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The Seed Potatoes Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule
Publication 2016-03-22
Last updated 2020-12-31
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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Column 1UK grade Column 2Source material Column 3Other requirements Column 4Tolerances
PBTC The seed potatoes shall be derived from nuclear stock or mother plants that are free from Blackleg, Dickeya, Leafroll, PVA, PVY and Potato viruses M, S and X The seed potatoes shall be—agrown in a facility officially approved for the production of seed potatoes of UK grade PBTC;bproduced through micro-propagation;ckept free, as far as is practicable from diseases and aphids by appropriate husbandry measures; anddthe first generation of this stock A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances—aconditions concerning seed potato crops:ideviations from variety – NIL;iimosaic symptoms – NIL;iiiLeafroll symptoms – NIL;ivBlackleg – NIL;vin the direct progeny virus infection shall not be present in the crop.blots of seed potatoes shall be free from:iRots (including Blight, Gangrene, Dry Rot and wet rot);iiBlack Scurf;iiiCommon Scab;ivPowdery Scab;vSkin Spot;vihaving become excessively shrivelled due to dehydration;viiexternal blemishes including misshapen or damaged tubers.cthe presence of earth and extraneous matter in lots of seed potatoes shall not exceed 1% by mass.
PB The seed potatoes shall derive from nuclear stock or mother plants that are free from Blackleg, Dickeya, Leafroll, PVA, PVY and Potato viruses M, S and X, up to a maximum of 3 field generations. A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances—aconditions concerning seed potato crops:ideviations from variety and type – 0.01%;iisymptoms caused by mosaic, other than PVA and PVY – 0.1%;iiisymptoms caused by PVA, PVY and Leafroll – NIL;ivBlackleg – NIL;vin the direct progeny the number of plants with symptoms caused by any virus shall not exceed 0.5%.btolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases:iseed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.2% by mass;iiseed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 1% by mass;iiiseed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass;ivseed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 1% by mass;vseed potatoes affected by Skin Spot shall not exceed 0.2% by mass;vishrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf, shall not exceed 0.5% by mass;viiseed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass;viiithe presence of earth and extraneous matter shall not exceed 1% by mass; andixthe total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass
Column 1UK grade Column 2Source material Column 3Tolerances
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S The seed potatoes shall be derived from stock—awhere the grade is recorded either on a growing crop report or on an official label or official document as UK grade PBTC or Union grade PBTC or Union grade PB in the year preceding the planting of the crop;bwhere the grade is recorded either on a growing crop report or on an official label or official document as UK grade S or Union grade S, up to a maximum of 4 generations (including pre-basic in the field and basic generations), in the year preceding the planting of the crop; orcsuch other seed potatoes as are notified in writing by the Department as being acceptable to the Department A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances—aconditions concerning seed potato crops:ideviations from variety and type – 0.1%;iisymptoms caused by PVA, PVY and Leafroll – 0.02%;iiitotal percentage of symptoms caused by mosaic (including PVA and PVY) and Leafroll – 0.2%;ivBlackleg – 0.1%;vin the direct progeny the number of plants with symptoms of virus infection shall not exceed 1%.btolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases:iseed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.5% by mass, of which wet rot shall not exceed 0.2%;iiseed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 5% by mass;iiiseed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass;ivseed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 3% by mass;vseed potatoes affected by Skin Spot over more than 12.5% of their surface shall not exceed 2% by mass;vishrivelled tubers due to excessive dehydration or dehydration caused by silver scurf, shall not exceed 1% by mass;viiseed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass;viiithe presence of earth and extraneous matter shall not exceed 1% by mass; andixthe total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass.
SE The seed potatoes shall be derived from stock—awhere the grade is recorded either on a growing crop report or on an official label or official document as UK grade PBTC or Union grade PBTC or Union grade PB in the year preceding the planting of the crop;bwhere the grade is recorded either on a growing crop report or on an official label or official document as UK grade S or Union grade S or Union grade SE, up to a maximum of 5 generations (including pre-basic in the field and basic generations), in the year preceding the planting of the crop; orcsuch other seed potatoes as are notified in writing by the Department as being acceptable to the Department. A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances—aconditions concerning seed potato crops:ideviations from variety and type – 0.1%;iisymptoms caused by PVA, PVY and Leafroll – 0.1%;iiitotal percentage of symptoms caused by mosaic (including PVA and PVY) and Leafroll – 0.5%;ivBlackleg – 0.5%;vin the direct progeny the number of plants with symptoms of virus infection shall not exceed 2%.btolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases:iseed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.5% by mass, of which wet rot shall not exceed 0.2%;iiseed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 5% by mass;iiiseed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass;ivseed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 3% by mass;vseed potatoes affected by Skin Spot over more than 12.5% of their surface shall not exceed 2% by mass;vishrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf, shall not exceed 1% by mass;viiseed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass.viiithe presence of earth and extraneous matter shall not exceed 1% by mass; andixthe total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass.
E The seed potatoes shall be derived from stock—awhere the grade is recorded either on a growing crop report or on an official label or official document as UK grade PBTC or Union grade PBTC or Union grade PB in the year preceding the planting of the crop;bwhere the grade is recorded either on a growing crop report or on an official label or official document as UK grade S, UK grade SE or Union grade S or Union grade SE, up to a maximum of 6 generations (including pre-basic in the field and basic generations), in the year preceding the planting of the crop; orcsuch other seed potatoes as are notified in writing by the Department as being acceptable to the Department. A sample of the seed potatoes taken during an official examination shall not exceed the following tolerances—aconditions concerning seed potato crops:ideviations from variety and type – 0.1%;iisymptoms caused by PVA, PVY and Leafroll – 0.4%;iiitotal percentage of symptoms caused by mosaic (including PVA and PVY) and Leafroll – 0.8%;ivBlackleg – 1%;vin the direct progeny the number of plants with symptoms of virus infection shall not exceed 4%;btolerances applicable to lots of seed potatoes, as regards the following impurities, blemishes and diseases:iseed potatoes affected by Rots (other than Ring Rot or Brown Rot) shall not exceed 0.5% by mass, of which wet rot shall not exceed 0.2%;iiseed potatoes affected by Black Scurf over more than 10% of their surface shall not exceed 5% by mass;iiiseed potatoes affected by Common Scab over more than one third of their surface shall not exceed 5% by mass;ivseed potatoes affected by Powdery Scab over more than 10% of their surface shall not exceed 3% by mass;vseed potatoes affected by Skin Spot over more than 12.5% of their surface shall not exceed 2% by mass;vishrivelled tubers due to excessive dehydration or dehydration caused by Silver Scurf, shall not exceed 1% by mass;viiseed potatoes with external blemishes including misshapen or damaged tubers shall not exceed 3% by mass;viiithe presence of earth and extraneous matter shall not exceed 1% by mass; andixthe total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (vii) shall not exceed 6% by mass.

