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Chapter I. GENERAL PROVISIONS
Article 1
This Act is enacted to control plant diseases and pests and
prevent their spread. Matters not provided herein shall be
governed by other applicable regulations.
Article 2
As used in this Act, the term "competent authority" shall
denote the Council of Agriculture, Executive Yuan at the central
government level (hereinafter referred to as the "central
competent authority"); the municipal government at the municipality
level(hereinafter referred to as the "municipal competent authority");
and the county (city) government at the county (city) level
(hereinafter referred to as the "county (city) competent authority").
Article 3
As used in this Act, the terms shall be defined as follows:
1."plants" denotes the seed plants, ferns, mosses, liverworts
and useful fungi, and the portion thereof which may be
propagated or cultivated.
2."plant products" denotes the seeds or their embryos, bulbs,
rhizomes, tubers, fresh fruits, nuts, dry fruits, vegetables,
fresh flowers, dry flowers, grains, fresh medicinal herbs,
lumbers or woods, organic media, and fertilizers originating
from plants, whether processed or not, which are likely to
spread plant diseases and pests.
3."pests" denotes the fungi, slime molds, bacteria, viruses,
viroids, phytoplasmas, parasitic plants, weeds, nematodes,
insects, acarines, mollusks, other invertebrate animals,
vertebrates animals, and any pathogenic agent that is directly
or indirectly injurious to plants. It also denotes invasive
plants that are likely to result in damage to the ecosystem.
4."plant disease and pest damages" denotes the injury and loss
caused by pests to plants.
5."susceptible plants" denotes host plants which are easily
infected or infested with specific plant diseases and pests.
6."cultivation medium" denotes the soils, peat and other natural
orartificial media to which plants are attached or fixed to
maintain plant life.
Article 4
The municipal or county (city) competent authority shall
establish or designate plant protection authority with duly
authorized personnel.
The central competent authority shall establish plant protection
and quarantine authority with duly authorized personnel, and
establish plant protection research institution if so deemed
necessary.
Article 5
Plant protection officer shall have the authority to enter the
cultivation places, warehouses and other relevant places or
vessels, vehicles or aircrafts to inspect plants, plant products
and the package and containers thereof, examine relevant data of
survey, monitor or prevention for pests or make enquiries of
relevant party at used for public transportation. No particular
owner or relevant party shall withhold consent to the said
inspection or examination.
Plant quarantine officer shall have the authority to inspect
plants, plant products and the package, container, commodity,
postal parcel, luggage, vessels, vehicles, aircrafts and
warehouse thereof, examine relevant data or make enquiries of
relevant party. No particular owner or relevant party shall
withhold consent to the said inspection or examination.
Article 6
Government authorities concerned shall render the necessary
assistance and support to the plant protection or quarantine
officers in implementing control measures.
Article 6-1
Informing of violation against plant protection and quarantine
regulations shall be rewarded to facilitate implementation of
this Act；rules for aforementioned reward shall be formulated
by the central competent authority.
Article 7
In performing their duties in accordance with this Act, plant
protection or quarantine officers shall neither exceed their
powers nor infringe the rights and interests of another person.
The central competent authority shall establish rules for the
enforcement of plant protection and quarantine.
Chapter II. PLANT PROTECTION
Article 8
The central competent authority may publish the types and scope
of specific plant diseases and pests, and therefore establish a
monitoring or surveying plan.
The municipal or county (city) competent authority shall
coordinate with the preceding plan and execute the monitoring
and surveying thereof.
The central competent authority may publish the control scheme
for plant diseases and pests pursuant to the preceding monitoring
or surveying results and by referring to the domestic ecological
environment, agricultural production, and other public interests.
The municipal or county (city) competent authority shall formulate
a regional control plan pursuant to the preceding scheme and report
it to the central competent authority for approval before
implementation, and the central competent authority shall inform
the adjacent municipal or county (city) competent authority.
The costs necessary for the preceding regional control plan shall
be jointly borne by the central competent authority and municipal
or county (city) competent authority.
Article 8-1
Where the plants or plant products manifest plant diseases and
pests, the owners and managers thereof shall control the plant
diseases and pests pursuant to the notice or announcement of
the municipal or county (city) competent authority.
Owners and managers of plants or plant products shall immediately
report to the municipal or county (city) competent authority when
control measures are practiced but are ineffective in curtailing
the spread of a specific disease or pest found on their plants
or plant products thereof.
