2021-06-03
OBJECTS AND REASONS
This Bill would provide for the protection of plant resources by preventing the
introduction and controlling the spread of plant pests to facilitate trade in plants
and plant products in accordance with the obligations under the World Trade
Organisation Agreement on the Application of Sanitary and Phytosanitary
Measures, the International Plant Protection Convention and the International
Standards on Phytosanitary Measures; and for related matters.
    Arrangement of Sections
PART I
PRELIMINARY
Short title
Interpretation
PART II
ADMINISTRATION
Powers of the Minister
Chief Agricultural Officer
Establishment of the National Plant Protection Organisation
Functions of the Organisation
Delegation of functions of Organisation
Appointment of Plant Protection Inspectors
Designation of official laboratory and official analyst
Advisory Working Group
Resignation or removal of members of Advisory Working Group1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.2Phytosanitary Emergency Fund.
Register
Principles for the approval and implementation of phytosanitary measures
Duty to assist and co-operate
Review and audit
PART III
IMPORTS
Restrictions on import
Import permit
Duty to declare regulated articles brought in person
Inspection on importation
Border inspection facility
Detention or destruction of imports
Release of imports
Minister may restrict certain imports
Plant quarantine stations
Duty to report and seize certain imports12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.3PART IV
EXPORTS AND CONSIGNMENTS IN TRANSIT
Restriction on exports
Issuance of a phytosanitary certificate
Re-export
Transit
Arrival notifications
PART V
CONTAINMENT AND ERADICATION OF PESTS
Phytosanitary control measures
List of pests
Duty to notify Organisation
Surveillance
Declaration of provisional quarantine
Declaration of quarantine
Procedure when quarantine pest on premises
Service of quarantine notice in absence of occupier
Duration of quarantine notice27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.4Declaration of phytosanitary emergency
Lifting of quarantine
Declaration of pest free or low pest prevalence area
Pest free places of production and pest free production sites
PART VI
ENFORCEMENT
Powers of a Plant Protection Inspector
Notice of seizure.
Storage or removal of affected items.
Confiscation and disposal of unclaimed items
Appeals
PART VII
OFFENCES AND PENALTIES
Offences.
Liability of officials.
Procedure for offences
Evidence
Forfeiture41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.5Limitation on liability
Good faith defence
Administrative penalty
Fixed penalty notice for prescribed offences
Unpaid administrative fine or fixed penalty to constitute a debt to the
Crown
Powers of the Chief Agricultural Officer in administrative proceedings
Compensation.
PART VII
MISCELLANEOUS
Control of waste from vessels
Charging of fees
Documents
Regulations
Repeal.
Act binds Crown.
Commencement55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.6BARBADOS
A Bill entitled
An Act to provide for the protection of plant resources by preventing the
introduction and controlling the spread of plant pests to facilitate trade in plants
and plant products in accordance with the obligations under the World Trade
Organisation Agreement on the Application of Sanitary and Phytosanitary
Measures, the International Plant Protection Convention and the International
Standards on Phytosanitary Measures; and for related matters.
ENACTED by the Parliament of Barbados as follows:PART I
PRELIMINARY
Short title
This Act may be cited as the Plant Protection Act, 2021 .
Interpretation
In this Act,
“affected” means infected or infested with a pest;
“area”  means an officially defined whole or part of Barbados and includes a place
or site of production;
“area of low pest prevalence” means an area, whether all or part of Barbados or
all or parts of several countries, as identified by the competent authorities,
in which a specific pest is present at low levels and which is subject to effect
surveillance or control measures;
“area under cultivation” includes a field, plantation, nursery, garden, green house
and laboratory;
“beneficial organism” means any organism (including fungi, bacteria, viruses,
virus-like organisms and invertebrate or other animals) which is identified
by a competent authority to be directly or indirectly advantageous to flora
or agricultural production;
“consignment”  means a quantity of plants, plant products or other regulated
articles (which may be composed of one or more commodities or lots) being
moved from one country to another and covered, when required, by a single
phytosanitary certificate;
“consignment in transit” means a consignment which passes through a country
without being imported, and may be subject to phytosanitary measures;1.
2.(1)8“contain”  means to apply phytosanitary measures in and around an affected area
to prevent the spread of a pest;
“container”  means a box, bag, wrapper, covering or other receptacle in which
any plant, plant products or other regulated articles that may carry pests has
been or is being transported;
“control”  means the suppression, containment or eradication of a pest population;
“conveyance”  means any vessel, aircraft, vehicle, cart, container, animal or other
thing that can convey a plant, plant product, pest, beneficial organism or
other regulated article from one place to another;
“detain”  means to keep a consignment in official custody or confinement as a
phytosanitary measure;
“emergency measure”  means a phytosanitary measure established as a matter of
urgency in a new or unexpected phytosanitary situation and an emergency
measure may or may not be a provisional measure;
“endangered area” means an area where ecological factors favour the
establishment of a pest whose presence in the area will result in
economically important loss;
“entry”
in relation to a pest, means the movement of a pest into an area where
it is not yet present, or present but not widely distributed and being
officially controlled;
in relation to a consignment, means the movement of the consignment
through a port of entry into an area;
“eradicate”  means to apply phytosanitary measures to eliminate a pest from an
area;
“establishment”  means the perpetuation, for the foreseeable future, of a pest
within an area after entry;(a)
(b)9“export”  means to send outside Barbados to another country any plant, plant
product, pest, beneficial organism or other regulated article by means of a
conveyance;
“exporter”  means any person who, whether as owner, consignor, consignee,
agent, broker or otherwise, is in possession of, or in any way is entitled to
the custody or control of any plant, plant product, beneficial organism or
other regulated article to be taken out of Barbados for arrival in another
country;
“Fund” means the Phytosanitary Emergency Fund established by section 12;
“germplasm”  means a plant intended for use in breeding or in a conservation
programme;
“import”  means to bring into Barbados from another country any plant, plant
product, pest, beneficial organism or other regulated article by means of a
conveyance;
“import permit” means an official document or its electronic equivalent
authorizing the importation of a commodity in accordance with specified
phytosanitary import requirements;
“importer”  means a person who, whether as owner, consignor, consignee, agent,
broker or otherwise, is in possession of or in any way is entitled to the
custody or control of any plant, plant product, pest, beneficial organism or
other regulated article landed or likely to be landed in Barbados from country
outside Barbados;
“infestation” means the presence in a commodity of a living pest of the plant or
plant product concerned and includes an infection;
“inspection”  means official visual examination of a plant, plant product or other
regulated article to determine if pests are present or to determine compliance
with phytosanitary requirements;
“inspector”  or “Plant Protection Inspector” means a person designated or
appointed under section 8;10“introduction”  means the entry of a pest resulting in its establishment in
Barbados;
“IPPC”  means the new Revised Text of the International Plant Protection
Convention;
“IPPC Secretariat” means the Secretariat of the Commission on Phytosanitary
Measures established under the International Plant Protection Convention;
“Minister” means the Minister responsible for Agriculture;
“Ministry” means the Ministry responsible for Agriculture;
“national pest of concern” means a non-regulated pest with a significant
economic impact the biological and epidemiological characteristics of
which determine that its control in Barbados must be performed beyond a
local level and requires the official intervention of the National Plant
Protection Organisation for its management within Barbados, for technical
coordination or for enforcement;
“National Plant Protection Organisation” means the Government unit,
department or office designated by the Minister under section 5;
“occupier”  in relation to any land or building, means a person in actual occupation
thereof;
“official control” means the active enforcement of mandatory phytosanitary
requirements and the application of mandatory phytosanitary procedures
with the objective of
the eradication or containment of quarantine pests; or
the management of regulated non-quarantine pests;
“Organisation” means the National Plant Protection Organisation;
“outbreak” means
a recently detected pest population, including an incursion, in an area;
or(a)
(b)
(a)11a sudden significant increase of an established pest population in an
area;
“owner”  manes any person having for the time being the possession, custody or
control of a plant, plant product or other regulated article;
“packaging”  means any material used in supporting, protecting or carrying a
plant, plant product or other regulated article;
“pest”  means any species, strain or biotype of any plant, animal or pathogenic
agent injurious to a plant or plant product;
“pest free area” means an area in which a specific pest is absent as demonstrated
by scientific evidence and in which, where appropriate, this condition is
being officially maintained;
“pest risk analysis” means the process of evaluating biological or other scientific
and economic evidence to determine whether an organism is a pest that
should be regulated and the strength of any phytosanitary measures to be
taken against it;
“phytosanitary action” means
