Heilongjiang Province, Heilongjiang Provincial People's Government On The Revision Of The Agricultural Plant Quarantine Measures For The Implementation Of The Decision

Original Language Title: 黑龙江省人民政府关于修改《黑龙江省农业植物检疫实施办法》的决定

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Heilongjiang province, Heilongjiang provincial people's Government on the revision of the agricultural plant quarantine measures for the implementation of the decision

    (Consideration of the Heilongjiang provincial people's Government on December 11, 2008 at the 16th Executive by Heilongjiang provincial people's Government on January 5, 2009 the 6th release come into force on the date of promulgation) Heilongjiang provincial people's Government for decision on phytosanitary measures for the implementation of agriculture in Heilongjiang province made the following modifications: First, modify the third paragraph of article to: "agricultural authorities in charge of the farm system in Heilongjiang reclamation area of agricultural plant quarantine management, plant quarantine of its bodies responsible for implementation.

    ” Second, delete the sixth article: "phytosanitary agencies at all levels, in accordance with the needs in local agricultural universities, and scientific research units to employ special quarantine officers for help. Set up special quarantine measures shall be formulated by the provincial departments of agriculture administration.

    ” Third, delete the seventh article: "should be imposed on quarantine of plants, plant products, wholesale operations of units and individuals, must go to the local plant quarantine agency shall be handled by the provincial departments of agriculture administration phytosanitary register.

    ” Four, addition of an article, as the Nineth: "plant quarantine on the area at different levels of plant quarantine pest should be census once every three years, focusing on quarantine pests surveys once a year.

    ”

    Five, add one, as the 17th: "phytosanitary agencies at all levels should be on the area's original seed farm, seed, nursery, breeding base and export production bases of agricultural products quarantine. Experiment and demonstration, breeding, production units and individuals should be imposed on plant quarantine, shall apply to the local plant quarantine plant seed quarantine, receive a quarantine certificate number.

    Seed distribution and use of the units and individuals shall carefully check the seed quarantine, verification number undergone quarantine inspection or quarantine does not match the number shall apply to the local plant quarantine for review, receive a quarantine number. Obtain quarantine certificates should lend and quarantine of plant seeds, when transportation by phytosanitary certificate quarantine certificate is renewed.

    ”

    Six, add one, as the 19th: "application of quarantine and quarantine procedures for plants and plant products:

    (A) production units or individual written application presented to local plant quarantine and quarantine;

    (B) the local plant quarantine agencies notify the quarantine time on a regular basis, and will send a quarantined plant quarantine personnel to the production site, fill in the quarantine of records; (C) local bodies on quarantine of plant quarantine, the quarantine certificate was issued; not passed quarantine inspection, ordered for disposal.

    ” Seven articles, delete the 20th: "interpret these implementation measures by the provincial departments of agriculture administration.

    ”

    This decision shall take effect from the date of its promulgation.

    Attachment: phytosanitary measures for the implementation of agriculture in Heilongjiang province (2009 revision)

    First under the phytosanitary regulations of the State Council (hereinafter referred to as regulations) combined with the actual situation of the province, these measures are formulated.

    Article refers to the scope of implementation measures for the agricultural plant quarantine in China, not including the port of forests and phytosanitary.

    Article agricultural administrative departments of the province of Heilongjiang province agricultural plant quarantine work by plant quarantine agency of the province responsible for implementation.

    Administrative Office, city and county administrative departments of agriculture in the region within the scope of agricultural plant quarantine work and its implementing agencies are plant quarantine organs.

    Agricultural authorities in charge of the farm system in Heilongjiang reclamation area of agricultural plant quarantine management, plant quarantine of its bodies responsible for implementation.

    Article phytosanitary agencies at all levels, must be equipped with a certain number of full-time inspectors, and gradually establish and improve plant quarantine and inspection Chambers.

    Article when implementing quarantine, plant quarantine organs at all levels shall exercise the following powers:

    (A) enter the train station, airport, Harbour, post office, warehouse and should be imposed on quarantine of plants, plant production, processing, marketing, storage, planting place quarantine and quarantine supervision and in accordance with the provisions and take samples.

    (B) search, copy, extract and application of quarantine of plants, plant products related to the contract, waybill, invoice, quarantine certificates and so on.

    (C) for persons associated with plant quarantine law, and evidence.

