Control of Potato Ring Rot Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,584, 14 ta’ Mejju, 2004

L.N. 290 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Control of Potato Ring Rot Regulations, 2004

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act 2001, the Minister for Rural Affairs and the

Environment has made the following regulations>-

The title of these regulations is the Control of Potato Ring Title and

Rot Regulations, 2004 and they shall come into force on the 15th Commencement.

May 2004.

These Regulations concern the measures to be taken against Scope.

Clavibacter michiganensis (Smith) Davis et al. ssp. (Spieckermann

et Kotthoff) Davis et al., the cause of potato ring rot (hereinafter

referred to as ‘the organism’), in order to>

(a)

locate it and determine its distribution<

(b)

prevent its occurrence and spread< and

(c) if found, to prevent its spread and to control it with

the aim of eradication.

(1) The Plant Health Department shall conduct systematic Official Surveys.

official surveys for the organism on tubers and, where appropriate,

on plants of potato (Solanum tuberosum L.) originating in Malta,

for the confirmation of absence of the organism.

(2) For these surveys, in the case of tubers samples of both

seed and other potatoes shall be taken, preferably from lots in store

and subjected to official or officially supervised laboratory testing

using the method set out in Schedule 1 for the detection and diagnosis

of the organism. In addition, where appropriate, official or officially

supervised visual inspection by cutting of tubers on other samples

may be done. In the case of plants, these surveys shall be carried out

according to appropriate methods and the samples shall be subjected

to appropriate official or officially supervised testing.

(3) The number, origin, stratification and timing of

collection of samples shall be decided by the Plant Health Department

Act XVIII of 2001. within the meaning of the Plant Quarantine Act based on sound

scientific and statistical principles and the biology of the organism,

and taking into account the particular potato production systems of

Malta. The details thereof shall be submitted annually to the other

Member States and the Commission.

(4) The results of the official surveys shall be notified at

least once a year to the other Member States and to the Commission.

(1) The suspected occurrence or confirmed presence of

Suspected Cases to

the organism, in potato plants and tubers or harvested, stored or

marketed tubers in Malta shall be reported to the Plant Health

Department.

(2) In cases of suspected occurrence, the Plant Health

Department shall ensure completion of official or officially

supervised laboratory testing, using the method set out in Schedule

I, and in accordance with the conditions specified in point 1 of

Schedule II, in order to confirm or refute the suspected occurrence.

In the former case, the requirements laid down in point 2 of Schedule

II shall apply.

(3) Pending the confirmation or refutation of the

suspected occurrence under paragraph 1, in those cases of suspect

occurrence where, either>

(i) suspect diagnostic visual symptoms of the disease

have been seen< or,

(ii) a positive immunofluorescence test as specified in

Schedule 1 or other appropriate positive test has been identified,

the Plant Health Department shall>

(a) prohibit the movement of all lots or

consignments from which the samples have been taken,

except under their control and provided that it has been

established that there is no identifiable risk of the organism

spreading<

(b) take steps to trace the origin of the suspected

occurrence<

(c) introduce appropriate additional precautionary

measures based on the level of estimated risk, in order to

prevent any spread of the organism. These measures may

include the official control of the movement of all other

tubers or plants within or off premises associated with the

suspected occurrence.

(1) If official or officially supervised laboratory testing Where the

presence of

using the method set out in Schedule 1 confirms the presence of the organisms is

organism in a sample of tubers, plants, or parts of plants, the Plant confirmed.

Health Department, having regard to sound scientific principles, the

biology of the organism and the particular production, marketing

and processing systems in Malta>

(a) designate as contaminated the tubers or plants,

consignment and#or lot, and the machinery, vehicle, vessel,

store, or units thereof, and any other objects including packaging

material, from which the sample was taken, and, where

appropriate, the place(s) of production and field(s) from which

the tubers or plants were harvested<

(b) determine, taking into account the provisions of point

1 of Schedule III, the extent of probable contamination through

pre- or post-harvest contact or through production link with the

designated contamination<

(c) demarcate a zone on the basis of the designation of

contamination under (a), the determination of the extent of

probable contamination under (b), and the possible spread of

the organism, taking into account the provisions of point 2 of

Schedule III.

