3.—(1) This paragraph applies–
(a)to seed potatoes classified under these Regulations as being of the class Pre-basic 1 or Pre-basic 2; and
(b)to seed potatoes produced outside Scotland which are approved by Scottish Ministers as being equivalent to that class.
(2) Subject to sub-paragraphs (3) and (4), in the case of seed potatoes to which this paragraph applies–
(a)there shall be no deviation from variety;
(b)the minimum size is 25 millimetres; and
(c)the maximum variation in size between tubers in a lot is 25 millimetres.
(3) For the purposes of determining whether any a lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(a), the variety of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of potatoes which deviate from variety does not exceed 0.01% of the total weight of the sample.
(4) For the purposes of determining whether any a lot of seed potatoes to which this paragraph applies meets the requirements specified in sub-paragraph (2)(b) or (c), the size of any seed potatoes shall be deemed to be as stated on the official label in respect of the lot, if, on a sample taken in accordance with regulation 16(3) and Schedule 9, the proportion of the weight of the potatoes which are–
(i)smaller than the minimum size stated on the official label; and
(ii)larger than the maximum size stated on the official label,
does not exceed 2% of the total weight of the sample.