Statutory Instrument 1991 No. 2206

The Seed Potatoes Regulations 1991

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© Crown Copyright 1991

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1991 No. 2206

SEEDS

The Seed Potatoes Regulations 1991

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5) and (8) and 36 as read with section 38(1) of the Plant Varieties and Seeds Act 1964^[1], and now vested in them^[2] and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Extent, citation and commencement
    1.    These Regulations, which apply to Great Britain, may be cited as the Seed Potatoes Regulations 1991 and shall come into force on 11th October 1991.

Interpretation
    2.—(1)  In these Regulations, unless the context otherwise requires-

"the Act" means the Plant Varieties and Seeds Act 1964;


"authorised officer" means an officer of the Minister or a person authorised by the Minister to execute Part II of the Act;


"basic seed potatoes" means-


(a)  in relation to seed potatoes produced in Great Britain, seed potatoes in relation to which a basic seed potatoes certificate has been issued in accordance with Parts I, II and IV of Schedule 1; and


(b)  in relation to seed potatoes produced outside Great Britain, seed potatoes being a lot or part of a lot imported into Great Britain in a package or container, to or in which a label or document, approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, has been affixed or placed, stating that on examination of the potatoes they were classified as seed potatoes of a basic category in that country or place;


"basic seed potatoes certificate" means a certificate issued in accordance with Parts I, II and IV of Schedule 1;


"certificate" means a certificate issued by or on behalf of the Minister in accordance with Schedule 1 stating in respect of the seed potatoes to which it relates the particulars specified in Schedule 2;


"certified seed potatoes" means-


(a)  in relation to seed potatoes produced in Great Britain, seed potatoes in relation to which a certified seed potatoes certificate has been issued in accordance with Parts I, III and IV of Schedule 1; and


(b)  in relation to seed potatoes produced outside Great Britain, seed potatoes being a lot or part of a lot imported into Great Britain in a package or container, to or in which a label or document, approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, has been affixed or placed, stating that on examination of the potatoes they were classified as seed potatoes of a certified category in that country or place;


"certified seed potatoes certificate" means a certificate issued in accordance with Parts I, III and IV of Schedule 1;


"class" means-


(a)  in relation to seed potatoes produced in Great Britain the class in which the seed potatoes were placed during the course of classification and specified in the certificate relating to those potatoes, being, in the case of certified seed potatoes, CC class and in the case of basic seed potatoes any one of the classes specified in order of superiority in column 1 of paragraph 2 of Schedule 3; and


(b)  in relation to seed potatoes produced outside Great Britain, the class specified in a label or document approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, being a label affixed to or document contained in the package or container in which the seed potatoes are imported into Great Britain,
and "classifying" and "classified" shall be construed accordingly;


"classification" in relation to seed potatoes produced in Great Britain means classification in accordance with Schedule 1;


"lot" means an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 15;


"marketing" includes the offer for sale, exposure for sale, sale and possession with a view to sale of seed potatoes and any transaction in the course of business-


(a)  under which the property in seed potatoes is transferred from one person to another; or


(b)  under which the seed potatoes are made over by one person to another in pursuance of a contract under which the seed potatoes will be used for producing further potatoes,
and "market" and "marketed" shall be construed accordingly;


"the Minister" means as respects England, the Minister of Agriculture, Fisheries and Food and as respects Scotland or Wales, the Secretary of State;


"official document" means a document supplied by or on behalf of the Minister, in accordance with Part II of Schedule 4;


"official examination" means an examination carried out by or on behalf of the Minister;


"official label" means a label supplied by or on behalf of the Minister in accordance with Part I of Schedule 4;


"package or container" means-


(a)  any bag, box or sack, being new and not exceeding in capacity 1 tonne;


(b)  any package or container approved by the Minister, including any chitting tray, box or crate being new, or which having been previously used for any purpose, has, with the approval of the Minister, been cleaned and disinfected since being last so used;


"potato" means any tuber or part thereof or any plant or part thereof of Solanum tuberosum L. or other tuber-forming species or hybrids of Solanum;


