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法規名稱(Title) Regulations of Plant Regulated Articles Subject to Post-Entry Quarantine Ch
公發布日(Date) 2015.05.25
法規沿革(Legislative) Promulgated on May 25, 2015
法規內文(Content)

Article 1
These Regulations are established pursuant to the fourth paragraph
of Article 14 of the “Plant Protection and Quarantine Act”
(hereinafter called “the Act”).


Article 2
The regulated articles subject to post-entry quarantine (hereinafter
referred to as "PEQ articles") pursuant to subparagraph 3 of the
first paragraph of Article 14 of the Act are the designated living
plants or propagating materials that shall be conducted for a
designated quarantine period.


Article 3
The post-entry quarantine for PEQ articles shall be conducted in
the plant quarantine authority, or the PEQ station designated by
the plant quarantine authority, or the PEQ station provided by
the importers that have been approved by the plant quarantine
authority.


Article 4
The importers shall submit application to the plant quarantine
authority for approval before importing PEQ articles.
The application in the preceding paragraph shall include the
scientific names (including the genus names and the species names)
or the cultivar names of PEQ articles, the parts of the PEQ
article, the exporting country or area, and the quantity of such
importation.
The importers shall provide the following requisite documents if
PEQ was conducted in the PEQ station provided by the importer:
1.Layout map and address (including the lot number) of the PEQ
  station, the land ownership certificate or the agreement for
  the use by land owner, and the facilities of safety isolation
  site for PEQ;
2.Cultivation and management plan of PEQ articles;
3.Management plan for PEQ articles after importation, including
  the name of the person responsible for the management, phone
  number, and PEQ control measures.
If the application of the first paragraph or the requisite
documents or information of the preceding paragraph are incomplete,
the plant quarantine authority shall issue a notice to require
supplementation or correction within a specified time period. If
such supplementation or correction is not made or the submitted
content remains incomplete within the deadline, the application
will not be accepted.
 

Article 5
The PEQ station shall meet one of the following requirements
mentioned below:
1.For quarantine field site:
(1)Fences must be established surrounding the field site for
   isolation;
(2)Plants of the same family shall not be cultivated within 50
   meters;
(3)The entrance shall be able to be kept locked, and designated
   personnel are required for managing the field site and controlling
   the access of vehicles.
2.For greenhouse or screen house:
(1)The facility shall consist of a roof made by transparent glass
   or plastic material and surrounded by glass, plastic material,
   or screens with openings no larger than 0.6 mm to isolate it
   from the environment;
(2)All vents, windows and other holes shall be covered with screens
   with openings no larger than 0.6 mm in order to seclude the
   outside environment;
(3)The entrance shall be installed with antiseptic device for
   disinfecting hands and footwear;
(4)The entrance shall be able to be kept locked, and designated
   personnel are required for managing the field site and controlling
   the access;
(5)The ground shall be free of weeds and soil; the ground which
   is a permeable surface shall be equipped with raised benches
   at least 30 cm above the ground.
If the PEQ articles are confirmed to have the risk of diseases
which are insect-borne, the PEQ station shall meet the requirement
of subparagraph 2 of the preceding paragraph.


Article 6
The plant quarantine authority shall dispatch the inspector to
perform an on-site audit of the PEQ station if such a station is
provided by the importer. If the station is not compliant with
the first paragraph of the preceding article, the importers shall
make improvements within the deadline. If the required improvement
is not met before the deadline, the application will not be
accepted.
Improvements of the preceding paragraph shall be made within two
months.


Article 7
The plant quarantine authority will issue the import permit for
the importation of PEQ articles after the application is approved.
The import permit is valid within two months from the day issued.
For the application of importation in several shipments, the
validation of import permit shall not exceed four months.


Article 8
The importers or their agents shall apply for quarantine inspection
of PEQ articles accompanied by the import permit on arrival.
The domestic transportation of PEQ articles shall be escorted by
the inspector dispatched by the plant quarantine authority or
being sealed by the inspector dispatched by the plant quarantine
authority and sent by the importers or their agents. The PEQ articles
being transported to the isolation site shall not be opened and
cultivated before being checked by the inspector dispatched by
the plant quarantine authority where the PEQ station is located.
The importers or their agents shall provide transportation vehicles
and the cost for the transportation of the preceding paragraph.


Article 9
The importers shall assist to manage and follow the rules listed
below during PEQ:
1.All or any part of PEQ articles, or their derivatives shall not
  be moved out from the PEQ station without the permission of the
  plant quarantine authority;
2.The access of personnel and the entrance, release and usage of
  fertilizers, pesticides, cultivation media, and other materials
  of the PEQ station during PEQ period shall be recorded for audit;
3.The used cultivation media and other materials, discarded solution,
  and plant residues shall be collected and disinfected by means
  which are approved by the plant quarantine authority, and then
  disposed or discarded; such a record shall be made for audit;
4.The movement of other regulated articles shall be approved by
  the plant quarantine authority;
5.The importers shall immediately notify the plant quarantine
  authority and follow the instructions of the inspector of the
  plant quarantine authority or disposed by the plant quarantine
  authority. All the costs shall be borne by the importers.
If the PEQ station provided by the importer is not compliant with
Article 5 due to damage or any other reasons, the importer shall
inform the plant quarantine authority and take safety measures
immediately.
If PEQ takes place in facilities of the plant quarantine authority
or is designated by the plant quarantine authority, the importer
shall pay the fees collected according to relevant regulations.


Article 10
During PEQ, the plant quarantine authority shall dispatch the
inspector to check the growth conditions and pest occurrence
following the rules listed below:
1.Herbaceous plant: checking at least once a month.
2.Woody plant: checking at least once every three months.


Article 11
If the regulated articles subjected to PEQ are infected by
quarantine pests and suffer from a lack of proper disinfection
during the quarantine period, they shall be deemed as failing
to meet the import quarantine inspection and be destroyed.
PEQ articles, which are isolated and found to be free of pests or
infested with pests that do not belong to the pest list published
and controlled by the central competent authority and deemed to
be of low risk, shall be admitted with their validity.
The plant quarantine authority shall inform the importers to remove
their PEQ articles from plant quarantine authority or the facility
designated by the plant quarantine authority within a deadline once
being admitted valid; otherwise the PEQ articles shall be disposed
by the plant quarantine authority with the cost borne by the importers.


Article 12
The regulated articles which are found to be infected by pests
that could not be identified immediately at the point-of-entry,
or the species of the living plant or propagating materials that
could not be identified immediately during import inspection may
also be subjected to PEQ according to these Regulations.
The PEQ of the regulated articles of the preceding paragraph shall
be conducted in the plant quarantine authority or the isolation
sites designated by the plant quarantine authority.
If the infested pests of the regulated articles subject to the
first paragraph or the species of the living plants or propagating
materials were able to be identified during PEQ, the plant
quarantine authority may lift the PEQ control measures and release
the regulated articles; otherwise the plant quarantine authority
shall notify and request the importers or their agents to disinfect,
destroy, re-export or conduct other measures to such regulated
articles within a deadline.

 

Article 13
These regulations become effective on the date of promulgation.