The Seed Potatoes (England) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1953 |
| Year | 2015 |
(1) These Regulations may be cited as the Seed Potatoes (England) Regulations 2015 and come into force on 1st January 2016.(2) They apply to England only.(3) They do not apply to seed potatoes intended for export from England to any country outside F52Great Britain.(1) In these Regulations—
- “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—
- (a) in relation to seed potatoes produced in England, seed potatoes intended mainly for the production of certified seed potatoes and which have been certified as basic seed potatoes in accordance with regulation 10;
-
(b) in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official labelF37, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—
- (i) in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- (ii) in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 2, 5, 7, 9, 10 and 11 of Part 1 of Schedule 2;
- “category” means the category of pre-basic seed potatoes, basic seed potatoes or certified seed potatoes ...;
- “certification” (and “certified” is to be construed accordingly) means—
- (a) in relation to seed potatoes produced in England, certification in accordance with regulation 10; and
-
(b) in relation to seed potatoes produced outside England, certification by the Certification Authority F40in accordance with—
- (i) in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;
- (ii) in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to regulation 10(2) and (3) ;
- “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—
- (a) in relation to seed potatoes produced in England, seed potatoes intended mainly for the production of potatoes other than seed potatoes and which have been certified (as certified seed potatoes) in accordance with regulation 10;
-
(b) in relation to seed potatoes produced outside England, seed potatoes brought into England in a package or container bearing an official label F42, stating that the potatoes were certified as certified seed potatoes and the grade, in accordance with—
- (i) in the case of seed potatoes produced in Wales, Part 1 of Schedule 2 of the Seed Potatoes (Wales) Regulations 2016 ;
- (ii) in the case of seed potatoes produced in a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to paragraphs 3, 5, 7, 9, 10 and 11 of Schedule 2;
- “Common Catalogue” means the common catalogue of varieties of species of agricultural plants published in the Official Journal of the European Union;
- F43“country granted equivalence” means a country that has been assessed by the Secretary of State that seed potatoes from that country are produced under conditions equivalent to the requirements of these Regulations;
- “Crown Dependency” means the Isle of Man and any of the Channel Islands;
-
“equivalent grade” means—
- ((a) ) for Northern Ireland, an equivalent Union grade;
- ((b) ) for a Crown Dependency or a country granted equivalence, a grade recognised by the Secretary of State as being equivalent to a GB grade;
-
“equivalent Union grade” means—
- (a) for “ GB grade PBTC”, “Union grade PBTC”;
- (b) for “GB grade PB”, “Union grade PB”;
- (c) for “GB grade S”, “Union grade S”;
- (d) for “GB grade SE”, “Union grade SE”;
- (e) for “GB grade E”, “Union grade E”;
- (f) for “GB grade A”, “Union grade A”;
- (g) for “GB grade B”, “Union grade B”;
- “GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;
- “genetically modified” has the same meaning as in the Deliberate Release Directive;
-
F44“the GMO regulations” means—
- (a) in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 ;
- (b) in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;
- (c) in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;
- (d) in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003;
- F45“grade” includes the GB grade;
- “growing crop certificate” means a growing crop certificate issued by the Secretary of State in accordance with Schedule 1;
- “lot” 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 17;
- “marketing” means—
- (a) selling, holding with a view to sale or offering for sale, or
- (b) any disposal, supply or transfer for the purpose of commercial exploitation of seed potatoes to third parties,
... - “National Lists Regulations” means the Seeds (National Lists of Varieties) Regulations 2001;
- F8“the Official Controls (Plant Health) Regulations” means the Official Controls (Plant Health and Genetically Modified Organisms)...
To continue reading
Request your trial