The Seed Potatoes (Wales) Regulations 2016

Regulation 2(1)

SCHEDULE 1 Growing crop certificates

PART 1 General

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

(a) allocate to the person making the application a number to be known as the “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 grades 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.—(1) A growing crop certificate must state—

(a) the name and address of the applicant;

(b) the categories and grades 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; and

(h) the location of the field on which the seed potatoes were grown.

(2) In sub-paragraph (1), “agricultural unit” (“uned amaethyddol”) has the meaning assigned to that expression in section 109(2) of the Agriculture Act 1947(1).

3.  A growing crop certificate may only be issued where an authorised officer is satisfied, in relation to the seed potatoes examined by that officer, that—

(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(2) 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 diseases and pests have been effectively carried out.

PART 2 Pre-basic seed potatoes

4.—(1) No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of any grade unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—

(a) is land which, as a result of a soil test carried out by the Welsh Ministers prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);

(b) is not demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 as infested with a European population of Potato Cyst Nematode; and

(c) has not been used for growing potatoes at any time during the seven years immediately preceding the planting of the crop.

(2) But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.

5.  No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of Union grade PBTC 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.  No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as pre-basic seed potatoes of Union grade PB unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—

(a) more than 0.01% by number of growing plants which deviate from variety and type or are a different variety; or

(b) more than 0.5% by number of growing plants which show symptoms of virus diseases where those symptoms are attributable to infection in the mother crop.

PART 3 Basic seed potatoes

7.—(1) No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any grade unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—

(a) is land which, as a result of a soil test carried out by the Welsh Ministers prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);

(b) is not demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 as infested with a European population of Potato Cyst Nematode; and

(c) has not been used for growing potatoes at any time during the five years immediately preceding the planting of the crop.

(2) But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.

8.  No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as basic seed potatoes of any grade unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is not likely to contain—

(a) more than 0.25% by number of growing plants which do not breed true to variety or are a different variety; and

(b) in the case of—

(i) Union grade S, not more than 1%,

(ii) Union grade SE, not more than 2%, and

(iii) Union grade E, not more than 4%,

by number of growing plants which show symptoms of virus diseases prevalent in Europe where those symptoms are attributable to infection in the mother crop.

PART 4 Certified seed potatoes

9.—(1) No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the land on which the seed potatoes are growing or were grown—

(a) is land which, as a result of a soil test carried out by the Welsh Ministers prior to the planting of the crop, has been found not to be contaminated with Potato Cyst Nematode (Globodera species infesting potatoes);

(b) is not demarcated under Schedule 15 to the Plant Health (Wales) Order 2006 as infested with a European population of Potato Cyst Nematode; and

(c) has not been used for growing potatoes at any time during the four years immediately preceding the planting of the crop.

(2) But sub-paragraph (1)(a) does not apply in the case of seed potatoes grown in a soil-free medium.

10.  No growing crop certificate may be issued containing a statement that seed potatoes are capable of being marketed as certified seed potatoes unless the authorised officer is satisfied that the immediately succeeding crop produced from the seed potatoes is likely to contain—

(a) in the case of—

(i) Union grade A, not more than 0.5%, and

(ii) Union grade B, not more than 0.5%,

by number of growing plants which do not breed true to variety or are a different variety; and

(b) in the case of—

(i) Union grade A, not more than 8%, and

(ii) Union grade B, not more than 10%,

by number of growing plants which show symptoms of severe virus diseases prevalent in Europe where those symptoms are attributable to infection in the mother crop.

Regulation 2(1)

SCHEDULE 2 Official labels and official documents

PART 1 Official labels

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 abbreviations;

(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;

(f) the grade; and

(g) the description “pre-basic seed potatoes”.

7.  An official label for basic seed potatoes or certified seed potatoes must—

(a) contain the statement “EU 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 distinguishing abbreviations;

(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) the grade;

(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, 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 National Lists Regulations for acceptance of the variety concerned on to a National List;

(vii) the size; and

(viii) the net weight.

9.  In the case of seed potatoes of a conservation variety, in addition to the requirements of paragraphs 1 to 8, an official label must contain the further information required by Article 18 of Directive 2008/62/EC.

10.  Without prejudice to paragraphs 1 to 8, an official label may contain such further statements—

(a) concerning the field generation to which the seed potatoes belong;

(b) as 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

(c) as the Welsh Ministers consider appropriate.

