日本植物保护法.doc

PLANT PROTECTION LAWCHAPTER 1 GENERAL PROVISIONS(PURPOSE OF THE LAW)Article 1. The objective of this Law is to ensure the stabilization and development of agricultural production by inspecting export plants, imported plants and domestic plants, by controlling injurious animals and plants and by preventing the outbreak and spread thereof.(DEFINITIONS)Article 2. Plants as used in this law shall mean any plant (including a part thereof, seed, fruit and processed goods such as straw mat, straw bale or other similar products) belonging to phanerogam, pteridophyte or bryophyte, exclusive of injurious plants specified in next paragraph.2. Injurious plants as used in this law shall mean any fungus, slime mold, bacterium, parasitic plant or virus which is directly or indirectly injurious to economic plants.3. Injurious animals as used in this law shall mean insect, mite and other arthropod, nematode and other invertebrate animals, and certain vertebrate animals which are proven to be harmful to economic plants.4. Forecast of outbreak program as used in this law shall mean the undertaking in which the outbreak of damage on agricultural crops due to injurious animals and plants is surmised beforehand by investigating the conditions of propagation of injurious animals or plants, weather, growth of agricultural crops, etc. and the information obtained thereby is offered to the parties concerned, in order to ensure timely and economical control of injurious animals or plants.5. Electronic information processing system as used in this law shall mean the electronic information processing system in which the electronic computer (including input/output devices, hereinafter the same) used by the Plant Protection Station is connected, through electronic communication lines, with the input/output devices used by the person who intends to report in accordance with the provision of Article 8, paragraph 1.(PLANT QUARANTINE OFFICIAL AND INSPECTOR)Article 3. Plant Quarantine Official shall be established in the Ministry of Agriculture Forestry and Fisheries to carry out the quarantine or the control stipulated in this Law.2. Temporary plant quarantine inspector may be established in the Ministry of Agriculture, Forestry and Fisheries to assist the business of quarantine control to be carried out by the Plant Quarantine Official.3. Temporary plant quarantine inspector shall be a part time employee.(AUTHORITY OF PLANT QUARANTINE OFFTCIAL)Article 4. Plant Quarantine Official may, if he deems that there exist plants, packing materials or containers thereof which may be infested with injurious animals and plants, enter land, premises, warehouse, business office, ship, train or airplane and inspect the plants concerned, packing materials or containers thereof, or ask question of the person concerned, or collect, without compensation a necessary minimum of sample of plants concerned, packing materials or containers thereof, etc. for inspection.2. Plant Quarantine Official may, in case he deems that there is an infestation of injurious animals or plants as s result of inspection under the provision of the preceding paragraph, and when it is necessary to control the same or prevent the spread thereof, order any person in possession of, or managing the plants concerned, packing materials or containers thereof, land, premises, warehouse, business office, ship, train or airplane concerned to disinfect the same.3. In the case of the preceding paragraph, the provision of Article 20, paragraph 1 (Compensation Against Loss) shall apply with necessary modifications.4. The authority of inspection upon entering the premises, questioning and collection of sample under the provision of paragraph 1 shall not be construed as being approved for a criminal investigation.(CARRYING OF IDENTIFICATION CARD AND UNIFORM)Article 5. Plant Quarantine Official and Plant Quarantine Inspector shall carry in person their identification cards indicating their official status in carrying out their duties in accordance with this Law. The identification card shall be shown to the persons concerned when Plant Quarantine Official or Inspector exercises his authority under the provision of paragraph 1 of the preceding Article, or when he has been so requested by the person concerned.2. Uniform of Plant Quarantine Official shall be determined by the Minister of Agriculture, Forestry and Fisheries.CHAPTER 2 FOREIGN PLANT QUARANTINE(QUARANTINE PESTS)Article 5-2. Quarantine pests as used in this Chapter shall mean the injurious animals and plants designated by the Ministerial Ordinance as those which, in case of their spread, are liable to cause damage to economic plants and coincide with either of the following items.(1) Injurious animals and plants not confirmed to exist in Japan.(2) Injurious animals and plants already present in a part of Japan and for which forecast of outbreak or other necessary control measures are being undertaken by the State.2. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries, in case he intends to establish the Ministerial Ordinance under the provision of the preceding paragraph, to hold a public hearing in advance and hear the opinions of interested parties and persons of knowledge and experience.