Plant Protection Act, 2007 (No. 53 of 2007)

Supplement to Official Gazette No. 105 dated 20th December, 2007 PLANT PROTECTION ACT, 2007 - 53 AH"angement of Sections Section 1. Shotttitle. 2. Intetpretation. PART I Preliminary PART II ADMINISTRATION 3. Powers of the Minister. 4. Designatjon of the Organisation. 5. FunctionsoftheOrganisation. 6. Appoin1ment of inspectors. 7. Duties of an inspector. 8. Designation of laboratmies and analyst. 9. Establishment of Advisory Council. 10. ResignationorrernovalofmembersofCouncil. ll. Role of Council. 12. Sub-committees of Council. 13. Phytosanitary Emergency Fund. Sci:ti(m (ii) PART III IMI'ORTS 14. Reslrictionsonimport. 15. l111pu1tpcunit. 16. lnspectiononimportation. 17. Detention or destruction of impons. 18. Release ofimports. 19. Minister may restrict certain imports. 20. Plant quarantine stations. 21. Duty to report and detain certain imports. PART IV EXPORTS 22. Restriction on export. 23. Inspection of exports. PART V CONTAINMENT AND ERADICATION OF PESTS 24. Duty of occupier to notify the Organisation. 25. Declaration of quarantine. 26. Procedure when quarantine pest is on premises. (iii) Section 27. Service of quarantine notice in absence of occupier. 28. Duration of quarantine notice. 29. Declaration of phytosanitacy emergency. 30, Lifting of quarantine. 31. Dec la.ration of pest free or low pest prevalence area. PART VI ENFORCEMENT 32. Entry and search by an inspector, 33. Seizure and notice of seizure. 34. Storage or removal of affected items. 35. Confiscation and disposal of unclaimed items. 36. Offences, 37, Liability ofofficials. 38. Penalty. 39. Forfeiture. 4-0, Lirnimtion on liability. Section 41. 42. 43. 44. 45. Compensation. Documents. Regulations. (iv) PART VII MISCELLANEOUS Repeal and savings. Act to bind C'rown, BARBADOS 2007 - 53 I ass.r.nt C. STRAUGHN HUSBANDS G1lvemor-Oeneral 20thDecember, 2007. A,1 Act tu pn.;w,it tlie fotrvductiuri umJ tu co11tn1l the :,p1·eud <d. plant pests; to protect plant resources; to facilitate trade in plants and plant products; and to regulate other matters connected thereto. It also seeks to repeal the Plant Pest and Disease (Import Control) Act, Cap, 266. (December 20, 2007). Commence ment. FNACTRn hy the Parliament of Rarbados as.follows: PART I PRELIMINARY 1. This Act may be cited as the Plant Protection Act, 2007. Short title. 2 lm.:apu;• tat1on. PLANT PROTECTION ACT, 2007-53 2. In this Act, "affected0 means infected or infested with a pest; 11area11 includes a place or site of production~ 0 area oflow pest prevalence11 means an area, identified by the competent wthority, in whi1;:h a specific peit oocun. at low levels -and which is subject to effective surveillance, control or eradication measures; "area under cultivation" includes a field, plantation, nursery, garden, green house and laboratory; "beru,ficial orgrorism" moans anyorgrorism (including fungi, Billeria, viruses, vims~Hke organisms and invertebrate or other animals) which is identified by competent authority to be directly or indirectly advantageous to flora or agricultural production; "consignment" means a quantityofplams, plant proctucls or other n:::gulalell articles (which may be composed of one or more commodities or lots) being moved from one country to another and covered, when required, by a single phytosanitary certificate; "consignment in transit11 means a consignment which passe~ through a country without being imported, and may be subject to phytoBanitary meMure5; "contain° means to applyphytosanitarymeasures in and around an affected area to prevent the spread ofa pest; "container" means a box, bag, wrapper, covering or other receptacle in which any plan~ plantproducls or other regulated articles that mayca,rypests has been or 1S being transported; "control" means the suppression, containment or eradication of a pest population; PLANT PROTFCTION ACT, 2007 -53 11oonveyancen means anyvessei aircraft, train; vehicle; cart, container, animal or other thing that can convey a plant, plant product, pest, beneficial organism or other regulated article from one place to another; "council" means the Advisory Council established under section 9; "detain" means to keep a consignment in official custody or confinement for phytosamtaryrcasons; "endangered area11 means an area where ecological Billors favour the e.!'<:fahliillhme.nt of a pest whose presence in the area will result in economica1ly important loss; (a) in relation to a pest, means the movement of a pest into an area where it is not yet present, or present but not widely distributed and being officially controlled; (b) in relation to a consignment. means the movement of the consignment through a port of entry into an area; 11eradicatei, means to applyphytosanita:rymeasures to eliminate a pest :from an area; "'-StalJlisluucul" means the. pcarpctuation, for the forc:;ccablc future, of a pc:;t within an area after entry; "Fund" means the Phytosanitary Emergency Fund established under section 13; "gennplasm" means a plant intended for use in breeding or conservation progmmmes; "import pennit" under section 15( I) means an official document authorizing 1he importation ofa commodity in accoroance with specified phytosanitruy requirements; 3 4 PLANT PRUrECTION ACl; 21l07 -53 "import11 means to bring into Bru:bados from another country any plant, p1ant product, pest, beneficial organism or other regulated article by means of a conveyance; himporter" means anyone who, whether as owner, consignor, consignee, agenl, broker or otherwise, is in possession of or in anyway entitled to the custody of any plant, plant product, pest, beneficial organism or other regulated article landed or likely to be landed in Barbados from another country; "im;pc.;tion" means