PLANT PESTS AND DISEASES ACT: INDEX TO SUBSIDIARY LEGISLATION

Plant Pests and Diseases (Kromnek) Regulations

Plant Pests and Diseases (Tobacco) Regulations

Plant Pests and Diseases (Coffee) Regulations

Plant Pests and Diseases (Pest Control) Regulations

Plant Pests and Diseases (Cotton) Regulations

Plant Pests and Diseases (Importation) Regulations

Plant Pests and Diseases (Nursery) Regulations

Plant Pests and Diseases (Potato and Tobacco Growing) Regulations

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

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

Plant Pests and Diseases (Pests and Alternate Hosts) Order

Plant Pests and Diseases (Fumigation) Regulations

Plant Pests and Diseases (Phytosanitary Certification) Regulations

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

PLANT PESTS AND DISEASES (KROMNEK) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Registration of premises

    3.    Register of sales

    4.    Destruction of infested plants

        SCHEDULE

GN 327 of 1958,

GN 90 of 1964,

SI 151 of 1996.

[Regulations by the Minister]

1.    Title

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

2.    Registration of premises

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

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

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

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

[Am by GN 90 of 1964.]

3.    Register of sales

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

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

4.    Destruction of infested plants

    (1) An inspector may—

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

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

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

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

    (a)    burning;

    (b)    boiling; or

    (c)    a method approved by an inspector.

SCHEDULE

[Regulation 3]

FORM OR REGISTER OF SALES

PLANT PESTS AND DISEASES (TOBACCO) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Tobacco lands to be cleared annually

    4.    Manner of clearance

    5.    Storage of cured tobacco

    6.    Clearance of tobacco premises

    7.    Destruction of infested tobacco

    8.    Application for tobacco premises licence

    9.    Issue of tobacco premises licence

        FIRST SCHEDULE

        SECOND SCHEDULE

GN 328 of 1958,

GN 354 of 1960,

GN 114 of 1962,

GN 90 of 1964,

GN 497 of 1964,

SI 91 of 1979.

[Regulations by the Minister]

1.    Title

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

2.    Interpretation

In these Regulations—

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

3.    Tobacco lands to be cleared annually

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

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

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

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

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

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

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

4.    Manner of clearance

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

    (a)    burning;

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

    (c)    ploughing or discing; or

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

[Am by GN 114 of 1962.]

5.    Storage of cured tobacco

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

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

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

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

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

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

[Am by GN 114 of 1962.]

6.    Clearance of tobacco premises

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

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

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

7.    Destruction of infested tobacco

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

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

    (b)    the tobacco has not been claimed.

8.    Application for tobacco premises licence

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

[Am by GN 90 of 1964.]

9.    Issue of tobacco premises licence

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

FIRST SCHEDULE

[Regulation 8]

REPUBLIC OF ZAMBIA

THE PLANT PEST AND DISEASES ACT APPLICATION FOR TOBACCO PREMISES LICENCE

The Permanent Secretary,

Ministry of Agriculture,

P.O. Box RW, Lusaka.

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

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

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

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

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

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

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

(Signature of applicant)

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

[Am by GN 90 of 1964.]

SECOND SCHEDULE

[Regulation 9]

REPUBLIC OF ZAMBIA

THE PLANT PESTS AND DISEASES ACT

TOBACCO PREMISES LICENCE

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

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

December of that year.

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

for Minister of Agriculture

Date Stamp.

[Am by GN 90 of 1964.]

PLANT PESTS AND DISEASES (COFFEE) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Sale or removal of infested plants

    4.    Reporting of infestation

    5.    Orders to eradicate pests from plantations

    6.    Destruction of infested plants

    7.    Supervision of plantations

    8.    Duty to furnish information

GN 330 of 1958,

GN 90 of 1964,

SI 150 of 1996.

[Regulations of the Minister]

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

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

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

"coffee" means any species of the genus Coffea;

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

"sell" includes to offer or expose for sale.

3.    Sale or removal of infested plants

No person shall—

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

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

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

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

4.    Reporting of infestation

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

5.    Orders to eradicate pests from plantations

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

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

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

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

6.    Destruction of infested plants

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

7.    Supervision of plantations

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

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

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

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

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

[Am by GN 90 of 1964.]

8.    Duty to furnish information

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

PLANT PESTS AND DISEASES (PEST CONTROL) REGULATIONS

[Section 4]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Destruction of infested plants

    4.    Declaration by Minister of infested or quarantine areas

    5.    Declaration by inspector of infested areas

    6.    Destruction of plants in infested or quarantine areas

    7.    Duty to furnish information

        SCHEDULE

GN 331 of 1958,

GN 90 of 1964,

SI 165 of 1996.

[Regulations by the Minister]

1.    Title

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

2.    Interpretation

In these Regulations—

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

3.    Destruction of infested plants

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

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

4.    Declaration by Minister of infested or quarantine areas

    (1) The Minister may, by order—

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

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

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

5.    Declaration by inspector of infested areas

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

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

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

6.    Destruction of plants in infested or quarantine areas

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

7.    Duty to furnish information

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

SCHEDULE

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

[Regulation 2]

SCHEDULED PESTS

NOTE:

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

high epidemic potential.

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

Areas and have a moderate epidemic potential.

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

controlled by in-country quarantine.

PLANT PESTS AND DISEASES (COTTON) REGULATIONS

[Section 31]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Cotton lands to be cleared annually

    4.    Exemptions

GN 84 of 1960,

GN 90 of 1964.

[Regulations by the Minister]

1.    Title

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

2.    Interpretation

In these Regulations—

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

3.    Cotton lands to be cleared annually

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

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

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

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

[Am by GN 90 of 1964.]

4.    Exemptions

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

PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS

[Section 31]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Application of Regulations

    4.    Import of growing medium or plant under permit

    5.    Import of invertebrate or injurious organism under permit

    6.    Applications for permits

    7.    Issue, refusal, etc., of permits

    8.    Imports without permit

    9.    General powers of inspectors

    10.    Imported fruit found to be infested

    11.    Imported potatoes found to be infected or infested

    12.    Protective treatment

    13.    Fee for protective treatment

    14.    Import of certain plants and fruits

    15.    Conditions for import of plants listed in Seventh Schedule

    16.    Conditions for import of plants listed in Seventh Schedule

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

        FIFTH SCHEDULE

        SIXTH SCHEDULE

        SEVENTH SCHEDULE

        EIGHTH SCHEDULE

GN 144 of 1960,

GN 217 of 1963,

GN 90 of 1964,

GN 497 of 1964,

SI 167 of 1996,

SI 80 of 2001.

[Regulations by the Minister]

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

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

"approved" means approved by the Permanent Secretary;

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

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

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

"Convention country" means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

…

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

…

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

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

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

"vegetative material" means—

    (a)    any growing plant; or

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

[Am by GN 90 of 1964.]

3.    Application of Regulations

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

[Am by GN 90 of 1964.]

4.    Import of growing medium or plant under permit

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

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

[Am by GN 90 of 1964.]

5.    Import of invertebrate or injurious organism under permit

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

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

    (a)    the importation is made—

        (i)    for scientific purposes; and

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

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

6.    Applications for permits

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

[Am by GN 90 of 1964.]

7.    Issue, refusal, etc., of permits

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

    (2) The Permanent Secretary may—

    (a)    refuse to issue a permit; or

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

[Am by GN 90 of 1964.]

8.    Imports without permit

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

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

    (b)    fruit from consumption;

    (c)    herbaceous ornamental plants not intended for consumption;

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

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

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

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

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

9.    General powers of inspectors

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

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

        (i)    an injurious organism; or

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

to be disinfected or fumigated;

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

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

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

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

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

[Am by GN 90 of 1964.]

10.    Imported fruit found to be infested

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

Provided that the inspector may—

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

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

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

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

[Am by GN 90 of 1964.]

11.    Imported potatoes found to be infected or infested

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

    (a)    destroyed without compensation; or

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

12.    Protective treatment

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

[Am by GN 90 of 1964.]

13.    Fee for protective treatment

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

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

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

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

    (a)    sold immediately out of hand; or

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

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

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

    (a)    the cost of the sale; and

    (b)    the fee; and

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

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

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

14.    Import of certain plants and fruits

    (1) No person shall import—

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

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

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

    (c)    any plant specified in the Sixth Schedule;

without the consent in writing of the Minister.

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

    (a)    for scientific purposes; and

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

15.    Conditions for import of plants listed in Seventh Schedule

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

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

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

16.    Conditions for import of plants listed in Seventh Schedule

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

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

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

FIRST SCHEDULE

[Regulation 2]

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

PRESCRIBED FEE UNITS

SECOND SCHEDULE

[Regulation 2]

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

FORM 1

REPUBLIC OF ZAMBIA

THE PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS

APPLICATION FOR A PERMIT FOR THE IMPORTATION OF PLANTS

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

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

{mprestriction ids="2,3,5"}

hereby apply to import by ……………………………………………………………..

(state mode of importation, i.e., whether by post, rail, road or air freight)

from ……………………………………………………………………………………..

(state full name of consignor)

of …………………………………………………………………………………………

through …………………………………………………………………………………

(state port of entry into Zambia if mode of importation is not by post)

the following plants: ……………………………………………………………………

(state number and ………………………………………………………………………

kind of plants) ……………………………………………………………………………

for the purpose of ………………………………………………………………………

(state which one or more of the following applies: sale, private use, manufacture, consumption or propagation for sale)

I intend to grow these plants at ………………………………………………………
(state exact locality if plants are to be grown)

No. of Currency Import Licence ………………………………………………………
(If plants are to be imported outside the country)

Date …………………

………………………….

(Signature of applicant)

FORM No. 2

REPUBLIC OF ZAMBIA

THE PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS

PERMIT AUTHORISING THE IMPORTATION OF GROWING MEDIAL/INJURIOUS ORGANISMS/INVERTEBRATES/PLANTS

(This permit is to be sent by the importer to the supplier who shall ensure that it accompanies the growing media/injurious organisms/invertebrates/plants).

Permission is granted to ……………………………………………………………………of ……………………………… to import in one consignment, within six months of the date of this permit, by …………………………………………...........from............... ………………………………………………………………………………………...through................................................................ …………………………….....................the following ………………...............…………….........subject to the following conditions ………………………………………………………

Date ………………………………………………………………………………………...

For Permanent Secretary,

Ministry of Agriculture,

Food and Fisheries

FORM No. 3

PHYTOSANITARY CERTIFICATE

THIS IS TO CERTIFY-

That the plants, parts of plant or plant products described below or representative samples of them were thoroughly examined on ……………………………………………………by ……………………………………………………........an authorised officer of the…………………………………………………………………(Insert name of plant protection authority)and were found to the best of his knowledge to be substantially free from injurious diseases and pests, and that the consignment is believed to conform with the current phytosanitary regulations of the importing country both as stated in the additional declaration hereon and otherwise.

________________________________________________________________________

Fumigation or disinfection treatment (if required by importing country)

Date ………………………………………… treatment …………………………………..

Duration of exposure ……………………………………………………………………….

Chemical and concentration ………………………………………………………………

Additional declaration:

………………………………19 ………………..

(Official stamp) …………………………………………………...

(Signature)

………………………………………………………………………………………………

(Rank)

DESCRIPTION OF THE CONSIGNMENT

Name and address of exporter ……………………………………………………………...

Name and address of consignee ……………………………………………………………

Number and description of packages ………………………………………………………

Distinguishing marks ………………………………………………………………………

Origin (if required by importing country) ………………………………………………….

Means of conveyance ………………………………………………………………………

Point of entry ……………………………………………………………………………….

Quality and name of produce ………………………………………………………………

Botanical name (if required by importing country) ………………………………………..

THIRD SCHEDULE

[Regulation 4(2)]

[Third sch subs by reg 7 of SI 167 of 1996.]

