Plant Protection and Quarantine (Citrus Pests) Order 2013 (S.R.O. No. 9 of 2013)

2013 PLANT PROTECTION S.R.O. 9 AND QUARANTINE COMMONWEALTH OF DOMINICA STATUTORY RULES AND ORDER NO. 9 OF 2013 ORDER MADE by the Minister under section 8 of the Plant Protection and Quarantine Act, Chapter 58:40. (Gazetted 25th April, 2013). 1. This Order may be cited as the – PLANT PROTECTION AND QUARANTINE (CITRUS PESTS) ORDER, 2013. 2. In this Order – “Act means the Plant Protection and Quarantine Act; “affected area” means any land or nursery on which a citrus pest is suspected or found; “asian citrus psyllid”means the diaphorina citri kuwayama vector of citrus greening disease (huanglongbing); “authorised officer” means an officer or person authorised in writing by the Chief Plant Protection Officer; “citrus pest” means a pest identified in section 3; “citrus greening disease” means the citrus greening disease (huanglongbing); Short title. Interpretation. Chap. 58:40. 2013 PLANT PROTECTION S.R.O. 9 AND QUARANTINE “officer” means a person employed with the Plant Protection and Quarantine Service; and “restricted article” means the articles specified in the schedule or determined to be restricted articles under section 4(2). 3. The asian citrus psyllid, citrus greening disease, citrus tristeza virus and citrus canker are declared notifiable plant pests. 4. (1) Subject to subsection (2) and for the purposes of this Order the items specified in the schedule are restricted articles. (2) An authorised officer may determine that any other article, product or means of conveyance is a restricted article if the authorised officer determines that the article, product or means of conveyance presents a risk of spreading a citrus pest. (3) Where an authorised officer makes a determination under subsection (2) he shall notify the person in possession of the article, product or means of conveyance that it is subject to the restrictions of this Order. 5. A person shall not remove or dispatch a restricted article from or move a restricted article into, any area of Dominica without written permission from the Plant Protection Service. 6. (1) The owner or occupier of an affected area shall, in addition to advising the Plant Protection and Quarantine Service under section 14 of the Act, notify the agricultural office for the region in which he operates. (2) A plant protection officer may, by request in writing, require further information from the owner or occupier of an area referred to in subsection (1). (3) Where a request is made in accordance with subsection Notifiable plant pest. Restricted article. Restriction on movement of restricted article. Owner or occupier responsibility. 2013 PLANT PROTECTION S.R.O. 9 AND QUARANTINE (2) the owner or occupier shall supply the information requested within the time specified in the request. 7. (1) A person shall not move a restricted article from an affected area to any place outside the affected area unless there has been issued in relation to the restricted article a certificate of inspection and a plant protection officer has given written permission to move the restricted article. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of one thousand dollars and one month imprisonment. 8. A person shall not operate a citrus nursery unless it is certified, registered and meets the nursery guidelines and conforms to the citrus regulations. 9. (1) A person shall not distribute a citrus murraya plant without written permission from the Plant Protection Service. (2) A person shall not plant a citrus murraya plant within one mile of a commercial citrus operation. 10. A person shall not sell any restricted article without the written permission of the Plant Protection and Quarantine Service 11. The owner or occupier of land within an affected area shall, at his own expense, take the measures recommended by an authorised officer or required to prevent the further spread of, to control or eradicate a citrus pest. 12. (1) Subject to subsection (2), an authorised officer may enter any land or nursery within the quarantined area to destroy, remove, uproot, dispose of, prune or treat restricted articles. (2) An authorised officer shall, before taking action under Restriction on movement of restricted article from affected area. Restriction on operation of citrus nursery. Restriction on distribution and planting. Restriction on selling. Owner or Occupier to assist. Authorised officer may enter land. 2013 PLANT PROTECTION S.R.O. 9 AND QUARANTINE subsection (1), give reasonable notice to the owner or occupier of the action intended under subsection (1). SCHEDULE Restricted Articles 1. Citrus plant 2. Citrus seedling 3. Citrus cutting 4. Citrus fruits 5. Citrus plant product 6. Citrus plant related article 7. Citrus plant related material 8. Citrus host plants (murraya) Made this 5th day of April, 2013. MATTHEW WALTER Minister for Agriculture DOMINICA Printed by the Government Printer at the Government Printery, Roseau (Price $0.80 cents )