(LIMITATION ON IMFORT)Article 6. Plants (excluding the plants not used for cultivation and designated by the Ministerial Ordinance as least liable to carry quarantine pests. Herein-after the same in this and next paragraph) and the packing materials or containers thereof shall not be imported unless the same are accompanied with phytosanitary certificate or a copy thereof issued by the government agency of exporting country certifying that the material has been inspected and found to be, or believed to be, free of injurious animals and plants. However, this shall not apply to the plants and packing materials or containers thereof listed in the following items. (1) Plants and packing materials or containers thereof shipped from the countries having no governmental organization for plant quarantine and which, for this reason, undergo a specially careful inspection under the provisions of this Chapter. (2) Plants and packing materials or containers thereof shipped from the countries designated by the Ministerial Ordinance and on which the matters to be described in the certificate of inspection or the copy thereof are transmitted from the government agency of exporting country, through electronic communication lines, to the computer referred to in Article 2 (Definitions), paragraph 5 and recorded in a file installed in the said computer.2. Plants, shipped from the districts designated by the Ministerial Ordinance and of which inspection at the site of cultivation is required by the Ministerial Ordinance in order to carry out the inspection under the provision of Article 8, paragraph 1 precisely, shall not be imported unless they are, in addition to the compliance with the provision of the preceding paragraph, attached with a certificate of inspection or a copy thereof stating that they are, as a result of inspection in cultivation field by government agency bf exporting country, free or believed to be free of the quarantine pests designated by the Ministerial Ordinance. In this case, the proviso to the preceding paragraph (excluding Item 1) shall apply with necessary modifications.3. Plants or prohibited articles as specified in paragraph 1 of the following Article shall not be imported at any place other than the seaports or airports designated by the Ministerial Ordinance, except the case where the import is made through mail.4. Plants or prohibited articles as specified in paragraph 1 of the following Article shall not be imported as mail other than small packet or postal parcel.5. Any person who has received plants or prohibited articles specified in paragraph 1 of the following Article as mail other than small packet or postal parcel shall report the same together with the goods concerned, without delay, to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries.6. When the Ministerial Ordinance as specified in the text of paragraph 1 or in paragraph 2 is to be enacted, the provision in paragraph 2 of the preceding Article shall apply with necessary modifications.(PROHIBITION ON IMPORT)Article 7. No person shall import any article as specified in each of the following items (Hereinafter referred to as prohibited). Provided, however, that the same shall not apply to the case where permit has been obtained from the Minister of Agriculture, Forestry and Fisheries to use the same for experimental and research purpose and for other special purposes stipulated by the Ministerial Ordinance.(1) Plants designated by the Ministerial Ordinance, which have been shipped from or passed through the district designated by the Minis-terial Ordinance; (2) Quarantine pests; (3) Soil or plants with soil; (4) Packing materials or containers of the articles specified in each of the preceding items.2. In case the permit under the proviso to the preceding paragraph has been obtained, the import shall be made by having a document, attached thereto, certifying that the permit has been obtained under the same paragraph.3. To the permit under the proviso to paragraph l, necessary conditions such as the method of import and of management thereafter, etc. may be attached.4. In case when the Ministerial Ordinance specified in paragraph 1, Item (1) is to be established, the stipulation under the provision of Article 5-2, paragraph 2 shall be applied with necessary modifications.(INSPECTION OF IMPORTED PLANT, ETC.)Article 8. Any person who has imported plants or prohibited articles shall, without delay, report the same to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries and shall have the inspection made by the Plant Quarantine Official in its original condition. The inspection shall be made of the plants, packing materials or containers thereof to determine whether or not the provisions of Article 6, paragraphs 1 and 2 are complied with and whether or not the same are prohibited articles or are infested with quarantine pests (excluding the quarantine pests designated by the Minister of Agriculture, Forestry and Fisheries. Hereinafter the same in this and next Article.); provided, however, that the same shall not apply to the case where the inspection under the provision of paragraph 3 has been made by the Plant Quarantine Official and where the import has been made by mail.2. The inspection of the preceding paragraph shall be made at the place designated by the Plant Quarantine Official within the seaport or airport under Article 6 (Limitation on Import), paragraph 3.3. Plant Quarantine Official may, in case he deems it necessary, inspect the plants, packing materials or containers thereof on board the ship or airplane prior to the import.4. It shall be the duty of any post office engaged in custom clearance, upon the receipt of small packet or post parcel containing or being suspected of containing plants or prohibited articles, to report the same, without delay, to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries.5. It shall be the duty of Plant Quarantine Official, upon the receipt of the report under the preceding paragraph, to inspect small packet or post parcel under the preceding paragraph. If it is necessary for the inspection in this case, he may open the mail concerned in the presence of post office official.6. Any person who has received a small packet or a postal parcel containing plants which has not undergone the inspection under the preceding paragraph, shall report the same together with the mail matter concerned, without delay, to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries for the inspection to be made by Plant Quarantine Official.7. As to the plants for propagation designated by the Minister of Agriculture, Forestry and Fisheries, the Plant Quarantine Official may, if he deems it necessary as a result of the inspection under the provisions of paragraph 1, 3, 5 or preceding paragraph, to further determine whether or not the same are infested with quarantine pests, order the owner of the plants concerned to cultivate the same in isolation and carry out the inspection at the cultivation site or he may undertake the isolated cultivation himself, in accordance with the provision of the Ministerial Ordinance.