Plant Protection Act, 2012 (No. 18 of 2012)

600- 03.13 ANTIGUA AND BARBUDA THE PLANT PROTECTION ACT, 2012 No. 18 of 2012 [ Published in the Official Gc, zette Vol. XXXIII Nb.13 dated March 14th, 2013.] Printed at the Government Printing Office, Antigua and Barbuda, by Ralph George, Government Printer by Authority, 2013. [Price $12 . 05 j ' hl' P/0111 Protection Act, 2012. 2 No. 18 of 2012. ,. j No. 18 of 2012 3 The Plant Protection Act, 2012. THE PLANT PROTECTION ACT, 2012 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Powers of the Minister 4. Designation of NPPO 5. Functions of NPPO 6. Appointment of inspectors 7. Duties of an inspector PARTI PRELIMINARY PART II ADMINISTRATION 8. Designation of laboratories and analysts 9. Establishment, composition, procedure of Plant Protection Board 10. Disqualification of members of Plant Protection Board 11. Resignation of members of Plant Protection Board 12. Advisory role of Board 13. Sub-committees of Board 14. Phytosanitary Emergency Fund 15. Restrictions on importation 16. Import permit 17. Declaration to be signed by captain 18. Inspection on importation 19. Detention or destruction of imports PART ID IMPORTS f The Plant Protection Act, 2012. 20. Release of imports 21. Minister may restrict certain imports 22. Plant quarantine stations 23. Duty to report and detain certain imports 24. Consignments in transit 25. Restriction on exports 26. Inspection of exports PART IV EXPORTS PART V 4 CONTAINMENT AND ERADICATION OF PESTS 27. Duty of occupier to notify NPPO 28. Declaration of quarantine 29. Procedure when quarantine pest is on premises 30. Service of quarantine notice in absence of occupier 31. Duration of quarantine notice 32. Declaration of phytosanitary emergency 33. Lifting of quarantine 34. Declaration of pest free or low pest prevalence area 35. Entry and search by an inspector 36. Seizure and notice of seizure 37. Storage or removal of affected items PART VI ENFORCEMENf 38. Confiscation and disposal of unclaimed items 39. Appeal • 40. Offences 41. Liability of officials 42. Penalty No. 18 of 2012. • j No. 18 of 2012 5 The Plant Protection Act, 2012. 43. Forfeiture 44. Notice to offender ? 45. Limitation on liability 46. Compensation PART VII MISCELLANEOUS 47. Documents 48. Regulations 49. Repeal and Savings 50. Act to bind the State The Plant Protection Act, 2012. 6 No. 18 of 2012. [L.S.J -• ~ • I Assent, ANTIGUA AND BARBUDA THE PLANT PROTECTION ACT, 2012 No. 18 of 2012 Dame Louise Lake-Tack, Governor-General. 28th February, 2013 AN ACT to prevent the introduction and to control the spread of plant pests; to protect plant resources; facilitate trade in plants and plant products; to regulate other matters connected thereto . ENACTED by the Parliament of Antigua and Barbuda as follows: 1. Shorttitle PART I PRELIMINARY This Act may be cited as the Plant Protection Act, 2012. 2. Interpretation (I) In this Act, unless the context otherwise requires "affected" means infected or infested with a pest; "area" includes a place or site of production; ''area of low pest prevalence'· means an area, whether all of Antigua and Barbuda or part of Antigua and Barbuda, as prescribed, in which a specific pest occurs at low levels and which is subject to effe ctive survei llance, control or eradication measures; .... No. 18 of 2012 7 The Plant Protection Act. 2012. "beneficial organism" means any organism including fLmgi, bacteria , viruses, virns-tike organ isms anci invertebrate or other animals which is declared by the Minister in writing to be beneficial to flora or agricultural production ; "Board" means the Plant Protection Board established pursuant to section 9 of this Act; "consignment" means a quantity of plants , plant products or other regulated articles being moved from one country to another and covered, when required, by a single phytosanitary certificate; "contain" means to apply phytosanitary measures in and around an infested area to prevent the spread of a pest ; "container" means a box, bag, wrapper, covering or other receptacle in which plants. plant products or other reg ulated articles that may carry pests have been or are being transported; "control" means to suppress, contain or eradicate a pest population; "conveyance" means any vessel, aircraft, train, vehicle, cart, container, animal or other thing that can convey plants, plant products, pests, beneficial organisms or other regulated articles from one place to another; "detain" means to keep a consignment in official custody or confinement for phytosanitary reasons, and "detention" shall have a corresponding meaning ; "endangered area" means an area where ecological factors favour the es tablishment of a pest whose presence in the area will result in economically important loss ; "entry" means the movement of a pest into an area where it is not yet present , or present but not widely distributed and being officially controlled; "eradicate'' means to apply phytosanitary measures to eliminate a pest from an area , and "eradication" shall have a corresponding meaning: "es tablishment" means the perpetuation, for the foreseeable future, of a pest within an area after entry; "Fund '' means the Phytosanitary Emergency Fund established under section 14; "germplasm'' means plants intended for use in breeding or conservation programmes; "import permit" means a permit issued under section 16( 1 ); "importer" means anyone who, whether as owner, consignor, consignee, agent, broker or otherwise, is in possession of or in any way entitled to the custody of any plant, plant product , pest, beneficial organism or other regulated article landed or likely to be landed in Antigua and Barbuda from another country ; The Plant Protection Act, 2012 8 No. 18 of 2012. •'inspection" means offictal-visual examination of plants, plant pi'oducJs or other regulated ; articles to determine if pests are present or to determine com~liance with phytosanitary regu lation~; ''inspector" means a plant protection officer and any person designated or appointed under section 6: "introduction" means the entry of a pest resulting 111 its establishment in Antigua and Barbuda; "IPPC" means the New Revised Text of the International Plant Protection Convention; "IPPC Secretariat" means the Secretariat of the International Plant Protection Convention; "Minister" means the Minister responsible for plant protection; "Ministry" means the Ministry responsible for plant protection; "National Plant Protection Organisation" or "NPPO" means the official unit, department or office designated by the Minister under section 4; "occupier", in relation to any land or building, means a person in actual occupation thereof; "official" means established, authorized