Title
Plant Quarantine Law of 1978
Law
Presidential Decree No. 1433
Decision Date
Jun 10, 1978
The Plant Quarantine Decree of 1978 strengthens the Plant Quarantine Service in the Philippines by regulating the importation and movement of plants and plant products to prevent the introduction and spread of plant pests, ensuring the protection of the agricultural industry.
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Definitions

  • "Person" includes natural or juridical persons such as corporations, partnerships, associations, etc.
  • "Director" refers to the Director of Plant Industry.
  • "Plant Quarantine Officer" is any person appointed or designated by the Director.
  • Defines "Country," "Carrier," "Plants," "Plant Products," "Potential Animal Pest," "Packing Materials," "Plant Pest," "Quarantine Orders," "Commodity Treatment," "Port of Entry," "Importation," "Plants/Plant Products in Transit," "Exportation," and "Phytosanitary Certification."

Restrictions on Importation

  • Importation of plants, plant products, soil, and plant-origin packing materials capable of harboring pests is regulated through quarantine orders.
  • Importation of potential animal pests is prohibited unless authorized by written permit for justifiable purposes.

Commodities in Transit

  • Requires clearance by Plant Quarantine Officers at ports for plants, plant products, potential animal pests, plant-origin food provisions, and ornaments on carriers in transit.

Exportation Controls

  • Inspection and phytosanitary certification of export consignments are mandatory if required by importing countries.

Inspection and Domestic Quarantine

  • Director is responsible for inspection and enforcement of quarantines on imports, exports, and domestic movement of regulated commodities.
  • Domestic quarantine measures include inspection, treatment, certification, and limited movement of plants/products to contain pest spread.

Appointment and Authority of Plant Quarantine Officers

  • Director appoints Plant Quarantine Officers with written designation.
  • Officers have police authority to inspect carriers, luggage, mails; enter premises storing or growing plants; inspect and treat imports/exports; confiscate or destroy prohibited materials; deny certifications.

Responsibilities of Importers and Exporters

  • Must submit declarations disclosing consignor/consignee, purpose, details of commodities, origin, port, and carrier information at entry or embarkation.

Clearance of Carriers

  • Owners/operators of carriers must notify arrival/departure, provide cargo manifests, and obtain clearance from Plant Quarantine Officers prior to departure.
  • Customs authorities require Plant Quarantine Clearance for customs clearance issuance.

Fees and Charges

  • Director sets rules for collection of regulatory fees for inspection, certification, permits, treatments.
  • Fees fund the National Plant Quarantine Service but exclude government agencies, relief organizations, embassies, and certain economic development-related activities except for treatment expenses.
  • Overtime and incidental costs for quarantine services outside office hours charged to requesting parties.

Cooperation and Rulemaking

  • Director may call upon other government agencies for enforcement and public information.
  • Authorized to promulgate special quarantine orders, rules, and regulations with Secretary of Agriculture's approval.

Plant Quarantine Board

  • Includes key government officials, representatives from agricultural, economic, and import/export sectors.
  • Advisory body assisting Director in formulation of quarantine policies.
  • Meets quarterly or for special sessions; members receive per diem.
  • Annual budget appropriation with unspent funds reverting to quarantine fund.

Penalties

  • Violations or forgery of quarantine-related documents subject to fines up to P20,000 or imprisonment from correctional to mayor jail, or both.

Miscellaneous Provisions

  • Separability: invalid provisions do not affect the rest of the Decree.
  • Repealing clause: previous inconsistent laws/rules are revoked.
  • Effectivity: immediate upon approval.

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