| Legislative： |
1. Promulgated on January 10, 1996 and effective as of January 10,
1996.
2. Amendment to Articles 2, 4, 13, 17~21, 26 promulgated on May 17,
2000.
3. Amendment to Articles 11, 24 promulgated on January 17, 2001.
4. Amendment to Articles 17, 22, 25, addition of Articles 8-1, 18-
1, 19-1, 21-1 promulgated on February 6, 2002.
5. Amendment to Article 24, addition of Articles 6-1, 16-1, 19-2
promulgated on June 12, 2002.
6. Amendment to Articles 5, 17, 21~22, 24, 26, addition to Article
25-1 promulgated on May 7, 2008.
7. Amendment to Articles 3, 8, 8-1, 11, 14~16, 17~18-1, 22, 24, 25,
addition to Article 13-1 promulgated on June 18, 2014.
8. Amendment to Articles 14, 15, 16-1, 17, 19, 24, 25, 28, addition
to Article 25-2 promulgated on June 20, 2018.The third and fourth
paragraphs of Article 17 as well as the first and third paragraphs
of Article 24 that are related to the regulations mentioned in
the fourth paragraph of Article 17 of this Act shall come into
force one year after the promulgation date. |
| Content： |
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:
I."Plants" refer to the seed plants, ferns, mosses, liverworts and
useful fungi, and the portion thereof which may be propagated or
cultivated.
II."Plant products" refer to 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.
III."Pests" refer to 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 harmful to plants. It also denotes invasive plants
that are likely to result in damages to the ecosystem.
IV."Plant disease and pest damages" refer to the harm and losses
caused by pests to plants.
V."Susceptible plants" refer to host plants which are easily infected
or infested with specific plant diseases and pests.
VI."Cultivation media" refer to the soil, peat and other natural or
artificial media to which plants are attached or fixed to sustain
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 officers 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 surveying, monitoring
or prevention for pests or make enquiries of relevant parties used for
public transportation. No particular owner or relevant party shall
withhold consent to the said inspection or examination.
Plant quarantine officers 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 parties. 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 violations against plant protection and quarantine
regulations shall be rewarded to facilitate implementation of this
Act；the regulations for aforementioned reward shall be promulgated
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 promulgate the regulations for the enforcement of plant
protection and quarantine.
Chapter II. PLANT PROTECTION
Article 8
The central competent authority may publicly notify the types and
scope of specific plant diseases and pests, and therefore establish
a monitoring or surveying program.
The municipal or county (city) competent authority shall coordinate
with the preceding program and execute the monitoring and surveying
thereof.
The central competent authority may publicly notify 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 promulgate
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 notification 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 regulations and fee schedule shall
be promulgated by the central competent authority and submitted to
the Legislative Yuan for approval and recording.
The plants aforementioned for propagation purposes shall not be sold
or relocated unless the inspection passes and a certificate is 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 media thereof beyond such area unless the prior
approval of the central competent authority has been obtained.
Regulations for granting the abovementioned approval shall be
promulgated by the central competent authority and submitted to the
Legislative Yuan for approval and recording.
Article 11
When it is deemed necessary, the central competent authority may take
the following emergency control measures:
I.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;
II.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;
III.Order the owner to kill the relevant pests and prohibit the
culture thereof;
IV.Designate the region to conduct joint control measures; or
V.Establish quarantine inspection stations at the essential
transportation passages on the islands of Kinmen, Matsu and Penghu
for conducting inspections, and if they are not inspected or are
inspected but found to not comply with relevant regulations, restrict
the plants or plant products from moving off the islands or dispose
of them in a way deemed necessary.
The inspection procedures, ways of disposal, fee schedules, places
for conducting inspection and any other relevant regulations in
relation to subparagraph 5 of the preceding paragraph shall be
promulgated 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 of 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 case no
compensation shall be paid.
Members of the above evaluation committee shall be promulgated 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 regulations promulgated by the central
competent authority.
