1 
  
NATIONAL STANDARDS FOR PHYTO SANITARY MEASURES  
 
 
 
 
NSPM: 20 
 
 
 
Guidelines for a phytosanitary  import regulatory system  
2013  
 
 
 
 
 
 
(This standard is approved by (the NPPO and) the Quarantine Committee of Nepal, chaired by the 
secretary of the Ministry of Agriculture Development on 1st December 2013 and, is submitted by National 
Plant Quarantine Program to the National Notification Authority to be notified to the WTO member states)  
 
 
 Table of Contents  
 
  
1. Introduction  ................................ ................................ ................................ ................................ .............  1 
1.1 Scope  ................................ ................................ ................................ ................................ ................  1 
1.2 References  ................................ ................................ ................................ ................................ .......  1 
1.3 Definitions  ................................ ................................ ................................ ................................ .........  2 
1.4 Outlines of re quirement  ................................ ................................ ................................ ..................  2 
2. Requirements  ................................ ................................ ................................ ................................ .........  2 
2.1 Objectives  ................................ ................................ ................................ ................................ .........  2 
2. 2 Structure ................................ ................................ ................................ ................................ ...........  2 
2.2.1 Organization set -up ................................ ................................ ................................ ......................  3 
2.3 Rights/obligation and responsibilities  ................................ ................................ ...........................  3 
2. 3.1 International agreements, principles and standards  ................................ ..............................  4 
3. Regulatory framework  ................................ ................................ ................................ ...........................  4 
3.1 Regula ted articles  ................................ ................................ ................................ ............................  5 
3.2 Phytosanitary measures for regulated articles  ................................ ................................ ............  5 
3.2.1 Measures for consignments to be imported  ................................ ................................ .............  6 
3.2.1.1 Provision for special imports  ................................ ................................ ................................ ... 6 
3.2.1.2 Pest free areas, pest free places of production, pest free production sites, areas of 
Low pest prevalence and official control program  ................................ ................................ .............  7 
3.2.2 Import authorization  ................................ ................................ ................................ .....................  7 
3.2.3 Prohibition  ................................ ................................ ................................ ................................ ...... 7 
3.2.4 Consignment in transit  ................................ ................................ ................................ .................  8 
3.4 Measures concerning non -compliance and emergency action  ................................ ................  8 
3.4.1 Emergency actions  ................................ ................................ ................................ ...................  8 
3.5 Other elements that may require a regulatory framework  ................................ .........................  9 
3.6 Legal authority of NPPO  ................................ ................................ ................................ .................  9 
4.  Op eration of an Import Regulatory System  ................................ ................................ ....................  10 
4.1 Management and operational responsibilities of NPPO  ................................ ..........................  10 
4.1.1 Administration  ................................ ................................ ................................ .........................  10 
4.1.2 Regulatory development and revision  ................................ ................................ .................  10 4.1.3 Surveillance  ................................ ................................ ................................ .............................  10 
4.1.4 Pest risk analysis and pest listing  ................................ ................................ ........................  11 
4.1.5 Audit and compliance checking  ................................ ................................ ............................  11 
4.1.6. Noncompliance and emergency action  ................................ ................................ ..............  13 
4.1.7 Systems for authorization of non -NPPO personnel  ................................ ..........................  16 
4.1.8 International liaison  ................................ ................................ ................................ ................  16 
4.1.9 Notification and dissemination of regulatory information  ................................ .................  16 
4.1.10 National liaison  ................................ ................................ ................................ .....................  16 
4.1.11 S ettlement of disputes  ................................ ................................ ................................ .........  17 
4.2 Resources of NPPO  ................................ ................................ ................................ ......................  17 
4.2.1 Staff, including training  ................................ ................................ ................................ ..........  17 
4.2.2 Information  ................................ ................................ ................................ ...............................  17 
4.2.3 Equipment and facilities  ................................ ................................ ................................ ........  17 
5. Documentation, communication and review  ................................ ................................ ....................  17 
5.1 Documentation  ................................ ................................ ................................ ...............................  18 
5.1.1 Procedures  ................................ ................................ ................................ ..............................  18 
5.1.2 Records  ................................ ................................ ................................ ................................ .... 18 
6. Communication  ................................ ................................ ................................ ................................ .... 18 
7. Review Mechanism  ................................ ................................ ................................ .............................  19 
7.1 System review  ................................ ................................ ................................ ................................  19 
7. 2 Incident review  ................................ ................................ ................................ ..............................  19 
 1 
 1. Introduction  
1.1 Scope  
This standard basically is a general guideline for the regulatory framework of an import 
regulatory system .It describes the operational  procedure, for operating, establishing 
and revis ing phytosanitary  import regulatory system taking into accounts  the rights, 
obligations and responsibilities of contracting parties. Where applicable , this standard 
accommodates the Regional standard of Asia Pacific plant protection Commission 
(APPC) and t he Plant protection Act and regulation, procedures and orders as issued 
from Government of Nepal . NSPM preparation based on guidelines and recommendations 
developed within the framework of the IPPC. This standard also adopted the principles, 
recommendation s and format of ISPM to achieve international harmonization of phytosanitary 
measures with the aim to facilitate trade.  
1.2 References  
IPPC : 1997. International Plant Protection Convention  Rome, IPPC, FAO.   
ISPM 1:  1993. Principles of plant quarantine as related to international trade . Rome, 
IPPC, FAO. [ Published  1995] [ Revised ; now ISPM 1: 2006]  
ISPM 3  1995: Code of conduct for the import and release of exotic biological control 
agents . Rome, IPPC, FAO. [ Published  1996] [ Revised ; now ISPM 3: 2005]  
ISPM 5 ; Glossary of phytosanitary terms  Rome, IPPC, FAO    
ISPM 6  1997  Guidelines for surveillance  Rome, IPPC, FA O  
ISPM 7  1997  Export certification system  Rome, IPPC, FAO   
ISPM 8  1998 Determination of pest status in an area  Rome, IPPC, FAO  
ISPM 10  1999  Requireme nts for the establishment of pest free places of production and 
pest free  
Production  sites Rome, IPPC, and FAO  
ISPM 11 . 2004. Pest risk analysis for quarantine pests including analysis of 
environmental risks and living modified organisms . Rome, IPPC, FAO  
ISPM 13  2001 Guidelines for the notification of non -compliance and emergency action . 
Rome, IPPC, FAO  
ISPM 19  2003 Guidelines  on lists of regulated pests  Rome, IPPC, FAO   
ISPM 21  2004 Pest risk analysis for regulated non -quarantine pests  Rome, IPPC,  FAO  
ISPM 20:  Guidelines for a Phytosanitary  Import Regulatory System . Rome, IPPC, FAO  
WTO  1994 Agreement  on the Application of Sanitary and Phytosanitary Measures  
Geneva, World Trade Organization  
GON Nepal 2005: Oper ation Manual for Import Export National plant quarantine 
program   
GO Nepal 2007: Plant Protection Act: MOAD Kathmandu Nepal  
 
