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L.D. B.- 2/2009

PLANT PROTECTION ACT, NO. 35 OF 1999 REGULATIONS made by the Minister of Agriculture under section 12 and read with section 13 of the Plant Protection Act No. 35 of 1999.

Minister of Agriculture

Colombo, 2014.

REGULATIONS

1. These regulations may be cited as the Plant Protection Regulations 2014.

PART I GENERAL PROVISIONS

2. (1) No person shall import into any premises as defined in the Act, situated within

Sri Lanka, any regulated article to be used locally or for re-export or for any other purpose, otherwise than in accordance with the provisions of the Act and under the authority of the relevant permit issued respectively by the Director-General of the Department of Agriculture (hereinafter referred to as the “Director-General”) or any authorised officer nominated for that purpose as specified in section 3 of the Act.

(2) The importer shall obtain the relevant permit in advance of the date on which the regulated article is dispatched from the country of origin.

(3) The relevant import permit which an importer is required to obtain in respect of

identified categories of regulated articles are as set out in the Table to this regulation.

TABLE

COLUMN I Regulated articles

COLUMN II Import Permit

(a) Plants, plant products, and

growing media of plants

Plant Importation Permit

(b) Fruits Fruit Importation Permit

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(c) Soil, sand and other soil

constituents, compost, organic manure, and forest litter

Soil Importation Permit

(d) Vegetables Vegetable Importation Permit

(e) Other Organisms Organism Importation Permit

(4) (a) The Director-General or an authorised officer may be issue a Plant

Importation Permit or Fruit Importation Permit. (b) Only the Director-General shall issue Soil Importation Permit, Organism

Importation Permit and Vegetable Importation Permit. (5) The Director-General may, from time to time, declare plant products used for processing or consumption, which do not belong to categories of regulated articles specified in regulations 3 to 9 to be exempted articles for the purpose of obtaining a Plant Importation Permit under this regulation, if he is satisfied that the regulated articles to be so imported are not likely to introduce any quarantine pest or quarantine pests into Sri Lanka.

3. Import permits for the importation into Sri Lanka of the plants and plant products categorized as GROUP A PLANTS set out in Schedule I shall be issued by the Director-General or by an authorised officer only with the prior written approval of the Director-General, for the purpose of scientific research, to a Government Department, a Government Research Institute or a University engaged in scientific research on that particular plant, subjected to the procedure specified in regulations 32 to 43, and no person other than such relevant Institution shall import or bring into Sri Lanka the GROUP A PLANTS.

4.Import permits for the importation into Sri Lanka of materials categorized as GROUP B MATERIAL set out in Schedule II shall be issued by the Director-General or by an authorised officer only with the prior written approval of the Director-General, for purpose of scientific research, to a Government Department, a Government Research Institute or a University engaged in scientific research on that material, and no person other than such relevant Institution shall import or bring into Sri Lanka the GROUP B MATERIAL.

5. (1) No person shall import or bring into Sri Lanka the plants categorized as GROUP C1 PLANTS set out in Schedule III, which are either not reported to occur in Sri Lanka or with only a limited distribution in the country, either as plants or as plant products or as contaminants in any regulated article.

(2) No person shall import or bring into Sri Lanka the plants categorized as GROUP C2 PLANTS set out in Schedule III, which shall be considered as weeds in Sri Lanka, either as plants or as plant products or as contaminants in any consignment of plants to be used for planting.

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(3) Notwithstanding the provisions in paragraphs (1) and (2) above, the Director-General or an authorised officer with the prior written approval of the Director-General may issue a Plant Importation Permit for the importation of plants categorized as GROUP C1 and C2 PLANTS, under the provisions of regulation 55 hereto, only to the Head or the Chief Executive Officer of a Government Department, a Government Research Institure or a University for the purpose of scientific research.

6. Import permits for the importation into Sri Lanka of plants and plant products categorized as GROUP D PLANTS set out in Part A of Schedule IV may be issued subject to provisions specified in regulations 59 to 62.

7. Import permits for the importation into Sri Lanka of plants including any weed

or plant products or other regulated articles originating in the countries in tropical America or in any other country in which South American Leaf Blight (SALB) disease of rubber caused by Mycrocyclus ulei (P. Henn.) Arx (synonym: Dothidella ulei P.Henn.) occurs may be issued by the Director-General or by an authorised officer only with the prior written approval of the Director-General as provided under regulations 44 to 54, only for purpose of scientific research, to a Government Department, a Government Research Institute or a University engaged in scientific research on that material, and no person other than such relevant Institution shall import or bring into Sri Lanka such regulated articles (except tampico fibre of plant Agave lechuguilla Torr.).

8. Importation of plants of family Palmae Juss. (synonym: Family Arecaceae C.

H. Schultz) originating from any locality where any pest that causes any of the diseases categorized as GROUP E pests set out in Schedule V occur within a radial distance of one hundred kilo metres shall be done only by the Coconut Research Institute of Sri Lanka and, for such imporatation, the Director-General or an authorised officer with the prior written approval of the Director-General may issue Plant Importation Permits under the provisions specified in regulations 56 to 58 hereto, and no other person shall import or bring such plants or their plant products into Sri Lanka.

9. No person shall import or bring into Sri Lanka any organism of agricultural

significance except under the authority and in accordance with the conditions of an organism importation permit issued in advance by the Director-General under the provisions specified in regulations 70 and 71 hereto:

Provided however the provisions of this regulation shall not apply to vertebrate animals generally covered by Animal Diseases Act, No. 59 of 1992. Provided however the provisions of this regulation shall not apply to animals as defined by the Animal Disease act. No 59 of 1992, if such animal does not cause any adverse effect to the plants and environment of the country.

10. (1)An application for a permit specified in paragraph (3) of regulation 2 shall be made in accordance with Forms 1, 2, 3, 4 (A) and 4(B) or 5 set out in Schedule VI and

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shall be submitted to an authorised officer nominated under section 3 of the Act for the issuance of import permits.

(2) Upon receipt of an application under paragraph (1) above, the authorised

officer, after careful study of the case, shall issue the relevant import permit, if he is satisfied with the following information, -

(a) the application has been made in compliance with the provisions of paragraph (1);

(b) the particulars contained in such application are true and accurate; (c) the applicant will be able to comply and fulfill the regulations made under the Act; (d) the applicant is not an importer referred to in paragraphs (6) and (7) of this regulation, paragraph (2) of regulation 68 and regulation 86 hereto; (e) the applicant has paid the fee prescribed in Schedule VIII; and (f) further information, reports and explanations requested by the Director-

General or the authorised officer on the proposed material to be imported have been received correctly; (3) Where such authorised officer is dissatisfied with the information provided by the applicant, such authorised officer may request for further information from the applicant or from any other source that such authorised officer considers to be competent in providing the required information or from both such parties, to further ascertain the information given in the application. (4) Where such authorised officer is not satisfied with the information supplied in the application and other requirements, he shall reject such application. (5) The Director-General or the authorised officer may specify in the import permit issued any matters pertaining to the following: -

(a) scientific name of the regulated article;

(b) the conditions imposed for the entry of the regulated article;

(c) the size, the age and the quantity of the regulated article;

(d) country of origin of the regulated article;

(e) the period of validity inclusive of date of issue and date of expiry as referred to regulation 11;

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(f) the phytosanitary certificate and other certificate and any other relevant

certificates required, permits obtained, applicable terms and conditions and the time of certification of the regulated article;

(g) requirements for any inspections, tests or field surveys recommended to be

carried out before dispatch from the country of origin, at entry and/or after entry into Sri Lanka;

(h) procedure to be adopted during post-entry quarantine detention; (i) genetic and physical purity of seed and planting material or any other relevant

terms and conditions as specified under the provisions of the Seed Act, No.22 of 2003 and any regulations made thereunder or as specified under any law pertaining to the seeds and planting material to be imported;

(j) requirements to ascertain if the regulated article is free of pests that can be

associated with such article; (k) matters pertaining to storage, growing, processing, testing, treatment and or

disposal of the regulated article; (l) nature of packing, packaging and or labeling of the regulated article as

required under regulation 16; (m) any other relevant terms and conditions to protect the food security and

agriculture of the country from the impact of pest risk associated with the regulated articles;

(n) terms and conditions related to any genetical or living modifications done to

the regulated article; and (o) any other conditions and requirements deemed appropriate, as the case may

be, by the Director-Genral. (6) After receiving an application for an import permit specified in paragraph (3) of regulation 2 for the import of regulated articles, the Director-General or the authorised officer shall, according to the guidelines specified by the Director-General, limit the number of items to be included in each permit and accordingly issue the required number of permits. (7) If any importer has violated any provisions of the Act or regulations made thereunder or any condition imposed by any permit already issued for the import of regulated article or articles, the Director-General shall suspend the issuance of any new permit specified in column II of the Table in the paragraph (3) of regulation 2 in the name of such importer or further use of any import permit issued to such importer for the import of regulated articles until such time the relevant test, analysis, inquiry, finding and or legal action is over.

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(8) The Director-General shall blacklist the importers who, during the import of any regulated article, violate for more than two occasions the Act or regulations made thereunder or the terms and conditions imposed by an import permit issued, and, no import permit specified in column II of the Table in paragraph (3) of regulation 2 shall be issued thereafter in the name of such importer.

11. (1) An import permit issued under the provisions of these regulations shall be valid for a period of three month from the date of issue, unless such import permit is extended, suspended or cancelled by the Director-General. (2) The Director-General or the authorised officer may extend only once the period of validity of an import permit already issued for a period of not more than three (3) months upon a request made by the holder of the relevant import permit before the expiry date of such import permit and if the import permit holder has paid the fees set out in Schedule VIII hereto. (3) It shall be the duty of the person in whose favour an import permit mentioned in column II of the Table in the paragraph (3) of regulation 2 is issued to comply or cause to be complied with all conditions imposed by such permit. 12. (1) Any person aggrieved by the rejection of an application made by an authorized

officer under regulation 10 may appeal in writing to the Director-General against such rejection within fourteen (14) days from the date of receipt thereof.

(2) The appeal shall contain reasons relied on by such aggrieved person. (3) On receipt of an appeal specified under paragraph (1) of this regulation, the Director-General, shall take into consideration all the relevant facts contained in the appeal and may either affirm the decision of the authorized officer or issue fresh instructions to the authorized officer to issue the relevant import permit and communicate the decision to the appellant. If the Director General considers necessary, prior to making a decision he may appoint a committee of experts consisting of not more than five (5) persons to advise him on the relevant matter.

13. (1) Any person who is dissatisfied with the terms and conditions stipulated in the import permits issued by an authorized officer under regulation 10 for the import of the regulated article specified in regulation 2 may appeal in writing to the Director-General with a copy to the authorised officer prior to the importation of the regulated article.

(2) The appeal shall contain reasons relied on by the person dissatisfied and

shall include sufficient scientific information to support such reasons.

(3)Upon receipt of an appeal specified in paragraph (1) of this regulation, the Director- General, shall take into consideration all the relevant facts contained in the appeal and

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may accept or reject the submissions made and give instructions either affirming the conditions stipulated in the permit already issued or stipulating new conditions, to the authorised officers and communicate the decision on the appellant. If the Director General considers necessary, prior to making a decision he may appoint a committee of experts consisting of not more than five (5) persons to advise him on the relevant matter.

(3) The decision of the Director-General shall be final

14. The Director-General may suspend or cancel any import permit issued by him or an authorised officer, if he is satisfied that there is a possibility of introducing a quarantine pest into Sri Lanka with the consignment for which the import permit had been issued. Such cancellation or suspension shall be communicated in writing giving reason therefor, to the person who has obtained the permit. It shall be the duty of the person concerned to return the permit to the Director-General within the period specified therein and such person shall not be entitled to the refund of any fee paid.

15. (1)The regulated articles specified in Column I of the Table in the paragraph (3) of regulation 2 shall be imported into Sri Lanka only through the Colombo sea port, the Bandaranaike International Airport, Katunayake, Mattala Rajapaksha International Airport, Ruhunu Magampura Mahinda Rajapaksha Sea Port, Hambanthota, the General Post Office, Colombo, registered courier service (hereinafter referred to as the “port of entry”). In addition to the ports of entry, the Director-General may declare by nortification published in the Gazette any other port or airport as a port of entry.

(2) The Director-General or the authorised officer shall specify the port of entry in the permit issued for the importation of regulated articles specified in Column I of the Table in paragraph (3) of regulation 2.

16. Any person, who imports or brings regulated articles specified in Column I of the Table in the paragraph (3) of regulation 2 under a valid import permit shall take necessary steps to securely package such regulated articles to prevent spillage in transit. Every package shall bear on its surface clearly visible information on -

(1) the identity of the regulated article by its scientific name; (2) the quantity; (3) any treatment (chemical or otherwise) given; (4) the name and address of supplier; (5) the name and address of the consignee; (6) the country of origin; and (7) the permit number.

17. (1) All packing materials as well as accompanying or adhering materials shall be subjected to the provisions of the Act and these regulations.

(2) The importation into Sri Lanka of the following packing material shall be prohibited and these materials shall not be associated with or accompany any commodity,

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shipment or consignment for the purpose of filling, wrapping, tying, lining, to be used as mats and substance for moisture retention, protection or for any other purpose.

(a) bamboo leaves and small shoots; (b) cereal leaves, straw, hull and chaff, (c) corn and allied plants (living or dead); (d) leaves, stems and other parts of plants (living or dead) except those

approved by the Director-General in writing; (e) sugarcane (all parts of the plant, living or dead, including bagasse); (f) leaves and other parts of banana plants (living or dead); (g) leaves and other parts of coconut and other palm plants (living or dead)

(3) The Director-General may from time to time specify the list of approved packing material.

(4) The Director-General may, from time to time, specify the growing media that could accompany with any imported rooted plants.

18. (1) Any consignment of regulated articles imported into Sri Lanka shall arrive at the specified port of entry accompanied by the relevant phytosanitary certificate, other certifications, official statements issued in respect of the consignment and a copy of the relevant import permit.

(2) Immediately upon arrival of any consignment of regulated article referred to in column 1 of the Table in paragraph (3) of regulation 2, at the port of entry, the importer shall-

(a) inform the officer-in-charge or an authorised officer of the quarantine service in writing of the details of the import; and

(b) declare to any Customs Officer or an authorised officer the details of the

import.

