Seed Potatoes Regulations 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/412 |
| Year | 1984 |
1984 No. 412
SEEDS
The Seed Potatoes Regulations 198415thMarch 1984
2ndApril 1984
23rdApril 1984
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly in exercise of the powers conferred by sections 16(1), (1A), (2), (3), (4), (5) and (8) and 36 as read with section 38(1) of the Plant Varieties and Seeds Act 1964(a), and now vested in them(b) and of all other powers enabling them in that behalf, after consultation with representatives of such interests as appear to them to be concerned, hereby make the following regulations:—
Extent, citation and commencement
1. These regulations, which apply to Great Britain, may be cited as the Seed Potatoes Regulations 1984 and except where otherwise provided shall come into operation on [23rd April 1984]
Interpretation
2.— (1) In these regulations, unless the context otherwise requires—
"the Act" means the Plant Varieties and Seeds Act 1964;
"authorised officer" means an officer of the Minister or a person authorised by the Minister to execute Part II of the Act;
"basic seed potatoes" means—
(a) in relation to seed potatoes produced in Great Britain, seed potatoes in relation to which a basic seed potatoes certificate has been issued in accordance with Parts I, II and IV of Schedule I; and
(b) in relation to seed potatoes produced outside Great Britain, seed potatoes being a lot or part of a lot imported into Great Britain in a package or container, to or in which a label or document, approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, has been affixed
(a) 1964 c. 14; section 16 was amended by the European Communities Act 1972 (c.68), section 4(1) and paragraph 5(1), (2) and (3) of Schedule 4; Section 16 is applied to seed potatoes by section 29(1); section 29 was amended by the European Communities Act 1972, section 4(1) and paragraph 5(4) of Schedule 4; and section 38(1) was amended by S.I. 1978/272, Schedule 5, paragraph 10.
(b) In the case of the Secretary of State for Wales by virtue of S.I. 1978/272.
or placed, stating that on examination of the potatoes they were classified as seed potatoes of a basic category in that country or place;
"basic seed potatoes certificate" means a certificate issued in accordance with Parts I, II and IV of Schedule 1;
"certificate" means a certificate issued by or on behalf of the Minister in accordance with Schedule 1 stating in respect of the seed potatoes to which it relates the particulars specified in Schedule 2;
"certified seed potatoes" means—
(a) in relation to seed potatoes produced in Great Britain, seed potatoes in relation to which a certified seed potatoes certificate has been issued in accordance with Parts I, III and IV of Schedule 1; and
(b) in relation to seed potatoes produced outside Great Britain, seed potatoes being a lot or part of a lot imported into Great Britain in a package or container, to or in which a label or document, approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, has been affixed or placed, stating that on examination of the potatoes they were classified as seed potatoes of a certified category in that country or place;
"certified seed potatoes certificate" means a certificate issued in accordance with Parts I, III and IV of Schedule 1;
"class" means—
(a) in relation to seed potatoes produced in Great Britain the class in which the seed potatoes were placed during the course of classification and specified in the certificate relating to those potatoes, being, in the case of certified seed potatoes, CC class and in the case of basic seed potatoes any one of the classes specified in order of superiority in column 1 of paragraph 2 of Schedule 3; and
(b) in relation to seed potatoes produced outside Great Britain, the class specified in a label or document approved by the authority concerned with classification of seed potatoes in the country or place where the potatoes were produced, being a label affixed to or document contained in the package or container in which the seed potatoes are imported into Great Britain;
and "classifying" and "classified" shall be construed accordingly;
"classification" in relation to seed potatoes produced in Great Britain means classification in accordance with Schedule 1;
"lot" means 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 14;
"marketing" includes the offer for sale, exposure for sale, sale and possession with a view to sale of seed potatoes and any transaction in the course of business—
(a) under which the property in seed potatoes is transferred from one person to another; or
(b) under which the seed potatoes are made over by one person to another in pursuance of a contract under which the seed potatoes will be used for producing further potatoes;
