The Seed Potatoes (Wales) Regulations 2006

Regulations 2(1), 21(2) and Schedule 4

SCHEDULE 1 GROWING CROP CERTIFICATES

PART I

General

1.  On receipt of an application for certification of any seed potatoes, an authorised officer must—

(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 must 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 or her—

(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(1) 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.

PART II

Pre-basic seed potatoes

4.  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 any class unless the authorised officer is satisfied that—

(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.

PART III

Basic seed potatoes

7.  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 the authorised officer is satisfied that—

(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.

PART IV

Certified seed potatoes

9.  A growing crop certificate must not be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes in the case of seed potatoes growing or grown in the protected region.

10.  A growing crop certificate must not be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that—

(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).

Regulation 2(1)

SCHEDULE 2 OFFICIAL LABEL AND OFFICIAL DOCUMENT

PART I Official Label

1.  An official label used in relation to pre-basic seed potatoes must be coloured white with a diagonal violet line.

2.  An official label used in relation to basic seed potatoes must be coloured white.

3.  An official label used in relation to certified seed potatoes must be coloured blue.

4.  An official label used in relation to test and trial seed potatoes must be coloured orange.

5.  An official label must measure not less than 110 millimetres x 67 millimetres.

6.  An official label for pre-basic seed potatoes must, in relation to the seed potatoes to which it relates, state the following particulars—

(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 must—

(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 must—

(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, must 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 (Wales) Order 2006; or

(b) as the National Assembly considers appropriate.

PART II Official document

10.  An official document used in relation to pre-basic seed potatoes must be coloured white with a diagonal violet line.

11.  An official document used in relation to test and trial seed potatoes must be coloured orange.

12.  An official document in relation to basic seed potatoes must be predominantly white.

13.  An official document in relation to certified seed potatoes must be predominantly blue.

14.  An official document must, in relation to the seed potatoes to which it relates, state—

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

(b) the month and year of sealing; and

(c) the country of production.

Regulations 2(3), 9(3), 12(5) and 21(1)(3) and (4)

SCHEDULE 3 SPECIFIED DISEASES OR PESTS, DAMAGE AND DEFECTS AND TOLERANCES

PART I Pre-basic seed potatoes of pre-basic TC class produced in Wales

Column 1	Column 2
Specified diseases or pests, damage and defects	Individual tolerances
GROUP I
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil
Potato Spindle Tuber Viroid	Nil
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil
GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)	Nil
Blackleg (Erwinia carotovora (Jones) Bergey et al. spp. atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al. or both)	Nil
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow)	Nil
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	Nil
Dry Rot (Fusarium species)	Nil
Gangrene (Phoma species)	Nil
Frost damaged tubers	Nil
GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	Nil
GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	Nil
Common Scab (Streptomyces species)	Nil
GROUP V
Powdery scab (Spongospora subterranea (Wallr.) Legerh.)	Nil
GROUP VI
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	3.0%
GROUP VII
Dirt or other extraneous matter	1.0%

PART II Pre-basic seed potatoes of pre-basic 1, pre-basic 2, pre-basic 3 or pre-basic 4 class produced in Wales

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, damage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil	—	—
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil	—	—
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil	—	—
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil	—	—
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil	—	—
Potato Spindle Tuber Viroid	Nil	—	—
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil	—	—
GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)	0.2%	—	—
Blackleg (Erwinia carotovora (Jones) Bergey et al. spp. atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al. or both)	Nil	)	)
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow)	0.2%	)	)
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	0.2%	) 0.2%	)
Dry Rot (Fusarium species)	0.2%	)	)
Gangrene (Phoma species)	0.2%	)	)
Frost damaged tubers	0.2%	)	)
GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.2%	)	) 4.0%
GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	1.0%	) 3.0%	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-eighth of whose surface area has been affected are to be deemed to be unaffected by the disease.
Common Scab (Streptomyces species)	3.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-quarter of whose surface area has been affected are to be deemed to be unaffected by the disease.
GROUP V
Powdery scab (Spongospora subterranea (Wallr.) Legerh.)	1.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-eighth of whose surface area has been affected are to be deemed to be unaffected by the disease.
GROUP VI
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	1.0%	—	—
Superficial necrosis caused by potato virus Y	Nil
GROUP VII
Dirt or other extraneous matter	1.0%	—	—

