{
  "url": "https://openlegislation.uk/draft-plant-health-eu-exit-scotland-amendment-etc-regulations-2019/schedule-4",
  "json_url": "https://openlegislation.uk/draft-plant-health-eu-exit-scotland-amendment-etc-regulations-2019/schedule-4.json",
  "legislation": "sdsi/2019/9780111041376",
  "legislation_title": "The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-plant-health-eu-exit-scotland-amendment-etc-regulations-2019",
  "path": "schedule/4",
  "kind": "schedule",
  "number": "4",
  "heading": null,
  "text": "“SCHEDULE 17\nPotato brown rot\nArticle 39(6)\nInterpretation\n1. In this Schedule—\n“certified seed potatoes” means pre-basic seed potatoes or basic seed potatoes as defined by regulation 2(1) of the Seed Potatoes Regulations;\n“contaminated” means designated by an inspector as contaminated pursuant to paragraph 9(c)”;\n“first growing year”, in the case of measures to be taken in relation to a contaminated place of production, means the first growing year following the growing year in which the contaminated place of production is designated as contaminated pursuant to paragraph 9E(c)”;\n“notice”, in Parts A to C, means a notice under article 32;\n“object” means any machinery, vehicle, vessel, store or other object, including packaging material;\n“probably contaminated” means determined by an inspector as probably contaminated pursuant to paragraph 9(d) or 10(c);\n“susceptible material” means plants (including tubers), other than true seed, of Solanum tuberosum L. or plants, other than fruit or seeds, of Solanum lycopersicum L.\n“zone” means any area in Scotland, including any individual premises.\nPART A\nSpecial measures for the control of Potato brown rot\nOfficial surveys and testing\n2. The Scottish Ministers must ensure that annual systematic official surveys are carried out to identify the presence of Potato brown rot on susceptible material originating in Scotland.\n3. Those surveys must be based on a risk assessment to identify other possible sources of contamination threatening the production of susceptible material and include targeted official surveys in production areas, based on the relevant risk assessment, to identify the presence of Potato brown rot on—\n(a) relevant material, other than susceptible material;\n(b) surface water which is used for irrigation or spraying of susceptible material; and\n(c) liquid waste discharged from industrial processing or packaging premises handling susceptible material.\n4. Those surveys must also be based on the biology of Potato brown rot and the relevant production systems and must include—\n(a) in the case of susceptible material comprising plants of Solanum tuberosum L., visual inspection of the growing crop, at appropriate times, or the sampling of both seed and other potatoes in the growing season or in store, which must include official visual inspection by cutting of tubers;\n(b) in the case of seed potatoes and, where appropriate, other potatoes, official testing of samples using the method set out in EPPO PM 7/21;\n(c) in the case of susceptible material comprising plants of Solanum lycopersicum L., visual inspection, at appropriate times, of at least the growing crop of plants intended for replanting for professional use;\n(d) for host plants, other than susceptible material, and for water including liquid waste, official testing.\n5. The collection of samples for the purposes of paragraph 4 must be based on sound scientific and statistical principles and the biology of Potato brown rot and take into account relevant potato production systems of susceptible material and other host plants of Potato brown rot.\n6. Where the presence of Potato brown rot is suspected, the Scottish Ministers must ensure that—\n(a) official testing is carried out to confirm or refute its presence—\n(i) in the case of susceptible material, using the method set out in EPPO PM 7/21;\n(ii) in any other case, using any officially approved method;\n(b) pending the confirmation or refutation of its presence, where suspect diagnostic visual symptoms of Potato brown rot have been seen and a positive result in a rapid screening test has been obtained or a positive result in the screening tests referred to in EPPO PM 7/21—\n(i) the movement of all plants and tubers from all crops, lots or consignments from which the samples have been taken, other than those which are under official control, is prohibited, except where it has been established that there is no identifiable risk of Potato brown rot spreading;\n(ii) steps are taken to trace the origin of the suspected occurrence; and\n(iii) additional appropriate precautionary measures based on the level of estimated risk are taken to prevent any spread of Potato brown rot.\n7. A notice may contain measures for the purposes of paragraph 6(b)(i) to (iii).\nPART B\nMeasures to be taken following confirmation of the presence of Potato brown rot\n8. If the presence of Potato brown rot is confirmed following official testing carried out pursuant to paragraph 6, the Scottish Ministers must ensure that the actions specified in paragraphs 9 to 11 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.