Plant Pests and Diseases (Phytosanitary Certification) Regulations, 2020
These Regulations may be cited by the stated title.
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- Jurisdiction
- Zambia
- Instrument
- Statutory instrument
- Citation
- SI 69 of 2020
- Version
- 14 Aug 2020
- Language
- en
- Official source
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Statute overview
About this statute
These Regulations may be cited by the stated title. This section defines terms used in the Regulations, including commodity, consignment, import permit, phytosanitary measures, pest surveillance, and related pest categories. Inspectors must conduct pest surveillance to collect and document pest information. An inspector may carry out pest surveillance anywhere in the Republic, including forests, plantations, nurseries, warehouses, containers, water bodies, and swamps. Inspectors who conduct pest surveillance must submit a report to the National Plant Protection Organisation soon after the surveillance ends, and the Organisation must keep a record of it. The report may be opened for public inspection during normal working hours.
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Provisions of Plant Pests and Diseases (Phytosanitary Certification) Regulations, 2020
Showing 23 of 23
- 1 Verify source ↗
Title
AI-assisted research summary: These Regulations may be cited by the stated title.
1. These Regulations may be cited as the Plant Pests and Title Diseases (Phytosanitary Certification) Regulations, 2020. - 2 Verify source ↗
Interpretation
AI-assisted research summary: This section defines terms used in the Regulations, including commodity, consignment, import permit, phytosanitary measures, pest surveillance, and related pest categories.
2. In these Regulations, unless the context otherwise Interpretation requires— “ commodity ” means a type of plant, plant product, or other article being moved for trade or other purpose; “ consignment ” means a quantity of plants, plant products, plant materials or other articles being moved from one country to another which may be covered by a single phytosanitary certificate; “ consignment in transit ” means a consignment which passes through a country without being imported in that country; “ import permit ” means an official document authorising importation of a commodity in accordance with specified phytosanitary import requirements; “ International Plant Protection Convention ” means the International Plant Convention which entered into force on the 3rd April, 1952 and was acceded to by Zambia on 24th of June, 1986; “ National Plant Protection Organisation ” means the department in the ministry responsible for agriculture designated as a National Plant Protection Organisation in accordance with the International Plant Protection Convention; “ pest categorisation ” means the process of determining whether a pest has the characteristics of a quarantine pest or those of a regulated non quarantine pest; “ pest risk analysis ” means the process of evaluating biological or other scientific and economic evidence to determine— (a) (b) (c) if an organism is a pest; if an organism should be regulated; and the strength of any phytosanitary measure to be taken against an organism; 408 Statutory Instruments 14th August, 2020 S.I. No. 497 of 1994 “ pest status ” means the presence or absence, at the present time, of a pest in an area, including where appropriate, its distribution, as officially determined using expert judgment on the basis of current and historical pests records and other information; “ pest surveillance ” means an official process for the collection and records data on pest occurrence or absence by survey, monitoring or other procedures; “ phytosanitary certificate ” means a certificate issued under the Plant Pests and Diseases (Importation) Regulations, 1994; “ phytosanitary measure ” means a procedure undertaken to— (a) prevent the introduction or spread of quarantine pests; or (b) limit the impact of regulated non quarantine pests; “ phytosanitary procedure ” means an official method of implementing a phytosanitary measure and includes the inspection, tests, surveillance or treatment of regulated pests; “ regulated pest ” means a quarantine or regulated non quarantine pest; “ regulated non quarantine pest ” means a non quarantine pest whose presence in plants affects the intended use of those plants and has an economic impact which is regulated within the territory of the importing country; “ survey ” means an official procedure conducted over a defined period of time to determine the characteristics of a pest population or to determine which species occur in an area; and “ quarantine pest ” means a pest of potential economic importance to an area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. 14th August, 2020 Statutory Instruments 409 PART II PEST SURVEILANCE
Part
PART II
- 4 Verify source ↗
Area of pest surveillance
AI-assisted research summary: Inspectors must conduct pest surveillance to collect and document pest information.
