Plant Protection and Health Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ beneficial organism ” means any organism , including fungi, bacteria, viruses, virus like organisms, and insects, mites and other animal organisms, utilised specifically for the control of harmful organisms, pollination, or for other purposes beneficial to agricultural production and environmental protection; “ Commissioner ” means the Commissioner for crop protection, or any other Commissioner assigned by law to administer this Act; “ Committee ” means the plant protection and health committee established under section 6 ; “ contamination ” means presence of harmful organisms on plants, plant products, growing substrates, packaging materials and other similar items; “ conveyance ” means any vessel, aircraft, train, motor vehicle or part of them, cart, cargo container, animal or other device which can convey plant material , plant pests, beneficial organisms, soil or other things from one place to another; “ currency point ” has the value assigned to it in the Schedule to this Act; “ disease ” means any abnormal condition of a plant communicable or believed to be communicable by the transfer of a c...

Section Phytosanitary and Inspection Service Section The Phytosanitary and Inspection Service in the Department responsible for crop protection shall be responsible for the protection of the agricultural resources of Uganda from harmful organisms that exist in the country or that could be introduced into the country.

Section Duties of Commissioner for crop protection Section The Commissioner shall advise the Minister on any matters with which this Act is concerned nationally, regionally and internationally, including— The Commissioner shall be responsible for the due administration of this Act, and every inspector shall, in the performance of his or her duties under this Act, act in accordance with any instructions, not being inconsistent with this Act, which the Commissioner may from time to time issue for the purpose of such administration. the exercise of the Minister ’s powers under this Act; the formulation of regulations under this Act and matters arising from the application of any such regulations; the declaration of any pest as a quarantine pest under section 19 ; the phytosanitary implications of importing any plant material , plant products, plant pests, beneficial organisms or soil ; the management, operation and requirements of the plant health service; the fees to be charged or otherwise revenue to be generated from the services rendered under this Act or any regulation made under this Act; the promotion of public awareness relating to plant diseases, pests and weeds and the means...

Section Appointment of officers Section The inspectors shall— The Minister shall, appoint by notice in the Gazette officers of the Department of crop protection or other competent persons to be inspectors, pest identifiers or other officers as necessary for the purposes of this Act. inspect areas under cultivation and plant material under cultivation, in storage or transit and make a report on them to the Commissioner ; inspect consignments of plant material moving in international traffic and, where appropriate, inspect consignments of other articles and commodities moving in international traffic under conditions in which they may act incidentally as carriers of plant pests; inspect and supervise storage and transport facilities of plants and plant products for international trade, particularly with the object of preventing the dissemination across national boundaries of plant pests; ensure disinfestation or disinfection of consignments of plants and plant products moving in international traffic and their containers, packaging materials, storage places and conveyances; conduct pest surveillance and pest risk analysis for the purposes of quarantine , documentation and provision o...

Section Delegation of powers Section The Minister may assign or delegate any or all of his or her powers under this Act. The Minister may, by statutory instrument prescribe schedules specifying functions under this Act that may be delegated to any specified individual or institution, including designation of laboratories and competent scientists as official identifiers of biological specimens. In exercising the powers of delegation, assignment or appointment, the Minister may prescribe the manner and conditions for the appointing, assigning and delegation, and may enter into contracts with competent individuals or institutions on such conditions as may be deemed fit and agreed between the parties.

Section Plant Protection and Health Technical Committee Section The Committee shall consist of the following members— A person shall cease to be a member of the Committee — The Minister shall appoint the Plant Protection and Health Technical Committee to advise him or her on all technicalities arising from the administration of this Act and on any other related issues. the Commissioner for crop protection; the Principal Inspector who shall be the Secretary; an entomologist; a plant pathologist; a forest officer; one person to represent the farmers’ associations; one person to represent the agricultural exporters or importers organisations; one scientist to represent the National Environment Management Authority; one scientist to represent the Uganda National Council for Science and Technology; one scientist to represent the Agricultural Research Organisation; one officer to represent the Uganda Revenue Authority; one officer to represent the Uganda National Bureau of Standards; one member of the Uganda Consumer Protection Association; a representative of the Ministry responsible for trade and industry; a representative of the Attorney General; and a representative of the agricultur...

Section Functions and procedures of Committee Section The functions of the Committee shall be— to provide scientific guidance on the conduct of pest risk analysis, pest surveillance, and evaluation of germplasm; to guide the formulation of regulations to be made under this Act; to advise the Commissioner on all matters relating to and connected with the enforcement of the provisions of this Act and any regulations made under this Act. In exercising its functions, the Committee shall regulate its own procedure.