PORTS OF ENTRY

FOURTH SCHEDULE

[Regulations 4 and 8]

PLANT PRODUCTS FOR THE IMPORTATION OF WHICH A PERMIT IS REQUIRED

1.    Broom corn

2.    Citrus peel, fresh or dried, other than candied

3.    Clover fodder

4.    Coffee beans for consumption

5.    Cotton lint

6.    Lucerne hay

7.    Tobacco, cured, unmanufactured

FIFTH SCHEDULE

[Regulations 4 and 8]

[Fifth sch subs by reg 7 of SI 167 of 1996.]

SEEDS FOR THE IMPORTATION OF WHICH A PERMIT IS REQUIRED

1.    Abutilon seed

2.    Acacia seed from non-Convention countries

3.    Acorns seeds

4.    Banana seeds

5.    Beech seed from non-Convention countries

6.    Birch seed from non-Convention countries

7.    Capsicum (Pepper or Chillies) seed from non-Convention countries

8.    Cereals, seed of the following, barley, oats, rice, rye and wheat from non-Convention countries

9.    Chestnuts seed

10.    Citrus seed

11.    Clover seed

12.    Cocoa seed

13.    Coffee seed

14.    Cotton seeds

15.    Conifers, seeds of, from non-Convention countries

16.    Elm seed from non-Convention countries

17.    Eucalyptus spp. Seed from non-Convention countries

18.    Grape vine seed

19.    Grass seed for propagation

20.    Groundnut (Arachis spp.) seed

21.    Hibiscus seed

22.    Hickory seed from non-Convention countries

23.    Holly hock seed

24.    Lettuce seed

25.    Lucerne seed

26.    Maize seeds

27.    Mango seeds

28.    Maple seed from non-Convention countries

29.    Oil-palm seeds

30.    Pea (Pisum sativum) seed

31.    Peach, including nectarine, stones and seeds from non-Convention countries

32.    Pepper (Piper nigrum) seeds

33.    Plane seed from non-Convention countries

34.    Poplar seed from non-Convention countries

35.    Pyrethrum seed from non-Convention countries

36.    Rubber (Hevea brasiliensis) seed

37.    Sisal (Agave and Furcraea spp.) seed from non-Convention countries

38.    Soyabean seed from non-Convention countries

39.    Sugar cane seed from non-Convention countries

40.    Sunflower (Helianthus spp.), including Jerusalem artichoke, seeds

41.    Tea seed

42.    Tobacco seed

43.    Tomato seed

44.    Tung (Aleurities spp.) seed

45.    Willow seed from non-Convention countries

46.    Forest trees of species not specified elsewhere in this Schedule, seed of, from non-Convention countries

47.    Malvaceous plants of species not specified elsewhere in this Schedule, seed of, from non-Convention countries.

SIXTH SCHEDULE

[Regulations 2, 8 and 14]

[Sixth sch subs by reg 7 of SI 167 of 1996.]

PLANTS, THE IMPORTATION OF WHICH IS PROHIBITED

1.    Acacia, vegetable material of, from non-Convention countries

2.    Banana leaves severed from the plant, whether used as packing or otherwise, and banana fruits from non-Convention countries

3.    Capsicum spp., such as chillies and peppers, vegetative materials of, from non-Convention countries

4.    Cereals, small, such as barley, oats, rice, rye and wheat, vegetative materials of, from non-Convention countries

5.    Chestnut, and all other species of Castanea, plants from North America or from any other country where chestnut canker (Endothia parasitica (Murr.) Anderson and Anderson) is known by the Permanent Secretary to exist

6.    Citrus fruits, fresh and dried citrus peel, but not including candied citrus peel, from any territory

7.    Citrus, rooted vegetable material of, from non-Convention countries

8.    Clover (Trifolium spp.) fodder or vegetable material of, from non-Convention countries

9.    Cocoa (Theobroma cocoa), fruits of, from non-Convention countries

10.    Coconut plants, from non-Convention countries

11.    Coffee, fruits (coffee cherries) of, from non-Convention countries

12.    Conifers, vegetative material of, from non-Convention countries (Note: this will include most "Christmas trees")

13.    Cotton, vegetative material of, from non-Convention countries

14.    Dahlia, vegetative material of,

15.    Elm, and all other species of Ulmus and Zeikova, plants from Europe or any country where Dutch elm disease (Ceratocystis ulmi) is known by the Permanent Secretary to exist

16.    Eucalyptus spp., vegetative material of, from non-Convention countries

17.    Grape vine and all other species of Vitaceae, plants from China, Japan, Korea or Mancuria

18.    Hibiscus and all species of Malvaceae, vegetative material of, from North and Central America

19.    Lucerne, hay and vegetative material of, from non-Convention countries

20.    Maize, vegetative material of, and straw for packing from non-Convention countries and seed of, from Asia

21.    Oak (Quercus spp.), vegetative material of, from non-Convention countries

22.    Opuntia spp., including spineless cactus, vegetative material, seed and fruit of, for propagation

23.    Pea (Pisum, Dolichos, Lathyrus and Vicia spp.), vegetative material of, from non-Convention countries

24.    Peach, including nectarine, stones and seed from non-Convention countries

25.    Plantain (Platanus spp.), vegetative material of, non-Convention countries

26.    Potato, vegetative material of, except tubers from non-Convention countries

27.    Rice, vegetative material of, from non-Convention countries

28.    Rose, and all other species of Rosacea plants

29.    Rubber (Hevea spp.) plants

30.    Soyabean, vegetative material of, from non-Convention countries

31.    Sunflower (Helianthus spp.), including Jerusalem artichoke, vegetative material of, from non-Convention countries

32.    Sweet potato tubers for consumption from non-Convention countries

33.    Tea plants

34.    Tobacco, vegetative material of, from non-Convention countries

35.    Tomato, vegetative material of, from non-Convention countries

36.    Forest trees of species not specified elsewhere in this Schedule, vegetative material of, from non-Convention countries

SEVENTH SCHEDULE

[Regulations 2 and 15]

[Seventh sch subs by reg 7 of SI 167 of 1996.]

PLANTS, THE IMPORTATION OF WHICH IS SUBJECT TO SPECIAL CONDITIONS

EIGHTH SCHEDULE

[Regulations 8 and 16]

PLANTS, THE IMPORTATION OF WHICH FROM SOUTH AFRICA IS SUBJECT TO SPECIAL CONDITIONS

[Am by GN 90 of 1964 and SI 217 of 1972.]

PLANT PESTS AND DISEASES (NURSERY) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Registration of nurseries

    3.    Sale of nursery stock

    4.    Removal of plants, etc., from infested nurseries

    5.    Inspection of infested nurseries

    6.    Destruction of infested plants

    7.    Fumigation of nursery stock

    8.    Chamber for fumigation

    9.    Manner of fumigation

    10.    Labelling of nursery stock

        FIRST SCHEDULE

        SECOND SCHEDULE

Act 13 of 1994,

GN 286 of 1961,

GN 364 of 1962,

GN 90 of 1964,

GN 497 of 1964,

SI 152 of 1996.

[Regulations by the Minister]

1.    Title

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

2.    Registration of nurseries

    (1) Every nurseryman shall, before the 1st January each year, apply to the Permanent Secretary, Ministry of Agriculture, P.O. Box RW, Lusaka, for the registration of his nursery.

    (2) The owner or other person responsible for the management of a nursery which is established after the 1st January of any year shall make the application referred to in sub-regulation (1) within 60 days of the date on which it was established.

    (3) A registration fee of one hundred and fifty penalty units shall be submitted with each application for registration.

    (4) On receipt of an application for registration and the registration fee, the Permanent Secretary shall—

    (a)    if he agrees to register the nursery, register the nursery in a register to be kept for the purpose and notify the nurseryman of the fact that he has been registered;

    (b)    if he refuses to register the nursery, return the registration fee to the nurseryman and notify the nurseryman of the reason for the refusal to register the nursery.

[Am by GN 364 of 1962; GN 90 of 1964 and Act 13 of 1994.]

3.    Sale of nursery stock

No person shall, without special written authority from the Minister, sell or expose for sale nursery stock grown or cultivated in Zambia unless—

    (a)    it has been grown or cultivated in a registered nursery;

    (b)    it is labelled in accordance with the provisions of regulation 10.

[Am by GN 90 of 1964.]

4.    Removal of plants, etc., from infested nurseries

Where a nursery or portion thereof has been declared an infested area, no person, other than an inspector, shall remove, cause to be removed or allow the removal of any compost, growing media, manure or plants from that infested area unless such removal is—

    (a)    ordered by an inspector;

    (b)    effected for the purpose of treating or destroying the compost, growing media, manure or plants.

5.    Inspection of infested nurseries

    (1) Where a nursery or portion thereof has been declared an infested area, the nurseryman may apply to the Permanent Secretary for such infested area or any portion thereof to be inspected by an inspector for the purpose of ascertaining whether or not it is free from the infestation.

    (2) An inspection in terms of sub-regulation (1) shall not be carried out unless the nurseryman certifies that—

    (a)    all nursery stock on the premises, or the portion thereof which has been ordered to be treated by the inspector at the time of the declaration of the infested area, has been fumigated in the manner set out in the First Schedule; or

    (b)    a period of six weeks has elapsed since the remedial treatment, other than fumigation, ordered by the inspector has last been applied to the area to be inspected.

    (3) The cost of an inspection in terms of sub-regulation (1), or of such portion thereof as the Minister determines, shall be paid by the nurseryman.

[Am by GN 364 of 1962 and GN 90 of 1964.]

6.    Destruction of infested plants

An inspector may—

    (a)    destroy or order by notice in writing the destruction of any plants in a nursery which are infested, or appear to be infested, with any pest liable to be disseminated with nursery stock; or

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

7.    Fumigation of nursery stock

    (1) No person shall remove or cause or permit the removal of nursery stock from a nursery unless such stock has been fumigated—

    (a)    in a chamber complying with the provisions of regulation 8;

    (b)    in a manner complying with the provisions of regulation 9;

not more than 48 hours before removal from the nursery.

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

8.    Chamber for fumigation

    (1) A chamber for the fumigation of nursery stock in terms of regulation 7 shall be air-tight and shall be constructed of brick, concrete or other strong, durable, gas-proof and rigid material.

    (2) The chamber referred to in sub-regulation (1) shall be provided with racking or other means to ensure the free circulation of the fumigant around and beneath nursery stock contained therein.

9.    Manner of fumigation

    (1) Nursery stock to be fumigated in terms of regulation 7 shall be fumigated in the manner set out in the First Schedule.

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

10.    Labelling of nursery stock

    (1) A nurseryman shall label nursery stock despatched from his nursery with a label in one of the forms set out in the Second Schedule.

    (2) A nurseryman may use either Form 1 or Form 2 or both forms:

Provided that if the nurseryman uses Form 2 only he shall label each item of nursery stock dispatched from his nursery with that label.

FIRST SCHEDULE

[Regulations 5 and 9]

[First sch subs by reg 2 of SI 152 of 1996.]

MANNER OF FUMIGATING NURSERY STOCK

1.    Fumigation shall be applied with fumigants at rates as recommended by an inspector or as specified by the manufacturer’s product level.

2.    The plants shall be placed so that the gas has access to every portion of their surfaces which grow above ground.

3.    The chamber shall be securely closed as soon as, or before, the generation of gas begins and shall be kept closed.

4.    Fumigation shall be carried out at a temperature of between 18 degrees and 24 degrees centigrade, with an optimum temperature of 20 degrees centigrade.

SECOND SCHEDULE

[Regulation 10]

FORM 1

THE PLANT PESTS AND DISEASES (NURSERY) REGULATIONS

This label may be used for consignments of nursery stock containing several plants as well as for single items

I certify that the plants herewith consigned, namely—

    (1) .............................................................................. for

    (2) .................................................................................................of

    (3) ...................................................................................................................., are produced from a nursery registered

under the Plant Pests and Diseases (Nursery) Regulations, and that the provisions of those Regulations, including those relating to fumigation, have been complied with.

Registered nursery

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

Nurseryman

Address ...................................................................................

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

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

    (1) State number of bales or other containers and kinds of plants.

    (2) Give consignee’s name.

    (3) Give consignee’s address.

