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Article 1
The enforcement rules are established pursuant to Article 27,
Plant Protection and Quarantine Act (hereinafter called “the
Act”).
Article 2
The term “useful fungi” under subparagraph 1 of Article 3 of
the Act, denotes agriculturally or industrially useful fungi,
yeast, or mushrooms.
Article 3
The scope of the terms “relevant data” and “relevant party”
under Article 5 of the Act is specified as follows:
1.“Relevant data” denote the phytosanitary certificates, bills
of lading and delivery orders, packing lists or other related
documents.
2.“Relevant party” denotes the customs declaration or examination
agents, the captains of vehicles, vessels or aircrafts, business
representatives or other managing personnel.
Article 4
The term “Government authorities concerned” under Article 6 of
the Act denotes the agencies responsible for transportation,
customs, environmental protection, or judicial police, or other
relevant agencies.
Article 5
Each of the following items may be conducted by relevant agency
representatives, private organizations, or individuals authorized
by the competent authority when it is deemed necessary:
1.The monitoring and surveying regulated in the second paragraph
of Article 8 of the Act.
2.The implementation of the regional control plan regulated in
the fourth paragraph of Article 8 of the Act.
3.The control measures regulated in the subparagraphs 1 to 4 of
the first paragraph of Article 11 of the Act.
Each of the following items may be conducted by relevant agency
representatives, private organizations, or individuals authorized
by the plant quarantine authority when it is deemed necessary:
1.The inspection, examination or inquiry regulated in the second
paragraph of Article 5 of the Act.
2.The quarantine treatment, re-shipment, destruction or other
necessary measures regulated in the second paragraph of Article
13-1 of the Act.
3.The measures regulated in the subparagraphs 2 to 4 of the second
paragraph of Article 16 of the Act.
4.The quarantine regulated in Article 18 of the Act.
5.The direct disposal regulated in Article 19 of the Act.
6.The appropriate quarantine or other safety measures regulated
in Article 19-1 of the Act.
7.The implementation of quarantine regulated in Article 20 of
the Act.
Article 6
Within the area of infestation designated pursuant to the first
paragraph of Article 10 of the Act by the central competent
authority, the municipal or county (city) competent authority
shall conduct periodic inspection of designated plant diseases
and/or pests. The scope of inspection shall be as
follows:
1.cultivated plants, plants for propagation, or plant products;
2.soils or cultivating media;
3.packages or containers;
4.agricultural machines or tools;
5.the species of plant diseases and pests; and
6.other matters related to plant diseases and pests.
Article 7
The municipal or county (city) competent authority shall implement
appropriate control measures when a plant disease or pest from a
foreign area is found and report such a finding to the central
competent authority pursuant to Article 8 and paragraph 1 of
Article 11 of the Act.
Article 8
When the central competent authority implements necessary protection
measures pursuant to the first paragraph of Article 11 of the Act ,
the municipal or county (city) competent authority shall implement
and act in coordination with and report the implementation process
to the central competent authority.
The central competent authority shall inform the adjacent municipal
or county (city) competent authorities while the preceding
protection measures are implemented.
Article 9
When conducting joint control measures in designated region pursuant
to subparagraph 4 of the first paragraph of Article 11 of the Act,
the municipal or county (city) competent authority shall promptly
organize a joint control team or mobilize personnel from township
(town, city, or district) governments within its authority or
civil organizations to assist farmers in implementing such measures.
Article 10
The term “regulated articles with capability of propagation”
under the third paragraph of Article 14 of the Act denotes fresh
plants or plant products. Such regulated articles, however, do
not include vegetables without fruits and their underground portion,
and fruiting body of edible fungi.
Article 11
Unless prescribed in Article 12, relevant data of pest risk
assessment shall be submitted by the importers to apply for approval
before importing the regulated articles pursuant to the third
paragraph of Article 14 of the Act:
1.The scientific name (including the name of genus and species) or
cultivar name of the importing regulated articles.
2.Production areas, growth properties, propagation methods, climatic
conditions for growing regulated articles, yield, harvest season,
the post-harvest process, pest list of the regulated articles,
the information of pest control and the list of chemicals used.
3.If the exporting country is in the immediate vicinity of a
quarantine pest area, as defined under subparagraphs 1 and 2 of
the first paragraph of Article 14 of the Act, but there are
insufficient reports or no report about the pest status, the
plant quarantine authority of the exporting country shall provide
the official survey data, pest status and monitoring data for risk
assessment.
4.Other related documents and information required by the plant
quarantine authority.
During the risk assessment, the plant quarantine authority may
request the importers or their agents to contact the National Plant
Protection Organization (NPPO) of the exporting country to provide
supplementary documents, or dispatch inspector(s) to the exporting
country for confirmation. All expenses associated with the visit
will be borne by the exporting country or the importers.