or performed by the NPPO; "official control" means the enforcement of mandatory phytosanitary regulations and the application of mandatory phytosanitary procedures with the objective of eradication or con tainment of quarantine pests or for the management of regulated non-quarantine pests: ··outbreak" means an isolated pest population, recently detected and expected to survive for the immediate future; ·'owner'', in relation to any thing, includes any person having for the time being the possession, custody or control thereof; "packaging'' means any material used lo pack, contain or keep plants, plant products or other regulated articles; "pest" means any species, strain or biotype 9[ plant, animal or pathogenic agent injurious to plants or plant products ; .. pest free area" means an area in which a specific pest does not occur as demonstrated by sc ientific evidence and in which, where appropriate. this condition is being officially main tained: No. 18 of 2012 9 The Plant Protection Act, 2012. "pest risk analysis" means the process of 'evatuating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it; "phytosanitary certificate" means a certificate patterned after the model certificate of the IPPC; "phytosanitary emergency" means an emergency declared under section 21 ( c) or 28; "phytosanitary measure" means any legislation, regulation or official procedure having the purpose of preventing the introduction and or spread of quarantine pests, or limiting the economic impact of regulated non-quarantine pests; "plant products" means any unmanufactured material of plant origin (including grain) and those manufactured products which, by their nature or that of their processing, may create a risk for the introduction and spread of pests; "plants" means living plants and parts thereof, including seeds and germplasm; "pre-clearance" means phytosanitary certification or clearance in the exporting country, per formed by or under the supervision of the NPPO; "premises" means land or any building or other structure situated on land; "prescribed" means prescribed by regulations made under this Act; "quarantine pest" means a pest of potential economic importance to the area endangered thereby, not yet present there, or present but not widely distributed and being officially con trolled, and declared as such in regulations; "regu lar business hours" means the normal operating hours of government offices 111 Antigua and Barbuda; "regulated article" means any storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved, and in cludes beneficial organisms; "regu lated non-quarantine pest" means any pest listed in regulations made under this Act, whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact; "regulated pest" means a quarantine pest or a regulated non-quarantine pest; The Plant Protection Act, 2012. 10 No.18of 2012. "soil" means material wholly or partly derived from the upper layer of the earth's crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but excluding any medium which is sterile, composed entirely of unused peat or otherwise incapable of harbouring or transmitting pests; "SPS Agreement" means the WTO Agreement on the Application of Sanitary and Phytosanitary Measures to which Antigua and Barbuda is a party; "storage place" means a place where a plant, plant product or regulated article is stored; "suppression" means the application of phytosanitary measures in an affected area to reduce a pest population; "surveillance" means an official process which collects and records data on pest occurrence or absence by survey, monitoring or other procedures; "treatment" means an officially authorized procedure for the killing or removal of pests or rendering pests infertile; "WTO" means the World Trade Organisation established in 1995 of which Antigua and Barbuda is a member. 3. Powers of the Minister PART II ADMINISTRATION (I) The Minister shall have primary responsibility for the administration of this Act. (2) Notwithstanding sub-section (1), the Minister may, in writing, delegate specific functions under this Act to the National Plant Protection Organisation or other government officials or agencies as the Minister considers appropriate. 4. Designation of NPPO (l) The Minister shall designate a government unit, department or office to serve as the National Plant Protection Organization of Antigua and Barbuda, and shall transmit the name of such unit to the IPPC Secretariat. (2) The Minister may appoint individuals from time to time to serve as members of the National Plant Protection Organisation. :i 5. Functions ofNPPO The functions of the National Plant Protection Organisation shall include the following No. 18 of 2012 11 The Plant Protection Act, 2012. ( a) the implementation of the IPPC and the SPS-Agreement, and the following responsibilities-. (i) issuing phytosanitary certificates; (ii) can-ying out surveillance of an ornamental and growing plant, including areas under cultivation and wild flora, and of a plant and a plant product in storage or in transport, for the purpose of reporting the occurrence, outbreak and spread of pests, and of controlling those pests; (iii) inspecting any consignment of a plant and plant product and . where appropriate, inspecting any regulated article or storage place, for the purpose of preventing the introduction and spread of pests; (iv) conducting pre-clearance inspections where requested ; (v) disinfesting or disinfecting consignments of plants , plant products and other regulated articles; (vi) protecting endangered areas and plant species and designating, maintaining and surveying pest free areas and areas of low pest prevalence; (vii) conducting pest risk analysis; (viii) providing information to other countries concerning phytosanitary measures applied, either through pest risk analysis or by reference to applicable international standards; (ix) notifying trading partners of relevant instances of non-compliance with import requirements that may be prescribed ; (x) ensuring the phytosanitary security of consignments after certirication and before export; (xi) establishing auditing and trace-back procedures for plants , plant products and other regulated articles for phytosanitary certification; (xii) establishing any minimum qualifications for and overseeing training and development of inspectors and other NPPO staff; (xiii) distributing information regarding regulated pests and the means of their prevention and control; (xiv) proposing, reviewing, preparing and enforcing phytosanitary measures and other necessary legislation; I he P/0111 Protectirm Act, 2012. 