\n9. In the case of susceptible material, the actions are—\n(a) an investigation by an inspector to determine the extent and the primary sources of the contamination, which includes investigation of the following—\n(i) potatoes which are growing or have been harvested that are clonally related to any contaminated potatoes;\n(ii) tomatoes which are growing or have been harvested that are from the same source as any contaminated tomatoes;\n(iii) potatoes or tomatoes which are growing or have been harvested that are under official control and are suspected to be contaminated with Potato brown rot;\n(iv) potatoes which are growing or have been harvested that are clonally related to any potatoes that have been grown on the contaminated place of production;\n(v) potatoes or tomatoes which are growing nearby the contaminated place of production, including those sharing production equipment and facilities directly or through a common contractor;\n(vi) surface water used for irrigation and spraying from any source confirmed or suspected to be contaminated with Potato brown rot;\n(vii) surface water used for irrigation and spraying from a source used in common with the contaminated and probably contaminated places of production;\n(viii) places of production which are flooded or have been flooded with contaminated or probably contaminated surface water;\n(ix) surface water used for irrigation or spraying of the contaminated place of production or flooded fields at the contaminated place of production;\n(b) further official testing, including on all clonally related seed potato stocks;\n(c) the designation of the following as contaminated by an inspector—\n(i) the susceptible material and consignment or lot from which the sample was taken;\n(ii) any objects which have been in contact with that sample;\n(iii) any unit or field of protected crop production and any place of production of the susceptible material from which the sample was taken;\n(d) a determination by an inspector of the extent of probable contamination through pre- or post-harvest contact, through production, irrigation or spraying links or through clonal relationship;\n(e) the demarcation of a zone by an inspector on the basis of the designation under sub-paragraph (c), the determination made under sub-paragraph (d) and the possible spread of Potato brown rot having regard to the relevant factors\n10. In the case of host plants, other than susceptible material, where the production of susceptible material is identified to be at risk by an inspector, the actions are—\n(a) an investigation by an inspector to determine the extent and the primary sources of the contamination; which includes investigation of the things referred to in paragraph 9(a)(i) to (ix);\n(b) the designation by an inspector of host plants from which the sample was taken as contaminated;\n(c) a determination of the probable contamination by an inspector;\n(d) the demarcation of a zone by an inspector on the basis of the designation under sub-paragraph (b), the determination made under sub-paragraph (c) and the possible spread of Potato brown rot having regard to the relevant factors\n11. In the case of surface water and associated wild solanaceous host plants where production of susceptible material is identified by an inspector to be at risk through irrigation, spraying or flooding of surface water, the actions are—\n(a) an investigation by an 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;\n(b) the designation of surface water from which the sample was taken by an inspector, to the extent appropriate and on the basis of the investigation under sub-paragraph (a);\n(c) a determination by an inspector of the probable contamination on the basis of the designation made under sub-paragraph (b);\n(d) the demarcation of a zone by an inspector on the basis of the designation under sub-paragraph (b), the determination made under sub-paragraph (c) and the possible spread of Potato brown rot having regard to the relevant factors.\n12. The “relevant factors” are—\n(a) for the purposes of paragraphs 9 and 10—\n(i) the proximity of other places of production growing susceptible material;\n(ii) the common production and use of seed potato stocks;\n(iii) places of production using surface water for irrigation or spraying of susceptible material where there is or has been a risk of surface water run-off from the contaminated place of production;\n(b) for the purposes of paragraph 11—\n(i) places of production producing susceptible material adjacent to, or which are at risk from flooding by, contaminated surface water;\n(ii) any discrete irrigation basin associated with the contaminated surface water;\n(iii) water bodies connected with the contaminated surface water having regard to the direction and rate of flow of the contaminated surface water and the presence of wild solananceous host plants.\nPART C\nSusceptible material or objects contaminated or probably contaminated with Potato brown rot\n13. No person may knowingly plant or knowingly cause or permit to be planted—\n(a) any contaminated susceptible material; or\n(b) any probably contaminated susceptible material.\n14. Where susceptible material or any object has been designated as contaminated or possibly contaminated under Part B, an inspector must serve a notice requiring that—\n(a) in the case of contaminated susceptible material, the material must be subjected to an officially approved disposal method that ensures that there is no identifiable risk of Potato Brown rot spreading;\n(b) in the case of probably contaminated susceptible material, the material must be used or disposed of by an officially approved disposal method that ensures that there is no identifiable risk of Potato Brown rot spreading;\n(c) in the case of a contaminated object or a possibly contaminated object, the object must be—\n(i) disposed of by destruction; or\n(ii) cleansed and disinfected so that there is no identifiable risk of Potato brown rot\nsurviving or spreading.\n15. Anything cleansed and disinfected in accordance with paragraph 14(c)(ii) must no longer be treated as contaminated for the purposes of this Schedule.\nMeasures which may be required in relation to a contaminated place of production\n16. An inspector must serve the following notices in relation to a contaminated place of production which is in a zone demarcated by an inspector under Part B—\n(a) in the case of a contaminated field or unit of protected crop production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;\n(b) in the case of a field which is not contaminated and, where the inspector is satisfied that the risk of volunteer potato and tomato plants and other naturally-found host plants of Potato brown rot has been eliminated, a notice containing the third set of eradication measures.