The Seed Potatoes (Wales) Regulations 2006

© Crown Copyright 2006

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Badge of Wales may be reproduced only where it is an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Seed Potatoes (Wales) Regulations 2006, ISBN 0110914325. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

(a) in relation to seed potatoes produced in Wales, the class or Community Grade determined—


(i) in the course of certification, or

(ii) under the Seed Potatoes Regulations 1991[3],



(b) in relation to seed potatoes produced outside Wales, the class or grade, if any, specified in the official label affixed to the package or container in which the seed potatoes are brought into Wales or in any official document contained in that package or container;

and "classification" ("dosbarthiad"), "classify" ("dosbarthu") and "classified" ("wedi'i ddosbarthu") are to be construed accordingly; and

"Common Catalogue" ("Catalog Cyffredin") means the common catalogue of varieties of species of agricultural plants published in the Official Journal of the European Communities;

"Community Grade" ("Gradd Gymuned") means one of the grades of basic seed potatoes (EC grade 1, EC grade 2 or EC grade 3) determined by Commission Directive 93/17/EEC of 30 March 1993 determining Community grades of basic seed potatoes, together with the conditions and designations applicable to such grades[4];

"Deliberate Release Directive" ("Cyfarwyddeb Gollyngiadau Bwriadol") means Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms[5], as amended by amendments up to and including those effected by Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms[6];

"the Directive" ("y Gyfarwyddeb") means Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes[7], as amended by Commission Decision 2003/66/EC of 28 January 2003[8] and Council Directive 2003/61/EC of 18 June 2003[9];

"Food and Feed Regulation" ("Rheoliad Bwyd a Bwyd Anifeiliaid") means Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed[10];

"genetically modified" ("wedi'i addasu'n enetig") has the same meaning as in the Deliberate Release Directive;

"grade" ("gradd") includes Community Grade;

"growing crop certificate" ("tystysgrif cnwd sy'n tyfu") means—

(a) a growing crop certificate issued by the National Assembly in accordance with Schedule 1;

(b) a pre-basic seed potatoes certificate issued by the National Assembly in accordance with the Seed Potatoes Regulations 1991;

(c) a basic seed potatoes certificate issued by the National Assembly in accordance with the Seed Potatoes Regulations 1991; or

(d) a certified seed potatoes certificate issued by the National Assembly in accordance with the Seed Potatoes Regulations 1991;

"lot" ("lot") for the purposes of regulations 6(2) and (3) and 10 means a consignment or 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 16;

"marketing" ("marchnata") means—

(a) selling, holding with a view to sale or 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 for these purposes "commercial exploitation" ("defnydd masnachol") is not to be taken to 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 he or she does not acquire title to the seed potatoes supplied; and "market" ("marchnata") and "marketed" ("wedi'i farchnata") are to be construed accordingly;

"National Assembly"("Cynulliad Cenedlaethol") means the National Assembly for Wales;

"National List" ("Rhestr Genedlaethol")means a list of varieties of potato species prepared and published—

(a) in accordance with regulation 3 of the Seeds (National Lists of Varieties) Regulations 2001[11]; or

(b) by a member State other than the United Kingdom pursuant to Article 3 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species[12] as amended by the Food and Feed Regulation;

"official document" ("dogfen swyddogol") means—

(a) for seed potatoes produced in Wales, a document issued or approved by the National Assembly which meets the requirements of Part II of Schedule 2; and

(b) for seed potatoes produced outside Wales, a document issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced which meets the requirements of Article 13(1)(b) of the Directive;

"official examination" ("archwiliad swyddogol") means an examination or inspection conducted by an authorised officer, including one conducted by way of sample;

"official label" ("label swyddogol") means—

(a) for seed potatoes produced in Wales, a label issued or approved by the National Assembly which has not been previously used and which meets the requirements of Part I of Schedule 2; and

(b) for seed potatoes produced outside Wales, a label issued or approved by the Certification Authority in the country or territory where the seed potatoes were produced which meets, as appropriate to the seed potatoes to which the label relates, the requirements of Article 13(1)(a) or Article 18(f) of the Directive or Article 9 of Commission Decision 2004/842/EC of 1 December 2004 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[13];

"package or container" ("pecyn neu gynhwysydd") means—

(a) any package which has not been previously used for any purpose and is capable of being closed and sealed; or

