Plants (Importation) Control (Amendment) Regulations, 2005 (No. 130 of 2005)

TIIE JAMAICA GAZETTE SUPPLEMENT PROCLAMATIONS, RULES AND REGULATIONS VoLCXXVIII No.130 FRIDAY, OCTOBER 14, 2005 THE PLANTS (QUARANTINE) ACT THE PLANTS (IMPORTATION) CONTROL (AMENDMENT) REGULATIONS, 2005 337 No.SO In exercise of the power conferred upon the Minister by section 38 (1) of the Plants (Quarantine) Act and of every other power hereunto enabling, the following Regulations are hereby made: 1. These Regulations may be cited as the Plants (I:rriportation) Control (Amendment) Regulations, 2005 and shall be read and construed as one with the Plants (Importation) Control Regulations, 1997 (hereinafter referred to as the principal Regulations). 2. Regulation 2 of the principal Regulations is amended by (a) deleting the definition of ."plant"; and 338 PROCLAMATIONS, RULES AND REGULATIONS [OCT.14,2005 (b) inserting therein the following definitions in the correct alphabetical sequence "inspection" means an official visual examination of plants, plant products ·ctr other regulated articles to determine if pests are present and determine compliance with phytosanitary regulations; "regulated articles" means any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to. reqµire phytosanitary measures particularly where international .transportation is involved;". 3. The principal Regulations are:amended by (a) renumbering regulations 3. to 13 as regulations 11 to 21; and (b) inserting the following as regulations 3 to 1 0 Part III. First Schedule. Part II. PART I Plants; Plants for Planting, etc. 3 . In this, P;lll;t---: "pest risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine whetj:ier a pest should be .re~latyq and th e ;strength of the phytosanitary measures to be taken against it carried out in · accordance with the International Plant Protection Convention, 1951 (IPPC) as amended from time to time and in force in Jamaica; "plants for planting" means plants intended to remain planted, to be planted or replanted; ''plant products" means unmanufactured material of plant origin and those manufactured products that, by their nature or that of their processing, may create a risk for the introduction arid spread of pests 4.-(1) No plant, plant products or plants for planting shall be .imported into the Island except in accordance with the provisions· of these Regulations. (2) The importation of plants, plant products or plants for planting or soil specified in Part m· of the First Schedule is 'hereby prohlbited. 5.-{1) Subject to regulation (2), nci plant, plant products or plants for planting ( othei; than those specified in Part II of the First Schedule) OCT.14,2005] ' ' PROCLAMATIONS, RULES AND REGUIATIONS 339 shall be. imported into the Island except in accordance with the terms of an iniport permit granted by the Chief Plant Quarantine Officer. (2) The import permit for the importation of items listed in Part Part I. I of the First Schedule shall be either a single use permit or a multiple · use permit. · 6.-:--(1) Ever~rplant, plant product or plant for planting entering the Island sliall be subject to inspection by a Plant Quarantine Inspector whomay (a) refuse entry of any such plant; plant product, or plant for planting if @ it contains pests; (ii) any, .condition of fue import permit has not been complied· with; or (b) allow entry for any such plant, plant products or plants for planting unconditionally or subject to such conditions as may be deemed necessary. (2) Every plant, plant product or plants for planting imported into the Island shall be accompanied by a valid phytosanitary certificate issued by the competent authority of the exporting country which, together with the import permit, shall be presented to· the Plant Quarantine Inspector at the time of irtspection. 7;-(1) ·subject to the provisions ofregulation 5, if so required by the . Chief Plant Quarantine Officer, every plant, plant products or . plants for planting, upon entry into the Island, shall be ( a) :removed by such nieans, in such manner and subject to such conditions as the.Chief;P1ant Quarantine Officer may direct to a post;~.entry ·.quarantine facility approved by the ·Chief Plant.Quarantine" OfficerfoF the purpose of quarantine; and (j)) be. kept in quarantine for such period as the Chief Plant Quarantine Officer may \iirect. (2) The.release from quarantine of any plant, platit product or plant for planting shall be subject to and dependent upon the result of reinspection and of any, diagnostic examination and any tests which the Chief Plant Quarantine Officer may deem necessary to carry out for the detection and identification of pest~. (3) Not withst~nding the expiry of the period of quarantine ,dir~cted by the .Cllief P,lant. Qtiar~tin~ Offi,qer under paragraph (1 ), no plant, plant product or plant for planting shall be removed from any 340 Second Schedule. Third Schedule. . / . PROCLAMATIONS, RULES AND REGULATIONS [OCT.14,2005 qui:!