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

Print Time:2024/06/02 20:17
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Chapter Law Content

Chapter 3. PLANT QUARANTINE
Article 13-1
The central competent authority may designate plants, plant products, and any other articles which are likely to spread pests, and publicly notify that these articles are subject to import quarantine (hereinafter referred to as "regulated articles").
The plant quarantine authority may carry out quarantine treatment, reshipment, destruction, or other necessary measures whenever plants, plant products, or other kinds of articles are found to have the risk of spreading pests but are not listed as regulated articles in the preceding Paragraph.
Article 14
The central competent authority may, based on the epidemic status and risk of harm caused by the pests, publicly notify the quarantine regulations for the importation of regulated articles and take the following quarantine measures:
1. Prohibition.
2. Quarantine requirements for relevant management.
3. Post-entry quarantine.
The contents of quarantine regulations mentioned in receding Paragraph include regulated articles, species of pests, specific countries or districts, quarantine regulations, quarantine measures, and other related matters.
Governmental agencies (institutions), public enterprises, schools, juridical persons, or organizations registered under relevant laws may import and share regulated articles prohibited under Subparagraph 1 of Paragraph 1 for purposes of experiments, research, education, legal deposit, or exhibition by applying for approval from the central competent authority; the application process of importation and sharing, the way of declaration, safety control measures, treatment method, and the production and retaining of the usage record, report or monograph as well as the regulations of other relevant matters shall be prescribed by the central competent authority.
For the regulated articles with capability of propagation, if there is no import record from their export country or district, the export country or importer(s) or their agent shall submit the relevant data of pest risk assessment to the plant quarantine authority. The regulated articles must be approved by the plant quarantine authority before they may be imported. During risk assessment, the plant quarantine authority may ask the export country or importer(s) or their agent for supplementary data from the plant quarantine authority of the export country or dispatch personnel to the export country for verification and confirmation.
The cost for verification shall be borne by the export country or importer(s) according to the relevant laws and regulations. The application process, the required documents, and information and the methods and procedures of implementing risk assessment shall be prescribed by the central competent authority.
The application process and procedure of post-entry quarantine, the requirements for the establishment of quarantine sites, and other relevant regulations in relation to Subparagraph 3 of Paragraph 1 shall be prescribed by the central competent authority.
Article 15
For the following articles are prohibited from importation:
1. Pests.
2. Natural enemies, antagonists or competitors and other organisms used as biological control agent for controlling pest. However, those which are assessed and confirmed to be free of pest risk by the central competent authority, or microbial agents that are imported in compliance with the regulations of the Act on Agro-pesticides Management are not subject tothis restriction.
3. Soil.
4. Plants, plant products, or other articles attached to soil.
5. Packages or containers used for the articles mentioned in the preceding four Subparagraphs.
Governmental agencies (institutions), public enterprises, schools, juridical persons, or organizations registered under relevant laws with one of the following situations may apply to the central competent authority for importing the objects mentioned in the preceding Paragraph:
1. For purposes of experiments, research, education, or exhibition.
2. Legal deposit of articles that are mentioned in Subparagraph 1 and 2 of the preceding Paragraph.
3. Articles mentioned in Subparagraphs 1 and 2 of the preceding Paragraph used for producing pest-risk-free products.
4. Insect pollinators mentioned in Subparagraph 1 of the preceding Paragraph, or biological control agents mentioned in Subparagraph 2 of the preceding Paragraph that are used for field pollination or biological control, which have been assessed and approved by the central competent authority.
5. In accordance with other specific purposes that are publicly notified by the central competent authority.
For articles that are imported in accordance with Subparagraph 1 and 2 of the preceding Paragraph for the purposes of experiments, research, education, legal deposit, or exhibition, maybe shared for use upon the approval of the central competent authority.
The application process, declaration, safety control measures, treatment methods and production and retaining of usage record, report or monograph, and regulations of other relevant matters regarding risk assessment for importation of those mentioned in Paragraph 2 and sharing mentioned in the preceding Paragraph, shall be prescribed by the central competent authority.
Article 16
Importer(s) or their agent importing the regulated articles shall provide phytosanitary certificates issued by the plant quarantine authority of the exporting country. However, this requirement does not apply to those exempted from inspection as announced by the plant quarantine agency.
