United Kingdom Statutory Instruments

"the Act" means the Plant Varieties and Seeds Act 1964;

"authorised officer" means an officer of the Secretary of State or a person authorised by the Secretary of State for any purpose in connection with these Regulations;

"basic seed potatoes" means seed potatoes which—

(a) in relation to seed potatoes produced in England, are seed potatoes intended mainly for the production of certified seed potatoes and which have been certified as basic seed potatoes in accordance with regulation 9; and

(b) in relation to seed potatoes produced outside England, are seed potatoes brought into England in a package or container which bears an official label for basic seed potatoes in accordance with Article 13(1)(a) of the Directive;

"category" means the category of pre-basic seed potatoes, basic seed potatoes, or certified seed potatoes (or, in relation to seed potatoes produced in Switzerland, the categories having equivalent effect under the legislation of the Swiss Confederation in accordance with the Swiss trade agreement);

"certification" means—

(a) in relation to seed potatoes produced in England, certification in accordance with regulation 9; and

(b) in relation to seed potatoes produced outside England, certification by the Certification Authority in accordance with the Directive;

and "certified" shall be construed accordingly;

"Certification Authority" means the authority concerned with the certification of seed potatoes in the country or territory where the seed potatoes were produced;

"certified seed potatoes" means seed potatoes which—

(a) in relation to seed potatoes produced in England, are intended mainly for the production of potatoes other than seed potatoes and which have been certified as certified seed potatoes in accordance with regulation 9; and

(b) in relation to seed potatoes produced outside England, are seed potatoes brought into England in a package or container which bears an official label for certified seed potatoes in accordance with Article 13(1)(a) of the Directive;

"class" means—

(a) allocate to the person making such application a number to be known as a "producer's identification number" (where one does not already exist for that person);

(b) following an official examination, determine in accordance with this Schedule and Schedule 4 the categories and classes at which the seed potatoes are capable of being marketed; and

(c) subject to paragraphs 3 to 11, issue a growing crop certificate in accordance with paragraph 2.

     2. A growing crop certificate shall state—

(a) the name and address of the applicant;

(b) the categories and classes at which the authorised officer has determined the seed potatoes are capable of being marketed in accordance with paragraph 1(b);

(c) the name of the agricultural unit on which the crop was grown;

(d) the producer's identification number;

(e) the date on which the growing crop was inspected;

(f) the variety of the seed potatoes;

(g) the area of the seed potatoes;

(h) the location of the field on which the seed potatoes were grown.

     3. A growing crop certificate may only be issued where an authorised officer is satisfied that in relation to the seed potatoes examined by him—

(a) unless grown in a soil-free medium, the land on which the seed potatoes are growing or were grown is land which as a result of an official soil test carried out prior to the planting of the crop has been found not to be contaminated with potato cyst nematode (Globodera species infecting potatoes); and if potato cyst nematode has been found on that land at any time during the period of 12 years immediately preceding the planting of the crop that—


(i) the land is no longer demarcated under Schedule 15 to the Plant Health (England) Order 2005 as infected with potato cyst nematode;

(ii) six years have elapsed since the last positive finding of infection by potato cyst nematode on the land;

(iii) except as authorised under paragraph 5 of Schedule 15 to the Plant Health (England) Order 2005, the land has not been used for growing potatoes at any time during the period of 11 years immediately preceding the planting of the crop; and



(b) the land on which the seed potatoes are growing or were grown is land which has not been used for growing potatoes at any time during the seven years immediately preceding the planting of the crop.

     5. No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of pre-basic TC class unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—

(a) plants of a different variety; or

(b) plants affected by mild or severe virus.

     6. No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of pre-basic 1, pre-basic 2, pre-basic 3 or pre-basic 4 class unless, in the opinion of the authorised officer, the immediately succeeding crop produced from the seed potatoes is not likely to contain—

(a) more than 0.01 per cent by number of growing plants which deviate from variety and type; or

(b) more than 0.01 per cent by number of growing plants which show symptoms of either mild or severe virus diseases where those symptoms are attributable to infection in the mother crop.

(a) the land on which the seed potatoes are growing or were grown is land which as a result of an official soil test carried out prior to the planting of the crop has been found not to be contaminated with potato cyst nematode (Globodera species infecting potatoes); and if potato cyst nematode has been found on that land at any time during the period of 12 years immediately preceding the planting of the crop that—


(i) the land is no longer demarcated under Schedule 15 to the Plant Health (England) Order 2005 as infected with potato cyst nematode;

(ii) six years have elapsed since the last positive finding of infection by potato cyst nematode on the land; and

(iii) except as authorised under paragraph 5 of Schedule 15 to the Plant Health (England) Order 2005, the land has not been used for growing potatoes at any time during the period of 11 years immediately preceding the planting of the crop; and



(b) the land on which the seed potatoes are growing or were grown is land which has not been used for growing potatoes at any time during the five years immediately preceding the planting of the crop.