official vi:iua.lcx.a.minationof11 plant, plant product Qr otherregu1ated article to determine if pests are present orto detennine compliance with phytosanitary regulations; "inspector" means a person designated or appointed under section 6; "introduction" means the entry ofa pest resulting in its establishment in Barbados; "lPPC 01 means the new Revised Text of the International Plant Protection Convention; "IPPC Secretariat11 means the Secretariat of the Commission on Phytosanitary Measures established under the International Plant Pmte:r:tion Convention; "Minister" means the Minister responsible for Agriculture; "Ministry" means the Ministry rt:i'.!Jlornrlble fvi-Agrit:ullu,rt;, "National Plant Protection Organisation01 or "the Organisation" means the Government unit., department or office designated by the Minister under section4; "occupier'1 in relation to any land or building. means a person in a.clual occupation thereof; PLANT PROTECTION ACT, 2007 - 53 "Official controlu means the active enforcement of mandatory phytosanitary regulations and the application of mandatoryphytosanitaryprocedures with the objective of eradication or containment of quarantine pests or for the management of regulated non-quarantine pests; "outbreak" a recently detected pest population, including an incursion, or a sudden significant increase of an established pest population; "owner" tn relatton to anythmg, mcludes any person having tor the l1me bemg the possession, custody or control thereof; ":Packaging" means any material used in supporting, protecting or carrying a plant1 plant product or other regulated article; "pest" means any species, strain or biotype of any plant, animal or pathogenic agent injurious to a plant or plant product; 11pest free area" means an area in which a specific pest does not occur as demonstrated bv scientific evidence and in which, where appropriate, this condition is being officially maintained; "pest risk analysis" means the process of evaluating biological or other toc.icuti{fo and ccouomi,::, cvidcn1;1; to determine whether a pest should be regulated and the strength ofanyphytosanitarymeasures to be taken againstil; "phytosanitary certificate" means a certificate patterned after the model certificate of the IPPC and issued under section 23; "phytommitary emergency" means an emergency declared under sections 19(c) and 29; 0 phytosanitary measure11 means any legislation, regulation or official procedure having the purpose of preventing the introduction or spread of quarantine pests, or limiting the economic i1tlpact of regulated non quarantinepests; 5 6 PLANT PROTECTION ACf, 2007 - 53 "plant product" means any on-manufactured material of plant origin (including grain) and a manufaclured product which, by its nalme or that of its processing, may create a risk for the introduction and spread of a pest; "plant" includes a seed, germplasm and part of a plant; "port of entry" means an airport or seaport; "pre-clearance11 means phytosanitary certification and/or clearance in the exporting country, performed by or under the supervision of the Organisation; "premises" means any land, building or other structure or conveyance situated within the territorial bowidaries ofBarbados; "prescribed" means prescribed by Regulations made under this Act; "processini;?" means the act of washing. peeling scraping, miucing. scrubbin2, or any other method used on any plant, plant product or regulated article; "quarantine; pest" mcaus a pc5t of potential i;;couomic impotlaucc tu tlH;; area endangered thereby and not yet present there, or present but not widely dis1nbutedand being officially controlled, and declared as such by Regulations; "regular business hours" means the nonnal working hours of a Government office in Barbados; "regulated article" means any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitlllymeasures, particularly where international transpormtion is involved, and includes a beneficial organism; PLANT PROTECTION ACT, 2007-53 "regulated non~quarantine pest" means any pest which is not a quarantine pest and whose presence in a plant for planting affects the intended use of the planl with an economically unaccepted impact and which is therefore reculated in Barbados and declared as such by Regulations; ' 1regulated pest11 means a quarantine pest or a regulated non-quarantine pest; "soil" means material wholly or partly derived from theupperlayerofthe earth's crust which is capable of sustaining plant life and which contains solid organic substances such as parts of a plant, humus, peat or bark, but excluding any medium which is sterile, composed entirely of unused peat or otherwise incapable of harbouring or tmmmllttingpesro; "SPS Agreement11 means the WTO Agreement on the Application of Sanitary and Phytosanitary Measures to which Barbados is a party; "suppression" means the application of phytosanitary measures man atlbcted area to reduce a pest population; "surveillance" means an official process which collects and records data. on pest occurrence or absence by survey, monitoring or other procedure; "treatment" means an officially authorised procedure for the killing, inactivation or removal of pests or rendering pest infertile or devita1isation; "WTO" means the World Trade Organisation established in 1995 of which Barbados is a member. 7 8 Powers of the Minister. Designation of Organisa thm, Fuoctkm.s of the urgani~a tion. PLANT PROTECTION ACT, 2007 - 53 PAI<l' Il ADMINISTRATION 3. (I) The Chief Agricultural Officer shall have primary responsibility for the administration of this Act. (2) Notwithstanding subscc-tion ( 1 ), the Mi11i:stcr may, in writing delegate specific powers under this Act to the National Plant Protection Organisation or other Government official or agency as he considers appropriau:. 