Law for Partial Amendments to the Plant Quarantine Law
法令番号: 法律第243号
公布年月日: 昭和26年6月19日
法令の形式: 法律
I hereby promulgate the Law for Partial Amendments to the Plant Quarantine Law.
Signed:HIROHITO, Seal of the Emperor
This nineteenth day of the sixth month of the twenty-sixth year of Showa (June 19, 1951)
Prime Minister YOSHIDA Shigeru
Law No.243
Law for Partial Amendments to the Plant Quarantine Law
The Plant Quarantine Law (Law No.151 of 1950) shall be partially amended as follows:
In the Contents,
"Chapter V Quarantine by To, Do, Fu or Prefecture(Article 22)
Chapter VI Appeal Provision(Article 23)
Chapter VII Penal Provisions(Articles 24-27)"
shall be amended as
"Chapter V Control of Designated Injurious Animals or Plants(Articles 22-28)
Chapter VI Quarantine by To, Do, Fu or Prefecture(Articles 29-35)
Chapter VII Miscellaneous Provisions(Articles 36-38)
Chapter VIII Penal Provisions(Articles 39-42)
".
In Article 6, Article 8 and Article 10, "Animal and Plant Quarantine Station" shall be amended as "Ministry of Agriculture and Forestry Quarantine Station" .
The following one item shall be added to Article 23 paragraph 1:
(6) Any person who has received the order under the provision of Article 26 paragraph 2.
Chapter VII shall be made Chapter VIII.
Article 24 shall be made Article 39, and the following one item shall be added to Article 25, and the same Article shall be made Article 40, and the numerical order of the following Articles shall be moved down by 15:
(6) Person who has violated the provision of Article 28.
In Chapter VI, Article 23 shall be made Article 36, and the following two Articles shall be added next to the same Article:
(Collection of Reports)
Article 37. Except for the case otherwise provided for by this Law, the Minister of Agriculture and Forestry may, if it is necessary to do so for control, request local public bodies, farmers or associations composed thereof for necessary reports.
(Delegation of Authority)
Article 38. Matters coming under the authority of the Minister of Agriculture and Forestry in accordance with the provisions of Articles 25 and 26 (including the portion relating to Article 26 under the provision of Article 36) and the provision of the preceding Article may be delegated to the governor of To, Do, Fu or prefecture, as provided for by Cabinet Order.
"Chapter VI Appeal Provision" shall be amended as "Chapter VII Miscellaneous Provisioas" .
In Chapter V, Article 22 shall be made Article 29, and the following six Articles shall be added next to the same Article, and the same Chapter shall be made Chapter VI:
(Recommendation concerning Control)
Article 30. In case it is feared, owing to no conduct of the control of animals or plants injurious to agricultural crops (hereinafter referred to as "control" ) or to inappropriate method of control in the sphere of To, Do, Fu or prefecture that the damage may spread to the sphere of another To, Do, Fu or prefecture, the Minister of Agriculture and Forestry may recommend the To, Do, Fu or prefecture concerned to take necessary measures for control.
(Forecast of the Outburst by To, Do, Fu or Prefecture)
Article 31. To, Do, Fu or prefecture shall conduct the forecast of the outburst of injurious animals or plants other than designated injurious animals or plants.
2 The governor of To, Do, Fu or prefecture shall report timely to the Minister of Agriculture and Forestry on the substance and result of the forecast of the outburst under the preceding paragraph.
3 The Minister of Agriculture and Forestry may issue a necessary instruction to the governor of To, Do, Fu or prefecture in order to make an overall adjustment of the forecast of the outburst of To, Do, Fu or prefecture.
4 The Minister of Agriculture and Forestry shall, if he deems it necessary to do so, cause the employees of the Ministry of Agriculture and Forestry to cooperate with the forecast of the outburst by To, Do, Fu or prefecture.
(Plant Disease and Pest Control Station)
Article 32. The Plant Disease and Pest Control Station shall be established by To, Do, Fu or prefecture in order to contribute to the quarantine and control of the plants in the localities.