11.  Where the field generation is not indicated on the official label, seed potatoes are deemed to belong to—

(a) in the case of pre-basic seed potatoes, the fourth generation;

(b) in the case of basic seed potatoes—

(i) of Union grade S, the fifth generation;

(ii) of Union grade SE, the sixth generation;

(iii) of Union grade E, the seventh generation;

(c) in the case of certified seed potatoes of Union grade A or Union grade B, the ninth generation.

PART 2 Official documents

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

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

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

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

16.  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

PART 3 Language requirements

17.  An official label or official document must be in English and may also be in Welsh.

18.  In addition to the English text that must be included by virtue of paragraph 6(g), any equivalent Welsh text must include the description “tatws hadyd cyn-sylfaenol”.

19.  In addition to the English text that must be included by virtue of paragraph 7(a), any equivalent Welsh text must contain the statement “Rheolau a Safonau’r UE”;

20.  In addition to the English text that must be included by virtue of paragraph 8(a), any equivalent Welsh text must contain the statement “amrywogaeth nas rhestrwyd yn swyddogol eto” and “ar gyfer profi a threialu’n unig”.

Regulation 2(3)

SCHEDULE 3 Specified diseases or pests, damage and defects and tolerances

PART 1 Pre-basic seed potatoes of Union grade PBTC produced in Wales

Column 1 Specified diseases or pests, damage and defects	Column 2 Individual tolerances
Group 1
Wart Disease (Synchytrium endobioticum (Schilb) 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, including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety	Nil
Superficial necrosis caused by potato virus Y	Nil
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani)	Nil
Group VII
Dirt or other extraneous matter	1.0%

PART 2 Pre-basic seed potatoes of Union grade PB produced in Wales

Column 1 Specified diseases or pests, damage and defects	Column 2 Individual tolerances	Column 3 Group tolerances	Column 4 Collective group tolerances
Group I
Wart Disease (Synchytrium endobioticum (Schilb) Perc)	Nil	–	–
Potato Tuber Eelworm (Ditylenchus destructor Thorne)	Nil	–	–
Potato Cyst Nematode (Globodera species infest-ing 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	0.2%	)	)
Soft Rots including: Watery Wound Rot (Pythium ultimumTrow)	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%	)	) 6.0%
Group IV
Black Scurf (Rhizoctonia solani Kuhn)	1.0%	) 5.0%	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease
Common Scab (Streptomyces species)	5.0%	)	)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are 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-tenth of whose surface area has been affected are deemed to be unaffected by the disease
Group VI
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety	3.0%	)	–
Superficial necrosis caused by potato virus Y	Nil	) 3.0%	–
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani)	0.5%	)	–
Group VII
Dirt or other extraneous matter	1.0%	–	–

PART 3 Basic seed potatoes and certified seed potatoes produced in Wales

Column 1 Specified diseases or pests, damage and defects	Column 2 Individual tolerances	Column 3 Group tolerances			Column 4 Collective group tolerances
Group I
Wart Disease (Synchytrium endobioticum (Schilb) 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)			0.5%	)		)
Blackleg (Erwinia carotovora (Jones) Bergey et al spp) atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al or both			0.5%	)		)
Soft Rots including Watery Wound Rot (Pythium ultimumTrow)			0.5%	) 0.5%		)
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot			0.5%	)		)
Dry Rot (Fusarium species)			0.5%	)		)
Gangrene (Phoma species)			0.5%	)		)
Frost damaged tubers			0.5%	)		)
Any of these Group II defects that present as a wet rot symptom			0.2%	)		)
Group III
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M B Ellis)			0.5% except Union grade E, Union grade A and Union grade B grades; 2.0% for Union grade E, Union grade A and Union grade B grades only	)		)
Powdery scab (Spongospora subterranea (Wallr) Legerh) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease (except where powdery scab takes its cankerous form)			3.0%	) 5.0%		6.0% for basic seed potatoes and 8.0% for certified seed potatoes
Group IV
Black Scurf (Rhizoctonia solani Kuhn)			5.0%	)		)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease
Common Scab (Streptomyces species)			5.0%	)		)
Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are deemed to be unaffected by the disease
Group V
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety			3.0%	)		–
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani)			1.0%	) 3.0%		–
Superficial necrosis caused by strains of potato virus Y			0.1%	)		–
Group VI
Dirt or other extraneous matter			1.0%	–		–

PART 4 Test and trial seed potatoes

Column 1 Specified diseases or pests, damage and defects	Column 2 Individual tolerances	Column 3 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 (Schilb) Perc)	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	–
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 including damaged tubers 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%	)

(1) The diseases, pests, damages and defects that are to be aggregated for a relevant group tolerance; collective group tolerance or collective tolerance are indicated by “)”.