the conduct of an official procedure, including inspection, testing,
surveillance or treatment; or
official control undertaken to implement any phytosanitary measure;
“phytosanitary certificate” means an official paper document or its electronic
equivalent that is consistent with the model certificate of the IPPC stating
that a consignment meets phytosanitary import requirements and is issued
under section 28;
“phytosanitary emergency”  means an emergency declared under sections 24 (c)
and 41;
“phytosanitary measure” means any enactment, regulation or official procedure
having the purpose of preventing the introduction or spread of quarantine
pests, or limiting the economic impact of regulated non-quarantine pests;(b)
(a)
(b)12“plant” means any living plant and its parts and includes a seed or germplasm;
“plant product” means any unmanufactured material of plant origin, including
grain, and a manufactured product which, by its nature or that of its
processing, may create a risk for the introduction and spread of a pest;
“port of entry” means an airport or seaport;
“port of exit” means an airport or seaport;
“pre-shipment inspection ” means an inspection conducted in the exporting
country under the supervision of the National Plant Protection Organisation
of the importing country, before a consignment is exported, to verify that
the consignment complies with phytosantirary requirements of the
importing country;
“premises”  includes any building or other structure, permanent or otherwise,
together with the land on which the same is situated and any adjoining land
situated in Barbados;
“processing”  means the act of washing, peeling, scraping, mincing, scrubbing or
any other method used on any plant, plant product or other regulated article;
“quarantine”  means official confinement of plants, plant products or other
regulated articles for observation and research or for further inspection,
testing or treatment;
“quarantine area” means an area where a quarantine pest is present and is being
officially controlled;
“quarantine pest” means a pest of potential economic importance to the area
endangered thereby and not yet present there, or present but not widely
distributed and being officially controlled and declared as such by
regulations;
“regular business hours” means the normal working hours of a Government office
in Barbados;13“regulated article” means any plant, plant product, storage place, packaging,
conveyance, container, soil and any other organism, object or material
capable of harbouring or spreading pests, deemed to require phytosanitary
measures, particularly where international transportation is involved, and
includes a beneficial organism;
“regulated non-quarantine pest” means any pest which is not a quarantine pest
and whose presence in a plant for planting affects the intended use of the
plant with an economically unaccepted impact and which is therefore
regulated in Barbados and declared as such by regulations;
“regulated pest” means a quarantine pest or a regulated non-quarantine pest;
“sell”  includes to offer, advertise, keep, store, display, transmit, consign, convey
or deliver for sale, or to exchange or dispose of to any person in any manner
whether for consideration or otherwise;
“soil”  means material wholly or partly derived from the upper layer of the earth’s
crust which is capable of sustaining plant life and which contains solid
organic substances such as parts of a plant, humus, peat or bark but excluding
any medium which is sterile, composed entirely of unused peat or otherwise
incapable of harbouring or transmitting pests;
“SPS Agreement” means the WTO Agreement on the Application of Sanitary
and Phytosanitary Measures, to which Barbados is a party;
“suppression”  means the application of phytosanitary measures in an affected
area to reduce a pest population;
“surveillance”  means an official process which collects and records data on pest
presence or absence by surveying, monitoring or other procedure;
“treatment”  means an officially authorised procedure for the killing, inactivation
or removal of pests or rendering pest infertile or devitalisation;
“vehicle”  means any vessel, aircraft, conveyance, cart, container, motor vehicle,
animal or other thing that can transport plants, plant products or other
regulated articles from one place to another;14“vessel” means any ship, aircraft or other means of travel by sea or air;
“WTO”  means the World Trade Organisation established in 1995, of which
Barbados is a member.
This section shall be interpreted in accordance with the IPPC’s
International Standard for Phytosanitary Measures No. 5 Glossary on
Phytosanitary Terms, as may be amended from time to time.
PART II
ADMINISTRATION
Powers of the Minister
The Minister shall
designate the ports of entry and ports of exit for plants, plant products
and other regulated articles subject to the provisions of any customs
enactment;
designate the ministry, department or unit that will serve as the National
Plant Protection Organisation for Barbados;
designate official and reference laboratories;
designate quarantine stations; and
declare a quarantine area and pest free area on the advice of the Chief
Agricultural Officer.
Chief Agricultural Officer
The Chief Agricultural Officer shall
be responsible for the general administration of this Act; and
report to the Minister.(2)
3.
(a)
(b)
(c)
(d)
(e)
4.(1)
(a)
(b)15The functions of the Chief Agricultural Officer shall be as follows:
to provide technical and administrative direction to the Organisation;
to make recommendations to the Minister regarding the declaration of
emergencies and the establishment of pest free areas, areas of low pest
prevalence, pest free places of production and pest-free production
sites;
to formulate proposals for the NPPO work programmes in
collaboration with other government entities;
to serve as the IPPC contact point; and
to submit to the IPPC a description of the structure of the NPPO and
of any changes to that structure.
Establishment of the National Plant Protection Organisation
There is established an Organisation to be known as the National Plant
Protection Organisation.
In accordance with section 3, the Minister shall issue a Notice published
in the Official Gazette  identifying the ministry, department or unit that shall serve
as the Organisation and shall transmit the name of that ministry, department or
unit to the IPPC Secretariat.
The Minister shall assign individuals from time to time to serve as members
of the Organisation.
Functions of the Organisation
The functions of the Organisation shall include
the implementation of the IPPC together with the following
responsibilities:
issuing phytosanitary certificates;(2)
(a)
(b)
(c)
(d)
(e)
5.(1)
(2)
(3)
6.(1)
(a)
(i)16carrying out surveillance of any ornamental and growing plant,
including areas under cultivation and wild flora, and of any
plant and plant product in storage or in transport, for the
purpose of reporting the occurrence, outbreak and spread of
pests, and of controlling those pests;
inspecting any consignment of a plant and plant product and,
where appropriate, inspecting any other regulated article, for
the purpose of preventing the introduction and spread of pests;
conducting pre-shipment inspections;
supervising the treatment and consignment of any plant, plant
product and other regulated article;
protecting endangered areas, and designating, maintaining and
surveying pest free areas and areas of low pest prevalence;
conducting pest risk analyses;
providing information to other countries concerning
phytosanitary measures applied, either through pest risk
analysis or by reference to applicable international standards;
notifying trading partners of relevant instances of non-
compliance with import requirements that may be prescribed;
ensuring the phytosanitary security of consignments after
certification and before export;
establishing auditing and trace-back procedures for any plant,
plant product and other regulated article for phytosanitary
certification;
establishing minimum qualifications for and overseeing the
training and development of inspectors and other Organisation
staff;(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)17distributing information regarding regulated pests and the
means of their prevention and control;
proposing, reviewing, preparing and enforcing phytosanitary
measures and other necessary enactments;
notifying phystosanitary measures to other countries in
accordance with international obligations;
providing information regarding import and export regulations
in force, and technical requirements for any plant, plant product
and other regulated article, on the request of any interested
international, regional or other national plant protection
organisation;
conducting research and investigation in the field of plant
protection;
preventing and controlling the introduction of regulated pests;
restricting the movement and spread of regulated pests and
national pests of concern;
controlling all plant pests, including living modified
organisms, biological control agents and invasive alien species;
developing a list of quarantine pests, regulated non-quarantine
pests, regulated articles and pests of national concern and
regularly updating and publishing those lists;
requiring phytosanitary action as conditions or prohibitions for
the importation of plants and plant products and other regulated
articles;
establishing and implementing certification programmes for
planting material and plant products;
issuing import permits;
establishing internal operations manuals; and(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)18establishing and maintaining registers of operators, including
importers, exporters, nurseries, farmers and phytosanitary
service providers;
the enforcement of this Act, as well as of any other enactment relating
to plant protection as the Minister may direct;
the development of pest diagnostic, investigative and analytical
capabilities;
the administration of laboratories, plant quarantine stations and other
phytosanitary facilities;
the establishment of procedures for the accreditation of any official
laboratory, plant quarantine station, official analyst or any other
institution or person from the public or private sector involved in
phytosanitary matters;
carrying out and supervising the treatment and consignment of any
plant, plant product and other regulated article including disinfesting
or disinfecting; and
any other function that the Minister considers necessary for the
purposes of this Act.
