Plant Protection and Quarantine Act (Cap. 58:40)

LAWS OF DOMINICA PLANT PROTECTION AND QUARANTINE ACT CHAPTER 58:40 Act lOofl986 Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-37 111991 L.R.0.1I1991 2 Chap. 58:40 LAWS OF DOMINICA PlantProtection andQuarantine Index of Subsidiary Legislation Plant Protection (Importations) Regulations Plant Protection (Import Prohibition) Regulations Note on Omission Page 14 37 The PlantProtectionandQuarantine(Unroastedor Unprocessed CoffeeBeansimpor tation Prohibition)Order 1986(S.R.O.44/1986)made Wider section7 of the Act has been omitted. LAWS OF DOMINICA PlantProtection andQuarantine CHAPTER 58:40 Chap. 58:40 3 PLANT PROTECTION ANDQUARANTINE ACT ARRANGEMENT OFSECTIONS SECI10N 1. Short title. 2. Interpretation. 3. Permit requiredfor restrictedarticles. 4. Applications for and restrictions on grantof permits, 5. Emergency permits, 6. Officialshipments. 7. Minister may prohibit or regulate importation of restricted articles. 8. MinistermaybyOrdertakestepstopreventthespreadofplant pests. 9. Ordermodifying permit. 10. Notification of artival or movement in the mail. 11. Safeguards. 12. Export certification. 13. Exclusionofliability. 14. Occupierresponsibility. 15. Pest controlnotice. 16. Failure to complywith notice. 17. Reimbursement of costs. 18. Debt recovery. 19. Waiving of expenses. 20. Durationof quarantine. 21. Removalof plantsunder quarantine. 22. Determination of eradication. 23. Inability to locate occupieror owner. 24. Compensation. 25. Establishment of Plant Protection and Quarantine Service. 26. Power of Plant Protectionand Quarantine Service. 27. Penalties. 28. Regulations. 29. Savings. SCHEDULE. L.R.O.1I1991 4 Chap. 58:40 LAWSOFDOMINICA PlantProtection andQuarantine CHAPTER 58:40 10 of 1986. Commencement. Short title. Interpretation. PLANT PROTECTION AND QUARANTINE ACT AN ACT to provide for the protection ofthe agricultural resources of Dominica from dangerous plants, pests and diseases. [27thMarch 1986] 1. This Actmaybe cited as the PLANT PROlECTION AND QUARANTINE ACT. 2. In thisAct "carrier" refers to aircraft, vessels, vehicles or any other means of transport; "fruits andvegetables" includeall edibleportions of foodplantsin the rawor unprocessed state; "Minister" means the Ministerresponsible for Agriculture; ''notifiableplantpest" meansany plantpestsof substantial economic importance for whichmeasures must be takenfor its eradica tion,controlor to prevent its further spread; "occupier"in relation to anylandorbuilding means thepersoninactual occupation or, where thereis no suchperson,theownerof the landor building; "owner" refers to thepersonwhoisforthetimebeingentitledto receive the rentof anylandor who, werethelandlet to a tenant, would be entitled to receive the rent "plantingmaterial"includestrees,shrubs, vines, cuttings, grafts, scions, buds,bulbs, roots, seeds, and any otherplant part capableof propagation; ''plantpest"means anylivingstageofanyinsect,mite.nematode, slug, snail, protozoa or other invertebrate or vertebrate animal, bacterium, fungus, parasitic plantor reproductive partthereof, viruses, mycoplasma, or any organism similaror allied with anyofthe foregoing capable ofcausingdamage to anyplantor plantproduct; LAWS OF DOMINICA PlantProtection andQuarantine Chap. 58:40 5 "plantproduct"meansanysubstance, materialorarticle orofvegetable origin, includingpollen,eitherprocessedorunprocessed, which is capableof harbouring or transporting plantpests; "PlantProtection andQuarantine Service" means thePlantProtection and Quarantine Serviceestablished undersection 25; "receptacle"includes anypackage, box, container. covering, wrapper or anything whatsoever in which plants are, or have been imported, kept or conveyed. or which can serve to transport plantpests; "soil" means the loose surface material of the earth in which plants grow, which consists mainly of disintegrated rock with an admixture of organicmatterandsoluble salts. 