Section 11 Any person importing or bringing in transit unprohibited
articles shall attach with a phytosanitary certificate and shall declare to the plant
quarantine official in a format form specified by the Director-General.
(Provisions of Section 12 shall be repealed by Section 14 of the Plant Quarantine
Act (No. 3) B.E. 2551 and the following shall be implemented.)
Section 12 In the execution of this Act, the plant quarantine official
shall have the authority as follows;
(1) search any warehouse, conveyance, package as well as any
person within the jurisdiction of plant quarantine station or plant pest controlled
area when there is reasonable ground to suspect that plants, prohibited articles,
restricted articles or unprohibited articles have been imported or brought in transit
in violation or non-compliance of this Act;
(2) search any premise, person or conveyance outside the
jurisdiction of plant quarantine station or plant pest controlled area, during sunrise
to sunset of the day, or during the business hours of that premise in case where there is reasonable ground to suspect that plants, prohibited articles, restricted articles or
unprohibited articles under possession are plant pests or harbor plant pests that may
cause very serious damage and in case where there is reasonable ground to suspect
that if the search warrant shall take longer time to be issued, such unlawful articles
or any wrongdoings shall be removed, hidden, destroyed or changed from the
original appearances, and in case where the search can not be carried out in time, it
is allowable to continue until the search is completed;
(3) collect or draw sample in an adequate amount of plants,
prohibited articles, restricted articles or unprohibited articles or other related articles
for inspection or analysis, in case where there is reasonable ground to suspect that
such articles are plant pests or harbor plant pests that may cause very serious
damage;
(4) confiscate or hold plants or prohibited articles, restricted articles
or unprohibited articles or other related articles in due time, where necessary, in
case where there is reasonable ground to suspect that such articles are plant pests or
harbor plant pests that may cause very serious damage.
(Provisions of Section 13 shall be repealed by Section 15 of the Plant Quarantine
Act (No. 3) B.E. 2551 and the following shall be implemented.)
Section 13 To prevent the introduction of plant pests into the
Kingdom, the plant quarantine official shall have the authority to deal with plants or
prohibited articles, restricted articles, unprohibited articles or plant germplasms
imported or brought in transit as follows;
(1) diagnose plant pests, fumigated or treated with chemical by
means of spraying or by any other means as deemed necessary at the owner’s
expenses;
(2) confiscate or hold them at the post-entry quarantine station or at
any other places in due time, where necessary;
(3) order the importer to send the plants, prohibited articles,
restricted articles, unprohibited articles or plant germplasms infected or infested
with plant pests out of the Kingdom;
(4) destroy them, where necessary, when there is reasonable ground
to suspect that such plant pests may cause very serious damage and there is no
alternative remedial measures under subparagraph (1).
(Provisions of Section 13/1 shall be incorporated herein by Section 16 of the Plant
Quarantine Act (No. 3) B.E. 2551.)
Section 13/1 All articles that are collected, confiscated or held under
Section 12 (3) and (4) and Section 13 (2), shall fall into the possessions of the
Department of Agriculture, in case if there is no claim from the owners, or in case
where the case is withdrew by the public prosecutor, or the final judgement is not to
confiscate the articles, and the owner does not claim within ninety days counting
from the date of confiscation or hold, or the date of public prosecutor withdrawal or
the date of the final judgement not to confiscate the articles, wherever the cases
shall be.
If the articles collected, confiscated or held under paragraph 1 are
perishable, or if the articles shall be at risk to be damaged from storage or the
expenses to keep the articles exceed their values, the Director-General shall have
the authority to order destroying or any other means of disposal, where appropriate.
(Provisions of Section 14 shall be repealed by Section 8 of the Plant Quarantine
Act (No. 2) B.E. 2542 and the following shall be implemented.)
Section 14 No one shall remove any plants, prohibited articles,
restricted articles or plant germplasms from any plant quarantine station, post-entry
quarantine station, or conveyance in case of transit, or from any places where such
articles are confiscated or held by the order of the plant quarantine official unless
permission in writing has been obtained from the said plant quarantine official.
(Provisions of Section 15 shall be repealed by Section 17 of the Plant Quarantine
Act (No. 3) B.E. 2551 and the following shall be implemented.)
Section 15 Any person who would like to apply for a phytosanitary
certificate or phytosanitary certificate for re-export shall pay inspection and
treatment fees at the rates specified by the Director-General under the
recommendation by the Committee and shall be published in the Government
Gazette.
The plant quarantine official has the authority to issue a phytosanitary
certificate and phytosanitary certificate for re-export to the applicant under
paragraph 1 and the plant quarantine official shall collect fees for the issuance of a
phytosanitary certificate or phytosanitary certificate for re-export, where applicable
to the rates prescribed in the Ministerial Regulation.
The request for and issuance of a phytosanitary certificate or
phytosanitary certificate for re-export shall be complied with the criteria,
procedures, and conditions stipulated by the Director-General under the
recommendation by the Committee and shall be published in the Government
Gazette.
(Provisions of Section 15bis shall be incorporated herein by Section 9 of the Plant
Quarantine Act (No. 2) B.E. 2542.)
Section 15bis To prevent the spread of the plant pests out of the
Kingdom, the Minister under the recommendation of the Committee shall have the
authority to declare the name of plants to be considered as controlled plant in the
Government Gazette.
(Provisions of Section 15bis, paragraph 2 shall be repealed by Section 18 of the
Plant Quarantine Act (No. 3) B.E. 2551 and the following shall be implemented.)
Any person who would like to export controlled plant under
paragraph 1 shall have a phytosanitary certificate accompanied with the said
controlled plant.
(Provisions of Section 15ter shall be repealed by Section 19 of the Plant
Quarantine Act (No. 3) B.E. 2551 and the following shall be implemented.)
Section 15ter In case of loss or damage in the essential matters of
the phytosanitary certificate or phytosanitary certificate for re-export, the holder of
the said phytosanitary certificate requiring a substitution shall request for such
substituted phytosanitary certificate from the plant quarantine official.
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