Law No. 40/2025 on Plant Health.

This Law defines the rules and procedures for the prevention, detection, and control of plant pests, with the aim of safeguarding plant production, agricultural resources, and related economic activities. It sets out measures applicable to the movement, monitoring, and management of plants and plant products within the national territory and in cross-border contexts.
The Law introduces a structured system for phytosanitary risk management, including the classification of pests according to their potential impact on plant health, the environment, and economic activity. Within this system, particular attention is given to pests identified as posing a higher level of risk. For these cases, the Law provides specific procedures, including the preparation of contingency plans and the establishment of response measures intended to enable timely intervention in the event of an outbreak.
Provisions are included for the traceability of plants and plant products through a plant passport system. The Law requires professional operators to ensure that relevant consignments are accompanied by standardized documentation, with provisions that allow for the use of digital systems to support traceability and record-keeping. These measures are intended to facilitate the identification of the origin and movement of plants and plant products in cases where phytosanitary issues arise.
The Law defines the roles and responsibilities of competent authorities. It establishes procedures for official controls, including inspections, sampling, and verification activities, which may be carried out on a risk-based basis. In specific situations involving suspected quarantine pests, inspectors are granted authority to take immediate measures, including access to premises and the collection of samples in accordance with legal procedures.
Transitional provisions regulate the implementation of the new legal requirements over a defined period. Existing operators are required to adapt their activities, including registration and compliance with updated technical and administrative standards. These provisions establish timelines and conditions for the gradual application of the Law across relevant sectors, including production, trade, and plant-related services. The Law also contains provisions concerning the responsibilities of operators, reporting obligations, and measures to be taken in cases of non-compliance. It addresses the handling of plants, plant products, and other regulated articles, as well as coordination between authorities involved in plant health protection.