CHAPTER I General Provisions

(Purpose of this Law) Article 1. This Law has for its objectives the control of injurious plants and animals. These objectives are to be attained through domestic and foreign quarantines and by preventing the establishment and/or spread, of certain injurious animals or plants, thus to contribute to the stabilization and productive development of agriculture.

(Definitions) Article 2. "Plants" as used in this Law shall mean flowering plants, ferns, mosses and liverworts (including plant parts, seeds, fruits and processed goods such as "mushiro" and "komo" ) exclusive of injurious plants specified in next paragraph. 2 "Injurious plants" as used in this Law shall mean fungi, slime fungi, bacteria, viruses, and other saprophytic or parasitic plants, or other plants which are directly or indirectly injurious to economic plants. 3 "Injurious animals" as used in this Law shall mean insects, mites, other arthropoda, nematoda, and other invertebrate animals, and certain vertebrate animals which are proven to be harmful to economic plants.

(Plant Quarantine Official and Inspector) Article 3. Plant Quarantine Official shall be appointed in the Ministry of Agriculture and Forestry to carry out the purposes of this Law. 2 Temporary plant quarantine inspector may be appointed in the Ministry of Agriculture and Forestry to assist the business of quarantine, prevention and control to be carried out by the Plant Quarantine Official in accordance with the provisions of Chapter III or IV. 3 Temporary plant quarantine inspector shall be a part time employee.

(Authority of Plant Quarantine Official) Article 4. Plant Quarantine Official may, if he deems that there are plants, packing materials or containers thereof feared of being infested with injurious animals or plants, enter land, storage place, warehouse, business office, ship, train or airplane and inspect the plants concerned, packing materials or containers thereof, or ask question of person concerned, or collect without compensation a necessary minimum amount of sample of plants concerned, packing materials or containers thereof, etc. for inspection. 2 Plant Quarantine Official may, in case he deems that there is an infestation of injurious animals or plants, as a result of inspection under the provision of the preceding paragraph, and when it is necessary to prevent or control the same or prevent the spread thereof, order any person in possession of or managing the plants concerned, packing materials or containers thereof, enter land, storage place, warehouse, business office, ship, train or airplane, to disinfect the same. 3 In the case of the preceding paragraph, the provision of Article 20 paragraph 1 shall apply with necessary modifications. 4 Inspection by entering the premises, questioning and collection of samply under the provision of paragraph 1 shall not be construed as being for a criminal investigation.

(Carrying of Identification Card and Uniform) Article 5. Plant Quarantine Official and Plant Quarantine Inspector shall carry in person their identification cards indicating their official status in carrying out their duties in accordance with this Law. This identification shall be shown to persons concerned when Plant Quarantine Official or Inspector exercises his authority under the provision of paragraph 1 of the preceding Article, or when requested by the persons concerned. 2 Uniform of Plant Quarantine Officials shall be determined by Minister of Agriculture and Forestry.

CHAPTER II International Plant Quarantine

(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.

CHAPTER III Domestic Plant Quarantine

(Domestic Plant Quarantine) Article 12. It shall be the duty of the Minister of Agriculture and Forestry to establish a quarantine service in accordance with this Chapter to prevent the continual spread of injurious indigenous plants and animals, to prevent the rapid distribution of any newly introduced injurious plants and animals in order to insure a high quality of stock for propagation purposes.

(Inspection) Article 13. Any person who produces (hereinafter referred to as "plant grower" ) plants designated by the Minister of Agriculture and Forestry for propagation (hereinafter referred to as "designated plant" ) shall receive the inspection by Plant Quarantine Official each year on his designated plants at his cultivating field during the cultivation. 2 If the field inspection under the preceding paragraph is not considered to be adequate for control of the spread of injurious plants and animals, Plant Quarantine Official may make an additional inspection of designated plant before cultivation or after the harvest thereof. 3 It shall be the duty of Plant Quarantine Official, in case he deems that designated plants are free of injurious plants and animals designated by the Minister of Agriculture and Forestry as a result of inspection under the provision of paragraph 1 or preceding paragraph, to issue a certificate of inspection to the plant growers concerned. 4 No designated plant shall be sold, or consigned for sale, or transferred from any area of To, Do, Fu or prefecture in which the cultivation field thereof is located to another unless attached with the inspection certificate specified in the preceding paragraph or a true copy thereof or a tag identifying the inspection certificate issued by the Plant Quarantine Official. 5 If injurious plants or animals under paragraph 3 are found as the result of inspection under the provision of paragraph 1 or 2, the inspection shall be withheld and instruction shall be given to the grower verbally or in writing by reference to authority by the Plant Quarantine Official, as to the control of injurious plants and animals. 6 Plant grower who has received instruction under the preceding paragraph, in case he has carried out the necessary prevention and control measures in accordance with the said instruction, may apply for the continuation of the inspection under the provision of paragraph 1 or 2 to the Plant Quarantine Official. 7 The provision of Article 7 paragraph 4 shall apply with necessary modifications to the designation under the provision of paragraph 1.

