Non Tariff Barriers (NTBs) for Imports Plant Quarantine or Phytosanitary Measures.

Plant Quarantine or Phytosanitary Measures

1.Introduction
2.Highlight Of New Plant Quaratine Order 2003
3.Agriculture Permit-Procedure for Issue
4.Agriculture Permit For Sowing
5.Pytosanitary Certificate
6.Plant Quarantine Order 2003
7.Annexures of Plant Quarantine Order 2003.

Second Amendment to Plant Quarantine Order

03,2004 In exercise of the powers conferred by sub-section (1) of section 3 of the Destructive Insects and Pests Act, 1914 (2 of 1914), the central government hereby makes the following order further to amend the Plant Quarantine (Regulation of import into India) Order, 2003, namely:-

(i) This order may be called the Plant Quarantine regulation of Import into India) Second Amendment) Order, 2004
(ii) It shall come into force on the date of is publication in the Official Gazette.
clauses 1 of the Plant Quarantine (Regulation of import into India) Order, 2003, in sub- clause (2), for the gures, letters and words “1st day of April, 2004”, the gures, letters and words “1st day of June, 2004” shall be substituted.

Text of Sub-clause 2 of clause 1.

[1. Short title and Commencement. –

This order may be called the Plant Quarantine regulation of Import into India) order, 2003.
Sub-clause (22) of clause 3 shall come into force on the 1st day of June April 2004 and all other provisions of this Order shall come into force on the 1st day of January 2004.]

Text of sub-clause 22 of clause 3.

(22) No article packed with packing materials shall be released by the proper officers of customs unless the consignment is accompanied by a phytosanitary certificate in respect of said packing materials;

Provided that if no phytosanitary certificate is furnished in respect of said packing materials, the proper officers of customs shall grant out of charge only after clearance is obtained from local plant quarantine angle and may, if deemed fit, subject the said packing material to treatment at the expense of importer.

Provided further nothing contained in this clause shall be applicable to packaging materials in respect of bonafide passenger baggage containing goods other than plants and plant products.

Packing Material Amendment to Plant Quarantine Order, 2003 comes into force from 30th June 2005 [Ref: F. No. 8-20/2005-PP.1, Dated the 29th March 2005]

Subject:- Implementation of the amendment to the plant Quarantine (Regulation of Import into India) Order, 2003.

The undersigned is directed to State that all member countries of the WTO have been allowed a period 90 days in which to comment on the Plant quarantine (Regulation of Import into India)(second Amendment) order, 2005 dated 25.2.2005, such comments will be duty considered and requisite modifications before made, if necessary to the amendment notifications before it enters into force with effect from 30.6.2005. Therefore, import consignment, which are not in compliance with the proposed amended requirement but are in compliance with the previously existing requirements, if any, may be allowed quarantine clearance till 30.6.2005. Importers may be therefore be given the option that the import permits issued in their favour may either provide for additional declaration requirement etc. as stipulated in the proposed amendment or provide for the proposed amendment, as per their choice and concurrence.

Plant Quarantine Import Regulations

1.Introduction

Introduction the import of agriculture products is controlled y the ministry of Agriculture. Essentially, control id ex-excised by means of the following instruments:

Agriculture permit for consumption. Specific commodities hit are: cereals, pulses, cotton, medicinal plants and all other agricultural commodities meant for consumption.
Agriculture permit for planting, sowing and propagation.
Each of these systems is described in the sections below.
The authority for the permits and phytosanitary certificate s derived from Plant Quarantine (Regulation of Import into India) Order,2003 as amended on 6 February 2004.
It may be noted other laws under PFA (Prevention of Food Adulteration) on grounds of health and packaging and making restriction will also be attracted.

The Plant Quarantine Order 2003 issued 18 November 2003 is the operative part of the regulation governing the import of agriculture and agriculture products for the purpose of consumption as well as sowing. The Phytosanitary regulation, fumigation and inspection system as well as the fees are prescribed in the Plant quarantine Order. The order is issued under Destructive Insects and Pests Act, 1914 popularly known as DIPA. Inspection fee and Fumigation fee are specified in the Schedule to the Order.