Upon receiving the preceding report, the municipal or county (city)
competent authority shall conduct necessary disposal immediately
and report to the central competent authority to notify the adjacent
municipal or county (city) competent authority and research and
experiment station to assist in necessary disposal.
Article 9
The central competent authority may designate the types of plants
for propagation purposes that require specific plant disease and
pest inspection. The inspection rules and fee schedule shall be
formulated by the central competent authority and submitted to
the Legislative Yuan for approval and record.
The plants aforementioned for propagation purposes shall not be
sold or relocated unless the inspection is passed and a certificate
issued.
Article 10
The central competent authority shall have the powers to designate
an area of infestation and restrict or prohibit the relocation
of plants, plant products, and soils, as well as the package,
container and cultivation medium thereof beyond such area unless
the prior approval of the central competent authority has otherwise
been obtained.
Rules for granting the above approval shall be formulated by the
central competent authority and submitted to the Legislative Yuan
for approval and record.
Article 11
When it deems necessary, the central competent authority may
take the following emergency control measures:
1.Restrict or prohibit the cultivation of related susceptible
plants; if necessary, order the owner thereof to remove or
destroy those already cultivated within a prescribed time
limit;
2.Order the owner to remove or destroy plants or plant products
suspected of having been infected or infested with specific
plant diseases and pests within a prescribed time limit;
3.Order the owner to kill relevant pests and prohibit the
culture thereof;
4.Designate the region to conduct joint control measures; or
5.Establish quarantine inspection stations at the essential
passages on the islands of Kinmen, Matsu and Penghu for
conducting inspection, and if they are not inspected or
inspected but found not in compliance with relevant
regulations, restrict the plants or plant products from
moving off the islands or dispose of them in a way deemed
necessary.
Inspection procedures, ways of disposal, fee schedule, place for
conducting inspection and any other relevant rule in relation to
subparagraph 5 of the preceding paragraph shall be established
by the central competent authority.
Article 12
With respect to the relevant susceptible plants, or plants or
plant products suspected of having contracted specific plant
disease(s) or pest(s), which are ordered to be removed or
destroyed within a prescribed time limit pursuant to
subparagraph 1 or 2 of the first paragraph, Article 11,
the municipal or county (city) competent authority shall set
up an evaluation committee to evaluate the prices of those
plants or plant products and pay their owner or management
personnel full compensation as evaluated unless the owner or
administrator is guilty of violating this Act, in which event
no compensation shall be paid.
Members of the above evaluation committee shall be nominated by
the municipal or county (city) competent authority.
Article 13
The compensation provided in the preceding article shall be
borne and paid by the municipal or county (city) competent
authority. The central competent authority may provide the
subsidy to the payment in accordance with the rules established
by the central competent authority.
Chapter III. PLANT QUARANTINE
Article 13-1
The central competent authority may designate the plants, plant
products, and any other articles which are likely to spread the
pest, and promulgate that these articles are subject to import
quarantine (hereinafter referred to as “regulated articles”).
The plant quarantine authority may carry out quarantine treatment,
re-export, destruction or other necessary measures whenever plants,
plant products, or other kind of articles likely to have the risk
for transmitting pests but not listed as regulated articles
aforementioned.
Article 14
The central competent authority may publish the quarantine
measures of regulated articles from certain countries and
areas as follows based on the pest status and the damage
risk it might cause:
1.Prohibition of entry;
2.Enterable under precautionary requirements; and
3.Post-entry quarantine.
Governmental agencies (institutions), public enterprises,
schools, corporations or organizations registered under
relevant laws may import the prohibited regulated articles
under subparagraph 1 of the first paragraph for purposes of
experiment, research, educational or exhibition by the approval
of the central competent authority; the application process and
the way of declaration, safeguard isolation control measures,
treatments, and rules of other relevant matters shall be
established by the central competent authority.
If there is no import records of the regulated articles with
capability of propagation, relevant data of pest risk assessment
shall be submitted and approved by the plant quarantine authority
for permission of importation.
The application process and procedure of post-entry quarantine,
the requirement for the establishment of quarantine field sites
and other relevant rules in relation to subparagraph 3 of the
first paragraph shall be established by the central competent
authority.
