“phytosanitary certificate for re-export” means an official document issued by the competent authority of exporting country to verify that plant, plant germplasm or carrier brought or sent into and transshipped out of the Kingdom to
other countries is free from pests of re-exporting country, in compliance with the importing country requirements;
(“health certificate” shall be incorporated herein by Section 6 of the Plant Quarantine Act (No. 3) B.E. 2551.)

“health certificate” means an official document issued by the competent authority of exporting country to verify that a specific controlled plant is free from microorganisms or other articles which are harmful to human health, in compliance with the importing country requirements;

“Committee” means the Plant Quarantine Committee;

“Director-General” means the Director-General of the Department of Agriculture;

“plant quarantine official” means the Director-General and a person appointed by the Minister for the execution of this Act;

“Minister” means the Minister in charge of the execution of this Act.

Section 5 The plant quarantine official shall bear an identification card in the form prescribed in the Ministerial Regulation, and in the execution of this Act, upon request, shall provide the said identification card to the person
concerned.

(Provisions of Section 5bis shall be incorporated herein by Section 4 of the Plant Quarantine Act (No. 2) B.E. 2542.)

Section 5bis There shall be a Committee called “The Plant Quarantine Committee,” comprising the Permanent Secretary of the Ministry of Agriculture and Cooperatives as the chairman, Director-General of the Department
of Fisheries or representative, Director-General of the Department of Livestock or representative, Director-General of the Royal Forestry Department or representative, Director-General of the Department of Agriculture or representative, Director-General of the Custom Department or representative, Director-General of the Department of Agricultural Extension or representative, Secretary – General of the Office of the Narcotics Control Board or representative, Director-General of the Port Authority of Thailand or representative, Managing Director of the Airport Authority of Thailand or representative, President of the Communications Authority of Thailand or representative, Director of the National Center for Genetic Engineering and Biotechnology or representative, Representatives of the Ministry of Commerce and the Ministry of Interior, one for each Ministry, and no more than
4 Experts appointed by the Minister as the Committee and the Director of Agricultural Regulatory Division of the Department of Agriculture as the Committee and Secretary.

The Department of Agriculture, for the Committee, shall be charged with the duties on technical, administrative, and procedural under the decision of the Committee.

(Provisions of Section 5ter shall be incorporated herein by Section 4 of the Plant Quarantine Act (No. 2) B.E. 2542.)

Section 5ter The Expert Committee shall be in office for a twoyear- term, nevertheless may be reappointed.
In case there is any reason for the Expert Committee to leave the office before the end of the term or in case the Minister appoints additional Expert Committee during the office term of the Committee, the substituted Expert
Committee shall be in the office for as long as the term left for the earlier appointed Expert Committee.

(Provisions of Section 5tetra shall be incorporated herein by Section 4 of the Plant Quarantine Act (No. 2) B.E. 2542.)

Section 5tetra Notwithstanding the end of office term under Section 5ter, the Expert Committee appointed by the Minister shall leave the office in case of:
(1) death;
(2) resignation;
(3) removed by the Minister;
(4) become incompetent or quasi-incompetent person;
(5) imprisoned by the final judgement to a term of imprisonment, except for an offence committed through negligence or a petty offence.

(Provisions of Section 5penta shall be incorporated herein by Section 4 of the Plant Quarantine Act (No. 2) B.E. 2542.)

Section 5penta In a meeting of the Committee, the presence of not less than one-half of the total number of members of the Committee shall be required to constitute the quorum. In case where the chairman is not present or is
unable to perform the duty, the members of the Committee present shall elect a member among themselves to preside over the meeting as a chairman.

A decision of the meeting shall be met by a majority vote. Each member of the Committee shall have one vote. In case of equality of the votes, the presiding chairman shall have an additional vote as the final vote.

(Provisions of Section 5hexa shall be repealed by Section 7 of the Plant Quarantine Act (No. 3) B.E. 2551 and the following shall be implemented.)

Section 5hexa The Committee shall have the authority as follows:
(1) provide recommendations to the Minister for the determination on name of plants, plant pests, or carriers to be prohibited or restricted articles, and of plant germplasms that shall be controlled, and of controlled plants and specific controlled plants;
(2) provide recommendations to the Minister for the determination on plant quarantine station and post-entry quarantine station;
(3) provide recommendations to the Director-General for the determination on type of business enterprises that are eligible to import or bring in transit of prohibited articles under Section 8 (2) as well as the determination on
criteria, procedures and conditions for the importation or bringing in transit of prohibited articles through commercial channel or other business enterprises under Section 8 (2);
(4) provide recommendations to the Director-General for the determination on criteria, procedures and conditions for importation or bringing in transit of prohibited or restricted articles under Section 10, and for the determination
on plant pest inspection and treatment fees, the request for a phytosanitary certificate or phytosanitary certificate for re-export and the issuance of certificates under Section 15;
(5) provide recommendations to the Director-General for the determination on inspection fees for exportation of specific controlled plants, including criteria, procedures and conditions on the request and issuance of health
certificate under Section 15hexa;
(6) provide recommendations to the Minister for the promulgation of the Ministerial Regulations under this Act;

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