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PLANT PESTS AND DISEASES ACT: INDEX TO SUBSIDIARY LEGISLATION

Plant Pests and Diseases (Kromnek) Regulations

Plant Pests and Diseases (Tobacco) Regulations

Plant Pests and Diseases (Coffee) Regulations

Plant Pests and Diseases (Pest Control) Regulations

Plant Pests and Diseases (Cotton) Regulations

Plant Pests and Diseases (Importation) Regulations

Plant Pests and Diseases (Nursery) Regulations

Plant Pests and Diseases (Potato and Tobacco Growing) Regulations

Plant Pests and Diseases (Larger Grain Borer Infested Areas) (Declaration) Order

Plant Pests and Diseases (Control of Larger Grain Borer, LGB) Regulations

Plant Pests and Diseases (Pests and Alternate Hosts) Order

Plant Pests and Diseases (Fumigation) Regulations

Plant Pests and Diseases (Phytosanitary Certification) Regulations

Plant Pests and Diseases (Plant Quarantine and Phytosanitary Service Fees) Regulations

PLANT PESTS AND DISEASES (KROMNEK) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Registration of premises

    3.    Register of sales

    4.    Destruction of infested plants

        SCHEDULE

GN 327 of 1958,

GN 90 of 1964,

SI 151 of 1996.

[Regulations by the Minister]

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Kromnek) Regulations.

2.    Registration of premises

    (1) Every person who grows or cultivates dahlia tubers for sale and every person who sells dahlia tubers shall make application to the Permanent Secretary, Ministry of Agriculture (Dahlia Registration), Mount Makulu Research Station, Phytosanitary Service, Private Bag 7, Chilanga, for the registration of his premises.

[Reg 2(1) am by reg 2 of SI 151 of 1996.]

    (2) A person referred to in sub-regulation (1) shall, before the 1st January in each subsequent year, make a further application to the Permanent Secretary for the registration of his premises.

    (3) On receipt of an application for registration in terms of sub-regulation (1) or (2), the Permanent Secretary shall register the premises in a register to be kept for the purpose.

[Am by GN 90 of 1964.]

3.    Register of sales

    (1) Every person who has registered his premises in terms of regulation 2 shall keep a register, in the form prescribed in the Schedule, of all sales of dahlia tubers made by him.

    (2) Such register shall be kept on the registered premises and shall be available for inspection by any inspector.

4.    Destruction of infested plants

    (1) An inspector may—

    (a)    destroy or order by notice in writing the destruction of any plant infested or appearing to be infested with Kromnek (Tomato virus, Smith); or

[Reg 4(1)(a) am by reg 3 of SI 151 of 1996.]

    (b)    by notice in writing order the destruction of any plants for the purpose of preventing or controlling attacks by, or the spread of, kromnek.

    (2) Any plant destroyed in terms of sub-regulation (1) shall be destroyed by—

    (a)    burning;

    (b)    boiling; or

    (c)    a method approved by an inspector.

SCHEDULE

[Regulation 3]

FORM OR REGISTER OF SALES

Date

Name and address of grower

Name and address of buyer

Premises on which to be grown

Quantity

Varieties

PLANT PESTS AND DISEASES (TOBACCO) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Tobacco lands to be cleared annually

    4.    Manner of clearance

    5.    Storage of cured tobacco

    6.    Clearance of tobacco premises

    7.    Destruction of infested tobacco

    8.    Application for tobacco premises licence

    9.    Issue of tobacco premises licence

        FIRST SCHEDULE

        SECOND SCHEDULE

GN 328 of 1958,

GN 354 of 1960,

GN 114 of 1962,

GN 90 of 1964,

GN 497 of 1964,

SI 91 of 1979.

[Regulations by the Minister]

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Tobacco) Regulations.

2.    Interpretation

In these Regulations—

"tobacco premises licence" means a licence issued in terms of sub-section (1) of section 13 of the Act authorising the handling or storing in and the removal to or from premises of cured tobacco.

