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Seed Potatoes Regulations (Northern Ireland) 2001

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Sub-standard seed potatoes

19.—(1) Where in the course of an official examination of seed potatoes an authorised officer is reasonably satisfied that such potatoes do not meet the requirements of these Regulations the officer shall serve a notice on the person in whose possession or charge the potatoes appear to be so informing that person and prohibiting delivery in the course of marketing of those potatoes as seed potatoes.

(2) Where in the course of an official examination of seed potatoes an authorised officer is of the opinion that any of such potatoes are affected, or may within a period of 14 days beginning with the date of such examination become affected, by a disease, pest or damage to such an extent that such potatoes may not meet the requirements of these Regulations the officer may serve a notice on the person in whose possession or charge the potatoes appear to be so informing that person and prohibiting delivery of those potatoes.

(3) A notice under paragraph (1) or (2) may require the person upon whom such notice is served to carry out on such premises at such time, within such period and in accordance with such methods as are stated in the notice the measures set out therein, being measures which in the opinion of the authorised officer are necessary—

(a)to ensure that the requirements of these Regulations are met; or

(b)to prevent the spread by means of the seed potatoes of any disease or pest, including in particular, but without prejudice to the generality of the foregoing, any of the measures set out in Schedule 9.

(4) The measures set out in a notice under paragraph (1) or (2) shall—

(a)not be varied except by or in accordance with the consent of an authorised officer;

(b)be carried out to the satisfaction of an authorised officer by and at the expense of the person upon whom the notice has been served.

(5) Where a notice under paragraph (1) or (2) has been served, and until such time as the requirements of that notice have been complied with to the officer’s satisfaction, an authorised officer may withhold or remove or cause to be removed and retain any official label, or sealing device.

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