Law of 5 April 1951, laying down new provisions for the protection against and control of organisms, harmful to agriculture
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down new provisions for the protection and control of organisms which are harmful to agriculture.
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
b. "Inspection" means: Inspector General of the Netherlands Food and Warenes Authority, as well as the official replacing him;
c. "institution": a legal person governed by private law, having full jurisdiction, as referred to in Article 9 ;
d. [ Red: expired;]
e. "harmful organisms" means any animal or plant-organisms harmful to plants or plant products, and viruses, mycoplasmas, viroids, rickettsias, or other pathogens;
f. "plants" means live plants and live parts of plants, including fresh fruits and seeds;
(g) "plant products" means products of plant origin which have not been processed or which have undergone a simple operation only, in so far as they are not intended for plants;
h. "trading" means: sales, offering for sale or delivery, as well as with the eye of available or in stock;
i. "enter": to bring in the Netherlands;
j. "carry out": bring outside the Netherlands;
k. 'growing' means the placing or holding of plants in soil or in another culture medium.
1 In order to prevent the occurrence and the spread of harmful organisms, our Minister may, on the import and import of harmful organisms, from plants or plant products, from soil or other cultural media, from plants or plants or plants, prohibit or regulate packaging material used for, before or after importation, whether or not they are to be satisfied before or when the export is carried out.
2 The rules referred to in paragraph 1 may cover, inter alia:
(a) the requirements to be met by the cases referred to therein;
(b) the notification of the intention to import, on the basis of their exports;
c. The research to be carried out;
d. Keep it in temporary isolation;
e. the place of destination and the intended use;
f. transport to the place where the investigation or temporary isolation will take place, to the place of destination, or to the place of re-exportation;
g. the cleansing and disinfection of premises in which imported goods, listed in paragraph 1, have been stored, of means of transport with which those cases have been transported or moved and of items which, in the case of storage, transport or movement, have been transported used.
3 The inspector general shall be responsible for preventing the occurrence and dissemination of harmful organisms, the import and export of a consignment consisting of, or consisting of, harmful organisms, plants, plant products, soil or prohibit any other cultural media, or the packaging material used for plants or plant products, or to provide requirements which must be satisfied before, before or after importation, before or upon exportation of that consignment.
4 Any person who is so concerned shall be required to produce plants, plant products, land or other cultural media and harmful organisms which may not have been imported on the basis of the preceding paragraphs, in accordance with a carrying out or treating or destroying, within the period prescribed therein, the inspector general and, where necessary, to bring to a specific location the order declared in the order.
1 In order to prevent the occurrence and the spread of harmful organisms and to combat them, they may, in accordance with or pursuant to general measures of management, be subject to the following:
(a) the cultivation, harvesting and grubbing-up of plants, the giving of a specific destination to plants or plant products and the characteristics, the sealing, storage, holding or holding of plants, marketing, movement, transport, processing, to dispose of, destroy or otherwise disprove plants and plant products, used for the purposes of packaging, harmful organisms, soil or other cultural media and residues thereof, and waste of plants and plant products;
b. Cleaning and disinfection of premises, installations, means of transport, tools and tools, and cleaning, disinfection or, if necessary, destruction of used materials and other objects;
(c) the application of disinfection measures by persons on entering or leaving premises or land;
d. the provision of facilities in or to premises;
e. to use or use water for the cultivation of plants;
(f) the reporting of signs of damage to plants or plant products by harmful organisms;
g. other subjects, in so far as the fulfilment of international agreements or decisions of international organisations so entails, or
h. administrative obligations and obligations relating to the provision of information related to parts a to g.
2 Our Minister is empowered to regulate the fight against harmful organisms, as provided for in paragraph 1, for a period of not more than four months.
3 If an immediate provision is provided, our Minister shall be empowered to give, for a period of not more than four months, rules relating to individual cases concerning what is stated in paragraph 1.
1 The person who plants, belonging to species or groups designated by Our Minister, is under an obligation to produce annually in accordance with the rules of our Minister, to declare the land to be cultivated with those plants; and places.
2 The person who plants, belonging to species or groups designated by Our Minister, whether or not commercial or not, is obliged to declare annually in accordance with the land and buildings he is responsible for, in accordance with the rules of our Minister. used for storage, processing and the preparation of those plants for dispatch.
Our Minister is empowered in cases where the damage, resulting from the application of Article 3 of the State Treasury, which would be disproportionate to one or more persons, to grant a concession in respect of the damage suffered.
Our Minister may, when the application of Article 3 giving rise to grounds of injustice by, or because of the inspector general at the cost of driving, certain measures to prevent and control harmful organisms.
Rules governing the introduction or cultivation of parasites of harmful organisms may be laid down or under general management measures.
1 Our Minister may provide that reimbursement of expenses is levied according to a rate fixed by our Minister for the task assigned to it by the Food and Warenes Authority (Netherlands) or an institution which has been undertaken by the Netherlands. operations.
2 Our Minister may arrange for the lifting and payment of the fee. It may be laid down that the fee shall be levied by the institution carrying out the investigations or operations.
Our Minister is empowered to impose a charge under administrative coercion to enforce obligations imposed on or under this law.
1 The publication of decisions taken pursuant to this Act which are not addressed to one or more interested parties shall, on request, give their cooperation to the mayors.
2 The rules of general nature established pursuant to this Act shall, in so far as they are not laid down in a general measure of administration, be Dutch Official Gazette It is known
In the case of a general measure of management, institutions which may be willing to do so may, in a scale to be determined by that measure, be co-responsible for the implementation of the measures to be taken in such a measure. Article 3, first paragraph -What?-What?
On an institution as specified in Article 9 is the Framework Law on self-employed administrative bodies applicable.
1 With the supervision of compliance with or under this law, the officials appointed by the decision of our Minister, and the persons designated by the decision of Our Minister, shall be responsible for carrying out the work of the to or under this law certain, operating in the case of audit institutions or inspection bodies as referred to in Article 8 of the Agricultural Quality Act Other Article 19 of the Seeds and Plant Law 2005 .
2 The officials and persons referred to in paragraph 1 shall also be responsible for the investigation of the presence of harmful organisms.
3 Of a decision referred to in paragraph 1 shall be communicated by placing in the Official Gazette .
1 Our Minister is empowered to impose a burden under administrative constraints in order to maintain Article 5:20, 1st paragraph, of the General Law governing the administrative law , in so far as it concerns the obligation to cooperate with a Article 10 designated official or person.
2 Obtain the Article 10 Officials or persons referred to above or suspected of having harmful organisms than are competent, pending the adoption of measures to be taken under this Act, in individual cases for the time of eight and forty hours or as much longer as the judgment of Our Minister requires transporting or moving the harmful organisms, from plants, plant products, soil or other cultural media or other goods in which or upon which the prohibit, prohibit or present harmful organisms in respect of such products.
The BloembollenDisease Act 1937 ( S. no. 639 L) is hereby repealed with effect from a royal decree, which shall be determined by the Royal Decree.
This law may be cited under the title of the Plant Health Act.
Burdens and orders, which are in the State Sheet will be placed and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise implementation.
Given at Paleize Soestdijk, 5 April 1951
The Minister for Agriculture, Fisheries and Food,
MANSHOLT.Issued the sixth of July 1951.
The Minister of Justice,