Regulation 4 Marketing of seed potatoes

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 4(1)(b)(iii) omitted by Plant Health, Seeds, Seed Potatoes and Plant Propagating Material 2026 reg. 5(4)(a)
reg. 4(1)(c)(iv) omitted by Plant Health, Seeds, Seed Potatoes and Plant Propagating Material 2026 reg. 5(4)(a)
reg. 4(3) words substituted by Plant Health, Seeds, Seed Potatoes and Plant Propagating Material 2026 reg. 5(4)(b)

(1)

A person shall not market any seed potatoes other than—

(a)

pre-basic seed potatoes;

(b)

for seed potato production, basic seed potatoes that fulfil the conditions for—

(i)

“Union grade S” as set out in points 1(a)(ii) to (v) and 1(b)(i) to (iv) of Annex I to Directive 2014/20/EU; F1...

(ii)

“Union grade SE” as set out in points 2(a)(ii) to (v) and 2(b)(i) to (iv) of Annex I to Directive 2014/20/EU;

F2(iii)

“UK grade S” or “UK grade SE” as set out in—

(aa)

for Northern Ireland, Table 2 of Schedule 4;

(bb)

for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

(cc)

for a Crown Dependency, legislation recognised by the Department as having equivalent effect to Table 2 of Schedule 4;

(c)

for potato production, basic seed potatoes that fulfil the conditions for—

(i)

“Union grade S” as set out in points 1(a)(ii) to (v) and 1(b)(i) to (iv) of Annex I to Directive 2014/20/EU;

(ii)

“Union grade SE” as set out in points 2(a)(ii) to (v) and 2(b)(i) to (iv) of Annex I to Directive 2014/20/EU;

(iii)

“Union grade E” as set out in points 3(a)(ii) to (v) and 3(b)(i) to (iv) of Annex I to Directive 2014/20/EU;

F3(iv)

“UK grade S”, “UK grade SE” or “UK grade E” as set out in—

(aa)

for Northern Ireland, Table 2 of Schedule 4;

(bb)

for elsewhere in the United Kingdom, the relevant seed potatoes regulations; or

(cc)

for a Crown Dependency, legislation recognised by the Department as having equivalent effect to Table 2 of Schedule 4;

(d)

test and trial seed potatoes;

(e)

scientific purposes and selection work seed potatoes.

(2)

A person shall not market any seed potatoes which have been treated with a product which is produced primarily as an application for inhibiting germination.

(3)

In this regulation “scientific purposes and selection work seed potatoes” means—

(a)

in relation to seed potatoes produced in Northern Ireland, seed potatoes which have been authorised by the Department for marketing in accordance with regulation 6; and

F4(b)

in relation to seed potatoes produced outside Northern Ireland, seed potatoes which have been authorised by the certification authority in the country or territory where the seed potatoes were produced for marketing in accordance with—

(i)

in the case of seed potatoes produced elsewhere in the United Kingdom, the relevant seed potatoes regulations;

(ii)

in the case of seed potatoes produced in a Crown Dependency, legislation recognised by the Department as having equivalent effect to regulation 6;

(iii)

in the case of seed potatoes produced in a member State or Switzerland, Article 6(1) of Council Directive 2002/56/EC.

Annotations

Textual amendments

F1: Word in reg. 4(1)(b)(i) omitted (31.12.2020) by virtue of The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 9(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2: Reg. 4(1)(b)(iii) inserted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 9(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 4(1)(c)(iv) inserted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 9(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F4: Reg. 4(3)(b) substituted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 9(b); 2020 c. 1, Sch. 5 para. 1(1)