Plant Protection Law 1961

PLANT PROTECTION LAW (Revised on August 4, 1969, Law No. 2135) Republic of Korea 1 PLANT PROTECTION LAW (Promulgated on 30, December 1961 Law No. 908) Revised on March 29. 1966 Effective on April 29. 1966 Law No. 1772 Revised on August 4, 1969 Law No. 2135 Chapter I. General Provisions Article 1. (Purpose) The purpose of this law is to contribute to the security and promotion of agricultural production by qua ranting import, export and domestic plants, exterrn inating animals and plants harmful to plants and preventing the spread there-of. Article 2. .Detininon' Paragraph 1. "Plants" mentioned in this law shall refer to phanerogam, fern, moss, and their seeds, fruits and processed goods, excluding the harmful plants under Paragraph 3. Paragraph 2. "Harmful animals" mentioned in this law shall refer to arthropoda such as insects, mites etc., nematode, other invertebrata or vertebrata, which bring about damages upon plants. Paragraph 3. "Harmful plants" mentioned in this law shall refer to eumycetes, myxomycetes, bacter-ia, parasitic plants and virus, which directly or indirectly cause damages upon plants. Article 3. (Plant protection officials) Paragraph 1. Plant protection officials shall be installed in the Ministry of Agri culture and Forestry, and in the Special City of Seoul, Pusan City, and each Province, plant protection officials may be installed in order to have them engage In the affairs of the quarantine and control mentioned in this Law. Paragraph 2. Matters necessary for the plant protection officials shall be deter mined by President's decree. 3 Article 4. Authority ot plant protection officials) Paragraph 1. In case the plant protection official concerned deems that there are plants, containers or packings which are suspected of being infested with harmful anirrals or plants, may enter the land., storage places, warehouses, places of business, boats, vehicles, airplanes, etc., concerned, and inspect the plants. containers and packings concerned, and extract or collect the mi nimum necessary quantity of the plants, containers or packings concerned, free of charge. for the purpose of posing questions to the persons concerned or of inspecting the articles concerned. Paragraph 2. In case it is deemed that there are harmful animals or plants as a result of the inspection under the preceding paragraph, the plant protection officials concerned may order the necessary disinfection be executed by the persons woo 0\1,"" or manage the containers of the plants, packages, land., storage places. warehouses, places of business, boats. vehicles or airplanes concerned ior the purpose of exterminating or preventing the spread of the harmful animals or plants concerned. Article 5. Certificates In case the plant protection official concerned performs the duties in accor dance with this Law, he shall carry certificate indicating such authority with him show the said certificate to the persons concerned. Chapter IT. Quarantine of International Plants Artie.'> ~ Restrictions on import) Paragraph- 1. t\o plants and its containers or packings shall be imported unless a certificate of inspection ofIts copy is attached there to, which is issued by the government or the export country concerned and confirms that no harm ful animals or plants are contained with the articles concerned as a result of the inspection by the government concerned: Provided, however, that this rule shall not apply to the articles inspected in accordance with this law in case they are imported from a country which does not have a government agency for quarantine of plant and they are plants which ordinance of the Ministry of Agriculture and Forestry stipulates. Paragraph 2. :\c plants and the prohibited articles under Article 7, Paragraph 1, 4 shall be imported at places other than those ports or air-ports as specified by ordinance of the Ministry of Agriculture and Forestry, except for the case of import through postal channels. Paragraph 3. In case of import through postal channels, they shall be imported as 5th class ordinary mail matter or percel post matter. Paragraph 4. Persons. who have received plants or the prohibited articles under Article 7, Paragraph 1 through postal channels other than those of 5th class ordinary mail matter or parcel mail matter, shall, without delay, report it to the plant quarantine station concerned. Article 