(b) any container which has not been previously used for any purpose or which, since having been previously used, has been cleaned and disinfected provided that the use of any container in respect of seed potatoes produced in Wales must be subject to the approval of the National Assembly;

"potato" ("taten") means any tuber or part thereof or any plant or part thereof of Solanum tuberosum L. or other tuber-forming species or hybrids of Solanum;

"pre-basic seed potatoes" ("tatws hadyd cyn-sylfaenol") means seed potatoes which—

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

(b) in relation to seed potatoes produced outside Wales, are seed potatoes brought into Wales in a package or container which bears an official label for pre-basic seed potatoes in accordance with Article 18(f) of the Directive;

"premises" ("mangre") includes any land or building, other than a private dwelling house, and any fixed or moveable structure, vehicle, vessel, aircraft, hovercraft or freight container;

"protected region" ("rhanbarth sydd wedi'i ddiogelu") means the county of Cumbria, excluding the districts of Barrow-in-Furness and South Lakeland, and the county of Northumberland, excluding the districts of Blyth Valley and Wansbeck;

"seed potatoes" ("tatws hadyd") means—

(a) 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; or

(b) any potatoes that are intended to be used for planting and propagation;

"seed potatoes produced outside Wales" ("tatws hadyd a gynhyrchir y tu allan i Gymru") means—

(a) seed potatoes produced in any part of the British Islands other than Wales;

(b) seed potatoes produced in any member State other than the United Kingdom; or

(c) seed potatoes produced in Switzerland;

"Swiss trade agreement" ("cytundeb masnach y Swistir") means the Agreement between the European Community and the Swiss Confederation on trade in agricultural products[14], as amended by amendments up to and including Commission Decision 2004/660/EC[15];

"test and trial seed potatoes" ("tatws hadyd sydd i'w profi a'u treialu") means seed potatoes which—

(a) in relation to seed potatoes produced in Wales, are seed potatoes which have been authorised by the National Assembly for marketing for test and trial purposes in accordance with regulation 8; and

(b) in relation to seed potatoes produced outside Wales, are seed potatoes brought into Wales in a package or container which bears an official label in accordance with Article 9 of Commission Decision 2004/842/EC.

    (2) In relation to seed potatoes produced in Switzerland, any reference in these Regulations to the Directive or Commission Decision 2004/842/EC or any provision thereof is to be construed as a reference to the legislation of the Swiss Confederation having equivalent effect in accordance with the Swiss trade agreement.

    (3) Any reference in these Regulations to a tolerance in relation to seed potatoes comprised in a sample is to be construed—

(a) in relation to a tolerance for any disease, pest or damage specified in Schedule 3, as a reference to the proportion of the weight of seed potatoes in the sample affected by the disease, pest or damage, or any combination of such disease, pest or damage, in relation to the total weight of the sample, expressed as a percentage;

(b) in relation to a tolerance for dirt or other extraneous matter specified in Schedule 3, as a reference to the proportion of the weight of such matter in relation to the total weight of the sample, expressed as a percentage; and

(c) in relation to a tolerance for a deviation or disease specified in the tables in Schedule 4, as a reference to the number of plants of seed potatoes affected by the deviation or disease in relation to the total number of plants in the sample, expressed as a percentage.

    (4) For the purposes of Schedule 1, "agricultural unit" ("uned amaethyddol") has the meaning assigned to that expression in section 109(2) of the Agriculture Act 1947[16].

    (5) Expressions in these Regulations which are not defined in this regulation or elsewhere in these Regulations and which appear in the Directive or Commission Decision 2004/842/EC have the same meaning in these Regulations as they have in the Directive or that Decision.

Seed potatoes to which these Regulations do not apply
     3. These Regulations do not apply to seed potatoes intended for export to any country outside the European Community.

Marketing of seed potatoes
     4. —(1) A person must not market any seed potatoes other than—

(a) pre-basic seed potatoes;

(b) basic seed potatoes;

(c) certified seed potatoes;

(d) scientific and selection seed potatoes; or

(e) test and trial seed potatoes.

    (2) A person must not market any seed potatoes treated with a product which is produced primarily as an application for inhibiting germination.