1.3 Definitions  
Definitions of phytosanitary terms used in this standard are as in ISPM 5 ( Glossary of 
Phytosanitary  Rome IPPC FAO)  
 
1.4 Outlines of requirement   
Phytosanitary import regulatory system is applied to ensure that the imported 
commodities and other regulated articles are free from infestation from quarantine  pests 
or limit the entry of regulated non -quarantine pests by adopting appropriate control 
measures while facilitating trade as agreed under SPS Agreement /WTO. This standard 
covers the regulatory framework  of phytosanitary legislation of Nepal, import pr ocedures 
and the responsibilities of NPPO in operating the system as identified in Article IV.2 of 
the IPPC . This includes  surveillance, inspection, disinfestations or disinfection, the 
conduct of pest risk analysis, and training and development of staff s. The legal authority 
of NPPO for taking necessary measures against the noncompliance including 
prohibition of imported commodities, and the authority to take necessary action during 
pest emergency and consignments in transit is also described.  
The respons ibilities of NPPO  are vast and challenging  and some of it includes  
coordination, with national and international organization, documentation, 
communication , periodic review of the standards , administration , aud it and compliance 
check;  action on  non-compliance  cases ; emergency action , settlement of disputes and 
any relevant activities as developed by the circumstances . NPPO need to  have 
adequate resources required to carry out the duties and responsibilities as mentioned 
above.  
2. Requirements  
2.1 Objective s  
The aim of this standard is to prevent the introduction of quarantine pests or limit the 
entry of regulated non -quarantine pests with imported commodities and other regulated 
articles to protect agricultural, forest and other plant resourc es without hampering the 
trade and facilitate professionals in the execution of phytosanitary import regulatory 
system considering the existing status of phytosanitary capacity of Plant quarantine 
related institutions.  
2. 2 Structure  
The components of an import regulatory system are:  
 a regulatory framework of phytosanitary legislation, regulations and procedures    a NPPO that is responsible for the operation of the system.  
The regulatory framework Of Nepal is described in Section 3  and the operational  
procedures of import are described in Section 5  of this document. As per the provisions 
made in Plant Prot ection Act, 2007 (Article 2 (6) , Nepal has officially authorized the 
Plant Protection Directorate to have the overall responsibility of NPPO for oper ating the 
import regulatory system. NPPO should maintain liaison with the Customs at entry 
points for regulating the imported commodities.  
2.2.1 Organization set -up 
• The Plant Protection Directorate of Department of Agriculture (DoA) of Ministry of 
Agricul ture Development (MoAD) is designated to function as NPPO  
• The National Plant Quarantine Program, is responsible for implementation of 
phytosanitary measures  
• The prescribed points of entry specified for import of plants/plant products and 
other regulated ar ticles are:  
 Airport:  Kathmandu (Tribhuvan International Airport)  
 Land -border check posts:  Biratnagar, Jaleshwar, Malangoa, 
Krishnanagar, and Tatopani  
 Land -border Sub -Check Posts:  Bhantavari, Jhulaghat, Lomanthang, and 
Rasuwa  
The duties and responsibilitie s of NPPO as mentioned in PP Act 2007 should  also be  
considered while formulating the Import Regulatory standard.   
Similarly , for effective  implementation of Phytosanitary regulation other government 
services, such as the Customs service,  also may  have critical role ( with defined 
responsibilities and functions) in the control of imported commodities and NPQP  should 
maintain good coordination with them . The NPPO may utilize its own officers to operate 
the import regulatory system, but may authorize other appropriate government services, 
or non -governmental organizations, or persons to act on its behalf and under its control 
for defined functions where permitted by the acts . 
2.3 Rights/ obligation  and responsibilities  
The NPPO should take into account the following matters when  establishing and 
operating the import regulatory system .  
 National legislation and policies  
 Administrative policies of the government, or NPPO   Rights, obligations and responsibilities arising f rom relevant international treaties, 
conventions or agreement  
2. 3.1 International agreements, principles and standards : 
Nepal being the member country of WTO and IPPC  has the sovereign right to regulate 
the imports with appropriate protection measures to prevent or limit the entry of harmful 
pests causing eco nomic damage in its territory. However, it should be considered that 
the drafting, adoption and application of r egulations requires recognition of principles 
and concepts as per ISPM  1: 1993, (Transparency , Sovereignty, Necessity, Equivalence, 
Minimal impact and Harmonization, Technical justification , through pest risk analysis (PRA),  
Emergency action and provisiona l measures, Pest free areas and areas of low pest prevalence )  
to avoid unnecessary trade disruption.  
 
