The Potatoes Originating in The Netherlands Regulations 1997

• Citation: S.I. 1997/2441
• Sections: 7

Section 1 Title, extent and commencement

These Regulations may be cited as the Potatoes Originating in The Netherlands Regulations 1997, shall extend to Great Britain and shall come into force on 11th October 1997.

Section 2 Revocation

The Potatoes Originating in The Netherlands Regulations 1996 are hereby revoked.

Section 3 Interpretation

In these Regulations—

“ the Decision ” means Commission Decision 95/506/ EC authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards the Kingdom of The Netherlands ;

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

“the Order” means the Plant Health (Great Britain) Order 1993 ;

“originating in The Netherlands” means grown in 1997 in The Netherlands;

“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.;

“seed potato” means any potato intended for planting.

Section 4 Notification of imports of potatoes originating in The Netherlands

(1) No person shall import into England or Wales any potatoes which he knows or has reasonable cause to suspect to have originated in The Netherlands unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into England or Wales of the potatoes, of his intention to import the potatoes and of—

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

(b) the proposed point of entry;

(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) No person shall import into Scotland any potatoes which he knows or has reasonable cause to suspect to have originated in The Netherlands unless he has given written notification to the Secretary of State, at least two days prior to the intended date of introduction into Scotland of the potatoes, of his intention to import the potatoes and of the information specified in sub-paragraphs (a) to (g) of paragraph (1) above in respect of the potatoes.

(3) Any person who, before the commencement of these Regulations, imported into England and Wales any potatoes which he knew or had reasonable cause to suspect to have originated in The Netherlands shall, no later than 31st October 1997, give written notification to an inspector of—

(a) the date the potatoes were imported;

(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.

(4) Any person who, before the commencement of these Regulations, imported into Scotland any potatoes which he knew or had reasonable cause to suspect to have originated in The Netherlands shall, no later than 31st October 1997, give written notification to the Secretary of State of the information specified in sub-paragraphs (a) to (g) of paragraph (3) above in respect of the potatoes.

(5) In this regulation, “processing” means any industrial treatment including washing but excluding packing for retail sale.

Section 5 Powers of an inspector

(1) Without prejudice to the circumstances in which an inspector may by virtue of the Order exercise the powers conferred by articles 22 to 25 of that Order, an inspector who has reasonable grounds for suspecting that any person has or will have in his possession potatoes originating in The Netherlands may exercise any of those powers in respect of such potatoes.

(2) For the purposes of the Order (including article 33 (offences)), any power exercised by virtue of paragraph (1) above shall be treated as a power exercised under that Order.

Section 6 Charges in respect of the sampling of imports of seed potatoes

(1) Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of seed potatoes originating in The Netherlands in order to ascertain whether, for the purposes of article 2 of the Decision, those potatoes are infected with Pseudomonas solanacearum (Smith) Smith, there shall be payable by the person required to give notification under regulation 4 in respect of those potatoes a fee of £116.

(2) The fee prescribed by paragraph (1) shall be payable—

(a) in the case of seed potatoes intended for planting in England or Wales, to the Minister of Agriculture, Fisheries and Food;

(b) in the case of seed potatoes intended for planting in Scotland, to the Secretary of State.

Section 7 Offences

(1) A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with regulation 4 above.

(2) A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.