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The Seed Potatoes (Amendment) Regulations 1988

S.I. 1988/1759 · Made 10 October 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SEEDS

Made 10th October 1988

Laid before Parliament 25th October 1988

Coming into force 15th November 1988

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 on them by sections 16(1), (3) and (8) and 36 as read with section 38(1) of the Plant Varieties and Seeds Act 1964f1, and of all other powers enabling them in that behalf, after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to them to be concerned, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Seed Potatoes Regulations 1984
  3. 3Amendment of regulation 16
  4. 4Amendment of regulation 18
  5. 5Amendment of Schedule 3
  6. 6Amendment of Parts I and II of Schedule 5
  7. 7Amendment of Part III of Schedule 5
  8. Signature
  9. Schedule Schedule
  10. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Seed Potatoes (Amendment) Regulations 1988 and shall come into force on 15th November 1988.

(2)

In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in the Seed Potatoes Regulations 1984f1.

2Amendment of the Seed Potatoes Regulations 1984

The Seed Potatoes Regulations 1984 shall be amended in accordance with the following provisions of these Regulations.

3Amendment of regulation 16

In regulation 16(1)(a)(ii) (Tolerances for size and varietal purity) for the figure “3%” there shall be substituted the figure “2%”.

4Amendment of regulation 18

For regulation 18(6)(a) (Prevention of marketing of sub-standard potatoes and the prevention of spread of disease by marketing of potatoes) there shall be substituted the following:—

“(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;

(aa)

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;”.

5Amendment of Schedule 3

In Schedule 3, paragraph 2 (Classification of basic seed potatoes)—

(a)

in the entry relating to Class VTSC I and Super Elite 2 (SE2) the words “FS1 or” shall be deleted.

(b)

in the entry relating to Class Super Elite 3 (SE3) the words “FS2 or” shall be deleted.

6Amendment of Parts I and II of Schedule 5

For Part I (Specified diseases or pests, damage and defects and tolerances-potatoes other than VTSC Class produced in Great Britain) and Part II (Specified diseases or pests, damage and defects and tolerances-VTSC Class) of Schedule 5 there shall be substituted the provisions of the Schedule to these Regulations.

7Amendment of Part III of Schedule 5

(1)

In Group I in Part III (Specified diseases or pests, damage and defects and tolerances-potatoes produced outside Great Britain) of Schedule 5, for the specified disease “Ring Rot (Corynebacterium sepedonicum (Spieck. & Kotth.) Skapt. & Burkh.)” there shall be substituted “Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al.)”.

(2)

In Group I in Part III of Schedule 5 for the specified disease “Brown Rot (Pseudomonas solanacearum (E.F. Smith) E.F. Smith)” there shall be substituted “Brown Rot (Pseudomonas solanacearum (E.F. Smith) Jensen)”.

(3)

In Group II in Part III of Schedule 5 for the specified disease “Blackleg (Erwinia carotovora var atroseptica (Hellmers & Dowson) Dye)” there shall be substituted “Blackleg (Erwinia carotovora (Jones) Bergey et al.ssp. atroseptica (Hellmers & Dowson) Dye)”.

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food hereunto affixed on the 7th October 1988.

L.S.

John MacGregor

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

5th October 1988

Peter Walker

Secretary of State for Wales

10th October 1988

Provisions to be subdstituted for Parts I and II of Schedule 5 to the Seed Potatoes Regulations 1984

“SCHEDULE 5

Regulations 2(1), 12(e), 18)1)(b) and 18(6)