The Plant Quarantine Order 2003 supersedes the following

Rules for regulating the import of insects into India notified under F-193/40A dated 3.2.1941.
Rules for regulating the import of fungi into India notified under F.16-5(I)/43A dated 10.5.43.
Import of cotton into India Regulation, 1972.
Plants, Fruits and Seeds (Regulation of Import into India) Order, 1989.

Following the furore over the strict and impracticable clauses in the Order, an amendment to the Order was issued on 6th February 2004. Under this, Import permit application can be made 7 days in advance instead of 30 days. The Methy Bromide fumigation system too has been limited to fewer items.

2. Highlight Of New Plant Quaratine Order 2003

Plant Quarantine (Regulation of Import in to India) Order, 2003:

The order has come into force n 01.01.2004
No Phytosanitary certificate to be issued for more than two commodities.
Common name and scientific names to be recorded on Import Permit and Phytosanitary certificate.
Additional declaration to be recorded on Phytosanitary certificates.
New application from for Import Permit and for Inspection and clearance to be adopted from 01.01.2004.

Pacing materials: Phytosanitary Certificate is required for packing materials also under sub-clause (22) Plant Quarantine clause 3. This part of the order will into force from 1 November 2004.
Prohibition: No consignment consisting of 14 types of plant material is allowed for import from specified sources due to prevalence of pests in the region. The list of these is in the file under schedule IV. Import of these is allowed only imported from countries mentioned against each in column (4) of the said schedule.
Import Permit:
1. Import permit application is to be made at east seven days advance.(Clause 3(3) of Plant Quarantine Order).
2. The Import permit is to be issued subject to such restriction and condition prescribed under schedules V, VI and VII.
3. No attachment of IP is allowed except for change of point of entry clause (clause3 (3) of Plant Quarantine Order).
4. The import permit issued shall be valid for six months from the date of issue and valid for a total of three part shipments provided the exporter, importer and country of origin are the same for the entire consignment.
Seeds: Commercial Import of seeds of cereals, pulses, oil-seeds for propagation shall be permitted by the Department of Agriculture Co-Operation.(Clause 3(4) of Plant Quarantine Order).
Phytosanitary Certificate:
1. Phytosanitary certificate should include the import permit number. One copy of Import Permit to be forwarded to exporter (by importer) in advance to facilitate incorporation of import permit number in the Phytosanitary Certificate issued by exporting country.
2. No consignment to be allowed without Phytosanitary Certificate issued by an authorized officer at the country of origin. (Clause3 (20) of Plant Quarantine Order).
3. No consignment packed in any packaging material shall be permitted to be imported unless appropriately treated and the treatment to be endorsed on Phytosanitary Certificate. (Clause 3(21) of Plant Quarantine Order).
4. No articles packed with packing material shall be released by customs unless accompanied by a Phytosanitary Certificate. If Phytosanitary Certificate is not there the customs shall refer the consignment to Plant Quarantine officer for clearance from quarantine angle. (Clause3 (22) of Plant Quarantine Order) .
Pest Risk Analysis: No import permit for consignment other than those listed I schedules V, VI and VII (Restricted goods with condition) unless the Pest Risk Analysis is carried out. Application to be made to Plant Protection Adviser (PPA) for products other than those listed/permitted.(clause 3 (7) of Plant Quarantine Order).
Quarantine Weeds:
1. No consignment of seed or gain to be permitted with contamination of quarantine weeds listed in schedule VIII unless the consignment has been devitalized by the exporting country and a certificate to that effect has been endorsed in the Phytosanitary Certificate.(clause 3(12) of Plant Quarantine Order).
