Plant Protection Regulations (L.N. No. 194 of 1997)

Legal Supplement Part B-Vol. 36, No. 179-12th September, 1997 1155 LEGAL NOTICE No. 194 REPUBLIC OF TRINIDAD AND TOBAGO THE PLANT PROTECTION ACT, 1975 REGULATIONS MADE BY THE MINISTER WITH RESPONSIBILITY FOR AGRICULTURE UNDER SECTION 17 OF THE PLANT PROTEC'rION ACT, 1975 THE PLANT PROTECTION RRGULATIONS, 1997 l. These Regulations may be cited as the Plant Protection Citation Regulations, 1997. 2. In these Regulations- Interpreta tion ''beneficial organism" means any stage of an insect, nematode, mite, protozoan or other invertebrate or vertebrate animal, bacterium, virus, fungus, or a reproductive part thereof, and includes any agent or genetically engineered variant of the foregoing, intended to be used for promoting agricultural, industrial or other useful activity; "designated employee" means a person appointed under section 7 of the Act; "fruit and vegetables" includes all edible portions of food plants in the raw or un-processed state; "Ministry" means the agency of Government to which responsibility for the subject matter of agriculture is assigned; "non-plant articles" means items that are not of plant origin but represent a plant quarantine risk; "pest" means any parasitical, epiphytal or other animal or vegetable organism inimical to the growth or existence of living plants or injurious to plant products and any agent capable of producing a communicable disease of plants, which the Minister may, by Order, from time to time declare to be a pest within the meaning of the Act; "plant pest" means any stage of an insect, nematode, mite, protozoan or other invertebrate or vertebrate animal, bacterium, fungus, parasitic plant or a reproductive part thereof, virus or any other agent or genetically engineered variant of the foregoing, capable of having a deleterious effect on a plant or plant product; 1156 Examination restricted articles Importation by or for the Ministry of Agriculture Plant Protection Regulations, 1997 "Plants Import Schedule" refers to a list of economic crops held by the Plant Quarantine Service indicating which crops might be imported and the conditions and restrictions applicable to the importations; "planting material" include trees, shrubs, vines, cuttings, grafts,scions, buds, bulbs, roots, seeds and any other plant part capable of propagation; Plant Quarantine Officer" means any person or persons assigned to the Plant Quarantine Service; "Plant Quarantine Service means the Service established by section 11 of the Act; "restricted article" means ( a) any plant pest or other organism; (b) fruit and vegetables, planting materials, plant products or soil; (c) non-plant articles prescribed by the Minister in accordance with section 17(a); "soil" means the loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts. 3. (1) The entry in Trinidad an Tobago of all restricted articles, which may present a pest risk to the agriculture of Trinidad and Tobago, shall be subject to examination upon arrival by a Plant Quarantine Officer or a designated employee, and if necessary, to treatment, destruction or re export, as the case may warrant. (2) All treatment, destruction or re-export shall be the responsibility of a Plant Quarantine Officer or a designated employee and shall be performed at the sole risk and expense of the importer or his agent to the satisfaction of a Plant Quarantine Officer or designated employee. (3) For the purpose of examination, a Plant Quarantine Officer or a designated employee may detain any consignment or part of a consignment of restricted articles being offered for entry or export, and take samples of such articles for such testing as may be considered necessary. (4) A shipment of restricted articles arriving at the designated ports of entry without an import permit, shall not be off-loaded without the permission of a Plant Quarantine Officer or a designated employee. 4. Notwithstanding anything in these Regulations, importation by or for the Ministry or of specific material for bona fide purposes may be allow~d subject to such measures as are prescribed by the Plant Quarantine Service, to prevent pest entry and dissemination, including routine compliance with documentary requirements. Plant Protection Regulations, 1997 1157 5. The following ports are designated ports of entry and export for Podrts of entry 1 t t . d 1 . . . h 11 b "d d an export p an quaran me purposes an p ant mspect10n services s a e prov1 e at these ports during normal working hours: Port-of-Spain Wharves Piarco International Airport Crown Point International Airport The Port of Pt. Lisas Scarborough Wharves 6. (1) Agricultural Assistants engaged in plant quarantine duties at Overtime fees ports of entry and Plant Quarantine Guards shall be paid overtime duty at the rates set out in the First Schedule. (2) There shall be paid to the Comptroller of Customs and Excise for overtime duties performed at ports of entry by Agricultural Assistants engaged in plant quarantine duties and Plant Quarantine Guards, fees at the rates set out in the Second Schedule. 