USDA Foreign Agricultural Service GAIN ReportGAIN Report – TH8161 Page 3 of 32 UNCLASSIFIED USDA Foreign Agricultural Service On September 12, 2008, the Director General of the Department

Voluntary Report - public distribution

Date: 10/14/2008

GAIN Report Number: TH8161

TH8161

Thailand

Sanitary/Phytosanitary/Food Safety

Import Guidelines under New Plant Quarantine Act

2008 Approved by: Gary Meyer, Agricultural Counselor U.S. Embassy

Prepared by: Sakchai Preechajarn, Agricultural Specialist Report Highlights: On September 12, 2008, the Director General of the Department of Agriculture (DOA) officially notified guidelines for the importation of prohibited, restricted and non-prohibited articles. This notification was published in the Royal Gazette on October 13 and became effective on October 14, 2008.

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USDA Foreign Agricultural Service

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GAIN Report – TH8161 Page 2 of 32

UNCLASSIFIED USDA Foreign Agricultural Service

Table of Content

Unofficial Translation ..........................................................................................3 Appendix ............................................................................................................8 Application for Permit to Import Prohibited Articles for Research Purposes (FormP.Q.1)…………..…………………………………………………………………………………………...10 Application for Permit to Import Prohibited Articles for Commercial Purposes under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q.2)………………………………………..………14 Application for Permit to Import Prohibited Articles for the Purposes Other than Research and Commerce (Form P.Q. 3)……………………………… ……………………………………………………..16 Application for Permit to Bring in Transit Prohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 4)…………………………………………………….……………….19 Permit to Import Prohibited Articles for Research Purposes under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 1-1)…………………….…………………………………………….12 Permit to Import Prohibited Articles for Commercial Purposes under the Plant Quarantine Act B.E. 2507 (Form P.Q. 2-1)…………………………………………………...………………………………..15 Permit to Import Prohibited Articles for the Purposes Other than Research and Commerce under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 3-1)…………………...……18 Permit to Bring in Transit prohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 4-1)………………………………………………………………..…………………….21 Permit to Move Prohibited, Restricted or Unprohibited Articles from Plant Quarantine Station, Post-Entry Quarantine Station, Carrier or Other Designated Place under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 6)……………………………………………...…………………32 Tag affixed on package for importation of prohibited articles for research purposes (Form P.Q. 1-2)……………………………………………………………………..…………………………….13 Tag affixed on package for bringing in transit of prohibited articles (Form P.Q. 4-2)………….22 Declaration for the Import of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5)……………………………………….………..23 Declaration for Bringing in Transit of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act b.E. 2507 and Amended (Form P.Q. 5-1)…………………..…………….25 Declaration for the Import and Re-export of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5-2)……………..………….27 Notification of Hold of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5-3)…………………………..………………….29 Notification of Seizure of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5-4)…………………………………...…………30 Notification of Emergency Action of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.e. 2507 and Amended (Form P.Q. 5-5)………………………….……..31



On September 12, 2008, the Director General of the Department of Agriculture (DOA) officially notified guidelines for the importation of prohibited, restricted and non-prohibited articles. This notification was published in the Royal Gazette on October 13 and became effective on October 14, 2008. These guidelines are consistent with the previously reported requirements (TH8047 and TH8109) of Thailand’s new Plant Quarantine Act. The following is an unofficial translation of the notification. Unofficial Translation

Notification of Department of Agriculture Re: Specifications, Methods and Conditions for the Importation or Transit of Prohibited,

Restricted, and Non-Prohibited Articles.

By virtue of Section 5 hecta, Section 8, Section 9, Section 10, and Section 11 of the Plant Quarantine Act B.E. 2507, revised by the Plant Quarantine Act (No. 2) B.E. 2542 and the Plant Quarantine At (No. 3) B.E. 2551, whereas this Act contains certain provisions relating to the restriction of rights and liberties of the people, which Section 29 in conjunction with Section 32, Section 33, Section 41, and Section 43 of the Constitution of the Kingdom of Thailand allow to be done by virtue of law; Director General of the Department of Agriculture notifies as follows:

Item 1 All forms, including those of a permit request, a permit, and importer’s notification in importation or transit, a package label for prohibited, restricted, and non-prohibited articles, as described in Part 1 to 5 in this notification, must be identical with those in the Appendix of this notification.

Part 1 Importation of Prohibited Articles for Experiment and Research

Item 2 Any person importing prohibited articles for experiment and research must request an import permit for prohibited articles to the Director-General at Office of Agricultural Regulations or any plant quarantine station or mail the request to Office of Agricultural Regulations, Department of Agriculture, 50 Paholyothin Road, Lardyao Sub-district, Chatuchak District, Bangkok 10900.

Item 3 The importation is subject to the following procedures: (1) The point of entry for imported article must be a plant quarantine station. The

article shipment must also be accompanied by an import permit and phytosanitary certificate or certificate on plant pests or non-plant carriers which are endorsed by an authorized agency in exporting country. The Phytosanitary Certificate or approved Certificate must contain the following certification:

a) In case of importation of prohibited plants or carriers, the certification must indicate a pest-free status, pest eradication, or percentage of allowable pest



level on each of the various types of pest as determined by the Director General (of DOA).

b) In case of importation of prohibited plant pests, the certification must indicate that the pests are the same types as those indicated in the import permit.

