June 10, 1978PROMULGATING
THE PLANT
QUARANTINE LAWOF 1978,
THEREBY REVISING
AND CONSOLIDATING EXISTING PLANTQUARANTINE
LAWS TO FURTHER
IMPROVEAND STRENGTHEN
THE PLANT
QUARANTINE SERVICE OF THE BUREAU OF PLANT INDUSTRY
WHEREAS, economic
losses due to injury on agricultural crops brought about by plant pests
have become increasingly significant;
WHEREAS, the
prevention
of introduction, incursion, establishment and subsequent spread of
plant
pests by regulating the international and domestic movements of plants
and plant products, is considered more practical and economical than
any
other method of plant pest control;
WHEREAS, modern
means
of transportation and handling of imports and exports have favored the
expeditious and extensive movements of plants and plant products,
thereby,
increasing the risk of plant pest introduction and/or incursion;
WHEREAS, plant quarantine
is basically and essentially a preventive measure, it being the actual
frontline defense against the introduction or incursion into the
country
of plant pests which are destructive to our agricultural crops;
WHEREAS, some of
the provisions of Act No. 3027 dated March 8, 1922, entitled, "AN
ACT
TO PROTECT THE AGRICULTURAL INDUSTRIES OF THE PHILIPPINE ISLANDS FROM
INJURIOUS
PLANT PESTS AND DISEASES EXISTING IN FOREIGN COUNTRIES AND FURTHER TO
REGULATE
THE DOMESTIC MOVEMENT OF THE PLANT MATERIALS IN ORDER TO MINIMIZE THE
INJURY
FROM PESTS AND DISEASES ALREADY INTRODUCED" And Act No. 3767, dated
November 26, 1930, entitled "AN ACT REGULATING THE IMPORTATION,
BRINGING
OR INTRODUCTION INTO THE PHILIPPINE ISLANDS OF LIVING ANIMALS, SUCH AS
INSECTS, BIRDS, CRUSTACEANS, BATS, MOLLUSKS, REPTILES, MAMMALS, AND
OTHER
ANIMALS, NOT FALLING WITHIN THE SCOPE OF THE TERM 'DOMESTIC ANIMALS' AS
PROVIDED AND DEFINED IN SECTION FOUR OF ACT NUMBERED THIRTY-SIX HUNDRED
AND THIRTY-NINE, IN ORDER TO PROTECT THE AGRICULTURAL INDUSTRIES OF
THIS
COUNTRY AND FOR OTHER PURPOSES" are no longer relevant and
applicable
to the protection of plant industries of this country, and therefore,
require
urgent and immediate modification and updating;
WHEREAS, the
Plant
Quarantine rules and regulations of the Philippines must be compatible
with those of other countries and with the provisions of the Food and
Agriculture
Organization - International Plant Protection Convention of the United
Nations to which the Philippines is a signatory;
WHEREAS, the
attainment
of the foregoing objectives require the necessary improvement and
strengthening
of the Plant Quarantine Services of the Bureau of Plant Industry by
providing
adequate laws; regulations; resources and facilities; and incentives to
Plant Quarantine Officers.
NOW, THEREFORE, I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers
vested in me by the Constitution do hereby decree and order the
following:chanroblesvirtuallawlibrary
SECTION 1. This Decree shall
be known as the "Plant Quarantine Decree of 1978."
SEC. 2. Definition
of
Terms. — The following terms used in this Decree shall mean as
follows:chanroblesvirtuallawlibrary
a. "Person" —
any
natural or juridical person such as corporation, partnerships,
societies,
associations, firms, companies and other legal entities.
b. "Director" —
The
Director of Plant Industry.
c. "Plant
Quarantine
Officer" — any person so appointed and/or designated by the Director of
Plant Industry.
d. "Country" —
any
independent political unit or sovereign nation, territory, colony and
political
or territorial subdivision.
e. "Carrier" —
includes
any sort or craft or other artificial contrivance used, capable of
being
used as means of transportation in land, water or air.
f. "Plants" —
shall
compromise living plants and parts thereof, including seeds, cuttings,
rhizomes, bulbs and corns, grafts, leaves, roots, scions and others
that
are capable of propagation.
g. "Plant
Products"
— shall mean products derived from plants, either in their natural
state
or in manufactured or processed form and are capable of harboring plant
pests.
h. "Potential
Animal
Pest" — shall compromise certain species of animal that are liable to
become
agricultural crop pests such as insects, monkeys, rodents, bats,
finches,
rabbits, snails and other forms of animal life capable of causing
injury
to agricultural crops.
i. "Packing
Materials"
— includes leaves, straw, bark and other plant materials used as
wrapping,
packing, or converting and are capable of harboring plant pets.
j. "Plant Pest"
—
any form of plant or animal life, or any pathogenic agent, injurious or
potentially injurious to plants and/or plant products.
k. "Quarantine
Orders"
— shall mean those Administrative Orders promulgated and issued by the
Director of Plant Industry to implement the provision of this Decree.
l. "Commodity
Treatment"
— any form of treatment applied to plants, plant products, and other
materials
capable of harboring plant pests, for the purpose of destroying or
eliminating
any infection/infestation caused by plant pests.
m. "Port of
Entry"
— is a port open to both foreign and domestic trade. The term includes
principal ports of entry and subports of entry.
n. "Importation"
—
is the act of bringing into the country the foreign commodities
mentioned
under Section 3 and 4 of this Decree for planting, consumption,
manufacturing,
domestication or for any other purpose.
o. "Plants —
Plant
Products in Transit" — shall refer to plants/plant products brought
into
any port in the country but are not intended for landing at the said
port.
p. "Exportation"
—
is the act of transporting commodities mentioned under Sections 3, 4,
and
6 hereof, from a local port to a foreign port.
q.
