For The Protection Of Plants

Original Language Title: О защите растений

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15127

 
Plant protection * this law defines legal, economic and organizational basis for the conduct of activities in the area of protecting plants from pests, plant diseases and weeds, as well as a aims to preserve the harvest.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) plant protection-a complex of measures aimed at preventing damage or deterioration of the plants, plant products loss due to exposure to pests and (or) plant production, plant pathogens and weeds;
2) harmful organisms are pests and (or) plant production, plant pathogens and weeds affecting the soil, plants and agricultural products;
3) pests and (or) plant products-rodents, insects, mites, mollusks, worms, and other animals having a harmful effect on plants and/or plant products;
4) plants-violation of the normal metabolism of cells, organs of plants under unfavorable environmental conditions Wednesday and various disease-causing organisms;
5) weeds are wild or polukul′turnye plants, biologically and ecologically adapted to growth among crops, reducing yields and deteriorating quality of plant products;
6) plant protection products-chemical, biological, mechanical, and other tools used to prevent penetration and spread of harmful organisms, destroy or reduce their size or reduce their harmful effects on plants and/or plant products;
7) chemical methods of plant protection-a system of measures to protect plants and (or) plant products from harmful organisms and diseases of plants using chemical means;
 
 
_ * translated from the official language of Turkmenistan.
8) biological plant protection products-biological substances identical to natural organisms, as well as cultivated products, genetically derived plants or other organisms used to combat pests, plant diseases and weeds;
9) mechanical methods for plant protection-a system of measures to protect plants and (or) plant products from harmful organisms and diseases of plants by mechanical means;
10) clearance of means of protection of plants-handling, disposal, reduction of hazardous properties of the plant protection products, the destruction of the special facilities and (or) in special installations without using them, resulting in a decrease or prevent their harmful effects on human health and the environment Wednesday;
11) safe handling with crop protection products-activities connected with studying, testing, development of new, improved existing, production, sales, storage, transportation, use, disposal, import, export, packaging of plant protection products;
12) phytosanitary surveillance-monitoring and fixing the level of the spread of harmful organisms and their natural antagonists, and the intensity of their development and harmfulness;
13) phytosanitary measures-measures to ensure destruction of or decrease in harmful organisms or reduce their harmful effects on plants and/or plant products;
14) phytosanitary status-the status of ecosystems and their components, products or lot of products of plant origin on a certain territory in the specified time on the composition and level of development of harmful organisms;
15) List of plant protection chemicals-document containing information about means of protection of plants, have passed the State registration in accordance with the requirements established by this Act and permitted for use on the territory of Turkmenistan;
16) pesticides (pesticides)-chemicals used against harmful and particularly dangerous harmful organisms, as well as herbicides, defoliants, desiccants and plant growth regulators;
17) special storage (burials) are structures designed for safe storage, disposal or subsequent destruction of dilapidated or forbidden to use of chemical plant protection products, as well as containers under them.
 
Article 2. Turkmen legislation on plant protection 1. Turkmen legislation on plant protection is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. Relations arising in the field of protection of forest plants growing on the territory of the Fund from lesnogo pests and plant diseases, are regulated by the present law and forest legislation of Turkmenistan.
3. Relations arising in the field of protection of plants grown on specially protected natural territories, shall be governed by this law and by the legislation of Turkmenistan on specially protected natural territories.
4. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. Tasks in the field of plant protection plant protection goals are:

1) implementation activities to ensure timely prediction, diagnosis and prevention of mass reproduction and spread of harmful organisms to plants;
2) improving phytosanitary State of crops, getting ecologically clean agricultural production, as well as the prevention of harmful effects in the implementation of phytosanitary activities on the territory of Turkmenistan on human health and the environment Wednesday.
 
Article 4. Basic principles of plant protection plant protection key principles are: 1) ensure the protection of public health and environmental safety in the plant protection activities;         
2) scientific, ecological and economic soundness of plant protection activities;
3) precedence of biological plant protection products;
4) transparency in the activities of State bodies, other legal entities and individuals on plant protection and the provision of complete, reliable and timely information;
5) international cooperation in the field of plant protection.
 