(3) No importer shall fail or neglect to inform and declare such regulated articles to the relevant authorities as referred to in paragraph (2) of this regulation.

19. (1) Any consignment, container, package or parcel containing any regulated article referred to in Column I of the Table paragraph (3) of regulation 2 and imported into Sri Lanka shall be referred by the Director-General of Customs or the Postmaster General or their representative or chief executive officer of the registered courier service, as the case may be, to an authorised officer under the Act for inspection, and such relevant regulated articles shall not be released unless after submission for such inspection.

(2) After inspection, the consignment, container, package or parcel referred to in paragraph (1) of this regulation shall be returned to the Director-General of Customs or the Postmaster General or their representative or chief executive officer of the registered courier

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service, as the case may be, with appropriate recommendation for any actions to be taken in relation to such regulated article.

(3) It shall be the duty of the importer to obtain clearance from the authorised officer in writing prior to removal of regulated article.

20. (1) Any consignment of regulated article imported into Sri Lanka shall be inspected by an authorised officer at the port of entry or at any other convenient place in conformity with the Act and the regulations made thereunder. It shall be the duty of the relevant officials at the port of entry to direct the relevant material to the authorised officers and give required assistance and facilities for such inspection.

(2) The importer or his representative shall submit to the authorised officer at the port of entry the relevant import permit, the originals of the phytosanitary certificate and other official statements issued in respect of the consignment.

21. (1) ) Authorised officers shall confirm that all importations made under these regulations have fulfilled all necessary phytosanitary safeguards prescribed by the Director- General.

(2) If a consignment containing plants or regulated articles have been imported violating the provisions of regulation 3, 4, 5, 6, 7 or 8, by an Order of the Director-General or the authorised officer, such consignments shall be returned to the supplier at the place of origin or destroyed at the expense of the importer.

(3) Where an Order is given to re-export the relevant regulated article to the supplier at the place of origin in paragraph (1) above, any request to change the containers or packagings of such regulated articles and to use such regulated articles for any other purpose shall not be allowed, perhaps the Director-General may Order any plant protection measures to be taken, and the importer, without unflue delay, shall take actions to re-export such regulated articles.

22. If the authorised officer is satisfied that! a plant or plant product, that is not subjected to regulations 3, 4, 5, 6, 7, 8 and 29 hereto, is imported for consumption, processing, manufacture or for any other purpose other than for the purpose of propagation, he may dispense with the inspection referred to in paragraph (1) of regulation 20.

23. Any person, who, without obtaining written permission from the Director-

General, grows or cultivates any plant or plant product imported into Sri Lanka, with the intention of using such plant or plant product for any purpose other than planting, shall be guilty of an offence under the Act.

24. (1) If any authorised officer is satisfied that any imported regulated article is carrying a pest, and even if such article has been imported into Sri Lanka in conformity with the provisions of the Act and these regulations, by notice in writing served on the importer or

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owner, such authorised officer, may take the most appropriate action or actions from among the options described below for achieving the objectives of the Act, -

(a) order to carry out its disinfection, disinfestation, fumigation or other treatment at the expense of the importer or owner;

(b) order it to be detained in quarantine or post-entry quarantine, as the

case may be, or in any other place approved by the Director-General for a specified period as may be determined by the Director-General;

(c) order it to be taken out of the country or be re-exported to the supplier

at the place of origin within a specified period at the expense of the importer or owner; or

(d) authorise or carry out its immediate destruction at the expense of the importer or owner.

(2) If a regulated article had been imported without fulfilling the conditions specified in the import permit under regulation 10, the authorised officer shall order the importer or owner to comply with the most appropriate action or actions among the options specified in paragraph (1) above for achieving the objectives of the Act.

(3) When any authorised officer establishes that the importation of any regulated article into any premises in Sri Lanka for any purpose, has contravened the Act or regulations made thereunder or was made without a relevant import permit, such authorised officer, by notice in writing served on the importer or owner, shall require the importer or the owner to comply with the conditions specified in subparagraph (c) or (d) of paragraph (1) of this regulation.

(4) If a species of pest found in an imported consignment of regulated articles cannot be determined, the Director-General shall direct such consignment to be detained in the Customs hold under the supervision of authorised officers at the expense of the importer or owner until such time the identity of such species is established

(5)Where an organism not known to occur in Sri Lanka is found in an imported consignment of regulated articles, the Director-General shall consider such organism as a quarantine pest and, by notice in writing served on the importer or owner, direct such consignment to be re-exported or destroyed within a specified period of time at the expense of the importer or owner, unless it is proven by the importer or the owner within a specified period of time determined by the Director-General to the satisfaction of a committee of scientists nominated by the Director-General who have the needed expertise in the relevant field, that the said organism is not a pest or not likely to become a quarantine pest in Sri Lanka, and the full expenses for these actions shall be borne by the importer or the owner.

(6)The notice referred to in paragraph (1) of this regulation, shall be served in duplicate according to the format given in Form 6 of Schedule VI hereto.

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(7) Every person to whom a notice is served under paragraph (1) shall comply with such

notice within the time specified therein unless he appeals against the Order according to the provisions of the Act.

(8)Where there is a doubt pertaining to the identity of‘ a pest occurring in a consignment, the authorised officer shall take samples and take appropriate action to submit them without undue delay to a scientist or scientist nominated by the Director-General for further identification. (9) The notice referred to in paragraph (3) of this regulation shall be served in duplicate according to the format given in Form 7 in Schedule VI. (10)Every person on whom a notice is served under paragraph (3) shall comply with such notice within the time specified therein. (11)The decision of the authorised officer taken according to paragraph (3) above is final and conclusive and no person shall make any appeal except a holder of a valid import permit under the provisions of paragraph (2) of regulation 2. (12) (a) Immediately upon arrival at any port of entry in Sri Lanka, the authorised officers shall inspect the plant product exempted from obtaining a Plant Importation Permit under paragraph (5) of regulation 2 and release such plant product if such authorised officer are satisfied that the relevant plant product does not cause any damage to the plants and organisms in Sri Lanka.

(b) If the authorised officers are satisfied that the relevant plant product exempted from obtaining a Plant Importation Permit under paragraph (5) of regulation 2 can cause any damage to the plants and organisms| in Sri Lanka, such authorised officers shall order the re-export of the plant product to the supplier at the country of origin at the expense of the importer or Order the destruction of such plant product at the expense of the importer. (13) Where an Order is given to re-export the relevant regulated article to the supplier at the place of origin, any request to change the containers or packagings of such regulated articles and or to use such regulated articles for any other purpose shall not be allowed. The Director-General may Order suitable plant protection measures to be applied to such regulated articles prior re-export, at the expense of the importer. The importer shall make all arrangements to re-export the regulated article, without undue delay.

25. It shall be lawful for the Director-General or an authorised officer to inspect at all reasonable hours in accordance with the provisions of the section 4 of the Act any premises in which any regulated article is kept after importation.

26. If any person temporarily brings into Sri Lanka or into its territorial waters, any

plant, plant product or organism of referred to in regulations 3 to 9, such regulated

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articles shall be subjected to such inspections or treatment as may be deemed necessary by the Director-General or any authorised officer, and such in-transit case shall be considered as an importation done without a valid import permit so that no permission shall be granted to change the containers or packages or to use such regulated articles for any purpose within Sri Lanka.

(2)The provisions of paragraph (1) of this regulation shall also apply to all carriers including ships and aircrafts, their stores, furnishings, dunnage etc., while such carriers are in Sri Lanka or in the territorial waters of Sri Lanka. (3)The person-in-charge of any carrier of plant consignments shall submit to the plant quarantine service at the port of entry, a detailed document specifying whether such consignments are imported or passing in transit together with an account of their type, variety, quantity, weight, characteristics, any treatment given and name of the importer within thirty- six (36) hours from the time of arrival.

27. No compensation shall be payable in respect of any package or parcel of regulated article

destroyed or damaged during any inspection, treatment or post-entry quarantine detention carried out in accordance with the provisions of the Act or these regulations.

28. Unloading of trash, garbage or refuse from any aircraft, ship, vessel or from

any other mode of international transportation, into Sri Lanka is strictly prohibited. However, any aircraft, ship, vessel or any other mode of international transportation used for providing transport facilities may dispose such material with the knowledge and with the written approval of an authorised officer, in which case such material shall be properly incinerated under the supervision of the authorized officer. No harmful matter, substance or effluent injurious to the environment shall be brought into or disposed in to the territorial waters of Sri Lanka or into Sri Lanka.

29. When any plant, other than the plants categorized under regulation 5 as GROUPS Cl and C2 PLANTS, is reported to be present as a contaminant in any consignment, there shall be a complete prohibition of admissibility of such consignment until such time the importer proves to the satisfaction of a committee of experts nominated by the Director-General who have the needed expertise in the relevant field, that such contaminant will not become a quarantine pest in Sri Lanka.

PART II SMALL QUANTITIES OF PLANTS

30. (1) In the event that small quantities of plants, except those categorized as

GROUPS A, B, C1, C2 and D set out in the schedules of these regulations and those referred to in regulation 7 and 8, have been brought into a port of entry in Sri Lanka by any person without an importation permit, the authorised officer at the port of entry shall be informed without delay who shall take appropriate action.

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(2) Plants referred to in paragraph (1) shall be accompanied with a valid phytosanitary certificate fulfilling the requirements mentioned therein and, in the event such plants are found infested or contaminated with any pest, such plants shall be subjected to treatment or destruction by an authorised officer.

(3) Plants referred to in paragraph (1) above shall not be released unless the authorised officer is satisfied that such plants are not a threat to flora, agriculture or environment in Sri Lanka.

(4) The total quantity of plants, except seeds, in possession of a person who brought them to a port of entry under paragraph (1) of this regulation shall not exceed ten (10) plants.

(5) The total quantity of seeds in possession of a person who brought them to a port of entry under paragraph (1) of this regulation shall not exceed twenty (20) grammes in weight.

(6) The total quantity of culture vessels of two hundred and fifty (250) milliliters in volume in possession of a person who brought them to a port of entry under paragraph (1) of this regulation shall not exceed ten (10) in number.

(7) When a person has brought plants exceeding the quantities mentioned in paragraph (4), (5) or (6) above without valid import permit, the authorised officer shall take steps to destroy the entire consignment and it is the duty of the person who brought such plants to pay for the expenses incurred for such destruction.

(8) Where an authorised officer or a Customs Officer finds that a person has brought plants without informing an authorised officer as mentioned in paraghraph (1) above, the authorised officer shall order the destruction, of such plants, and it shall be the duty of the person who brought such plants to pay for expenses incurred for such destruction. 31. When the authorised officer decides to please the small quantities of plants under regulation 30 above, the person who brought such plants shall pay the fee specified in regulation 163.

PART III

GROUP A PLANTS

32. (1) Under adequate safeguards specified in writing by the Director- General,

limited quantities of plants categorized as GROUP A PLANTS set out in Schedule I may be imported under a valid plant import permit by a Government Department or a Government Research Institute engaged in research on such plants.

(2) Notwithstanding the provisions referred to in paragraph (1) above, the following GROUP A plants shall be imported only as follows –

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(3) No import permit for the importation of plants referred to in paragraph (2) above shall be issued to any person or organization other than to the authorities referred to in paragraph (2) above.

(4) Under adequate safeguards specified in writing by the Director-General, limited quantities of plants categorized as GROUP A PLANTS set out in Schedule I may be

Category of plants Authority permitted to import

(a) Any plant of the genus Camellia L (synonym: Thea L.) (Tea and allied plants)

Tea Research Institute of Sri Lanka

(b) Any plant of the genus Cocos L. (Coconut and allied plants)

Coconut Research Institute of Sri Lanka

(c) Any plant of the genus Hevea Aubl. (Rubber and allied plants)

Rubber Research Institute of Sri Lanka

(d) any plant of the genus Oryza L. (Rice and allied plants)

Rice Research and Development Institute of Sri Lanka

(e) any plant of the genus Saccharrum L. (Sugarcane and allied plants)

Sugarcane Research Institute of Sri Lanka

(f) any plant of the genus Cinnamomum Schaeffer. (Cinnamon and allied plants), genus Coffea L. (Coffee and allied plants), Cymbopogon citratus (DC.) Stapf (Lemon grass and allied plants), Cymbopogon nardus (L.) Rendle (Citronella and allied plants), Elettaria cardamomum (L) Maton (Cardomum and allied plant . Myristica fragrans Houtt. (Nutmeg and allied plants), Piper betle L. (Betel and allied plants), Piper nigrum L. (Pepper and allied plants), genus Syzygium Gaertn. (Clove and allied‘ plants), and genus Theobroma L: (Cacao and related plants except non- viable, fermented seed)

Department of Export Agriculture

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imported under a valid plant import permit by a University engaged in research on such plants, if such University has a collaborative research programme with the Department of Agriculture and if a memorandum of understanding for such a collaborative research programme is signed between the Director-General and the Chief Executive Officer of such University.

(5) The Director-General and the respective Head or the Chief Executive Officer of the

relevant Institution shall ensure the fulfillment of all safeguards during the period of the collaborative research programme referred to in paragraph (4).

(6) The Director-General shall determine the limited quantity that will be permitted under paragraph (1) above based on the availability of physical and human resources necessary for the imposition of phytosanitary safeguards specified to alleviate any pest risk associated with such plants categorized as GROUP A PLANTS set out in Schedule I.

33. An application to import plants categorized as GROUP A PLANTS set out in Schedule I shall be made through the Head or the Chief Executive Officer of the relevant government department, the relevant government research institute or the relevant university, as the case may be, and the application shall be accompanied by a recommendation made personally by such Head or such Chief Executive Officer.

34. (1) The Plant Importation Permit issued for the importation of GROUP A PLANTS set out in Schedule I shall be granted only to the Head or the Chief Executive Officer of the relevant government department, the relevant government research institute or the relevant university, as the case may be.

