The Seed Potatoes (Scotland) Regulations 2000

Regulations 2(1) and 4(2)

SCHEDULE 1CLASSIFICATION: CERTIFICATION CONDITIONS

1.  On the receipt by Scottish Ministers of an application, under regulation 4(2), for classification of any seed potatoes, an authorised officer shall–

(a)allocate to the person making such application a producer’s identification number;

(b)allocate to the crop an identification number; and

(c)undertake examination of the crop of seed potatoes for the purposes of classification.

2.  Following completion of examination of the crop in accordance with paragraph 1(c) an authorised officer shall–

(a)classify the seed potatoes in accordance with Schedule 2 and thereafter issue a certificate of classification stating the particulars specified in Schedule 3; or

(b)issue a notice of any of the matters mentioned in paragraphs 3 or 4 in relation to which the officer is not satisfied.

3.  An authorised officer shall not issue a certificate of classification under paragraph 2 unless he is satisfied that–

(a)the seed potatoes may be classified as being pre-basic seed potatoes or basic seed potatoes of a class specified in order of superiority in column 1 of Table I or II in Schedule 2;

(b)the seed potatoes are of a variety for the time being listed in the National List published in accordance with the Seeds (National Lists of Varieties) Regulations 1982(1) or in the Common Catalogue of varieties of seed potatoes published in the Official Journal of the European Communities and which has not been notified in writing by the Scottish Ministers as being considered unacceptable for classification;

(c)the seed potatoes are or were grown and stored so as to minimise the risk of contamination by such harmful diseases or pests as may be notified in writing by the Scottish Ministers from time to time;

(d)the land on which the seed potatoes are growing or were grown is land which is not contaminated with Wart Disease (Synchytrium endobioticum(Schilb.) Perc.) and has not been deemed in terms of Schedule 11 to the Plant Health (Great Britain) Order 1993 to be part of a safety zone for the purpose of that Order;

(e)blanking in any of the growing crop of the seed potatoes is not or was not excessive;

(f)roguing of the growing crop of the seed potatoes has been carried out and the growing crop has not been over-rogued;

(g)all propagation practices for the prevention of the occurrence, development or spread of pests and diseases, as set out in guidance in relation to such practices published from time to time by the Scottish Ministers, have been effectively carried out;

(h)the land on which the seed potatoes are growing or were grown is land which as a result of an official soil test carried out prior to the planting of the crop has been found not to be contaminated with potato cyst nematode (Globodera species infecting potatoes);

(i)in any case where potato cyst nematode has been found on the land on which the seed potatoes are growing at any time during the period of 12 years immediately preceding the planting of the crop–

(i)the land is no longer demarcated as infected with potato cyst nematode under Schedule 12 to the Plant Health (Great Britain) Order 1993;

(ii)six years have elapsed since the last positive finding; and

(iii)except as authorised by an inspector under paragraph 5 of Schedule 12 to the Plant Health (Great Britain) Order 1993, the land has not been used for growing potatoes at any time during the period of 11 years immediately preceding the planting of the crop; and

(iv)the land on which the seed potatoes are grown or were grown is land which has not been used for growing potatoes at any time during the period, in the case of a crop classified Pre-basic 1, Pre-basic 2 or VTSC, of seven years, and in the case of all other crops, of five years, immediately preceding the planting of the crop;

(j)in the case of seed potatoes grown within Scotland only pre-basic or basic seed potatoes permitted to be planted within Scotland in accordance with article 18(4) of the Plant Health (Great Britain Order) 1993, are or were grown in the same agricultural unit in the same year in which the seed potatoes were grown;

(k)the seed potatoes have been produced from–

(i)pre-basic or basic seed potatoes produced in Scotland of class E2 or higher;

(ii)seed potatoes produced outwith Scotland but within the European Community of a Community grade EEC1 or EEC2;

(iii)a crop grown with the authority of or in circumstance notified in writing as being acceptable to Scottish Ministers; or

(iv)seed potatoes produced outwith the Community and in respect of which an examination notified in writing as being acceptable to Scottish Ministers has been carried out;

(l)the seed potatoes in any one crop are of a single variety;

(m)the seed potatoes are taken from a crop which is free from the following diseases or pests–

• Wart Disease (Synchytrium endobioticum(Schilb.) Perc.)

• Potato Cyst Nematode, (Globoderaspecies infesting potatoes)

• Ring Rot (Clavibacter michiganensis(Smith) Davis et al ssp sepedonicus(Spieck & Kotth) Davis et al)

• Brown Rot (Ralstonia solanacearum(Smith) Yabuuchi et al)

• Potato Tuber Moth (Phthorimaea operculella(Zell))

• Potato Spindle Tuber Viroid

• Colorado Beetle (Leptinotarsa decemlineata(Say))

• Potato Tuber Eelworm (Ditylenchus destructor(Thorne));

(n)the production of the seed potatoes has been and will be conducted in accordance with regulations 6 and 7.