2. No consignment of plants and plant products if found infested or infected with a quarantine pest or contaminated with noxious wed species shall e permitted t be imported. (Clause 8 (1) of Plant Quarantine Order).
3. List of Quarantine weeds (1 to 61).
Relaxation Order: Power of relaxation of conditions of this order in relation to the import of any consignment lies with the Central Government (Clause 14 (1&2) of Plant Quarantine Order).
Fumigation: Where fumigation or disinfestations or irradiation is required, it is be arranged by importer at his/her own cost through a agency approved by plant Protection Advisor under supervision of an authorized officer. (Clause 3 (17) of Plant Quarantine Order).
Deportation and Destruction: Responsibility of importer to arrange deportation or destruction of the consignment. (Clause 3(18) of Plant Quarantine Order).
Live Insects: Import permit for lie insects, microbial cultures including mushroom to be issued by Plant Protection Adviser (PPA). (Clause 7(1) of Plant Quarantine Order).
Special permit required for the import of soil (Permit of import of soil/peat or sphagnum moss/other rowing media of plant origin).
Special permit required for the import of GMOs for research purpose.
Special permit required for import of live insects and microbial culture including algae/ bio-control agents).
Inspection fees and fumigation fees payable at the point of import.
Timber: Condition for timber import. Clause 9(1(a & b) and 2) of Plant Quarantine Order).
Special condition for import of plant species.
Plant species mentioned in Schedules V and VI shall not be permitted to be imported except subject to such restriction and conditions :
1. Beans-Urd-seeds for consumption-additional declaration-free from brunched and fumigated with methyl bromide and endorsed on Phytosanitary Certificate.
2. Broad Beans-Kala matar or Bakla-seeds for consumption-additional declarations-free from stem and bulb nematode and soybean cyst nematode and fumigated with methyl bromide and endorsed on Phytosanitary Certificate.
3. Citrus species (Lime, orange grapefruit mandarins etc.)Fresh frits for consumptions-country specific additional declarations
4. Chickpea-Gram-seeds for consumption-fumigated with Methy bromide and endorsed on Phytosanitary Certificate.
5. Cow pea-lobia-seeds for consumption-fumigated with MBr ad endorsed on Phytosanitary Certificate.
6. Data palm (dry dates)-consumption-additional declaration-free from Palm kernel borer (Pachymerus laceradae) and fumigated with Methy bromide and endorsed on Phyto Sanitary Certificate.
7. Raisins (dried grapes) - Fumigated with Methyl bromide and fumigated with MBr and endorsed in Phytosanitory Certificate.
8. Pea-seeds for consumtion-3 additional declaration and fumigated with MBr and endorsed in Phytosanitary Certificate.
9. Stone fruits sc as plum, peach, cherry, apricot, almond-fresh fruit for consumption 10 additional declarations.
10. Dry fruits for consumptions-Should be Fumigated wit MBr and endorsed on Phytosanitary Certificate.
11. Timber Logs with bark- (chest, elm, oak, pie)-additional declarations and fumigated. Pine logs with bank r wood prohibited from North America (Canada, USA) Asia (China, Hong Kong, Japan, Korea, Taiwan).
Conditions for Export of Specified goods (Schedule VII)
1. Spices and condiments (1 to 33) permitted on the basis of PSC issued by the exporting country subject to inspections and fumigation if required and as per all other general conditions.
2. Dry fruits (23 to 25 Pistachio, cashew nuts (raw) and figs (dried) permitted on the basis of Phytosanitary Certificate issued by exporting country subject to inspection and fumigation if required and all other general conditions.
3. Medicinal herbs (26 to 50) with above conditions
4. Narcotics and beverages (51 to 55) with above conditions.
5. Timber Logs and timber products (56 to 71) with above conditions.
6. Miscellaneous plant products (72 to 81)% with above conditions.