12 No. 18 of 2012. (xv) notifying phytosanitary measures to the designated national enquiry point for SPS, the IPPC focal point, any local agency affected by the measures and to other countries in accordance with international obligations; and (xvi) providing information regarding import and export regulations in force, and technical requirements for plants, plant products and other regulated articles, on request of any interested international, regional or other national plant protection organisation. ( /J) the enforcement or this Act, as well as any other legislation relating to plant protection that the Minister may direct; ( c) the representation of Antigua and Barbuda in any bilateral, regional and international forum relating to phytosanitary matters; ( d) the development and application of pest diagnostic, investigative and analytical capa bilities as well as the establishment, of laboratories, plant quarantine stations and other phytosanitary facilities; ( e) the establishment of procedures for accreditation of any plant quarantine station. offi cial analyst, official laboratory or any other person or institution from the public or private sector involved in phytosanitary matters; and (f) any other function that the Minister considers necessary for the purposes of this Act. 6. Appointment of inspectors The Minister, acting in consultation with the Board, may appoint or designate officers of the NPPO to carry out the duties assigned to an inspector under this Act. 7. Duties of an inspector (I) The duties of an inspector include the following ( c1) inspecting and certifying any (i) any plant, plant product under cultivation, in a storage place or in transit,; (ii) any regulaled article in a storage place or in transit; or (iii) storage place in order to discover, prevent and report the existence, outbreak and spread of a pest; and j No. 18 of 2012 13 The Plant Protection Act, 2012. (iv) consignment of any plant, plant product or regulated article destined for import or export to determine whether it is affected, and where necessary verifying the pest status of consignments by the taking of samples or otherwise; ( b) ensuring (i) the disinfection or disinfestation of the consignment of any plant, plant product or regulated article destined for import or export, as well as its container, packaging, storage place and transport facility; (ii) that no threat to plant resources is caused by waste disposed from ( a) any aircraft, ship, pleasure craft or any vessel arriving in Antigua and Barbuda; and ( b) premises which process or wash any imported plant, plant product or regulated article; ( c) issuing phytosanitary certificates on behalf of the NPPO; ( d) carrying out detection activities and maintaining up-to-date information on the pest status; ( e) conducting surveillance and monitoring exercises in any land, premises or area as required under this Act; (f) instituting inquiries and requesting information or documentation on reasonable suspicion that the provisions of this Act are being contravened; and ( g) performing any other function relating to inspection or certification as the NPPO may assign to the inspector. (2) An inspector may carry out an inspection under subsection ( 1) (a) (iv)) on the territory of an exporting country as a pre-clearance inspection, at the invitation of the exporting country. (3) In carrying out any duty under subsection (1) or (2), an inspector shall, identify himself as an inspector by showing his identification card or other proof of his or appointment or designation as an inspector. 8. Laboratories, Analysts The NPPO shall designate one or more ( a) laboratories to be official laboratories; and Thf Pion! Protection Act, 2012. 14 No. l8 of 2012. ( b J · analysts to be official analysts; for the purposes of this Act. 1>. Establishment, composition, procedure of Plant Protection Board (I) The Plant Protection Board is hereby established, and shall consist of ( a) three staff members of the Ministry responsible for agriculture, including (i) the head of the NPPO; (ii) the Director of Agriculture; and (iii) one other person nominated by the Director of Agriculture; ( b) one representative of each of the following (i) the Ministry responsible for the environ ment ; (ii) the Ministry responsible for trade; (ii i) the Ministry of Legal Affairs; (iv) the Cus toms Department; ( v) the Antigua and Barbuda Defence Force; (v i) Barbuda Council; (v ii) the Ministry responsible for health; (viii) the Royal Police Force of Antigua and Barbuda; ( c) one representative appointed by the Minister from each of the following (i) importer and exporters; (ii) growers and nursery owners. C) Members of the Board shall be nominated by the ir respec tive Minister or president/c hair as the case may be. and appointed by the Minister responsible for plant protection. (1) Members shall be paid an honorarium to be approved by the Mini ster. No. 18 of 2012 15 The Plant Protection Act, 2012. (4) Members shall serve for a period,of three years and shall be eligible for reappointment. (5) The quorum at a meeting of the Board shall be at least one half of the membership, provided that in the case of an emergency declared under this Act, the Board may act notwithstanding the absence of a quorum. (6) The Board shall meet at least four times per year. (7) The Board shall elect a Chairperson at its first meeting, which shall take place within three months from the date of commencement of this Act. (8) Except as provided in sub-sections (1) to (7) and sections 12 and 13, the Board shall regulate its own procedure. (9) Minutes of each meeting shall be kept in proper form by a public officer who shall be desig nated by the Permanent Secretary of the Ministry. 10. Disqualification of members of Plant Protection Board (I) The Minister may, terminate the appointment of the Chairperson or any other member of the Board, if the member ( o) becomes of unsound mind, as certified by a duly appointed medical board; ( IJ) is an un-discharged bankrupt; ( c) has been found to be guilty of misconduct which is related to the performance of his functions pursuant to this Act; ( cl) has been absent, in the case of the Chairperson, without leave granted by the Minister and in the case of a member, without leave granted by the Chairperson, from four con secutive meetings of the Board; or ( e) becomes incapable, wilfully or otherwise, of carrying out his functions pursuant to the provisions of this Act. (2) The appointment of a member of the Board shall not be terminated unless that member has been given a reasonable opportunity to make representations. (3) The names of the members of the Board as first constituted and every change in the member ship thereafter must be published in the Gazette. The Plant Protection Act, 2012. 