In order to carry out the functions under subsection (1), the Organisation
shall
be staffed with plant protection inspectors with experience in pest
diagnostics; and
be equipped with
inspection and testing facilities; and
tools and equipment
for the detention, treatment and destruction of intercepted consignments.(xxvi)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(a)
(b)
(i)
(ii)19Delegation of functions of Organisation
The Chief Agricultural Officer may, by instrument in writing, and with
the approval of the Minister, designate any person with the prescribed
qualifications to perform the functions of the Organisation but shall not delegate
the following functions:
official liaison duties with other ministries or foreign authorities or any
notification responsibilities to other ministries or foreign authorities;
granting approval of phytosanitary measures or requirements.
Notwithstanding subsection (1), the issuance of phytosanitary certificates
shall not be delegated to a private person.
The Chief Agricultural Officer may delegate any qualified public officer
who is not a member of staff of the Organisation to issue phytosanitary certificates
under the direct supervision of the Organisation.
Where the Chief Agricultural Officer delegates functions of the
Organisation, in accordance with subsection (1), to an individual or public or
private entity, the instrument shall include the following:
the duration of the delegation;
the specific tasks to be covered by the delegation;
the control, supervision and financing of the delegation;
the competencies and skills required by the person or entity to whom
the function has been delegated; and
the conditions of withdrawal of delegations.
Appointment of Plant Protection Inspectors
The Minister may, on the advice of the Chief Agricultural Officer by
instrument in writing, appoint an officer of the Organisation who meets the7.(1)
(a)
(b)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
8.(1)20prescribed qualifications, to be a Plant Protection Inspector for the purposes of
this Act.
Where an officer designated as a Plant Protection Inspector in accordance
with subsection (1) has any actual or reasonably perceived interest in a matter or
other action to be taken by the Organisation, whether that interest is direct or
indirect, he shall communicate that interest to the Chief Agricultural Officer, and
where that interest is in conflict with the impartiality and independence of an
inspector, the Chief Agricultural Officer shall recommend to the Minister to
withdraw the appointment of that officer as a Plant Protection Inspector.
Designation of official laboratory and official analyst
For the purposes of this Act, the Minister shall on the recommendation
of the Chief Agricultural Officer designate
a laboratory to be an official laboratory; and
an analyst to be an official analyst;
An official laboratory or official analyst designated under subsection (1)
shall be impartial and independent.
Advisory Working Group
There is established an Advisory Working Group which shall advise
the Minister and the Organisation on issues of plant protection and shall be
responsible for
advising on phytosanitary policy;
making recommendations for the enactment of legislation;
assisting in the determination of criteria for the declaration of a
phytosanitary emergency under sections 24 (c) and 41;
serving as a mechanism through which emergencies can be co-
ordinated under the technical leadership of the Chief Agricultural
Officer; and(2)
9.(1)
(a)
(b)
(2)
10.(1)
(a)
(b)
(c)
(d)21serving as a mechanism for the co-ordination and consultation among
public entities or between public and private entities for the purposes
of scientific advice on phytosanitary matters.
The Advisory Working Group shall consist of 15 members comprised as
follows:
three staff members of the Ministry, including the head of the
Organisation; and
one person from each of the following:
the Ministry responsible for the environment;
the Ministry responsible for trade;
the Ministry responsible for legal affairs;
the Customs Department;
the Royal Barbados Police Force;
the University of the West Indies or other tertiary institution;
the Barbados Chamber of Commerce; and
a farmers’ organisation;
two persons representing the interests of importers; and
two persons representing the interest of exporters.
The members of the Advisory Working Group shall
be remunerated as the Minister may determine from time to time; and
serve for a period not exceeding 3 years and be eligible for re-
appointment.
nine members of the Advisory Working Group shall constitute a quorum.
The Advisory Working Group shall meet at least 3 times each year.(e)
(2)
(a)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(c)
(d)
(3)
(a)
(b)
(4)
(5)22The Advisory Working Group shall elect a Chairman at its first meeting,
which shall take place within 3 months from the date of commencement of this
Act.
The Advisory Working Group shall regulate its own procedure.
Resignation or removal of members of Advisory Working Group
The Chairman or a member of the Advisory Working Group may at
any time resign his office by instrument in writing addressed to the Minister and
from the date of receipt of the instrument that person shall cease to be a member
of the Advisory Working Group.
The Minister may terminate the appointment of the Chairman or any other
member of the Advisory Working Group.
Phytosanitary Emergency Fund.
There shall continue to be a Phytosanitary Emergency Fund which
shall be administered by the Ministry and into which funds, donations, grants,
awards and endowments given to the Advisory Working Group shall be paid to
facilitate the work of the Organisation.
All monies collected or received in accordance with subsection (1) shall
be paid into the general account of the Fund in a bank approved by the Minister
of Finance and administered in accordance with the Financial Rules.
The resources of the Fund shall be made available to the Organisation on
thee declaration of a phytosanitary emergency in accordance with sections
24(c) and 41.
Register
The Organisation shall establish a register of operators  and shall keep
records relating to imports, exports, domestic producers and nurseries of plants,
plant products and other regulated articles.(6)
(7)
11.(1)
(2)
12.(1)
(2)
(3)
13.23Principles for the approval and implementation of phytosanitary
measures
In accordance with the principles contained in the SPS Agreement,
the Organisation shall develop and implement phytosanitary measures for
Barbados which shall be
harmonized with the international standards;
technically justified through pest risk analysis or risk assessment and
science-based decisions;
least trade restrictive, necessary and proportional to the risk.
The phytosanitary measures developed in accordance with subsection (1)
shall be regularly reviewed, updated and published.
Duty to assist and co-operate
The Organisation may submit a request to a ministry or department of
Government, statutory body or private organisation for the use of its facilities
and services to assist a Plant Protection Inspector in the performance of his
functions and the exercise of his powers.
Where a request is submitted in accordance with subsection (1), the
ministry or department of Government, statutory body or private organisation,
to whom the request is made, shall assist a Plant Protection Inspector in the
performance of his functions and in the exercise of his powers.
Review and audit
The Organisation shall arrange for its own performance to be subject
to review, evaluation and audit by an external body or shall carry out a self-audit.
The Organisation shall periodically review the effectiveness of
phytosanitary measures issued under this Act.14.(1)
(a)
(b)
(c)
(2)
15.(1)
(2)
16.(1)
(2)24The Organisation shall, with the support of the Department for Co-
ordination of Agricultural Health and Food Control
monitor and evaluate the implementation of this Act; and
set out the conclusions based on the monitoring and evaluations under
paragraph (a), in a report.
The first report prepared under this section shall be published no later than
5 years after this Act comes into force and thereafter shall be published at intervals
not exceeding 3 years.
PART III
IMPORTS
Restrictions on import
A plant, plant product and other regulated article shall be imported
into Barbados only at a designated port of entry.
No person shall import a plant, plant product or other regulated article into
Barbados except
by virtue of an import permit granted under section 18(2) ;
where the plant, plant product or other regulated article is accompanied
by
an original phytosanitary certificate issued by the country of
export, where required; and
any other documentation that may be prescribed; or
where all the prescribed requirements under section 18(3) are satisfied.
A plant, plant product or other regulated article that does not comply with
the requirements under subsection (2) shall be prohibited from entry into
Barbados.(3)
(a)
(b)
(4)
17.(1)
(2)
(a)
(b)
(i)
(ii)
(c)
(3)25The Organisation shall issue phytosanitary import requirements and
measures for plants, plant products and other regulated articles which shall
apply to regulated pests;
be based on a pest risk analysis or existing international standards; and
be subject to periodic review and modified, updated or revoked as
conditions change or as new facts become available.
