Plants Protection Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1916/1916-0276/PlantsProtectionRules_1.pdf
Published: 1916-10-07

Plants Protection Rules
PLANTS PROTECTION [CH.250 – 7






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PLANTS PROTECTION RULES

(SECTION 6)

[Commencement 7 October, 1916]
1. These Rules may be cited as the Plants Protection

Rules.
2. In these Rules, unless the context otherwise

requires —
“Minister” means the Minister charged with the

responsibility for the administration of the Act.
3. No plants whatsoever as defined by the Act nor

the packages that contain the same as defined by the Act
shall be imported into The Bahamas except under the
following conditions —

(a) all such plants and packages shall be landed at
the Port of Nassau, except when permission has
been obtained from the Minister to land the
same at any other port or place in The Bahamas,
upon such conditions as to landing and other-
wise, as may be determined by the Minister with
reference to the same;

(b) all such plants and packages shall be delivered
up by the importer to the Comptroller of
Customs, who shall cause them to be conveyed
to such place as shall be determined by the
Minister, and the Comptroller may also for such
purpose take charge of any such plants and
packages immediately on their arrival in The
Bahamas, and prior to the delivery thereof to the
importer. Upon such delivery the Comptroller
shall give to the importer a receipt showing the
time and date of such delivery;

(c) a permit issued by the Minister authorizing the
importation of such plants and packages into the
Bahamas is obtained.

4. If the importer of any plants imported under
these Rules if suspected or found to be diseased produces
to the Minister a certificate of a recognised State Authority
(at the place from which such plants were exported) that
the nursery, plantation, field or land from which the plants


G.N. 276/1916
G.N. 339/1916
S.I. 1/1966
S.I. 32/1983
5 of 1987

Title.

Interpretation.

Importing of
plants.

S.I. 32/1983.

S.I. 1/1966.

Importer to
produce
certificate.

CH.250 – 8] PLANTS PROTECTION






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

have come is free from any harmful or dangerous disease,
such plants and the packages that contain the same will
(unless the Minister deems it otherwise necessary) be
delivered to the importer without undergoing any process
of fumigation or disinfection. If no such certificate is
produced, it shall be the duty of the Inspector or of some
officer or servant duly authorised by the Minister, to
examine such plants and packages and if he is satisfied that
they are free from any harmful or dangerous disease, he
shall deliver the same to the importer.

5. If the Minister deems it necessary in order to
carry out the provisions of the Act, any plants and
packages imported under these Rules may be fumigated,
disinfected, cleansed, purified, and treated in such manner
and under such conditions as the Minister may consider
adequate for destruction of any vegetable or insect pests
which may possibly be on or amongst such plants and
packages. No liability shall attach to the Minister in respect
of any damage occasioned by such fumigation, disinfection,
cleansing, purifying or treating.

6. All plants and packages imported under these
Rules may be seized by and forfeited to the Minister, and
may be destroyed or otherwise dealt with as the Minister
may direct.

7. All plants and packages shall be moved from
any place of fumigation or other treatment by the importer
within twenty-four hours after he has been required by the
Minister to remove the same, and failing such removal the
Minister shall be at liberty to order the destruction of such
plants and packages, or to deal otherwise with them at his
discretion.

8. The expenses of removal to and from any place
appointed by the Minister, and of disinfection or other
treatment, and for labour connected with the opening and
repacking of packages for the purpose of inspection and
preparing plants for disinfection or other treatment, if made
under these Rules, shall be borne by the importer, and the
Minister may recover from the importer in any court
having jurisdiction such expenses as well as any expenses
necessarily incurred in keeping the plants in good
condition.

Fumigation of
plants.

Plants may be
seized.

Plants to be
collected within
24 hours.

Expense of
fumigation, etc.,
to be borne by
importer.

PLANTS PROTECTION [CH.250 – 9






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

9. Any importer of plants disinfected or otherwise
treated under these Rules shall if so required keep the
Minister informed as to the disposal of such plants after
disinfection or other treatment, and an officer or servant
duly authorised by the Minister may visit and examine the
same at any time if necessary.

10. (1) When any plants are sent to The Bahamas
through the Post Office from a place beyond The Bahamas,
the importer shall forthwith notify an Inspector or an
officer of the Ministry of Agriculture and Fisheries
(hereinafter referred to as “the Ministry”) of the fact, and
the officer in charge of the Post Office at which the plants
arrived shall notify an Inspector or an officer of the
Ministry of the arrival within twenty-four hours thereafter.