2.3.2 Regional cooperation  
Nepal as a member of Asia Pacific Plant Protection Commission (APPPC), a regional 
organization of IPPC needs to harmonize and apply import regulatory systems 
maintaining cooperation and exchange of information for the benefit of members in this 
region.   
 
Nepal is also a  member of Asia Pacific Regional Plant Protection Organizations 
(APPPOs) needs to harmonize and apply import phyto sanitary system maintaining 
cooperation and sharing information for the benefit of members in this region.  National 
plant quarantine program  thus has to have the authority to enact and enforce certain 
regulations on behalf of organization  requiring adequate  resources as and when 
require d basis  to implement the standard efficiently . 
3. Regulatory framework  
Nepal Government has promulgated the PP Act 2007 and PP Regulation, 2010 for 
enforcing the   phytosanitary import regulatory system. National regulatory framework 
has the following provisions:  
 Responsibilities and functions of the NPPO in relation to the import regulatory 
system and legal authority to enable NPPO to carry out its responsibilities and 
functions with respect to the import regulatory system  
 PRA to determine import phytosanitary me asures  
 Import prohibitions on imported commodities and other regulated articles   
 Legal authority for action with respect to non -compliance and for emergency 
action  
 The formation of PQ Committee for the interactions between the NPPO and 
other government bodies  (The PP Act and Regulations had been published and kept in web site to meet the obligations  as 
referred in Article VII 2b of the IPPC, 1997; for transparency  and  is available to all interested parties )  
3.1 Regulated articles  
Imported commodities /articles if are found infested or infected with regulated pests 
need to be treated with appropriate  Phytosanitory measures . Regulated pests are either 
quarantine pests or regulated non -quarantine pests. Quarantine pests infected 
commo dities needs to be regulated whereas intended use of products for consumption 
or processing should not be regulated for regulated non -quarantine pests. Regulated 
non quarantine pests can only be regulated with respect to plants for planting.  The list 
of regulated articles could be :  
 plants and plant products used for planting, consumption, processing, or any       
other purpose  
  stored products and Storage facilities  
 Packaging materials including dunnage  
 Conveyances and transport facilities  
 Soil, organic fertilizers and related materials  
 Organisms capable of harboring or spreading pests  
 Potentially contaminated equipment (such as used agricultural, military and 
earthmoving equipments)  
 Research and other scientific materials  
 Travel er ’s personal effects mo ving internationally  
 International mail including international courier services  
 Pests and biological control  measures  
 Lists of regulated articles should be gazette and made publicly accessible.  
3.2 Phytosanitary measures for regulated articles  
Applications of phytosanitary measures on regulate  articles for prohibition, restrictions 
and import requirements should be on the basis of technical justification. For this, 
international standards and other relevant requirements as a reference has to be taken 
into account.   3.2.1 Measures for consignments to be imported  
 The PP Act  2007  and Regulation  2010  and operational manual specifies the 
procedures for the imported consignments of plants, plant products, biological control 
agents, beneficial organ isms, germplasm, growing media (soil, moss and peat), packing 
material and carriage of consignments.It includes:  
 Application procedures for import permit/ phytosanitary certification  
 Document verification  
 verification of consignment integrity  
 Inspection o f consignment for health testing  
 Testing techniques  
 Sampling and laboratory analysis  
 Confirmation/Authentication of identity of pest  
 Reporting of testing results  
 Actions to be take in case of non - compliance  
 Issuance of import permit/ phytosanitary certif icate  
 Release of consignment  
 Documentation  
Measures required at the point of entry include:  
 documentation checks  
 verification of consignment integrity  
 verification of treatment during shipment  
 phytosanitary inspection  
 testing  
 treatment  
 detention of consignments pending the results of testing or verification of the 
efficacy of treatment  
Measures required after entry include  
 detention in quarantine (such as in a post -entry quarantine station) for inspection, 
testing or treatment  
 detention at a designa ted place pending specified measures  
 restrictions on the distribution or use of the consignment (for example for 
specified processing)  
 