Section Right of entry and destruction of infectious articles Section Subject to any rules made under section 8 , any inspector may enter any land or building, including a private house, at all reasonable hours for the purpose of discovering harmful organisms or diseases in any plant or products and of ascertaining that any order of an inspector or any rule under section 8 has been complied with, and causing measures to be taken under section 8 .

Section Compensation Section The Minister may, if he or she deems fit, order compensation to be paid out of public funds to any person whose plants or other articles are destroyed under this Act.

Section Contingency measures for containment of outbreak of pests Section Where there is sufficient evidence that field crops in any part of Uganda are in danger of serious damage by outbreak of pests, the Minister may, by statutory declaration bring into force in such areas all rules made under section 8 , and any other measures stipulated under this Act, to contain the outbreak of pests. For the avoidance of doubt, no compensation shall be payable in respect of damage occasioned to soil or to agricultural crops by any measures lawfully taken for the destruction of outbreak of pests under this Act.

Section Powers to make rules for prevention of spread of pests, weeds and diseases Section The Minister may, by statutory instrument, make rules for the purpose of preventing and controlling attacks by or spread of harmful organisms or diseases in Uganda and, in particular and without prejudice to the generality of the power, on all or any of the following matters— with regard to the marketing of nursery planting materials or other plants or plant products which are intended for propagation or grafting— the reporting to relevant Government officials and publication of any occurrence, suspected occurrence or threat of introduction of specific harmful organisms, and any pertinent facts concerning the threat of occurrence, occurrence, or control of harmful organisms; requiring any holder of a right of disposal and any owner to monitor or investigate affected objects, land, buildings or premises for the occurrence of organisms harmful to plants or plant products and environment, or to cause such investigations to be made; requiring any holder of a right of disposal and any owner to combat specified harmful organisms or to cause them to be combated as well as to prescribe or prohibit th...

Section Duties of occupiers of land Section Every occupier or, in the absence of the occupier, every owner of land, shall take all such measures as may be required by any rules made under section 8 , and in addition, such other measures as are reasonably necessary for the eradication, reduction or prevention of the spread of any harmful organisms to plants which an inspector may by notice in writing order the occupier or owner to take, including the destruction of plants or plant products, whether infected or infested with harmful organisms or reasonably suspected to be so, or considered to facilitate the spread of such harmful organisms. An order shall not be made under this section for the destruction by an inspector without prior approval of the Commissioner for Crop Protection. In the case of two or more joint occupiers or joint owners, each of them shall be deemed to be an occupier or owner for the purposes of this section. Where any such occupier or owner fails to take any of the measures which he or she is required to take under subsection (1) , the inspector may, on giving not less than seven days’ notice in writing of his or her intention so to do, cause such measures to b...

Section National plant health measures, plant import control Section Except as provided for under this Act, the Seed and Plant Act and any other relevant law, no plant or plant products, harmful organism , beneficial organisms, soil , living cultures of genetically modified organism , any fungus, bacterium, or any other micro- organism or any other materials or substances specified under this Act, may be imported into Uganda except— On receipt of the item in subsection (1) , the inspector shall— in accordance with the terms and conditions of a prescribed permit issued under this Act; through a point of entry declared under section 19 ; and with a phytosanitary certificate . Any person who imports any plant or plant products, harmful organisms, beneficial organisms, soil , living cultures of genetically modified organisms, any fungus, bacterium, or any other micro- organism or any other materials or substances specified under this Act shall immediately declare them to the inspector . inspect and examine the plant or plant products, harmful organism beneficial organisms, soil , living cultures of genetically modified organism , any fungus, bacterium, or any other micro- organism or a...

Section Importation for research purposes Section Subject to subsections (2) and (3) , the Minister , on the recommendation of the Plant Protection and Health Technical Committee , may for the purposes of essential scientific research or experiment, permit the importation into Uganda of anything not otherwise eligible for importation under this Act. The Minister shall not permit anything to be imported under subsection (1) unless he or she is satisfied that its importation will not present significant threat to the agriculture or natural environment of Uganda. An importation under this section shall be permitted subject to such safeguards and other terms and conditions as may be imposed by the Minister on the advice of the Plant Protection and Health Technical Committee .