7. (1) All planting material is subject to such inspection and treatment Planting b d ·t· f t · T · "d d d T b materials as may e necessary, as a con 1 10n o en ry into nn1 a an o ago. (2) The entry of plants, cuttings, scions, stocks, tubers, roots, seeds etc. for planting purposes shall be limited to the smallest possible propagative unit consistent with good horticultural practices. (3) The importation of planting material namely, plants, rooted cuttings, or any other plant part shall be limited to soil-free plants and plant parts and an approved packaging material may be used around the roots of plants after the soil has been removed. (4) Plants, rooted-cuttings, seedlings and any other propagative units or plant parts are not admissible if established in a growing medium other than agar-based media, without specific approval. (5) In the case of forest trees, entry shall be restricted to seed or plantlets in agar. 8. (1) A permit to import fruit and vegetables may be issued by the Fruit and Plant Quarantine Service upon submission of a completed application for vegetable• an import permit. (2) The entry status of the fruit or vegetables shall be determined according to the pests present in the exporting country. (3) The importation of soft, fleshy fruit and vegetables shall be prohibited from all countries where the Hawaiian, Mexican, Mediterranean and other dangerous fruit flies are known to occur, unless approved treatments can be effectively performed. ( 4) Fruit and vegetables arriving in passenger baggage or personal effects without the necessary permit shall be confiscated and destroyed. (5) Dried, frozen, preserved or candied fruit' and vegetables that have been prepared in such a manner as to make them innocuous as pest carriers and are not otherwise prohibited in the Plant Import Schedule are enterable, subject to verification of their condition and freedom from pests. 1158 Plant Protection Regulations, 1997 Plant pests 9. (1) The entry of plant pests shall not be authorised unless a permit Benelici11l organisms Soil Importation hym0il Rules on paeka¢ng material has· been issued to a recognised scientific and research institution, where the plant pests are destined for use by that institution. (2) The importations of plant pests shall be subject to safeguard measures as specified on the permit. 10. The entry of beneficial organisms shall not be authorised unless a permit is issued to the person importing such organisms. 11. (1) A person shall not import soil into Trinidad and Tobago unless such importation is done by or on behalf of a recognised scientific and research laboratory to which a permit has been issued. (2) The importation of soil shall be subject to specific safeguard measures as enumerated on the permit. (3) In general, the following rules shall apply: (a) only small quantities may be imported at any one time; (b) the soil shall be shipped in sturdy tightly-sealed containers; (c) the soil may be used only in the laboratory .of the permit holder; and (d) the soil shall be incinerated or otherwise sterilised in the manner approved by the Plant Quarantine Service at the conclusion of the test. (4) The entry of any plant or plant products, machinery, equipment or conveyance of any kind carrying or contaminated with soil is prohibited and entry shall be permitted only where they are free from soil to the extent approved by the Plant Quarantine Service. 12. Restricted articles imported by mail, shall be subject to the. requirements of these regulations which shall be enforced through co operative arrangements of the Postal and Plant Quarantine Services and the Customs and Excise Department. 13. Packaging material shall be subject to the following Regulations ( a) any plant or plant part prohibited entry in accordance with the Plant Import Schedule shall not be entered as packing material; (b) the following shall also be specifically prohibited entry as packing material: (i) banana plants and plants parts; (ii) citrus plants and plant parts; (iii) coconut or other palm material; (iv) coffee plants and plant parts; .(v) cotton plants, plant parts and unprocessed cotton products; Plant Protection Regulations, 1997 (vi) forest litter; (vii) grass plants and plant parts; (viii) leaves and stems of plants in general; (ix) rice straw and hulls; (x) sugarcane plants and plant parts; and (xi) soil. (c) the following may be entered as packaging material: (i) sterilised peat or sphagnum moss; (ii) excelsior or wood's wool; (iii) vermiculite; (iv) ground cork; (v) shredded paper; and (vi) perlite. 1159 14. (1) Articles subject to permit requirements shall also be subject to Safe~ard the safeguards directed by the Plant Quarantine Service and may also be reqmrements subject to safeguards in accordance with the following provisions ( a) the procedures employed shall be those that impose a minimum of inconvenience to the shipper or carrier but shall be consistent with proper precautions against pest entry or dissemination and artir.les which are not in compliance with the requirements may be seized, destroyed or otherwise disposed of; (b) inspections of articles subject to these Regulations shall be performed within twenty-four (24) hours or as soon after arrival w, practical and the conditions necessary to prevent pest dissemination will be specified at that time if prior arrangements have not already been made and the Comptroller of Customs and Excise shall not release any article in custody until such requirements have been met and approved by a Plant Quarantine Officer or a designated employee; (c) any treatment, destruction or safeguard requirements deemed necessary under this regulation shall be made at the owner's or other responsible person's risk and expense; (d) plant material refused entry shall be subject to these safeguards until re-exported or destroyed; (e) restricted articles that are intransit shall not be opened, landed or repackaged without