The import regulatory system should make provision for the evaluation and possible 
acceptance of alternative measures proposed by exporting contracting parties as being 
equivalent . 
3.2.1.1 Provision  for special imports  
On case by case basis special provision for the import of pests, biological control agents 
(see also ISPM 3:1995) or other regulated articles for scientif ic research, education or other purposes may be  permitted  if such imports are  authorized subject to the provision 
of adequate safeguards by the importing institutions . 
3.2.1.2 Pest  free areas, pest free places of production, pest free production 
sites, ar eas of Low pest prevalence and official control program  
For the declaration areas of low pest prevalence, PP regulation, 2010, Annex II 4 (i) 
mentions for recognition process by NPPO. Such measures should respect the principle 
of non -discrimination and mat ter concerning the recognition should be discussed in 
details between trading partners bilaterally and such designations and those related to 
other official procedures (such as pest free places of production and pest free 
production sites) within the count ries of exporting contracting parties including the 
facility to recognize these measures as equivalent where appropriate. It may be 
necessary to make provision within regulatory systems to evaluate and accept the 
designations by other NPPOs and to respond accordingly .  
3.2.2 Import authorization  
The authority to import may be provided as a general authorization or through specific 
authorization on a case -by-case basis.   
General authorization  
General authorizations may be  when there are no specific requirements relating to 
import where specific requirements have been established permitting entry as set out in 
the regulations for a range of commodities. General authorizations should not require a 
license or a permit but may be subject to checking at i mport.  
 
 Specific authorization  
Specific authorizations, e.g. in the form of a license  or permit, may be required where 
official consent  for import is necessary. These may be required for individual 
consignments or a series of  consignments of a particular origin. Cases where this type 
of authorization may be required include  emergency or exceptional imports with 
specific, individual requirements such as those with post -entry quarantine  requirements 
or designated end use or research purpose imports  where the  NPPO requires the ability 
to trace the material over a period of time afte r entry . 
3.2.3 Prohibition  
Prohibition applies to quarantine pests. The prohibition of import should be used when 
no other alternatives for pest risk management exist . Prohibitions should be technically 
justified by conducting PRA .  It should be applied to specified commodities or other 
regulated articles of all origins or to a particular commodity or other regulated article of a 
specified origin. NPPOs should make provision to asses s equivalent, but less trade 
restrictive measures. The import regulations need  to be modified  if such measures meet 
the appropriate level of protection. Regulated non -quarantine pests should not be 
subject to prohibition but are subject to established pest  tolerance levels.  Prohibited articles can be imported for research or educational purpose and provision 
may be required for their import under controlled conditions including appropriate 
safeguards through a system of license or permit . 
3.2.4 Consignment  in transit  
Consignment in transit is not import but import regulatory system may be applied to 
prevent introduction or spread of pest. The provisions related to consignments in transit  
within the country have been specified in PP Act and Regulation that covers the 
measures to prevent the introduction and/or spread of pests (also see Article VII.4 of the 
IPPC). Measures may be required to track consignments, to verify their integrity and/or 
to confirm that they leave the country of transit.  
3.4 Measures  concerning non -compliance and emergency action  
The significant instances of non -compliances include:  
• Failure to comply with phytosanitary requirements  
• Detection of regulated pests  
• Failure to comply with documentary requirements, including:  
– Absence of phytosanitary certificates  
– uncertified alterations or erasures to phytosanitary certificates  
– Serious deficiencies in information on phytosanitary certificates  
– Fraudulent phytosanitary certificates  
• prohibited consignments  
• prohibited articles in consign ments (e.g. soil)  
• evidence of failure of specified treatments  
• repeated instances of prohibited articles in small, non -commercial quantities 
carried by passengers or sent by  mail.  
Repeated instances  of non -compliance of an imported consignment should be  notified 
to the exporting country whether or not the consignment requires a phytosanitary 
certificate.  
3.4.1  Emergency actions  
 Emergency actions (Article VII.2 ( f) of the IPPC; detailed information is contained in 
ISPM 13:2001) , are taken on the detection in an imported consignment of:  
 – regulated pests not listed as being associated with the commodity from 
the exporting country  
– organisms posing a potential phytosanitary threat.  
Notifications should be provided promptly once non -compliance or the need for 
emergency action has been confirmed and phytosanitary actions taken. Where there 
is a significant delay in confirming the reason for the notification (e.g. identification of 
an organism), a preliminary notification may be provided.  
Actions which may be taken when an imported consignment or other regulated articles 
does not comply with regulations and is initially refused entry include:  
 Treatment  
 Sorting or reconditioning disinfe ction of regulated articles (including equipment, 
premises, storage areas, means of transportation) direction to a particular end 
use such as processing reshipment  
 Destruction (such as incineration)  
Detection of non -compliance or an incident requiring em ergency action may result in a 
revision the regulations, or revocation or suspension of authorization to import  
3.5 Other  elements that may require a regulatory framework  
International agreements give rise to obligations which may require a legal base or may 
be implemented  through administrative procedures. Arrangements that may require 
such procedures Include:  
 notification of non -compliance  
 pest reporting  
 designation of an official contact point  
 publication and dissemination of regulatory information  
 international cooperation  
 revision of regulations and documentation  
 recognition of equivalence  
 specification of points of entry  
 notification of official documentation  
3.6 Legal  authority of NPPO   
NPPO can discharge its responsibilities (Article IV of the IPPC), as mentioned in  PP Act 
to enable the officers of the NPPO and other authorized persons to:  
 