    (3) In this regulation, "scientific and selection seed potatoes" ("tatws hadyd gwyddonol a rhai i'w dethol") means seed potatoes which—

(a) in relation to seed potatoes produced in Wales, are seed potatoes which have been authorised by the National Assembly for marketing in accordance with regulation 7; and

(b) in relation to seed potatoes produced outside Wales, are seed potatoes which have been authorised by the Certification Authority in the country or territory where the potatoes were produced for marketing in accordance with Article 6(1)(a) of the Directive.

Marketing in the protected region
     5. A person must not market any seed potatoes within the protected region other than—

(a) pre-basic seed potatoes; or

(b) basic seed potatoes which have been graded at a Community Grade and which meet the requirements of Commission Decision 2004/3/EC of 19 December 2003 authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 2002/56/EC[17].

Size of seed potatoes
     6. —(1) A person must not market any seed potatoes other than seed potatoes of pre-basic TC class unless they have a minimum size such that they do not pass through a square mesh of 25 millimetres x 25 millimetres.

    (2) A person must not market any seed potatoes in a lot in which the maximum variation in size between tubers is such that the difference between the lower size limit and the upper size limit exceeds 25 millimetres.

    (3) The requirements of paragraph (2) are to be treated as being met provided that no more than three per cent of the total weight of tubers in the lot consist of—

(a) tubers which are smaller than the lower size limit; or

(b) tubers which are larger than the upper size limit.

    (4) For the purposes of this regulation—

(a) "the lower size limit" ("y maint lleiaf a ganiateir") means the dimensions of the largest square mesh through which the smallest tuber does not pass; and

(b) "the upper size limit"("y maint mwyaf a ganiateir") means the dimensions of the largest square mesh through which the largest tuber does not pass.

    (5) Where the size of seed potatoes is required to be stated in accordance with these Regulations, there must be stated—

(a) the dimensions of the square mesh through which the tubers do not pass, where the lower size limit and the upper size limit are the same; or

(b) the lower size limit and the upper size limit, where these are not the same.

    (6) For the purposes of paragraph (5), dimensions of more than 35 millimetres are to be stated to the nearest five millimetres.

Marketing of seed potatoes for scientific purposes or selection work
     7. —(1) The National Assembly may authorise marketing of small quantities of seed potatoes for scientific purposes or selection work in accordance with this regulation.

    (2) The National Assembly must not authorise marketing of seed potatoes which contain any genetically modified material unless an authorisation is in force under the Food and Feed Regulation or Part C of the Deliberate Release Directive.

    (3) Application for authorisation to market seed potatoes in accordance with paragraph (1) must be made in writing to the National Assembly and must be accompanied by such information as it may require.

Marketing of seed potatoes for test and trial purposes
     8. —(1) The National Assembly may authorise marketing of seed potatoes for tests or trials carried out at agricultural enterprises to gather information on the cultivation or use of a variety of potato species in accordance with this regulation and Schedule 5.

    (2) Application for authorisation or renewal of authorisation to market seed potatoes in accordance with paragraph (1) must be made in writing to the National Assembly and must be accompanied by such information as it may require.

    (3) The National Assembly must not authorise marketing—

(a) of an amount of seed potatoes in excess of that permitted by Article 7 of Commission Decision 2004/842/EC;

(b) of seed potatoes which contain any genetically modified material unless that material is authorised under the Food and Feed Regulation or Part C of the Deliberate Release Directive.

    (4) Authorisation given in accordance with paragraph (1), or the renewal of such authorisation, may be for a period of one year or such shorter period as the National Assembly may specify.

    (5) In authorising marketing in accordance with paragraph (1), the National Assembly may impose such conditions as it thinks necessary or desirable having regard to the nature of the tests or trials and the nature of the seed potatoes to which the application relates, including a condition relating to the keeping of records in respect of the marketing of the seed potatoes.

    (6) Authorisation given in accordance with paragraph (1) ceases to have effect where—

(a) the application referred to in paragraph (3)(a) of Schedule 5 is withdrawn or rejected in accordance with the Seeds (National Lists of Varieties) Regulations 2001; or

(b) the variety of potato species to which the seed potatoes to which the authorisation relates belong is entered in a National List or the Common Catalogue.

    (7) The National Assembly may withdraw authorisation given in accordance with paragraph (1) where there is a breach of any condition referred to in paragraph (5).

