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Law No. 7662 on Plant Protection Service.

Country
Type of law
Legislation
Source


Abstract
The purpose of the Law is the protection of plants and plant products, especially agricultural plants and products, from pests and other non-parasitic diseases. It also promotes the application of international legislation in the field of plant protection and the avoidance of health risks for humans and animals, originating from the use of pesticides and other plant protection measures. Some definitions are given in the general provisions: inspector, Minister, pest, quarantine pest, pesticide, registration, etc. In the chapter regarding pest control, the responsibility of using the necessary precautions against pests and preventing their spread and propagation is on those persons who cultivate, produce, store, process or sell plants or plant products. In cases where the spread of a pest constitutes a hazard, the producers must take special control measures, otherwise the necessary action is taken by the Plant Protection Service with the cost borne by the offender. Only for those pests especially indicated by the Ministry of Food and Agriculture, does the Government assume, the necessary expenses for the controls carried out by the owner. Seeds and other planting material are used only after phytosanitary tests have shown that they are free from quarantine or other hazardous pests. The infested material is rehabilitated, processed, consumed or destroyed at the expenses of the owner or, in special cases, by the State.
The chapter concerning plant quarantine specifies that it is prohibited to import and export plants and plant products without the appropriate control and a phytosanitary certificate. The imported plants and plant products that are found to be infected with quarantine pests are barred at the quarantine border point by inspectors, who have the right to send back, carry out a rehabilitation process or destroy them at the owner's expense. The cultivation and propagation of plants infected with quarantine pests is prohibited. It is obligatory to immediately notify the authorities of the Plant Protection Service of the discovery of any pest not previously present in the area and of intensive pest infestation. When an area is contaminated with a quarantine pest that may spread, the inspector makes a written statement to this effect, declaring that the area and its surroundings are infected. He may also bar or limit the transit of persons, plants and plant products within and outside the contaminated area. Inspectors are given the right to bar plants and plant products when they detect infringements of this Act. The time, the reason for such action and the procedure to be followed must be communicated in writing to the owner. It is established in the chapter on pesticides that all pesticides used for phytosanitary purposes within the territory of the Republic are subject to registration by the Ministry of Agriculture and Food, in cooperation with the Ministry of Health and Environmental Protection. The technical opinion for the approval or denial of registration is provided by the State Pesticides Commission. The Ministry of Agriculture and Food, with the cooperation of the Ministry of Health and Environmental Protection, has the right to review, extend, cancel, suspend and amend a registration decision, as well as authorize, when he considers it necessary, the use of unregistered pesticides. In order to import pesticides, natural and legal persons need an import licence issued by the Ministry of Agriculture and Food for a specific period of time. A licence issued by the Directorate of the District is necessary to trade in pesticides. The Act provides that the use of pesticides near coastal areas, lakes and reservoirs may be prohibited. Expired or ineffective pesticides and their packaging must be disposed of in appropriate places, according to the rules and procedures set by the Ministry of Health and Environmental Protection in cooperation with the Ministry of Agriculture and Food. The Institute of Plant Protection is appointed to carry out quality control of pesticides. It conducts scientific research in this field, diagnostics and forecasting, recommends control and quarantine measures against plant pests and carries out biological-agronomical tests for the registration of pesticides. Offences and penalties are given in the final provisions.
Date of text
Notes
Supersedes Law No. 7188 of 29 December 1987 on Plant Protection Service.
Repealed
Yes
Publication reference
FAL No. 44, 1995, pp. 25-30.
Source language

English

Legislation Amendment
No