Plant Protection Act, 1986 (No. 19 of 1986)

GRENADA ACT NO. 19 OF 1986 I assent. PAUL SCOON 8th April, lp81 Governnr-General. An Act to provide for the control of dic:~:::ses ,ind pests in)urious to plants and to prevent the introduction of exotic species of the same. [ · I/th .-1pri/, /<)80 ]. Be it enacted by th~ Queen's Most Excellent Majesty. by and with the advice and consent of the Senate and House of Rerresentatives of Grenada and by the ailtho,ity of the same as follows: 1. This Act may be cited as the PLANT PROTECTION ACT. l 986 and sb.11 come int0 force on such a day as the Minister may annnint bv not.ice in the Gazetr<!. Short title and c.:>mmencc meat. Interpret;i• 2. In this Act h . 1 tion. ''carrier" refers to aircraft vessels ve 1c es or anv other means of transport: "designated officer" means an officer of the Ministry designated under section 16; "fruits and vegetables'' includes trees, shrubs vines. cuttings, gn1ffs, scions, buds, bulbs: roots, seeds, and any other p1ant part cap able of propagation; "··Minister'' means the Minister charged with responsibility for Agriculture and Ministry shall be construed accordinp-ly: "notifiable plant pest" means any plant pests of substantial economic importance for which measures must be taken for its eradication, control or to prevent its further spread: "occupier" in relation to any land or building means the person in actual occupation or, where there is no such person, the owner of the land er building; "owner" refers to the person who is for the time being entitled to reCL~ive the rent of any land or who, where the l.tnd let to a tenant, wou1d be entitled to receive the rent; "p1anting material" includes trees, shrubs. vine<;, Cllttings. ~r~fts, scic111s, h11d.:;, h1ilhs. roots, seeds. rmd anv otl,er plants part capable of propagation: •~plant pest" means any Hving stage of any insect mite. nematode, s:1ug. snail. protozo.1 or other invertebrate or ,ertebrate animal; bacterium. fungus. rwrasitic plant ur reproductive part thereof, virnses. rnyco plasrrs. or f'lll'l riro-a11 1cr>1 i::frr,ihr 0: ~,n,,r-1 with anv of the foreiwirn:! · c,=inable of causing damage to any rilant or plant product "plant product" means any substance; material or article of vegetable origin, including pollen, either processed or unprocessed, which is capable of transporting plant pests; ''Plant Quarantine Services" means the Plant Quarantine Services established undtr section 16; "receptacle" includes any package, box, con tainer, .:overing, wrapper or any article in which plants are, or have been imported, kept or conveyed, or which can serve to transport plant pests; "soil" refers to the loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an adn1ixture of organic matter and soluble salts. 3. Whenever the Minister shall determine that the Limitinz unrestricted importation into or movement within power. Grenada of any plu.nting maleriaL fruits, vegetables, plant products, plant pests, soil, or any other non-plant article may result in the entry or movement of plant pests, he is authorised to prohibit or otherwise restrict the importattor~ or movement of such p!anring material. fruits and vegetables. plant products, plant pests, soil or non-plant products to protect the agricultmal resources of Grenada. 4. The Minister may, by order published in the Promutg:1tion Gazelle, make rules and regulations as may be ti~n~.eglli:i. necessary for carrying out the provisions of this Act. 5. Products and articles named in section 3 moving Ma!L in the mail shall be subject to regulations administered jointly by the Postal Service and the Plant Quarantine Service. Official importations. Pe:mit req ui ren1ents. F..me1gency :,crF.ii ts. Gcrtilication requirements. Po~t-ent[) quarantine. 6. Planting material, plant pests or live beneficial organisms may be imported by thi;; Ivliifr;try for e:-:peri. mental purposes only under such conditions and regula. tions specified by the Minister. 7. No person may import or offer for entry into the State any planting material, fruits, vegetables, plant products, plnnt pests, predators or parasites of plant pe~t~, or soil exc e~t under ~ p er m i t issue9 by the M1mster. The Mm1ster may issue such a penmt subject to the conditions prescribed by this Act and the Regulations made thereunder. 8. The Minister may issue an emergency permit for the entry of certain pre-determined planting rnaterial1 fruits, vegetables and plant products offered for entry and for which no permit was previously granted provided the articles are found to be free of plant pests ,rnd its introduction is justifiable. 9. All planting materi.1], fruits. vegetables, plant :Jroducts, plants pets, live beneficial organisms, or soil imported into Grenada must be accompanied by a 1Jhytosanitary certificate issued by the aprropriate ;~overnmental agency of the exporting country that ::onforrns to the model ricoptccl by the International Plant Protection Convention of 1951 of wbich Grenada is signatory and to any amendments thereto or to any Convention in substitution therefor accepted by Grenada. 10. The Minister may hy order (a) limit the importation of planting material. fruits. ve2:ctables. ulant products, plant pests, and~ soil or· a{w of them as he maY :1eem necessary; (b) require that imported planting material be grown in deti.::;ntion by or under the super vision of the Ministry and if found infested or infested with plant pests, to prescribe remedial measures as may be necessary to prevent their establishment and spread. 