Law No. 4147-IX “On state regulation of plant protection”.
Country
Type of law
Legislation
Abstract
This Law defines the legal and organizational framework for implementing measures to identify phytosanitary risks and ensure an adequate level of phytosanitary protection, limit and prevent the spread of harmful organisms during the circulation of plants, products of plant origin and other objects, handling plant protection products, as well as state control and other official measures in the field of plant protection in order to verify compliance with plant protection legislation. This Law applies to: (a) circulation of plants, products of plant origin and other objects; (b) handling of plant protection products; (c) implementation of phytosanitary measures and procedures, plant protection measures; and (d) import (shipment) into the customs territory of Ukraine, movement through the territory of Ukraine and export outside the customs territory of Ukraine of plants, products of plant origin and other objects, plant protection products. Laboratory research is conducted by authorized laboratories in accordance with the procedure established by the Cabinet of Ministers regarding: (a) harmful organisms, plants, products of plant origin and other objects; (b) plant protection products; and (c) residual quantities of plant protection products in plants, products of plant origin and other objects. Plants, plant products or other objects that are capable of harboring, carrying or spreading regulated harmful organisms are subject to phytosanitary procedures to establish their phytosanitary status. Monitoring is carried out at intervals established by the competent authority with the consideration of: (a) phenological phase (period) of plant vegetation; (b) biology of regulated harmful organisms; (c) phytosanitary risk; and (d) phytosanitary requirements of the importing country. The maintenance of state registers in the field of plant protection shall be ensured by the competent authority by including, excluding and updating information on market operators who, in accordance with this Law, are subject to state registration in the field of plant protection. The general principles of integrated pest management are: (a) preventing the development of populations of harmful organisms and/or implementing measures to protect plants from harmful organisms by combining various measures; (b) monitoring the development of spreading of harmful organisms; (c) making informed decisions on the need to apply plant protection measures; (d) preferential use of non-chemical methods of plant protection; (e) compliance with regulations for the use of plant protection products; and (f) assessing the effectiveness of plant protection measures based on data on their application and the results of monitoring. In the event of import (transfer) into the customs territory of Ukraine of regulated harmful organisms such harmful organisms, plants, products of plant origin and other objects must be kept at quarantine stations or in isolated facilities. Traceability of the movement of plants and products of plant origin on the national territory shall be ensured by accompanying plant certificate. This Law contains XIII Sections divided into 89 Articles. Section I lays down general provisions. Section II establishes the powers of executive bodies in the field of plant protection. Section III establishes entities in the field of plant protection. Section IV determines plant protection system. Section V classifies harmful organisms. Section VI regards handling of plant protection products. Section VII establishes traceability in the field of plant protection. Section VIII regards international trade. Section IX regards material, technical and informational support of the competent authority. Section X regards official events. Section XI regards international cooperation. Section XII establishes liability for the infringement of plant protection legislation. Section XIII lays down final and transitional provisions.
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Date of text
Entry into force notes
This Law shall enter into force three years after the date of its publication, except for subparagraph "c" of subparagraph 3, subparagraphs 10, 11, paragraphs of the third and fourth subparagraph "a", subparagraphs "c" - "g" of subparagraph 16, subparagraphs 18, 20 of subparagraph 3, subparagraph 5 of this section, which shall enter into force on the day following the date of publication of this Law.
Repealed
No
Source language
English
Legislation Amendment
No
Original title
ЗАКОН УКРАЇНИ Про державне регулювання сфери захисту рослин.
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