Article 5. Objects of legal relations in the field of plant protection to objects of legal relations in the field of plant protection include: 1) plants;
2) harmful organisms and plant diseases;
3) Statute objects;
4) plant protection products.
 
Article 6. Subjects of legal relations in the field of plant protection subjects of legal relations in the field of plant protection products are natural and legal persons carrying out activities in the field of plant protection.
 
CHAPTER II. The State management in the area of PLANT PROTECTION Article 7. State administration bodies in the field of plant protection the State management in the area of plant protection products is carried out by the Cabinet of Ministers of Turkmenistan, plant protection Service of the Ministry of agriculture and water management (hereinafter referred to as the authorized body) and local executive authorities and bodies of local self-government.
 
Article 8. Competence Kabineta Ministers of Turkmenistan in the area of plant protection, the Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the field of plant protection;
2) approve state programs in the field of plant protection;
3) regulates the activities of the relevant organizations and enterprises, regardless of their form of ownership, in the field of plant protection;
4) takes the normative legal acts of Turkmenistan in the area of plant protection;
5) carries out international cooperation in the field of plant protection;
6) addresses other matters in the field of plant protection products under its jurisdiction, in accordance with this law and other normative legal acts of Turkmenistan.
 
 Article 9. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the field of plant protection;
2) ensures the development of government programs in the field of plant protection products and supervises their implementation;
3) develops within the limits of its competence and the Ministry of agriculture and water management of Turkmenistan's normative legal acts in the field of plant protection;
4) defines the types of particularly dangerous pests, plant diseases and weeds;
5) establishes the procedure for conducting tests of plant protection products subject to state registration, in agreement with the authorized body of State administration in the field of health and medical industry;
6) provides technical assistance to businesses and individuals in the implementation of activities in the field of plant protection;
7) claims upon agreement with the Cabinet of Ministers of Turkmenistan model form of certificate of State registration of plant protection products;
8) leads the list of chemical plant protection products;
9) establishes the procedure for State registration of plant protection products and conducts certification entities conducting tests of plant protection products subject to state registration;
10) gives upon agreement with the Cabinet of Ministers of Turkmenistan permits for importation into the territory of Turkmenistan of plant protection products not included in the list of chemical plant protection products for research and industrial tests in soil-climatic conditions of Turkmenistan;
11) establishes the procedure for the formation, and use of the contingency fund replenishment of plant protection products;
12) establishes the procedure for maintaining the availability of funds, accounting for plant protection, safe treatment with them, for their protection;
13) carries out State control in the field of plant protection;
14) addresses other matters in the field of plant protection products under its jurisdiction, in accordance with this law and other normative legal acts of Turkmenistan.
 
Article 10. The competence of the local authorities and local self-government bodies in the field of plant protection of local executive bodies and local governments: 1) promote activities in the field of plant protection on their territory;

2) shall facilitate the work of removing unsuitable for the use of chemical plant protection products, in agreement with the authorized body of State administration in the field of environmental protection Wednesday and authorized body of State administration in the field of health and medical industry;
3) contributed to the Organization of awareness on protection of plants;
4) contribute to the construction and maintenance in good condition special repositories (burial grounds), intended for chemical plant protection products;
5) decide other matters in the field of plant protection, within their competence, in accordance with this law and other normative legal acts of Turkmenistan.
 
CHAPTER III. CROP PROTECTION and safe treatment Article 11. The State Commission for the registration of plant protection products 1. The State Commission for the registration of plant protection products, the Commission, carries out the registration of plant protection products in order to streamline the import into the territory of Turkmenistan and effective use in the agricultural production of chemical and biological plant protection products and pesticides (pesticides).
2. The State Commission for the registration of plant protection products registration and re-registration of chemical and biological plant protection products, herbicides, plant growth regulators and defoliants, and also compiles a list of plant protection chemicals.
3. the composition of the State Commission for the registration of plant protection products is approved by the President of Turkmenistan.
4. the executive body of the State Commission for the registration of plant protection products is an authorized entity.
 
