日本植物保护法

PLANT PROTECTION LAWCHAPTER 1 GENERAL PROVISIONS(PURPOSE OF THE LAW)Article 1. The objective of this Law is to ensure the stabilization and development of agricultural production by inspecting export plants, imported plants and domestic plants, by controlling injurious animals and plants and by preventing the outbreak and spread thereof.(DEFINITIONS)Article 2. 'Plants' as used in this law shall mean any plant (including a part thereof, seed, fruit and processed goods such as straw mat, straw bale or other similar products) belonging to phanerogam, pteridophyte or bryophyte, exclusive of injurious plants specified in next paragraph.2. ‘Injurious plants’ as used in this law shall mean any fungus, slime mold, bacterium, parasitic plant or virus which is directly or indirectly injurious to economic plants.3. ‘Injurious animals’ as used in this law shall mean insect, mite and other arthropod, nematode and other invertebrate animals, and certain vertebrate animals which are proven to be harmful to economic4. ‘Forecast of outbreak program’ as used in this law shall mean the undertaking in which the outbreak of damage on agricultural crops due to injurious animals and plants is surmised beforehand by investigating the conditions of propagation of injurious animals or plants, weather, growth of agricultural crops, etc. and the information obtained thereby is offered to the parties concerned, in order to ensure timely and economical control of injurious animals or plants.5. ‘Electronic information processing system’ as used in this law shall mean the electronic information processing system in which the electronic computer (including input/output devices, hereinafter the same) used by the Plant Protection Station is connected, through electronic communication lines, with the input/output devices used by the person who intends to report in accordance with the provision of Article 8, paragraph 1.(PLANT QUARANTINE OFFICIAL AND INSPECTOR)Article 3. Plant Quarantine Official shall be established in the Ministry of Agriculture Forestry and Fisheries to carry out the quarantine or the control stipulated in this Law.2. Temporary plant quarantine inspector may be established in the Ministry of Agriculture, Forestry and Fisheries to assist the business of quarantine control to be carried out by the Plant Quarantine3. Temporary plant quarantine inspector shall be a part time employee.(AUTHORITY OF PLANT QUARANTINE OFFTCIAL)Article 4. Plant Quarantine Official may, if he deems that there exist plants, packing materials or containers thereof which may be infested with injurious animals and plants, enter land, premises, warehouse, business office, ship, train or airplane and inspect the plants concerned, packing materials or containers thereof, or ask question of the person concerned, or collect, without compensation a necessary minimum of sample of plants concerned, packing materials or containers thereof, etc. for inspection.2. Plant Quarantine Official may, in case he deems that there is an infestation of injurious animals or plants as s result of inspection under the provision of the preceding paragraph, and when it is necessary to control the same or prevent the spread thereof, order any person in possession of, or managing the plants concerned, packing materials or containers thereof, land, premises, warehouse, business office, ship, train or airplane concerned to disinfect the same.3. In the case of the preceding paragraph, the provision of Article 20, paragraph 1 (Compensation Against Loss) shall apply with necessary modifications.4. The authority of inspection upon entering the premises, questioning and collection of sample under the provision of paragraph 1 shall not be construed as being approved for a criminal investigation.(CARRYING OF IDENTIFICATION CARD AND UNIFORM)Article 5. Plant Quarantine Official and Plant Quarantine Inspector shall carry in person their identification cards indicating their official status in carrying out their duties in accordance with this Law. The identification card shall be shown to the persons concerned when Plant Quarantine Official or Inspector exercises his authority under the provision of paragraph 1 of the preceding Article, or when he has been so requested by the person concerned.2. Uniform of Plant Quarantine Official shall be determined by the Minister of Agriculture, Forestry and Fisheries.CHAPTER 2 FOREIGN PLANT QUARANTINE(QUARANTINE PESTS)Article 5-2. ‘Quarantine pests’ as used in this Chapter shall mean the injurious animals and plants designated by the Ministerial Ordinance as those which, in case of their spread, are liable to cause damage to economic plants and coincide with either of the following items.(1) Injurious animals and plants not confirmed to exist in Japan.(2) Injurious animals and plants already present in a part of Japan and for which forecast of outbreak or other necessary control measures are being undertaken by the State.2. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries, in case he intends to establish the Ministerial Ordinance under the provision of the preceding paragraph, to hold a public hearing in advance and hear the opinions of interested parties and persons of knowledge and experience.