Key Benefits:
Publication of plant harmful organisms
This shall be made known as plant harmful organisms, cf. Law Order no. 760 of 29. June 2006, with the changes resulting from Article 60 of Law No 1336 of 19. December 2008.
§ 1. The Minister for Food, Agriculture and Fisheries may provide for measures to combat and prevent the introduction and dissemination of living organisms, but not vertebrate animals, and viruses directly or indirectly may cause losses to the plant breeding ; (harmful organisms), and may, in particular, lay down rules for the implementation of rules laid down by the European Community.
§ 2. The Minister for Food, Agriculture and Fisheries may lay down rules on food, agriculture and fisheries in accordance with section 1 :
1) the prohibition of imports, sales, storage and other form of live plant harmful organisms or crops of harmful organisms and plants, plant products, soil or other growing media that are or are suspected to be attacked by or to : contain such plant harmful organisms,
2) export control of plants, plant products, soil and other growing media,
3) prohibitions on sowing or planting areas and the opening of the insulation of such areas, and the planting of areas ;
4) prohibition of planting of specified plant species,
5) the prohibition of the removal of specified plants, plant products, land and other growing media from a specified area ;
6) conditions relating to the treatment of areas, plants, plant products, land and other growth media, with control measures,
7) injuns of pruning or removal of plants ;
8) instructions for the disinfection of packaging, utensils, machinery, means of transport and spaces and other areas from which harmful organisms are to be disseminated ;
9) requirements for the destruction of plants, plant products and packaging ;
10) for the collection and destruction of plant harmful organisms.
§ 3. The Minister for Food, Agriculture and Fisheries may, by means of the export of plants, plant products, soil or other growth media, take the measures required in accordance with the phytosanitary legislation of the beneficiary country.
§ 4. In order to combat or prevent the introduction and dissemination of plant harmful organisms, the agricultural and fisheries minister may carry out inspections of public and private property and means of transport. The monitoring must be necessary to verify compliance with the provisions in force or in order to take a decision on the setting of rules in accordance with section 1 and may be made without a court order. On request, the need for the inspection must be justified and legitimised.
Paragraph 2. Owners or users of areas and producers, owners, importers or exporters of plants, plant products, soil and other growth media shall provide necessary assistance in carrying out inspections in accordance with paragraph 1. 1.
§ 5. The Minister for Food, Agriculture and Fisheries may :
1) non-remunerated samples of plants, plant products, soil and other growing media for the presence of plant harmful organisms,
2) collect the owners or users of areas and producers, owners, importers or exporters of plants, plant products, soil and other growth media available to make decisions by the law or regulations ; determined by the law.
§ 6. The Minister for Food, Agriculture and Fisheries may lay down provisions for the person who is familiar with or assume that plants, plant products, soil or other growing media that are in his possession or beror at his place are under attack or in the case of harmful organisms, notification of this to the Minister, and to ensure that such plants, plant products, land and other growth media must not be removed from the place without the minister's consent.
Paragraph 2. The Minister for Food, Agriculture and Fisheries may provide for the implementation of the provisions laid down by the European Community by establishing rules that any man who is familiar with or has contrasting on the presence of harmful organisms should report this ; To the Minister.
Paragraph 3. The Minister for Food, Agriculture and Fisheries may lay down provisions which allow for use of the presence of land used for agricultural purposes to sell, landlord or displease an area with the presence of organisms of harmful organisms.
§ 7. The treasury shall replace losses resulting from an immobilised destruction of plants, plant products, soil or other growth media as well as packaging, unless the eradication is attacked by or infetable with harmful organisms.
§ 8. The costs incurred in carrying out the required measures shall be the responsibility of the tender, cf. However, section 7.
Paragraph 2. The Minister for Food, Agriculture and Fisheries may provide that the costs of herbal measures, including expenditure on control measures, shall be borne by the Treasury Fund.
§ 9. Claims for compensation after Section 7 shall be lost if it is not presented to the Minister for Food, Agriculture and Fisheries within 6 months of the date of the destruction of the destruction.
Paragraph 2. Claims for compensation after paragraph 7 lapses if the person concerned, in the event of a breach of provisions laid down in accordance with the law, prohibitions or injuns granted in accordance with such provisions or otherwise by inequitable behaviour, has necessitates the destruction of the destruction.
§ 10. Avoids an owner or user of an area or producer, owner, importer or exporter of plants, plant products, soil or other growth media to carry out herbal measures, may the agriculture and fisheries minister allow the work to be carried out on the At the expense of the debt. Section 4 shall apply mutatis muties to the execution of the work.
§ 11. The Minister for Food, Agriculture and Fisheries may lay down fees to cover expenditure on imports and exports of plants, plant products, soil and other growth media.
Paragraph 2. The Minister for Food, Agriculture and Fisheries may lay down rules on interest rates for late payment of fees and on charging fees for rememgatory letters.
§ 12. If the Minister for Food, Agriculture and Fisheries shall be subject to the jurisdiction of the Ministry, the Minister may lay down rules on access to justice, including the fact that a complaint cannot be brought before the end of the exercise of the law ; a second administrative authority and the competent authorities to resume a case after a complaint has been lodged.
Paragraph 2. The Minister for Food, Agriculture and Fisheries may, in consultation with the person concerned, post his powers under the law to a different governmental authority or institution. The Minister may, in connection with this, lay down rules on access to a complaint by the decisions of these authorities or institutions, including the fact that a complaint cannot be brought to the second administrative authority and whether the authority or the institution is to be lodged ; Whereas it is necessary to resume a case after an appeal has been lodged by the Ministry of Agriculture and Fisheries under this law to an authority under the Ministry, the Minister may lay down rules for access to the complaint against the authority of this authority ; decisions, including the fact that decisions may not be made for higher administrative decisions ; Authority.
§ 13. Unless higher penalties are inflited on the other legislation, the penalty shall be punished by fine, which provides inaccurate information or fails to provide information in accordance with section 5 (5). 2.
Paragraph 2. The withdrawal of section 4 (4). Two, punishable by fine.
Paragraph 3. The provisions laid down in accordance with the law may be punished for the penalties provided for in the provisions and in respect of those who fail to comply with the prohibition or the inaugings granted in accordance with the provisions of the provisions of this Directive.
Paragraph 4. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
Paragraph 5. Estimates of a breach of regulations determined in accordance with the law not to impose higher penalties than fine, the Minister for Food, Agriculture and Fisheries may indicate that the case can be determined without legal proceedings. It is a condition for doing so that the offence committed by the offence and declares itself to be prepared within a specified period, which may be extended, in accordance with the request of the request, of the payment of a fine.
Paragraph 6. In the case of the one referred to in paragraph 1, The said indication shall be that the provisions of the Danish Court of Justice Section 895 shall apply mutatis mucous.
Paragraph 7. If the fine is timely, or will it be after the adoption or the time of the adoption, the following is being pursued further.
§ 14. The law shall enter into force on 1. July 1984.
Paragraph 2. At the same time, no 121 of 12. April 1957 on the control of dangerous plant diseases and pests and law no. 55 of 27. March 1903 on the spread of rust mushrooms.
Paragraph 3. Provisions laid down or maintained in accordance with the laws referred to in paragraph 1. 2, remain in force until they are repealed by the minister of food, agriculture and fisheries. The violation of the provisions shall be punished by fine. Similarly, penalties shall be subject to penalties imposed in accordance with the provisions laid down in accordance with the provisions in force in accordance with the provisions laid down in the current rules.
§ 15. The law does not apply to the Faroe Islands and Greenland.
