§ Mr. MossTo ask the Secretary of State for Scotland who is responsible for ensuring that Scottish seed potatoes comply with the Seed Potato Regulations 1984; and how the scheme of certification is administered.
§ Mr. Michael ForsythProducers and subsequent sellers of seed potatoes are responsible for ensuring that their product complies with the regulations.
The seed potato classification and labelling schemes are administered and enforced by the Scottish Office Agriculture and Fisheries Department under the Seed Potatoes Regulations 1984. Certificates of classification are issued by the Department provided that the growing crop is found on at least two visual inspections to meet the standards prescribed.
§ Mr. MossTo ask the Secretary of State for Scotland what legal recourse, under the Department of Agriculture and Fisheries for Scotland certification scheme, a potato farmer from outside Scotland has against either the merchant supplier, or the Scottish grower, of virus-infected Scottish seed potatoes supplied.
§ Mr. Michael ForsythThe Seed Potatoes Regulations 1984, which govern the marketing of seed potatoes in80W Great Britain, and under which the Scottish Office Agriculture and Fisheries Department, formerly DAFS, administers the seed potato classification and labelling schemes, do not provide for any form of restitution to purchasers of seed potatoes. Such matters must be pursued through the normal commercial channels. Any purchaser who is not satisfied with goods delivered to him, including seed potatoes, may initiate civil legal proceedings under the Sale of Goods Act.
§ Mr. MossTo ask the Secretary of State for Scotland what steps the Department of Agriculture and Fisheries for Scotland takes immediately to inform all merchants and farmers who have taken seed from a Scottish grower in cases where it has firm evidence that a batch of Scottish seed potatoes from that grower has high levels of virus infection; and if he will make a statement.
§ Mr. Michael ForsythThe Scottish Office Agriculture and Fisheries Department, formerly DAFS, has no legal responsibility to notify industry bodies in such circumstances.
However, in cases where the Department was in possession of facts which clearly gave rise to concern about the presence of virus it would as a matter of course conduct a full investigation. I understand that my noble Friend the Minister with responsibility for these matters is writing to my hon. Friend.
§ Mr. MossTo ask the Secretary of State for Scotland what legal penalties are available to the Department of Agriculture and Fisheries for Scotland to prosecute growers and merchants who supply Scottish seed potatoes which are found at a subsequent date not to comply with the regulations of certification; and how many prosecutions of Scottish seed potato suppliers for faulty seed there have been in each year for the last 10 years.
§ Mr. Michael ForsythUnder the Plant Varieties and Seeds Act 1964, any person who contravenes any provision contained in the seeds regulations may be prosecuted and by summary conviction would be liable to a fine not exceeding £2,000.
There have been two successful prosecutions by the Secretary of State for Scotland in respect of the marketing of seed potatoes in Great Britain under the Seed Potatoes Regulations 1984; one in 1988, the other in 1989.