The Seed Potatoes (Scotland) Regulations 2015

Made: 19th November 2015

Laid before the Scottish Parliament: 20th November 2015

Coming into force: 1st January 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5), (5A) and 36 of the Plant Varieties and Seeds Act 1964 and by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

In accordance with section 16(1) of the Plant Varieties and Seeds Act 1964, the Scottish Ministers have consulted with representatives of such interests as appear to them to be concerned.

PART I — PRELIMINARY

Citation, commencement and extent

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• (1) These Regulations may be cited as the Seed Potatoes (Scotland) Regulations 2015 and come into force on 1st January 2016.

• (2) These Regulations extend to Scotland only.

Interpretation

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• (1) In these Regulations, unless the context otherwise requires—

• “the Act” means the Plant Varieties and Seeds Act 1964 ;

• “agricultural unit” has the meaning given to it by section 86(2) of the Agriculture (Scotland) Act 1948 ;

• “applicable GB grade” means—in relation to seed potatoes produced in Scotland, the GB grade determined in respect of those seed potatoes under regulation 8(2)(a) or, as the case may be, under regulation 15(2), and—in the case of pre-basic seed potatoes, means GB grade PBTC or GB grade PB;in the case of basic seed potatoes, means GB grade S, GB grade SE, or GB grade E;in relation to seed potatoes produced in a part of Great Britain other than Scotland, the GB grade determined in accordance with the relevant seed potatoes regulations,and references in these Regulations to “GB grade PBTC”, “GB grade PB”, “GB grade S”, “GB grade SE” and “GB grade E” are to be construed accordingly;,

• “applicable Union grade”—...in relation to seed potatoes produced in Northern Ireland, means—in the case of pre-basic seed potatoes, either Union grade PBTC or PB, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Commission Implementing Directive 2014/21/EU; orin the case of basic seed potatoes, either Union grade S, SE or E, the minimum conditions for which are set out in Article 1 of and Annex I to, Commission Implementing Directive 2014/20/EU,and ..., references in these Regulations to “Union grade PBTC”, “Union grade PB”, “Union grade S”, “Union grade SE” and “Union grade E” are to be construed accordingly;

• “authorised officer” means an officer of the Scottish Ministers or a person authorised by the Scottish Ministers for the purposes of Part II of the Act;

• “basic seed potatoes”—in relation to seed potatoes produced in Scotland, means seed potatoes which have satisfied the applicable conditions for the issue of an official label or an official document specified in regulation 10(3), in respect of seed potatoes intended to be marketed as basic seed potatoes; andin relation to seed potatoes produced outside Scotland, means seed potatoes, being a lot or part of a lot in a package or container to, or in, which a label or document approved by the relevant authority has been attached or placed , stating that on examination of the potatoes they were certified as basic seed potatoes and that they have fulfilled the applicable requirements for the grade, in accordance with— in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations;in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to regulation 10(1)(b) and paragraphs 2 and 4 of Schedule 5;

• “CommissionDecision 2004/842/EC” means CommissionDecision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted , as last amended by Commission Implementing Decision (EU) 2016/320;

• “Commission Implementing Directive 2014/20/EU” means Commission Implementing Directive 2014/20/EU determining Union grades of basic and certified seed potatoes, and the conditions and designations applicable to such grades ;

• “Commission Implementing Directive 2014/21/EU” means Commission Implementing Directive 2014/21/EU determining minimum conditions and Union grades for pre-basic seed potatoes , as last amended by Commission Implementing Directive (EU) 2020/177;

• ...

• “conservation variety” has the meaning given to it by regulation 2(1) of the National Lists Regulations;

• “container” includes a chitting tray, box or crate;

• “Council Directive 2002/56/EC” means Council Directive 2002/56/EC on the marketing of seed potatoes , as last amended by Commission Implementing Directive (EU) 2020/177;

• “country granted equivalence” means a country that has been assessed by Scottish Ministers as producing seed potatoes under conditions equivalent to those required by these Regulations;

• “crop inspection report” means the crop inspection report issued in accordance with regulation 8 and Schedules 1 and 2;

• “Crown Dependency” means the Isle of Man and any of the Channel Islands;

• “declared net weight” means the net weight of seed potatoes contained in a package or container, as declared by the person applying for an official label or official document under regulation 10;

• “DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

• “Directive 2001/18/EC” meansDirective 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing CouncilDirective 90/220/EEC , as last amended by Regulation (EU) 2019/1381;

• “equivalent grade” means—for Northern Ireland, an equivalent Union grade;for a Crown Dependency or a country granted equivalence, a grade recognised by Scottish Ministers as being equivalent to a GB grade;

• “equivalent Union grade” means—for “GB grade PBTC”, “Union grade PBTC”;for “GB grade PB”, “Union grade PB”;for “GB grade S”, “Union grade S”;for “GB grade SE”, “Union grade SE”;for “GB grade E”, “Union grade E”;

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;

• “field generation” means the number of growing cycles since the first introduction of the seed potatoes in the field after micro-propagation or selection;

• “genetically modified” means a genetically modified organism as defined in Article 2(2) ofDirective 2001/18/EC;

• the GMO Regulations” means— in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002,in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002,in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002,in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;

• “grade” includes the GB grade;

• “GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;

• “higher grade” means any grade above the grade determined in respect of the seed potatoes by or on behalf of the relevant authority, according to the hierarchy of grades used by that authority;

• “lot” means an identifiable part of a consignment which is recorded and listed as a separate item in an invoice, delivery note or other document provided in accordance with regulation 12;

• “lower grade” means any grade below the grade determined in respect of the seed potatoes by or on behalf of the relevant authority, according to the hierarchy of grades used by that authority;

• “marketing” means—selling, holding with a view to sale or offering for sale; andany disposal, supply or transfer to third parties for the purpose of commercial exploitation of seed potatoes,whether or not for consideration; and for these purposes “commercial exploitation” does not include the supply of seed potatoes to official testing and inspection bodies, or the supply of seed potatoes to any person for the purpose of processing or packaging them provided that the person does not acquire title to the seed potatoes supplied; and “market” and “marketed” are to be construed accordingly;

• ...

