Paragraph 3 Restrictions on the planting of potatoes in the protected regionI1

England and Wales

(1)

A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes in the protected region other than—

(a)

potatoes which may be marketed in the protected region under the Seed Potatoes Regulations; or

(b)

one year's direct progeny of the potatoes referred to in paragraph (a), where that direct progeny has been grown by that person.

(2)

Any person who is involved in the planting of potatoes in the protected region must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a)

their official labels;

(b)

the invoices and delivery notes for the potatoes;

(c)

in the case of potatoes marketed or marketable under the Seed Potatoes Regulations or potatoes which are their direct progeny and have been produced by the certificate holder, the certificate of classification.

(3)

Sub-paragraphs (1) and (2) do not apply where—

(a)

the area to be planted is less than 0.1 of a hectare; or

(b)

the area is intended for the production of early potatoes.

F1(3A)

In sub-paragraphs (1) and (2), “protected region” has the meaning given in regulation 2(1) of the Seed Potatoes (England) Regulations 2015.

(4)

In sub-paragraph (3)(b), “early potatoes” means potatoes which are harvested before they are completely mature and marketed immediately after they have been harvested, and the skins of which can be easily removed without peeling.

Annotations

Textual amendments

F1: Sch. 2 para. 3(3A) inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(a)

Commencement

I1: Sch. 2 para. 3 in force at 14.1.2020, see reg. 1(1)