and "market" and "marketed" shall be construed accordingly;
"the Minister" means as respects England, the Minister of Agriculture, Fisheries and Food and as respects Scotland or Wales, the Secretary of State;
"official document" means a document supplied by or on behalf of the Minister, in accordance with Part II of Schedule 4;
"official examination" means an examination carried out by or on behalf of the Minister;
"official label" means a label supplied by or on behalf of the Minister in accordance with Part I of Schedule 4;
"package or container" means—
(a) any bag or sack, being new and not exceeding in capacity 1 tonne;
(b) any package or container approved by the Minister, including any chitting tray, box or crate being new, or which having been previously used for any purpose, has, with the approval of the Minister, been cleaned and disinfected since being last so used;
"potato" 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;
"premises" includes any land or building other than a private dwelling-house and also includes any vehicle, vessel, aircraft, hovercraft or freight container;
"protected region" means the area of Great Britain specified in the Schedule to the Prevention of Spread of Pests (Seed Potatoes) (Great Britain) Order 1974(a), that is to say the whole of Scotland and the following parts of England, namely:— the county of Northumberland excluding the districts of Blyth Valley and Wansbeck, and the county of Cumbria excluding the districts of Barrow-in-Furness and South Lakeland;
"scheme" means any scheme authorised by the Minister for the inspection of growing crops of potatoes;
"seed potatoes" means 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;
"seed potatoes produced outside Great Britain" means seed potatoes produced in Belgium, Denmark, Federal Republic of Germany, France, Greece, Italy, Luxembourg, Netherlands, Republic of Ireland, Northern Ireland, the Isle of Man, the Channel Islands or any country or place in which seed potatoes are produced in circumstances notified in writing as being acceptable to the Minister;
"size" in relation to seed potatoes means the size of the square mesh of the riddle or gauge through or by which the seed potatoes may be passed or retained; sizes over 35mm must be stated in multiples of 5mm;
"specified disease or pest" means any disease or pest specified in Groups I to IV inclusive of column 1 of Parts I and II of Schedule 5 and Groups I to III inclusive of column 1 of Part III of Schedule 5.
(2) Any reference in these regulations to a numbered regulation or Schedule
(a) S.I. 1974/1152.
shall be construed as a reference to the regulation or Schedule bearing that number in these regulations.
(3) Any reference in these regulations to a tolerance in relation to potatoes comprised in a sample shall be construed—
(a) in relation to potatoes in the sample affected by a specified disease or pest, damage or any combination of such disease or pest or damage, as a reference to the proportion of the weight of potatoes so affected in relation to the total weight of the sample, expressed as a percentage;
(b) in relation to potatoes in the sample affected by dirt or other extraneous matter, 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.
Revocation
3. The Seed Potatoes Regulations 1978(a) are hereby revoked with effect from 1st July 1984.
Potatoes to which the regulations apply
4. These regulations apply to seed potato crops grown in 1984 and subsequent seasons.
Potatoes to which the regulations do not apply
5. Nothing in these regulations shall apply to seed potatoes used or to be used for the purposes of scientific investigation under the authority of the Minister or in the course of a process of selection by or under the supervision of an authorised officer.
Marketing of seed potatoes
6.— (1) Subject to the provisions of regulation 20 no person shall market any seed potatoes other than basic seed potatoes or certified seed potatoes.
(2) Subject to the provisions of regulation 20 no person shall market any basic seed potatoes or certified seed potatoes—
(a) which have been treated with a product which is produced primarily as an application for inhibiting germination; or
(b) which are of a size less than 25 millimetres; or
(c) as being of a class superior to that in which those potatoes were classfied.
Classification of seed potatoes
7.— (1) Basic seed potatoes produced in Great Britain shall be classified by an authorised officer into one of the following classes "VTSC1", "VTSC2",
(a) S.I. 1978/215.
"Super Elite 1", "Super Elite 2", "Super Elite 3", "Elite" or "AA" in accordance with...
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