Announcement Of Law On Plant Pests

Original Language Title: Bekendtgørelse af lov om planteskadegørere

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123426

Announcement of law on plant pests

Hereby promulgated law on plant pests, see. lovbekendtgørelse nr. 760 of 29. June 2006, with the changes brought about by section 60 of the Act No. 1336 of 19. December 2008.

§ 1. The Minister of food, agriculture and fisheries can provide for the control and prevention of the introduction and distribution of living organisms, other than vertebrates, and viruses that can cause direct or indirect loss of plant breeding (harmful organisms), and can including lay down provisions implementing rules laid down by the European Community.

§ 2. The Minister of food, agriculture and fisheries may in connection with the development of regulations pursuant to section 1 provide rules concerning:





1) prohibition of the importation, sale, storage, as well as some kind of possession of live organisms or cultures of the harmful organisms, as well as of plants, plant products, soil or other growing media that is or is supposed to be suffering from or to contain such harmful organisms,

2) export control of the plants, plant products, soil and other growing media,

3) ban on sowing or planting of areas as well as ordering the isolation of these,

4) ban on planting of specified plant species,

5) the prohibition of removal of plants, plant products, soil and other growing media from a specified area,

6) ordering the treatment of land, plants, plant products, soil and other growing media with pesticides,

7) ordering the pruning or removal of plants,

8) ordering the disinfection of packaging, tools, machinery, means of transport, as well as space and the second, from which the organisms likely to be disseminated,

9) ordering the destruction of the plants, plant products and packaging,

10) notices on the collection and destruction of plant pests.





§ 3. The Minister of food, agriculture and fisheries can export of plants, plant products, soil or other growing media take such measures as are required after receiving the country's phytosanitary legislation.

§ 4. In order to implement the control or to prevent the introduction and spread of plant pests of agriculture and fisheries to carry out inspection of public and private property and means of transport. After the sight must be necessary in order to verify compliance with the provisions in force or to take a decision fixing the rules under section 1 and can be done without a court order. Upon request, must the need after the spectacle justified and identification be presented.

(2). Owners or users of land and producers, owners, importers or exporters of plants, plant products, soil and other growing media should provide the necessary assistance for the implementation of the inspection in accordance with paragraph 1.

§ 5. The Minister of food, agriculture and fisheries can:





1) free of charge, take samples of plants, plant products, soil and other growing media for testing for the presence of harmful organisms,

2) require owners or users of land and producers, owners, importers or exporters of plants, plant products, soil and other growing media present information necessary to take decisions according to the law or provisions laid down by law.





§ 6. The Minister of food, agriculture and fisheries can provide for those who are aware or suspect that the plants, plant products, soil or other growing media, which is in his possession or based with him, is attacked by or containing organisms, must immediately notify this to the Minister, and that such plants, plant products, soil and other growing media must not be removed from the site without the permission of the Minister.

(2). The Minister of food, agriculture and fisheries can the implementation of rules laid down by the European communities provide that anyone who is familiar with or have a presumption of occurrence of harmful organisms, shall notify this to the Minister.

(3). The Minister of food, agriculture and fisheries can provide for that the one for agricultural purposes sells, rents or leases an area with the presence of harmful organisms, shall notify the transferee of the occurrence.

§ 7. Treasury replaces loss as a result of a mandatory destruction of plants, plant products, soil or other growing media and packaging, unless it is destroyed is infected or infested with pests.

§ 8. The costs for the implementation of the mandatory measures incumbent upon it, the injunction is addressed to, cf. However, section 7.

(2). The Minister of food, agriculture and fisheries can determine that expenses in connection with mandatory measures, including costs of pesticides, must be borne by the Treasury.

§ 9. Claims for compensation under section 7 shall be forfeited if it is not submitted to the Minister of food, agriculture and fisheries within 6 months of the required destruction has taken place.

(2). Claims for compensation under section 7 shall lapse if the person in question for breaches of provisions laid down by law, by prohibition or injunction granted after such provisions or otherwise by reckless behavior has necessitated the destruction.