Chapter III. PLANT QUARANTINE
Article 13-1
The central competent authority may designate plants, plant products,
and any other articles which are likely to spread the pest, and
publicly notify that these articles are subject to import quarantine
(hereinafter referred to as “regulated articles”).
The plant quarantine authority may carry out quarantine treatment,
reshipment, destruction or other necessary measures whenever plants,
plant products, or other kind of articles likely to have the risk
for spreading pests but are not listed as regulated articles
aforementioned.
Article 14
The central competent authority may publicly notify the quarantine
requirements and take quarantine measures for the importation of
regulated articles based on the pest status and the damage risk:
I.Prohibition;
II.Quarantine requirements; and
III.Post-entry quarantine.
The contents of quarantine requirements mentioned in preceding
paragraph include regulated articles, species of pests, specific
countries or districts, quarantine regulations, quarantine measures,
and other related matters.
Governmental agencies (institutions), public enterprises, schools,
legal persons or organizations registered under relevant laws may
import and share regulated articles prohibited under subparagraph 1
of the first paragraph for purposes of experiment, research, education,
legal deposit or exhibition by applying for approval from the central
competent authority; the application process of importation and
sharing, the way of declaration, safeguard isolation control measures,
treatment method, and produce and retain usage record, report or
monograph as well as the regulations of other relevant matters shall
be promulgated by the central competent authority.
For the regulated articles with capability of propagation, if there
is no import record from their export country or district, the export
country, importer or agent shall submit the relevant data of pest
risk assessment to the plant quarantine authority. The regulated
articles must be approved by the plant quarantine authority before
they may be imported. During risk assessment, the plant quarantine
authority may ask the export country, importer or agent for
supplementary data from the plant quarantine authority of the export
country or send personnel to the export country for verification and
confirmation. The cost for verification shall be borne by the export
country or importers according to the relevant laws and regulations.
The application process, the required documents and data, and the
methods and procedures of implementation for risk assessment shall
be promulgated by the central competent authority.
The application process and procedure of post-entry quarantine, the
requirement for the establishment of quarantine field sites, and
other relevant regulations in relation to subparagraph 3 of the
first paragraph shall be promulgated by the central competent
authority.
Article 15
For the following articles, their importation is prohibited:
I.Pests;
II.Natural enemies, antagonists or competitors and other
organisms used as biological control agent for controlling pest.
However, those which are assessed and confirmed to be free of
pest risk by the central competent authority, and microbial agents
that are imported in compliance with the regulations of the Agro-
pesticides Management Act are not restricted as such;
III.Soil;
IV.Plants, plant products or other articles with soil; and
V.Packages or containers used by or harboring the articles mentioned
in the previous four subparagraphs.
Governmental agencies (institutions), public enterprises, schools,
legal persons or organizations registered under relevant laws with
one of the following situations may apply to the central competent
authority for importing the objects mentioned in the preceding
paragraph:
I.For purposes of experiments, research, education or exhibition;
II.Legal deposit of articles that are mentioned in subparagraph 1
and 2 of the preceding paragraph;
III.Articles mentioned in subparagraph 1 and 2 of the preceding
paragraph used for producing pest risk free products;
IV.Insect pollinators mentioned in subparagraph 1 of the preceding
paragraph, or biological control agents mentioned in subparagraph
2 of the preceding paragraph that are used for field pollination
or biological control, which have been assessed and approved by
the central competent authority; and
V.In accordance with other specific purposes that are publicly
notified by the central competent authority.
For articles that are imported in accordance with subparagraph 1 and
2 of the preceding paragraph for the purposes of experiment, research,
education, legal deposit or exhibition, sharing is feasible with the
approval of the central competent authority.
The application process, declaration, safeguard isolation control
measures, treatment methods and production and retaining of usage
record, report or monograph and regulations of other relevant matters
regarding risk assessment for importation of those mentioned in the
second paragraph and sharing mentioned in the preceding paragraph,
shall be promulgated by the central competent authority.
Article 16
While the importer or its agent imports the regulated articles, they
shall provide phytosanitary certificates issued by the plant
quarantine authority of the exporting country; exemptions are publicly
notified by the plant quarantine authority.
