Statutory Instruments of the Scottish Parliament

" (a) in the case of seed potatoes produced in Scotland, seed potatoes in relation to which a crop inspection report as basic seed potatoes has been issued in accordance with Schedule 1 and not withdrawn or being a lot or part of a lot in a package or container to or in which an official label has been attached; and";

(a) the production of seed potatoes on or after 7th July 2000 with a view to marketing;

(b) the classification and Community grading on or after that date of seed potatoes produced in Scotland; and

(c) the marketing on or after that date of seed potatoes.

    (1A) Schedule 1, paragraph 3(b) and Schedule 4, paragraphs 3(2)(c) and 4(2)(c) shall not apply to seed potatoes shown to be intended for export to countries outside the European Community.

    (2) In the case of regulation 6, for the reference in paragraph (1) to 7th July 2000 there is substituted reference to 1 April 2001.

    (3) In paragraph (1), "marketing" means-

(a) selling, holding with a view to sale and offering for sale; and

(b) any disposal, supply or transfer,

for the purpose of commercial exploitation of seed potatoes to third parties, whether or not for consideration; and "market" and "marketed" shall be construed accordingly.

    (4) The supply of seed potatoes, not aimed at commercial exploitation of the variety, such as the following operations, shall not be treated as marketing of seed potatoes of that variety-

(a) the supply of seed potatoes to official testing and inspection bodies; or

(b) the supply of seed potatoes to any person for the purpose of processing or packaging the seed potatoes provided he does not acquire title to the seed potatoes supplied.

    (5) Subject to paragraphs (6), (7) and (8), nothing in these Regulations shall apply to the marketing by a producer under the authority of the Scottish Ministers of small quantities of 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.

    (6) In respect of genetically modified material, an authorisation may be granted under paragraph (5) only if-

(a) the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220 or Council Directive 2001/18;

(b) it is to be a condition of the authorisation that the seed potatoes are accompanied during marketing by a copy of the Part B or Part C consent;

(c) all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with Article 7(4) of the Common Catalogue Directive and Article 4(2) and Annex II of Council Directive 2001/18, have been taken by the producer of the seed potatoes to avoid adverse effects on human health and the environment; and

(d) in the case of genetically modified material issued with a Part C consent, the requirements mentioned in paragraph (7) have been met.

    (7) The requirements referred to in paragraph (6)(d) are-

(a) the producer intending to market the small quantity of seed potatoes for scientific purposes or selection work has made a written application for authorisation under paragraph (5) to the Scottish Ministers giving-


(i) notice of intention to market a small quantity of seed potatoes for scientific purposes or selection work; and

(ii) such information relating to the acceptance for marketing of the variety of the seed potatoes concerned under Council Directive 90/220 or Council Directive 2001/18, and the scientific purposes or selection work in respect of which the marketing is to be carried out, as the Scottish Ministers may require for the purposes of identifying the marketing and determining whether or not to grant the authorisation; and



(b) the Scottish Ministers are satisfied that an authorisation would be in accordance with the purpose of Article 6.1(a) of Council Directive 2002/56.

    (8) In the event that a condition specified in an authorisation granted under paragraph (5) is not complied with in the course of marketing seed potatoes, the marketing of those seed potatoes shall be deemed to be unauthorised.".

(a) pre-basic seed potatoes of one of the classes and, where appropriate, class generations specified in column 1 of Table I in Schedule 2; or

(b) basic seed potatoes of one of the classes and, where appropriate, class generations specified in column 1 of Table II in Schedule 2.

    (2) Application for a crop inspection report for seed potatoes produced in Scotland shall be made to the Scottish Ministers with such information and in such form and manner as they may require.

    (3) A crop inspection report shall confirm that the seed potatoes satisfy the requirements of Schedules 1 and 2 of these Regulations for the class specified in the report and for all lower classes.".

(a) that the package or container has been so re-sealed;

(b) the date of re-sealing; and

(c) the authority responsible for re-sealing."; and

(c) in paragraph (7) after "such" insert "seed".

(a) it has been subjected to an official examination; or

(b) that person has been notified in writing by an authorised officer that an official examination is not required by virtue of the seed potatoes having previously been subjected to official examination.".

" (c) undertake official examination of the crop and of lots of seed potatoes derived from the crop for the purposes of issuing a crop inspection report.";

(c) for paragraph 2(a) substitute-

" (a) issue a crop inspection report in accordance with Schedule 2 stating the particulars specified in Schedule 3; or";

(i) for "classify" substitute "issue a crop inspection report for";

(ii) in the opening words and in sub-paragraphs (a), (b) and (c) after "class" insert "and, where appropriate, class generation"; and

