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Regulation 7
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Regulations] for acceptance of the variety concerned on to a [F2NI Variety List] and that application has not been withdrawn or finally determined;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the Plant Health Official Controls Regulations] with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and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
F1Words in Sch. 5 para. 3(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(h)(ii)
F2Words in Sch. 5 para. 3(a) substituted (31.12.2020) by The Seeds (Variety Lists) Regulations (Northern Ireland) 2020 (S.R. 2020/302), regs. 1, 26(2)(h)(i)
F3Words in Sch. 5 para. 3(b)(i) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(5)(a)
F4Words in Sch. 5 para. 3(b)(i) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(a)(i)
F5Words in Sch. 5 para. 3(b)(ii) substituted (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019 (S.R. 2019/230), reg. 1, Sch. 5 para. 4(5)(b)
F6Words in Sch. 5 para. 3(b)(ii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(a)(ii)
F7Words in Sch. 5 para. 3(c)(ii) substituted (23.12.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020 (S.R. 2020/293), regs. 1, 53(4)(b)
F8Word in Sch. 5 para. 3(e) substituted (31.12.2020) by The Animal Health, Seed Potatoes and Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/962), regs. 1(2), 24; 2020 c. 1, Sch. 5 para. 1(1)