If the importers fail to submit phytosanitary certificates or the
phytosanitary certificates pursuant to the preceding paragraph
submitted contain information inconsistent with the pertinent quarantine
requirements, the plant quarantine authority shall take the following
measures and the cost shall be borne by the importers.
I.Submission of properly corrected phytosanitary certificates within
a specified time limit;
II.Quarantine treatment;
III.Reshipment;
IV.Destruction.
The phytosanitary certificate referred in the first paragraph, issued
by the plant quarantine authority of the exporting country, may be
issued electronically with agreement by the plant quarantine authority.
Article 16-1
Plants or plant products that have been unloaded at or transshipped
through the countries and districts declared by the central competent
authority for prohibiting of entry or requiring taking related
measures according to quarantine conditions in the first paragraph
of Article 14, shall be approved by the plant quarantine authority
before importation; if not, the plant quarantine authority shall
conduct necessary treatments.
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 inspections.
Passengers or personnel of the vehicle, vessel, or aircraft carrying
the regulated articles shall apply for plant quarantine upon arrival
at the port of entry.
The regulated articles shall not be sent by mail; otherwise, the
articles will be reshipment or destroyed. However, if any of the
following situations occurs, such restrictions do not apply:
I.The regulated articles that are declared by the plant quarantine
authority in accordance with the provisions in the first paragraph
of Article 16 for exemption of the phytosanitary certificate.
II.Recipients of the regulated articles applied to the plant
quarantine authority for approval of entry in advance.
The regulated articles that are imported by mail in accordance with
the provisions of the preceding paragraph shall be packaged with a
legible label indicating the content. Also, the postal authority
shall cooperate with the plant quarantine authority to inform the
recipient to apply for quarantine from the authority. The recipients
who receive mails without quarantine certificates shall apply for
quarantine from the plant quarantine authority immediately upon
receiving them.
For regulated articles that are not for importation purposes but have
entered and are stored in Free Trade Zones, the procedure of applying
for quarantine and the requirement of documents may be simplified,
and the protocol of the said simplification are to be promulgated by
the central competent authority.
Article 18
Upon completion of quarantine pursuant to the preceding articles,
the plant quarantine authority shall issue a certificate of non-
compliance for those that are not compliant and shall forbid its
import; the importer or its agent who complies with the regulations
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 to
not comply with pertinent rules or regulations, shall not be permitted.
Article 19
If any pest is found in the imported regulated articles after
quarantine inspection, the plant quarantine authority shall notify
and request the importer or agent to disinfect, destroy or reship
such regulated articles 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 regulated articles, and the cost for such actions shall be borne
by the importer.
The pest species mentioned in the preceding paragraph are limited
to those declared by the central competent authority in accordance
with the first paragraph of Article 14, or those that have not been
confirmed to be present in the Republic of China.
Article 19-1
Plants or plant products in transit that are suspected of contracting
or possibly spreading pests may be subject 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 deemed necessary by the authority.
Article 21
Necessary costs may be charged for quarantine services performed. The
rates and fee schedule shall be promulgated by the central competent
authority.
Article 21-1
The 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 of quarantine of export, import,
transit, mail delivery, and plant or plant products carried by
passengers shall be promulgated by the central quarantine authority.
Chapter IV. PENALTIES
Article 22
Any person who is guilty of importing or transhipping articles in
violation of subparagraph 1 of the first paragraph of Article 14 or
subparagraph 1 of the first paragraph of Article 15 shall be penalized
by imprisonment not exceeding three years, detention and/or a fine
not exceeding NT$150,000.
The regulated articles, other goods or things, and the packages,
containers and cultivation media thereof in violation of subparagraph
1 of the first paragraph of Article 14 or subparagraph 1 of the first
paragraph of Article 15, no matter who the owner is, shall be seized
before the first-instance judgement.
Article 23
If the representative of a legal person, or the agent, employee or
other staff of a legal person 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 person or natural person shall be
imposed with the fine under the said paragraph. If the representative
of a legal person or a natural person can prove that best effort has
been made to prevent the committing of the offense, neither the legal
person nor the natural person shall be penalized.
