CHAPTER 133
PLANT PROTECTION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
PLANT PROTECTION

   3.   Reporting on and destruction of infectious articles.

   4.   Duties of occupiers of land.

   5.   Right of entry and destruction of infectious articles.

   6.   Contingency measures for the containment of outbreak of pests.

   7.   Power to make special regulations.

   8.   National quarantine measures, plant import and export control.

   9.   Importation for research purposes.

   10.   Conveyance.

   11.   Packing material.

   12.   Plants, plant products, etc., in transit.

   13.   Seizure of illegally imported plants.

   14.   Declaration of points of entry and quarantine stations.

   15.   Export of plants, plant products, etc.

PART III
PLANT PROTECTION SUBSTANCES AND PLANT RESISTANCE IMPROVERS

   16.   Regulations on plant protection substances, plant resistance improvers and register.

   17.   Application for registration of plant protection substances.

   18.   Registration and publication of list of plant protection substances.

   19.   Manufacturing, importation or sale, etc., of unregistered plant protection substances.

   20.   Labelling of registered plant protection substances.

   21.   Taking and submission of plant protection substance sample for analysis.

   22.   Division and analysis of sample.

   23.   Procurement of sample.

   24.   Giving false information in connection with manufacturing, importation or sale of plant protection substance and offences.

   25.   Power of the court.

   26.   Evidence.

   27.   Handling and use of plant protection substances according to good professional practice and plant resistance improvers.

   28.   Plant resistance improvers.

   29.   Plant protection equipment.

PART IV
ASSIGNMENT OF DUTIES AND APPOINTMENT OF OFFICERS

   30.   Assignment of duties and appointment of officers.

   31.   Establishment of the National Plant Protection Advisory Committee and its functions.

   32.   Research Institute.

   33.   Appointment of Inspectors.

   34.   Powers of Inspectors.

   35.   Obstruction.

   36.   Duties of other officials.

   37.   Duties to the public, reporting of imported plant, plant products, etc.

   38.   Charges for administrative expenses.

PART V
OFFENCES AND PENALTIES

   39.   Criminal liability of bodies corporate and their officers.

   40.   Costs of treatment, etc.

   41.   Losses, expenses, etc.

PART VI
MISCELLANEOUS PROVISIONS

   42.   General regulations.

   43.   [Repeals, amendment and savings.]

CHAPTER 133
THE PLANT PROTECTION ACT

An Act to make provisions for consolidation of the Plant Protection Act, to prevent the introduction and spread of harmful organisms, to ensure sustainable plant and environmental protection, to control the importation and use of plant protection substances, to regulate export and imports of plants and plant products and to ensure the fulfilment of international commitments, to entrust all plant protection regulatory functions to the Government, and for related matters incidental thereto or connected therewith.

[1st July, 2001]
[G.N. 122 of 2001]

Act No. 13 of 1997

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Plant Protection Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "analyst" means any person appointed as analyst under section 32 of this Act;

   "animal organism" means any animal organism regardless of the stage of existence the organism is in;

   "beneficial organism" means any organism including fungi, bacteria, viruses, virus like organisms, vertebrate or invertebrate animals, utilised specifically for the control of harmful organisms, pollination, production of commercially valuable products, or for other purposes beneficial to agricultural production;

   "conveyance" means any vessel, aircraft, train, truck, car, cart, cargo container, animal or other device whereby goods, soil or other things may be moved from one place to another;

   "disease" means any abnormal condition on a plant, communicable or believed to be communicable by the transfer of a causative agent or by the propagation of the affected plant which the Minister may by Order in the Gazette, declare to be a decease for the purposes of this Act.

