Plant Quarantine

Original Language Title: О карантине растений

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102066776

RUSSIAN FEDERATION FEDERAL plant quarantine Act passed by the State Duma July 5, 2000 year approved by the Federation Council July 7, 2000 year (as amended by the federal laws of 25.07.2002 N 116-FZ;
from 22/08/2004, no. 122-FZ; from 09.05.2005 N 45-FZ;
from Dec. 30 N 266-FZ; from 23.07.2008 N 160-FZ;
from 28.12.2010. N 394-FZ; from 18/07 N 242-FZ) this federal law in accordance with the Constitution of the Russian Federation and the universally recognized norms of international law determines the regulatory framework in the field of plant quarantine on the territory of the Russian Federation and aimed at protecting the rights and lawful interests of citizens and legal persons.
Chapter i. General provisions article 1. The purpose of this federal law, the purpose of the Federal law is to provide protection for plants and vegetal products from the quarantine objects on the territory of the Russian Federation.
Article 2. Basic concepts for the purposes of this federal law uses the following concepts: plant quarantine regime, providing for a system of measures for the protection of plants and vegetal products from the quarantine objects on the territory of the Russian Federation;
plants-plants and parts of plants, including seeds and plant genetic material;
products of vegetable origin-nepererabotannyj material of plant origin and products of plant origin, which by their nature and (or) its way of processing can create the risk of infiltration into the territory of the Russian Federation and (or) the spread of harmful organisms on it;
regulated products (podkarantinnyj podkarantinnyj material goods)-plant products of vegetable origin, packing, soil or any other organism, object or material that may be carriers of harmful organisms or contribute to the spread of harmful organisms;
party products (podkarantinnogo material, podkarantinnogo)-the number of homogeneous products (podkarantinnogo material, podkarantinnogo), located in one place or in one place and intended to send one vehicle at one destination one recipient;
quarantine phytosanitary (SPS measures)-measures to prevent infiltration into the territory of the Russian Federation and (or) the spread of harmful organisms on it;
Pest-Plant of any kind, class or biological type, an animal or a diseased organism of any kind as to race, biological type, capable to harm plants or products of plant origin;
quarantine harmful organisms, objects are missing or partially common on Russian Federation territory, the list whereof shall be determined by the federal executive body responsible for the normative-legal regulation in the field of plant quarantine; (As amended by the Federal law of 18 N 242-FZ) Statute of the Earth objects any purpose, building, buildings, constructions, reservoirs, storage sites, equipment, vehicles, containers, regulated products (podkarantinnyj podkarantinnyj material goods) and other objects, which can be sources of infiltration into the territory of the Russian Federation and (or) distribution on her quarantine facilities;
quarantine phytosanitary area-territory where the installed quarantine phytosanitary regime due to the identification of quarantine facilities;
phytosanitary quarantine mode phytosanitary measures established in the quarantine phytosanitary area;
(Thirteenth paragraph of ineffective-the Federal law dated 18/N 242-FZ) rules and regulations ensure the plant quarantine-normative legal acts, normative-technical and methodological documentation on the provision of plant quarantine.
Article 3. The legislation of the Russian Federation in the field of plant quarantine legislation of the Russian Federation in the field of plant quarantine includes the Constitution of the Russian Federation, this federal law, other federal laws and taken in accordance with them other normative legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
Article 4. Powers of the Russian Federation to ensure quarantine of plants to the powers of the Russian Federation to ensure quarantine of plants include: development and implementation in the Russian Federation, the unified State policy;
Organization and holding of federal State quarantine phytosanitary supervision; (As amended by the Federal law of 18 N 242-FZ) establishment and abolition of phytosanitary quarantine zone, establishment and disaffirmation of phytosanitary regime;
the development and adoption of the rules and norms for plant quarantine, list of quarantine facilities;
conduct monitoring surveys of quarantine facilities;
establishing phytosanitary condition of the territory of the Russian Federation;

development and establishment of the procedure of entry into the territory of the Russian Federation, export from the territory of the Russian Federation of regulated products (podkarantinnogo material, podkarantinnogo);
implementation of quarantine and phytosanitary certification of regulated products (podkarantinnogo material, podkarantinnogo);
organizing and conducting decontamination quarantine facilities;
ensuring compliance with obligations under international treaties of the Russian Federation concerning plant quarantine.
