PLANT PROTECTION LAW
CHAPTER 1 GENERAL PROVISIONS
(PURPOSE OF THE LAW)
Article 1. The objective of this Law is to ensure the stabilization and development of agricultural production by inspecting export plants, imported plants and domestic plants, by controlling injurious animals and plants and by preventing the outbreak and spread thereof.
(DEFINITIONS)
Article 2. 'Plants' as used in this law shall mean any plant (including a part thereof, seed, fruit and processed goods such as straw mat, straw bale or other similar products) belonging to phanerogam, pteridophyte or bryophyte, exclusive of injurious plants specified in next paragraph.
2. ‘Injurious plants’ as used in this law shall mean any fungus, slime mold, bacterium, parasitic plant or virus which is directly or indirectly injurious to economic plants.
3. ‘Injurious animals’ as used in this law shall mean insect, mite and other arthropod, nematode and other invertebrate animals, and certain vertebrate animals which are proven to be harmful to economic plants.
4. ‘Forecast of outbreak program’ as used in this law shall mean the undertaking in which the outbreak of damage on agricultural crops due to injurious animals and plants is surmised beforehand by investigating the conditions of propagation of injurious animals or plants, weather, growth of agricultural crops, etc. and the information obtained thereby is offered to the parties concerned, in order to ensure timely and economical control of injurious animals or plants.
5. ‘Electronic information processing system’as used in this law shall mean the electronic information processing system in which the electronic computer (including input/output devices, hereinafter the same) used by the Plant Protection Station is connected, through electronic communication lines, with the input/output devices used by the person who intends to report in accordance with the provision of Article 8, paragraph 1.
(PLANT QUARANTINE OFFICIAL AND INSPECTOR)
Article 3. Plant Quarantine Official shall be established in the Ministry of Agriculture Forestry and Fisheries to carry out the quarantine or the control stipulated in this Law.
2. Temporary plant quarantine inspector may be established in the Ministry of Agriculture, Forestry and Fisheries to assist the business of quarantine control to be carried out by the Plant Quarantine Official.
3. Temporary plant quarantine inspector shall be a part time employee.
(AUTHORITY OF PLANT QUARANTINE OFFTCIAL)
Article 4. Plant Quarantine Official may, if he deems that there exist plants, packing materials or containers thereof which may be infested with injurious animals and plants, enter land, premises, warehouse, business office, ship, train or airplane and inspect the plants concerned, packing materials or containers thereof, or ask question of the person concerned, or collect, without compensation a necessary minimum of sample of plants concerned, packing materials or containers thereof, etc. for inspection.
2. Plant Quarantine Official may, in case he deems that there is an infestation of injurious animals or plants as s result of inspection under the provision of the preceding paragraph, and when it is necessary to control the same or prevent the spread thereof, order any person in possession of, or managing the plants concerned, packing materials or containers thereof, land, premises, warehouse, business office, ship, train or airplane concerned to disinfect the same.
3. In the case of the preceding paragraph, the provision of Article 20, paragraph 1 (Compensation Against Loss) shall apply with necessary modifications.
4. The authority of inspection upon entering the premises, questioning and collection of sample under the provision of paragraph 1 shall not be construed as being approved for a criminal investigation.
(CARRYING OF IDENTIFICA TION CARD AND UNIFORM)
Article 5. Plant Quarantine Official and Plant Quarantine Inspector shall carry in person their identification cards indicating their official status in carrying out their duties in accordance with this Law. The identification card shall be shown to the persons concerned when Plant Quarantine Official or Inspector exercises his authority under the provision of paragraph 1 of the preceding Article, or when he has been so requested by the person concerned.
2. Uniform of Plant Quarantine Official shall be determined by the Minister of Agriculture, Forestry and Fisheries.
CHAPTER 2 FOREIGN PLANT QUARANTINE
(QUARANTINE PESTS)
Article 5-2. ‘Quarantine pests’ as used in this Chapter shall mean the injurious animals and plan ts designated by the Ministerial Ordinance as those which, in case of their spread, are liable to cause damage to economic plants and coincide with either of the following items.
(1) Injurious animals and plants not confirmed to exist in Japan.
(2) Injurious animals and plants already present in a part of Japan and for which forecast of outbreak or other necessary control measures are being undertaken by the State.
2. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries, in case he intends to establish the Ministerial Ordinance under the provision of the preceding paragraph, to hold a public hearing in advance and hear the opinions of interested parties and persons of knowledge and experience.