    (8) The National Assembly may require the person to whom authorisation has been given in accordance with paragraph (1) to provide it with information about—

(a) the results of the tests or trials to which the authorisation relates; or

(b) the quantities of seed potatoes marketed during the authorised period and the name of the member State in which the seed potatoes are intended to be marketed.

Certification of seed potatoes
     9. —(1) Certification of seed potatoes produced in Wales must be in accordance with this regulation.

    (2) An authorised officer must certify seed potatoes produced in Wales as being—

(a) pre-basic seed potatoes,

(b) basic seed potatoes, or

(c) certified seed potatoes,

if the requirements of paragraph (3) are satisfied.

    (3) The requirements mentioned in paragraph (2) are that—

(a) a growing crop certificate has been issued in relation to the seed potatoes; and

(b) on official examination the seed potatoes have been found not to exceed any of the tolerances for diseases or pests, damage or defects specified in the appropriate provisions of Schedule 3.

    (4) Application for certification of seed potatoes produced in Wales must be made in writing to the National Assembly and must be accompanied by such information as it may require.

    (5) For the purposes of paragraph (2), an official label issued in accordance with these Regulations in relation to pre-basic seed potatoes, basic seed potatoes or certified seed potatoes is sufficient evidence that an authorised officer has certified the seed potatoes to which the official label relates as being pre-basic seed potatoes, basic seed potatoes or certified seed potatoes, as the case may be.

Composition of lots of seed potatoes
     10. —(1) A person must not market pre-basic seed potatoes, basic seed potatoes or certified seed potatoes otherwise than in a lot consisting wholly of seed potatoes of—

(a) one category;

(b) one variety; and

(c) one class.

    (2) A person must not market test and trial seed potatoes otherwise than in a lot consisting wholly of seed potatoes of one variety.

    (3) For the purposes of this regulation a lot of seed potatoes must be treated as if it consists wholly of one variety provided that—

(a) in relation to seed potatoes produced in Wales, the number of seed potatoes in the lot which is not true to variety in relation to the total number of seed potatoes in the lot—


(i) in the case of pre-basic seed potatoes is no more than 0.01 per cent;

(ii) in the case of basic seed potatoes is no more than 0.1 per cent; and

(iii) in the case of certified seed potatoes or test and trial seed potatoes is no more than 0.2 per cent; and



(b) in relation to seed potatoes produced outside Wales, the lot is sufficiently homogeneous in accordance with the standards imposed by the Certification Authority pursuant to the Directive in respect of the marketing of those potatoes.

Packages and containers for seed potatoes
     11. Subject to regulation 17, a person must not market any seed potatoes otherwise than in a package or container.

Labelling of packages and containers of seed potatoes
     12. —(1) Subject to regulation 17, a person must not market—

(a) pre-basic seed potatoes,

(b) basic seed potatoes,

(c) certified seed potatoes, or

(d) test and trial seed potatoes,

other than in a properly labelled package or container in accordance with this regulation.

    (2) For the purposes of this regulation, a properly labelled package or container means a package or container that—

(a) has affixed to the outside an official label; and

(b) subject to paragraph (3), contains an official document.

    (3) Paragraph (2)(b) does not apply where—

(a) the particulars specified in paragraph 14 of Schedule 2 are indelibly printed on the package or container; or

(b) the official label is of an adhesive or wear and tear resistant material.

    (4) Applications to the National Assembly for official labels and official documents must be made in writing and must be accompanied by such information as it may require.

    (5) The National Assembly must only issue an official label or an official document where it is satisfied that—

(a) the seed potatoes are pre-basic seed potatoes, basic seed potatoes, certified seed potatoes or test and trial seed potatoes;

(b) the seed potatoes comply with the minimum size requirements specified in regulation 6(1) and that the maximum variation in size between tubers does not exceed that specified in regulation 6(2);

(c) the seed potatoes are contained in a package or container;

(d) the seed potatoes have not been treated with a product which is produced primarily as an application for inhibiting germination;

(e) the seed potatoes have been harvested, stored, transported and handled so as to minimise the risk of contamination by any of the diseases or pests specified in Schedule 3;

(f) on a sample taken in accordance with regulation 18, the seed potatoes do not exceed any of the tolerances for diseases, pests, damage or defects specified in the appropriate part of Schedule 3; and

(g) there has been no other failure to comply with these Regulations in respect of any of the seed potatoes.

