The Seed Potatoes Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Seed Potatoes Regulations 1984, the Seed Potatoes (Amendment) Regulations 1987 and the Seed Potatoes (Amendment) Regulations 1988. The Regulations regulate the marketing of seed potatoes in Great Britain and give effect to Directive 66/403/EEC of the Council of the European Economic Community (OJ No.125, 11.7.66 p.154) as amended by Directives 69/62/EEC (OJ No.L48), 71/162/EEC (OJ No.L87), 72/274/EEC (OJ No.L171), 72/418/EEC (OJ No.L287), 73/438/EEC (OJ No.L356), 75/444/EEC (OJ No.L196), 78/692/EEC (OJ No.L236) and 88/380/EEC (OJ No L187) on the marketing of seed potatoes.

The Regulations do not apply to seed potatoes used in scientific investigation or selection processes (regulation 5).

Seed potatoes may be marketed only if they are “basic” or “certified” seed potatoes as defined in the Regulations (regulation 6) and, with certain exceptions, sold in sealed packages or containers labelled with prescribed particulars (regulations 11 and 14). There is provision for the taking of samples for verification of standards and for the enforcement of the Regulations (regulation 18). Tampering with labels prescribed by the Regulations constitutes an offence (regulation 11(7)).

Schedules to the Regulations include details of the classification process and the requirements to be met and standards to be attained for the purpose of classification (Schedules 1, 2 and 3). They also list the particulars to appear on labels on packages and containers of seed potatoes (Schedule 4) and lay down procedures for the taking of samples (Schedule 7).

The changes of substance are–

(a) the prohibition, with certain exceptions, of the marketing of any quantity of seed potatoes which has not been subjected to an official examination by an authorised officer (regulation 8); and

(b) the provision of a combined tolerance for virus disease in crops inspected with a view to classification as certified seed potatoes (Schedule 1, Part III, paragraph 6(d)).