(LIMITATION ON IMFORT)Article 6. Plants (excluding the plants not used for cultivation and designated by the Ministerial Ordinance as least liable to carry quarantine pests. Herein-after the same in this and next paragraph) and the packing materials or containers thereof shall not be imported unless the same are accompanied with phytosanitary certificate or a copy thereof issued by the government agency of exporting country certifying that the material has been inspected and found to be, or believed to be, free of injurious animals and plants. However, this shall not apply to the plants and packing materials or containers thereof listed in the following items.(1) Plants and packing materials or containers thereof shipped from the countries having no governmental organization for plant quarantine and which, for this reason, undergo a specially careful inspection under the provisions of this Chapter.(2) Plants and packing materials or containers thereof shipped from the countries designated by the Ministerial Ordinance and on which the matters to be described in the certificate of inspection or the copy thereof are transmitted from the government agency of exporting country, through electronic communication lines, to the computer referred to in Article 2 (Definitions), paragraph 5 and recorded in a file installed in the said computer.2. Plants, shipped from the districts designated by the Ministerial Ordinance and of which inspection at the site of cultivation is required by the Ministerial Ordinance in order to carry out the inspection under the provision of Article 8, paragraph 1 precisely, shall not be imported unless they are, in addition to the compliance with the provision of the preceding paragraph, attached with a certificate of inspection or a copy thereof stating that they are, as a result of inspection in cultivation field by government agency bf exporting country, free or believed to be free of the quarantine pests designated by the Ministerial Ordinance. In this case, the proviso to the preceding paragraph (excluding Item 1) shall apply with necessary modifications.3. Plants or prohibited articles as specified in paragraph 1 of the following Article shall not be imported at any place other than the seaports or airports designated by the Ministerial Ordinance, except the case where the import is made through mail.4. Plants or prohibited articles as specified in paragraph 1 of the following Article shall not be imported as mail other than small packetor postal parcel.5. Any person who has received plants or prohibited articles specified in paragraph 1 of the following Article as mail other than small packet or postal parcel shall report the same together with the goods concerned, without delay, to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries.6. When the Ministerial Ordinance as specified in the text of paragraph 1 or in paragraph 2 is to be enacted, the provision in paragraph 2 of the preceding Article shall apply with necessary modifications.(PROHIBITION ON IMPORT)Article 7. No person shall import any article as specified in each of the following items (Hereinafter referred to as 'prohibited'). Provided, however, that the same shall not apply to the case where permit has been obtained from the Minister of Agriculture, Forestry and Fisheries to use the same for experimental and research purpose and for other special purposes stipulated by the Ministerial Ordinance.(1) Plants designated by the Ministerial Ordinance, which have been shipped from or passed through the district designated by the Minis-terial Ordinance;(2) Quarantine pests;(3) Soil or plants with soil;(4) Packing materials or containers of the articles specified ineach of the preceding items.2. In case the permit under the proviso to the preceding paragraph has been obtained, the import shall be made by having a document, attached thereto, certifying that the permit has been obtained under the same paragraph.3. To the permit under the proviso to paragraph l, necessary conditions such as the method of import and of management thereafter, etc. may be attached.4. In case when the Ministerial Ordinance specified in paragraph 1, Item (1) is to be established, the stipulation under the provision of Article 5-2, paragraph 2 shall be applied with necessary modifications.(INSPECTION OF IMPORTED PLANT, ETC.)Article 8. Any person who has imported plants or prohibited articles shall, without delay, report the same to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries and shall have the inspection made by the Plant Quarantine Official in its original condition. The inspection shall be made of the plants, packing materials or containers thereof to determine whether or not the provisions of Article 6, paragraphs 1 and 2 are complied with and whether or not the same are prohibited articles or are infested with quarantine pests (excluding the quarantine pests designated by the Minister ofAgriculture, Forestry and Fisheries. Hereinafter the same in this and next Article.); provided, however, that the same shall not apply to the case where the inspection under the provision of paragraph 3 has been made by the Plant Quarantine Official and where the import has been made by mail.2. The inspection of the preceding paragraph shall be made at the place designated by the Plant Quarantine Official within the seaport or airport under Article 6 (Limitation on Import), paragraph3.3. Plant Quarantine Official may, in case he deems it necessary, inspect the plants, packing materials or containers thereof on board the ship or airplane prior to the import.4. It shall be the duty of any post office engaged in custom clearance, upon the receipt of small packet or post parcel containing or being suspected of