7. (Prohibition of import) Paragraph 1. The following articles (herein- after referred to as "the prohibited article") shall not be imported; provided. however, that this rule shall not apply in case permission is obtained from the Ministry of Agriculture and Forestry for the purpose of supplying such articles for experiment and rese arch use; 1. Plants shipped from or via the areas as desingated by the Ministry of Agriculture and Forestry in accordance with ordinance of the Ministry of Agriculture and Forestry; 2. Harmful animals or plants ; 3. Soil or plants with which soil sticks; and 4. Containers or packings for the articles under the preceding items. Paragraph 2. In case of import the permission under the provision of the preced ing pargraph, a statement certifying that the said permission is obtained shall be attached. Article 8. (Inspection of imported plants) Paragraph 1. Persons who imported plants or the prohibited articles shall immedi ately report it to the plant quarantine station concerned and undergo the ins pection by the plant protection official concerned as to whether such articles violate the provision of Article 6, Paragraph 1., whether they are the prohi bited articles or not, or there are any harmful animals or plants; provided. however. that this rule shall not apply in case the inspection under Paragraph 3 has been undergone and they are imported through 5th class ordinary mail or parcel post. 5 Paragraph 2. The inspection shall be held at places as designated by the plant protection official concerned at the pons or air-pons specified by ordinance of the Ministry of Agriculture and Forestry. Paragraph 3. If it is deemed necessary, the plant protection official concerned may inspect the imported plants, containers or packages concerned by enter ing the boat or airplanes concerned before the customs clearances. Paragraph 4. The Post-offices handling the -customs clearance procedures shall immeditely, in case they receive ordinary mail or parcel post which contains or are suspected of containing plants and the prohibited articles, report the fact to the plant quarantine station concerned. Paragraph 5. In case the notification is made, the plant protection official con cerned shall inspect the said ordinary or parcel mail matters. In such case, if it is deemed necessary for the said inspection, the said mail matters may be opened in the presence of the post-official concerned. Paragraph 6. In case persons have received ordinary or parcel post containing plants which have not undergone the inspection under the preceding paragraph, they shall immediately report such fact to the plant quarantine station con cerned with the mail matters concerned attached, and undergo the inspection by the plant protection official concerned. Paragraph 7. In case it is difficult to determine whether there are any harmful animals or plants in seeds and seedlings specified by ordinance of the Ministry of Agriculture and Forestry, as a result of the inspection under Paragraph 1, 3, 5, or the preceding paragraph, the plant protection officials may order the ner of the plant concerned to perform isolation cultivation in accorda nee with order of the Ministry of Agriculture and Forestry, and may inspect them at the cultivation are concerned, or may himself perform the isolation cultivation of the seedlings concerned. Article 9. (Disinfection, destruction, and issuance ot certiticate I Paragraph 1, In case it is' deemed that there are harmful animals or plants as a result of the inspection under the preceding articles, the plant protection officials concerned may disinfect or des tory the plants, containers and pack ings concerned, or may order its owner or custodian to disinfect or destroy such articles in the presence of the plant protection officials. 