"Phytosanitary
Certification" — shall mean plant health certification.
SEC. 3. Importation of plants
and plant products. — The importation and/or introduction into the
Philippines of plants, plant products, soil, packing materials of plant
origin capable of harboring and are a source of medium of
infection/infestation
of plant pests, is hereby restricted subject to such quarantine orders,
rules and regulations as may be promulgated, from time to time, by the
Director with the approval of the Secretary of Agriculture.chanrobles virtualawlibrary
SEC. 4. Importation of
potential animal pests. — The importation of certain species of
animals
which are liable to become agricultural crop pests and are capable of
causing
injury to agricultural crops, is hereby prohibited. However,
importation
in limited quantities for a justifiable purpose and upon a written
permit
from the Director of Plant Industry, may be allowed.
SEC. 5. Commodities in
transit. — Commodities mentioned under Section 3 and 4 of this
Decree,
as well as, food provisions of plant origin and plant ornaments on
board
carriers, that are in transit shall be required of a clearance from the
Plant Quarantine Officers assigned at the port concerned.
SEC. 6. Exportation of
plants and plant products. — The Director and/or Plant Quarantine
Officers
shall cause the inspection and phytosanitary certification of all
plants,
plant products and other related materials capable of harboring plant
pests,
if the importing country so requires.
SEC. 7. Inspection of
plants/plants products, potential animal pests, and other materials. —
The Director shall cause the appropriate inspection, of the commodities
mentioned in Sections 3, 4 5 and 6 and to apply the necessary plant
quarantine
measures in order to attain the objectives of this Decree.
SEC. 8. Domestic Quarantine
of plants and plant products. — In order to prevent and arrest the
spread to other areas, of injurious plant pests existing in certain
localities
within the Philippines, the Director, and/or the Plant Quarantine
Officers
shall cause the inspection; treatment, if necessary; and certification
of plants and plant products involved in the movement from one locality
to another within the country.
In cases where it is necessary
to contain plant pest(s) the Director may limit the movement of certain
plants and/or plant products.
SEC. 9. Appointment and/or
designation of Plant Quarantine Officers. — The Director shall
cause
the appointment and/or special designation of Plant Quarantine
Officers,
who shall act as his representatives, in implementing and enforcing the
provisions of this Decree. Provided, however, that such special
designation
shall be in written form.
SEC. 10. Powers and Duties
of Plant Quarantine Officers. —
a. To inspect
all
carriers, crew/passenger luggage and incoming mails, in order to
determine
the presence of plants, plant products, and other materials capable of
harboring plant pests, as well as, potential animal pests.
b. To enter into
the
plant and inspect any and all areas where plants, plant products, and
other
materials capable of harboring plant pests are landed, stored, and/or
grown.
c. To examine
imported
plants, plant products, and other materials capable of harboring plant
pests as well as potential animal pests and to administer necessary
measures
to ensure effective implementation of the provisions of this Decree.
d. To inspect,
administer
treatment, if necessary; and issue phytosanitary certificates on
plants,
plant products, and other related materials intended for export, if the
improving country so requires.
e. To confiscate
and
destroy or refuse entry of plants, plant products and potential animal
pests involved in prohibited importations, as well as prohibited plants
and plant products which exportation is, likewise, prohibited.
f. To perform
such
other related duties which maybe assigned to him, from time to time.
In the exercise of the powers
and duties herein vested to Plant Quarantine Officers, they are hereby
given police power and authority.chanrobles virtualawlibrary
SEC. 11. Non-liability
Clause. — All charges for storage, demurrage, cartage, labor and
delays
incident to inspection, cost of disinfection or disinfestation and
other
post-entry requirements shall be the responsibility of the importer or
the exporter, as the case may be. Provided, that the Bureau of Plant
Industry
and/or its authorized representative shall not be held liable for
damages
to the commodity in the course of the implementation of the provisions
of this Decree.
SEC. 12. Duties of the
Importer and Exporter. — The importers, exporters, or their
authorized
representatives shall submit a declaration to the Director of Plant
Industry
or his authorized representatives at, or before the time of
entry/embarkation
of commodities mentioned under Sections 3, 4 and 6 hereof, for
importation/exportation.
Such declaration shall indicate the name and address of the
consignor/consignee;
the purpose; kind, nature and quantity of said commodities; the country
or locality where the same was grown; place and date of unloading or
embarkation;
and the registered name of carrier carrying the consignment.
