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Plant Protection Act of 2023.

Country
Type of law
Legislation
Source

Abstract
Part I of this Act sets out the definitions of related terms, and shall be interpreted in accordance with the IPPC’s International Standard for Phytosanitary Measures No. 5 Glossary on Phytosanitary Terms, as may be amended from time to time.
Part II lays down provisions on the establishment and functions of the National Plant Protection Organization for the regulation of plant health in Barbados; functions of the Chief Plant Health Officer; appointment of plant protection inspectors; designation of official analysts, official laboratory and reference laboratory; establishment of an Advisory Working Group to advise the Minister and the Organization on issues of plant protection; Phytosanitary Emergency Fund to be used during a phytosanitary emergency; establishment of a register of operators to keep records relating to imports, exports, domestic producers and nurseries of plants, plant products and other regulated articles; principles for the approval and implementation of phytosanitary measures; and review, evaluation and audit of the Organization by an external body.
The functions of the National Plant Protection Organization are listed in Section 4, including but not limited to: issuing phytosanitary certificates for export, re-export and transit; enforcing phytosanitary measures for the purpose of preventing the introduction and spread of pests; carrying out surveillance of any ornamental and growing plant, including areas under cultivation and wild flora, and of any plant and plant product in storage or in transport; inspecting and testing any consignment of a plant and plant product; conducting pre-shipment inspections; protecting endangered areas; conducting pest risk analyses; establishing auditing and trace-back procedures for any plant, plant product and other regulated article for phytosanitary certification; controlling all plant pests, including living modified organisms, biological control agents and invasive alien species; developing a list of quarantine pests, regulated non-quarantine pests, regulated articles and pests of national concern and regularly updating and publishing those lists; establishing and maintaining registers of operators, nurseries, farmers and phytosanitary service providers; coordinating laboratories, plant quarantine stations and other phytosanitary facilities; and conducting research and investigation in the field of plant protection.
Part III regulates the import of plant, plant product or other regulated article into Barbados. This Part includes provisions on the obligations for and restrictions on import. It prescribes rules for the application for an import permit, arrival notification, inspection on importation, standards and requirements for inspection facilities, detention or destruction of imports, and designation of plant quarantine stations and places for inspection. The Minister may restrict certain imports for the protection of plant resources, human health, animal health or the environment.
The rules for the export a plant, plant product or other regulated article from Barbados are determined in Part IV, such as restriction on exports, issuance of a phytosanitary certificate; duties of the exporter for re-export; and authorization for transit of a consignment of plants, plant products or other regulated articles.
For the purpose of eradicating regulated pests, regulated non-quarantine pests and pests of national concern, Part V provides rules for phytosanitary control measures, list of declared pests, duty to notify the Organization, general and specific surveillance, declaration of quarantine, quarantine procedures, declaration of phytosanitary emergency, and conditions for the declaration of low pest prevalence area and pest free area.
Part VI lays down enforcement rules, such as the powers of a plant protection inspector, and appeal from an action or decision of a plant protection inspector. Part VII determines offences and penalties, procedure for offences, administrative penalty, powers of the Chief Agricultural Officer in administrative proceedings, and fixed penalty notice for prescribed offences, and Part VIII sets out miscellaneous provisions.
Long title of text
An Act to provide for the protection of plant resources by preventing the introduction plant pests and controlling the spread of plant pests in order to facilitate the trade in plants and plant products in accordance with the obligations under the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures, the International Plant Protection Convention and the International Standards on Phytosanitary Measures; and for related matters.
Date of text
Entry into force notes
This Act shall come into force on a date to be fixed by Proclamation.
Repealed
No
Source language

English

Legislation Amendment
No