Article 5. (Repealed-federal law 18/N 242-FZ), chap. II. The PROVISION of PLANT QUARANTINE Article 6. The establishment and abolition of phytosanitary quarantine zone, establishment and disaffirmation of phytosanitary regime, imposition and lifting of the quarantine in identifying infection (clogging) quarantine quarantine objects the objects of the authorized federal body of executive power shall establish quarantine phytosanitary area and phytosanitary regime, makes a representation to the Executive authority of the Russian Federation, imposing quarantine. (As amended by the federal laws from 22/08/2004, no. 122-FZ; 18 N 242-FZ) in quarantine phytosanitary area activities to combat the quarantine localization objects, eliminating their hearths, bans on the use of certain regulated products (podkarantinnogo podkarantinnogo material goods), prohibitions on the export from the territory of quarantine phytosanitary zone specific regulated products (podkarantinnogo podkarantinnogo material), such use and export restrictions and prohibitions and other restrictions.
With the Elimination of hotbeds of quarantine facilities authorized federal executive body eliminates the quarantine phytosanitary area and cancels the phytosanitary treatment appropriate to the Executive authority of the Russian Federation clears quarantine. (As amended by the federal laws from 22/08/2004, no. 122-FZ; 18 N 242-FZ) Article 7. Federal State quarantine phytosanitary supervision Federal State quarantine phytosanitary supervision is carried out by the authorized federal enforcement authority (hereinafter State supervisory agency) in the manner prescribed by the Government of the Russian Federation.
The relations related to the implementation of the Federal State quarantine phytosanitary oversight, organization and carrying out of audits of legal entities and individual entrepreneurs, the provisions of the Federal law dated December 26, 2008 year N 294-FZ "on protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) and municipal control."
(Article in the Editorial Office of the Federal law dated 18/N 242-FZ) Article 8. Quarantine phytosanitary certification of regulated products (podkarantinnogo material podkarantinnogo) import quarantine objects-free zone, removal of quarantine and phytosanitary areas and transportation of regulated products (podkarantinnogo podkarantinnogo material goods), originating in the territory of the Russian Federation in cases, stipulated by rules and regulations to ensure quarantine of plants, permitted, if such regulated products (podkarantinnyj material podkarantinnyj cargo) has been issued in accordance with the legislation of the Russian Federation State supervisory agency quarantine certificate certifying regulated products (podkarantinnogo material podkarantinnogo cargo) regulations and norms for plant quarantine.
Each consignment of regulated products (podkarantinnogo podkarantinnogo material goods) imported into the Russian Federation or transported from the territory of the Russian Federation, accompanied by a phytosanitary certificate issued in accordance with an international agreement of the Russian Federation.
(Article in the Editorial Office of the Federal law dated 18/N 242-FZ) Article 9. Protection of the territory of the Russian Federation from the quarantine objects importation into the territory of the Russian Federation of regulated products (podkarantinnogo material podkarantinnogo cargo) is permitted if the specified products contain documents on its importation, as well as the documents certifying the conformity of such products with the requirements of international agreements of the Russian Federation concerning plant quarantine rules and norms for plant quarantine.
It is prohibited to import into the territory of the Russian Federation of regulated products (podkarantinnogo podkarantinnogo material goods), quarantine infected objects (except as provided by the rules and regulations to ensure quarantine of plants), as well as regulated products (podkarantinnogo podkarantinnogo material goods), if its admission violated rules and regulations ensure the plant quarantine.