3.    Tobacco lands to be cleared annually

    (1) Subject to the provisions of sub-regulation (2), an owner of land shall—

    (a)    on or before the 31st May in each year destroy, in accordance with the provisions of regulation 4, all tobacco plants of a type other than Turkish, including stalks and roots thereof, which are growing on any of his land cultivated for the production of tobacco;

    (b)    on or before the 15th August in each year destroy, in accordance with the provisions of regulation 4, all tobacco plants of the Turkish type, including stalks and roots thereof, which are growing on any of his land cultivated for the production of tobacco;

    (c)    at all times keep his land, other than that cultivated for the production of tobacco for the current season’s crop, free from living tobacco plants; and

    (d)    destroy all living tobacco plants in his seed-beds as soon as such plants are no longer required for transplanting into lands for the production of tobacco for the current season’s crop.

    (2) The Minister may, upon receipt of a written application, exempt, subject to such conditions as he may specify, any person or class of persons from complying with the provisions of sub-regulation (1).

[Am by GN 354 of 1960; GN 90 of 1964 and SI 91 of 1979]

4.    Manner of clearance

Tobacco plants, including stalks and roots thereof, shall be destroyed by—

    (a)    burning;

    (b)    conversion into manure by a process approved by an inspector;

    (c)    ploughing or discing; or

    (d)    any other method of destruction approved in writing by an inspector.

[Am by GN 114 of 1962.]

5.    Storage of cured tobacco

    (1) Cured tobacco from the current season’s crop, which has not been sold across the tobacco auction floors, shall not be stored in the same room as cured tobacco from a previous season’s crop.

    (2) Subject to the provisions of sub-regulation (4), an owner of premises where cured tobacco is handled or stored shall remove all waste tobacco scrap and refuse from any warehouse, building or structure in which cured tobacco is handled and stored and shall treat with limewash or a material approved by an inspector the interior surfaces of the walls of such warehouse, building or structure—

    (a)    in the case of premises licensed in terms of section 13 of the Act, on or before the 31st December each year;

    (b)    in the case of any other premises, on or before the 31st October each year.

    (3) If it appears to an inspector that any treatment in terms of sub-regulation (2) has not been carried out satisfactorily, he may order it to be repeated.

    (4) The Minister may, upon receipt of a written application, exempt, subject to such conditions as he may specify, any person or class of persons from complying with the provisions of sub-regulation (2).

[Am by GN 114 of 1962.]

6.    Clearance of tobacco premises

An inspector may order the removal from any warehouse, building or structure in which cured tobacco is handled or stored of—

    (a)    products other than cured tobacco which are liable to be infested with a pest; or

    (b)    anything, including products referred to in paragraph (a), which renders the proper inspection of the warehouse, building or structure impracticable.

7.    Destruction of infested tobacco

The Minister may order the destruction of any cured tobacco which is infested with a pest of cured tobacco if, within 14 days of the discovery of such infestation by an inspector—

    (a)    the owner of the tobacco has not been traced; or

    (b)    the tobacco has not been claimed.

8.    Application for tobacco premises licence

Application for a tobacco premises licence shall be made to the Permanent Secretary in the form prescribed in the First Schedule.

[Am by GN 90 of 1964.]

9.    Issue of tobacco premises licence

A tobacco premises licence shall be issued in the form prescribed in the Second Schedule and shall remain in force until the 31st December of the year for which it was issued.

FIRST SCHEDULE

[Regulation 8]

REPUBLIC OF ZAMBIA

THE PLANT PEST AND DISEASES ACT APPLICATION FOR TOBACCO PREMISES LICENCE

The Permanent Secretary,

Ministry of Agriculture,

P.O. Box RW, Lusaka.

Applicant’s name in full.........................................................................

Applicant’s postal address...................................................................

Name of premises................................................................................

Address of premises.............................................................................

Railway station or halt used.................................................................

Type of tobacco to be handled or stored on the premises (Turkish, Virginia, etc.)..........................

Calendar year for which licence is required......................................................................................

(Signature of applicant)

Date .............................

[Am by GN 90 of 1964.]

SECOND SCHEDULE

[Regulation 9]

REPUBLIC OF ZAMBIA

THE PLANT PESTS AND DISEASES ACT

TOBACCO PREMISES LICENCE

This licence is issued in terms of sub-section (1) of section 13 of the Plant Pests and Diseases Act, to authorising him/them to handle or store cured tobacco in, and to remove cured tobacco to or from, his/their premises known as ..............................................................................................................................at...............................................................

