Plant Protection and Health Act, 2016
Act 6 of 2016
- Published in Uganda Gazette no. 17 on 11 March 2016
- Assented to on 11 February 2015
- Commencement date unknown
- [This is the version of this document from 11 March 2016.]
Part I – Preliminary
1. CommencementThis Act shall come into force on the date appointed by the Minister by Statutory Instrument.
2. InterpretationIn this Act, unless the context otherwise requires—"animal organism" means any animal organism, in whatever stage of existence the organism may be;"beneficial organism" means any organism, including fungi, bacteria, viruses, vims like organisms, and insects, mites and other animal organisms, utilized specifically for the control of harmful organisms, pollination, or for other purposes beneficial to agricultural production and environmental protection;"Commissioner" means the Commissioner for Crop Protection, or any other Commissioner assigned by law to administer this Act;"Committee" means the plant protection and health committee established under section 7;"contamination" means presence of harmful organisms on plants, plant products, growing substrates, packaging materials and other similar items;"conveyance" means any vessel, aircraft, train, motor vehicle or part of them, cart, cargo container, animal or other device which can convey plant material, plant pests, beneficial organisms, soil or other things from one place to another;"currency point" has the value assigned to it in the Schedule;"disease" means any abnormal condition of a plant communicable or believed to be communicable by the transfer of a causative agent or by the propagation of the affected plant, which the Minister may declare, by statutory instrument, to be a disease for the purposes of this Act;"harmful organism" means an animal, plant or micro-organism in whatever form, which is injurious or potentially injurious to plants or plant products and the environment, and which the Minister may declare, by statutory instrument, to be a harmful organism;"import permit" means the permit issued by the phytosanitary service giving an individual, organization, or company permission to import plants, plant products, cultures of organisms, growing substrates, and other agricultural products according to specified conditions;"importer" includes anyone who whether as an owner, consignor, consignee, agent, broker or otherwise, is in possession of or in any way entitled to the custody of any plant material, plant pest, beneficial organism, soil, or packaging landed or intended to be landed in Uganda from another country;"infested or infected" means containing, harboring, or contaminated by harmful organisms;"infested area or infected area" means any area or place in which a harmful organism, pest or disease exists and which the Minister may declare, by statutory instrument, to be an infested or infected area for the purposes of this Act;"inspection" means the examination of plants, plant products and other material, conveyances and facilities by a person authorized under this Act for the purpose of detecting the presence of quarantine objects and other harmful organisms;"inspector" means a person authorized for the purposes of this Act to carry out phytosanitary and plant quarantine inspection;"Minister" means the Minister responsible for agriculture;"natural environment" includes the environment’s components such as soil, water, air, species of flora and fauna as well as interaction between them;"organism" means an animal, plant or micro-organism in whatever form or stage of existence;"outbreak pests" means organisms harmful to plants or plant products occurring in large numbers over large tracts of land, and in such magnitude that an individual or group of individual owners or occupiers cannot control or contain them, or whose distribution is restricted to an area from where their spread can be contained or delayed, and whose delayed control due to the use of normal procedures or means can cause danger to the health of plants, man, animal and the environment, and, which the Minister, may declare by statutory instrument, to be outbreak pests for the purposes of this Act;"owner" in relation to land, premises or plant materials includes the joint owner, part owner, lessee or occupier or the agent of an owner, joint owner, part owner, lessee, or occupier;"packaging material" means any material used to pack, cover, contain or keep plant material or any other items during transport or storage which can be affected by or can harbour a pest or disease organism, and the term "packaging" shall be construed accordingly;"pest" means any form of plant or animal life or any pathogenic agent and weed, other than a beneficial organism, capable of directly or indirectly injuring any plant material, beneficial organism, and the environment;"phytosanitary" means the disease, infection or pest infestation status of plants or plant products;"Phytosanitary certificate" means a certificate substantially in the form of the Model Phytosanitary Certificate annexed to the International Plant Protection Convention of 1951 as amended in 1979 issued by a technically qualified and duly authorized officer to certify the phytosanitary condition of a consignment of plants or plant products;"plant" means any living plant or plant parts, whether severed or not, including seeds, fruits, vegetables, and callus;"plant health" means freedom from destructive, injurious, or harmful organisms capable of causing injury on plant parts or products;"plant material" includes any plant, propagative material or plant product which can be affected by or harbour a plant pest or disease;"plant product" means any non-manufactured material of plant origin and those manufactured products which by their nature or that of their processing may create a risk of spread of plant pests or diseases;"Plant protection" the institution of measures to prevent or minimize destruction, harm or qualitative damage caused to crop plants, plant products or the environment by harmful organisms;"point of entry" means any border post, seaport, airport, river or lake station, landing site, railway station, post office, transport terminal or inland port and bonded warehouses serving or gazette as customs entry point, through which goods may enter Uganda and which may be declared by statutory instrument to be a point of entry under section 19;"post entry quarantine station" means a secured place designated under section 19 for the holding of plants, plant products or beneficial organisms, and observation, inspection, treatment or research after having been imported into Uganda;"prescribed" means prescribed by regulations made under this Act;"prohibition" means prohibition by regulations made under this Act;"propagative material" means any living plant or part of the plant, including seed, corm, cutting, bud, rhizome, or callus, used or intended for propagation;"quarantine" means the official confinement of plants and plant products, organisms harmful to plants, beneficial organisms, goods, or soil being imported into or exported from Uganda, subject to phytosanitary regulations, for observation and research, for further inspection and or testing;"quarantine pest" means a pest of potential national economic importance to the country endangered by such pest, and not yet present there, or present but not widely distributed and being actively controlled;"quarantine station" means a place for the inspection, detention, treatment, re-consignment or destruction of plants or plant products, harmful organisms to plants, beneficial organisms, goods, or soil being imported into or exported from Uganda;"soil" means any medium capable of sustaining plant life or conveying harmful organisms, including earth, water, compost, or clay;"treatment" means any appropriate process including the use of chemicals, heat, cold or low pressure for ensuring the sterilization, removal, or killing of organisms harmful to plants; and"weed" means any plant potentially injurious to agriculture and the environment which is declared by statutory instrument to be a weed for the purpose of this Act.