"premises" includes any land or building other than a private dwellinghouse and also includes any vehicle, vessel, aircraft, hovercraft or freight container;


"protected region" means the whole of Scotland and the following parts of England, namely:-


the county of Northumberland excluding the districts of Blyth Valley and Wansbeck, and the county of Cumbria excluding the districts of Barrow-in-Furness and S outh Lakeland;


"scheme" means any scheme authorised by the Minister for the inspection of growing crops of potatoes;


"seed potatoes" means potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation;


"seed potatoes produced outside Great Britain" means seed potatoes produced in Belgium, Denmark, Federal Republic of Germany, France, Greece, Italy, Luxembourg, Netherlands, Portugal, Spain, Republic of Ireland, Northern Ireland, the Isle of Man, the Channel Islands or any country or place in which seed potatoes are produced in circumstances notified in writing as being acceptable to the Minister;


"size" in relation to seed potatoes means the size of the square mesh of the riddle or gauge through or by which the seed potatoes may be passed or retained; sizes over 35mm must be stated in multiples of 5mm;


"specified disease or pest" means any disease or pest specified in Schedule 5;

    (2)  Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

    (3)  Any reference in these Regulations to a tolerance in relation to potatoes comprised in a sample shall be construed-


(a)  in relation to potatoes in the sample affected by a specified disease or pest, damage or any combination of such disease or pest or damage, as a reference to the proportion of the weight of potatoes so affected in relation to the total weight of the sample, expressed as a percentage;


(b)  in relation to potatoes in the sample affected by dirt or other extraneous matter, as a reference to the proportion of the weight of such matter in relation to the total weight of the sample, expressed as a percentage.

Revocations and saving
    3.—(1)  Subject to paragraph (2), the Seed Potatoes Regulations 1984^[3], the Seed Potatoes (Amendment) Regulations 1987^[4] and the Seed Potatoes (Amendment) Regulations 1988^[5] are hereby revoked.

    (2)  Notwithstanding paragraph (1), Part III of Schedule 1 to the Seed Potatoes Regulations 1984 shall apply to seed potato crops grown in 1991.

Potatoes to which the Regulations apply
    4.—(1)  Subject to paragraph (2), these Regulations apply to seed potato crops grown in 1991 and subsequent seasons.

    (2)  Part III of Schedule 1 to these Regulations shall not apply to seed potatoes grown in 1991.

Potatoes to which the Regulations do not apply
    5.    Nothing in these Regulations shall apply to seed potatoes used or to be used for the purposes of scientific investigation under the authority of the Minister or in the course of a process of selection by or under the supervision of an authorised officer.

Marketing of seed potatoes
    6.—(1)  Subject to the provisions of regulation 21, no person shall market any seed potatoes other than basic seed potatoes or certified seed potatoes.

    (2)  Subject to the provisions of regulation 21, no person shall market any basic seed potatoes or certified seed potatoes-


(a)  which have been treated with a product which is produced primarily as an application for inhibiting germination; or


(b)  which are of a size less than 25 millimetres; or


(c)  as being of a class superior to that in which those potatoes were classifed.

Classification of seed potatoes
    7.—(1)  Basic seed potatoes produced in Great Britain shall be classified by an authorised officer into one of the following classes "VTSC1", "VTSC2", "Super Elite 1", "Super Elite 2", "Super Elite 3", "Elite 1", "Elite 2", "Elite 3" or "AA" in accordance with the requirements specified in Schedule 1 and Schedule 3.

    (2)  Certified seed potatoes produced in Great Britain shall be classified by an authorised officer in accordance with the requirements specified in Schedule 1.

    (3)  Application for classification shall be made in writing to the Minister with such information in such form and in such manner as he may require.

    (4)  The Minister may withdraw a certificate where he is reasonably satisfied that the seed potatoes covered by the certificate have not been harvested, stored or prepared for marketing so as to ensure that seed potatoes of one class and variety are kept separate from seed potatoes of any other class or variety, or from other potatoes.