This licence is issued for the year..................................... and shall remain in force until the 31st

December of that year.

...............................................................................................

for Minister of Agriculture

Date Stamp.

[Am by GN 90 of 1964.]

PLANT PESTS AND DISEASES (COFFEE) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Sale or removal of infested plants

    4.    Reporting of infestation

    5.    Orders to eradicate pests from plantations

    6.    Destruction of infested plants

    7.    Supervision of plantations

    8.    Duty to furnish information

GN 330 of 1958,

GN 90 of 1964,

SI 150 of 1996.

[Regulations of the Minister]

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Coffee) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"borer" means the coffee berry borer (Hypothenemus hampei);

[Subs by reg 2 of SI 150 of 1996.]

"coffee" means any species of the genus Coffea;

"plantation" includes any land on which a coffee plant is growing, whether the land is used solely as a coffee plantation or not;

"sell" includes to offer or expose for sale.

3.    Sale or removal of infested plants

No person shall—

    (a)    sell or cause or permit to be sold;

    (b)    remove or cause or permit the removal of from his premises; or

    (c)    transport or cause or permit the transportation of;

any coffee plant infested or appearing to be infested with borer, unless he has written permission from an inspector to do so.

4.    Reporting of infestation

The owner of a plantation who knows or has reason to believe that any coffee plant on his land is infested with a pest of coffee shall immediately report the infestation in writing to an inspector.

5.    Orders to eradicate pests from plantations

An inspector may by notice in writing order the owner of a plantation which is infested with a pest of coffee, to—

    (a)    destroy, by burning or by any other method specified by the inspector, all or any coffee plants on the plantation;

    (b)    spray, fumigate or otherwise treat all or any coffee plants on the plantation;

    (c)    take such other steps as the inspector may consider necessary for the purpose of controlling attacks by or the spread of the pest.

6.    Destruction of infested plants

An inspector may destroy or order in writing the destruction of any plant infested or appearing to be infested with a pest of coffee.

7.    Supervision of plantations

    (1) The owner of a plantation shall not leave his plantation without that supervision necessary for—

    (a)    the detection of any infestation by a pest of coffee; and

    (b)    the carrying out of any measures required by or in terms of these Regulations.

    (2) If, in the opinion of an inspector, a plantation is habitually left without that supervision required by sub-regulation (1) he may, subject to the provisions of sub-regulation (3), by notice in writing order the owner of the plantation to destroy all coffee plants on that plantation.

    (3) An inspector shall not order the destruction of a coffee plant in terms of sub-regulation (2) unless authorised to do so by the Permanent Secretary.

[Am by GN 90 of 1964.]

8.    Duty to furnish information

Every person who has had in possession or under his charge any coffee infested with borer shall, if so required in writing by an inspector, give the inspector all such information as he possesses as to the person in whose possession or under whose charge such coffee is or has been.

PLANT PESTS AND DISEASES (PEST CONTROL) REGULATIONS

[Section 4]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Destruction of infested plants

    4.    Declaration by Minister of infested or quarantine areas

    5.    Declaration by inspector of infested areas

    6.    Destruction of plants in infested or quarantine areas

    7.    Duty to furnish information

        SCHEDULE

GN 331 of 1958,

GN 90 of 1964,

SI 165 of 1996.

[Regulations by the Minister]

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Pest Control) Regulations.

2.    Interpretation

In these Regulations—

"scheduled pest" means a pest listed in the Schedule.

3.    Destruction of infested plants

    (1) An inspector may destroy or order by notice in writing the destruction of any plant, or such portion thereof as he considers necessary, which is infested or appears to be infested with a scheduled pest.

    (2) In ordering the destruction of a plant or any portion thereof in terms of sub-regulation (1), the inspector may specify the manner in which the plant or portion thereof is to be destroyed.

4.    Declaration by Minister of infested or quarantine areas

    (1) The Minister may, by order—

    (a)    declare an area infested with a scheduled pest as an infested area and any area around such infested area as a quarantine area;

    (b)    prohibit, restrict or regulate the removal of any compost, growing media, manure, plants and other things whatsoever to or from an infested or quarantine area.

