Prevention and Control of Pests and Diseases of Plants Act, 1965

Prohibition aaalnst dealing in diseased plants. Restriction on removal of pJa.lllt. THB TuRlm HUNDRBD AND SEVENTH ACT OF, THE PARLIAMENT OF THE REPUBLIC OF GHANA l!NTITLIID TllE PREVENTION AND CONTROL 011. l'ES'l:S AND DISEASES OF PLANTS ACT, 1965 AN ACT to consolidate with amendments the law relating to the prevention and treatment of pests and diseases of plants and plant quarantine. DATB 01' A531lNT; 2211d Octr;,l,t:r, l!JQS Bn IT llNACTED by the President and the National Assembly in this pi::esent Parlia.-~ent assembled as follows: PAl!.t I-Pru!vtlNnON AND T!IEATMENI OF .l'ESts AND DISEASES OI' PLANTs I. No person shall keep, sell or offer for sale or barter or in any way distribute or ca.we to be di:stributed auy plant infested 01- infected with such pest or disease as may be prescribed. 2. No person shall remove from any land any plant infested ·or infected with any pest or disease prescribed under section 1 of this Actexcept (a) for the investigation of such pest or disease by an inspect~r; (h) fM the ptlf1\Me of dei;.tt'oyi11g tu.ch. -pb.n.t.•, <l! 2 (c) for the: purpose of -preserving the prodnCP. nf !;!Deb pl11nt in a sound, clean and mature co~dition for subsequent manufacture for sale or for seed purposes. Act .31i/ 3. (I) Regulation, may prescribe the treatment to be applied to ""'""""' auy pla,1t infested or infected with pc6ts or di$t;a~ 01 the mca:sJ.Uc::; o.nd · . t4? be adopted for the extermination and prevention of pests and ~':s0~; diseases of p~nts. (2) Regulatious prescribing the treatment and prevention of pests IWd diseases of pltutw m<1y ',.(a) prohibit or re,trict the transport of any plant, soil or rooting medium to or from a &pecified area; (b) prescribe plants which may or may not be grown in any speci:tled area; (c) require.the owner or occupier within any specified area to apply or adopt any treatment or measures prescribed under this section. 4. The Minister may by an executiv-e instrument declare any area Po\l.'er ro infected with or in danger of infection with pests or diseases of mu:~ order plants as an infected area and may order all or any plants in such :!611::d. area to be rem:ov~J and prohibit the use of such area for any purpose connected with agnculture. 5. (I) -Regulations may designate persons to act as inspectors for Inspection the pnrposes of this Act, · of land, (2) Subject to the provisions of thfs section~ an inspector shall haV<> poviet to enter at any w,sonablc time any land, other than a dwelling house for the purpose or ascertaining whether there are on such land any pests or diseases of plants, or whether conditions or oircumetances exist which in bis opinion are conducive to or will contribute to the infection of plants with pests or diseases. . (3) Before entering any hind in exercise of powers conferred by this section. the inspector shall infofn'I the occupier, if present, of his intention. (4) No person shall obstruct a person ex.erclsini powers con~ fcrred bi this: section or fail to comply with any direction or require• ment ma.de by him in ~rcise of those powers. 6. Every inspector shall keep a register in which he shall et\ter tile Inspectot following items in rcspwt of any land inspected by him- to ~eop a (a) the identity and location of such land; """''"· (b) tb..e name of the occupier: (c) the pests and diseases found thereon; Act 307 Duties of occupier '"'" inspcctioll, Treatment by inspcctms. (d) the treatment or measures directed to he applied; (e) the date of inspection; and (f) such other particuhu:s as may be prescribed. 7. Wh""re an inspector, rrrter inspe~ting any land i.c:. satisfied that, (a) any plant thereon (i) shows signs of disease, or (ii) is, being attack~ by au.y \)e&t; or (b) conditions or circumstances exist on such land which in his: opinion are conducive to, or will contribute to the spreading of pests and diseases, he may serve on UU: occupll':r oft.he Janda uo\.lcc)n writing directing such occupier to apply, within such time as mayibe specifi~d in the notice. &UCh treatment or ~ures wi may be pre,$cdbed. 8. (I) All'J inspector may (a) where an occupier of any land bas failed to comply with any direction given under section 7 of this Act within the specified time; or (h) where any pest or di$E"ase is fo,md on any land per• mitted to go out or cultivation, apply such treatment or adopt such measures as he thinks necessary for the purpose of preventing, exterminating or restricting, as the case may be. any pest or disease. (2) Any expenses incurred by any inspector as a result of any treatment or measures undertaken in respect of any 1aa.d under subsection (1) of this section shall be paid by ·the occupier to such officer as n,.ay be prescribed within thirty days after notification by the inspector of the amount due and, if not so paid, the officer may sue for or authorise any person on his behalf to sue for and recover it. (3) In any action for the recovery of any amount due under subsecli.on (2) of this section a ccrtilkate under the hand of the inspector that such expenses have been incu,rred shall be prima facie evidence of the same. PART II-PLANT QuARANTINE Restriction 9. (1) No person shall import any plants. plant products, plant on importing disease or pest, soil, manure1 