Key Benefits:
(1) Plants, plant products and other regulated articles may be imported into Botswana only at the approved ports of entry listed in the Fourth Schedule.
(2) The NPPO may prohibit the importation of certain plants, plant products or other regulated articles except where accompanied by an original phytosanitary certificate dated not later than the prescribed time period before the entry of the items into Botswana.
(3) Any person who contravenes the provisions of subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding one year, or to both.
11. Importation of plants, etc.
(1) No person shall import any plant, plant product or regulated article unless he or she has a permit issued by the NPPO in the form set out in the Fifth Schedule.
(2) An application for a permit referred to in subsection (1) shall be made to the NPPO in such form and accompanied by such fee as may be prescribed.
(3) The NPPO may attach, to any permit issued under subsection (1), such conditions as it considers necessary.
(4) In the evaluation of an application for an import permit, the NPPO shall apply existing international standards or conduct pest risk analysis in order to determine the applicable phytosanitary require-ments.
(5) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding one year, or to both.
12. Examination and treatment of imported plants, etc.
(1) Any person who imports any plant, plant product or regulated article shall immediately declare the item and deliver it to a plant inspector or other representative of the NPPO.
(2) A plant inspector or representative of the NPPO, upon receipt of an item in terms of subsection (1) may-
(a) examine the plant and its container as well as any required accompanying documentation;
(b) if the presence of any regulated pest thereon is established or reasonably suspected, cause the same to be treated at the expense of the importer; and
(c) if he or she considers that any measures taken or to be taken under paragraph (b) are, or are likely to be, ineffective and he or she considers the pest to have the potential to cause an unacceptable impact on the plant resources of Botswana, or if the imported articles are not accompanied by the required documentation, cause the imported articles to be re-exported or destroyed.
(3) Inspections under this section shall be carried out during regular business hours, except where the plants, plant products or other regulated articles are in transit or extremely perishable or where their entry has otherwise been delayed, in which case, upon application by the importer and upon payment of any prescribed fee, the NPPO may agree to an inspection being carried out at any other time.
(4) Upon application by the importer and where the container has been sealed and marked as prescribed, certain plants, plant products and other regulated articles may be inspected by a plant inspector at their final destination.
(5) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2 000 or to imprisonment for a term not exceeding one year, or to both.
13. Official powers regarding imported articles(1) Where, after their entry into Botswana or after treatment, imported plants, plant products or other regulated articles lie un-claimed for a period of time specified by regulations, the NPPO may take action to destroy them.
(2) The costs and responsibility for any action taken under subsection (1) or section 12 (2) (b) or (c) shall be borne by the importer, except where in exceptional cases the NPPO determines that the government should take responsibility for the associated costs.
(3) The government's assumption of financial responsibility in specific instances under subsection (2) is without prejudice to its later recovering the costs as a civil debt.
(4) The Government of Botswana shall bear no liability for the destruction or disposal of plants, plant products or other regulated articles imported into Botswana in contravention of this Act.
The Minister may, on the advice of the NPPO-
(a) prohibit or restrict the entry of any plants, plant products or other regulated articles;
(b) take any other necessary action to prevent the introduction or spread of pests listed in the First Schedule;
(c) permit the entry of any plant, plant product or regulated article for scientific or experimental purposes, subject to such terms and conditions as the Minister considers appropriate; or
(d) by order amend any Schedule to this Act.
The NPPO may-
(a) designate certain places as plant quarantine stations where plants, plant products or other regulated articles may be kept for phytosanitary observation, research, inspection, testing, treatment, detention or destruction; and
(b) require that imported material be kept or cultivated at a plant quarantine station, or at any other location identified by the NPPO, and kept under the NPPO's supervision for such time as it deems necessary.
(1) Any employee of the postal service or a private shipping concern, or any official of the Department of Customs and Excise or the Botswana Police Service, who learns of the arrival of any plants, plant products or other regulated articles in Botswana, shall promptly report such arrival to the NPPO and shall detain such plants, plant products or other regulated articles until the inspector takes custody of them.
(2) Any detention carried out under subsection (1) shall be deemed to be an action taken on delegation from the NPPO.
(3) The NPPO shall take custody of any items detained under subsection (1) within three days of their detention.
(4) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding one year, or to both.