    (2) The Minister may exempt, subject to such conditions as he may specify, any person from complying with any order made in terms of paragraph (b) of sub-regulation (1).

5.    Declaration by inspector of infested areas

An inspector may, if he reasonably suspects the presence of a scheduled pest on land or in premises—

    (a)    declare the area in which the land or premises is situate an infested area;

    (b)    by order, prohibit for a period not exceeding 14 days, the removal from the land or premises of compost, growing media, manure, plants and other things whatsoever capable of spreading the pest.

6.    Destruction of plants in infested or quarantine areas

An inspector may by notice in writing order the owner of any land within an infested or quarantine area to destroy any plant on such land for the purpose of controlling attacks by or the spread of a scheduled pest.

7.    Duty to furnish information

An owner of land who knows or has reason to believe that a scheduled pest is present on his land shall immediately report the occurrence in writing to an inspector.

SCHEDULE

[Sch subs by reg 2 of SI 165 of 1996.]

[Regulation 2]

SCHEDULED PESTS

A1.    Bacterial blight of grapes

Erwinia vitivora (Baccarini)

A2.    Bacterial canker of tomato

Clavibacter michiganensis subsp.

A1.    Bacterial ring-rot potato

michiganensis (E.F.S.)

A1.    Bacterial streak of sugar cane

Jensen

A1.    Blister blight of tea

Corynebacterium

A1.    Blue mould of tobacco

Michiganensis subsp.

A1.    Chestnut canker

Sepedonicum (Spleck and Kotth.) Skaptason and Burkholder

A1.    Sugar cane chlorotic streak Virus

Xanthomonas campestris

A2.    Citrus black spot

pv veculorum

A1.    Citrus canker

(Ashby) Dowson

A1.    Crown wart of Lucerne

Exobasidium vexans

A1.    Dutch elm disease

Massee

A1.    Fiji virus of sugar cane

Peronospora tabacina

A1.    Fireblight

Adam

A1.    Sweet potato internal cork virus disease

Endothia parasitica (Murr.)

A1.    Lucerne wilt

Anderson and Anderson

A1.    Onion smut

Sugar cane virus

A1.    Lucerne dwarf virus

Guignardia citricarpa Klely

A1.    Stewart’s disease of maize

Xanthomonas campestris

A1.    Strawberry red core

pv citri (Hasse) Down

A1.    Tomato spotted wilt virus

Urophlyctis alfalfae

A1.    Wart disease of potato

(Lagerh.) Magnus

A1.    Golden cyst nematode

Opiostoma ulmi (Buism.)

A1.    Stem and bulb nematode

Moreau

A2.    Cereal midges

Sugar cane virus 2. Smith

A1.    Cherry fruit fly

Erwinia amylovora

A1.    Chrysanthemum mide

(Burrill) Winslow et. al.

A1.    Coffee berry borer

Sweet potato virus

A1.    Colorodo beetle

Clavibacter michiganensis subsp. insidiosum

A1.    Japanese beetle

(McCulloch) Jensen

A2.    Oriental fruit-moth

Urocystis cepulae Frost

A1.    Oriental fruit-moth

Lucerne virus 3. Smith

A2.    Pink bollworm

Erwinia stewartii (E.F.S) Down

A1.    San Jose scale

Phytophthora fragariae var. frageriae

A3.    Diamond-back moth

Hickman

A2.    Larger grain borer

Tomato virus 3. Smith

A2.    Eucalyptus borer

Snchytrium endobioticum

A2.    Luecaena psyllid

(Schilb) Percival

Globodera rostochiensis

Wollenw

Ditlenchus dipsaci

Contarinia spp. And

Sitodiplosis spp.

Rhagoletis cerasi (L.)

Diarthronomyia

Chrysanthemi Ahlb.

Hypothenemus hampei

(Ferr.)

Leptinotarsa decemlineata

(Say)

Popillia japonica Newm.

Docus dorsalis Hend.

Cydia molesta Busck.

Pectinophora gossypiella

(Saund.)