§ 10. Failure by an owner or user of a land or a manufacturer, owner, importer or exporter of plants, plant products, soil or other growing media to implement the required measures, agricultural and fisheries can let the work perform at his or her expense. § 4 shall apply mutatis mutandis in connection with activities.

§ 11. The Minister of food, agriculture and fisheries may impose fees to cover the costs of controls on the import and export of plants, plant products, soil and other growing media.

(2). The Minister of food, agriculture and fisheries may lay down rules on interest for late payment of fees and the charging of fees for reminders.

§ 12. Assign the Minister for food, agriculture and fisheries of its powers under the law to an authority under the Ministry, the Minister may lay down rules on access to complaint against the Authority's decisions, including whether to appeal cannot be brought before another administrative authority, and on the authorities ' access to reopen a case after the complaint has been lodged.

(2). The Minister of food, agriculture and fisheries can after negotiation with the concerned minister transfer its powers under the law to another government agency or institution. The Minister may, in connection with this, lay down rules on access to complain about these authorities or institutions ' decisions, including whether to appeal cannot be brought before another administrative authority, and whether the authority or institution's access to resume a case after the complaint has been lodged leave agricultural and fisheries of its powers under this Act to an authority under the Ministry, the Minister may lay down rules on access to complaint against this authority decisions including that decisions cannot be challenged before the higher administrative authority.

§ 13. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who misrepresents or fails to disclose information pursuant to section 5, no. 2.

(2). Violation of section 4, paragraph 2, be punished by a fine.

(3). In the provisions to be laid down in accordance with the law, can be fixed penalty of fines for those who violate the provisions in the regulations and who fails to comply with a prohibition or injunction, granted in accordance with the provisions.

(4). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(5). Deemed a violation of provisions laid down by law that would not result in higher penalty than fines, can the Minister of food, agriculture and fisheries indicate that the case can be settled without judicial proceedings. It is a precondition that the who has committed the infringement, pleads guilty in the infringement and declare their readiness to within a specified time limit may be extended upon request, to pay a fine specified in the manifestation.

(6). With regard to the indication referred to in paragraph 5, the provisions of the code of Civil Procedure Act § 895 mutatis mutandis.

(7). Paid the fine in a timely manner, or will be adopted and recovered or served, lapses further prosecution.

§ 14. The law shall enter into force on the 1. July 1984.

(2). At the same time repealed Act No. 121 of 12. April 1957 on the control of dangerous plant diseases and insect pests and Act No. 55 of 27. March 1903 on protective measures against the spread of rust fungi.

(3). Provisions adopted or maintained in accordance with the laws mentioned in paragraph 2 shall remain in force until they are repealed by the Minister for food, agriculture and fisheries. Violation of the provisions is punishable by a fine. Similarly, be punished by a fine a breach of regulations, issued under the conditions, provided that the infringement was punishable in accordance with the provisions in force so far.

§ 15. The law does not apply to the Faroe Islands and Greenland.





Act No. 1110 of 22. December 1993 amending the law on plant pests came into force on 1 January. January 1994. The amendment led to the legal basis for fixing the fee for the control of importation of harmful organisms as well as the possibility that the Minister may delegate its powers under the law, see. Amendment of sections 11 and 12.






Act No. 300 by 24. entered into force on 26 April 1996. April 1996. The law involved a modified definition of plant pest, which led to the amendment of sections, 1-7, section 10 and section 11.






Act No. 404 of the 1. June 2005, which entered into force on 3. June 2005, provides to the Agriculture Minister may delegate its powers under the law to a governmental institution outside the Ministerial area, see. Amendment of § 12. The law entered into force on 3. June 2005.






Act No. 538 of 8. June 2006 shall enter into force on the 1. January 2007. Section 72 provides consistency fix of the reference to the code of civil procedure in section 13, paragraph 6. The change is a result of police and judicial reform.






Act No. 1336 of 19. December 2008 paragraph 60 relating to section 11 of the Act on plant pests. The law will come into force 1. January 2009, see. section 167. The law is a consequence of the law on the recovery of debt to the public, and entails waiver of provisions for recovery in the specific legislation.

Ministry of food, agriculture and fisheries, the 12. March 2009 Eva Kjer Hansen/Dorthe Nielsen