Control of Plants (Plant Importation) Rules

Control of Plants Act

(Chapter 57A, Section 46)

R 4

REVISED EDITION 1996

(18th February 1994)

[18th February 1994]

Citation

1. These Rules may be cited as the Control of Plants (Plant Importation) Rules.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“American tropics” means those parts of the continent of America, including the islands adjacent thereto, which are bounded by the Tropic of Capricorn (latitude 23 ½° S) and the Tropic of Cancer (latitude 23 ½° N) and by Longitudes 30° W and 120° W and includes that part of Mexico which is north of the Tropic of Cancer;

“consignment of plants or plant products” includes any container, receptacle, packaging material or other article forming part of such a consignment;

“plant” does not include any plant (other than any fruit or vegetable) imported into Singapore for consumption or for manufacturing or medicinal purposes;

“soil” does not include clean sand, peat or rock;

“transit” means to be taken or sent from any country and brought into Singapore for the sole purpose of being carried to another country by the same or another conveyance within any free trade zone.

(2) For the purpose of these Rules, any reference to the importation or movement of any of the pests, plants, plant products and other materials specified in the First, Second, Third and Fourth Schedules shall be read as including a reference to the importation and movement of such pests, plants, plant products or other materials by post.

Persons to whom Rules do not apply

3. Subject to rules 12, 13 and 14, these Rules shall not apply —

(a)	to any person who, with the written permission of the Director and subject to such conditions as the Director may think fit to impose, imports any plant, plant product or soil for experimental or research purposes;
(b)	to any person who imports any plant or plant product from Peninsula Malaysia; or
(c)	to any person who brings any of the plants, plant products and other materials specified in the Second, Third and Fourth Schedules into Singapore in transit, subject to the condition that such plants, plant products or other materials shall not be moved from the point of entry into Singapore to any other place within Singapore except with the permission in writing of the Director or an agricultural officer authorised by him and in accordance with such terms and conditions as the Director or the agricultural officer may think fit to impose.

Importation of pest or beneficial organisms

4.—(1) No person shall import any pest or beneficial organism for the control of pests except under a permit issued by the Director.

(2) Every permit issued under this rule shall be subject to such terms and conditions as the Director may think fit to impose, which terms and conditions shall be endorsed on the import permit.

(3) Every permit issued under this rule shall be valid for the period specified therein.

(4) Every permit issued under this rule shall be valid only for the consignment in respect of which it has been issued.

Imported plants to be free of pests

5. Any person who imports any plant or plant product shall ensure that such plant or plant product and the container or package thereof is free of the pests specified in the First Schedule.

No person to import soil or plants specified in Second Schedule

6. No person shall import any soil or any of the plants specified in the first column of the Second Schedule from the countries of origin specified in the second column of that Schedule.

Importation of plants in Third Schedule

7.—(1) No person shall import any of the plants, plant products and other materials specified in the first column of the Third Schedule from the countries of origin specified in the second column of that Schedule except under a permit issued by the Director.

(2) Every permit issued under this rule shall be subject to such terms and conditions as the Director may think fit to impose, which terms and conditions shall be endorsed on the permit.

(3) Every permit issued under this rule shall be valid for a period of 3 months from the date of issue.

(4) Every permit issued under this rule shall be valid only for the consignment in respect of which it has been issued.

(5) Every consignment of imported plants or plant products shall be accompanied by a phytosanitary certificate or a similar official statement issued not more than 14 days prior to the date of shipment of the consignment by a competent government agency or some other agricultural authority in the country of despatch which is recognised by the Director.

(6) The phytosanitary certificate or official statement required under paragraph (5) shall, subject to paragraph (7), certify whether every condition (if any) endorsed on the import permit has been complied with.

(7) Where it is not possible to obtain the certification required under paragraph (6), or if the plants or plant products are being carried personally by an in-coming traveller for his own use, the Director may, in his discretion, permit the plants or plant products to enter Singapore subject to such terms and conditions as he may think fit to impose.

Application and fee for permits

8. Every application for the issue of a permit under rule 4 or 7 shall be made to the Director in such form as the Director may require and shall be accompanied by the appropriate fee specified in the Fifth Schedule.

Cancellation of permits

9. Any permit issued under rule 4 or 7 may be cancelled if the person to whom it was issued is in breach of any of the terms and conditions endorsed on the permit or of these Rules.

Variation of terms and conditions of permits

10. The Director may —

(a)	having regard to the status of the pests or beneficial organisms for the control of pests or the plants, plant products or other materials in respect of the import of which a permit has been issued under rule 4 or 7, as the case may be; and
(b)	in accordance with the provisions of any international agreement or memorandum of understanding pertaining to the international movements of such pests or beneficial organisms or plants, plant products or other materials,

from time to time and in such manner as he thinks fit vary the terms and conditions subject to which the permit has been issued.

Phytosanitary certificates

11.—(1) No person shall import any of the plants or other materials specified in the Fourth Schedule unless the consignment of such plants or other materials is accompanied by a phytosanitary certificate issued not more than 14 days prior to the date of despatch of the consignment by a competent government agency or some other agricultural authority in the country of despatch which is recognised by the Director.