• “National Lists Regulations” means the Seeds (National Lists of Varieties) Regulations 2001 ;

• “NI Variety List” means a list of plant varieties prepared and published by DAERA in accordance with legislation having equivalent effect in Northern Ireland to the Seeds (National Lists of Varieties) Regulations 2001;

• “nuclear stock” means the initial propagating material which is tested and found free from pathogens in a manner approved in writing by the Scottish Ministers;

• “official document” means— in the case of seed potatoes produced in Scotland, a document issued or approved by the Scottish Ministers, which meet the requirements of schedule 5A;in the case of seed potatoes produced outside Scotland, a document issued or approved by the relevant authority in the country or territory where the seed potatoes were produced, which meets the requirements of—in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations;in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of schedule 5A;

• “official examination” means an examination carried out by or on behalf of the Scottish Ministers;

• “official label”—in the case of seed potatoes produced in Scotland, means a wear and tear resistant label supplied by or on behalf of the Scottish Ministers and which meets the applicable requirements referred to in regulation 10 and Schedule 5; and in the case of seed potatoes produced outside Scotland, a label approved by the relevant authority in the country or territory where the seed potatoes were produced and which meets, as appropriate to the seed potatoes to which the label relates, the requirements of— in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations;in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulation 10 and schedule 5;

• “outside Scotland”, in relation to the place of production of seed potatoes means—any part of the British Islands other than Scotland; ora country granted equivalence;

• “package” includes a bag, box, or sack;

• “the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;

• “potato” means any tuber, or part thereof, and any plant, or part thereof, of—Solanumtuberosum L; andany other tuber-forming species or hybrid ofSolanumL;

• “pre-basic seed potatoes”—in relation to seed potatoes produced in Scotland, means seed potatoes which have satisfied the applicable conditions for the issue of an official label or an official document specified in regulation 10(3) in respect of seed potatoes intended to be marketed as pre-basic seed potatoes; andin relation to seed potatoes produced outside Scotland, means seed potatoes brought into Scotland in a package or container which bears an official label for pre-basic seed potatoes in accordance with the requirements of—in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations;in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulation 10(1)(a) and paragraphs 1 and 4 of Schedule 5;

• “premises” includes any land or building, vehicle, vessel, aircraft, hovercraft or freight container but does not include a private dwellinghouse;

• “Regulation 1829/2003” means Regulation(EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed , as last amended by Regulation (EU) 2019/1381;

• “relevant authority” means the authority concerned with the certification of seed potatoes ... in the country or place where the seed potatoes are produced;

• “the seed potatoes regulations” means— in relation to England, the Seed Potatoes (England) Regulations 2015;in relation to Wales, the Seed Potatoes (Wales) Regulations 2016;in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016, and “the relevant seed potatoes regulations”, in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part.

• “scientific and selection seed potatoes”—in relation to seed potatoes produced in Scotland, means seed potatoes used or to be used for the purposes of scientific investigation or in the course of a process of selection by, or under the supervision of, an authorised officer and which are authorised for such use or selection by the Scottish Ministers in accordance with regulation 6; andin relation to seed potatoes produced outside Scotland, means seed potatoes which have been authorised for marketing by the relevant authority in accordance with the requirements of— in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations;in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulation 6;

• “seed potatoes” means—potatoes which bear that description or any description indicating their suitability for planting and propagation and which are capable of being used for planting and propagation; orany potatoes that are intended to be used for planting and propagation.

• “size” in relation to seed potatoes means the size of the square mesh of the riddle or gauge through or by which the seed potatoes may be passed or retained; and

• “test and trial seed potatoes”—in relation to seed potatoes produced in Scotland, means seed potatoes which have been authorised for use as test and trial seed potatoes by the Scottish Ministers in accordance with regulation 5 and which have satisfied the applicable conditions for the issue of an official label or an official document specified in regulation 10(3), in respect of seed potatoes intended to be marketed as test and trial seed potatoes; andin relation to seed potatoes produced outside Scotland, seed potatoes which have been brought into Scotland in a closed package or container, which bears an official label meeting the requirements of— in the case of seed potatoes produced in Great Britain, the relevant seed potatoes regulations;in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Scottish Ministers as having equivalent effect to the requirements of regulations 5 and 10(1)(c) and paragraphs 3 and 4 of Schedule 5;

• (2) Unless the context otherwise requires, any reference in any Schedule to a numbered paragraph or Table is a reference to the paragraph or Table so numbered in that Schedule.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In these Regulations, references to “writing” and “written” include electronic communications within the meaning of section 15 (general interpretation) of the Electronic Communications Act 2000 .

PART II — MARKETING OF SEED POTATOES

Seed potatoes which may be marketed

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No person may market any seed potatoes other than—

• (a) pre-basic seed potatoes;

• (b) basic seed potatoes;

• (c) scientific and selection seed potatoes; or

• (d) test and trial seed potatoes.

General provisions on the marketing of seed potatoes

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• (1) No person may market seed potatoes—

• (a) as being of a higher grade;

• (b) which have been treated with a product which is produced primarily as an application for inhibiting germination; or

• (c) otherwise than in a closed—

• (i) package or container which has not previously been used for any purpose; or

• (ii) container which, having been previously used for any purpose, has been cleaned and disinfected since that previous use in accordance with the requirements of an authorised officer.