    Sixth plant quarantine personnel to enter the station, airport, ports, post offices, warehouses and other related sites the implementation of phytosanitary tasks must be in quarantine uniforms and their quarantine flag and uniform of the phytosanitary certificate issued by the Ministry of agriculture. Seventh plant quarantine pest and should be imposed on quarantine of plants, plant products, according to the Department of agriculture lists of uniform implementation.

    Provincial supplement plant quarantine pest and should be imposed on quarantine lists of plants, plant products, published by the provincial departments of agriculture administration,.

    Agricultural plant quarantine range including grain, and cotton, and oil, and Ma, and sang, and tea, and sugar, and dish, and smoke, and fruit (dried fruit except), and herbs, and flower, and forage, and green manure, plant, and plant of the part, including seed, and root, and tubers, and bulbs, and bulb, and Scion, and stock, and tube seedlings, and cell breeding body, breeding material, and from above plant, and without processing or is by processing but still has may spread outbreak of plant products. Eighth levels of phyto-sanitary institutions to respond to plant quarantine pests in the region investigating, and compiled based on the results of plant quarantine pest distribution.

    Distribution of agencies across the province to province plant quarantine, quarantine pests on farm information, area, city, County and farming systems distribution to villages, the quarantine pest information field, and submitted to the provincial phytosanitary agency records.

    Nineth levels of phyto-sanitary Agency for plant quarantine pests in their respective jurisdictions shall be census once every three years, focusing on quarantine pests surveys once a year.

    Tenth parts of plant quarantine pest should be zoned areas, blockades, the eradication measures; quarantine pests common area, area does not occur should be designated as protected areas delimitation of areas and protected areas, submitted by the provincial departments of agriculture administration, submitted to the provincial people's Government for approval.

    In an epidemic area, plant quarantine organs represented in local road checkpoints or wood checkpoints, large outbreaks, approved by the provincial people's Government may establish quarantine checkpoints, plant quarantine.

    11th transport of plants, plant products, the following must be transporting 15 days prior to inspection to local plant quarantine, quarantine:

    (A) included in the list should be imposed on quarantine of plants, plant products, shipped out the outbreak before the County must undergo quarantine.

    (B) where the seeds, seedlings and other propagating material, whether or not included should be imposed on quarantine of plants, plant products and shipped to where, and quantities, and the way in which transport, mail, must go through quarantine.

    May be contaminated with quarantine pests packing materials, means of transport, the location, the warehouse and quarantine has been contaminated, the shipper should be dealt with by plant quarantine agency requirements.

    12th should be imposed on quarantine of plants, plant products distribution must be quarantine formalities according to the following requirements:

    (A) transportation in the province, transferred to units and individuals must agree on the prior consent of the phyto-sanitary Agency, where and to the redeployment of units and quarantine requirements; paged out units under the quarantine requirements to local plant quarantine Agency inspection, after passing quarantine, the local quarantine authority issuance of phytosanitary certificates. (B) transferred to the provinces, bring up the units or individuals according to call into the provincial phytosanitary quarantine requirements for bodies to the local plant inspection and quarantine institutions, after passing quarantine, plant quarantine, by province, institution or its authorized plant quarantine agency issuance of phytosanitary certificates.

    But transferred to breeding facility outside the province of seeds, seedlings and other propagating materials must be subject to quarantine, plant quarantine and quarantine agencies to issue certificates.

    (C) transferred in from other provinces, transferred to units or individuals should apply to the plant quarantine Office, and submitted to the provincial phytosanitary agency approval or its authorized plant quarantine, plant quarantine, by province, institution or its authorized bodies for the quarantine of plant quarantine requirements, SPS, made out of province institutions issuing the phytosanitary certificate shall not be transferred.

    Plant quarantine agencies at all levels have the right to swap into the plant, plant products for investigation and review, review found issues, jointly negotiated settlement either by plant quarantine authorities. 13th in the allocation process, the discovery of quarantine harmful organisms, must be strictly handled, sterile only after issue of a phytosanitary certificate.

    Cannot be disinfected or unqualified, plant quarantine agencies to seal up, confiscation, shall order the change of use, destruction, etc.

    National phytosanitary certificates, phyto-sanitary institution, by province, according to the format established by the Ministry of agriculture issued, no unit or individual shall not be reproduced. 14th corresponding application of quarantine of plants, plant products, the transport sector and postal services with the phytosanitary certificate (original copy) or acceptance of carriage. Phytosanitary certificate should be attached to the consignment note or send parcel freight on, and finally submit the receiving unit or individual.

