Plant Protection (Importation of Malt and Malt Bags) Order (Cap. 324)

[Rev. 2012] CAP. 324 Plant Protection [Subsidiary] 45 [Issue 1] PLANT PROTECTION (IMPORTATION OF MALT AND MALT BAGS) ORDER, 1957 [L.N. 344/1957, L.N. 430/1957.] 1. This Order may be cited as the Plant Protection (Importation of Malt and Malt Bags) Order, 1957. 2. In this Order— “certificate” means a certificate endorsed by and stamped with the official stamp of an official of the Ministry of Agriculture of the exporting country; “date of shipping” means the date on which the malt or bag containing or having contained malt was placed on or in any ship, vehicle or aircraft for the purpose of transporting the same into Kenya. 3. (1) No person shall import or cause to be imported any malt or any bag containing or having contained malt unless such person is in possession of a certificate to the effect that— (a) the malt of any such bag has been fumigated within seven days before the date of shipment; or (b) the malt has been treated and held at a temperature lethal to Trogoderma granarium and subsequently bagged in clean bags and stored to the satisfaction of the Ministry of Agriculture of the exporting country; or (c) the malt and the premises in which it was prepared and stored have been found free from Trogoderma granarium. (2) Every person who imports or causes to be imported any malt or any bag containing or having contained malt shall submit the same to an inspector at the place of entry into Kenya within twenty-four hours of such entry. 4. Subject to the provisions of subparagraph (2), an inspector may— (a) order the disinfection of any malt or any bag containing or having contained malt which has been imported in contravention of the provisions of subparagraph (1) of paragraph 3; (b) notwithstanding production of a certificate which complies with subparagraph (1) of paragraph 3, order the disinfection of any malt, or any bag containing or having contained malt, to which such certificate relates. (2) Where, in the opinion of the inspector, such disinfection as aforesaid is impracticable or will not be a complete safeguard against the risk of the introduction or spread of the pest Trogoderma granarium, or the delay caused by such disinfection would give rise to the risk of the introduction or spread of the aforesaid pest, he may destroy such malt or such bag or cause the same to be destroyed without compensation to the owner or importer thereof. 5. An inspector may direct that any ship, vehicle or aircraft found to contain living Trogoderma granarium insects in any stage of growth be disinfected in a suitable manner within a time to be specified by him.