(b) in paragraph 2 for Tables I and II, substitute-


TABLE I PRE-BASIC SEED POTATOES

Column 1	Column 2	Column 3	Column 4
Class and class generation	Source Material	Other Requirements	Tolerances
Class Pre-basic Tissue Culture (PBTC)	Nuclear stock or a crop which meets the requirements set out in Schedule 1, paragraph 3(k)(iii).	" The seed potatoes are- (a) grown in a unit officially approved for production of PBTC; and (b) kept free, as far as practicable from diseases and aphids by appropriate husbandry measures.	(i) deviations from variety - nil; (ii) severe mosaic - nil; (iii) leafroll - nil; (iv) mild mosaic - nil; (v) blackleg - nil.
Class Pre-basic, class generation 1 (PB 1)	(a) Stock being PBTC produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued; or (b) a crop which meets the requirements set out in Schedule 1, paragraph 3(k)(iii).	The seed potatoes are- (a) grown and entered for classification by a person whose facilities, test methods, planting arrangements and manner of keeping appropriate records in relation to production of seed potatoes are acceptable to the Scottish Ministers; and (b) grown in the year in which they are entered for classification on an agricultural unit on which all potato crops planted were seed potatoes of the class Super Elite, class generation 1 (SE1) or higher.	(i) deviations from a variety and type and groundkeepers - nil; (ii) severe mosaic - nil; (iii) leafroll - nil; (iv) mild mosaic - nil; (v) blackleg - nil.
Class Pre-basic, class generation 2 (PB2)	Stock being PB1 produced in the immediately preceding growing season which was either- (a) classified; or (b) not classified and retained by the grower and for which a crop inspection report was issued.	As for PB1.	As for PB1.
Class Pre-basic, class generation 3 (PB3)	Stock being PB2 produced in the immediately preceding growing season which was either- (a) classified; or (b) not classified and retained by the grower and for which a crop inspection report was issued.	As for PB1.	As for PB1.
Class Pre-basic, class generation 4 (PB4)	Stock being PB3 produced in the immediately preceding growing season which was either- (a) classified; or (b) not classified and retained by the grower and for which a crop inspection report was issued.	As for PB1.	As for PB1.

TABLE II BASIC SEED POTATOES

Column 1	Column 2	Column 3	Column 4
Class and class generation	Source Material	Other Requirements	Tolerances
Class Super Elite, class generation 1 (SE1)	(a) Stock being PBTC, PB1, PB2, PB3 or PB4 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued; or (b) a crop which meets the requirements set out in Schedule 1, paragraph 3(k)(iii).		(i) deviations from variety and type and groundkeepers-0.05%. (ii) severe mosaic-nil. (iii) leafroll-0.01%. (iv) mild mosaic-0.05%. (v) blackleg-0.25%.
Class Super Elite, class generation 2 (SE2)	(a) Stock being SE1 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued; or (b) seed potatoes produced outwith the European Community which meet the requirements set out in Schedule 1, paragraph 3(k)(iv).		As for SE1.
Class Super Elite, class generation 3 (SE3)	Stock being SE2 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued.		As for SE1.
Class Elite, class generation 1 (E1)	(a) Stock being PBTC, PB1, PB2, PB3, PB4, SE1, SE2 or SE3 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued; or (b) a crop which meets the requirements set out in Schedule 1, paragraphs 3(k)(iii) or (iv).		(i) deviations from variety and type and groundkeepers-0.05%; (ii) total virus disease (leafroll, severe mosaic and mild mosaic)-0.5% of which not more than 0.1% (in total) shall be of leafroll and severe mosaic; (iii) blackleg-0.5%.
Class Elite, class generation 2 (E2)	Stock- (a) being E1 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued; or (b) which meets the requirements of Commission Directive 93/17/EEC[10] and which has been designated by the relevant authority as Community grade EC1 or EC2; or (c) seed potatoes produced outwith the Community which meet the requirements set out in Schedule 1 paragraph 3(k)(iv).		As for E1.
Class Elite, class generation 3 (E3)	Stock being E2 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued.		As for E1.
Class A	Stock- (a) being PBTC, PB1, PB2, PB3, PB4, SE1, SE2, SE3, E1 or E2 produced in the immediately preceding growing season which was either- (i) classified; or (ii) not classified and retained by the grower and for which a crop inspection report was issued; or (b) which meets the requirements of Commission Directive 93/17/EEC and which has been designated by the relevant authority as Community grade EC1 or EC2; or (c) seed potatoes produced outwith the Community which meet the requirements set out in Schedule 1 paragraphs 3(k)(iii) or (iv).		(i) deviations from variety and type and groundkeepers-0.1%; (ii) total virus disease-0.8% of which not more than 0.4% (in total) shall be leafroll and severe mosaic; (iii) blackleg-1%. "

(a) to seed potatoes classified under these Regulations as basic seed potatoes; or

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

" Class generation (unless otherwise requested by the applicant)";

" Field generation (only if requested by the applicant)"; and

(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 the 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, class generations 1, 2, 3 and 4; and

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



(c) Table III applies to basic seed potatoes produced in the United Kingdom-



(i) classified under these Regulations as being basic seed potatoes; or

(ii) approved by the Scottish Ministers as being equivalent to that class.



(d) Table IV applies to basic seed potatoes not produced in the United Kingdom-



(i) classified under these Regulations as being basic seed potatoes; or

(ii) approved by the Scottish Ministers as being equivalent to that class.