3. SubjecttothisAct,nopersonshallimportorofferforentryinto Pennit required Do . . lanti ial frui bl 1 rod for restrictedIIl1III.ca any p antmg material, ts, vegeta es, p ant p uets, articl es. plantpests, soil or anyothernon-plant articles (hereinafter referred to as "restricted articles") unlesshe firstobtains a permit in accordance withthis Act. 4. (1) Applications forpermits shallbemadetotheMinisterinthe Applicatio~. for . and restncnons mannerprescnbed. on grant of (2) Where theMinisterdecides togranta permit, heshalldo so pennits. in accordance with this Act and on such terms and conditions as he considers apMpropriate. (3) Withoutprejudicetoanyotherterms andconditions subject to whichapermitmaybegranted. it shallbea condition ofeachpermit that (a) eachimportation of a restricted article is accompanied by aphytosanitary certificate issuedbytheappropriate government department or agency in the country; (b) the certificate referred to in paragraph (a) shall be similarto that adopted from timeto time by the Inter national Plant Protection Convention of 1951 or an amended model; and (c) planting materialshall, where the Ministry of Agricul ture considers it necessary. be grown locally by or under the supervision of the Ministry and if found L.R.O.1Il991 6 Chap. 58:40 LAWS OF DOMINICA PlantProtection andQuarantine harbouring or likely to harbour plant pests, shall be subjecttosuchremedial treatment asmaybestipulated. Emergency permits. Official shipments. Minister may prohibit or regulate importation of restricted articles. Minister meyby Ordertake steps to prevent the spread of plant pests. 5. TheMinisteris authorised to issueanemergency permitforthe entryof certainpre-determined restricted articles offeredfor entryand forwhichnopermitwaspreviouslygrantedprovidedthearticle isfound to be free of plantpests andits introduction is justifiable. 6. Anyrestricted articleimported by the Ministry of Agriculture forexperimental purposes shallbeimported undersuchconditions and regulations as specified by the Minister. 7. (1) Notwithstanding section 3,theMinister, ifitappears tohim thattheimportationofarestrictedarticleintoDominicais likelytoresult in theentryor spreadof a plantpest,mayby Orderprohibitor regulate the importation of any suchrestricted article into Dominica. (2) An Orderundersubsection (1)may (a) whereit regulates theimportation of a restricted article into Dominica, specify conditions subjectto whichthe articlemaybe imported; (b) directorauthorise theseizureordisposalofanyrestricted article, the importation of whichis prohibited or does not satisfythe conditions specified in the Order. 8. (1) TheMinistermaymakesuchOrders ashethinks necessary orexpedient forthecontrol oforforpreventingthespreadofplantpests in Dominica. (2) An Ordermadeundersubsection (l) may (a) identifythe notifiable plantpest underconsideration; (b) determine the landor nursery to beplacedunderquar antine and advise the occupier or owner by notice in writing accordingly; (c) set forththe actionto be takenby the Plant Protection and Quarantine Serviceand the occupieror owner in order to controlthe plantpest; (d) restrict. prohibitor control thecultivation and harvest ing of anyplant on any landor nursery underquaran tine; LAWS OF DOMINICA Plant Protection and Quarantine Chap. 58:40 7 (e) directorauthorisethedestruction,removalortreatment of any restricted article; if) restrictor prohibitthe movement, selling, exposing or offering for sale or the distribution of a restricted article; or (g) direct or authorise the entering on any land for the purposeofdestroying, removing ortreating arestricted article in respect of which an Order is made under subsection (1). 9, When a permit has been granted for the importation of any Orde~ modifying restricted article, but an Orderaffecting thispermitis subsequently set permit, forthas authorised undersection7 or 8, the permitmay be revoked or modified soas to conformto the Orderunderconsideration. 10. The Comptroller of Customs, through an authorised officeror N~fication of anyofficerof thePostalServicethrough thePostmaster General, shall ~:~:t in the promptly notifythe PlantProtection andQuarantine Service- mail. (a) in thecaseof the Comptroller of Customs, of the arrivalat the port of entryof any restricted articles regulated by this Act; or (b) inthecaseofthePostalService,ofthemovement inthemail of any restricted articlesregulated by thisAct, and further shall not release or dispose of the articles unless so authorised by the PlantProtectionandQuarantine Service. 11. A restricted article whichis prohibited or the importation of Safeguards. which is regulated by this Act or Orders issued pursuant thereto, if temporarily in the country or territorial waters of Dominica is subject tosuchregulations astheMinistermayprescribe. Allcarriers, including ships and aircraft, their stores and furnishings while the carriers are temporarily in the territory of Dominica shall be subject to such regulations. 