SCHEDULE 5Authorisation for marketing seed potatoes for test or trial purposes

Regulation 7

1

On receipt of an application made in accordance with regulation 7, the Department shall—

a

allocate to the person making the application 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 seed potatoes satisfy the requirements for certification as basic seed potatoes in accordance with regulation 10; and

c

subject to paragraph 3 and regulation 7, issue an authorisation to market seed potatoes for test or trial purposes.

2

An authorisation shall 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;

f

the proposed name of the variety of the seed potatoes.

3

No authorisation shall be issued unless the Department 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 F1NI Variety Lists Regulations for acceptance of the variety concerned on to a F8NI Variety List and that application has not been withdrawn or finally determined;

b

the land on which the seed potatoes are growing or were grown—

i

is not land in respect of which a notice has been served under F6F2regulation 15(2) to the Plant Health Official Controls Regulations with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and

ii

is not land within a zone demarcated under F4F5regulation 17(2) to the Plant Health Official Controls Regulations to prevent the spread of Brown Rot;

c

the land on which the seed potatoes are growing—

i

is land which as a result of a soil test carried out by the Department prior to the planting of the crop has been found not to be contaminated by Potato Cyst Nematode; and

ii

is not demarcated under F3Part 4 to Schedule 2 to the Plant Health Official Controls Regulations .

d

the seed potatoes are taken from a crop of seed potatoes free from Potato Cyst Nematode, Wart Disease, Ring Rot and Brown Rot; and

e

the seed potatoes fulfil the conditions for F7UK grade E specified in column 3 of Table 2 in Schedule 4.