     8. No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any class unless, in the opinion of the authorised officer, the immediately succeeding crop produced from the seed potatoes is likely to contain—

(a) not more than 0.25 per cent by number of growing plants which do not breed true to variety and not more than 0.1 per cent by number of plants which are of a different variety; and

(b) not more than 4 per cent by number of growing plants which show symptoms, other than slight symptoms, of either mild or severe virus diseases prevalent in Europe where those symptoms are attributable to infection in the mother crop.

(a) the land on which the seed potatoes are growing or were grown is land which as a result of an official soil test carried out prior to the planting of the crop has been found not to be contaminated with potato cyst nematode; and

(b) the land on which the seed potatoes are growing or were grown is land which has not at any time during the period of four years immediately preceding the planting of that crop been used for growing potatoes.

     11. No growing crop certificate shall be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless, in the opinion of the authorised officer, the immediately succeeding crop produced from the seed potatoes is likely to contain—

(a) not more than 0.5 per cent by number of growing plants which do not breed true to variety and not more than 0.2 per cent by number of plants which are of a different variety; and

(b) not more than 10 per cent by number of growing plants which show symptoms, other than slight symptoms, of severe virus diseases prevalent in Europe where those symptoms are attributable to infection in the mother crop (provided that light mosaics causing discoloration but not leaf deformation shall be ignored).

(a) the Certification Authority and member State or their distinguishing abbreviation;

(b) the producer's identification number or a lot reference number;

(c) the month and year of sealing;

(d) the species, indicated at least in roman characters, under its botanical name, which may be given in abridged form and without the authors' names, or under its common name, or both;

(e) the variety, indicated at least in roman characters; and

(f) the description "pre-basic seed potatoes".

     7. An official label for basic seed potatoes or certified seed potatoes shall—

(a) contain the statement "EC Rules and Standards"; and

(b) in relation to the seed potatoes to which it relates, state the following particulars—


(i) the Certification Authority and member State or their initials;

(ii) the producer's identification number or a lot reference number;

(iii) the month and year of sealing;

(iv) the variety, indicated at least in roman characters;

(v) the country of production;

(vi) the category;

(vii) for basic seed potatoes, the Community Grade (if appropriate);

(viii) the size; and

(ix) the net weight.

     8. An official label for test and trial seed potatoes shall—

(a) contain the statements "variety not yet officially listed" and "for tests and trials only"; and

(b) in relation to the seed potatoes to which it relates, shall state the following particulars—


(i) the Certification Authority and member State or their distinguishing abbreviations;

(ii) the producer's identification number or a lot reference number;

(iii) the month and year of sealing;

(iv) the species;

(v) the denomination of the variety under which the seed potatoes are to be marketed (which may be the breeder's reference, the proposed denomination or the approved denomination);

(vi) the reference number in respect of the application submitted in accordance with regulation 4(1)(a) of the Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety concerned on to a National List;

(vii) the size; and

(viii) the net weight.

     9. Without prejudice to paragraphs 1 to 8, an official label may contain such further statements—

(a) as are required or permitted to be included in an official label in accordance with any provision of these Regulations or the Plant Health (England) Order 2005; or

(b) as the Secretary of State considers appropriate.

(a) the producer's identification number or a lot reference number;

(b) the month and year of sealing; and

(c) the country of production.

(a) allocate to the person making such application a number to be known as 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 requirements of this Schedule and Part IV of Schedule 3 have been met; and

(c) subject to paragraph 3 and regulation 8, issue an authorisation to market seed potatoes for test and 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; and

(f) the proposed name of the variety of the seed potatoes.

     3. No authorisation shall be issued by an authorised officer unless he 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 Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety concerned on to a National List and which application has not been withdrawn or finally determined;

(b) the land on which the seed potatoes are growing or were grown is not land which is demarcated under Schedule 14 to the Plant Health (England) Order 2005 as contaminated with Wart Disease (Synchytrium endobioticum (Schilb.) Perc.) or is within a safety zone demarcated under that Order;

(c) the land on which the seed potatoes are growing or were grown is land which is not contaminated by Globodera species infesting potatoes;

(d) the seed potatoes are taken from a crop of seed potatoes free from Globodera species infesting potatoes, Synchytrium endobioticum (Schilb.) Perc., Clavibacter michiganensis (Smith) Davis et al. ssp. Sepedonicus (Spieck. & Kotth.) Davis et al.) and Ralstonia solanacearum (Smith) Yabuuchi et al);

(e) the number of growing plants affected by blackleg does not exceed 4 per cent;

(f) the immediately succeeding crop produced from the seed potatoes is, in the opinion of the authorised officer, likely to contain—


(i) not more than 0.5 per cent by number of growing plants which do not breed true to variety and not more than 0.2 per cent by number of growing plants which are of a different variety; and

(ii) not more than 10 per cent by number of growing plants which show symptoms, other than slight symptoms, of severe virus diseases prevalent in Europe (light mosaics causing discoloration and not leaf deformation shall be ignored);



(g) the seed potatoes are ascertained not to be affected by any of the tolerances for diseases, pests, damage or defects specified in Part IV of Schedule 3.