Where the Organisation has modified, updated or revoked a phytosanitary
import requirement or measure, the Minister shall publish those changes by
Notice published in the Official Gazette  for the benefit of an importer.
The Organisation may negotiate bilateral and multilateral agreements for
the evaluation and acceptance of alternative phytosanitary measures proposed by
the national plant protection organisation of the exporting country as being
equivalent to the phytosanitary measures required under this Act.
The Minister shall publish by Notice in the Official Gazette , the
phytosanitary requirements, measures and prohibitions under this Act and a copy
of the Notice shall be placed at the designated ports of entry.
Import permit
A person who intends to import a plant, plant product or other
regulated article into Barbados shall require a plant import permit issued by the
Organisation where that plant, plant product or other regulated article
is from a country of origin where there are confirmed or suspected
quarantine pests;
is subject to post-entry quarantine requirements;
is for a prescribed end use or for research purposes;
is required in response to a humanitarian crisis or natural disaster;
is required to be traced over a period of time; or(4)
(a)
(b)
(c)
(5)
(6)
(7)
18.(1)
(a)
(b)
(c)
(d)
(e)26is determined by the Organisation to require a plant import permit on
the basis of a pest risk analysis.
Where an import permit is required under paragraph (a) of section 17(2),
an importer shall apply to the Organisation in the prescribed manner and may be
granted a permit on the payment of the prescribed fee.
In evaluating an application for an import permit, the Organisation shall
consider existing international standards or conduct a pest risk analysis to
determine the phytosanitary requirements that would apply.
The Organisation may review, modify or revoke an import permit for a
plant, plant product or other regulated article issued under subsection (4) of
section 17 at any time by written notice in circumstances where
the type or quantity of the plant, plant product or other regulated article
has changed;
there is a change in pest status of the country of export;
the country of origin has changed; or
the period of validity of the import permit has been exceeded.
Duty to declare regulated articles brought in person
Every person who arrives in Barbados at a designated port of entry
and has in his possession any plant, plant product or other regulated article, shall
declare that plant, plant product or other regulated article to a Plant Protection
Inspector and if there is no inspector present, the declaration shall be made to a
customs officer.
The customs officer referred to in subsection (1) shall take custody of the
regulated article until such time as a Plant Protection Inspector is available to
inspect the regulated article.
The master of every vessel arriving in Barbados shall inform passengers
that they have a duty to declare any plant, plant product, or other regulated article
on arrival at a designated port of entry.(f)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
19.(1)
(2)
(3)27Inspection on importation
A person who has imported a plant, plant product or other regulated
article into Barbados, shall present it for inspection to a Plant Protection Inspector
at a designated port of entry.
Notwithstanding subsection (1) and where Barbados is not the final port
of destination, a plant, plant product or other regulated article may be inspected
by an inspector at its final port of destination:
on the application by an importer; and
if the container has been sealed and marked as prescribed.
An inspection carried out under subsection (1) or (2) is subject to the
payment of the prescribed fee.
An inspection referred to in subsection (1) or (2) shall be carried out during
regular business hours, except where the plant, plant product or other regulated
article
is in transit;
is extremely perishable;
is delayed in its arrival,
in which case, on application by the importer and on payment of the prescribed
fee, the Organisation may grant permission for the inspection to be carried out at
any other time.
Every plant, plant product or other regulated article imported into Barbados
shall be under the phytosanitary detention of the Organisation until it is officially
released by the Organisation to the importer.
The Organisation may enter into a bilateral or other agreement
for the arrangements relating to pre-shipment inspections in the country
of origin; and20.(1)
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(c)
(5)
(6)
(a)28for the evaluation, and where feasible, the acceptance of alternative
phytosanitary measures proposed by an exporting country’s national
plant protection office as being equivalent to the phytosanitary
measures required by the Organisation.
Border inspection facility
The Minister shall establish standards and requirements for border
inspection facilities on the advice of the Chief Agricultural Officer.
The responsible authority or owner or operator of a border inspection
facility  shall provide and maintain adequate areas and offices, including
buildings, furnishings and fixtures, for the purpose of inspecting a plant, plant
product or other regulated article or for any other purpose related to the
administration of this Act, where required in writing by the Minister.
The Minister may
cause to be made, improvements he considers desirable to any area,
office, or other facility provided pursuant to subsection (1);
post, on or about the area, office, or other facility for as long as is
required, a notice of the requirements of this Act.
Where the owner or operator of a border inspection facility fails to comply
with a request made under subsection (2), the Minister may cause the construction
or repairs to be carried out and the owner or operator shall be liable for all
reasonable costs incurred.
Detention or destruction of imports
If, on an inspection carried out in accordance with section 20, the
inspector determines that the imported plant, plant product or other regulated
article
is not accompanied by the relevant documentation required under
section 17(2); or(b)
21.(1)
(2)
(3)
(a)
(b)
(4)
22.(1)
(a)29presents any risk for the introduction or spread of pests,
the inspector shall detain the item and immediately serve written notice on the
importer that part or all of the imported plant, plant product or other regulated
article may be subject, within the time period specified in the notice, to
detention until the receipt of the relevant documentation is
presented within a reasonable time;
appropriate treatment in order to remove the risk;
re-exportation;
confiscation; or
destruction.
The inspector may forego notice and carry out any of the actions listed
under subsection (1) where in his opinion the destruction of the imported plant,
plant product or other regulated article is urgently required or the giving of notice
is impracticable.
Where, after its entry into Barbados or after treatment, any imported plant,
plant product or other regulated article remains unclaimed for a period of time,
as may be prescribed, the Organisation may take action to destroy the imported
plant, plant product or other regulated article.
The costs and responsibility for any action taken under subsection (1), (2)
or (3) shall be borne by the importer, except where in exceptional cases the
Organisation determines that the Crown should take responsibility for the
associated costs.
The Crown may assume financial responsibility under subsection (4)
without prejudice to its right to recover costs from the importer as a debt.
Where any action is taken under subsection (1), (2) or (3), the method used
to calculate costs charged shall be in accordance with the prescribed procedure.(b)
(i)
(ii)
(iii)
(iv)
(v)
(2)
(3)
(4)
(5)
(6)30The Crown shall not be liable for the confiscation, destruction or disposal
of any plant, plant product or other regulated article carried out in accordance
with this section.
Where the Organisation intercepts a pest or where emergency action is
required, the Organisation shall notify the exporting country of the action taken
and the grounds for such action.
Release of imports
Where on an inspection carried out under section 20, the inspector
determines that the imported plant, plant product or other regulated article does
not present any risk for the importation and spread of pests, the inspector shall
release the consignment to the importer.
Minister may restrict certain imports
The Minister, on the advice of the Chief Agricultural Officer and in
order to protect plant resources, human health, animal health or the environment,
may
permit the entry into Barbados of any plant, plant product or other
regulated article for scientific or experimental purposes, subject to such
terms and conditions that the Minister, considers appropriate;
prohibit or restrict the entry of any plant, plant product or other
regulated article;
declare a phytosanitary emergency; or
take any other necessary action to prevent the introduction or spread
of a quarantine pest and regulated non-quarantine pest.
Plant quarantine stations
The Organisation may
designate certain places as plant quarantine stations where a plant, plant
product or other regulated article may be kept for phytosanitary(7)
(8)
23.
24.
(a)
(b)
(c)
(d)
25.
(a)31observation, research, inspection, testing, treatment, detention or
destruction;
require that imported material be kept or cultivated at a plant quarantine
station, or at any other location identified by the Organisation, and kept
under the Organisation’s supervision for such time as the Organisation
considers necessary.
Duty to report and seize certain imports
A postal officer, customs officer, a member of the Police Force, a
member of the Defence Force, a postal courier or any other person who has
knowledge of the arrival or importation of any plant, plant product or other
regulated article into Barbados shall, in the absence of an inspector
detain the plant, plant product or other regulated article for inspection
by an inspector;
as soon as practicable, notify the arrival or importation to the
Organisation.
A detention carried out under subsection (1) shall be deemed to be an action
taken by or on delegation from the Organisation.
The Organisation shall take custody of any item detained under subsection
(1) within 3 days of its detention.