4. (1) An inspector shall conduct a pest surveillance for the purpose of collecting and documenting pest information so as to— Pest surveillance (a) establish pest free areas; (b update the pest list; (c) delimit an area for the presence or absence of a pest; (d) determine the pest distribution and protection in an endangered area; (e) (f) report the presence of new pests to the National Plant Protection Organisation; and recommend measures for the prevention, control or management of the pest. (2) A pest surveillance carried out by an inspector may be general or specific. (3) A general pest surveillance shall— (a) be used to collect information on pests, the occurrence of those pests, the place at which the pests are discovered for purposes of pest detection, identification, declaration, and compilation of a national pest list; or (b) be transmitted to the relevant Authorities for record keeping, future reference and action. (4) A specific pest surveillance shall (a) detect the presence of pests for purposes of establishing a boundary for a pest free area over a defined period of time; and (b) verify characteristics of a pest population in an area. (5) An inspector may, before carrying out a pest surveillance, collect the necessary information from reliable sources including a regional pest list, for the purpose of having a comprehensive and successful pest surveillance. - 5 Verify source ↗
Pest surveillance report
AI-assisted research summary: An inspector may carry out pest surveillance anywhere in the Republic, including forests, plantations, nurseries, warehouses, containers, water bodies, and swamps.
5. An inspector may carry out a pest surveillance in any part of the Republic including— (a) (b) a forest, plantation or any other plant habitat including plant nurseries and growing media; and other areas such as warehouses, containers, water bodies and swamps. Area of pest surveillance 410 Statutory Instruments 14th August, 2020 Pest surveillance report - 6 Verify source ↗
Declaration of pest
AI-assisted research summary: Inspectors who conduct pest surveillance must submit a report to the National Plant Protection Organisation soon after the surveillance ends, and the Organisation must keep a record of it. The report may be opened for public inspection during normal working hours.
6. (1) An inspector who conducts pest surveillance shall, as soon as practicable after completion of the surveillance, submit to the National Plant Protection Organisation a comprehensive report of the findings. (2) The report under sub regulation (1) shall include— (a) (b) (c) the background information, purpose, period and area of the surveillance; sampling method used and frequency; identity of pest with scientific name; (d) host or articles concerned; (e) pest status; (f) geographic distribution of the pest, including a map and Geographical Positioning System coordinates, where possible; (g) (h) assumptions made from the data collected; and the nature of the immediate or potential danger. (3) The National Plant Protection Organisation shall keep and maintain the a record of the report submitted under sub-regulation (1). (4) The report under this regulation may be open for inspection by members of the public during normal working hours. Declaration of pest - 7 Verify source ↗
8. Pest management
AI-assisted research summary: The National Plant Protection Organisation must report pests identified through pest surveillance under these Regulations.
7. (1) The National Plant Protection Organisation shall be responsible for reporting pests identified by a pest surveillance conducted under these Regulations. (2) Where the National Plant Protection Organisation declares a pest under subregulation (1), that pest shall form part of the national pest list. - 7 Verify source ↗
8. Pest management
AI-assisted research summary: A person may carry out independent pest surveillance to identify new pests, but if a pest is identified during that surveillance, a report must be submitted to the National Plant Protection Organisation as soon as practicable.
7. (1) Despite regulation 4, a person may carry out an independent pest surveillance for purposes of identifying new pests. (2) A person who, in the course of an independent pest surveillance identifies a pest, that person shall submit to the National Plant Protection Organisation a report of the independent surveillance as soon as it is practicable. Independent pest surveillance - 8 Verify source ↗
Pest management
AI-assisted research summary: The National Plant Protection Organisation must implement measures to prevent, control, or manage pest distribution when an inspector recommends it.
8. The National Plant Protection Organisation shall, on the recommendation of an inspector, implement measures to prevent, control or manage the distribution of a pest identified during a pest surveillance. 14th August, 2020 Statutory Instruments 411 PART III PEST RISK ANALYSIS
Part
PART III
- 9 Verify source ↗
10. Stages of pest risk analysis
AI-assisted research summary: An inspector may conduct a pest risk analysis to develop phytosanitary measures, analyse pests linked to commodities, or determine whether a commodity may be a pathway for a pest.
