(Limitation on Import)
Article 6. Plants, packing materials or containers thereof, to be imported into Japan, liable to carry injurious animals or plants, shall have a certificate of inspection, issued by the proper authority of the exporting country, attached thereto, The certificate must be an original or certified copy, stating that the material has been inspected and found to be, or believed to be free of injurious plants and animals. This shall not apply to countries having no governmental organization for plant quarantine, but the plants from such country shall undergo a careful inspection in accordance with the provisions of this Chapter.
2 Plants or prohibited articles as specified in paragraph 1 of the following Article with the exception of import to be made by mail shall not be imported at any place other than port of entry or air-field designated by the Ministerial Ordinance.
3 Plants and prohibited articles as specified in paragraph 1 of the following Article shall not be imported as mail other than small packet, commercial sample or postal parcel.
4 Any person who has received plants or prohibited articles as specified in paragraph 1 of the following Article as mail other than small packet, commercial sample or postal parcel shall report the same together with the goods concerned, without delay, to the Animal and Plant Quarantine Station.
(Prohibition on Import)
Article 7. No person shall import any article as specified in each of the following items (hereinafter referred to as "prohibited article" );provided, however, that the same shall not apply to the case where permit'has been obtained from the Minister of Agriculture and Forestry to use the same for experimental and research purpose:
(1) Plants designated by the Ministerial Ordinance, which have been shipped from or passed through the district designated by the Ministerial Ordinance;
(2) Injurious animals or plants;
(3) Soil or plants with soil;
(4) Packing materials or containers of the articles specified in each of the preceding items.
2 In case the permit under the proviso to the preceding paragraph has been obtained, import shall be made being attached with a copy of the permit under the same paragraph.
3 To the permit under the proviso to paragraph 1, a condition with respect to the method of import and of management after import and other necessary condition may be attached.
4 It shall be the duty of the Minister of Agriculture and Forestry, in case he establishes the Ministerial Ordinance specified in paragraph 1 item (1), to hold a public hearing in advance and hear the opinions of interested persons and persons of knowledge and experience.
(Inspection of Imported Plant, etc.)
Article 8. Any person who has imported plants or prohibited articles shall, without delay, report the same to the Animal and Plant Quarantine Station and shall have the inspection made by the Plant Quarantine Official in its original condition. The inspection shall be made of the plants, packing materials or containers thereof to determine whether or not the provisions of Article 6 paragraph 1 are complied with and, whether or not the same are prohibited article or are infested with injurious animals or plants (excluding injurious animals and plants designated by the Minister of Agriculture and Forestry. The same shall apply to this and following Articles);provided, however, that the same shall not apply to the case where the inspection under the provision of paragraph 3 has been made by Plant Quarantine Official and where the import has been made by mail.
2 Plant Quarantine Official shall designate a place to make the inspection under the preceding paragraph within the port of entry or airfield under Article 6 paragraph 2.
3 Plant Quarantine Official may, in case he deems it necessary, make an inspection of the plants, packing materials or containers thereof on board the ship or airplane prior to the import.
4 It shall be the duty of any post-office engaged in custom clearance, upon the receipt of small packet, commercial sample or postal parcel containing or being suspected of containing plants or prohibited articles, to report the same, without delay, to the Animal and Plant Quarantine Station.
5 It shall be the duty of Plant Quarantine Official, upon the receipt of the report under the preceding paragraph, to inspect a small packet, commercial sample or postal parcel under the preceding paragraph. Plant Quarantine Official may, in case it is necessary for the inspection, open the mail concerned in the presence of post-office official.
6 Any person who has received a small packet, commercial sample or postal parcel containing plants which have not undergone the inspection under the preceding paragraph, shall report the same together with the mail matter concerned, without delay, to the Animal and Plant Quarantine Station for the inspection to be made by the Plant Quarantine Official.
7 Plant Quarantine Official may enforce an isolated cultivation of the seeds and seedlings designated by the Minister of Agriculture and Forestry in accordance with the Ministerial Ordinance, if he deems it necessary to further determine whether or not the same are infested with injurious animals and plants, as a result of the inspection under the provision of paragraph 1, 3, 5 or preceding paragraph. The owner of the plants concerned may be required to cultivate plants in isolation and the inspection be made at the said cultivated field. Isolated cultivation may be made by Plant Quarantine Office, if it is deemed desirable.
(Disposition by Disinfection and Destruction, etc.)
Article 9. It shall be the duty of Plant Quarantine Official, in case plants, packing materials or containers thereof are found to be infested with injurious animals or plants as a result of inspection under the preceding Article, to disinfect, or destroy the plants, packing materials or containers thereof or order the owner or manager thereof to disinfect or destroy the same in his presence.
2 Plant Quarantine Official may destroy a plant and packing materials or containers thereof imported in violation of the provisions of Article 6, Article 8 paragraph 1 or 6 or order any person possessing the same the destruction of the same in his presence. The same shall apply to the plants in violation of the order under the provision of Article 8 paragraph 7.
3 It shall be the duty of Plant Quarantine Offical to destroy prohibited article imported in violation of the provisions of Article 7.
4 It shall be the duty of Plant Quarantine Offical, in case he deems, as a result of inspection under the provision of the preceding Article, that the plants, packing materials or containers thereof are complied with the provisions of Article 6 paragraph 1, and that the same are not prohibited articles and are not infested with injurious animals or plants to issue a certificate certifying the passage of inspection.
(Inspection of Plants for Export)
Article 10. Any person who intends to export plants, packing materials or containers thereof to any country requiring a certificate of inspection thereof by the exporting country shall have his plants, packing materials or containers thereof inspected and conformed to the requirements of country to which it is anticipated to export the said materials and shall not export the same unless the inspection has been passed.
2 Inspection under the preceding paragraph shall be made at Animal and Plant Quarantine Station; provided that, it may be made at the location of the items to be inspected according to the judgement of the Plant Quarantine Official.
3 Plants required by the importing country to be inspected at the place of cultivation, or other plants designated by the Ministerial Ordinance shall be inspected at the place of cultivation, and unless this inspection has been passed, the items shall not be presented for the inspection under paragraph 1.
4 Plants and other materials for export may be reinspected if it is deemed necessary for the purpose of delivering clean stock to the importing country.
(Delegating Authority)
Article 11. Procedures and method of inspection and standard for action to be taken due to the result of inspection other than those providedf or in this Chapter shall be determined and made public by the Minister of Agriculture and Forestry.
2 In the case of the preceding paragraph, the provision of Article 7 paragraph 4 shall apply with necessary modifications.