containing plants or prohibited articles, to report the same, without delay, to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries.5. It shall be the duty of Plant Quarantine Official, upon the receipt of the report under the preceding paragraph, to inspect small packet or post parcel under the preceding paragraph. If it is necessary for the inspection in this case, he may open the mail concerned in the presence of post office official.6. Any person who has received a small packet or a postal parcel containing plants which has not undergone the inspection under the preceding paragraph, shall report the same together with the mail matter concerned, without delay, to the Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries for the inspection to be made by Plant Quarantine Official.7. As to the plants for propagation designated by the Minister of Agriculture, Forestry and Fisheries, the Plant Quarantine Official may, if he deems it necessary as a result of the inspection under the provisions of paragraph 1, 3, 5 or preceding paragraph, to further determine whether or not the same are infested with quarantine pests, order the owner of the plants concerned to cultivate the same in isolation and carry out the inspection at the cultivation site or he may undertake the isolated cultivation himself, in accordance with the provision of the Ministerial Ordinance.(DISPOSITION BY DISINFECTION AND DESTRUCTION, ETC.)Article 9. It shall be the duty of Plant Quarantine Official, in case plants, packing materials or containers thereof are found to be infested with quarantine pests upon the inspection under the preceding Article, to disinfect or destroy the plants, packing materials or containers thereof or order the owner or manager thereof to disinfect or destroy the same in his presence.2. Plant Quarantine Official may destroy plants and packing materials or containers thereof imported in violation of the provisionsof Article 6 (Limitation on Import), paragraph 1 to 5 or Article 8 (Inspection of Imported Plants, etc.), paragraph 1 or 6, or may order any person possessing the same to destroy the same in his presence. This shall apply to the plants concerned in the case of violation against the order of isolated cultivation under the provision of Article 8, paragraph 7.3. It shall be the duty of Plant Quarantine Official to destroy prohibited article imported in violation of the provisions under Article 7 (Prohibition on Import).4. It shall be the duty of Plant Quarantine Official, in case he deems, as the result of inspection under the preceding Article, that the plants, packing materials or containers thereof are in compliance with the provisions of Article 6 (Limitation on Import), paragraph 1 and 2, and that the same are not prohibited articles and are not infested with quarantine pests, to issue a certificate to the effect that the same have passed the inspection.(NOTIFTCATION OR NOTICE OF ORDER, ETC., BY ELECTRONIC INFOR-NATION PROCESSING SYSTEM)Article 9-2. As to the notification specified under Article 8, paragraph 1, the Director of Plant Protection Station of the Ministry of Agriculture, Forestry and Fisheries may have the same made, in accordance with the Government Ordinance, by the use of electronic information processing system.2. To the person who has notified by using electronic information processing system in accordance with the preceding paragraph and has received inspection of the plants or prohibited articles, packing materials or containers thereof concerned, the Plant Quarantine Official may, by using the electronic information processing system in accordance with the Government Ordinance, give notice of order for disinfection or destruction specified in paragraph 1 of the preceding Article and give notice of certification to the effect that the same has passed the inspection specified in paragraph 4 of the same Article.3. The notification, notice of order or notice of certification specified in the preceding two paragraphs is construed as reached to the Plant Protection Station or released from the Plant Quarantine Official when the same has been recorded in the file of electronic computer of Article 2, paragraph 5. The notice of order or notice of certification is estimated as reached to the recipient concerned when due time needed for the output elapsed after the same was recorded in the file.4. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries to give public notice of the Plant Protection Station where the electronic computer of Article 2, paragraph 5 is used.(INSPECTION OF PLANTS FOR EXPORT)Article 10. Any person who intends to export plants, packing materials or containers thereof to any country requiring a certificate of inspection thereof by the exporting country shall have his plants,packing materials or containers thereof inspected and conformed to the requirements of the importing country concerned and shall not export the same unless it has passed the inspection.2. Inspection under the preceding paragraph shall be made at the Plant Protection of the Ministry of Agriculture, Forestry and Fisheries; provided that, if Plant Quarantine Official deems it necessary, it may be made at the location of the items to be inspected.3. Plants required by the importing country to be inspected at the place of cultivation, or other plants designated by the Ministerial Ordinance shall be inspected at the place of cultivation, and unless they have passed this inspection, they shall not be presented for the inspection under paragraph 1.4. Plant Quarantine Official, if he deems it necessary to conform to the requirements of importing country, may re-inspect the plants and other materials which have undergone the inspection under paragraph 1.