(DISPOSITION BY DISINFECTION AND DESTRUCTION, ETC.)Article 9. It shall be the duty of Plant Quarantine Official, in case plants, packing materials or containers thereof are found to be infested with quarantine pests upon the inspection under the preceding Article, to disinfect or destroy the plants, packing materials or containers thereof or order the owner or manager thereof to disinfect or destroy the same in his presence.2. Plant Quarantine Official may destroy plants and packing materials or containers thereof imported in violation of the provisions of Article 6 (Limitation on Import), paragraph 1 to 5 or Article 8 (Inspection of Imported Plants, etc.), paragraph 1 or 6, or may order any person possessing the same to destroy the same in his presence. This shall apply to the plants concerned in the case of violation against the order of isolated cultivation under the provision of Article 8, paragraph 7.3. It shall be the duty of Plant Quarantine Official to destroy prohibited article imported in violation of the provisions under Article 7 (Prohibition on Import).4. It shall be the duty of Plant Quarantine Official, in case he deems, as the result of inspection under the preceding Article, that the plants, packing materials or containers thereof are in compliance with the provisions of Article 6 (Limitation on Import), paragraph 1 and 2, and that the same are not prohibited articles and are not infested with quarantine pests, to issue a certificate to the effect that the same have passed the inspection.(NOTIFTCATION OR NOTICE OF ORDER, ETC., BY ELECTRONIC INFOR-NATION PROCESSING SYSTEM)Article 9-2. As to the notification specified under Article 8, paragraph 1, the Director of Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries may have the same made, in accordance with the Government Ordinance, by the use of electronic information processing system.2. To the person who has notified by using electronic information processing system in accordance with the preceding paragraph and has received inspection of the plants or prohibited articles, packing materials or containers thereof concerned, the Plant Quarantine Official may, by using the electronic information processing system in accordance with the Government Ordinance, give notice of order for disinfection or destruction specified in paragraph 1 of the preceding Article and give notice of certification to the effect that the same has passed the inspection specified in paragraph 4 of the same Article.3. The notification, notice of order or notice of certification specified in the preceding two paragraphs is construed as reached to the Plant Protection Station or released from the Plant Quarantine Official when the same has been recorded in the file of electronic computer of Article 2, paragraph 5. The notice of order or notice of certification is estimated as reached to the recipient concerned when due time needed for the output elapsed after the same was recorded in the file.4. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries to give public notice of the Plant Protection Station where the electronic computer of Article 2, paragraph 5 is used.(INSPECTION OF PLANTS FOR EXPORT)Article 10. Any person who intends to export plants, packing materials or containers thereof to any country requiring a certificate of inspection thereof by the exporting country shall have his plants, packing materials or containers thereof inspected and conformed to the requirements of the importing country concerned and shall not export the same unless it has passed the inspection.2. Inspection under the preceding paragraph shall be made at the Plant Protection of the Ministry of Agriculture, Forestry and Fisheries; provided that, if Plant Quarantine Official deems it necessary, it may be made at the location of the items to be inspected.3. Plants required by the importing country to be inspected at the place of cultivation, or other plants designated by the Ministerial Ordinance shall be inspected at the place of cultivation, and unless they have passed this inspection, they shall not be presented for the inspection under paragraph 1.4. Plant Quarantine Official, if he deems it necessary to conform to the requirements of importing country, may re-inspect the plants and other materials which have undergone the inspection under paragraph 1.(DELEGATION OF AUTHORITY)Article 11. Procedures and method of inspection and standard for action to be taken due to the result of inspection other than those provided in this Chapter shall be determined and made public by the Minister of Agriculture, Forestry and Fisheries.2. Tn the case of the preceding paragraph, the provision of Article 5-2, paragraph 2 shall apply with necessary modifications.CHAPTER 3 DOMESTIC PLANT QUARANTINE(DOMESTIC PLANT QUARANTINE)Article 12. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries to establish a quarantine service in accordance with the provisions of this Chapter to prevent the spread of injurious animals or plants which have been newly introduced or are already present in a part of the country.(INSPECTIO