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Potato Industry Act Regulations

made under Section 6 of the

Potato Industry Act

R.S.N.S. 1989, c. 350

O.I.C. 87-667 (June 2, 1987), N.S. Reg. 108/87


1     These regulations may be cited as the Potato Industry Act Regulations.


2     In these regulations, unless the context otherwise requires,


                (a)    “Minister” means the Minister of Agriculture and Marketing;


                (b)    “inspector” means a person appointed or designated as an inspector pursuant to Section 7 of the Act;


                (c)    “bacterial ring rot” means the disease Corynebacterium sepedonicum.


3     No person owning, leasing or using more than 0.1 hectare of land for the purpose of growing potatoes shall plant potatoes grown outside the Province of Nova Scotia other than seed potatoes certified under the Seeds Act, Chapter S-8 of the Revised Statutes of Canada, 1985, and the regulations made pursuant thereto.


4     No person shall plant any potato that has been grown outside of Canada except with the permission of the Minister.


5     No person shall plant, sell or otherwise dispose of any potatoes infected or suspected of being infected with bacterial ring rot except as an inspector or the Minister may direct.


6     Any person who discovers or suspects the presence of bacterial ring rot in his crop in the field or in potatoes in his possession shall immediately notify an inspector or the Minister and supply a sample of the potatoes for further examination.


7     Where an inspector discovers or suspects the presence of bacterial ring rot in any potatoes, he shall immediately place the potatoes under detention and, if practicable shall mark such potatoes with a tag bearing the words, “Detention” and in the form set out in Schedule “A” and signed by the inspector, and thereafter no person shall plant, sell, move or dispose of any such potatoes except as an inspector may direct.


8     Where an inspector has determined the presence of bacterial ring rot on any premises, he shall direct that any cellar, bin or other storage place, equipment, implement or machinery which has been or is suspected to have been in contact with any such infected potatoes be disinfected in accordance with instructions issued by such inspector, and no person shall use or sell crates, bags or other containers that have been used on or moved from any farm or premises found infected until the same have been disinfected as directed by the inspector.


9     Where an inspector has determined the presence of bacterial ring rot in any potatoes, he may order that those potatoes be disposed of or be treated in such manner as he considers necessary to control the spread of bacterial ring rot and in accordance with his directions and under his supervision.


10   (1)    Any person whose farm or land has borne a crop of potatoes infected with bacterial ring rot shall not permit the same area to be replanted to potatoes in the same year or planted to potatoes the following year and shall destroy any volunteer plants on such land.


       (2)    Where volunteer plants referred to in subsection (1) are not removed or are found to be infected with bacterial ring rot, the land may not be used to grow potatoes for a further year in addition to the year mentioned in subsection (1).

[Note: Effective February 24, 2006, references to the Minister of Agriculture and Marketing and Department of Agriculture and Marketing throughout these regulations should be read as references to the Minister of Agriculture and Department of Agriculture in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376.]

Appendix “A” - Detention

Nova Scotia Department of Agriculture and Marketing

Potato Industry Act

These packages of potatoes totalling ______ from field, or car or Truck No. _____ are

held under detention in accordance with regulations under the Potato Industry Act.

It is illegal to move these packages, to disturb the contents, or to remove this label; and any person responsible for such actions, unless authorized by an inspector duly appointed under the said Act, is liable to prosecution.


                                                                                           Inspector, Potato Industry Act