4.  Seed potatoes shall not be classified–

(a)as Pre-basic TC seed potatoes, if the immediately succeeding crop produced from those potatoes is likely to contain–

(i)plants of another variety; or

(ii)virus affected plants;

(b)as Pre-basic 1 or Pre-basic 2 seed potatoes, if, in relation to the immediately succeeding crop produced from those potatoes, the number of growing plants which–

(i)deviate from variety and type, is likely to exceed 0.01% of the total number of plants in that crop; or

(ii)show symptoms of mild or severe virus diseases attributable to infection in the mother crop, is likely to exceed 0.01% of that total number; or

(c)as basic seed potatoes, if, in relation to the immediately succeeding crop produced from those potatoes, the number of growing plants which–

(i)deviate from variety, is likely to exceed 0.1% of the total number of plants in that crop;

(ii)deviate from variety and type, is likely to exceed 0.25% of that total number; or

(iii)show symptoms of mild or severe virus diseases attributable to infection in the mother crop, is likely to exceed 4% of that total number.

Regulations 2(1) and 4(1)

SCHEDULE 2CLASSIFICATION: SOURCE MATERIAL, OTHER REQUIREMENTS AND TOLERANCES

1.  Following completion of examination of the crop in accordance with paragraph 1(c) of Schedule 1, an authorised officer may classify the potatoes as being pre-basic seed potatoes or basic seed potatoes of a class specified in column 1 of Table I (pre-basic seed potatoes) or Table II (basic seed potatoes) to this Schedule where he is satisfied–

(a)that the seed potatoes are derived from source material of the kind specified in the entry in column 2 corresponding to that class;

(b)that the other requirements specified in the entry in column 3 corresponding to that class have been met; and

(c)on a sample that any of the tolerances specified in the entry in column 4 corresponding to that class have not been exceeded.

2.  Any tolerance in column 4 of Table I or Table II expressed as a percentage is a reference to the proportion expressed as a percentage which the number of growing plants affected by the disease or varietal impurity bears to the total number of plants in the sample.

Regulation 2(1)and Schedule 1 paragraph 2(a)

SCHEDULE 3PARTICULARS TO BE SPECIFIED IN CERTIFICATE

1.  Name and address of the applicant

2.  Name of the agricultural unit on which the crop was grown

3.  Producer’s Identification Number

4.  Crop Identification Number

5.  Pre-basic seed potatoes or basic seed (as appropriate) and class

6.  Community grade, where appropriate

7.  Date on which certificate was issued

8.  Variety of the crop classified

9.  Area of the crop classified

10.  Location (O.S. Field No. or F.I.S No.) of the field on which the crop was grown

Regulations 2(1), 8(2)(c), 12(a) and Schedule 6 paragraph 4(1)(a)

SCHEDULE 4REQUIREMENTS AS TO VARIETAL PURITY AND SIZE

Requirements as to varietal purity and size

1.  For the purposes of regulation 8(2)(c), the requirements, if any, set out in paragraphs 2, 3 and 4 as to the varietal purity or minimum size of or maximum variation in size between tubers in a lot of seed potatoes are specified in relation to any lot of seed potatoes to which those paragraphs respectively apply.

Pre-basic TC and equivalent seed potatoes

2.—(1) This paragraph applies–

(a)to seed potatoes classified under these Regulations as being of the class Pre-basic TC; and

(b)to pre-basic seed potatoes produced outside Scotland which are approved by Scottish Ministers as being equivalent to that class.

(2) In the case of seed potatoes to which this paragraph applies there shall be no deviation from variety.

Pre-basic 1 and Pre-basic 2 and equivalent seed potatoes

3.—(1) This paragraph applies–

(a)to seed potatoes classified under these Regulations as being of the class Pre-basic 1 or Pre-basic 2; and

(b)to seed potatoes produced outside Scotland which are approved by Scottish Ministers as being equivalent to that class.

(2) Subject to sub-paragraphs (3) and (4), in the case of seed potatoes to which this paragraph applies–

(a)there shall be no deviation from variety;

(b)the minimum size is 25 millimetres; and

(c)the maximum variation in size between tubers in a lot is 25 millimetres.

(3) For the purposes of determining whether any a lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of potatoes which deviate from variety does not exceed 0.01% of the total weight of the sample.

(4) For the purposes of determining whether any a lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c), the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of the potatoes which are–

(i)smaller than the minimum size stated on the official label; and

(ii)larger than the maximum size stated on the official label,

does not exceed 2% of the total weight of the sample.