Importation into the territory of the Russian Federation of regulated products (podkarantinnogo podkarantinnogo material goods), except imported by individuals for personal, family, household and other not connected with entrepreneurial activity needs is carried out in specially equipped and designed for these purposes through crossing points of the State border of the Russian Federation (hereinafter referred to as specialized check points), which are organized in accordance with the requirements of the rules and norms for plant quarantine of plant quarantine border crossings. List of specialized points is determined in accordance with the procedure established by the Government of the Russian Federation. (As amended by the Federal law dated 28.12.2010. N 394-FZ) regulated products (podkarantinnyj podkarantinnyj material goods) imported into the territory of the Russian Federation shall be subject to compulsory quarantine phytosanitary control. (As amended by the federal laws on 28.12.2010. N 394-FZ; from 18/07 N 242-FZ) (repealed-federal law 18/N 242-FZ) quarantine phytosanitary control of importation into the territory of the Russian Federation and exit from the territory of the Russian Federation of regulated products (podkarantinnogo material podkarantinnogo) is carried out by a State supervisory agency, as well as customs authorities. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 28.12.2010. N 394-FZ; from 18/07 N 242-FZ) exercising the State quarantine phytosanitary control in specialized crossings customs officials verify documents presented by the carrier or a person acting on his behalf, with the arrival of regulated products (podkarantinnogo material, podkarantinnogo) on the territory of the Russian Federation. (Part is supplemented by federal law from 28.12.2010. N 394-FZ) based on the results of the verification of documents customs officials decide on the importation of regulated products (podkarantinnogo material, podkarantinnogo) on the territory of the Russian Federation with a view to its further transportation in accordance with customs procedure, Customs transit, either on its immediate removal from the territory of the Russian Federation or its direction in specially equipped and equipped places (plant quarantine border crossings) in specialized crossings inspection of regulated products (podkarantinnogo material podkarantinnogo cargo), officials of the federal body of executive power to ensure quarantine of plants. (Part is supplemented by federal law from 28.12.2010. N 394-FZ) procedure for State quarantine phytosanitary controls at crossing points on the State border of the Russian Federation (including the procedures for adopting decisions by the Customs authorities according to the results of examination of the documents in the specialist crossings and the procedure for determining the types of regulated products (podkarantinnogo material, podkarantinnogo) in accordance with the single commodity nomenclature of foreign economic activity of the Customs Union and cases the examination of regulated products (podkarantinnogo material podkarantinnogo cargo) shall be determined by the Government of the Russian Federation. (Part is supplemented by federal law from 28.12.2010. N 394-FZ) importation into the territory of the Russian Federation of quarantine objects for scientific research is governed by rules and regulations ensure the plant quarantine.
It is forbidden to use quarantine infected objects, quarantine objects, except for the cases stipulated by the rules and regulations to ensure quarantine of plants.
Prohibits the use of quarantine and phytosanitary measures and restrictions (in all its forms) for purposes not related to the plant quarantine.
Article 10. Decontamination, cleaning, degassing of quarantine facilities regulated products (podkarantinnyj podkarantinnyj material goods) imported into the territory of the Russian Federation, quarantine infected objects subject to decontaminate at crossing points on the State border of the Russian Federation or at destination, except as provided for in the rules and regulations to ensure quarantine of plants.
Regulated products (podkarantinnyj podkarantinnyj material goods) imported into the Russian Federation from countries spread of quarantine objects shall be subject to the preventive disinfection in cases, stipulated by rules and regulations ensure the plant quarantine.
Vehicles used for the transportation of regulated products (podkarantinnogo material podkarantinnogo cargo), are subject to mandatory cleaning or disinfection if necessary in accordance with the rules and regulations to ensure quarantine of plants.
Work on the decontamination of the quarantine objects method of aeration and their outgassing are held by a State supervisory agency. (As amended by the federal laws from 22/08/2004, no. 122-FZ; 18 N 242-FZ)

Decontamination, cleaning, degassing quarantine objects shall be carried out in accordance with the rules and regulations to ensure quarantine of plants.
