Importation of Potatoes (Health) (Great Britain) Order 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/409 |
1964 No. 409
PESTS
DESTRUCTIVE INSECTS AND PESTS
The Importation of Potatoes (Health) (Great Britain) Order 196416thMarch 1964
23rdMarch 1964
20thApril 1964
The Minister of Agriculture, Fisheries and Food and the Secretary of State, by virtue and in exercise of the powers vested in them respectively by section 1 of the Destructive Insects Act 1877(a) as extended by section 1 of the Destructive Insects and Pests Act 1907(b) and amended by section 1 of the Destructive Insects and Pests Act 1927(c) and of every other power enabling them in that behalf, order as follows:—
Citation, extent and commencement
1. This Order which may be cited as the Importation of Potatoes (Health) (Great Britain) Order 1964 shall apply to England and Wales and Scotland and shall come into operation on 20th April 1964.
Revocation of previous Orders
2. The Orders specified in Columns 1 and 2 of Schedule 4 to this Order are hereby revoked to the extent specified in Column 3 of the said Schedule.
Interpretation
3.—(1) In this Order unless the context otherwise requires
"appropriate Minister" means in the application of this Order to England and Wales, the Minister of Agriculture, Fisheries and Food and in its application to Scotland the Secretary of State;
"crop" includes seed, plant or any part thereof;
"importer" includes any person who whether as owner, consignor or consignee, agent or broker, is in possession of or in any wise entitled to the custody or control of the potatoes;
"inspector" means an officer authorised by the appropriate Minister for the purposes of this Order;
"landed" includes unloaded from an aircraft and imported by post and "landing" shall be construed accordingly;
"potato" means the tuber or any part of the plant, except true seed, of Solanum tuberosum L. and of other tuber-forming species of Solanum;
"premises" includes any vehicle, vessel or aircraft;
"unhealthy" means carrying or affected with any insect, fungus, pest, bacterium or other vegetable or animal organism destructive to agricultural or horticultural crops or to trees or bushes or with any agent causative of a transmissible crop disease.
(a) 40 & 41 Vict. c. 68.
(b) 7 Edw. 7. c. 4.
(2) The Interpretation Act 1889(a) applies to the Interpretation of this Order as it applies to the interpretation of an Act of Parliament and as if this Order and the Orders hereby revoked were Acts of Parliament.
Exception of certain potatoes
4.—(1) Nothing in this Order shall apply to any potatoes grown in Great Britain.
(2) Nothing in this Order excepting Articles 10, 12, 13, 15 and 16 shall apply to any potatoes grown in Northern Ireland, the Republic of Ireland, the Isle of Man or the Channel Islands.
Prohibition of importation of potatoes for planting
5. The landing in England, Wales or Scotland of potatoes for planting is prohibited.
Restrictions on importation of potatoes other than potatoes for planting
6. The landing in England, Wales or Scotland of potatoes other than potatoes for planting is prohibited unless—
(1) the potatoes were grown in one of the countries or parts of countries specified in Column 1 of Schedule 3 to this Order;
(2) if they are new potatoes, they are landed during the period of the year specified in Column 2 of the said Schedule opposite the name of the country in which they were grown;
(3) the potatoes are accompanied by a phytosanitary certificate and, where appropriate, by one or more supplemental certificates, in accordance with Articles 7 to 9 of this Order;
(4) the potatoes are securely packed in new bags or other new containers;
(5) where the potatoes are packed in new bags or other new containers not being hampers each bag or container shall, on and after the 1st January, 1965, be clearly marked with the name of the country in which the potatoes were grown;
(6) the potatoes are free from Colorado beetle (Leptinotarsa decemlineata Say) and either
(a) during the 12 months preceding the date of the signing of the phytosanitary certificate there was no outbreak of Colorado beetle within a distance of 25 kilometres of the place where the potatoes were grown; or
(b) (i) the potatoes were grown in a district where an intensive system of control of Colorado beetle is in operation, and
(ii) they were riddled (and, in the case of new potatoes, thoroughly washed) in a packing station which was inspected and approved by the Plant Protection Service of the country in which the potatoes were grown, the said riddling and washing being at all times subject to inspection by an authorised officer of the aforesaid Service, and immediately after riddling (and, in the case of new potatoes, washing) the potatoes were packed as required by this Article, with a label attached to each bag or container stating the name of the packing station or the number allocated to it by the aforesaid Service;
(a) 52 & 53 Vict. c. 63.
(7) the potatoes are free from wart disease (Synchytrium endobioticum (Schilb.) Perc.) and were grown on land in which this disease has not occurred at any time and in a region in which physiologic races of wart disease fungus other than the common European race have not occurred at any time;
(8) the potatoes are free from ring rot (Corynebacterium sepedonicum (Spieck. and Kotth.) Skaptason and Burkholder) and were grown in a region in which the disease does not occur;
(9) the potatoes are free from tuber moth (Gnorimoschema operculella (Zell.)); and
(10) the potatoes are substantially free from brown rot (Pseudomonas solanacearum (E. F. Smith) E. F. Smith).
Phytosanitary certificates to accompany consignments
7.—(1) Each consignment of potatoes landed in England, Wales or Scotland shall be accompanied by a phytosanitary certificate in the form set out in Schedule 1 to this Order, except that, where a consignment is accompanied by a supplemental certificate in accordance with Article 8 of this Order, a facsimile copy of the phytosanitary certificate, endorsed by the Plant Protection Service of the country in which the potatoes were unloaded or landed as being a true copy, may accompany the...
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