Article 12
If the regulated articles are imported for the purpose of
experiment, research, education or exhibition by governmental
agencies (institutions), public enterprises, schools, corporations
or organizations registered under relevant laws pursuant to the
third paragraph of Article 14 of the Act, the following documents
shall be provided for application of pest risk assessment. The said
regulated articles may be imported only after approval by the plant
quarantine authority.
1.Related experiment, research, education or exhibition projects
including the duration for the intended use;
2.Post-entry quarantine management plan, including the address
and safety measures of the isolation site;
3.Packing methods and the routes and means of transportation,
both domestically and internationally; and
4.Other related documents and information required by the plant
quarantine authority.
The importers shall re-export or destroy the regulated articles
of the preceding paragraph upon the expiration date jointly with
the plant quarantine authority unless prior approval of the pest
risk assessment pursuant to the preceding Article and the permission
for importation has otherwise been obtained.
The importer may apply for approval by the plant quarantine
authority to extend the duration of the designated regulated
articles thirty days prior to expiration date pursuant to the
subparagraph 1 of the first paragraph. Application for extending
the duration for exhibition use may be done three days prior to
the expiration date; the extension shall not be longer than the
exhibition project.
Article 13
The import application pursuant to the Article 11 will not be
approved if any of the following conditions exist:
1.Risk of damage to the ecological environment.
2.Risk of introducing pest and not having appropriate risk
management measures.
The import application pursuant to the preceding Article will
not be approved if post-entry quarantine management plan cannot
effectively manage pest risks.
Article 14
The term “biological control agents” under the subparagraph 2
of the first paragraph of Article 15 of the Act excludes biological
pesticide imported with approval according to the “Agro-pesticides
Management Act”.
Article 15
In order to carry out the plant quarantine inspection of imported
regulated articles as specified under Article 17 of the Act, the
central competent authority may designate a specific harbor,
airport or station to conduct such inspection.
Article 16
“The ports of entry” under the first paragraph of Article 17
of the Act denotes the harbor, airport or station where the
regulated articles are unloaded upon their arrival, or ports
approved by the plant quarantine authority.
Article 17
When the plant quarantine authority performs import quarantine in
accordance with the Act, the quarantine inspection shall be
implemented for every batch. However, if the inspection of the
regulated articles which are published by the plant quarantine
authority are those that are exempted of a phytosanitary certificate
from exporting country, they only need to go through sample batch
inspection.
The quarantine result shall be determined based on the entire batch
when conducting the quarantine described in the preceding paragraph.
But the quarantine result will be decided by the quarantine
requirements which are published under the first paragraph of Article
14 of the Act by the central competent authority.
Article 18
When applying for import quarantine inspection pursuant to Article
17 of the Act, the importers or their agents shall submit to the
plant quarantine authority a completed application form and
inspection fees along with supporting documents listed below:
1.phytosanitary certificate; exemptions are published by the plant
quarantine authority pursuant to the first paragraph of Article
16;
2.delivery order;
3.proof of values; and
4.other relevant documents required by the plant quarantine authority.
Article 19
In order to carry out the plant quarantine inspection of the
regulated articles and to ensure that they are performed in
accordance with Article 17 of the Act, the plant quarantine authority
may act in coordination with the competent authority of maritine
navigation to review ship logs or other related documents.
Article 20
“The pests” under Article 19 of the Act denote pests that are
published by the central competent authority pursuant to
subparagraphs 1 and 2 of the first paragraph of Article 14 of
the Act, and those without occurrence record but with risk of
causing damage in Taiwan.
Article 21
When applying for export quarantine inspection pursuant to Article
20 of the Act, the exporters or their agents shall submit to the
plant quarantine authority a completed application form and inspection
fees along with supporting documents listed below:
1.proof of values; and
2.other relevant documents required by the plant quarantine authority.
Article 22
If requested by the importing country, quarantine labels for plants
or plant products that are approved for export and have received
phytosanitary certificates pursuant to Article 20 of the Act, may
be issued by the plant quarantine authority. Quarantine tags for
plants or plant products thereof, within are of limited quantity
and hand-carried by passengers or by mail may also be issued by
the plant quarantine authority.
Article 23
If plants or plant products to be exported pursuant to Article
20 of the Act are deemed to fail to meet the requirements of
the importing country, the applicant shall retrieve the plants
or plant products thereof upon receipt of the notification by
the plant quarantine authority. If the applicant fails to
retrieve the said plant or plant products within a time limit,
the plants or plant products shall be disposed of by the plant
quarantine authority.
Article 24
The plant quarantine authority shall not be held liable for any
financial claim against the consequence of the death of plants
in isolation, plants or plant products being ordered for destruction
pursuant to the Act, or other unavoidable damage or losses in
plants or plant products resulting from the necessary quarantine
actions taken.
Article 25
These enforcement rules shall become effective on the date of
promulgation. |