Law No. 3348-XII on plant quarantine.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Law determines the general legal, organizational, financial and economic basis of plant quarantine, activities of the state bodies, enterprises, institutions, organizations, officials and citizens aimed at preventing the entry and spreading of dangerous pests, plant diseases and weeds which are not present in the territory of Ukraine. The Main State Agency on Plant Quarantine of Ukraine together with the Central scientific and research quarantine laboratory and the Central fumigation team of the Ministry of Agriculture and Food of Ukraine are the central state bodies with the special responsibilities in the sphere of plant quarantine (art. 5). In case when quarantine objects are spotted the Main state inspector on plant quarantine of Ukraine and state plant quarantine inspectors during the coming 24 (twenty four) hours submit a request to the appropriate local or regional self-government body, local body of the state executive power or Cabinet of Ministers of Ukraine to introduce the special quarantine regime (art. 8). In the territory with the special quarantine regime the following measures can be carried out: 1)restrictions for vehicles to leave the territory and their examination; 2) use of resources of enterprises and organizations to localize and liquidate the quarantine objects with further reimbursement of spending; 3) ban to ship out the appropriate under-quarantine materials; 4) decontamination of the under-quarantine materials and objects; 5) technical processing or destruction of under-quarantine materials (art. 9). All the under-quarantine materials and objects, that cross the state border of Ukraine or the boundaries of the special quarantine zones, are subject to the phytosanitary control (art. 11). Citizens and managers, guilty for violating the plant quarantine legislation, are called to account for this in compliance with the legislation of Ukraine. Employees of enterprises, guilty for violating the quarantine requirements on shipping the underquarantine materials out of the quarantine zones or importing them, are fined in legal form after the Main state inspectors on plant protection submit the appropriate request (art. 16). The state phytosanitary inspector is obliged to issue a quarantine certificate to the applicant or to make a decision to refuse to issue it on the basis of an application by the owner of the cargo or a person authorized by him for the issuance of a quarantine certificate and the conclusion of the phytosanitary examination (analysis). The decision to refuse to issue a quarantine certificate is provided to the person in writing by electronic means no later than the day following the day of making the relevant decision. Imported and transit cargoes with regulated objects must meet the following requirements: (a) be free from quarantine organisms; and (b) be accompanied by the original phytosanitary certificate or phytosanitary certificate for re-export, if such a certificate is required in accordance with the current phytosanitary measures. The holder of the State Register of Seed and Nursery Entities provides free, round-the-clock and gratuitous access to its information to the state phytosanitary inspector. The Law consists of 3 Chapters that contain 22 articles. Chapter 1 lays down the general provisions. Chapter 2 establishes state regulations of plant quarantine. Chapter 3 lays down the final provisions.
Attached files
Web site
Entry into force notes
The Law enters into force from the date of its official publication.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
ЗАКОН УКРАЇНИ Про карантин рослин.
Amended by
Implemented by