28.—(1) If the presence of Potato Ring Rot is confirmed in a sample of specified plant material following official testing carried out pursuant to paragraph 27(2)(a) of this schedule or sub-paragraph (2), the Scottish Ministers must ensure that—
(a)the specified plant material, the consignment or lot and any object from which the sample was taken and, where appropriate, the place of production and field from which the specified plant material was harvested are designated as contaminated by a plant health inspector,
(b)a plant health inspector determines the extent of the probable contamination through pre- or post-harvest contact or through any production link with anything designated as contaminated under head (a), [F1having regard to the following factors—
(i)the susceptible material grown at the contaminated place of production,
(ii)places of production with some production link to that susceptible material, including those sharing production equipment and facilities directly or through a common contractor,
(iii)the production or presence of other susceptible material at the contaminated place of production,
(iv)the premises handling potatoes from the contaminated place of production and the places of production mentioned in sub-head (ii),
(v)any object that may have come into contact with the contaminated susceptible material,
(vi)any susceptible material stored in, or in contact with, any object prior to its disinfection,
(vii)the susceptible material with a sister or parental clonal relationship to the contaminated susceptible material and the places of production of that susceptible material],
(c)a zone is demarcated by a plant health inspector on the basis of the designation made under head (a), taking into account the [F2proximity of other places of production growing potatoes or other host plants and the common production and use of seed potato stocks].
[F3(1A) When making a designation or determination under sub-paragraph (1), an inspector must have regard to sound scientific principles, the biology of Potato Ring Rot and relevant production, marketing and processing systems.]
(2) Where specified plant material has been designated as contaminated under sub-paragraph (1)(a), the Scottish Ministers must ensure that testing is carried out on potato stocks which are clonally related to that specified plant material in the manner specified in paragraph 27(2) of this schedule in order to determine the probable primary source of infection and the extent of the probable contamination.
(3) Any such testing must be carried out on as much specified plant material as is necessary to determine the probable primary source of infection and the extent of the probable contamination.
(4) Where any specified plant material or object is determined by a plant health inspector under sub-paragraph (1)(b) to be probably contaminated, the plant health inspector must designate that material or object as probably contaminated.
(5) Any designation by a plant health inspector under sub-paragraph (1)(a) or (4) must be made by notice served under regulation 15.
Textual Amendments
F1Words in sch. 2 para. 28(1)(b) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(b)(i) (with reg. 32)
F2Words in sch. 2 para. 28(1)(c) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(b)(ii) (with reg. 32)
F3Sch. 2 para. 28(1A) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 26(b)(iii) (with reg. 32)
Commencement Information
I1Sch. 2 para. 28 in force at 14.12.2019, see reg. 1(1)