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The Plant Health (Scotland) Amendment Order 2010

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Citation, commencement and extent

1.—(1) This Order may be cited as the Plant Health (Scotland) Amendment Order 2010 and comes into force on 1st July 2010.

(2) This Order extends to Scotland only.

Amendments to the Plant Health (Scotland) Order 2005

2.  The Plant Health (Scotland) Order 2005(1) is amended in accordance with articles 3 to 11.

Amendment of article 2 (general interpretation)

3.  In article 2(1) (general interpretation)—

(a)after the definition of “Directive 2000/29/EC”, insert—

“Directive 2007/33/EC” means Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC; and

(b)after the definition of “responsible official body”, insert—

“sampling unit” means an area of not less than 2 hectares, forming a field or part of a field with recognisable boundaries on at least two opposing sides;.

Amendment of Part 6 (measures to control the landing of relevant material and prevent the spread of plant pests)

4.  At Part 6 (measures to control the landing of relevant material and prevent the spread of plant pests), in the heading, before “PREVENT”, insert “SUPPRESS OR”.

Amendment of Part 7 (planting of, and control of plant pests on, certain solanaceous species)

5.  At Part 7 (planting of, and control of plant pests on, certain solanaceous species), for the heading substitute “MEASURES TO CONTROL PLANT PESTS AFFECTING CERTAIN SOLANACEOUS SPECIES”.

Insertion of article 38A (interpretation of Part 7)

6.  In Part 7 (planting of, and control of plant pests on, certain solanaceous species), before article 39 (miscellaneous provisions for certain solanaceous species), insert—

Interpretation of Part 7

38A.  In this Part, “holding” means all the agricultural land owned by one business that is situated within one parish, or, if the land is contiguous, in a neighbouring parish..

Amendment of article 39 (miscellaneous provisions for certain solanaceous species)

7.  In article 39 (miscellaneous provisions for certain solanaceous species)—

(a)in paragraph (6), before “control” insert “suppress or”; and

(b)after paragraph (7), insert—

(8) Subject to paragraph (10), seed potatoes and the plants listed in Schedule 15A must not be planted unless they were grown in a sampling unit which has undergone an official soil test carried out in accordance with paragraphs 1 to 6 of Schedule 15 and no Potato Cyst Nematode was found.

(9) The official soil test referred to in paragraph (8) must be carried out either—

(a)in the period between the harvesting of the last crop in the sampling unit and the planting of the crop that requires the official soil test; or

(b)no more than four years prior to the planting of the crop that requires the official soil test, provided that evidence is available to show that no Potato Cyst Nematode was found and that potatoes or the plants listed in table A of Schedule 15A were not present at the time of the official soil test and have not been grown in the sampling unit since that official soil test.

(10) Paragraph (8) does not apply where—

(a)seed potatoes and the plants listed in Schedule 15A are—

(i)planted on the same holding where they were harvested;

(ii)not grown in soil; or

(iii)harvested before 31st December 2010;

(b)in the case of plants listed in table B of Schedule 15A, they have been washed or brushed until practically free of soil so that there is, to the satisfaction of an inspector, no identifiable risk of Potato Cyst Nematode spreading; or

(c)in the case of plants listed in table B or C of Schedule 15A, official tests show that the sampling unit in which they were grown has been free of Potato Cyst Nematode for 12 years before they were planted, or there is evidence that no potatoes or plants listed in table A of Schedule 15A have been grown in that sampling unit in the previous 12 years..

Amendment of article 45 (offences)

8.  In article 45 (offences), in paragraph (1)(a)(xiii), for “or (4)” substitute “, (4) or (8)”.

Amendment of Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests)

9.  In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), in Part B (plant pests known to occur in the European Community), in the section ‘Insects, mites and nematodes’, at item 7a, in column (2), omit “, intended for planting”.

Schedule 15 (special measures for the control of Potato Cyst Nematode)

10.  For Schedule 15 (special measures for the control of Potato Cyst Nematode), substitute the Schedule set out in Schedule 1 to this Order.

Insertion of Schedule 15A (species to which controls apply)

11.  After Schedule 15 (special measures for the control of Potato Cyst Nematode), insert Schedule 15A (species to which Potato Cyst Nematode controls apply) set out in Schedule 2 to this Order.

Savings provision

12.  Notwithstanding articles 7 and 10, any licence granted under article 40 of the Plant Health (Scotland) Order 2005 permitting the growing of potatoes, not intended for the production of seed potatoes, of varieties resistant to Potato Cyst Nematode will remain in force until 31st December 2010 and will thereafter be revoked.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th May 2010

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