[Am by GN 90 of 1964.]

FORM 2

THE PLANT PESTS AND DISEASES (NURSERY) REGULATIONS

This label may be used for single items of nursery stock only

This plant is produced at the Nurseries, registered under the Plant Pests and Diseases (Nursery) Regulations, the provisions of which have been complied with.

PLANT PESTS AND DISEASES (POTATO AND TOBACCO GROWING) REGULATIONS

[Section 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Growing of potatoes and tobacco

    4.    Duty to furnish information

GN 199 of 1963.

[Regulations by the Minister]

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"farm" means a continuous area of land—

    (a)    under the ownership of the same person or group of persons; and

    (b)    on which potatoes or tobacco or both are cultivated;

"field potatoes" means potatoes—

    (a)    in active growth so that growing parts of the plants are visible above the ground; and

    (b)    growing on a farm or part of a farm in an area greater than one-quarter of an acre;

"field tobacco" means tobacco which is growing on a farm, but does not include tobacco which has been sown in seed-beds from which it has not been transplanted into fields.

3.    Growing of potatoes and tobacco

    (1) Subject to the provisions of sub-regulation (2), no person shall grow field potatoes and field tobacco at the same time on a farm between the 1st October and the 31st March in any growing season.

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

4.    Duty to furnish information

Any person who knows or suspects that the disease known as tobacco vein-browing virus is present on his farm shall inform the Minister without delay.

PLANT PESTS AND DISEASES (LARGER GRAIN BORER INFESTED AREAS) (DECLARATION) ORDER

[Section 4]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of infested area

    3.    Prohibition of removal of grain from infested area

        SCHEDULE

SI 37 of 1996.

1.    Title

This Order may be cited as the Plant Pests and Diseases (Larger Grain Borer Infested Areas) (Declaration) Order.

2.    Declaration of infested area

The provinces specified in the Schedule are hereby declared larger grain borer infested areas.

3.    Prohibition of removal of grain from infested area

A person shall not remove any grain from the provinces specified in the Schedule to another province, unless he has written permission from an inspector to do so.

SCHEDULE

[Paragraphs 2 and 3]

LARGER GRAIN BORER INFESTED AREAS

1.    Northern Province

2.    Central Province

3.    Southern Province

PLANT PESTS AND DISEASES (CONTROL OF LARGER GRAIN BORER, LGB) REGULATIONS

[Section 4]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Report of pest infestation

    4.    Orders to eradicate the pest

    5.    Treatment of transport and storage of infested article

    6.    Recovery of treatment costs from owner of article

    7.    Powers of inspectors

    8.    Offences and penalties

SI 153 of 1996.

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Control of Larger Grain Borer, LGB) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"article" includes growing or stored maize, beans cow peas, chickpeas, groundnuts, coffee, dried cassava, bamboo, timber and its products and materials used in the construction of cribs;

"borer" means the Larger Grain Borer, LGB;

"dusting" means dusting with an insecticide or an insecticide mixture in a manner recommended by an inspector, and "dusted" shall be construed accordingly;

"person in charge" includes the master or agent of any vessel, the captain or agent of any aircraft, the driver of any vehicle and the occupier or owner of any building or premises; and

"treatment" means treatment with insecticide or an insecticide mixture in a manner recommended by an inspector, and "treated" shall be construed accordingly.

3.    Report of pest infestation

Any owner or person in charge of a consignment of any article whether imported into Zambia, in transit or produced locally, who has reasonable cause to believe that the consignment is infested with the borer shall immediately report the infestation to an inspector.

4.    Orders to eradicate the pest

An inspector who has reasonable cause to suspect that any article or consignment of any article is infested with or is being removed or transported from an area infested with the borer, shall—

    (a)    order the owner or person in charge of such consignment of article to cause such article to be dusted, fumigated or treated with insecticide;

    (b)    order the immediate destruction of such articles, if in the Inspector’s opinion dusting, fumigation or treatment with insecticide is impracticable and will not be a complete safeguard or the day caused by such dusting, fumigation or treatment with insecticide would give rise to the introduction or spread of the borer to other areas; or

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

5.    Treatment of transport and storage of infested article

An inspector who has reasonable cause to suspect that any vessel, vehicle, aircraft, building or premises is being used for conveyance, transport or storage of any article infested with the borer shall order any person in charge of such vessel, vehicle, aircraft, building or premises to be dusted, fumigated or treated with insecticide as may be directed by the inspector.

6.    Recovery of treatment costs from owner of article

    (1) Where any person in possession or control of any article, vessel, vehicle or premises fails to obey an order by the inspector under regulations 4 and 5, the inspector shall cause such article to be dusted, fumigated or treated with insecticide and may recover from the owner or person in possession of such article the cost of the dusting, fumigation or treatment with insecticide.

    (2) The treatment costs payable in respect of any article, vessel or vehicle shall, from the time they shall be paid, constitute a debt due to the Republic by the person concerned, and may after they become due be recoverable in any court of competent jurisdiction at the instance of the Attorney-General.

7.    Powers of inspectors

    (1) An inspector may stop, inspect or search any vessel, aircraft or vehicle which the inspector suspects is being or has been used for conveyance, removal or transportation of any article infested with the borer from an infested area.

    (2) An inspector may for the purpose of exercising the powers under sub-regulation (1), erect or place barriers in or across any road, street or path leading to or from an infested area.

    (3) There shall be affixed to or prominently displayed adjacent to every barrier erected under sub-regulation (2), a notice bearing, in red letters, not less than ten centimetres in height, on a white background, the words "PEST CONTROL CHECKPOINT".

8.    Offences and penalties

Any person who—

    (a)    fails to permit or refuses an inspector access to any property or to inspect, examine or make inquiries in pursuance of the inspector’s duties;

    (b)    fails to comply with an order, direction or requirement of an inspector made under these Regulations; or

    (c)    in any manner obstructs an inspector in the execution of his duties under these Regulations;

shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three months or to both.

PLANT PESTS AND DISEASES (PESTS AND ALTERNATE HOSTS) ORDER

[Section 2(2)]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of pests

    3.    Declaration of pests of living tobacco

    4.    Declaration of pests of cured tobacco

    5.    Declaration of pests of cotton

    6.    Declaration of pests of nursery stock

    7.    Declaration of pests of coffee

    8.    Declaration of pests of unmanufactured plant products

    9.    Declaration of alternate hosts

    10.    Revocation of S.I. No. 198 of 1963

        SCHEDULE

SI 166 of 1996.

1.    Title

This Order may be cited as the Plant Pests and Diseases (Pests and Alternate Hosts) Order.

2.    Declaration of pests

The following injurious organisms are declared to be pests with a view to their control and the prevention of their spread:

A1.    Anthracnose blight of grapes ............ Colletotrichum tabcum ......... Boning

A1.    Bacterial blight of grapes .................. Erwinia vitivora .................... (Baccarini) Duplessis

A1.    Bacterial blight of peas ..................... Pseudomonas syringae .......... pv. Pisi Sackett

A1.    Bacterial canker of tomato ................ Clavibacter ............................ michiganensis subsp. michiganensis (E.F.S) Jensen

A1.    Bacterial ring-rot of potato ............... Corynebacterium .................... sepedonicum (Spiek and Kotth.) Skaptason and Burkholder

A1.    Bacterial streak of sugar cane ........... Xanthomonas campestris .......... pv. Vasculorum (Ashby) Down

A1.    Blister blight of tea .......... Exobasisium vexans .......... Massee

A1.    Blue mould of tobacco .......... Peronospora tabacina .......... (Adam)

A1.    Cercospora leaf spot of banana .......... Mycosphaerella musicola .......... Leach

A1.    Cereal foot rots .......... Helminthosporium spp.

A1.    Chestnut canker .......... Endothia parasitica .......... (Murr.) Anderson and Anderson

A1.    Sugar cane chloritic Streak virus .......... Sugar can virus

A1.    Citrus black fly .......... Aleurocanthus wollumi .......... Ashby

A1.    Citrus black spot .......... Guignardia citricarpa .......... Kiely

A1.    Citrus canker .......... Xanthomonas campestris .......... pv. Citri (Hasse) Dowson

A1.    Crown gall .......... Agrobacterium .......... tumefaciens (Smith and Townsend) Conn.

A1.    Crown wart of Lucerne .......... Urophlyctis alfalfae .......... (Lagerh.) Magnus

A1.    Dutch elm disease .......... Ophiostoma ulmi .......... (Buism.) C. Moreau

A1.    Ergot of rye .......... Claviceps purpurea Fr.(Tul.)

A1.    Fiji virus disease of sugar cane .......... Sugar cane virus 2. Smith

A1.    Fireblight .......... Erwinia amylovora .......... (Burvill) Winslow et al.

A1.    Sweet potato internal Cork virus .......... Sweet potato virus

A1.    Lucerne wilt .......... Clavibacter .......... michiganensis subsp. insidiosum (McCulloch) Jensen

A1.    Onion smut .......... Urocystis cepulae Frost

A1.    Panama disease of banana .......... Fusarium (E.F.S.) Snyder and Hansen

A1.    Pierce’s disease of the grape .......... Medigo virus 3. Smith

A1.    Rose mosaic virus .......... Rose virus 1. Smith

A1.    Rose streak virus .......... Rose virus 4. Smith

A1.    Rose wilt virus .......... Rose virus 3. Smith

A1.    Stewart’s disease of maize .......... Erwinia stewartii .......... (E.F.S.) Dowson

A1.    Strawberry red core .......... Phytophthora fragariae .......... Hickman

A1.    Tomato spotted wilt virus .......... Tomato virus 3. Smith ..........

A1.    Wart disease of potato .......... Synchytrium .......... endobioticum (Schilb.) Percival

A1.    Golden nematode .......... Globodera rostochiensis .......... Wollenw.

A2.    Root-knot nematode .......... Meloidogyne spp.

A1.    Stem and bulb nematode .......... Ditylenchus dipscai .......... (Kuhn)

A2.    Cotton bollworm .......... Helicoverpa armigera .......... Horn

A1.    Apple codling moth .......... Cydia pomonella(L.)

A1.    Cereal midges .......... Contarinia spp. And Sitodiplosis cerasi (L.)

A1.    Cherry fruit-fly .......... Rhagoletis cerasi (L.)

A1.    Chrysanthemum midge .......... Diarthronomyia .......... chrysanthemi Ahlb.

A1.    Coffee berry borer .......... Hypothenemus hampei .......... (Ferr.)

A1.    Colorado beetle .......... Leptinotarsa .......... decemlineata (Say)

A1.    Dry wood termite .......... Croptotermes brevis .......... (Wlk.)

A1.    European house-borer .......... Hylotrupes bojulus (L.)

A1.    Japanese beetle .......... Popillia japonica .......... (Newm.)

A2.    Oriental fruit-fly .......... Dacus dorsalis Hend.

A1.    Oriental fruit-moth .......... Cydia molesta Busck.

A1.    Pink bollworm .......... Pectinophora gossypiella .......... (Saundi.)

A2.    Red Scale .......... Aonidiella aurantii Mask.

A1.    San Jose scale .......... Quadraspidiotus ………….. Perniciosus (Comst.)

A2.    Tobacco moth .......... Ephestia elutella Walk.

A1.    Tobacco vein-browning virus .......... Marmor upsilon Hohmes .......... var. costaenecans Klink and Schmelz

A1.    Woolly apple aphid .......... Eriosoma lannigerum .......... (Hsm.)

A2.    African migratory locust ......... Locusta migratoria .......... Migratorioides Rch. And Frm.

A2.    Red locust .......... Nomadacris .......... Septemfasciata (Serv.)

A2.    Dried bamboo borer .......... Dinoderus spp.

A1.    Mango mealy-bug .......... Rastrococcus invadens .......... Wiliams

A1.    Spiralling white fly .......... Aleurodicus disperses .......... Russell

A2.    Cassava mealy bug .......... Phenococcus manihoti .......... Mat. Ferr.