6 Paragraph 2. The plant protection officials concerned may destroy plants, con tainers or packing imported in violation of Article 6, Paragraph 1 or 6 of the preceding article, or may order the owner concerned to destroy the said article in the presence of the plant protection officials. The same shall apply to plants related to the violation of the order of the isolation cultivation under Paragraph 7 of the preceding article. Paragraph 3. In case the prohibited articles are imported in violation of the provision of Article 7, the plant protection officials shall destroy them. Paragraph 4. In case it is deemed that as a result of the inspection under the preceding article the plants, containers or packings do not violate Article 6, Paragraph 1, nor falls under the list of prohibited articles, or there are no harmful articles, the plant protection officials concerned shall certify the fact that it has passed the inspection. Paragraph 5. In case a request is made to issue the certificate of inspection under the preceding paragraph, the plant protection officials concerned shall issue the said certificate. Article 10. (Inspection of export plant! Paragraph 1. Persons desiring to export' plants and containers or packings shall not export such articles unless they pass the said inspection. Paragraph 2. The inspection under the preceding paragraph shall be held at the plant quarantine station concerned, provided, however, that if it is deemed necessary, the plant protection officials may inspect at the site where the plant concerned is located. Paragraph- ;"..1., the plants requiring the inspection at the cultivation site and other :-lants specified by ordinance of the Ministry or Agriculture and Fore stry have not passed the inspection by the plant protection officials concerned at the cultivation site in adavance, the inspection specified in preceding par agraph shall not be done. Paragraph 4. If it is deemed necessary for complying with request by an import country, the plant protection officials concerned may hold re-inspection of the articles which have already undergone the inspection under Paragraph 1. Article 11. (Procedures) Ordinance of the Ministry of Agriculture and Forestry shall determine mat 7 ters concerning method of inspection, procedures lees. disposition standards i(l: lowing tne inspection of the plant quarantine stations, and other necessary rnzt u.r : Chapter III. Quarantine at Domestic Plant Article 12. ',Domestic ouarantine: The Minister of Agriculture and Forestry shall carry out quarantine in order to prevent the spread of newly or already introduced harmful animals or piant: and to secure good seedlings. Article 13. \ lnsoection 0, Designated seedling: Paragraph 1. Persons who produce (herein-after referred to as "the seedling producers plants thev are furnished for propagation use and designated b~' the Ministry of Agr-icultur-e and Forestry (herein-after r eie r red to as "tl;( . ~ " . cesignatec seecnngs • '. . r, ~. 1 , 1 • undergo tne mspecuon OJ tne cesignateu seeannc., ,. ... . , l ' pian: prorecnon OI!lCla.1S concernec at tne cum \'2.tIO;-, site dur-ing the cultivation there-of. Farag~:sh 2. If it is deemed that it is impossible lor the plant protection officials concerned to attain tne objective of preventing the spread of or exterminating harmful animals or piants with the inspection only under the preceding para graph. he may inspect tne designated seedlings before the cultivation or after picking them out. Paragraph 3. If it is deemed that there are no harmful animals or plants desig nated by the Minister of Agriculture and Forestry in the designated seedlings co.zx.med 'as a result of the inspection under Paragraph 1 or the preceding par-agraph, the plant protection officials concerned shall issue pass certificates 10 the seedling producers concerned. Paragraph 4. 1\0 designated seedling shall be transferred, sold, purchased, nor taken out tne competent district of the Special City of Seoul, Pusan City and provinces having the designated seedlings unless the pass certificates .under tne preceding paragr-aph or copies or extracts there-of, are attached to the designated seedlings concerned. Paragraph S. If it is deemed that there are harmful animals or plants as a res ult of the inspection unce r the provision of Paragraph 1 or 2. the plant o protection officials concerned shall stop tne inspection anc, take necessary measures ior exterrnina ting or prevennng tne spreac mere-of toward tne seedling producers concerned, Paragraph 6. After the seedling producers concerned have taken the necessary measures for extermination or prevention, they shall apply to the plant pro tection officials concerned lor re- inspection and undergo the siad re-inspection, Article 14. (Destruction The plant protection official s concerned may order persons, who possess the designated seedlings that are transfer-red, sold, purchased or taken out in viola tion of the provision of Paragraph 4 