2 The location, name and district of jurisdiction of the Plant Disease and Pest Control Station shall be set forth by by-law.
3 To, Do, Fu or prefecture shall, in case it intends to establish the Plant Disease and Pest Control Station, obtain the approval therefor from the Minister of Agriculture and Forestry.
4 The Plant Disease and Pest Control Station shall take charge of the following business in order to accomplish the purposes under the provision of paragraph 1:
(1) Quarantine of plants;
(2) Setting forth a plan concerning control;
(3) Guidance in and cooperation with control to be conducted by city, town or village, farmers or association composed thereof;
(4) Forecast of the outburst;
(5) Custody of chemicals and machineries necessary for control, and repair of machineries necessary for control;
(6) Other necessary matters relevant to control.
5 The Minister of Agriculture and Forestry may, in case he deems it necessary to do so from the standpoint of control, order the governor of To, Do, Fu or prefecture to enforce necessary matters relating to the operation of the Plant Disease and Pest Control Station or request necessary reports therefrom.
6 Any plant disease and pest control station, which is not authorized under this Law, shall not use the words "the Plant Disease and Pest Control Station" in its title or any other words similar thereto.
7 The Government may, within the limits of the budgetary appropriation, defray subsidies to To, Do, Fu or prefecture, which is one half of the expenses for the establishment of the station, inaugural procurement and personnels among various expenses necessary for the Plant Disease and Pest Control Station.
(Plant Disease and Pest Control Agent)
Article 33. To, Do, Fu or prefecture shall, in case it deems it necessary to do so from the standpoint of control, have part-time plant disease and pest control agents in each area provided for by by-law in order to cause them to engage in the forecast of the outburst and other business concerning control.
2 The provision of paragraph 3 of the preceding Article shall apply with the necessary modifications to the case of the preceding paragraph.
(Provision, Upkeep and Adjustment of Chemicals and Machineries Necessary for Control)
Article 34. To, Do, Fu or prefecture shall provide, upkeep and adjust chemicals and machineries necessary for control in the Plant Disease and Pest Control Station, and machineries necessary for control in each area specified by by-law, in order to supply the above chemicals and machineries to city, town or village, farmers or association composed thereof to engage in control business.
2 The provision of Article 32 paragraph 3 shall apply with the necessary modifications to the case of preceding paragraph.
(Supervision and Subsidies)
Article 35. The Minister of Agriculture and Forestry may, in case he deems it necessary to do so from the standpoint of control, order the governor of To, Do, Fu or prefecture to enforce necessary matters relating to the plant disease and pest control agents, chemicals or machineries to be provided, upkept and adjusted in accordance with paragraph 1 of the preceding Article or request necessary reports therefrom.
2 The Government may, within the limits of the budgetary appropriation, defray subsidies to To, Do, Fu or prefecture, which is one half of expenses for plant disease and pest control agents under the provision of Article 33 paragraph 1 or other employees of To, Do, Fu or prefecture engaging in the forecast of the outburst (excluding the employees of the Plant Disease and Pest Control Station), and for provision, upkeep and adjustment of chemicals and machineries in accordance with the provision of paragraph 1 of the preceding Article.
The following one Chapter shall be added next to Article 21:
CHAPTER V Control of Designated Injurious Animals or Plants
(Designated Injurious Animals or Plants and Forecast of the Outburst)
Article 22. "Designated injurious animals or plants" as used in this and next Capters shall mean injurious animals or plants designated by the Minister of Agriculture and Forestry, deemed by him as necessary to take special measure in the control thereof due to the tendency that the same, being in wide distribution within the country and through the rapid spread thereof, will cause a great damage to agricultural crops.
2 "Forecast of the outburst" as used in this and next Chapters shall mean forecast of the damage caused by animals or plants injurious to agricultural crops by investigating the conditions of propagation of the injurious animals or plants, weather, growth of agricultural crops, etc. in order to make the control of injurious animals or plants timely and economic.