PART IV
EXPORTS AND CONSIGNMENTS IN TRANSIT
Restriction on exports
A person shall not export a plant, plant product or other regulated
article from Barbados unless that person
applies to the Organisation in the prescribed manner;(b)
26.(1)
(a)
(b)
(2)
(3)
27.(1)
(a)32provides to the Organisation all documentations that are prescribed;
makes the consignment available for inspection under section 28;
pays the prescribed fees
and has been granted a phytosanitary certificate.
Where a person intends to export a plant, plant product or other regulated
article from Barbados, the Organisation shall
have the sole authority for the control, issuance and revocation of the
phytosanitary certificate; and
be responsible for the phytosanitary security and integrity of a
consignment after it has been certified.
Where a phytosanitary certificate has been issued to an exporter, the
exporter shall export the consignment in accordance with the instructions of the
Organisation in order to maintain the phytosanitary security and physical
integrity of the consignment.
Issuance of a phytosanitary certificate
The Organisation shall, on an application by an exporter under section
27 and on the payment of the prescribed fee, cause an inspection of the
consignment to be carried out and
issue a phytosanitary certificate, in a form as may be prescribed, where
the consignment
meets the documentary and other requirements for import of the
country to which the consignment is to be exported; and
satisfies any other requirement for export specified by the
Organisation or under any applicable law in Barbados; or
deny the issue of a phytosanitary certificate where the requirement
specified in paragraph (a) has not been met.(b)
(c)
(d)
(2)
(a)
(b)
(3)
28.
(a)
(i)
(ii)
(b)33Re-export
Where a consignment of plants, plant products or other regulated
articles is imported into Barbados and thereafter exported to a third country of
destination, the exporter shall
apply to the Organisation for a re-export phytosanitary certificate;
provide all prescribed documentation;
make the consignment available for phytosanitary inspection; and
pay the prescribed fee.
Where an exporter makes an application in accordance with paragraph
(a) of subsection (1), the Organisation shall, immediately on the receipt of the
application, carry out a phytosanitary inspection of the consignment.
Where the inspection reveals that
the consignment is not infested; and
the documents comply with the phytosanitary requirements of the
country of destination,
the Organisation shall issue a re-export phytosanitary certificate in the prescribed
form.
The exporter shall re-export the consignment in accordance with any
instructions or directives issued by the Organisation for maintaining the
phytosanitary security of the consignment.
A consignment for re-export shall be accompanied by the original
documentation and phytosanitary certificates issued from the country of origin.
Where a consignment for re-export has, while in Barbados,
been exposed to infestation or contamination by a pest;
lost its phytosanitary security or integrity; or29.(1)
(a)
(b)
(c)
(d)
(2)
(3)
(a)
(b)
(4)
(5)
(6)
(a)
(b)34been processed to change its nature,
the Organisation shall issue a phytosanitary certificate which indicates the
country of origin and shall include the original documentation relating to the
consignment.
Where a re-export phytosanitary certificate has been issued to an exporter,
the exporter shall re-export the consignment in compliance with instructions of
the Organisation concerning the maintenance of the phytosanitary security of a
consignment.
Transit
A person who intends to transit a consignment of plants, plant products
or other regulated articles through Barbados shall apply to the Organisation in
the prescribed form and pay the prescribed fee for transit authorization.
Where the Organization receives an application for transit authorization,
the Organisation shall apply existing international standards and conduct a risk
assessment to determine whether to grant authorization for the transit of a
consignment of plants, plant products or other regulated articles through
Barbados.
The Organization shall
approve the application where it meets the prescribed requirements; or
deny the application where it fails to meet the prescribed requirements
and inform the applicant in writing of the decision.
Phytosanitary requirements shall not apply to a consignment in transit
through Barbados where
the consignment has been packed so as not to permit any risk of the
spread of regulated pests that might be present in the consignment;
the consignment as well as the accompanying documents comply with
the phytosanitary requirements of the country of destination; and(c)
(7)
30.(1)
(2)
(3)
(a)
(b)
(4)
(a)
(b)35the consignment is accompanied by the phytosanitary certificate of the
country of origin.
Arrival notifications
A customs officer shall notify the Organisation of the arrival of a
regulated article in Barbados and shall not release or dispose of that article unless
authorized to do so by the Organisation.
PART V
CONTAINMENT AND ERADICATION OF PESTS
Phytosanitary control measures
A pest free area, area of low pest prevalence, buffer zone or an area
or premises infested or suspected of being infested by a regulated pest may be
subject to the following phytosanitary control meansures:
treatment or disposal of plants, plant products or other regulated
articles, including the treatment of vehicles whether or not they have
been found to be infested;
mandatory pest control treatment;
prohibition or restriction of the movement of any plant, plant product
or other regulated article within, from or to the area or zone;
prohibition of planting or replanting specific plants in a specified
location; or
any other phytosanitary action which the Organisation thinks is
necessary.
The phytosanitary control measures specified in subsection (1) may be
applied to other pests of national concern based on the economic impact of such
pests and the potential intra-island or inter-island movement of such pests.(c)
31.
32.(1)
(a)
(b)
(c)
(d)
(e)
(2)36List of pests
The Organisation may declare a pest to be
a regulated pest based on a pest risk analysis; or
a national pest of concern, based on surveillance and the potential local
economic impact of the pest.
Where the Organisation has declared a pest under subsection (1), the
Organisation shall
prepare a list of regulated pests and national pests of concern;
maintain and periodically review the lists of regulated pests and
national pests of concern;
submit the lists of regulated pests and national pests of concern and
any subsequent amendments to the same, to the Minister for approval;
publish the lists of regulated pests and national pests of concern in
the Official Gazette ; and
submit the lists of regulated pests and national pests of concern to the
IPPC Secretariat.
The Organisation shall provide the list of regulated pests to an international
or regional Organisation or other national plant protection organisation, where a
request for the list is made from such a body.
Duty to notify Organisation
An occupier or owner of any premises who has knowledge of or
reasonably suspects the presence of a quarantine pest on the premises shall
immediately notify the Organisation.
Any person who has knowledge of or reasonably suspects the presence of
a new pest or a regulated pest, shall immediately notify the Organisation.33.(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
34.(1)
(2)37Surveillance
The Organisation, through general and specific surveillance, shall
gather the following data for regulated pests and pests of national concern:
the biology of the pest;
the distribution of the pest; and
the potential impact of the pest.
Declaration of provisional quarantine
Where a Plant Protection Inspector believes that a quarantine pest may
be present in any area or premises, he may
enter into such area or premises;
inspect any plants, plant products or other regulated articles; and
take such samples as he may consider necessary to verify the presence
of the quarantine pest.
Where an inspection under subsection (1) provides further grounds for the
inspector to believe that a quarantine pest is present in the area or premises, he
may declare that area or premises to be under provisional quarantine.
Where an inspector has declared an area or premises to be under provisional
quarantine he shall inform the Organisation in writing of the proposed measures
to limit the spread of any quarantine pest and the justification for those measures.
Where the Organisation has considered the proposed measures referred to
in subsection (3), the Organisation may
take emergency measures to limit the spread of any quarantine pest;
and35.
(a)
(b)
(c)
36.(1)
(a)
(b)
(c)
(2)
(3)
(4)
(a)38advise the Minister
to declare the premises or area that is affected or is suspected of
being affected with a quarantine pest to be under quarantine in
accordance with section 37; or
to revoke the declaration of provisional quarantine made under
subsection (2),
within the prescribed period.
Declaration of quarantine
The Minister may, on the advice of the Chief Agricultural Officer,
declare any premises or area that is affected or is suspected of being
affected with any quarantine pest to be under quarantine;
prescribe measures for the treatment or disposal of a plant, plant
product or other regulated article, and the treatment of a conveyance
whether or not it has been found to be affected, in order to limit the
spread of any quarantine pest;
prescribe the period of quarantine; and
set any conditions for subsequent renewals of the declaration.
Procedure when quarantine pest on premises
When the Organisation believes that a quarantine pest is present on
any premises, the Organisation may, subject to section 45(2),
authorise an inspector to
enter the premises at any reasonable time,
inspect any plant, plant product or other regulated article on the
premises;
take a sample as he may consider necessary; and(b)
(i)
(ii)
37.
