Plant Quarantine Decree of 1978 (No. 1433)

, , ~l i MALACANANG MANILA PRESIDENTIAL DECREE NO. 1433 PROMULGATING THE PLANT QUARANTINE LAW OF 1978, THEREBY REVISING AND CONSOLIDATING EXISTING PLANT QUARANTINE LAWSTOFURTHERIMPROVEANDSTRENGTHEN THE PLANT QUARANTIVE SERVICE OF THE BUREAU OF PLANT INDUSTRY WHEREAS, economic losses due to injury on agricultural crops brought about by plant pests have become increasingly significant; WHEREAS, the prevention of introduction, incursion, establishment and subsequent spread of plant pests by regulating the international and domestic movements of plants and plant products, is considered more prac­ tical and economical than any other method of plant pest control; WHEREAS, modern means of transportation and handling of imports and exports have favored the expeditious and extensive movements of plants and plant products, thereby, increasing the risk of plant pest introduction and/or incursion; WHEREAS, plant quarantine is basically and essentially a preventive measure, it being the actual frontline defense against the introduction or incursion into the country of plant pests which are destructive to our agri­ cultural crops; \VHEREAS, some of the provisions of Act No. 3027 dated March 8, 1922, entitled "AN ACT TO PROTECT THE AGRICULTURAL INDUSTRIES OF THE PHILIPPINE ISLANDS FROM INJURIOUS PLA.i~T PESTS A.l"'l"D DISEASES EXISTING IN FOREIGN COUNTRIES AND FURTHER TO REGULATE THE DOMESTIC MOVEMENT OF PLANT MATERIALS IN ORDER TO MINIMIZE THE INJURY FROM PESTS AND DISEASES ALREADY INTRODUCED". and Act No. 3767, dated November 26, 1930, entitled "AN ACT REGULATING THE IMPORTATION, BRINGING OR INTRODUCTION INTO THE PHILIPPINE ISLANDS OF LIVING ANI­ MALS, SUCH AS INSECTS, BIRDS, CRUSTACEANS, BATS, MOLLUSKS, REPTILES, MA.i\1MALS, AND OTHER ANIMALS, NOT FALLING WITH­ IN THE SCOPE OF THE TER.i\1 "DOMESTIC ANIMALS" AS PROVIDED AND DEFINED IN SECTION FOUR OF ACT NUMBERED THIRTY­ SIX HUNDRED AND THIRTY-NINE, IN ORDER TO PROTECT THE AGRICULTURAL INDUSTRIES OF THIS COUNTRY, AND FOR OTHER PURPOSES" are no longer relevant and applicable to the protection of plant industries of this country, and therefore, require urgent and immediate modification and updating; WHEREAS, the Plant Quarantine rules and regulations of the Philippines must be compatible with those of other countries and with the provisions of the Food and Agriculture Organization - International Plant Protection Convention of the United Nations to which the Philippines is a signatory; WHEREAS, the attainment of the foregoing objectives requires the necessary improvement and strengthening of the Plant Quarantine Services of the Bureau of Plant Industry by providing adequate laws; regulations; resources and facilities; and incentivesto Plant Quarantine Officers; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines. by virtue of the powers vested in me by the Constitution do hereby decree and order the following: SECTION 1. This Decree shall be known as the "Plant Quarantine Decree of 1978". SECTION 2. Definition of Terms. - The following terms used in this Decree shall means as follows: a. "Person" - any natural or juridical person such as corporation, 2 r partnerships, societies, associations, firms. companies and other legal entities. b. "Director" - the Director of Plant fodustry. . c. "Plant Quar antine Officer" - any person so appointed and/or designated by the Drrector of Plant Industry. . d. "C~untry" - any independent political unit or sovereign nation, temtory, colony and political or territorial subdivision. e. "Carrier" - includes every sort of craft or other artificial contri­ vance used, or capable of being used as a means of transportation • land, water or air. m . f. "Plants" - shall comprise living plants and parts thereof, inclu­ di~g seeds, cuttings, rhizomes, bulbs and corms, grafts, leaves, roots, sc10ns and others that are capable of propagation. . g •. "Pl~t Products" - shall mean products derived from plants, either m therr natural state or in manufactured or processed form and are capable of harboring plant pests. . h. "Potential Animal Pest" - shall comprise certain species of anrrnals that are hable to become agricultural crop pests such as insects, m~nkey s, rodents, bats, finches, rabbits, ·snails and other forms of anrrnal life capable of causing injury to agricultural crops. i. "Packing Materials" - include leaves, straw, bark and other plant 111aterials used as wrapping, packing, or covering and are capable of harboring plant pests. }· "Plan t ~e~t" - any form of plant or animal life, or any patho­ gemc agent mJunous or potentially injurious to plants and/or plant products. k. "Quarantine Orders" - shall mean those Administrative Orders promulgated and issued by the Director of Plant Industry to implement the provisions of this Decree. 