Section Conveyance Section If a conveyance is— The owner of a conveyance shall— Any conveyance and its contents shall, immediately upon its arrival in Uganda, be declared and made available for inspection , examination and where necessary treatment in accordance with this Act, and a person shall not enter the conveyance or remove anything from it without the approval of an inspector and until such inspection , examination and treatment has been completed. found to have plant products or other things being the subject of this Act in, on or adhering to it; found or is reasonably believed to be contaminated by harmful organisms, provide an inspector with such documents and other informatic in his or her possession or control concerning the conveyance and its contents as the inspector may require, or as may be prescribed ; complete such a declaration concerning the conveyance and its contents as the inspector may require, or as may be prescribed ; and comply with any requirement given by an inspector concerning the effective application and maintenance of phytosanitation accordance with this Act.

Section Packaging material Section Any person who contravenes subsection (1) commits an offence and is liable, on conviction— A person shall not introduce into Uganda as packing material any hay, straw, husks, peat, chaff, or other substance likely to habour or support harmful organisms. in case of a body corporate, to a fine not exceeding five hundred currency points; and in case of an individual, to a fine not exceeding fifty current points or to imprisonment for a term not exceeding one year, or both. Any person who contravenes subsection (1) shall, in addition I the penalties imposed under subsection (2) , be required to re-export or destroy the imported packages at the cost of that person.

Section Plants, plant products, etc., in transit Section Any person who contravenes subsection (1) or (2) commits an offence and is liable, on conviction— Any plant or plant products or other material, being the subject of this Act, which is brought from any country into Uganda in transit to a third country shall have proper documentation and shall be brought to the attention of an inspector , be made available for inspection and shall be confined or otherwise dealt with as the Commissioner directs until the conveyance is outside the jurisdiction of Uganda. For the purposes of this Act, any plant or plant products or other things to which this Act applies, having been sealed and secured to the satisfaction of an inspector , shall be regarded, so far as may be, as if it were in quarantine under this Act. If the state of quarantine referred to in subsection (2) is breached for any reason, the plant or plant products or other things concerned shall be regarded for the purposes of this Act as having been imported into Uganda contrary to this Act and shall be destroyed. in case of a body corporate, to a fine not exceeding five hundred currency points; and in case of an individual, to a...

Section Seizure of illegally imported materials Section Subject to subsection (2) , any material imported into Uganda contrary to this Act shall be seized by an inspector and, shall at the importer ’s expense, be treated, destroyed or otherwise dealt with as the law provides, or may be taken to a post-entry quarantine station for such further inspection , treatment and disposal as may be required. An inspector shall not destroy any material under subsection (1) without the prior consent, in writing, of the Commissioner . Where the consent of the Commissioner cannot be obtained, the inspector may destroy any material under subsection (1) with the written consent of the importer and thereafter send a report to the Commissioner 01 the reasons for destruction and the procedures used.

Section Declaration of points of entry, quarantine stations and quarantine pests Section The Minister may by statutory instrument— declare any points of entry to be the only points where plants and plant products, harmful organisms, beneficial organisms, soil or any other materials provided under this Act, may be importer into Uganda; declare any suitable premises to be quarantine stations, or post entry quarantine stations; declare any plant pest to be a quarantine pest if it presents, or it likely to present, a threat to the production of or trade in plan materials or to the natural environment , and if it is either no known to be established in Uganda or is established in Uganda but is the subject of measures for its eradication or containment and declare from time to time prohibited imports.

Section Export of plants, plant products, etc. Section The Minister may, by statutory instrument, declare that any propagative material of a wild plant of potential genetic and economic importance, or crop plant and plant products carrying any harmful organism in excess of ai amount specified in the notice shall not be exported from Uganda.

Section Pre-export examination Section Any material submitted under subsection (1) shall be examiner within fourteen days of the date of export or in accordance with the requirements of the country of destination, and if— A person intending to export a consignment of plants or plan products to another country which requires such plants or plant materials to be accompanied by a phytosanitary certificate on importation shall submit the consignment for examination by an inspector . the inspector is satisfied that the requirements for the issuance of a phytosanitary certificate have been met, he or she shall recommend for the issuance of phytosanitary certificate ; or the material to be exported presents any risk for the exportation and spread of plant pests or does not otherwise satisfy the provisions of this Act it shall, at the expense of the exporter, be subject to appropriate treatment in order to remove the risk or otherwise be denied a phytosanitary certificate .

