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Regulation 7

SCHEDULE 5N.I.Authorisation for marketing seed potatoes for test or trial purposes

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

(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—N.I.

(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—N.I.

(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Regulations] for acceptance of the variety concerned on to a [F2NI Variety List] and that application has not been withdrawn or finally determined;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 [F3[F4regulation 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the Plant Health Official Controls Regulations] with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and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 [F5[F6regulation 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 [F7Part 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 [F8UK] grade E specified in column 3 of Table 2 in Schedule 4.

Textual Amendments