(2) The container of imported article must be strong and in good condition. (3) Package or container of the article must be labeled with a sticker as provided

by the Department (DOA) and be addressed to the Director General or Chief of Plant Quarantine Station.

(4) The article must be imported through the plant quarantine stations determined as a point of entry including;

a) Bangkok Seaport Plant Quarantine Station, b) Suvarnabhumi International Airport Plant Quarantine Station, and c) Bangkok Post Office Plant Quarantine Station.

(5) Upon arrival of the shipment, the permit receiver or his/her assignee must notify official inspectors of the shipment arrival and render the shipped product to the officials.

(6) After receiving the shipped product and verifying accompanied documents, the officials at the plant quarantine station will detain the shipped product at the DOA’s quarantine area for pest inspection. The importer must be responsible for all expenses incurred from inspection.

The importation of genetically modified organism (GMO) plant must comply with specifications, methods, and conditions as determined by the Director General.

Item 4 The Director General may suspend the permit or endorse additional conditions in case that any importer receives an import permit and there is a pest outbreak or justified dilemma on the outbreak in the country of origin for the import or in case that the importer fails to meet the DOA requirements during the experiment and research. Item 5 The importer must report research results to the Director General after the research is complete and destroy the imported articles. Item 6 Imported prohibited articles and produce or fruit of the prohibited articles must be

1) destroyed under the official control and monitoring 2) managed appropriately according to the Director General’s determination

Item 7 The importer must be responsible for all expenses incurred from the official’s supervision and monitoring during the experiment and research.

Part 2 Importation of Prohibited Articles for Commercial Purpose

Item 8 Prohibited articles imported for commercial purposes must be subject to an approved Pest Risk Analysis (PRA) as determined by the Director General. Item 9 Any person importing prohibited articles for commercial purpose must request an import permit for prohibited articles to the Director-General at Office of Agricultural Regulations or any



plant quarantine station or mail the request to Office of Agricultural Regulations, Department of Agriculture, 50 Paholyothin Road, Lardyao Sub-district, Chatuchak District, Bangkok 10900. Item 10 The importation is subject to the following procedures:

(1) Any plant quarantine station can be a point of entry for imported article. The article shipment must also be accompanied by an import permit and phytosanitary certificate endorsed by an authorized agency in exporting country. The certification must contain statements that fully meet determined requirements.

(2) Upon an arrival at a plant quarantine station, the permit receiver or his/her assignee must notify the station’s official inspector. In case that the article will be transmitted to the third country, the importer must notify an official inspector.

(3) After being notified, the official inspector will review all documents for verification in accordance with the determined import requirements.

(4) After verification, the shipment can be released. (5) While the plant quarantine officer inspects the imported article, the official has a right to

detain or confiscate the shipment at the plant quarantine station facilities or other determined places. If a prohibited pest is found, the officer will order the importer or owner to conduct pest eradication or destroy or transmit article out of the country.

Part 3

Importation of Prohibited Articles for Other Purposes

Item 11 Prohibited articles imported for other purposes must be subject to an approved Pest Risk Analysis (PRA) as determined by the Director General. Item 12 Any person importing prohibited articles for commercial purpose must request an import permit for prohibited articles to the Director-General at Office of Agricultural Regulations or any plant quarantine station or mail the request to Office of Agricultural Regulations, Department of Agriculture, 50 Paholyothin Road, Lardyao Sub-district, Chatuchak District, Bangkok 10900. Item 13 Any plant quarantine station can be a point of entry for imported article. The article shipment must also be accompanied by an import permit and phytosanitary certificate endorsed by an authorized agency in exporting country. All import procedures as determined in items 10 (2), (3), (4) and (5) is also applied to the importation of prohibited articles for other purposes.

Part 4 Transit of Prohibited Articles

Item 14 Any person who wants to transit prohibited articles for commercial purpose must request a transit permit for prohibited articles to the Director-General at Office of Agricultural Regulations or any plant quarantine station or mail the request to Office of Agricultural



Regulations, Department of Agriculture, 50 Paholyothin Road, Lardyao Sub-district, Chatuchak District, Bangkok 10900. Item 15 The transit is subject to the following procedures:

(1) Must be subject to an approved Pest Risk Analysis (PRA) as determined by the Director General.

(2) Must be transited through a plant quarantine station and must be accompanied by a transit permit and phytosanitary certificate.

(3) Must be labeled on a package containing prohibited articles. (4) The transit of prohibited articles, no matter those of plant, carriers, or plant pest, must

comply with all the conditions determined by the Director General. (5) Upon an arrival at a plant quarantine station, the permit receiver or his/her assignee must

notify the station’s official inspector. After a review and verification, the official inspector will endorse approval in a form of notifying transit. The permit receiver or his/her assignee will present this form to an official inspector at a departure plant quarantine station when being transmitted out of the country.