   "harmful organism" mean an animal, plant or micro-organism, in whatever state of development, which is injurious to plant or plant products and which the Minister may declare, by order, published in the Gazette to be a harmful organism. Viruses and similar pathogens shall be treated as equivalent to micro-organisms and diseases not caused by harmful organisms shall be treated as equivalent to harmful organisms;

   "infected area" means any area or place in which a harmful organism or disease exist and which has been declared by the Minister, by order published in the Gazette, to be an infected area for the purposes of this Act and the term "infested area" shall be construed accordingly;

   "infested" means harbouring or containment by a harmful organism and the term "infected" shall be construed accordingly;

   "inspector" means any inspector appointed under section 33 and 34 of this Act;

   "inspector-in-charge" means an inspector appointed by the Minister and assigned as an officer-in-charge at a quarantine station or post entry quarantine station or at any other place as the Minister deems necessary;

   "integrated pest management" means one or a combination of plant protection methods in which particular attention is paid to biological, bio-technological, plant breeding and other organic related measures, while limiting the use of chemical plant protection substances to the necessary minimum;

   "international phytosanitary certificate" means a phytosanitary certificate substantially in the form of the Model Phytosanitary Certificate annexed to the International Plant Protection Convention of 1951 as amended in 1979, and issued by or under the authority of a technically qualified and duly authorised officer and the term "certification" shall be construed accordingly;

   "Minister" means the Minister for the time being responsible for agriculture;

   "natural environment" shall include its components - soil, water, air, species or wild flora and wild fauna, as well as interaction between them;

   "outbreak pests" means harmful organisms to plants occurring in large numbers over large tracts of land, and in such magnitude that an individual or group of individual owners or occupiers, can not control or contain, or whose distribution is restricted in an area from where their spread can be contained or delayed, and whose delayed control due to the use of normal procedures or means can cause danger to the health of plants, man, animal and the natural balance, and, which the Minister may declare under section 6 of this Act, to be outbreak pests;

   "owner" in relation to land or premises includes the joint owner, part owner, lessee or occupier or the agent of an owner joint owner, part owner, lessee or occupier;

   "packaging" means any means by which plants or plant products, harmful organisms, beneficial organisms, goods or soil may be enclosed, covered, contained, supported or packed;

   "pest" means any form of plant or non-domesticated animal life or any pathogenic agent other than a beneficial organism or any other agent which can be injurious to plant or plant material or to beneficial organisms, and includes any weed;

   "plant" means any member of the vegetable kingdom and includes any part of the plant whether severed from the plant or not;

   "plant material" means products of plant or plant product which can be affected by, or can harbour, a pest;

   "plant products" means products of plant origin which have not been treated or processed using simple methods such as drying or crushing, and, parts or plants, including fruits and seeds which are not intended for cultivation;

   "plant protection equipment" means equipment and devices used or intended to be used for applying plant protection substances;

   "plant protection substances" shall be substances which are intended to–

   (a)   protect plants against harmful organisms;

   (b)   protect plants against non-parasitic impairments;

   (c)   protect plants or plant products against animals, plant, or micro-organisms which are not harmful organisms;

   (d)   influence the vital processes of plants without serving nutritive purposes;

   (e)   inhibit the germination of plant products;

   (f)   be added to the substances set out in subparagraphs (a) to (e) for the purposes of changing their properties or effects:

         Provided that, plant protection substances shall also be deemed to include those substances which are intended to kill plants or to clear areas of plant growth or to keep such areas clear of such growth and which do not come within the purview of subparagraphs (b) or (f) above, but shall not include water and fertilizers within the meaning of the Agricultural Imputs Acts;

   "plant resistance improver" means substances or material used to enhance the resistance of tolerance of plants against harmful organisms;

   "point of entry" means any seaport, airport, river or lake station, railway station, post office, transport terminal or border post, through which goods may enter Tanzania and which the Minister may declare to be a point of entry under section 14 of this Act;

   "post entry quarantine station" means a secured place for the holding of plants, plant products or beneficial organisms for observation, inspection, treatment, or research after having been imported into Tanzania;

   "prescribed" means prescribed by regulations made under this Act;

   "propagative material" means any living plant or part of the plant (including seed, corn, cutting, but or rhizome) used or intended for propagation;

   "quarantine" means the official confinement of plants and plant products, harmful organisms to plant, beneficial organisms, goods or soil being imported into or exported from, Tanzania, subject to phytosanitary regulations, for observation and research or for further inspection and/or testing;

   "quarantine station" means a place for the inspection, detention, treatment, reconsignment or destruction of plants or plant products, harmful organisms to plants, beneficial organisms, goods or soil being imported into or exported from, Tanzania;