SCHEDULE 5 — Authorisation for marketing seed potatoes for test or trial purposes

1

On receipt of an application made in accordance with regulation 7, the Department shall—

  • (a) allocate to the person making the application a producer's identification number (where one does not already exist for that person);
  • (b) conduct an official examination of the seed potatoes in order to determine whether the seed potatoes satisfy the requirements for certification as basic seed potatoes in accordance with regulation 10; and
  • (c) subject to paragraph 3 and regulation 7, issue an authorisation to market seed potatoes for test or trial purposes.

2

An authorisation shall state—

  • (a) the name and address of the applicant;
  • (b) the producer's identification number;
  • (c) the amount of seed potatoes for which marketing is authorised;
  • (d) the period for which marketing is authorised;
  • (e) the date on which the authorisation was issued;
  • (f) the proposed name of the variety of the seed potatoes.

3

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 NI Variety Lists Regulations for acceptance of the variety concerned on to a NI 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 regulation 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 regulation 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 Part 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 UK grade E specified in column 3 of Table 2 in Schedule 4.

SCHEDULE 6 — Sampling procedures

1

Where the bulk of seed potatoes to be sampled—

  • (a) comprises more than one consignment; or
  • (b) is associated with more than one growing crop report,

the seed potatoes shall be divided so that each consignment or, as the case may be, the quantity of seed potatoes associated with each growing crop report, constitutes a separate lot and each lot shall be separately sampled.

2

Where the quantity of seed potatoes in a lot being sampled does not exceed 50 kilogrammes all the seed potatoes shall be examined.

3

Where the quantity of the seed potatoes in a lot being sampled exceeds 50 kilogrammes, but does not exceed 5 tonnes, at least 5 per cent of the weight of the lot shall be selected at random, the sample so selected being not less than 50 kilogrammes.

4

Where the quantity of the seed potatoes in a lot being sampled exceeds 5 tonnes, a sample of at least 250 kilogrammes shall be selected at random.