Quadraspidiotus

Perniciosus (Comst.)

Plutella xylostella (L.)

Prostephanus truncates

Horn

Phoracantha semipunctata

Heteropsylla cubana

NOTE:

A1. = Dangerous pests which have not been introduced into the country, and have a

high epidemic potential.

A2. = Dangerous pests which have been introduced in the country but in restricted

Areas and have a moderate epidemic potential.

A3. = Pests which are common or wide spread in the country and need to be

controlled by in-country quarantine.

PLANT PESTS AND DISEASES (COTTON) REGULATIONS

[Section 31]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Cotton lands to be cleared annually

    4.    Exemptions

GN 84 of 1960,

GN 90 of 1964.

[Regulations by the Minister]

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Cotton) Regulations.

2.    Interpretation

In these Regulations—

"cotton" means the linted species of the genus Gossypium.

3.    Cotton lands to be cleared annually

    (1) Subject to the provisions of regulation 4, an owner of land cultivated for the production of cotton shall destroy all cotton plants on his land—

    (a)    on or before the 1st August in each year if that land is situated in an infested area or in a quarantine area;

    (b)    on or before the 1st October in each year if that land is situated outside an infested area or a quarantine area.

    (2) Subject to the provisions of regulation 4, an owner of land in an infested area or in a quarantine area shall not plant cotton on such land before the 1st October in any year.

[Am by GN 90 of 1964.]

4.    Exemptions

The Minister may, upon receipt of a written application, exempt, subject to such conditions as he may specify, any person or class of persons from complying with the provisions of sub-regulation (1) or (2) or both sub-regulations of regulation 3.

PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS

[Section 31]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Application of Regulations

    4.    Import of growing medium or plant under permit

    5.    Import of invertebrate or injurious organism under permit

    6.    Applications for permits

    7.    Issue, refusal, etc., of permits

    8.    Imports without permit

    9.    General powers of inspectors

    10.    Imported fruit found to be infested

    11.    Imported potatoes found to be infected or infested

    12.    Protective treatment

    13.    Fee for protective treatment

    14.    Import of certain plants and fruits

    15.    Conditions for import of plants listed in Seventh Schedule

    16.    Conditions for import of plants listed in Seventh Schedule

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

        FIFTH SCHEDULE

        SIXTH SCHEDULE

        SEVENTH SCHEDULE

        EIGHTH SCHEDULE

GN 144 of 1960,

GN 217 of 1963,

GN 90 of 1964,

GN 497 of 1964,

SI 167 of 1996,

SI 80 of 2001.

[Regulations by the Minister]

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Importation) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"additional declaration", in relation to a phytosanitary certificate, means an endorsement by a plant protection officer on that certificate;

"approved" means approved by the Permanent Secretary;

"coniferous timber" means timber derived from trees of the order Coniferales and includes all softwood timbers, whether sawn or unsawn, planed or otherwise fashioned or processed, but excludes any timber which has been treated with a preservative in an approved manner;

"Convention" means the International Plant Protection Convention (IPPC) which was first approved at the Sixth Food and Agriculture Organisation (FAO) Conference in 1951 and came into force in 1952, or any officially recognised amendment thereof;

[Ins by reg 2(a) of SI 167 of 1996.]

"Convention country" means—

    (a)    the metropolitan territory situated in Africa to the south of the Sahara of a government which is a party or has acceded to the Convention; or

    (b)    a territory situated in Africa to the south of the Sahara for whose international relations a government which is a party or has acceded to the Convention is responsible;

"cotton" means the linted species of the genus Gossypium;

"does not occur", in relation to the incidence of an injurious organism in a country outside Zambia or in any area or district of that country, means does not occur, to the knowledge of the plant protection authority of that country, in that country, area or district, as the case may be, and "do not occur" shall be construed accordingly;

"during active growth", in relation to an inspection for the purposes of an additional declaration, means during the last period of active growth of the plants prior to their exportation;

"fee" means the appropriate fee prescribed in the First Schedule;

"forest tree" means any tree which is commonly grown for the production of timber and not solely for ornamental purposes;

"form" means the appropriate form prescribed in the Second Schedule;