PART I

SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES—POTATOES (OTHER THAN VTSC CLASS) PRODUCED IN GREAT BRITAIN

Column 1Column 2Column 3Column 4
Specified diseases or pests, damage and defectsIndividual tolerancesGroup tolerancesCollective group tolerances
GROUP I
Wart Disease (Synchytrium endobioticum (Schilb.) Perc.)NIL——
Potato Tuber Eelworm (Ditylenchus destructor Thorne)NIL——
Potato Cyst Eelworm (Globodera species infesting potatoes)NIL——
Ring Rot (Clavibacater michiganensis (Smith) Davis el al. ssp.sepedonicus (Spieck. & Kotth.) Davis et al.)NIL——
Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)NIL——
Potato Tuber Moth (Phthorimaea operculella (Zell.)NIL——
Potato Spindle Tuber ViroidNIL——
Colorado Beetle (Leptinotarsa decemlineata (Say))NIL——
GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)1.0%1.0%4.0%
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp. atroseptica (Hellmers & Dowson) Dye)1.0%1.0%4.0%
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow)1.0%1.0%4.0%
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot1.0%1.0%4.0%
Dry Rot (Fusarium species)1.0%1.0%4.0%
Gengrene (Phoma species)1.0%1.0%4.0%
Frost damaged tubers1.0%1.0%4.0%
GROUP III
Skin Spot (Polyscytalum (Owen & Wakefield) M. B. Ellis)2.0%4.0%4.0%
Powdery Scab (Spongospora subterranea (Wallr.) Lageth.)3.0%4.0%4.0%
GROUP IV
Black Scurf (Rhizoctonia solant Kühn)3.0%4.0%4.0%
Common Scab (Streptomyces species)4.0%4.0%4.0%
GROUP V
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety2.0%2.0%4.0%
GROUP VI
Dirt or other extraneous matter1.0%1.0%

PART II

SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES—VTSC CLASS

Column 1Column 2Column 3Column 4
Specified diseases or pests, damage and defectsIndividual tolerancesGroup tolerancesCollective group tolerances
GROUP I
Wart Disease (Synchytrium endobioticum (Schilb.) Perc.)NIL——
Potato Tuber Eelworm (Ditylenchus destructor Thorne)NIL——
Potato Cyst Eelworm (Globodera species infesting potatoes)NIL——
Ring Rot (Clavibacater michiganensis (Smith) Davis el al. ssp.sepedonicus (Spieck. & Kotth.) Davis et al.)NIL——
Brown Rot (Pseudomonas solanacearum (E. F. Smith) Jensen)NIL——
Potato Tuber Moth (Phthorimaea operculella (Zell.)NIL——
Potato Spindle Tuber ViroidNIL——
Colorado Beetle (Leptinotarsa decemlineata (Say))NIL——
GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)0.5%1.0%4.0%
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp. atroseptica (Hellmers & Dowson) Dye)NIL1.0%4.0%
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow)0.5%1.0%4.0%
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot0.5%1.0%4.0%
Dry Rot (Fusarium species)0.5%1.0%4.0%
Gengrene (Phoma species)0.5%1.0%4.0%
Frost damaged tubers0.5%1.0%4.0%
GROUP III
Skin Spot (Polyscytalum (Owen & Wakefield) M. B. Ellis)0.5%3.0%4.0%
GROUP IV
Black Scurf (Rhizoctonia solant Kühn)1.5%3.0%4.0%
Common Scab (Streptomyces species)3.0%3.0%4.0%
GROUP V
Powdery Scab (Spongospora subterranea (Wallr.) Lageth.)1.5%3.0%4.0%
GROUP VI
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety2.0%2.0%4.0%
GROUP VII
Dirt or other extraneous matter1.0%1.0%

”

Explanatory note

(This note is not part of the Regulations)

These Regulations, which extend to Great Britain, further amend the Seed Potatoes Regulations 1984.

The main changes are—

(i)

in the case of seed potatoes produced in Great Britain, the reduction of the tolerance for stated size from 3% to 2% by weight above or below the stated size range (regulation 3).

(ii)

the reduction from one quarter to one eighth for the surface area tolerance in relation to the pests and diseases specified in Group III of Part I and Group V of Part II of Schedule 5 (regulation 4).

(iii)

the removal of the references to Classes FS1 and FS2 from the requirements in the course of classification of seed potatoes as basic seed potatoes (regulation 5).

(iv)

tighter tuber health tolerances for all classes of seed potatoes produced in Great Britain (regulation 6 and Schedule).