19 February 2010

PLANT QUARANTINE ACT B.E. 2507
AMENDED BY
PLANT QUARANTINE ACT (NO. 2) B.E. 2542 AND
PLANT QUARANTINE ACT (NO. 3) B.E. 2551

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BHUMIBOL ADULYADEJ, REX
Given on the 13th day of March, B.E. 2507.
Being the 19th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to have a law on plant quarantine;
Be it, therefore, enacted by the King, by and with the advice and consent of the Constituent Assembly acting as the National Assembly, as follows:

Section 1 This Act shall be called the “Plant Quarantine Act, B.E. 2507”.

Section 2 This Act shall come into force after the expiration of ninety days from the date of its publication in the Government Gazette.

Section 3 The Plant Diseases and Plant Pests Prevention Act, B.E. 2495 shall be repealed.

Section 4 In this Act,
“plant” means all species of plants including terrestrial, aquatic, and other kinds of plants, including any parts thereof such as the stems, buds, stocks, shoots, offshoots, branches, leaves, roots, rhizomes, bulbs, flowers, fruits, seeds,
and cultures and spores of mushrooms, be they propagable or dead; including predators, parasites, silkworms, silkworm-eggs, silk-cocoons, bees, bee-hives, and microorganisms;

“controlled plant” means plants declared by the Minister in the Government Gazette as controlled plant;

(“specific controlled plant” shall be incorporated herein by Section 3 of the Plant Quarantine Act (No. 3) B.E. 2551.)

“specific controlled plant” means plants declared by the Minister in the Government Gazette. It shall require protective measures and inspection on microorganisms or other articles that are harmful to human health, in compliance with the importing country requirements prior to exportation.

“plant germplasm” means a group of cells with diverse inheritable genes that form pieces of plants which are alive and propagable, be they in a form of seeds, tissues, or any part of plants, including genetic materials that may inherit
any characteristics controlled by them, herein specific only to those useful for breeding purposes;

“soil” means soil with organic matters or with livable conditions for plant pests.

“plantpest” means those which are harmful to plants, such as plant pathogens, insects, animals or plants which may do harm to plants.

“carrier” means planting materials, soil, sand, containers or other materials in which plants are packed, organic fertilizers or others which may serve as media for the plant pests;

“prohibited article” means plants, plant pests and carriers declared by the Minister in the Government Gazette as prohibited article;

“restricted article” means plants, plant pests and carriers declared by the Minister in the Government Gazette as restricted article;

“unprohibited article” means other plants which are not prohibited or restricted articles;

“owner” includes agent of the owner, person in possession of the articles and person in charge of the conveyance transporting the articles;

(“pest risk analysis” shall be incorporated herein by Section 4 of the Plant Quarantine Act (No. 3) B.E. 2551.)

“pest risk analysis” means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it;

“importation” means bringing or ordering into the Kingdom by any means whatsoever;

(“bring in transit” shall be repealed by Section 5 of the Plant Quarantine Act (No. 3) B.E. 2551 and shall be replaced by the following definition.)

“bringing in transit” means bringing or sending through the Kingdom with or without transshipment;

“exportation” means bringing or sending out of the Kingdom by any means whatsoever;

“plant quarantine station” means a station declared by the Minister in Government Gazette for inspecting plants, prohibited articles, restricted articles and plant germplasms imported or brought in transit;

“post-entry quarantine station” means a place declared by the Minister in the Government Gazette as a place for holding plants, prohibited articles, restricted articles, and plant germplasms for observation and research;

“plant pest controlled area” means a locality declared by the Director- General in the Government Gazette as area for prevention or eradication of plant pests;

(“phytosanitary certificate” shall be incorporated herein by Section 6 of the Plant Quarantine Act (No. 3) B.E. 2551.)

“phytosanitary certificate” means an official document issued by the competent authority of exporting country to verify that plant, plant germplasm or carrier is free from pests, in compliance with the importing country requirements;
(“phytosanitary certificate for re-export” shall be incorporated herein by Section 6 of the Plant Quarantine Act (No. 3) B.E. 2551.)

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