    (6) If a package or container has been re-sealed by an authorised officer in accordance with regulation 13(4) the official label must state—

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

(b) the date of re-sealing; and

(c) the name of the authorised officer responsible for re-sealing.

    (7) Where any pre-basic seed potatoes, basic seed potatoes, certified seed potatoes or test and trial seed potatoes have been treated with any chemical product, the type and function or the proprietary name of that product must be—

(a) stated on a label affixed to the package or container; and

(b) either—


(i) stated on a document contained in the package or container; or

(ii) indelibly printed on the package or container.

    (8) For the purposes of section 16(7)(a) of the Act, information relating to a variety of seed potatoes contained in a statutory statement is not to be held to be false in a material particular by reason only that it is false—

(a) in the case of pre-basic seed potatoes, in respect of no more than 0.01 per cent of the seed potatoes;

(b) in the case of basic seed potatoes, in respect of no more than 0.1 per cent of the seed potatoes; and

(c) in the case of certified seed potatoes and test and trial seed potatoes, in respect of no more than 0.2 per cent of the seed potatoes.

    (9) Except in accordance with the requirements of the Act, these Regulations or Orders made under the Plant Health Act 1967[18], a person must not, in connection with the marketing or the preparation for the marketing of any seed potatoes, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any official label or official document, or any label affixed or document supplied in accordance with paragraph (2).

Sealing of packages and containers
     13. —(1) Subject to regulation 17, a person must not market—

(a) pre-basic seed potatoes,

(b) basic seed potatoes,

(c) certified seed potatoes, or

(d) test and trial seed potatoes,

other than in a properly sealed package or container.

    (2) For the purposes of this regulation, a properly sealed package or container means—

(a) for seed potatoes produced in Wales, a closed package or container that has been sealed with an unbroken sealing device by or under the supervision of an authorised officer; and

(b) for seed potatoes produced outside Wales, a closed package or container that has been sealed in accordance with Article 11(1) of the Directive.

    (3) For the purposes of this regulation a "sealing device" ("dyfais selio") means a device applied in such a manner to a package or container that when the package or container is opened the device will be broken.

    (4) Where a sealing device on a package or container is broken, the package or container must not be re-sealed with a sealing device otherwise than by or under the supervision of an authorised officer.

Identification of genetically modified seed potatoes
     14. A person must not market genetically modified seed potatoes unless—

(a) it is clearly indicated in any marketing information, including any sales catalogue or other marketing representations provided by the person marketing the seed potatoes, that the seed potatoes have been genetically modified; and

(b) any official label or official document, or other label or document, affixed to, accompanying or relating to the seed potatoes clearly indicates that they have been genetically modified.

Seed potatoes from outside the European Community: information
     15. Any person marketing more than two kilograms of seed potatoes that have been imported into Wales from a country outside the European Community must supply the National Assembly, in writing and within one month of the first marketing of the seed potatoes, with the particulars specified in Schedule 6.

Separate particulars
     16. Subject to regulation 17, a person who sells pre-basic seed potatoes, basic seed potatoes, certified seed potatoes or test and trial seed potatoes must issue to the buyer not later than 14 days after the sale, or, if the seed potatoes are not delivered at the time of sale, not later than 14 days after delivery thereof, a sale note, delivery note, invoice or similar document specifying in relation to the seed potatoes the particulars specified in Schedule 7.

Retail sales of seed potatoes
     17. Regulations 11, 12, 13 and 16 do not apply to a sale by retail of less than 50 kilograms of seed potatoes—

(a) in circumstances where at the time of sale there is displayed conspicuously on a label affixed to a package containing the seed potatoes or on a document or notice placed in close proximity to the seed potatoes a statement of the particulars specified in Schedule 7; or

(b) in containers that have not been previously used for any purpose upon each of which has been printed or otherwise legibly and indelibly marked the particulars specified in Schedule 7 or attached to or inserted in each of which is a label marked with those particulars.

Sampling of seed potatoes
     18. —(1) A sample of seed potatoes taken for any purpose in connection with these Regulations must be taken in accordance with this regulation.

    (2) A sample required—

(a) for any purpose in connection with certification of seed potatoes produced in Wales, or

(b) for any other purpose,

must be taken by an authorised officer and, subject to paragraph (3), must be of such quantity or number and from such part or parts of the growing or harvested crop as the authorised officer considers to be appropriate.