3 I. "Commodity Treatment" - any form of treatment applied to plants, plant products and other materials capable of harboring plant pests, for the purpose of destroying or eliminating any infection/ infestation caused by plant pests. m. "Port of Entry" - is a port open to both foreign and domestic trade . The term includes principal ports of entry and subports of entry. n. "Importation" - is the act of bringing into the country foreign commodities mentioned under Sections 3 and 4 of this Decree for planting, consumption, manufacturing, domestication or for any other purpose. o. "Plants/Plant Products in Transit" - shall refer to plants/ plant products brought into any port in the country but are. not intend­ ed for landing at the said port. p. "Exportation" - is the act of transporting commodities mentioned under Sections 3, 4 and 6 hereof, from a local port to a foreign port. q . "Phytosanitary Certification" - shall mean plant health certification. SECTION 3. Importation of plants and plant products - The importa­ tion and/or introduction into the Philippines of plants, plant products, soil packing materials of plant origin capable of harboring pl~nt pests and ~e a source or medium of infection/infestation of plant pests, zs hereby restrzc­ ted subject to such quarantine orders, rules and regulations as may be promulgated, from time to time, by the Director with the approval of the Secretary of Agriculture. SECTION 4. Importation of potential animal pests. - The importa­ tion of certain species of animals which are liable to become agricultural crop pests and are capable of causing injury to agricultural crops, is ~ere by prohibited. However, importation in limited quantities for a Justifiable purpose and upon a written permit from the Director of Plant Industry, may be allowed. SECTION 5. Commodities in transit. - Commodities mentioned under 4 s~ctions 3 and 4 of this Decree, as well as , food prov isions of plant origin an.d plant ornaments on board carriers, that arc in transit shall be required 0 1 a clearance from the Plant Quarantine Officer assigned at th e port con­ cerned. SECTION 6. Exportation of Plants and plant products. - The Director and lor the ~lant Quarantine Officers shall cause the inspection and phyto­ sanitary cert1ficat1on of all plants, plant products and other related materials capable of harboring plant pests, if the importing country so requires. SECTION 7. Inspection of plants/plant products, potential animal pests, and other materials. - The Director shall cause the appropriate inspection, of the commodities mentioned in Sections 3, 4, S and 6 and to apply the necessary plant quarantine measures in order to attain the object­ ives of this Decree. SECTION 8. Domestic Quarantine of plants and plant products. - In order to prevent and arrest the spread to other areas of injurious plant pests existing in certain localities within the Philippines, the Director, and/or the Plant Q~a~nt ine Officers shall cause the inspection ; treatment, if necessary; and cert1f1cat10n of plants and plant products involved in movement from one locality to another within the country . . . In cases where it is necessary to contain plant pest(s) the Director may hm1t the movement of certain plants and/or plant products. SECTION 9. Appointment and/or designation of Plant Quarantine <?fficers. - The Director shall cause the appointment and/or special designa­ tion of Plant Quarantine Officers, who shall act as his representatives in implementing and enforcing the provisions of this Decree. Provided, h~w­ ever, that such special designation shall be in written form. SECTION 10. Powers and Duties of Plant Quarantine Officers. a. To inspect all carriers, crew/passenger luggages and incoming mails, in order to determine the presence of plants, plant products, and other materials capable of harboring plant pests, as well as, potential animal pests. b. To enter into and inspect any and all areas where plants, plant pro­ ducts, and other materials capable of harboring plant pests are 5 landed, stored, and/or grown. • • rt d plants plant products, and other materials c. To examme impo e ' •· 1 . 