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Chapter II. PLANT PROTECTION
Article 8
The central competent authority may publicly notify the types and scope of specific plant diseases and pests, and therefore establish a monitoring or surveying program.
The municipal or county (city) competent authority shall coordinate with the preceding program and execute the monitoring and surveying thereof.
The central competent authority may publicly notify the control scheme for plant diseases and pests pursuant to the preceding monitoring or surveying results and by referring to the domestic ecological environment, agricultural production, and other public interests.
The municipal or county (city) competent authority shall promulgate a regional control plan pursuant to the preceding scheme and report it to the central competent authority for approval before implementation, and the central competent authority shall inform the adjacent municipal or county (city) competent authority.
The costs necessary for the preceding regional control plan shall be jointly borne by the central competent authority and municipal or county (city) competent authority.
Article 8-1
Where the plants or plant products manifest plant diseases and pests, the owners and managers thereof shall control the plant diseases and pests pursuant to the notification or announcement of the municipal or county (city) competent authority.
Owners and managers of plants or plant products shall immediately report to the municipal or county (city) competent authority when control measures are practiced but are ineffective in curtailing the spread of a specific disease or pest found on their plants or plant products thereof.
Upon receiving the preceding report, the municipal or county (city) competent authority shall conduct necessary disposal immediately and report to the central competent authority to notify the adjacent municipal or county (city) competent authority and research and experiment station to assist in necessary disposal.
Article 9
The central competent authority may designate the types of plants for propagation purposes that require specific plant disease and pest inspection. The inspection regulations and fee schedule shall be promulgated by the central competent authority and submitted to the Legislative Yuan for approval and recording.
The plants aforementioned for propagation purposes shall not be sold or relocated unless the inspection passes and a certificate is issued.
Article 10
The central competent authority shall have the powers to designate an area of infestation and restrict or prohibit the relocation of plants, plant products, and soils, as well as the package, container and cultivation media thereof beyond such area unless the prior approval of the central competent authority has been obtained.
Regulations for granting the abovementioned approval shall be promulgated by the central competent authority and submitted to the Legislative Yuan for approval and recording.
Article 11
When it is deemed necessary, the central competent authority may take the following emergency control measures:
I.Restrict or prohibit the cultivation of related susceptible plants; if necessary, order the owner thereof to remove or destroy those already cultivated within a prescribed time limit;
II.Order the owner to remove or destroy plants or plant products suspected of having been infected or infested with specific plant diseases and pests within a prescribed time limit;
III.Order the owner to kill the relevant pests and prohibit the culture thereof;
IV.Designate the region to conduct joint control measures; or
V.Establish quarantine inspection stations at the essential transportation passages on the islands of Kinmen, Matsu and Penghu for conducting inspections, and if they are not inspected or are inspected but found to not comply with relevant regulations, restrict the plants or plant products from moving off the islands or dispose of them in a way deemed necessary.
The inspection procedures, ways of disposal, fee schedules, places for conducting inspection and any other relevant regulations in relation to subparagraph 5 of the preceding paragraph shall be promulgated by the central competent authority.
Article 12
With respect to the relevant susceptible plants, or plants or plant products suspected of having contracted specific plant disease(s) or pest(s), which are ordered to be removed or destroyed within a prescribed time limit pursuant to subparagraph 1 or 2 of the first paragraph of Article 11, the municipal or county (city) competent authority shall set up an evaluation committee to evaluate the prices of those plants or plant products and pay their owner or management personnel full compensation as evaluated unless the owner or administrator is guilty of violating this Act, in which case no compensation shall be paid.
Members of the above evaluation committee shall be promulgated by the municipal or county (city) competent authority.
Article 13
The compensation provided in the preceding article shall be borne and paid by the municipal or county (city) competent authority. The central competent authority may provide the subsidy to the payment in accordance with the regulations promulgated by the central competent authority.