4. (I) The Minister shall in consultation with the Chief Agri'--ultural Officer designate a Govemmenl unit, a department or office in Barbados to serve as the Organisation of Barbados and shall transmit the name of that department, to the IPPC Secretariat. (2) The Minister shall assign individuals from time to time to serve as members ofthe Organisation. 5, The functions of the Organisation shall include: (a) the implementation of the IPPC and the SPSAgreements, together with the following responsibilities: (i) is.ruing phyto.sanitru:y ccrtificatc.'I; \ii) carrying out surveillance of any ornamental and growing plant, including areas under cultivation and wild flora, and ot any plant and plant product m storage orm transport, tor the purpose of reporting the occurrence, outbreak and spread of pests, and of controlling those pests; (ll1) inspecting any consignment of a plant and plant product and, where appropriate, inspecting any other regulated article, for the purpose of preventing the introduction and spn::aJ of pt::sl:s, PLAI\vr PROTEC110N ACT, 2001-53 (iv) 1,,;urnJm.;ting p1c~i.;Jca1am.a::: iu.spoctiou.s; (v) supervision of the treatment and consignment of any plant, plant product and other regulated article~ (vi) protecting endangered area,, and designating, maintaining and surveying pest free areas and areas of low pest prevalence; (vii} conducting pest risk analyses; (viii) providing informalion to other countnes concermng phytosanitary measures applied, either through pest risk analysis or by reference to applicable international stanchmis; (ix) notifying trading partners of relevant instances of non compliance with import requirements that may be prescribed; (x) ensuring the phytosanilary security of consignments after certification and before export; (xi) establishing auditing and trace-back procedures for any plant, plant product and other regulated article for phytosar1itAryccrti:fiontion; (xii) establishing minimum qualifications for-and overseeing training and development of inspectors and other Organisation staff; (xiii) distributing information regarding regu1ated pests and the mearu: ofthP.it'flt'P.VMitinn ttnd control; (xiv) proposing, reviewing, preparing and enforcing phytosanitary measures and other necessary 1egislation; 9 10 Appoint· mmtof inspectors. Dutic~ of an ir1spec ,o, PLANT PROTECTION ACT, 2007 - 53 (xv) notifying phytosanitary mcasuros to other countries in acconiance with international obligations; and (xvi) providing infonnation regarding import and export regulations in force. and technical requirements tor any plant, plant product and other regulated article, on the request of any interested international. regional or other national plant prote-r,tion OIW'nii;ation; (b) the enforcement of this Act, as well as of any other legislation relating to plant protection as the Minister may direct; (c) the representation of this Act, as well as of any other legislation relating to plantproteetion as the Minister may dire,,1; (d) the developmeotof pest diagnostic, investigative aod analytical capabilities as well as the establishment oflaboratories, plant quarantine stations and otherphytosanitary fucilities; (e) the estab1ishment of procedures for accreditation of any plant quarantine station, official analys~ official laboratm:y or any other person or institution from the public or private sector involved in phytosanitarymatters; and (I) any other function that the Minister considers necessary fur the purposes of this Act. 6. The Minister may on the advice of the ChiefAgricultnral Officer by instrument in writing designare officers of the Organisation to be inspectors fur the puq,u;st,;s ufthi:; Act. 7. (I) Thedutiesofaninspectorshallinclude: ( a) inspecting aoyplan~ plant product or other regulated article under cultivation, in storage or in transit, in order to report the existence, outbreak and spread of quarantine pests and regulated non~ quarantine.d pests: PLANT PROTECTION ACT, 2007 -53 (b) inspecting the consignment of any plant, plant product or other regulated article destined for import into or export from Batbados to determine whether it is affected, and where necessary verifying the pest status of consignments by the taking of samples or othernrise; (c) ensuring the treatment of the consignment of any plant, plant productorotherregulatedarticledestinedfurimportintoorexport trom Harbados as well as tts cont.am er, packagmg, storage place and -.sport facility; (d) ensuring that no threat to plant resources in Barbados is caused by waste disposed from (i) an aircraft, ship, pleasure craft or any vessel or by any othcrmcanswriving in Bnrbndos;and (ii) premises where the processing of any plant, plant product or other regulated article occurs; (e) inspecting and certifying exports of any plant, plant product and other regulated article from Barbados; (j) issuingphytosanitary certificates on behalf of the Organisation; (g) carrying out detection activities and maintaining up~to~date information on the pe1;.t status of Barbados; (h) conducting surveillance and monitoring exercises in any land, premises or area as required under this Act; (i) instituting inquiries and requesting information or documentation on reasonable suspicion that the provisions of this Act are being violated; and (j) attending to such other matter as the Organisation may from time to time direct 11 12 Designation ofiabOr3• tory and analyst. Establish ment of Advisory Council. PLANT PROTECTION ACT, 2007 - 53 (2) An inspectormaycany out an inspection under subsection (1 )(b) on territory of an exporting country as a pre-clearance inspection, in accordance with the phytosanitary