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Title: Regulations for Approving Imports of Designated Plant Regulated Articles or other Articles CH
Amended Date: 2015-05-25
Category: Council of Agriculture(行政院農業委員會)
Article 1
This Regulations are established pursuant to the second paragraph of Article 14 and the second paragraph of Article 15 of the Plant Protection and Quarantine Act (hereinafter called “ the Act ” ).
Article 2
To import designated regulated articles pursuant to subparagraph 1 of the first paragraph of Article 14 and other articles pursuant to the first paragraph of Article 15 (hereinafter called “ the designated regulated articles ” ), importers shall submit the application with the following documents to the central competent authority for approval:
1.Related experiment, research, educational or exhibition projects including duration for the intended use. If the use of the designated regulated articles or their derivatives are needed, it must be clearly noted in the project;
2.Name, quantity, source, basic information and pest status of the designated regulated articles to be imported;
3.Post-entry quarantine management plan (including the address, the location, safety measures and operating procedures of the isolation site);
4.Packing methods and the routes and means of transportation, domestically and abroad;
5.Other related documents and information required by the central competent authority.
If the requisite documents of the preceding paragraph are incomplete, the central competent authority shall issue a notice to require supplementation or correction within a specified time period. If such supplementation or correction is not made or is made, or the submitted content remains incomplete within the deadline, the application will not be accepted.
The plant quarantine authority shall dispatch the inspector to perform the on-site audit of the isolation site as denoted in subparagraph 3 of the first paragraph and notify those who have failed the inspection to make improvements within two months. If the required improvement is not made by the deadline, the plant quarantine authority shall revoke the approval.
Article 3
For the application stated in the preceding Article, the importers can only process the importation based on the approval as specified on the import permits issued by the central competent authority.
The import permit is valid within three months from the day issued. For importers who are incapable of completing the importation in the specified duration, the specific importer may apply for extension only for one time ten days prior to the expiration of the period. The extension shall not exceed three months.
The duration of the intended use of the approved designated regulated articles shall not exceed five years unless the importers apply for an extension.
Article 4
The importers or their agents shall import the designated regulated articles accompanied by the import permit to apply for quarantine inspections.
The designated regulated articles shall be escorted or sealed and transported domestically by the inspector dispatched by the plant quarantine authority; the importers or their agents shall provide transportation vehicles or bear the expense for the transportation.
The designated regulated articles being transported to the isolation site shall not be opened and used before being checked by the inspector dispatched by the competent plant quarantine authority of the location.
Article 5
The importer shall utilize the designated regulated articles under the intended purposes in the location as approved by the central competent authority.
In case there are any changes made in the post-entry quarantine management plan stated in subparagraph 3 of the first paragraph of Article 2, importers shall fill out applications and turn in whatever changes in the address, the location, safety measures and operating procedures of the isolation site, packaging methods, the alternative routes and means of transportation. The changed project can only be implemented after being approved by the central competent authority.
The designated regulated articles approved for importation shall be subject to supervision of their use by the plant quarantine authority. Evasion, hindering or denial of such supervision by the importers is prohibited. While in use, the importer shall take appropriate control measures and notify the plant quarantine authority immediately in case any harmful plant pest or disease occurs. The costs associated with such measures shall be borne by the importers.
Containers, tools, package materials, cultivation medium, plants or plant products and their derivatives and other articles used by or in contact with the designated regulated articles shall be controlled along with the designated regulated articles under this Regulations and subject to proper treatment or be destroyed after the usage.
If the designated regulated articles are used for experiment, research or education, and the duration is more than one year, the importers shall provide the management records of the last fiscal year to the plant quarantine authority before March 31 each year.
Article 6
The importer shall re-export or destroy the designated regulated articles and their derivatives upon the expiration date jointly with the plant quarantine authority.
The importer may apply for approval by the central competent authority to extend the duration of the use of the designated regulated articles for experiment, research or education thirty days prior to expiration date; the extension shall not exceed five years. Application for extending the duration of exhibitive use may be done three days prior to the expiration date; the extension shall not be longer than the exhibition project.
To apply for an extension under the preceding paragraph, importers shall submit the record and the reports of usage, reason of extension, follow-up safety measures. The plant quarantine authority may, if it deems necessary, dispatch inspectors to conduct an on- site inspection.
Article 7
Except the application for exhibition use, importer may apply for approval by the central competent authority to lift the restriction of usage of the designated regulated articles thirty days prior to expiration date.
For the application stated in the preceding paragraph, the restriction may be lifted after ad hoc verification and confirmed there is no risk of plant diseases and pests by the central competent authority.
Article 8
The importers shall submit to the central competent authority a final report within 30 days after the expiration date for the permitted use. The reference numbers of the import permit shall be included in the pertinent reports.
Article 9
The provisions of paragraph 2 and 3 of Article 3, paragraph 2 and 3 of Article 4, paragraph 5 of Article 5, Article 6, and the preceding article do not apply to the importation of experimental or research use of Drosophila melanogaster or other designated regulated articles published by the central competent authority; the import permit of such importations is valid from the day issued until December 31 of the year.
Before the importers intend to distribute the said Drosophila melanogaster or other designated regulated articles and their derivatives published by the central competent authority of the preceding paragraph to governmental agencies (institutions), public enterprises, schools,corporations or organizations registered under relevant laws (hereinafter users) for experiment or research, they shall submit the distribution plan for approval by the central competent authority to start up the distribution and takeover.
Users as referred to in the preceding paragraph shall provide isolation sites approved by the plant quarantine authority.
The importers and users shall destroy the said Drosophila melanogaster or other designated regulated articles and their derivatives of the paragraph 1 and paragraph 2 after using them.
The importers and users shall fill out records of the importation, distribution, takeover, and destruction of the said Drosophila melanogaster or other designated regulated articles and their derivatives of paragraph 1 and paragraph 2 and keep them for three years for the examination of the plant quarantine authority.
The plant quarantine authority shall dispatch an inspector to conduct the on-site audit of the isolation site of paragraph 3 and check on the records of usage of the preceding paragraph during October to December every year.
The plant quarantine authority shall revoke the approval and stop the qualification to takeover and apply usage next year, and the users shall destroy all of the Drosophila melanogaster and other designated regulated articles and their derivatives before the deadline when the isolation site of users not compliant with the relevant paragraphs or not fill out records or keep the records pursuant to the paragraph 5.
Article 10
This Regulations become effective on the date of promulgation.