3. Agriculture Permit-Procedure for Issue

Apply in form Plant Quarantine 1 (Application for permit to import plants/plant products) Demand Draft/ Banker’s cheque/pay order for Rs. 150/-(One Hundred and fifty only) drawn in favour of the respective authority.
The permit is valid for six months from the date of issue and can e revalidated for another six months on request.
Apply to the relevant authority in the Schedule-X Plant Quarantine Order (List of Permit Issued Authorities for Import of Seeds. Plants and products and other Articles).
The import permit is issued in duplicate of which one copy should be forwarded to exporters for getting the Phytosanitary Certificate issued at the country of origin.
The permit is not transferable.
The importer shall clearly specify the Botanical/ Common name of the commodity and type of plant materials intended to be imported at the time of sub-mission of application.
The permit is valid only for the import of commodity from concerned country of origin and for concerned port of entry.
The importer shall intimate immediately to the permit issuing authority any change of address.
Import permits are not issued for landed consignments.

4. Agriculture Permit For Sowing

The Plant Quarantine Order also requires plants, fruits and seeds for sowing to go through quarantine in India and also post entry quarantine checks in areas where the materials is being used for planting, sowing and propagations
The procedure for this is:

Apply in form Plant Quarantine 02 (Application for Permit to Import Plants/ plant Materials for sowing/ Planting/ Propagation).
Recommendation from EXIM Committee of Department of Agriculture and Co-operation required.
Apply to the relevant authority in the Schedule-X Plant Quarantine Order (List of Permit Issuing Authorities for Import of Seeds, Plants and Plant Products and Other Articles).
Attach application fee of Rs.-300/- in favour of the Competent authority.

5. Pytosanitary Certificate

Plant Quarantine system under which agriculture commodities must be accompanied y a Phytosanitary Certificate issued in the country of origin. The goods upon entry into India are subjected to plant quarantine inspection and treatment against a fee. The specific items covered are:

Plants/ planting materials (cutting, sapling, bud wood etc, bulbs, tubers, corns, rhizomes).
Dry fruits, fresh fruits, vegetables, seeds, soil, earth, clay, More details are in Plant Quarantine Import Order 2003.

6. Plant Quarantine Order 2003

The highlights of this are given in the beginning of this section.

7. Annexures of Plant Quarantine Order 2003.

Plant Quarantine Form.1 Application for Permit to Import Plants/ Plant Products for Consumption or Processing.
Plant Quarantine Form. 2 Applications for Permit to Import Plants/ Plant Materials for Sowing/Planting/Propagation.
Plant Quarantine Form.3 Permit for import of Plant/ Plant products for consumption/Processing.
Plant Quarantine Form.4 Permit for Import of Plants/Plants Materials for Sowing/ Planting/ Propagation.
Plant Quarantine Form.5 Orange/Green colour Tag for Perishable Plants/Plant Materials.
Plant Quarantine Form 6 Application for Permit to Import Soil/Peat or Sphagnum Moss or other Growing Media.
Plant Quarantine Form 7 Permit for Import of Soil/Peat or Sphagnum Moss/Other Growing Media of Plant Origin.
Plant Quarantine Form 8 Application for Permit to Import Germplasm/ Transgenics/ Genetically Modified Organisms (GMO’s) for Research Purpose.
Plant Quarantine Form 9 Permit for mport of Germplasm/Transgenics/ Genetically Modified Organism (GMO’s) for Research Purpose.
Plant Quarantine Form 10 Yellow/Green Tag or Label Germplasm which is highly Perishable.
Plant Quarantine Form 11 Red/White Label for Transgenic Lines/ Genetically engineered Microorganism.
Plant Quarantine Form 12 Application for Permit to Import Live Insects/Mites/Nematodes/Microbial Cultures Including Algae/Bio-Control Agents.
Plant Quarantine Form 13 Permit for Import of Live Insects/Mites/Nematodes/ Microbial Cultures Including Algae/Bio-Control Agents.
Plant Quarantine Form 14 Blue/Violet Labels for live Insects/Mites/Nematodes/Microbial Cultures Including Algae/Bio-Control Agents.
Plant Quarantine Form 15 Application for Quarantine Inspection and Clearance of Imported Plants/Plant Products and Others (Cargo).
Plant Quarantine Form 16 Release Order for Import of Plant and Plant Products.
Plant Quarantine Form 17 Deportation/Destruction Order for Import of Plant and Plant Products.
Plant Quarantine Form18 Application for certificate of Approval of Post-Entry Quarantine Facility
Plant Quarantine Form 19 Certificate of Approval of Post Entry Quarantine Facility
Plant Quarantine Form 20 Undertaking to Grow imported Plants in an Approved Post-Entry Quarantine Facility Under the supervision of Inspection Authority.
Plant Quarantine Form 21 Phytosanitary Certificate.
Plant Quarantine Form 22 Model Phytosanitary Certificate for Re-Export.
Schedule-I Points of Entry Import of Plants/Plant Materials and other Articles.
Schedule-II List of Inland Container Depots and Container Freight Station for Import of Plants and Plant Products.
Schedule-III List of foreign Post Officer for Import of Plants and plant Products.
Schedule-IV List of Plants/Planting Materials and Countries from where Import is prohibited along with Justifications.
Schedule-V List of Plants and Plant Materials fro Restricted Import only by Authorized Institution with Additional Declaration and Special Conditions.
Schedule-VI List of Plants/Plant Materials whose Import is permitted only with additional Declarations and Special Conditions.
Schedule-VII List of Plant/Planting Materials, where Imports are Permissible on the Basis of Phytosanitary Certificate, inspection and fumigation.
Schedule-VIII List of Quarantine weed species.
Schedule-IX A-Inspection Fees B-Fumigation/Disinfections/Supervision Charges.
Schedule-X List of Permit Issuing Authorities for Import of Seeds, Plants and Plant Products and other Articles.
Schedules-XI List of Inspection Authorities for Certification of Post Entry Quarantine Facilities and inspection of Growing Plants.
Schedule-XII quantities of Seeds Permitted for Trial Purpose/Accession to gene Bank of National Bureau of Plant Genetic Resources.

