The purpose of this Law is to strengthen the legal and institutional framework, the creation of appropriate economic and legal conditions for the organization and implementation of plant protection and phytosanitary quarantine, which ensure: (a) prevention of mass spread of pests, prevention of yield losses and obtaining of high-quality agricultural products, in particular ecological production; (b) protection of the country's territory from the penetration, spread and/or importation of quarantine organisms from other countries. The subject of regulation of this law shall be: (a) organization and implementation of plant protection and phytosanitary quarantine on the territory of the Republic of Moldova; (b) measures and actions to protect against the spreading or introduction into the territory of the Republic of Moldova from other countries, including through byproducts falling under the quarantine phytosanitary regime, of pests; and (c) relations with central and local public administration authorities, individuals and legal entities that are residents or non-residents, regardless of the type of ownership and organizational and legal form involved in the production, storage, transportation, import, export, re-export, transit and trade of plants, living plant parts, seeds and planting material, associated commodities and materials subject to the quarantine phytosanitary regime, as well as relations arising in the process of control of the afore-mentioned activities. This law applies to timber and wood products, except where there are other special instructions. Measures in the field of phytosanitary quarantine are provided by: (a) development and implementation of measures to protect the country's territory from the penetration or importation of quarantine organisms from other countries; (b) timely detection, localization and elimination of quarantine organisms; (c) supervision and phytosanitary control in the production, storage, transportation, processing, trade and use of plants and plant products subject to the quarantine phytosanitary regime; (d) approving and implementing phytosanitary standards; (e) approval of lists of quarantine organisms and the nomenclature of goods subject to the quarantine phytosanitary regime; (f) implementation of quarantine phytosanitary control of imported, exported and re-exported quarantine products, including plant shipment in postal items, hand luggage, other luggage, as well as packaging material, vehicles and other related facilities subject to quarantine phytosanitary supervision; (g) the organization and performance of disinsection/disinfection of agricultural products, seed and planting material, associated products subject to the quarantine phytosanitary regime; (h) control of nurseries, plant variety testing areas, greenhouses for the production of seed and planting material, imported material; (i) issuance of phytosanitary certificates, quarantine import permits (transit), phytosanitary certificates; (j) establishment of a quarantine phytosanitary regime; (k) representation and protection of the interests of the Republic of Moldova in the field of phytosanitary quarantine in relevant regional and international organizations; and (l) application of phytosanitary measures jointly with other countries on the basis of international treaties to which the Republic of Moldova is a party. Phytosanitary control is provided by: (a) supervision of the implementation of economic, organizational, agrotechnical, biological and chemical measures for the protection of plants, compliance with the rules for storage, transportation and use of plant protection products by natural persons and legal entities, regardless of the type of ownership and organizational and legal form; (b) control over the application and compliance with this law with regard to the production, storage, transportation, processing, trade and use of plants and plant products, as well as phytosanitary products by natural persons and legal entities, regardless of the type of ownership and organizational and legal form; (c) monitoring the causes and conditions of the outbreak and spread of harmful and quarantine organisms, as well as defining a set of measures to combat them; (d) establishing procedures for the use of phytosanitary products for the protection of plants, plant products, timber and wood products; (e) sampling and ensuring official control of residual phytosanitary products and soil fertility in plants and plant products as part of food safety through control and toxicology laboratories; (f) monitoring the quality of phytosanitary products in the period after approbation through control and toxicology laboratories; (g) sampling, quarantine phytosanitary control and laboratory examination of imported, exported and re-exported plants, plant products, including plant shipment in postal items, hand luggage, other luggage, and related products subject to the quarantine phytosanitary regime; (h) inspections of introduction-quarantine and other nurseries, plant variety testing areas, greenhouses for the production of seed and planting material; (i) drawing up protocols on the establishment of offenses in the field of plant protection and phytosanitary quarantine and referring cases to the court; (j) supervision of disinfection/disinfection of seeds and planting material, other plant products and containers intended for trade, related products subject to quarantine phytosanitary regime, as well as separation of seeds for use from weed seeds; (k) inspection at least once a year, at least visual examination; (l) supervision of agricultural and forest lands, household plots and areas of horticultural partnerships, lands used for non-agricultural needs, including road and land protection zones under power transmission lines; (m) supervision of insect collections, pathogens of plant diseases, samples of damage caused by them, and also of herbaria and seed collections; and (n) use of other protective and preventive measures provided for by this law. This Law consists of X Sections. Section I lays down general provisions. Section II regards institutional organization of state management bodies in the sphere of plant protection and phytosanitary quarantine. Section III regards integrated system of plant protection, phytosanitary quarantine and phytosanitary control. Section IV regards quarantine phytosanitary regime and phytosanitary risks. Section V classifies plant protection means. Section VI regards import, export, trade of plants and plant products. Section VII regards phytosanitary certification, quarantine import (transit) authorization and phytosanitary certificate for re-export. Section VIII regards financial, material and technical support of phytosanitary control body. Social protection of the staff in the sphere of plant protection and phytosanitary quarantine. Section IX establishes duties and liability, dispute settlement and the solution of phytosanitary emergency situations. Section X lays down final and transitional provisions.The Phytosanitary Control Authority is an administrative body subordinated to the Government. Import or transit through the territory of the Republic of Moldova of plants, plant products and associated objects subject to quarantine phytosanitary regime is authorized upon presentation of the original Phytosanitary Certificate issued by the competent phytosanitary authorities of the exporting country, certifying the phytosanitary condition of each lot of plants, plant products (consignment) and associated objects subject to quarantine phytosanitary regime. The validity period of the Phytosanitary Certificate accompanying the consignment is 14 days from the date of its issuance by the phytosanitary authorities of the exporting country.
The purpose of this Law is to strengthen the legal and institutional framework, the creation of appropriate economic and legal conditions for the organization and implementation of plant protection and phytosanitary quarantine, which ensure: (a) prevention of mass spread of pests, prevention of yield losses and obtaining of high-quality agricultural products, in particular ecological production; (b) protection of the country's territory from the penetration, spread and/or importation of quaranti
Title:
Law No. 228 On plant protection and phytosanitary quarantine .
Country:
Republic of Moldova
Type of document:
Legislation
ECOLEX URL:
Repealed:
No