(a)
(b)
(c)
(d)
38.(1)
(a)
(i)
(ii)
(iii)39destroy any plants that may not be affected but may have been
exposed to the quarantine pest in buffer zones surrounding the
affected plants; and
require, by notice in writing, the owner or occupier of the premises,
and where the Organisation deems it appropriate, the owner or occupier
of any premises in the vicinity, to take within a specified period such
measures on his premises as the Organisation considers appropriate to
eradicate, contain or restrict the spread of the pest.
If any owner or occupier of premises fails to comply with any term of a
notice issued under paragraph (b) of subsection (1), the Organisation may direct
an inspector or other authorised person to enter the premises in question in order
to carry out the requirements of the notice and, where necessary, destroy the plant,
plant product or other regulated article in order to eradicate, contain or restrict
the spread of the pest.
The owner shall be liable to pay the costs for any action taken under
subsection (2), except where in exceptional cases the Organisation determines
that the Crown should take responsibility for the associated costs.
The Crown may assume financial responsibility under subsection (3)
without prejudice to its right to recover costs from the owner as a civil debt.
Where the Organisation takes any action under subsection (2), the method
used to calculate the costs shall be as prescribed.
Without prejudice to subsections (3) and (4), the Crown shall not be liable
for the destruction or disposal of any plant, plant product or other regulated article
carried out in accordance with this section.
Service of quarantine notice in absence of occupier
Where a person is not in actual occupation of any premises, or if the
occupier cannot be found, service of any notice under this Act may be made by
affixing the same in a conspicuous place on the premises, and such affixing shall
be deemed to be sufficient service of notice.(iv)
(b)
(2)
(3)
(4)
(5)
(6)
39.40Duration of quarantine notice
Any notice issued under section 38 or 39 shall remain in force until
an inspector gives any affected owner or occupier a certificate in writing that the
premises or area is free from pests.
A person shall not remove, or allow or cause to be removed, any plant,
plant product or other regulated article from the premises or area under quarantine
while a notice issued under section 38 or 39 is in force.
Declaration of phytosanitary emergency
The Minister may declare a phytosanitary emergency on the
recommendation of the Chief Agricultural Officer based on
an inspection carried out under this Act; or
an analysis of a sample taken under section 38(1) (a)(iii).
A phytosanitary emergency declaration made under this section shall
enable the application of emergency measures and responses by the
Organisation in the manner prescribed in a phytosanitary emergency
plan;
be time-bound and subject to periodic review and evaluation as shall
be prescribed by regulations and in the phytosanitary emergency plan;
trigger the Organisation to request assistance from the Advisory
Working Group and other authorities or persons as may be required to
carry out an effective response.40.(1)
(2)
41.(1)
(a)
(b)
(2)
(a)
(b)
(c)41Lifting of quarantine
The Minister shall, on the advice of the Chief Agricultural Officer,
serve written notice on all owners or occupiers of affected premises, lifting the
quarantine where
the Minister determines that the relevant quarantine pest is no longer
considered to be present; or
the Organisation determines that it is no longer appropriate for the
quarantine to be maintained in respect of some or all of the affected
premises.
Declaration of pest free or low pest prevalence area
The Chief Agricultural Officer may, on the recommendation of the
Organisation,
declare an area pest free where the Chief Agricultural Officer is
satisfied that
a pest is not present in the area;
phytosanitary measures have been implemented to keep the area
free of the pest; and
a surveillance system has been instituted to verify that the area
remains free of the pest;
declare an area of low pest prevalence where he is satisfied that
a pest is present at low levels in the area;
phytosanitary measures have been implemented to keep the pest
levels low; and
a surveillance system has been instituted to verify that the pest
levels remain low.42.
(a)
(b)
43.
(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(iii)42Pest free places of production and pest free production sites
The Organization may declare a place of production or production site
pest free where the Organisation is satisfied that,
a pest is not present in the area;
phytosanitary measures have been implemented to keep the place of
production or production site free of the pest; and
a surveillance system has been instituted to verify that the place of
production or production site remains free of the pest.
For the purpose of this section, a place of production or production site is
pest free where a specific pest is absent as demonstrated by scientific evidence
and in which, where appropriate, the condition is being officially maintained for
a defined period.
PART VI
ENFORCEMENT
Powers of a Plant Protection Inspector
For the purpose of detecting a regulated pest or ensuring compliance
with the provisions of this Act, an inspector may
stop and, without a warrant, search a person, vehicle, container or
conveyance entering or moving within Barbados that the inspector
believes on reasonable grounds is harbouring a regulated pest;
subject to subsections (2) and (3), at a reasonable time enter any
premises to inspect plants, plant products and other regulated articles
under cultivation, in storage or in transport in order to report the
presence of regulated or regulated non-quarantine pests;44.(1)
(a)
(b)
(c)
(2)
45.(1)
(a)
(b)43open any container, receptacle or other thing that the inspector believes
on reasonable grounds contains anything in respect of which this Act
applies;
examine any thing in respect of which this Act applies and take a
sample of it;
request any information, including documents, regarding any plants,
plant products and other regulated articles from the owner or person in
charge of the area or premises;
examine, make copies of or take extracts from any book, statement or
other document found at the area or premises, and request from the
owner or any person in charge, an explanation relating to an entry found
in any book, statement or other document;
take phytosanitary action such as but not limited to treatment, disposal,
reshipment, or confinement of plants, plant products or other regulated
articles in such area or on such premises;
take any photographs;
seize any plant, plant product, other regulated article, object, book,
statement or document which appears to provide proof of a
contravention of any provision of this Act providing a signed receipt
in the prescribed form which shall be countersigned immediately by
the owner or person in charge;
ensure that the treatment of plants, plant products or other regulated
articles for import into Barbados is undertaken in accordance with the
phytosanitary import requirements;
issue phytosanitary certificates and re-export phytosanitary certificates
on the behalf of the Organisation to ensure compliance with the import
requirements of other countries, and where necessary, carry out any
required treatment;(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)44order the treatment, disposal, reshipment, or confinement in a
quarantine station, of pests, any plant, plant product or other regulated
article, imported into Barbados or in transit, whether or not covered by
a phytosanitary import permit or a phytosanitary certificate;
stop the distribution, sale or use of any plant, plant product or other
regulated article for a prescribed period, where the inspector believes
that a plant, plant product or other regulated article is being distributed,
sold or used in contravention of the provisions of this Act;
seize any plant, plant product or other regulated article where the
inspector believes that a plant, plant product or other regulated article
is being distributed, sold or used in contravention of the provisions of
this Act;
conduct inquiries and request information or documentation where the
inspector suspects that the provisions of this Act have been or are being
contravened; and
carry out any other necessary phytosanitary action.
An inspector may not enter a dwelling except with the consent of the
occupier or under the authority of a warrant issued by a Magistrate.
Subject to subsection (2), an inspector may enter and search any premises
where there is reasonable cause to believe that an offence under this Act has taken
place or is taking place.
Where the seal on a sealed container containing a plant, plant product or
other regulated article is to be broken, an inspector shall be present.
An inspector may, in the performance of his duties under this section, be
accompanied and assisted by a member of the Police Force.(l)
(m)
(n)
(o)
(p)
(2)
(3)
(4)
(5)45In the course of an inspection carried out under subsections (1), (2) and
(3), an inspector may, as he considers necessary,
seize, destroy, detain, treat or otherwise dispose of any plant, plant
product or other regulated article, or order that any such action be taken,
at the expense of the owner; and
serve a written notice on the owner with a description of the action
taken and the reasons for so doing.
An inspector may carry out an inspection on the territory of an exporting
country, as a pre-shipment inspection, at the invitation of the exporting
country.
An inspector shall, in the course of performance of his duties under this
Act,
identify himself as an inspector by showing his identification card or
other proof of his appointment or designation as an inspector;
maintain and secure any proprietary or confidential information,
received or uncovered during the execution of his function;
be accompanied and assisted by one or more members of the Police
Force or such other persons as may reasonably be required for the
performance of that function; or
use any aids, including any equipment or device, subject to compliance
with any applicable enactment regarding the use of such aids.
