The Plants (Importation) Control (Amendment)

Regulations, 2005

 

In exercise of .the power conferred upon the Minister by section 38 (1) of the Plants Quarantine) Act and of every other power hereunto enabling, the following Regulations are hereby made:-
1. These Regulations may be cited as the Plants (Importation) Control (Amendment) Regulations, 2005 and shall be read and construed as one with the Plants (Importation) Control Regulations, 1997 (hereinafter referred to as the principal Regulations).

2. Regulation 2 of the principal Regulations is amended by-

(a) deleting the definition of ."plant"; and

(b) inserting therein the following definitions in the correct alphabetical sequence-

"inspection' means an official visual examination of plants, plant products .or other regulated articles to determine if pests are present and determine compliance with phytosanitary regulations;
"regulated articles" means any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pest, deemed to require phytosanitary measures particularly where international transportation is involved;".

3. The principal Regulations are .amended by-

(a) renumbering regulations 3 .to 13 as regulations 11 to 21; and
(b) inserting the following 'as regulations 3 to 10-

Part I

Plants; Plants for Planting, etc.

3. In this Part--

"pest risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of the phytobanitary measures to be taken against it carried out in accordance with the International Plant Protection Convention, 1951 (IPPC) as amended from time to time and in force in Jamaica;
"plants for planting" means plants intended to remain planted, to be planted or replanted;
"plant products" means manufactured material of plant origin and those manufactured products that, by their nature or that of their processing, may create a risk for the introduction and spread of pests

4. (1) No plant, plant products or plants for planting shall be imported into the Island except in accordance with the provisions of these Regulations.
    (2) The importation of plants, plant products or plants for planting or soil specified in Part III of the First Schedule is hereby prohibited.

5. (1) Subject to regulation (2), no plant, plant products or plants for planting (other than those specified in Part II of the First Schedule) shall be imported into the Island except in accordance with the terms of an import permit granted by the Chief Plant Quarantine Officer.

     (2) The import permit for the importation of items listed in Part I of the First Schedule shall be either a single use permit or a multiple use permit.
6.  (1) Every plant, plant product or plant for pIan'cing entering the Island shall be subject to inspection by a Plant Quarantine Inspector who may-

(a) refuse entry of any such plant, plant product, or plant for planting if-

(i) it contains pests;
(ii)any condition.of the import permit has not been complied.with; or

(b) allow entry for any slich plant, plant products or plants for planting unconditionally or subject to such conditions as may be deemed necessary.

     (2) Every plant, plant product or plants for planting imported into the Island shall be accompanied by a valid phytosanitary certificate issued by the competent .authority of the exporting country which, together with the import permit, shall be presented to' the PIant Quarantine Inspector at the time of inspection.

7. (1) Subject to the provisions of regulation 5, if so required by the Chief Plant Quarantine Officer, every plant, plant products or plants for planting, upon entry into the Island, shall be-

(a) removed by such means, in such manner and subject to such conditions as the Chief Plant Quarantine Officer may direct to a post-entry quarantine facility approved by the Chief Plant Qemtine Officer for the purpose of quarantine; and
(b) be" kept in quarantine for such period as the Chief Plant Quarantine 0fficer may direct.

    (2) The release from quarantine of any plant, plant product or plant for planting shall be subject to and dependent upon the result of reinspection and of any diagnostic examination and any tests which the Chief Plant Quarantine Officer may deem necessary to carry out for the detection and identification of pests.

(3) Notwithstanding the expiry of the period of quarantine directed by the chief Plant Quarantine: Office under paragraph (l), no plant, plant product or' plant for'planting shall be removed from any quarantine depot without the prior written permission of the Chief plant Quarantine Officer and such permission may be either unconditional or subject to such conditions as may be specified.

8.-(1) The expenses incidental to the keeping in quarantine of a plant, plant product or plant for planting shall be borne by the importer

(2) Every plant, plant product or plant for planting shall be kept in quarantine at the risk of the importer.

(3) Any plant, plant product or plant for planting, which, while in quarantine, develops or, in the opinion of the Chief Plant Quarantine Officer, shows symptoms of any pest, may be destroyed without payment of compensation

9.-(1) Every person who desires to import plants, plant products or plants for planting shall apply in writing to the Chief Plant Quarantine Officer for an import permit.

(2) An application under paragraph (1) shall specify-

(a) the name, address arid telephone number of the importer;

(b) the name (scientific and common) and quantity of each item to be imported;

(c) the country hm which the item is to be imported;

(d) the type of permit required; and

(e) the port of entry of the items to be imported.

(3) Each application for an import permit shall be accompanied by the appropriate fee specified in the Second Schedule.

(4) The Chief Plant Quarantine Officer shall, in determining whether to grant an import permit, conduct a pest risk analysis to determine the specific conditions under which the item may be imported and shall not grant a for items that are deemed high risk based on the outcome of the pest risk analysis.

(5) An import permit issued under these Regulations shall be in the form prescribed in the Third Schedule and shall, subject to paragraph (6), be valid for a period of four months from the date of issue thereof.

(6) The Chief Plant Quarantine Officer may revoke any permit at any time if there is a chance in the pest status in the exporting country

(7) No person shall be issued an import permit if the plants, plant products or plants for planting to be imported originate in a country where there are pests which, if introduced into the Island, could .adversely affect agriculture

 

PART II

Genetically Modified Plants

10. In this Part- "genetically modified plant" means a plant that has been genetically modified and imported into Jamaica for the purpose of experimentation under controlled conditions."

4. The principal Regulations are amended- (a) by deleting from regulation 14 as renumbered, the words "regulation 5" and substituting therefor the words "regulation 13"; (b) by deleting from regulation 20 as renumbered, the words "regulation 6" and substituting therefor the words "regulation 13";

(c) by inserting next after regulation 21 the following regulation and Schedule-

22.(1) A person who imports any plant, plant product or plant for planting into the Island without a valid phytosanitary certificate shall be guilty of an offense and shall on conviction be liable before a Resident Magistrate to a fine of ten thousand dollars.

(2) A person who imports any item prohibited under regulation 4 (2) commits an offense and shall be liable on conviction before a Resident Magistrate to a fine not exceeding one hundred thousand dollars.

(3) A person who imports items without an import permit required under regulation 5 commits an offense and shall be liable on conviction before a Resident Magistrate to a fine not exceeding ten thousand dollars