Regulation 9 Composition of lots of seed potatoes

(1)

A person shall not market pre-basic seed potatoes or basic seed potatoes other than in a lot consisting wholly of seed potatoes of—

(a)

one category;

(b)

one variety; and

(c)

one grade.

(2)

A person shall not market test and trial seed potatoes other than in a lot consisting wholly of seed potatoes of one variety.

(3)

For the purposes of this regulation, a lot of seed potatoes is to be treated as if it consists wholly of one variety provided that—

(a)

in relation to seed potatoes produced in Northern Ireland, the number of seed potatoes in the lot which are not true to variety or are of a different variety in relation to the total number of seed potatoes in the lot—

(i)

in the case of pre-basic seed potatoes, other than pre-basic seed potatoes of F1UK grade PBTC or Union grade PBTC, is no more than 0.01%;

(ii)

in the case of basic seed potatoes or test and trial seed potatoes, is no more than 0.1%;

(b)

in relation to seed potatoes produced outside Northern Ireland, the lot is sufficiently homogenous in accordance with the standards imposed by the certification authority F2, in respect of marketing those seed potatoes, pursuant to—

(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 paragraph (a);

(iii)

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

Annotations

Textual amendments

F1: Words in reg. 9(3)(a)(i) 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), 15(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 9(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), 15(b); 2020 c. 1, Sch. 5 para. 1(1)