(DELEGATION OF AUTHORITY)Article 11. Procedures and method of inspection and standard for action to be taken due to the result of inspection other than those provided in this Chapter shall be determined and made public by the Minister of Agriculture, Forestry and Fisheries.2. Tn the case of the preceding paragraph, the provision of Article5-2, paragraph 2 shall apply with necessary modifications.CHAPTER 3 DOMESTIC PLANT QUARANTINE(DOMESTIC PLANT QUARANTINE)Article 12. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries to establish a quarantine service in accordance with the provisions of this Chapter to prevent the spread of injurious animals or plants which have been newly introduced or are already present in a part of the country.(INSPECTION OF DESIGNATED PLANTS)Article 13. Any person who produces the plants for propagation designated by the Minister of Agriculture, Forestry and Fisheries (hereinafter referred to, respectively, as the ‘plant grovler’ and the ‘designated plants’) shall receive the inspection by the Plant Quarantine Official each year on his designated plants at his cultivating field during the growing season.2. The Plant Quarantine Official may, in case where he deems that the purpose of the control or the prevention of the spread of injurious animals or plants cannot be achieved only by the field inspection under the preceding paragraph, make additional inspections of designated plants before the cultivation or after the harvest thereof.3. It shall be the duty of the Plant Quarantine Official, in case where he deems that the designated plants are free from the injurious animals or plants designated by the Minister of Agriculture, Forestry and Fisheries as the result of the inspection under the provisions of paragraph 1 or preceding paragraph, to issue the inspection certificate to the plant grower concerned.4. No designated plant shall be transferred, consigned for transfer or removed from any area of cultivation in one prefecture to another area in other prefecture unless the same is accompanied with the inspection certificate of the preceding paragraph or a true copy thereof or a tag identifying the inspection certificate issued by the Plant Quarantine Official.5. It shall be the duty of the Plant Quarantine Official, in case he deems that the designated plants are infested with injurious animals or plants designated under the provision of paragraph 3 as the result of the inspection under the paragraph 1 or 2, to suspend the inspection and to order, verbally or in writing, the plant grower concerned to control the injurious animals or plants concerned, or to take any necessary measures to prevent the spread thereof.6. Any plant grower who has received the order of the preceding paragraph may, in the event he has carried out the necessary control measures in accordance with the said order, apply to the Plant Quarantine Official for the continuation of the inspection under the provision of paragraph 1 or 2.7. In the case of the designation of paragraph 1, the provision of Article 5 (2), paragraph 2 (Public Hearing) shall apply with necessary modifications.(DISPOSITION BY DESTRUCTION)Article 14. The Plant Quarantine Official may order any person in possession of the designated plants which were transferred, consigned for transfer or taken out of the prefecture in violation of the provision of paragraph 4 of the preceding Article, to destroy the same or he himself may destroy the same.(COLLECTION OF FEE AND AUTHORIZING PROVISION)Article 15. The Minister of Agriculture, Forestry and Fisheries may collect from the person receiving the inspection under the provision of Article 13 (Inspection of Designated Plants), paragraph 1, a fee determined by the Ministerial Ordinance which shall not exceed the actual cost of inspection.2. Provisions of Article 11 (Delegation of Authority) shall apply with necessary modifications to the inspection under Article 13, paragraph 1 or 2.(EXCEPTION TO APPLICATION)Article 16. The provisions of the preceding four Articles shall notapply to the designated plants which are grown:(1) In the district designated by the Minister of Agriculture, Forestry and Fisheries;(2) By the State of prefecture and inspected thereby;(3) By the plant grower for propagation within the area of the same prefecture.(LIMITATION OF MOVEMENT OF PLANTS, ETC.)Article 16-2. The plants and packing materials or containers thereof in the districts designated by the Ministerial Ordinance and thereby stipulated as those which are necessary to limit the movement thereof to other districts to prevent the spread of injurious animals or plants, excluding the cases exempted by the Ministerial Ordinance, shall not be moved to other districts unless the same are acknowledged by the Plant Quarantine Official that no injurious animal or plant is found therewith upon the result of inspection in accordance with the Ministerial Ordinance or that the same are attached with a tag indicating that the disinfection has been carried out as specified by the Ministerial Ordinance.2. In case of the establishment of the Ministerial Ordinance of the preceding paragraph, the provision of Article 5-2 (Quarantine Pests), paragraph 2 shall apply with necessary modifications.