Basic seed potatoes

4.—(1) This paragraph applies to basic seed potatoes.

(2) Subject to sub-paragraphs (3) and (4), in the case of seed potatoes to which this paragraph applies–

(a)there shall be no deviation from variety;

(b)the minimum size is 25 millimetres; and

(c)the maximum variation in size between tubers in a lot is 25 millimetres.

(3) For the purposes of determining whether a lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of thelot, if, on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of potatoes which deviate from variety does not exceed 0.1% of the total weight of the sample.

(4) For the purposes of determining whether a lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c)–

(a)in the case of seed potatoes produced in the United Kingdom, the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot if on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of potatoes which are–

(i)smaller than the minimum size stated on the official label; and

(ii)larger than the maximum size stated on the official label,

does not exceed 2% of the total weight of the sample; and

(b)in the case of seed potatoes produced outside Scotland and not in the United Kingdom, the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot if on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of potatoes which are–

(i)smaller than the minimum size stated on the official label, does not exceed 3%; and

(ii)larger than the maximum size stated on the official label, does not exceed 3%,

of the total weight of the sample.

Regulation 8(4)

SCHEDULE 5PARTICULARS TO BE PROVIDED IN RESPECT OF SEED POTATOES PRODUCED OUTSIDE THE EUROPEAN COMMUNITY

1.  Species.

2.  Variety.

3.  Category.

4.  Country of production and inspection authority.

5.  Country of despatch.

6.  Importer.

7.  Quantity of seed potatoes.

Regulations 2(1), and 9(1)

SCHEDULE 6OFFICIAL LABELS

Pre-basic seed potatoes

1.—(1) The requirements set out in this paragraph apply to an official label attached to a package or container of pre-basic seed potatoes.

(2) An official label to which this paragraph applies shall–

(a)be white with a diagonal violet line;

(b)measure not less than 110mmx67mm and have printed on it the words “EC Rules and Standards”;

(c)state the following particulars–

• Certification authority and Member State or their initials

• Country of Production

• Pre-basic seed potatoes

• Species indicated at least in Roman characters, under its botanical name which may be given in abridged form and without the authors names or under its common name of both

• Crop identification number including producer’s identification number (or equivalent)

• Variety indicated at least in Roman characters

• Genetically modified (if appropriate)

• Class

• Size

• Month and year when officially sealed

• Net weight.

Basic seed potatoes

2.—(1) The requirements set out in this paragraph apply to an official label attached to a package or container of basic seed potatoes.

(2) An official label to which this paragraph applies shall–

(a)be predominately white;

(b)measure not less than 110mmx67mm and have printed on it the words “EC Rules and Standards” with the exception of official labels printed prior to 1st July 1997 with the abbreviation “EEC” instead of “EC” which may be used until 31st December 2001;

(c)state the following particulars–

• Certification authority and Member State or their initials

• Country of Production

• Basic seed potatoes

• Species indicated at least in Roman characters, under its botanical name which may be given in abridged form and without the authors names or under its common name of both

• Crop identification number including producer’s identification number (or equivalent)

• Variety indicated at least in Roman characters

• Genetically modified (if appropriate)

• Community Grade

• Class

• Size

• Month and year when officially sealed

• Net weight.

3.  The size stated in accordance with paragraphs 1(2)(c) and 2(2)(c) must, in the case of sizes over 35 mm, be stated in multiples of 5 mm.

4.—(1) For the purposes of section 16(7)(a) of the Act any statement made on an official label pursuant to paragraphs 1 or 2 is not false–

(a)in respect of the particulars as to variety, only by reason of the fact that seed potatoes in a sample, taken from a lot of seed potatoes to which paragraphs 3 or 4 of Schedule 4 apply, deviate from the stated variety in any case where pursuant to those paragraphs of that Schedule the variety of those potatoes is deemed to be as stated on the label;

(b)in respect of the particulars as to size, only by reason of the fact that seed potatoes in a sample taken from a lot of seed potatoes to which paragraphs 3 or 4 of Schedule 4 apply, are smaller than the minimum size stated or larger than the maximum size stated in any case where pursuant to those paragraphs of that Schedule the size of those potatoes is deemed to be as stated on the label.