(2) The diseases, pests, damages and defects that should not be aggregated for a relevant group tolerance; collective group tolerance or collective tolerance are indicated by “–”.

(3) Horizontal lines within a column indicate the extent of a relevant group tolerance; collective group tolerance or collective tolerance.

Regulation 2(3)

SCHEDULE 4 Grading of seed potatoes

PART 1 Seed potatoes capable of being marketed as pre-basic seed potatoes

In the course of making a determination for the purposes of paragraph 1(b) of Schedule 1, where an authorised officer determines that seed potatoes are capable of being marketed as pre-basic seed potatoes, that officer may grade them as being seed potatoes of any of the Union grades specified in column 1 of Table 1 where that officer is satisfied following inspection that the requirements specified in column 2 in relation to that grade have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes.

Table 1

Column 1 Union Grade	Column 2 Requirements	Column 3 Tolerances
PBTC	(1) The seed potatoes must—	Nil
	(a) be derived from nuclear stock or tested tubers—
	(i) that are free from Pectobacterium spp., Dickeya spp., potato viruses A, M, S X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco venial necrosis or any other significant virus; and
	(ii) supplied by a source acceptable to the Welsh Ministers, 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 Welsh Ministers, has been grown;
	(b) have been kept free from—
	(i) potato viruses A, M, S, X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco veinal necrosis or any other significant virus;
	(ii) witches’ broom and backleg;
	(iii) deviations of variety and type; and
	(iv) groundkeepers;
	(c) have been produced (in the case of plants and tubers) through micro-propagation in a protected facility and in a growing medium that is free from pests; and
	(d) (in the case of tubers) not been multiplied beyond the first generation.
PB	(1) The seed potatoes must be derived from—
	(a) nuclear stock or tested tubers—
	(i) supplied by a source acceptable to the Welsh Ministers, 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 Welsh Ministers, has been grown; and	(i) Blackleg - nil
	(ii) that are free from Pectobacterium spp., Dickeya spp., potato viruses A, M, S X, Y, leaf roll, potato mop top virus, tobacco rattle virus and tobacco venial necrosis or any other significant virus; or	(ii) Not true to type or of a different variety, including groundkeepers 0.01%
	(b) a stock graded as Union grade PB of a previous field generation in the year preceding the planting of the crop; or	(iii) Potato viruses Y, A and leaf roll - nil
	(c) such other seed potatoes as are notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers;	(iv) Other mosaic viruses 0.1%
	(2)The seed potatoes must have been kept free from—
	(i) potato viruses A, M, S, X, Y, leaf roll, 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;
	(iv) groundkeepers;
	(v) plants of a different variety.
	(3) The maximum number of field generations is four

PART 2 Seed potatoes capable of being marketed as basic seed potatoes

In the course of making a determination for the purposes of paragraph 1(b) of Schedule 1, where an authorised officer determines that seed potatoes are capable of being marketed as basic seed potatoes, that officer may grade them as being seed potatoes of any of the Union grades specified in column 1 of Table 2 where that officer is satisfied following inspection that the requirements specified in column 2 in relation to that grade have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes.