1 e ts capable of harboring plant pests as well as potent~a ~mma P s and to administer necessary measures to insure effective implementa­ tion of the provisions of this Decree. • • • • -•~~~+ ·r ne"essary. and issue phyto-d To inspect· admm1ster Lfeauucu,, 1 • ... ' l d • ' 1 t ducts and other re ate sanitary certificates on plants, p an pro ' . materials intended for export, if the importing country so requrres. To confiscate and destroy or refuse entry o~ P lant~, plant p~oducts e. and otential animal pests involved in prohibited tmp~rtat10ns, ~s well ~s prohibited plants and plant produc~s inv~lved m domestic t d to deny phytosanitary certification of plants and f. movemen , an • hib ·t d plant products which exportation is, likewise, pro i e .. To perform such other related duties which maybe assigned to him, from time to time. • f the powers and duties herein vested to Plant In the exercise o . . h ·t Quarantine Officers, they are hereby given police power and aut on y. SECTION 11. Non-liability clause. - All charges for sto r~ge, d~mur rt labor and delays incident to inspection, cost of dismfect~o? or rage, ca a~e, t re uirements shall be the responsibility disinfestatton and other poSt-en ry q b p ovided that the Bureau of of the importer or exporter, as t~e case may ~~ti:es shall not be held liable Plant Industry and/or its aud:ht or:.zett:e~;::: of the implementation of the for damages to the commo 1 y m provisions of this Decree. SECTION 12. Duties of the Importer and Exporter. ~ The import~rs, • authorized representatives shall submit a declaration exporters, or therrf Plant Industry or his authorized representative at, or to the Drrec~or o rk.ation of commodities mentioned under befo:e the ~1me do~ ~:!;;;~~: importation/exportation. Such declaration ::~i~n~.;;te t~: name and ;ddress of the consignor/consignee; the ~urpohse; m i • • d dities • the country or locality w ere kind, nature and qua~ttty of said ~ 0;1:~ unlo;ding or embarkation, and· the the same was grown, place an a e . registered name of carrier carrying the consignment. SECTION 13. Entrance an earance d Cl Of Carriers. - The owner, operator. agent or master of carriers plying intern:iticr:::il and,'o, Jorliesti~ routes are, hereby required to serve notice of arrival and departure and to provide inward and outward cargo manifests and other declarations of said carriers to the Plant Quarantine Officer at the port Prior to de.;c:r!'!u.:-e, th~ agent or master of said carrier must secure a clearance from the Quarantine Officer thereat. The Collector of Customs or his authorized agents shall require the owner, agent or master of carrier to submit a copy of the certificate of Plant Quarantine Clearance as a pre-requisite to the issuance of the Customs Clearance. SECTION l 4. Collection of fees. - The Director shall promulgate rules and regulations governing the collection of nominal regulatory fees for inspect­ ion, certification, import permits, commodity treatment and others, on commodities mentioned under Section 3, 4 and 6. Provided, that said collect­ ions shall constitute the Revolving Fund of the National Plant Quarantine Service; to augment the existing appropriations therefor, subject to govern­ ment accounting and auditing regulations. Provided, however, that importa­ tions and exportations of all government agencies; government owned or controlled corporations; donations to and for the account of any duly registered relief-organizations; or any charitable institution certified by the Department of Social Services and Development; embassies of foreign govern­ ments; and those that maybe declared by the President, upon the recommenda­ tion of the National Economic and Development Authority, in the