Regulations 12(b) and 13(1) and (4)

SCHEDULE 7TOLERANCES FOR DISEASES, PESTS, DAMAGE AND DEFECTS

Tolerances

1.—(1) For the purposes of regulation 13(1)(b)–

(a)Table I, applies–

(i)to seed potatoes classified under these Regulations as being of the class Pre-basic TC; and

(ii)to pre-basic seed potatoes produced outside Scotland which are approved by Scottish Ministers as being equivalent to that class;

(b)Table II applies–

(i)to seed potatoes classified under these Regulations as being of the class Pre-basic 1 or 2; and

(ii)to pre-basic seed potatoes produced outside Scotland which are approved by Scottish Ministers as being equivalent to either of these classes;

(c)Table III applies–

(i)to seed potatoes classified under these Regulations as being of the classes VTSC1 or VTSC2; and

(ii)to seed potatoes produced in any other part of the United Kingdom which are approved by Scottish Ministers as being of a class equivalent to either of these classes;

(d)Table IV applies–

(i)to seed potatoes classified under these Regulations as being seed potatoes of a class other than VTSC1 or VTSC2; and

(ii)to seed potatoes produced in any other part of the United Kingdom which are approved by Scottish Ministers as basic seed potatoes equivalent to any of the classes other than VTSC1 or VTSC2; and

(e)Table V applies in the case of basic seed potatoes produced outside Scotland and not in the United Kingdom.

(2) Subject to paragraph (3), any tolerance in a column of any of the Tables in this Schedule expressed as a percentage is a reference to the proportion which the weight of potatoes affected by the disease, pest, damage or defect bears to the total weight of the sample taken in accordance with regulation 16(3) and Schedule 9, expressed as a percentage.

(3) In the case of dirt or other extraneous matter, any tolerance in a column of any of the Tables in this Schedule expressed as a percentage is a reference to the proportion which the weight of such matter bears to the total weight of the sample taken in accordance with regulation 16(3) and Schedule 9, expressed as a percentage.

Individual tolerances

2.  The individual tolerance set out in the entry in column 2 of Table I, II, III, IV or, as the case may be, V corresponding to the disease, pest, damage or defect set out in column 1 of those Tables is specified in the case of seed potatoes to which the Table applies in relation to the disease, pest, damage or defect to which the entry corresponds.

Group tolerances

3.  The group tolerances set out in the entry in column 3 of Table II, III or, as case may be, IV corresponding to the diseases, pests, damage or defects within Group II or III set out in column 1 of those Tables is specified in the case of seed potatoes to which the Table applies in relation to the Group to which the entry corresponds.

Collective group tolerances

4.  The collective group tolerances set out in the entry in column 4 of Table II, III, IV or, as the case may be, V corresponding to the diseases, pests, damage or defects within Groups II, III and IV set out in column 1 of those Tables is specified in the case of seed potatoes to which the Table applies in relation to those Groups.

Allowable surface area cover

5.—(1) This paragraph applies, for the purposes of regulation 13(1)(b), to seed potatoes to which Table II, III, IV or V applies.

(2) Subject to paragraph (3), an authorised officer may deem a potato in any sample of seed potatoes to which this paragraph applies not to be affected by a disease in Group III, set out in column 1 of the Table applicable to a potato of that class when, in his opinion–

(a)the surface area of the potato affected by the disease is less than the percentage surface area in the entry corresponding to the disease in column 5 of the Table; and

(b)the potato has at least two eyes at the rose end wholly unaffected by the disease.

(3) Paragraph (2) shall not apply when the disease Powdery Scab (Spongospora subterranea(Wallr.) Lagerh) takes its cankerous form.

Regulations 14 and 15(a) and (b)

SCHEDULE 8PARTICULARS TO BE SPECIFIED IN A SALE NOTE, ETC

Pre basic seed potatoes

• 1.  Name and address of the seller

• Net weight

• Variety

• Genetically modified (if appropriate)

• Pre basic seed potatoes

• Class

• Size

• Crop identification number including producer’s identification number

• Particulars of any chemical treatment

Basic seed potatoes

• 2.  Name and address of the seller

• Net weight

• Variety

• Genetically modified (if appropriate)

• Basic seed potatoes

• Class

• Community Grade

• Size

• Crop identification number including producer’s identification number

• Particulars of any chemical treatment

Regulation 16(3), Schedule 4 paragraphs 3(3), 4(3), and 4(4)

SCHEDULE 9SAMPLING

1.  If the bulk consists of seed potatoes comprising more than one consignment, or associated with more than one certificate of classification, it shall be divided so that each consignment or, as the case may be, the quantity of potatoes associated with each certificate constitutes a separate lot and each lot shall be separately sampled.

2.  Where the total quantity of seed potatoes being sampled separately does not exceed 50 kg, all the seed potatoes shall be examined.

3.  Where the total quantity of seed potatoes being sampled separately exceeds 50kg but does not exceed 5 tonnes, a sample of at least 5 per cent of the weight of the quantity or 50kg, whichever is the greater, shall be selected at random.

4.  Where the total quantity of seed potatoes being sampled separately exceeds 5 tonnes, a sample of at least 250kg shall be selected at random.

Regulation 22

SCHEDULE 10REVOCATIONS