16 No. 18 of 2012. '11. Resignation of members of Plarit ~rotection Board • A member of the Board, other than the Chairperson, may at any time resign his office by instrument in writing addressed to the Minister and from the date of receipt of the instrument by the member that member shall cease to be a member of the Board. 12Advisory role of Board The Board shall act in an advisory capacity to the Minister and the NPPO on issues of plant protection and shall be responsible for (a) recommending changes to relevant legislation as required, and recommending regu lations, schedules, notices and orders to be made, issued or amended under this Act; ( b) assisting in the determination of criteria for the declaration of a phytosanitary emer gency under section 21(c) or 32. 13. Sub-committees of Board ,. The Board may appoint such sub-committees as it may consider necessary, including members of the Board, to provide advice and technical input. 14. Phytosanitary Emergency Fund ( 1) There is established a Phytosanitary Emergency Fund which shall be administered by the Board. (2) There shall be paid into the Fund ( a) all monies voted by Parliament for the purposes of this Act; ( b) donations , grants , awards and endowments given to the Board; and ( c) any proceeds or fees collected under this Act, except fines imposed by a court. (3) All monies collected or received under this Act shall be paid into the general account of the Fund in a bank approved by the Minister of Finance, and administered in accordance with the Finance Administration Act, 2006. ( 4) The resources of the Fund shall be made available to the NPPO upon declaration of a phytosanitary emergency under section 21( c) or 3 J. No. 18 of 2012 17 The Plant Protection Act, 2012. PART ID ? IMPORTS -.. 15. Restrictions on importation ( l) A Plant, plant product or other regulated article may be imported into Antigua and Barbuda only at the prescribed ports of entry. (2) The NPPO may require that certain plants, plant products or other regulated articles not be imported except ( a) by authority of an import permit granted under section 16(1 ); ( b) where accompanied by (i) an original phytosanitary certificate issued by the country of export that is dated not more than thirty (30) days before the entry of the plant, plant product or regulated article into Antigua and Barbuda; and (ii) any other documentation that may be prescribed; and ( c) where all prescribed requirements are satisfied. 16. Import permit (I) Where an import permit is required under section 15(2)( a), an importer shall apply to the NPPO in the prescribed manner and may be granted a permit on payment of the prescribed fee. (2) In the evaluation of an application for an import permit, the NPPO shall apply existing interna tional standards or conduct pest risk analysis as the case may be in order to determine the applicable phytosanitary requirements. 17. Declaration to be signed by captain Where a plant, plant product or regulated article has been imported on a vessel or aircraft, in the absence of the owner, the captain shal l sign a dec~aration in the prescribed form . 18. Inspection on importation (I) A person who has imported a plant, plant product or regulated article shall present it for inspection by an inspector at the prescribed port of entry. The Plant Protection Act, 2012. 18 No. 18 of 2012. (2) Notwi!hstanding subsection (1 ), a ptarH, -plant product or regulated article may-be in)pected by an inspector at a place other than the port of entry- f ( o) on the application by an importer, and ( h) if the container has been sealed and marked as prescribed or in a manner required under any other law. (3) An inspection carried out under subsection (l) or (2) is subject to the payment of the pre scribed fee. (4) An inspection referred to in subsection (I) or (2) shall be carried out during regular business hours , except where the plant, plant product or regulated article is in tran sit or ex tremely perishable or where its entry has otherwise been delayed, in which case, on application by the importer and on payment of the prescribed fee, the NPPO may agree to an inspection being carri ed out at any other time. 19. Detention or destruction of imports ( l) Jr, on an in spection that is carried out in accordance with section 18. the in spector determines that the imported plant, plant product or regulated article ( o) is not accompanied by any relevant documentation required by sect ion I 5(2): or ( h) presents any ri sk for the introduction or spread of pests: the inspcctrn shall detain the item and im111ediately serve written notice on the iinportt.-r Lh:11 part or all or the i111portecl plant. plant product or regulated article may be subj ec t. wit hin the time period , pccil"ied in the notice. to (i) detention until the rece ipt of relevant documentation within a reasonable ti111e; (ii) appropriate treatment in order to remove the risk: (iii) re-exportation: (iv) co nl"i sca tion : or (,·) destruction. (2) The inspector may !"org:o notice and carry out any of the actions listed under subsection (I) where in I hi s or her] opinion destruction of the imported plant, plant product or reg ulated article is urgently required or the giving of notice is impracticable . No. 18 of 2012 19 The Plant Protection Act, 2012. (3) Where, after its entry or treatment, any imported plant, plant product or regulated article remains unclaimed for a period of time, as may be prescribed, the NPPO may take action to destroy the imported plant, plant product or regulated article. ( 4) The costs and responsibility for any action taken under subsection ( 1 ), (2) or (3) shall be borne by the importer, except where in exceptional cases the NPPO determines that the State should take responsibility for the associated costs.] (5) The State may assume financial responsibility under subsection (4) without prejudice to its right to recover costs from the importer as a debt. (6) Where any action is taken under subsection (I), (2) or (3), the method used to calculate costs charged shall be in accordance with the prescribed procedure. (7) The State shall not be liable for the confiscation. destruction or disposal of any plant. plant product or regulated article carried out in accordance with this sec tion. 20. Release of imports If upon inspection carried out under section I 8 the inspector determines that the imported plant , plant product or other regulated article do not present m1y risk for the importation and spread or pests, he may release the consignment to the importer. 