Importation of Plants Regulations

CHAPTER 143 PLANTS IMPORTATION AND REGULATION ACT SUBSIDIARY LEGISLATION Importation of Plants Regulations made under Section 4 Regulations 11 of 1936, L.N. 83 of 1963. 1. These regulations may be cited as the Importation of Plants c;iation. Regulations. 2, In these regulations " Plant Interchange Schedule" means a Schedule of West African countries in respect of which agreements have been made with the Government of The Gambia concerning the making and enforcement in such countries and The Gambia of regulations Definitions. I 1upocrarion .,r plan~ Prolubilion oi importation "f trrta.in pl,1111:., etc. i'.11..,Unmauon .,f pla.111s by. governing the interchange of plants and seeds of plants. A country shall be deemed to be included in the schedule upon publication of a notification by the Minister to that effect in the Gazette and until like publication of a similar notification to the contrary; ·· inspector" means the Director of Agriculture or any person appointed by the Director of Agriculture to be an inspector for the purpose of these regulations. 3. No person shall import or cause to be imported into The Gambia any plant or seed except by post or through the Port of Bathurst. 4. The following plants, produce and seeds shall not be imported into The Gambia~ (a) all plants in soil other than special rooting compost; (b) all plants of cocoa from Central America, South America and the West Indies; (c) all plants other than cocoa from Central America, South America and the West Indies and other countries, which are specified by the Minister by a notification in the Gazette, to be countries in which witch-broom disease of cocoa is known to occur, except plants required and imported by the Agri cultural Department for scientific purposes; (d) all coconuts in husk from Central and South America, Trinidad and Tobago, Grenada, and St. Vincent (West Indies); (eJ all coffee cherry unless accompanied by a certificate of freedom from mealy pod disease issued by the Government agricultural authority of the country of export; (J) all cotton seed except seed free from lint. 5. (I) (a) Any plant or seed, except seeds, bulbs, tubers or corms of vegetables or ornamental plants from temperate countries or dry h,dkd rice, coffee or pulses for consumption, and any accompanying container brought to The Gambia by steamer, post or other channel m,1y, before- being delivered to the consignee or addressee, be examined by a Customs officer for the purpose of determining whether the plant or seed appears to he one whose importation is forbidden or whose importation is subject to precautions being taken in accordance with these regulations; and if the Customs officer considers that any plant, seed or container appears to be such, then he shall detain the parcel or consignment while he consults an inspector, or until an inspector has examined it, or he may send the plant, seed or container to the Agricultural Department at Cape St. Mary for inspection or treatment. The consignee or addressee shall be liable, at the discretion of the Comptroller of Customs and Excise to pay any expenses incurred by the Customs officer or the Agri cultural Department, notwithstanding that the plant, seed or con t;iiner has to be destroyed. If the consignee or addressee is not prepared to incur such expense, then the plant or sei,d shall be immediately destroyed by the Customs officer. (b) It shall be the duty of the consignee or his agent to open the container and to afford any facility to the Customs officer or to the inspector of the plant or seed, as may be required of him. (2) Any such plant or seed together with all other articles in the · same container and packing material may, where deemed necessary by an inspector as a: precautionary measure against the introduction of any pest or plant disease, be disinfected or fumigated by and to the satisfaction of the inspector at the expense of the consignee or addressee,in default of which the consignment or package may be refused entry into The Gambia or may be destroyed by the inspector. (3) If any plant or seed be found actually infected in whole or in part by any pest or plant disease, it shall together with all other articles in .the same receptacle and all packing material be destroyed by the inspector without delay; Provided that if the inspector considers that such plant, seed, other articles and packing material can by any treatment available be cleaned, disinfected or fumigated so as to entirely eradicate the pest or plant disease, and the consignee pays the expense of such treatment, the inspector may cause the same to be treated accord ingly. 6. Subject to the provisions of these regulations, the importation of plants and seeds of plants shall be governed by the following provisions Permits rcquiccd to import certain plants, etc. Sdaedulc l. Appln:atiom for pami1s. Form vJ pcmot. Sdu-duk 11. (a) Importations of plants and seeds of plants set out in Group A in schedule I shall be permitted from countries included in the Plant Interchange Schedule only under permit signed by the Director of Agriculture first obtained, and in accordance with any special conditions which may be stated in such permit; (b) importations of plants and seeds set out in either Group A or Group B in schedule I from countries other than those included in the Plant Interchange Schedule shall be permitted only under permit signed by the Director of Agriculture first obtained and in accordance with any special conditions stated in that permit. Such a permit will only be granted for plants included in Group A when they are needed for special scientific purposes, and the Director of Agriculture is satisfied that the plants will be grown under the observation of a person with special knowledge of the pests and diseases of plants and under such conditions as should preclude any possibility of the introduction of any dangerous pest or plant disease; (c) no permit shall be required for the importation of plants and seeds of plants set out in Group B in schedule I from countries included in the Plant Interchange Schedule. 