measures as estabJished between the parties as outlined in the import pennit with respect to specific commodites. (3) In carryingoutanydutyundersubsection(l)or(2), an inspector shall, identify himself as an inspector by showing his identification card or other proof ofhis appointment or designation as an inspe.ctor. 8. The Organisation shall designate: (a) a laboratory to be an official lnbomtory; und (b) an analyst to be an official analyst; for the purposes of this Act. 9. (1) The Minister shall appoint an Advisory Council for the purposes of exercising and performing the functions under sections S and 12. (2) The Council shall consist of eleven members selected as follows: (a) three staff members of the Ministry, including the head of the Organisationj and {b) one nominee from each of the following: (i) the Ministry responsible for the environment; (ii) the Ministry responsible for trade; (iii) the Ministry responsible for legalaffilirs; (iv) theCustomsDepartment; (v) the Royal Barbados Police Force; PLANT PROTECTION ACT, 2007 - 53 (vi) the Univeuiity oftl1c: Wusl Indk:s; or lhe lJnjversity College of Barbados; (vii) the Bamados Chamber of Commerce; (viii) a farmers' organisation. (3) The membem of the Council shnll (a) be remunerated as the Minister may determine from time to time;and (b) serve for a period not exceeding 3 years and be eligible for reappointment (4) Seven members of the Council shall constitute a quorum. (S) The Council shall meet at least three times each year. (6) The Council shall elect a Chainnan at its first meeting, which shall take place within 3 months from the date of commencement of this Act. (7) Except as providedinsubaections (l)to(5) and sections 12 and 13, the Council shall regulate its own procedure. 10. (l) The Chairman or a member of the Council, may at any time resign his office by instrumeot in writing addressed to the Minister and from the date of receipt of the instrument that person shall cease to be a member of the Council. (2) TheMinistermaytenninatetheappointmeotoftheChairmanor anyothermemberoftheCouncil. 13 Resignation or removal of members of Council. 14 Role of Council. S"b <:>Qmmitt-,.,,~ of council. PLANT PROTECTION ACT, 2007-53 11. TI1t:Coum;il :shall ai:l iu aua<lvisury(.;aP<fdly to tht.1 Minislcr and the Organisation on issues of plant protection and shall be responsible for ( a) recommending changes to relevant legislation and recommending regulations, schedules, notices, orders to be made or amended underthisAct; and (b) assisting in the determination of criteria for the declaration of a phytosanitary emergency under sections 19(c) and 29. 12, The Council may appoint such sub-committees as it considers ut:i.:ctstsaJ:y, lo prnvillc tu.lvivt: am.I tcd111i1.,al supporl lv Utt: Courn:il. Phytosaniwry 13. (1) There is established a Phytosanitary Emergency Fund Emergency which shall be administered by the Ministiyand into which funds, donations, f11nd, grants, awards and endowments given to the Council shall be paid to facilitate the work of the Organlsation. (2) All monies collected or rf!ceived in accnrrlancf! with subsection ( 1) shall be paid into the general accountof the Fund in a bank: approved by the Minister of Finance and administered in accordance with the Financial Rules. (3) The resources of the Fund shall be made available to the Organisation on decJaration of a phytosanitary emergency under sections 19(c) and 29 PART IIJ IMPORTS Restrictions 14. (1) A plant, plant product and other regulated article may be on import imported into Barbados only at a prescribed port of entry. (2) No person shall import a plant, plant product or other regulated article into Barbados except (a) by virtue of flll import permit granted under :section 15(1 ); PLANT PROTECTION ACT, 2007 - 53 {h) where the plant is accnmr,anied hy (i) an original phytosanitary certificate issued by the country of export that is dated not more than 30 days before the entry of the plant, plant product or other regulated artic1e into Barbados; and (ii) any other documentation that may be prescribed; or (c) where alJ the prescribed requirements under section 15(2) are satisfied. 15. (I) Whereanimportpermitisrequiredundersoction 14(2)(a), Imp," an importer shalJ apply to the Organisation in the prescribed manner and permit. may be granted a pennit on payment of the prescribed fee. (2) In evaluating an application for an importpennit the Organisation shall apply existing international standards or conduct pest risk analysis, to determlne the npplfonble phytosunitary requirements, 15 16. (1) A person who has imported a plant, plant product or any h1spect1on other regulated article into Barbados, shall present it for inspection by an ?n 1mporta inspCCtOr at the prescribed port of entry, tion. (2) Notwithstanding subsection (I), a plant plant product or any other regulated article transported therein, may be inspected byan inspectQr at its final destination: (a) on the application by an importer, and (b) if the container has been sealed and marked as prescribed. (3) An inspection carried out under subsection (1) or(2) is subject to the payment of the prescribed fee. 16 Detention or dtfftru:C· tion of impons, PLANI' PROTECl'lON ACT, 2007 - 53 (A) An iospection referred to in subsection (1) or(l) shall be carried out during regular busiuess hours, except where the pJant, pJant product or other regulated article is in transit or extremely perishable or where its entry has otherwise been delayed, in which case, on application by the importer and on payment oHhe prescnbed tee, the Organisation may agree to an inspection being carried out at any other time. 17. (1) If. on an inspection that is carried out in accnrrlance with section I 6, the inspecmr