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Plant Quarantine

Original Language Title: О карантине растений

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RUSSIAN FEDERATION FEDERAL LAW On plant quarantine Adopted by the State Duma on 5 July 2000 Approved by the Federation Council on 7 July 2000 class="ed">(In the version of federal laws 25.07.2002, N 116-FZ; of 22.08.2004 N 122-FZ; of 09.05.2005 N 45-FZ; of 30.12.2006 N 266-FZ; of 23.07.2008 N 160-FZ; of 28.12.2010 N 394-FZ; dated 18.07.2011 N 242-FZ This Federal Law is in accordance with the Constitution of the Russian Federation and generally accepted norms International law defines the basis of legal regulation in the field of plant quarantine in the territory of the Russian Federation and is aimed at protecting the rights and legitimate interests of citizens and legal entities. CHAPTER I. GENERAL PROVISIONS Article 1. The purpose of this Federal Law is to protect plant and plant products from quarantine objects on the territory of the Russian Federation. Article 2. Basic concepts For the purposes of this Federal Act, the following basic concepts are used: plant quarantine: a legal regime that provides a system of plant and product protection of plant origin from quarantine objects on the territory of the Russian Federation; plants-plants and parts of plants, including seeds and genetic material of plants; Unprocessed vegetable material and vegetable products of origin, which by their nature and (or) its mode of processing may pose a risk of penetration into the territory of the Russian Federation and (or) the proliferation of harmful organisms; Quarantine products (quarantine products) Material, quarantined goods-plants, vegetable products, packagings, packaging, soil or other organisms, objects or materials that may be carriers of harmful organisms or contribute to the spread of harmful organisms; Quarantine batch (quarantine) Quarantine material is a quantity of a homogeneous quarantine product (a quarantine material, a quarantine package) in one place or in one place intended to be sent by a single vehicle in a single location One destination for one recipient; quarantine phytosanitary measures (phytosanitary measures)-measures to prevent the entry into and (or) the spread of harmful organisms to the territory of the Russian Federation; harmful organism-plant of any kind, variety or biological type, animal or disease-causing organism of any kind, race, biological type liable to cause damage to plants or plant products; quarantine objects-harmful organisms, missing or limited In the territory of the Russian Federation, a list of which is established by the federal executive body responsible for the regulation of plant quarantine; Federal Act dated 18 July 2011. N 242-FZ) subquarantine objects-land of any target, buildings, structures, structures, reservoirs, storage sites, equipment, vehicles, containers, quarantined products (quarantine) Material, quarantined goods) and other objects that can be sources of penetration into the territory of the Russian Federation and (or) distribution of quarantine objects on the territory of the Russian Federation; quarantine phytosanitary area-territory, that has been established as a phytosanitary quarantine regime as a result of the detection Quarantine objects; quarantine phytosanitary regulations-quarantine phytosanitary measures established in phytosanitary phytosanitary zone; (Paragraph thirteenth lost-Federal Law dated 18 July 2011. N 242-FZ) rules and norms of plant quarantine-regulatory legal acts, normative-technical and methodical documentation on plant quarantine. Article 3. Russian Federation law in the field of plant quarantine Russian legislation in the area of plant quarantine includes Constitution of the Russian Federation, this Federal Act, other federal laws and other normative legal acts of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 4. The power of the Russian Federation to provide plant quarantine The power of the Russian Federation to administer plant quarantine is: development and holding in the Russian Federation of a single State policy; organization and conduct of federal state quarantine phytosanitary surveillance; (In the wording of Federal Law dated 18 July 2011. N 242-FZ Establishment and abolition of phytosanitary phytosanitary area, establishment and cancellation of quarantine phytosanitary regulations; development and approval of plant quarantine regulations and standards, list Quarantine objects; Quarantine control surveys; phytosanitary inspection of the territory of the Russian Federation; OF THE RUSSIAN FEDERATION The Federation of Quarantine Products (Quarantine Materials, Quarantine Goods); Implementation of Quarantine Phytosanitary Certification of Quarantine Products (Quarantine Materials, Quarantine Materials); Organize and carry out decontamination of sub-quarantine objects; enforcement of obligations under the international treaties of the Russian Federation concerning plant quarantine. Article 5. (Spconsumed by the Federal Law of 18 July 2011). N 242-FZ CHAPTER II. ENSURING SCIENCE Article 6. Establishing and abolishing the quarantine phytosanitary zone, setting and canceling the quarantine phytosanitary regime, imposition and removal of quarantine Quarantine objects authorized federal executive authority establishes quarantine phytosanitary area and quarantine phytosanitary regime, making submission to the entity's executive authority of the Russian Federation class="ed">. (In the wording of the federal laws of 22 August 2004, N 122-FZ; dated 18.07.2011 N 242-FZ In quarantine phytosanitary area, activities to control quarantine objects, localization, elimination of their pockets are being