A2.    cassava green mites .......... Mononychellus tanajoa .......... Bondar

A1.    Brown locust .......... Locustana pardalina .......... Walker

A1.    Desert locust .......... Schistocerca gregaria .......... Forskal

A2.    African armyworm .......... Spodoptera .......... Exempta Wlk

3.    Declaration of pests of living tobacco

The following injurious organisms are declared to be pests in respect of living tobacco with a view to their control and the prevention of their spread:

A2.    Tobacco leaf curl ................... Tobacco virus 10. Smith

A2.    Tobacco rosette

4.    Declaration of pests of cured tobacco

The following injurious organisms are declared to be pests in respect of tobacco with a view to their control and the prevention of their spread:

A2.    Cigarette beetle ................ Lasioderma serricorne (F.)

A2.    Tobacco moth ................ Ephestia elutella Walk.

5.    Declaration of pests of cotton

The following injurious organisms are declared to be pests in respect of cotton with a view to their control and the prevention of their spread:

A2.    Cotton bollworm ............... Helicoverpa armigera ....................... (Hubner)

A2.    Cotton jassid ............... Jacobiella fascialis Jao.

A3.    Cotton stainers ............... Dysdercus spp.

A2.    Red bollworm ............... Diparopsis castanea ............... Hmps.

A2.    Spiny bollworm ............... Earias spp.

6.    Declaration of pests of nursery stock

The following injurious organisms are declared to be pests of nursery stock with a view to their control and the prevention of their spread:

A1.    Circular purple scale ............... Chrysomphalus ficus .........................Ashm.

A1.    Egyptian black scale ............... Chrysomphalus aonidum ............... (L.)

A1.    False circular purple scale ............... Chrysomphalus ............... pinnulifera diversicolor Green

A1.    False red scale (Panish red scale) ............... Chrysomphalus ............... Dictyospermi Morg.

A1.    Large red scale ............... Selenaspidus silvaticus Lind

A1.    Long scale ............... Lepidosaphes golverii ............... (Pack.) Kirk.

A1.    Oleander scale ............... Asidiotus hederae (Nal.) ............... Sign.

A1.    Purple scale (Mussel scale) ............... Lepidosaphes beckii ............... (Pack.) Kirk.

A1.    Ross’s black scale ............... Chrysomphalus rossi ............... Mask.

A1.    White peach scale ............... Aulacaspis pentagona ............... (Targ.)

A1.    Woolly apple aphid ............... Eriosoma lanigerum ............... (Hsm.)

A1.    Citrus psyllid ............... Trioza eryteae (Del. Guercio)

7.    Declaration of pests of coffee

The following injurious organisms are declared to be pests of unmanufactured plant products with a view to their control and the prevention of their spread:

A1.    Coffee berry borer ............... Hypothenemus hampei ............... (Ferr.)

A1.    Coffee bug ............... Antestiopsis orbitalis ............... Antestiopsis spp.

A1.    Common coffee mealy bug ............... Pseudococcus kenyae le ............... Pelley

8.    Declaration of pests of unmanufactured plant products

The following injurious organisms are declared to be pests of unmanufactured plant products with a view to their control and the prevention of their spread:

A1.    Firebrat ............... Thermobia domestica ............... (Packard)

A3.    Silverfish ............... Lepisma saccharina L.

A3.    American cockroach ............... Periplaneta americana ............... (L.)

A3.    Common cockroach ............... Blatta orientalis L.

A3.    German cockroach ............... Blattella germanica (L.)

A3.    Angoumois grain moth ............... Sitptrpga cerealella ............... (Olivier)

A1.    Brown house moth ............... pseudospretella (Stnt).

A1.    Carpet moth ............... Trichophaga tapetzella ............... (L.)

A2.    Dodder ............... Cuscuta spp.

A1.    Case-making clothes moth ............... Tinea pellionella (L.) ............... Tinea columbariella Wocke

A1.    Clothes moth ............... Tineola bisselliella ............... (Humm.)

A1.    Corn moth ............... Tinea granella (L.)

A1.    Dried-currant moth ............... Cadra cautella (Wlk)

A1.    Indian meal moth ............... Plodia interpunctella ............... (Hb.)

A1.    Lesser wax moth ............... Achroia grisella (F.)

A1.    Mediterranean flour moth ............... Anagasta kuehniella ............... (Zell.)

A1.    Raisin moth ............... Cadra figulilla ............... (Gregson)

A1.    Rice moth ............... Corcyra cephalonica ............... (Stnt.)

A1.    Tapestry moth ............... Trichophaga tapetzella (L.)

A1.    Wax moth ............... Galleria mellonella (L.)

A1.    African spider beetle ............... Stethomezium ............... Squamosum Hinton Mezium affine Boield.

A3.    Bean bruchid ............... Acanthoscelides obtectus (Say)

A1.    Australian carpet beetle ............... Anthrenocerus australis (Hope)

A1.    Australian spider beetle ............... Ptinus tectus Boield ............... Ptinus sexpunctatus Panz.

A1.    Bacon beetle ............... Dermestes lardarius (L.)

A1.    Biscuit beetle ............... Stegobium paniceum (L.) ............... Dorcatoma biblio-Phagum Magalh.

A1.    Black carpet beetle ............... Attagenus megatoma (F.)

A1.    Black fungus beetle ............... Alphitobius laevigatus (F.)

A2.    Broad-horned flour beetle ............... Gnathocerus cornutus (F.) ............... Gnathocerus maxillosus (F.)

A1.    Cadelle beetle ............... Tenebroides ............... mauritanicus (L.)

A3.    Confused flour beetle ............... Tribolium confusum ............... Duv.

A1.    Copra beetle ............... Nepcrobia rufipes ............... (Deg)

A1.    Corn sap beetle ............... Carpophilus ............... dimidiatus (F.)Carpophilus ligneus Murray

A3.    Cowpea bruchid ............... Callosobruchus analis (L.) ............... Callosobruchus chinensis (F.)

A1.    Dark flour beetle ............... Tribolium destructor ............... Uytt.

A1.    Dark meal worm ............... Tenebrio obscurus ............... (F.)

A1.    Depressed flour beetle ............... Palorus subdepressus ............... (Woll.)

A1.    Dried grain beetle ............... Capophilus ............... Hemipterus (L.)

A1.    Flat grain beetle ............... Cryptolestes pusillus ............... (Ol.)

A1.    Foreign grain beetle ............... Ahasverus advena ............... (Waltl.)

A1.    Fur beetle ............... Attagenus pellio (L.)

A1.    Furniture carpet beetle ............... Antrenus vorax Waterh.

A1.    Globular spider beetle ............... Trigonogenius Globules Sol.

A3.    Groundnut beetle ............... Caryedon serratus ............... Olivier

A1.    Hide beetle ............... Dermestes frischiii ............... Kug.

A1.    Hump spider beetle ............... Gibbium psylloides ............... (Czenp)

A1.    Japanese spider beetle ............... Pseudeurostus ............... hilleri(Rter.)

A2.    Khapra beetle ............... Trogoderma ............... granarium Everts

A1.    Larger cabinet beetle ............... Trogoderma ............... versicolor (Creutz.)

A1.    Leather beetle ............... Dermestes ............... maculatus Deg.

A1.    Lesser grain borer ............... Rhizopertha ............... dominica (F.)

A2.    Larger grain borer ............... Prostephanus ............... truncates Horn.

A1.    Lesser meal worm ............... Alphitobius ............... dia perinus (Panz.)

A1.    long-headed flour beetle ............... Latheticus oryzea ............... Waterh.

A1.    Merchant grain beetle ............... Oryzeaphilus ............... Mercator (Fauv)

A1.    Flat grain beetle ............... Cryptolestes ............... Ferrugineus (Steph.)Cryptolestes Pusilloides (Steel and Howe)Cryptolestes Turcicus (Grouv.)

A3.    Rust-red flour beetle ............... Tribolium ............... castaneum (Hbst.)

A3.    Saw-toothed grain beetle ............... Oryzaephilus ............... Surinamensis (L.)

A1.    Small-eyed flour beetle ............... Palorus ratzeburgi ............... (Wizzm.)

A1.    Varied carpet beetle ............... Anthrenus ............... Varbasci (L.)

A1.    White marked spider ............... Ptinus fur (L.)

A1.    Yellow mealworm ............... Tenebrio molitor ............... (L.)

A1.    Broad-nosed grain weevil ............... Caulophilus ............... latinasus (Say)

A1.    Cacao weevil ............... Araecerus ............... Fasciculatus (Deg.)

A1.    Grain weevil ............... Sitophilus ............... Granaries (L.)

A3.    weevil ............... Sitophilus ............... zeamais Motschulsky

9.    Declaration of alternate hosts

The plants specified in the first column of the Schedule are declared to be alternate hosts of the pests specified in the second column of the Schedule.

10.    Revocation of S.I. No. 198 of 1963

The Plant Pests and Diseases (Pests and Alternate Hosts) Order, 1963, is hereby revoked.

SCHEDULE

[Paragraph 9]

ALTERNATE HOSTS

PANTS .................. PESTS

Abelmoschus esulentus (L.) Moench ................ Pink bollworm

Dahlia spp. ............ Kromnek ............... Tomato virus 3. Smith

Hibiscus dongolensis Del. ................. Pink bollworm

NOTE:

A1= Dangerous pests which have not yet been introduced into the country and have a high epidemic potential.

A2= Dangerous pests which have been introduced in the country, but in restricted areas and have a moderate epidemic potential

A3= Pests which are common or wide spread in the country and needed to be Controlled by in-country quarantine.

PLANT PESTS AND DISEASES (FUMIGATION) REGULATIONS

[Sections 4 and 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Application and interpretation

    3.    Where fumigation can be used

    4.    Who can fumigate

    5.    Registration of fumigators

    6.    Requirement for registration as fumigator

    7.    Application for registration as fumigator

    8.    Registration as fumigator in case of partnership, or company

    9.    Ownership of certificate of registration as fumigator

    10.    Period of validity

    11.    Renewal of registration as fumigator

    12.    Cancellation of registration as fumigator

    13.    Appeal to Minister

    14.    Equipment

    15.    Code of Practice

    16.    Record of fumigation

    17.    Certificate of fumigation

    18.    Powers of service regarding registration of fumigators

    19.    Inspectors

    20.    Functions of an Inspector

    21.    Right of entry of an Inspector

    22.    Notification of fumigation

    23.    Offences

        FIRST SCHEDULE

        SECOND SCHEDULE

        THIRD SCHEDULE

        FOURTH SCHEDULE

SI 83 of 2001.

1.    Title

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

2.    Application and interpretation

    (1) These regulations shall apply to any and all fumigations of bagged commodities, carried out as a commercial or non-commercial activity, by any person or company.

    (2) In these Regulations, unless the context otherwise requires—

"fumigation" means the disinfestations of commodities by the use of a fumigant;

"fumigant" means phosphine or methyl bromide gas that is used for the purpose of killing invertebrate pests in stored products during the process of fumigation and shall include such other gases as the Minister may by statutory order designate for such purpose;

"fumigator" means a person have been registered as such with the Service;

"gas proof sheet" means a sheet made of polythene, polyvinyl chloride, polypropylene, or laminates thereof which are suitable for the purpose of fumigation, or a sheet of another type and quality as may be designated by the Minister for such purpose;

"sealed" means gas-tight based on minimum gas-loss rates and gas concentrations achieved during the exposure period and prior to aeration or ventilation; and

"Service" means the Plant Quarantine and Phytosanitary Service of the Ministry of Agriculture Food and Fisheries.

3.    Where fumigation can be used

Fumigation shall be used only in condition where gas-tight conditions under gas-proof sheets can be met.

4.    Who can fumigate

    (1) No person who is not a fumigator shall carry out or supervise a fumigation.

    (2) Any person who conducts or supervises fumigation without having been registered by the Service commits an offence and is liable on conviction to a fine not exceeding ten thousand penalty units.

5.    Registration of fumigators

The Service shall register fumigators who meet the requirements set out in Regulation 6.