12. TheMinistermaymakesuchOrders andusesuchmeansashe Expon eenifica thinks necessary to providefor the inspection of domestic plants and non. plantproductsofferedforexportandtocertifytoshippers andinterested parties as to the freedom of such products from injurious plant pests according to the phytosanitary requirements indicated on the model L.R.O.1Il991 8 Chap. 58:40 LAWS OF DOMINICA PlantProtection andQuarantine Schedule. Exclusion of liability. Occupier responsibility. Pestcontrol notice. Failure to complywith notice. Reimbunement of costs. certificate adopted by theInternational PlantProtection Convention of 1951 and set out in the Schedule. 13. Noliability maybe attached totheGovernment ofDominica or anydulyauthorised officerforthedestruction of material brought into Dominica in violation of this Actor anyOrders or Regulations issued pursuant thereto. Likewise, theGovernment is in no wayliableforany damage done. or delays incurred by treatments or other quarantine action deemednecessary andperformed undertheexisting Orders. All suchtreatment are performed at the soleriskof the importer. 14. The occupier or owner of any land or nursery on which a suspected or identified notifiable plantpestis foundshall, as soon as possible, advise the PlantProtection and Quarantine Service accord ingly. 15. Any authorised officer of thePlantProtection and Quarantine Service may,bynoticein writing servedupontheoccupier orownerof any land or nursery and which describes the measures to be taken to prevent the further spreador to control or eradicate the notifiable pest underconsideration, require theoccupier or ownerto (a) at his own expense and within the time specified in the notice. take such measures as may be recommended or required to prevent the further spread. or to control or eradicate thenotifiable pestorpests; (b) be responsible fortheimplementationofcontrol oreradica tionmeasures evenif theyarenot stipulated in the written notice. 16. Where anoccupierorownerfails totakeanymeasures whichhe isrequiredtotakebynoticeundersection 15.uponexpirationofthetime specifiedin thenotice, anauthorised officerof thePlantProtection and QuarantineServiceshallenterthelandornursery and haveimplemented themeasures to be taken. 17. Any expenses incurred by an authorised officer of the Plant ProtectionandQuarantineServiceinconnectionwiththosemeasures to be takenunderanoticeissuedundersection 15.shallbe reimbursed by the occupieror owner, whoever may be responsible for operating the landor nursery. LAWS OF DOMINICA PlantProtection andQuarantine Chap. 58:40 9 18. Any expenses for measures as described undersection16 are Debt recovery. recoverable asadebt which, untilpaid,are considered asthefirstcharge uponthe land or nursery affected by thenotice. 19. The Minister may waive repayment of expenses referred to Waivingof undersection18for anyjustifiable reason, which shallbedetemrlned expensee. bytheMinisterandbaseduponsubstantiatedfactssubmittedin writing. 20. A noticeserved on the occupier or ownerof land or a nursery Durationof undersection8(2)(b) or section15shallremain in force untilthePlant quarantme. Protection and Quarantine Service gives the owner or occupier a certificatein writingdeclaring thatthelandornurserynolongerisunder quarantine. 21. Whilea noticeserved undersection 8(2)(b) or section15is in Removalof force, it shall be unlawful to remove or have removed any restricted :::~r article fromthe landor nursery underquarantine unless so authorised by the PlantProtection and Quarantine Service in writing. 22. It shallbe the responsibility of the PlantProtection and Quar- Determination of antine Service to determine if any notifiable plant pest has been eradicanon. eradicated and any inspections of land or nurseries to detemrlne this shallbecarriedoutbyanauthorised officer or officers atnocosttothe occupier or owner. 23. Whereno personis in actual occupation of anyland or should Inability 10 locate it notbepossible to locatetheoccupier orowner, service of anynotice =:.er or underthis Act shall bemadeby affixing the noticeto a conspicuous placeonthelandandsuchaffixing shallbeconsidered asanauthorised service of notice. 24. TheMinisterisauthorised to compensate, outofmoneys voted Compensation. for that purpose by the State, occupiers and owners of lands and nurseries where anyhealthy plants, restricted articles or foodproducts have been destroyed in order to achieve eradication or prevent the further spreadof anidentifiable pest. 25. Thereis hereby established forthepurposes of this Acta Plant Establishment of Protection andQuarantine Service which shallcomprise officers ofthe ::~=': Ministry of Agriculture designated in writing by the Minister to Service. administer andenforce the provisions of this Act.The purpose of the L.R.O.1I1991 10 Chap. 58:40 LAWSOF DOMINICA PlantProtection and Quarantine Power ofPlant Protcclioo and Quarantine Service. PenaltiCII. Plant Protection and Quarantine Service is to prevent the entry into Dominica ofplantpests,which arelikelyto affectadversely anysector ofthelocalagricultural industry andtogenerallyprotect theagricultural resources of Dominica. 