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The Potatoes Originating in Germany, Notification (Wales) Order 2001

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Explanatory Note

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This Order places certain notification requirements upon persons importing potatoes from Germany, which have been grown during 2001 or later. The Order requires importers bringing such potatoes into Wales on or after 30th October 2001 to give at least two days' notice in writing to an inspector authorised under the Plant Health (Great Britain) Order 1993 (“the principal Order”), providing specified details as to, inter alia, the landing and intended use of the potatoes (article 3(1)). It also requires importers of German potatoes, which arrived in Wales between 1st October 2001 and the coming into force of the Order on 30th October 2001 to provide to an inspector specified information of a similar nature no later than 23rd November 2001 (article 3(2)).

This Order provides that an inspector who has reasonable grounds for suspecting a contravention of its provisions may exercise in respect of German potatoes certain enforcement powers conferred by article 22 of the principal Order as read with article 24(1) to (3) of that Order (article 4(2)). An inspector acting under this Order may also exercise powers to check compliance (by examining, sampling and marking property and/or premises) which are conferred by article 25, other than article 25(1)(d), of the principal Order (article 4(3)). Any notice served or power exercised under article 4 of this Order, where the power to do so is conferred by the principal Order, has the same effect as if served or exercised under the relevant article of the principal Order (articles 4(4) and (5)) so that once a notice is served or other power exercised, the relevant consequential provisions of the principal Order, including provisions as to offences, take effect.

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