Voluntary Report - Public distribution

**Date:** 7/9/2008

**GAIN Report Number:** TH8109

TH0001

**Thailand**

**Sanitary/Phytosanitary/Food Safety**

**Import Procedures Under the New Plant Quarantine Act**

**2008**

**Approved by:**

![](media/image1.wmf)Gary Meyer, Agricultural Counselor

U.S. Embassy

**Prepared by:**

Sakchai Preechajarn, Agricultural Specialist

**Report Highlights:**

On June 27, the Thai Department of Agriculture (DOA) conducted a public
consultation covering draft procedures and requirements for importing
plant products under the new Plant Quarantine Act (No. 3) B.E. 2551. The
Act is scheduled to be in place by August 28, 2008. However 19 U.S.
products have been granted a waiver to the new requirements pending DOA
review of industry PRA's.

Includes PSD Changes: No

Includes Trade Matrix: No

Trade Report

Bangkok \[TH1\]

\[TH\]

I.  **Background**

On March 1, Thailand's new Plant Quarantine Act (No. 3) B.E. 2551 was
published in the Royal Gazette after being endorsed by the King on
February 19. This new act combined previous Ministerial Notifications
from 2007 requiring Pest Risk Assessments for imported plant materials
as well as established broader powers for the Plant Quarantine
Committee. The details of the Act can be seen at
[TH8047](http://www.fas.usda.gov/gainfiles/200803/146294052.pdf). The
Act is scheduled to be in place by August 28, 2008.

The Committee on Plant Quarantine under the Department of Agriculture
(DOA) is currently the process of finalizing four draft notifications
parallel to the Plant Quarantine Act (No. 3) B.E. 2551. These draft
notifications are scheduled to be finalized and implemented by the
August 28 deadline. Out of these notifications, the Notification on
Principle, Procedure, and Conditions for Importation or Transmission of
Prohibited Articles, Restricted Articles, and Non-prohibited Articles
has the greatest bearing on trade as it covers all necessary import
procedures under the new Act.

Under the mentioned notification, there are three categories of plant
articles to be classified, including prohibited articles, restricted
articles, and non-prohibited articles, which are subject to different
import procedure and requirements.

II. **The Content of Draft Regulation**

The following details cover import procedures and requirements for the
plant article categories under the Notification on Principle, Procedure,
and Conditions for Importation or Transmission of Prohibited Articles,
Restricted Articles, and Non-prohibited Articles:

A.  **Importation or Transit of Prohibited Articles**

A list of prohibited articles are indicated in the earlier Notification
of Ministry of Agriculture and Cooperatives entitled "Specification of
plant pests and carriers from certain sources as prohibited articles
under the Plant Quarantine Act B.E. 2507 (1964) (No 5) B.E. 2550 (2007)
and Notification of Ministry of Agriculture and Cooperatives entitled
"Specification of plant pests as prohibited articles under the Plant
Quarantine Act B.E. 2507 (1964) (No 6) B.E. 2550 (2007) (See
[TH7073](http://www.fas.usda.gov/gainfiles/200706/146291332.pdf)).
Import procedures and conditions for prohibited articles vary according
to the purpose of import.

0.  *1.1 Imported for Experiment or Research*

An importer must apply for an import permit to the DOA. The DOA also
requires that:

1)  The point of entry for imported article must be a plant quarantine
    station. The article shipment must also be accompanied by an import
    permit and phytosanitary certificate or certificate on plant pests
    or is endorsed by an authorized agency in exporting country. In case
    of importation of prohibited plants or carriers, the certification
    must indicate a pest-free status, pest eradication, or percentage of
    allowable pest level on each of the various types of pest as
    determined by the Director General (of DOA). In case of importation
    of prohibited plant pests, the certification must indicate that the
    pests are the same types as those indicated in the import permit.

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2)  The container of imported article must be strong and in good
    condition.

3)  Package or container of the article must be labeled with a sticker
    as provided by the Department (DOA) and be addressed to the Director
    General or Chief of Plant Quarantine Station.

