# The Potato Industry Development Council Order 1997, Article 2: Interpretation


(1) In this Order, unless the context otherwise requires—
“the Act” means the Industrial Organisation and Development Act 1947;
“commission agent” means a person who acts on behalf of another and is paid—
(a) a previously agreed sum related to the amount of money involved in the principal transaction,
(b) a fixed sum related to the weight of potatoes bought or delivered, or
(c) a fixed sum related to the area of potatoes grown;
“the Council” means the Potato Industry Development Council established under the provisions of this Order;
“first point of sale” means the point at which a person carrying on business in the industry takes delivery of potatoes, with or without the exchange of monies, as a first purchaser;
“first purchaser” means a person (including a commission agent, a co-operative or a co-operative owned by growers) carrying on business in the industry who buys or who takes delivery as an agent of 100 tonnes or more of potatoes a year where those potatoes have not previously been sold or delivered to an agent;
“the industry” means the activities of persons in growing, selling, purchasing or in any way dealing in potatoes, whether raw or processed, in Great Britain by way of business;
“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
“potatoes” means—
(i) tubers of Solanum tuberosum L and any part thereof, and
(ii) other tuber-forming species or hybrids of the genus Solanum, produced or in the course of production in Great Britain for any purpose;
“processing” in relation to raw potatoes means an operation carried out upon raw potatoes which includes—
(a) peeling, slicing, heating, pasteurising, canning, freezing, drying, chilling or any other similar operation which alters the raw product, and
(b) grading and packing them for sale;
and processed shall be construed accordingly;
“producer” means a person who grows one hectare or more of potatoes per year, including seed potatoes, by way of business for the purpose of selling them, either as seed potatoes or in raw or processed form;
“producer/merchant” means a producer who in addition to selling his own produce also buys in and sells the produce of others;
“producers' co-operative” means a co-operative where 51% or more of the shares are owned by producers; and
“take delivery” means to take into a person’s possession or control, including where he does not take physical possession.
(2) For the purposes of this Order, where a person produces potatoes, processes them or arranges for them to be processed and then sells the processed product he shall be treated as selling the potatoes at the time that he sells the processed product.
(3) For the purposes of this Order, the quantity of potatoes which a person shall be treated as selling shall be the quantity after the stones and soil have been removed from them.
(4) For the purposes of this Order, unless the context otherwise requires—
(a) any reference to a numbered article and paragraph or Schedule is a reference to the article and paragraph or Schedule so numbered in this Order, and
(b) any reference in an article to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference occurs.

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Source: https://www.legislation.gov.uk/uksi/1997/266/article/2 (the official version)
Page: https://openlegislation.uk/potato-industry-development-council-order-1997/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.