Control of Potato Cyst Nematodes: Consultation on the Implementation in Scotland of Directive 2007/33/EC

5. Land recorded as infested

39. Where live PCN are found in a field, either by a pre-planting soil test or during the ware survey, the field will be officially recorded as infested. (The terms "scheduling/descheduling" of land will be replaced by the terms "recording/de-recording" of land infested with PCN.) Potatoes or plants which have been grown in the field, or which have come into contact with infested soil, will be "designated as contaminated".

40. When a field is recorded as infested with PCN, the 2007 Directive imposes the following restrictions:

• No seed potatoes may be grown in the field;
• Ware potatoes may be grown, provided that an officially approved control programme is used, aiming at least at the suppression of PCN (see section 6);
• Potatoes which are designated as contaminated must be graded and processed at a plant with appropriate waste disposal facilities which pose no risk of spreading PCN. They must not be planted in any circumstances.

41. The current system of PCN soil testing used in Scotland provides for a range of restrictions to be placed on the land, beyond the minimum requirements of the 1969 Directive. These range from a complete ban on all potatoes being planted to a ban only on growing seed of non-resistant varieties. This depends on the pathotype and whether live or dead cysts are found. If live cysts are found then buffer zones on either side of the tested area are also restricted. These measures compensate for a relatively low sampling rate; for example, if dead cysts are found it is taken to indicate that live cysts are also likely to be present, but at a low density. The more intensive sampling required under the 2007 Directive justifies simplifying the system. We therefore propose that under the new arrangements:

• Where live cysts (of either pathotype) are found, the "field" will be recorded as infested.
• The record will apply to the "field" from which the soil sample was taken (see section 3).
• There will be no restrictions on adjacent areas (no buffer zones).
• No restrictions will be placed on land where only dead cysts are found, nor will such land require a 'voluntary retest' prior to the granting of a clearance certificate.

42. Around 17,000ha of land is officially tested for PCN each year, of which only around 10,000ha is used for the production of classified seed potatoes. Over the last ten years, an average of 400 ha have been scheduled and descheduled each year - the overall area of scheduled land has remained constant. Under the higher sampling rates specified by the 2007 Directive, the rate at which restrictions are placed on land is likely to increase and the rate of removal of restrictions will decrease, especially as more intensive sampling ( i.e. the standard rate) will be required for such purposes. Ignoring findings of dead cysts, as proposed, would make another 1600ha / 9% of land tested each year available for the production of seed potatoes.

Question 7: Do you agree with the proposed simplification of the system for placing restrictions on land in response to a finding of PCN? If not, please explain your concerns.

43. In order to remove the restrictions on a field officially recorded as infested, a pre-planting soil test must find the field clear of PCN. The 2007 Directive requires at least six years to have passed since the test which found PCN in the field, or since the last potato crop, before a de-recording test can be carried out. If approved control measures have been used to suppress PCN in the field, a minimum of three years is required.

44. Under current rules, a descheduling test can be carried out after one, three or six years, depending on the quantity and species of PCN found when the field was scheduled, although a six year gap is recommended. This is in the context that no potatoes may be planted in scheduled land; early descheduling allows the land to be used for ware, and it is assumed that growers who plant potatoes in such land will use appropriate control measures to protect their crop. Given that PCN can survive in the soil for at least 20 years, it is very likely that some will still be present after 3 years, even if a further test fails to find them. Under the new regime, ware potatoes can be grown in land recorded as infested, with a suitable control programme, so there is less justification for early de-recording. In order to provide more robust control of PCN where it is known to occur, we are minded not to permit de-recording until six years have passed.

Question 7a Do you agree that a de-recording test should not be permitted until six years after the test which found PCN in the field, or the last potato crop?

45. The Directive requires a de-recording test to be carried out at the standard sampling rate of 1500ml/ha, using the reduced rate for larger fields where relevant. However, it also allows for the lower rate of 400ml/ha to be used if 7 years have elapsed since the last potato crop. Current SPCS rules state that classified seed potatoes cannot be grown until six years after the last finding of PCN, and 11 years after the last potato crop in that field (5 years if a resistant variety was grown for ware). We propose to require that all de-recording tests are carried out at the standard rate, but to remove the rotation requirement in relation to the last potato crop, in recognition that the higher sampling rate gives a greater chance of finding PCN at lower concentrations. Six years after a finding of PCN, therefore, it will be possible to carry out a de-recording test and, if this is clear, to plant seed potatoes for classification or to be used as farm saved seed immediately.

Question 8: Do you agree with the proposal to require all de-recording tests to be carried out at the standard rate, and consequently to remove the rotational requirement of 11 years for growing seed potatoes on previously recorded land?

Register of infested land

46. A PCN soil test may be requested by the owner of the land or by a grower who intends to rent the field, with the owner's permission. Currently, if a field is scheduled, the landowner is always informed, and it is an offence for them to permit potatoes to be grown in the field while that status remains. However, if another grower wishes to rent the field some years later, they are reliant on the landowner to tell them about the restrictions in place. Cases occur every year in which ware potatoes are grown in scheduled land, and it is often unclear whether the grower was aware of the restrictions.

47. To date, the results of PCN tests have been recorded manually on records for the farm, and there has been no central list of scheduled fields. However, the forthcoming introduction of a new computer system for the SPCS is expected to enable this information to be collated more easily. It should also be possible to match records of potatoes planted, both seed and ware, against scheduled / recorded fields in order to identify contraventions consistently.

48. It is the policy of the Scottish Government to proactively publish information wherever possible. We are therefore considering making available a public register of recorded fields, once systems are in place to facilitate this. The register would not contain any details of the owner or tenant of the field nor any description of its location, only the FID number, date of recording and details of the restrictions that apply. We believe this would benefit growers by allowing them to check before renting a particular field whether any restrictions are in place, and therefore avoid both damage to their crop and possible sanctions for contravention. It could also play a part in reducing the distribution of PCN in Scotland, by providing an added incentive for landowners to ensure their fields do not become infested.

Question 9: Do you support the introduction of a public register of scheduled / recorded land? If not, please explain your concerns.