Phytosanitary Certificate For Pacing Material Only From! 5 May 2005

Subject: Implementation of provisions of clause (3),

Sub-clause (22) of Plant Quarantine (Regulation of Import into India) Order, 2003
39-CBEC I am directed to Invite your attention to the Board’s letter F. No. 03.06.2004 450/80/2000-Cus.IV, dated 31.5.2004 (copy enclosed) vide which the implementation of sub-clause (22), clause (3) of Plant Quarantine (Regulation of Import into India) Order, 2003 requiring Phytosanitary certificate in respect of Packing arterials of Imported gods was withheld until further orders. The effective date of Provisions of sub-clause (22), clause (3) of plant Quarantine (regulation of Import into India) Order, and 2003 was 1.6.2004.
Now, the Ministry of Agriculture, Department of Agriculture and Cooperation vide notification dated 31.5.2004 issued from F.o.8-128/2004-PPI (copy enclosed) have deleted sub-clause 21 and 22 of clause 3 of the Plant Quarantine (Regulation of Import into India) Order, 2003 with immediate effect. At the same time new sub-clause 20A, prescribing treatment of wood packing materials has been inserted n clause 3 of Plant Quarantine (Regulation of Import into India) Order, 2003. This clause will enter into force on 1st November 2004.
In view of above necessary instruction may kindly be issued to all concerned.
[Please Note: The date is extended to 15 May 2005 by the Government according to latest reports.]

Phytosanitary Requirement for Treatment of Wood Packing Material (F. No. 8-93/2004-PP-I, Dated 14.02.2005).

As you may be aware, wood pacing material used for Packing of export consignment raw wood, which has the potential of unprocessed raw wood, which has the potential of harboring plant pests and diseases which can spread to adversely affect. Wood packaging material is often reused, recycled or remanufactured for reuse Hence, the true origin and Phytosanitary risk status of any wood packaging material is difficult to determine.
The international Plant Protection Convention has therefore adopted treatment measures for wood packing material, which are being adopted by various countries across the globe. The countries of the European Union propose to enforce this same. The treatment standards prescribed by IPPC are contained in International Sanitary and Phytosanitary Measures (ISPM-15). As an be seen, the approved treatments for wood packing materials are:-
(a) Heart treatment of wood packing, which required heating of the timer to a minimum core temperature of 560C fro, a minimum of 30 minutes (HT).
Or
(b) Fumigation, using Methane Bromide (MB) at 480C for 16 hrs. at 210C

ISPM 15 also recommend that wood should e debarked prior to treatment by an approved measure (DB).
Guidelines for certification of Hot-air treatment facilities for today wood packing materials in line with ISPM-15 have already been approved by the website WWW.agricoop.nic.in and WWW.plantquarantinelineindia.org. These guideline envisage accreditation of Plant Protection. Quarantine and Storage, NH-IV, Faridabad. Guidelines for Methane Bromide treatment are being developed which will be published in the above website very shortly. These guidelines also envisage accreditation of fumigators for providing Methane Bromide treatment.
The facilities set up by M/s. Moser Bear India Ltd. have already been approved/accredited by the Directorate. More such treatment facilities need to be created in our country to enable ISPM compliant treatment for wood packaging materials exported to these countries including E.U., Canada etc. already required that the wood packing materials exported to these courtiers needs to be compliant with ISMP-15. Therefore, you are requested to take all necessary steps to ensure that such treatment facilities are developed at various locations in the country. Further, it is requested that wide publicity be given to this issue and exporters may be informed regarding these requirements to enable them to undertake appropriate treatments for the packing materials used for their consignments.