(2) In the import permit issued for the importation of plants categorized as

GROUP A PLANTS set out in Schedule I, the Director-General or the authorized officer may specify the following requirements, if appropriate, in addition to what is mentioned in paragraph (5) of regulation 10 –

(a) pre-shipment inspection of the regulated article by authorised officers when

deemed necessary;

(b) facilities required including the trained personnel in the relevant fields for the

quarantine of the imported plants;

(c) the shipping pathway of the regulated articles from the country of origin; and

(d) conform to the specifications of either Grade 1 or Grade 2 screen houses set

out in Schedule IX.

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(3) It shall be the duty of the importer to ensure the adherence to and fulfillment of the conditions specified for the importation and for the post-entry quarantine detention of any regulated article imported under regulation 32.

35. (1) Any plant imported under regulation 32, shall be subject to post-entry quarantine detention for a period that shall be specified by the Director-General taking into consideration the pest risk associated with the plant.

(2) Prior to the issue of any import permit under regulation 32, the Director-General shall instruct an authorised officer to inspect and report on the suitability of the facilities available for the post-entry quarantine detention of plants to be imported.

(3) At the port of entry, an authorised officer shall inspect the imported consignment of GROUP A PLANTS and shall direct it to quarantine.

(4) All planting material (except in vitro cultures) of GROUP A PLANTS imported under regulation 32 shall be disinfected at the quarantine in a manner specified by the Director-General and the packaging and all packing materials used when importing such material shall be destroyed.

(5) The written approval of the Director-General shall be obtained before the release or the removal from the post-entry quarantine detention of any GROUP A PLANTS imported under regulation 32.

(6) An authorised officer shall certify the fulfillment of the requirements specified by thi Director-General subject to which the importation has been permitted prior to the release from the post-entry quarantine detention of any GROUP A PLANTS imported under regulation 32.

36. (1) The Director-General shall allow the importation into Sri Lanka under regulation 32, of any plant of the genus Camellia L (synonym: Thea L.) subject to the fulfillment of the following conditions and any other provisions specified under regulations relevant for importation of plants.

(2) For the importation of seeds of any plant of the genus Camellia L. (synonym: Thea L.) according to paragraph (1) above, an official statement shall be made certifying that-

(a) the seeds were produced in an area where Exobasidium reticulatum Ito and Sawada, Pseudomonas syringe Van Hall pv. theae (Hori) Young, Dye and Wilkie and Xanthomonas campestris (Pammel) Dawson pv. theicola Uehara and Arai are not known to occur within a radial distance of one hundred (100) kilometers;

(b) the seeds were inspected and found to be free from Lopholeiicaspis japonica Cockerell:

17

(c) a competent person of the National Plant Protection Organization of the country of export had carried out field inspections at least once in every month during the preceding six months and was satisfied that the crops from which the seeds were collected were found to be free from pests specified in sub-paragraphs (a) and (b) above and any other pests specified by the Director-General;

(d) in lieu of the certification of field inspections specified in sub-paragraph (c), a competent officer of the Tea Research Institute of Sri Lanka authorised by the Chief Executive Officer of such Institute may personally select the seeds from the crop of Camellia L. (synonym; Thea L.) while in the country of export;

(e) the seeds have been disinfested and made free of any soil or soil constituents in a manner specified in writing by the Director General.

(3) For the importation of vegetative planting materials of any plant of the genus Camellia L. (synonym: Thea L.) according to paragraph (1) above, an official statement shall be made certifying that-

(a) the mother plants and the vegetative planting materials were grown in an area where Exobasidium reticulatum Ito and Sawada, Pseudomonas syringae Van Hall pv. theae (Hori) Young, Dye and Wilkie and Xanthomonas campestris (Pammel) Dawson pv. theicola Uehara and Arai are not known to occur within a radial distance of one hundred (100) kilometres;

(b) the planting materials were inspected and found to be free from Helopeltis bergrothi Reuter, Hoplolaimus pararobustus (Schuurmans Stekhoven and Teunissen) Sher, Lopholeucaspis japonica Cockerell, Meloidogyne exigua Goeldi, Meloidogyne, incognita-acrita Chitwood, Parabemisia myricae (Kuwana) and Paratrichodorus christiei (Allen) Siddiqui (synonym: Paratrichodorus minor (colbran) Siddiqui);

(c) the planting materials were inspected and found to be free from Ciborinia camelliae Kohn;

(d) a competent person of the National Plant Protection Organization of the country of export has carried out field inspections at least once in every month for the preceding six months and be satisfied that the crops from which the vegetative planting materials were collected to be free from pests specified in sub-paragraphs (a), (b) and (c) and any other pests specified by the Director-General;

(e) in lieu of the certification of field inspections specified in sub-paragraph,(d) a competent officer of the Tea Research Institute of Sri Lanka authorised by the Chief Executive Officer of such Institute may personally select the vegetative planting materials from the crop of Camellia L. (synonym: Thea L.) while in the country of export;

(f) the planting material have been disinfested and made free of any soil or soil

18

constituents in a manner specified in writing by the Director General.

(4) For the Importation of in vitro cultures of any plant of the genus Camellia L.

(synonym: Thea L.) according to paragraph (1) above, an official statement shall be made certifying that -

(a) the mother plants and the in vitro cultures were tested and found to be free from Exobasidium retipuldtum Ito and Sawada, Pseudomonas syrimgae Van Hall pv. theae (Hori) Young, Dye and Wilkie and Xanthomonas campestris (Pammel) Dawson pv. theicola Uehara and Arai and other pests specified by the Director-General; and

(b) the culture medium contains neither charcoal nor antibiotics or pesticides. (5) Each consignment of relevant regulated articles shall be accompanied with a copy

of the import permit issued and certificates and official statements required, which shall be issued by the National Plant Protection Organization of the country of export or production of relevant regulated articles within fourteen (14) days prior to the shipment, and shall be addressed to the Chief Executive Officer of the Tea Research Institute of Sri Lanka.

(6) The imported planting materials including seeds shall be grown under post entry quarantine detention at a place that shall be approved in advance by the Director-General with the concurrence of the Chief Executive Officer of the Tea Research Institute of Sri Lanka.

37. The Director-General may allow the importation into Sri Lanka of any material (including pollen, embryo cultures and seed nut) of the genus Cocos L. capable of further growth under regulation 32, subject to the fulfillment of the following conditions and any other provisions specified under regulations relevant for importation of plants:-

(a) an authorised officer under the instruction of the Director-General shall perform a risk analysis and recommend adequate safeguards for each consignment subject to which permission may be granted for the importation;

(b) a competent officer of the Coconut Research Institute of Sri Lanka authorised in that behalf shall personally supervise the collection of the material at the particular locality from where the importation has been permitted;

(c) the consignment shall be sent addressed to the Chief Executive Officer of

the Coconut Research Institute of Sri Lanka; (d) the imported plants shall be grown in post-entry quarantine detention as

specified by the Director-General in accordance with the safeguards

19

determined in sub-paragraph (a).

38. The Director-General may allow the importation into Sri Lanka of any plant of

the genera Areca L., Borassus L., and Caryota L. under regulation 32 subject to the fulfillment of the following conditions and any other provisions specified under regulations relevant for Importation of plants.-

(a) the importation shall not contravene the provisions of regulation 8;

(b) permission shall be granted with the concurrence of the Chief Executive Officer of the Coconut Research Institute of Sri Lanka;

(c) the conditions specified by the Director-General for the permitted importation shall be stated in the import permit issued;

(d) the consignment shall be addressed to the Chief Executive Officer of the relevant government research institute;

(e) the imported plants shall be grown under post-entry quarantine detention for a minimum period of two years at a place approved for that purpose by the Director-General with the concurrence of the Chief Executive Officer of the Coconut Research Institute of Sri Lanka;

(f) the release for field planting of plants grown under post-entry quarantine detention shall be subject to recommendation by a team consisting of two competent officers appointed for the purpose by the Chief Executive Officer of the Coconut Research Institute of Sri Lanka and two authorized officers.

39. (1) The Director-General may allow the importation into Sri Lanka of any plant of

the genus Hevea Aubl. capable of further growth or propagation under regulation 32, subject to the fulfillment of the following conditions and any other provisions specified under regulations relevant for importation of plants.

(2) When an application is made for the import of any plant of genus Hevea Aubl. under regulation 32, the liaison officer of the South American Leaf Blight Disease at the Rubber Research Institute of Sri Lanka shall be informed about the details of such importation and the application shall be submitted with his recommendation.

(3) For the importation, in accordance with the paragraph (1) above, of the seeds of any plants of the genus Hevea Aubl. originating from any country other than the countries specified in paragraph (4) below, there shall be an official statement certifying that –

(a) the seeds have been inspected, disinfected and made free of any soil or soil constituents in the country of origin in a manner specified in writing

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by the Director-General;

(b) the seeds have been tested and found to be free from pests specified by the

Director-General; (c) the seeds are free from plant debris and other extraneous matter; and

(d) the seeds and the mother plants have been tested and found to be free from Microcyclus ulei (P. Henn.) Arx (synonym: Dothidella ulei Henn.).

(4) For the importation, in accordance with the paragraph (1) above, of seeds of any plant of the genus Hevea Aubl. originating from any country in Tropical America or from any other country in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn.) Arx (synonym : Dothidella ulei Henn.) is present, the following conditions shall be fulfilled -

(a) the availability of a phytosanitary certificate issued by the National Plant Protection Organization of the country of origin confirming that the requirements referred to in sub-paragraphs (a), (b), (c) and (d) of paragraph (3) have been fulfilled;

(b) the seeds must be taken to an intermediate plant quarantine station approved by the Director-General for such purpose, where the seeds shall be treated in a manner specified by the Director-General (This intermediate plant quarantine station shall be situated outside Asia and the Pacific Region, outside Tropical America and outside any country in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn.) Arx (synonym: Dothidella ulei Henn.) is present);

(c) after the completion of such treatment, the seed shall be repacked with new packing materials in new containers at the intermediate plant quarantine station;

(d) the consignment shall be accompanied with a phytosanitary certificate for re-export to the effect that the requirements referred to in sub-paragraphs (b) and (c) above have been fulfilled and that the seeds are free from pests and plant debris and signed by the Officer-in-Charge of the intermediate plant quarantine station.

(5) For the importation, in accordance with paragraph (1) above of budwood and other unrooted vegetative propagating materials of any plant of the genus Hevea Aubl., originating from any country, other than the countries specified in paragraph (6) below,

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official statement shall be made to the effect that -

(a) the planting material have been disinfected and made free of any soil or soil constituents of the country of origin in a manner specified in writing by the Director-General;

(b) the planting material have been tested and found to be free from pests specified in writing by the Director-General; and

(c) mother plant and planting material obtained from them have been tested

and found to be free from Microcyclus ulei (P. Henn) Arx (synonym: Dothidella ulei Henn.)

(6) For importation, in accordance with the paragraph (1) above of budwood and

other unrooted vegetative propagating materials of any plant of the genus Hevea Aubl. originating from any country in Tropical America or any country, in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn) Arx (synonym: Dothidella ulei Henn.) is present, the following conditions shall be fulfilled :-

(a) the consignment shall be accompanied with a phytosanitary certificate issued by the National Plant Protection Organization of the country of origin confirming that the requirements referred to in sub-paragraphs (a),(b) and (c) of paragraph (5) have been fulfilled;

(b) the consignment shall be taken to an intermediate plant quarantine station

approved by the Director-General for such purpose, where the plant material shall be treated in a manner specified by the Director-General (This intermediate plant quarantine station should be situated outside Asia, and the Pacific Region, outside Tropical America and outside any country in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn.) Arx (synonym: Dothidella ulei Henn.) is present);

(c) on completion of the specified treatment, the plant material shall be freed

of any soil or soil constituents of the country of origin and shall be repacked with new packing materials in new containers at the intermediate plant quarantine station; and

(d) the consignment shall be accompanied with a phytosanitary certificate for

re-export to the effect that the requirements mentioned in sub-paragraphs (b) and (c) have been fulfilled and that the plant material is free from pests, and shall be signed by the Officer-in-Charge of the intermediate plant quarantine station.

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(7) For the importation, in accordance with the paragraph (1) above, of in vitro cultures of plants of the genus Hevea Aubl., originating from any country other than those specified in paragraph (8) below, official statement shall be made to the effect that :-

(a) the mother plants and the in vitro cultures were tested and found to be free from pests specified by the Director-General ; and

(b) the culture medium contains neither charcoal nor antibiotics or pesticides.

(8) For the importation, in accordance with the paragraph (1) above, of in vitro cultures of plants of the genus Hevea Aubl, originating from any country in Tropical America or any country, in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn) Arx (synonym : Dothidella ulei Henn.) is present, the following conditions shall be fulfilled -

(a) an official statement for the fulfillment of the requirements referred to in sub-paragraphs (a) and (b) in paragraph (7) have been complied with;

(b) the in vitro cultures shall be taken to an intermediate plant quarantine

station approved by the Director-General for that purpose (This intermediate plant quarantine station should be situated outside Asia and the Pacific Region, outside Tropical America and any country in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn) Arx (synonym: Dothidella ulei Henn.) is present);

(c) at the intermediate plant quarantine station, the plants shall be sub-

cultured in a suitable medium without antibiotics and charcoal and incubated at required conditions for more than four weeks;

(d) at the end of the incubation period specified in subparagraph (c), the in

vitro cultures shall be inspected again and, if found to be free of contamination, shall be packed with new packing materials, in new containers at the intermediate plant quarantine station;

(e) each consignment shall be accompanied with a phytosanitary certificate

for re-export issued by the National Plant Protection Organization of the country of the intermediate plant quarantine station confirming that the requirements specified in sub-paragraphs (b), (c) and (d) above have been fulfilled

(9) Any official statement or certificate referred in paragraphs (3), (4), (5), (6), (7) and (8) shall be issued by the National Plant Protection Organization in the country of production or export of the relevant regulated articles within two (2) weeks prior to the shipment of the regulated article and each consignment containing the relevant regulated articles shall be accompanied with a copy of the Plant Importation Permit, with other

23

certificates and official statements required, and shall be addressed to the Chief Executive Officer of the Rubber Research Institute of Sri Lanka. (10) The imported planting material including seeds shall be grown under post-entry quarantine detention at a palce approved by the Director-General with the concurrence of the Chief Executive Officer of the Rubber Research Institute of Sri Lanka. (11) The minimum period of post–entry quarantine detention shall be specified by the Director-General.