detennines that the imported plant plant product or other regulated article (u) is not avvumpanic:ll by U1c: relevant documentation required by section 14(2), or (b) presents any risk for the introduction or spread of pests. the inspector shall detain the item and immediately serve written notice on the importer that part or all of the imported plant, plant product or other regulated urticle may be 3ubjcct, within the time period specified in the: notice, to (i) detention until the receipt of relevant documentation is presented within a reasonable time; (U) appropriate treatment in order to remove the risk; (iii) re-exportation; (iv) confiscation; or ( v) destruction. (2) The inspector rnay forgo notice and cany out any nfthe ~ction~ listed under subsection (I) where in his opinion destruction of the imported plant, plant product or other regulated article Is urgently required or the giving of notice is impracticable. PLANT PROTECTION ACT, 2007 -53 (3) Where. after its entry into Barbados or after treatment, any imported plant, plant product orotherregulated article remains unclaimed fora period of time, as may be prescribed, the Organisation may take action to destroy the imported plant, plant product or other regulated article. (4) Thecostsandresponsibilityforany action taken under subsection (1), (2) or(3) shall be borne by the importer, except where in exceptional cases the Organisation detennines that the Crown should take responsibility for the associated costs, (5) The Crown may assume financial responsibility under m.ibseotion ( 4) withoutprejudio• to its right to reoover QOifflJ from the importer as a debt (6) Where any action is taken under subsection (I), (2) or(3), the mettiod used to calculate costs charged shall be in accontance with the prescribed procedure. (7) The Crown shall not be liable for the confiscation, destruction or disposal of any plant, plant product or other regulated article carried out in accordance with this section. 18. Where on on inspection thot is corried out under .section 16 the inspector determines that the imporred plant, plant product or other regulated article does nolJ'l'."'"filtanyrisk fur the importation and spread.of pests, the inspector shall release the consignment to the importer. 19. The Minister may, on the advice of the Council and in order to protect plant resou,ce, human and animal health or the environmen~ 17 JwliiM,:C pf imports, Minister m,y restrict c;~rl•in (a) permit the entry into Barbados of any plant, plant product or iniports. regulated article for scientific or experimental purposes, subject to such tenns and conditions that the Minister, considers appropriate; (b) prohibit orrestrict the entry ofanyplant, plant product or other regulated article; 18 Plant quarantine stations. Duty to report and detain certain imports, PLANT PROTECTION ACT, 2007 -53 (c) declare a phytosanitarv emergency; or (d) take any other necessary action to prevent the introduction or spread of a quarantine pest and regulated non·quantntine pest. 20. The Organisation may (a) deslgnate cerlain places as plant quarantine stations where a plant, plant product or other regulated article may be kept for phytosani1my observation, research, inspection, testing, treatment, detention or destruction; (b) require that imported, material be kept or cultivated at a plant quarantine station, or at any other location identified by the Organisation, and kept under the Organisation's supetvision for such time as the Organisation considers necessary. 21. (1) A Postal Officer, Customs Officer, Police Officer or a member of the Defence ForC-P. who hai:: knowledge of the arrival or importation of any plant, plant product or other regulated article into Barbados shall, in the absence of an inspector, (a) detain the plant, plant product or other regulated anick fur inspection by an inspector; (h) as soon as practicable. notifv the arrival or importation to the Organisation, (2) A detention carried out under subsection (I) shall be deemed to Ut: au 111.,liuu laken lJy m on dclogation from the Organiaation. (3) The Organisation shall take custody of any item detained under subsection (1) within 3 days ofits detention. PLANT PROTECTION ACT, 2007 - 53 t'ART lV EXPORTS 22. A person shall not export a plant, plant product or other regulated article from Barbados unless that person (a) applies ro the Organisation in the presctibed manner; (b) provides to the Organisation all documentations that are nrescriM (c) makes the consignment available for inspection under section23; (d} pays the prescribed fees has been granted a phytosanitary certificate, 23. The Organisation shaU, on application by an exporter under section 22, cause an inspection of the consignment to be carried out and (a) issue a phytosanitary certificate, in a form as may prescribed, where the oonsignment (i) meets the documentary and other requirements for import of the country to which the consignment is to be exported; and (ii) satisfies any other requirement fur export specified by the Organisation or under any applicable law in Barbados; or (b) deny the lssue of a phytosanitary certificate where the requirement specified in paragraph (a) has not been met. Restric 6011 on exports. 19 Jnspcclion of exports, 20 Duty of occupier to notify orgaT11sa tion. Declaration nf quaran tine. PLANT PROTECTION ACT, 2007 - 53 PAK! V CONTAINMENT AND ERADICATION OF PESTS 24. An occupier or owner of any premises, who has kruv,vlc;:lge of or reasonably suspects the presence of a quarantine pest thereon, shall immediately notify the Organisation. 