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Responses to industry consultation on key issues arising from forthcoming consolidation of plant health legislation

DescriptionSummary of responses to industry consultation on key plant health issues for which provision needs to be made in forthcoming consolidation of Plant Health Order 1993.
ISBN (Web Only)
Official Print Publication Date
Website Publication DateApril 22, 2005

CONSOLIDATION OF PLANT HEALTH LEGISLATION

INDUSTRY CONSULTATION ON KEY ISSUES

SUMMARY OF RESPONSES RECEIVED

Introduction

1. Work is currently under way within SEERAD to take forward the making of the new Plant Health (Scotland) Order to replace the current Plant Health (Great Britain) Order 1993 which has been amended on numerous occasions. The opportunity of making a new, consolidated and Scotland-only instrument is being taken to propose a number of new measures to improve the plant health of potatoes in particular. It is anticipated that the new Order will be made during the course of 2005 but with some measures not coming into effect until the start of the 2006 growing season.

2. In January 2005 SEERAD issued a consultation letter to relevant business interests, trade organisations and other groups known to have an interest in the Scottish potato industry. The consultation identified a number of potato-related issues which SEERAD wishes to deal with in the new Order and/or flag up for specific consultation with industry as points of principle.

3. The consultation aimed to give individuals and groups the opportunity to comment on the issues raised and to make SEERAD aware of particular circumstances that may need further consideration. A copy of the consultation document can be found on the Scottish Executive website by clicking on the following link:

http://www.scotland.gov.uk/Consultations

4. Consultation commenced on 24 January 2005 and ended on 23 March. Five responses were received in total, from the following bodies:

  • National Farmers' Union of Scotland
  • Scottish Potato Trade Association
  • British Potato Council
  • Scottish Crop Research Institute
  • Virus Tested Stem Cutting (VTSC) Growers' Association

5. It will be noted from the responses to the consultation summarised below that while there is general support for the majority of the proposals there are some issues which will require further elaboration in discussion with the industry in due course. SEERAD will address outstanding industry concerns before proceeding to develop its proposals within a legislative framework. [ NB: The response from the British Potato Council (BPC), which offers unqualified support for all of the proposals set out in the consultation document, is not included in the table owing to the non-specific nature of its content - ie the response simply advises that the Seed Sectoral Group of the BPC has discussed the proposals and agrees support for all of them.]

6. Copies of the full responses have been deposited with the Scottish Executive Library at Saughton House, Broomhouse Drive, Edinburgh EH11 3XD (tel: 0131 244 4556) and may be inspected there by making the necessary appointment with the Library's Enquiry Desk.

Summary of responses received

Proposal

Summary of response, by organisation (excluding BPC - see paragraph 5 above)

(Numbers in brackets refer to para numbers in consultation document)

VTSC Growers

NFUS

SPTA (Council)

SCRI

Notification of potatoes for planting (2.1)

Welcomes the general aim of improving the traceability of non-classified seed to be planted in Scotland. However, VTSC believes that the proposals to collect information on the origin, etc of farm-saved seed may be difficult, and relatively expensive to implement, in practice.

In addition, the proposals outlined in the consultation document assume that ware growers in Scotland will always know in advance which ware crops they will draw farm-saved seed from at the end of the season: this may not be the case. There may be occasions when growers will prefer to leave this decision until harvest.

An option which could have the same effect as the current proposals in 2.1, 2.2 and 2.5, but which might be simpler, would be to require all potatoes planted in Scotland to be of classified, or at least "field inspected", seed. If this were to be made a requirement in Scotland it would avoid the need for the additional legislation proposed under 2.1, 2.2 and 2.5. VTSC understands that this is a requirement in the Netherlands and that it has the effect of limiting virus infection in Dutch ware crops.

VTSC recommends that this alternative should be explored.

Shares the concerns of the Executive on the need to exclude diseases such as ring rot and brown rot. It is also important however to minimise bureaucracy for growers.

For that reason notification of planting should only be extended to seed planted for ware if this will make a significant, positive contribution to protection against imported disease.

The contribution should also be considered in light of the Executive's new powers in respect of imported seed potatoes from the Netherlands, the development of BPC's Safe Haven Scheme and the existing voluntary ban on imported seed potatoes.

Information collected by the Executive on plantings by individual businesses should remain confidential.

Supports the proposal but at the same time feels that this will impose another time-consuming requirement, with associated costs, on an industry that is already over-burdened with regulation.

To reduce this burden, Council requests that the use of existing information from other ( egBPC) sources be investigated.

Strongly supported.

Continuation of the restriction re "once grown" (2.2)

No view.

Agrees that the general restriction to "once-grown" should be continued but the potential to request derogation from the restriction in circumstances where there are shortages of seed of particular varieties should be retained.

Council agrees that these proposals, which already operate and are accepted by industry, should continue.

Strongly supported.

However, crops grown on same farm as "once grown" may still represent a disease risk to adjacent seed crops since control measures described in 2.3 are based on a sample/selection of growers and 4% aphid transmitted virus is high and time limits are long - 72 hours plus for arranging contractors.