SEC. 13. Entrance and
Clearance of Carriers. — The owner, operator, agent or master of
carriers
flying international and/or domestic routes are hereby required to
serve
a notice of arrival and departure and to provide inward and outward
cargo
manifests and other declarations of said carriers to the Plant
Quarantine
Officer at the port. Prior to departure, the agent or master of said
carrier
must secure a clearance from the Plant Quarantine Officer thereat.
The Collector of Customs
or his authorized agents shall, require the owner, agent or master of
carrier
to submit a copy of the certificate of Plant Quarantine Clearance as a
pre-requisite to the issuance of the Customs Clearance.
SEC. 14. Collection of
Fees. — The Director shall promulgate rules and regulations
governing
the collection of nominal regulatory fees for inspection,
certification,
import permits, commodity treatment and other, on commodities mentioned
under Section 3, 4 and 6. Provided, that said collections shall
constitute
the Revolving Fund of the National Plant Quarantine Service, to augment
the existing appropriations therefor, subject to government accounting
and auditing regulations. Provided, however, that importations and
exportations
of all government agencies; government owned or controlled
corporations;
donations to and for the account of any duly registered
relief-organizations;
or any charitable institution certified by the Department of Social
Services
and Development; embassies of foreign governments; and those that may
be
declared by the President, upon the recommendation of the National
Economic
and Development Authority, in the interest of economic development, are
exempted from payment of such fees excluding, however, the expenses
incurred
in commodity treatment.
SEC. 15. Overtime Services.
— The services of Plant Quarantine Officers, fumigators and helpers
performed
outside office hours and reimbursement of meal, transportation, lodging
and other incidental expenses shall be chargeable to party or parties
served
at rates to be prescribed by the Secretary of Agriculture upon
recommendation
of the Director.
SEC. 16. Cooperating Agencies.
— The Director may, when necessary, call upon other government agencies
(military, civil, national or local) in the implementation of plant
quarantine
regulation and dissemination of information to the general public.
SEC. 17. Authority to
promulgate Special Quarantine Orders, Rules and Regulations. — The
Director, with the approval of the Secretary of Agriculture, is hereby
authorized to promulgate such Special Quarantine Orders, rules and
regulations
to implement the provisions of this Decree.
SEC. 18. The Plant Quarantine
Board. — For the purpose of carrying out the provisions of this
Decree,
a Plant Quarantine Board is hereby created composed of the following:chanroblesvirtuallawlibrary
a. The
Director of
Plant Industry
b.
Commissioner of
Customs or Representative
c. General
Manager
or representative of Philippine Ports Authority
d.
Director, Bureau
of Quarantine or representative
e.
Director, Bureau
of Animal Industry or Representative
f.
Representative
from the National Economic and Development Authority
g.
Representative
from the Central Bank of the Philippines
h.
Administrative
or representative of the Philippine Coconut Authority
i.
Director of Forestry
or representative
j. Bureau
of Plant
Industry Legal Office
k.
Representative
from the Importers' and Exporters' Confederation
l. Chief,
Crop Protection
Division, Bureau of Plant Industry
m.Postmaster-General
or
representative
n. Chief, Plant
Quarantine
Section, Bureau of Plant Industry
|
-Chairman
-Member
-Member
-Member
-Member
-Member
-Member
-Member
-Member
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-Member
-Member
-Member
-Secretary |
SEC. 19. Duties of the
Board. — The Plant Quarantine Board shall be the advisory body to
assist
the Director of Plant Industry in formulating orders, rules and
regulations
for the effective implementation of the revisions of this Decree.
SEC. 20. Board Meeting.
— The Board shall meet once every quarter, or may call special meetings
when necessary, provided, that such special meetings shall not be held
more than four (4) times annually. The members of the Board shall
receive
a per diem of Two Hundred Pesos (P200.00) each per meeting.
SEC. 21. Quorum. —
A majority of the members of the Board shall constitute a quorum.
SEC. 22. Appropriation
of the Plant Quarantine Board. — The sum of P300,000.00 annually
is,
hereby appropriated for the expenses of the Plant Quarantine Board.
Provided,
that any unexpected amount of the said sum shall be reverted to the
Plant
Quarantine Revolving Fund.
SEC. 23. Penalty Clause.
— Any person, company or corporation who violates the provisions of
this
Decree, or forges, counterfeits, alters, defaces and destroys any
document
issued by virtue of this Decree shall be fined not more than Twenty
Thousand
Pesos (P20,000.00) or by imprisonment from prison correctional to
prison
mayor, or both, at the discretion of the Court.
SEC. 24. Separability
Clause. — If any of the provisions of this Decree shall be invalid,
the remainder shall be operative.
SEC. 25. Repealing Clause.
— All laws, rules and regulations inconsistent with the provisions of
this
Decree are, hereby superseded or revoked accordingly.
SEC. 26. Effectivity.
— This Decree shall take effect immediately upon approval.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, Nineteen Hundred and
Seventy-Eight.chanrobles virtualawlibrary
FERDINAND E.
MARCOSPresident of the
Philippines