Presentation on The Plant Quarantine Order 2003

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Presentation on The Plant Quarantine Order 2003

• Prem Narain Joint Secretary (Plant
  Protection)Department of Agriculture
  Cooperation

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Plant Quarantine Order 2003

• Background
• Notification of the PQ Order
• Objectives of the PQ Order
• Salient Features of the PQ Order
• Role of State Governments

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Background - 1

• The Destructive Insects Pest Act, 1914 enacted
  to prevent the introduction and spread of
  destructive pests affecting crops (amended 9
  times).
• Notifications Rules for regulating import of
  live insects, 1941/1951 Rules for regulating
  import of fungi, 1943/47/52 and Rules for
  Regulating the import of cotton into India,
  1972//75/76/78 were issued under the said Act..
• The Plants, Fruits Seeds (Regulation of Import
  into India Order, 1989, notified for prohibiting
  and regulating the import into India of
  agricultural articles mentioned therein (amended
  24 times).

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Background - 2

• Liberalised trade in agriculture consequent to
  WTO Agreement in 1995 offered wide opportunities
  and innumerable challenges.
• Removal of quantitative restrictions by Ministry
  of Commerce in April 2001 and regulating the
  import of primary agricultural produce by a
  permit issued by the PPA.
• India with diversified agro-climatic zones is in
  an advantageous position to expand agriculture
  trade.
• Compliance with stringent phytosanitary
  regulations to gain market access to developed
  countries.
• With increase in volume of trade the associated
  pest risks got amplified.

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Background - 3

• Additional declarations for pests and special
  conditions in respect of various seed/planting
  material covered under the New Seed policy as per
  recommendations of ICAR Committee were to be
  incorporated.
• Need to review the Import phytosanitary
  requirements for several agricultural commodities
  based on Pest Risk Analysis as per the
  international standards of IPPC/WTO-SPS Agreement
• Need for a comprehensive notification for
  regulating import of germplasm/ GMOs/ transgenic
  plant material live insects microbial cultures
  including bio-control agents bulk import of food
  grains timber cotton etc

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Notification of PQ Order

• Ministry of Agriculture (Department of
  Agriculture Cooperation) of Government of India
  issued a Gazette Notification No S.O. 1322(E)
  dated 18th November 2003 titled The Plant
  Quarantine (Regulation of Import into India)
  Order, 2003 under Sub-section (1), Section 3 of
  The Destructive Insects Pests Act, 1914
• This Order has come into force on the 1st day of
  January 2004 except the sub-clause (22) of clause
  3 shall come into force on the 1st day of April
  2004.
• The said order was amended by PQ (Amendment)
  Order, 2004 (S.O. 167 (E) dated 6th February
  2004.

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The Objectives of The PQ Order

• Based on scientific pest risk analysis
• To prohibit/regulate/restrict the import of
  plants/plant material both for consumption
  propagation
• To prohibit/regulate the import of
  germplasm/GMOs/ transgenic plant material for
  research purpose
• To prohibit the import of deleterious weed
  species
• To regulate the import of live insects/fungi
  other microbial cultures/bio-control agents.
• To regulate import of timber bulk shipment of
  food grains
• To regulate packaging material of plant origin in
  imports.
• To regulate import of soil/peat or sphagnum-moss
  etc.
• To regulate the import of transit consignments.

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Salient Features of The PQ Order - 1

• Additional definitions incorporated to widen the
  scope of the order (clause 2) and notified points
  of entry (Schedule I, II and III).
• Import Permit is required for all import of
  plants/plant products or other regulated
  articles (clause 3 (1)). Import permit issued
  shall be valid for six months and three part
  shipments subject to conditions specified in
  Clause 3 (9)
• Commercial import of seeds of coarse
  cereals/pulses/oil seeds/ seed stock material
  of fruit plant species requires EXIM Committees
  clearance (Clause 3 (4))
• Provision for Pest Risk Analysis for import of
  agriculture commodities (clause 3(7)). No import
  permit shall be issued for import of consignments
  other than those covered under Schedule V, VI
  VII without Pest Risk Analysis.