25. (1) The Minister may, on the advice of the Council, (a) declare any premises or area that is affected or is suspected of being affected with any quarantine pest to be under quarantine; (b) prescribe measures for the treatment or disposal of a plant, plunt product or other regulated article, and the treatment of a conveyance whether or not it has been found to be affected, in order to limit the spread of any quarantine pest; (c) prescribe the period of quarantine. (2) For the purpose of subsection (1 ), 11quarantine11 includes ( a) the prohibition of the movement of a person, conveyance, plant, plant product or other regulated article from or to a specified location; (b) theprohibitionoftheplantingorreplantingofaspedfied location; or (c) the taking of any other measure that the Minister. acting on the advice of the Council, considers necessary under the circumstances. PLANT PROTECTION ACT, 2007 - 53 26. (1) When the Organisation believes that a quarantine pest is present on any premises, the Organisation may, subject to section 32(2) (a) authorise an inspector to: (i) enter the premises at any reasonable time, (ii) inspect any plant. plant product or other regulated article vu tl1e vn::::mbcm, auJ (iii) take a sample as he may consider necessary; and (b) require, by notice in writing, dteowneroroccupierofdtepremises, and where the Organisation deems it appropriate, the own et or occupier of any premises in the vicinity, to take within a specified period such measures on his premises that the Orgnnisation considers appropriate to eradicate, contain or restrict the spread of the pest. (2) lf any owner or occupier or premises tails to comply with any tenn ofa notice issued under subsection (l )(b), dte Organisation may direct an inspector or other authorised person to enter the premises in question in order to carry out the rt>,quirements nf the notice and where nec.es~ry, destroylhe plant, plant product or odterregulated article in order to eradicate, contain or restrict the spread of the pest. (3) The owner shall be liable to pay the costs for any action taken under subsection (2), except where in exceptional cases the Organisation determines that the Crown should take responsibility for the associated costs. (4) The Crown may assume financial responsibility under sub section (3) without prejudice to its right to recover costs from the owner as a ~ivil debt. (5) Where the Organisation takes any action under subsection (2), the method used to calculate the costs shall be as may be prescribed. 21 whrn quarantine pest is on premises. 22 Service of quarantine notice in abs.e,1ce of occupier. Duration of quarantine notice. Dedaration ., phytosanitary emergency. Lifting of quarantine. PLANT PROTECTION ACT, 2007 - 53 (6) The Stu.te shall be liable for the destruotion or disposal of any plant, plant product or other regulated article carried out in accordance with this section. 27. Where a person is not in actual occupation of any premises, or if the occupier cannot be fowid, service of any notice under this Act may be made by affixing the same in a conspicuous place on the premises, and such affixing shall be deemed to be sufficient service ofnotice. 28. (!) Anynoticeissuedundersection 26(1,) or27 shall romainin force until an inspector gives any affected owner or occupier a certificate m wnting that the premises or area Js free from pest (2) A person shall not remove, or allow or cause to be removed any plant, plant product or other regulated article from the premises or area under quarantine while a notice issued under section 26 or 27 is in force. 29, The Minister may declare a phytosanitary emergency based on (a) an inspection carried out under this Act; or (b) an analysisofasample taken under section 26(])(a)(iii). 30. The Minister shall, on the advice of the Chief Agricultural Officer, serve written notice on all owners orocc.,-upiers of affected premises, lifting the quarantine where (a) the Minister determines that the relevant quarantine pest is no longer considered to be present; or (b) the Organisation determines lhat it is no longer appropriate for the quarantine to be maintained in respect of some or all of the affected prem.-ises. PLANT PROTECTION ACT, 2007 - 53 31. The Chief Agricultural Officer may. on the recommendation of the Organisation; (a) declare an area pest free where the the ChiefAgricultural Officer is :salit.fii:::ll Lllllt (i) a pest is not present in the area; (ii) phytosanitary measures have been implemented to keep the·area free of the pest; and (iii) 11 survcilloncc system hrui been inatitutcd to verify that the area reniains free of the pest; (b ) declare an area oflow pest prevalence where he is satisfied that (i) a pest is present at low levels in the area; (ii) phytosanitary measures have been implemented to keep the pest levels low; and (iit) a surveillance system has been instituted to verify that the pest levels remain low. PART VI ENFORCEMUNT 32. (1) For the purpose of detecting a regulated pest or ensuring compliance with this Act, an inspector may (a) stop and without a warrant, search a person, container or conveyance, entering or moving within Barbados that the inspector bclicvc;s on reasonable grounds i$ harbouring such pest; (b) subject to subsections (2) and (3), at a reasonable time, enter and inspect any premises; 23 Declaration <.>I p,m free or low pest prcva1cucc area. Entry and se:1.11;:h by "' inspector. 