grass alld other parking materials or rlanu, any other material liable to harbour dangerous diseases or pests Qff'l!llnt., ,.,irr,.rt n~r1,.,r !'I f'l:"t'mit i111111Pr1 in a~r.nril'nnf""' with th,. rrnvi. i.ions of this section and regulations made thereunder, Act 301 (2) Regulations: may pres:cribe. the conditions for the grant of a permit for the importation of any of the items mentioned in sub section (1) of this section, and the places to which the items may be imported otherwise by post. . (3) R.cgulations prescribing: the conditions for the importation of the said items may provide for the examination of any of the said itelns imported into, Ghana, and may authorise the des.truction or treatment, as the case may require, if any of them is found to be infested or infected with pests or di.s~ses of plants. (4) Regulations made under this section may prohibit or restrict the importa.tion of any of the items mentioned in subsectioa (I) of this section. 10. For the purpo::11.; or euforWns the pn)vision:i' or 6CCtion 9 Powim of of this Act and any regulations made thereunder, regulations may inspectop, authorise any inspector appointed under section 5 of this Act- ;~:0,3;,1~~' (a) to examine any luggage: or container imported or which fa about to be imported into Gharui.; (b) enter any conveyance for the purpose of examining or inspecting any of the items mentioned in subsection (1) of section 9 of this Act which is about to be imported into Glu'l'na. 11, (I) Wi!hout prejudice to section 13 of this Act, any inspector Fmfol1me examining or inspecting any luggage or conveyance under section ?f probib!tr 10 of ~i& Act shall seize any of the items referred to in subsection ~Ti!°ta~ (1) or ~on 9 of lhiis A1,:~ which is being imported in oontravc:ntion of the said section 9 or any regulations made thereunder and such item shall be forfi:ited. (2) Regulations may provide for the disposal of any item rortcil.00 unde.- this section. 12. Regulations made under this Act in relation to importation Regulation~ of plants may be limited in its application to any of the items rei!'r!::' to referred to in section 9 of this Act coming from particular countries f:orttd specified in the regulations. r,om r~e1s cou11tries, PART Ill-MISCELLANEOUS l"- (lJ ADY person who comravi:m:~ :i llilc1,;tiu11, IC\{ul1cm,;;ul., rw,Mnm:;-,.. conditions or proWbition imposed by or under this Act shall be of offence. guilty of an offence under this Act, (2) A person guilty of an offence under this Act shall be liable on convlctiou ~u a fine uut cM,ceJi.LllS u,.u, L.uudr,;..d ,;:,;:dia or to a term of imprisonment not exceeding three months. d1npe1m1.• lion. ., ,,., mal<, regulations. Jnterpreta• tioo. 14. (1) kc:,gili4iwns may---· (a) provide in exceptional cases for the payment to occu~ piers of land pr to•·an importer, a pr<>portion ·of the cost of any treatment or measures prescribed; (h) provide for the p,wment of comp,nsation to. any occupier of land or \o an importer who has sustained pecuniary loss by reason of any measures taken under this Act. (2) Nothing in this section shall be deemed to entitle any person as of right to receive compensation in respect of measures taken under this Act. 1~~ The· Mlnl&\el' may by teg\sla.t\vt instrument ma.kc regula tions (a) providing for any matter which under this Act is to be provided for by regulations; (b) prescribing the fees an4 charges to be paid in respect of any act or thing dom~: under any regulation; and (c) generally for giving ruin effect to the provisions of this Act. 16. In this Act unless the context otherwise requires •~ container" means any boxt basket, pot, package~ case or other recept.acle or coveringj " conveyance " means automobiles, lorries, animal drawn vehicles, airoraf4 boats and othet means of transporta .. tion; " covering O means covering of a. plant or of a container; " disease '1 means any disease caused by fungus, bllCte~ rium, virus or other organism which may be injurious to agricultural or horticultural .crops and includes the abnormal conditions· of cocoa trees known as " drought die back •• and •· swollen shuot ·•; " inspector •• means a person designated as such b,Y' section 5 of this Act; " the Minister " means the Minister responsible for astrlcul• ture; " occupier of land " includi'es the owner, tenant Or any person in charge of the land; .. pest II meani:i (Uly organiotn of an animal or vegetable nature which attacks a plant or which may be Inju rious to agricultural or horticultural crops; 6 · y:.au~ auu },,,,;,, pn.>Uu~u, ·· m .... :,.,, •I~s, sr.., " 'd .. oes, cuttings, grafts, scions, suckers. buds, fruit pits, and other seeds, toots, tuber!), bulbw., tbizomca, shoots, leaves, flowers and fruits; and· products from these items whether in a natural dried or tnunufactured state; ''prescribed'' means prescribed by reg~tions made under section 15 of this Act. 17. (1) The following cuu.ctmcuts arc hereby repca]c;d;~ &11; lll"ll~ (a) Importation of Plnnts Regulation Ordinance ((:;1p 'i.-tN1ortt'• 159); (b) Plant Pests and Diseases Ordinance (Cap. 160), (2) Any statutory instrument made under any of the enact merits repealed by this Act and in force immediately b~fore the commencc::ment of this Act shall continue in force as if made under the provisions of this Act ..