of the preceding article, to destroy the said seedlings or destory them by himself. Article 15. (Provisions appuer' mutatis mutandis: The provision of Article 11 shall appry Mutatis mutandis to the quarantine of me domestic plants. Article 15. Exclusion OT a:::>i1c211On The provision of Article 4 shall not apply to tne designated seedlings prcnu ced and inspected by the state, Special City of Seoul, Pusan City and Provinces concerned. Chapter TV. Prevention and Extermination Article : 7. (Prevention anc Extermination Paragra:r;::;. In case there is fear of bringing about grave influence upon useful plants and fear of obstructing export of useful plants because of the spread of harmful plants and animals which have newly or already infested areas of the Republic of Korea, and if it is deemed necessary for the extermination or prevention of the spread there-oi, the Minister of Agriculture and Fore stry shall carry out the prevention and extermination in accordance ....ith this chapter; provided, however, that this rule shall not apply in case prevention and extermination are carried OUt against harmful insects in the forest in accordance with other Laws. Paragraph 2. In case the Minister 0, Agriculture and Forestry carries out pre 9 vention and. extermination in accordance with the preceding paragraph, he shall publicly announce the ioliowing items two weeks in advance. 1. Areas and. date of prevention and extermination to be carried out. :. Kind or harmful animals 0:' plants ; 3. Contents of prevention and exterrnination ; and 4. Other necessary matters. Article 18. (Contents of prevention and extermination' Paragraph 1. If it is deemed necessary for carrying out the prevention and ex termination under Paragraph 1 of the preceding article, the Minister of Agriculture and Forestry may order the iollowing items; 1. Order of restricting or prohibiting the cultivation of the plants concerned toward persons who cultivate the plants which are infested with harmful animals or plants or are suspected of being infested; OJ Order of restricting or prohibiting the transfer or moving of plants, con tamers or packings wnicr. are iniested with harmful animals or plants or are suspected of being infected; 3. Order of disinfection, removal or destroying of the plants, containers or packings concerned toward persons who own or administer the plants, con tainers 'or packings concerned which are infested with harmful animals or plants or are suspected of being infested; and 4. Order of disinfection toward persons who own or administer farm tools, transportation instruments, articles or warehouses which are infected with harmful animals or plants or are suspected of being infested. Paragraj,,> 2. In case of Paragraph 1 of the preceding article, if the prevention and extermination are to be carried out urgently and there is no time to spare, the Minister of Agriculture and Forestry may instruct the plant pro tection officials concerned to taxe measures under Items 3 of the preceding paragraph, without making the announcement under the provision of Paragraph 2 of the preceding ar-ticle. Article 19. 'Cooperation order' Paragraph 1. If it is deemed necessary tor carrying out the prevention on and extermination under Article 17. Paragraph 1, the Minister of Agriculture and Forestrv may require local governments, farmer's groups (including groups 10 O~ at:":"lCUjti..::-=-. mer.. ror-estrv men, live-stock mer., nerein-aiier the sarne., anc pes: comro. ope rators to cooperate with tne affairs of the said prevention anc exte rrrunation, Arncts 20. Ccrnoensation tor Loss, Paragraph J The state may compensate for loss accorcmg to the pertinent cir curnstances tc per-sons who nave suffered loss due to the disposition under Ar ticie 18. Paragrapb C. Ferscns ciesir ing to receive the compensation in accordance with the preceding paragrapn shall apply to the Minister of Agriculture and Fo res try. Paragraph 3. In case the application under the preceding paragraph is filed, the Minister of Ap'lcuhure and Forestry shall without delay determine compensa tion amount and notify the applicant of the amount. 