If the importer(s) fail to submit phytosanitary certificates pursuant to the preceding Paragraph or the phytosanitary certificates submitted contain information inconsistent with the pertinent quarantine requirements, the plant quarantine authority shall take one of the following measures, and the cost shall be borne by the importer(s).
1. Submission of properly corrected phytosanitary certificates within a specified time limit.
2. Quarantine treatment.
3. Reshipment.
4. Destruction.
The phytosanitary certificate issued by the plant quarantine authority of the exporting country, as mentioned in Paragraph 1, may be provided electronically with consent of the plant quarantine authority.
Article 16-1
Plants or plant products that have been unloaded at or transshipped through the countries and districts declared by the central competent authority for prohibiting of entry or requiring taking related measures according to quarantine conditions in the Paragraph 1 of Article 14, shall be approved by the plant quarantine authority before importation; if not, the plant quarantine authority may take necessary actions.
Article 17
The importer(s) or their agent shall apply to the plant quarantine authority for quarantine of the regulated articles to be imported or transited before their arrival at the ports of entry. The said importer or agent shall not unwrap or move the said plants or plant products before the completion of quarantine inspections.
Passengers or personnel of the vehicles, vessels, or aircraft carrying the regulated articles shall apply for plant quarantine upon arrival at the port of entry.
The regulated articles shall not be imported through postal mail; otherwise, the regulated articles shall be reshipped or destroyed.
However, the following circumstances are examped from the restriction: 1.The regulated articles that are declared by the plant quarantine authority in accordance with the provisions in Paragraph of Article 16 for the exemption of the phytosanitary certificate.
2.Recipients of the regulated articles have applied to the plant quarantine authority and received the approval of import in advance.
The regulated articles that are imported through postal mail in accordance with the provisions of the preceding Paragraph shall be packaged with a legible label indicating the content. In addition, the postal authority shall cooperate with the plant quarantine authority to inform the recipient to apply for quarantine from the authority. The recipients who receive postal mails without quarantine certificates shall apply for quarantine from the plant quarantine authority immediately upon receiving them.
For regulated articles that are not for importation purposes but have entered and are stored in Free Trade Zones, the procedure of applying for quarantine and the requirement of documents may be simplified, and the protocol of the said simplification are to be prescribed by the central competent authority.
Article 18
Upon the completion of quarantine, the plant quarantine authority shall issue a certificate of non-compliance for those that are not compliant and shall forbid their import; the importer(s) or their agent who comply with the regulations may apply for the certificate of compliance.
Article 18-1
Reapplication for quarantine of regulated articles or articles listed in Article 15 to be exported or imported, which are determined to not comply with pertinent rules or regulations, shall not be permitted.
Article 19
If any pest is found in the imported regulated articles after quarantine inspection, the plant quarantine authority shall notify and request the importer(s) or their agent to disinfect, destroy, or reship such regulated articles together with the packages and containers thereof withina prescribed time limit. If no such action is taken within the said time limit or if taking emergency measures is necessary, the plant quarantine authority shall directly dispose of the regulated articles, and the cost for such actions shall be borne by the importer(s).
The pest species mentioned in the preceding Paragraph are limited to those declared by the central competent authority in accordance with Paragraph 1 of Article 14, or those that have not been confirmed to be present in the Republic of China.
Article 19-1
Plants or plant products in transit that are suspected of being infested by pests or possibly spreading pests may be subject to appropriate quarantine or other safety measures determined by the plant quarantine authority.
Article 20
If an importing country requests a quarantine certificate for plants or plant products to be exported, the exporter(s) may apply to the plant quarantine authority for quarantine of the plants or plant products. The quarantine authority shall issue a phytosanitary certificate upon completion of the quarantine inspection.
The quarantine inspection mentioned in the preceding Paragraph shall be performed on the premises of the plant quarantine authority; on-site inspection may be performed if deemed necessary by the authority.
Article 21
Necessary costs may be charged for quarantine services performed.
The rates and fee schedule shall be prescribed by the central competent authority.
Article 21-1
The mode, procedure, and duration of application, quarantine operation procedure, standard, and method of quarantine treatment, treatment for pests, post-entry quarantine procedure, issuance of phytosanitary certificate, and other related matters of quarantine of export, import, transit, postal mail delivery, and plants or plant products carried by passengers and personnel of vehicles, vessels, or aircraft shall be prescribed by the central quarantine authority.
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