Where no person is in actual occupation of a premises, or where the
occupier or owner cannot be located, service of any notice under this Act shall
be made by affixing the notice to a conspicuous place on the premises and such
affixing shall be considered as good service of the notice.(6)
(a)
(b)
(7)
(8)
(a)
(b)
(c)
(d)
(9)46Notice of seizure.
An inspector who seizes and detains a plant, plant production or other
regulated article under this Act
shall immediately provide to the owner of the plant, plant product or
other regulated article a detention certificate in the prescribed form and
shall, as soon as practicable, advise the owner that part or all of the
plant, plant product or other regulated article may be subject within a
specified time to any action specified in section 48; or
may forego advising the owner of the plant, plant product of other
regulated article of the reason for the seizure if, in the opinion of the
inspector, it is urgently required to destroy the plant, plant product or
other regulated article or the given reason for the seizure is impractical.
Storage or removal of affected items.
Where an inspector seized and detained a plant, plant product or other
regulated article under this Act, the inspector or any other person designated by
the Organisation, may
store, treat, quarantine or dispose of the plant, plant product or other
regulated article at the place where it was seized or move it to any other
place for storage, treatment, quarantine or disposal; or
require its owner to store, treat, dispose of, export or move it to any
other place.
Confiscation and disposal of unclaimed items
An inspector may confiscate and dispose of
any plant, plant product or other regulated article that, after treatment
following its entry into Barbados, remains unclaimed for a prescribed
time; or46.
(a)
(b)
47.
(a)
(b)
48.(1)
(a)47anything that the inspector believes on reasonable grounds contains or
harbours a quarantine pest or regulated non-quarantine pest.
An inspector who confiscates a plant, plant product or other regulated
article or a quarantine pest or regulated non-quarantine pest
shall, as soon as is practicable, advise the owner of the reason for its
confiscation; or
may forego advising the owner of the plant, plant product or other
regulated article or pest of the reason for the confiscation if the giving
of reason for the confiscation is impractical.
Appeals
Any person aggrieved by an action or decision of a Plant Protection
Inspector or an official analyst may, within 7 days appeal  in writing to the Chief
Agricultural Officer.
The Chief Agricultural Officer shall give a final decision within 14 days
of receiving the appeal , on technical matters but this technical decision shall not
prejudice the right of an aggrieved party to appeal to a Judge in Chambers on a
matter of law.
Notwithstanding subsection (1) and (2), the Organisation shall act in a
timely manner in response to a regulated pest.(b)
(2)
(a)
(b)
49.(1)
(2)
(3)48PART VII
OFFENCES AND PENALTIES
Offences.
A person who
grows, sells, offers for sale, transports or distributes in any manner any
plant, plant product or other regulated article knowing that it is affected
by a quarantine pest;
assaults, resist, intimidates, threatens, abuses in any manner
whatsoever, or obstructs an inspector exercising lawful powers under
this Act;
tampers with any sample taken pursuant to this Act;
fails to comply with any order or direction lawfully made or given
under this Act;
imports any plant, plant product or other regulated article at a port of
entry that is not prescribed;
imports any plant, plant product or other regulated article contrary to
any other requirement that is prescribed;
intentionally permits, introduces or caused the introduction or spread
of a quarantine pest;
exports any plant, plant product or other regulated article except in
accordance with Part IV;
fails to safeguard the phytosanitary security of a consignment after the
issuance of a phytosanitary certificate under section 28 (a);
fails to allow a search or inspection of the taking of any sample
authorised under this Act;50.(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)49breaks the seal on a sealed container containing a plant, plant product
or other regulated article except in the presence of an inspector;
knowingly or recklessly provides information which is false;
alters, forges, defaces or destroys any document issued under this Act;
submits any written material for publication referring to the occurrence
of a quarantine pest in Barbados without prior or simultaneous
communication of the existence of the pest to the Organisation; or
otherwise contravenes a provision of this Act,
is guilty of an offence.
Where an offence under this Act has been committed by a body corporate
and is proved to have been committed with the consent or connivance of, or to
be attributable to any neglect or default on the part of, any director, manager,
secretary or other similar officer of the body corporate, or any person who is
purporting to act in any such capacity, such director, manager, secretary or other
officer as well as the body corporate is guilty of that offence.
Liability of officials.
An inspector, official analyst or other Organisation staff or the
representative of the Organisation who
directly or indirectly asks for or takes any personal payment or other
reward in connection with any official duties;
agrees to do, abstains from doing, permits, conceals or connives at any
act or thing which is contrary to the proper execution of official duties
under this Act, or otherwise contrary to the laws of Barbados;
discloses any information acquired in the performance of his official
duties relating to any person, firm or business, except when required
by his supervisor in the course of official duties, or where ordered to
do so by any court; or(k)
(l)
(m)
(n)
(o)
(2)
51.
(a)
(b)
(c)50otherwise abuses his powers granted under this Act,
is guilty of an offence if and shall be liable to be dismissed by the Organisation
or to such other penalty that may apply in accordance with the Public Service
Act, Cap. 29.
Procedure for offences
Where a Plant Protection Inspector reasonably believes that a person
has contravened any of the provisions of this Act, he shall provide such
information to the Chief Agricultural Officer.
The Chief Agricultural Officer shall determine whether the matter shall be
subject
to criminal prosecution;
to an administrative penalty; or
to both criminal prosecution and administrative penalty.
Evidence
In any prosecution for an offence under this Act
a declaration, certificate, report or other document of the Organisation
or an official analyst, inspector or member of the Police Force,
purporting to have been signed on behalf of the Organisation or the
official analyst, inspector or member of the Police Force, is in the
absence of evidence to the contrary, proof of the matters asserted in it;
a copy of an extract from any record or other document that is made
by the Organisation, an official analyst, inspector or member of the
Police Force, as a true copy or extract, is admissible in evidence.(d)
52.(1)
(2)
(a)
(b)
(c)
53.
(a)
(b)51Forfeiture
Where a person is convicted of an offence under this Act the court
may, in addition to any other penalty imposed, order that anything used in the
perpetration of the offence be forfeited to the Crown.
Where the owner or person in charge of a plant, plant product, other
regulated article, or other thing is convicted of an offence under this Act and a
fine is imposed, the plant, plant product, other regulated article or other thing
may be
detained until the fine is paid; or
sold in satisfaction of the fine.
Where the court does not order the forfeiture of a regulated article, that
regulated article, or any proceeds realized from its disposition shall be returned
to the owner or person in charge at the time of its seizure.
The Organisation shall determine the appropriate holding of a regulated
article seized or forfeited under this Act, prior to its disposition by a magistrate
Any plant, plant product, other regulated article or other thing ordered to
be forfeited under this Act, at the expiry of the time limited for appeal and if no
appeal is lodged, may be destroyed, sold, leased or donated to a charitable
Organisation.
The proceeds of any sale of an item forfeited in accordance with this section
shall be paid into the Consolidated Fund.
Limitation on liability
The costs of any action taken by an inspector under section 46 shall
be borne by the owner, except where in exceptional cases the Organisation
determines that the Crown shall bear the costs.54.(1)
(2)
(a)
(b)
(3)
(4)
(5)
(6)
55.(1)52Subject to section 61, the Crown is not liable for loss resulting from the
destruction or disposal of any plant, plant product or other regulated article
carried out under this Act.
Good faith defence
No member of the Organisation, inspector, official analyst, official or
reference laboratory or any other government entity with a role in phytosanitary
matters shall be liable to prosecution in respect of anything done in good faith in
the performance of their official functions under this Act.
Subsection (1) shall not apply to civil or criminal liability for personal
injury or death.
Administrative penalty
The Organisation may issue an administrative penalty notice in the
prescribed form to any person where the Organisation is satisfied that that person
has committed an act which does not warrant criminal prosecution.
The Organisation may suspend or revoke any licence or other authorisation
issued by the Organisation under this Act or issue a fine or issue any other
administrative penalty.
An administrative penalty notice shall specify the nature of the act
constituting the contravention and the penalty to be paid and shall require the
person to whom it is addressed to pay the administrative penalty within a period
of 14 days from the date of the notice.
A person who is in receipt of an administrative penalty notice issued under
subsection (1) shall, in the manner prescribed, pay the amount of the
administrative penalty and comply with any additional requirement contained in
the notice on or before the date specified in the notice.