Article 11. Responsibilities of organizations, individual entrepreneurs and citizens in the field of plant quarantine organizations, individual entrepreneurs and citizens engaged in the production, preparation, importation into the territory of the Russian Federation, the removal from the territory of the Russian Federation, transportation, storage, processing, use and disposal of regulated products (podkarantinnogo podkarantinnogo material goods) must: comply with rules and regulations to ensure quarantine of plants in production, harvesting, importation into the territory of the Russian Federation, export from the territory of the Russian Federation , transport, storage, processing, use and disposal of regulated products (podkarantinnogo material, podkarantinnogo);
immediately notify the State supervisory agency on arrival of regulated products (podkarantinnogo material, podkarantinnogo); (As amended by the federal laws from 22/08/2004, no. 122-FZ; 18 N 242-FZ) to prevent autopsy arrived on the territory of the Russian Federation to vehicles and containers with regulated products (podkarantinnym material podkarantinnym load) without permission in writing the State supervisory body; (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 18/07 N 242-FZ) to create the necessary conditions for the timely implementation of the Federal State quarantine phytosanitary supervision; (As amended by the Federal law of 18 N 242-FZ) to allocate for storage of regulated products (podkarantinnogo material podkarantinnogo cargo) premises, appropriate quarantine phytosanitary requirements, and ensure the safety of such products;
do not allow cleaning of vehicles with regulated products (podkarantinnym material podkarantinnym loaded) on the journey, as well as in places not intended for this purpose;
to ensure the proper storage of regulated products (podkarantinnogo material podkarantinnogo) prior to the implementation of the Federal State quarantine phytosanitary supervision; (As amended by the Federal law of 18 N 242-FZ) allocating vehicles specially equipped marinas, playgrounds, premises, if necessary for the implementation of the workers decontaminated, cleaned, degassed quarantine facilities;
immediately notify the State supervisory agency on signs of infection quarantine objects of quarantine facilities; (As amended by the federal laws from 22/08/2004, no. 122-FZ; 18 N 242-FZ) to transport regulated products (podkarantinnogo material, podkarantinnogo) with the provision of measures to eliminate its losses and possible contamination of the territory of the Russian Federation the quarantine objects;
carry out other duties in accordance with the legislation of the Russian Federation in the field of plant quarantine, rules and regulations to ensure quarantine of plants.
To identify the quarantine objects and control, localization, liquidation of their foci are carried out at the expense of owners, users of quarantine facilities; inspection, disinfection, detention, destruction or return of regulated products (podkarantinnogo podkarantinnogo material goods) are carried out at the expense of its owners, owners, users, consignees or freight forwarders.
Article 12. Identification of the quarantine objects and preventing their dissemination with a view to the timely identification of quarantine objects that define the boundaries of their foci statute objects to the systematic quarantine phytosanitary survey.
When identifying pockets of quarantine facilities in the relevant territories set quarantine phytosanitary regime in the manner prescribed in article 6 hereof.
Grain, grain processing products, imported to the territory of the Russian Federation in cases, stipulated by rules and regulations to ensure quarantine of plants, can be recycled in accordance with technology, providing deprivation of seed viability. Export of grain, grain products from processing with viable seeds are not allowed.
Article 13. Removal, destruction, return of regulated products (podkarantinnogo material, podkarantinnogo) in accordance with the legislation of the Russian Federation in order to prevent the entry into the territory of the Russian Federation and (or) distribution on the territory of the Russian Federation quarantine objects regulated products (podkarantinnyj material podkarantinnyj load) can be removed, destroyed or returned to the requirements of the officials of the authority of the State supervision and customs agencies in the manner established by the Government of the Russian Federation. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 28.12.2010. N 394-FZ; from 18/07 N 242-FZ) Article 14. Monitoring activities conducted in

regarding regulated products (podkarantinnogo material, podkarantinnogo) in respect of the regulated products (podkarantinnogo material podkarantinnogo cargo) officials of the State supervisory body monitoring activities are carried out, if necessary, include inspection, examination of such regulated products (podkarantinnogo podkarantinnogo material goods), sampling and conducting their research and expertise.
