The Plant Quarantine (PQ) Order, 2003 after the February 2004 amendment has lost none of its anti trade character. The good news is that harassed importers with consignments packed in wooden crates are spared the trips to the Plant Quarantine Office for fumigation for another three months or so, that is till 1 June 2004. The implementation of the portion in the PQ Order relating to packing material had come into effect on 1 April resulted in dislocation and pileups at major ports as importers were forced to get fumigation certificate for the wooden packing material before the customs inspector issued the out charge order.

Apart from the portions relating to prior issue of agriculture permit for import clearance of agriculture related goods and the provision of compulsory methyl bromide fumigation in the general case, the PQ Order extends itself to industrial goods also. Under sub-clause 22 of clause 2, the Order requires all packing material of agriculture origin such as wooden crates used in the packing of machinery to be accompanied by a phytosanitary certificate from a competent authority in the export country certifying that there is no pest or living organism in the wood which will “contaminate” the environment in India after clearance of the material into the domestic tariff area.

It may be best to train the customs inspectors themselves in visual examination of the packing material to check for pest incidence. Alternatively, the cargo agencies should be made to certify for pest free packing material. The recourse to the involved phytosanitary certificate acts as a non tariff barrier. Ultimately, the harm to the environment from the alternate so called safe but hazardous plastic packing is worse compared to bio degradable wood. Besides, wooden packaging is cheap and versatile and the material easy to recycle.

Text of sub-cluase 22 of clause 2.

(22) No article packed with packaging materials shall be released by the proper officers of customs unless the consignment is accompanied by a phytosanitary certificate in respect of said packing material;

Provided that if no phytosanitary certificate is furnished in respect of said packaging material, the proper officer of customs shall grant out of charge only after clearance is obtained from local plant quarantine authorities, who shall grant clearance from the quarantine angle and may, if deemed fit, subject the said packaging material to treatment at the expense of importer.

Provided further nothing contained in this clause shall be applicable to packaging materials in respect of bonafide passenger baggage containing goods other than plants and plant products.

In exercise of the powers conferred by sub-section (1) of section 3 of the Destructive Insects and Pests Act, 1914 ( 2 of 1914), the Central Government hereby makes the following Order further to amend the Plant Quarantine (Regulation of Import into India) Order, 2003, namely:-

1(1) This order may be called the Plant Quarantine (Regulation of Import into India) (Second Amendment) Order, 2004.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In clause 1 of the Plant Quarantine (Regulation of Import into India) Order, 2003, in sub-clause (2), for the figures, letters and words “1^st day of April, 2004”, the figures, letters and words “1^st day of June, 2004” shall be substituted.

Text of sub-cluase 2 of clause 1.

[1. Short title and commencement. –

(1) This order may be called the Plant Quarantine (Regulation of Import into India) Order, 2003.

(2) Sub-clause (22) of clause 3 shall come into force on the 1st day of June April 2004 and all other provisions of this Order shall come into force on the 1st day of January 2004. ]

Plant Quarantine Import Regulations

A. INTRODUCTION

B. HIGHLIGHTS OF NEW PLANT QUARANTINE ORDER

C. AGRICULTURE PERMIT-PROCEDURE FOR ISSUE

D. AGRICULTURE PERMIT FOR SOWING

E. PHYTOSANITARY CERTIFICATE

F. PLANT QUARANTINE ORDER 2003

G. ANNEXURES OF PLANT QUARANTINE ORDER 2003

A. INTRODUCTION

The import of agriculture products is controlled by the Ministry of Agriculture. Essentially, control is exercised by means of the following instruments:

1. Agriculture permit for consumption. Specific commodities hit are: cereals, pulses, wooden logs, dry and fresh fruits, spices, cotton, medicinal plants and all other agricultural commodities meant for consumption.

2. Agriculture permit for planting, sowing and propagation.

Each of these systems is described in the sections below.

The authority for the permits and phytosanitary certificate is derived from Plant Quarantine (Regulation of Import into India) Order, 2003 as amended on 6 February 2004.

It may be noted other laws under PFA (Prevention of Food Adulteration) on grounds of health and packaging and marking restrictions will also be attracted.  

The Plant Quarantine Order 2003 issued on 18 November 2003 is the operative part of the regulation governing the import of agriculture and agriculture products for the purpose of consumption as well as sowing. The phytosanitary regulations, fumigation and inspection system as well as the fees are prescribed in the Plant Quarantine Order. The order is issued under Destructive Insects and Pests Act, 1914 popularly known as DIPA. Inspection fee and Fumigation fee are specified in the Schedule to the Order.

The Plant Quarantine Order 2003 supersedes the following:

• Rules for regulating the import of insects into India notified under F-193/40 A dated 3.2.1941.
• Rules for regulating the import of fungi into India notified under F.16-5 (I)/43A dated 10.5.43
• Import of cotton into India Regulations, 1972
• Plants, Fruits & Seeds (Regulation of Import into India) Order, 1989

Following the furore over the strict and impracticable clauses in the Order, an amendment to the Order was issued on 6^th February 2004.Under this, import permit application can be made 7 days in advance instead of 30 days. The Methyl Bromide fumigation system too has been limited to fewer items.