    (3) Where a sample is required under paragraph (2)(b) and the bulk of seed potatoes in respect of which a growing crop certificate has been issued consists of seed potatoes—

(a) comprising more than one consignment, or

(b) associated with more than one growing crop certificate,

it must be divided so that each consignment or, as the case may be, the quantity of potatoes associated with each growing crop certificate constitutes a separate lot and each lot must, if necessary, be separately sampled.

Keeping of records
     19. —(1) A person who produces seed potatoes which are intended for marketing must maintain for a period of not less than two years records of purchase of the seed potatoes from which those seed potatoes were produced and particulars of the crops grown.

    (2) A person who markets seed potatoes must maintain for a period of not less than two years a record of his or her marketing of such seed potatoes.

Enforcement — powers of examination and production
     20. —(1) An authorised officer may conduct an examination and take samples of seed potatoes and inspect and take copies of a relevant document for the purpose of ensuring compliance with any provision of these Regulations.

    (2) For the purposes of this regulation a person must permit, at any reasonable time, an authorised officer to—

(a) examine and take samples of seed potatoes in his or her possession or control; and

(b) inspect and take copies of any relevant document in his or her possession or control.

    (3) For the purposes of this regulation an authorised officer may by written notice served on a person require that person to—

(a) produce or make available for examination any seed potatoes or relevant document; or

(b) provide information within his or her knowledge or belief relating to the production, certification or marketing of the seed potatoes.

    (4) A person on whom a notice is served in accordance with paragraph (3) must comply with the requirements of that notice within seven days of such service or such longer time as may be specified in the notice.

    (5) For the purposes of this regulation "relevant document" ("dogfen berthnasol") means any growing crop certificate, official label, official document, other document or label, record or invoice relating to the planting, production, certification or marketing of seed potatoes.

Enforcement — power to withdraw official labels, official documents and growing crop certificates
     21. —(1) The National Assembly may withdraw an official label or official document—

(a) where it is satisfied that the seed potatoes to which the official label or official document relates—


(i) have not been harvested, stored, transported or handled so as to minimise the risk of contamination by any of the diseases or pests specified in Schedule 3;

(ii) on a sample taken in accordance with regulation 18, exceed any of the tolerances for diseases, pests, damage or defects specified in the appropriate part of Schedule 3; or

(iii) otherwise fail to comply with these Regulations; or



(b) where it is satisfied that the official label or official document contains any particular which is false in a material respect.

    (2) The National Assembly may withdraw a growing crop certificate where it is satisfied that—

(a) the requirements of Schedule 1 are not, or are no longer, complied with; or

(b) the growing crop certificate contains any particular which is false in a material respect.

    (3) Where an official label or official document is withdrawn in accordance with paragraph (1)(a)(ii), the seed potatoes from which the sample was taken may be the subject of an official examination in order to determine whether any of them do not exceed the tolerances specified in Schedule 3.

    (4) Where an official examination is conducted in accordance with paragraph (3), the National Assembly may issue an official label or official document in relation to such seed potatoes as are found not to exceed the tolerances in Schedule 3.

    (5) Where an official label, official document or growing crop certificate is withdrawn in accordance with this regulation, an authorised officer may—

(a) remove and retain the official label, official document or growing crop certificate; or

(b) require any person in possession or charge of the official label, official document or growing crop certificate to deliver it to the authorised officer within such time as the authorised officer may specify.

    (6) A person in possession or charge of an official label, official document or growing crop certificate that has been withdrawn in accordance with this regulation must—

(a) permit an authorised officer to remove the official label, official document or growing crop certificate in accordance with paragraph (5)(a); and

(b) comply with any requirement made in accordance with paragraph (5)(b).

Service of notices
     22. —(1) For the purposes of regulation 20(3), a notice is deemed to have been served on any person if it is delivered to him or her personally or left for him or her at his or her last known place of abode or business or sent through the post in a letter addressed to him or her there.

    (2) A notice may—

(a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body;

(b) in the case of a partnership including a Scottish partnership (other than a limited liability partnership), be served on a partner or person having the control or management of the partnership business at the address of the principal office of the partnership; or

(c) in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of that partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Modification of provisions of the Act
     23. —(1) In connection with the provisions of these Regulations the operation of the following provisions of the Act is modified or excluded in accordance with the provisions of this regulation.

