Plant Protection (Coffee) Rules

8 CAP. 133-Supp. 60] Plant Protection G.Ns. 1928 No. 139 1937 No. 163 1942 No. 65 Short title Cortee in transit Tur PLANT PROTECTION (COFFEE) RULES I. These Rules may be cited as the Plant Protection (Coffee) Rules End shall apply to such parts of the Territory as the ge terftm' may order, and any such order may direct either that all of these Rules or only such of them as the order shall specify shall apply to the area mentioned. 2. Coffee plants, berries or beans may be introduced into the Territory for transit through the Territory subject to the following con ditions: NOIl'.-Subsidiary legislation as hears G.N. year prior to 1937 was made under the Plant Pest and Disease Ordinance (Chapter 77 of the 1928 Edition) but was saved by s, 10 of the Plant Protection Ordinance (Cap. 133). Pla/lt Protection [CAP. J33-Supp. 60 9 [Subsidiary] (I) The plants, berries or beans must be securely packed in cases, or in bags of substantial sacking, separately sealed to the satisfaction of an Inspector under the Ordinance, or of a Customs Officer. (2) Every case or bag containing such plants, berries or beans must be sealed and marked plainly to show the country of origin at the port or place of entry by an lnspector or a Customs Officer and no such case or bag shall thereafter be opened within the limits of the Territory. (3) If any such case or bag shall become so damaged in the course of transit through the Territory as to render it possible that any plants, berries or beans may escape therefrom, such case or bag and any plants, berries or beans therein or therefrom may. at the discretion of an Inspector, be destroyed. 3. When in the opinion of the Commissioner for Agriculture the Power to conditions alfecting coffee in any part of the Territory are such that specify the rem?val of coffee plants, berries or be.ans from that part is attended ~~~~j~~ry by the risk of the spread of any pest or disease to any other part of the as requiring Territory, he may, with the approval of the~, by notice in the ~~~di~ons Gazette, specify any such part of the Territory and thereupon the for re~oval removal of coffee plants, berries or beans from any part so specified of cotIee shall be subject to the following conditions: (I) The plants, berries or beans shall not be removed unless consigned for export from the Territory. (2) The plants, berries or beans must be securely packed in cases, or in bags of substantial sacking, and separately sealed to the satisfac tion of an Inspector. (3) Every case or bag containing such plants, berries or beans must be scaled and marked to the satisfaction of an Inspector at the place of origin in such a manner as to show plainly the place of origin, and no such case or bag shall thereafter be opened within the Territory. (4) If any such case or bag shall become so damaged in the course of transit as to render it possible that any plants, berries or beans may escape therefrom. such case or bag and any plant, berries or beans therein or therefrom may, at the discretion of an Inspector, be destroyed. 4. Whenever any coffee plant is found to be or is suspected of being Powers of infected with a disease or pest, or the condition of any coffee or other Inspector to I I I . I If I' " I cornba tplant or of any ane on w lIC 1 a co ee p ant IS growing IS sue 1 as may disease be conducive to any collce disease or pest, an Inspector may: (1) If the land on which the coffee or other plant is growing is occupied, required in writing the occupier of the land to adopt such remedial treatment or repressive measures with regard to the land or coffee plant or plants or other plants thereon as he max consider advisable to prevent the attack or spread of .any disease or pest, and such treatment or measures shall be con tinued until the disease or pest shall be deemed by the Inspector to have been exterminated or the menace removed; 10 CAP. 133-Supp. 60] [Subsidiary] Plant Protection Time for action ordered to be completed Notifiable pest or disease Duties of owners, ctc., observing pest or disease Stock or chemicals and a ppliances to be provided (2) Jf the land on which the coffee or other plant is growing is unoccupied, or is reasonably believed by the Inspecor to be un?ccupied, destroy any or ~II colfee or other plants thereon which he may think It advisable to destroy, subject to the following conditions: (a) if the Inspector is of a grade below that of a Senior Agricultural Officer, he shall first obtain the authority of a Senior Agricultural Ollicer: (b) he shall give not Jess that ten days' notice of his intention to destroy any such plants to the owner of the land or the owner's agent if known to him and resident either in the Territory or in Kenya Colony. 5, Whenever under thc powers conferred by the last preceding rule an Jnspector shall require an owner or occupier of land to take action with regard to such land or any coffee or other plant thereon, he shall specify such time as he may consider reasonable within which such action shall be completed: Provided that when he may consider it necessary., an Inspector may carry out the required remedial treatment or repressive measures, or order such treatment or measures to be carried out in his presence, and the costs of materials and labour shall be borne by the owner or occupier. 6. Whenever under the powers conferred upon him by the Ordinance, the Governor shall require that the occurrence of any specified pest or disease shall be reported, every such pest or disease shall be a notifiable pest or disease for the purpose of these Rules and every owner or occupier or person having the charge or management of land who knows of or suspects the existence of any notifiable pest or disease upon such land shall forthwith report the same to the nearest District OfJicer and Agricultural Officer and take all necessary measures to destroy and eradicate such pest or disease. 7. Notwithstand ing anything conta ined in the foregoing rule. every owner, occupier or person having the charge or management of land who shall observe any pest or disease other than a notifiable pest or disease attacking coffee plants upon such land to such an extent as to G1USe or threaten to ca usc serious destruction to them shall forthwith take all necessary measures to destroy and eradicate such pest or disease and shall forthwith give notice of the same to the nearest Inspector and shall at the same time transmit to him specimens of the pest or disease appearing. 8. Every owner or occupier or person having the charge or manage ment of land on which coffee plants are growing shall provide a stock of such chemicals and appliances as are necessary in the opinion of the Commissioner for Agriculture for the purpose of preventing or control ling attacks ?y or t}le spre~d of any pest or ?isease. and for giving effect to any instrucuons which may lawfully be Issued by an Inspector: Plant Protection [CAP. 133-Supp. 60 II [Subsidiary] Provided that the provision of such chemicals and appliances to the satisfaction of the Commissioner for Agriculture by an association of such owners, occupiers or persons having the charge or management of land, or in the case of natives by a person or association approved by the Commissioner for Agriculture, shalf be deemed sufficient for fulfilling the requirements of this rule. 9.-(1) If in the opinion of an Inspector any plant, whether a colfee planls, ctc., J t '1' I f I ki I ' infected withp an or not, or any SOt, or any arne e () w iatsoevcr 11K, IS or maYor liable to be infected with or liable to spread a pest or disease, he may forbid spread a th~ remo~a I of any such plant, soil or article" and. if any such plant, ~i.~~a~~: soli or article shall be removed contrary to the directions ofan Inspector how dealt he may disinfect or destroy the same or may order the same to be with disinfected or destroyed. (2) An Inspector shall immediately report to the Commissioner for Report Agriculture any action taken by him under this rule. 10. Any order, notice or direction which may be given in accordance Service of with these Rules shall be deemed to have been duly served if it is order, etc. delivered at or posted to the last known address of the person for whom it is intended. Orders made by the Governor applying the Plant Protection Rules, under rule I thereof (Coffee) (J.N:•. 192R No. 140 1929 No. 61 1930 No. 83 1958 No. 153 Parts of the Territory to which a pplicd TI,e whole The Tanga Province 1 The North Mara District J The Northern Province The Southern II ighlands Province TI,e Lake Province except the North I\I"ra District. The Bukoha. District Rules applied Rulc 2. All. Rule 3. Rule 4.