Agriculture Permit System for Plants/Plant Materials/Fruits/Seeds for Consumption

The import of agriculture products is controlled by the Ministry of Agriculture. Essentially, control is exercised by means of the following instrument:

Phytosanitary Certificate: Plant Quarantine system under which agriculture commodities must be accompanied by a Phytosanitary certificate issued in the country of origin. The goods upon entry into India are subjected to plant quarantine inspection and treatment against a fee. The specific items covered are:
(a) Plants/planting material (cutting, sapling, bud wood etc, bubs, tubers, corns, rhizomes)
(b) Dry fruits, fresh fruits vegetables, seeds, soil, earth, clay
Agriculture permit system for plants/plant material/fruits/seeds for consumption. Specific commodities hit are: cereals, pulses, wooden logs, dry and fresh fruits, spices cotton, medicinal plants and all other agricultural commodities meant for consumption.
Agriculture permit system for Plants/plant material/fruit/seeds for planting, sowing and propogation. Phyto-sanitary is derived from Plants, Fruits and seeds(Regulation of Import into India) Order, 1989 as amended.
It may be noted other laws under PFA (Prevention of Food Adulteration) on grounds of health and packaging and marking restrictions will also be attracted.

Garlic Agri Permit – Import of Consignments of Plants & Plant Products

[Ref: F.F. 450/11/2006-Cus.IV dated 25.01.2006 CBEC]

I am directed to invite your attention to Para 18 of the Chapter 9 of CBEC’s Customs manual wherein it is mentioned that ‘the Customer will have to ensure that plant/plant material (primary agricultural products) are granted clearance for home consumption only after necessary permission is granted by the concerned Plant and Quarantine Officer’.
Ministry of Agriculture (Department of Agriculture & cooperation) has informed that the plants and plant products into the country is regulated under the provisions of the plant Quarantine (Regulation of Import into India) Order, 2003 in order to prevent the ingress of exotic pests & diseases that may adversely affect the agriculture. Therefore, the import consignment of plants and plant products have to be inspected by the Plant Quarantine Authorities to be inspected by the Plant Quarantine Authorities to verify absence of infestation of pests & diseases before being cleared for released by Custom. However, there have been instances where Customs Officers have released the import consignment of garlic and other agricultural commodities imported fro China and other countries without reference to the Plant Quarantine Stations. Such action could lead to the inadvertent introduction of dangerous quarantine pests into the country and also result in loss of revenue that would otherwise have been realized/through Plant Quarantine inspection and treatment of the imported consignment. The matter has gained imported since Department of Agriculture & Cooperation as stopped issued any more permits for the import of garlic from China with immediate effect due to repeated interceptions of the Embellisia allii, a fungus that could adversely affect the indigenous production of garlic and garlic group of crops.
In view of above it is re-iterated that release of any import consignment of plants and plant products, including garlic, should not be done without prior clearance of the Plant Quarantine authorities.

Boric Acid for Non-insecticides use only by Import Permit

Sub: Importability of Boric Acid

37-CBEC I a directed to invite your attention to the Board’s Circular
06.09.2005 No. 61/2004-Cus. Dated 28th October 2004 on the above subject. Para 2(ii) of the said circular exempted te importer of Boric acid for identified non-insecticidal use from the requirement of registrations under the Insecticidal Act 1968 on the basis of a certificate of end use issued by the concerned Administrative Ministry/Department of the Government of India.
In this context, Ministry of Agriculture has now clarified that Import of Boric acid for non-insecticidal guidelines with regard to the import of other insecticides for non-insecticidal use viz. on the basis of import permit issued by the Registration Committee on the recommendation of the nodal Department/Ministry. It has been decided that, since Ministry of Agriculture is the Administrative Ministry for regulating the import of Insecticides, it has been decided by the Board that the instructions and guidelines issued by them would be required to be followed by the field formations.
Therefore the Board’s Circular No. 61/2004 dated 28th October, 2005 stands modified to the extent that import to Boric Acid for non insecticidal use may be allowed only o the basis of import permit issued by Central Insecticide Board & Registration Committee (CIB & RC) under Ministry of Agriculture on the Basis of recommendation of the nodal Administrative Ministry. This would be in addition to the requirement of the ministry of agriculture specified in Para 2& 3 of the above circular no. 61/2004 dated 28th October 2004.
Pending assessment if any may e finalized accordingly.