(2) The Plant Health Department shall immediately notify

the other Member States and the Commission, in accordance with

the provisions of point 3 of Schedule III, of any contamination

designated under paragraph 1 (a) of this regulation and the details

of the zone demarcation under paragraph 1 (c) of this regulation.

(3) Where tubers or plants have been designated to be

contaminated under Regulation 5 (1) (a), testing in accordance with

Regulation 4 (2) shall be carried out on potato stocks which are

closely related to those involved in the contamination. The testing

shall be carried out on as many such tubers or plants as are needed

to determine the probable primary source of infection and the extent

of the probable contamination, preferably in order of degree of risk.

As a result of the testing, further designation of contamination,

determination of the extent of probable contamination and

demarcation of a zone shall be conducted, as appropriate, under

Regulations 5 (1) (a), (b) and (c) respectively.

(4) Tubers or plants, designated to be contaminated under

Regulation 5 (1) (a) may not be planted and under the control of the

Plant Health Department, they shall be>

–

destroyed, or

– otherwise disposed of, subject to officially supervised

measure(s), in accordance with the provisions of point 1 of

Schedule IV, provided that it is established that there is no

identifiable risk of the organism spreading.

(5) Tubers or plants determined as probably contaminated

under Regulation 5 (1) (b) may not be planted and, without prejudice

to the outcome of the testing referred to in regulation 5(3) for closely

related stocks shall, under the control of the Plant Health Department,

be put to appropriate use or disposal as specified in point 2 of

Schedule IV, in such a way that it is established that there is no

identifiable risk of the organism spreading.

(6) Any machinery, vehicle, vessel, store, or units thereof,

and any other objects including packaging material, designated as

contaminated under Regulation 5(1)(a) or determined as probably

contaminated under regulation 5(1)(b), shall either be destroyed or

cleansed and disinfected using appropriate methods as specified in

point 3 of Schedule IV. After disinfection, any such objects shall no

longer be considered contaminated.

(7) Without prejudice to the measures implemented under

regulations 5(4), (5) and (6), in the zone demarcated under ergulation

5 (1) (c), the measures, as specified in point 4 of Schedule IV, shall

be implemented.

Seed potatoes shall meet the requirements of the Plant

Quarantine Act and shall derive in direct line from material obtained

under an officially approved programme which has been found free

of the organism in official or officially supervised testing using the

method set out in Schedule I. The aforesaid testing shall be carried

out>

– in cases where the contamination affects seed potato

production, on the plants of the initial clonal selection,

– in other cases, either on the plants of the initial clonal

selection or on representative samples of the basic seed potatoes

or earlier propagations.

The holding and handling of the organism is hereby banned. Prohibition of

holding etc of the

organism.

Without prejudice to the provisions of the Plant Quarantine Derogations for

experimental or

Act the Plant Health Department may authorise derogations from scientific

the measures referred to in regulations 5 and 7 of these Regulations purposes.

for experimental or scientific purposes, and for work on variety

selection, provided that such derogations do not prejudice the control

of the organism and create no risk of spread of the organism.

The Plant Health Department may adopt such additional Additional

or stricter measures as may be required to combat the organism or Measures.

to prevent it from spreading, in so far as they are in compliance with

the provisions of the Plant Quarantine Act. The additional measures

may include the prescription that only seed potatoes may be planted

that are either officially certified or officially inspected to meet the

required plant health standards. The latter may apply in particular in

case farmers are authorised to use, on their own holding, seed

potatoes which they have obtained from their own harvest and in

other cases that own-produced seed potatoes are planted. The details

of these measures shall be notified to the other Member States and

to the Commission.