4)  The article must be imported through the plant quarantine stations
    determined as a point of entry including; a) Bangkok Seaport Plant
    Quarantine Station, b) Suvarnabhumi International Airport Plant
    Quarantine Station, and c) Bangkok Post Office Plant Quarantine
    Station.

In addition, for prohibited articles imported for research purposes, the
importer must report research results to the Director General after the
research is complete and destroy the imported article.

Note: Importation of prohibited articles which are genetically modified
organism must comply with import procedures and conditions as determined
by the Director General.

0.  *1.2 Imported for Commercial Purpose*

Prohibited articles imported for commercial purposes must be subject to
an approved Pest Risk Analysis (PRA) as determined by the Director
General. An importer must apply for an import permit prior to
importation. The DOA also requires that:

1)  Any plant quarantine station can be a point of entry for imported
    article. The article shipment must also be accompanied by an import
    permit and phytosanitary certificate endorsed by an authorized
    agency in exporting country. The certification must contain
    statements that fully meet determined requirements.

2)  Upon an arrival at a plant quarantine station, the importer or
    representative must notify the station's official inspector. In case
    that the article will be transmitted to the third country, the
    importer must notify an official inspector.

3)  The notified official inspector will review all documents. If the
    documents comply with the determined import requirements, the
    shipment can be released.

4)  While the plant quarantine officer inspects the imported article,
    the official has a right to hold or confiscate the shipment at the
    plant quarantine station facilities or other determined places. If a
    prohibited pest is found, the officer will order the importer or
    owner to conduct pest eradication or destroy or transmit article out
    of the country.

    0.  *1.3 Imported for Other Purposes*

The prohibited article imported for other purposes must be subject to a
Pest Risk Analysis (PRA) as determined by the Director General. An
importer must apply for an import permit prior to importation. The DOA
also requires that any plant quarantine station can be a point of entry
for imported article. The article shipment must also be accompanied by
an import permit and phytosanitary certificate endorsed by an authorized
agency in exporting country.

1.  *1.4 Transit of Prohibited Articles to the Third Country*

The DOA requires that:

1)  Transit of prohibited article must be subject to an approved Pest
    Risk Analysis (PRA) as determined by the Director General.

2)  Any plant quarantine station can be a point of entry for an imported
    article. The shipment must also be accompanied by an import permit
    and phytosanitary certificate or certificate on plant pests or
    carriers endorsed by an authorized agency in exporting country.

    A.  **Importation or Transit of Restricted Articles**

A list of restricted articles are available in the earlier Notification
of Ministry of Agriculture and Cooperatives entitled "Specification of
plant pests and carriers from certain sources as restricted articles
under the Plant Quarantine Act B.E. 2507 (1964) B.E. 2550 (2007). See
[TH7073](http://www.fas.usda.gov/gainfiles/200706/146291332.pdf). The
DOA requires that:

1)  The point of entry for imported article must be a plant quarantine
    station. The article shipment must also be accompanied by an import
    permit and phytosanitary certificate endorsed by an authorized
    agency in exporting country. The certification must indicate the
    pest-free status, pest eradication, or percentage of pest level deem
    to be allowed on each various types of pest as determined by the
    Director General (of DOA).

2)  Upon an arrival at a plant quarantine station, the importer or
    representative must notify the station's official inspector. In case
    that the article will be transmitted to the third country, the
    importer must notify an official inspector.

3)  The notified official inspector will review all documents. If the
    documents comply with the determined import requirements, the
    shipment can be released.

4)  While the plant quarantine officer inspects an imported article, the
    official has a right to hold or confiscate the shipment at the plant
    quarantine station facilities or other determined places. If a
    prohibited pest is found, the officer will order the importer or
    owner to conduct pest eradication or destroy or transmit article out
    of the country.

    A.  **Importation or Transit of Non-Prohibited Articles**

The DOA requires that any person importing or transiting non-prohibited
article must provide a phytosanitary certificate to a plant quarantine
officer upon shipment arrival.

