Plant Health Act 2025 (No. 1 of 2025).

This Act, comprising 70 articles organized into X Parts, aims to protect plant health through the establishment of the Plant Quarantine and Phytosanitary Service Department in the ministry of agriculture, responsible for protecting plant health by preventing and controlling pests, regulating plant-related imports, exports, movement, and structures, and implementing phytosanitary measures. It also oversees inspections, diagnostics, pest surveillance, and treatments, supports international cooperation and compliance, and advises the government on improving plant health and agricultural productivity in line with global standards. Under Article 6, pest controllers have to be registered following the procedure outlined in Part III. Operating certain plant health-related structures, such as laboratories, nurseries, warehouses, and processing facilities, requires a certificate of registration issued by the Director. The registration process includes application, evaluation, and possible inspection. The import of plant and plant products is dealt with in Part V and the main provisions establish that (i) the importation of plants, plant products, and related articles requires a plant import permit and a phytosanitary certificate from the exporting country; (ii) applications for import permits must be submitted to the Director along with the prescribed fee (iii) permits are valid for six months and may be denied or revoked for non-compliance with permit terms, failure to meet phytosanitary requirements, or if the permit was obtained fraudulently; (iv) at ports of entry, owners, operators, and passengers of conveyances must declare plant items and provide required documentation. Inspectors may deny entry, quarantine, treat, return, or destroy items deemed to present a pest risk; (v) inspectors have the authority to seize, detain, or destroy infested or non-compliant consignments if necessary to prevent the spread of pests; (vi) for scientific or research purposes, the Minister may authorize imports under specific conditions. The export of plant and plant products is dealt with in Part V and the main provisions establish that (i) export or re-export of any plant, plant product, or related article requires a phytosanitary certificate; (ii) the exporter must apply to the Director for a phytosanitary certificate, paying the required fee; (iii) a certificate may be denied if the applicant fails to meet the requirements, or poses a pest risk; (iv) phytosanitary certificates are generally valid for 30 days, or a different period based on the risk profile. They may be suspended or revoked by the Director in cases of fraud, non-compliance with phytosanitary measures, or certificate conditions.
Part VIII concerns the main measures aiming to ensure early detection, quick containment, and effective eradication of plant pests to protect agriculture, biodiversity, and public health, namely (i) declaration of Quarantine or Infested Areas, including measures such as treatment or destruction of plants or articles, prohibition of movement or planting, and inspection or sampling by inspectors; (ii) establishment of Quarantine Stations, designationg locations for holding or cultivating imported material; (iii) eradication measures; (iv) declaration of the following special areas (a) Pest-free areas: with phytosanitary measures in place; (b) Low pest prevalence areas: where pests are under control; (c) Phytosanitary emergency: when pests pose rapid or serious threats; (v) regulatory and emergency powers, including (a) disinfection, treatment, and destruction procedures; (b) movement restrictions of plants and goods; (c) nursery registration and inspection; (d) fumigation and conveyance treatment.
Under Part IX inspectors can (i) enter and inspect areas where pests may be present or introduced; (ii) inspect plants under cultivation, in storage, or in transit; (iii) open and examine containers, packaging, or wrappings; (iv) inspect consignments being imported or exported; (v) inspect conveyances or even search people and luggage if suspected of hosting pests; (vi) order eradication or preventive measures, including destruction of plants or products; (vii) declare and quarantine infested nurseries or areas; (viii) take samples of plants or products; (ix) inspect equipment and supplies used in growing or handling plants.