| Legislative： |
1. Promulgated on December 10, 1997
2. Amendment to Articles 2, 8~10, 13, 15, 16 and 18, addition of
Articles 13-1 promulgated on March 29, 2002
3. Deletion of Articles 13-1 promulgated on November 3, 2005
4. Amendment to all Articles promulgated on May 25, 2015 |
| Content： |
Article 1
These Regulations are established pursuant to Article 7, Plant
Protection and Quarantine Act (hereinafter called “the Act”).
Article 2
Plant protection officers shall present personal identification
while executing plant protection measures pursuant to the Act.
Identification document(s) shall be issued by the competent
authority at each appropriate level.
Plant quarantine officers shall be in uniform and bear a badge
while executing quarantine inspections pursuant to the Act. The
types of uniform and badge shall be determined by the plant
quarantine authority.
Article 3
Plant protection and quarantine officers shall prepare and maintain
inspection or quarantine records while executing inspection or
quarantine related activities pursuant to the Act.
Article 4
When the municipal or county (city) competent authority discovers
the occurrence of designated plant diseases or pests on plants or
plant products within the areas under its jurisdiction, it shall
immediately designate plant protection officers to investigate
and report the species of the plants or plant products infected
or infested with designated plant diseases and pests, the total
number of plants in the planting orchard, the acreage of planting
and the scope of distribution. It shall also report to the central
competent authority for designating the area of disease infection
or pest infestation.
Article 5
When plant protection officers deems it necessary to collect
samples of plants or plant products while conducting control
measures pursuant to Article 11 of the Act, consent of the owner
or manager of the plants or plant products shall be obtained.
The owner or manager shall be notified of the inspection results.
Article 6
Plants ordered for removal or destruction pursuant to subparagraph
1 and 2 of the first paragraph, Article 11 of the Act shall include
the whole of the plants. If the designated plant disease or pest
is soil-borne, the soil and the packages, containers and cultivating
media of the plants or plant products shall be subject to disinfection,
disinfestation or destruction.
Article 7
In conducting control measures on designated plant diseases and
pests pursuant to Article 11 of the Act, the municipal or county
(city) competent authority shall designate appropriate personnel
to carry out an on-site supervision over the completion of the
control measures conducted by the owners or managers of the plants
or plant products thereof.
Article 8
Compensation pursuant to Article 12 of the Act shall be based on
statistic sampling and inspection to determine infection or the
infestation rate, calculating the proportion of total number of
relevant susceptible plants, or the plants or plant products
suspected of having contracted specific plant disease(s) or pest(s).
The remaining plants or plant products uninfected or uninfested
with pests or those deemed uncertain after proper examinations
shall be used to calculate suspected infection or the infestation
rate. Using the suspected infection or infestation rate to
calculate the total of the plants or plant products suspected
of being infected or infested with pests. The compensation
fees shall be paid on the basis of the prices determined by the
appraisal committee.
Article 9
Regulated articles having any of the following conditions shall
be re-exported or destroyed:
1.Importation of regulated articles enterable under precautionary
requirements or to be subjected to post-entry quarantine of
subparagraph 2 or 3 of the first paragraph of Article 14 of the
Act, if the accompanied phytosanitary certificate submitted by
importers or their agents is fraudulent or altered.
2.Importation of plants or plant products listed in “Part A.
Prohibited Plants or Plant Products” of the “Quarantine
Requirements for the Importation of Plants or Plant Products
into the Republic of China” pursuant to the first paragraph of
Article 14 of the Act, if the importers or their agents failed
to submit phytosanitary certificates.
3.Importation of plants or plant products subject to import
restrictions as published by the Ministry of Economic Affairs
(MOEA) and designated by the plant quarantine authority, if the
importers or their agents failed to submit phytosanitary
certificates.
Article 10
The residues of plants or plant products or other plants or plant
products which are not applied for quarantine inspection pursuant
to the Act carried by vehicles, vessels, aircrafts or other
transportation means originated from foreign countries shall be
prohibited from unloading, and shall be destroyed if loaded.
Article 11
Quarantine inspections of exporting plants or plant products or
importing regulated articles shall be performed on a first come
first served basis. If the dates of the applications for quarantine
inspections are identical, the time of flight or freight schedules
shall be used as a basis for scheduling of said inspections.
Inspections shall be completed in two working days unless fumigation,
disinfection or disinfestation, isolation and culture of organisms,
or post-entry quarantine are required. Completion of the inspections
may be extended when holidays, weekends or special conditions are
involved.
Article 12
Plant quarantine officers shall take appropriate treatment, in
addition to quarantine inspections, against the imported regulated
articles when, besides the regulated articles or their containers,
the filling materials, storage sites, or transportation means are
deemed to spread pests.
Article 13
Importers or their agents shall follow the instructions of plant
quarantine officers to provide labor assistance in moving, conveying,
specimen preservation, unloading or quarantine treatment or other
relevant work for regulated articles during quarantine inspection.
Article 14
The plant quarantine authority, while conducting quarantine
inspections of regulated articles or conducting disinfection or
disinfestation measures pursuant to the Act, may authorize loading
or storing of regulated articles at a specifically designated
warehouse and then process them on the basis of the sequence of
application for quarantine inspections.
Article 15
The samples required for isolation, cultivation and specimen
preservation of exporting plants or plant products or importing
regulated articles may be taken free-of-charge by plant quarantine
officers, but the amount of sampling shall be limited to the
requirement of quarantine inspection; exporters, importers, or
their agents engaged thereof shall be issued with a certificate
of sampling.
Article 16
The actions for disposal pursuant to Article 19 of the Act shall
be in the form of disinfection or disinfestation, destruction or
re-exportation.
Article 17
The measures of disinfection or disinfestation pursuant to Article
19 of the Act shall be published by the plant quarantine authority.
Article 18
These Regulations become effective on the date of promulgation. |