9. (1) An inspector may conduct a pest risk analysis in order to— Pest management (a) develop phytosanitary measures; (b) (c) analyse a pest associated with a commodity; and determine a commodity likely to be a pathway to a pest. (2) A pest risk analysis for a quarantine pest shall provide for (a) (b) (c) an assessment of the risk of pests to the environment; the management of the risk identified; and the economic impact of the pest. - 10 Verify source ↗
Stages of pest risk analysis
AI-assisted research summary: A pest risk analysis process has three stages: initiation, pest risk assessment, and pest risk management.
10. A pest risk analysis process consists of the— (a) initiation stage; (b) pest risk assessment stage; and (c) pest risk management stage. Pest risk analysis - 11 Verify source ↗
12. Pest risk assessment stage
AI-assisted research summary: An inspector must identify a pest and pathway of quarantine concern for pest risk analysis in relation to an identified endangered area.
11. An inspector shall identify a pest and pathway which is of quarantine concern to be considered for a pest risk analysis in relation to an identified endangered area. Stages of pest risk analysis - 12 Verify source ↗
Pest risk assessment stage
AI-assisted research summary: An inspector must provide for pest categorisation when carrying out a pest risk assessment at the initial stage.
12. An inspector shall, in carrying out a pest risk assessment Initial stage provide for pest categorisation. - 13 Verify source ↗
Pest risk management
AI-assisted research summary: An inspector must identify and select appropriate risk management options when carrying out pest risk management.
13. An inspector shall, in carrying out the pest risk management, identify and select appropriate risk management options to manage the pest. Pest risk assessment stage - 14 Verify source ↗
Reporting on pest risk analysis
AI-assisted research summary: An inspector must submit a pest risk analysis report to the National Plant Protection Organisation, and the Organisation must send a copy to relevant organisations after receiving it.
14. (1) An inspector shall, on completion of a pest risk analysis, submit to the National Plant Protection Organisation a report on the pest risk analysis. Pest risk management (2) The National Plant Protection Organisation shall, on receipt of the report under sub regulation (1), transmit a copy of the report to relevant national, regional and international organisations. PART IV PHYTOSANITRY PROCEDURE
Part
PART IV
- 15 Verify source ↗
Consignments subject to photosanitary procedure
AI-assisted research summary: People who import, export, transit, or re-import a consignment must comply with the phytosanitary procedure. Inspectors may carry out that procedure on certain plants, plant products, or seeds linked to transit, export, re-export, or import.
15. (1) A person who imports, exports, transits or re-imports a consignment shall comply with the phytosanitary procedure under these Regulations. Reporting on pest risk analysis (2) An inspector may conduct a phytosanitory procedure on a plant, plant product or seed under these Regulations, which is— 412 Statutory Instruments 14th August, 2020 Consignments subject to phytosanitary procedure (a) a consignment in transit through the Republic; (b) being exported outside the Republic; (c) for re export from the Republic to the country of origin; and (d) imported into the Republic. - 16 Verify source ↗
Risk assessment
AI-assisted research summary: An inspector must assess pest risk before a phytosanitary procedure and may request certain consignment information from an importer when doing that assessment.
16. (1) An inspector shall, before conducting a phytosanitary procedure, assess the risk of a pest being introduced or spread to the country of transit or import. (2) An inspector who carries out an assessment under sub regulation (1) may request and collect from an importer the following information, relating to that plant or plant product:— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) the class of commodity to which the consignment belongs; the mode of transport used to transport the consignment; the regulated pest associated with that consignment; the possibility of that pest being introduced and spread; the material and method used to package the consignment; the atmospheric condition in the container in which the consignment is transported; the change in configuration; the duration of consignment in transit; the route taken to transport the consignment from the country of origin to the country of transit; and frequency, volume and season of consignment in transit. Risk assessment - 17 Verify source ↗
Phytosanitary procedure on consignment in transit
AI-assisted research summary: An inspector must conduct a phytosanitary procedure for certain risky consignments in transit, but not when the plant or plant product is sealed, isolated, or in its original package.
