The Plant Health (Great Britain) Order 1987

Potato cyst nematode

Restriction on the planting, sale etc. of potatoes

31.—(1) No person shall plant or knowingly cause or permit to be planted any potatoes on any premises in his occupation or under his charge declared infected with potato cyst nematode.

(2) No person shall remove for transplanting elsewhere from any premises declared infected with potato cyst nematode any plants which have been grown or stored on those premises.

32.—(1) If in consequence of the examination of a sample of the soil taken from any premises by an inspector for the purposes of this Order those premises appear not to be infected with potato cyst nematode, an inspector may issue a written certificate to that effect in relation to those premises.

(2) Unless previously amended or withdrawn, such a certificate shall remain in force until the expiration of 48 months from the taking of the sample mentioned in the certificate or until potatoes are planted on the premises to which the certificate relates, whichever is the earlier.

(3) No person shall sell, offer or expose for sale, deliver or knowingly cause or permit to be delivered or otherwise pass from his possession any potatoes grown by him and intended for planting unless immediately before the planting of the potatoes from which those potatoes were produced there was in force in relation to the premises on which they were grown a written certificate issued or having effect as if issued in accordance with paragraph (1) of this article.

Prohibition of misdescription of potatoes

33.—(1) No person shall sell or offer or expose for sale or knowingly cause or permit to be sold or offered or exposed for sale as being of approved resistant varieties any potatoes which are not of approved resistant varieties.

(2) A person shall not be liable to conviction for a failure to comply with, or a contravention of, conditions of a licence granted or having effect as if granted under this Order relating to the planting of approved resistant varieties if he proves to the satisfaction of the court that the potatoes were sold to him as potatoes of approved resistant varieties and that he did not know that the potatoes were not of approved resistant varieties.