Paragraph 3

Northern Ireland

No authorisation shall be issued unless the Department 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 F1NI Variety Lists Regulations for acceptance of the variety concerned on to a F2NI Variety List and that application has not been withdrawn or finally determined;

(b)

the land on which the seed potatoes are growing or were grown—

(i)

is not land in respect of which a notice has been served under F3F4regulation 15(2) to the Plant Health Official Controls Regulations with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and

(ii)

is not land within a zone demarcated under F5F6regulation 17(2) to the Plant Health Official Controls Regulations to prevent the spread of Brown Rot;

(c)

the land on which the seed potatoes are growing—

(i)

is land which as a result of a soil test carried out by the Department prior to the planting of the crop has been found not to be contaminated by Potato Cyst Nematode; and

(ii)

is not demarcated under F7Part 4 to Schedule 2 to the Plant Health Official Controls Regulations .

(d)

the seed potatoes are taken from a crop of seed potatoes free from Potato Cyst Nematode, Wart Disease, Ring Rot and Brown Rot; and

(e)

the seed potatoes fulfil the conditions for F8UK grade E specified in column 3 of Table 2 in Schedule 4.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 3(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(h)(ii)
F2: Words in Sch. 5 para. 3(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(h)(i)
F3: Words in Sch. 5 para. 3(b)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(5)(a)
F4: Words in Sch. 5 para. 3(b)(i) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(a)(i)
F5: Words in Sch. 5 para. 3(b)(ii) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(5)(b)
F6: Words in Sch. 5 para. 3(b)(ii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(a)(ii)
F7: Words in Sch. 5 para. 3(c)(ii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(b)
F8: Word in Sch. 5 para. 3(e) 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), 24; 2020 c. 1, Sch. 5 para. 1(1)