7. ( 1) Applications for permits shall be made in writing to the Director of Agriculture, and shall state (•) the full name, residence and postal address of the applicant; (b) the name and address of the person from whom it is proposed to obtain the plants; (c) the botanical name or the generally accepted popular name and varietal names of the plants and the number of each variety it is desired to import; ( d) the locality in which it is proposed to grow the plants. (2) The applicant shall supply the Director of Agriculture with any other particulars which he may require. 8. Permits to import granted by the Director of Agriculture shall be in the form set out in schedule II hereto as far as circumstances permit. 9. Health certificates, which are required from Government agri cultural authorities to accompany imports by any permit issued under these regulations, shall so far as practicable be in the form set out in schedule III hereto, or in a form substantially to the like effect. 10. Any person who contravenes any of the provisions of regula tions 3, 4, 5 (1) (b) and 6 shall be liable on conviction to a fine of fifty pounds. 11. In order to facilitate compliance with these regulations, officers of the Agricultural Department will on application advise intending importers of plants or seeds. SCHEDULE I GROUP A Plants and seeds of cocoa, cotton, cassava and all species of musa; plants (but not seed) of oil palms and of all species of citrus. GROUP B Plants (but not seed) of coconuts and kola, plants and seed of coffee ( except hulled and dried berries for consumption), groundnuts, yams, rice (except hulled rice for consumption), pulses (except dry shelled seeds for consumption), guinea corn, millets, maize and rubber. SCHEDULE II The Importation of Plants &gulations PERMIT TO IMPORT Permission is hereby given to ....... , ................ of .......................... . to import into ........................ from ........................... the following .................... ·········· ................. , ....... ,.,,, .................... , .......... .. (Signed) ............. , ........................ . Director '!{ Agriculture HeaJtl1 c~rtificates. ScheduJe UL P~nalty. Advice by Agricultural Department, Regulation 6. Regulation 8. Regulation 9. This permit is granted subject to the following conditions (a) The articles imported shall be accompanied by a certificate in the form required by the Importation of Plants Regulations from the Government agricultural authority of the country of export. ( b) It shall be inspected by an inspector before importation, and if deemed necessary1 disinfected or fumigated. (c) It shaH be planted out in a quarantine area and be subject to inspection and, if necessary, treatment or destruction by the AgricuJtural Department for a period of .................. months from the date of introduction. (d) (.- y other conditions.) .- y or all of the foregoing conditions (a), (b) and (c) may be omitted or altered as the Director of Agriculture shall decide. SCHEDULE III CERTIFICATE Th. . .fy h a representative sample of the living plants, or { the living plants OI' plant products, or 1s 1s to ceru t at plant products ( strike out the words not applicable) included in the consignment, of which particulars are givenbelowwere/was thoroughly examined on the (date) ........................ by (name)., ........ .. . ... .............. a duly authorised official of the ..................... and found to be healthy, no evidence of the presence of any injurious insect, pest, or d . { (destructive to vegetation) isease d . . 1 1 h . 1 al ) ( estrucuve to agncu tura or orucu tur crops (insert words in ( ) if required by existing legislation) having been found in/on them and that the consignment (including the packing) covered by this certificate has/has not been treated in the following manner (e.g. fumigated with ........................ or disinfected . {prior w1tb ........................ ) immediately subsequent to inspection on the ........................ day of.. ...................... 19 ... . lnspected } . h fi Id b d I h . d . ., . d m t e e y a u y aut arise mspector. ~,ot mspecte (Signalure) ...................................... . (O.fficial Status) ...................................... . Importation of Plants Regulations [CAP. 143 Dated this ........................ day of ........................ 19 .. .. Number and description of packages ............................................ . Distinguishing marks ............................................•...... , ............. . Description of living plants or plant products or parts thereof .............. . . . . . ········ .............. ' ............. ' ................................................... . Stated to be grown at .............................................................. . Exported by .......................................................................... . Name and address of consignee .................................................. . Name of vessel or particulars of route .............................. , ............. . ····························································································· Date of shipment ....................................................... , .......•. , .. . Port or place of entry ................................................................ .. Additional certificate(s) attached .................................................. . (Give here details of any special certificate or certificates issued in respect of imports specially scheduled by the importing country.) 3907