Part II – Administration, officers and duties
3. Phytosanitation and Inspection ServiceThe Phytosanitary and Inspection Service in the Department responsible for Crop Protection shall be responsible for the protection of the agricultural resources of Uganda from harmful organisms that exist in the country, or which may be introduced into the country.
4. Duties of the Commissioner for Crop Protection
5. Appointment of officers
6. Delegation of powers
7. Plant Protection and Health Technical Committee
8. Functions and procedures of the Committee
Part III – Prevention and control of pests, weeds and diseases
9. Powers to make rules for prevention of spread of pests, weeds and diseasesThe Minister may, by statutory instrument make rules for the purpose of preventing and controlling attacks by or spread of harmful organisms or diseases in Uganda and, in particular and without prejudice to the generality of the power, on all or any of the following matters—
10. Duties of occupiers of land
11. Right of entry and destruction of infectious articlesSubject to any rules made under section 9, any Inspector may enter any land or building, including a private house, at all reasonable hours for the purpose of discovering harmful organisms or diseases in any plant or products and of ascertaining that any order of an Inspector or any rule made under section 9 has been complied with, and causing measures to be taken under section 9.
12. CompensationThe Minister may, if he or she deems fit, order compensation to be paid out of public funds to any person whose plants or other articles are destroyed under this Act.
13. Contingency measures for the containment of outbreak of pests
Part IV – Import and export control
14. National plant health measures, plant import control
15. Importation for research purposes
17. Packaging material
18. Plants, plant products etc in transit
19. Seizure of illegally imported materials
20. Declaration of points of entry, quarantine stations, and quarantine pestsThe Minister may from time to time, by statutory instrument—
21. Export of plants, plant products etc.The Minister may from time to time, by statutory instrument, declare that any propagative material of a wild plant of potential genetic and economic importance, or crop plant and plant products carrying any harmful organism in excess of an amount specified in the notice shall not be exported from Uganda.
22. Pre-export examination
23. Powers and duties of Inspectors
24. Duties of other officials
25. Duty of public to report imported plants, plant products etc.A person who receives any plant, plant product, beneficial organism, harmful organism, soil or any other material or substance to which this Act applies from outside Uganda shall, on receipt, notify an Inspector, and shall undertake at his or her own expense and to the satisfaction of the Inspector such directions as the Commissioner may give as to its inspection, treatment, destruction, or any other means of disposal.
26. Charges for administrative expensesThe Minister shall by statutory instrument prescribe the services for which fees shall be charged and their corresponding charge rates.
Part V – Offences and penalties
27. Obstruction and penalties
28. Criminal liability of corporate entities and their officers
29. LiabilitiesFor the avoidance of doubt, it is declared that—
Part VI – Miscellaneous provisions
30. General regulationsNotwithstanding the provisions of the Interpretation Act, it shall not be necessary to publish in the Gazette any order made under the powers conferred by this Act where such order is not intended to be of general application but is made in regard to the importation or exportation of any specified consignment of plants, animals, insects, fungi, bacteria, viruses, articles, or other matter in respect of which an order may lawfully be made under this Act, and in such a case the order of the Commissioner shall be signified in writing.
31. SavingsAny applicable regulations, rule, order, or notice made under the Plant Protection Act and any other related instrument in force, shall to the extent that they are consistent with the provisions of this Act continue in force until revoked or amended under this Act.
32. Repeal of Cap. 31The Plant Protection Act, Cap. 31 is repealed.
History of this document
11 March 2016 this version
Published in Uganda Gazette number 17
11 February 2015
|Plant Protection and Health (Import and Export) Regulations, 2020||Statutory Instrument 4 of 2020|