 Enter premises , conveyances, and other places where imported commodities, 
regulated pests or other  regulated articles may be prese nt.  
 Inspect  or test i mported commodities and other regulated articles  take and remove samples from imported commodities or other regulated articles, or from 
places  where regulated pests may be present (including for analysis which may 
result in the destruction  of the sample)    
 detain imported consignments or other regulated articles   
 treat or require treatment of imported consignments, or other regulated articles 
including  conveyances, or places or commodities in which a regulated pest  
occurs ,  
 Refuse  entry of consignments, order their reshipment or destruction take 
emergency action set and collect fees for import -related activities or associated 
with penalties.  
4.  Operation of an Import Regulatory System  
The NPPO is responsible for the operation and/or oversight (organization and 
management) of the import regulatory system.  
4.1 Management and operational responsibilities of NPPO  
The NPPO should have a management system and resources adequate to carry out  its 
functions as per the legal authority specified in P lant Protection Act and Plant Protection 
Regulation .  
4.1.1 Administration  
The administration of the import regulatory system by the NPPO should ensure the 
effective and consistent application of phytosanitary legislation and regulations and 
compliance with international  obligations. It should maintain good operational linkages 
with custom or other relevant regional organizations.  
4.1.2 Regulatory development and revision  
 The enforcement of phyto sanitary  regulations is  the responsibility of a  
government body. Consistent with this responsibility, governments may make the 
development and /or revision of phytosanitary regulations  the responsibility of 
their NPPO.  
 Appropriate regulations should be dev eloped, maintained and reviewed as 
necessary and in compliance  with applicable international agreements, through 
the normal legal and consultative processes of the country. Consultation and 
collaboration wi th relevant agencies as well as affected industrie s and 
appropriate private sector groups can be helpful in increasing the understanding 
and acceptance of regulatory decisions by the private sector and is often useful 
for the improvement of  regulations.  
4.1.3 Surveillance  
The technical justification of phytosanitary measures is determined in part by the pest status of regulated pests within the country. Pest status may change and 
this may necessitate revision of import regulations. Surveillance of cultivated and 
non-cultiva ted plants in the importing country is required to maintain adequate 
information on pest status to support PRA and pest listing.  
4.1.4 Pest risk analysis and pest listing  
Technical justification such as through PRA is required to determi ne if pests 
should be regulated and the strength of phytosanitary measures to be taken 
against them. PRA may be done on a specific pest or on all the pests associated 
with a particular pathway (e.g. a commodity). A commodity may be classified by 
its level of processing and/or its intended use.  
Regulated pests should be listed and lists of regulated pests should be made 
available to the importing parties. If appropriate international standards are 
available, measures should take account of such standards an d should not be 
more stringent unless technically justified. The administrative framework of the 
PRA proce ss should be clearly documented .  
4.1.5 Audit and compliance checking  
4.1.5.1 Audit  of procedures in the exporting country  
Imports  regulations often  include specific requirements that should be  done in 
the country of export  include : 
 Production  procedures (usually during the growing period of the crop 
concerned) or specialized treatment procedures.  
 In certain circumstances, such as in the development of a new trade,  the 
requirements may include, in cooperation with the NPPO of the exporting 
country, an audit in the exporting country by the NPPO of the importing 
country of elements such  production systems treatments ,  
  inspection procedures  phytosanitary management ,  
  accreditation procedures ,  testing procedures   surveillance : 
An importing country should make known the scope of any audit. The arrangements 
for such audits are normally written into a  bilateral agreement, arrangement or work 
program associated with import  facilitation. Such arrangements may extend to 
clearance of consignments within the exporting country  for entry into the importing 
country which usually facilitates a minimum of proced ures at entry  to the importing 
country. These types of audit procedure should not be applied as a permanent 
measure . The results of audits should be made available to the NPPO of the 
exporting country.  
4.1.5.2 Compliance  checking at import  
There are three basic elements to compliance checking    Documentary  checks :  
 consignment integrity checks  
 phytosanitary inspection, testing etc  
Compliance checking of imported consignments and other regulated articles may be 
require  to determine their compliance with phytosanitary regulations  
 To check that phytosanitary measures are effective in preventing the introduction 
of quarantine  pests and limiting the entry of RNQPs  
 To detect potential quarantine pests or quarantine pests wh ose entry with that 
commodity was not predicte d 
 Phytosanitary inspections should be carried out by, or under the authority of, the 
NPPO. Where possible, checks should be done in cooperation with other 
agencies involved with the regulation of imports, such as Customs, so as to 
minimize interference with the flow of trade and the impact on  perishable product  
 