6.    Requirement for registration as fumigator

    (1) Any person wishing to be a fumigator under these Regulations shall—

    (a)    have been certified competent in fumigation practices by a recognised training institution or authority on the subject of fumigation; or

    (b)    have—

        (i)    been working for a period of not less than six successive calendar months with a person being certified to be competent in fumigation practices;

        (ii)    assisted in not less than 15 fumigations, to be verified by the plant Quarantine and Phytosanitary Service during this period;

        (iii)    completed such period of attendance at an approved course of instruction; and

        (iv)    reached the required standard during written examinations and practical performance testing set and supervised by an examiner nominated by the Service;

    (c)    provide all relevant particulars or information as prescribed under sub-section (1);

    (d)    demonstrate to have in possession or have access to the equipment specified in the Third Schedule which equipment shall be in sufficient quantity and quality to perform any and all fumigations in accordance with the code of practices as specified in the Fourth Schedule.

7.    Application for registration as fumigator

    (1) Any application for registration as a fumigator shall be made to the service in the form set out in the Schedule.

    (2) Any application for registration as a fumigator shall be accompanied by a non-returnable fee specified in the First Schedule.

    (3) As soon as practicable after the receipt of such application the Service shall—

    (a)    if it is satisfied that the applicant complies with the requirement set out in regulation 6, register the applicant as a fumigator and issue the certificate of registration in the form set out in the Second Schedule;

    (b)    If it is not satisfied that the applicant complies with the requirement, set out in regulation 6 or if the applicant presents any false or misleading particulars or information regarding qualifications of the applicant or fumigation personnel, or it is of the opinion that by registering the applicant or the applicant as a fumigator, the life of the applicant or other person will be in jeopardy, refuse to register the applicant as a fumigator.

    (4) The refusal of an application for registration as a fumigator shall not prevent the making under these Regulations of a fresh application for registration as a fumigator by the same person at any subsequent time.

    (5) The registration of fumigator by the Service shall be subject to such terms and conditions as the Service may determine.

8.    Registration as fumigator in case of partnership, or company

    (1) Where an application is made for registration as a fumigator and the business to be sought is of a partnership, or company—

    (a)    the partners shall nominate one member of the partnership; or

    (b)    the company shall nominate one employee, who shall upon the application being granted by the service, be registered as a fumigator in respect of the partnership or the company, as the case may be.

    (2) Registration as a fumigator under these Regulations shall not be construed as affecting or limiting any present or future liability existing or arising between such partners, or between employee ad company, as the case may be, or between them and any third person.

9.    Ownership of certificate of registration as fumigator

A certificate of registration as a fumigator shall be the property of the person to whom it is issued, and shall not be transferable.

10.    Period of validity

A certificate of registration as a fumigator shall be valid for a period not exceeding one calendar year.

11.    Renewal of registration as fumigator

    (1) Any person registered as a fumigator under these Regulations, may apply for renewal of registration as fumigator to the service in the form set out in the Second Schedule, not more than three months and not less than one month before the expiry of such registration.

    (2) An application for renewal of registration as a fumigator shall be accompanied by the fee set out in the First Schedule.

12.    Cancellation of registration as fumigator

    (1) A registration as a fumigator may be cancelled by the service at any time when the fumigator—

    (a)    presents any false or misleading particulars or information on the qualifications of the fumigator and fumigation personnel;

    (b)    by malpractice, fails to carry out a fumigation to standards set out in the code of practice in the Fourth Schedule;

    (c)    fails to demonstrate at any time that the fumigator has in possession or has access to the equipment specified in the Third Schedule; or

    (d)    misrepresents facts or particulars relating to any fumigation.

    (2) In case of a member of a partnership or an employee of a company having been registered as a fumigator, the registration as a fumigator shall be cancelled automatically if such partnership or company is dissolved, or the employee is no longer employed by the firm or company, as the case may be.

    (3) Notification of cancellation of a registration as a fumigator shall be in the form set out in the Second Schedule, and shall state the reasons for the cancellation.

    (4) The cancellation of registration as a fumigator shall not prevent the making of a new application for registration as fumigator by the same person at any subsequent time.

13.    Appeal to Minister

    (1) Any applicant for registration as a fumigator whose application has been refused by the service under regulation 7, and any registered fumigator whose registration has been cancelled by the service under regulation 12, may within one month after receipt of notice such refusal, or cancellation appeal in writing to the Minister against the decision of the service.

    (2) In determining an appeal under this regulation the Minister may consult with the service and may affirm the decision of the Service, or may order the Service—

    (a)    to register the applicant as fumigator;

    (b)    to restore the registration as a fumigator;

and the service shall comply with such order.

14.    Equipment

    (1) Any person carrying out fumigations under these Regulations shall, at all times, have in possession or have access to the equipment specified in the Third Schedule.

    (2) The equipment referred to in sub-regulation (1) shall be of sufficient quantity and quality to perform properly any and all fumigations in accordance with the code of practice specified in the Fourth Schedule.

15.    Code of Practice

Any person carrying out fumigations under these Regulations shall comply with the code of practice specified in the Fourth Schedule.

16.    Record of fumigation

    (1) Any person that carries out the practice of fumigation shall keep a record of every fumigation, giving details of date and place where the fumigation was carried out, what commodity was exposed to the gas and dosage used in grams of gas per cubic metre or per metric tonne.

    (2) The record referred to in sub-regulation (1) shall include any other pest control measures undertaken in relation to that fumigation.

17.    Certificate of fumigation

    (1) Any person carrying out fumigation under these Regulation shall submit, within 14 days after having been registered as a fumigator, to the service a specimen copy of the company’s certificate of fumigation in accordance with the form set out in the Second Schedule, showing the company’s letter head, company stamp, and signature of the fumigator.

    (2) A certificate of fumigation shall be issued by any person carrying out any fumigation, on completion of such fumigation to the owner of the commodity fumigated.

18.    Powers of service regarding registration of fumigators

    (1) Upon application for registration or renewal of registration of a fumigator, the service may, if it considers it necessary for the purpose of its consideration of an application for registration or renewal of registration, cause an inspector to inspect and report on—

    (a)    Whether the person conducting fumigations under these Regulations meets with the requirements set out in regulation 6; or

    (b)    Whether the equipment specified in the Third Schedule is to be used or is being used for fumigation;

    (2) The Service may, if it considers it necessary for any fumigator, cause an inspector to inspect an report on—

    (a)    Whether the equipment which the fumigator if using is in accordance these Regulations;

    (b)    whether the fumigator is adhering to the code of practice specified in the fourth Schedule; or

    (c)    the record of fumigations.

    (3) If the service is not satisfied that a fumigator is carrying out fumigations in accordance with these Regulations, or if it is of the opinion that such person may place in jeopardy the life or health of fumigation personnel or other persons, it may—

    (a)    order the fumigator to discontinue the fumigation; or

    (b)    order the fumigator to put in place any measures as it may consider necessary in order to ensure that such person complies with the provisions of these Regulation.

19.    Inspectors

    (1) There shall be inspectors of the service for the purpose of inspection of fumigations, who shall be appointed by the Minister.

    (2) Inspector appointed under this regulation shall have their names notified in the Gazette.

    (3) Where a person is appointed inspector under this regulation the inspector shall, at all times, be answerable to the service for any decisions taken by the inspector in matters of fumigation.

    (4) The Minister shall cause a certificate of appointment to be issued to an inspector.

    (5) An inspector shall produce for inspection the certificate of appointment of that inspector upon the demand of any person affected by the exercise of any powers by the inspector under these Regulations.

20.    Functions of an Inspector

An inspector shall—

    (a)    inspect whether equipment used for the purpose of carrying out fumigations is in accordance with the requirements of these Regulations;

    (b)    inspect and monitor fumigations carried out by any person or company to ensure that these comply with the code of practice set out in the fourth Schedule;

    (c)    measure gas concentrations during fumigations to ascertain that the correct dosage of gas is being applied to kill all stages of invertebrate pests infesting the commodity under fumigation;

    (d)    ensure that the fumigation is being carried out safely;

    (e)    give courses is fumigation practices to persons or companies carrying out fumigations under these Regulations, as and when required;

    (f)    set both practical and theoretical examinations on fumigation;

    (g)    act as examiners during examinations set out under this regulation.

21.    Right of entry of an Inspector

An inspector in the course of official duties shall have the right of entry, at all reasonable times, to any premises or place which the inspector believes a fumigation may be taking place.

22.    Notification of fumigation

    (1) A fumigator shall give a minimum of two days prior notice to the service of any fumigation to carried out.

    (2) Any fumigator who fails to give the appropriate prior notice to the service of any fumigation to be carried out commits an offence and shall be liable upon conviction to a fine not exceeding 500 penalty units.

23.    Offences

Any person who—

    (a)    obstructs or impedes an inspector in the excise of any power conferred upon the inspector by or under these Regulations;

    (b)    refuses to furnish to an inspector, on request, any particulars or information to which the said inspector is entitled by or under these Regulations;

    (c)    wilfully or recklessly give to an inspector any false or misleading particulars or information with respect to any fact or particular to which the said inspector is entitled by or under these regulation;

    (d)    fails to demonstrate at any time that the person has in possession or has access to the equipment specified in the Third Schedule;

    (e)    by malpractice fails to carry out a fumigation in accordance with the standards specified in the code of practice set out in the Fourth Schedule; or

    (f)    for all purposes misrepresents facts or particulars relating to any fumigation; commits an offence and shall be liable upon conviction to a fine not exceeding 50,000 units.

FIRST SCHEDULE

[Regulations 7 and 11]

PRESCRIBED FEES

SECOND SCHEDULE

PRESCRIBED FORM

FORM NO. 1

[Regulations 7 and 11]

REPUBLIC OF ZAMBIA

The Plant Pests and Diseases (Fumigation) Regulation, 2001

APPLICATION FOR REGISTRATION AS FUMIGATOR

The Permanent Secretary
Ministry of Agriculture, food and Fisheries
Mount Makulu Central Research Station
Plant Quarantine and Phytosanitary Service
(Fumigation Regulations)
Private Bag 07
Chilanga

I, ………………… (State full names) of ………………………………………............................................................................................................................................................................................................................................................................................................................... (State postal and residential address, including telephone/fax number) employed by ................................................................................................. …………………………………………………………………………...............................................................................................
.............................................................................................................................................................................................................................................................................................................. (state full names of company and attach a company profile if applicable) of ……………………………………………………………………………………………................................................. ..................................................................................... (State postal and residential address, including telephone/fax number)
hereby wish to (delete as applicable):

1.    apply for registration as a fumigator

2.    renew my registration as a fumigator

APPLICANT

Highest qualification attained: ……………………………………………………………...................................................
(State institution and date, attach documents to this application)

Institutional training in fumigation …………………………………………………………....................................................
(State institution(s), duration and date(s), and attach documents)

In-service training in fumigation ………………………………………………………….....................................................
(State number and type of fumigations assisted in, and with whom-give contact address, including telephone/fax number)

Reference:

    (1) ……………………………………………………………………………..

    (2) ……………………………………………………………………………..

(State full names, postal/residential address and telephone/fax numbers)

EMPLOYEES ASSISTING IN FUNCTIONS

Training in fumigation received ……………………………………………………………

(Give full details for each employee, and attach relevant documents)

ASSETS

Fumigation sheets…………………………………………………………………………..

(State type and numbers)

Gas masks…………………………………………………………………………………..

(State type and numbers)

Canisters……………………………………………………………………………………

(State type and numbers)

Gas detention equipment ………………………………………………………………….

Sand snakes or lay flats tubing…………………………………………………………….

Repair materials……………………………………………………………………………

(give full details)

Safety equipment:………………………………………………………………………….

(give full details)

Miscellaneous other essential equipment:…………………………………………………

(give full details)

The listed equipment is owned by (Delete as applicable):

    (a)    The Applicant

    (b)    The Company by which the applicant is employed.

I hereby declare that all the information provided in this application for registration as a fumigation is true.

Date………………………………

Place:……………………………

……………………………….