(Disposition by Destruction) Article 14. Plant Quarantine Official may order any person in possession of the designated plant transferred, consigned for transfer, or carried out of prefecture in violation of the provision of paragraph 4 of the preceding Article, to destroy the same or may supervise the destruction thereof.

(Collection of Fees and Authorizing Provision) Article 15. The Minister of Agriculture and Forestry may collect a fee determined by the Ministerial Ordinance but not to exceed the cost of administration from person who is to receive inspection under the provision of Article 13 paragraph 1. 2 Provisions of Article 11 shall apply with necessary modifications to domestic plant quarantine.

(Exception to Application) Article 16. Provisions of the preceding four Articles shall not apply to the designated plants as specified below: (1) Designated plant grown in the district designated by the Minister of Agriculture and Forestry; (2) Designated plant, grower of which is the State or To, Do, Fu or prefecture where the officials at the growing site are capable of inspections; (3) Designated plant grown by an individual for propagation on his own property, in the area of the same To, Do, Fu or prefecture.

CHAPTER IV Emergency Control

(Control) Article 17. It shall be the duty of the Minister of Agriculture and Forestry if it is necessary to eliminate or to retard the spread of the injurious animals or plants in case it is feared that the spread of injurious animals or plants which are either newly introduced or indigenous and established might cause a great damage to economic plants or that export of economic plants is jeopardized by such injurious animals or plants, to eliminate or to retard the spread of the same. However, this emergency control shall not apply to the control program on forest lands specially provided for in other laws. 2 To enforce the control under the provision of the preceding paragraph, the Minister of Agriculture and Forestry shall, not less than thirty days prior to such date, issue a Ministerial Notification concerning the following informations: (1) The area and period involved in the quarantine or control; (2) Kind of injurious plants or animals involved; (3) Plan of procedures to be followed; (4) Other necessary pertinent matters.

(Procedures on Control) Article 18. The Minister of Agriculture and Forestry may, in order to enforce the control under paragraph 1 of the preceding Article, within a necessary limit, issue the order as enumerated in each of the following items: (1) To order the plant grower to restrict, or prohibit the cultivation of the plant infested, or feared of being infested, with the injurious plants or animals; (2) To order to restrict or prohibit the transfer, or transportation of plants, packing materials or containers thereof infested or feared of being infested with the injurious plants or animals; (3) To order any person who owns or manages any plants, packing materials or containers thereof infested or feard of being infested with the injurious plants and animals to disinfect, destroy, or remove the same; (4) To order any person who owns or manages agricultural tools and implements, transporting facilities or storage installations infested or feared of being infested with injurious animals or plants, to take the measures of disinfection, etc. thereof. 2 In case there is no sufficient time to enforce an emergency control under paragraph 1 of the preceding Article in accordance with the provision of paragraph 2 of the same Article, the Minister of Agriculture and Forestry may, within a necessary limit, issue an order under item (3) of the preceding paragraph without issuing a Ministerial Notification under the provision of paragraph 2 of the same Article, or cause the Plant Quarantine Official to disinfect, remove or destroy the plants, packing materials or containers thereof infested or feared of being infested with injurious animals or plants.

(Cooperation) Article 19. The Minister of Agriculture and Forestry may, in case it is necessary to enforce an emergency control under Article 17 paragraph 1, request local autonomy body, association of farmers or commercial control dealers to assist in the control. 2 In the case of the preceding paragraph, written request for cooperation shall be issued. 3 In case cooperation has been rendered in accordance with the provision of paragraph 1, the State shall reimburse expense therefor.

(Indemnity against Loss) Article 20. The State shall reimburse any person who has substained a loss to be incurred ordinarily due to any action under Article 18. 2 Any person who intends to receive indemnity under the provision of the preceding paragraph shall submit an application therefor stating thereon the estimated amount of indemnity to be received. 3 It shall be the duty of the Minister of Agriculture and Forestry, upon the receipt of the application specified in the preceding paragraph, to render a decision, without delay, on the amount of indemnity to be reimbursed and to notify the same to the said applicant. 4 The Minister of Agriculture and Forestry shall appoint a committee of three disinterested local persons, which must include at least one producer, to serve as an appraisal committee to determine losses, and the Minister of Agriculture and Forestry shall hear the opinion of the appraisers. 5 The measure including indemnity under the provision of paragraph 1 shall be taken so that the total amount of the said indemnity shall not exceed the budget approved by the Diet.