21. Minister may restrict certain imports In order to protect plant resources. human and an irnal health or the cnvironrnent, the Minister may. on the advice of the Board ( u) permit the entry of any plant. plant product or regulated article for scientific or experi mental purposes, subject to such terms and conditions that the Minister. on the advice of the Board, considers appropriate; (I?) prohibit or restrict the entry of any plant. plant product or regulated article; ( c) declare a phytosanitary emergency; or (cl) take any other necessary action to prevent the introduction or spread or a quarantine pest and regulated non-quarantine pest. 22. Plant quarantine stations The NPPO may The P!C111f Protection Act, 2012. 20 No. 18 of 2012. ( a) -designate certain places as plant quarant{ne st(l.tions where a, plant, plant product or other regulated article may be kept fur phytosanitary observation, research. inspection , testing, treatment, detention or destruction; ( b) require that imported material be kept or cultivated at a plant quarantine station. or at any other location identified by the NPPO, and kept under the NPPO 's supervision for such time as the NPPO deems necessary. 23. Duty to report and detain imports ( 1) An employee of the postal service or an official of the Customs Department, Port Authority. Royal Police Force or Defence Force who has knowledge of the arrival or importation of any plant , plant product or regulated article, shall. in the absence of an inspector (Cl) as soon as practicable, notify the arrival or importation to the NPPO; and (h) detain the plant , plant product or regulated article for inspection by an in spector. (2) A detention carried out under subsection ( l J sha l I be deemed to be an action taken by or on delegation from the NPPO. (3) The NPPO shall take custody of any item detained under subsection (I) within three clays or its deten tion. 24. Consignments in transit ( 1) The movement of consignments of regulated articles which pass through Antigua and Barbuda without being imported and which may present a phytosan it ary ri sk to Anti gua and Barbuda shal l be subject to the appli ca tion or meas ures to reduce or remove this ri sk. The elements or such a transit system shall be as presc ribed. (2) Notwithstanding subsec ti on ( 1) above. all cons ignments con taining regulated articles as described, shall. in no less than 48 hours prior to arrival in Antigua and Barbuda, be notified in writing to the NPPO and wri tten permission sought to facilitate the transit or such reg ulated articles thro ugh Antigua and Barbuda. 25. Restriction on exports PART IV EXPORTS A person shall not export a plant. plant product or regu lated article unl ess that person ,. No. 18 of 2012 21 The Plant Protection Act, 2012. ( a) appl ies to the NPP(? in the prescribed manner: • ( b) provides to the NPPO all documentations that are prescribed: ( c) makes the consignment available for inspection under section 26: (cl) pays the prescribed fees: and has been granted a phytosanitary certificate . 26. Inspection of exports (I) The NPPO shall. on application by an ex porter under section 25. cause an inspection or the consignment to be carried out. and: ( o) iss ue a phytosan itary certificate, in a form as may be prescribed. where the consign ment (i) meets the documentary and other requirements for import or the country to which the consignment is to be exported: and (ii) satisfies any other requirements for export speci f'ied by the NPPO or under any app li cable law: or (h) deny the is sue or a phytosanitary certificate where the requirement'.-- specified in para gr:i ph ( o) have not been met. (2) The issuance of a phytosanitary certif'icate shall nol release the exporter l'rom co mpliance with this Act or any other law. PART V CONTAINMENT AND ERADICATIONNOF PESTS 27. Duty of occupier to notify NPPO The occupier or owner of any land or pre1nises , who has knowledge of or suspects the presence of a quarantine pest thereon shall immediately notify the NPPO. 28.Dec~rationofquarantine ( l) The Minister may. on the advice of the Board n,e Plant Protection Act, 2012. 22 No. 18 of 20 12. ( ct) declare any land, 'Premises·or area that is affected or is suspected of being affected witlr . any pest to be under quarantine; . ( b) presc ribe measures for the treatment or disposal of a plant , plant product, regulated article. and the treatment of a storage place whether or not it has been found to be affected, in order to limit the spread of any quarantine pest: ( c) prescribe the period of quarantine. (2) For the purpose of sub- sec tion ( 1 ), "quarantine·· includes ( a) prohibiting the movement of people, conveyances. plants, plant products or other regu lated articles from or to a specified location (land, premises or area): ( b) prohibiting the planting or replanting of a specified location : ( c) the taking of any other measure which the Minister on the advice or the Board deems necessary under the circu mstances. 29. Procedure when quarantine pest is on premises (I) 11' the NPPO believes that a quarantine pest is present on any premises. it may. subject to sect ion 15 (2) ( c,) authorize an inspector to (i) en ter the premises at any reasonabl e time . (ii) inspect any plant, plant product. regulated article or storage place. and (iii) take a sample as he may consider necessary; and ( IJ) require, by noti ce in writing. the owner or occupier of the premises, and where the NPPO deems it appropriate, the owner or occupier of any premi ses in the vicinity, to take within a spec ified period such measures on hjs premises that the NPPO considers appropriate to eradica te. contain or res trict the spread of the pest. (2) If an owner or occupier of premises fa il s to comply with any term or a notice iss ued under subsection (I) (hJ, the NPPO may direct an in spector or other au thorized person to en ter the pre mises in question in order to • .,. No.18of2012 23 ( a) - -carry out the requirements of the notice: ? The Plant Protection Act, 2012. (b) where necessary, destroy the plant, plant product or regulated article: and eradicate, contain or restrict the spread of the pest. (3) The owner shall be liable to pay the costs for any action taken under subsection (2), except where in exceptional cases the NPPO determines that the State should take responsibility for the associated costs. (4) The State may assume financial responsibility under subsection (3) without prejudice to its right to recover its costs from the owner as a civil debt. (5) Where the NPPO takes any action under subsection (2), the method used to calculate the costs shall be as prescribed. (6) The State shall not be liable for the destruction or disposal of' any plant. plant product or regulated article carried out in accordance with this section. 