(signature of applicant)

NOTES:

1.    If the registration is for a partnership of firm for a company, one member of the partnership firm or one employee of the company, as the case may be, must be nominated who will be registered as the fumigator for the purpose of these Regulations. This person must also sign the application form.

2.    Under Regulation 6 of these Regulations, the applicant may be required to sit for written examinations and/or submitted to a practical performance testing to demonstrate his competence to fumigate.

3.    Under Regulation 18 of these Regulations, the Plant quarantine and Phytosanitary Service may wish to have the applicant’s premises inspected for the presence of the prescribed equipment.

FORM NO. 2

[Regulation 7]

REPUBLIC OF ZAMBIA

The Plants Pests and Diseases (fumigation) Regulations, 2001

CERTIFICATE OF REGISTRATION AS A FUMIGATOR

No. ………….....

This is to certify that ……………………………………………………… (State full name) of……………………………………employed by……………………………………….......………(State full name of company) of……………………………………………...............…(State postal and residential address) has been registered as a fumigator with the Plant Quarantine and Phytosanitary Service, Ministry of Agriculture, Food and Fisheries for the purpose of……………………………………………………Phosphine fumigation of bagged commodities

This certificate is valid for the period…………………………… 20..…. to 20…..

Date……………………………………….

Name………………………………………

Signature…………………………………..

Company stamp

Plant Quarantine and Phytosanitary Service

This Certificate should be displayed in a prominent place on the premises.

FORM NO. 3

[Regulation 12]

REPUBLIC OF ZAMBIA

The Plant Pests and Diseases (Fumigation) Regulations, 2001

CANCELLATION OF REGISTRATION AS A FUMIGATOR

To:…………………………………………………………………………………………

(State full name)

of………………………………………………………………………………………….

(state full name)

employed by:………………………………………………………………………………

of…………………………………………………………………………………………..

(State postal and residential address)

I wish to inform you that your Registration as a Fumigator No. …………….. has been revoked in terms of Regulation 12 of the Plant Pests and Diseases (Fumigation) regulations with effect from the date for the following reason(s):

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Should you comply with the above requirements, you may re-apply for registration as a fumigator.

Date: ………………………………

Name………………………………

Signature………………………….

(Company stamp)

FORM NO. 4

[Regulation 17]

Company Name:……………………………………………………………………………

CERTIFICATE OF FUMIGATION NO. ……………….....................................................

This is to certify that: Commodity………………………………………………………………………………(State quantity in m3 or MT) Location………………………Tele/fax…………………..E-mail……………………… Client ……………………………… has been fumigated in compliance with the Code of Practice.

Type of fumigant:…………………………………………………………………………

Dosage:………………………………………………………………………………….....
(state dosage in gram per m3 MT, or number of tables, pellets or sachets per m3 MT)

Final gas concentration:…………………………………………………………………..
(State in mg/l or ppm)

Exposure period from:………………………….. to…………………………………
(State date and time) (State date and time)

Number of hours:…………………………………………Ambient Temperature………..

Fumigator:…………………………………………………………………………………..
(State name and company)

Registration No:……………………………………………………………………………..

Assisting Personnel…………………………………………………………………………

Any other control measure applied :……………………………………………….............

Place of issue……………………………………….

Date…………………………………………………..

Name…………………………………………………

Signature……………………………………………..

Company Stamp

FOR VERIFICATION BY PLANT QUARANTINE AND PHYTOSANITARY SERVICE

Inspector………………………….

PHI No………………………….....

Signature………………………….

Company Stamp

THIRD SCHEDULE

[Regulations 6 and 14]

PRESCRIBED EQUIPMENT

Gas proof sheets

Gas proof sheets made of polythene, polyvinyl chloride, polypropylene, or laminates thereof, or of another type and quality as from time to time may be designated by the Minister, suitable for the purpose of fumigation.

Sheets must be in good condition and free from holes. Any repairs carried out must have been done to an acceptable standard using gas materials.

Gas masks or other respiratory protection

Full face type respirators with canisters suitable for the gases being used (type B or type CC for phosphine; type A for methyl bromide). Gas respirators should be in good condition and held in sufficient numbers so that all persons concerned with the fumigation will be protected.

Self-contained breathing apparatus in good condition, where desired, may be used as an alternative to gas masks, but in any event , should be available at the ready fumigation in case of unforeseen hazards and emergencies.

Canisters

Canisters both used unused shall be within their expiry dates. Unused canisters must have their seals intact until they are opened for use. When not in use canisters, of which the seal has been broken, shall be removed from the masks and shall be resealed with the originally supplied top and bottom seals. Canisters that are not used within six months of breaking the bottom seal, shall be discarded, even if there has been no exposure to fumigant.

Gas detection equipment

Enough of approved gas detecting apparatus to measure the quantity of gas present in the air and within the sealed enclosure.

Minimum requirements:

Phosphine

Appropriate gas monitoring apparatus and capillary lines.

If detector tubes are being used, they should be in the following range:

-    0.1-4.0 ppm or equivalent

-    50.0-1000 ppm or equivalent

Methyl bromide

Gas detector (halide) lamp in good working order.

-    gas detector tubes (5 ppm and below) for monitoring

Threshold Limit Values (TLV)

-    gas monitor and tubing for monitoring gas concentrations in the fumigation enclosure.

Sand snakes

Made up of a suitable material to hold sand or soil, in sufficient numbers to completely surround any fumigation being carried out, with a 10cm overlap of each sand snake, and with double layering at corners. If lay flats tubing is used, it should be of not less than 12cm diameter, in sufficient quantity to make the number if sand snakes required.

Repair materials - Repair kits for gas proof sheets

- Masking and sealing tape

- Mastic or Joining compound

- Paste and repair

- Cement and Sand

Safety Equipment - Warning notices of sufficient number and size (at least 50cm x 40cm)

- Overalls and gloves

- First aid kit

Miscellaneous equipment - Measuring tape 50 metre

- Rope (10 metres)

- Tools (as necessary depending on type of fumigation)

- Broom, bucket, shoval

- Fumigation register/card index

- Sampling spear (s)

- Thermometer (probe type)

- Samples bags

Special equipment - Cylinder fittings: on-off valve, pressure gauge Schrader valve, filter couplings

For methyl bromide

Fumigation - Heavy duty foot pump

- Scale capillary gas sampling line

- Nylon capillary gas sampling line

- Methyl bromide vaporiser with manifold and hole

FOURTH SCHEDULE

[Regulations 5 and 15]

CODE OF PRACTICE:

Fumigation of Bagged Commodities under gas Proof Sheets

(Phospine)

1.    All fumigation shall be carried out by full trained personnel and supervised by a licensed Fumigator-in-charge. Personnel carrying out fumigations shall at all times wear protective clothing appropriate for the work they are carrying out. They shall also observe all safety measures that are necessary to protect themselves and other during a fumigation.

2.    All areas where a fumigation will take place, shall be inspected before the fumigation to ensure that it can be carried out safely and effectively. A minimum distance of 100 meteres shall be observed from the fumigation area to the nearest public area or dwellings.

3.    Where there is any doubt about safety, or the ability to make a complete seal between the floor and sheet, fumigation shall not take place.

4.    Store managers and operational personnel shall be informed well in advance when the fumigation will take place.

5.    In the case of small stores, when operations commence all personnel not concerned with the fumigation procedures shall be cleared from the store.

In larger stores they shall be confined to an area considered safe by the Fumigator-in-charge.

6.    Stacks to be fumigated shall be built on dun age. Size of the stacks shall be commensurate with available gas-proof sheets. It is advisable that stacks are of a size that can be covered with a single sheet.

7.    The floor on which the stack is to be fumigated shall be smooth, clean and free of spilled grain. If a suitable gas-proof floor is not available, stacks shall be constructed on gas-proof floor-sheet.

8.    Unsafe stacks shall be rebuilt and made safe.

9.    Only fumigation sheets of a type and quality approved by the Plant Quarantine and Phytosanitary Service, shall be used.

10.    Approved sheets used during fumigation shall always be in good state of repair.

11.    Stacks to be fumigated shall be completely covered by the sheets(s) with at least one metre of sheet on the floor all round the stack.

12.    Where more than one sheet is used to over a stack, they shall be joined by rolling or folding at least one metre of the respective sheets together along the whole length of the joint.

13.    The joints (s) shall be held firmly in place with fumigation clamps along the entire length of the rolled joints(s). Sand snakes may be used for ensuring a good seal of rolled joints on top of the stacks only.

14.    Sheets shall be sealed to the floor with sand snakes of a suitable weight and width to give at least 15cm ground contract. The ends of each sand snakes shall overlap when laid in position. A double row of sand snakes shall be used on each corner of the stack. Sheets shall be checked for any holes or other damage. Any holes or damages parts shall be sealed or repaired, using pieces of discarded sheet material and glue suitable for the purpose.

15.    Prior to the application of the gas, the Fumigator-in-charge shall double-check that everything is satisfactory and warning notices shall be placed in prominent positions.

16.    Phosphine generating formulations such as pellets and tables, shall be laid on disposable cardboard trays or other suitable containers to aid the complete removal of residues at the end of fumigation exposure) period. Phosphine generating formulations in the form of sachets can be conveniently used by hanging them form between bags on the vertical sides of the stack.

17.    Aluminium phosphine tablets when placed on trays shall be separated from one another and not placed in piles. Pilling the tables in a dangerous practice, and shall be avoided. Magnesium phosphide preparations are not recommended for Zambia due to rapid gas evolution rated on exposure to high ambient air temperature and as such posing high risk to the staff carrying out the fumigation.

18.    Application of phosphine:

    (a)    before sheeting up, all spillage around the stack shall be removed. Spillage shall either be destroyed or bagged and put on the side of the stack to be fumigated.

    (b)    cover the stack with fumigation sheets, close the sheeting seal the joints and corners, and put the sand snakes in position. Put out warning notices. In larger stores, erect a safety barrier;

    (c)    estimate the weight or volume of the commodity and calculate the dosage to be applied at the appropriate rate;

    (d)    determine where trays will have to be place;

    (e)    open the appropriate number of tins of Aluminium phosphide preparation. Wearing rubber or plastic gloves, place the calculated dosage of aluminium phosphide onto the trays. Insert the trays and put the last sand snakes in position;

    (f)    the entire contents of non-resalable tins or tubes should be used; check and dispose of empty containers by crushing and burying at a depth of 50cm or more in a safe location away from public areas and waterways;

    (g)    clean gloves in detergent solution after the formulation has been inserted and final sealing has been completed.

19.    Phosphine shall be applied at a rate not less than 1.5 grams of phosphine per cubic metre of space under fumigation for a period of not less than one hundred and 20 hours (5 days). This dosage equates to 2 grams of phosphine per tonne of bagged maize.

Storage factors for other bagged commodities will be different due to different bulk densities.

20.    In small stores where a stack is under fumigation, all doors and windows shall be kept locked during the period of fumigation to prevent the entry of unauthorised persons.

21.    In large stores where stacks are under fumigation, and it is necessary to work, the working area shall be given the Maximum ventilation possible during the period that work is continuing. This is best achieved by ensuring that all adjacent doors and windows are kept opened to ensure a maximum air flow.

22.    With fumigations using phosphine generating formulations a check for leaks shall be made within one hour of final sealing and again within a 4-12 hours period after the insertion of the formulation, using approved gas detection apparatus as an indicator of an excessive leakage or potential hazard. Any leaks found after insertion of the formulation and final sealing shall be sealed, using pieces of discarded sheet material and glue suitable for the purpose.

In large stores where stacks are under fumigation and it is necessary to work, additional regular checks shall be made.    If at any time gas is detected in quantities greater than the daily Threshold Limit Value (TLV) for phosphine (0.3ppm), such stores shall be evacuated immediately. At all times respirators shall be worn when checking for any leakage.

23.    Monitoring of phosphine concentrations in stacks during treatments will greatly assist in determining the effectiveness of the fumigation treatment. In all fumigations, a concentration of no less than 0.2mg/1 (ca. 150 ppm) of phosphine shall remain in a fumigation stack 120 hours after fumigation application.