Official examination of seed potatoes
    8.    Subject to the provisions of regulation 21, no person shall market any quantity of basic or certified seed potatoes which has been prepared for marketing until either it has been subjected to an official examination by an authorised officer, or that person has been notified in writing by such an officer that official examination prior to marketing is not required.

Basic and certified seed potatoes: identity and packing
    9.    Subject to the provisions of regulation 21, no person shall market basic seed potatoes or certified seed potatoes otherwise than in a lot consisting wholly of either basic seed potatoes or certified seed potatoes of one variety and of one class:

Provided that the provisions of this regulation shall be deemed to be complied with if in relation to the lot the tolerance as to varietal purity specified in regulation 17 is not exceeded.

Packages and containers for seed potatoes
    10.    Subject to regulations 16 and 21, no person shall deliver or cause to be delivered any lot of seed potatoes otherwise than in packages or containers in accordance with the provisions of these Regulations.

Basic and certified seed potatoes produced in Great Britain: labelling of packages
    11.—(1)  Subject to regulations 16 and 21, no person shall market a package or container of basic seed potatoes or certified seed potatoes produced in Great Britain otherwise than in accordance with the requirements of paragraphs (2), (3), (5) and (6) of this regulation and of regulation 14.

    (2)  Subject to paragraph (5) of this regulation, each package or container shall have affixed to the outside an official label on which there shall be correctly stated in relation to the seed potatoes in the package or container the particulars specified in paragraph 4 of Schedule 4.

    (3)  Each package or container shall contain an official document on which there shall be stated in relation to the seed potatoes in the package or container the particulars specified in paragraph 7 of Schedule 4:

Provided that no such official document shall be required where such last mentioned particulars are indelibly printed on the package or container or where the particulars referred to in paragraph (2) of this regulation are printed on a wear and tear resistant label attached to it.

    (4)  Application for official labels and official documents shall be made in writing to the Minister with such information in such form and in such manner as he may require. No person shall, in connection with the issue of an official label or an official document, supply any information which is false in a material respect.

    (5)  If a package or container shall have been re-sealed by an authorised officer in accordance with regulation 14 the official label shall state-


(a)  that the package or container has been so re-sealed;


(b)  the date of re-sealing; and


(c)  the authority responsible for re-sealing.

    (6)  Where basic seed potatoes or certified seed potatoes produced in Great Britain have been treated with any chemical product the type and function or the proprietary name of that product shall be stated on a label attached to the package or container and on a document contained in the package or container:

Provided that no such document shall be required where such statement is indelibly printed on the package or container or on a wear and tear resistant label attached to it.

    (7)  Except in accordance with the requirements of the Act or of these Regulations or of orders made under the Plant Health Act 1967^[6], no person shall in connection with the marketing or the preparation for the marketing of any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any official label or official document, any label affixed or document given in accordance with paragraph (6) of this regulation.

Basic and certified seed potatoes produced outside Great Britain: labelling of packages
    12.—(1)  Subject to regulations 16 and 21, no person shall market a package or container of basic seed potatoes or certified seed potatoes produced outside Great Britain unless there is affixed thereto a label, on which there shall be correctly stated the particulars specified in paragraph 4 of Schedule 4, and which contains a document, both of which have been approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, except that no such document shall be required where particulars approved by the said authority are indelibly printed on the package or container or on a wear and tear resistant or adhesive label attached to it.

    (2)  If a package or container shall have been resealed by an authorised officer in accordance with regulation 14, the label referred to in paragraph (1) of this regulation shall state-


(a)  that the package or container has been so re-sealed;


(b)  the date of re-sealing; and


(c)  the authority responsible for re-sealing.

    (3)  Where basic seed potatoes or certified seed potatoes produced outside Great Britain have been treated with any chemical product the type and function or the proprietary name of that product shall be stated on a label attached to the package or container and on a document contained in the package or container:

Provided that no such document shall be required where such statement is indelibly printed on the package or container or on a wear and tear resistant label attached to it.