interest of economic development, are exempted from payment of such fees exclu­ ding, however, the expense incurred in commodity treatment. SECTION 15. Overtime Services. - The services of Plant Quarantine Officers, fumigators and helpers performed outside office hours and reim bursement of meal transportation, lodging and other incidental expenses shall be chargeable to the party or parties at rates to be prescribed by the Secretary of Agriculture upon recommendation of the Director. SECTION 16. Cooperating Agencies. - The Director may, when necessary, call upon other government agencies (military, civil, national or local) in the implementation of plant quarantine regulations and dissemina­ tion of information to the general public. SECTION 17. Authority to promulgate Special Quarantine Orders, Rules and Regulations. - The Director, with the approval of the Secretary of Agriculture, is hereby authorized to promulgate such Special Quarantine 7 Orders, rnles and regulations to implement the provisions of fois Decree. SECTION 18. The Plant Quarantine Board. - For the purpose of carrying out the provisions of this Decree, a Plant Quarantine Board is hereby created composed of the following: a. The Director of Plant Industry ................. . b. CoIT1.missioner of Customs or representative ....... . c. General Manager or representative of Philippine Ports Authority ................. . d. Director, Bureau of Quarantine or representative ... . e. Director, Bureau of Animal Industry or representative ......................... . f. Representative from the National Economic and Development Authority ................ . g. Representative from the Central Bank of the Philippines ........................ . h. Administrator or representative of the Philippine Coconut Authority .............. . i. Director of Forestry or representative ........... . j. Bureau of Plant Industry Legal Officer ........... . k. Representative from the Importers' and Exporters' Confederation .................. . l. Chief, Crop Protection Division, Bureau of Plant Industry ........................ . m. Postmaster-General or representative ............ . n. Chief, Plant Quarantine Section, Bureau of Plant Industry ........................ . Chairman Member Member Member Member Member ·Member Member Member Member Member Member Member Secretary SECTION 19. Duties of the Board. - The Plant Quarantine Board shall be the advisory body to assist the Director of Plant Industry in formulating orders, rules and regulations for the effective implementation of the provi­ sions of this Decree. SECTION 20. Board Meeting. - The Board shall meet once every quarter or may call special meetings when necessary, provided that such special meetings shall not be held more than four ( 4) times annually. The members of the Board shall receive a per diem of Two Hundred Pesos CP200.00) each per meeting. SECTION 21. Quorum. - A majority of the members of the Board shall constitute a quorum. 8 ~ECTTO1'.' ,, ,, .\ • · f h . - . ,1 :, ;,-·. r\.ppropnat 10n o t ,e Plant Quarantine Board. The SldTI ot r .J00,0uu.uo annualy 1S hereby appropriated for the expense of th e Plant Q~arantine Board. Provided. that any unexpended amount of the sa1d sum shail be reverted to the Plant Quarantine Revolving Fund. S~CTION 23. Pe~a!ty Clause. - Any person, company or corporation who v10lates the prov1s10ns of this Decree, or forges, counterfeits, alters, ~efaces and destroys any document issued by virtue of this Decree shall be tmed not mo~e than Twenty Thousand Pesos (,P20,000.00) or by imprison­ ment from pnson correctional to prison mayor, or both, at the discretion of the Court. SECTION 24. Separability Clause. - If any of the provisions of this Decree shall be invalid, the remainder shall be operative. SECTION 25. Repealing Clause. - All laws, rules and regulations in­ consistent with the provisions of this Decree are, hereby superseded or revoked accordingly. SECTION 26. Effectivity. - This Decree shall take effect immediately upon approval. Do ne in the City of Manila, this 10th day of June, in the year of our Lord, Nmeteen Hundred and Seventy-Eight. ~~ > JUAN C "T'~ Pres~s:~t 9 c~~ AURORAT.A~ PRESIDENTIAL STAFF ASSISTANT MALACANANG RECORDS OFFICE