Inspection  
Inspections may be done at the point of entry, at points of transshipment, at the 
point of destination or at other places where imported con signments can be 
identified and appropriate phytosanitary procedures can be carried out.  
       Inspection of consignment is carried out:  
– To determine the identity of consignment  (species/variety/distinguishing 
marks) with that of one described on the phytosanitary certificate  
– To verify the integrity of consignment including checking the quantities of 
import, packing condition of the consignment, seals of containers and 
damage of the consignment  
– To ensure that the consignment is not prohibited entry and  or/is not 
contaminated  / admixed with regulated article such as soil/noxious weed 
species and that it is visibly  free from pest infestation.  
 Bilateral agreement or arrangement  may also be done in the country of origin as a 
part of a pre -clearance program in cooperation with the NPPO of the exporting 
country.  
 Phytosanitary inspections, which should be technically justified, may be applied:  
 to all consignments as a condition of  entry  
 as a part of an import monitoring program where the level of monitoring (i.e. 
the number of consignments inspected) is established on the basis of 
predicted risk.  
 Inspection and sampling procedures may be based on general procedures or on 
specifi c procedures to achieve predetermined objectives  
 Sampling   
Samples may be taken from consignments for the purposes of phytosanitary inspection, 
or for subsequent laboratory testing, or for reference purposes .   
 
Testing  including laboratory testing  
Testing may be required for : 
 identification of a visually detected pest  
 confirmation of a visually identified pest  
 checking of compliance with requirements concerning infestations not detectable 
by inspection  
 checking for latent infections  
 audit or monitoring   
 reference purposes particularly in cases of non -compliance  
 verification of the declared product  
Testing should be performed by persons experienced in the appropriate procedures 
and, if possible,  applying internationally  agreed protoc ols. Cooperation with 
appropriate research or academic and international experts or institutes is 
recommended when validation of test results is needed.  
 
4.1.6. Noncompliance and emergency action  
NPPO should prepared guidelines for noncompliance and emergency action taking into 
reference the ISPM 13  (200) . 
4.1.6.1  Action  in case of non -compliance  
Phytosanitary  actions for non -compliance with import include:   
 
 the detection of a listed quarantine pest associated with consign ments for which 
it is regulated   
 the detection of a listed RNQP present in an imported consignment of plants for 
planting at a  level which exceeds the required tolerance for those plants   
 evidence of failure to meet prescribed requirements  (including bil ateral 
agreements or  arrangements, or import permit conditions) such as field 
inspection, laboratory tests, registration of producers and/or facilities,  
  lack of pest monitoring or surveillance  the interception of a consignment which 
does not otherwise com ply with the import regulations,  such as because of the 
detected presence of undeclared commodities, soil or some other  prohibited 
article or evidence of failure of specified treatments  phytosanitary certificate or 
other required documentation invalid or missing  
  prohibited consignments or articles failure to meet “in -transit” measures   Administrative errors such as incomplete phytosanitary certificates may be 
resolved through liaison with the exporting NPPO. Other infringements may 
require action such as:  
 Detention . This may be used if further information is required, taking into 
account the need to avoid consignment damage as far as possible.  
 Sorting and reconfiguring . The affected products may be removed by sorting 
and reconfiguring the  consignment incl uding repackaging if appropriate.  
 Treatment . Used by the NPPO when an efficacious treatment is available.  
 Destruction .  The consignment may be destroyed in cases where the NPPO 
considers the pest risk very high, there is no approved treatment, and the 
commodity cannot be adequately safe guarded for transport.  
 The non -complying consignment may be  refused entry and  removed from the 
port of entry by re turning to origin . 
In the case of non -compliance for an RNQP, action should be consistent with domestic 
measures and limited to bringing the pest level in the consignment, where feasible, into 
compliance with the required tolerance, e.g. through treatment or by downgrading o r 
reclassification where this is permitted for equivalent material produced or regulated 
domestically. The NPPO is responsible for issuing the necessary instructions and for 
verifying their application.  
 
