OpenLegislation

Paragraph 3

England and Wales

No authorisation is to be issued by an authorised officer unless that officer is satisfied that—

(a)

the seed potatoes are of a variety for which an application has been made under regulation 4(1)(a) of the National Lists Regulations for acceptance of the variety concerned on to a National List and that application has not been withdrawn or finally determined;

(b)

the land on which the seed potatoes are growing or were grown is not land which is demarcated under F1Part 3 of Schedule 2 to the Official Controls (Plant Health) Regulations as contaminated with Wart Disease (Synchytrium endobioticum (Schilb) Perc) or is within a safety zone demarcated under F2those Regulations;

(c)

the land on which the seed potatoes are growing or were grown is land which is not contaminated by Globodera species infesting potatoes;

(d)

the seed potatoes are taken from a crop of seed potatoes free from Globodera species infesting potatoes, Synchytrium endobioticum (Schilb) Perc, Clavibacter michiganensis (Smith) Davis et al ssp Sepedonicus (Spieck & Kotth) Davis et al) and Ralstonia solanacearum (Smith) Yabuuchi et al);

(e)

the number of growing plants affected by blackleg does not exceed 4%;

(f)

the immediately succeeding crop produced from the seed potatoes is, in the opinion of the authorised officer, likely to contain—

(i)

not more than 0.5% by number of growing plants which do not breed true to variety and not more than 0.2% by number of growing plants which are of a different variety; and

(ii)

not more than 10% by number of growing plants which show symptoms, other than slight symptoms, of severe virus diseases F3... (light mosaics causing discoloration and not leaf deformation are to be ignored); and

(g)

the seed potatoes are ascertained not to be affected by any of the tolerances for diseases or pests, damage or defects specified in Part 4 of Schedule 3.

Annotations

Textual amendments

F1

Words in Sch. 5 para. 3(b) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 4(6)(a)

F2

Words in Sch. 5 para. 3(b) substituted (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 4(6)(b)

F3

Words in Sch. 5 para. 3(f)(ii) omitted (24.7.2020) by virtue of The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 5(6)