(2) Where the consignment is not accompanied by a phytosanitary certificate or if the plants or other materials are being personally carried by an in-coming traveller for his own use, the Director may permit the plants or other materials to enter Singapore subject to the conditions that —

(a)	the consignment shall first be inspected by an agricultural officer to ensure that the plants or other materials therein are free of the pests specified in the First and Second Schedules; and
(b)	the consignment shall be destroyed if any of the pests specified in the First and Second Schedules are found therein.

Powers of agricultural officers

12.—(1) An agricultural officer may at any time —

(a)

enter and inspect any premises or stop, detain, board or inspect any conveyance where he has reason to believe that such premises or conveyance has been used or is being used in connection with the importation of pests, plants, plant products or any of the other materials specified in the First, Second, Third and Fourth Schedules;

(b)

inspect any consignment of plants which has been imported into Singapore;

(c)

open and examine any container, package or receptacle which —

(i)	contains or which the agricultural officer reasonably believes to contain; or
(ii)	has been used or is being used or which the agricultural officer reasonably believes to have been used or to be being used in connection with the importation into Singapore of,

any pests, plants, plant products or any of the other materials specified in the First, Second, Third and Fourth Schedules;

(d)	prohibit entirely or to such extent as he thinks fit, the movement of any conveyance containing or consignment of, plants, plant products or any of the other materials specified in the First, Second, Third and Fourth Schedules which has arrived but which has not yet entered Singapore;
(e)	direct that any conveyance containing or consignment of, plants or plant products imported into Singapore be detained or quarantined for such a period as he thinks fit at such place and in such manner as may be determined by the Director;
(f)	direct that any conveyance containing or consignment of, plants or plant products imported into Singapore be subject to treatment at such place and in such manner as may be determined by the Director for the purpose of destroying any pests infesting the plants or plant products;
(g)	direct the importer or owner of any consignment of plants or plant products which is found to be pest infested or to have been imported in contravention of these Rules to at his own expense destroy the consignment in such manner as may be determined by the Director or immediately export the consignment;
(h)	where the importer or owner of any consignment of plants or plant products has failed to destroy or immediately export the consignment as directed under paragraph (g), destroy the consignment in such manner as may be determined by the Director and recover the expenses incurred for the destruction from the importer or owner of the consignment;
(i)	seize any pests, plants, plant products or any of the other materials which have been imported or which are being kept in contravention of these Rules; and
(j)	do such other act or thing as may be reasonable or necessary for the purpose of carrying out his duties under these Rules.

(2) Any person who wilfully obstructs or impedes an agricultural officer in the exercise of his powers under these Rules, or acts in contravention of the terms and conditions imposed by an agricultural officer shall be guilty of an offence.

Loss or expenses incurred for inspection, quarantine, destruction or treatment of plants or plant products

13.—(1) Any loss or expenses incurred for the inspection, quarantine, treatment or destruction under these Rules of any conveyance containing or any consignment of, plants or plant products imported or brought into Singapore, including the cost of transporting the same, shall be borne by the importer or owner of the conveyance or consignment, as the case may be.

(2) The Director may, in his discretion, waive any expenses incurred by him for the inspection, quarantine, treatment or destruction under these Rules of any conveyance containing or any consignment of, plants or plant products imported or brought into Singapore.

Inspection, treatment or destruction of articles and conveyances not used in connection with the importation of plants

14. The Director may, if in his opinion the circumstances of the case so warrant, direct that any article or conveyance which has not been used in connection with the importation of plants or plant products but which he reasonably suspects to be diseased or infested with any of the pests referred to in the First Schedule, be inspected by an agricultural officer and, if necessary, be treated or destroyed at such place and in such manner as the Director may determine.

Fees for inspection

15. The fees for and incidental to any inspection or laboratory examination under these Rules shall be as specified in the Fifth Schedule.

Making of false declarations, etc.

16. Any person who, being required by or by virtue of these Rules to make any declaration, statement or representation or to produce any document or who, for the purpose of obtaining any permit —

(a)	makes or presents any declaration, statement or representation which, to his knowledge, is false in any material particular; or
(b)	produces any document which, to his knowledge, is false in any material particular or has not been made by the person by whom it purports to have been made, or has been in any way altered or tampered with,

shall be guilty of an offence.

Offences

17. Any person who contravenes or fails to comply with —

(a)	rule 4(1), 5, 6 or 7(1);
(b)	any of the terms and conditions of any permit issued to him under these Rules; or
(c)	any direction given to him under these Rules by the Director or an agricultural officer,

shall be guilty of an offence.

Penalty

18. Any person who is guilty of an offence under these Rules shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

Forfeiture of consignment, etc., upon conviction

19. Where any person is convicted of an offence under these Rules, the court may order that any conveyance containing or any consignment of, plants or plant products and any container, packaging material, receptacle or other article or material to which the offence relates shall be forfeited to the Government and disposed of in such manner as the Director thinks fit.

Transitional provisions

20. Notwithstanding the revocation of the Agricultural Pests (Plant Importation) Rules, any permit, application or direction issued, made or given under those Rules shall be treated as a permit, application or direction issued, made or given under these Rules and shall have the same force and effect as a permit, application or direction issued, made or given under these Rules.

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