IMP.No.47/2005
EXP.No.47/2005

PUBLIC NOTICE No.-03/2005 Dated:07/02/2005

Sub: Attention of all members of Trade, CHA & other concerned is invited to the Plant Quarantine (Regulation of Import into India) order, 2003 and subsequent Plant Quarantine (Amendment) Order, 2004 thereof
1. Attention of all members of Trade, CHA & other concerned is invited to the Plant Quarantine (Regulation of Import into India) order, 2003 and subsequent Plant Quarantine (Amendment) Order, 2004 thereof.

2. The Plant Quarantine (Regulation of Import into India) Order, 2003 has been notified by the Ministry of Agriculture (Department of Agriculture and Co-operation), New Delhi vide the Gazette Notification No.S.O.1322 (E) dated 18th November, 2003 under Section 3(1) of the Destructive Insect and Pests (DIP) Act 1914 (2 of 1914) and subsequent the Plant Quarantine (Regulation of Import into India) (Amendment ) Order, 2004 vide the Gazette of India Notification No.S.O.167 (E) dated 6th February, 2004 under Section 3(1) of DIP Act, 1914. This Order read with the Amendment has replaced the earlier Plants, Fruits and Seeds (Regulation of Import into India) Order. 1989 and other notifications connected therewith and all other notification issued under Section 3 of the Destructive Insects and Pests Act, 1914. The Plant Quarantine (Regulation of Import into India ) Order, 2003 has come into force on the 1st day of January, 2004 except clause 3, sub-clause (22) of the Order which is concerning with the regulation of import of packaging material.

3. The effective date of provisions of sub-clause (22), clause (3) of Plant Quarantine (Regulation of Import into India ) Order, 2003 was initially 1st April 2004 which was extended to 1st day of June 2004 vide Plant Quarantine (Regulation of Import into India) (Second Amendment) Order, 2004 issued vide notification No.S.O.427(E) dated 29.3.2004.

4. The Ministry of Agriculture, Department of Agriculture and Cooperation vide Plant Quarantine (Regulation of Import into India) (Third Amendment) Order, 2004 issued vide notification S.O.644 (E) dated 31.5.2004, have deleted sub-clause 21 and 22 of Clause 3 of the Plant quarantine (Regulation of Import into India) Order, 2003 with immediate effect. At the same time new sub-clause 20A prescribing treatment of wood packaging materials has been inserted in clause 3 of Plant Quarantine (Regulation of import into India ) Order, 2003. This clause has come into force on 1st November, 2004. The text of Notification dated 31.5.2004 is reproduced below.

5. In exercise of the powers conferred by sub-section (1) of section 3 of the Destructive Insects and Pests Act, 1914 (2 of 1914), the Central Government hereby makes the following Order further to amend the Plant Quarantine (Regulation of Import into India) Order, 2003 namely :-

1. (1) This Order may be called the Plant Quarantine (Regulation of Import into India) Third Amendment Order, 2004.

(2)Save as otherwise provided in this order, this order shall come into force on the 1st November, 2004.

2. In the plant Quarantine (Regulation of Import into India) Order, 2003:-

(a) In clause 2-

(i) sub-clause (xv) shall be omitted:-

(ii) after sub-clause (xxx), the following sub-clause shall be inserted, namely:-

“ (xxxi) “Dunnage” means wood packaging material used to secure or support a commodity but which does not remain associated with the commodity (FAO, 1990: revised ISPM Pub.No.15,2002):

“(xxxii) Wood packaging material” means wood or wood products (excluding paper products ) used in supporting, protecting or carrying a commodity (includes dunnage) (ISPM Pub No.15,2002);

(xxxiii) “Article” means any kind of movable property including any goods and stores consigned from one party to another as a shipment and covered by a bill of entry of customs, shipping or airway bill and/ or invoice in the course of international trade.”

(b) in clause 3 –

(i) after sub-clause (20), the following sub-clause shall be inserted, namely:-

“(20A). No article, packed with raw/solid wood packaging material shall be released by the proper officer of Customs unless the wood packaging material has been appropriately treated and marked as per ISPM-15 or is accompanied by a phytosanitary certificate with the treatment endorsed.

The treatment of raw/solid – wood packaging material prior to export shall include either methyl bromide (MB) @ 48 g/m3 for 16 hrs at 21o C and above or any equivalent thereof or heat treatment (HT) at 56oC for 30 min (core temperature of wood) or Klln Drying (KD) or Chemical Pressure Impregnation (CPI) or any other treatments provided that these meet the HT specifications of the ISPM-15.

Any article, if found packed with raw/ solid wood packaging material without specified treatment and without marking as per ISPM-15 or if not accompanied by phytosanitary certificate with treatment endorsed, as the case may be, shall be considered untreated and shall be referred by the proper officer of the Customs to Plant Quarantine Officer. The proper officer of customs shall grant release of such articles packed with untreated wood packaging material only after ensuring that the wood packaging material has been approximately treated at the point of entry under the supervision of Plant Quarantine Officer.

Provided that above conditions shall not be applicable to wood packaging material wholly made of processed wood products such as ply wood, particle board, oriental strand board or veneer that have been created using glue, heat and pressure or combination thereof. Also the above conditions shall not be applicable to wood packaging material such as veneer peeler cores, saw dust, wood wool & shavings and thin wood pieces (less than 6 mm thickness), unless they are found to be harboring any regulated pests specified in this order.

Provided further that nothing contained in this clause shall be applicable to wood packaging materials used for packaging of bona-fide passenger baggage containing goods other than plant and plant products.

(ii) Sub-clauses (21) and (22) shall be omitted with effect from the date of publication of this Order”.

6. Further Ministry of Agriculture, Deptt. Of Agriculture and Co-operation in its latest Circular dated 19.11.2004 issued vide F.No.8-5/2004 –P P.1(pt) has clarified that import consignments shall not be detained or stopped for non compliance of the provisions of Notification S.O.644 (E) dated 31.5.2004. Instead, in case of non-compliance of the any of the provisions of this order, the particulars of the consignment including the details of the exporter, the exporting country, the bill of lading /Airway Bill, etc. may be noted and communicated to the PPA, who shall arrange, at the earliest, to put the details of such non-compliance on the website www.plantquarantineindia.org and shall also intimate the same to the NPPO of the exporting defaulting country and the exporter concerned.

7. The details of the Plant Quarantine (Regulation of import into India) Order and its amendments may be seen in the website of Department of Agriculture and Co-operation, i.e. http://agricoop.nic.in

8. In view of the above, all the members of Trade, CHA & others concerned are requested to take note of the above-mentioned order & contents of this Public Notice and ensure strict compliance thereof. The contents of this Public Notice may be given wide publicity among the members of the Trade for strict compliance.

F.No.S/26-108/2004 A(G)

(A.K.PRASAD)
COMMISSIONER OF CUSTOMS (IMPORT)
PHONE NO.22620845

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