11; ca s-, "Qt'emec:. tnat tne re is lear 0: inflicting grave lOSS upon tne use ;u; prams QUf ine spread of harmful animals or plants whicn nave newly or aireadx inie s tC'd areas of tne Republic or Korea, the mayor of the Special City of Seoul, the mayor of Pusan city and provincial -governors concerned shall, without delay, report tne iact to the Minister of Agriculture and Forestry. Article 22. Forecasting for Loss; With reg-arc to harmful animals or plants whose spread is not local out nation-wide and rapid. and thus inflicting grave damages upon farm crops (herein after r-e ier r ec tc as "the designated harmful animals and plants" i , the Minister of Agr-iculture and F orestry shall make a survey of the propagation, weather con ditions, brTn'."tr. of iarrn crops, etc., and predict occurrence of damages on farm crops b: tne designated harrniul animals and plants. and furnish the information based upor toe survey ana prediction to the persons concerned. Article 23. Pian 0" orevenuon and extermination; Paragraph 1. I: it is deemed necessary through the materials obtained in accordance with the preceding article or other circumstance, the Minister of Agriculture ana ?or es t rv snali determine the outline of a plan for the basic program of tht creventior anc extermination to be carried out by the local governments, 11 iarrners or their o~gE.nizations agains r tne ciesignatec narmrut anirru.i plants (hereir!-aiter r efer r ed to as tne prevennor. anc extermination LI2.~' en:: instruct it to tne mayor of the Special City 0: Seoul, Pusen City, and Provincial governor concerned. the mayor c: Paragraph 2, In case the instruction under the preceding paragrapn IS reCE:IWC the mayor of the Special City of Seoul, the mayor 0; :=-usan City, and vincial governors shall establish prevention and extermination plan ror tn Special City of Seoul, Pusan City and provinces concerned respectively, oas€c upon the outline under the preceding paragraph. Paragraph 3. The prevention anc extermination plan under preceding paragrapr. shall determine areas and date of carrying OUt tne prevention and exterrnina tion, kind of the designated harmful animals and plants. contents of the pre venticn and extermination and other necessary matters. . ., (.n~;~:;ec.. ~lh~.' preV'2i 1 r-. ., . ~,-. , :::-pe21a~ '".... itv 01 ~eou~. tne mayor o: tior: anc, exte rrnina tion pian under ?aragr2..;JI: 2~ ne snal., wnnout oeray, r epcr : i: to the lviinis ter of Agr icultur e anc :roresrrv. Paragraph o, In case tne mayor of the Special City of Seoul. tne mayor OJ Pusan City and provincial governor concerned have established or changed prevention and extermination plan, he snail, without delay, announce tne matters publicly. Article 23-2. Pubiic prevention and extermination: Paragraph 1. In case i t is deemed that there is fear of inflicting grave loss upon the useful plants due to the spreao of the designated harmful animals and plants, the Minister of Agriculture and Forestry shall instruct the public prevention and extermination to the mayor of Special City of Seoul, the rna ycr of Pusan Ci tv or provincial governors concerned wi tnin the province under the preceding article. Articie 23,3. Payment Of Expenses Paragraph 1. in case tne pr-evention and extermination or public prevention and exterrnination have carrieci Out in accordance with Article 19 stated cooper-a non orne r or o receding a r tic ie s. tne state and local government shall bear tlk expence s theie-of. rioweve r. wnen it is deemed tna: ther-e is benefit due :: tf;c pr-evenncr. anc extermination, the governmen: may r eourre the benefi ciar: tc pay ~ par: 0: expenses concerned ir. accorcance with the Presicent' s cecree. Faral;rapr: 2. .IT: case tne government requires the ceneiiciary to pay expenses concerned under the provision of preceding paragraph, the beneficiary, when ne wants, IT'..£y pav tne expenses by cereais in accordance with President's Article 24. Chernicars and instruments) Paragraph 1. Tne to.iinister of Agriculture and Forestry may always keep chemi cals and instruments for car-rying out the prevention and extermination affairs or may nave the National Agricultural Cooperatives Federation to keep " . , cnerm cars. Paragraph ') 1-. case the state has the National Agricultural Cooperatives Fede to ke er chemicals in " . " accordance wi tn , , , ~, tne prececmg paragrapn, tne ~ara;ra;::r 2. Tr:'2 Minister of Agriculture anc r orestry may grant the chemicals unaer the preceding Paragraph 1. lend instruments for prevention and exter rnination, free of charge, to the local government, farmers or their organiza tion tnat carry au: the prevention and