The request for and issuance of the substitution of the phytosanitary
certificate shall be complied with the criteria, procedures, and conditions stipulated
by the Director-General.
(Provisions Section 15tetra shall be incorporated herein by Section 9 of the Plant
Quarantine Act (No. 2) B.E. 2542.)
Section 15tetra To facilitate plant growers for the purpose of
exportation, any person who would like to request the plant quarantine official to
inspect or recommend the means to control plant pests in nursery or field for
exportation, shall request for registration of the said nursery or field for exportation
to the Department of Agriculture.
The request for registration and the registration shall be complied with
the criteria, procedures, and conditions stipulated by the Director-General.
(Provisions of Section 15penta shall be incorporated herein by Section 9 of the
Plant Quarantine Act (No. 2) B.E. 2542.)
Section 15penta To regulate plants for exportation, the Minister
under the recommendation of the Committee shall have the authority to declare a
plant to be specific controlled plant by indicating name, type, species or
characteristic aspects of the plant, microorganism or other articles that may be
harmful to human health in compliance with the importing country requirements, as
well in the Government Gazette.
(Provisions of Section 15hexa shall be incorporated herein by Section 9 of the
Plant Quarantine Act (No. 2) B.E. 2542.)
Section 15hexa Any person who would like to export specific
controlled plant shall have a phytosanitary certificate accompanying with the
consignment and pay inspection fee 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 shall have the authority to issue a health
certificate to the applicant under paragraph 1 and the plant quarantine official shall
collect fee for the issuance of a health certificate at the rates prescribed in the
Ministerial Regulation.
(Provisions of Section 16 shall be repealed by Section 10 of the Plant Quarantine
Act (No. 2) B.E. 2542 and the following shall be implemented.)
Section 16 Any person who would like to request the plant
quarantine official to perform his duties under this Act on official holidays, after
official working hours or outside Government offices whether during or after
official working hours, shall pay additional fees for performing his duties at the
rates prescribed in the Ministerial Regulation and pay all travel expenses as
necessary and actually paid to the plant quarantine official.
The criteria, procedures, and conditions of the payment of additional
fees and travel expenses under paragraph 1 shall be in line with the Ministerial
Rule.
Section 17 In the event of an outbreak of plant pest which might
bring about serious damages, or where there is proper reason to place control in
respect of plant pest in any locality, the Director-General shall have the power to
determine by notification such locality as plant pest controlled area. The
notification shall specify the names, species of plants, plant pests and carriers under
the control and determine the local checking stations as are necessary. Such notification shall be posted up at the Provincial Government Office, Amphur Office,
Office of Kumnan and Phuyai Ban of such locality.
Section 18 After a declaration of the plant pest control area under
Section 17 has been made, no one shall take out of or bring into the plant pest
control area any plants, plant pests or carriers specified in the declaration unless
inspected and permitted in writing by the plant quarantine official.
Section 19 The provisions of Sections 12 and 13 shall apply mutatis
mutandis to the plants, plant pests and carriers stated in Section 17 which are within
the plant pest controlled area or to be taken out of or brought into the said area.
(Provisions of Section 19 paragraph 2 shall be repealed by Section 11 of the Plant
Quarantine Act (No. 2) B.E. 2542 and the following shall be implemented.)
In case there is any plant pest which may cause serious damage and if
it is not destroyed in time, it will cause more severe damage. The plant quarantine
official may order the owner to destroy the plants, plant pests and carriers, or if
necessary the plant quarantine official may destroy them by himself. In such case,
the Director-General may order the owner to pay all expenses for such destruction
as necessary and actually paid.
Section 20 When the Director-General finds that the plant pest
according to the declaration under Section 17 has all been destroyed or that
necessity no longer exists, such declaration shall be revoked.
(Provisions of Section 20bis shall be incorporated herein by Section 12 of the
Plant Quarantine Act (No. 2) B.E. 2542.)
Section 20bis The money obtained from the inspection fees under
Section 15 and the additional fees under Section 16 shall not be considered as income under the law of fiscal budget, and shall be used only in those activities
specified by this Act, not for any other purposes whatsoever.
(Provisions of Section 20ter shall be incorporated herein by Section 12 of the
Plant Quarantine Act (No. 2) B.E. 2542.)
Section 20ter Any person who does not comply with Section 6
paragraph 2 or violates Section 6bis paragraph 2, Section 9 or Section 18 shall be
fined not exceeding 20,000 Baht.
(Provisions of Section 20tetra shall be incorporated herein by Section 12 of the
Plant Quarantine Act (No. 2) B.E. 2542.)
Section 20tetra Any person who resists or obstructs the plant
quarantine official from performing his duties under Section 6ter shall be fined not
exceeding 10,000 Baht.
(Provisions of Section 21 shall be repealed by Section 21 of the Plant Quarantine
Act (No. 3) B.E. 2551 and the following shall be implemented.)
Section 21 Any person who does not comply with Section 8,
Section 10 and Section 15bis paragraph 2 or Section 15hexa or violates Section 14
shall be imprisoned not exceeding one year or fined not exceeding 20,000 Baht, or
both.
(Provisions of Section 22 shall be repealed by Section 21 of the Plant Quarantine
Act (No. 3) B.E. 2551 and the following shall be implemented.)
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