Article 15
Importation of the following articles shall not be permitted
unless they are applied for experimental, research, educational
or exhibitive use by governmental agencies (institutions), public
enterprises, schools, corporations or organizations founded and
registered under relevant laws, and approved by the central
competent authority.
1.Pests;
2.Natural enemies, antagonist or competitor and other organisms
used as biological control agents for controlling pests;
3.Soils;
4.Plants, plant products or other articles with soil; and
5.Packages or containers used by or harboring the articles
under the preceding four subparagraphs.
The application process, methods of declaration, safety
isolating control measures, methods of disposal, and any
other relevant rule related to the above approval shall be
formulated by the central competent authority.
Article 16
The importer or its agent shall import the regulated articles
with a phytosanitary certificate issued by the plant quarantine
authority of the exporting country; exemptions are published by
the plant quarantine authority.
The plant quarantine authority shall take the following measures
of which the cost shall be borne by the importers of regulated
articles pursuant to the preceding paragraph, if the importers
fail to submit phytosanitary certificates or the phytosanitary
certificates submitted contain information inconsistent with
the pertinent quarantine requirements.
1.Submit properly corrected phytosanitary certificates within
a specified time limit;
2.Quarantine measures;
3.Re-export;
4.Destroy.
The phytosanitary certificate referred in the first paragraph,
issued by the plant quarantine authority of the exporting
country, may be issued electronically with the agreement by
the plant quarantine authority.
Article 16-1
Transshipment of the plants or plant products are through
countries or districts from where entry is prohibited or
quarantine requirements were published by the central competent
authority pursuant to Article 14 or the preceding article shall
be approved by the plant quarantine authority. The plants or
plant products without approval shall not be allowed to be
imported or necessary precautionary measures shall be taken.
Article 17
The importer or its agent shall apply to the plant quarantine
authority for quarantine of the regulated articles to be imported
or transited before their arrival at the ports of entry. The said
importer or agent shall not unwrap or move the said plants or
plant products before completion of quarantine inspection.
Passengers or personnel of vehicle, vessel or aircraft carrying
regulated articles shall apply for plant quarantine upon arrival
at the port of entry.
If regulated articles are imported by mail, their packages shall
be affixed with a legible label indicating the ingredients, the
postal authority shall notify and request the plant quarantine
authority to perform quarantine inspection thereof.
The central competent authority may formulate certain regulations
to simplify the quarantine procedure and it's supporting documents
of regulated articles from other countries stored in Free Trade
Zones and not for purpose of importation.
Article 18
Upon completion of quarantine pursuant to the preceding articles,
the plant quarantine authority shall issue a certificate of
unserviceability for those that are not compliant and then forbid
it’s import; the importer or its agent who follows the rules may
apply for the certificate of compliance.
Article 18-1
Reapplication for quarantine of regulated articles or articles
listed in Article 15 to be exported or imported, which are
determined not in compliance with pertinent rules or regulations,
shall not be permitted.
Article 19
If any pest is found in the importing plants or plant products
after quarantine inspection, the plant quarantine authority
shall notify and request the importer or its agent to disinfect,
destroy or re-export such plants or plant products together
with the packages and containers thereof within a prescribed
time limit. If no such action is taken within the said time
limit or if taking emergency measures is necessary, the plant
quarantine authority shall directly dispose of the plants or
plant products with the cost borne by the importer.
Article 19-1
Plants or plant products in transit that are suspected of
contracting or possibly spreading pests may be subjected to
appropriate quarantine or other safety measures by the plant
quarantine authority.
Article 19-2
The residues of plants or plant products carried by vehicles,
vessels or aircrafts originated from foreign countries shall
be prohibited from unloading.
Article 20
If an importing country requests a quarantine certificate for
plants or plant products to be exported, the exporter may apply
to the plant quarantine authority for quarantine of the plants
or plant products. The quarantine authority shall issue a
phytosanitary certificate upon completion of the quarantine
inspection.
The said quarantine inspection shall be performed on the premises
of the plant quarantine authority; on-site inspection may be
performed if so deemed necessary by the authority.
Article 21
Necessary costs may be charged for quarantine services
performed. The rates and fee schedule shall be established
by the central competent authority.
Article 21-1
When the importers or their agents apply for quarantine
inspection of plants or plant products to be exported,
imported or transited, the relevant regulations on mode,
procedure and duration of application, quarantine operation
procedure, standard and method of quarantine treatment,
treatment for pests, post-entry quarantine procedure,
issuance of phytosanitary certificate, and other related
matters shall be established by the central quarantine
authority.
