Plant Quarantine and Protection Act, 2007

Chapter-1
Preliminary

1. Short title and commencement: (1) This Act may be called the "Plant Quarantine and Protection Act, 2064".

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Plant" means a living or dead plant or any part thereof, and the term includes stem, branch, bud, graft, bark, root, leaf, fruit, flower, seed and germplasm of a plant.

(b) "Plant product" means unprocessed plant material (including grain) ready for use, or processed plant material ready for use which, due to the nature of processing or any other reason, may introduce or spread pests.

(c) "Other article" means any storage place, packaging, container, vehicle, growing medium such as soil, moss, peat and other similar articles that may harbor or spread disease or insects.

amended by the first amendment.(d) "Pest" means any organism, including plants, animals or disease-causing microorganisms, that injures plants or plant products, and the term also includes species, subspecies, strains and biotypes of microorganisms.

amended by the first amendment.(e) "Regulated pest" means a pest specified by the Ministry by publishing a notice in the Nepal Gazette as causing economic injury to plants or plant products, and the term includes quarantine pests and regulated non-quarantine pests.

amended by the first amendment.(f) "Quarantine pest" means a pest of economic importance not present in Nepal, or present but not widely distributed and being controlled.

added by the first amendment.(f1) "Regulated non-quarantine pest" means a pest whose presence on plants or plant products may cause economic harm to their intended use.

(g) "Beneficial insect" means insects such as bees, silkworms, lac insects.

(h) "Biological control agent" means organisms such as parasites, hyper-parasites, predatory insects used for pest control through biological methods, and the term includes fungi, bacteria, viruses and similar organisms.

(i) "Vehicle" means aircraft, train, truck, cart, horse, mule and other similar means used for the transport of plants, plant products or other articles.

(j) "Container" means any vessel, box, bag or other similar article used or intended for the transport of plants, plant products or other articles.

(k) "Quarantine" means the act of placing such plants, plant products or other articles in a designated place or as specified by an inspector for observation, testing, inspection, investigation, examination to determine health, and for treatment if not healthy.

(l) "Testing area" means an area designated for completing the plant health testing process.

(m) "Pest area" means an area where the entry of a pest has occurred with the intent of establishing permanence.

(n) "Infestation" means the presence or spread of a pest in a manner causing damage to plants or plant products.

(o) "Inspector" means a person designated pursuant to Section 14.

amended by the first amendment.(p) "Ministry" means the Ministry dealing with agricultural matters.

(q) "Committee" means the Plant Quarantine Committee formed pursuant to Section 3.

(r) "Organization" means the office of the National Plant Protection Organization designated by the Government of Nepal pursuant to Section 6.

(s) "Import permit" means a permit issued pursuant to Section 7.

(t) "Phytosanitary certificate" means a phytosanitary certificate issued pursuant to Section 12.

(u) "Entity" means a firm or organized body registered pursuant to prevailing law.

(v) "Pest risk analysis" means the process for determining regulated pests pursuant to Section 17 for the purpose of importing plants or plant products.

(w) "Endangered area" means an area where environmental conditions are favorable for the establishment of a pest that may cause economic damage to plants or plant products.

(x) "Office" means an office established pursuant to Section 33.

added by the first amendment.(x1) "Head of Office" means the head of an office established pursuant to Section 33.

(y) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act.