implemented, and bans on the use of certain quarantine products are being introduced. materials, quarantine goods), bans on export from the territory of quarantine phytosanitary area of certain quarantine products (quarantine material), restrictions on such use and export and other bans, and restrictions. In the liquidation of quarantine objects, the authorized federal executive body abolfies the quarantine phytosanitary area and cancers the quarantine phytosanitary regulations, The executive authorities of the constituent entity of the Russian Federation shall remove the quarantine. (...) (...) N 122-FZ; dated 18.07.2011 N 242-FZ) Article 7. Federal State Quarantine Phytosanitary Surveillance Federal State Quarantine Inspection is carried out by the authorized federal executive authority (Dalea) OF THE PRESIDENT OF THE RUSSIAN FEDERATION The provisions of the federal law apply to the relations related to the implementation of federal state phytosanitary surveillance, the organization and conduct of inspections of legal entities and individual entrepreneurs. December 26, 2008 N 294-FZ "On protection of the rights of legal persons and individual entrepreneurs in the exercise of state control (supervision) and municipal control". (Article in the wording of Federal Law dated 18 July 2011. N 242-FZ) Article 8. Quarantine certification Quarantine products (Quarantine Quarantine Materials, Quarantine and Quarantine Goods) Importation of Quarantine Quarantine Sites, Free from Quarantine Phytosanitary zones and carriage of quarantined products (sub-quarantine material) produced in the territory of the Russian Federation, in the cases provided for by the rules and regulations for plant quarantine, are permitted if: to such sub-quarantine products (quarantined material, The quarantine package) is issued in accordance with the procedure established by the legislation of the Russian Federation and the quarantine certificate issued by the State supervisory authority of the Russian Federation. (a) the requirements of the rules and regulations for the quarantine of plants. Each batch of quarantined products (Quarantine, Quarantine goods) imported into the territory of the Russian Federation or exported from the territory of the Russian Federation is accompanied by a phytosanitary certificate issued in of the Russian Federation. 18/07/2011 N 242-FZ) Article 9. Protection of the territory of the Russian Federation from quarantine objects Importation into the territory of the Russian Federation of quarantineable products (quarantined material, as a quarantine item) is allowed, if on the specified products There are documents for its importation, as well as documents certifying the conformity of such products with the requirements of the international agreements of the Russian Federation concerning plant quarantine, rules and regulations for plant quarantine. It is prohibited to import into the territory of the Russian Federation subquarantine products (quarantine material) contaminated with quarantine objects (except in the cases provided for by regulations and rules of security). quarantine of plants), as well as quarantine products (quarantine material), if at the time it is imported, the rules and norms of plant quarantine are violated. Importation into the territory of the Russian Federation of quarantined products (Quarantine material, Quarantine goods), except those imported by individuals for personal, family, household and other non-related goods. Implementation of entrepreneurial activities of needs is carried out in specially equipped and intended crossing points across the State border of the Russian Federation (hereinafter referred to as the specialized crossing points), in which are organized in accordance with the requirements of the quarantine regulations and standards plants of plant quarantine stations. The list of specialized crossing points shall be determined in accordance with the procedure established by the Government of the Russian Federation. (...) (...) N 394-FZ) Quarantine products (Quarantine material, Quarantine goods), which are imported into the territory of the Russian Federation, are subject to mandatory quarantine phytosanitary controls. In the wording of federal laws of 28 December 2010. N 394-FZ; dated 18.07.2011 N 242-FZ) N 242-FZ Quarantine phytosanitary control of the import into the territory of the Russian Federation and export from the territory of the Russian Federation of quarantineable products (Quarantine, Quarantine and Quarantine Materials) ) is carried out by the State Supervision Authority and by Customs authorities. (In the wording of the federal laws of 22 August 2004, N 122-FZ; of 28.12.2010 N 394-FZ; dated 18.07.2011 N 242-FZ) In the implementation of state quarantine phytosanitary controls at the specialized crossing points, officials of the customs authorities shall check the documents submitted The carrier or the person acting on his behalf upon the arrival of the quarantine products (the quarantineable material, the quarantine cargo) in the territory of the Russian Federation. (Part added-Federal Law of 28 December 2010 N 394-FZ)According to the results of the examination of documents by officials of the customs authorities, the decision on the import of the quarantine products (the quarantine material) to the territory of the Russian Federation is made The Federation for its further transport in accordance with the Customs transit procedure, or its immediate removal from the territory of the Russian Federation or sent to specially equipped and equipped sites (border crossings) plant quarantine) at specialized crossing points for The inspection of quarantine products (substandard material, the quarantine cargo) by officials