24 Seimre and notice of Hi,em·e PLANT PROTEC'.I10N ACT, 2007 -53 (c) open any container, receptacle or other thing that the inspector believes on reasonable grounds contains anything in respect of which this Act applies; or (d) examme anything in respect ofwhtch thtsAct apphes and take a sample of it. (2) An inspector may not enter a dwelling except with the consent of the occupier or under the authority of a warrant issued by a Magistrate. (3) An inspector may, with a warrant issued by a Magistrate, enter and search any premises, where there is reasonable cause to believe that an offence against this Act has taken place or is taking place. ( 4) Where the seal on a sealed container containing a plant, plant product or other regulated article is to be brokenj an inspector shall be present. (5) Au irnspca(;tor may, in the pcr:funnancc of his duticl5 under thi~ section, be accompanied and assisted by a police officer. (6) In the course of an inspection carried out uoder subsections (I), (2) and (3), an inspector may, as he considers necessary, seize, destroy, de1llin, 1=I or olheiwise dispose of any plant, plant product or other regulated article, or order that any such action be taken, at the expense of the owner. 33, (1) In the course of an inspection carriedoutonderthisAct, if an inspector believes on reasonable grounds that a provision of this Act has been oris being contravened, or any plan~ presents a plant product orother regulated article risk of the introduction or spread of a pest, the inspector may seize the plant, plant product or other regulated article (a) by means of or in relation to which he believes on reasonable grounds that the contravention has been or is being committed; PLANT PROTECTION ACT, 2007 - 53 (b) that he believes on reasonable grounds will afford evidence in respect of the contravention of the provision of this Act. (2) An inspector who seizes and detains a plant, plant production or other rogulot:ed nrtiole under thiG Aot (a) shall immediately provide to the ownerofthe plan~ plant product or other regulated article a detention certificate in the prescribed form and shall, as soon as practicable, advise the owner that part or all of the plant, plant product or other regulated article may be subject within a specified time to any action specified in section 34; or (b) may forego advising the owner of the plant, plant product or other regulated article of the reason for the seizure if, in the opinion of the inspector, it is urgently required to destroy the plant, plant product or other regulated article or the given of the reason for the seizure is impractical. 34. Where an inspector seized and detained a plant plant product or other regulated arlicle under this Act, the inspector or any other person designated by the Organisation, may (a) store, treat, quarantine or dispose of the plant, plant product or other regulated article at the place where it was seized or move it to any other place for storage, treatment. quarantine or disposal; (b) require its owner to store, treat, dispose of, export or move itto any other place. 35. (I) An inspector may confiscate and dispose of (a) any plantj plant product or other regulated article that, after its entry into Barbados after treatment, remains unclaimed for a prescribed time; or 25 Storage or removal of aflbt:ted items. Confisca· lion and disposal of unclaimed Hem5 Offences. PLANT PROTECTION ACT, 2007 - 53 (b) anything that the inspector believes on reasonable grounds contains or harbours a quarantine pest or regulated non quarantine pest. (2) An inspector who confiscates a plant, plant product or other regulated article or a quarantine pest or regulated non quarantine pest ( a) shaJl, as soon as JS practicable, advise the owner of the reason tor rts confiscation; or (b) may forego advising the owner of the plant. plant product or nthr.r reen fated article or pest of the reason for the confiscation if the giving of reason for the confiscation is impractical. 36. A person is guilty of an offence who ( a) grows, sells, offers for sale, transports or distnbutes in any manner any plant, plant product or other regulated article knowing that it is affected by a quarantine pest; (b) assaults, resist, intimidates, threatens, abuses in any manner whatsoever, or obstructs an inspector exercising lawful powers um.k:1 llli:,A1,;l; (c) tampers with any sample taken pursuant to this Act; (d) fails to comply with any order or direction lawfully made or given under this Act; (e) imports any plant. plant product or other regulated article at a port of entry thal is not prescribed; (f) imports any plant, plant product orother regulated article contrary to any other rcl\uin:.:uu;;ul lhal i:s prc:;1,,;1ibcU, (g) intentionally permits, introduces or caused the introduclion or spread of a quarantine pest; PLANT PROTECTION ACT, 2007-53 (h) exports any plant, plant product or otherreguktted article except in accordance with Part N; (i) fails to safeguard the phytosanitary security of a consignment after the issuance of a phytosanitary certificate under section 23(a); Ci) fails to a.11ow a search or inspection of the taking ofany sample authorised tmder lhis Act; (k) breaks the seal on a sealed container containing a plant, plant product or other regulated article except in the presiencc of an inspector; {l) knowingly or recklessly provides information which is false, for the purpose ofobtaining any document under this Act; (m) alters, forges, defaces or destroys any document issued under this Act; (n) submits any Mitten material for publication referring to the occurrence of quarantine pest in Barbados without prior or simultaneous communication ofthe existence of the pest to the Organisation; or (a) othetwisc contravenes a provision ofthis Act. 37. An inspector, official analyst or other Organisation guilty of an offence ifhe staff is 1 ,~bility of officialfi (a) direct or indirectly asks for or takes any personal payment or other reward in connection with any official duties; (b) agrees to do, abstain from doing, permits, conceals or connives at any act or thing which is contrary to the proper execution of official duties under this Act, or otheflNise contrary to the laws of Rarhailn~; or Penally. Forfciwre. Limitation on liability. Comp~nH· tion, PLANT PROTECTION ACT, 2007 - 53 (c) dfacloaes uny infunnation acquired in the pcrfonnancc: ofhii> official duties relating to any person, firm or business, except when required by his supervisor in the course of official duties, or where ordered to do so by any court. 