30. Service of quarantine notice in absence of occupier If a person is not in actual occupation of any premises. or if the occupier cannot be found, service of any notice under this Act may be made by affixing the same in a conspicuous place on the premises, and such affixing shall be deemed to be sufficient service or notice J 1. Duration of quarantine notice (I) Any notice issued under section 29 (I) (IJ) or 30 shall remain in force until an inspector gives any affected owner or occupier a certificate in writing th ~1t the premises or area is free from pests. (2) A person shall not remove, or allow or cause to be removed any plant, plant product or regulated article from the premises or area under quarantine while a notice issued under section 29 (I) (h) or 30 is in force. 32. Declaration of phytosanitary emergency The Minister may. on the advice of the NPPO , declare a phytosanitary emergency based on ( o) an inspection carried out under this Act; or (h) an analysis of a sample taken under section 29 (I) (o) (iii). The Plant Protection Act, 2012. 24 No. 18 of 2012. 33. Lifting of quarantine The Minister shall, upon the advice of the Board, serve written notice on all affected owners or occupiers of land to lift the quarantine where ( a) he determines that the relevant quarantine pest is no longer considered to be present; or ( b) the NPPO determines that it is no longer appropriate for the quarantine to be maintained in respect of some or all of the affected land. 34. Declaration of pest free or low pest prevalence area The Minister may, on the recommendation of the NPPO (et) declare an area pest free where the NPPO is satisfied that (i) a pest is not present in an area: (ii) phytosanitary measures have been implemented to keep the area free or the pest ; and (iii) a surveillance system has been instituted to verify that the area remains l rec or the pest. ( h) declare an area or low pest prevalence where the NPPO is satisfied that (i) a pest occurs at low levels in an area (ii) phytosanilary measures have been implemented to keep the pest IC\ cb low: and (iii) a surveillance sy stem has been instit uted to verify that the pest leve ls re ma in lo w. 35. Entry and search by an inspector PART VI ENFORCEMENT ( l) For the purpose of detecting a quarantine· pest or a regulated quarantine pest or e nsuring compliance with this Act, an inspector may (rt ) stop and without a warrant search a person. container or conveyance. entering or mov ing within Antigua and Barbuda that the inspector believes on reasonable grounds is harbouring such pest: No.18 of 2012 25 The Plant Protection Act, 2012. ( b) subject to subse~tions (2) and (3 ), at a reas-onable time, enter and inspect any premi ses: f ; ( c) open any container, receptacle or other thing that the inspector believes on reasonable grounds contains any thing in respect of which this Act applies; ( d) examine any thing in respect of which this Act applies and take a sample of it. (2) An inspector shall not enter a dwelling house except with the consent of the occupi er or under the authority of a warrant issued by a Magistrate. (3) An in spector may, with a warrant issued by a Magistrate, enter and search any premises. where there is reasonable cause to believe that an offence against this Act has taken or is tak ing place . (4) A person shall not break a seal on a sealed container containing a plant, plant product or regulated arti cle unless an inspector is present. (5) An in spector may, in the performance of his duties under thi s section. be acco:r.pa ni cd ancl assis ted by a police officer. (6) In the cou rse of an in spec tion carried out under subsect ions (I). (2) and ( 1 ). an in spec tor may. as he considers necessary. seize. destro y. detain . trea t or otherwise di spose of any plant. rl,111t product or regulated article. or order that any such action be taken . at the expense o r the owner. 36. Seizure and notice of seizure (I) In the course or an inspect ion carried ou t under thi s Act. if an inspector believes on rcas;onable grou nds that a provision of this Act has been or is being contravened. or any plant. plant product or regulated artic le presents a risk of the introduction or spread of a pest, the in spector may se ize the planL plant product or regulated article ( o) by means of or in relation to which he believ~s on reasonable grounds that the contra ve ntion has been or is being committed; ( /J) that he believes on reasonable grounds will afford evidence in respec t or the co ntra ven tion of the provi sion of this Act. (2) An inspector who seizes and detains a plant, plant product or regulated article under thi s Act (c t ) shall immediately iss ue to the owner of the plant, plant product or regulated article a detention certificate in the prescribed form and shall, as soon as practicable, advise the owner that part or all of the plant, plant product or regulated article may be subject within a spec ified time to any action speciCied in sec tion 37: or The Plant Protection Act, 2012. 26 No.18of2012. ( b) may forego advising- the owner of the plant, plant product or regulc !ted article of the ; reason for the seizure if, in the opinion of the inspector. it i! urgently required to destroy the plant , plant product or regulated article or the giving of the reason for the seizure is impractical. 37. Storage or removal of affected items Where an in spector has seized and detained a plant. plant product or regulated article under this Act ( o) the inspector, or ( b) any other person designated by the NPPO. may (iJ store. treat, quarantine or dispose of the plant. plant product or regulated article at the place where it was se ized or move it to any other place for :-,torage. treatment. quarantine or disposal, (ii) require its owner to sto re , treat, dispos;e of. re-export or move it to any other place. 38. Confiscation and disposal of unclaimed items ( I J An in -,pcctnr nrny confi-,cate and dispose or ( o) any plant. plant product or regulated article thaL arter its entry into Antigua and Barbuda after treatment. remains unclaimed for a pre-,cribed time; or ( b) any thing that the inspector believes on reasonable grounds contains or harbours a quarantine pest or regulated non quarantine pest. (2) J in-;pcctor who confr-,catcs a plant. plant product or regulated article or a quarantine pest or regulated non quarantine pest ( o) shall. as soon as is practicable, advise .the owne r of the reason !"or its confiscation and is-,ue a confiscation certificate; or / b) may forego advising the owner of the plant. plant product or regulated article or pest of the reason for the confiscation if the giving of the reason for the confiscation is imprac ticli. No. 18 of 2012 27 Th e Plant Protection Act, 20 12. 