(Forecast of the Outburst by the National Government)
Article 23. The Minister of Agriculture and Forestry shall conduct the forecast of the outburst of designated injurious animals or plants.
2 The governor of To, Do, Fu or prefecture shall cooperate with the forecast of the outburst under the preceding paragraph, in accordance with the plan set forth by the Minister of Agriculture and Forestry with the approval therefor from To, Do, Fu or prefecture.
3 The Government shall bear the expenses necessary for To, Do, Fu or prefecture to cooperate in accordance with the provision of the preceding paragraph (excluding the expenses necessary for the employees).
4 The Minister of Agriculture and Forestry shall set forth the plan under paragraph 2 in such a way as the total amount of expenses to be borne by the Government in accordance with the provision of the preceding paragraph shall not exceed the amount of budget appropriated by the Diet.
(Control Plan)
Article 24. The Minister of Agriculture and Forestry shall, in case he deems it necessary due to the data obtained through the conduct of the forecast of the outburst under paragraph 1 of the preceding Article or in view of other conditions, establish a salient gist of the plan to be the basis for control of designated injurious animals or plants to be conducted by local public body, farmers or any association composed thereof (hereinafter referred to as "control plan" ) and instruct the governor of To, Do, Fu or prefecture of the salient gist.
2 The governor of To, Do, Fu or prefecture shall, in case he has received the instruction under the preceding paragraph, establish, on the basis of the salient gist under the same paragraph, a control plan with respect to To, Do, Fu or prefecture concerned without delay.
3 In the control plan under the preceding paragraph, district and period to conduct the control, kinds of injurious animals or plants, procedure for control and other necessary matters shall be set forth.
4 The governor of To, Do, Fu or prefecture shall, in case he establishes or changes the control plan under paragraph 2, report, without delay, to the Minister of Agriculture and Forestry and obtain the approval therefor from him. However, in case the enforcement of the said control plan requires exigency, the report is enough for the purpose.
5 The governor of To, Do, Fu or prefecture shall, upon obtaining the approval under the preceding paragraph or upon reporting under the proviso to the same paragraph, make, without delay, a public notification of the control plan with respect to the said approval or report.
(Subsidy for Chemicals and Machineries for Control Use)
Article 25. The Government may grant a subsidy to local public body, farmers or any association composed thereof who conducted control based upon the control plan with respect to the public notification under paragraph 5 of the preceding Article within the limit of 1/2 of the expense needed for the purchase of the chemicals necessary for the control (including any matter which can be used as chemicals;hereinafter the same) and the sprayer, duster, fumigator and other machineries necessary for the control (hereinafter referred to as "control machineries" ).
2 Any person who intends to obtain the grant of subsidy under the preceding paragraph shall submit to the Minister of Agriculture and Forestry an application for grant of subsidy with the documents set forth by Ministerial Ordinance.
3 The Minister of Agriculture and Forestry shall, in case he has investigated the application under the preceding paragraph and deems the same as proper, hand down the decision to grant the subsidy.
Article 26. The Minister of Agriculture and Forestry may, in granting the subsidy in order to attain the purpose of the granting of subsidy in accordance with the provision of the preceding Article, attach a condition concerning the disposal or management of the control machineries in connection with the subsidy, or make a necessary investigation on the person receiving the subsidy or demand a necessary report therefrom.
2 The Minister of Agriculture and Forestry may, in case any person who received subsidy falls under any one of the following items, instruct the said person to return whole or a part of the subsidy:
(1) When it becomes clear that false information is prescribed in the application under paragraph 2 of the preceding Article;
(2) When he does not comply with the condition in case the same has been attached in accordance with the provision of the preceding paragraph:
(3) When he evades, obstructs or refuses the investigation in accordance with the provision of the preceding paragraph;
(4) When he does not report in accordance with the provision of the preceding paragraph or submits a false report.
