Inspection and control of potato crop health
4
1
An inspector may at any reasonable time enter on to any premises on which potatoes have been planted or on which that inspector reasonably believes potatoes have been planted and carry out such investigations as the inspector considers necessary for the purpose of establishing whether a crop of potatoes is–
a
a notifiable crop that has not been notified to the Scottish Ministers in accordance with article 3; or
b
an affected crop which poses a risk of infection by aphid-borne viruses to other potato crops.
2
An inspector may take and remove samples of potato to confirm the existence or otherwise of infection for the purposes of paragraph (1)(b).
3
Where an inspector is satisfied that a crop of potatoes is of a type referred to in paragraph (1) then the inspector may serve a notice requiring the potato grower to–
a
in the case of a notifiable crop, notify the Scottish Ministers within such period as is specified in the notice of the matters specified in article 3(2); and
b
in the case of an affected crop, destroy the haulm of that crop within a period of 72 hours from the service or deemed service of the notice, and to take such other steps in such manner and within such time a s may be specified in the notice as appear to the inspector to be necessary to prevent the spread of infection of aphid-borne viruses to other potato crops.
Art. 4 in force at 1.7.2006, see art. 1(1)
Art. 4(2) substituted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 3