Item 16 Each permit for importation of prohibited articles for experiment and research, commercial purpose, other purpose, and a transit permit can be used for a certain variety of plant and an origin of plant at a time.

Part 5 Importation and Transit of Restricted Articles and Non-Prohibited Articles

Item 17 The importation or transit of restricted articles is subject to the following procedures:

(1) Any plant quarantine station can be a point of entry for imported article. The article shipment must also be accompanied by a phytosanitary certificate endorsed by an authorized agency in exporting country. The certification must contain the pest-free status, pest eradication, or percentage of pest level deem to be allowed on each various types of pest as determined by the Director General.

(2) Upon an arrival at a plant quarantine station, the permit receiver or his/her assignee must notify the station’s official inspector. In case that the article will be transmitted to the third country, the importer must notify an official inspector.

(3) After being notified, the official inspector will review all documents for verification in accordance with the determined import requirements.

(4) After verification, the shipment can be released. (5) During inspection, the official inspector has authority to detain or confiscate the shipped

product at the plant quarantine station or a quarantine area. In case that the prohibited pest is found, the official inspector will order the product owner to conduct pest eradication or transmit product out of the country.

Item 18 The transit of restricted articles: Upon an arrival at a plant quarantine station, the permit receiver or his/her assignee must notify the station’s official inspector. After a review and verification, the official inspector will endorse approval in a form of notifying transit. The permit receiver or his/her assignee will present this



form to an official inspector at a departure plant quarantine station when being transmitted out of the country. Item 19 Any person importing or transiting non-prohibited articles must provide a phytosanitary certificate to a plant quarantine officer and notify the officer upon shipment arrival.

Transitory Provisions Item 20 All the permits, import or transmit permits, permits to release product out of a plant quarantine station or a quarantine area or any vehicles, which are endorsed or administered under the Ministerial Notification No. 2 (B.E. 2507) in accordance with Plant Quarantine Act B.E. 2507 prior to or on the effective date of this notification, remain valid and are considered to be the permits which are endorsed or administered in accordance with this notification. Item 21 All the permit requests, notifyng actions, or other actions conducted under the Ministerial Notification No. 2 (B.E. 2507) in accordance with Plant Quarantine Act (B.E. 2507) prior to or on the effective date of this notification will be considered to be permit requests, notifying action, or other actions under this notification. This notification will be effective on a day after being published in the Royal Gazette. Endorsed on September 12, 2008

Ms. Metanee Sukontarug Director General Department of Agriculture



Appendix

Various Forms Attached to the Notification Re: Specifications, Methods and Conditions for the Importation or Transit of Prohibited,

Restricted, and Non-Prohibited Articles B.E. 2551 (2008). 1. Application for Permit to Import Prohibited Articles for Research Purposes (Form P.Q. 1) 2. Application for Permit to Import Prohibited Articles for Commercial Purposes under the

Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 2) 3. Application for Permit to Import Prohibited Articles for the Purposes Other than Research

and Commerce (Form P.Q. 3) 4. Application for Permit to Bring in Transit Prohibited Articles under the Plant Quarantine Act

B.E. 2507 and Amended (Form P.Q. 4) 5. Permit to Import Prohibited Articles for Research Purposes under the Plant Quarantine Act

B.E. 2507 and Amended (Form P.Q. 1-1) 6. Permit to Import Prohibited Articles for Commercial Purposes under the Plant Quarantine

Act B.E. 2507 (Form P.Q. 2-1) 7. Permit to Import Prohibited Articles for the Purposes Other than Research and Commerce

under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 3-1) 8. Permit to Bring in Transit prohibited Articles under the Plant Quarantine Act B.E. 2507 and

Amended (Form P.Q. 4-1) 9. Permit to Move Prohibited, Restricted or Unprohibited Articles from Plant Quarantine

Station, Post-Entry Quarantine Station, Carrier or Other Designated Place under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 6)

10. Tag affixed on package for importation of prohibited articles for research purposes

(Form P.Q. 1-2) 11. Tag affixed on package for bringing in transit of prohibited articles (Form P.Q. 4-2) 12. Declaration for the Import of Prohibited, Restricted and Unprohibited Articles under the

Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5)

13. Declaration for Bringing in Transit of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act b.E. 2507 and Amended (Form P.Q. 5-1)

14. Declaration for the Import and Re-export of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5-2)



15. Notification of Hold of Prohibited, Restricted and Unprohibited Articles under the Plant Quarantine Act B.E. 2507 and Amended (Form P.Q. 5-3)

16. Notification of Seizure of Prohibited, Restricted and Unprohibited Articles under the Plant

Quarantine Act B.E. 2507 and Amended (Form P.Q. 5-4) 17. Notification of Emergency Action of Prohibited, Restricted and Unprohibited Articles under

the Plant Quarantine Act B.e. 2507 and Amended (Form P.Q. 5-5)















































End of Report.

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USDA Foreign Agricultural Service GAIN ReportGAIN Report – TH8161 Page 3 of 32 UNCLASSIFIED USDA Foreign Agricultural Service On September 12, 2008, the Director General of the Department