Power to order immediate burning down of haulm of infected crops (2.3)

No view, but see comment against 2.6.

Concerned that the proposal could potentially cause financial harm to ware growers who have fully complied with all legal requirements, yet for reasons outwith their control are found to have virus levels above 4% in their crop. Giving powers to require "burning down" even when correct documentation is provided would protect the interest of a neighbouring seed crop grower, but at the expense of the ware producer.

As with the issue of GM co-existence NFUS believes that growers who have acted within the law and in accordance with relevant codes of practice should be treated equally.

Further clarification of what is meant by "nearby" seed crop is needed. Other factors should also be taken into account before deciding whether to burn down, such as wind direction or natural barriers, which might reduce the risk of virus spread.

Seed representatives on Council accepted these proposals but concern and reservations expressed by the ware sector: in particular, latter feels that the power which SEERAD would seek to burn down after 72 hours from the issue of a statutory notice requires further thought.

There appears to be no prospect for appeal. The application of the opinion of the local inspector without any input from experts causes unease. Strong feeling is that this would require a very experienced senior inspector or some form of arbitration to make a decision, which could result in a high loss to the grower concerned. It is suggested that there could be a specially selected arbitration panel ready to be called on to decide on these cases.

Strongly supported.

However, with regard to 2.3.1 and 2.3.2, defining "nearby" may be difficult. Unless solid evidence already exists, independent validation may be necessary to determine the distances over which aphids from one crop pose a "clear and present danger" to a nearby crop.

Separation of farm-saved seed from ware (2.4)

No view.

The consultation does not spell out exactly what is intended in terms of separation but NFUS presumes that it would preclude the use of the same machinery, equipment, containers, stores or vehicles for farm-saved seed potatoes and ware potatoes. As the suggestion is that the major concern is separation of farm-saved seed and "dangerous" ware NFUS agrees that machinery etc. that comes into contact with imported ware should not also be used for farm-saved seed.

The provision for annual derogations for handling of farmers' own produced ware and farm-saved seed potatoes, using the same facilities, is essential.

Terms of this proposal already being met, and it is agreed that this should continue and be policed to prevent contact of potatoes for planting with potatoes for risk countries.

Strongly supported.

Introduction of compulsory testing for Potato Cyst Nematode (PCN) of land for ware production where farm-saved seed potatoes are to be produced (2.5)

A possible alternative to testing land for PCN prior to planting crops to produce farm-saved seed might be to test a representative sample of tubers prior to planting. This would probably give a more accurate assessment of the existence of PCN than would soil sampling and testing.

NFUS reading of EU Directive 69/465/EC (Article 2) and the Plant Heath Order 1993 is that testing is a requirement only for seed potatoes that are to be marketed (or classified for marketing purposes) rather than for all seed potatoes "for planting". The extension of compulsory PCN testing to land producing farm-saved seed would therefore be a gold-plating of the Directive, adding cost to ware production.

Council supports the proposal in the interest of controlling the spread of PCN and given the problems associated with the long-distance movement of farm-saved seed. Ware sector concerned however at additional paperwork and expense involved.

Recognises that farm-saved seed is one of the most important causes of spread of PCN. Presently, growers can get tests done and if cysts are found may not use the field for seed but can use it for ware - the information is not transferred to the authorities. Statutory testing of such ware fields is an important step forward.

Potato blight - compulsory powers to treat dumps, etc (2.6)

No specific comment on the proposals for burning down other than to say that a reasonable period should be allowed between the spraying of potato dumps and any further action when there is no evidence of potato blight.

As stated in the consultation document, the BPC has highlighted the issue of potato dumps. It has an ongoing campaign to improve grower knowledge of the risks of disease spread associated with dumps.

Before changing legislation to extend the powers of inspectors we would prefer to see what improvements result from the BPC campaign.

Agrees that it would be sensible to put these proposals on a statutory footing. However, concern expressed in relation to para 2.6.4 of the consultative document and the question is therefore asked: "where [the action] refers to paragraph 2.3 (burning), does this include a whole potato crop as the source of blight infection and if so would [the entire crop] be burned down?" Council feels that if this is the case their suggestions for treatment of virus in the same circumstances should apply.

Council concerned that if an organic crop was treated as [the disease] source it had to be recognised that the burning down of that crop with a chemical such as sulphuric acid would lose that field its organic status for a period of 2 years, affecting all crops. Council agrees this aspect needs serious consideration and clarification.

Strongly supports plans to reduce sources of primary inoculum - with the powers to enforce the destruction of dumps, volunteers, etc. This system, with penalties for failure to comply, appears to have been successfully adopted in the Netherlands.

Unclear from text of consultative document whether inspectors will specifically request an inspection of dumps or rely on casual observations during farm visits - the former would be preferable.

The Executive should encourage growers to follow the advice from the BPC "Fight Against Blight" campaign and site dumps in areas where they can be readily observed.

Page updated: Tuesday, April 19, 2005