The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

Measures in relation to a contaminated place of production

22.—(1) A plant health inspector must serve the following notices on any occupier or other person who is in charge of a contaminated place of production—

(a) in relation to any contaminated field which is part of the place of production, a notice containing the first set of eradication measures or a notice containing the second set of eradication measures;

(b) in relation to any field which is part of the place of production but is not contaminated, a notice containing the third set of eradication measures.

(2) The first set of eradication measures is—

(a) the measures to be taken in the field from the date of receipt of the notice and for at least three growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally found host plants, of Potato ring rot;

(b) a prohibition on the planting of any of the following in the field during that period—

(i) potato tubers, plants or true seeds;

(ii) naturally found host plants of Potato ring rot;

(iii) crops for which there is a risk of Potato ring rot spreading;

(c) a requirement that in the first potato cropping season following that period, only potatoes for ware production be planted in the field, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC; and

(d) a requirement that in the next potato cropping season only potatoes for seed or ware production be planted in the field following an appropriate rotation cycle (which must be at least two years where the potatoes are to be planted for seed production).

(3) The second set of eradication measures is—

(a) the measures to be taken in the field from the date of receipt of the notice and for four growing years from the start of the first growing year so as to eliminate volunteer potato plants, and other naturally found host plants, of Potato ring rot;

(b) a requirement that, during that period, the field be maintained in bare fallow or in permanent pasture with frequent close cutting or intensive grazing; and

(c) a requirement that in the first potato cropping season following that period, only potatoes for seed or ware production be planted, that they only be planted if the field has been found free from volunteer potato plants and other naturally found host plants of Potato ring rot for at least two consecutive growing years prior to planting, and that the harvested tubers be subjected to official testing using the method set out in Annex 1 to Directive 93/85/EEC.

(4) The third set of eradication measures is—

(a) where a plant health inspector is satisfied that the risk of volunteer potato plants and other naturally found host plants of Potato ring rot has been eliminated, a prohibition on the planting of any of the following in the field from the date of receipt of the notice and for the first growing year—

(i) potato tubers, plants or true seeds;

(ii) naturally found host plants of Potato ring rot; and

(iii) certified seed potatoes, unless they are for ware production only;

(b) a requirement that, in the subsequent growing year only the following potatoes be planted for seed or ware production—

(i) certified seed potatoes; and

(ii) seed potatoes officially tested for the absence of Potato ring rot and grown under official control at a place of production which is not a contaminated place of production;

(c) a requirement that, during at least the third growing year, only certified seed potatoes or seed potatoes grown under official control from certified seed potatoes be planted for seed or ware production; and

(d) the measures to be taken in the field from the date of receipt of the notice to the end of the third growing year so as to eliminate volunteer potato plants, and naturally found host plants of Potato ring rot and a requirement that official testing be carried out on harvested tubers in each field using the method set out in Annex 1 to Directive 93/85/EEC.

(5) A notice served by a plant health inspector under sub-paragraph (1)(a) containing the first set of eradication measures must additionally—

(a) include a requirement that all machinery and storage facilities at the place of production which are used for potato production be cleansed and disinfected immediately and following the first growing year; and

(b) specify the appropriate methods for cleansing and disinfecting the machinery and storage facilities.

(6) The measures which may be specified in a notice under sub-paragraph (1) or (5) may be included in a notice with other appropriate measures.

(7) The person on whom a notice is served pursuant to paragraph (1) must ensure that the measures specified in the notice are taken in the required manner.

(8) Where a plant health inspector serves a notice containing the first set of eradication measures, the Secretary of State must ensure that an official survey is carried out in relation to the field mentioned in sub-paragraph (2)(d) in accordance with Article 2 of Directive 93/85/EEC.