-fantine depot without the prior written permission of the Chief Plant Quarantine Officer and such permission may be either unconditional or subject to such conditions as may be specified. 8.-{1) The expenses incidental to the keeping in quarantine of a plant, plant product or plant for planting shall be borne by the :importer. (2) Every plant, plant product or plant for planting shall be kept in quarantine at the risk of the importer. (3) Any plant, plant product or plant for planting, which, while in quarantine, develops or, in the opinion of the Chief Plant Quarantine Officer, shows symptoms of any pest, may be destroyed without payment of compensation. 9.-(1) Every person who desires to import plants, plant products or plants for planting shall apply in writing to the Chief Plant Quarantine Officer for an import permit. (2) An application under paragraph (1) shall specify (a) the name, address and telephone number of the importer; (b) . the name (scientific and common) and quantity of each item to be imported; ( c) the country from which the item is to be imported; ( d) the type of permit required; and (e) the port of entry of the items· to be imported. (3) Ea~h application for an import pennit shall be accompanied by the appropriat~ fee specified in the Second Schedule. (4) The Chief Plant Quarantine Officer shall, in determining whether to grant an import permit, conduct a pest risk analysis to determine the specific conditions under which the item may be imported and shall not grant a pennit for items that are deemed high risk based on the outcome of the pest risk analysis. (5) An import permit issued under these Regulations shall be in the form prescribed in the Third Schedule and shall, subject to paragraph ( 6), be valid for a period of four months from the date of issue thereof. (6) The Chief Plant Quarantine Officer may revoke any permit at any time if there is a chance in the pest status in the exporting country. (7) No person shall be issued an import permit if the plants, plant products or plants for planting to be imported originate in a OCT. 14, 2005] PROCLAMATIONS, RULES AND REGULATIONS 341 country where there are pests which, if introduced into the Island, could .adversely affect agriculture. PART II Genetically Modified Plants 10. In this Part "genetically modified plant" means a plant that has been genetically modified and imported into Jamaica for th~ purpose of experimentation under controlled conditions.". 4. The principal Regulations are amended (a) by deleting from regu],ation 14 as renumbered, the words "regulation 5" and substituting therefor the words ''regulation 13"; (b) by deleting from regulation 20 as renumbered, the words "regulation 6" and substituting therefor the words ''regulation 13"; (c) by inserting next after regulation 21 the following regulation and Schedule "22.-{1) A person wh9 imports any plant, plant product or plant for planting into the Island without a valid phytosanitary certificate shall be guilty of an offence and shall on conviction be liable before a Resident Magistrate to a fine of ten thousand dollars. (2) A person who imports any item prohibited under regulation 4 (2) commits an offence and shall be liable on conviction before a Resident Magistrate to a fine not exceeding one hundred thousand dollars. (3) A person who imports items without an import permit required under regulation 5 commits an offence and shall be liable on.conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars. FIRST SCHEDULE PART I Items that require Import Pennit (Regulation 5) 1. A. Fresh fruits and vegetables Citrus fruits, plants and budwood. B. Banana-fruits, suckers, plants or plant parts. C. Coconut/palm family-seeds D. Coffee--:-berries and plants. E Anthurium plants-tissue cultured. 342 I PROCIAMATIONS, RULES AND REGULATIONS [OCT. 14, 2005 2. Other plan~s and plant for planting and plant parts. All plants and plants for planting must be bare-rooted, in-rooted cuttings, tissue cultured or seedlings in liners or small trays (maximum two inches wide and two inches deep). Bare-rooted plants and plants budded as grafted must be no more than twenty inches in height from root up to 'top of plant · Plants and plants budded or grafted must not be more than twenty-four inches in height. · Flowers, foliage, ornamental branches and bulbs. PART II Items that do noi requ ire i mport pennit Frozen fruits and vegetables. Shredded vegetables. Canned frµits and vegetables. Dried fruits and vegetables Processed or otherwise manufactured plant products that by their nature or that of their processing do not create a risk for. the introduction ancl spread of pests. PART III· Items whose importation ·ts prohibited A.-Soil B.