"import" means to bring or cause to be brought into Zambia, and cognate expressions shall be construed accordingly;

"non-Convention countries" means territories other than Convention countries;

"pests and diseases", in relation to a phytosanitary certificate of an additional declaration, means injurious organisms;

"phytosanitary certificate" means a statement issued by a plant protection officer certifying that he has before despatch thoroughly examined the plants, parts of plants or plant products, to which the statement relates, or representative samples of them, and found them substantially free from pests and diseases;

"plant", in relation to an inspection for the purposes of an additional declaration, means—

    (a)    if the declaration relates to a growing plant, the growing plant;

    (b)    if the declaration relates to a part of a plant such as budwood, bulbs, corns, cuttings, fruit, grafts, rhizomes, rooted material, seeds, suckers or tubers, the growing parent plant from which such part was directly derived or which produced such part;

"plant protection authority" means the department of the government of a country which is responsible for the administration of the plant protection law in force in that country;

"plant protection law" means a law providing for the protection of plants against injurious organisms;

"plant protection officer" means an officer of a plant protection authority who is authorised by that authority to issue phytosanitary certificates;

"protective treatment" means the sorting, disinfecting, fumigation, treatment or quarantine of growing media, plants or containers in terms of these Regulations, and cognate expressions shall be construed accordingly;

"quarantine" means the detention and culture of plants in isolation under the supervision of the Department of Agriculture under such conditions, at such place and for such period as the Permanent Secretary may determine;

"soil" means a growing medium which is neither sterilised nor inert;

["South Africa" rep by reg 2(b) of SI 167 of 1996.]

["South African nursery" rep by reg 2(b) of SI 167 of 1996.]

"submit", in relation to a permit or phytosanitary or other certificate relating to a consignment of growing media, injurious organisms, invertebrates or plants, means the submission of the permit or certificate at the place of inspection or port of entry of the consignment, and cognate expressions shall be construed accordingly;

"supervised importation only", in relation to a plant listed in the first column of the Sixth or Seventh Schedule, means importation of the plant by or under the direct supervision of the Department of Agriculture with subsequent quarantine of the plant;

"vegetative material" means—

    (a)    any growing plant; or

    (b)    any part of a plant, other than the seed or fruit, which can be used to propagate the plant and includes budwood, cuttings, grafts, rooted material, suckers and dormant parts such as bulbs, bulbils, corns, rhizomes and tubers.

[Am by GN 90 of 1964.]

3.    Application of Regulations

The provisions of these Regulations shall not apply to any growing medium, invertebrate or plant in transit through Zambia which is consigned by rail or by an approved airline.

[Am by GN 90 of 1964.]

4.    Import of growing medium or plant under permit

    (1) Save as is provided in regulation 8, no person shall import any growing medium or plant, including any unmanufactured plant product specified in the Fourth Schedule or seed specified in the Fifth Schedule, unless a permit authorising the importation of that growing medium or plant is submitted.

    (2) No person shall import any growing medium or plant otherwise than through a port of entry specified in the Third Schedule or an approved place, or, if quarantine is one of the conditions governing the importation of the growing medium or plant, otherwise than through Lusaka.

[Am by GN 90 of 1964.]

5.    Import of invertebrate or injurious organism under permit

    (1) Subject to the provisions of sub-regulation (2), no person shall import an invertebrate, the importation of which is not governed by the provisions of another law, unless a permit authorising the importation of that invertebrate is submitted.

    (2) No person shall import an injurious organism unless—

    (a)    the importation is made—

        (i)    for scientific purposes; and

        (ii)    under the direct supervision of the Department of Agriculture; and

    (b)    a permit authorising the importation of that injurious organism is submitted.

6.    Applications for permits

Application for a permit to import a growing medium, injurious organism, invertebrate or plant shall be made to the Permanent Secretary and, if the Permanent Secretary so requires, shall be made in Form No. 1.

[Am by GN 90 of 1964.]

7.    Issue, refusal, etc., of permits

    (1) A permit authorising the importation of a growing medium, injurious organism, invertebrate or plant shall be issued by the Permanent Secretary in Form No. 2.

    (2) The Permanent Secretary may—

    (a)    refuse to issue a permit; or

    (b)    cancel, suspend or amend any permit which has been issued.

