Disease (Synchytrium endobioticum (Schilb.)) NIL
Potato Tuber Eelworm (Ditylenchus destructor Thorne) NIL
Potato Cyst Nematode (Globodera species infesting potatoes) NIL
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck & Kotth.) Davis et al.) NIL
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.) NIL
Potato Tuber Moth (Phthorimaea operculella (Zell)) NIL
Potato Spindle Tuber Viroid NIL
Colorado Beetle (Leptinotarsa decemlineata (Say)) NIL
Group II     
Blight (Phytophthora infestans (Mont.) de Bary) NIL
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp. atroseptica (Hellmers & Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both NIL
Gangrene (Phoma species)/Dry Rot (Fusarium species)/Wet Rot NIL
Frost damaged tubers NIL
Group III     
Skin Spot (Polyscytalum pustulans (Owen & Wakefield) M.B. Ellis) NIL
Black Scurf (Rhizoctonia solani Kuhn) NIL
Common Scab (Streptomyces species) NIL
Powdery Scab (Spongospora subterranea (Wallr) Lagerh) NIL
Group IV     
External blemishes 3%
Group V     
Dirt or other extraneous matter 1%


Table II Pre-basic 1 and Pre-basic 2 Class
Column 1 Column 2 Column 3 Column 4 Column 5
Diseases, pests, damage and defects Individual Tolerances Group Tolerances Collective Group Tolerances Allowable % surface area cover
Group I                    
Wart Disease (Synchytrium endobioticum (Schilb.)) NIL               
Potato Tuber Eelworm (Ditylenchus destructor Thorne) NIL               
Potato Cyst Nematode (Globodera species infesting potatoes) NIL               
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck & Kotth.) Davis et al.) NIL               
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.) NIL               
Potato Tuber Moth (Phthorimaea operculella (Zell)) NIL               
Potato Spindle Tuber Viroid NIL               
Colorado Beetle (Leptinotarsa decemlineata (Say)) NIL               
Group II                    
Blight (Phytophthora infestans (Mont.) de Bary) 0.1% 0.2% 4.0%     
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp. atroseptica (Hellmers & 0.05% 0.2% 4.0%     
Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both 0.2% 0.2% 4.0%     
Gangrene (Phoma species)/ Dry Rot (Fusarium species)/ Wet Rot 0.1% 0.2% 4.0%     
Frost damaged tubers 0.1% 0.2% 4.0%     
Group III                    
Skin Spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis) 0.2% 3.0% 4.0% 12.5%
Black Scurf (Rhizoctonia solani Kuhn) 0.5% 3.0% 4.0% 12.5%
Common Scab (Streptomyces species) 3.0% 3.0% 4.0% 25.0%
Powdery Scab (Spongospora subterranea (Wallr) Lagerh) 0.5% 3.0% 4.0% 12.5%
Group IV           4.0%     
Blemishes such as damaged or misshapen tubers 1.0%               
Group V                    
Dirt or other extraneous matter 1.0%               

Note: The collective group tolerance in Column 4 applies to Groups II, III and IV in Column 1.


Table III VTSC Class and Eqivalent (Northern Ireland and other parts of the UK)
Column 1 Column 2 Column 3 Column 4 Column 5
Diseases, pests, damage and defects Individual Tolerances Group Tolerances Collective Group Tolerances Allowable % surface area cover
Group I                    
Wart Disease (Synchytrium endobioticum (Schilb.)) NIL               
Potato Tuber Eelworm (Ditylenchus destructor Thorne) NIL               
Potato Cyst Nematode (Globodera species infesting potatoes) NIL               
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck & Kotth.) Davis et al.) NIL               
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.) NIL               
Potato Tuber Moth (Phthorimaea operculella (Zell)) NIL               
Potato Spindle Tuber Viroid NIL               
Colorado Beetle (Leptinotarsa decemlineata (Say)) NIL               
Group II                    
Blight (Phytophthora infestans (Mont.) de Bary) 0.2% 0.5% 4.0%     
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp. atroseptica (Hellmers & Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both 0.05% 0.5% 4.0%     
Soft/Wet Rot 0.2% 0.5% 4.0%     
Dry Rot (Fusarium species) 0.4% 0.5% 4.0%     
Gangrene (Phoma species) 0.4% 0.5% 4.0%     
Frost damaged tubers 0.2% 0.5% 4.0%     
Group III                    
Skin Spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis) 0.5% 3.0% 4.0% 12.5%
Black Scurf (Rhizoctonia solani Kuhn) 1.5% 3.0% 4.0% 25.0%
Common Scab (Streptomyces species) 3.0% 3.0% 4.0% 25.0%
Powdery Scab (Spongospora subterranea (Wallr) Lagerh) 1.5% 3.0% 4.0% 12.5%
Group IV                    
Blemishes such as damaged or misshapen tubers 2.0%      4.0%     
Group V                    
Dirt or other extraneous matter 1.0%               