Enforcement is normally a function of the NPPO but other agencies may be authorized 
to assist. An NPPO may decide not to apply phytosanitary action against a regulated 
pest or in other instances of non -compliance where actions are not technically justified 
in a particular situation, such as if there is no risk of establishment or spread (e.g. a 
change of intended use such as from consumption to processing or when a pest is in a 
stage of its l ife cycle which will not enable establishment or spread), or for some other 
reason.   
4.1.6. 1 Emergency  action  
Emergency action may be required in a new or unex pected phytosanitary situation. In 
regulated consignments or other regulated articles in which their presence is not 
anticipated and for which no measures have been specified  as contaminants of 
conveyances, storage places or other places involved with imported commodities .  
Action similar to that required in cases of no n-compliance may be appropriate .  
Commonly encountered situations requiring emergency action include:  
 Pests not previously assessed . Non -listed organisms  may require emergency 
phytosanitary actions  because they may not have been previously assessed. At the 
time of interception, they may be categorized as regulated pests on a preliminary 
basis because the NPPO has a cause to believe they pose a phytosanitary threat. In 
such instances, it is the respo nsibility of the NPPO to  be able to provide a sound 
technical basis. If provisional measures are established, the NPPO : o should actively pursue additional information, if appropriate with the 
participation of the NPPO  
o of the exporting country, and complet e a PRA to establish in a timely manner 
the regulated or  
Non-regulated  status of the pests  
 Pests not regulated for a particular pathway . Emergency phytosanitary actions may 
be applied for pests that are not regulated with respect to particular pathways. 
Although regulated, these pests may not have been listed or otherwise specified 
because they were not anticipated for the origin, commodity, or circumstances for 
which the list or measure was developed. Such pests  should be included on the 
appropriate list (s) or other measure(s) if it is determined that the occurrence of the 
pest in the same and similar circumstances may be anticipated in the future.  
 Lack of adequate identification . In som e instances, a pest may justify phytosanitary 
action  because the pes t cannot be adequately identified or is inadequately described 
taxonomically.  
 Where identification is not feasible, the NPPO should have a sound technical basis 
for the phytosanitary actions taken.  
 Where pests are routinely detected in a form that does no t allow for adequate 
identification (e.g. eggs, early instar larvae, imperfect forms), every effort should be 
made to raise sufficient specimens to allow identification. Contact with the exporting 
country may assist with the identification or provide a pre sumed identification. Such 
pests in this state may be deemed temporarily to require phytosanitary measures.  
 Once identification is achieved and if, on the basis of PRA, it is confirmed that such 
pests justify phytosanitary actions, NPPOs should add such p ests to the relevant 
list(s) of regulated pests, noting the identification problem and the basis for requiring 
actions.  
4.1.6.2 Reporting  of non -compliance and emergency action  
The reporting of interceptions, instances of non -compliance and emergency action is an 
obligation for contracting parties to the IPPC so that exporting countries understand the 
basis for phytosanitary actions taken against their products on import and to facilitate 
corrections in export systems. Systems are needed for the collec tion and transmission 
of such information.  
  