    (4)  Except in accordance with the requirements of the Act or of these Regulations or of orders made under the Plant Health Act 1967, no person shall in connection with the marketing or the preparation for the marketing of any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed or document given in accordance with paragraph (3) of this regulation or any label or document approved by any authority concerned with classification of seed potatoes produced outside Great Britain to be affixed to or contained in a package or container of seed potatoes to which any provision of this regulation applies or any particulars or statement printed on such a package or container.

Withholding or withdrawal of official label or official document
    13.    The Minister may withhold an official label or official document or may withdraw any official label or official document in respect of any lot or any part thereof where he is reasonably satisfied that-


(a)  the seed potatoes comprised in the lot or any part thereof have not been so harvested, stored or prepared for marketing as to ensure that seed potatoes of one class or variety are kept separate from seed potatoes of any other class or variety or from other potatoes;


(b)  the lot contains seed potatoes which are of a size less than 25 millimetres which expressed as a percentage of the total weight varies by more than 1.5% from the stated minimum size;


(c)  the seed potatoes are not contained in or intended for delivery in a package or container within the meaning assigned to that expression in regulation 2(1);


(d)  any of the seed potatoes in the lot have been treated with a product which is produced primarily as an application for inhibiting germination;


(e)  the seed potatoes comprised in the lot on a sample taken exceeded any of the tolerances for diseases or pests, damage and defects specified in the appropriate part of Schedule 5;


(f)  any official label or official document already issued in respect of the seed potatoes contains any particular which is false in a material respect; or


(g)  there has been any other failure to comply with these Regulations.

Basic and certified seed potatoes: sealing of packages
    14.—(1)  Subject to paragraph (2) of this regulation and to regulations 16 and 21, no person shall market a package or container of basic seed potatoes or certified seed potatoes unless it is sealed with an unbroken sealing device.

    (2)  Where a sealing device on a package or container is broken, the package or container shall not be re-sealed with a sealing device otherwise than by or under the supervision of an authorised officer.

    (3)  For the purposes of this regulation a "sealing device" means a device applied in such a manner to a package or container that when the package or container is opened the device will be broken. An official label with a punched tie hole which is machine stitched into the mouth of a bag does not constitute a "sealing device".

Basic and certified seed potatoes: separate particulars
    15.    Subject to regulations 16 and 21, a person who sells, consigns or delivers basic seed potatoes or certified seed potatoes shall issue to the purchaser not later than 14 days after the sale, or, if the seed potatoes are not delivered at the time of the sale, not later than 14 days after delivery thereof, a sale note, delivery note, invoice or similar document specifying in relation to the seed potatoes so sold, consigned or delivered the particulars specified in Schedule 6.

Retail sales of seed potatoes
    16.    Regulations 8, 10, 11, 12, 14 and 15 shall not apply to-


(a)  a sale by retail of a quantity of less than 50 kg of seed potatoes in circumstances where at the time of sale there shall have been displayed conspicuously on or in close proximity to the seed potatoes a statement of the particulars specified in Schedule 6; or


(b)  a sale by retail of a quantity of less than 50 kg of seed potatoes in new containers upon each of which has been printed, or otherwise legibly and indelibly marked, or attached to or inserted in each of which is a label marked with the particulars specified in Schedule 6.

Tolerances for size and varietal purity
    17.—(1)  Where the size of the seed potatoes being marketed is stated pursuant to any of the provisions of these Regulations, the size of the seed potatoes shall be deemed to be correct-


(a)  if in the case of seed potatoes produced in Great Britain the percentage of the total weight of the potatoes to which the statement refers-


(i)  consisting of potatoes smaller than the minimum size stated; and


(ii)  consisting of potatoes larger than the maximum size stated,
does not exceed 2%;


(b)  if in the case of seed potatoes produced outside Great Britain the percentage of the total weight of the potatoes to which the statement refers-


(i)  consisting of potatoes smaller than the minimum size stated does not exceed 3%; and


(ii)  consisting of potatoes larger than the maximum size stated does not exceed 3%.

