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Chapter Law Content

Chapter I. GENERAL PROVISIONS
Article 1
This Act is enacted to control plant diseases and pests and prevent their spread. Matters not provided herein shall be governed by other applicable regulations.
Article 2
As used in this Act, the term "competent authority" shall denote the Council of Agriculture, Executive Yuan at the central government level (hereinafter referred to as the "central competent authority"); the municipal government at the municipality level (hereinafter referred to as the "municipal competent authority"); and the county (city) government at the county (city) level (hereinafter referred to as the "county (city) competent authority").
Article 3
As used in this Act, the terms shall be defined as follows:
I."Plants" refer to the seed plants, ferns, mosses, liverworts and useful fungi, and the portion thereof which may be propagated or cultivated.
II."Plant products" refer to 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.
III."Pests" refer to 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.
IV."Plant disease and pest damages" refer to the harm and losses caused by pests to plants.
V."Susceptible plants" refer to host plants which are easily infected or infested with specific plant diseases and pests.
VI."Cultivation media" refer to the soil, peat and other natural or artificial media to which plants are attached or fixed to sustain plant life.
Article 4
The municipal or county (city) competent authority shall establish or designate plant protection authority with duly authorized personnel.
The central competent authority shall establish plant protection and quarantine authority with duly authorized personnel, and establish plant protection research institution if so deemed necessary.
Article 5
Plant protection officers shall have the authority to enter the cultivation places, warehouses and other relevant places or vessels, vehicles or aircrafts to inspect plants, plant products and the package and containers thereof, examine relevant data of surveying, monitoring or prevention for pests or make enquiries of relevant parties used for public transportation. No particular owner or relevant party shall withhold consent to the said inspection or examination.
Plant quarantine officers shall have the authority to inspect plants, plant products and the package, container, commodity, postal parcel, luggage, vessels, vehicles, aircrafts and warehouse thereof, examine relevant data or make enquiries of relevant parties. No particular owner or relevant party shall withhold consent to the said inspection or examination.
Article 6
Government authorities concerned shall render the necessary assistance and support to the 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 implementation of this Act;the regulations for aforementioned reward shall be promulgated 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 powers nor infringe the rights and interests of another person. The central competent authority shall promulgate the regulations for the enforcement of plant protection and quarantine.