40. Where any plant and plant product of the genus Hevea Aubl. not capable of

further growth or propagation is imported under regulation 32 above into Sri Lanka with a valid import permit, the Director-General may allow such importation, if :-

(1) the consignment has been made free of any soil, soil constituents or growing

media and either sterilized or treated in the country of origin, in a manner specified in writing by the Director-General;

(2) the consignment has been tested and found to be free from pests as specified

in writing by the Director-General; and

(3) the consignment shall be accompanied by a valid phytosanitary certificate to the effect that the requirements referred to in paragraphs (1) and (2) have been fulfilled. 41. The Director-General may allow the importation of any plant of the genus

Oryza L. under regulation 32, subject to fulfillment of the following conditions, and any other provisions referred to in regulations relevant for importation of plants-

(1) Which shall be made as seed, pollen or in vitro plants when importing;

(2) each consignment shall be accompanied with a copy of the plant importation permit and other relevant certificates and official statements required to be submitted under this regulation and shall be addressed to the Director of the Rice Research and Development Institute of Sri Lanka;

(3)the imported seed and in vitro plants shall be grown under post–entry quarantine detention for a period specified by the Director-General at a place approved by him for that purpose;

(4) imported pollen shall be used only for scientific studies to be done at a place approved by the Director-General for that purpose.

42. (1) The Director-General may allow the importation of any plant of the genus

Saccharrum L. into Sri Lanka under regulation 32, if the importation subject to fulfillment of the following conditions and any other provisions referred to in regulations relevant for importation of plants.

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(2) For the importation in accordance with the paragraph (1) above of budwood and other un–rooted vegetative propagating materials, official statement shall be made to the effect that:-

(a) the plant materials were tested and found to be free from Clavibacter xyli subsp. xyli Davis, Gillaspie, Vidaver and Harris (Ratoon Stunting Disease) and Peronosclerospora sacchari (T. Miyake ) Shirai and K. Hara; (b) either

(i) the plant materials were tested and found to be free from Abaca Mosaic Potyvirus (synonym: Strain of Sugarcane Mosaic Potyvirus), Maize Streak Geminivirus, Sugarcane Fiji Disease Fijivirus (synonym: Saccharum Virus 2), Sugarcane Chlorotic Streak Virus, Sugarcane Dwarf Virus, Sugarcane Ramu Stunt Virus (ramu Stunt Disease) Sugarcane Grassy Shoot Disease Phytoplasma (Grass shoot Disease), and Sugarcane White Leaf Disease Phytoplasma; or

(ii) the pests, namely, Abaca Mosaic Potyvirus (synonym: Strain of

Sugarcane Mosaic Potyvirus), Maize Streak Geminivirus, Sugarcane Fiji Disease Fijivirus (synonym: Saccharum Virus 2), Sugarcane Chlorotic Streak Virus, Sugarcane Dwarf Virus, Sugarcane Ramu Stunt Virus (ramu Stunt Disease) Sugarcane Grassy Shoot Disease Phytoplasma (Grass shoot Disease), and Sugarcane White Leaf Disease Phytoplasma are not known to occur in the area of production;

(c) either

(i) the plant materials were inspected and found to be free from Acigona steniellus (Hampson), Cicadulina mibila (Naude), Diaprepes abbreviatus (L.), Diatraea saccharalis (Fabricius), Phyllophaga smithi (Arrow), Planococcus kenyae (Le Pelley), Scirpophaga excerptalis Walker, and Sesamia calamistis Hampson; or

(ii) the pests, namely, Acigona steniellus (Hampson), Cicadulina

mibila (Naude), Diaprepes abbreviatus (L.), Diatraea saccharalis (Fabricius), Phyllophaga smithi (Arrow), Planococcus kenyae (Le Pelley), Scirpophaga excerptalis Walker, and Sesamia calamistis Hampson are not known to occur in the area of production;

25

(d) the plant materials were tested and found to be free from Hemicriconemoides mangiferae Siddiqi, Heterodera schachtii A. Schmidt, Hirshmanniella spinicaudata (Schuurmans Stekhoven) Luc & Goodey, Hoplolaimus pararobustus (Schuurmans Stekhoven & Teunissen) Sher, Macroposthonia sphaerocephala (Taylor) De Grisse and Loof (synonym: Criconemmela sphaerocephala (Taylor) Lue and Raski), Paratrichodorus christiei (Allen) Siddiqi (synonym:

Paratrichodorus minor (Colbran) Siddiqi) and Tylenchorhynchus martini Fielding (synonym: Tylenchorhynchus anulatus (Cassidy) Golden);

(e) the plant materials have been subjected to hot water treatment at 500 C

for two(2) hours followed by a coating of a wide spectrum fungicide; and

(f) the plant materials have been dipped in low melting point wax and

wrapped in dry paper, (3) For the importation in accordance with paragraph (1) above of in vitro

cultures, official statement shall be made to the effect that -

(a) the plantlets were derived from mericlones and not from callus cultures ; (b) the culture medium contained neither charcoal nor antibiotics or

pesticides ; (c) the mother plants and the in vitro cultures were tested and found to be

free from Clavibacter xyli subsp. xyli Davis, Gillaspie, Vidaver and Harris (Ratoon Stunting Disease); and

(d) the mother plants and in vitro cultures were tested and found to be free

from Abaca Mosaic Potyvirus (synonym: Strain of Sugarcane Mosaic Potyvirus), Maize Streak Geminivirus, Sugarcane Fiji Disease Fijivirus (synonym: Saccharum Virus 2), Sugarcane Chlorotic Streak Virus, Sugarcane Dwarf Virus, Sugarcane Ramu Stunt Virus (ramu Stunt Disease) Sugarcane Grassy Shoot Disease Phytoplasma (Grass shoot Disease), and Sugarcane White Leaf Disease Phytoplasma.

(4) For importation of seeds in accordance with paragraph (1) above, official

statement shall be made to the effect that- (a) both the mother plants and the seeds were tested and found to be free

from strains of Sugarcane mosaic Potyvirus, Peronosclerospora sacchari (T. Miyake) Shirai and K. Hara and Planococcus kenyae (Le Pelley);

(b) the seeds have been de-fussed by a procedure approved by the Director-

General; and

26

(c) subsequent to the de-fussing, the clean caryopses have been given a dry

dressing with a broad spectrum fungicide the name of which shall be given in the official statement.

(5) Any official statement or certificate referred in paragraphs (2), (3) and (4)

shall be issued by the National Plant Protection Organization in the country of production or export of the relevant regulated articles, within two weeks prior to the shipment of the regulated article, and each consignment shall be accompanied with a copy of the Plant Importation Permit, other certificates and official statements required and shall be addressed to the Chief Executive Officer of the Sugarcane Research Institute.

(6) Any imported planting material shall be grown under post–entry quarantine

conditions at a place approved by the Director-General with the concurrence of the Chief Executive Officer of the Sugarcane Research Institute of Sri Lanka.

(7) The minimum period of post-entry quarantine detention shall be two years (2). (8) The conditions to be observed during post-entry quarantine detention shall be

specified in writing by the Director-General.

43. (1) Upon receipt of an application for the importation under regulation 32 of any plant listed as GROUP A PLANTS set out in Schedule I, other than those mentioned under regulations 36 to 42, the Director-General shall instruct the authorised officers to recommend the adequate safeguards for the importation of such plants taking into consideration the pest risk associated with the plants.

(2) After receipt of the recommendations, the Director-General shall make a

decision on the acceptance of such recommendations and shall specify the necessary safeguards for the importation of GROUP A PLANTS referred to in paragraph (1) above.

(3) It shall be the duty of the importer to ensure the adherence to and fulfillment

of relevant safeguards during the importation and the post-entry quarantine detention of the material imported.

(4) If the importation of any plants of the family Palmae Juss. (Synonym: family

Arecaceae C.H. Schultz) other than plants of genera Areca L., Borassus L. Caryota L., Cocos L. and Elaeis Jacq. are to be permitted, the prior concurrence of the Chief Executive Officer of the Coconut Research Institute of Sri Lanka shall be obtained.

PART IV

CERTAIN PLANTS AND PLANT PRODUCTS ORIGINATING FROM

SPECIFIC COUNTRIES

44. Any Government Department, a Government Research Institute or a University who imports under a valid import permit any plant or plant product other than Hevea

27

Aubl. and tampico fibre of plant Agave lechuguilla Torr. originating from any country in Tropical America or states in South America or from any country in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn.) Arx (synonym: Dothidella ulei Henn.) is present shall import such plant in accordance with the provisions of regulations 45 to 54. However such importations shall not contravene the provisions of regulations 3, 4, 5, 6, 8 and 29.

(45)When an application is made for the import of any plant or plant product under regulation 44, liaison officer of the South American Leaf Blight Disease at the Rubber Research Institute of Sri Lanka shall be informed of the details of such importation by the applicant, and the application shall be submitted with the recommendation of such officer.

46.The consignment shall be treated, disinfected and be made free of any soil, soil constituents and other growing media except in the event of in vitro cultures in the country of origin in a manner specified by the Director-General.

47. The consignment shall be accompanied with a phytosanitary certificate issued by the National Plant Protection Organization of the country of origin to the effect that the requirements specified in regulation 46 have been fulfilled and that the consignment is free from Microcyclus ulei (P. Henn) Arx (synonym : Dothidella ulei Henn.) and other pests.

48. If any Government Department, a Government Research institute or a University imports under a valid import permit any plant specified in regulation 44 -

(a) as seeds, unrooted cuttings or rooted plants, such regulated articles shall be treated in a manner specified by the Direcor -General and shall be taken to an intermediate plant quarantine station approved for that purpose;

(b) as in vitro cultures, the consignment shall be taken to an intermediate plant quarantine station approved for that purpose and shall be incubated for a period specified by the Director-General.

49.The intermediate plant quarantine station referred to in regulation 48 shall be situated outside Asia and the Pacific Region, outside any country in Tropical America or outside any other country in which South American Leaf Blight (SALB) disease of rubber caused by Microcyclus ulei (P. Henn) Arx (synonym : Dothidella ulei Henn.) is present.

50. Any plant or plant product (except in vitro cultures) which has been kept in the intermediate plant quarantine station in accordance with regulation 48 shall be disinfected and made free of any soil, soil constituents and growing media in a manner specified by the Director-General, and shall be re-packed with new packing materials in new containers at the end of the period determined by the Director-General taking into consideration the pest risk associated with such plant or plant product.

51.The consignment shall be accompanied with a phytosanitary certificate for re-export issued by the National Plant Protection Organization of the country of the intermediate

28

plant quarantine station certifying that the requirements mentioned in regulations 48, 49 and 50 have been fulfilled and the plants are free from pests.

52. (1) At the port of entry, an authorised officer shall inspect the consignment and shall direct it to the quarantine.

(2) At the quarantine, the packaging and all packing material shall be destroyed and

the plants and the plant product shall be disinfected in a manner determined by the Director-General taking into consideration the pest risk associated with the plant.

53. Any plant imported under regulation 44 shall be grown in a post-entry quarantine detention facility approved for that purpose for a period determined by the Director-General taking into consideration the pest risk associated with the plant.

54.The release of plants imported under regulations 45–53 and grown under post-entry quarantine detention shall be subject to recommendations made by two authorised officers.

PART V

GROUP C1 AND C2 PLANTS

55. (1) Prior to issuing import permits to a Government Department, a Government Research Institute or a University referred to in paragraph (3) of regulation 5 for the importation of plants categorized as GROUP C1 and C2 PLANTS referred to in paragraphs (2) and (3) of regulation 5 set out in schedule III, the Director- General shall instruct a committee of experts who have needed expertise in the relevant field, to recommend necessary phytosanitary safeguards considering the pest risk associated with such plants.

(2) After deciding on phytosanitary safeguards recommended by the committee of

experts referred in paragraph (1) above, Director-General shall order three authorised officers to inspect and report on the facilities available with the relevant Government Department, Government Research Institute or University for the implementation such safeguards.

(3) If the Director-General is satisfied that the relevant Government Department,

Government Research Institute or University has the required facilities, he shall inform the relevant Government Department, Government Research Institute or University to sign a memorandum of understanding with him for implementation of a collaborative research programme with the Department of Agriculture.

29

(4)After the relevant Government Department, Government Research Institute or University has signed the necessary memorandum of understanding, the Diector-General shall issue the Plant Importation Permits for the importation of plants categorized as GROUP C1 and C2 PLANTS.

(5) It shall be the duty of the Head or the Chief Executive Officer of the relevant

Government Department, Government Research Institute or University to provide facilities required for the fulfillment of phytosanitary safeguards recommended for the importation of plants categorized as GROUP C1 and C2 PLANTS. (6) The Director-General and the respective Head or the Chief Executive Officer of the relevant Institute shall ensure the fulfillment of all safeguards during the period of the collaborative research programme referred to in paragraphs (3) and (4) above.

PART VI

PLANTS OF FAMILY PALMAE ORIGINATING FROM LOCALITIES WHERE GROUP E PESTS ARE PRESENT

56.(1) Importation of any plant of the family Palmae Juss. (Synonym: Family Arecaceae C.H. Schultz) originating from localities specified in regulation 8 shall be made only by the Chief Executive Officer of the Coconut Research Institute of Sri Lanka, subject to the fulfillment of the conditions given in this part and any other provisions specified under regulations relevant for importation of plants.

(2) The Director-General shall instruct the authorised officers to perform a pest risk analysis and recommend the adequate safeguards for each consignment prior to granting approval or permission for issuance of an import permit in respect of the importation of the consignments of plants mentioned in paragraph (1) above.

(3) The Director-General shall consider the recommendation of the authorised officers referred to in paragraph (2) above and decide on the adequate safeguards.

(4) A competent officer nominated in writing by the Chief Executive Officer of the

Coconut Research Institute of Sri Lanka shall personally supervise the collection of the material at the particular locality from where the importation has been permitted.

(3) A competent officer referred to in paragraph (4) above shall take adequate

steps in the country of origin to test the collected material for pests specified by the Director-General and certify that the material is free of such pests.

(6) The consignment shall be addressed to the Chief Executive Officer of the

Coconut Research Institute of Sri Lanka.

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(7) At the port of entry, an authorised officer shall inspect the consignment and shall direct it to another authorised officer stationed at an appropriate location determined by the Director-General.