(Article in the Editorial Office of the Federal law dated 18/N 242-FZ), chap. III. STATE PLANT QUARANTINE SERVICE of the RUSSIAN FEDERATION, Article 15. The basic principle of organization and activity of State plant quarantine service of the Russian Federation State plant quarantine service of the Russian Federation is a single federal centralized system of State bodies and organizations, to ensure the plant quarantine.
Regulations on the State plant quarantine service of the Russian Federation approved by the Government of the Russian Federation.
Article 16. Law officials exercising State quarantine phytosanitary control (repealed-federal law 18/N 242-FZ) officials exercising federal State quarantine phytosanitary supervision in the manner prescribed by the legislation of the Russian Federation, have the right: (as amended by the Federal law of 18 N 242-FZ) visit statute objects owned by individual entrepreneurs and citizens, the Statute regardless of the objects of organizational-legal forms and forms of ownership organizations who owns such objects, as well as territory in which these objects are, including military units, objects of federal bodies of executive power responsible for Defense, security, Interior, fire safety, customs, protection of the State border of the Russian Federation to carry out phytosanitary quarantine surveys and other monitoring activities; (As amended by the federal laws of 25.07.2002 N 116-FZ; 18 N 242-FZ) receive from federal bodies of executive power, bodies of executive power of the constituent entities of the Russian Federation, bodies of local self-government, organizations, individual entrepreneurs and citizens of documented information regarding plant quarantine;
(Fourth Paragraph repealed-federal law 18/N 242-FZ)
(Paragraph five lost force as federal law 18/N 242-FZ)
(paragraph six, federal law expired from 09.05.2005 N 45-FZ);
give to organizations, individual entrepreneurs and citizens of mandatory deadlines in the instructions about elimination of infringements of rules and norms for plant quarantine;
make decisions about decontamination, cleaning, degassing, the return of regulated products (podkarantinnogo material, podkarantinnogo);
seize, destroy the regulated products (podkarantinnyj podkarantinnyj material goods) in the manner prescribed by the legislation of the Russian Federation; (As amended by the Federal law of 18 N 242-FZ) to carry out other established by the legislation of the Russian Federation in the field of plant quarantine powers.
Officials exercising federal State quarantine phytosanitary supervision allowed possession, carrying and use of service weapons in the manner prescribed by the legislation of the Russian Federation. (As amended by the Federal law of 18 N 242-FZ) Impact in any way on the officials in charge of the Federal State quarantine phytosanitary supervision, with a view to influencing their decisions or prevent them from activities not allowed and shall entail liability established by legislation of the Russian Federation. (As amended by the Federal law of 18 N 242-FZ) Article 17. Flag a pennant and the identification mark State plant quarantine service of the Russian Federation State plant quarantine service of the Russian Federation has a flag, pennant and identification mark.
Position on the flag, the vympele and the opoznavatel'nom sign State plant quarantine service of the Russian Federation shall be approved by the Government of the Russian Federation the authorized federal body of executive power. (As amended by federal law from 23.07.2008 N 160-FZ), Article 18. Financing of the State plant quarantine service of the Russian Federation Funding State plant quarantine service of the Russian Federation is financed from the federal budget (as amended by federal law from 22/08/2004, no. 122-FZ). (Repealed-federal law 18/N 242-FZ) Article 19. Uniform officers of the State plant quarantine service of the Russian Federation, officials of the State plant quarantine service of the Russian Federation shall have the right 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 day 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 enter into force on the expiry of thirty days from the day of official publication of this federal law.
To entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow July 15, 2000 N 99-FL