\n17. The first set of eradication measures are—\n(a) the measures to be taken in the field or the unit from the date of receipt of the notice and for at least four growing years from the start of the first growing year so as to eliminate any volunteer potato and tomato plants and other host plants, including solanaceous weeds, of Potato brown rot;\n(b) a prohibition on the planting of any of the following in the field or the unit during that period—\n(i) potato tubers, plants or true seeds;\n(ii) tomato plants or seeds;\n(iii) taking into account the biology of Potato brown rot, other host plants or plants of the species Brassica for which there is a risk of Potato brown rot surviving;\n(iv) crops for which there is a risk of Potato brown rot spreading;\n(c) a requirement that in the first potato, or tomato cropping season following that period only potatoes for ware production be planted in the field or the unit, provided that the field or the unit has been found free, during official inspections, from volunteer potato and tomato plants and other host plants, including solanaceous weeds, for at least the two consecutive growing years prior to planting; and that harvested tubers or tomato plants be subjected to official testing using the method set out in EPPO PM 7/21;\n(d) a requirement that an appropriate rotation cycle be applied in subsequent potato or tomato cropping seasons, which must be at least two years where potatoes are to be planted for seed production.\n18. The second set of eradication measures are—\n(a) the measures to be taken in the field or the unit from the date of receipt of the notice and for five growing years from the start of the first growing year so as to eliminate volunteer potato and tomato plants and other naturally-found host plants, including solanaceous weeds, of Potato brown rot;\n(b) a requirement that—\n(i) during the first three of those growing years, the field or the unit be maintained—\n(aa) in bare fallow;\n(bb) in cereals, if the inspector is satisfied that there is no risk of Potato brown rot spreading;\n(cc) in permanent pasture with frequent close cutting or intensive grazing; or\n(dd) as grass for seed production;\n(ii) during the fourth and fifth growing years only non-host plants of Potato brown rot for which there is no risk of Potato brown rot surviving or spreading be planted in the field or the unit; and\n(iii) a requirement that in the first potato or tomato cropping season following that period only potatoes for seed or ware production be planted, provided that the field or the unit has been found free from volunteer potato and tomato plants and other host plants, including solanaceous weeds, during official inspections of Potato brown rot, for at least the two consecutive growing years prior to planting, and that harvested tubers or tomato plants be subjected to official testing using the method set out in EPPO PM 7/21.\n19. The third set of eradication measures are—\n(a) a requirement that from the date of receipt of the notice and for the first growing year no host plants of Potato brown rot be planted or only the following potatoes and tomato plants be planted in the field—\n(i) certified seed potatoes for ware production;\n(ii) tomato plants grown from seed which meets the requirements of Directive 2000/29/EC, for fruit production;\n(b) a requirement that, if potatoes are to be planted in the first subsequent growing year, only the following potatoes be planted for seed or ware production in that year—\n(i) certified seed potatoes;\n(ii) seed potatoes officially tested for the absence of Potato brown rot and grown under official control at a place of production which is not contaminated;\n(c) a requirement that, if tomato plants are to be planted in the first subsequent growing year, only the following tomato plants be planted for plant or fruit production in that year—\n(i) tomato plants grown from seed which meets the requirements of Directive 2000/29/EC;\n(ii) if vegetatively propagated, tomato plants grown from seed which meets the requirements of Directive 2000/29/EC and grown under official control at a place of production which is not contaminated;\n(d) a requirement, in the case of potatoes, that in the second subsequent growing year and any other subsequent growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production in the field;\n(e) a requirement, in the case of tomatoes, that during the second subsequent growing year and any other subsequent growing year, only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or if, vegetatively propagated, tomato plants grown from seed which meets the requirements of Directive 2000/29/EC and grown under official control be planted for plant or fruit production in the field;\n(f) the measures to be taken in the field from the date of receipt of the notice to the end of the growing year specified in the notice so as to eliminate volunteer potato plants, and naturally-found host plants, of Potato brown rot;\n(g) official inspections of growing crops at appropriate times and official testing of harvested potatoes in accordance with the method set out in EPPO PM 7/21.\n20. Except where the Scottish Ministers have published a notice under Part D, a notice in relation to a contaminated place of production must—\n(a) require for a specified period that all machinery and storage facilities at the place of production which are used for potato or tomato production be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot spreading;\n(b) prohibit any irrigation or spraying programme at the place of production or specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.\n21. The measures which may be specified in a notice under paragraph 16 or 20 may be included in a notice with other appropriate measures.\nAdditional measures applicable in relation to units of protected crop production\n22. Where it is possible to replace all of the growing medium in a contaminated unit of protected crop production, no person may plant in the unit any potato tubers, plants or true seeds, tomato plants or seeds or other host plants of Potato brown rot without the written authorisation of an inspector.