Regulation 16 Enforcement –disease control measures and compliance

(1)

An authorised officer may serve a notice on the relevant person if, during the course of an official examination, the authorised officer is of the opinion that any seed potatoes are affected by any disease or pest specified in column 1 of the applicable Table set out in Schedule 6.

(2)

The notice referred to in paragraph (1)—

(a)

must inform the relevant person of the reason for service of the notice;

(b)

may specify a period, not exceeding 14 days beginning with the date of service of the notice, during which the seed potatoes may not be moved from the premises without the written consent of an authorised officer; and

(c)

may require the relevant person to carry out such measures to prevent the spread of any of the diseases or pests specified in the notice.

(3)

An authorised officer may serve a notice on the relevant person if, during the course of, or following, an offical examination, the authorised officer is satisfied that—

(a)

in relation to seed potatoes produced in Scotland, any of the tolerances for diseases, pests, damage or defects specified in column 2, 3 or 4 of the applicable Table set out in Schedule 6 are exceeded; or

(b)

there has been a failure to comply with any other requirement of these Regulations.

(4)

The notice referred to in paragraph (3)—

(a)

must inform the relevant person of the reason for service of the notice; and

(b)

may require the relevant person—

(i)

not to move, or permit or cause to be moved, the seed potatoes without the written consent of an authorised officer;

(ii)

to move, or permit or cause to be moved, such seed potatoes within such period as may be specified in the notice; or

(iii)

to carry out such measures as may be specified in the notice to ensure that the requirements of these Regulations are met or as the case may be to prevent the spread of any of the diseases or pests specified in the notice.

(5)

Where a notice has been served under paragraph (1) or (3)—

(a)

an authorised officer may remove and retain, or direct the relevant person to remove and deliver to the authorised officer, any official label or official document; and

(b)

a relevant person on whom any notice under paragraph (1) or (3) has been served—

(i)

must comply with the requirements of that notice or any direction given under paragraph (5)(a);

(ii)

must not carry out measures in relation to the seed potatoes other than those specified in the notice pursuant to paragraph (2) or (4) without the written consent of an authorised officer; and

(iii)

is liable for the cost of carrying out any measures specified in the notice or in the written consent of an authorised officer given under sub-paragraph (b)(ii).

(6)

For the purposes of this Regulation, the “relevant person” is the person in possession, or in charge, of the seed potatoes which are undergoing official examination.