38. A person who is guilty of an offence under thisA(.1 is liable (t1) in the case of a fin,1: offence, on summary conviction, to a fine of $1 500, orto imprisonment fora tenn of one year, orto both; {b) in the case of a second or a subsequent offence, to a fine of $;-5 000, orto imprisonment for a term of2 years, or both, 39. Where a person is convicted of an offence under this Act the court may, in addition to any other penalty imposed. order that anything used in the perpetration of the offence, be forfeited to the Crown. 40. (I) The costs of any action taken by an inspector under section JJ tshall be borne: by tl1e uwuc1, t:Ai;t:pt wlt1;;n:: in 1;;xccplional cases the Organisation detennines that the Crown shall bear the costs. (2) Subject to section 41, the Crown is not liable for Joss resulting from the destruction or disposal of any plan~ plant product or other regulated article carried out under this Act. 41. (l) Tht,1 Minister may, on the rccommcndationofthc Council, out of money voted for that purpose by Parliament, order compensation to be paid in respect of: (a) the treatment required of affected premises; (b) the prohibition or restriction imposed under this Act on the use of premises. (2) Compensation is not payable to a person who is guilty of an offence under this Act and claims compensation in respect of any premises or things by means of ot in relation to which the offence was committed, PLANT PROTECTION ACT, 2007 -53 PART VII MISCEllANEOUS 42, (I) A dO\;Utnentrcquiu:xl lQ lx, fwui.slu:,d, lo the Miufatc1 01 tut ur,cumencs. inspector under this Act or any regulation or order made thereunder may be furnished in electronic form. (2) Where a document referred to in subsection (I) is furnished in electronic form, an original hard copy of the document must be furnished to the Minisler or an inspector within a reasonable period after the documents are furnished in electronic form. 43, (1) The Minister may, on the advice of the Council, make Regulations. Regulations to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of subsection (1 ), Regulatiuos made under subsection (I) may provide fur all or any of the fullowingmatten. (a) procedures to be followed by an inspector in the exercise of his duties under this Act; {b) conditions for the import of any plant, plant product or other regulated article; (c) the designation of the ports of entry in Barbados that are appropriate for the import aod export of any plan~ plant product and other regulated article; (d) the circumstances under which phytosanitary requirements fur import may be modified based on pest risk analysis; (e) procedure and guidelines forpre-clearance inspections: (j) the manner in which pennits and certificates shall be issued under this Act, and their fomt, content and language; JO PLANT PROTECIION ACT, 2007-53 (g) the procedure by which ,n importer may apply fur inspection to take place at any location other than the port of entry, and/or outside of regular business hours, and pay any applicable fees; (h) the manner m which containers shall be.sealed. marked and transported ifthey are to be inspected at their final destination rather 1han at lhe port of entry; (i) tlie way in which any plant, plant product and other regulated article shall be stored or transported in Barbados; (J) the proct.ltlurcs W lx.: w.lupt,.;,d fur the: IJ.<;;a.llrn:mtuCany Un1xu-wd plan~ plant product or other regulated article and the conveyance bringing it into Barbados; (k) the location, management and functioningof anyplant quarantine station established wider this Act; (l) the requirement*> for the control and core of nny plllllt, plant product and other regulated article kept or maintained at a plant quarantine station; (m) the manner in which an inspection shall be arranged for the destruction. removal, uprooting or treatment of any plant. plant product or other regulated article within an area or location declared as under quarantine; (n) lheperiod within and cooditions underwbichit shall not be lawful to plant or re-plant anything in all or part of 311 area declared as under quarantine; (o) the manner in which any sample being transported or in storage rtltL.<it he taken, marked and retained under this Act (p) the operating procedures of any official laboratory designated under lhis Act; PLANT PROTECITON ACT, 2007 - 53 31 (q) lhc: ptu'-ic:i.lutc Ly wbkh an at ea may UC declared pcist free ora.n area of1ow pest prevalence; (r) conditions for the export of any plant, plant product or other regulated article; (s} operating procedures fur the inspection of any plan~ plan product or otherregulo.ted article, :.md any physical structure or premises containing such a product or article, for purposes of export; (I} the offences subject to the fixed penalty procedure outlined in scction38; (u} criteria for the declaration of a phytosanitary emergency under sedions 1 Q(c)}lmi 29; (v} with the approval of the Ministry of Finance; determination or scale offees to be charged; (w} guidelines, policy dirtx:tives or protocols promoting cooperatiotl between relevant departments relating to plant protection; (x) any additional measures to be taken tbt the purpose of preventing the introduction or spread of a pest. 44. The Flt.wt ?e:,t aml Dijt,;UM! (Import Can/Iv/) Act is hereby Rl-1W<tl 11ml repealed. savingr., Cap. 266. 45, This Act binds the Crown. A~t to bm() Crown.