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 22nd March 2016

Geraldine Fee — A senior officer of the

Explanatory note

(This note is not part of the Regulations)

Footnotes

1

S.I. 2000/2812. By virtue of section 2(5), references to a Government department in section 2(2) of the European Communities Act 1972 include a department of the Government of Northern Ireland.

2

1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006, (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008, (c.7), section 3(3) and Schedule, Part 1.

3

1965 c.22 (NI). (“the 1965 Act”) Section 1 was amended by 1970 c.20 (N.I.), section 10(1) and S.R. & O.(N.I.) 1972 No. 351, article 3 and Schedule 3. Section 2 was amended by 1970 c.20 (N.I.), section 10(2) and S.R. 1977 No. 295, regulation 2. The 1965 Act applies to seed potatoes by virtue of section 12(1). See section 14(1) for the definition of the “Ministry”. The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act 1973 (c.36), and was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999, (S.I. 1999/283 (N.I. 1)).

4

O.J. No. L 362, 09.12.2004, p.21

5

O.J. No. L 162, 21.06.2008, p.13

6

O.J. No. L 193, 20.07.2002, p.60, as last amended by Commission Implementing Decision 2014/367/EU (OJ No. L 178, 18.06.2014, p.26)

7

O.J. No. L 193, 20.07.2002, p.1, as amended by Regulation (EC) No 1829/2003 (OJ No. L 268, 18.10.2003, p.1)

8

O.J. No. L106, 17.04.2001, p.1, as last amended by Directive (EU) 2015/412 (OJ No. L 68, 13.03.2015, p.1)

9

O.J. No. L 38, 07.02.2014, p.32

12

O.J. No. L 268, 18.10.2003, p.1, as last amended by Regulation (EC) No 298/2008 (OJ No L 97 09.04.2008, p. 64)

13

O.J. No. L 38, 07.02.2014, p.39

14

OJ No L 114, 30.4.2002, p 13, as amended by Commission Decision 2010/724/EU (OJ No L 312, 27.11.2010, p 31). This Agreement, together with six other Agreements with the Swiss Confederation, was approved by the Council and the Commission by way of Council and Commission Decision 2002/309/EC, Euratom (OJ No L 114, 30.4.2002, p 1)

19

S.R. 2006 No.82. Relevant amendments were made by S.R 2010 No.350

Editorial notes

22

S.I. 2000/2812. By virtue of section 2(5), references to a Government department in section 2(2) of the European Communities Act 1972 include a department of the Government of Northern Ireland.

23

1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006, (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008, (c.7), section 3(3) and Schedule, Part 1.

24

1965 c.22 (NI). (“the 1965 Act”) Section 1 was amended by 1970 c.20 (N.I.), section 10(1) and S.R. & O.(N.I.) 1972 No. 351, article 3 and Schedule 3. Section 2 was amended by 1970 c.20 (N.I.), section 10(2) and S.R. 1977 No. 295, regulation 2. The 1965 Act applies to seed potatoes by virtue of section 12(1). See section 14(1) for the definition of the “Ministry”. The Ministry of Agriculture became known as the Department of Agriculture by virtue of section 7(5) of the Northern Ireland Constitution Act 1973 (c.36), and was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999, (S.I. 1999/283 (N.I. 1)).

25

O.J. No. L 362, 09.12.2004, p.21

26

O.J. No. L 162, 21.06.2008, p.13

27

O.J. No. L 193, 20.07.2002, p.60, as last amended by Commission Implementing Decision 2014/367/EU (OJ No. L 178, 18.06.2014, p.26)

28

O.J. No. L 193, 20.07.2002, p.1, as amended by Regulation (EC) No 1829/2003 (OJ No. L 268, 18.10.2003, p.1)

29

O.J. No. L106, 17.04.2001, p.1, as last amended by Directive (EU) 2015/412 (OJ No. L 68, 13.03.2015, p.1)

30

O.J. No. L 38, 07.02.2014, p.32

32

O.J. No. L 268, 18.10.2003, p.1, as last amended by Regulation (EC) No 298/2008 (OJ No L 97 09.04.2008, p. 64)

33

1967, c.28

34

S.R. 2010 No. 350, as amended by S.R. 2011 No. 351

35

S.R. 2006 No. 187, as amended by S.R. 2006 No. 330, S.R. 2010 No. 350 and S.R. 2011 No. 97

36

S.R. 2009 No.59 as amended by S.R. 2010 No.350 and S.R. 2011 No.63

128

Words in Sch. 2 para. 1(3)(b) inserted (1.8.2017) by The Seed Potatoes (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/155), regs. 1, 4

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