Chapter IV. PENAL PROVISIONS
Article 22
Any person who is guilty of importing or transhipping articles
in violation of subparagraph 1 of the first paragraph, Article
14 or subparagraph 1 of the first paragraph, Article 15 shall
be penalized by imprisonment for not exceeding three years,
detention and/or a fine of not exceeding NT$150,000.
The regulated articles, other goods or things, and the packages,
containers and cultivation medium thereof in violation of
subparagraph 1 of the first paragraph, Article 14 or subparagraph
1of the first paragraph, Article 15, no matter who is the owner,
shall be seized before the first-instance judgement.
Article 23
If the representative of a legal entity, or the agent, employee
or other staff of a legal entity or natural person is guilty of
committing the offense under the first paragraph of the preceding
article in the course of rendering their services, the violator
shall be penalized; in addition, the legal entity or natural
person shall be imposed with the fine under the said paragraph;
if the representative of a legal entity or a natural person can
prove that best effort has been made to prevent the commission
of the offense, neither the legal entity nor the natural person
shall be penalized.
Article 24
A fine ranging from NT$30,000 to NT$150,000 shall be imposed on
the particular violator if the violator is guilty of:
1.Violating the second paragraph of Article 9 and selling or
relocating the plants;
2.Violating the order of restriction or prohibition under the
first paragraph of Article 10;
3.Violating anyone of subparagraph 1 to 3 of the first paragraph,
Article 11;
4.Violating the second paragraph of Article 14 and the second
paragraph of Article 15 regarding relevant rules shall be
followed by importer;
5.The importer or it's agent violating the first paragraph of
Article 17, not applying for quarantine, or unwrapping or
moving the plants or plant products before completion of
quarantine inspection;
6.Owners or managers of vessels, vehicles, or aircrafts violating
Article 19-2 loading the residue of plants or plant products.
If penalty is carried out pursuant to subparagraph 1 to 3 of
the first paragraph, the plants, plant products, pests, soils,
and the packages, containers and cultivation medium thereof shall
be removed or destroyed within a prescribed time limit. If the
said articles are not removed or destroyed within the time limit,
the municipal or county (city) competent authority shall act to
remove or destroy the said articles, and the cost for such actions
shall be borne by their owners or management personnel.
If penalty is carried out pursuant to the subparagraph 6 of the
first paragraph, the plants or plant products shall be destroyed
by the plant quarantine authority or its commissioned organizations,
and the cost for such actions shall be borne by owners or managers
of vehicles, vessels or aircrafts.
Article 25
A fine ranging from NT$10,000 to NT$50,000 shall be imposed on
the particular violator if the violator is guilty of:
1.Evading, hindering or refusing the execution of duties
performed by plant protection or quarantine officers pursuant
to Article 5 without appropriate reason;
2.Violating the first paragraph of Article 8-1 and failing to
conduct control measures pursuant to the notice or announcement
by the municipal or county (city) competent authority;
3.Failing to report the pest status as required under the second
paragraph of Article 8-1 without appropriate reason;
4.Evading, hindering or refusing the inspection of specific plant
diseases and pests by the central competent authority pursuant
to the first paragraph of Article 9 without appropriate reason;
5.Owners or managers of the plants or plant products fail to
conduct joint control measures prescribed by the central
competent authority pursuant to subparagraph 4 of the first
paragraph, Article 11; or
6.Violating the subparagraph 5 of the first paragraph, Article 11,
moving out the plants or plant products which are not inspected
or inspected but found not in compliance with relevant regulations.
If a penalty is carried out pursuant to subparagraph 2 of the
preceding paragraph, the municipal or county (city) competent
authority may order the violator thereof to make improvements
within a prescribed time frame; if improvement is not made
within the time limit, a penalty will be carried out according
to the times thereof.
Article 25-1
Passengers or personnel of vehicle, vessel or aircraft
violate the second paragraph of Article 17 shall be fined
ranging from NT$3,000 to NT$15,000.
Article 26
The fine provided herein shall be imposed by the municipal
or county (city) competent authority or the plant
quarantine authority.
Chapter V. SUPPLEMENTARY PROVISIONS
Article 27
The enforcement rules of this Act shall be established by
the central competent authority.
Article 28
This Act shall become effective as of the date of its
promulgation. |