PART III Basic seed potatoes and certified seed potatoes produced in Wales

Column 1	Column 2	Column 3	Column 4
Specified diseases or pests, damage and defects	Individual tolerances	Group tolerances	Collective group tolerances
GROUP I
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil	—	—
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil	—	—
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil	—	—
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil	—	—
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil	—	—
Potato Spindle Tuber Viroid	Nil	—	—
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil	—	—
GROUP II
Blight (Phytophthora infestans (Mont.) de Bary)	1.0%	)	)
Blackleg (Erwinia carotovora (Jones) Bergey et al. spp. atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al. or both)	1.0%	)	)
Soft Rots including Watery Wound Rot (Pythium ultimum Trow)	1.0%	) 1.0%	)
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot	1.0%	)	)
Dry Rot (Fusarium species)	1.0%	)	)
Gangrene (Phoma species)	1.0%	)	)
Frost damaged tubers	1.0%	)	)
Provided that in respect of seed potatoes of a Community Grade the individual tolerances listed in column 2 and the group tolerances listed in column 3 do not exceed 0.5%.
GROUP III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M. B. Ellis)	0.5% except for A and CC classes;	)	)
	2.0% for A and CC classes only
Powdery scab (Spongospora subterranea (Wallr.) Legerh.)	3.0%	) 4.0%	) 4.0%
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-eighth of whose surface area has been affected are to be deemed to be unaffected by the disease (except where powdery scab takes its cankerous form).
GROUP IV
Black Scurf (Rhizoctonia solani Kuhn)	3.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-quarter of whose surface area has been affected in respect of class A and class CC and one-eighth unaffected in respect of all other classes are to be deemed to be unaffected by the disease.
Common Scab (Streptomyces species)	4.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-quarter of whose surface area has been affected are to be deemed to be unaffected by the disease.
GROUP V
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	2.0%	2.0%	)
Superficial necrosis caused by strains of potato virus Y	0.1%
GROUP VI
Dirt or other extraneous matter	1.0%	—	—

PART IV Test and trial seed potatoes

Column 1	Column 2	Column 3
Specified diseases or pests, damage and defects	Individual tolerances	Collective tolerances
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil	—
Potato Cyst Nematode (Globodera species infesting potatoes)	Nil	—
Ring Rot (Clavibacter michiganensis (Smith) Davis et al. spp. sepedonicus (Spieck. & Kotth.) Davis et al.)	Nil	—
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al.)	Nil	—
Potato Spindle Tuber Viroid	Nil	—
Colorado Beetle (Lepinotarsa decemlineata (Say))	Nil	—
Wart Disease (Synchytrium endobioticum (Schlib.) Perc.)	Nil	—
Earth or other extraneous matter	2.0 %	—
Dry and wet rot, except if caused by Synchytrium endobioticum, Clavibacter michiganensis (Smith) Davis et al. ssp. Sepedonicus (Spieck. & Kotth.) Davis et al. or Ralstonia solanacearum (Smith) Yabuuchi et al.	1.0 %	)
External blemishes or tubers other than diseased tubers whose shape is atypical for the variety	3.0 %	) 6.0 %
Common scab: tubers affected over more than one-third of their surface	5.0 %	)

Regulation 2(3) and Schedule 1

SCHEDULE 4 CLASSIFICATION OF SEED POTATOES

PART I Seed potatoes capable of being marketed as pre-basic seed potatoes

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as pre-basic seed potatoes, he or she may classify them as being seed potatoes of any of the classes specified in column 1 of table 1 where he or she is satisfied following inspection that the requirements specified in column 2 in relation to that class have been met.

