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Regulation 8

SCHEDULE 5AUTHORISATION FOR MARKETING SEED POTATOES FOR TEST AND TRIAL PURPOSES

1.  On receipt of an application for authorisation made in accordance with regulation 8, an authorised officer must—

(a)allocate to the person making such application a number to be known as a “producer’s identification number” (where one does not already exist for that person);

(b)conduct an official examination of the seed potatoes in order to determine whether the requirements of this Schedule and Part IV of Schedule 3 have been met; and

(c)subject to paragraph 3 and regulation 8, issue an authorisation to market seed potatoes for test and trial purposes.

2.  An authorisation must state—

(a)the name and address of the applicant;

(b)the producer’s identification number;

(c)the amount of seed potatoes for which marketing is authorised;

(d)the period for which marketing is authorised;

(e)the date on which the authorisation was issued; and

(f)the proposed name of the variety of the seed potatoes.

3.  An authorisation must not be issued by an authorised officer unless he or she 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Regulations 2001 for acceptance of the variety concerned on to a National List and which application has not been withdrawn or finally determined;

(b)the land on which the seed potatoes are growing or were grown is not land which is demarcated under Schedule 14 to the Plant Health (Wales) Order 2006 as contaminated with Wart Disease (Synchytrium endobioticum (Schilb.) Perc.) or is within a safety zone demarcated under that Order;

(c)the land on which the seed potatoes are growing or were grown is land which is not contaminated by Globodera species infesting potatoes;

(d)the seed potatoes are taken from a crop of seed potatoes free from Globodera species infesting potatoes, Synchytrium endobioticum (Schilb.) Perc., Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieck. & Kotth.) Davis et al. and Ralstonia solanacearum (Smith) Yabuuchi et al.);

(e)the number of growing plants affected by blackleg does not exceed 4 per cent;

(f)the immediately succeeding crop produced from the seed potatoes is, in the opinion of the authorised officer, likely to contain—

(i)not more than 0.5 per cent by number of growing plants which do not breed true to variety and not more than 0.2 per cent by number of growing plants which are of a different variety; and

(ii)not more than 10 per cent by number of growing plants which show symptoms, other than slight symptoms, of severe virus diseases prevalent in Europe (light mosaics causing discoloration and not leaf deformation are to be ignored);

(g)the seed potatoes are ascertained not to be affected by any of the tolerances for diseases, pests, damage or defects specified in Part IV of Schedule 3.