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Salient Features of The PQ Order - 2

• Phytosanitary certificate is mandatory for all
  the consignments except specified categories of
  plant material for personal consumption less than
  2 kg (Clause 3 (20)
• Seeds and plants for propagation/live
  insects/microbial cultures including
  algae/bio-control agents/soil etc shall only be
  permitted through Amritsar, Chennai, Kolkata,
  Mumbai New Delhi and Germplasm/transgenic/GMOs
  can only be permitted through New Delhi (3 (14).
• Special Provisions for Quarantine weeds (clause 3
  (12)) (Schedule VIII ). No consignment of seed
  or grain contaminated with quarantine weeds shall
  be permitted unless devitalized.
• Packaging material of plant origin brought under
  the ambit of the order (clause 3 (21 22)). No
  article packed with the packing material of plant
  origin shall be cleared unless accompanied by a
  Phytosanitary Certificate with appropriate
  treatment at the origin (Clause 3 (22)).

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Salient features of The PQ Order - 3

• Provisions for regulating the import of soil,
  peat or sphagnum moss etc (Clause 4). Permits to
  be issued only by PPA.
• Provisions for regulating the import of
  germplasm/ GMOs/transgenic plant material for
  research purpose (clause 6). Permits to be issued
  only by Director, NBPGR.
• Provisions for regulating the import of live
  insects/microbial cultures including bio-control
  agents (clause 7). Permits by PPA only.
• Provisions for regulating bulk import of food
  grains including ship inspection (clause 8).
• Special provisions for regulating the import of
  timber wooden logs (clause 9). Off-shore
  treatment made compulsory.
• Provisions of cotton import regulations are
  incorporated (Schedule-VI, Item 17).

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Salient features of The PQ Order 4

• Special schedules for specific purposes
• Schedule-I Points of entry (Airports (12) / sea
  ports (34) /land border stations (13))
• Schedule-II Inland Container Depots Container
  freight stations (60)
• Schedule-III Foreign post offices (11)
• Schedule-IV Prohibited plant species
• Schedule V Restricted plant species permitted
  by authorised institutions.

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Salient features of The PQ Order - 5

• Schedule VI Restricted plant species permitted
  generally with additional declarations (74
  commodities) (as amended)
• Schedule-VII Plants and plant material permitted
  with normal PSC (83 commodities) (as amended)
• Schedule-VIII Quarantine weed species (61)
• Schedule-IX Inspection/treatment and other
  charges
• Schedule-X Permit Issuing Authorities
• Schedule-XI Inspection Authorities for
  Post-entry Quarantine
• Schedule-XII Seed quantities permitted for trial
  purposes

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Salient Features of The PQ Order - 6

• All Fumigation of agricultural commodities
  including cotton bales to be undertaken by
  approved private pest control operators under
  the supervision of an officer duly authorised by
  PPA. (Clause 3 (17))
• Provision of charging 5 times of inspection fee
  and permit fee for relaxing the conditions of
  IPPSC by the central government. (Clause 14(2))
• Provision for allowing import in excess up to 10
  per cent of the quantity of permitted import
  provided the excess quantity covered by
  Phytosanitary certificate. (Clause 3(9))
• Holders o f import permit issued before 31st Dec
  2003 will be entitled to import as per the
  erstwhile PFS order till 31st March 2004. (Clause
  15(2) as amended )
• Irradiation has been incorporated as an alternate
  treatment for quarantine purposes. (Clause 3(17)
  as amended )

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Role of State Governments - 1

• Effective implementation of domestic quarantine
  regulatory measures to prevent spread of
  quarantine pests
• To under take regular dynamic pest surveillance
  programmes in collaboration with State
  Agriculture Universities (SAUs) /ICAR,
  documentation and sharing of information
• Target pest surveys for pests of quarantine
  significance and documentation based on
  international standard and sharing of
  information.
• Active participation by the state governments in
  consultative process of pest risk analysis

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Role of State Governments - 2

• To ensure effective post-entry quarantine
  inspections by Inspection Authorities (SAUs)
• To sensitise expert participation and
  contribution in development of pest risk analysis
• Identification, designation and maintenance of
  pest free areas/ pest-free production sites based
  on international standards and documentation.
• To collaborate in organisation of work
  shops/seminars to sensitise the industry and
  associations on WTO-SPS issues
• To promote and propagate among farming community
  echo-friendly GAPs, which are compatible with SPS
  Agreement to facilitate exports.