- Plants in growing medium (soil or non-soil) C. --, Plants and plant products or plants for planting from countries or areas within . countries where the following pests ( or any other pe1!ts that may be deemed to be of high risk based on a pest- risk analysis) are known to exist. Mediterranean Fruit Fly Guava Fruit Fly Sapodilla Fruit Fly Mexican Fruit Fly South American Fruit Fly Oriental Fruit Fly Carambola Fruit Fly Mango Fruit Fly Papaya Fruit Fly Pink ·Hibiscus Mealybug Papaya Mealybug Insects Ceratitis capitata Anastrepha striata Anastrepha serpentina Anastrepha ludens Anastrepha fraterculus Bactrocera dorsalis Bactrocera carambolae Ceratitis cosyra Toxotrypana curvicauda Maconellicoccus hirsutus Paracoccus marginatus OCT.14,2005] PROCLAMATIONS, ·RULES AND REGULATIONS 343 Mango Seed Weevil Avocado S~ed. Weevil Avocado Seed Moth Codling Moth Tbrips Palmii Asian Long Horn Beetle Pickle Worm Pineapple Mealybug Leaf Cutting Ant Stem Borer (hot pepper) Sweet Potato Moth Borer Banana Fruit Scarring Beetle Banana Scab Moth . Banana Silvering Thrips Banana Stalk Borer Banana Flower Tbrips Asian Citrus Psyllid South African Citrus Psyllid Palm Weevil Black Palm. Weevil Sternochetus mangiferae Heilipus laurir Stenoma catenifer Cydia pomonella Thrips palmii Anoplophora glabripennis Diaphania nitadalis Dysmicoccus brevipes Atta cephalotes Fautinus cubae Megastus -grandalis Colaspsis hypochlora Nacoleia octasema Hercinothris bicinctus Castiomera humbolti Thrips florum Diaphorina ciiri ]rioza. erytreae Rhynchophorus palmarum (Linnaeus) Rhychophorus bilineatus (Montrouzier) Bacterial Diseases Citrus Canker Bacterial Blight Citrus Greening · (huanglongbing) Citrus Variegated Chlorosis Moko or Basterial Wilt, Blood Disease · Bugtok Dis~a!!e Bacterial B:ead Rot Pseudostem Wet Rot Xanthomonas axonopodis pv. citri Xanthomonas campestris pv · manihotis Liberobacter asiaticum (Asian strain) Liberobacter africanum (African strain) Xylella fastidiosa Ralstonia solancearum Ralstonia solanacerum Erwinia chrysanthemi Pectobacterium Chrysanthemi Fungal Diseases Citrus ·Black Spot Banana Freckle Disease Panama Disease or Fusarium wilt Guignardia citricarpa Guignardia musae Fusarium oxysporum f sp. cubense (E. F.) (Smith) 344 PROCLAMATIONS, RULES J\ND REQUIATIONS [OCT. 14, 2005 . Black Sigatoka or Black Leaf Streak Septoria Leaf Spot LixaGrande LixaPequena Ganoderma Butt Rot American Leaf Spot Thread Blight . Witches Broom Mycosphaerella fijiensis morlet Mycosphaerella sp. Sphaerodothis acrocomiola · Phyllachora torrendiella Ganodenna sp. Mycena citricolor/Omphaliafalvida Corticium koleroga (Cooke) Crinipellis perniciosus Virus and Viroid Diseases Citrus Tristeza virus ( CTY, stem pitting strains) Exocortis Viroid Cachexia ( citrus viroid) . Ringspot-Psorosis complex Banana Bunchy Top Virus Banana Bract Mosaic Virus Banana Mosaic Virus Banana Steak Vrrus Banana Die-back Virus Abaca Mosaic Virus Enset Streak Virus Cassava African Mosaic Virus Cassava Brown Streak Virus Coconut Cadang-Cadang (viroid) Coconut. Foliar Decay Coconut Tinangaja (viroid) Coconut Natuna Wilt Golden Nematode Red Ring Nematode Nematodes H eterodera rostochiensis Bursaphelenchus cocophilus PhytomonaJ Diseases Coconut Palm Heart Rot Cedros Wilt Witchweed Orobanche Benghal Dayflower Tropical Soda Apple Giant African Snail Weeds Mollusca Phytomonas stahellii Phytomonas stahellii Striga spp. Orobanche sp. Co1nmelina benghalensis Solanum viarum Achatina fulica OCT. 14, 2005] PROCLAMATIONS, RULES AND REGULATIONS 345 SECOND SCHEDULE (Regulation 9) Fees for import permits and inspection of imported items Types of Pennit L Single use pennit 2 Multiple use import permit 3. Inspection of commercial imports Fees $750.00 where the weight of the import does not exceed 22,270 kilogrammes and $1,000.00 where the weight of the import exceeds 22,270 kilogrammes $1,000.00 where the weight of each import does not exceed 22,270 kilogrammes $1,500.00 where the weight of each import exceeds 22,270 kilogrammes $1,000 for each shipment JAMAICA MINISTRY OF AGRICULTURE PERMITNo. (Granted by the Ministry of Agriculture under the Customs (Importation) (Prohibition) (Fruit, Plant and Vegetable) Proclamation, 1949 ON .. 20 TO Of TO IMPORT FROM SUBJECT TO THE CONDITIONS SPECIF1ED ON THE REVERSE OF THIS LABEL N.B.-No liability shall attach to the Ministry of Agriculture or to any officer or representative of the Ministry with respect to this permit. Packages of plant material arriving without a pemrit label attached will be considered dangerous and will be liable to destruction. 346 PROCLAMATIONS, RlJLES AND REGULATIONS [Ocr.14,2005 CONDrTION OF PERMIT L Package to arrive in Jamaica with this label attached to relevant papers. 2. Entry to be in the Port 3. Package and contents to be inspected on arrival in Jamaica, and treated if necessary. 4. All plant material to be accompanied by a certificate of inspection and of freedom from injurious insects and diseases, such certificate to be given by an authorized official of the ministry or department of agriculture of the country of origin. The certificate should also state that the plants were grown in an area free from the Golden Nematode. 5. Package and contents to be free from soil, and packaging material to consist of ADDITIONAL DECLARATION PERMIT NOT VALID AFTER------------ " Dated this 3rd day of October, 2005. R.CLARKE Minister of Agriculture. 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