the permission of the Plant Quarantine Service and transhipment of restricted articles shall require prior written permission; 1160 Export regulations Applications to import Plant Protection Regulations, 1997 (I) restricted articles referred to in paragraph (e), shall not be removed from a port without written permission from the Plant Quarantine Serivce; (g) where permission is given to remove a restricted article from the port to a specified place pending inspection, a plant quarantine seal may be placed on the article and any unauthorised person who breaks a seal referred to in subregulation (l)(g) commits an offence and any person found guilty of such an offence shall on summary conviction be liable to a fine of two thousand dollars; such articles shall not be opened unless a Plant Quarantine Officer or a designated employee is present; (h) garbage or refuse entering the territorial waters or temporarily in the ports of Trinidad and Tobago shall be subject to such safeguards as specified by the plant Quarantine Service, in co-operation with other governmental agencies including the departments responsible for public health and animal health; (i) the landing of garbage is prohibited except in unusual circumstances and in these instances, prior approval shall be obtained from the appropriate agency and the Plant Quarantine Service; (j) garbage retained onboard intransit vessels and aircraft shall be enclosed in tightly sealed, insect-proof containers to prevent insect escape and in the case of ships in port, shall be inside the ship's rail. 15. (1) The Plant Quarantine Service shall issue phytosanitary certificates based on inspections performed at the request of eX;porters to aid them in meeting the entry requirements for Trinidad and Tobago; (2) A certificate shall be issued only for products grown. or produced in Trinidad and Tobago, otherwise, a re-export certificate may be issued. (3) The issuance of a Phytosanitary Certificate shall not release the exporter from compliance with any export rebrulations of the Government of Trinidad and Tobago. (4) In this regulation a Phytosanitary Certificate is the certificate that is based on the model of that adopted by the International Plant Protection Convention of 1951. 16. The application for a permit to import any item authorised by these regulations, should be made in writing four weeks in advance on the Plant Protection Regulations, 1997 prescribed form, addressed to the Plant Quarantine Service and should include the following information: (a) full name, residence and postal address of the applicant; (b) name and address of the exporter or person from whom the material will be obtained; (c) the quantity and botanical names of all material it is proposed to import; (d) the country of origin (including specific locality within the country) of material to be imported; (e) the exact location in Trinidad and Tobago where material will be grown or utilised; (f) the port/point of entry and approximate date of arrival of the shipment; (g) any other relevant information. 1161 17. An import permit shall be issued only to residents of Trinidad and}ssuertof 1mpo Tobago. permit 18. (1) No fruit, vegetable or plant material which is the subject of an Control of Order made by the Minister, shall be carried to Tobago from Trinidad, or to~r;:mentof Trinidad from Tobago, unless the fruit, vegetable or plant material is :f:S!~f · db Ph t ·t C t'fi t material in accompan1e y a y osam ary er 1 1ca e. Trinidad and (2) A Plant Quarantine Officer or a designated employee may seize, treat and destroy or direct or authorise the treatment or destruction of any fruit, vegetable or plant material ref erred to in subregulation (1) which is found to be infested with any pest. (3) For the purposes of this regulation, a Plant Quarantine Officer or designated employee may, with or without the assistantce of a police officer, stop and search any vehicle on a public road which is being used to transport any plant material. Tobago 19. No compensation shall be payable in respect of the seizure, No t· compensa 10n destruction of or damage to any fruit, vegetable or plant material or thing, payable including packaging as a result of the exercise of the powers conferred by thei;;e regulations. 20. The Plant Protections Regulations, 1953 and the Plant Protection Revo1cat~ion of regu ,a ions (Amendment) Regulations, 1996 are hereby revoked 1162 Plant Protection Regulations, 1997 (a) on ordinary week-days FIRST SCHEDULE OVERTIME RATES PAYABLE [Regulation (6)(a)J Plant Quarantine Guards $14.74 for each hour or part thereof Agricultural Assistant engaged in Plant Quarantine duties at Ports of entry $30.25 for each hour or part thereof (b) on Saturdays, Sundays and Public Holidays Plant Quarantine Guards $19.66 for each hour or part thereof Agricultural Assistants engaged in Plant Quarantine duties at Ports of entry $40.30 for each hour or part thereof SECOND SCHEDULE [Regulation (6)(b)] OVERTIME FEES PAYABLE BY MEMBERS OF THE PUBLIC FOR PLANT QUARANTINE SERVICES (a) on ordinary week-days Plant Quarantine Guards $16.21 for each hour or part thereof Agricultural Assistants $33.28 for each hour or part thereof (b) on Saturdays, Sundays and Public Holidays Plant Quarantine Guards $21.63 for each hour or part thereof Agricultural Assistants · $44.37 for each hour or part thereof Made by the Minister with responsibility for Plant Protection this 2nd day of September, 1997. R. MOHAMMED Minister of Agriculture, Land and Marine Resources