[Am by GN 90 of 1964.]

8.    Imports without permit

Subject to the provisions of these Regulations, a permit shall not be required for the importation of—

    (a)    cut flowers, other than heather holly, mistletoe or shamrock, not intended for propagation;

    (b)    fruit from consumption;

    (c)    herbaceous ornamental plants not intended for consumption;

    (d)    unmanufactured plant products which are not listed in the Fourth Schedule;

    (e)    seeds which are not listed in the Fifth Schedule;

    (f)    vegetables, other than potatoes, from Convention countries which are intended for consumption; or

    (g)    any plant other than a plant specified in the Sixth and Seventh Schedules.

[Reg 8 subs by reg 3 of SI 167 of 1996.]

9.    General powers of inspectors

Subject to the provisions of these Regulations, an inspector may—

    (a)    cause any vehicle in Zambia suspected or known to have brought into Zambia—

        (i)    an injurious organism; or

        (ii)    a plant or container suspected or known to be diseased or infested with an injurious organism;

to be disinfected or fumigated;

    (b)    detain and inspect any growing medium, plant or container on importation;

    (c)    cause any growing medium, plant or container detained and inspected in terms of paragraph (b) to be disinfected, fumigated or treated whether or not the growing medium, plant or container is diseased or infested with an injurious organism;

    (d)    cause any imported growing medium or plant which on inspection appears to be infested with an injurious organism and any plant in the same container to be destroyed immediately without compensation if the injurious organism is of a specially dangerous character or, in the opinion of the inspector—

        (i)    disinfection is impracticable or will not be a complete safeguard; or

        (ii)    the delay caused by disinfection would give rise to the risk of the introduction or spread of the injurious organism.

[Am by GN 90 of 1964.]

10.    Imported fruit found to be infested

A consignment of fruit found by an inspector on importation to be infested with living caterpillars of the apple codling moth (Cydia pomonella (L.)) shall be destroyed without compensation:

Provided that the inspector may—

    (a)    if less than five per centum of the fruit is infested, cause the infested fruit in such consignment to be separated from the uninfested fruit and permit the release to the importer of the uninfested fruit;

    (b)    if five per centum or more of the fruit is infested—

        (i)    in consignments of not more than two containers of not more than one bushel each, believed by the inspector not to be for re-sale, cause the infested fruit to be separated from the uninfested fruit and release the uninfested fruit to the importer; or

        (ii)    in other consignments in which, owing to the immature development of the caterpillars there is in the opinion of the inspector no immediate risk of the introduction or spread of that moth within Zambia, permit the importer or consignor, within such period as the inspector may fix, to cause such consignment to be returned to the country of last export.

[Am by GN 90 of 1964.]

11.    Imported potatoes found to be infected or infested

A consignment of potatoes found by an inspector on importation to be infected with wart disease (Synchytrium endobioticum (Schilb.) Percival) and a consignment of seed potatoes found by an inspector on importation to be infested with the root knot eelworm (Meloidogyne javanica (Treub)) or with any other species of eelworm injurious to plants shall be—

    (a)    destroyed without compensation; or

    (b)    if the inspector so permits, returned to the country of last export.

12.    Protective treatment

Unless the Permanent Secretary otherwise directs, the protective treatment of any imported growing medium, plant or container shall be carried out on Government premises.

[Am by GN 90 of 1964.]

13.    Fee for protective treatment

    (1) No imported growing medium or plant which has been protectively treated shall be released to the importer unless he pays the fee for such treatment.

    (2) If an importer fails to pay the fee in respect of a growing medium or plant referred to in sub-regulation (1) within seven days of the date of a noticed demanding the payment of the fee, an inspector shall, subject to the provisions of sub-regulation (3), cause that growing medium or plant to be sold by auction at such time and place as he may fix.

    (3) The sale of a growing medium or plant in terms of sub-regulation (2) shall be subject to a reserve sufficient to cover the estimated costs of such sale.

    (4) A growing medium or plant not purchased at a sale in terms of sub-regulation (2) shall be—

    (a)    sold immediately out of hand; or

    (b)    destroyed without payment of compensation if the Minister so directs; or

    (c)    disposed of in such manner as the Minister may direct.