Article 24
For the following situations, a fine ranging from NT$30,000 to
NT$150,000 shall be imposed:
I.Violating the second paragraph of Article 9 by selling or relocating
the plants;
II.Violating the order of restriction or prohibition under the first
paragraph of Article 10;
III.Violating any measures mentioned in subparagraph 1 to 3 of the
first paragraph of Article 11;
IV.Violating the third paragraph of Article 14 or the third paragraph
of Article 15 by sharing the regulated articles without the approval
of the central competent authority, or violating the related
regulations for the declaration, safeguard isolation control measures,
treatments and how to produce and retain of usage records, reports
or monographs mentioned in the third paragraph of Article 14 or
the fourth paragraph of Article 15.
V.Violating the related regulations of the procedure of post-entry
quarantine and the requirements for the establishment of quarantine
field sites promulgated in the fifth paragraph of Article 14.
VI.Importers or agents of the related articles who violate the first
paragraph of Article 17, by not applying for quarantine, or
unwrapping or moving the regulated articles before completion of
quarantine inspection; the recipients of mails who violate the
fourth paragraph of Article 17 by not applying to plant quarantine
authority for quarantine.
VII.Owners or managers of vessels, vehicles, or aircrafts who violate
Article 19-2 by bringing the residues of plants or plant products
onto land.
If penalty is carried out pursuant to subparagraphs 1 to 3 of the
preceding paragraph, the plants, plant products, pests, soils, and
the packages, containers and cultivation media 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 the owners or management personnel.
If penalty is carried out pursuant to subparagraphs 4 to 6 of the
first paragraph, the regulated articles and the packages, containers,
cultivation media may be disinfected, destroyed, or treated directly
by the plant quarantine authority or commissioned organizations as
deemed necessary, and the cost for such actions shall be borne by
the owners or management personnel.
If penalty is carried out pursuant to subparagraph 7 of the first
paragraph, the plants or plant products shall be destroyed by the
plant quarantine authority or commissioned organization, and the
cost for such actions shall be borne by the owners or management
personnel.
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:
I.Evading, hindering, or refusing the execution of duties performed
by plant protection or quarantine officers pursuant to Article 5
without an appropriate reason;
II.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;
III.Failing to report the pest status as required under the second
paragraph of Article 8-1 without appropriate reason;
IV.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 an appropriate reason;
V.Owners or managers of the plants or plant products failing to conduct
joint control measures prescribed by the central competent authority
pursuant to subparagraph 4 of the first paragraph of Article 11; or
VI.Violating the subparagraph 5 of the first paragraph of Article 11,
moving out the plants or plant products which are not inspected or
inspected but found not to be in compliance with relevant regulations.
If penalty is carried out pursuant to subparagraph 2 of the preceding
paragraph, the municipal or county (city) competent authority may order
the violators to improve within a prescribed time limit as deemed
necessary, those who fail to improve beyond the time limit will be
successively punished. For the owners of the management personnel
who had been successively punished without improvement, the municipal
or county (city) competent authority may control the pest risk of the
plants or plant products on behalf of the violators as deemed necessary,
and the cost for such actions shall be borne by the owners or management
personnel.
Article 25-1
Passengers or personnel of vehicles, vessels or aircrafts violating
the second paragraph of Article 17 shall be fined an amount ranging
from NT$3,000 to NT$15,000.
Article 25-2
The punishment for violators who fail to apply quarantine by not
complying with subparagraph 6 of the first paragraph of Article 24
or the preceding article may be reduced or exempted, if the
circumstances are minor.
The standards for determining the reduction or exemption of punishment
mentioned in the preceding paragraph are to be determined and
promulgated by the central competent authority.
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
The third and fourth paragraphs of Article 17 as well as the first
and third paragraphs of Article 24 that are related to the regulations
mentioned in the fourth paragraph of Article 17 of this Act shall come
into force one year after the promulgation date; the rest of this Act
shall come into effect on the date of promulgation. |