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Seed Potatoes Regulations (Northern Ireland) 2001

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Withholding or withdrawal of sealing devices or official labels

13.—(1) An authorised officer may in respect of a lot or any part thereof withhold or withdraw a sealing device or official label where the officer is reasonably satisfied that—

(a)the lot or part thereof has not been so harvested, stored, prepared for marketing, transported, handled or graded as to ensure that seed potatoes of one class or variety have been or are kept separate from all other potatoes;

(b)the lot or part thereof does not comply with the requirements as to varietal purity and size specified in Schedule 4 in relation to a lot of seed potatoes of the class stated on the label;

(c)the lot or part thereof is not contained, or intended for delivery, in a package or container;

(d)the lot or part thereof has been treated with a product which is produced primarily as an application for inhibiting germination;

(e)a sample taken from the lot exceeds any of the tolerances for disease, pest, damage, blemish or impurity specified in the Tables set out in Schedule 6;

(f)an official label already issued in respect of the lot contains particulars which are false in a material respect;

(g)the lot is delivered, or intended for delivery, in conditions which expose potatoes in the lot to damage by frost or other weather conditions; or

(h)there has been any other failure to comply with the provisions of these Regulations.

(2) Where a certificate has been issued in respect of a crop and Potato Cyst Nematode is subsequently found in the land in which any of the potatoes comprised in that crop were grown an authorised officer shall cancel such certificate in respect of any unsold portion of that crop or part thereof.

(3) If in the opinion of the Department weather conditions are such that they do not permit delivery in the course of marketing of pre-basic seed potatoes or basic seed potatoes produced in Northern Ireland without a risk of damage by frost to such potatoes the Department may, for such period as it may decide, withhold sealing devices for such potatoes. A decision so to withhold sealing devices shall be communicated by the Department to representatives of such interests as appear to the Department to be concerned.

(4) An authorised officer shall not, without the authority of the person who in accordance with regulation 8 made application for certification and classification of the crop, apply a sealing device to any seed potatoes from such crop.

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