(8) (a) The second authorised officer referred to in paragraph (7) shall also inspect

the consignment and take samples to test for pests specified by the Director-General. (b) The samples taken shall be sent by the second authorised officer referred to

in paragraph (7) above for testing at a suitable laboratory.

(9) Any plant imported under this regulation shall be kept under the supervision of

the second authorised officer referred to in paragraph (8) above at an appropriate location determined by the Director-General under suitable quarantine conditions until the reports on tests are completed.

(10) A team comprising of two authorised officers and two competent representatives of the Chief Executive Officer of the Coconut Research Institute of Sri Lanka shall examine the test reports and communicate their observations to the Director-General,without delay.

57.The written approval of the Director-General shall be obtained for the release of plants from the quarantine kept under paragraph (9) of regulation 56 for growing under post-entry quarantine detention.

58.Where any plant of family Palmae (synonym: family Arecaceae C.H. Schultz) is imported under regulation 56-

(a) it shall be grown inside an insect-proof Grade 1 screen house under

post-entry quarantine detention for a period determined by the Director-General; and

(b) the screen house mentioned in paragraph (a) above and its location shall

be approved by the Director-General with the concurrence of the Chief Executive Officer of the Coconut Research Institute of Sri Lanka, prior to importation of plants:

Provided however, if pollen is imported, it shall be used for experimentation only at a place approved by the Director-General with the concurrence of the Chief Executive Officer of the Coconut Research Institute of Sri Lanka.

PART VII

GROUP D PLANTS

59.(1) When importing into Sri Lanka plants and plant products categorized as GROUP D PLANTS set out in Part A of the schedule IV referred to in regulation 6, the Director-

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General or the authorised officer shall issue import permits only for the items referred to in Part B of Schedule IV, and only if the Director-General or the authorised officer is satisfied that the importer is capable of fulfilling the specific requirements given in the corresponding column of Part B of Schedule IV for such items.

(2) Notwithstanding the provisions referred to in paragraph (1) above, import

permits may be issued by the Director General or the authorized officer only with the prior written approval of the Director-General for importation of items other than those referred to in Part B of Schedule IV for the purpose of scientific research by a Government Department, or Government Research Institute engaged in scientific research under appropriate phytosanitary safeguards deemed necessary by the Director-General.

(3) Notwithstanding the provisions in the paragraph (1) above, import permits may

be issued by the Director General for importation under appropriate phytosanitary safeguards deemed necessary by the Director-General for the importation of items other than those mentioned in Part B of Schedule IV for the purpose of scientific research by a University engaged in scientific research on such material if such University has a collaborative research programme with the Department of Agriculture and if a memorandum of understanding for such a collaborative research programme is signed between the Director-General and the Head or Chief Execetive Officer of such University.

(4) The Director-General and the respective Head or the Chief Executive Officer

of the relevant Institution in paragraph (3) above shall ensure the fulfillment of all safeguards during the period of the collaborative research programme.

60. The Director-General or the authorized officer may specify one or more of the following requirements to be observed for permitting the importation of GROUP D PLANTS:-

(a) specific phytosanitary requirements; (b) facilities for the detection of pests; (c) screen houses of specific mesh size; (d) tissue culture laboratories; (e) facilities for post-entry quarantine detention (Governmental or private); (f) post-entry quarantine agreement; (g) isolated premises; (h) treatment facilitiesn available with the importer; (i) nurseries registered by the Director-General; (j) either Grade 1 or Grade 2 screen houses of which the specifications are

given in Schedule IX; and (k) other conditions and requirements deemed appropriate by the Director-

General. 61. (1)The Director-General may impose on the authorised officers certain requirements for testing samples of regulated article before deciding whether to release from quarantine such airticles listed as GROUP D PLANTS imported under a valid import permit.

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(2) The Director-General may instruct a committee of competent officers on the relevant subject to supervise the post-entry quarantine detention of GROUP D PLANTS imported under a valid import permit.

(3) The Director-General may impose specific conditions on the specific

generation of seeds or propagules would be released from the location where the GROUP D PLANTS imported under a valid import permit are grown under post-entry quarantine detention.

62. Entry into Sri Lanka and the release from the post-entry quarantine detention of imported GROUP D PLANTS shall depend on the certification by an authorised officer on the fulfillment of the specified requirements under regulation 60.

PART VIII

FRUITS

63. (1) A fruit import permits shall be issued for the import into Sri Lanka of fruits, fruit seeds with adhering pulp or fruits that are considered as vegetables. However, the provisions relating to the impot in to Sri Lanka of plants and plant products categorized as GROUPS A, B, C1, C2, D and E as set out in Schedules I to V to these regulations shall not be contravented.

(2) Import into Sri Lanka, with the intention of consumption, processing, propagation or any other purpose, of fruits, all seeds with adhering pulp or fruits considered as vegetables that are known to be hosts of pests specified by the Director-General including fruit flies of family Tephritidae, which are not known to occur in Sri Lanka from countries or localities where such fruit flies and such pests are known to occur shall be prohibited, and no import permit shall be issued for the import of such regulated articles if no effective treatment is available to destroy such fruit flies and such pests.

64. (1) Due to the presence of fruit flies of family Tephritidae and other pests damaging fruits in a particular country and the availability of effective treatments to destroy such damaging organisms within such country, the Director-General shall decide on what category of fruits produced in that particular country or in any province or in any area in that country shall be permitted or shall not be permitted to be imported into Sri Lanka. (2) No person shall import or bring into Sri Lanka fruits or fruits considered as vegetables produced in areas where any fruit flies of family Tephritidae specified by the Director-General are known to occur. (3) All fruits permitted to be imported into Sri Lanka shall have a phytosanitary certificate issued under the authority of the National Plant Protection Organization of the country where such fruits are produced stating that the area of production up to the point of

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transfer to the ship of such fruits are free of fruit flies of family Tephritidae and other pests specified by the Director-General. (4) When it cannot be certified that the fruits are produced in an area referred to in paragraph (3) above, fruits imported into Sri Lanka shall have a phytosanitary certificate issued under the authority of the National Plant Protection Organization of the country where such fruits are produced stating that such fruits have been treated within the country of production in a manner acceptable to the Director-General to destroy such fruit flies of family Tephritidae and other pests. (5) If cold treatment is applied for a specified duration to destroy fruit flies of family Tephritidae and other pests, for fruits transported via seafreight, instead of treating the fruits as in the paragraph (4) above, evidence to the satisfaction of the authorized officer shall be submitted by the importer to prove that the cold treatment has been applied to fruits for the specified time period in the ship during its voyage. (6) The Director-General may impose certain restrictions on the shipping pathway from the country of production of such fruits upto Sri Lanka and on nature of packaging of such fruits.

65. (1) All fruits imported into Sri Lanka shall be sent directly from the country of production to Sri Lanka and shall be accompanied with a phytosanitary certificate issued under the authority of the National Plant Protection Organization of the country of production of such fruits.

(2) All fruits imported into Sri Lanka shall be subjected to quarantine until an

authorized officer shall inspect them and decide on the possibility of their release.

66. (1) An authorised officer shall take samples from consignments of fruits subjected to quarantine under paragraph (2) of regulation 65 in a manner specified by the Director-General for investigation and determination on possible pest infection.

(2) The authorized officer shall take immediate steps to submit the samples of

fruits obtained according to paragraph (1) above to one or more scientist nominated by the Director-General for examination and testing.

67. No authorised officer shall release the fruits imported or brought into Sri Lanka from quarantine unless he is satisfied that all stipulated conditions of entry specified in the Fruit Import Permit and relevant regulations have been fulfilled and that such consignment is free of quarantine pests.

68. (1) Any importation or bringing of fruits not conforming to the quarantine

requirements specified for the import into Sri Lanka of fruits may be returned to the country of origin or destroyed on the orders of the authorized officer, and all the

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expenses incurred for such action shall be be borne by the person who imported or brought such fruits.

(2) If an importer of fruits willfully violates or refuses to comply with the conditions imposed for the import of fruits, the Director-General shall suspend the use of any Fruit Importation Permits already issued on his behalf and thereafter shall not issue any new Fruit Importation Permit to such importer.

PART IX

VEGETABLES

69. (1) The Director-General may allow the import into Sri Lanka of vegetables for consumption or for processing as specified under vegetables given in “GROUP B MATERIAL” set out in Schedule II on special conditions deemed appropriate.

(2) The Director-General may instruct a committee of experts who have the needed expertise in the relevant field, to advice on the special conditions referred to in paragraph (1) above necessary for importation of vegetables. (3) Any person who intends to import vegetables into Sri Lanka shall submit a detailed report regarding the importance, the benefit and absence of pest risk of such importation, when making an application for a Vegetable Importation Permit in accordance with the Form 5 of Schedule VI. (4) The Director-General shall not authorise the import of vegetables into Sri Lanka unless he is satisfied that the importer has the capability of preventing the introduction of quarantine pests in the consignment to be imported.

(5) If any plant falling within categories of GROUPS A, C1, C2, D and E set out in Schedules I, III, IV and V of these regulations or if part of such plant can be used as a vegetable, no import permit shall be issued for the importation of such vegetables.

(6) Import into Sri Lanka, for consumption, processing or any other purpose, of

vegetables that are known to be hosts of fruit flies of family Tephritidae, that are not known to occur in Sri Lanka from countries or localities where such fruit flies are known to occur shall be prohibited, and no import permits shall be issued for the import of such vegetables.

PART X

GROUP OF ORGANISMS 70. (1) The Director-General, after having consulted a committee of experts who

have needed expertise in the relevant field, shall determine the granting of permission to import into Sri Lanka for the scientific research purposes the organisms of agricultural importance, categorized as “GROUP F ORGANISMS” set out in Schedule VII.

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(2) Importation of organisms of agricultural importance categorized as “GROUP F ORGANISMS” set out in Schedule VII shall be done by an officer of a Government Department, Government Research Institute or a university engaged in scientific studies or by any person who, in the opinion of the Director-General, shows to the satisfaction of such Director-General that such person has the capability to adhere to the phytosanitary safeguards to be imposed to alleviate any pest risk, and under adequate safeguards specified by the Director-General.

(3) An application to obtain an Organism Importation Permit shall be submitted

in accordance with Form 4A of Schedule VI, and the applicant shall also submit the information required as given in Form 4B of Schedule VI hereto.

(4) Any person who intends to import into Sri Lanka organisms categorized as “GROUP F ORGANISMS” set out in Schedule VII hereto shall submit a detailed report regarding the agricultural, environmental and socio-economical importance and benefits of such importations, when making the application for an Organism Importation Permit.

(5) When a person applies to import the organism specified in paragraph (4)

above, the Director-General may issue the Organism Importation Permit, only if the Director-General is satisfied that, -

(i) such importation is necessary;

(ii) the importer is able to adhere to all the conditions that will be

specified in the permit;

(iii) the importer has facilities for post-entry quarantine detention of the organisms to be imported; and

(iv) the importer has obtained permission for such importation from the

relevant authorities under the Fauna and Flora Protection Ordinance

(v) (Chapter 469) and Animal Diseases Act, No. 59 of 1992 and any other relevant Act.

(6) It shall be the duty of the applicant for an Organism Importation Permit to

show proof to the satisfaction of the Director-General that the required approvals under the Fauna and Flora Protection Ordinance (Chapter 469) and Animal Diseases Act, No.59 of 1992 and any other relevant Act have been obtained for any importation under this regulation.

71. All GROUP F ORGANISMS set out in Schedule VII shall be securely packaged to prevent spillage in transit when importing in to Sri Lanka. Every package or parcel containing the organisms shall bear, in addition to what is required by regulation 16, information on :- (a) the stage of development of the organisms;

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(b) the sex ratio of the organisms in the consignment, if applicable; and (c) any other requirement specified by the Director-General.

PART XI

GENETICALLY MODIFIED ORGANISMS OR LIVING MODIFIED ORGANISMS

72. The Director-General after consulting experts on the relevant subject may grant

permission, on a case by case basis, to import into Sri Lanka Genetically Modified Organisms or Living Modified Organisms.

73. It shall be the duty of the applicant who intends to import Genetically Modified

Organisms or Living Modified Organisms to submit the application with proof in writing that he has already obtained the bio-safety clearance from the relevant Government Authorities.

74. (1) Before the issuance of any permit to import into Sri Lanka the Genetically

Modified Organisms or Living Modified Organisms, the Director General shall instruct authorised officers to inspect and report on the suitability of the facilities available for the containment of the organism to be imported.

(2) It shall be the duty of the person who intends to import Genetically Modified

Organisms or Living Modified Organisms to show to the Director-General evidence of the availability of required facilities.

75. The Director-General may grant permission to import any Genetically Modified

Organisms or Living Modified Organisms only if he is satisfied that the importer has suitable facilities for the containment of organism imported.

PART XII

SOIL, SAND AND OTHER SOIL CONSTITUENTS, COMPOST, ORGANIC MANURE AND FOREST LITTER

76. (1) The Director-General shall issue a Soil Importation Permit to import into Sri Lanka soil, sand other soil constituents, compost, organic manure or forest litter, only if :-

(i) such importation is for scientific analysis in a laboratory of a Government Department or a Government Research Institute or a University; and

(ii) all facilities for the proper disposal of the imported material are available in that laboratory.

(2) The Director General shall not issue Soil Importation Permit under paragraph (1) above to import into Sri Lanka any compost or organic manure that includes constituents of animal origin if the Director General of Animal Production and Health expresses that

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there is a possibility of introducing therewith any animal disease set out in the First Schedule to the Animal Diseases Act. No. 59 of 1992. (3) The Director General may consider the issuance of Soil Importation Permit for the import of a small quantity of sand by any party other than those mentioned in paragraph (1) above, if the Director General is satisfied that such importation is of national importance and does not introduce into Sri Lanka any quarantine pest, and the Director General shall determine the quantity permitted to be imported.

77. (1) The application for a Soil Importation Permit prepared according to the format given in Form 3 in Schedule VI shall be made through the Head of the relevant Government Department or the Chief Executive Officer of the relevant Government Research Institute or the University and with his specific recommendation, as the case may be.