24.    After the prescribed fumigation period under gas (120 hours for phosphine), removal of the gas/aeration should commerce. Final reading of gas contractions shall be taken at this stage, and recorded. In the event that final gas concentrations are below the minimum level, fumigation shall be considered a failure and shall have to be repeated.

26.    Ending of a phosphine fumigation:

    (a)    put on a respirator fitted with the appropriate canister, or a self-contained breathing apparatus;

    (b)    open all doors and windows in the store;

    (c)    check for the presence of gas using an appropriate gas testing device (detector tubes);

    (d)    remove the sand snakes, raise the corners of the sheet (s) open the rolled joints on the vertical sides if more than one sheets one sheet has been used, and quickly leave the area;

    (e)    leave for two hours;

    (f)    still wearing a respirator, return to open the sheet(s) still further, and again leave for a similar period.

    (g)    Check on the safety of the area with detector tubes;

    (h)    If the area is considered safe (ppm reading of 0.3 or less), remove the sheets, take away, check for any damages, repair if necessary and fold the sheets for the next fumigation;

    (i)    After another period of at least two hours, but preferably overnight, remove the spent residues and dispose of them by burial at a depth of 50cm or more in a safe location away from public places and waterways;

    (j)    Leave for 24 hours for ventilation;

    (k)    Remove all warning notices; visually inspect the external surfaces of the stack for any live insects;

    (l)    Complete a written record of the fumigation in a register and attach a copy of the record of the stack;

    (m)    A withholding of two days after ventilation shall be observed before a fumigated commodity is used for human consumption or stock feed.

The above description presumes that the sheets are required for another fumigation. If they are required, and if the grain in thoroughly dry, the sheets may be left in position, as to act as a physical barrier to cross-infestation.

27.    The fumigation shall be recorded in a register by the Fumigator-in-charge giving date, fumigation used, dosage, period under gas, type of commodity and any other treatments that may have been carried out.

28.    For all commercial and quarantine fumigations a fumigation certificate in the prescribed form shall be issued to the owner of the commodity.

CODE OF PRACTICE:

FUMIGATION OF BAGGED COMMODITIES UNDER GAS PROOF SHEETS

(Methyl bromide)

Methyl bromide shall be used for quarantine purposes only. All methyl bromide fumigations shall be supervised by an inspector.

1.    All fumigations shall be carried out by fully trained personnel and supervised by a licensed Fumigation-in-charge.

Personnel carrying out fumigation shall at all times wear protective clothing appropriate for the work they are carrying out. They shall also observe all safety measures that are necessary to protect themselves and other a fumigation.

2.    All areas where a fumigation will take place, shall be inspected before the fumigation to ensure that it can be carried out safely and effectively. A minimum distance of 100 metres shall be observed from the fumigation area to the nearest public area or dwellings.

3.    Where there is any doubt about safety, or the ability to make a complete seal between the floor and sheet, fumigation shall not take place.

4.    Store managers and operational personnel shall be informed well in advance when the fumigation will take place.

5.    In the case of small stores, when operations commence all personnel not concerned with the fumigation procedures, shall be cleared from the store. In large stores they shall be confined to an area considered safe by the Fumigator-in-charge.

6.    Stacks to be fumigated shall be built on dun age.

Sacks to be fumigated shall have one metre of clear space from walls, at least one metre over the top, clear of roof-trusses, and two metres of clear space between stacks.

7.    The floor on which the stack is to be fumigated shall be smooth, clean and free of spilled grain.

If a suitable gas proof floor is not available, snacks shall be constructed on a gas-proof floor-sheet.

8.    Unsafe stacks shall be rebuilt and made safe.

9.    Only fumigation sheets of a type and quality approved by the Plant Quarantine and Phytosanitary Service, shall be used.

10.    Approved sheets used during the fumigation shall always be in a good state of repair.

11.    Stacks to be fumigated shall be completely covered by the sheet(s) with at least one metre of sheet on the floor all round the stack.

12.    Where more than one sheet is used to cover a stack, they shall be joined by rolling or folding at least one metre of the respective sheets together along the whole length of the joint.

13.    The joint(s) shall be held firmly in place with fumigation clamps along the entire length of the rolled joint(s). Sand snakes may be used for ensuring a food seal of rolled joints on top of the stacks only.

14.    Sheets shall be sealed to the floor with sand snakes of a suitable weight and width to give at least 15cm ground contact.    The ends of each sand snakes shall overlap when laid in position.    A double row of sand snakes shall be used on each corner of the stack.

Sheet shall be checked for any holes or other damage. Any holes or damaged parts shall be sealed or repaired, using pieces of discarded sheet material and glue suitable for the purpose.

15.    Prior to the application of the gas, the Fumigator-in-charge shall double check that every is satisfactory and warning notices shall be placed in prominent positions. In places near public areas a watchmen shall be employed to keep people away from the fumigation area.

16.    Application of methyl bromide:

    (a)    estimate the weight or volume of the commodity to be fumigated and calculated the dosage to be applied at the dosage rate appropriate for commodity and the temperature;

    (b)    ensure that there is sufficient methyl bromide in the cylinder;

    (c)    prepare the stack for fumigation and make channels or pits in the top of the stacks for placing piping system outlets

    (d)    calculate the number of outlets required and choose a suitable piping layout;

    (e)    place the piping, arrange the jets and connect up to the filter, cylinder fittings and cylinder;

    (f)    cover the stack with fumigation sheets, close the sheeting, seal the joints and corners and put the sand snakes in position;

    (g)    make a final thorough check on the area around for possible hazards;

    (h)    put out warning notices. In larger stores, erect a safety barrier. Inform management and other concerned and issue appropriate instructions.

        (i)    Light halide lamps and put on respirators, fitted with appropriate canisters. Rubber gloves should not be worn;

    (j)    Pressurise the cylinder to between 80 and 100 psi (550 to 690 kN/m2) with a foot pump or compressor;

    (k)    Record the weight of the cylinder;

    (l)    Open the cylinder value and check for any leaks. Introduce a small quantity of methyl bromide, about 10 per cent of the full dose, by opening the side valve for a short period;

    (m)    Check for, and seal off, any leaks around the stack;

    (n)    Re-open the side value and introduction the methyl bromide until the scales indicated that the full dose has been given;

    (o)    Repeat the check for leaks;

    (p)    Uncouple the cylinder after blowing out the lines with the pump;

    (q)    Leave for not less than 24 or 48 hours;

    (r)    Methyl bromide concentrations in the fumigation enclosure shall be monitored at not less than six hours intervals during the fumigation period, using gas sampling lines which shall be fitted before application of the fumigant.

In the event of an emergency, for example if a delivery pipe becomes broken or disconnected and a leakage of fumigant is possible, one of the fumigators, wearing appropriate breathing apparatus, shall close the main cylinder valve and then withdraw from the risk area. All other fumigator shall withdraw at once. After a period of ventilation a fumigator shall check the concentration of the fumigant in the risk area whilst continuing to wear respiratory protective equipment. When the concentration is below the Short-Term Exposure Limit (STRL) he may then carry out the necessary adjustments or repairs.

17.    Methyl bromide shall be applied at 32 grams per cubic metre of space under fumigation for a fumigation (exposure) period of not less than 24 hours. Dosage shall be reduced to 20 grams per cubic metre if a 48 hours exposure period is possible.

18.    In small stores where a stack is under fumigation, all doors and windows shall be kept locked during the period of fumigation to prevent the entry of unauthorised persons.

19.    In large stores where stacks are under fumigation and it is necessary to work, the working area shall be given the maximum ventilation possible during the period that work is continuing. This is best achieved by ensuring that all adjacent doors and windows are kept opened to ensure a maximum air flow.

20.    With fumigations using methyl bromide, immediate and periodic checks for leaks shall be made, using approved gas detection apparatus as an indicator of any excessive leakage or potential hazard.    Any leaks found after introduction of the fumigant, shall be sealed using pieces of discarded sheet material and glue suitable for the purpose.

In large stores where stacks are under fumigation and it is necessary to work, and it is necessary to work, and if at any time gas is detected in quantities greater than the daily Threshold Limit Value (TLV) for methyl bromide (5ppm) the store shall be evacuated immediately.

21.    After the prescribed fumigation period under gas (24 or 48 hours for methyl bromide) removal of the gas/aeration should commerce. Final reading of gas concentrations should be taken at this stage, and recorded.

22.    In small stores by standers or any other non-concerned personnel shall be evacuated from the vicinity of the store prior to ventilation.

In large stores, by-standers or any other non-concerned personnel shall be evacuated from the vicinity of the stack under fumigation, prior to ventilation.

23.    Termination of a methyl bromide fumigation:

    (a)    put on a respirator fitted with the appropriate canister, or a self-contained breathing apparatus;

    (b)    open all doors and windows;

    (c)    remove the sand snakes, open up the stack at the corners and at the rolled joints on the vertical sides if more than one sheet has been used, and quickly leave the area;

    (d)    leave for one hour

    (e)    still wearing a respirator, return and open up the sheet(s) still further;

    (f)    leave for a period of two hours;

    (g)    still wearing a respirator, return to check on the safety of the area using a halide lamp or an appropriate gas detecting apparatus;

    (h)    if the area is considered safe (when using a gas detecting apparatus, ppm reading shall be 5 or less), remove the sheet(s) from the stack, take away, check for any damage, repair if necessary and fold the sheets for the next fumigation.\

    (i)    leave the stacks for several hours, but preferably overnight;

    (j)    check with a halide lamp or detector tube and leave for further ventilation, if necessary;

    (k)    when the area is clear of gas, remove the piping and jets;

    (l)    remove the warning notices;

    (m)    visually inspect the external surfaces of the stack for any live insects;

    (n)    check all equipment for damage and repair before storing or using again;

    (o)    complete a written record of the fumigation in a register and attach a copy of the record to the stack.

24.    The fumigation shall be recorded in a register by the Fumigator-in-charge giving date, fumigant used, dosage, period under gas type of commodity and any other treatments that may have been carried out.

25.    All quarantine fumigations shall be certified by an inspector. A fumigator certificate in the prescribed form shall be used to the owner of the commodity.

CODE OF PRACTICE FOR THE FUMIGATION OF COMMODITIES IN SEALABLE ENCLOSURES

(Phosphine)

It shall be observed that the use of phosphine for fumigation of cotton seed, linseeds and other oil seeds is not recommended due to excessive adsorption rates.

CODE OF PRACTICE FOR THE FUMIGATION OF COMMODITIES IN SEALED WAREHOUSES

(Phosphine)

It shall be observed that the use of phosphine for fumigation of cotton seed, linseeds and other oil seeds is not recommended due to excessive adsorption rates.

CODE OF PRACTICE: FUMIGATION OF COMMODITIES IN SEALED STORAGE STRUCTURES

(Phosphine)

It shall be observed that the use of phosphine for fumigation of cotton seed, linseeds and other oil seeds is not recommended due to excessive adsorption rates.

CODE OF PRACTICE: FUMIGATION OF COMMODITIES IN SEALED RAILWAY WAGONS

(Phosphine)

It shall be observed that the use of phosphine for fumigation of cotton seed, linseeds and other oil seeds is not recommended due to excessive adsorption rates.

CODE OF PRACTICE: FUMIGATION OF COMMODITIES IN SEALED TRANSPORT CONTAINERS

(Phosphine)

It shall be observed that the use of phosphine for fumigation of cotton seed, linseeds and other oil seeds is not recommended due to excessive adsorption rates.

CODE OF PRACTICE: FUMIGATION OF COMMODITIES IN SEALED ENCLOSURES

(Methyl Bromide)

Methyl bromide shall be used for quarantine fumigation only. All methyl bromide fumigations shall be supervised by an inspector.