4.1.6.3 Withdrawal  or modification of regulation  
In the case of repeated non -compliance, or where a significant non -compliance or 
interception  warranting emergency action occurs, the NPPO of the importing 
contracting party may withdraw the  authorization (e.g. permit) allowing import, modify 
the regulation, or institute an emergency or  provisional measure with modified entry 
procedures or a prohibition. The exporting country should be notified  promptly of the 
change and rationale for this change.    
4.1.7 Systems for authorization of non -NPPO personnel  
NPPOs may authorize, under their control and responsibility, other government 
services, non - governmental organizations, agencies or persons to act on their behal f 
for certain defined functions  if the requirements of the NPPO are met .  
4.1.8 International liaison  
To comply with the international obligations (Articles VII and VIII of the IPPC) Nepal 
has: 
 provision of an official contact point notification of specified points of entry 
publication and transmission of lists of regulated pests,  
  phytosanitary requirements, and needs to develop restrictions and prohibition  
 provision of notification of non -compliance and emergency action (ISPM 
13:2001) provision of  the rationale for phytosanitary measures, on request  
  provision of relevant information  
 Administrative arrangements are required to ensure that these obligations are 
discharged efficiently and promptly.   
4.1.9 Notification and dissemination of regulatory information  
4.1.9.1 New  or revised regulations  
Proposals for new or revised regulations should be published and provided to 
interested parties on request, allowing reasonable time for comment and 
implementation.  
4.1.9.2 Dissemination  of established regu lations  
Established import regulations, or relevant sections of them, should be made 
available to interested and affected contracting parties as appropriate, to the 
IPPC Secretariat and to the RPPO(s) of which they are a member. Through 
appropriate proced ures, they may also be made available to other interested 
parties (such as import and export industry organizations and their 
representatives). NPPOs are encouraged to make import regulatory information 
available by publication, whenever possible using ele ctronic means including 
Internet websites and linkage to these via the IPPC International Phytosanitary 
Portal (IPP) (http://www.ippc.int).   
4.1.10 National  liaison  
 Procedures that facilitate cooperative action, information sharing and joint 
clearance activities within the country should be established with relevant government agencies or services as appropriate.  
4.1.11 Settlement  of disputes  
The implementation of an import regulatory system may give rise to disputes with the 
authorities of other countries. The NPPO should establish procedures for consultation 
and exchange of information with other NPPOs, and for settlement of such disputes 
“shall consult among themselves as soon as possible” prior to considering calling on 
formal international dispute -settlement procedures (ArticleXIII.1 of the IPPC).  
4.2 Resources  of NPPO   
Government of Nepal should provide the NPPO appropriate resources to carry out its 
functions.  
4.2.1 Staff, including training  
The NPPO should employ or authorize personnel who have appropriate qualifications 
and skills .  NPPO should provide adequate and sustained training to all personnel to 
ensure competency in the areas  for which they have responsibility . 
4.2.2 Information  
The NPPO should, ensure that adequate information is available to personnel, in 
particular  
 guidance documents, procedures and work instructions as appropriate 
covering relevant aspects of the operation of the import regulatory system  
 the import regulations  of Nepal  
 information on its regulated pests including biology, host range, pathways, 
global distribution,  detection and identification methods, treatment 
methods:  
The NPPO should have access to information on the presence of pests in its country 
(preferably as pest lists), to facilitate the categorization of pests during pest risk 
analysis.  The NPPO should also maintain lists of all its regulated pests. (Refer ISPM 
19:2003). Where a regulated pest is present in the country, information should be 
maintained on its distribution, pest free areas, and official control and, in the case of an 
RNQP , official programs  for plants for planting.  
4.2.3 Equipment and facilities  
The NPPO should ensure that adequate equipment and facilities are available for  
 inspection, sampling, testing, surveillance and consignment verification 
procedures  
 communication and access to information   
5. Documentation, communication and review  
 5.1 Documentation  
5.1.1 Procedures   
The NPPO should maintain guidance documents, procedures and work 
instructions covering all aspects  of the operation of the import regulatory system. 
Procedures to be documented include : 
 preparation of pest lists  
 pest risk analysis  
 where appropriate, establishment of pest free areas, areas of low 
pest prevalence, pest free  
 places of production or pro duction sites, and official control 
programs  
 inspection, sampling and testing methodology (including methods for 
maintaining  sample  integrity)  action on non -compliance, including 
treatment notification of non -compliance  notification of emergency 
action  
5.1.2 Records   
Record s should be kept of all actions.  Following records should be maintained  
 documentation of pest risk analyses  
  documentation of pest free areas, areas of low pest prevalence, and official 
control  program (including information on the  distribution of the pests and the 
measures  used to maintain the PFA or area of low pest prevalence)   
 records of inspection, sampling and testing  non-compliance and emergency 
action (in accordance with ISPM 13:2001  
If appropriate, records may be kept of im ported consignment  
 with specified end uses  
 subject to post -entry qua rantine or treatment procedures requiring follow up 
action (including trace -back), according to pest risk, or  as necessary to manage 
the import regulatory system . 
 
6. Communication   
The NPPO should ensure that it has communication procedures to contact  importers 
and appropriate industry representatives , NPPOs of exporting countries , the Secretariat 
of the IPPC and the  secretariats of the RPPO(s) . 7. Review  Mechanism  
7.1 System  review  
The NPPO should  periodically review its import regulatory system. This may 
involve monitoring  the effectiveness of phytosanitary measures, auditing the 
activities of the NPPO and authorized  organizations or persons, and modifying 
the phytosanitary legislat ion, regulations and procedures as required.  
7. 2 Incident  review  
The NPPO should have procedures in place to review cases of non -compliance and 
emergency action. Such a review may lead to the adoption or modification of 
phytosanitary measures  in the cou ntry.