The State Law
and Order Restoration Council
The Plant
Pest Quarantine Law
( The State Law and Order Restoration
Council Law No. 8/93 )
The 12th Waning Day of Nayon,
1355 ME.
( 16th June, 1993 )
The State Law
and Order Restoration Council
hereby enacts the following
Law:-
Chapter I
Title and Definition
1.
This Law shall be called the
Plant Pest Quarantine Law.
2.
The following expressions
contained in this Law shall
have the meanings given hereunder:-
(a) Plant means
the cultivable plant and propagative
parts thereof Such expression
also includes seed, tuber, corn,
bulb, root or stem part of the
plant;
(b) Plant Product
means any unprocessed material
of plant origin or even though
processed which by the nature
and that of the processing method
may create a risk for the spread
of pests. Such expression also
includes tuber, corn, bulb,
grain, fruit or vegetable for
consumption;
(c) Non-plant
Product means any material which
is not a product of plant and
which is contaminated with pest
constituting risk of spread.
This expression also includes
imported materials which have
been prescribed for the purpose
of this Law by the Ministry
for inspection;
(d) Pest means
insects, arachnids, rats, moles,
snails, weeds that destroy crops,
food or commodities or those
interfering with human being
or animal. Such expression also
includes other pests that cause
plant disease and living organisms
prescribed by the Myanmar Agriculture
Service;
(e) Quarantine
Pest means pest dangerous to
plant but not yet in existence
in Myanmar and even those in
existence but not widely spread
yet needs to be controlled;
(f) Beneficial
Organism means an organism which
benefits the agriculture by
causing disease to or parasitize
its eggs or by predating the
pest. Such expression also includes
insects, arachnids, fungi, bacteria,
viruses, nematodes and various
kinds of edible mushrooms which
in one way or another benefits
agriculture and other organisms
prescribed by the Myanmar Agriculture
Service;
(g) Transit
Camp means a camp being stationed
for the purpose of temporary
storage of plant, plant product,
pest, beneficial organism or
soil from the arriving carrier
to Myanmar before being transferred
to the outgoing carrier destined
to any foreign country;
(h) Import
Certificate means the certificate
issued by the Myanmar Agriculture
Service for the purpose of importing
from abroad, plant, plant product,
pest, beneficial organism or
soil;
(i) Phytosanitary
Certificate means an internationally
recognized certificate issued
by the Myanmar Agriculture Service
after phytosanitary inspection
in accordance with the model
prescribed in the 1951 International
Plant Protection Convention;
(j) Ministry
means the Ministry of Agriculture;
(k) Minister
means the Minister for the Ministry
of Agriculture:
(l) Managing
Director means the Managing
Director of the Myanmar Agriculture
Service.
Chapter II
Objectives
3.
This Law shall be implementted
in accordance with the objective
given hereunder: -
(a) to prevent
quarantine pests from entering
into Myanmar by any mean;
(b) to suppress
effectively the spread of quarantine
pests;
(c) to carry
out, if necessary, disinfestation,
disinfection treatment of plant
or plant product to be exported
and the issuance of phytosanitary
certificate.
Chapter III
Import and Export
4. Plant, product,
pest, beneficial organism or
soil :-
(a) shall be
imported by a person on application
for import certificate from
the Myanmar Agriculture Service
before obtaining licence or
permit from the department or
organization concerned;
(b) When on
arrival by importing or when
brought personally shall be
subject to inspection by the
Myanmar Agriculture Service;
(c) shall be
subject to payment of fees as
prescribed for import certificate
and to payment of inspection
fees by the person who imports
or brings along with him.
5. A person,
who has been permitted to export
plant or plant product, if desirous
of obtaining phytosanitary certificate
or disinfestation or disinfection
treatment may apply to the Myanmar
Agriculture Service after payment
of the prescribed fee.
6. In re-exporting
plant, plant product, pest,
beneficial organism or soil
through transit camp to abroad:
-
(a) the Myanmar
Agriculture Service has the
right to inspect;
(b) if quarantine
pests are found while inspecting
under sub-section (a), the Myanmar
Agriculture Service has the
right to carry out disinfestation
or disinfection treatment. The
person so concerned shall incur
the costs;
(c) if desirous
of obtaining phytosanitary certificate,
application may be made to the
Myanmar Agriculture Service
after payment of the prescribed
fee.
Chapter IV
Inspection Camps
7. In order
to carry out inspection works
under this Law, the Myanmar
Agriculture Service shall establish
inspection camps at the following
places : -
(a) Yangon
International Airport;
(b) Yangon
Port;
(c) Myanmar
Posts and Telecommunications,
Foreign Mail Service;
(d) Transit
Camp.
8.
The Ministry may extend the
establishment of pest inspection
camps.
Chapter V
The Duties and Powers of the
Managing Director
9.