11. When a permit l1as been granted in the irnporta- Order n1(;l1ify tion of planting material, fruits, vegetables, plant rni; perirnt. products, plant pests, live beneficial organisms or soil, but an order affecting this permit is subsequently made under section 4 the permit may be revoked or modioed as may be required so as to have the entry requirements of the material or articles under consideration conform to the order under consideration. 12. It shall be the duty of the Comptro11er of Customs Arr i::il . and Excise through an authorized officer t,) pron1ptly n° 11 nc:ition. tlotify the Plant Quarantine Service of the arrival of any planting material, fruits, vegetables, plant products. plant pests, soil, or other articles regulated by this Act at the port of arrival and, further not tc release or dispose of the material or article unless so m1thorized by the Plant Quarantine Service. · 13. Articles or products which are prohibited or Safeguards. subjected to restricted entry for importation under the provisions of this Act or orders thereunder if tem porarily in the State or territorial waters are subject to such orders as may be deemed necessary by the Min ister to carry out the purposes of this Act. This also applies to carriers, their store~ and furnishings. 14. The Minister may make regulations or orders Exp ort . 'd f th • , cert1ficat1<•n. as he deems necessary to prov1 e or e mspect10n of domestic plants and p1ant products offered for export and to certify to shippers and interested Exclusion of liability. parties as to the freedom of such products frolll injurious plant pests according to the phytosanitar · requirements indicated on the model certificate adopte~ by the International Plant Protection Convention of 1951, or as amended or replaced by a new Convention and accepted by Grenada. 15. No liability may be attached to the Government of Grenada for the destruction of material brought into the State in violation of this Act or the Orders issued pursuant thereto. Likewise, the Government is under no liability for any damage done, or delays incurred by treatments or other quarantine action deemed necessary and performed under existing laws. All such treat ments are performed at the sole risk of the importer. . 16. The Minister may establish Plant Protection ~t:rb~i~~1 ent and Plant Quarantine Services as may be required to proLect the agricultural resources of Grenada and, in writing, desigriate officers of his Ministry to administer and enforce the provisions of this Act Enforcement authority. 17. Any designated officer shall be furnished with suitable identification and may (a) if he has cause to believe that any person, receptacle or carrier coming into or moving 1 within Grenada possesses, con ta ins or( carries any planting material, fruits, vege- · tables, plant products. plant pests, soil or non-plant articles that constitutes a risk to. the agriculture of Grenada, the entry of which fa prohibited or restricted by the pro· vision of this Act or orders issued pursuant thereto, may stop, and without warrant, search and examine such person, recepta· cles or carriers and seize, detain, treat destroy or otherwise disrose of such plaut· ing material, fruits, vegetables, plant products, plant pests, soil or other articles brought into or moving within the State in violation of this Act; and (b) jf he has cause to believe that a notifiable plant pest may be present on any land, enter on such land and without warrant carry out survey and detection programmes as wel1 A.s treat, destroy or rem0vc planting materials, fruits" vegetables, plant products, plant pests and soil. but he shall ir:form the occuoier. if present at the time, of his inten tion to enter, search, examine and jf necessary to treat, con fl.sea te or destroy. 18. The Minisfer may make orders necessary to Prevention d Order. prevent the spread of plant pests in Grena a and therein may: (a) identify tht notifiable rest nnder consldern tion; (h) determine the J;rnd or nurserv to be n1aced under quarantine ::rnd advis~ the occupier 0r mVT1er in writing accr.rdinglv: fr) set forth the action to be taken by Govern ment c1nrl the occupier or owner in order to control the p]ant pest as well as djspose of the uhnting rn::iterial. fruits. vcvetablPS and plant Droducts 011 the l11nd or nursery under ammrntine: and {d) restrkt rirohibit or contro1 the cultivation and harvestin iz of any nlanf on hind or iiursery under quarantine. Occupier Pest control notice. Failure to comply wilh notice 19. The occupier or owner of any land or nursery on which a suspected or identified identifiable pest is found shall, as soon as possible, advise the Ministry accordingly. 20. Any designated officer may, by notice in writing served upon the occupier or owner of any land or nursery and which describes the measures t0 be taken to prevent further spread and to control or eradicate the notifiable pest mentioned therein. require the occupier or owner to: (a) a't his own expense and within the time as specified in the notice take such measures as may be recommended or required to prevent the spread, control or eradicate the notifiable pest: (h) be responsible for the implementation of control or eradication measures even if they are not stipulated in the written notice. 