Plant Protection Regulations (S.I. 58 of 2009)

CHAPTER 35:02 - PLANT PROTECTION: SUBSIDIARY LEGISLATION INDEX TO SUBSIDIARY LEGISLATION Plant Protection Regulations PLANT PROTECTION REGULATIONS (section 29) (17th July, 2009) ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Duty to declare plants 3. Importation of certain plants prohibited 4. Application for an import permit or certificate 5. Power to attach conditions to a permit 6. Exemption 7. Issue of Phytosanitary Certificate 8. Issue of a Phytosanitary Certificate of Re-export 9. Obligations of an import permit holder Schedules S.I. 58, 2009. 1. Citation These Regulations may be cited as the Plant Protection Regulations. 2. Duty to declare plants (1) A person entering Botswana with a plant or plant product shall declare any such plant or plant product to a plant inspector. (2) A person who fails to declare a plant or plant product in terms of subregulation (1) commits an offence and is liable on conviction to a fine of P2 000. 3. Importation of certain plants prohibited Importation of plants listed in the First Schedule to these Regulations is prohibited. 4. Application for an import permit or certificate (1) A person shall not import any plant or plant product unless under an import permit issued under section 11 of the Act. (2) An application for an import permit shall be made two weeks in advance on the form prescribed in the Fifth Schedule to these Regulations. 5. Power to attach conditions to a permit (1) The Chief Plant Protection Officer shall have the powers to attach conditions to importation of plants or plants product listed in the Second and Third Schedule to these Regulations. (2) Conditions referred to in subregulation (1) shall be incorporated on the import permit issued under section 11 of the Act and shall form the basis for approval of the import permit. 6. Exemption Plant and plant products listed in the Fourth Schedule to these Regulations are exempt from the requirement of an import permit or certificate and shall only be subject to inspection on arrival into Botswana. 7. Issue of Phytosanitary Certificate (1) A person who intends to export a plant or plant product shall apply for a Phytosanitary Certificate to the Chief Plant Protection Officer. (2) Before issuance of the Phytosanitary Certificate to an applicant, the Chief Plant Protection Officer shall inspect the plant or plant product to be exported to ensure that the plant Copyright Government of Botswana or plant product meet the phytosanitary regulations of the importing country. (3) A Phytosanitary Certificate issued under these Regulations shall be proof that the plants or plant products covered by the certificte have been inspected according to appropriate procedures and are considered to be free from quarantine pests and practically free from other injurious pests. (4) The National Plant Protection Organisation shall charge a fee to be determined by the Chief Plant Protection Officer for performing its inspection services, payment shall be made before issuance of the certificate. (5) A Phytosanitary Certificate shall be issued only for plants or plant products grown or produced in Botswana. 8. Issue of a Phytosanitary Certificate of Re-export A Phytosanitary Certificate of Re-export may be issued for goods not originating from Botswana where such goods were originally accompanied by a Phytosanitary Certificate from the country of origin. 9. Obligations of an import permit holder (1) A person issued an import permit in terms of these Regulations shall (a) notifying the National Plant Protection Organisation about the change in advance; (b) not transfer the permit to another person or entity unless with written approval of the National Plant Protection Organisation; and (c) comply with the terms and conditions of the permit. (2) A person who fails to observe his or her obligations in terms of subregulation (1) commits an offence and is liable to a fine of P2 000. (3) The Chief Plant Protection Officer shall have the power to revoke the permit or certificate