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Statutory Rules of Northern Ireland

2004 No. 289

PLANT HEALTH

The Potatoes Originating in Poland (Notification) Order (Northern Ireland) 2004

Made

1st July 2004

Coming into operation

23rd July 2004

The Department of Agriculture and Rural Development(1) in exercise of the powers conferred on it by sections 2(1) and (2)(2), 3(1)(3), 3B(1)(4) and 4(1)(5) of the Plant Health Act (Northern Ireland) 1967(6) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Potatoes Originating in Poland (Notification) Order (Northern Ireland) 2004, and shall come into operation on 23rd July 2004.

Interpretation

2.  In this Order –

“inspector” means any person authorised to be an inspector for the purposes of the principal Order;

“the principal Order” means the Plant Health Order (Northern Ireland) 1993(7);

“Polish potatoes” means potatoes which have originated in Poland;

“originated in Poland” means grown in Poland during the year 2003 or subsequently;

“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L.; and

“seed potato” means any potato intended for planting.

Notification of potatoes originating in Poland

3.—(1) A person shall not land any potatoes in Northern Ireland which he knows or has reasonable cause to suspect have originated in Poland unless, at least two days prior to the date of landing, he has given written notification to an inspector of his intention to do so and of –

(a)the proposed time, date and means of landing;

(b)the proposed point of entry in Northern Ireland;

(c)the intended use of the potatoes;

(d)in the case of seed potatoes or potatoes intended for processing, the proposed destination of the potatoes;

(e)the variety of the potatoes;

(f)the quantity of potatoes; and

(g)the producer’s identification number or the reference number of the lot.

(2) Any person who, after 30th April 2004 and before the commencement of this Order, landed in Northern Ireland any potatoes which he knew or had reasonable cause to suspect to have originated in Poland shall, no later than 6th August 2004 give written notification to an inspector of –

(a)the date the potatoes were landed;

(b)the point of entry;

(c)the intended use of the potatoes;

(d)in the case of seed potatoes or potatoes intended for processing, the destination or proposed destination of the potatoes;

(e)the variety of the potatoes;

(f)the quantity of potatoes; and

(g)the producer’s identification number or the reference number of the lot.

(3) In this Article, “processing” means any industrial treatment, including grading, sorting, washing and packing, whether for retail sale or not.

(4) The requirements at paragraphs (1) and (2) shall apply to all potatoes originating in Poland which are landed in Northern Ireland from Great Britain.

Actions which may be taken by an inspector

4.—(1) The provisions of this Article are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.

(2) On having reasonable grounds for suspecting a contravention or likely contravention of Article 3, an inspector may for the purpose of this Order, exercise –

(a)the powers conferred by Article 22(1) of the principal Order as read with Article 24(1) to (3) of the principal Order, as if a Polish potato were a plant landed or likely to be landed in contravention of the principal Order; and

(b)the power conferred by Article 22(2) of the principal Order as read with Article 24(1) to (3) of the principal Order, as if a Polish potato kept on or moved from the premises in contravention of the principal Order.

(3) An inspector may, for the purposes of checking compliance with this Order, exercise the powers conferred by Article 25 and 28(1) of the principal Order.

(4) Any notice served by virtue of this Article in exercise of a power conferred by Article 22(1) or (2) of the principal Order shall have effect as if served under Article 22(1) or (2) of the principal Order, and Articles 24(3), 26 to 28, 32 and 47 of the principal Order shall apply accordingly.

(5) Any powers conferred by Article 25 of the principal Order which is exercised by virtue of this Article shall be treated as if that power had been exercised under the principal Order and Article 47 (offences) shall apply accordingly.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 1st July 2004.

L.S.

David Small

A senior officer of the

Department of Agriculture and Rural Development

Explanatory Note

(This note is not part of the Order.)

This Order, which comes into operation on 1st July 2004, places certain notification requirements upon persons importing potatoes from Poland, which have been grown during 2003 or later. The Order requires importers bringing such potatoes into Northern Ireland to give at least two days' notice in writing to a Plant Health inspector of the Department of Agriculture and Rural Development, providing specified details as to, among other things, the landing and intended use of the potatoes (Article 3(1)). It also requires importers of Polish potatoes which arrived in Northern Ireland after 30th April 2004 but before the coming into force of this Order to provide to an inspector specified information of a similar nature no later than 6th August 2004 (Article 3(2)).

This Order provides that an inspector who has reasonable grounds for suspecting a contravention of its provisions may exercise certain powers conferred by the Plant Health (Northern Ireland) Order 1993 (“the principal Order”), including powers of enforcement and powers to check compliance (Article 4(2) and (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 take effect. Accordingly, a person shall be guilty of an offence if, without reasonable excuse, he contravenes or fails to comply with a provision of this Order.

(1)

Formerly the Department of Agriculture for Northern Ireland; see S.I. 1999/283 (N.I. 1), Art. 3(4)

(2)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2; 1979 c. 2, s.177(1) and Sch. 4 Pt. II; and S.I. 1984/702 (N.I. 2) Art 15(2)

(3)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2

(4)

Inserted by S.I. 1984/702 (N.I. 2) Art. 15(2)

(5)

As amended by S.R. & O. (N.I.) 1972 No. 351 Art. 3 and Sch. 2 and S.I. 1984/702 (N.I. 2) Art. 15(2)