PLANT PESTS AND DISEASES (PHYTOSANITARY CERTIFICATION) REGULATIONS

[Section 4]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY PROVISIONS

    1.    Title

    2.    Interpretation

PART II
PEST SURVEILLANCE

    3.    Pest surveillance

    4.    Area of pest surveillance

    5.    Pest surveillance report

    6.    Declaration of pest

    7.    Independent pest surveillance

    8.    Pest management

PART III
PEST RISK ANALYSIS

    9.    Pest risk analysis

    10.    Stages of pest risk analysis

    11.    Initial stage

    12.    Pest risk assessment stage

    13.    Pest risk management

    14.    Reporting on pest risk analysis

PART IV
PHYTOSANITARY PROCEDURE

    15.    Consignments subject to photosanitary procedure

    16.    Risk assessment

    17.    Phytosanitary procedure on consignment in transit

    18.    Non-discriminatory measures

    19.    Report

    20.    Prohibition of export of plant without phytosanitary certificate

    21.    Phytosanitary procedure on plants and plant products for export and re-export

    22.    Phytosanitary procedure on plants and plant products for export and import

SI 69 of 2020.

PART I
PRELIMINARY PROVISIONS

1.    Title

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

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"commodity" means a type of plant, plant product, or other article being moved for trade or other purpose;

"consignment" means a quantity of plants, plant products, plant materials or other articles being moved from one country to another which may be covered by a single phytosanitary certificate;

"consignment in transit" means a consignment which passes through a country without being imported in that country;

"import permit" means an official document authorising importation of a commodity in accordance with specified phytosanitary import requirements;

"International Plant Protection Convention" means the International Plant Convention which entered into force on the 3rd April, 1952 and was acceded to by Zambia on 24th of June, 1986;

"National Plant Protection Organisation" means the department in the ministry responsible for agriculture designated as a National Plant Protection Organisation in accordance with the International Plant Protection Convention;

"pest categorisation" means the process of determining whether a pest has the characteristics of a quarantine pest or those of a regulated non quarantine pest;

"pest risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine—

    (a)    if an organism is a pest;

    (b)    if an organism should be regulated; and

    (c)    the strength of any phytosanitary measure to be taken against an organism;

"pest status" means the presence or absence, at the present time, of a pest in an area, including where appropriate, its distribution, as officially determined using expert judgment on the basis of current and historical pests records and other information;

"pest surveillance" means an official process for the collection and records data on pest occurrence or absence by survey, monitoring or other procedures;

"phytosanitary certificate" means a certificate issued under the Plant Pests and Diseases (Importation) Regulations, 1994;

"phytosanitary measure" means a procedure undertaken to—

    (a)    prevent the introduction or spread of quarantine pests; or

    (b)    limit the impact of regulated non quarantine pests;

"phytosanitary procedure" means an official method of implementing a phytosanitary measure and includes the inspection, tests, surveillance or treatment of regulated pests;

"regulated pest" means a quarantine or regulated non quarantine pest;

"regulated non quarantine pest" means a non quarantine pest whose presence in plants affects the intended use of those plants and has an economic impact which is regulated within the territory of the importing country;

"survey" means an official 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; and

"quarantine pest" means a pest of potential economic importance to an area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled.

PART II
PEST SURVEILLANCE

3.    Pest surveillance

    (1) An inspector shall conduct a pest surveillance for the purpose of collecting and documenting pest information so as to—

    (a)    establish pest free areas;

    (b)    update the pest list;

    (c)    delimit an area for the presence or absence of a pest;

    (d)    determine the pest distribution and protection in an endangered area;

    (e)    report the presence of new pests to the National Plant Protection Organisation; and

    (f)    recommend measures for the prevention, control or management of the pest.

    (2) A pest surveillance carried out by an inspector may be general or specific.

    (3) A general pest surveillance shall—

    (a)    be used to collect information on pests, the occurrence of those pests, the place at which the pests are discovered for purposes of pest detection, identification, declaration, and compilation of a national pest list; or

    (b)    be transmitted to the relevant Authorities for record keeping, future reference and action.

    (4) A specific pest surveillance shall—

    (a)    detect the presence of pests for purposes of establishing a boundary for a pest free area over a defined period of time; and

    (b)    verify characteristics of a pest population in an area.

    (5) An inspector may, before carrying out a pest surveillance, collect the necessary information from reliable sources including a regional pest list, for the purpose of having a comprehensive and successful pest surveillance.

4.    Area of pest surveillance

An inspector may carry out a pest surveillance in any part of the Republic including—

    (a)    a forest, plantation or any other plant habitat including plant nurseries and growing media; and

    (b)    other areas such as warehouses, containers, water bodies and swamps.

5.    Pest surveillance report

    (1) An inspector who conducts pest surveillance shall, as soon as practicable after completion of the surveillance, submit to the National Plant Protection Organisation a comprehensive report of the findings.

    (2) The report under sub-regulation (1) shall include—

    (a)    the background information, purpose, period and area of the surveillance;

    (b)    sampling method used and frequency;

    (c)    identity of pest with scientific name;

    (d)    host or articles concerned;

    (e)    pest status;

    (f)    geographic distribution of the pest, including a map and Geographical Positioning System co-ordinates, where possible;

    (g)    assumptions made from the data collected; and

    (h)    the nature of the immediate or potential danger.

    (3) The National Plant Protection Organisation shall keep and maintain the record of the report submitted under sub-regulation (1).

    (4) The report under this regulation may be open for inspection by members of the public during normal working hours.

6.    Declaration of pest

    (1) The National Plant Protection Organisation shall be responsible for reporting pests identified by a pest surveillance conducted under these Regulations.

    (2) Where the National Plant Protection Organisation declares a pest under sub-regulation (1), that pest shall form part of the national pest list.

7.    Independent pest surveillance

    (1) Despite regulation 4, a person may carry out an independent pest surveillance for purposes of identifying new pests.

    (2) A person who, in the course of an independent pest surveillance identifies a pest, that person shall submit to the National Plant Protection Organisation a report of the independent surveillance as soon as it is practicable.

8.    Pest management

The National Plant Protection Organisation shall, on the recommendation of an inspector, implement measures to prevent, control or manage the distribution of a pest identified during a pest surveillance.

PART III
PEST RISK ANALYSIS

9.    Pest risk analysis

    (1) An inspector may conduct a pest risk analysis in order to—

    (a)    develop phytosanitary measures;

    (b)    analyse a pest associated with a commodity; and

    (c)    determine a commodity likely to be a pathway to a pest.

    (2) A pest risk analysis for a quarantine pest shall provide for—

    (a)    an assessment of the risk of pests to the environment;

    (b)    the management of the risk identified; and

    (c)    the economic impact of the pest.

10.    Stages of pest risk analysis

A pest risk analysis process consists of the—

    (a)    initiation stage;

    (b)    pest risk assessment stage; and

    (c)    pest risk management stage.

11.    Initial stage

An inspector shall identify a pest and pathway which is of quarantine concern to be considered for a pest risk analysis in relation to an identified endangered area.

12.    Pest risk assessment stage

An inspector shall, in carrying out a pest risk assessment provide for pest categorisation.

13.    Pest risk management

An inspector shall, in carrying out the pest risk management, identify and select appropriate risk management options to manage the pest.

14.    Reporting on pest risk analysis

    (1) An inspector shall, on completion of a pest risk analysis, submit to the National Plant Protection Organisation a report on the pest risk analysis.

    (2) The National Plant Protection Organisation shall, on receipt of the report under sub-regulation (1), transmit a copy of the report to relevant national, regional and international organisations.

PART IV
PHYTOSANITARY PROCEDURE

15.    Consignments subject to phytosanitary procedure

    (1) A person who imports, exports, transits or re-imports a consignment shall comply with the phytosanitary procedure under these Regulations.

    (2) An inspector may conduct a phytosanitary procedure on a plant, plant product or seed under these Regulations, which is—

    (a)    a consignment in transit through the Republic;

    (b)    being exported outside the Republic;

    (c)    for re-export from the Republic to the country of origin; and

    (d)    imported into the Republic.

16.    Risk assessment

    (1) An inspector shall, before conducting a phytosanitary procedure, assess the risk of a pest being introduced or spread to the country of transit or import.

    (2) An inspector who carries out an assessment under sub-regulation (1) may request and collect from an importer the following information, relating to that plant or plant product—

    (a)    the class of commodity to which the consignment belongs;

    (b)    the mode of transport used to transport the consignment;

    (c)    the regulated pest associated with that consignment;

    (d)    the possibility of that pest being introduced and spread;

    (e)    the material and method used to package the consignment;

    (f)    the atmospheric condition in the container in which the consignment is transported;

    (g)    the change in configuration;

    (h)    the duration of consignment in transit;

    (i)    the route taken to transport the consignment from the country of origin to the country of transit; and

    (j)    frequency, volume and season of consignment in transit.

17.    Phytosanitary procedure on consignment in transit

    (1) Subject to sub-regulation (2), an inspector shall conduct a phytosanitary procedure on a consignment in transit which poses a risk of introducing or spreading a pest and may require a phytosanitary measure unless the plant or plant product—

    (a)    is sealed;

    (b)    is isolated from any other consignment; or

    (c)    is kept in its original package.

    (2) Despite sub-regulation (1), an inspector may conduct a phytosanitary procedure if, after a risk assessment, it is established that a consignment in transit requires a phytosanitary measure.

    (3) An inspector may recommend to the customs authority that the consignment be subjected to further import requirements of the transit country, where the inspector—

    (a)    finds that the consignment in transit may have a risk of introducing or spreading a pest in the country of transit; and

    (b)    it is not reasonably practicable to conduct a phytosanitary procedure.

18.    Non-discriminatory measures

An inspector shall not conduct a phytosanitary measure that is more restrictive than that applied to the consignment in transit of the same phytosanitary status imported into that country of transit.

19.    Report

An inspector shall prepare a report containing the phytosanitary measure carried out and submit the report to the relevant department in the Ministry where an inspector—

    (a)    carries out a risk assessment;

    (b)    conducts a phytosanitary procedure; or

    (c)    makes a recommendation in accordance with regulation 18.

20.    Prohibition of export of plant without phytosanitary certificate

    (1) A person shall not export a plant or plant product without a phytosanitary certificate issued by an inspector under the Plant Pests and Diseases (Importation) Regulations.

    (2) A person who contravenes sub-regulation (1) commits an offence and is liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding six months, or to both.

21.    Phytosanitary procedure on plants and plant products for export and re-export

    (1) An inspector shall conduct a phytosanitary procedure on consignment before it is—

    (a)    exported to a country outside the Republic; or

    (b)    re-exported from the Republic to the country of origin.

    (2) An inspector who conducts a phytosanitary procedure and determines that a plant or plant product or seed is substantially free from the quarantine pest and phytosanitary requirements specified by the importing country and complies with procedures adopted by SADC, COMESA and other internationally recognised organisations, shall issue a phytosanitary certificate for the export of a plant, plant products, seed and other regulated articles to a SADC member State or COMESA member State, including other trading partners or member States.

22.    Phytosanitary procedure on plants and plant products for export and import

An inspector who conducts a phytosanitary procedure for import of plants and plant products or seed shall issue a plant import permit for the import a plant, plant products, seed and other regulated articles to a SADC member State or a COMESA member State, including other trading partners or member States.

PLANT PESTS AND DISEASES (PLANT QUARANTINE AND PHYTOSANITARY SERVICE FEES) REGULATIONS

[Sections 4, 9 and 29]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Fees

        SCHEDULE

SI 70 of 2020,

SI 41 of 2022.

1.    Title

These Regulations may be cited as the Plant Pests and Diseases (Plant Quarantine and Phytosanitary Service Fees) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"commercial" in relation to plants and plant products means plants or plant products whose end use is trade;

"fresh produce" means fresh fruits, vegetables and cut flowers that are exported to foreign markets;

"non-commercial" means plants or plant products whose end use is for domestic consumption; and

"premises" means a place where exportable crops are produced, processed or stored.

[Ins by reg 2 of SI 41 of 2022.]

3.    Fees

The fees set out in the Schedule are payable in respect of the matters specified therein.

SCHEDULE

[Regulation 3]

[Sch am by reg 3 of SI 41 of 2022.]

PRESCRIBED FEES