Plant Quarantine Law
法令番号: 法律第86号
公布年月日: 昭和23年7月5日
法令の形式: 法律
I hereby promulgate the Plant Quarantine Law.
Signed:HIROHITO, Seal of the Emperor
This fifth day of the seventh month of the twenty-third year of Showa (July 5, 1948)
Prime Minister ASHIDA Hitoshi
Law No.86
Plant Quarantine Law
Chapter I General Provisions
(Plant Diseases and Injurious Insects)
Article 1. The term "plant diseases" as used herein shall mean fungi. bacteria. virus. and other injurious plants that are injurious to plants, and the term "injurious insects" used herein shall mean insects, ticks, other arthropoda, nematoda, and other insect-like animals that are injurious to plants.
(Export and Import)
Article 2. This Law shall apply to any transfer or removal of plant or other material from Honshu, Hokkaido Shikoku, Kyushu, and their dependent islands (excluding those otherwise specified by Ordinance) to any areas other than those enumerated above, as import or export.
Chapter II Quarantine of Imported Plant
(Resteiction over Import)
Article 3. Plants specified in an ordinance (hereinafter referred to as "designated plants" ) shall not be imported without being accompanied by certificate of inspection issued by proper authorities of an exporting country stating to the effect that the said authorities have acknowledged or believed that the plants are not infected with plant diseases or injurious insects. However, this shall not apply to the case where the import is made from a country with no governmental organ of plant quarantine.
(Prohibition upon Import)
Article 4. In order to prevent plant diseases or injurious insects from invading, no person shall import any of the items specified below (hereinafter referred to as "prohibited articles" ). However, this shall not apply to the case where special permission has been obtained from the Minister of Agriculture and Forestry to use the same for research and experimental purposes:
1. Plants designated by Ordinance which have been shipped from, or have passed through districts designated by Ordinance.
2. Plant diseases or injurious insects.
3. Soil or plant with soil.
(Restriction over Port of Entry)
Article 5. Any person who wishes to import any of designated plants or prohibited articles in accordance with the provisions of Art.3 or of the proviso to the preceding Article shall not import the same at the place other than the ports of entroy of air-fields specified in Art.6 Par.3.
(Inspection of Import)
Article 6. Any person who was imported designated plants or prohibited articles in accordance with the provisions of Art.3 or of the proviso to Art.4, shall without delay submit the same and the packages or packing materials thereof for inspection by the plant quarantine official. However, this shall not apply to the case where inspection by the plant quarantine official was made prior to the import.
2. In case any person who undergoes the inspection specified in the preceding paragraph with respect to his plants and other articles he shall present the inspection certificate specified in Article 3 or permit ssued by the Minister of Agriculture and Forestry as specified in the proviso to Art.4.
3. The inspection pursuant to the first paragraph shall be made at the port, air-field or other places designated by Ordinance.
Article 7. Plant quarantine official may, in case he suspects the presence of plant diseases or injurious insects also inspect imported articles other than those specified in the preceding paragraph.
(Import through Mail)
Article 8. In cese any person wishes to import through mail the articles which must be inspected in accordance with the provisions of Art.6, Par.1, he shall not import the same in any form other than small packet, sample or parcel Post.
2. Any person who has received the mail matter imported in violation of the provisions of the preceding paragraph shall without delay report to that effect to the Animal and plant quarantine Station, submitting such mail matter.
Article 9. Any post office which is to examine the articles to be imported or exported to grant clearance shall, in case it has received any small packet, sample, or parcel post which contains or is suspected of containing the designated plants or prohibited articles, report to that effect to the Animal and plant Quarantine Station without delay.
2. In the case of the preceding paragraph, the plant quarantine official shall conduct the inspection of the small packet, sample, or parcel post specified in the preceding paragraph in the presence of the post office official.
3. In case the plant quarantine official conducts the inspection specified in the preceding paragraph, he may request the recipient of the small packet, sample or parcel post to present the inspection certificate specified in Art.3 or permit issued by the Minister of Agriculture and Forestry as specified in the proviso to Art.4.
(On-the-Spot Inspection)
Article 10. In any ship, vessel, train, airplane, warehouse, or other place carries, stores or possesses or is suspected or carrying, storing or possessing the designated plants, prohibited articles, or other imported articles which are suspected of being infected with plant diseases or injurious insects, plant quarantine official may inspect such designated plants, prohibited articles, or others on board the ship, train or airplane or in such warehouse or other place or examine the persons concerned or inspect the articles possessed by the persons concerned.
(Measures to be Taken on the Basis of Inspection)
Article 11. Plant Quarantine Official may, upon the inspection pursuant to the provisions of this Chapter, sterlize or destroy a plant or other article determined to bave been infected with plant diseases or injurious insects, or prohibit the same from being received, or take other necessary measures.
2. In the case where a plant quarantine official has prohibited the articles from being received or has take, other necessary measures, if any of the owner, custodian or recipient of the inspected articles took measures so that no plant diseases or injurious insects would spread, plant cuarantine official may release the prohibition upon the receipt of such articles or revoke other measures taken.
(Prohibition upon Receipt of Illegally Imported Plant)
Article 12. No person shall receive any article imported in violation of the provisions of Art.3, Art.4, or Art.5, or article which underwent no inspection pursuant to the provisions of Art.6, Par.1.
(Method of Inspection, etc.)
Article 13. The method of inspection, standard of measures to be taken in consequence of the inspection, and other particulars necessary for inspection shall be determined by the Minister of Agriculture and Forestry.
