9 March 2011

(Unofficial translation)

Plants Act B.E.2518
BHUMIBOL ADULYADEJ, REX.
Given on 9th February B.E.2518;

Being the 30th year of the present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that :

Whereas it is expedient to have a law on plants:

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly as follows :

Section 1. This Act is called the "Plants Act, B.E.2518"

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette. (Section 3 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Section 3. In this Act.

"Plant Variety" means a variety or a group of plants which have the same or identical genotype and phenotype and have a specific identifiable character different from other group of plant in the same species.

"Seed" means seed or part of plant to be used for growing or propagation such as stalk, stump, bulb or shoot, rhizome, branch, twig, bud, root, tuber, flower, fruit or seed.

"Controlled seed" means seed prescribed by the Minister as controlled seed.

"Certified seed" means any seed the quality or properties of which have been tested, examined or analyzed and the Director-General has issued a certificate therefore :

"Registered Variety" means a plants which has been passed through registration procedures and the Director-General has issued a certificate therefore.

"Certified Variety" means a registered variety which has been approved to be certified variety and the Director-General has issued a certificate therefore.

"Reserved Plant" means a plant prescribed by the Minister as reserved plant.

"Prohibited Plant" means a plant prescribed by the Minister as prohibited plant.

"Conserved Plant" means plant species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora prescribed by the Minister as conserved plant.

"Artificial Propagation" means non-naturalize propagation according to rules and method prescribed by the Director-General.

"Label" includes any picture, imprint or statement shown on a container.

"Container" means any material specifically used for packing or wrapping seed.

"Collect" means to collect seed for selection or packing in a container.

"Sale" means to sell, distribute, give or exchange for commercial purpose and includes to possess for sale.

"Import" means to bring or order into the Kingdom.

"Export" means to take or send out of the Kingdom.

"Bringing in transit" means bringing or sending through the Kingdom by unloading or transshipment.

"Premise" means the place, building or part of the building and also means the site of the building.

"Committee" means the Plants Committee.
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"Competent Authority" means person appointed by the Minister for execution of this Act.

"Director-General" means the Director-General of the Department of Agriculture.

"Minister" means the Minister having charge and control of the execution of this Act.
(Section 4 of the Plants Act B.E.2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

Section 4. This Act shall not apply to Government agencies and state Enterprises attached to the Ministry of Agriculture and Cooperatives or other Government agencies concerning
(1) Controlled Seed
(2) Reserved Plant
(3) Prohibited Plant

Section 5. The Minister of Agriculture and Co-operatives shall have authority and control of the execution of this Act and shall have the power to appoint competent officials, issue Ministerial Regulation prescribing fees not exceeding the rates annexed hereto, exempting fees and prescribing other activities, and issue Notifications for the execution of this Act.

Such Ministerial Regulations and Notifications shall come into force upon their publication in the Government Gazette.

Chapter 1
Plants Committee

(Section 6 of the Act B.E. 2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings :)
Section 6. There shall be a committee called the "Plants Committee" consisting of the Permanent Secretary of the Ministry of Agriculture and Co-operatives as
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Chairman, Director-General of the Department of Agriculture, Director-General of the Department of Agricultural Extension, a representative of the Royal Forest Department, a representative of the Customs Department and not more than nine qualified persons appointed by the Minister as members, and the Director of the Agricultural Regulatory Division as member and secretary.

Section 7. A qualified member shall hold office for a term of two years, but may be re-appointed

Section 8. A qualified member vacates office before the expiration of his term upon:
(1) death;
(2) resignation;
(3) being dismissed by the Minister;
(4) being a bankrupt;
(5) being an incompetent or quasi-incompetent person;
(6) having been imprisoned by a final judgment of imprisonment except that such punishment is for an offence committed through negligence or for a petty offence;

When a qualified member vacates his office before the expiration of term of office, the Minister may appoint other person to replace him and such person shall hold office for the remaining term of office of the person he replaces.

Section 9. At a meeting of the Committee, the presence of not less than one-half of the total number of members is required to constitute a quorum. If the Chairman is not present or is unable to perform his duty, the members present shall elect one of them to preside over the meeting.

The decision of the meeting shall be by a majority of votes. In casting votes, each member shall have one vote; in case of an equality of votes, the chairman shall cast another vote as casting vote.

(Section 10 and 11 of the Act B.E. 2518 was repealed by Plants Act (No.2) B.E.2535 and supersedes with the followings:)

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