B. HIGHLIGHTS OF NEW PLANT QUARANTINE ORDER 2003

1. Plant Quarantine (Regulation of Import in to India) Order, 2003:

·         The Order has come into force on 01.01.2004

·         No Phytosanitary Certificate to be issued for more than two commodities

·         Common name and scientific names to be recorded on Import Permit and Phytosanitary Certificate

·         Additional declarations to be recorded on Phytosanitary Certificate

·         New application form for Import Permit and for inspection and clearance to be adopted from 01.01.2004

2. Packing material:

Phytosanitary Certificate is required for packing material also under sub-clause (22) PQ clause 3. This part of the order will into force from 1 April, 2004.

3. Prohibitions:

No consignment consisting of 14 types of plant material is allowed for import from specified sources due to prevalence of pests in the region. The list of these is in the file Prohibited plant material under schedule IV. Import of these is allowed only imported from countries mentioned against each in column (4) of the said schedule.

4. Import Permit:

a)  Import Permit application is to be made at least seven days advance. (Clause 3 (3) of PQ Order)

b) The import permit is to be issued subject to such restrictions and conditions prescribed under schedules V, VI and VII.

c)  No amendment of IP is allowed except for change of point of entry clause (Clause3 (10) of PQ Order)

d) The import permit issued shall be valid for six months from the date of issue and valid for a total of three part shipments provided the exporter, importer and country of origin are the same for the entire consignment.

5. Seeds:

Commercial import of seeds of cereals, pulses, oilseeds, fodder and seed/stock material of fruit plant species for propagation shall be permitted by the Department of Agriculture Co-Operation. (Clause 3 (4) of PQ Order)

6. Phytosanitary Certificate:

a)  Phytosanitary certificate should include the import permit number. One copy of Import Permit to be forwarded to exporter (by importer) in advance to facilitate incorporation of import permit number in the Phytosanitary Certificate’s issued by exporting country.

b) No consignment to be allowed without Phytosanitary Certificate issued by an authorized officer at the country of origin. (clause3 (20) of PQ Order)

c) No consignment packed in any packaging material shall be permitted to be imported unless appropriately treated and the treatment to be endorsed on Phytosanitary Certificate. (clause 3 (21) of PQ Order)

d) No articles packed with packaging material shall be released by customs unless accompanied by a Phytosanitary Certificate. If Phytosanitary Certificate is not there the customs shall refer the consignment to PQ officer for clearance from quarantine angle. (Clause3 (22) of PQ Order)

7. Pest Risk Analysis:

No import permit for consignments other than those listed in schedules V, VI and VII (Restricted goods with conditions) unless the Pest Risk Analysis is carried out. Application to be made to Plant Protection Adviser (PPA) for products other than those listed/permitted. (Clause 3 (7) of PQ Order)

8. Quarantine weeds:

a)  No consignments of seed or grain to be permitted with contamination of quarantine weeds listed in schedule VIII unless the consignment has been devitalized by the exporting country and a certificate to that effect has been endorsed in the Phytosanitary Certificate. (clause 3 (12) of PQ Order)

b)  No consignment of plants and plant products if found infested or infected with a quarantine pest or contaminated with noxious weed species shall be permitted to be imported. (Clause 8 (1) of PQ Order)

c)   List of quarantine weeds (1 to 61)

9. Relaxation Order: Power of relaxation of conditions of this order in relation to the import of any consignment lies with the Central Government (Clause 14 (1&2) of PQ Order).

10. Fumigation:

Where fumigation or disinfestations or irradiation is required, it is be arranged by importer at his /her own cost through an agency approved by Plant Protection Advisor under supervision of an authorized officer. (Clause 3 (17) of PQ Order)

11. Deportation and destruction:

Responsibility of importer to arrange deportation or destruction of the consignment. (Clause 3(18) of PQ Order)

12.  Live Insects:

Import permit for live insects, microbial cultures including mushroom to be issued by Plant Protection Adviser (PPA).  (Clause 7 (1) of PQ Order).