(2) The importer of the plants through the Post
Office shall not take possession of them or of any package
or wrapping that contains or has contained them until an
Inspector’s certificate or a certificate from an officer of the
Ministry has been issued.

11. (1) After disinfection or other treatment as
prescribed by rule 5 hereof, of any plants or packages
brought into The Bahamas, the Inspector or officer of the
Ministry shall issue a certificate setting forth that the plants
and packages have been inspected and disinfected or
otherwise treated, and showing the sums payable in respect
thereof.

(2) Upon presentation of such certificate to the
proper officer of customs by the importer when entering
the imported plants and packages inwards, and upon
payment to that officer of the amount shown in the certificate
to be payable and receiving his acknowledgement of payment
thereon, the importer may remove from the place of
disinfection the articles to which the certificate relates.

12. All plants and packages imported under these
Rules may be seized by the Minister and may be destroyed
or otherwise dealt with as the Minister may direct if, on
demand made by an Inspector or an officer of the Ministry
or a customs officer, sufficient evidence of their being
included in an Inspector’s or officer’s certificate is not
given by the importer.

Minister to be
informed as to
disposal of
plants.

Minister to be
notified of
imports.

Certificate.

Plants may be
seized by the
Minister.

CH.250 – 10] PLANTS PROTECTION






STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. An Inspector or any officer or servant of the
Ministry shall inspect plants which are attacked or likely to
be attacked by disease as directed by the Minister.

14. When any district or area within The Bahamas
or place within any area has been declared infected or
suspected of being infected with a plant disease it shall be
the duty of every owner or occupier of land within the
district or area so declared to call the attention of an
Inspector or an officer of the Ministry or the commissioner
of the district in writing to the presence of any disease of
plants on plants on his land and to submit specimens if
called upon to do so.

15. The Minister may by notice in the Gazette
prescribe the treatment to be given to plants attacked by a
plant disease, and it shall be the duty of the owner or
occupier of the land to cause plants on that land attacked
by a plant disease to be treated in the prescribed manner.

16. If, on the visit of an Inspector or an officer of the
Ministry, a plant disease is found to be present, the
Inspector or the officer shall order the plants affected to be
treated at once in the manner prescribed by the Minister.

17. If upon a second visit not less than fourteen days
after he has ordered treatment of plants an Inspector or
officer of the Ministry shall find a declared plant disease
and that the treatment ordered by the Minister has not been
carried out, he shall report the matter to the Minister who
may by written notice to the owner or occupier of the land
order the plants to be destroyed.

18. If the owner or occupier fails or neglects to
comply with such notice the inspector or officer may enter
upon the land and spray or otherwise treat the plants or
destroy them at the expense in all things of the owner or
occupier, but nothing contained herein shall relieve the
owner or occupier from any penalty he may have incurred
by reason of his default, failure or neglect.

19. No plant, tree, shrub, herb or vegetable nor the
cuttings, bulbs, seeds, berries or grafts thereof, nor the
fruit or products thereof, nor the root, trunk, stem, branch
or leaf of any plant, tree, shrub or herb, nor the whole or
any part of any growing, dying or dead plant (including


Attacked plants
to be inspected.

Presence of
disease to be
notified in
writing.

Minister to
prescribe
treatment.

Plants to be
treated at once.

Plants may have
to be destroyed.

Plants may be
treated at
expense of
owner.

Plants may not
be taken to an
Out Island
without
permission.
G.N. 339/1916.

PLANTS PROTECTION [CH.250 – 11






[Original Service 2001] STATUTE LAW OF THE BAHAMAS

emptied pods, husks or skins), shall be removed, carried
coastwise or waterborne to be so carried from the Island of
New Providence to any Out Island of The Bahamas except
with the written permission of an officer or servant of the
Ministry duly authorised by the Minister to give such
permission.

20. Any notice under these Rules may be served
either by delivering the same personally to the person to be
served, or by leaving or by posting the same addressed to
him at his usual or last known place of abode in The
Bahamas, or by affixing the same in some conspicuous
place on the land to which the notice relates.

21. Any person who acts in contravention of any of
these Rules shall be guilty of an offence against the Act,
and shall be liable on summary conviction to a penalty of
eighty dollars.


Notice.

Penalty.
G.N. 339/1916.

5 of 1987, r.2.
Read Entire Law on laws.bahamas.gov.bs