(Duty on Reporting) Article 21. It shall be the duty of any governor of To, Do, Fu or prefecture to report to the Minister of Agriculture and Forestry, in case any newly introduced injurious plants or animals or rapidly spread of injurious plants or animals found in certain part of the country are deemed to cause great damage to economic plants.

CHAPTER V Quarantine by To, Do, Fu or Prefecture

(Quarantine by To, Do, Fu or Prefecture) Article 22. To, Do, Fu or prefecture may, in case the spread of injurious animals or plants is feared to cause great damage to economical plants and if it deems it necessary to prevent and control injurious animals or plants or prevent the spread thereof, enforce the quarantine of plants, etc. or take necessary measures to prevent or control the same. 2 In the case of preceding paragraph, it shall be borne in mind not to jeopardize the legal flow of plants and others matters produced in other To, Do, Fu or prefecture.

CHAPTER VI Appeal Provision

(Appeal) Article 23. Any person specified below who is dissatisfied with any actions concerned may lodge a complaint against the Minister of Agriculture and Forestry within two weeks from the day on which the action was taken: (1) Any person who has received the order under the provisions of Article 4 paragraph 2; (2) Any person whose plants, packing materials or containers thereof have not passed the inspection under the provisions of Article 10 paragraph 1 or 3; (3) Any person whose designated plants have not passed the inspection under the provisions of Article 13 paragraph 6; (4) Any person who has received the order under the provisions of Article 18; (5) Any person who has received a decision on the amount of compensation against the loss under the provisions of Article 20 paragraph 3. 2 The Minister of Agriculture and Forestry shall, upon receipt of the complaint under the provision of the preceding paragraph, without delay, hold a public hearing by informing, in advance, person concerned of the date and place thereof and shall render a decision on the said complaint after offering him or his representative an opportunity to present his evidence and opinion.

CHAPTER VII Penal Provisions

Article 24. Any person falling under any one of the following items shall be liable to a penal servitude not exceeding three years or a fine not exceeding \50,000: (1) Person who has violated the provision of Article 6 paragraph 1 or 2, Article 7 paragraph 1, or Article 13 paragraph 4; (2) Person who has violated the conditions of permit under the provisions of Article 7 paragraph 3; (3) Person who has not received the inspection under the provision of Article 8 paragraph 1 or committed any illegal act in receiving the said inspection; (4) Person who has violated any orders under the provision of Article 18 paragraph 1.

Article 25. Any person falling under any one of the following items shall be liable to a penal servitude not exceeding one year or a fine not exceeding \30,000: (1) Person who has not received the inspection under the provision of Article 8 paragraph 6, or committed any illegal act in receiving the said inspection; (2) Person who has violated the order under provision of Article 8 paragraph 7; (3) Person who has violated the order under the provision of Article 9 paragraph 1 or 2, or refused, obstructed or evaded any action to be taken in accordance with the provisions of paragraph 1, 2 or 3 of the same Article; (4) Person who has violated the provision of Article 10 paragraph 1, or committed any illegal act in receiving the inspection under the same paragraph of the same Article; (5) Person who has violated the order under the provision of Article 18 paragraph 2, or refused, obstructed or evaded any action to be taken in accordance with the provision of the same paragraph of the same Article.

Article 26. Any person falling under any one of the following items shall be liable to a fine not exceeding \10,000: (1) Person who has refused, obstructed or evaded the inspection under the provision of Article 4 paragraph 1;or offered false information in answering questions under the provision of the same paragraph of the same Article; (2) Person who has violated the order under the provision of Article 4 paragraph 2; (3) Person who has violated the provision of Article 6 paragraph 4; (4) Person who has refused, obstructed or evaded the reinspection under the provision of Article 10 paragraph 4; (5) Person who has violated the provisions of Article 14, or refused, obstructed or evaded any action to be taken in accordance with the provisions of the same Article.

(Double Penalty Provisions) Article 27. In cases where any representative of a juridical person, or proxy, employee, or other worker of a juridical person or of a natural person commits the violation under the provision of preceeding three Articles for the business of the juridical person or the natural person, not only shall the offender be punished, but the juridical person or the natural person concerned shall be liable to a fine under each Article in the Penal Provisions. However, this shall not apply to a juridical or natural person, if it is proved that due care and supervision has been exercised over the business in order to prevent the aforesaid violation committed by his proxy, employee or the other worker.