(2) If any party requests for a Soil Importation Permit to import sand under

paragraph 3 of regulation 76 above, the applicant shall submit along with the application, a detailed report regarding the importance and benefits of such importation, and the recommendation with justification done by the secretary of the relevant line ministry.

(3) The Soil Importation Permit shall be issued only to the Head of the relevant

Government Department or to the Chief Executive Officer of the relevant Government Research Institute or the University or to the Chief Executive Officer of the party concerned.

78. Upon receipt of an application for a Soil Importation Permit, the authorised

officer shall in consultation with the Director-General process the application. 79. The Director-General shall instruct a committee of three competent officers of

the Department of Agriculture to inspect and report on the facilities available with the importer that are necessary for fulfillment of relevant safeguards to be taken during importation.

80. After examining the facilities available with the importer, the competent

officers shall submit their observations to the Director-General. 81. The Director-General on being satisfied of the facilities available with the

importer may issue the Soil Importation Permit stipulating the conditions for the importation.

PART XIII POST - ENTRY QUARANTINE AGREEMENT

82. Before importing the plants required to be grown under post-entry quarantine

detention as decided by the Director-General, the importer on payment of a fee specified in regulation 164, shall sign a post-entry quarantine agreement, renewable annually with the

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Director-General including the following conditions and any other conditions that the Director-General considers appropriate :-

(1) to grow or keep such plants or any sapling therefrom only in a premises

specified and approved by the Director-General for that purpose; (2) to keep every such plant and any sapling therefrom identified with a label

showing the scientific name of the plant, port accession number and date of importation;

(3) to keep such plant and any sapling therefrom separated from any domestic plant of the same genus and from any other imported plants;

(4) to keep such plant and any sapling therefrom separated from any other crop

plants when an authorised officer has sufficient proof to determine that there is a risk of infestation of such crop plants by a quarantine pest;

(5) to notify the Director-General, if any abnormality to such plants or any pest attacking such plants are found, or if such plants or any increases therefrom perish;

(6) to take remedial measures including destruction determined by an authorised

officer in order to prevent any infestation and the spread of any pest;

(6) not to undertake destruction without the authority of the Director-General or an authorised officer of any plant kept in post-entry quarantine detention which is suspected to be infested by pests or showing any abnormalities;

(8.) before the end of the post-entry quarantine detention period, to request the

authorised officers for determination of the suitability of the release of plants from post-entry quarantine detention; and

(9.) to comply with any conditions specified in the

(10.) International Standards for Phytosanitary Measures approved by the International Plant protection Convention.

83. The application for a Plant Importation Permit for plants required to be grown under post-entry quarantine detention shall contain the details of the post-entry quarantine agreement.

84. The Director-General or an authorised officer shall not authorise the entry into Sri Lanka of any plant required to be grown under post-entry quarantine detention, unless he is satisfied that the importer has signed a post-entry quarantine agreement referred to in regulation 82.

85. Upon a request made by the importer under paragraph (8) of regulation 82, the

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Director-General shall, without undue delay, assign an authorised officer to inspect the plants held in post-entry quarantine detention and to make recommendations on the suitability for the release of such plants from post-entry quarantine detention.

86. If the importer violates, fails, neglects or refuses to comply with the conditions imposed on him by the post-entry quarantine agreement, the Director-General shall cancel the import permit already issued on behalf of such importer, and thereafter, the Director-General or authorized officer shall not issue any Plant Importation Permit to such importer.

87. No person shall remove any plant from post-entry quarantine detention without obtaining written approval from the Director-General or from an authorised officer:

Provided however, this regulation shall not apply to the Director-General or any authorised officer when removing such plants for testing to confirm the presence of pests.

PART XIV

QUARANTINE PESTS

88. If a person discovers an unidentified pest in Sri Lanka, he shall forthwith

report the presence of such pest to the Director-General or to an authorised officer.

89. On receiving the information stated in regulation 88, the Director-General shall take appropriate steps to establish the identity and nature of the particular pest.

90. If after investigation the Director-General determines that the pest referred to in regulation 89 is a quarantine pest, he shall immediately order to take action to eradicate or control such pest.

91. The Director-General shall order the authorised officers to survey and demarcate the areas where the quarantine pest determined according to regulation 90 is found in Sri Lanka.

92. (1) The Director-General shall take suitable steps to inform the public regarding the presence of a quarantine pest and the measures to eradicate or control such pest.

(2) It shall be the duty of every person to co-operate with the Director-General in the eradication or the control of such quarantine pest.

93. If an authorised officer detects a quarantine pest in a consignment of imported regulated articles, he shall forthwith report the finding in writing to the Director-General.

94. The Authorised Officer shall immediately order the reshipment to the country of origin or the destruction of the consignment of regulated articles together with the

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packaging and the packing material containing the quarantine pest detected as mentioned in regulation 93 above at the expense of the importer or owner in order to prevent its growth or spread.

(2) Where the order has been given to re-export the regulated articles to the supplier at the place of origin, provisions specified under paragraph (13) of regulation 24 shall apply and the importer, without undue delay, shall make all arrangements to re-export the regulated articles.

95. (1) When an application is received to obtain an import permit for the importation of a quarantine pest or pests or plant or plant products infested with such pests for scientific research under subsections (6) and (7) of section 7 of the Act, the authorised officer shall immediately inform it in writing to the Director-General.

(2) After receiving the information mentioned in paragraph (1) above, without undue delay, Director-General shall order three authorised officers to inspect and report within a specified period regarding the facilities available with the relevant Government Department or the relevant public corporation for the quarantine and containment of such quarantine pest or pests.

(3) It shall be the duty of the Head of the relevant Government Department or the Chief Executive Officer of the relevant public corporation to show evidence for the availability of facilities with such Government Department or such public corporation for the quarantine and containment of such quarantine pest or pests.

(4) The said three authorised officers shall submit in writing their observations within the specified period to the Director-General.

(5) If the Director-General is satisfied that the relevant Government Department or the relevant public corporation has facilities for quarantine and containment of such quarantine pest or pests under proper safeguards, the Director-General shall inform the Head of the relevant Government Department or the Chief Executive Officer of the relevant public corporation to sign with him a memorandum of understanding to carry out with the Department of Agriculture a combined scientific research programme.

(6) After the Head of the relevant Government Department or the Chief Executive Officer of the relevant public corporation has signed such memorandum of understanding, the Director-General may issue an Organism Importation Permit for the import of such quarantine pest or quarantine pests or plants or plant products infested with such quarantine pest or pests stipulating relevant safeguards for the quarantine and containment of such quarantine pests.

(7) During the issue of the Organism Importation Permit mentioned in paragraph (6) above, the Director-General shall issue a specific label to be stuck on to the package for identification of the consignment of regulated article containing the relevant quarantine pest or pests to be imported.

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(8) It shall be the duty of the Head of the relevant Government Department or the Chief Executive Officer of the relevant public corporation to comply or cause to be complied with the conditions stipulated by the Director-General under the subsections (6) and (7) of section 7 of the Act.

96. (1) The consignment of regulated articles containing the relevant quarantine pest or pests shall accompany the relevant Organism Importation permit, the certificates and official statements issued under the authority of the National Plant Protection Organization of the country of export within three (03) days prior to the shipment of the relevant regulated article, shall have stuck on to outside of the package the specific label issued by the Director-General to the importer and shall be sent addressed to the Head of the relevant government department or the Chief Executive Officer of the relevant public corporation.

(2) At the port of entry, two authorised officers shall inspect the consignment of regulated articles containing the relevant quarantine pest or quarantine pests.

(3) (a) If the two authorised officers are not satisfied about the fulfillment of conditions stipulated for the import of the consignment of regulated article

with the relevant quarantine pest or pests, they shall order the destruction by incineration of such consignment

(b) If the two authorised officers are satisfied about the fulfillment of conditions stipulated for the import of the consignment of regulated article with the relevant quarantine pest or pests, they may give the plant quarantine clearance for release of the consignement from the port of entry.

(4)The consignment of the regulated articles containing the relevant quarantine pest or pests shall be taken to the premises where the facilities are available for purposes of research at the relevant Government Department or the relevant public corporation under the supervision of two authorized officers named for that purpose by the Director-General.

(5)At the premises mentioned in the paragraph (4) above, all packaging and packing material used during the import of the consignment of the regulated articles containing the relevant quarantine pest or pests shall be destroyed by incineration under the supervision of the two authorised officers.

(6) The authorised officers mentioned in paragraphs (2), (3), ( 4) and (5) above shall submit to the Director-General report of the actions taken with regard to the consignment of the regulated articles containing the relevant quarantine pest or quarantine pests.

(7)It shall be the duty of all officers involved in the scientific research programme to take all required steps to prevent the spread of the imported quarantine pest of pests out of the premises of the relevant Government Department or the relevant public corporation where the research programme is carried out.

(8)It shall be the duty of the Head of the relevant Government Department or the Chief Executive Officer of the relevant public corporation to submit monthly reports on the relevant research programme to the Director-General.

(9)At the end of the relevant research programme, the relevant quarantine pest or pests or

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plants or plant products infested with such pests shall be destroyed as advised by the Director-General.

(10)It shall be the duty of all officers involved in such research programme to submit a detailed reports of the programme and on the destruction of the relevant quarantine pest or pests or plants or plant products infested with such pests to the Director-General through the Head of the relevant Government Department or the Chief Executive Officer of the relevant public corporation, at the end of the relevant research programme.

97. (1) Any person, who is of the view that a particular pest present in or

outside Sri Lanka should be considered as a quarantine pest, may in writing request the Director-General to do a study on the pest and provide the information available to such person.

(2) When the Director-General receives such a information, he shall place the name

of the particular pest in a provisional list and shall instruct the authorised officers to do a risk analysis and report to determine whether the particular pest shall be considered as a quarantine pest.

(3) The Director-General, after evaluaing the report obtained according to

paragraph (2) above and being satisfied that the particular pest could be considered as a quarantine pest, shall request the Minister to declare such pest as a quarantine pest in accordance with the Act.

PART XV REGULATED PESTS

98. (1) The Director General may from time to time, declare pests that are found

in Sri Lanka and are not quarantine pests but cause by economic and environmental loss and therefore require control as “regulated non-quarantine pests”.

(2) Both the regulated non-quarantine pests refered to in paragraph (1) above and

the quarantine pests declared by the Minister in accordance with the Section 7 of the Act shall be considered as “Regulated Pests”, and the Director-General shall apply the provisions of the following regulations 101 to 116 and any other appropriate actions to control such regulated pests.

99. The provisions of regulations 101 to 116 shall also apply to any pest that the Director-General decides to control or eradicate according to Section 4 of this Act.

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100. Where the Director-General considers it appropriate, the provisions of regulations 101 to 116 shall be applicable to any eradication or control programmes of any pest specified in regulation 90 and 93.

101. When the Director-General is satisfied that any regulated pest is present in

any premises, he shall, by publishing in the Gazette, declare the premises or the relevant Divisional Secretary’s administrative area or any part thereof in which the said premises are situated, and such adjoining Divisional Secretary’s administrative areas he may consider necessary, as an Infested Area.

102. The owner or occupier of any premises, in or upon which any regulated pest is present, shall forthwith report the presence of such regulated pest to the Director-General or to the auyhorised officer appointed by the Director-General either directly or through the relevant Divisional Secretary.

103. It shall be lawful for the Director-General or for any authorised officer to enter at all reasonable times any premises whatsoever within an infested area declared by the Director-General to determine whether the relevant regulated pest is present therein.

104. It shall be the duty of the owner or occupier of the premises to provide all

reasonable facilities necessary to the Director-General or to any authorised officer upon being requested to do so to inspect and examine such premises suspected to harbour a regulated pest or regulated pests.

105. It shall be lawful for the Director-General or any authorised officer to remove

any plant or any material suspected to be infested by any pest for the purpose of further examination, inspection and testing.

106. Any plant or part of a plant or soil attacked by or liable to be attacked by the regulated pest in an infested area, or the regulated pest itself shall not be removed by any person other than an authorised officer from any place within such infested area declared according to regulation 101, unless permitted by the Director-General under a permit in writing. Any person removing or receiving such plants or such regulated pest shall be guilty of an offence under the Act.

107. Whenever appropriate, the Director-General or the authorised officer shall

eradicate or control a pest in terms of the provisions of sections 4 to 6 of the Act.

108. (1) The Director-General or the authorised officer may issue a notice in writing to the owner or occupier of the premises where a regulated pest is reported to occur with specific instructions as to the manner of treating, controlling or eradicating such pest.

(2) The notice referred to in paragraph (1) above of this regulation shall be served

in duplicate in accordance with the format given in Form 6 of Schedule VI hereto.

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(3) Every person to whom a notice is served under paragraph (1) above, shall, unless he appeals against such notice in accordance with Section 9 of the Act, comply with such notice within the time specified therein.

109. A notice referred to in regulation 108 shall be deemed to be served on any

person if it is delivered to him personally or sent under registered post addressed to him at his last known place of abode or business. If such communication cannot be so served, or if there be no known owner or occupier, it may be displayed at some conspicuous part of the premises where the pest is found. It shall not be necessary in any such written notice to name the owner or occupier, and a notice purporting to be signed by the Director-General or the authorised officer shall be prima facie evidence that it was signed by him.

110. If the owner or occupier fails, neglects or refuses to comply with the

requirements of the notice issued by the Director-General or an authorised officer, the Director-General or an authorised officer may enter upon the premises and spray a recommended pesticide or otherwise treat or destroy the pest or the plants and plant products infested with the pest.

111. The owner or occupier on whom a notice was served under regulation 108 shall reimburse the expenses incurred by the Director-General or the authorized officer when acting under the provisions of regulation 110.

112. After having served the notice to reimburse the expenses under regulation 111, if the person concerned fails to reimburse such expenses within a reasonable time, the recovery of such expenses shall be made in accordance with the provisions made in subsection (4) of section 6 of the Act.

113. The procedures adopted for the recovery of expenses incurred by the Director-

General shall not relieve the owner or occupier from any prosecution under section 6 of the Act.

114. If there is an outbreak of a pest within Sri Lanka or a pest epidemic, the Director-General shall take appropriate action to control the same and to prevent its further spread.

115. The Director-General may, where he considers necessary, request any local authority, farmer association, local agricultural council, private enterprise or any other relevant institute, group or organization to assist in the control programmes of pest epidemics or pest outbreaks.