Note: The collective group tolerance in Column 4 applies to Groups II, III and IV in Column 1


Table IV Basic Seed Potatoes other than VTSC class and equivalent (Northern Ireland and other parts of the UK)
Column 1 Column 2 Column 3 Column 4 Column 5
Diseases, pests, damage and defects Individual Tolerances Group Tolerances Collective Group Tolerances Allowable % surface area cover
Group I                    
Wart Disease (Synchytrium endobioticum (Schilb.)) NIL               
Potato Tuber Eelworm (Ditylenchus destructor Thorne) NIL               
Potato Cyst Nematode (Globodera species infesting potatoes) NIL               
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck & Kotth.) Davis et al.) NIL               
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.) NIL               
Potato Tuber Moth (Phthorimaea operculella (Zell)) NIL               
Potato Spindle Tuber Viroid NIL      
Colorado Beetle (Leptinotarsa decemlineata (Say)) NIL               
Group II                    
Blight (Phytophthora infestans (Mont.) de Bary) 0.2% 0.5% 4.0%     
Blackleg (Erwinia carotovora (Jones)) Bergey et al. ssp. atroseptica (Hellmers &Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both 0.2% 0.5% 4.0%     
Soft/Wet Rot 0.2% 0.5% 4.0%     
Dry Rot (Fusarium species) 0.4% 0.5% 4.0%     
Gangrene (Phoma species) 0.4% 0.5% 4.0%     
Frost damaged tubers 0.2% 0.5% 4.0%     
Group III                    
Skin Spot (Polyscytalum pustulans (Owen & Wakefield) (M. B. Ellis) 2.0% 4.0% 4.0% 12.5%
Black Scurf (Rhizoctonia solani Kuhn) 3.0% 4.0% 4.0% 25.0%
Common Scab (Streptomyces species) 4.0% 4.0% 4.0% 25.0%
Powdery Scab (Spongospora subterranea (Wallr) Lagerh) 3.0% 4.0% 4.0% 12.5%
Group IV                    
Blemishes such as damaged or misshapen tubers 2.0%      4.0%     
Group V                    
Dirt or other extraneous matter 1.0%               

Note: The collective group tolerance in Column 4 applies to Groups II, III and IV in Column 1.


Table V Basic Seed Potatoes produced outside the UK
Column 1 Column 2 Column 3 Column 4 Column 5
Diseases, pests, damage and defects Individual Tolerances Group Tolerances Collective Group Tolerances Allowable % surface area cover
Group I                    
Wart Disease (Synchytrium endobioticum (Schilb.)) NIL               
Potato Tuber Eelworm (Ditylenchus destructor Thorne) NIL               
Potato Cyst Nematode (Globodera species infesting potatoes) NIL               
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck & Kotth.) Davis et al.) NIL               
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.) NIL               
Potato Tuber Moth (Phthorimaea operculella (Zell)) NIL               
Potato Spindle Tuber Viroid NIL               
Colorado Beetle (Leptinotarsa decemlineata (Say)) NIL               
Group II                    
Dry Rot (Fusarium species) and Wet Rot 0.5%      6.0%     
Group III                    
Common Scab (Streptomyces species) 5.0%      6.0% 33.3%
Group IV                    
Blemishes such as damaged or misshapen tubers 3.0%      6.0%     
Group V                    
Dirt or other extraneous matter 2.0%               



SCHEDULE 7
Regulations 15, 16(a) and (b)


Particulars to be specified in a sale note, etc.


Pre-basic seed potatoes
     1. Name and address of the seller

Net weight

Variety

Genetically modified (if appropriate)

Pre-basic seed potatoes

Class

Size

Grower's number

Particulars of any chemical treatment.

Basic seed potatoes
     2. Name and address of the seller

Net weight

Variety

Genetically modified (if appropriate)

Basic seed potatoes

Class

Community grade

Size

Grower's number

Particulars of any chemical treatment.



SCHEDULE 8
Regulation 18(3)


Sampling Procedures


     1. If the bulk consists of seed potatoes - 

it shall be so divided that each consignment or, as the case may be, the quantity of seed potatoes associated with each such certificate, constitutes a separate lot and each lot shall be separately sampled.

     2. Where the total quantity of seed potatoes being sampled separately does not exceed 50 kg all the seed potatoes shall be examined.