Article 12. State registration of plant protection products 1. Plant protection products produced or imported in Turkmenistan Turkmenistan from other countries are subject to state registration.
2. State registration of plant protection products is made by an approved body on the basis of the positive results of the tests of plant protection products.
3. State registration of plant protection products is made for a period of five years.
4. tests of plant protection products shall be held by legal persons, in the manner prescribed by the notified body, in order to assess the conformity of plant protection means safety and protection of public health and environmental protection Wednesday, as well as their effectiveness.
5. Pest plants tested, their characteristics and information about them are included in the List of plant protection chemicals.
6. Legal and natural persons applying for registration of plant protection products and paid the costs associated with the testing of the declared pest and weed, certificate on State registration of plant protection products.
7. State registration of plant protection products is carried out after their sanitary-hygienic evaluation in accordance with the legislation of Turkmenistan.

Article 13. Re-registration of plant protection products 1. Re-registration of plant protection products is carried out in the manner prescribed by the notified body on the basis of the corresponding application.
2. Re-registration of plant protection products is made for a period of three years.
 
Article 14. Creation and production of plant protection products 1. When creating new plant protection products to be assessed the risks of harmful effects on human health and the environment and developed secure methods Wednesday.
2. Production of plant protection products should be in accordance with the requirements of the regulations and other technical normative legal acts in the field of safe treatment with plant protection products.
3. A manufacturer of plant protection means: 1) ensures the manufacture of plant protection products in accordance with the technical normative legal acts in the field of safe handling of plant protection products;
2) produces standard samples for a reliable assessment of the quality of plant protection products;
3) produces and sells crop protection products in accordance with the requirements of the security and protection of public health and environmental protection Wednesday;
4) observes the rules and technology disposal of plant protection products, as well as containers under them;
5) specifies information about chemical means of protection of plants in the application instructions on the container of the specified tool.
 
Article 15. Requirements for transportation, storage and importation to the territory of Turkmenistan of plant protection products 1. During transportation and storage of plant protection products must comply with the requirements to ensure the safety and protection of public health and environmental protection Wednesday, in accordance with the legislation of Turkmenistan.
2. On the territory of Turkmenistan are allowed importation of plant protection products included in the List of plant protection chemicals.
3. Import into the territory of Turkmenistan of plant protection products not included in the list of chemical plant protection products is allowed only on agreement with the Cabinet of Ministers of Turkmenistan.
 
Article 16. Implementation requirements for plant protection products

1. Legal and natural persons engaged in wholesale and retail trade in plant protection products can make deals only with plant protection products included in the list of plant protection chemicals.
2. plant protection products may not be sold without specified on the packaging of plant protection products and accompanying instructions information about passing State registration of these plants protection means and methods for the safe handling, as well as relevant documents on conformity assessment of plant protection products to the requirements of normative legal acts of Turkmenistan.
 
Article 17. Requirements for the use of plant protection products 1. It is allowed to use plant protection products that have passed the State registration and included in the list of chemical plant protection products, except as provided by paragraph 3 of this article.
2. Use of plant protection products should be in accordance with the requirements of the regulations and other technical normative legal acts in the field of safe handling of plant protection means legal entities as well as individuals with special training.
3. Plant protection products are not included in the list of chemical plant protection products may only be used by permission of the authorized body on agreement with the Cabinet of Ministers of Turkmenistan to conduct scientific research.
    
Article 18. Neutralization of unusable and (or) have been banned for use of plant protection products 1. Unsuitable and/or forbidden use of plant protection products subject to clearance.
2. disposal of unusable and (or) have been banned for the use of plant protection products, as well as containers under them is carried out by legal entities and natural persons in accordance with the legislation of Turkmenistan.
 
Article 19. A reserve fund of plant protection products 1. Plant protection agents reserve fund represents a certain amount of regularly updated plant protection products included in the List of plant protection chemicals and intended to eliminate the mass spread of pests and diseases of plants, and is administered by the authorized body.
2. The procedure for the formation, and use of the contingency fund of plant protection products is established by the authority.
 