116. Upon written request made by the Director-General, it shall be the duty of all

concerned to assist the Director-General in the control of such pest epidemics or pest outbreaks.

117. Where the Director-General has been informed and he is satisfied that a particular plant species or variety grown in a plant nursery would contribute to the spread of a pest destroying the economically important crops grown within close proximity of such plant nursery, he shall in writing order the owner or person in charge of such nursery to destroy such plants and not to grow such plants.

118. (1) Any authorised officer may:-

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(i) inspect any plant nursery of any person who grows plants for sale; and

(ii) serve a notice to the owner or person in charge of such nursery to treat

or destroy any pest-infested plant found in such nursery to prevent the spread of such pests.

(2)The notice referred to in paragraph (1) shall be served in duplicate and according to the format given in Form 6 of Schedule VI hereto.

(3) Every owner or person in charge of such nursery on whom a notice is served under the paragraph (1) of this regulation shall comply with such notice within the time specified therein, unless he appeals to the Secretary of the Ministry against such notice in accordance with the provisions of the Act.

119. It shall be the duty of the owner or person in charge of the nursery to allow

the authorised officer to inspect the nursery at all reasonable times and to supply all reasonable facilities upon being requested to do so.

PART XVI PHYTOSANITARY CERTIFICATE

120. The Director-General, from time to time, shall inform the public the name, designation and official address of any authorised officer empowered to issue phytosanitary certificates to cover the regulated articles exported from Sri Lanka.

121. (1) No person shall export any regulated article or articles without a Phytosanitary certificate or certificates issued by the Director General or an authorized officer if the National Plant Protection Organization of the country of destination requires such a certificate.

(2) Director General may, from time to time, declare regulated articles to

be exported, other than those mentioned in paragraph (1) above, that require mandatory Phytosanitary certificate.

(3) On a request made by an exporter in respect of a consignment of regulated articles to be exported to a foreign country, the Director-General or an authorised officer -

(a) may issue a phytosanitary certificate on being satisfied that such

consignment is substantially free from pests and conforms to the plant quarantine laws of the importing country; or

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(b) may refuse to issue a phytosanitary certificate, if he is not satisfied that such consignment of regulated articles is free from pests; or

(c) as a pre-requisite for the issue of such phytosanitary certificate, may

require any treatment to be carried out or any other appropriate action to be taken upon the success of such treatment and action.

122. The authorised officer may inspect the regulated article offered for

phytosanitary certification either in situ or at any plant quarantine station or at the port of export and may carry out investigations and tests necessary to determine whether such regulated articles are free of certain specific pests.

123. Whenever the Director-General or an authorised officer recommends any treatment or cleaning or any other appropriate action to be administered on any regulated article offered for phytosanitary certification, it shall be the duty of the owner or the exporter to carry out or cause to be carried out any such treatment or such cleaning or such appropriate action.

124. (1) The Director-General or the authorised officer shall refuse to issue a

phytosanitary certificate if the consignment contains any regulated artcle prohibited to be exported in terms of the Fauna and Flora Protection Ordinance (Chapter 469) or any other law, unless the permission from the relevant authorities have been obtained for such export.

(2) When applying for a phytosanitary certificate, it is the duty of the exporter of

the regulated article to show to the satisfaction of the Director-General or the authorized officer that he has obtained the relevant permission from the relevant authorities to export the regulated article.

125. (1) Any application for a phytosanitary certificate shall be made to the Director-General or to an authorised officer in such form and manner, giving such information as he may require.

(2) Director-General or authorised officer shall not issue a phytosanitary certificate on behalf of a particular consignment of regulated articles unless the exporter of such consignment of regulated articles shows sufficient evidence for tracing the place where such regulated articles were produced.

(3) It is the duty of the exporter of a consignment of regulated articles to show

to the satisfaction of the Director-General or authorised officer evidence for the verification and tracing the place where such consignment of regulated articles were produced.

126. The exporter shall pay the fees set out in Schedule VIII for inspection and testing, for any treatment done by the authorized officer and for issuance of the phytosanitary certificate.

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127. (1) No person other than the Director-General or an authorised officer as referred to in regulation 120 shall issue a phytosanitary certificate in respect of any consignment of regulated articles to be exported from Sri Lanka.

(2) No person other than the Director-General or an authorised officer shall make any alterations, erasures or additions to the contents in a phytosanitary certificate issued by the Director-General or an authorised officer, and doing such actions without authority is an offense under the Penal Code.

(3) If the Director-General or an authorised officer makes any alterations,

additions or erasures on the contents of a phytosanitary certificate already issued by him, he shall certify such changes by placing his signature and the official seal.

PART XVII

WOOD PACKAGING MATERIAL

128. The following regulations from129 to150 shall cover the wood packaging material specified in Schedule X, which includes pallets, dunnage, crating, packing blocks, drums, cases, load boards, pallet collars, skids and any other material made of raw wood that pests can be associated with.

129. The Director-General may, from time to time, amend, alter and change the list of wood packaging material specified in Schedule X if he has evidence to accept that such wood packaging material could be associated with pests.

130. All wood packaging material imported into Sri Lanka must preferably be made of debarked wood. Where there are clearly distinct small pieces of bark remaining, it must be either less than 3cm in width regardless of the length or greater than 3cm in width; the total surface area of a single piece of bark shall be less than 50 square cm.

131. All wood packaging material imported into Sri Lanka shall be subjected to a treatment acceptable to the Director-General in conformity with the International Standard for Phytosanitary Measures No.15.

132. All wood packaging material imported into Sri Lanka shall display a mark to

prove compliance with the International Standards for Phytosanitary Measures No. 15. 133. The mark mentioned in regulation 132 shall be –

(a) according to the model given in the International Standards for Phytosanitary Measures No. 15;

(b) clear, legible and of a suitable colour except red or orange;

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(c) spray painted, rubber stamped or done in any other practical method acceptable to the Director-General;

(d) permanent and not transferable; and

(e) placed in a visible location, preferably on at least two opposite

sides of the article being marked. 134. The mark mentioned in regulation 132 above shall be applied according to the

layout indicated in Annex 2 of the International Standards for Phytosanitary Measures No. 15, and it shall have the following:-

(a) symbol of the International Plant Protection Convention; (b) the two-letter country code assigned by the International Organization

for Standards (ISO);

(c) the code assigned by the National Plant Protection Organization of the country export or production of the wood packaing material to the producer of the wood packaging material or treatment provider who applies the marks; and

(d) the abbreviation for the treatment applied as provided in Annex 1 of the

International Standards for Phytosanitary Measures No. 15. 135. Upon arrival at the port of entry of cargo of all commodities accompanied

with wood packaging material, the importer of such cargo shall apply to an authorised officer for inspection and clearance of such wood packaging material.

136. If the authorised officer is satisfied that the imported wood packaging material

conforms with regulations 130-134 and no live quarantine pest or pests are found associated with such wood packaging material, he shall give a plant quarantine clearance for such wood packaging material.

137. (1) If the imported wood packaging material does not have the mark mentioned

in regulations 132 and 133 the commodity with such non-compliant wood packaging material shall be put under Customs hold with the supervision of authorized officers.

(2)If the main commodity put on hold according to paragraph (1) above is not affected by any of the treatments specified in the International Standard for Phytosanitary Measures No. 15 the cargo shall be treated with the most appropriate treatment acceptable to

the Director-General under the supervision of an authorised officer and, thereafter plant quarantine clearance may be given if the authorised officer is satisfied about the success of such treatment and if other entry conditions specified for the import of the cargo have been already fulfilled.

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(4) (3) If the main commodity put on hold according to paragraph (1) above can be affected by subjecting to treatments, the imported wood packaging material shall be stripped off and treated or destroyed, and plant quarantine clearance may be given to the main commodity if other entry conditions specified have been already fulfilled.

(5) (4)All non-compliant wood packaging material mentioned in paragraph (1)

above shall be treated or destroyed in a manner specified by the Director-General, and all the expenses for such reatment or destruction shall be borne by the importer.

138. If live quarantine pest or pests are found associated with the imported wood

packaging material and if the main commodity associated with such wood packaging material is not affected by subjecting to a treatment specified by the Director-General, the entire consignment shall be subjected to such treatment at the expense of the importer under the supervision of an authorised officer; or on the other hand, if the main commodity associated with such wood packaging material can be affected by subjecting it to treatment, the entire consignment shall be returned without undue delay to the sender or to the country of origin at the expense of the importer.

139. If the application of the treatments referred to in regulations 137 and 138

requires movement of the consignment from the port of entry to any premises within the country, the consignment shall be moved in a closed container to ensure that any associated pests are not allowed to escape.

140. All wood packaging material exported from Sri Lanka must be free of bark

and any other material specified by the Director-General. 141. All wood packaging material exported from Sri Lanka shall be subjected to a

treatment acceptable to the Director-General, in conformity with the International Standards for Phytosanitary Measures No.15.

142. All wood packaging material exported from Sri Lanka shall display a mark

conforming to the model given in Schedule X, to prove compliance with the International Standards for Phytosanitary Measures No. 15.

143. The mark referred to in regulation 142 above shall be - (a) Stamped conforming to the model set out in Schedule X; (b) Clear, legible and of suitable colour except red or orange; (c) Spray painted, rubber stamped or done in any other practical method acceptable

to the National Plant Protection Organization of the country of destination; (d) Permanent and not transferable; and (e) Placed in a visible location, preferably on at least two opposite sides of the

article being marked. 144. The treatments mentioned in regulation 141 shall be done only by a treatment

provider approved and registered for that purpose by the Director-General.

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145. (1) Marking of the wood packaging material shall be done only by a producer of

the wood packaging material or the treatment provider approved and registered for that purpose by the Director-General.

(2) Any person who places the mark referred to in regulation 142 without

proper approval and registration under regulation 147 hereto shall be guilty of an offence under the Act.

146. Any person, who with the approval of an authorized officer places the relevant

mark on the date of implementation of these regulations, shall register by applying for registration according to the regulation 147 as a person seeking registration for the first time within six months from the date of implementation of these regulations.

147. (1) The Director-General may nominate an authorised officer for granting

approval and registering of persons for the effective implementation of provisions in the International Standard for Phytosanitary Measures No. 15.

(2) Any person who seeks to get the approval for providing the required

treatment and placing the mark mentioned in regulation 142 and 143 on the wood packaging material shall submit an application to the Director-General made according to the specific application form obtainable from the authorized officer referred to in paragraph (1) above with evidence for the payment of the payment of the fee prescribed in Schedule VIII hereto.

(3) After the receipt of the application referred to in paragraph (1) above and

the payment of the fee, the Director-General shall instruct a committee of authorised officers to inspect and evaluate the facilities available with the applicant for effective implementation of the provisions in the International Standard for Phytosanitary Measures No. 15 and report to him.

(4) The Director-General may, from time to time, issue instructions pertaining to the procedure that will be adopted for granting the approval and registration for implementation of provisions in the International Standards for Phytosanitary Measures No. 15.

(5) After the receipt of the report referred to in paragraph (3) above, if the Director-General is satisfied that the applicant has the capability for the implementation of provisions of the International Standards for Phytosanitary Measures No. 15, the Director-General shall inform the applicant to pay the fee for registration as mentioned in Schedule VIII.

(6) After the applicant has paid the fee for registration, the Director-General

shall register the applicant by issuing a certificate and giving the relevant code and the official mark assigned to such applicant.

(7) The certificate of approval and the registration referred to in paragraph (6) above shall be valid only for an year, and three months before its expiry, upon submission by the relevant person of an application made according to the specific form and payment of

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the fee prescribed in Schedule VIII, also giving consideration to what is mentioned in regulation 152 hereto, the registration given to such person may be extended for the next year by issuing a certificate of approval.

(8) The Director-General shall, from time to time, publish a list containing the names and addresses of persons approved and registered to use the official mark including the code assigned to each of them, period of validity of the registration and the approved treatment.

148. (1) The official mark referred to in paragraph (6) of regulation 147 shall be the

property of the Director-General.

(2) It is the duty of the person who is issued with the official mark to properly use it for the effective implementation of provisions in the International Standard for Phytosanitary Measures No. 15.

149. (1) It is the duty of the person who is issued with the official mark to

continuously keep records on -

(a) the number of wood packaging material treated and marked; (b) kind of treatment applied; (c) country of destination of the wood packaging material;

(d) the exporter who used the wood packaging material; and (e) any other relevant information deemed necessary by the Director

General.

(2) It is the duty of the person who is issued with the official mark to submit a report on a monthly basis giving details referred to in paragraph (1), above to the authorised officer referred to in paragraph (1) of regulation 147.

150. (1) The authorised officer referred to in paragraph (1) of regulation 147 shall assess and audit once or twice a year the listed persons as referred to in paragraphs (6) and (8) of regulation 147 for their capability of effective implementation of the provisions of the International Standards for Phytosanitary Measures No. 15.

(2)The Director-General may nominate a committee of competent persons on the relevant subject to assist the authorised officer referred to in paragraph (1) of regulation 147, to conduct the assessment and auditing referred to in paragraph (1) above.

(3)The assessment and auditing referred to in paragraph (1) above shall include documentary checks, physical inspection of the site where treatment is done,

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delivery controls of the material, storage yard and other inspections deemed necessary by the Director-General.

(4) It is the duty of the person concerned to give all required assistance and all reasonable facilities to the authorised officers and their assistants during the assessment and auditing referred to in paragraph (1) above.

(5)After the relevant assessment and auditing, the authorised officer shall submit a report to the Director-General.

151. (1) The Director-General shall, after conducting a proper investigation and

confirming that the person concerned is responsible for such matters withdraw the approval and cancel the registration of any person referred to in paragraphs (6) and (8) of regulation 147, if he receives information regarding the following:-

(a) non-acceptance or refusal of the material by the National Plant

Protection Organization of the country of destination due to treatment failure of the marked wood packaging material; or

(b) use of the mark violating the provisions of the Act and the regulations

made thereunder.

(2) Upon submission of a written undertaking by the person concerned that he has corrected the mistakes and that he will be committed not to repeat any mistakes, such person may reapply for registration according to the provisions of regulation 147, for not more than two occations.