(e) Table V applies to basic seed potatoes intended for markets outside the European Community."; and

(b) For Tables I to V, substitute-


TABLE I PRE-BASIC TC CLASS AND EQUIVALENT

Column 1	Column 2
Diseases, pests, damage and defects	Individual Tolerances
GROUP I
Wart Disease (Synchytrium endobioticum (Schilb) Perc.)	NIL
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	NIL
Potato Cyst Nematode (Globodera species infesting potatoes)	NIL
Ring Rot (Clavibacter michiganensis (Smith) Davis et al ssp. Sepedonicus (Spieck Kotth) Davis et al.)	NIL
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	NIL
Potato Tuber Moth (Phthorimaea operculella (Zell)	NIL
Potato Spindle Tuber Viroid	NIL
Colorado Beetle (Leptinotarsa decemlineata (Say))	NIL
GROUP II
Blight (Phytophthora infestans (Mont) de Bary)	NIL
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp atroseptica (Hellmers & Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both	NIL
Gangrene/Dry Rot/Wet Rot	NIL
Frost damaged tubers	NIL
GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	NIL
Black scurf (Rhizoctonia solani Kuhn)	NIL
Common scab (Streptomyces species)	NIL
Powdery scab (Spongospora subterranea (Wallr) Lagerh)	NIL
GROUP IV
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	3%
Superficial necrosis caused by strains of potato virus Y	NIL
GROUP V
Dirt or other extraneous matter	1%

TABLE II PRE-BASIC CLASS GENERATIONS 1 TO 4 AND EQUIVALENT

Column 1	Column 2	Column 3	Column 4	Column 5
Diseases, pests, damage and defects	Individual Tolerances	Group Tolerances	Collective Group Tolerances	Allowable % surface area cover
GROUP I
Wart Disease (Synchytrium endobioticum (Schilb) Perc.)	NIL	-	-
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	NIL	-	-
Potato Cyst Nematode (Globodera species infesting potatoes)	NIL	-	-
Ring Rot (Clavibacter michiganensis (Smith)	NIL	-	-
Davis et al. ssp. Sepedonicus (Spieck Kotth)
Davis et al.)
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	NIL	-	-
Potato Tuber Moth (Phthorimaea operculella (Zell)	NIL	-	-
Potato Spindle Tuber Viroid	NIL	-	-
Colorado Beetle (Leptinotarsa decemlineata (Say))	NIL	-	-
GROUP II
Blight (Phytophthora infestans (Mont) de Bary)	0.2%	}	}
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp atroseptica (Hellmers & Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both	NIL	} 0.2%	}
Gangrene/Dry Rot/Wet Rot	0.2%	}	}
Frost damaged tubers	0.2%	}	}
GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.2%	}	} 4.0%
Black scurf (Rhizoctonia solani Kuhn)	1.0%	} 3.0%	}	12.5%
Common scab (Streptomyces species)	3.0%	}	}	25.0%
Powdery scab (Spongospora subterranea (Wallr) Lagerh)	1.0%	}	}	12.5%
GROUP IV
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	1.0%		}
Superficial necrosis caused by strains of potato virus Y	NIL		}
GROUP V
Dirt or other extraneous matter	1.0%

TABLE III BASIC SEED POTATOES AND EQUIVALENT PRODUCED IN THE UK

Column 1	Column 2	Column 3	Column 4	Column 5
Diseases, pests, damage and defects	Individual Tolerances	Group Tolerances	Collective Group Tolerances	Allowable % surface area cover
GROUP I
Wart Disease (Synchytrium endobioticum (Schilb) Perc.)	NIL	-	-
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	NIL	-	-
Potato Cyst Nematode (Globodera species infesting potatoes)	NIL	-	-
Ring Rot (Clavibacter michiganensis (Smith)	NIL	-	-
Davis et al ssp sepedonicus (Spieck.& Kotth) Davis et al.)
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	NIL	-	-
Potato Tuber Moth (Phthorimaea operculella (Zell)	NIL	-	-
Potato Spindle Tuber Viroid	NIL	-	-
Colorado Beetle (Leptinotarsa decemlineata (Say))	NIL	-	-
GROUP II
Blight (Phytophthora infestans (Mont) de Bary)	0.5%	}	}
Blackleg (Erwinia carotovora (Jones) Bergey et al. ssp atroseptica (Hellmers & Dowson) Dye) or Erwinia chrysanthemi Burkholder et al. or both	0.5%	} 0.5%	}
Gangrene/Dry Rot/Wet Rot	0.5%	}	}
Frost damaged tubers	0.5%	}	} 4.0%
GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.5% (2%*)	}	}	12.5%
Black scurf (Rhizoctonia solani Kuhn)	3.0%	} 4.0%	}	12.5%(25%*)
Common scab (Streptomyces species)	4.0%	}	}	25.0%
Powdery Scab (Spongospora subterranea (Wallr) Lagerh)	3.0%	}	}	12.5%
GROUP IV
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	2.0%	}2.0%	}
Superficial necrosis caused by strains of potato virus Y	0.1%	}	}
GROUP V
Dirt or other extraneous matter	1.0%

" Class generation (if shown on official label)";

" Field generation (if shown on official label)"; and