26. (l) The Plant Protection and Quarantine Service shall have powerto do all thatis necessary or incidental to theeffective carrying out of the provisions of this Act and anyOrders or Regulations made thereunder. (2) Without prejudice to the generality of subsection (1), any PlantProtection and Quarantine Officer designated in writing by the Minister undersection25 to administer andenforce the provisions of this Act, who is furnished with suitable identification, shallhave the power (a) if hehascauseto believe thatanyperson, receptacle or carrier coming into or moving within Dominica pos sesses, contains or carries any restricted articles that constitute a risktotheagriculture ofDominicatheentry ormovementofwhichisprohibitedor restrictedbythis Act or Orders issued pursuant thereto, to stop and without warrant, search and exantine such persons, receptaclesorcarriers andseize,detain, treat,destroy or otherwise dispose of such restricted articles brought intoormovingwithinDominicainviolationofthisAct; and (b) if he has causeto believe that a notificable plant pest may be present on anyland,to enteron suchland and without warrant to carryout survey anddetection pro grammes as well as to treat,destroy and remove any restrictedarticles, hebeing required,however, toinform the occupier, if presentat the time, of the intention to enter,search, examine, treat,destroy or remove. 27. Anypersonwho (a) contravenes any provision of this Act or the Regulations madethereunder; (b) alters, forges, counterfeits,defacesordestroysanydocument or certificate provided for in this Act; or LAWS OF DOMINICA Plant Protection andQuarantine Chap. 58:40 11 rc) in any mannerobstructs, impedes, or commits an assault upon or causes bodily harm to any duly authorised em ployeeofthePlantProtectionandQuarantineServiceorthe Ministry of Agriculture in the execution of any of the powersconferred by this Act, is liable to a fineof five thousand dollars and to imprisonment for six months. 28. TheMinistermaymakeRegulations asheconsiders necessary Regularicns. orexpedientforcarrying outtheprovisions ofthisActandinparticular maymakeRegulations (a) prescribing anything which is required by this Act to be prescribed; (b) governing theprocedure relating to the issueof pennits; (c) authorising thekeeping of a restricted articlein a specified place; (d) describing the measures to be taken where a restricted articleis kept in a specified place; (e) providing for the revocation of permits; if) providing fortheinspection ofnurseries or anyotherplace where plantsaregrownforthe purpose of sale; (g) providing forthe treatment of buildings, vehicles, shipsor aircraft in whicha restricted article is or wasconveyed or stored; (h) regulating the importation of a restricted article; (i) prescribing what fees are to be paid where treatment or quarantine actionwasgivenor taken. 29. All Regulations madeunderthePlantProtection and Quaran- Savins·· tine Act 1972(repealed by this Act)or having effectas if made under 160f 1972. theAct shallcontinue in force untilrevoked. L.R.O.1Il991 12 SeoIion 12. Chap. 58:40 LAWS OFDOMINICA PlantProtection and Quarantine SCHEDULE PHYTOSANITARYCERTIFICAJE PLANTPROJECTIONAND QUARANTINE SERVICE TIllS ISTOCERTIFY thattheplants,partof planIS or plantproducts described below, or representative samples of them, were thoroughly examined on 19 by an authorised officerof thePlant Protection andQuarantine Serviceand werefoundto thebestof his knowledgeto be substantially freefrom injurious diseasesandpests, and that theconsignmentisbelievedtoconform withthecurrentphytosanitary regula tionsofthe importingcountrybothasslatedintheadditionaldeclaration hereon andotherwise. Fumigationor disinfection treatment (if any) Date Treatment . Durationof exposure Concentration . AdditionalDeclaration . Signed . OfficialStatus . Date . DESCRlPTION OFCONSIGNMENT NameandaddressofExporter .. Nameandaddressofconsignee . No.anddescription of packages, weight .. Distinguishingmarks .. Origin(Grownat) . (Please statepreciselocation) LAWS OF DOMINICA Plant Protection and Quarantine Chap. 58:40 13 Meansofconveyance . Point and placeof entryin importing country .. Quantity andnameofproduce .. L.R.O.111991