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Thank You
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Comparison With Existing PFS Order

• PQ Order
• 26 definitions
• Notified points of entry-59 (Air ports/Sea
  Ports/LBCs) 60 ICDs/CFS and 11FPOs
• Specific regulations for import of seeds/ plant
  material for consumption/ propagation
  soil/peat-moss germplasm/ GMOs/transgenic
  plants live insects/microbial cultures
  bio-control agents

• PFS Order
• 14 definitions
• 59 (Air ports/Sea Ports/LBCs)
• Specific regulations for import of seeds/ plant
  material for consumption/propagation soil/peat
  or Sphagnum-moss. Separate Orders for import of
  live insects fungi

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Comparison with Existing PFS Order

• PQ Order
• Schedule-II covers 144 commodities and about 590
  Quarantine Pests and 61 weed species
• Permit requirements for import of flower
  seeds/tissue cultures/mushroom spawn cultures
  incorporated

• PFS Order
• Schedule-II covers 19 commodities 47 quarantine
  pests
• import of tissue cultures/flower seeds/mushroom
  spawn cultures not covered under permit.

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Comparison with existing PFS Order

• PQ Order
• Regulations for Import of cotton bales
  incorporated
• Specific regulations for import of timber
  wooden logs and bulk import of food grains
• Specific regulations for prohibiting import of
  quarantine weed species

• PFS Order
• Import of cotton bales not covered. Separate
  Order for import of cotton bales.
• No specific regulations for import of timber
  wooden logs and bulk import of food grains
• No specific regulations for Quarantine Weed
  species

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Procedures for issue of Permit

• Application for issue of Import Permit to be made
  in form PQ 01 for the consumption and in PQ 02
  for propagative materials.
• Commercial import of seeds of coarse
  cereals/pulses/oil seeds/fodder crop species and
  seeds planting material of fruit plant species
  require clearance of EXIM Committee.
• Application for seeds/planting material shall be
  accompanied by a registration certificate issued
  by - (1) NSC/Director of
  Agriculture/Horticulture of State Government and
  
  (2) Certificate of approval of PEQ
  facilities by the Designated Inspection Authority.

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Procedures for issue of Permit

• Permits to be issued in form PQ 03 for
  consumption and PQ 04 for propagative plant
  material, within a maximum period of 3 working
  days, provided application is complete.
• PRA compulsory for commodities not covered under
  Schedule II B, II C and II D.
• Permits issued are valid for six months and
  further extendible by another six months.
• Permits are not transferable and no permits
  issued for landed consignments.

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Procedures for issue of permit

• Application for import of soil/peat etc can be
  only made to the Plant Protection Adviser.
• Application for import of germplasm/ GMOs/
  transgenic plants can be made to Director, NBPGR,
  New Delhi (subject to prior approval of GEAC of
  the Min. of Environment Forest).
• Application for import of live insects/microbial
  cultures or bio-control agents to be made to the
  PPA.

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Urgency of Notification of PQ order

• Urgent need to fill-up the gaps in existing PFS
  order viz., regulating import of
  germplasm/GMOs/transgenic plant material live
  insects/fungi including bio-control agents etc.
• To facilitate safe conducting of global trade in
  agriculture and thereby fulfilling our legal
  obligations under the international agreements
• To protect the interest of our farmers by
  preventing the entry, establishment and spread of
  destructive pests in more effective way
• To protect our plant life and environment
  effectively

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Implementation of Pest Risk Analysis

• Establishment of a National PRA Unit within six
  months
• Organising of PRA training/Workshop involving
  national/international experts for prioritizing
  crops/commodities for under taking PRA
  establishing working groups-Next six months
• Development of programme links-2months
• Development of pest data base for new 39
  commodities by June, 2004.
• Development of detailed PRA for the above 39
  commodities within plan period, 13 commodities
  yearly.

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Crops to be taken up for PRA on priority
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Crops to be taken up for PRA on priority