   "register" means the register of plant protection substances, plant resistance improver and equipment maintained under section 16(e) of this Act and the terms "registrar" and "registration" shall be construed accordingly;

   "research institute" means an institute of a national standard to which the Minister may delegate his powers pursuant to section 32 of this Act;

   "soil" means any medium (including earth, water, composite or clay) which is capable of supporting plant life, or harbouring or transmitting harmful organisms to plants;

   "treatment" means any appropriate process (including the use of plant protection substances heat or low temperature) for ensuring the removal, sterilisation, or killing of harmful organisms to plants;

   "use before date" means the date, in the case of plant protection substances, plant resistance improver or equipment having limited keeping properties, after which the substance or equipment shall no longer be used;

   "weed" means any plant potentially injurious to agriculture which is declared by the Minister, by notice published in the Gazette, to be a weed for purposes of this Act.

PART II
PLANT PROTECTION (ss 3-15)

3.   Reporting on and destruction of infectious articles

   The Minister may make rules for the purposes of preventing and controlling attacks by or the spread of harmful organisms or diseases in Tanzania and, in particular and without prejudice to the generality of the power under this section, on all or any of the following matters–

   (a)   to order the reporting to the competent authority of any occurrence or suspected occurrence of specific harmful organisms, any cultivation or presence of determinate plant species, any other pertinent facts concerning the occurrence or control of harmful organisms, or the use of specified plant protection substances, plant protection equipment or plant protection processes;

   (b)   to require any holder of a right of disposal and any owner to monitor or investigate affected objects, land, buildings or premises for the occurrence of harmful organisms to plants or plant products or to cause such investigations to be made;

   (c)   to require any holder of a right of disposal and any owner to combat specified harmful organisms or to cause them to be combatted, as well as to prescribed or prohibit the use of specified plant protection substances, plant protection equipment or processes for this purpose;

   (d)   to order competent authorities or monitor plants and land for the occurrence of specified harmful organisms;

   (e)   to order the destruction and or, disinfection of affected objects and the disinfection of soil, culture substrate, buildings or premises, as well as to prescribe or prohibit the use of specified means, equipment or processes for this purpose;

   (f)   to prescribe or prohibit the use of specific culture substance for the breeding or cultivation of specified for this purpose;

   (g)   to prohibit or limit the use of land affected, suspected of being affected or in danger of being affected and to issue rules concerning prohibition of entry upon such land;

   (h)   to prohibit or limit the cultivation of specific plant species;

   (i)   with regard to the marketing of specific plants or plant products which are intended for planting, propagation or grafting–

      (i)   to prohibit or limit such marketing if the material is infested or suspected of being infested with specific harmful organisms;

      (ii)   to make such marketing contingent upon the results of an examination of the material to determine any infestation with or resistance to, specify harmful organisms; or to make such marketing subject to the obtaining of a prescribed permit;

   (j)   to order that land affected, suspected of being affected or in danger of being affected be cleared of specific plants or be maintained clear of such plants;

   (k)   to prohibit or limit the transporting and marketing of specified harmful organisms and effected objects, or to make such transporting and marketing subject to the obtaining of a prescribed permit or notification requirements;

   (l)   to prohibit or limit the breeding and keeping of specified harmful organisms and any operation entailing the use of the specified harmful organisms, or to make such breeding, keeping or operations subject to the obtaining of prescribed permit or to notification requirements;

   (m)   to order disinfection, and or cleaning of land, buildings, premises, containers or any conveyance used for the storage of plants or plant products and to prescribe or prohibit the use of specific means, equipment or processes for that purpose;

   (n)   to issue rules for the protection of animals, plants or micro-organisms and the natural environment against dangers arising from the use of plant protection substances in view of plant protection substances usefulness in combatting harmful organisms;

   (o)   to issue rules concerning the use of animals, plants or micro-organisms for combatting specified harmful organisms;

   (p)   measures to be taken, including provisions for the requisitioning upon payment, of plant protection substances, labour, and other means, to secure the control or containment of outbreak pests;

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