Section Powers and duties of inspectors Section An inspector may for the purposes of this Act and at all reasonable times and on production, if required, of his or her identification document— hold, open, inspect, sample, submit for examination, direct removal to a quarantine station , remove for treatment and treat any plants or plant products, harmful organism , beneficial organism , soil , packaging or other items as prescribed by this Act; direct the shipment or otherwise dispose of any plant or plant product , harmful organism , beneficial organism , soil , packaging or other thing to which this Act applies, or, with the prior written consent of the Commissioner , order its destruction; inspect any land, store, warehouse, go-down or other premises used for handling or storing plants or plant products, and if those premises are found to be infested by any harmful organism , to subject them to such treatment as may be required under this Act; with the prior written consent of the Commissioner , order the destruction of any plant or plant products which he or she has reason to believe is infected or infested by a quarantine pest ; require any person in occupation of the premises...

Section Duties of other officials Section The authorities responsible for customs and postal services and other relevant agencies shall provide whatever assistance as may be necessary to inspectors for the performance of their functions and the exercise of their powers under this Act, and in particular shall— Habours, airports, post offices and the other authorities at the points of entry shall provide on their premises, for the purposes of this Act— notify an inspector of the importation of any material to which this Act applies; and hand over to an inspector any such material for inspection and subsequent action in accordance with this Act. suitable areas for office, inspection and destruction facilities; suitable areas and containers for holding prohibited materials and conveying for destruction; and suitable and adequate space for display of public notices regarding the requirements of this Act.

Section Duty of public to report imported plants, plant products, etc. Section A person who receives any plant , plant product , beneficial organism , harmful organism , soil or any other material or substance to which this Act applies, from outside Uganda, shall on receipt, notify an inspector , and shall undertake at his or her own expense and to the satisfaction of the inspector such directions as the Commissioner may give as to its inspection , treatment , destruction or any other means of disposal.

Section Charges for administrative expenses Section The Minister shall, by statutory instrument, prescribe the services for which fees shall be charged and their corresponding charge rates.

Section Obstruction and penalties Section A person who— willfully delays or obstructs an inspector in the exercise of his or her powers under this Act; refuses to furnish any information, to produce any documents or to furnish any means of inspection when required to do so under this Act; or tampers, alters, defaces or forges a certificate or any other document related to this Act, commits an offence. Subject to this Act, if an inspector applies to obtain a reasonable sample of any plant , plant product , beneficial organism , harmful organism or soil of which an inspector is empowered to take as sample, and a seller, consignor or any person having for the time being charge of such material refuses to allow the inspector to take the quantity which he or she requires, the person who refuses shall, for the purposes of subsection (1) , be deemed to have willfully obstructed the inspector .

Section Criminal liability of corporate entities and their officers Section A person who, by himself or herself, his or her servant or agent, either directly or indirectly— Any person who commits an offence under this Act is liable, on conviction— imports anything into Uganda other than in accordance with this Act; possesses, keeps, or distributes or introduces any quarantine pest or plant material , beneficial organism , soil , packaging or other material knowing it to be infested by a quarantine pest ; exports any plant or plant product from Uganda contrary to this Act; fails to perform any duty or obligation imposed on him or her by this Act or to comply with any order or direction given by the Minister , his or her delegate or an inspector , or does any other act in breach of this Act; hinders, threatens or assaults any authorised person or inspector in the performance of his or her duty under this Act; or knowingly makes a false statement to an inspector or a false declaration under the requirements of this Act, in the case of a body corporate, to a fine not exceeding two hundred fifty currency points; and in the case of an individual, to a fine not exceeding twenty-four curre...

Section Liabilities Section For the avoidance of doubt, it is declared that— any removal, treatment , re-shipment or destruction of materials to which this Act applies shall in accordance with the requirements of this Act be carried out at the expense of the owner , importer , occupier or any person in charge of the thing concerned, as the case may be; and the Government, including persons acting on its behalf, in the implementation of this Act, is not liable for any costs or losses resulting directly or indirectly from actions taken under this Act.

Section General orders Section Notwithstanding the provisions of the Interpretation Act, it shall not be necessary to publish in the Gazette any order made under the powers conferred by this Act where such order is not intended to be of general application but is made in regard to the importation or exportation of any specified consignment of plants, animals, insects, fungi, bacteria, viruses, articles, or other matter in respect of which an order may lawfully be made under this Act; and in such a case the order of the Commissioner shall be signified in writing.

Section Power to amend Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.