2017 No. 288

Seeds, England

The Seeds (Miscellaneous Amendments) (England) Regulations 2017
Made
6th March 2017
Laid before Parliament
8th March 2017
Coming into force
1st April 2017
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1) and (3) of the Plant Varieties and Seeds Act 1964 and now vested in the Secretary of State .
The Secretary of State has consulted with representatives of such interests as appear to the Secretary of State to be concerned with these Regulations in accordance with section 16(1) of that Act.

Citation, commencement and extent
1
1
These Regulations may be cited as the Seeds (Miscellaneous Amendments) (England) Regulations 2017 and come into force on 1st April 2017.
2
They extend to England and Wales only.

The Seed Marketing Regulations 2011
2
In the table in Schedule 1 to the Seed Marketing Regulations 2011 (plants to which the Regulations apply) , in the first column, for “Lolium x boucheanum Kunth”, substitute “Lolium x hybridum Hausskn”.

The Seed Potatoes (England) Regulations 2015
3
1
The Seed Potatoes (England) Regulations 2015 are amended as follows.
2
In Part 1 of Schedule 2 (official labels), in paragraph 7—
a
omit “and” at the end of sub-paragraph (a);
b
after sub-paragraph (a), insert—
aa
have a unique number;
.
3
In Schedule 3 (specified diseases or pests, damage and defects and tolerances), for Parts 2 and 3, substitute—
PART 2

Pre-basic seed potatoes of Union grade PB produced in England
Column 1 | Column 2 | Column 3 | Column 4
Specified diseases or pests, damage and defects | Individual tolerances | Group tolerances | Collective group tolerances
Group 1 | | |
Wart Disease (Synchytrium endobioticum (Schlib) Perc) | Nil | - | -
Potato Tuber Eelworm (Ditylenchus destructor Thorne) | Nil | - | -
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil | - | -
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp sepedonicus (Spieck & Kotth) Davis et al) | Nil | - | -
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil | - | -
Potato Spindle Tuber Viroid | Nil | - | -
Colorado Beetle (Lepinotarsa decemlineata (Say)) | Nil | - | -
Group II | | |
Blight (Phytophthora infestans (Mont) de Bary) | 0.2% | ) | )
Blackleg (Erwinia carotovora (Jones) Bergey et al spp) atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al or both | 0.2% | ) | )
Soft Rots including: Watery Wound Rot (Pythium ultimum Trow) | 0.2% | ) | )
Pink Rot (Phytophthora erythroseptica Pethybridge) and Pit Rot | 0.2% | ) 0.2% | )
Dry Rot (Fusarium species) | 0.2% | ) | )
Gangrene (Phoma species) | 0.2% | ) | )
Frost damaged tubers | 0.2% | ) | )
Group III | | |
Skin spot (Polyscytalum pustulans (Owen & Wake-field)) M B Ellis | 0.2% | ) | ) 6.0%
Group IV | | |
Black Scurf (Rhizoctonia solani Kuhn) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease | 1.0% | ) 5.0% | )
Common Scab (Streptomyces species) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are deemed to be unaffected by the disease | 5.0% | ) | )
Group V | | |
Powdery scab (Spongospora subterranea (Wallr) Legerh) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease | 1.0% | ) | )
Group VI | | |
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety | 3.0% | ) | )
Superficial necrosis caused by potato virus Y | Nil | ) 3.0% | )
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani) | 0.5% | ) | )
Group VII | | |
Dirt or other extraneous matter | 1.0% | - | -
PART 3

