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

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 Seeds (National Lists of Varieties) Regulations 2001 for acceptance of the variety concerned on to a National List and that application has not been withdrawn or finally determined;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under article 32(4) of the Plant Health Order with regard to Wart Disease, Ring Rot or Potato Cyst Nematode and not withdrawn; and

ii

is not land within a zone demarcated under article 38(7) of the Plant Health Order 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 Schedule 15 to the Plant Health Order.

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 Union grade E specified in column 3 of Table 2 in Schedule 4.