Table 1

Column 1	Column 2
Class	Requirements
Pre-basic TC	(1) The seed potatoes must— (a) be derived from nuclear stock or tested tubers supplied by a source acceptable to the National Assembly which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the National Assembly, has been grown; and (b) have been kept free from— (i) potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, (ii) witches' broom and blackleg, (iii) deviations of variety and type, and (iv) groundkeepers.
Pre-basic 1	(2) The seed potatoes must— (a) be derived from— (i) nuclear stock or tested tubers supplied by a source acceptable to the National Assembly which have been grown on a unit where no material of the species Solanaceae or other material, other than that derived from nuclear stock or tested tubers from a source acceptable to the National Assembly, has been grown; (ii) a stock which was classified as pre-basic TC in the year preceding the planting of the crop; or (iii) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and (b) have been kept free from— (i) potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, (ii) witches' broom and blackleg, (iii) deviations of variety and type, and (iv) groundkeepers.
Pre-basic 2	(3) The seed potatoes must— (a) be derived from— (i) a stock which was classified as pre-basic 1 in the year preceding the planting of the crop; or (ii) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and (b) have been kept free from— (i) potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, (ii) witches' broom and blackleg, (iii) deviations of variety and type, and (iv) groundkeepers.
Pre-basic 3	(4) The seed potatoes must— (a) be derived from— (i) a stock which was classified as pre-basic 2 in the year preceding the planting of the crop; or (ii) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and (b) have been kept free from— (i) potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, (ii) witches' broom and blackleg, (iii) deviations of variety and type, and (iv) groundkeepers.
Pre-basic 4	(5) The seed potatoes must— (a) be derived from— (i) a stock which was classified as pre-basic 3 in the year preceding the planting of the crop; or (ii) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it; and (b) have been kept free from— (i) potato viruses A, M, S, X, Y, leafroll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus, (ii) witches' broom and blackleg, (iii) deviations of variety and type, and (iv) groundkeepers.

PART II Seed potatoes capable of being marketed as basic seed potatoes

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as basic seed potatoes, he or she may classify them as being seed potatoes of—

(a) any of the classes specified in column 1 of table 2 where he or she is satisfied following inspection that the requirements specified in column 2 in relation to that class have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes; or

(b) a Community Grade where he or she is satisfied following inspection that the requirements of 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( ) have been met.

Table 2

Column 1	Column 2	Column 3
Class	Requirements	Tolerances
Super Elite 1 (SE1)	(6) The seed potatoes must be derived from— (a) a stock of pre-basic seed potatoes or a stock classified under the Seed Potatoes Regulations 1991 as VTSC 1 or VTSC 2 in the year preceding the planting of the crop; or (b) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	(i) deviations from variety and type and groundkeepers — 0.05%. (ii) severe mosaic — nil. (iii) leafroll — 0.01%. (iv) mild mosaic — 0.05%. (v) blackleg — 0.25%.
Super Elite 2 (SE2)	(7) The seed potatoes must be derived from— (a) a stock which was classified as SE1 in the year preceding the planting of the crop; or (b) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class SE1 potatoes.
Super Elite 3 (SE3)	(8) The seed potatoes must be derived from— (a) a stock which was classified as SE2 in the year preceding the planting of the crop; or (b) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class SE1 potatoes.
Elite 1 (E1)	(9) The seed potatoes must be derived from— (a) a stock which was certified as pre-basic seed potatoes or basic seed potatoes (other than E1, E2, E3 or A class) in the year preceding the planting of the crop; or (b) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	(i) deviations from variety and type and groundkeepers — 0.05%. (ii) total virus disease (leafroll, severe mosaic and mild mosaic) — 0.5% of which not more than 0.1% in total is leafroll and severe mosaic. (iii) blackleg — 0.5%.
Elite 2 (E2)	(10) The seed potatoes must be derived from— (a) a stock which was classified as E1 in the year preceding the planting of the crop; (b) basic seed potatoes of Community Grade EC grade 1 or EC grade 2; or (c) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class E1 potatoes.
Elite 3 (E3)	(11) The seed potatoes must be derived from— (a) a stock which was classified as E2 in the year preceding the planting of the crop; or (b) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	As for class E1 potatoes.
A	(12) The seed potatoes must be derived from— (a) inside the protected region, a stock which was certified as pre-basic seed potatoes or basic seed potatoes (other than A class) in the year preceding the planting of the crop; (b) outside the protected region, a stock of pre- basic seed potatoes or basic seed potatoes of Community Grade EC grade 3; or (c) such other seed potatoes as have been notified in writing by the National Assembly as being acceptable to it.	(i) deviations from variety and type and groundkeepers — 0.1%. (ii) total virus disease — 0.8% of which not more than 0.4% in total is leafroll and severe mosaic. (iii) blackleg — 1.0%.

