{
  "url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019/schedule-2/paragraph-26",
  "json_url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019/schedule-2/paragraph-26.json",
  "legislation": "uksi/2019/1517",
  "legislation_title": "The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019",
  "path": "schedule/2/paragraph/26",
  "kind": "paragraph",
  "number": "26",
  "heading": "Official surveys and testing",
  "text": "(1) The Secretary of State must ensure that annual systematic official surveys are carried out in England to identify the presence of Potato brown rot on susceptible material ....\n(1A) 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.\n(1B) 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.\n(1C) The collection of samples for the purposes of sub-paragraph (1B) 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.\n(2) Where the presence of Potato brown rot is suspected, the Secretary of State must ensure that—\n(a) official testing is carried out to confirm whether it is present—\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 of its presence or the refutation of its suspected 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 has been obtained—\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.\n(3) A notice may contain measures for the purposes of sub-paragraph (2)(b)(i) to (iii).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 26(1) omitted (31.12.2020) by virtue of The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(3)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 2 para. 26(1A)-(1C) inserted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(3)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 26(2)(a)(i) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(3)(c)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 2 para. 26(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 21(3)(c)(ii)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 26 in force at 14.1.2020, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1517/schedule/2/paragraph/26",
    "retrieved_at": "2026-10-28T22:35:09.912166+00:00"
  },
  "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."
}