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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/06/02 17:18
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Chapter Law Content

Chapter 1. GENERAL PROVISIONS
Article 1
This Act is enacted to control plant diseases and pests and prevent their spread. Any matters not covered by this Act shall be governed by other applicable law.
Article 2
Competent authorities as referred to in this Act: At the central government level: the Council of Agriculture, Executive Yuan (hereinafter referred to as the "central competent authority"); at the special municipal level: the government of the special municipality (hereinafter referred to as the "municipal competent authority"); and the county (city) government at the county (city) level: the government of the county (city) (hereinafter referred to as the "county (city) competent authority").
Article 3
The terms as used in this Act are defined as follows:
1. "Plants" mean the seed plants, ferns, mosses, liverworts and useful fungi, and the portion thereof which may be propagated or cultivated.
2. "Plant products" mean the seeds or their embryos, bulbs, rhizomes, tubers, fresh fruits, nuts, dry fruits, vegetables, fresh flowers, dry flowers, grains, fresh medicinal herbs, lumbers or woods, organic media, and fertilizers originating from plants, whether processed or not, which are likely to spread plant diseases and pests.
3. "Pests" mean the fungi, slime molds, bacteria, viruses, viroids, phytoplasmas, parasitic plants, weeds, nematodes, insects, acarines, mollusks, other invertebrate animals, vertebrates animals, and any pathogenic agent that is directly or indirectly harmful to plants. It also denotes invasive plants that are likely to result in damages to the ecosystem.
4. "Plant disease and pest damages" mean the harm and losses caused by pests to plants.
5. "Susceptible plants" mean host plants which are easily infested with specific plant diseases and pests.
6. "Cultivation media" mean the soil, peat, and other natural or artificial media to which plants are attached or fixed to sustain plant growth and development.
Article 4
The competent of authority of the special municipality or county (city) shall establish or designate plant protection authority with duly authorized officers.
The central competent authority shall establish plant protection and quarantine authority with duly authorized officers and, if necessary, may establish a plant protection research institution.
Article 5
When it is deemed necessary for plant protection, plant protection officers may have the authority to enter the cultivation places, warehouses and other relevant places or vehicles, vessels, or aircraft to inspect plants, plant products and their packages, containers, and relevant objects, to conduct pest surveying, monitoring, or control, and to examine relevant data or make enquiries of relevant parties. The owner or relevant party shall not evade, obstruct, or refuse.
When it is deemed necessary for plant quarantine, plant quarantine officers may have the authority to inspect plants, plant products and their packages, containers, commodities, postal parcels, luggage, vehicles, vessels, aircraft, and warehouses thereof, and to examine relevant data or make enquiries of relevant parties.
The owner or relevant party shall not evade, obstruct, or refuse.
Article 6
Government authorities concerned shall render the necessary assistance and support to plant protection or quarantine officers in implementing control measures.
Article 6-1
Informing of violations against plant protection and quarantine regulations shall be rewarded to facilitate the implementation of this Act; the regulations for relevant rewards shall be prescribed by the central competent authority.
Article 7
In performing their duties in accordance with this Act, plant protection or quarantine officers shall neither exceed their authority nor infringe on the rights and interests of another person. The central competent authority shall prescribe the regulations for the enforcement of plant protection and quarantine.
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