    Destination transport and postal sectors found not accompanied by phytosanitary certificate (original) or goods to match the certificates, shall inform the receiving unit or individual has gone through quarantine, phytosanitary certificate extract.

    15th seeds, seedlings and breeding material brought in from abroad, should apply to the provincial phytosanitary agency, go through quarantine examination and approval procedures.

    Province plant quarantine institutions should strengthening outside introduction species of quarantine supervision and planting observation, and by province agricultural administrative competent sector, and province prices sector, and province financial sector of about provides charged outbreak monitoring costs, as found quarantine sex harmful biological and risk disease, and insect, and weed, should by plant quarantine institutions of views processing, by caused of economic loss, by introduction species units or personal bear. 16th plant quarantine fees, according to the internal regulations of the phytosanitary fee.

    Quarantined due to required travel travel, moving, opening, sampling, storage, disinfection, the Elimination of costs, by the application of quarantine units or individuals responsible for.

    17th levels of plant quarantine agency shall on the area of the original seed farm, Thoroughbred farms, nurseries and other breeding bases and export production bases of agricultural products quarantine. Experiment and demonstration, breeding, production units and individuals should be imposed on plant quarantine, shall apply to the local plant quarantine plant seed quarantine, receive a quarantine certificate number.

    Seed distribution and use of the units and individuals shall carefully check the seed quarantine, verification number undergone quarantine inspection or quarantine does not match the number shall apply to the local plant quarantine for review, receive a quarantine number.

    Obtain quarantine certificates should lend and quarantine of plant seeds, when transportation by phytosanitary certificate quarantine certificate is renewed.

    18th in plant quarantine work units and individuals who have made outstanding achievements in and by Government incentives.

    19th be application of quarantine and quarantine procedures for plants and plant products:

    (A) production units or individual written application presented to local plant quarantine and quarantine;

    (B) the local plant quarantine agencies notify the quarantine time on a regular basis, and will send a quarantined plant quarantine personnel to the production site, fill in the quarantine of records;

    (C) local bodies on quarantine of plant quarantine, the quarantine certificate was issued; not passed quarantine inspection, ordered for disposal.

    20th under any of the following acts, the plant quarantine agency shall order correction, belonging to non-business activities, and fined 1000 Yuan fine belonging to business activities and fined 1000 Yuan to 10,000 yuan fine; losses, should be responsible for compensation constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) misrepresenting items tested during the inspection process, varieties, hiding the number of inspected items and inspected crop area, providing false evidence;

    (B) not complying with the phytosanitary requirements of institutions dealing with contaminated packaging materials, and their means of delivery, the location, the warehouse;

    (C) the introduction from abroad without authorization, or introduction, is not in the specified location after planting or not complying with the phytosanitary agency requirements for isolation experiment;

    (D) unauthorized distribution should be imposed on quarantine of plants, plant products, as well as in the course of transportation, unauthorized opening test stand of plants, plant products, sealing or packing, the replacement of persons or other quarantine of plants, plant products;

    (V) forge, alter, buy, sell, transfer of plant quarantine documents, seal, flag and seal;

    (F) implementation measures for the violation of this provision caused by the spread of the epidemic.

    The preceding paragraph (a), (b), (c), (d) and (e) one of the circumstances listed, does not constitute a crime, the phytosanitary authority can confiscate. Implementation measures for the violation of this provision and allocation of plants and plant products and plant quarantine agency has the right to use sequestration, confiscation, destruction or be ordered to change.

    Destruction of the costs borne by the responsible person.

    21st in plant quarantine work, the plant quarantine officers, Transportation Department and postal sectors in the plants, plant products, transportation, mailing, favoritism, negligence, by their work units or by the competent authority, impose administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs. The 22nd party refuses to accept the decision on administrative penalty on plant quarantine agency, he may, within 60 days from the date of receiving the notice, made the decision on administrative penalty of plant quarantine agency of agricultural administrative departments may apply for reconsideration; is not satisfied with the reconsideration decision, from the date of receiving the written reconsideration decision initiate litigation to the people's Court in the 15th.

    The party fails to apply for reconsideration or bring a suit nor performs the decision of administrative penalty, phyto-sanitary agency may apply to the Court for enforcement or law enforcement. The 23rd article of the implementation measures come into force on the date of promulgation.