(PROHIBITION OF MOVEMENT OF PLANTS ETC.)Article 16-3. The plants, injurious animals, injurious plants or soilin the districts designated by the Ministerial Ordinance and thereby stipulated as those which are necessary to prohibit the movement thereof to other districts to prevent the spread of injurious animals or plants, including packing materials or containers thereof, shall not be moved to other districts; provided, however, that this shall not apply to the case where the permit has been obtained from the Minister of Agriculture, Forestry and Fisheries to use the said articles for experimental and research purposes.2. In case of the establishment of the Ministerial Ordinance of the preceding paragraph, the provision of Article 5-2 (Quarantine Pests), paragraph 2 and in case of the proviso to the preceding paragraph, Article 7 (Prohibition on Import), paragraph 2 and 3 shall apply, respectively, with necessary modifications.(PROHIBITION OF LOADING ABOARD SHIP, CARRIER, ETC.)Article 16-4. The Plant Quarantine Official may, in case it is deemed necessary to prevent the movement, in violation of the provision of Article 16-2 (Limitation of Movement of Plants, etc.), paragraph 1 or the paragraph 1 of the preceding Article, of plants, injurious animals, injurious plants, soil and packing materials or containers thereof, order the owner or controller of the said items concerned not to load or bring the same aboard the vessel, car or airplane, or to unload the same which are taken aboard.(DISPOSITION BY DESTRUCTION)Article 16-5. The Plant Quarantine Official may order the owner of theplants, injurious animals or plants, soil and packing materials or containers thereof which have been moved in violation of the provision of Article 16-2 (Limitation of Movement of Plants, etc.), paragraph 1 or Article 16-3 (Prohibition of Movement of Plants, etc.), paragraph 1 to destroy the items concerned or he himself may destroy the same.CHAPTER 4 EMERGENCY CONTROL(CONTROL)Article 17. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries, in case the injurious animals or plants which are newly introduced or indigenous in a part of the country constitute a risk of inflicting serious losses to economic plants by their spread, or in case the export of economic plants is jeopardized by the injurious animals or plants, and in case where it is necessary to eliminate the same or to prevent the spread thereof, to carry out the control under the provisions of this Chapter. However, this emergency control shall not apply to the control program for injurious forest insects and diseases, etc. specially provided for by other Law.2. To enforce the control under the provision of the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries shall, not less than thirty days prior to such date, issue a Ministerial Notification concerning the following matters:(1) Area and period involved in the control;(2) Kind of injurious animals or plants;(3) Control plan and procedures to be followed;(4) Other necessary matters.(CONTROL MEASURES)Article 18. The Minister of Agriculture, Forestry and Fisheries may, within a limit necessary to carry out the control under the paragraph 1 of the preceding Article, issue the orders as enumerated in each of the following items:(1) To restrict or prohibit the plant grower to cultivate plants infested or feared of being infested with the injurious animals or plants;(2) To restrict or prohibit the transfer or movement of plants or packing materials or containers thereof infested or feared of being infested with the injurious animals or plants;(3) To order any person who owns or manages any plants or packing materials or containers thereof infested or feared of being infested with the injurious animals or plants to disinfect, destroy or remove the same;(4) To order any person who owns or manages agricultural machinery and implements, transporting facilities or storage installations infested or feared of being infested with the injurious animals or plants, to take necessary measures such as disinfection thereof, etc.2. In the case of the paragraph 1 of the preceding Article and in case there is no time because of the need of emergency control to follow the provision of paragraph 2 of the same Article, the Minister ofAgriculture, Forestry and Fisheries may, within a limit necessary and without issuing the Ministerial Notification, issue orders under the Item (3) of the preceding Article or cause the Plant Quarantine Official to disinfect, remove or destroy plants or packing materials or containers thereof which are infested or feared of being infested with the injurious animals or plants.(ORDER FOR COOPERATION)Article 19.The Minister of Agriculture, Forestry and Fisheries may, in case it is necessary to enforce an emergency control under Article 17, paragraph 1, request local public body, farmers' association or private control enterprise to cooperate in the control.2. In the case of the preceding paragraph, a written request for cooperation shall be issued.3. In case the cooperation has been rendered in accordance with the provision of paragraph 1,the State shall reimburse the expenses thereof.(INDEMNITY AGAINST LOSS)Article 20. Against the person who has sustained a loss due to any action under Article 18 (Control Measures), the State shall indemnify for the loss to be ordinarily incurred by such actions.2. The person who intends to receive indemnity under the preceding paragraph shall submit an application to the Minister of Agriculture,。