The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020

Amendment of schedule 2

21.—(1) Schedule 2 (specific measures relating to certain solanaceous species) is amended as follows.

(2) In Part 3 (measures for the control of Potato Wart Disease), in paragraph 9(1), after “of this schedule” insert “a plant health inspector must serve a notice under regulation 15 requiring that”.

(3) In Part 6 (measures for the control of Potato Ring Rot), in paragraph 29(1), for heads (a) and (b) substitute—

“(a) a plant health inspector must serve a notice under regulation 15 requiring that no person may—

(i) knowingly plant that material, or

(ii) knowingly cause or permit that plant material to be planted, and

(b) the notice under regulation 15 must require that material to be disposed of in accordance with sub-paragraph (2)”.

(4) In Part 7 (measures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.), at paragraph 40(1), after “of this schedule” insert “the plant health inspector must serve a notice under regulation 15 requiring that”.

(5) At the end insert—

“PART 8 Measures relating to potatoes originating in Egypt

48.— (1) In this paragraph, “potatoes originating in Egypt” means any tubers of Solanum tuberosum L., grown in Egypt, which are introduced into the Union territory under Commission Implementing Decision 2011/787/EU.

(2) Subject to sub-paragraph (3), no professional operator may—

(a) move any Egyptian potatoes within Scotland unless they are labelled to indicate that they originate in Egypt,

(b) carry out in the course of business any treatment, including washing, of potatoes originating in Egypt other than in premises that the Scottish Ministers have approved in writing for that purpose.

(3) Sub-paragraph (2) does not apply to the packing or preparation of potatoes in a shop, restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) for delivery to the final consumer.

(4) On having reasonable grounds for suspecting a contravention or likely contravention of sub-paragraph (2), a plant health inspector may exercise the powers conferred by regulation 15 as if a potato originating in Egypt was, within the meaning of regulation 14, prohibited material which the inspector suspects to be present or likely to be present, or which the inspector has become aware is present, on any premises for the purposes of that regulation.”.