CONTROL OF SALE OF SEED POTATOES REGULATIONS *

CONTROL OF SALE OF SEED POTATOES

SUBSIDIARY LEGISLATION 117.05

CONTROL OF SALE OF SEED POTATOES

REGULATIONS *

25th November, 1955

GOVERNMENT NOTICE 649 of 1955, as amended by Legal Notices 9

and 53 of 1964, and 409 of 2007.

The title of these regulations is Control of Sale of Seed

Potatoes Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"Director" means the Director of Agriculture;

"importer" means any person who receives seed potatoes from

any place outside these Islands;

"agent" means any person who buys seed potatoes from an

importer on behalf of farmers or on behalf of persons who can show

to the satisfaction of the Director that the seed potatoes would be

used exclusively for sowing purposes;

"seed potatoes" means potatoes imported into these Islands and

conforming with the requirements of the Importation of Seed

Potatoes Regulations;

"sell" includes any disposal of property or possession under any

title whatsoever;

"farmer" means a person registered with the Department of

Agriculture.

No importer shall sell seed potatoes except to a farmer and

on presentation of the latter’s farmer’s registration card, and no

greengrocer and no retailer shall have on his business premises any

seed potatoes for any purpose whatsoever

Provided that a farmer in dealing with an importer may act

either personally or through an agent.

Every importer shall, within three days from the date of

receipt by him of seed potatoes from any place outside these

Islands, send a return to the Director specifying -

(a) the variety of potatoes received by him;

(b) the quantity of each variety;

(c) the name of the vessel whereby the potatoes were

carried to these Islands.

(1) Every importer shall, on making a sale of seed potatoes

give the farmer or the agent an invoice specifying the variety or

varieties sold, the relative price and the name, address and farmer’s

*These Regulations have been repealed by Act XXXIV of 2023.

CONTROL OF SALE OF SEED POTATOES

registration card number of the farmer to whom the sale is made.

He shall also within three days of the sale send a copy of the

invoice to the Director.

(2) Where an invoice is handed over to an agent, it shall be the

duty of the latter, on delivering the seed potatoes to the farmer on

whose behalf they were acquired, to hand over also to the farmer

the invoice relating to these potatoes.

Any importer who sells seed potatoes to any person who is

not a farmer or who in a return or in any invoice or in a copy

thereof wilfully or recklessly enters false particulars or omits to

enter any part icular r equired by these Regulatio ns, or who

otherwise fails to comply with the provisions of these Regulations

and any agent who fails to comply with the provisions of regulation

5(2) and any retailer who sells seed potatoes as ware potatoes shall

be guilty of an offence under these Regulations and shall be liable

to a fine (ammenda) of not less than forty-six euros and fifty-nine

cents (46.59) but not exceeding two euros and ninety-four cents

(232.94) for each contravention.