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MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

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Title: Regulations for Approving Imports of Designated Plant Regulated Articles or other Articles Ch
Date: 2015.05.25
Legislative: 1.Promulgated on December 12, 1997
2.Amendment to all Articles promulgated on May 18, 2010
3.Amendment to all Articles promulgated on May 25, 2015
Content:

Article 1
This Regulations are established pursuant to the second paragraph
of Article 14 and the second paragraph of Article 15 of the Plant
Protection and Quarantine Act (hereinafter called“the Act”).

Article 2
To import designated regulated articles pursuant to subparagraph
1 of the first paragraph of Article 14 and other articles pursuant
to the first paragraph of Article 15 (hereinafter called“the
designated regulated articles”), importers shall submit the
application with the following documents to the central competent
authority for approval:
1.Related experiment, research, educational or exhibition projects
  including duration for the intended use. If the use of the
  designated regulated articles or their derivatives are needed,
  it must be clearly noted in the project ;
2.Name, quantity, source, basic information and pest status of
  the designated regulated articles to be imported ;
3.Post-entry quarantine management plan (including the address,
  the location, safety measures and operating procedures of the 
  isolation site);
4.Packing methods and the routes and means of transportation,
  domestically and abroad;
5.Other related documents and information required by the central
  competent authority.
If the requisite documents of the preceding paragraph are incomplete,
the central competent authority shall issue a notice to require
supplementation or correction within a specified time period. If
such supplementation or correction is not made or is made, or the
submitted content remains incomplete within the deadline, the
application will not be accepted.
The plant quarantine authority shall dispatch the inspector to
perform the on-site audit of the isolation site as denoted in
subparagraph 3 of the first paragraph and notify those who have
failed the inspection to make improvements within two months.
If the required improvement is not made by the deadline, the plant
quarantine authority shall revoke the approval.

Article 3
For the application stated in the preceding Article, the
importers can only process the importation based on the approval
as specified on the import permits issued by the central competent
authority.
The import permit is valid within three months from the day issued.
For importers who are incapable of completing the importation
in the specified duration, the specific importer may apply for
extension only for one time ten days prior to the expiration of
the period. The extension shall not exceed three months.
The duration of the intended use of the approved designated regulated
articles shall not exceed five years unless the importers apply
for an extension.

Article 4
The importers or their agents shall import the designated
regulated articles accompanied by the import permit to apply
for quarantine inspections.
The designated regulated articles shall be escorted or sealed
and transported domestically by the inspector dispatched by
the plant quarantine authority; the importers or their agents
shall provide transportation vehicles or bear the expense for
the transportation.
The designated regulated articles being transported to the
isolation site shall not be opened and used before being
checked by the inspector dispatched by the competent plant
quarantine authority of the location.

Article 5
The importer shall utilize the designated regulated articles
under the intended purposes in the location as approved by the
central competent authority.
In case there are any changes made in the post-entry quarantine
management plan stated in subparagraph 3 of the first paragraph
of Article 2, importers shall fill out applications and turn in
whatever changes in the address, the location, safety measures
and operating procedures of the isolation site, packaging methods,
the alternative routes and means of transportation. The changed
project can only be implemented after being approved by the
central competent authority.
The designated regulated articles approved for importation shall
be subject to supervision of their use by the plant quarantine
authority. Evasion, hindering or denial of such supervision by
the importers is prohibited. While in use, the importer shall
take appropriate control measures and notify the plant quarantine
authority immediately in case any harmful plant pest or disease
occurs. The costs associated with such measures shall be borne
by the importers.
Containers, tools, package materials, cultivation medium, plants
or plant products and their derivatives and other articles used
by or in contact with the designated regulated articles shall be
controlled along with the designated regulated articles under
this Regulations and subject to proper treatment or be destroyed
after the usage.
If the designated regulated articles are used for experiment,
research or education, and the duration is more than one year,
the importers shall provide the management records of the last
fiscal year to the plant quarantine authority before March 31
each year.

Article 6
The importer shall re-export or destroy the designated regulated
articles and their derivatives upon the expiration date jointly
with the plant quarantine authority.
The importer may apply for approval by the central competent
authority to extend the duration of the use of the designated
regulated articles for experiment, research or education thirty
days prior to expiration date; the extension shall not exceed five
years. Application for extending the duration of exhibitive use
may be done three days prior to the expiration date; the extension
shall not be longer than the exhibition project.
To apply for an extension under the preceding paragraph, importers
shall submit the record and the reports of usage, reason of
extension, follow-up safety measures. The plant quarantine authority
may, if it deems necessary, dispatch inspectors to conduct  an on-
site inspection.

Article 7
Except the application for exhibition use, importer may apply for
approval by the central competent authority to lift the restriction
of usage of the designated regulated articles thirty days prior
to expiration date.
For the application stated in the preceding paragraph, the restriction
may be lifted after ad hoc verification and confirmed there is no
risk of plant diseases and pests by the central competent authority.

Article 8
The importers shall submit to the central competent authority a
final report within 30 days after the expiration date for the
permitted use. The reference numbers of the import permit shall
be included in the pertinent reports.

Article 9
The provisions of paragraph 2 and 3 of Article 3, paragraph 2 and
3 of Article 4, paragraph 5 of Article 5, Article 6, and the
preceding article do not apply to the importation of experimental
or research use of Drosophila melanogaster or other designated
regulated articles published by the central competent authority;
the import permit of such importations is valid from the day
issued until December 31 of the year.
Before the importers intend to distribute the said Drosophila
melanogaster or other designated regulated articles and their
derivatives published by the central competent authority of the
preceding paragraph to governmental agencies (institutions),
public enterprises, schools,corporations or organizations
registered under relevant laws (hereinafter users) for experiment
or research, they shall submit the distribution plan for approval
by the central competent authority to start up the distribution
and takeover.
Users as referred to in the preceding paragraph shall provide
isolation sites approved by the plant quarantine authority.
The importers and users shall destroy the said Drosophila
melanogaster or other designated regulated articles and their
derivatives of the paragraph 1 and paragraph 2 after using them.
The importers and users shall fill out records of the importation,
distribution, takeover, and destruction of the said Drosophila
melanogaster or other designated regulated articles and their
derivatives of paragraph 1 and paragraph 2 and keep them for
three years for the examination of the plant quarantine authority.
The plant quarantine authority shall dispatch an inspector to
conduct the on-site audit of the isolation site of paragraph 3
and check on the records of usage of the preceding paragraph
during October to December every year.
The plant quarantine authority shall revoke the approval and stop
the qualification to takeover and apply usage next year, and the
users shall destroy all of the Drosophila melanogaster and other
designated regulated articles and their derivatives before the
deadline when the isolation site of users not compliant with the
relevant paragraphs or not fill out records or keep the records
pursuant to the paragraph 5.

Article 10
This Regulations become effective on the date of promulgation.

 

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