extermination based upon the preven tion and extermination plan, and subsidize a pan or the expenses for purcnase of chemicals and instruments necessary for the prevention and ex termination, Chapter V. Miscellaneous Ruies Article 25. . Obiections Paragraph 1. In case the following persons have objections against the disposition, they may file the said objections with the Minister of Agr-iculture and For estry within two weeKs from the date of the said dispositions : 1. Persons who received the order under Article 4, Paragraph 2 ; ?e:-sons whose articles have not passed the inspection under Article 10, 13 3. ?ersons wnose arncre s nave no: pa ssec tnt: r e-jnspecrion unner .~~1i~·J' Persons wno nave received tne oruer uncer Article 18. ana J. Persons wno nave r ecervec the decision of compensation amount unaer Arricle 2C. Paragraph 3. Paragraph 2. In case the Minister of Agricultur-e ano s: orestry shall make a decision within two weeks from the date of receiving the application under Paragraph 1, and notify the applicant of the contents of the ciecisior.. Article 26. (Reports: If it is deemed. necessary for tne prevermon and extermination, the Minister or Agriculture and?orestrv may receive necessary reports from local- government, iarrne r s or their organizations, except for these s tipuiated in this Law. A.rt;::ie 27. Delegation autnor i tv mennonec .r: tni s Lav, IC tIlE: rnavor 0:' Special Cirv of Seou., :~e rnavor or Pusan City, and provincial governors concerned in accordance with Presidem", decree. Chapter \~. Penal Provisions ,".rtlcle 28. Penalties Persons falling under one 01 the following items shall be punished with penal servitude for two years or less. or fines of 30.000 won or less: 1. Per-sons wno viola te the provisions of Ar ricie 6, Paragraph 1 or- ') :~.. rticle 7. Paragraph 1 or Article 13. Paragraph 4 ; Persons who have not' undergone the inspection under Article 8, Paragraph 1, or have under-gone the inspection through irauduleru means; and Persons who have violated the order under Article 18. Par-agraph 1. Article ?O.... '. Persons falJm& unae r one or tne following items shall oe punished with penal servitude tor one year or , ,. less. or nnes, o i 20.00l' won or less: Persons who have not unce r zone HIE' inspection unce r Arncle 8. Paragraph 1..; nave uncergone i: tnrougr: traucurent means ; r" violate ' ., 8. Paragraph 7:--erSO:1S wno creer r .. :'tlCl£: ; w. r-er sons wno nave violated the oraers under the provisions of Paragraph 1 through 3 of Article S. 0:- have refused. obstructed or evaded disposi tier: ; ~. r-ersons wno violate Ar-ticle 19, Paragraph 1, or have undergone the inspection under the same paragraph of the same article through frauIent means; and w' Persons who nave r e iused, obstructed or evaded the dispositions under Article 18, Paragraph 1. Article , Ditto) Persons falling una.er one of the following items shall be punished with fines or 5. 000 won or less; .J... Persons who have r e rusec, ODS::--U2tec or evacec the inspection under Persons WhO \10Ja.tE o!"Q.er~ uncer .Arricle -c , Paragraph ? .- , 3. Per-sons who violate Article 6, Paragraph 4 ; ~. Persons who have refused or evaded the re-jnspection under Article 10, Par-agraph 4 ; 0. Per-sons who vialate the order under Article 14, or have refused, obstr ucted or evaded the dispositions under the same article. Article .:5l. (Ditto' 11. case the representative of a juridical person, the agent or employee of a iuridical person or individual has committed acts under the preceding three articles concerning the business of the said juridical person or individual, the pertinent fines of the pertinent articles shall be imposed upon the said juridical person or individual, and the person who has actually committed such acts shall be punished witn tne pertinent penal servitude and fines of the pertinent articles. 1 ..i..:J ;..:,~,:~-iC ~-:; I""';. · ..... "I-:~I~i 1. Tnis Law sncJ~ be ef iecrive or: January 20, 1952. imported anc; Exported, of ..~Ugt2S: 23, 1933~ and. Keres Governor General order No. 1 Reg-ulation Of; '::'::terrrjnE.tloIi end Prevention of Harmful Insects, of January 4, 1913, snal] be r eoealed. v. The inspection car r iec OU: and per-missions grantee ID accordance witt; the pre'Y10US law a: rne time oi tne eniorcemem of this law shall be regarded tc have been car r iec out. or grantee in accordance with this law. 16