\n23. An inspector may not grant an authorisation under paragraph 22 unless—\n(a) all of the measures to eliminate Potato brown rot and to remove all host plants of Potato brown rot which are specified in a notice in relation to the place of production in which the unit is situated have been complied with;\n(b) the growing medium in the unit has been completely changed; and\n(c) the unit and all of the equipment used on the unit has been cleansed and disinfected to eliminate Potato brown rot and remove all host plant material.\n24. An authorisation under paragraph 22 may—\n(a) in relation to potato production, specify that only certified seed potatoes or mini-tubers or micro-plants derived from officially tested sources may be used in the production;\n(b) in relation to tomato production, specify that only seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from seed which meets the requirements of Directive 2000/29/EC and grown under official control, may be used in the production;\n(c) prohibit any irrigation or spraying programme at the place of production;\n(d) specify how any irrigation or spraying programme at the place of production must be carried out for the purpose of preventing the spread of Potato brown rot.\nPART D\nDemarcation of zones for the control of Potato brown rot\n25. This Part applies where an inspector has demarcated a zone in relation to a confirmed finding of Potato brown rot under Part B.\n26. The Scottish Ministers may, by notice, specify—\n(a) how long the zone is to remain demarcated;\n(b) the measures which apply in the demarcated zone.\n27. A notice under paragraph 26—\n(a) must be in writing;\n(b) must describe the extent of the demarcated zone;\n(c) must specify in relation to each measure whether it applies generally or to an area of surface water in the demarcated zone;\n(d) must specify the date on which each measure takes effect;\n(e) must be published in a manner appropriate to bring it to the attention of the public; and\n(f) may be amended, suspended or revoked, in whole or in part, by further notice.\n28. Any premises which are partly within and partly outside a demarcated zone must be treated as within that zone for the purposes of this Schedule, except where the part which is outside the demarcated zone is not in Scotland.\n29. A notice published in accordance with paragraph 27 is to be treated as having been served on—\n(a) any occupier or other person in charge of any premises within the demarcated zone;\n(b) any person who—\n(i) has a right to use any contaminated surface water;\n(ii) has any contaminated surface water on premises within the demarcated zone which the person occupies or is in charge of; and\n(c) any person who operates machinery or carries out any other activity in relation to the production of potatoes or tomatoes within the demarcated zone.\n30. A notice under paragraph 26 must specify that—\n(a) any machinery or storage facilities at premises within the demarcated zone which are used for growing, storing or handling potato tubers or tomatoes within the zone, or any premises within the zone from which machinery for potato or tomato production is operated under contract, must be cleansed and, where appropriate, disinfected so that there is no identifiable risk of Potato brown rot surviving or spreading;\n(b) in the case of potato crops, during the specified period only certified seed potatoes or seed potatoes grown under official control may be planted;\n(c) during the specified period potatoes intended for planting must be handled separately from all other potatoes at premises within the zone or that a system of cleansing and, where appropriate, disinfection must be carried out between the handling of seed and ware potatoes;\n(d) in the case of tomato crops, during the specified period only tomato plants grown from seed which meets the requirements of Directive 2000/29/EC or, if vegetatively propagated, tomato plants produced from such seed and grown under official control may be planted;\n(e) contaminated surface water must not be used for the irrigation or the spraying of specified plant material and, where appropriate, other host plants of Potato brown rot, without the prior written authorisation of an inspector;\n(f) if liquid waste discharges have been contaminated, any waste from industrial processing or packaging premises in the zone which handle specified plant material must be disposed of under the supervision of an inspector.\n31. The Scottish Ministers may only specify—\n(a) the measures referred to in paragraph 30(a) to (d) where the zone has been demarcated for the purposes of paragraph 9;\n(b) the measures referred to in paragraph 30(e) and (f) where the zone has been demarcated for the purposes of paragraph 11.\n32. If the Scottish Ministers do not publish a notice under paragraph 26, an inspector must include those measures in a notice under paragraph 16 or 20.\n33. The Scottish Ministers must ensure that during the specified period—\n(a) premises growing, storing or handling potato tubers and premises which operate potato machinery under contract are supervised by inspectors;\n(b) an official survey is carried out in accordance with EPPO PM7/21;\n(c) a programme is established, where appropriate, for the replacement of all seed potato stocks over an appropriate period of time.\n34. For the purposes of paragraphs 30 and 33, “the specified period”, means the period specified in the notice, which must be at least three growing seasons following the year in which the relevant zone was demarcated.”",
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    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2019/9780111041376/schedule/4",
    "retrieved_at": "2026-10-30T15:32:29.497032+00:00"
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  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
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