13. Special permit required for the import of soil (Permit for import of soil/peat or sphagnum moss/other growing media of plant origin)

14. Special permit required for the import of GMOs for research purpose

15. Special permit required for import of live insects and microbial cultures (Permit for import of live insects/mites/nematodes/microbial cultures including algae/bio-control agents)

16. Inspection fees and fumigation fees payable at the point of import.

17. Timber:

Conditions for timber import. Clause 9 (1(a & b) and 2) of PQ Order)

18.  Special conditions for import of plant species.

Plant species mentioned in Schedules V and VI shall not be permitted to be imported except subject to such restrictions and conditions

a)  Beans-Urd-seeds for consumption-additional declaration-free from bruchid and fumigated with methyl bromide and endorsed on Phyto Sanitary Certificate

b) Broad beans-Kala matar or Bakla-seeds for consumption-additional declarations-free from stem and bulb nematode and soybean cyst nematode and fumigated with methyl bromide and endorsed on Phytosanitary Certificate.

c) Citrus species (Lime, orange, grapefruit mandarins etc). Fresh fruits for consumptions-Country specific additional declarations

d) Chickpea-Gram-seeds for consumption-fumigated with Methyl bromide and endorsed on Phytosanitary Certificate

e) Cow pea-iobia-seeds for consumption-fumigated with MBr and endorsed on Phytosanitary Certificate.

f) Date palm (dry dates)-consumption-additional declaration-free from Palm kernel borer (Pachymerus laceradae) and fumigated with Methyl bromide and endorsed on Phyto Sanitary Certificate

g)  Raisins (dried grapes)-Fumigated with Methyl bromide and endorsed on Phytosanitary Certificate

h)  Pea-seeds for consumption-3 additional declarations and fumigated with MBr and endorsed in Phytosanitary Certificate.

i)  Stone fruits such as plum, peach, cherry, apricot, almond-fresh fruits for consumptions 10 additional declarations

j)   Dry fruits for consumptions-Should be Fumigated with MBr and endorsed on Phytosanitary Certificate.

k)   Timber Logs with bark - (Chest, elm, oak, pine)- additional declarations and fumigated. Pine logs with bark or wood prohibited from North America (Canada, USA), Asia (China, Hong Kong, Japan, Korea, Taiwan)

19. Conditions for Export of Specified goods (Schedule VII) (List of Plants/Plant Material, where Import is permitted only by Authorized institutions with additional declarations and special Conditions)

a)  Spices and condiments (1 to 33) permitted on the basis of PSC issued by the exporting country subject to inspection and fumigation if required and as per all other general conditions

b) Dry fruits (23 to 25 Pistachio, Cashew nuts (raw) and figs (dried) permitted on the basis of Phytosanitary Certificate issued by exporting country subject to inspection and fumigation if required and all other general conditions

c)  Medicinal herbs (26 to 50) with above conditions

d) Narcotics and beverages (51 to 55) with above conditions

e) Timber Logs and timber products (56 to 71) with above conditions

f) Miscellaneous plant products (72 to 81)% with above conditions

C. AGRICULTURE PERMIT- PROCEDURE FOR ISSUE

1. Apply in form PQ 1 (Application for permit to import plants/plant products) Demand Draft/Banker's cheque/pay order for Rs.150/- (One Hundred and Fifty only) drawn in favour of the respective authority. 

2. The permit is valid for six months from the date of issue and can be revalidated for another six months on request.

3. Apply to the relevant authority in the Schedule-X Plant Quarantine Order (List of Permit Issuing Authorities for Import of Seeds, Plants and Plant Products and Other Articles)

4. The import permit is issued in duplicate of which one copy should be forwarded to exporters for getting the phytosanitary requirements incorporation in the Phytosanitary Certificate issued at the country of origin.

5. The permit is not transferable.

6. The importer shall clearly specify the Botanical/Common name of the commodity and type of plant material intended to be imported at the time of submission of application.

7. The permit is valid only for the import of commodity from concerned country of origin and for concerned port of entry.

8. The importer shall intimate immediately to the permit issuing authority any change of address.

9. Import permits are not issued for landed consignments.

D. AGRICULTURE PERMIT FOR SOWING

The Plant Quarantine Order also requires plants, fruits and seeds for sowing to go through quarantine in India and also post entry quarantine checks in areas where the material is being used for planting, sowing and propagations.

The procedure for this is:

1. Apply in form PQ 02 (Application for Permit to Import Plants/Plant Materials for Sowing/Planting/Propagation)

2. Recommendation from EXIM Committee of Department of Agriculture and Co-operation required.

3. Apply to the relevant authority in the Schedule-X Plant Quarantine Order (List of Permit Issuing Authorities for Import of Seeds, Plants and Plant Products and Other Articles)

4. Attach application fee of Rs-300/- in favour of the competent authority.

E. Phytosanitary Certificate

Plant Quarantine system under which agriculture commodities must be accompanied by a Phytosanitary Certificate issued in the country of origin. The goods upon entry into India are subjected to plant quarantine inspection and treatment against a fee. The specific items covered are:

(a) Plants/planting material (cutting, sapling, budwood etc, bulbs, tubers, corns, rhizomes)

(b) Dry fruits, fresh fruits, vegetables, seeds, soil, earth, clay. More details are in Plant Quarantine Import Order, 2003.

F. PLANT QUARANTINE ORDER 2003

The highlights of this are given in the beginning of this section.

G. ANNEXURES OF PLANT QUARANTINE ORDER 2003