The Scottish Government

2.1.1 At present SEERAD does not have access to current information on potato crops being grown in Scotland. While information is collected on seed potatoes planted for the production of further seed potatoes under the Scottish Seed Potato Classification Scheme there are no means of gathering data for basic seed planted for ware (eating) production or in respect of farm-saved seed potatoes planted for ware, ie there is no requirement for growers to notify SEERAD of potato planting locations in those circumstances. We would like, among other things, to make it a statutory requirement that growers inform SEERAD of defined information regarding all seed potatoes for planting in Scotland. The information would include location, origin, area and variety.

2.1.2 The availability of this information is considered essential if SEERAD is to be able to respond to potential serious plant health incidents such as an outbreak of ring rot or brown rot. In 2000 when the brown rot causal agent was discovered in the Tay river system the Department had no means of knowing where potato crops in the vicinity of the river were being grown. Defra Ministers have accepted a recommendation of the Lessons Learned report into the Welsh Potato Ring Rot Outbreak in 2003 that a comprehensive statutory scheme which requires pre-planting notification of seed potatoes for planting should be considered.

2.1.3 At this stage we are consulting only on the principle of having such a requirement in place, not on the detailed mechanism(s) for its application. However, it can reasonably be assumed that failure to comply with any requirement in an Order may incur some kind of penalty or sanction. We will give consideration in due course to the form such penalty might take. Whatever action we decide to take in this area, nothing will be put in place before the 2006 growing season. We will also try to ensure that whichever mechanism is chosen ultimately for the collection of planting data, any additional requirements placed on the industry in this connection will not be unduly onerous.

2.2.1 The current statutory restriction on the planting of potatoes in Scotland to basic grade seed potatoes or the direct progeny from such potatoes (the "once grown" measure) was introduced in order to protect the virus health of adjacent seed potato crops. It applies throughout the whole of Scotland (and Northern Ireland and the northern counties of England) which are designated by EC Decision 93/231/EEC as areas where only community (basic) grade seed potatoes may be grown or marketed.

2.2.2 We agreed when last this issue was raised to consult the industry formally upon it when the Plant Health Order was up for review. As part of the proposal (see 2.3) to make more explicit existing powers requiring compulsory burning down of virus affected ware crops, we would now seek industry endorsement of the continuing requirement to restrict planting of farm-saved seed to one generation from classified.

2.3.1 The "once grown" measure is policed by SEERAD inspectors who each year, in a rolling programme, will visit a targeted selection of ware growers in the country and inspect the documentation (certificate of classification or official label together with an invoice or other delivery note) which the grower is required by the Order to retain and make available for inspection. Where there is absence of proper documentation and the ware crop is exhibiting levels of virus in excess of the 4% ceiling for the progeny of basic seed potatoes set down in the Seed Potato Regulations, inspectors can require that the haulm of the ware crop be burned down immediately to reduce the chance of virus spread via aphids to nearby seed crops and thereby render them unsuitable as seed.

2.3.2 We propose to include a provision in the new Plant Health (Scotland) Order to enable the mandatory burning down of ware crops where virus levels exceed the 4% ceiling regardless of whether the grower produces the necessary documentation. It should be stressed however that we would only take such action where in the opinion of the local inspector the virus-affected ware crop posed a clear and present danger to a nearby seed crop.

2.3.3 Assuming the powers sought were to be made available, we need to address the question of responsibility for taking the action to burn down the haulm, and believe that where burning is desirable we would propose to give the grower the opportunity to take action himself. In such circumstances, and based upon scientific advice, we propose that the grower be allowed 72 hours following service of a statutory notice to burn down the crop.

2.3.4 We would further propose that where the grower fails to act within this timescale, inspectors should be given the power to appoint a contractor to do the work and recover the cost of this from the grower.

2.4.1 In the Seed Potato (Scotland) Regulations 2000 we introduced a new measure designed to protect seed potatoes from what could be described as "dangerous" or "suspect" ware. Since we took this step we are conscious that other EU Member States are waking up to the dangers of cross-contamination in this way. SEERAD's interest is in keeping all potatoes for planting in Scotland separate from "dangerous" ware and so we need measures which have equivalent effect covering farm-saved seed potatoes.

2.4.2 We are, of course, not concerned about separation of farm-saved seed and the ware from which it was derived. These have the same plant health status. Our principal area of concern is to control contact between farm-saved seed and imported (into Scotland) ware potatoes. This contact could take place where a packing station which handles imported ware also handles local ware produce and provides a grading service to the local grower. It is not difficult to imagine the opportunities for accidental admixture involving imported ware or for the transfer of contact diseases such as ring rot from the use of the same machinery, equipment, container, store or vehicle. While this practice by packers has diminished following our explanation of the dangers there is a need for regulation to underpin this.

2.5.1 One of the requirements of existing plant health legislation is that potatoes for planting must have originated from a field known to be free from PCN. The testing for such is an EU obligation and moreover, scientific advice is that farm saved seed now represents the main cause of spread of PCN in Scotland. However, at the present time, due to a lack of information regarding potatoes planted for ware production, SEERAD has been unable to enforce this requirement.

2.5.2 If it were to become a statutory requirement that growers notify SEERAD of planting data as outlined in 2.1 above, it follows that we would be able to check if the field from which the farm-saved seed had been obtained was free from PCN.

2.5.3 The fact that there are currently no checks on growing locations of farm-saved seed means that the PCN aspect becomes impossible to track. Since farm-saved seed can easily provide a pathway for the spread of PCN, compulsory testing for PCN of ware fields from which farm-saved seed is to be saved would help to address this.

2.6.1 Potato blight remains a major scourge of the potato. At present SEERAD plant health inspectors have no compulsory powers to require farmers to spray or otherwise treat potato dumps, potato volunteers / groundkeepers, etc in order to help prevent the spread of blight. All that they can do is advise growers to take action in the interests of protecting neighbouring crops.

2.6.2 The British Potato Council regards tackling blight as a major objective. 20% of all outbreaks reported to the BPC blight mapping service in 2003 were from dumps. This highlights the thoughts of many within the industry that potato dumps are still the main source of inoculum for late blight in Great Britain.

2.6.3 The BPC recognises that it is vital, if the industry is to reduce the burden of blight on potato crops in this country, that steps are taken first of all to reduce the amount of inoculum that is present. Better control of potato dumps would be a major step to achieving this.

2.6.4 We have therefore determined that powers should be sought to enable inspectors to take all necessary action to enforce effective dump control and in general we believe that the responsibility/action issues identified above in 2.3 (burning) should be the same for blight control.