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Chapter Law Content

Chapter III. PLANT QUARANTINE
Article 13-1
The central competent authority may designate plants, plant products, and any other articles which are likely to spread the pest, 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 kind of articles likely to have the risk for spreading pests but are not listed as regulated articles aforementioned.
Article 14
The central competent authority may publicly notify the quarantine requirements and take quarantine measures for the importation of regulated articles based on the pest status and the damage risk:
I.Prohibition;
II.Quarantine requirements; and
III.Post-entry quarantine.
The contents of quarantine requirements mentioned in preceding 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, legal persons or organizations registered under relevant laws may import and share regulated articles prohibited under subparagraph 1 of the first paragraph for purposes of experiment, 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, safeguard isolation control measures, treatment method, and produce and retain usage record, report or monograph as well as the regulations of other relevant matters shall be promulgated 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, importer or 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, importer or agent for supplementary data from the plant quarantine authority of the export country or send personnel to the export country for verification and confirmation. The cost for verification shall be borne by the export country or importers according to the relevant laws and regulations. The application process, the required documents and data, and the methods and procedures of implementation for risk assessment shall be promulgated by the central competent authority.
The application process and procedure of post-entry quarantine, the requirement for the establishment of quarantine field sites, and other relevant regulations in relation to subparagraph 3 of the first paragraph shall be promulgated by the central competent authority.
Article 15
For the following articles, their importation is prohibited:
I.Pests;
II.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, and microbial agents that are imported in compliance with the regulations of the Agro-pesticides Management Act are not restricted as such;
III.Soil;
IV.Plants, plant products or other articles with soil; and
V.Packages or containers used by or harboring the articles mentioned in the previous four subparagraphs.
Governmental agencies (institutions), public enterprises, schools, legal 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:
I.For purposes of experiments, research, education or exhibition;
II.Legal deposit of articles that are mentioned in subparagraph 1 and 2 of the preceding paragraph;
III.Articles mentioned in subparagraph 1 and 2 of the preceding paragraph used for producing pest risk free products;
IV.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; and
V.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 experiment, research, education, legal deposit or exhibition, sharing is feasible with the approval of the central competent authority.
The application process, declaration, safeguard isolation 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 the second paragraph and sharing mentioned in the preceding paragraph, shall be promulgated by the central competent authority.
Article 16
While the importer or its agent imports the regulated articles, they shall provide phytosanitary certificates issued by the plant quarantine authority of the exporting country; exemptions are publicly notified by the plant quarantine authority.
If the importers fail to submit phytosanitary certificates or the phytosanitary certificates pursuant to the preceding paragraph submitted contain information inconsistent with the pertinent quarantine requirements, the plant quarantine authority shall take the following measures and the cost shall be borne by the importers.
I.Submission of properly corrected phytosanitary certificates within a specified time limit;
II.Quarantine treatment;
III.Reshipment;
IV.Destruction.
The phytosanitary certificate referred in the first paragraph, issued by the plant quarantine authority of the exporting country, may be issued electronically with agreement by 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 first paragraph of Article 14, shall be approved by the plant quarantine authority before importation; if not, the plant quarantine authority shall conduct necessary treatments.
Article 17
The importer or its 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 completion of quarantine inspections.
Passengers or personnel of the vehicle, vessel, or aircraft carrying the regulated articles shall apply for plant quarantine upon arrival at the port of entry.
The regulated articles shall not be sent by mail; otherwise, the articles will be reshipment or destroyed. However, if any of the following situations occurs, such restrictions do not apply:
I.The regulated articles that are declared by the plant quarantine authority in accordance with the provisions in the first paragraph of Article 16 for exemption of the phytosanitary certificate.
II.Recipients of the regulated articles applied to the plant quarantine authority for approval of entry in advance.
The regulated articles that are imported by mail in accordance with the provisions of the preceding paragraph shall be packaged with a legible label indicating the content. Also, 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 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 promulgated by the central competent authority.
Article 18
Upon completion of quarantine pursuant to the preceding articles, the plant quarantine authority shall issue a certificate of non-compliance for those that are not compliant and shall forbid its import; the importer or its agent who complies 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 or agent to disinfect, destroy or reship such regulated articles together with the packages and containers thereof within a 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.
The pest species mentioned in the preceding paragraph are limited to those declared by the central competent authority in accordance with the first paragraph 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 contracting or possibly spreading pests may be subject to appropriate quarantine or other safety measures by the plant quarantine authority.
Article 19-2
The residues of plants or plant products carried by vehicles, vessels or aircrafts originated from foreign countries shall be prohibited from unloading.
Article 20
If an importing country requests a quarantine certificate for plants or plant products to be exported, the exporter 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 said quarantine inspection 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 promulgated 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, mail delivery, and plant or plant products carried by passengers shall be promulgated by the central quarantine authority.