The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

PART 2 E+W General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes E+W

2.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted—

(a) any potatoes which have been grown in a third country [F1 to which the prohibition in Article 40(1) of the Plant Health Regulation applies]; or

(b) any potatoes produced from those potatoes.

(2) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes unless—

(a) they derive in direct line from potato material which has been obtained under [F2 a programme for the certification of potatoes which has been officially approved by a competent authority or a CD authority];

(b) they have been found to be free from Potato ring rot in official tests using the methods set out in [F3 EPPO PM 7/21]; and

(c) they have been found to be free from Potato brown rot in official tests using the methods set out in [F4 EPPO PM 7/59].

Textual Amendments

F1 Words in Sch. 2 para. 2(1)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 18(2)(a)

F2 Words in Sch. 2 para. 2(2)(a) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 18(2)(b)(i)

F3 Words in Sch. 2 para. 2(2)(b) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 18(2)(b)(ii)

F4 Words in Sch. 2 para. 2(2)(c) substituted (31.12.2020) by The Plant Health (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1482), regs. 1(2)(b), 18(2)(b)(iii)

Commencement Information

I1 Sch. 2 para. 2 in force at 14.1.2020, see reg. 1(1)

Restrictions on the planting of potatoes in the protected region E+W

3.—(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes in the protected region other than—

(a) potatoes which may be marketed in the protected region under the Seed Potatoes Regulations; or

(b) one year's direct progeny of the potatoes referred to in paragraph (a), where that direct progeny has been grown by that person.

(2) Any person who is involved in the planting of potatoes in the protected region must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a) their official labels;

(b) the invoices and delivery notes for the potatoes;

(c) in the case of potatoes marketed or marketable under the Seed Potatoes Regulations or potatoes which are their direct progeny and have been produced by the certificate holder, the certificate of classification.

(3) Sub-paragraphs (1) and (2) do not apply where—

(a) the area to be planted is less than 0.1 of a hectare; or

(b) the area is intended for the production of early potatoes.

[F5 (3A) In sub-paragraphs (1) and (2), “protected region” has the meaning given in regulation 2(1) of the Seed Potatoes (England) Regulations 2015.]

(4) In sub-paragraph (3)(b), “early potatoes” means potatoes which are harvested before they are completely mature and marketed immediately after they have been harvested, and the skins of which can be easily removed without peeling.

Textual Amendments

F5 Sch. 2 para. 3(3A) inserted (15.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1014), regs. 1(1), 2(7)(a)

Commencement Information

I2 Sch. 2 para. 3 in force at 14.1.2020, see reg. 1(1)