Although the Plant Quarantine Act (No. 3) B.E. 2551 is scheduled to be
effective on August 28, 2008, the new import procedures and conditions
under the notification will be effective 180 days after being officially
published in the Royal Gazette. The table below highlights import
requirements after the notification will be in place:

+-----------------------+---------+---------+----------+-------------+
|                       | PRA     | Import  | PC       | Specific    |
|                       | A       | Permit  |          | condition   |
|                       | pproval |         |          |             |
+-----------------------+---------+---------+----------+-------------+
| Prohibited Articles:  | √       | √       | √        | -   Limit   |
|                       |         |         |          |     point   |
| -   imported for      | √       | √       | √        |     of      |
|     experiment and    |         |         |          |             |
|     research          | √       | √       | √        | Entry (POC) |
|                       |         |         |          |             |
| -   imported for      |         | √       | √        | -   No      |
|     commercial        |         |         |          |     limit   |
|                       |         |         |          |     POC     |
| -   imported for      |         |         |          |             |
|     other purpose     |         |         |          | -   No      |
|                       |         |         |          |     limit   |
| ```{=html}            |         |         |          |     POC     |
| <!-- -->              |         |         |          |             |
| ```                   |         |         |          | -   No      |
| -   transit to the    |         |         |          |     limit   |
|     3^rd^ country     |         |         |          |     POC     |
+-----------------------+---------+---------+----------+-------------+
| Restricted Articles   |         | √       | √        | -   No      |
|                       |         |         |          |     limit   |
| (import or transit)   |         |         |          |     POC     |
+-----------------------+---------+---------+----------+-------------+
| Non-Prohibited        |         |         | √        | -   No      |
| Articles              |         |         |          |     limit   |
|                       |         |         |          |     POC     |
| (import or transit)   |         |         |          |             |
+-----------------------+---------+---------+----------+-------------+

Note: 1) Based on Section 11 in the new Plant Quarantine Act (No. 3)
B.E. 2551, any importer of non-prohibited articles must have a
phytosanitary certificate accompany the shipment beginning on August 28,
2008.

2\) The content of the official notification may differ slightly from
the draft presented in this report since the Committee on Plant
Quarantine may consider feedback from a public hearing into its draft
notification. In addition, the reader should keep in mind that this
report is intended to highlight the content of the new notification, but
not provide a full translation of the notification.

III. **Status of Import Requirements for U.S. Products after
     Implementation**

The U.S. Department of Agriculture successfully requested the Thai DOA
waive PRA requirement under the "Transitory Provisions" in Notification
of Ministry of Agriculture and Cooperatives entitled "Specification of
plant pests and carriers from certain sources as prohibited articles
under the Plant Quarantine Act B.E. 2507 (1964) (No 5), B.E. 2550
(2007). See
[TH7073](http://www.fas.usda.gov/gainfiles/200706/146291332.pdf). The
DOA has agreed to the waiver request for the following products
(articles) from the U.S.; 1) apple, 2) apricot, 3) cherry, 4) currant,
5) fig, 6) grape, 7) nectarine, 8) peach, 9) pear, 10) plum, 11) prune,
12) strawberry, 13) seed potato, 14) table potato, 15) sorghum grain,
16) sorghum seed, 17) sweet pepper, 18) corn seed, and 19) eggplant.

As a result of a PRA waiver, all 19 U.S. products would be subject to
previous import requirements. This means that **all import requirements
under the Plant Quarantine Act (No. 3) B.E. 2551 and upcoming
Notification on Principle, Procedure, and Conditions for Importation or
Transmission of Prohibited Articles, Restricted Articles, and
Non-prohibited Articles do not affect these 19 U.S. products until the
PRAs for these products are completed.**

Under the previous guidelines, seed potato, table potato, and, corn
seed, are classified as **restricted articles**, requiring only a
phytosanitary certificate for import. Apple, apricot, cherry, currant,
fig, grape, nectarine, peach, pear, plum, prune, strawberry, sorghum
grain, sorghum seed, sweet pepper, and eggplant are classified as
**non-prohibited articles**, neither requiring an import permit or a
phytosanitary certificate for import. All other U.S. products which are
not on the waiver list are subject to the Plant Quarantine Act (No. 3)
B.E. 2551 and upcoming Notification on Principle, Procedure, and
Conditions for Importation or Transmission of Prohibited Articles,
Restricted Articles, and Non-prohibited Articles.

End of Report.