    (2)  Where particulars of the variety of seed potatoes being marketed are stated pursuant to any provision of these Regulations, a tolerance as to varietal purity shall apply to the effect that the particulars shall not be held to be incorrectly stated by reason only that of the total number of potatoes to which the statement refers-


(a)  in the case of basic seed potatoes, not more than 0.1%; and


(b)  in the case of certified seed potatoes, not more than 0.2%,
of such total number consists of potatoes in relation to which any of the particulars so stated do not apply.

Sampling of seed potatoes
    18.—(1)  A sample of seed potatoes required for the purposes of these Regulations shall be taken by an authorised officer in accordance with the provisions of this regulation.

    (2)  Where a sample is so required in connection with classification of seed potatoes an authorised officer may take a sample of potatoes of such quantity or number and from such part or parts of the growing or harvested crop as he may think expedient.

    (3)  Where a sample is so required otherwise than as mentioned in paragraph (2) of this regulation an authorised officer shall take the sample in accordance with Schedule 7.

Prevention of marketing of sub-standard potatoes and the prevention of spread of disease by marketing of potatoes
    19.—(1)  Where in the course of any official examination of seed potatoes an authorised officer is satisfied that-


(a)  in relation to the seed potatoes, any requirement specified in these Regulations has not been so met; or


(b)  the seed potatoes exceed any of the tolerances for diseases or pests, damage and defects specified in the appropriate part of Schedule 5,
the authorised officer may serve a notice on the person in whose possession or charge the potatoes appear to be informing him accordingly and requiring him-


(i)  not to move or permit or cause to be moved the seed potatoes specified in the notice from the premises specified in the notice except in accordance with the written consent of an authorised officer; or


(ii)  to move or permit or cause to be moved such seed potatoes within the time specified in the notice to such premises as may be so specified and thereafter not to move or permit or cause to be moved the said potatoes from those premises except as aforesaid.

    (2)  A notice served on a person by an authorised officer under paragraph (1) of this regulation may require that person to carry out on such premises at such time, within such period and in accordance with such methods as may be specified in the notice, such measures as may be specified being measures which in the opinion of the authorised officer are necessary-


(a)  to ensure that the requirements specified in these Regulations are met; or


(b)  to prevent the spread of any of the specified diseases or pests by means of the seed potatoes.


Such measures include in particular but without prejudice to that generality any one or more of the measures specified in Schedule 8.

    (3)  The measures specified in any notice under paragraph (2) of this regulation shall-


(a)  not be varied except by or in accordance with the written consent of an authorised officer;


(b)  be carried out to the satisfaction of an authorised officer by and at the expense of the person on whom the notice has been served.

    (4)  Where in the course of an official examination an authorised officer is of the opinion that any seed potatoes are affected by any specified disease or pest or damage, the authorised officer may serve on the person in whose possession or charge the potatoes appear to be a notice making any requirement and specifying any measure which may be made or specified under paragraph (2) of this regulation:

Provided that in any such notice there shall be specified a period not exceeding 14 days beginning with the date of service of the notice during which the potatoes shall not be moved from the premises specified in the notice except in accordance with the written consent of an authorised officer.

    (5)  Where a notice has been served under paragraph (1) or (4) of this regulation and until such time as the requirements of the notice have been complied with to his satisfaction, an authorised officer may remove and retain or direct the person in whose possession or charge the potatoes appear to be to remove and deliver to the authorised officer-


(a)  any official labels or official documents; or


(b)  in the case of seed potatoes produced outside Great Britain any labels or documents of the kind referred to in regulation 12(1).