of the federal executive branch of the plant quarantine. (Part added-Federal Law of 28 December 2010 N 394-FZ) How to implement State quarantine phytosanitary control at checkpoints across the State border of the Russian Federation (including the procedure for customs enforcement of decisions on results) check of documents at specialized crossing points and procedure for determining the types of quarantine products (sub-quarantine material) in accordance with the common commodity nomenclature of foreign economic activity of Customs on the occasion of the inspection of quarantine products The Government of the Russian Federation determines (the quarantine material, the quarantine package). (Part added-Federal Law of 28 December 2010 N 394-FZ) Importation of quarantine objects in the Russian Federation is regulated by plant quarantine regulations and rules. It is prohibited to use quarantine objects contaminated with quarantine objects, except in the case of plant quarantine regulations and rules. The use of quarantine phytosanitary measures and restrictions (in any form) is prohibited for purposes other than plant quarantine. Article 10. Decontamination, cleaning, degassing Quarantine objects Quarantine products (Quarantine material, Quarantine goods) imported into the territory of the Russian Federation contaminated with quarantine objects Decontamination at points of entry through the State border of the Russian Federation or in places of destination, except in the cases provided for by the plant quarantine regulations and rules. Quarantine products (Quarantine material, Quarantine goods), which are imported into the territory of the Russian Federation, are subject to prophylactic decontamination in the cases envisaged The rules and regulations of plant quarantine. The vehicles used for the carriage of the quarantineable products (Quarantine, Quarantine load) must be cleaned up or decontaminated in accordance with the rules and regulations. plant quarantine. Work on decontamination of quarantined objects and gas-freeing of quarantine objects is carried out by the state oversight body. (In the wording of federal laws dated 22.08.2004. N 122-FZ; dated 18.07.2011 N 242-FZ) Decontamination, cleaning, degassing of sub-quarantine objects are carried out in accordance with the rules and regulations of plant quarantine. Article 11. Responsibilities of organizations, individual entrepreneurs and citizens in the field of plant quarantine the Organization, individual entrepreneurs and citizens engaged in production, harvesting, import into The territory of the Russian Federation, export from the territory of the Russian Federation, transport, storage, processing, use and sale of quarantineable products (as a quarantine material, as a quarantine package), are obliged to: plant quarantine regulations in production, Stub, import into the territory of the Russian Federation, export from the territory of the Russian Federation, transport, storage, processing, use and sale of quarantined products (substandard quarantine material); immediately notify the state oversight body of the arrival of quarantined products (Quarantine, Quarantine and Quarantine Materials); (In the federal laws dated 22.08.2004. N 122-FZ; dated 18.07.2011 N 242-FZ) not allow unopened vehicles and containers of quarantined products (quarantined, under quarantine) without permission in writing to enter the territory of the Russian Federation State oversight body; (In the wording of the federal laws of 22.08.2004) N 122-FZ; dated 18.07.2011 N 242-FZ create the necessary conditions for the timely implementation of federal state quarantine phytosanitary surveillance; (In the wording of Federal Law from 18.07.2011 N 242-FZ) allocate for storage of quarantined products (quarantined material, quarantine goods) premises that are in conformity with quarantine phytosanitary requirements and ensure the protection of such products; prevent the cleaning of vehicles with quarantineable products (as a quarantine product, as a quarantine package) and in places not intended to do so; ensure that the quarantine package is properly stored. Quarantine material (Quarantine Materials, Quarantine and Quarantine) up to The beginning of the implementation of the federal state quarantine phytosanitary supervision; (In the wording of Federal Law dated 18 July 2011. N 242-FZ) Allocate vehicles, specially equipped berths, spaces, rooms, where necessary for workers to decontaminate, clean, degas quarantine objects; immediately notify the State oversight body of signs of contamination of quarantine objects by quarantine objects; (In the federal laws of 22.08.2004 N 122-FZ; dated 18.07.2011 N 242-FZ to transport quarantine products (quarantine material) with measures to prevent its loss and possible contamination of the territory of the Russian Federation with quarantine products under the laws of the Russian Federation in the field of quarantine of plants, rules and regulations of plant quarantine. Quarantine and control activities, localisation, quarantination activities are carried out at the expense of owners, users of quarantined sites; inspection, decontamination, detention, destruction and return Quarantine products (Quarantine Materials, Quarantine and Quarantine Materials) are carried out at the expense of its owners, owners, users, consignees or freight forwarders. Article 12. Quarantine detection and prevent distribution In order to identify quarantine objects in a timely way, to define the boundaries of their homes, quarantine objects are subject to a systematic quarantine. Phytosanitary inspection. The quarantine phytosanitary regulations are established in the procedure defined in Article 6 of this Federal Law when