    (2) Section 25[19] is modified as if for the purposes of the section any reference to "premises" ("mangre") were a reference to premises as defined in these Regulations and any reference to a subsection containing a reference to premises were a reference to that subsection as so modified.

    (3) Section 25(1) is modified as if the reference to subsection (4) of that section were a reference to that subsection as modified by the provision of paragraph (4).

    (4) In section 25(4) the words from "potatoes" (where it first occurs) to the end are omitted.

    (5) In section 26, subsections (2), (4), (5), (6), (7), (8) and (9) are omitted.

Revocations
     24. The regulations in Schedule 8 are revoked in relation to Wales.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[20].


D. Elis-Thomas
The Presiding Officer of the National Assembly

7 November 2006

(a) the seed potatoes are of a variety of potato species entered in a National List or the Common Catalogue;

(b) the seed potatoes in any one crop are of a single variety;

(c) the seed potatoes are taken from a crop which is free from the following diseases or pests—


(i) Wart Disease (Synchytrium endobioticum (Schilb.) Perc.);

(ii) Potato Cyst Nematode (Globodera species infesting potatoes);

(iii) Ring Rot (Clavibacter michiganensis (Smith) Davis et al. ssp. Sepedonicus (Spieck. & Kotth.) Davis et al.);

(iv) Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.);

(v) Potato Spindle Tuber Viroid;

(vi) Colorado Beetle (Leptinotarsa decemlineata (Say)); and

(vii) Potato Tuber Eelworm (Ditylenchus destructor (Thorne));



(d) 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 (Wales) Order 2006[21] as contaminated with Wart Disease (Synchytrium endobioticum (Schilb.) Perc.) or is within a safety zone demarcated under that Order;

(e) blanking in any of the growing crop of the seed potatoes is not or was not excessive;

(f) the growing crop has not been over-rogued; and

(g) all reasonable husbandry practices for the prevention of the occurrence, development or spread of pests and diseases have been effectively carried out.

(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 (Wales) Order 2006 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 (Wales) Order 2006, 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. A growing crop certificate must not 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. A growing crop certificate must not 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 (Wales) Order 2006 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 (Wales) Order 2006, 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. A growing crop certificate must not 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. A growing crop certificate must not 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 are to be ignored).

[2] Under Article 2 and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964, which were transferred to the Secretary of State by the Transfer of Functions (Wales) (No 1) Order 1978 (S.I. 1978/272), were transferred to the National Assembly for Wales.back

[3] S.I. 1991/2206; relevant amending instruments are S.I. 1992/1031, S.I. 1993/1878, S.I. 1994/2592, S.I. 1997/1474 and S.I. 2000/1788.back

[4] OJ L106, 30.4.1993, p7. The grades of EEC grade 1, EEC grade 2 and EEC grade 3 stated in Commission Directive 93/17/EEC are now referred to as EC grade 1, EC grade 2 and EC grade 3 respectively: references in Article 1 of Commission Decision of 19 December 2003 authorising, in respect of the marketing of seed potatoes in all or part of the territory of certain member States, more stringent measures against certain diseases than are provided for in Annexes I and II to Council Directive 2002/56/EC (OJ L2, 6.1.2004, p47).back

[5] OJ L 106, 17.4.2001, p1.back

[6] OJ L 268, 18.10.2003, p24.back

[7] OJ L 193, 20.7.2002, p60.back

[8] OJ L 25, 30.1.2003, p42.back

[9] OJ L 165, 3.7.2003, p23.back

[10] OJ L 268, 18.10.2003, p1.back

[11] S.I. 2001/3510.back

[12] OJ L 193, 20.7.2002, p1.back

[13] OJ L 362, 9.12.2004, p21.back

[14] OJ L 114, 30.4.2002, p166. This, 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 L 114, 30.4.2002, p1.back

[15] OJ L 301, 28.9.2004, p55.back

[16] 1947 c.48.back

[17] OJ L 2, 6.1.2004, p47.back

[18] 1967 c.8.back

[19] Section 25 was amended by the European Communities Act 1972 (c. 68), Schedule 3, Part III and Schedule 4, paragraph 5(2) and by the Criminal Justice Act 1982 (c. 48), Schedule 6, paragraph 16.back

[20] 1998 c.38.back

[21] S.I. 2006/1643 (W. 158).back