{
  "url": "https://openlegislation.uk/seed-potatoes-regulations-1991/regulation-19",
  "json_url": "https://openlegislation.uk/seed-potatoes-regulations-1991/regulation-19.json",
  "legislation": "uksi/1991/2206",
  "legislation_title": "The Seed Potatoes Regulations 1991",
  "legislation_url": "https://openlegislation.uk/seed-potatoes-regulations-1991",
  "path": "regulation/19",
  "kind": "regulation",
  "number": "19",
  "heading": "Prevention of marketing of sub-standard potatoes and the prevention of spread of disease by marketing of potatoes",
  "text": "(1) Where in the course of any official examination of seed potatoes an authorised officer is satisfied that–\n(a) in relation to the seed potatoes, any requirement specified in these Regulations has not been so met; or\n(b) the seed potatoes exceed any of the tolerances for diseases or pests, damage and defects specified in the appropriate part of Schedule 5,\nthe authorised officer may serve a notice on the person in whose possession or charge the potatoes appear to be informing him accordingly and requiring him–\n(i) not to move or permit or cause to be moved the seed potatoes specified in the notice from the premises specified in the notice except in accordance with the written consent of an authorised officer; or\n(ii) to move or permit or cause to be moved such seed potatoes within the time specified in the notice to such premises as may be so specified and thereafter not to move or permit or cause to be moved the said potatoes from those premises except as aforesaid.\n(2) A notice served on a person by an authorised officer under paragraph (1) of this regulation may require that person to carry out on such premises at such time, within such period and in accordance with such methods as may be specified in the notice, such measures as may be specified being measures which in the opinion of the authorised officer are necessary–\n(a) to ensure that the requirements specified in these Regulations are met; or\n(b) to prevent the spread of any of the specified diseases or pests by means of the seed potatoes.\nSuch measures include in particular but without prejudice to that generality any one or more of the measures specified in Schedule 8.\n(3) The measures specified in any notice under paragraph (2) of this regulation shall–\n(a) not be varied except by or in accordance with the written consent of an authorised officer;\n(b) be carried out to the satisfaction of an authorised officer by and at the expense of the person on whom the notice has been served.\n(4) Where in the course of an official examination an authorised officer is of the opinion that any seed potatoes are affected by any specified disease or pest or damage, the authorised officer may serve on the person in whose possession or charge the potatoes appear to be a notice making any requirement and specifying any measure which may be made or specified under paragraph (2) of this regulation:\nProvided that in any such notice there shall be specified a period not exceeding 14 days beginning with the date of service of the notice during which the potatoes shall not be moved from the premises specified in the notice except in accordance with the written consent of an authorised officer.\n(5) Where a notice has been served under paragraph (1) or (4) of this regulation and until such time as the requirements of the notice have been complied with to his satisfaction, an authorised officer may remove and retain or direct the person in whose possession or charge the potatoes appear to be to remove and deliver to the authorised officer–\n(a) any official labels or official documents; or\n(b) in the case of seed potatoes produced outside Great Britain any labels or documents of the kind referred to in regulation 12(1).\n(6) For the purposes of this regulation an authorised officer may–\n(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–\n(i) less than one-eighth of its surface area has been affected; and\n(ii) it has at least 2 eyes at the rose end wholly unaffected by the disease;\n(b) 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–\n(i) less than one-quarter of its surface area has been affected; and\n(ii) it has at least 2 eyes at the rose end wholly unaffected by the disease;\n(c) in relation to the pests and diseases specified in Group III of Part III of Schedule 5 deem a potato in any such sample not to be affected by disease when in his opinion less than one-third of its surface area has been affected and that it has at least 2 eyes at the rose end wholly unaffected by the disease.\nThe exception in sub-paragraph (a) shall not apply when the disease Powdery Scab (Spongospora subterranea (Wallr.) Lagerh.) takes its cankerous form.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2206/regulation/19",
    "retrieved_at": "2026-10-29T14:37:17.856849+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."
}