Table 2

Column 1	Column 2	Column 3
Union grade	Requirements	Tolerances
S	(1) The seed potatoes must be derived from—	(i) Deviations from variety and type or different variety, including groundkeepers - 0.1%
	(a) a stock of pre-basic seed potatoes or a stock which was graded as Union grade S of field generation four or less in the year preceding the planting of the crop; or
	(b) such other seed potatoes as are notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers	(ii) Potato viruses Y, A and leaf roll either individually or in combination - 0.02%
	(2) The maximum number of field generations, including previous generations at pre-basic grade, is five.	(iii) Total virus including other mosaic viruses and potato viruses Y, A and leaf roll – 0.2%
		(iv) Blackleg – 0.1%
SE	(1) The seed potatoes must be derived from—	(i) Deviations from variety and type or different variety, including groundkeepers -0.1%
	(a) a stock of pre-basic seed potatoes or a stock which was graded Union grade S or Union grade SE field generation five or less in the year preceding the planting of the crop; or
	(b) such other seed potatoes as are notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers	(ii) Potato viruses Y, A and leaf roll either individually or in combination - 0.1%
	(2) The maximum field generations, including previous generations at pre-basic or basic grade, is six.	(iii) total virus including other mosaic viruses and potato viruses Y, A and leaf roll – 0.5%
		(iv) Blackleg – 0.5%
E	(1) The seed potatoes must be derived from—	(i) Deviations from variety and type or different variety, including groundkeepers - 0.1%
	(a) a stock of pre-basic seed potatoes or a stock which was graded as Union grade S or Union grade SE in the year preceding the planting of the crop;
	(b) a stock of pre-basic seed potatoes or a stock which was graded as Union grade S, Union grade SE or Union grade E field generation six or less in the year preceding the planting of the crop; or	(ii) Potato viruses Y, A and leaf roll either individually or in combination - 0.4%
	(c) such other seed potatoes as are notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers.	(iii) Total virus including other mosaic viruses and potato viruses Y, A and leaf roll - 0.8%
	(2) The maximum field generations, including previous generations at pre-basic or basic grade, is seven.	(iv) Blackleg – 1.0%

PART 3 Seed potatoes capable of being marketed as certified seed potatoes

In the course of making a determination for the purposes of paragraph 1(b) of Schedule 1, where an authorised officer determines that seed potatoes are capable of being marketed as certified seed potatoes, that officer may grade them as seed potatoes of any of the grades specified in column 1 of Table 3 where that officer is satisfied following inspection that the requirements specified in column 2 in relation to that grade have been met and that the tolerances specified in column 3 have not been exceeded in respect of those seed potatoes.

Table 3

Column 1	Column2	Column3
Union grade	Requirements	Tolerances
A	The seed potatoes must be produced—
	(a) directly from pre-basic seed potatoes, basic seed potatoes or certified seed potatoes that have been graded Union grade A field generation eight; or	(i) Potato viruses Y, A and leaf roll either individually or in combination – 2.0%
	(b) from a crop grown with the authority of or in circumstances notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers.	(ii) Other viruses - 2.0%
		(iii) Combination of potato viruses Y, A and leaf roll and other viruses - 2.0%
		(iv) Blackleg - 2.0%
		(v) Deviations from variety and type or different variety, including groundkeepers -0.2%
B	The seed potatoes must be produced—
	(a) directly from pre-basic seed potatoes, basic seed potatoes, certified seed potatoes that have been graded Union grade A field generation eight or certified seed potatoes that have been graded Union grade B field generation eight; or	(i) Potato viruses Y, A and leaf roll either individually or in combination - 6.0%
	(b) from a crop grown with the authority of or in circumstances notified in writing by the Welsh Ministers as being acceptable to the Welsh Ministers.	(ii) Other viruses - 6.0%
		(iii) Combination of potato viruses Y, A and leaf roll and other viruses - 6.0%
		(iv) Blackleg - 4.0%
		(v) Deviations from variety and type or different variety, including groundkeepers -0.5%

Regulation 9

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 9, an authorised officer must—

(a) allocate to the person making the application a number to be known as the “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 4 of Schedule 3 have been met; and

(c) subject to paragraph 3 and regulation 9, 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.  No authorisation is to be issued by an authorised officer unless that officer 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 National Lists Regulations for acceptance of the variety concerned on to a National List and that 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(3) 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%;

(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% by number of growing plants which do not breed true to variety and not more than 0.2% by number of growing plants which are of a different variety; and

(ii) not more than 10% 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); and

(g) the seed potatoes are ascertained not to be affected by any of the tolerances for diseases or pests, damage or defects specified in Part 4 of Schedule 3.

Regulation 16

SCHEDULE 6 Information in respect of seed potatoes of more than 2 kilograms produced in a country other than a member State

• Species.

• Variety.

• Category.

• Country of production and Certification Authority.

• Country of dispatch.

• Importer.

• Quantity of seed potatoes.

Regulation 17

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.

• Grade (as appropriate).

• 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.

(1)

1947 c. 48.

(2)

S.I. 2006/1643 (W. 158), amended by S.I. 2010/1795 (W. 171); there are other amending instruments but none is relevant.

(3)

S.I. 2006/1643 (W. 158), amended by S.I. 2010/1795 (W. 171); there are other amending instruments but none is relevant.