17. (1) Subject to subregulation (2), an inspector shall conduct a phytosanitary procedure on a consignment in transit which poses a risk of introducing or spreading a pest and may require a phytosanitary measure unless the plant or plant product— (a) (b) (c) is sealed; is isolated from any other consignment; or is kept in its original package. (2) Despite sub regulation (1), an inspector may conduct a phytosanitary procedure if, after a risk assessment, it is established that a consignment in transit requires a phytosanitary measure. (3) An inspector may recommend to the customs authority that the consignment be subjected to further import requirements of the transit country, where the inspector— 14th August, 2020 Statutory Instruments 413 (a) finds that the consignment in transit may have a risk of introducing or spreading a pest in the country of transit; and (b) it is not reasonably practicable to conduct a phytosanitary procedure. - 18 Verify source ↗
Non-discriminatory measures
AI-assisted research summary: An inspector must not impose a phytosanitary measure that is more restrictive than the measure applied to a comparable consignment in transit with the same phytosanitary status.
18. An inspector shall not conduct a phytosanitary measure that is more restrictive than that applied to the consignment in transit of the same phytosanitary status imported into that country of transit. - 19 Verify source ↗
Report
AI-assisted research summary: An inspector must prepare a report on the phytosanitary measure carried out and submit it to the relevant department in the Ministry.
19. An inspector shall prepare a report containing the phytosanitary measure carried out and submit the report to the relevant department in the Ministry where an inspector— Phytosanitary procedure on consignment in transit Non- discriminatory measures carries out a risk assessment; conducts a phytosanitary procedure; or (a) (b) (c) makes a recommendation in accordance with regulation - 20 Verify source ↗
Prohibition of export of plant without phytosanitary
AI-assisted research summary: A person must not export a plant or plant product unless it has a phytosanitary certificate issued by an inspector.
20. (1) A person shall not export a plant or plant product without a phytosanitary certificate issued by an inspector under the Plant Pests and Diseases (Importation) Regulations. Report (2) A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding six months, or to both. - 21 Verify source ↗
Phytosanitary procedure on plants and plant products for
AI-assisted research summary: An inspector must carry out a phytosanitary procedure before export or re-export, and must issue a phytosanitary certificate if the stated conditions are met.
21. (1) An inspector shall conduct a phytosanitary procedure on consignment before it is (a) (b) exported to a country outside the Republic; or re exported from the Republic to the country of origin. (2) An inspector who conducts a phytosanitary procedure and determines that a plant or plant product or seed is substantially free from the quarantine pest and phytosanitary requirements specified by the importing country and complies with procedures adopted by SADC, COMESA and other internationally recognised organisations, shall issue a phytosanitary certificate for the export of a plant, plant products, seed and other regulated articles to a SADC member State or COMESA member State, including other trading partners or member States. Prohibition of export of plant without phytosanitary certificate S.I. No. 497 of 1994 - 22 Verify source ↗
Phytosanitary procedure on plants and plant products for
AI-assisted research summary: An inspector doing a phytosanitary import procedure must issue a plant import permit.
22. An inspector who conducts a phytosanitary procedure for import of plants and plant products or seed shall issue a plant import permit for the import a plant, plant products, seed and other regulated articles to a SADC member State or a COMESA member State, including other trading partners or member States. Phytosanitary procedure on plants and plant products for export and re-export 414 Statutory Instruments 14th August, 2020 Phytosanitary procedure on plants and plant products for export and import - 23 Verify source ↗
An inspector who conducts a phytosanitry procedure for
AI-assisted research summary: An inspector conducting a phytosanitary procedure for imports must issue a plant import permit.
23. An inspector who conducts a phytosanitry procedure for import of plants and plant products or seed shall issue a plant import permit for the import a plant, plant products, seed and other regulated articles to a SADC member State or a COMESA member State, including other trading partners or member States. LUSAKA 7th August, 2020 M. KATAMBO, Minister of Agriculture
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