39.Appeal ( l) Any owner or occupier of land. owner or operator of a conveyance or ow ner or importer of pl ants , plant products or other regulated arti cles who is agg rieved by the decision of an inspector to destroy. di spose of or treat such plants, plant products or other reg ulated articles may lodge an appeal within fourteen days in the manner prescribed under thi s Act. ('.2) Where an appea l has been filed the Minister sha ll take reasonable steps to stay the destruc tion. disposal or treatment of the articles pending a determination of the appeal by the co mmittee appointed, except where in the opinion of the Mini ster any delay would create a significant risk or harm to plant resources in Antigua and Barbuda. (3) Subject to sec tion s 19(7) and 29(5). a determination by the comm ittee under sub-section (4) shall not prejudice the right of any aggrieved party to see k recourse in the courts. (4) The com mittee. which shall hear and determine any matter within three working days. 'ihall com prise th ree persons appo inted by the Board and 'i hall regul ate it '-i own procedure. (5) The commitlee may, upon hearing any appeal, confirm. vary or set aside the dec ision or the inspector or determine the matter and impose additional conditi ons. 40. Offences It sha ll be an offence for any person, either personally or indirectly through an emp loyee . serv~mt or agent to ( o) grow. possess, se ll , o ffer for sa le. tran sport or distribute in any manner any plant s, plant products or other reg ulated articl es knowing that they are affected by a quarantine pest: ( h) assault. res ist. intimidate , threaten. abuse in any manner whatsoeve r. or obst ruct any inspec tor exercising lawful powers under this Act: ( c) tamper with any samples taken pursuant to this Act: ( d) Cail to comply with any order or direction lawf'ully made or given under this Act; ( e) import any plants , plant products or other regulated articles at a port of entry not li sted in regulations: (!) import any plants. plant products or other regulated articles contrary to any other re quirements prescribed under thi s Act: (g) in tenti onall y permit or cause the introducti on or spread of any pest: The P/0111 Protection Act, 2012. 28 No. or 2012. ( h) export any plants, plant p-roduc;t s or other regulated articles except i.n accordance with Part IV of this Act. ? ( i) fail to safeguard within 48 hours the phytosanitary security of a con:-,ignment after issuance of a phytosanitary cert ificate under section 26(l)(a); (j) fail to al low a search or inspection or the taking of any sample authorized under this Act: ( k) break the seal on a sealed container containing plants. plant products or other regulated articles or removing detained items from a re-sealed container except in the presence of an inspector: ( 1) knowingly or recklessly provide information which is false, for the purpose of obtaining any document under this Act: (111) intentionally or deliberately alter, forge. deface or destroy any document issued under this Act: ( 11) submit any wr itten material for publication referring to the occurrence of a quarantine pest in Antigua and Barbuda without prior or simultaneous communication of the ex ist ence or the pest to the N PPO: (o) otherwise contravene the provisions or this Act. ..it. I ,iability of officials It shall be an olTenc~ for any in .'> pechi r. official analyst or other NPPO staff to (o) (h) directl y or 111directl y ask for or take any per:-onal payment or other reward in C()fl!lec tion with any official duties: agree to du. abstain from doing. jJCrmit. conceal or connive at anv act or thing which is L L J L contrary to the proper execution or official duties under this Act. or otherwise con I rary to the Lnv s or Antigua and Barbuda: (c) disclose ,111y infor111a1ion acqu ired in the performance of official duties relating ltl any person. firm or business. except when required by his supervisor in the course of official duties. or where ordered to do so by any court. ..i2. Penalty /\ per'>On who commits an offence under thi s Act i-., liable . .. No. of 2012 29 The Plctnt Protection Act. 2012. ( o) in the c"ase of a first offence. on summary conviction, to a fine or five thousand dollars. or to impri~onrnent for a period of one year. or both: f ( b) in the case or a second or a subsequent offence. to a fine of ten thousand dollars. or to imprisonment for a period of two years. or both. 43. Forfeiture Where a person is convicted of an offence under this Act the court may. in addition to an; other penalty imposed. order that any thing used in the perpetration or the offence . he forfeitccl to the State. 44. Notice to Offender ( l J This section applic, to any offence as may be prescribed. (2) Where an inspector has reason to believe that a person is committing or ha -. com111ittcd <111 offence to \\ hiL·h thi..., .... cct iun applies . the in-.pector ma~ immed iate ly .... erve that pe1v)11 ,, itll the prescribed notice in writmg offering the discharge of any liability to conviction ul the ul le11cc by payment of a i'ixnl penalty under this section . (3) Where a person is served with a notice under subsection (2) ( u ! tktt pcr .... u11 ...,J1itll not be liable to be cun viLtcd !'or the ollcncc if the fixcJ pen,tlt ), is paid in dccordancc with this section (iJ before the expiration or twenty-one days following the date or the noti l'. c 01 such longer period as may be specified therein. or (ii) before the elate on which proceedings ,ire begun . whichever is later: ( h) proceedings shall nut be taken against the person for the offence by any inspector or other authorized officer until the end of the twenty-one clays following the date or the notice or such longer period as may have been specified in the notice . (-+) Payment or a i'ixed penalty under this section shall be made to the NPPO or to such body, on behalf of the NPPO. as the Minister may. by order, designate and the NPPO may retain the amount paid. which shall be allocated to the Fund. (:'i) In an y proceedings . a certificate that payment of a fixed penalty was or was not made to the NPPO, or to a bocly cle:-.ignated under subsection (4 ), by a date specified in the certificate shall. if the ccrti ficatc purports to be signed by the inspector or other authorized officer of the NPPO. or of that bocl y. he sufficient evidence of the !'acts stated. unless the contrary is proved. The P/0111 Protection Act, 2012. (9) A n-otice~~erved under subsection (2) must-· f (a) specify the offence alleged: 30 No. 18 or 2012. ( /J) give such particulars of the offence as are nee , >-ii) .'o r gi\' ing reasonable information or the allegmion: and ( c) state (i) he period during which, by virtue of subsection (3). proceedings will not be insti tuted against any person for the offence: and (i i) the amount of the fixed penalty. (7) !n any proceedings for an offence to which this section applies. reference shall not be made after the conviction or the accused to the giving of any notice under this section or to the payment or non-pa ymen t or a fixed penalty hereunder unless, in the course or the proceedings or in some document which is before the Court in connection with the proceedings , reference has been made by or 011 hcllalr of the accused lo the giving of such notice or. as the case may be . to such IXl) 1uent or non-payment. ( 8) In this sec tion --proceed ings" means any criminal proceedings in respect of the act or omission constituting the offence specified in the notice served under subsection (2). and --co nvictecf' shall be com,trucd in like manner. .is. Limitation on liability ( I J The costs for any action taken by an inspector under section 35 shall be borne by the o,vner. L'XCept where in exceptional cases the NPPO determines th:tt the State shall bear the cosh . (2) Subject to scl'lion 46, the State shall not be liable for loss resulting lrom the destruction or disrosal of any plant. plant product or regulated article carried out under th is Act. 46. Compensation ( I J The Minister may, on the recommendation or the Board, out or money vo ted f'or that purpose hy Parliament, order compensation to be paid in respect of' ( o) the treatment required of premises for ,the purposes or this Act: or ( /1 ! the prohibition or restriction imposed under thi s Act on the use ol rrcmises . (2) Compensation is not payable to a person who commits an offence under this Act and claims compe n'.-.ation in respect or any premises or thing by mean s or or in relation to which the offence was C() llllllitted. No. 18 of 2012 31 The Plont Protection Act, 2012. PAE.TVII ? MISCELLANEOUS 47. Documents ( I) A document required to be furni shed to the Mini ster or an inspector under this Act or any regulation or order made thereunder may be furnished in electronic form. (2) Where a document referred to in subsection (I) is furnished in electronic form, an original hard copy of the document mu st be furnished to the Minister or an inspec tor within a reasonabl e period after the doc ument is furnished in e lec tronic form. 48. Regulations ( I) The Minister may. on the advice of the Board. make regulations and issue orders or notices which he consider'> appropriate to give effect to the provisio ns o f this Act. {2) In particular c1nd without prejudice to the genera lit y ol" subsection (I). regulation '>. order'> or notices made under subsection! I) may provide for all or any of the following: matters ( u) procedures to be fo llowed by an inspector in the exercise of his duties under this /\et : ( h) cond it ions ror the import of any plant plant product or regulated article; ( c ) the designation of the ports of entry that are approp riate for the import and export of any plant. pla nt product and regulated arti c le: (cl) the ci rcumsta nces under which phytosanitary re4uireme nts for import may be modil'ied based on pest risk analysis: ( c) procedures and guide lin es for pre-c learance inspections; (/) the manner in which permits and certificates shall be issued under thi s Act and the ir form. conten t and langu age: (g) the procedures by which an importer may apply for inspection to take place at any location other than the port of en try. and or outside of regular bu si ness hours. and pay any applicable rees: ( h ) the manner in wh ich containers must be scaled. marked and tran sported if they are to be in spected at their final dest ination rather than at the port of entry: ( i ) the way in which any plant. plant product and regulated article mu st be stored or trans ported in Anti gua and Barbuda: T/1e Plant Protection Act, 2012. 32 No. 18 of 2012. (j) the procec:!Lfres to be adopted for the treatmen-t of any imported plant. plant product ot' regulated artitle and the conveyance used for its importation ; ? ( k) the location , management and functioning of any plant quarantine station es tabli shed • under this Act; (I) the requirements for the control and care of any plant, plant product and regulated article kept or maintained at a plant quarantine station; ( m) the manner in which an inspector shall arrange for the destruction. removal , uproot ing or treatment of any plant. plant product or regulated article within an area or location declared as under quarantine: ( 11 ) the period within and conditions under which it shall not be lawful lo plant or re-plant any thing in all or part of an area declared as under quarantine; ( n) the manner in which any sample being transported or in storage must be taken. marked and retained under thi:-; Act: (I') the ope ra ting procedures of any offic ial laboratories designated under this Act: ( cJ) the process or procedure by which an area may be declared pest free or an area or low pest prevalence: ( r) conditions for the export of any plant, plant product or regulated art icle : (s) operating procedures for the inspection of any plant, plant product or regulated article, ancl any physical structu re or premi ses containing such a product or art icle . for purposes or export: (I) the offences subject to the fixed pena lty procedure outlined in section -.:J.4 : ( u) the notice to be issued to an offender pursuant to section 44: ( \') criteria ror th e declaration or a phytosanitary emergency under section 2 1 ( c) or 32 : (11·) determination or sca le of fees to be charged: ( .r) guide li nes. policy directives or protocols promoting cooperation between relevant dc partrncnts relating to plant protection; ( , J additional measures to be taken !"or the purpose of preventing the introduction or spread or a pest. " No. 18of2012 33 The Plant Protection Act, 2012. 49 1 Repeal and Savings (1) The Plant Protection Act, CAP. 329 is hereby repealed. (2) An order issued by the Minister under section 48 may revoke or modify any permit or certifi cate granted by authority of the legislation referred to in sub-section (1). (3) All regulations in effect upon the coming into force of this Act shall continue in force as if they were issued under the present Act, except where they conflict with the provisions or purposes of this Act. 50. Act to bind State This Act binds the State. Passed by the House of Representatives on the 26th November, 2012. D. Gisele Isaac-Arrindel, Speaker. Romona Small Clerk to the House of Representatives. Passed by the Senate 29th November, 2012. Hazelyn M. Francis, President. Romona Small Clerk to the Senate.