The duties and powers
of the Managing Director are
as follows :-
(a) prescribing
methods of inspection in respect
of plant, plant product, pest,
beneficial organism, non-plant
product or soil imported from
abroad as to whether they are
infested or infected with quarantine
pest;
(b) prescribing
conditions relating to the temporary
custody in the transit camp,
transferring from one vehicle
to another of plant, plant product,
beneficial organism or soil
for re-export;
(c) prescribing
necessary measures for inspection
in accordance with the requirements
of the receiving country in
respect of plant, plant product,
pest, beneficial organism or
soil for reexport;
(d) prescribing
necessary measures for the effective
suppression of quarantine pest
in case of outbreak of such
pest in the country.
(e) permitting
or refusing after scrutinizing
the applications for import
certificate made in respect
of plant, plant product, pest,
beneficial organism or soil;
(f) making
arrangements for carrying out
disinfestation or disinfection
treatment;
(g) permitting
or refusing after scrutinizing
the applications for phytosanitary
certificate:
(h) issuing
order preventing the transportation
from one place to another within
the country of plant, plant
product, beneficial organism
or soil that is infested or
infected with quarantine pest;
(i) imposing
administrative penalty;
(j) carrying
out duties as are assigned by
the Minister.
10.
The Managing Director:
-
(a) shall
assign the duty of Inspector
General and Inspectors to the
suitable personnel from the
Myanmar Agriculture Service;
(b) shall prescribe
the duties and powers of the
inspector General and the Inspectors;
(c) may assign
his powers to the Inspector
General or any officer of the
Myanmar Agriculture Service;
(d) may assign
on suitable officers of the
Myanmar Agriculture Service
the power to impose administrative
penalty.
Chapter VI
Prohibition and Penalty
11.
No person shall, without obtaining
the import certificate, import
plant, plant product, pest,
beneficial organism or soil.
12.
No person, who imports plant,
plant product, pest, beneficial
organism or soil with import
certificate or who brings along
with him from abroad, shall
fail to submit to inspection
and control of the Myanmar Agriculture
Service.
13.
An importer of non-plant product
which has been prescribed by
the Myanmar Agriculture Service
for inspection shall not fail
to submit to inspection.
14.
No person shall, knowingly transport
from one place to another within
the country, plant, plant product,
beneficial organism or soil
which has been declared to be
infested or infected with quarantine
pest by the Myanmar Agriculture
Service.
15.
No person shall violate any
provision of the rules, procedures,
made under this Law.
16.
A person shall violates any
of the provisions contained
in section 11 or section 12
shall be liable to the following
administrative penalty :-
(a) in the
case of a first offence imposition
of a fine which may extend from
a minimum of kyats 1,000 to
a maximum of kyats 5,000;
(b) in the
case of a subsequent offence,
imposition of a fine which may
extend from a minimum of kyats
5.000 to a maximum of kyats
10,000.
17.
A person who violates the provisions
contained in section 13, section
14 or section 15 shall be liable
to the following administrative
penalty: -
(a) in the
case of a first offence, imposition
of a fine which may extend from
a minimum of kyats 500 to a
maximum of Kyats 3,000;
(b) in the
case of a subsequent offence.
imposition of a fine may extend
from a minimum of kyats 3,000
to a maximum of kyats 5,000.
18.
In respect of the administrative
penalty imposed under section
16 or section 17 may require
the exhibits involved in the
offence to be destroyed or after
payment of the prescribed fee
may require them to be disinfested
or disinfected.
Chapter VII
Appeal
19. A person
dissatisfied with the order
or decision made by the Managing
Director under this Law may
appeal to the Minister within
60 days from the date such order
or decision was made.
20.
The decision of the
Minister shall be final.
Chapter VIII
Miscellaneous
21.
The respective government department
or government organization shall,
in respect of plant, plant product,
pest, beneficial organism, soil
or non-plant product on arrival
from abroad :-
(a) promptly
inform the Myanmar Agriculture
Service for inspection;
(b) permit
an importer to take delivery
only when it has been found
to be free from pests on inspection
by the Myanmar Agriculture Service.
22.
The inspection work under this
Law shall be done: -
(a) without
affecting the smooth and steady
flow of trade
(b) without
delay in inspection.
23.
Any organization recognized
by the Pesticide Registration
Board formed under the Pesticide
Law may carry out the disinfestation
or disinfection treatment under
this Law.
24.
The Ministry may exempt any
government department or government
organization from complying
with any of the provisions of
this Law apart from the inspection
of plant, plant product, pest
or soil.
25.
The government department or
the government organization
that is authorized to issue
import licence or permit in
respect of plant, plant product,
pest, beneficial organism or
soil imported from abroad may
issue the licence or permit
only on submission of the import
certificate granted by the Myanmar
Agriculture Service.
26.
The Myanmar Agriculture Service
may recover the fine payable
under this Law as if it were
arrears of land revenue.
27.
For the purpose of carrying
out the provisions of this Law:
-
(a) the Ministry
may, issue rules and procedures
as may be necessary, with the
approval of government:
(b) the Ministry
and the Myanmar Agriculture
Service may issue orders and
directives as may be necessary.
28.
The Insects and Pests Act, 1914
is hereby repealed.
Sd./Than
Shwe
General
Chairman
The State Law and Order Restoration
Council