Basic seed potatoes and certified seed potatoes produced in England
Column 1 | Column 2 | Column 3 | Column 4
Specified diseases or pests, damage and defects | Individual tolerances | Group tolerances | Collective group tolerances
Group I | | |
Wart Disease (Synchytrium endobioticum (Schlib) Perc) | Nil | - | -
Potato Tuber Eelworm (Ditylenchus destructor Thorne) | Nil | - | -
Potato Cyst Nematode (Globodera species infesting potatoes) | Nil | - | -
Ring Rot (Clavibacter michiganensis (Smith) Davis et al spp sepedonicus (Spieck & Kotth) Davis et al) | Nil | - | -
Brown Rot (Ralstonia solanacearum (Smith) Yabuuchi et al) | Nil | - | -
Potato Spindle Tuber Viroid | Nil | - | -
Colorado Beetle (Lepinotarsa decemlineata (Say)) | Nil | - | -
Group II | | |
Blight (Phytophthora infestans (Mont) de Bary) | 0.5% | ) | )
Blackleg (Erwinia carotovora (Jones) Bergey et al spp) atroseptica (Hellmers & Dowson) Dye or Erwinia chrysanthemi Burkholder et al or both | 0.5% | ) | )
Soft Rots including Watery Wound Rot (Pythium ultimum Trow) | 0.5% | ) | )
Pink Rot (Phytophthora erythroseptica Pethy-bridge) and Pit Rot | 0.5% | ) 0.5% | )
Dry Rot (Fusarium species) | 0.5% | ) | )
Gangrene (Phoma species) | 0.5% | ) | )
Frost damaged tubers | 0.5% | ) | )
Any of these Group II defects that present as a wet rot symptom | 0.2% | ) | ) 6.0% for basic seed potatoes and 8.0% for certified seed potatoes
Group III | | |
Skin spot (Polyscytalum pustulans (Owen & Wakefield) M B Ellis) | 0.5% except Union grade E, Union grade A and Union grade B grades; 2.0% for Union grade E, Union grade A and Union grade B grades only | ) | )
Powdery scab (Spongospora subterranea (Wallr) Legerh) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease (except where powdery scab takes its cankerous form) | 3.0% | ) 5.0% | )
Group IV | | |
Black Scurf (Rhizoctonia solani Kuhn) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-tenth of whose surface area has been affected are deemed to be unaffected by the disease | 5.0% | ) | )
Common Scab (Streptomyces species) Provided that seed potatoes which have at least two eyes at the rose end that are wholly unaffected and less than one-third of whose surface area has been affected are deemed to be unaffected by the disease | 5.0% | ) | )
Group V | | |
External blemishes including damaged tubers or tubers other than diseased tubers whose shape is atypical for the variety | 3.0% | ) | )
Shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf (Helminthosporium solani) | 1.0% | ) 3.0% | )
Superficial necrosis caused by strains of potato virus Y | 0.1% | ) | )
Group VI | | |
Dirt or other extraneous matter | 1.0% | - | -
George Eustice
Minister of State
Department for Environment, Food and Rural Affairs
6th March 2017

EXPLANATORY NOTE
(This note is not part of these Regulations)
These Regulations amend the Seed Marketing Regulations 2011 (S.I.2011/463) and the Seed Potatoes (England) Regulations 2015 (S.I. 2015/1953).
Regulation 2 implements Commission Implementing Directive (EU) 2016/2109 amending Council Directive 66/401/EEC as regards the inclusion of new species and the botanical name of the species Lolium x boucheanum Kunth (OJ No L 327, 2.12.2016, p.59) by amending the botanical name of the fodder grass hybrid ryegrass in the Seed Marketing Regulations 2011.
Regulation 3 implements Commission Implementing Directive (EU) 2016/317 amending Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC, 2002/56/EC and 2002/57/EC as regards the official label of seed packages (OJ No L 60, 5.3.2016, p.72) by amending one of the requirements for the official label on basic and certified seed potatoes in the Seed Potatoes (England) Regulations 2015. It also makes minor amendments to Schedule 3 to those Regulations in order to correct the specified disease, pests and tolerance tables.
An impact assessment has not been produced for this instrument as no impact, or no significant impact, on the private, voluntary or public sector is foreseen.
1964 c.14; section 16(1) was amended, and section 16(1A) was inserted, by paragraph 5 of Schedule 4 to the European Communities Act 1972 (c.68); and section 16(3) was amended by S.I. 1977/1112. See section 38(1) for the definition of “the Minister”.
The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
S.I. 2011/463, amended by S.I. 2011/2992, 2012/3035, 2014/487, 2016/613.
S.I. 2015/1953.