    (6)  For the purposes of this regulation an authorised officer may-


(a)  in relation to the pests and diseases specified in Group III of Part I and Group V of Part II of Schedule 5 deem a potato in any such sample not to be affected by disease when in his opinion-


(i)  less than one-eighth of its surface area has been affected; and


(ii)  it has at least 2 eyes at the rose end wholly unaffected by the disease;


(b)  in relation to the pests and diseases specified in Group IV of Parts I and II of Schedule 5 deem a potato in any such sample not to be affected by disease when in his opinion-


(i)  less than one-quarter of its surface area has been affected; and


(ii)  it has at least 2 eyes at the rose end wholly unaffected by the disease;


(c)  in relation to the pests and diseases specified in Group III of Part III of Schedule 5 deem a potato in any such sample not to be affected by disease when in his opinion less than one-third of its surface area has been affected and that it has at least 2 eyes at the rose end wholly unaffected by the disease.

The exception in sub-paragraph (a) shall not apply when the disease Powdery Scab (Spongospora subterranea (Wallr.) Lagerh.) takes its cankerous form.

Information regarding seed potatoes
    20.—(1)  Any person who produces basic seed potatoes or certified seed potatoes shall maintain for a period of not less than 2 years records of purchase of seed potatoes for planting and particulars of the crops grown and of the marketing of the produce of these crops.

    (2)  Any person who markets basic seed potatoes or certified seed potatoes shall maintain for a period of not less than 2 years thereafter a record of his marketing of such seed potatoes.

    (3)  Any person who produces or markets basic seed potatoes or certified seed potatoes or otherwise has or has had basic seed potatoes or certified seed potatoes in his possession or in his charge shall if so required in writing by an authorised officer give within 7 days any information he may possess as to the person in whose possession or under whose charge they are or have been and shall produce for examination by an authorised officer any declarations, certificates, labels, records or invoices relating to the planting, classification or marketing of seed potatoes.

Exemptions
    21.    Notwithstanding any provisions of these Regulations, the Minister may exempt any person or class of person, or persons generally, from compliance with any of the requirements of these Regulations in respect of seed potatoes subject to such conditions as the Minister may think fit.

Service of notices
    22.—(1)  For the purposes of these Regulations, a notice shall be deemed to have been served on any person if it is delivered to him per sonally or left for him at his last known place of abode or business or sent through the post in a letter addressed to him there.

    (2)  A notice may-


(a)  in case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;


(b)  in the case of a partnership, be served on a partner or a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.

Extension and modification of provisions of the Act
    23.—(1)  In connection with the provisions of these Regulations the operation of the provisions aftermentioned of the Act shall be modified or excluded in accordance with the provisions of this regulation.

    (2)  Section 25^[7] shall be modified as if for the purposes of the section any reference to "premises" were a reference to premises as defined in these Regulations relating to seed potatoes and any reference to a subsection containing a reference to premises were a reference to that subsection as so modified.

    (3)  Section 25(1) shall be modified as if the reference to subsection (4) of that section were a reference to that subsection as modified by the provision of paragraph (4) of this regulation.

    (4)  In section 25(4) the words from "potatoes" (where it first occurs) to the end shall be omitted.

    (5)  In section 26, subsections (2), (4), (5), (6), (7), (8) and (9) shall be omitted.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
25th September 1991.


Trumpington

Minister of State, Ministry of Agriculture, Fisheries and Food


Strathclyde

Parliamentary Under Secretary of State, Scottish Office

24th September 1991

David Hunt

Secretary of State for Wales

30th September 1991

[1] 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c. 68), section 4(1) and paragraphs 5(1), (2) and (3) of Schedule 4 and by S.I. 1977/1112; section 16 is applied to seed potatoes by section 29(1); section 29 was amended by the European Communities Act 1972, section 4(1) and paragraph 5(4) of Schedule 4 and by S.I. 1977/1112; and section 38(1) was amended by S.I. 1978/272, Schedule 5, paragraph 10. back

[2] In the case of the Secretary of State for Wales by virtue of S.I. 1978/272. back

[3] S.I. 1984/412. back

[4] S.I. 1987/547. back

[5] S.I. 1988/1759. back

[6] 1967 c. 8. back

[7] Section 25 was amended by the European Communities Act 1972 (c. 68), Schedule 3, Part III and Schedule 4, paragraph 5(2) and by the Criminal Justice Act 1982 (c. 48), Schedule 6, paragraph 16. back

Explanatory Note