Law of April 5, 1951, containing new provisions to prevent and combat organisms harmful to agriculture
We JULIANA, by the Grace of God Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc... | || all who shall see or hear these presents! Be it known:
So, we have taken into consideration, it is desirable to adopt new rules to prevent and control organisms which are harmful to agriculture;
So it is that We heard the Council of State, and in consultation with the States General, have approved and decreed as We hereby approve and decree:
This Act and the provisions based thereon, the following definitions apply:
a. Our Minister: Our Minister of Economic Affairs;
B. "Inspector General": Inspector General of the Dutch Food Safety Authority and the officer who replaces him;
C. "Institution": private law with full legal capacity referred to in Article 9;
e. "Harmful organisms" means plants or plant products harmful organisms of animal or plant kingdoms, or viruses, mycoplasmas, viroids, rickettsia or other pathogens;
F. "Plants" means live plants and live parts of plants, including fresh fruit and seeds;
G. 'Plant products': products of plant origin, unprocessed or having undergone only simple preparation, insofar as not plants;
H. "Marketing": selling, offering for sale or delivery and to this end have available or in stock;
I. "Entering": put in the Netherlands;
J. "Run": spend outside the Netherlands;
K. "Cultivate" means introducing or maintaining plants in soil or in other culture media.
1 To prevent the occurrence and spread of harmful organisms Minister, the export and import of harmful organisms of plants or plant products, soil or other cultivation media and to plants or plant products used container prohibit or arrange propose that before, during or after the import or must be met before or during the export.
2 The rules referred to in the first paragraph may relate to:
a. the requirements to be met by the goods referred to therein;
B. the sign of the intention to import or export;
C. study to be conducted;
D. keep the temporary seclusion;
E. the destination and intended use;
F. transportation to the place where the investigation or temporary separation will be made to the place of destination, or to the place of re-exports;
G. the cleaning and disinfection of premises in which imported cases mentioned in the first paragraph have been saved, means of transport with which the business is carried or moved and objects used in the storage, transport or relocation.
3 The Inspector General is authorized to prevent the occurrence and spread of harmful organisms, the import and export of a consignment, wholly or partly consisting of harmful organisms, plants, plant products, soil or other culture media, or to prohibit plants or plant products used packaging or display requirements which before, during or after the import or before or to be met on the export of the shipment.
4 Everyone who may be concerned is obliged plants, plant products, soil or other cultivation media and pests, which, under the under the preceding paragraphs should not have been introduced in accordance with a command given to him by the Inspector General perform within the period specified therein or to treat or destroy if necessary for this purpose to bring to a particular place in it in the manner specified in the warrant.
1 To prevent the occurrence and spread of harmful organisms and to combat it can be held by or arrange pursuant to Order in Council concerning:
a. growing, harvesting and harvesting of plants, giving bring a destination to plants or plant products and labeling, under seal, storage, keeping or having in stock, trading, moving, transporting, processing, treating and destroying or otherwise harmless making plants and plant products, previously used packaging, pests, soil or other cultivation media and remnants thereof, and waste of plants and plant products;
B. the cleaning and disinfection of premises, facilities, vehicles, equipment, tools and cleaning, disinfecting, or destruction if necessary, materials and other objects;
C. the application of disinfection measures by individuals when entering or leaving spaces or areas;
D. provisioning in or on premises;
E. to be used for the production of plants or water used;
F. reporting symptoms of infestation of plants or plant products by pests;
G. other topics, insofar as the implementation of international agreements or decisions of international organizations such entails, or
h. administrative obligations and commitments regarding the provision of information related to parts a through g.
2 Our Minister is authorized in the interest of controlling the pest control as referred to in the first paragraph, to propose a period not exceeding four months.
3 If an immediate supply is needed, is the Minister responsible to provide for a maximum period of four months, in respect of individual cases rules on what is stated in the first paragraph.
One person who plants belonging to designated by Our Minister species or groups, commercial cultivation is required to prepare annually under control by the Minister to declare by cultivated land and put him with those plants.
2 The one who plants belonging to designated by Our Minister species or groups, whether or not commercial markets required annually according to rules regulating the Minister to declare the land and buildings which it uses for storage, processing and preparation for transmission of those plants.
Our Minister is authorized in cases where the damage that results from the application of Article 3 data rules would disproportionately pressing one or more persons from the National Treasury to grant relief in damages .
The Minister may, if the application of Article 3 to unfairness would result by or on behalf of the Inspector-General 's Rijks costs do take certain measures to prevent and control pests.
By or regulations issued pursuant to an Order of directors on the introduction or breeding of parasites harmful organisms.
1, Our Minister may provide for reimbursement of costs is levied at a rate fixed by the Minister for the purposes of the task assigned by the Dutch Food and Goods Authority or an institution made investigations or operations.
2 The Minister may establish rules concerning the levying and payment of the fee. It may be provided that the fee is levied by the institution conducting the investigations or operations.
Our Minister is authorized to impose an order subject to administrative penalties to enforce obligations imposed by or under this Act.
1 The publication of taken under this Act decisions not to one or more interested parties are addressed, provide mayors request their cooperation.
2 control are a general nature established under this Act, other than those laid down in a governmental decree, published in the Dutch Government Gazette.
By governmental decree, institutions which so provide a measure by which to determine extent and in a determined manner, partly responsible for the implementation of Article 3, paragraph rules adopted readiness.
In an institution as referred to in Article 9, the independent administrative bodies Framework Act apply.
1 with monitoring compliance with the provisions under or pursuant to this Act are taxed at the decision of the Minister appointed officials and persons designated by decision of the Minister with responsibility for work to implement it in accordance with this statutory provisions, working at control institutions or inspection bodies referred to in Article 8 of the agricultural Quality Act or section 19 of the Seeds and Planting Materials
2005. 2 the first paragraph referred to civil servants and persons are also charged with the investigation of presence of harmful organisms.
3 A decision as referred to in the first paragraph shall be announced by publication in the Government Gazette.
Sections 5:13 and 5:15 to 5:20 of the General Administrative Law Act shall apply mutatis mutandis in Article 10, second paragraph referred to civil servants and persons.
1 Our Minister is authorized to impose an order subject to administrative measures of Article 5:20, first paragraph, of the General Administrative Law, insofar as the obligation to provide assistance to a designated officer under Article 10 or person.
Obtaining the two they have jurisdiction, pending pursuant to prescribe this law measures in individual cases the knowledge or suspicion of the presence of harmful organisms officials or persons referred to in Article 10 for a period of forty-eight hours or longer if in the opinion of the Minister is required to transport or remove the harmful organisms, plants, plant products, soil or other culture media or other goods in or on which can stand the pests, prohibit or thereabouts rules to give.
Article 13 [Repealed as of 01-01-1998]
Article 14 [Repealed as of 21-02-1997]
Article 15 [Repealed as of 01-01-1994]
Article 16 [Repealed as of 01-01-2013]
[Red: Contains changes in other regulations.]
The Bloembollenziektenwet 1937 (S. no. 639 L) is repealed with effect from a date to be determined by Royal Decree.
This Act may be cited under the title of Plant Diseases.
Order and command that this be published in the Official Gazette and that all ministerial departments, authorities, bodies and officials whom it may concern shall diligently implement it manually.
Given at the palace Soestdijk, 5 April 1951
The Minister of Agriculture, Fisheries and Food,
July 1951. The Minister of Justice,