     3.  - (1) Where the total quantity exceeds 50 kg all the seed potatoes in a sample selected as set out in paragraphs (2) and (3) shall be examined.

    (2) Where seed potatoes are packed in packages or containers (other than sacks or bags) of 50 kg or less or in sacks and bags:

    (3) Where seed potatoes are packed in packages or containers (other than sacks or bags) of more than 50 kg or unpacked:



SCHEDULE 9
Regulation 19(3)(b)


Measures to prevent spread, by means of seed potatoes, of disease or pests


(a) The dressing or re-dressing of seed potatoes;

(b) The replacing of seed potatoes in a different package or container;

(c) The destruction of any packages or containers which appear to have been in contact with seed potatoes affected by disease;

(d) The disposal, as set out in the notice, of the seed potatoes for a use other than as seed potatoes;

(e) The destruction of seed potatoes as set out in the notice;

(f) The cleaning and disinfection of premises and equipment as set out in the notice;

(g) The disinfection of seed potatoes as set out in the notice on premises set out therein.



SCHEDULE 10
Regulation 24


Revocations


Title Reference
Seed Potatoes Regulations (Northern Ireland) 1981 S.R. 1981 No. 243
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1983 S.R. 1983 No. 244
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1985 S.R. 1985 No. 2
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1991 S.R. 1991 No. 397
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1993 S.R. 1993 No. 372
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1994 S.R. 1994 No. 459
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1996 S.R. 1996 No. 242
Seed Potatoes (Amendment) Regulations (Northern Ireland) 1997 S.R. 1997 No. 402



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations consolidate, with amendments, the Seed Potatoes Regulations (Northern Ireland) 1981 (S.R. 1981 No. 243) as amended.

They regulate the production with a view to the classification and marketing of seed potatoes and give effect to Directive 66/403/EEC (O.J. No. L125, 11.7.66, p. 154) as amended by Directives - 

They also give effect to Commission Decision 93/231/EEC (O.J. No. L106, 30.4.93, p.13) authorising in respect of the marketing of seed potatoes in all or part of the territory of certain member States more stringent measures against certain diseases than are provided for in Annexes I and II to Directive 66/403/EEC.

The Regulations make provision - 

The Regulations - 

A contravention of, or failure to comply with, these Regulations is an offence under section 3 of the Seeds Act (Northern Ireland) 1965, as amended, for which the penalty, on summary conviction, is a fine not exceeding level 5 on the standard scale (currently £5000).


Notes:

[1] Formerly the Department of Agriculture for Northern Ireland: see S.I. 1999/283 (N.I. 1), Article 3(4)back

[2] 1965 c. 22 N.I.; sections 1 and 2 were amended by section 10 of the Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1970 (1970 c. 20 (N.I.)) and by S.R. & O. (N.I.) 1972 No. 351; section 2 was also amended by S.R. 1977 No. 295; section 12(1) was amended by S.R. & O. (N.I.) 1972 No. 351back

[3] S.I. 1984/702 (N.I. 2)back

[4] S.I. 1972/1811back

[5] 1972 c. 68back

[6] O.J. No. L106, 30.4.93, p. 7back

[7] O.J. No. L117, 8.5.90, p. 15; as last amended by Commission Decision 98/294/EC, O.J. No. L131, 5.5.98, p. 33back

[8] O.J. No. L106, 30.4.93, p. 13back

[9] 1967 c. 28 (N.I.)back

[10] S.R. 1993 No. 256 as amended by S.R. 1995 No. 164, No. 250 and No. 494, S.R. 1996 No. 204 and No. 249, S.R. 1997 No. 110 and No. 397, S.R. 1998 No. 16, No. 107, No. 146 and No. 315, S.R. 1999 No. 1, No. 24 and No. 212, S.R. 2000 No. 108 and No.126 and S.R. 2001 No. 32back

[11] 1954 c. 33 (N.I.)back

[12] O.J. No. L225, 12.10.1970, p. 1 (English Special Edition Supplement Series 1 (66-70) p. 36); as last amended by Council Directive 98/96/EC (O.J. No. L25, 1.2.1999, p. 27)back

[13] O.J. No. L125, 11.7.1966, p. 154back

[14] O.J. No. L25, 1.2.1999, p. 27back

[15] S.R. 1985 No. 1 as amended by S.R. 1987 No. 89 and S.R. 1990 No. 323back

[16] S.I. 1982/844; amended by S.I. 1985/1529, 1989/1314, 1990/1353, 1992/1615 and 1998/2726back



ISBN 0-337-23680-1


  © Crown copyright 2001

Prepared 9 May 2001


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