    (5) If a plant referred to in sub-regulation (1) is, in the opinion of the inspector, of such nature that only the immediate sale of the plant would realise an amount sufficient to cover—

    (a)    the cost of the sale; and

    (b)    the fee; and

    (c)    any charges payable to the Controller of Customs and Excise;

the plant shall be disposed of in the manner described in paragraph (a), (b) or (c) of sub-regulation (4).

    (6) The inspector shall pay to the importer the amount realised by the sale of a growing medium or plant in terms of this regulation less the charges referred to in paragraphs (a), (b) and (c) of sub-regulation (5).

14.    Import of certain plants and fruits

    (1) No person shall import—

    (a)    any plant which is packed in soil; or

[Reg 14(1)(a) am by reg 4 of SI 167 of 1996.]

    (b)    fresh fruits from Asia or the Pacific Islands; or

    (c)    any plant specified in the Sixth Schedule;

without the consent in writing of the Minister.

    (2) The Minister shall not give his consent to the importation of a plant mentioned in paragraph (a), (b) or (c) of sub-regulation (1) unless he is satisfied that the importation is made—

    (a)    for scientific purposes; and

    (b)    under the direct supervision of the Department of Agriculture.

15.    Conditions for import of plants listed in Seventh Schedule

    (1) Subject to the imposition of conditions in terms of section 30 of the Act, the conditions governing the importation from any country of a plant listed in the first column of the Seventh Schedule shall be the conditions specified opposite thereto in the second column of the Schedule.

[Reg 15(1) am by reg 5 of SI 167 of 1996.]

    (2) Any reference in the second column of the Seventh Schedule to a phytosanitary certificate shall be construed as a reference to a phytosanitary certificate in Form No. 3.

16.    Conditions for import of plants listed in Seventh Schedule

[Am by reg 6 of SI 167 of 1996.]

Subject to the imposition of conditions in terms of section 30 of the Act, the conditions governing the importation from any country of a plant listed in the first column of the Seventh Schedule shall be the conditions specified opposite thereto in the second column of the Schedule.

[Reg 16 am by reg 6 of SI 167 of 1996.]

FIRST SCHEDULE

[Regulation 2]

[First Sch subs by reg 2 of SI 80 of 2001.]

PRESCRIBED FEE UNITS

Nature of Protective Service

Fee Units

1

Fumigation of living plants, fruits, flowers and vegetable in a fumigation chamber with an approved fumigant

Two fee units for each box or tray, with a minimum of 100 fee units.

2

Fumigation of commodities, other than those specified in item 1

20 fee units per tonne.

3

Treatment of tobacco seed and other against diseases and pests.

1 Fee units for each 30 grams of seed.

4

Any protective treatment not specified in items 1 to 3

56 Fee units per tray

5

Phytosanitary Certificates

85

6

Inspection of fresh commodities (flowers, fruits, vegetables) for import, export or otherwise

1 Fee unit for each box or tray with a minimum of 56 fee units for each inspection.

7

Inspection of commodities other than fresh commodities for import, export or otherwise

1 Fee unit per tonne with a minimum of 111 fee units for each inspection.

8

Inspection of stored cured tobacco and premises

300 fee units per inspection.

9

Tobacco premises licence

600

10

Nursery Inspection

300

11

Nursery Registration

300

12

Farm inspection

166 per hectare

13

Inspection of fumigations

300

14

Vessel and truck residue treatment and other against diseases and pests.

140

SECOND SCHEDULE

[Regulation 2]

[Second Sch subs by reg 7 of SI 167 of 1996.]

FORM 1

REPUBLIC OF ZAMBIA

THE PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS

APPLICATION FOR A PERMIT FOR THE IMPORTATION OF PLANTS

The Permanent Secretary, Ministry of Agriculture, Food and Fisheries, Mt. Makulu Research Station, Phytosanitary Service, (Plant Importation Permit), Private Bag 7, Chilanga.

I, ………………………………………………………………………………………...
(state full names)
………………………………………………………………………………………….of ………………………………………………………………………………………......
(state postal and residential address)

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