Article 20. Plant quarantine relations arising in the field of plant quarantine and plant protection from dangerous pests, plant diseases and weeds shall be governed by the legislation of Turkmenistan on quarantine of plants.
 
CHAPTER IV. STATE CONTROL, ACCOUNTING AND REPORTING, INFORMATION IN THE FIELD OF PLANT PROTECTION. SCIENTIFIC SUPPORT for PLANT PROTECTION Article 21. Implementation of State control in the field of plant protection products 1. State control in the field of plant protection in Turkmenistan is carried out by the notified body and local executive authorities and bodies of local self-government within their competence.
2. State control for safe treatment with plant protection products includes monitoring: 1) plant protection activities;
2) quality of plant protection products;
3) the presence of residual quantity of pesticides (pesticides) in foods of plant origin;
4) effectiveness of disinfection plant seeds and planting material of plant protection products;
5) testing of plant protection products;
6) implementation of the disposal of unusable and (or) have been banned for the use of plant protection products, as well as containers under them.
 
Article 22. Accounting and reporting in the field of plant protection products 1. Natural and legal persons carrying out activities in the field of plant protection, lead accounting availability of plant protection products and their treatment, plant protection activities in the manner prescribed by the notified body.
2. State statistical reporting on the treatment with plant protection products shall be presented in the manner prescribed by Turkmen State Committee on statistics.
 
Article 23. Fund data on plant protection.
                    Information in the field of plant protection products 1. Foundation plant protection data includes information obtained as a result of phytosanitary observations in the exercise of State control in the field of plant protection, information and accounting of the State statistical reporting in the field of plant protection, particularly dangerous pests, plant diseases and weeds, as well as the List of plant protection chemicals, other information obtained in carrying out activities in the field of plant protection.
2. The authorized body performs the generation and use of data for plant protection fund.
3. The authorized body and officials of carrying out State control in the field of plant protection, are obliged through the mass media and other means available to inform the public of the phytosanitary status of the territory of Turkmenistan as a whole and its individual administrative-territorial units, measures taken to improve it, the optimal timing, means and methods of conducting phytosanitary activities, requirements for the safe use of plant protection products.
 

Article 24. Scientific support scientific support of plant protection plant protection in Turkmenistan is carried out by research organizations and universities that carry out scientific research in this direction.
 
Article 25. Training of specialists in the field of plant protection training of specialists in the field of plant protection in Turkmenistan is carried out in institutions of secondary vocational and higher vocational education, as well as in institutions for training and retraining.
 
CHAPTER v. funding activities in the field of PLANT PROTECTION Article 26. Funding for plant protection plant protection activities is carried out at its own expense and the target of the special account of the authorized State body in the field of agriculture and water resources, as well as the State Commission for the registration of plant protection products and other sources not prohibited by Turkmen law.
 
Article 27. Payment for registration, re-registration and advertising of plant protection fees for registration, re-registration and advertising of plant protection products shall be determined by the notified body in consultation with the authorized body of State administration in the field of Economics and development.
 
CHAPTER VI. International Cooperation In The Field Of Plant Protection. RESPONSIBILITY for VIOLATION of LEGISLATION on PLANT PROTECTION DEPARTURE DATES in Article 28. International cooperation in the field of plant protection, international cooperation in the field of plant protection products is carried out in accordance with the legislation of Turkmenistan and the international treaties to which Turkmenistan is a party.
 
Article 29. Liability for violation of the legislation of Turkmenistan on plant protection legal and physical persons, guilty of violating the plant protection legislation of Turkmenistan shall bear responsibility in accordance with the legislation of Turkmenistan.
 
CHAPTER VII. FINAL PROVISIONS Article 30. Dispute resolution in the field of plant protection disputes arising in the area of plant protection products shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
Article 31. Compensation for damage caused as a result of violations of the law of Turkmenistan on plant protection legal and physical persons, causing environmental damage Wednesday, State, health and property of citizens as a result of violations of the law of Turkmenistan on plant protection, shall be liable for damage in accordance with the legislation of Turkmenistan.
 
 
Article 32. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
      Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, June 18, 2016 year no. 413-V.