| Legislative： |
1.Promulgated on September 17, 1997
2.Amendment to all Articles promulgated on October 31, 2003
3.Amendment to Article 3, and 10~12, deletion to Article 28
promulgated on May 10, 2010
4.Amendment to all Articles promulgated on May 25, 2015
5.Amendment to Article 5 promulgated on December 3, 2015
6.Amendment to Article 15、17 and 25 promulgated on January 22,
2019,and come into effect on March 1, 2019
7.Amendment to Article 5, deletion to Article 10~14, and 20
promulgated on May 11, 2020
8.Amendment to Article 18 promulgated on August 22, 2024 |
| Content： |
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 19-1 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
(Deleted)
Article 11
(Deleted)
Article 12
(Deleted)
Article 13
(Deleted)
Article 14
(Deleted)
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.
The inspection shall be conducted in the centralized inspection
area of port, warehouses, or other safe areas recognized by the
plant quarantine authority.
If the plant quarantine authority conducts the inspection in the
centralized inspection area of port, warehouses or other safe
areas recognized by the plant quarantine authority in preceding
paragraph, container terminals and warehouses may provide a site
with inspection tables, rain-proof facilities, lighting fixtures,
and power supply for lighting for quarantine operations.
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 or by sample batch inspection based
on the risk level of the goods.
The quarantine result shall be determined based on the entire
batch when conducting the quarantine operation described in the
preceding paragraph. However, if there are other quarantine
requirements which are published under the first paragraph of
Article 14 of the Act by the central competent authority, then
the quarantine result must comply with such requirements.
Article 18
When applying for import quarantine inspection pursuant to Article
17 of the Act, the importers or their agents must 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.Bill of lading or Sea waybill／Air waybill;
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
(Deleted)
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.
The articles amended and promulgated on January 22, 2019 shall
come into effect on March 1, 2019. |