A person to whom an administrative penalty notice is addressed and who
wishes to challenge the alleged non-prosecutable breach, may instead of paying(2)
56.(1)
(2)
57.(1)
(2)
(3)
(4)
(5)53the amount of the administrative penalty, follow the appeals process set out in
section 49.
In cases of serious or repeated violations of this Act, a licence or other
authorisation issued by the Organisation, the Organisation shall recommend to
the ministry responsible for industry and commerce, the revocation of the
business operating license.
On receipt of such recommendation to revoke the business license, the
ministry responsible for industry and commerce shall suspend or revoke the
business license within seven days of receipt of the recommendation.
Fixed penalty notice for prescribed offences
This section applies to any offence as may be prescribed by regulation
as a fixed penalty offence.
For the purposes of this Act a fixed penalty offence is any offence for which
the maximum penalty, excluding any additional fines if the offence is a
continuing one, does not exceed _____.
Where on any occasion an inspector finds a person who he has reason to
believe is committing, or has committed, a fixed penalty offence, he may on the
spot, issue that person a fixed penalty notice, and shall inform the person
to appear before the magistrate on the date specified; or
pay the fixed penalty, in lieu of appearance before a magistrate.
Where a person is issued a fixed penalty notice in respect of a fixed penalty
offence and he
pays the fine within the time prescribed in the fixed penalty notice, no
proceedings shall be instituted for that offence and he shall be treated
for all purposes in law as a person who has not committed, been charged
with, prosecuted for, convicted of or sentenced for the offence in
respect of which the payment was made; or(6)
(7)
58.(1)
(2)
(3)
(a)
(b)
(4)
(a)54does not pay the fine within the time prescribed in the fixed penalty
notice, the Organisation shall decide whether to
increase the fine to be paid through written notice, specifying a
new time period for payment; or
take other action as established under this Act.
A fixed penalty notice shall
be in the form set out in regulations;
give such reasonable particulars of the circumstances alleged to
constitute the offence to which the notice relates; and
state
the amount of the fixed penalty, which shall not exceed twenty
per cent of the maximum amount of any fine or fines that are
specified under this Act in respect of the offences to which the
fixed penalty notice relates;
the period for paying the fixed penalty, which shall not exceed
twenty-one days upon receipt of the fixed penalty notice; and
the person to whom, and the address at which
the fixed penalty may be paid, and
any correspondence relating to the fixed penalty notice
maybe sent;
the method or methods by which payment may be made; and
the consequences of not making a payment within the period
for paying the fixed penalty.
The Chief Agricultural Officer may extend the period for paying the fixed
penalty in any particular case if he considers it appropriate to do so by sending
notice to the person to whom the fixed penalty notice was given.(b)
(i)
(ii)
(5)
(a)
(b)
(c)
(i)
(ii)
(iii)
(A)
(B)
(C)
(D)
(6)55The admission of guilt and the fixed penalty paid under this section shall
be dealt with by the magistrate in the same manner as adjudication in Court of
an offence punishable on summary conviction and for which no conviction is
recorded.
Unpaid administrative fine or fixed penalty to constitute a debt to the
Crown
The amount of an outstanding administrative penalty shall be a debt
due to the Crown and is recoverable in accordance with the Debtors Act ,
Cap. 196.
Powers of the Chief Agricultural Officer in administrative
proceedings
Where a matter is to be dealt with administratively by the Chief
Agricultural Officer, the Chief Agricultural Officer may in writing
stay the proceedings for condemnation of anything forfeited under this
Act;
restore anything seized under this Act, subject to conditions, if any;
impose, reinstate or revoke penalties or fines as the case may be, in
respect of non-prosecutable breaches or offences dealt with
administratively under this Act;
seize a regulated article; or
mitigate or remit any fine or penalty imposed; or
restore anything seized under this Act.(7)
59.
60.
(a)
(b)
(c)
(d)
(e)
(f)56Compensation.
The Minister may, on the recommendation of the Advisory Working
Group, out of money voted for that purpose by Parliament, order compensation
to be paid in respect of
the treatment required of affected premises;
the prohibition or restriction imposed under this Act on the use of
premises;
owners affected by pest eradication procedures implemented by the
Organisation.
Compensation is not payable to a person who is guilty of an offence under
this Act and claims compensation in respect of any premises or things by means
of or in relation to which the offence was committed.
PART VII
MISCELLANEOUS
Control of waste from vessels
The Organisation shall set the requirements for the handling and
disposal of waste from any vessel.
Charging of fees
The Organisation shall charge fees for the following services in
accordance with the Agricultural, Diagnostic & Other Services (Fees) Act ,
Cap. 252A:
inspections;
the treatment of xxx;61.(1)
(a)
(b)
(c)
(2)
62.
63.(1)
(a)
(b)57sampling and analysis of;
the issuance of phytosanitary certificates;
the issuance of permits; and
any other services specified under this Act.
The fees charged under this Act shall be based on the cost of the service
only and shall be prescribed in regulations.
Documents
A document required to be furnished to the Minister or an inspector
under this Act or any regulation or order made thereunder may be furnished in
electronic form.
Where a document referred to in subsection (1) is furnished in electronic
form, an original hard copy of the document shall be furnished to the Minister or
an inspector, where required, within a reasonable period after the documents are
furnished in electronic form.
Regulations
The Minister may, on the advice of the Advisory Working Group and
the Chief Agricultural Officer, make regulations to give effect to the provisions
of this Act, to reflect phytosanitary developments within or outside the country.
In particular and without prejudice to the generality of subsection (1),
regulations made under subsection (1) may provide for all or any of the following
matters:
procedures to be followed by an inspector in the exercise of his duties
under this Act;
conditions for the import of any plant, plant product or other regulated
article;(c)
(d)
(e)
(f)
(2)
64.(1)
(2)
65.(1)
(2)
(a)
(b)58the designation of the ports of entry in Barbados that are appropriate
for the import and export of any plant, plant product and other regulated
article;
the circumstances under which phytosanitary requirements for import
may be modified based on a pest risk analysis;
procedure and guidelines for pre-shipment inspections;
the manner in which permits and certificates shall be issued under this
Act, and their form, content and language;
the procedure by which an importer may apply for inspection to take
place at any location other than the port of entry, or outside of regular
business hours, and pay any applicable fees;
the manner in which containers shall be sealed, marked and transported
if they are to be inspected at their final destination rather than at the
port of entry;
the way in which any plant, plant product and other regulated article
shall be stored or transported in Barbados;
the procedures to be adopted for the treatment of any imported plant,
plant product or other regulated article and the conveyance bringing it
into Barbados;
the location, management and functioning of any plant quarantine
station established under this Act;
the requirements for the control and care of any plant, plant product
and other regulated article kept or maintained at a plant quarantine
station;
the manner in which an inspection shall be arranged for the destruction,
removal, uprooting or treatment of any plant, plant product or other
regulated article within an area or location declared as under
quarantine;(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)59the period within and conditions under which it shall not be lawful to
plant or re-plant anything in all or part of an area declared as under
quarantine;
the manner in which any sample being transported or in storage must
be taken, marked and retained under this Act;
the operating procedures of any official laboratory designated under
this Act;
the procedure by which an area may be declared pest-free or an area
of low pest prevalence;
the conditions for the export of any plant, plant product or other
regulated article;
the operating procedures for the inspection of any plant, plant product
or other regulated article, and any physical structure or premises
containing such a product or article, for the purposes of export;
the offences subject to the fixed penalty procedure outlined in section
38;
the criteria for the declaration of a phytosanitary emergency under
sections 24 (c) and 41;
with the approval of the Ministry of Finance, the determination or scale
of fees to be charged;
the guidelines, policy directives or protocols promoting co-operation
between relevant departments relating to plant protection;
any additional measures to be taken for the purpose of preventing the
introduction or spread of a pest.
Repeal.
The following Acts are repealed:
the Plant Pest and Disease (Eradication) Act , Cap. 266A; and(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
66.
(a)60the Plant Protection Act , Cap. 268.
Act binds Crown.
This Act binds the Crown.
Commencement
This Act shall come into force...(b)
67.
68.61