PART III Seed potatoes capable of being marketed as certified seed potatoes

In the course of making a determination for the purposes of Schedule 1, paragraph 1(b), where an authorised officer determines that seed potatoes are capable of being marketed as certified seed potatoes, he or she must classify them as seed potatoes of a class known as CC class where he or she is satisfied on a sample that the requirements specified in column 2 of table 3 in relation to that class have been met and that the tolerances specified in column 3 have not been exceeded in respect of those potatoes.

Table 3

Column 1	Column 2	Column 3
Class	Requirements	Tolerances
CC	The seed potatoes must be produced—	(a) directly from pre-basic seed potatoes, basic seed potatoes or certified seed potatoes; or (b) from a crop grown with the authority of or in circumstances notified in writing as being acceptable to the National Assembly. (i) leafroll and severe mosaic — 2.0% (ii) mild mosaic — 5.0%, providing that the total of leafroll and mild mosaic does not exceed 5% (iii) blackleg — 2.0% (iv) deviations from variety and type and groundkeepers — 0.5%, of which deviation from variety — 0.2%.

Regulation 8

SCHEDULE 5 AUTHORISATION FOR MARKETING SEED POTATOES FOR TEST AND TRIAL PURPOSES

1.  On receipt of an application for authorisation made in accordance with regulation 8, an authorised officer must—

(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 must 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.  An authorisation must not be issued by an authorised officer unless he or she 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 (Wales) Order 2006 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 are to 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.

Regulation 15

SCHEDULE 6 INFORMATION IN RESPECT OF SEED POTATOES OF MORE THAN TWO KILOGRAMS PRODUCED IN A COUNTRY OTHER THAN A MEMBER STATE

• Species

• Variety

• Category

• Country of production and Certification Authority

• Country of despatch

• Importer

• Quantity of seed potatoes

Regulation 16

SCHEDULE 7 PARTICULARS TO BE SPECIFIED IN A SALE NOTE, ETC

• Name and address of the seller

• Net weight (except pre-basic seed potatoes)

• Species (except basic seed potatoes and certified seed potatoes)

• Variety

• Category

• Class (as appropriate)

• Community Grade (if applicable)

• Size (except pre-basic seed potatoes)

• Producer’s identification number or (except for seed potatoes produced in Wales) seed lot reference number

• Particulars of any chemical treatment

Regulation 24

SCHEDULE 8 REVOCATIONS

(1)	(2)
Regulations revoked	References
The Seed Potatoes Regulations 1991	S.I. 1991/2206
The Seed Potatoes (Amendment) Regulations 1992	S.I. 1992/1031
The Seed Potatoes (Amendment) Regulations 1993	S.I. 1993/1878
The Seed Potatoes (Amendment) Regulations 1994	S.I. 1994/2592
The Seed Potatoes (Amendment) Regulations 1997	S.I. 1997/1474
The Seed Potatoes (Amendment) (Wales) Regulations 2001	S.I. 2001/3666

(1)

S.I. 2006/1643 (W. 158).