152. Any person registered under the regulation 147 may apply for an extension of

such registration by another year. The registration shall be extended, if the Director-General is satisfied that such person has –

(1) submitted the monthly reports referred to in paragraph (2) of regulation 149; (2) carried out the functions to the satisfaction of the committee conducting the assessment and auditing referred to in regulation 150; and (3) fulfilled the necessary requirements.

PART XVIII APPEALS

153. A person aggrieved by the decision of the Director General or the authorised officer under subsection (2) of section 4 of the Act may appeal to the Secretary against such decision under subsection (1) of section 9 of the Act.

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154. The appellant shall attach to the appeal one of the two copies of the notice served on him.

155. (1) The Secretary shall not entertain the appeal, referred to in regulation 153

above, if it –

(a) does not contain reasons for the appeal; (b) is submitted after the time period specified; and (c) is not accompanied with the copy of the notice referred specified in

regulation 154.

(2) The Secretary shall refuse to consider any appeal submitted on any other matter except an appeal made against a decision given according to subsection (2) of section 4 of the Act.

(3) Once the appeal is accepted, the Secretary shall inform the appellant about the monetary deposit that the appellant has to pay, and after obtaining the receipt confirming the payment of the said monetary deposit, the Secretary shall appoint the Appeals Panel in accordance with the subsection (3) of section 9 of the Act.

156. The Secretary shall immediately inform the Director-General and the authorised officer that he has accepted an appeal against a decision taken by the Director-General or an authorised officer, and shall instruct to the Director-General and the authorised officer to temporarily suspend any action being taken until the decision of the Appeals Panel is communicated.

157. The Secretary shall immediately send copies of the appeal to the three members

of the Appeals Panel appointed under section 8 of the Act and to the Director-General and inform the Appeals Panel to their decision within the time period specified under subsection (3) of section 9 of the Act.

158. After studying the case, The Appeals Panel shall submit to the Secretary their

decision within the time period specified by the Secretary in accordance with the subsection (3) of section 9 of the Act.

159. On receipt of the decision from the Appeals Panel, the Secretary shall

immediately communicate the decision of the Appeals Panel to the appellant referred to in regulation 153, to the Director-General or to the authorised officer.

160. On receipt of the decision of the Appeals Panel from the Secretary, the Director-

General shall immediately issue the relevant instructions to the authorised officer and to the appellant.

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PART XIX FEES FOR SERVICES

161. Any person who obtains the services from the Department of Agriculture under the provisions of the Act or the regulations shall pay the fees specified in the corresponding column set out in Schedule VIII for the particular service.

162. Annually, the Director-General shall declare the fees that should be levied in respect of chemicals used by the Department of Agriculture or the authorised officers during fumigation or treatment of any regulated article.

163. Any person who brings into Sri Lanka small quantities of any material

mentioned under regulation 30 shall pay a fee of Rs. 5000.00 at the port of entry in addition to any fees specified in Schedule VIII under regulation 161 for inspection and examination of the material and for testing for specific pests.

164. An annual fee of Rs. 5000.00 shall be payable by the importer or owner when

signing the post-entry quarantine agreement or at its renewal under the provisions of regulation 82.

165. When services referred to in the Schedule VIII attached hereto are requested by

any permanent officer of a Government Department or a Government Research Institute or a State University for official purposes, the Director-General has the discretion for exempting them from payment of such fees specified therein.

166. Any request for an exemption in terms of regulation 165 shall be made by the

Head of the relevant Government Department or by the Chief Executive Officer of the relevant Government Research Institute or the relevant University.

167. The Director-General shall grant in writing the exemption for relief of payment

of fees specified in regulation 165. 168. The Director-General or any authorised officer shall not –

a. issue any import permit specified in regulation 2; b. extend the validity period of an import permit already issued;

c. issue any certificate; or

d. release any consignment of regulated article kept in any place

under plant quarantine detention or post-entry quarantine detention,

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unless he is satisfied that all fees due from the person concerned have been duly paid by such person concerned in such manner as directed by the Director-General. 169. (1) No person shall remove any regulated article from plant quarantine detention or from post-entry quarantine detention without paying the fees due and without obtaining the instructions to do so from the Director-General or from the authorised officer;

(2) Notwithstanding the provisions referred to in paragraph (1) above, the

Director-General or an authorised officer may remove any plant or any regulated article for the purpose of inspection and testing.

170. (1) It shall be the duty of the person concerned to show proof to the satisfaction

of the Director-General or the authorised officer that such person paid all fees due in accordance with the regulations made under the Act. (2) Any person who fails or neglects to show proof in support of the payment of fees as mentioned in paragraph (1) above shall be required to make fresh payment.

PART XX PREPARATION OF GUIDELINES

171. (1) The Director-General may, from time to time, give instructions to the

authorised officers to prepare and submit for his approval guidelines for inspection, examination sampling, testing of consignments of regulated articles and for any other matters that may be necessary for implementation of the Act taking into consideration the relevant International Standards for Phytosanitary Measures (ISPM) that have been approved by the International Plant Protection Convention. (2) The authorised officers involved in matters referred to in paragraph (1) above shall follow the guidelines approved by the Director-General.

PART XXI RECOVERY OF EXPENSES

172. (1) where an authorised officer gives instructions to destroy any pest infested

material or any regulated article imported or brought into Sri Lanka violating the provisions of the Act or the regulations made thereunder, the importer or the owner of the regulated

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articles shall pay the cost incurred for such destruction and any other expenses incurred by the State during as may be specified by the Director-General. (2) If the importer or the owner fails or neglects to pay the cost incurred for the destruction mentioned in paragraph (1) above, such cost and other expenses incurred by the State may be recovered in the manner as specified in subsection (4) of section 6 of the Act.

PART XXII SCIENTIFIC NAMES AND DEFINITIONS

173. (1) Scientific names of organisms mentioned in these regulations are given in

Schedule XI.

(2) In these regulations, unless the context otherwise requires – “Act” means the Plant Protection Act No. 35 of 1999;

“allied plants” means any species of plants falling within the same genus or same family which in the opinion of the Director-General have comparable pest risk;

“area” means an officially defined country, part of a country or all or parts of

several countries; “budwood” means a shoot of a plant bearing buds suitable for bud grafting; “bulbs/ tubers” means a commodity class for dormant underground parts of

plants intended for planting and shall include corms and rhizomes; “clay” means soil constituent made of sedimentary material with particles

smaller than 0.0039 millimeters in diameter; “compost” means a mixture of decayed or decaying organic matter, as from

plant parts, animal waste and manure that can contain bacteria, fungi and other organisms;

“consignment” means a quantity of plants, plant product and other regulated

material of phytosanitary concern being removed from another country to Sri Lanka or vice versa and covered by a single phytosanitary certificate;

“consignment in transit” means a consignment which passes through a

country without being imported, and that may be subject to phytosanitary measures;

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“country in Tropical America” means a country falling totally or partly within the Tropic of Capricorn (latitude 23½o South) and the Tropic of Cancer (latitude 23½o North) and the meridians of longitude, 30° West and 120o West;

“Cut flowers” means a commodity class for fresh parts of pants bearing flowers in bloom, buds,blossoms, sprigs , stems and attached leaves intended for decorative use or any other purpose;

“dunnage” means wood packaging material used to secure or support a commodity but which does not remain associated with the commodity;

“ELISA” means the serological testing procedure named as Enzyme-linked Immuno-sorbent Assay technique generally used for the detection of pests;

“exporter” means a person as the owner or consigner or his successor who

sends a consignment or consignments of plants, plant products or other material with phytosanitary concern from Sri Lanka to other countries;

“forest litter” means upper most layer of forest floor consisting of fallen

leaves, plant parts and other decaying organic matter inclusive of organisms therein;

“fumigation” means treatment with a chemical agent that reaches the

commodity wholly or primarily in a gaseous state; “growing medium” means any material in which plants are growing or

intended for that purpose or any material used or intended to use for culturing of any organisms;

“humus” means a brown or black organic substance consisting of partially or

wholly decayed plant or animal matter that provides nutrients for plants and increases the ability of soil to retain water and may contain microorganisms;

“import permit” means official document issued by the Director General of

Agriculture or any authorised officer authorizing importation of a commodity in accordance with phytosanitary import requirements specified under the Act or the regulations made thereunder;

“import permit holder” means the person or his successor to whom an import

permit is issued by the Director General or by an authorised officer; “inspection” means official visual examination of plants, plant products or

other regulated articles to determine if pests are present and/or to determine compliance with phytosanitary regulations;

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“intermediate quarantine” means quarantine in a country other than a country of origin or production of the material or country of destination which is Sri Lanka;

“International Plant Protection Convention” means the international

agreement on plant health as deposited with the Food and Agriculture Organization of the United Nations in Rome in 1951 and as subsequently amended, and the international treaty organization, which was created in 1952 by members of the Food and Agriculture Organization of the United Nations;

“International Standard for Phytosanitary Measures” means an international

standard adopted by the Conference of Food and Agriculture Organization of the United Nations, the Interim Commission on phytosanitary measures or the Commission on phytosanitary measures, established under the International Plant Protection Convention;

“in vitro culture” means a plant or an organisms growing in a clear liquid or

clear semi solid or clear solid aseptic culture medium in a closed transparent container;

“mark” means an official stamp or brand, internationally recognized, applied

to a regulated article to attest its phytosanitary status; “material” means any plant, plant product, fruit, vegetable, other organism,

growing media, soil, sand and other soil constituents, compost, organic manure or forest litter;

“nursery” means any premises wholly or partly used for the cultivation,

growing and keeping of plants for the purpose of selling, transplantation or removal to other premises but shall not include the area where farmers prior to such transplantation periodically sow rice or vegetable seeds or other crops maintained as a non-commercial entity for their own use;

“Official Plant Protection Service/ National Plant Protection Organization”

means the official plant protection service established by a government of a particular country to discharge the functions specified by the International Plant Protection Convention;

“official statement” means a certificate issued by the National Plant

Protection Organization including a phytosanitary certificate, after the required inspections, tests and procedures are carried out by the representative of that service;

“official survey for a particular pest or pests” means a scientific study done by

the National Plant Protection Organization or its accredited

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representatives of a particular country using methodical procedure conducted over a defined period of time to determine the characteristics of a pest population or to determine which species occur in an area;

“organic manure” means a mixture of decaying plant and animal matter

derived as a result of the action of organisms that may also form a part of the mixture;

“packaging” means material used in supporting, protecting or carrying a

commodity; “pest free area” means an area in which a specific pest does not occur as

demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained;

“pest outbreak/ pest epidemic” means a recently detected pest population,

including an incursion, or a sudden significant increase of an established pest population in an area;

“phytosanitary certificate” means a certificate conforming to the model

appended to the International Plant Protection Convention and issued by the National Plant Protection Organization of the country of origin of the regulated article;

“phytosanitary certificate for re-export” means a certificate conforming to the

model appended to the International Plant Protection Convention and issued by the National Plant Protection Organization of the country of re-export;

“phytosanitary regulation” means official rule to prevent the introduction

and/or spread of quarantine pests, or to limit the economic impact of regulated non-quarantine pests, including establishment of procedures for phytosanitary certification;

“place of production” means any premises or collection of fields operated as a

single production or farming unit and may include production sites which are separately managed for phytosanitary purposes;

“planting (including replanting)” means any operation for the placing of

plants in growing medium, soil or any soil constituent, or by grafting or similar operation, to ensure their subsequent growth, reproduction or propagation;

“planting material” means plants intended to remain planted, to be planted or

replanted;

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“Plant Quarantine” means all activities destined to prevent the introduction and/or spread of quarantine pests or to ensure their official control;

“port of export” means airport, seaport or land border point designated for the

export of consignments of regulated articles, and/or exit of passengers from a country;

“post-entry quarantine detention” means the confinement of plants imported

into Sri Lanka in a designated area or locality for observation or for study or for further inspection or test;

“quarantine” means the official confinement of regulated article for observation and research or for further inspection, testing and/or treatment;

“regulated article” means any plant, plant product, fruit, vegetable, other

organism, soil, sand and other soil constituents, compost, forest litter, organic manure, growing media, storage place, packaging, conveyance, container, object or material capable of harboring or spreading pests deemed to require phytosanitary measures particularly where international transportation is involved;

“regulated non-quarantine pest” means a non-quarantine pest whose presence

in plants for planting affects the intended use of those plants with an economically unacceptable impact and which shall therefore be regulated within the territory of Sri Lanka;

“regulated pest” means a quarantine pest or a regulated non-quarantine pest; “release of a consignment of regulated article” means authorization for entry

into any premises within the territory of Sri Lanka after verification of compliance with phytosanitary regulations and conditions under which its entry has been permitted by the Director General of Agriculture or an authorised officer, as the case may be, in accordance with the Act and regulations made thereunder;

“release of plants or other regulated articles from quarantine or from post-

entry quarantine” means authorization by the Director General or by an authorised officer for removal of plants or other regulated articles from the premises where the material was held in quarantine or post-entry quarantine;

“sand” means soil constituent of particles varying in size between 0.05 and 2

mm in diameter, which is capable of supporting plant life, animal life and other organisms and may also help in the spread of pests;

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“silt” means soil constituent of particles varying in size between 0.0039 to 0.0625 mm;

“soil” means the loose top layer of the Earth's surface, consisting in varying

proportions of clay, silt, sand, gravel, weathered rock and mineral particles mixed with parts of plants and decayed organic matter or humus, and capable of retaining water and air, providing nutrients for plants, and supporting a wide range of biotic communities;

“soilless medium” means materials such as vermiculite, perlite or other

synthetic material when used as a growing medium or as a matrix for the growth of plants;

“soil constituents” means clay, silt, sand, gravel, quartz, weathered rock,

humus, and mineral particles; “test” means official examination including use of laboratory procedures,

other than visual, to determine if pests are present or to identify pests; “treatment” means official procedure for the killing, inactivation or removal

of pests, or for rendering pests infertile or for devitalization; “University” means an Institution established under the Universities Act,

No.16 of 1978; “wood packaging material” means wood or wood products excluding paper

products used in supporting, protecting or carrying a commodity, which shall include dunnage.

174. The regulations made by the Minister on October 28, 1981 and published in Gazette No.165/2 on November 02, 1981 are hereby rescinded.