21. \Vhcre an occupier or owner fails to take any measures which he is required to take by notice given under section 20, upon expiration of the time specified therein. a designated officer may enter the land or nursery and implement or cause to be implemented the measures to he taken. Re:mt-urse.. 22. Any expenses incurred by a designated officer rnent of costs•in connection with those measures shall be reimbursed by the occupier or owner, and may be recovered by the Chief Plant Protection Officer as a civil debt. Waiving of e;i;penses. 23. The Minister may waive repayment of expenses incurred under section 22 for any justifiable reason as may be detennined by him and based upon sub· stantiated facts submitted in writing. 24 The notice served to the occupier or owner of Durati0 1 !1 of . d . 20(b} h 11 • . quaran me. land or a nursery un er sectwn s a remam m force until the Ministry gives the occupier or owner a ~rtificate in writing declaring that the land or nursery 110 longer is under quarantine. 25. While the notice served under -secti0n 20(b) is Removal of · · h 11 b 1 wf 1 t h plants under m force, 1t s a e un a u o remove or ave re- quarantine moved any planting m<1teriaI, fruits, vegetab]es, plant products or soil from the land or nursery under quaran tine unless so auth -::irizect in writing by the Ministry. 26. It sha]] be the responsibility of the Ministry Determ!□atioa . .f ·~ bl h b d" t d of erad1ca-to determine 1 any not111a e pest as een era 1ca e tion. and any inspections of land or nurseries to determine this shall be cnrried out by an authorised officer or officers flt no cost to the occupier or owner. 27. Where no person is in actual occupation of any Inab1Uy to land or where the occupier or owner cannot be ~~~};ier or located) service of any notice unde,. this Act may be owner. made by affixing the notice to a crinspicuous place on the land and snch nffixing shall he considered as an authorised service of notice. 28. The Minister if authorised tn compensate. out Compcnsa of moneys voted for that purpose by Parliament, tion. occunier<: and owner) of lands ancl nurseries whose ~ealthv pl::rnts. n1ant1nr,: m8teria1. fruit.::. verretc1hle,:; >incl food nroducts have been destroyed ir. order to achiev~ :rarlication or nrevent the further snren.d of an idenfr6able pest. · 29. The Minister sha11 appoint a Plant Protection Plant Protec· Board (hereinafter r-eferred to as "The Board") which tion Board· sliall consist of the fn110winq- mf'!mhers: (a) the Chief "Plant Protection OIBcer \Vho also shall serve as Chairman of the Board; (b) an entomologist and a plant pathologi$f attached to the Pest Management Unit of the Ministry; (c) the officer in charge of the Plant Quarantine Service who also shall serve as Secretary to the Board; (d) a senior Extension Officer of the Ministry of Agriculture; (e) a Government legal officer nominated by the Attorney General. Appointment 30. Where a member of the Boara 1s unable to serve, of n.Iternates. the Minister may appoint an alternate to the Board who shall serve in his stead, except that in the case of (e) of section 29 the alternate shall be nominated by the Attorney General. Bo:ird duties. 31. The duties of the Board are to advise the Minister on all mattl!rs covered under this Act and in particular to advise on : (a) making or amending orders or regulatjons authorized under this Act; (b) the declaration of any plant pest as a notifiable plant pest; (c) the status of planting . material, fruits, vegetables, plant products, plant pests and soil that are being offered or may be offered for importation; and (d) the management, operation and physi9al requirements of the Plant Quarantine Service. 32, As concerns meetings of the Board : (a) they must be convened at such times as may be necessary or expedient for the efficient performance of its functions a n d & s the Chairman may direct; (b) four members shall constitute a quorum; (c) when the Chairman or his alternate is unable to preside, the members forming a quorum may elect a Chairman from among their number to preside over that meeting; and (d) the decisions of the Board are by a :majority of votes of the members present and in case of a tie, the person presiding shall~ in addition to his original vote, cast the tie breaking vote. Board rneeti □ gi. 33. The Board may co-opt any one or more persons Advisers to to attend Board meetings for the purpose of assisting or Board · advising the Board, but who shall have no right to vote. 34. A member of the Board appointed under section Duration of 29 and 30 may: appointment to Board. (a) hold office for the period specified in his instrument of appointment; (b) be eligible for re-appointment; and (c) at any time resign his office by submitting an instrument in writing to the Secretary of the Board. 35. Any person who (a) violates any provision of this Act; Penalties. Repeal Cap. 220. (b) alters, forges, counterfeits, defaces or destroys any document or certificate provided for in this Act; {c) obstructs, impedes, assaults or causes bodily harm to any employee of the Ministry ia the execution of his powers under this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months or to both. 36. The Plant Protection Ordinance, C:1p. 220 is re pealed. Passed by the House of Representalives this 28th day of February, 1986. CURTIS V. STRACHAN Clerk to the Rouse of Representatil'es. Passed by the Senate this 27th day of March, 1986. CURTIS V. STRACHAN Clerk to the Senate.