PLANT PROTECTION

CHAPTER 64:01
PLANT PROTECTION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
PRINCIPLES OF PLANT PROTECTION

    3.    Principles of plant protection and phytosanitary control

PART III
ADMINISTRATION

    4.    The Plant Protection Unit

    5.    Plant health inspectors

    6.    Powers of plant health inspectors

    7.    Duties of plant health inspectors

    8.    Responsibilities and obligations of persons in relation to plant protection

PART IV
IMPORT AND EXPORT

    9.    Importation

    10.    Declaration of arrival of plants and plant products for inspection

    11.    Inspection

    12.    Import clearance

    13.    Notification of interceptions

    14.    Import procedures

    15.    Consignment for re-export

    16.    Consignment in transit

    17.    Export

PART V
PEST CONTROL

    18.    Quarantine objects under phytosanitary control

    19.    Declaration of quarantine pests

    20.    Declaration of quarantine in an area

    21.    Restrictions and phytosanitary measures applied in the quarantine declared areas

    22.    Declaration of areas of low pest prevalence

    23.    Declaration of pest free areas

    24.    Compensation

    25.    Sale by nurserymen of plants infested with an injurious organism

    26.    Appeals

PART VI
MISCELLANEOUS

    27.    Limitation of actions against Government

    28.    Offences and penalties

    29.    Regulations

    30.    Repeal and savings

19 of 2018
G.N. 67/2020

    An Act to provide for the protection of plants, the establishment of the Plant Protection Unit; for the eradication of pests and diseases destructive to plants; for the prevention of the introduction and spread of pests and diseases destructive to plants and plant products; for the promotion of appropriate measures for their control; for the repeal of the Plant Protection Act (Cap. 64:01); and for matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Plant Protection Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “area of low pest prevalence” means an area within Malawi, as identified by the Unit in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures;

    “board of inquiry” means a board of inquiry appointed for the purposes of appeals under section 26;

    “consignment” means a quantity of plant material or other regulated articles being moved within, or and from Malawi, and covered when required, by a single phytosanitary certificate;

    “container” means any box, bag, case, package, pot, sack or other receptacle in which plant material or other regulated articles have been or are being transported, and includes any covering, wrapping or packing material;

    “conveyance” means any vessel, aircraft, train, vehicle, cart, container, animal or any other thing that can convey plants, plant products, pest, soil or other regulated articles from one place to another;

    “disease” means malfunctioning of the physiological and morphological characteristics of a plant, transmissible or believed to be transmissible by a causal agent or by the propagation of an infected plant;

    “endangered area” means an area where ecological factors favor the establishment of a pest whose presence in the area will result in economically important loss;

    “FAO” means the Food and Agricultural Organization;

    “growing medium” means an element, including soil, capable of being used for the propagation or culture of plants;

    “harmful organisms” means any species, strain or biotype belonging to the animal kingdom or plant kingdom or pathogenic, infectious agent—

    (a)    inimical to the growth or existence of living plants;

    (b)    injurious to plants or plant products; or

    (c)    capable of producing a disease;

    “host plant” means a plant that supplies food resources and substrate for a pest;

    “import permit” means an official document authorizing importation of a plant, plant product or regulated article;

    “importation” means the introduction of plants, plant products or any regulated articles into Malawi, however acquired, and for whatever purposes;

    “infested area” means any area or place in which a pest exists;

    “inspection” means the examination of any aspect in relation to plant health in order to verify that such aspect complies with the plant protection requirements under this Act;

    “interception” means the refusal or controlled entry of an imported consignment due to failure to comply with phytosanitary rules;

    “international standards” means standards developed under the IPPC and FAO;

    “introduction” means the entry of a pest resulting in its establishment;

    “invertebrate” means a living animal species without a backbone in whatever stage of development it may be;

    “IPPC” means the International Plant Protection Convention;

    “nursery” means land or premises where nursery stock is grown or cultivated;

    “nurseryman” means the owner or other person responsible for the management of a nursery;

    “nursery stock” means woody perennial plants grown…