the quarantine sites are identified. Grain products imported into the territory of the Russian Federation, in cases provided for by the rules and regulations for plant quarantine, are to be processed in accordance with seed technology Viability. The grains and grain processing products from the processing areas with viable seeds are not allowed. Article 13. Removal, destruction, return of a quarantine item products (Quarantine material, sub-quarantine load) In accordance with the legislation of the Russian Federation, in order to prevent infiltration into the territory In the Russian Federation and (or) the distribution in the territory of the Russian Federation of Quarantine Objects Quarantine Products (Quarantine, Quarantine Goods) may be deleted, destroyed or returned to the officials of the State supervision and customs authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the federal laws of 22 August 2004, N 122-FZ; of 28.12.2010 N 394-FZ; dated 18.07.2011 N 242-FZ) Article 14. Control activities carried out in quarantined product (Quarantine, Quarantine Cargo) With respect to quarantine products (Quarantine material, quarantined material) by officials of the State supervision authorities carry out monitoring activities, if necessary including inspection, examination of such quarantine products (subquarantine material, the use of substandard products), sampling and Expertise. (The article in the Federal Law of 18 July 2011) N 242-FZ CHAPTER III. Embassy of the Russian Federation The basic principle of the organization and operation of the State plant quarantine service of the Russian Federation State quarantine service of plants of the Russian Federation is one federal one a centralized system of public authorities and plant quarantine organizations. The Government of the Russian Federation approves the Regulations on the State Plant Quarantine Service of the Russian Federation. Article 16. Rights of officials exercising State Quarantine Phytosanitary control (Federal Law from 18.07.2011 N 242-FZ) Officials carrying out federal state quarantine phytosanitary surveillance in accordance with the law of the Russian Federation have the right: (B Federal Law of 18 July 2011. N 242-FZ) unhindered access to quarantine objects belonging to individual entrepreneurs and citizens, to quarantine objects, irrespective of the organizational and legal forms and forms of ownership of the organizations Such objects, as well as the territories of military units, objects of the federal executive authorities responsible for defence, security, internal affairs, and class="ed"> fire safety, customs, security The State Border of the Russian Federation, for the purpose of phytosanitary quarantine and other control activities; (In the wording of federal laws dated 25.07.2002 N 116-FZ; dated 18.07.2011; "From the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, local government bodies, organizations, individual entrepreneurs and citizens documented," he said. information concerning plant quarantine; (Paragraph 4 is no more effective-Federal Act No. N 242-FZ (Paragraph 5 is no more effective-Federal Act No. N 242-FZ (Paragraph 6 was lost)-Federal Act of 09.05.2005 N 45-FZ); give organizations, individual entrepreneurs and citizens mandatory rules for the elimination of plant quarantine regulations and rules; take decisions on decontamination, treatment, degasification, return of subquarantine products (quarantinable material, quarantine goods); check out, destroy subquarantine products (Quarantine material, Quarantine material) of the goods) , in the manner prescribed by law OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 242-FZ) Implement other plant quarantine legislation of the Russian Federation. Officials carrying out federal state quarantine phytosanitary surveillanceare permitted to keep, carry and use service weapons in accordance with the procedure established by Russian law. Federation. (In the wording of Federal Law No. N 242-FZ Effects in any form on officials who conduct federal state quarantine phytosanitary surveillancein order to influence their decisions or prevent them Their activities are not permitted and entail the liability established by the legislation of the Russian Federation. (In the wording of Federal Law No. N 242-FZ) Article 17. The flag, the flag and the insignia of the State plant quarantine service of the Russian Federation State Service of Plant Quarantine of the Russian Federation has a flag, flag and identification mark. The position on the flag, the empel and the identification mark of the state plant quarantine service of the Russian Federation is approved by the federal executive authority of the Russian Federation authority. (In the wording of Federal Law No. N 160-FZ) Article 18. Financing of the public service of the Russian Federation Plant Quarantine Financing of the State plant quarantine service of the Russian Federation is financed from the federal budget class="ed"> (as amended by the Federal Law of 22.08.2004) N 122-FZ). (Overtaken by Federal Act No. N 242-FZ) Article 19. The uniforms of the officials of the State plant quarantine service Russian Federation officials of the State quarantine service of plants of the Russian Federation are entitled to wear uniforms. CHAPTER IV. FINAL PROVISIONS Article 20. The entry into force of this Federal Law This Federal Law shall enter into force on the date of its official publication, with the exception of Articles 8 and 9 of this Federal Law. Articles 8 and 9 of this Federal Law shall come into force at the expiration of thirty days from the date of the official publication of this Federal Law. " To instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 15 July 2000 N 99-FZ