3 Subsidy to be returned, with the exception of that which is to be returned by a local public body, may be collected in the same way as in the case of measure to be taken to the arrears of national taxes. However, the order of the preferential right shall be next to national and local taxes.
(Grant of Chemicals and Loan of Control Machineries Without Compensation, etc.)
Article 27. The Government may, in case it is especially necessary for the control of designated injurious animals or plants, grant chemicals necessary for control or transfer the same at the price lower than the market price or loan the control machineries withont compensation to local public body, farmers or any association composed thereof who is to conduct control based upon the control plan with respect to the notification under Article 24 paragraph 5.
2 Any necessary matters in connection with the grant, transfer or loan in accordance with the provision of the preceding paragraph shall be set forth by the Minister of Agriculture and Forestry.
3 In the case of the preceding paragraph, the Minister of Agriculture and Forestry shall confer with the Minister of Finance.
4 The Minister of Agriculture and Forestry shall make an effort to provide, upkeep and adjust necessary chemical and control machineries at all time in order to grant, transfer or loan the same in accordance with the provision of paragraph 1.
(Prohibition of Rumour)
Article 28. No one shall circulate a rumour concerning the far-reaching outburst of damages owing to the spread of the designated injurious animals or plants with respect to farm products aiming at the unfair interest of himself or others in the property thereof.
Supplementary Provisions:
(Date of Enforcement)
1 The date of the enforcement of this Law shall be fixed by Cabinet Order;provided that the date shall be after there is passed the budget which includes the expenses to be needed for the enforcement of this Law and which is to be borne by the State.
(Amendment to the Domestic Animal Infectious Disease Control Law)
2 The Domestic Animal Infectious Disease Control Law (Law No.166 of 1951) shall be partially amended as follows:
In Chapter IV, "Animal and Plant Quarantine Station" shall be amended as "Ministry of Agriculture and Forestry Quarantine Station" , and "Chief of Animal and Plant Quarantine Station" shall be amended as "Chief of the Ministry of Agriculture and Forestry Quarantine Station" .
(Amendment to the Law concerning Gratuitous Lending and Transfer, etc. of State Goods)
3 The Law concerning Gratuitous Lending and Transfer, etc. of State Goods (Law No.229 of 1947) shall be partially amended as follows:
In Article 2, item (6)-(2), ", except the case under the provision of Article 27 of the Plant Quarantine Law," shall be added before "to a local public body," .
(Amendment to the Ministry of Agriculture and Forestry Establishment Law)
4 The Ministry of Agriculture and Forestry Establishment Law (Law No.153 of 1949) shall be partially amended as follows:
The following one item shall be added next to Article 4 item (24)-(2):
(24)-(3) Grant subsidy to To, Do, Fu or prefectures and to those who conduct the control concerning epidemic bacillus and vermin of plants and animals;
In Article 13 and Article 27 (including the title) "Animal and Plant Quarantine Station" shall be amended as "Ministry of Agriculture and Forestry Quarantine Station" .
Article 27 paragraph 1 item (2) shall be made item (4), and the numerical order of the following items shall be moved down by two, and the following two items shall be added next to item (1):
(2) Conduct of forecast of outburst in accordance with the provision of Article 23 of the Plant Quarantine Law (Law No.151 of 1950);
(3) Custody of chemicals (including the materials that can be used as chemicals) and control machineries necessary for the control of the designated injurious animals or plants;
In the table of Article 27 paragraph 2, "Yokohama Animal and Plant Quarantine Station" shall be amended as "Yokohama Ministry of Agriculture and Forestry Quarantine Station" .
In Article 27 paragraph 3, "branch stations" shall be amended as "major branch stations or branch stations" , and "branch stations" in paragraph 4 of the preceding Article shall be amended as "major branch stations and branch stations" .
Minister of Finance IKEDA Hayato
Minister of Agriculture and Forestry HIROKAWA Kozen
Prime Minister YOSHIDA Shigeru