Chapter III Quarantine of Plant to be Exported
(Inspection of Export)
Article 14. Any person who wishes to export (including the sale to the government for export this shall hereinafter apply to any case where the same expression arises) plant which needs certificate of inspection by an exporting country when the government of an importing country imports the same, shall have his plant, package, and packing material thereof inspected by a plant quarantine official.
2. A plant quarantine official may, if he deems it necessary to do so for the purpose of controlling plant diseases or injurious insects, conduct reinspection of articles which have undergone the inspection specified in the preceding paragraph.
3. The provisions of Art.6, Par.3 shall apply with the necessary modifications to the inspection referred to in the first paragraph of this Article.
(Inspection at Cultivating Place)
Article 15, No plant designated by the Minister of Agriculture and Forestry out of those referred to in the first paragraph of the preceding Article may undergo the inspection specified in the preceding Article, unless it has previously passed the inspection by the plant quarantine official at the cultivating place.
2. A plant quarantine official may, if he deems it necessary to do so, enter the land surrounding the cultivating place.
3. A plant quarantine official may, upon the inspection referred to in the first paragraph, indicate particulars deemed necessary for control over plant diseases or injurious insects to the cultivator or the porson who is entrusted with the cultivation of plants.
(Measures Taken Based on Inspection)
Article 16. A plant quarantine official may, upon the inspection pursuant to the provisions, of Art.14, sterilize the plants or any other articles which are deemed as having been infected with plant diseases or injurious, insects, or other. articles which are, from the standpoint of the control over plant diseases or injurious insects, deemed as improper to be used for package or packing material, or may prohibit the same from being exported or take other necessary measures
(Method of Inspection, ete.)
Article 17. The provisions of Art.13 shall apply with the necessary modifications to the inspection pursuant to the provisions of Arts.14 and 15.
Chapter IV Miscellaneous Provisions
(Carrying of Identification Certificate)
Article 18. In case a plant quarantine official executes duties pursuant to this Law, he shall carry identification certificate with him, and he shall show the same to the persons concerned at their request.
(Plant Quarantine Council)
Article 19. Plant quarantine Council (hereinafter referred to as "Council" ) shall be set up in the Ministry of Agriculture and Forestry to answer questions of the Minister of Agriculture and Forestry as well as to make investigation into and deliberation on the following matters:
1. Extent of districts and plants referred to in Art.4, Item 1;
2. Method of inspection referred to in Art.13 (including the case to which the provisions thereof apply with the necessary modifications in Art.17) and the standard of measures to be taken in consequence of the inspection;
3. Other necessary particulars related to the enforcement of this Law,
2. The Council may make a recommendation to the Minister of Agriculture and Forestry concerning the respective Items specified in the preceding paragraph.
3. The Council shall be under the supervision of the Minister of Agriculture and Forestry, and be composed of not more than the members.
4. Members of the Council shall be appointed by the Minister of Agriculture and Forestry from among government or public officials or from among learned and experienced persons.
5. The Council shall have a chairman who is to be elected from among its members by mutual vote.
6. Members of the Council shall be given allowances and travelling expenses within the limits of the amount provided in the budget. However, no allowances shall be given to any member who is also a government or a public official.
7. Besides the provisions prescribed in the foregoing six paragraphs, particulars necessary for the Council shall be provided for by Ordinance.
(Regulations on Uniform)
Article 20. Regulations on uniform of a plant quarantine official shall be provided for by the Minister of Agriculture and Forestry.
Chapter V Penal Provisions
Article 21. Any person who falls under any of the following items shall be liable to a penal servitude not exceeding one year or a fine not exceeding ten thousand yen (\10,000):
1. Violating the provisions of Art.3, Art.4, or Art.5.
2. Acting against the condition attached to the permission pursuant to the provisions of the proviso to Art.4.
Article 22. Any person who falls under any of the following items shall be liable to a penel servitude not exceeding six months or a fine not exceeding five thousand yen (\5,000):
1. Violating the provisions of Art.6, Par.1, or Art.14, Par.1;
2. Committing an illegal act during the course of inspection pursuant to the provisions of Art.6, Par.1. or Art.14, Par.1;
3 Violating the provisions of Art.12.
Article 23. Any person who falls under any of the following items shall be liable to a fine not exceeding five thousand yen (\5,000):
1. Refusing, obstructing or evading the inspection pursuant to the provisions of Art.7, Art.10, or Art.14, Par.2;
2. Violating the provisions of Art.8, Par.2;
3. Refusing to answer or making a false answer to the question of the authorities mentioned in Art.10;
4. Acting against the prohibition or other measures pursuant to the provisions of Art.11, Par.1, or Art.16;
5. Refusing or obstructing the entrance pursuant to the provisions of Art.15, Par.2.
Article 24. In case where any representative of a juridical person or any deputy, employee, or any other worker of a juridical person or of a person violates any provisions prescribed in Art.21, Art.22, or Art.23, Item 2 or 4 in connection with the business of the said juridical person or person, the fine as provided for in the respective Articles shall be imposed upon the said juridical person or person, adding to the punishment imposed upon the actual offender.
Supplementary Provisions:
Article 25. The enforcement date of this Law shall be determined by Cabinet Order within the period not exceeding three months after the day of its promulgation. However, the provisions of Art.19 shall come into force as from the day of its promulgation.
Article 26. Irrespective of the provisions of Art.3, any of the designated plants may be imported without the inspection certificate referred to in the same Article within six months from the day of the enforcement of the present Law.
Article 27. The Plant Quarantine Law (Law No.11 of 1914) shall be repealed. However, the former penal provisions shall also apply to the unlawful acts committed before the repeal of the same Law.
Minister of Agriculture and Forestry NAGAE Kazuo
Pime Minister ASHIDA Hitoshi