in the event a permit holder fails to observe his or her obligations in terms of the permit. Copyright Government of Botswana FIRST SCHEDULE PLANTS THE IMPORTATION OF WHICH IS PROHIBITED (reg 3) 1. Acacsia caltra (Common hookthorn) 2. Acacia karroo (Sweet thorn) 3. Acacia mearnsii (Black wattle) 4. Araujia sericifera (Moth catcher) 5. Azolla 6. Bauhinia (Yellow bell bauhinia) 7. Buddleja saligna (False olive) 8. Campuloclinium macrocephalum (Pom pom weed) 9. Cereus jamacaru (Queen of the night) 10. Cortaderia jubata (Pampas grass) 11. Eichhornia crassipes (water hyacinth) 12. Hyperricum perfolatum (St Johns wort) 13. Lantana camara (Spanish Flag) 14. Macfadyena unguis-cati (Cats Claw creeper) 15. Melia azedarach (Syringa) 16. Miscanthus sinensis (Zebra grass) 17. Opuntia stricta (Sour prickly pear) 18. Parthenium hysterophorus (Parthenium weed) 19. Prosopis spp. (Mesquite) 20. Ricinus communis (Castor oil plant) 21. Sesbania punicea (Red Sesbania) 22. Solanum mauritanum (Bugweed) 23. Streptosolen jamesonii (Marmalade bush) 24. Tecoma stans (Yellow bells) 25. Tecomaria capensis (Cape honeysuckle) 26. Thevetia peruviana (Yellow oleander) Copyright Government of Botswana SECOND SCHEDULE PLANTS THE IMPORTATION OF WHICH IS SUBJECT TO SPECIAL CONDITIONS (reg 5 (1)) Plants, seeds, fruits or any flowering heads of 1. Acacia 2. Allium (Onion, leek, chives, garlic etc) 3. Arachis (Groundnuts or peanuts) 4. Arctium (Burdock, burweed) 5. Beta 6. Brassica 7. Capsicum 8. Citrullus 9. Citrus 10. Cucumis 11. Cucurbitae 12. Cydonia 13. Dioscorea (Yams) 14. Eucalyptus 15. Forest Trees 16. Fragaria sp. (Strawberry) 17. Gosypium (Cotton) 18. Helianthus 19. Hibiscus 20. Ipomea 21. Lactuca sativa (Lettuce) 22. Lycorpersicon 23. Mangifera 24. Manihot (Cassava) 25. Medicago 26. Musa 27. Nicotiana 28. Olea spp. (Olives) 29. Opuntia 30. Ornamentals- various species 31. Passiflora 32. Pennisetum 33. Phaseolus 34. Piper nigrum 35. Pisum 36. Prunus spp. 37. Psidium guajava (Guava) 38. Rosa 39. Solanum spp. 40. Sorghum 41. Glycine max (Soyabean) 42. Thurberia or any other plant of Malvaceae family 43. Vigna 44. Vitis 45. Zea mays Copyright Government of Botswana THIRD SCHEDULE PLANT PRODUCTS FOR THE IMPORTATION OF WHICH A PERMIT IS REQUIRED (reg 5 (1)) 1. Lucerne hay 2. Cereal stover 3. Cereal (Sorghum, maize, wheat, rice) Bran 4. Firewood 5. Unprocessed coniferous wood Copyright Government of Botswana FOURTH SCHEDULE PLANTS AND PLANT PRODUCTS THE IMPORTATION OF WHICH DOES NOT REQUIRE A PERMIT (reg 6) (1) Agricultural products for immediate consumption as set out below: Products Quantity/person Bananas 20 kg Beetroot 10 kg Butternuts 10 kg Carrots 10 kg Green pepper 10 kg Maize 25 kg Maize products 25 kg Mangoes 10 kg Pulses 25 kg Pumpkin 10 kg Sorghum 25 kg Sorghum products 25 kg Sweet potatoes 10 kg Water melon 10 kg Wheat 25 kg Cabbage 30 kg Onions 15 kg Oranges 15 kg Potatoes 20 kg Tomatoes 10 kg (2) hermetically sealed seeds from accredited seed companies. (3) processed foods (4) wood packaging material treated in accordance to International Standard for Phytosanitary Measures (ISPM) No. 15. (5) Furniture (6) Baskets (7) Kiln dried timber (8) Treated timber in accordance ISO standards. Copyright Government of Botswana Copyright Government of Botswana FIFTH SCHEDULE APPLICATION FOR IMPORTATION OF PLANT, PLANT PRODUCTS OR REGULATED ARTICLE (reg 4(2)) Form 1 (TO BE COMPLETED IN BLOCK LETTERS) I, (name of importing person/ company) of (address of importer in importing country) hereby apply for a permit in terms Section 11 of the Plant Protection Act to import in consignment(s), within one year of the date of this permit, from (name of exporting person/company) of (address of exporter in exporting country) through (entry point border/ railway station/ airport/ seaport) to (final destination of the consignment) the following (scientific name and quantity of plant, plant product or regulated article to be imported) for (purpose for which plants are imported) Signature of Applicant: E-mail address: Telephone Number: Fax: Date: