PLANT PROTECTION

ARRANGEMENT OF SECTIONS

SECTION

1. Short title and commencement

2. Interpretation

3. Inspectors

4. Duties of owners of land

5. Powers of inspectors

6. Owners to provide access and facilities to inspectors

7. Appeals

8. Sale by nurserymen of plants infested with a pest

9. Compensation

10. Limitation of action against Government

11. Offences

12. Regulations

An Act to provide for the eradication of pests and diseases destructive to plants to prevent the introduction and spread of pests and diseases destructive to plants, and for matters connected therewith and incidental thereto

1. Short Title and Commencement
This Act may be cited as the Plant Protection Act.

2. Interpretation
 (1) In this Act, unless the context otherwise requires—

“board of inquiry” means a board of inquiry appointed under section 7;

“container” means any case, package, pot, sack or other thing used as a container and includes any covering, wrapping or packing material;

“disease” means any abnormal condition of a plant, communicable or believed to be communicable by the transfer of a causative agent or by the propagation of an affected plant;

“growing medium” means a medium, including soil, capable of being used for the propagation or culture of plants;

“host plant” means a plant capable of being the host of a pest;

“infested area” means any area or place in which a pest exists;

“injurious organism” means any organism or like agent including a virus which is 
 
a. inimical to the growth or existence of living plants;
b. injurious to plants or plant products; or
c. capable of producing a disease;

“inspector” means a person authorized in writing by the Minister to exercise the powers or perform the duties of an inspector under this Act;

“invertebrate’’ means a living invertebrate animal organism in whatever stage of development it may be;

“nursery” means land or premises where nursery stock is grown or cultivated;

“nurseryman” means the owner or other person responsible for the management of a nursery;

“nursery stock” means woody perennial plants grown or cultivated for the purpose of trade;

“owner” in relation to land or premises includes a joint owner, part owner, lessee or occupier, or the agent of such owner, joint owner, part owner, lessee or occupier;

“pest” means an injurious organism which has been declared to be a pest under subsection (2);

“phytosanitary certificate” means a certificate issued by an officer of the plant protection service of Malawi, or of any other country concerned, as to the health of a plant or a growing medium;

“plant” means any member of the vegetable kingdom, whether living or dead, and includes any part of a plant, or the fruit or flowers thereof, whether severed therefrom or not, and any unmanufactured plant product;

“quarantine area” means an area declared to be a quarantine area under this Act;

“vehicle” includes an aircraft or a railway train.

2. For the purposes of this Act, the Minister may, by notice, declare any injurious organism to be a pest either generally or in respect of a particular type of plant and either with a view to its control or the prevention of its introduction or spread, or for some other purpose.

Top

3. Inspectors
(1) The Minister may, in writing, authorize any person to exercise the powers or perform the duties of an inspector under this Act, or

such of them as shall be specified in such written authorization.

(2) Every inspector shall, in the exercise of his powers or the performance of his duties under this Act, comply with any directions or instructions which the Minister may from time to time issue for the purposes of this Act.

4. Duties of owners of Land
(1) An owner of land or premises shall take all measures prescribed or required by or under this Act, and such additional or alternative of land measures as are reasonably necessary for the eradication, reduction or prevention of the spread of a pest or disease which an inspector may, in accordance with the provisions of this Act, in writing order him to take.

(2) If an owner of land or premises fails or neglects to take all or any of the measures which he is required to take in accordance with this section, an inspector may -

on giving the owner not less than seven days’ notice in writing of his intention so to do, cause the measures to be taken;

if he is satisfied that the measures must be taken without delay, cause the measures to be taken immediately without giving the notice referred to in paragraph (a)

(3) An owner of land or premises shall, without prejudice to any other penalty incurred by reason of his failure or neglect to take the measures which he is required to take in accordance with subsection (1)
be liable to pay the costs incurred by the inspector in respect of the measures he causes to be taken in accordance with subsection (2), which shall be recoverable as a debt due to the Government.

Top

5. Powers of Inspectors
(1) An inspector may, in the performance of his functions under this Act, and upon production of his written authorization by the Minister, if demanded -

at all reasonable times enter upon and inspect any land, premises, buildings, vehicles or vessels on or in which growing media or plants may be found, or on or in which he reasonably suspects that a pest may be found;

inspect any growing media, and plants, and for the purpose of detecting pests, expose the roots of any plant, remove bark or cut any plant or open any container which he believes to contain growing media or plants liable to harbor a pest;

order the taking of measures which are prescribed or are reasonably necessary for the eradication or prevention of a pest;

declare any plants, growing media or containers to be infested with a pest;

order the destruction at any time of any host plants or any plants declared by him to be infested with a pest, or any plant which is growing on land or in any growing media contrary to the provisions of this Act or nay regulations made thereunder;

if he reasonably suspects the presence of a pest on land, premises or in a building, declare the area in which the land, premises or building is situated to be an infested area, and in writing prohibit for a period not exceeding fourteen days, the removal from the land, premises or building of growing media, plants,
containers or other things whatsoever capable of spreading a pest;

subject to the provisions of subsection (2), order the seizure, detention and destruction without compensation of any imported growing medium or plant or injurious organism or invertebrate, together with the container thereof-

i. which is imported in contravention of the provisions of this Act or any regulations made thereunder;

ii.which is imported otherwise than in accordance with the conditions of a permit to import issued under this Act or any regulations made thereunder;

iii. which is not at the time of importation accompanied by such a certificate of origin, phytosanitary certificate, or other document as may be prescribed or which is accompanied by such a certificate or other document which is incorrect in a material particular.

(2) Where an importer or owner of a growing medium or plant or other thing which has been the subject of an order of destruction under this section, other than a growing medium or plant which has been declared by an inspector to be infested with a pest, gives notice of his intention to appeal in accordance with section 7 the order of destruction shall not take effect unless and until the period specified for lodging notice of appeal is dismissed, withdrawn or abandoned.

Top

6. Owners to provie access and Facilities to inspectors
An owner of land, premises, a building, vehicle or vessel, or of a  growing medium or plant, and the agent of such owner, shall afford an inspector access thereto and shall give such information and provide such labor and facilities as the inspector may require for the purposes Owners to provide of carrying out an inspection under this Act.

7 Appeals

 (1) Subject to the provisions of subsection (2), the importer or

owner of a growing medium or plant or other thing, the destruction of which has been ordered in accordance with the provisions of this Act may, within seven days of the date of the order, lodge with the Minister a notice of appeal against the order.

Provided that there shall be no right of appeal in respect of -

an order for the destruction of a growing medium or plant declared by an inspector to be infested with a pest; or

an order of destruction made under Section 5 (1) (e).
(2) A notice of appeal shall be in writing and shall specify the grounds of the appeal.

(3) The Minister may, after such inquiries as he considers necessary thereupon determine the appeal himself or may if he considers it desirable refer the appeal to a board of inquiry appointed by him in accordance with the provisions of this section.

(4)A board of inquiry for the purposes of this section shall consist of three members appointed by the Minister of whom -

one member, who shall be the chairman, shall be a legal practitioner; and not less than two members shall be persons who are not public officers.

(5)The powers, rights and privileges of a board of inquiry shall be the same as those conferred upon commissioners by the Commissions of Inquiry Act and the provisions of section 9 to 13 of that Act shall mutatis mutandis apply in relation to the proceedings of a board of inquiry appointed under this section and to a person summoned to give evidence or giving evidence before a board of inquiry.

(6) The board of inquiry shall as soon as possible report its findings and make recommendations in writing to the Minister who shall thereupon determine the appeal giving due consideration to the findings and recommendations of the board of inquiry.

(7) If a board of inquiry recommends that an appeal be dismissed it may also recommend that the appellant pay to the Government the costs incurred by the Government in connection with the appeal or may make such other recommendations as it considers appropriate, and the Minister in determining the appeal may give effect to such recommendations.

(8) Any determination by the Minister shall be final and shall not be questioned in any court and any order by the Minister that theappellant shall pay any of the costs of the Government in connection with the appeal shall constitute a debt owing by the appellant to the Government which may be used for in any court.

(9) Members of a board of inquiry who are not public officers shall be paid, out of moneys appropriated for the purpose by Parliament, such remuneration as the Minister may prescribe.

(10) All members of a board of inquiry shall be paid, out of moneys appropriated for the purpose by Parliament, such allowances to meet the reasonable expenses incurred by them in connection with an appeal as the Minister may prescribe.

Top

8. Sale by Nurserymen of plant infested with a pest

If within three days of the delivery to him of plants sold by a nurseryman, the purchaser of the plants finds that they are infested with an injurious organism he may return the plants to and at the expense of the nurseryman and shall thereupon be freed from the Sale by liability to pay for them, or if he has paid for them he may recover the purchase price.

Compensation

9. (1) Subject to the provisions of this Act, the Minister may, out of moneys appropriated for the purpose by Parliament, pay compensation to the owner of a growing medium or plant destroyed under the powers conferred by this Act.

(2) If the owner of the growing medium or plant so requires, the Minister may appoint two assessors, one of whom shall be nominated by the owner, to assist him in assessing the amount of compensation payable.

10. Limitation of action against government

10. No claim shall lie against the Government, the Minister, the Permanent Secretary, an inspector or any other servant or agent of the Government for anything done in good faith under the powers conferred by this Act.

Top

11.Offences

 (1) A person who -
wilfully resists, obstructs, impedes or hinders an inspector in the exercise of his powers or the performance of his duties under this Act or any regulations made thereunder;

contravenes or fails to comply with any of the provisions of this Act or of any regulations made thereunder or of any order or direction made or given under this Act, or of any regulations made thereunder, with which it is his duty to comply;

or without reasonable cause contravenes or fails to comply with any of the conditions of a permit or other document issued in accordance with this Act or of any regulations made thereunder; or
maliciously introduces a pest on to land or premises in Malawi;

or on being required to do so fails or refuses to produce to an inspector a permit, certificate or other documents which he is required to have in accordance with this Act, or any regulations made thereunder; or

fails or refuses without reasonable cause to give information to an inspector when required to do so in accordance with this Act or knowingly gives false or incomplete information; or

for the purpose of obtaining, whether for himself or any other person, the issue of a permit, certificate or other document makes a declaration or statement which he knows to be false in any particular or does not know or believe to be true or knowingly makes use of a declaration, statement or document containing the same;
shall be guilty of an offence and liable -

(i) for an offence under paragraph (d), to a fine of four hundred pounds and to imprisonment for four years

(ii) for any other offence, to a fine of one hundred pounds and to imprisonment for six months.

(2) An inspector may seize and detain, and may order the destruction without compensation of, a growing medium, plant or other thing whatsoever which is removed from an infested or quarantine area in contravention of the provisions of this Act or an order made in accordance with the provision of this Act.

(3) The confiscation or destruction of a growing medium, plant or other thing in accordance with subsection (2) shall not free the person responsible for its illegal removal from liability to prosecution.

Top

12. Regulations

 (1) The Minister may make regulations for the better carrying out of the purposes and provisions of this Act, and without prejudice to the generality of the foregoing such regulations may provide for -

the form of and the fees payable in respect of any permits or certificates or other documents required under this Act, and the manner of applications to be made in respect thereof;

the issue of, the duration of, the cancellation, surrender or amendment of, and the conditions which may be attached to, any permit, certificate or other document required under this Act;

the regulation, prohibition, restriction or control of the import or export of any plant, or class of plant or any growing medium, invertebrate, pest or other injurious organism;

the disinfection, treatment, destruction or disposal of pests, or plants infested or appearing to be infested with a pest, or anything whatever, whether similar in nature to a plant or not, which is liable to infest a plant with a pest;

the prohibition, restriction and regulation of the removal, transport or export of pests, growing media or plants;

the control and destruction of any plant infested with a pest;

the prohibition, restriction and regulation of the cultivation and harvesting of plants if a pest cannot otherwise be readily or adequately controlled or eradicated;

the control and destruction of host plants not under cultivation for the current season’s crop;

the reporting of the occurrence of a pest and the collection and transmission of specimens of a pest;

the methods of planting, cleaning, cultivating and harvesting to be adopted and the precautions and measures, including the destruction of plants, to be taken by an owner of land for the purpose of eradicating a pest or of preventing or controlling attacks by or the spread of a pest;

the destruction after harvest of a particular kind of plant by a specified date;
the disinfection, fumigation or other treatment of any land, building, vehicle or vessel used for the storage or conveyance of any plant, agricultural produce or anything else whatever likely to infest a plant with a pest;

the declaration of areas infested with a pest as infested areas and of areas around infested areas as quarantine areas;

the registration and inspection of nurseries, the regulation of the sale or removal of plants from nurseries and the regulation of the sale of nursery stock;

the payment and recovery of fees for any services carried out by an inspector under this Act;

the detention and inspection before importation and exportation of growing media and plants and their containers, and the grant of phytosanitary certificates in accordance with such inspection;

PLANTS AND PARTS OF PLANTS THE IMPORTATION OF

WHICH IS PROHIBITED WITHOUT THE SPECIAL

WRITTEN AUTHORITY OF THE MINISTER

 

1. Acacia species, vegetative material from countries outside Africa.

2. Banana from countries other than eastern Africa, Mozambique, Rhodesia, South Africa and Zambia.

3. Beans, Phaseolus species, vegetative materials from all countries and seeds from Australia, eastern Europe, Mexico and the United Staes of America.

4. Capsicum species, all parts except seed.

5. Cereals, small, such as barley, oats, rice, rye and wheat, all parts except seed.

6. Chestnut, and all other species of Castanea, all parts except seed, from countries other than eastern and southern Africa.

7. Crysanthemum, all parts except seed.

8. Citrus, rooted vegetative material from all countries except Rhodesia and Zambia.

9. Clover (Trifolium species), including shamrock, all parts except seed and ornamental foliage.

10. Cocoa (Theobroma cacao), all parts.

11. Coconut, all parts except seed.

12. Coffee, all parts except seed.

13. Conifers, all parts except seed.

14. Cotton, all parts except seed, seed-cotton, lint and seed-bran.

15. Dahlia, vegetative material from South Africa.

16. Elm, and all other species of Ulmus and Zelkova, all parts.

17. Eucalyptus species, vegetative material, from countries outside Africa.

18. Grape vine, and all other species of Vitaceae, all parts, except seed, from countries other than eastern and southern Africa.

19. Hibiscus, and all other species of Malvaceae, all parts except seed.

20. Lucerne, all parts except seed.

21. Maize, all parts except seed.

22. Oak (Quercus species), vegetative material, from countries other than southern Africa.

23. Opuntia species, including spineless cactus, all parts.

24. Palms from all American countries.

25. Pea (Pisum, Dolichos, Lathyrus and Vicia species), all parts except seed.

26. Peach, including nectarine, stones and seed from countries other than Rhodesia and South Africa.

27. Plane (Platanus species), all parts except seed.

28. Potato, seed tubers, from all countries except Australia, the United Kingdom and Southern Africa.

29. Rice, all parts except grain for food.

30. Rose, and all other species of Rosaceae, from Asia or the Pacific Islands.

31. Rubber (Hevea species) from South and Central America.

32. Soya bean, all parts except seed; and seeds from Australia, eastern Europe, Mexico and the United Sates of America.

33. Sunflower (Helianthus species) including Jerusalem artichoke, all parts except seed.

34. Sweet potato, all parts, except tubers for consumption from eastern and southern Africa.

35. Tea, all parts, from countries other than eastern Africa and Rhodesia.

36. Tobacco, all parts except trade samples and seed, and cured tobacco from eastern and southern Africa.

37. Tomato, all parts, except fruit from eastern Africa, Mozambique, Rhodesia and Zambia, and seeds.

38. Forest trees, all parts except seed.

PESTS AND DISEASES OF A PARTICULARLY DANGEROUS

NATURE THE PRESENCE OF WHICH RENDERS AN IMPORTED

PLANT LIABLE TO IMMEDIATE DESTRUCTION
 

Colletotrichum tabacum Boning Erwinia vitivora (Baccarini) Du Plessis Pseudomonas pisi Sackett Corynebacterium michiganense (E.F.S) Jensen

Corynebacterium sepedonicum (Spieck And Kotth.) Skaptason and Burkholder Xanthomonas albilineans (Ashby) Dawson

Exobasidium vexans Massee Peronospora tabacina Adam Helminthosporium species Endothia parasitica (Murr.)

Guignardia citricarpa Kiely Xanthomonas citri (Hasse) Dowson Colletotrichum coffeanum Noack Agrobacterium tumefaciens (Smith & Townsend) Conn.

Urophlyctis alfalfae (Lagerh.) Magnus Cuscuta species

Ceratocystis ulmi (Buism.) C. Moreau Claviceps purpurea Fr. (Tul)

Saccharum virus 2. Smith Erwinia amylovora (Burrill)

Winslow et al.

Corynebacterium insidiosum (McCulloch) Jensen Urocystis cepulae Frost Fusarium oxysporum f.

Cubense (E.F.S.) Snyder & Hansen

Medicago virus 3. Smith

Rosa virus 1. Smith Rosa virus 4. Smith Rosa virus 3. Smith Xanthomonas stewarti (E.F.S.) Dawson

Phytophthora fragariae Hickman

Lycopersicum virus 3. Smith Synchytrium endobioticum (Schilb.) Percival

Heterodera rostochiensis Wollenw Meloidogyne species Ditylenchus dipsaci (Kuhn)

Haliothis armigera Hubn.

Cydia pomonella (L)

Contarinia species and Sitodiplosis Species

Rhagoletis cerasi (L) Diarthrononmyia chrysanthemi Ahlb.

Aleurocanthus woglumi Ashby Stephanoderes hampei Ferr. Leptinotarsa decemlineata (Say) Cryptotermes brevis (Wlk.) Hylotrupes bajulus (L)

Popillia japonica Newn.

Trogoderma granarium Ev.

Ceratitis capitata Wiedm.

Dacus ddorsalis Hend.

Cydia molesta Busck.

Platydra gossypiella (Saund) Aonidiella aurantii Mask Quadraspidiotusperniciosus (Comst.) Ephestia elutella Walk Eriosoma Ianigerum (Ham.)

Top

THIRD SCHEDULE

MALAWI GOVERNMENT

PLANT PROTECTION ACT

(CAP. 64:01)

PLANT PROTECTION (IMPORT) REGULATIONS

APPLICATION FOR A PERMIT FOR THE IMPORTATION

OF PLANTS

THE SECRETARY TO THE MINISTRY OF AGRICULTURE (PLANT IMPORTATION PERMITS)

P O BOX 748 LIMBE

Date: ……………………………………………

I, ………………………………………………….

(State full name)

Of…………………………………………………….
(State postal and residential addresses)

hereby apply to import by…………………………………..       
(State mode of importation, i.e. whether by post, rail, road or air freight)

from……………………………………………........................
(State full name of consignor)

of………………………………………………………….   

through……………………………………………………   
(State port of entry in Malawi if mode of importation is not by post)

the following plants……………………………………….  
(State number and kinds of plants)

for the purposes of………………………………………… 
(State which on or more of the following applies: sale, private use,

manufacture, consumption or propagation for sale)

I intend to grow these plants at…………………………… 
(State exact locality if plants are to be grown)

…………………………………..
(Signature of Applicant)

Top

FORM NO. 2

MALAWI GOVERNMENT

PLANT PROTECTION ACT

(Cap 64:01)

PLANT PROTECTION (IMPORT) REGULATIONS

PERMIT AUTHORIZING THE IMPORTATION OF GROWING

MEDIA/INJURIOUS ORGANISMS/INVERTEBRATES/PLANTS

(This permit is to be sent by the importer to the supplier who shall

ensure that it accompanies the growing media/injurious organism s/invertebrates/plants).

Permission is granted to.........................................................................

of............................................................................................................

to import in one consignment, within six months of the date of this

permit by................................................................................................

from........................................................................................................

of............................................................................................................

through ..................................................................................................

the following................................................subject to the following conditions

Date.................................. .............................................................

for Secretary for Agriculture

MALAWI GOVERNMENT

PLANT PROTECTION ACT

(Cap 64:01)

PHYTOSANITARY CERTIFICATE THIS IS TO CERTIFY

that the plants, parts of plants products described below or representative samples of them wee thoroughly examined on

(date)................................. by (name)....................................................

an authorized officer of the ........................................ plant protection service and were found to the best of his knowledge to be substantially free from injurious diseases and pests; and

that the consignment is believed to conform with the current phytosanitary regulations of the importing
country both as stated in the additional declaration hereon and otherwise.

Fumigation or disinfection treatment (if required by importing country):-

Date:................................... Treatment:.................................................

Duration of exposure:............................................................................

Chemical and Concentration:................................................................

ADDITIONAL DECLARATION

(Signature)…………………………………………….

(Rank)…………………………………………………
Description of the Consignment

Name and address of exporter...............................

Name and address of consignee............................

Number and description of packages.....................

Distinguishing marks..............................................

Origin (if required by importing country)..............

Means of conveyance.............................................

Point of entry.........................................................

Quantity and name of produce..............................

Botanical name (if required by importing country)

Top

PLANT PROTECTION (FUMIGATION) REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATIONS

1. Citation

2. Interpretation

Essential fumigation equipment: First Schedule Fumigators must possess Forms No. 1 and No. 2 of Second Schedule

Notice of intention to fumigate where phytosanitary certificate required Inspector may be present at fumigation

3. Procedure to be followed in fumigating

4. Inspection of equipment

5. Competence of fumigators

6. Unsatisfactory fumigation: Re-fumigation

7. Certificate of Competence where fumigation is unsatisfactory

8.Fumigants and application

FIRST SCHEDULE

(REGULATION 3)

9. Essential equipment for fumigation

SECOND SCHEDULE

(REGULATION 4 AND 9)

10. Forms

THIRD SCHEDULE

(REGULATION 7)

11. Fumigation Procedure - Directions

FOURTH SCHEDULE

(REGULATION 12)

12. Fumigants

PLANT PROTECTION (FUMIGATION) REGULATIONS

under s. 12

1Citation

These Regulations may be cited as the Plant Protection (Fumigation) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires -

“fumigant” means any gaseous or readily volatilized chemical used as a pesticide or any substance or substances producing such a chemical;

“fumigation” means the application of a fumigant to any growing medium, plant, commodity or
building for the purpose of destroying injurious organisms, and cognate words shall be construed accordingly.

“sand-snake” means a cylinder of hessian, at least three inches in diameter, and two feet in length, filled with sand and sealed at each end.

3.Procedure to be followed in fumigating

Before commencing any fumigation, the person who intends to fumigate shall have on hand at the site of the proposed fumigation, and available for use in the operation, the equipment listed in the First Schedule, and such equipment shall be in good repair.

4.Inspection of equipment

. No person shall commence any fumigation, unless he has in his possession a Record of Fumigation Form and a Certificate of Clearance Form, being Form No. 1 and Form No. 2, respectively, of the Second Schedule.

5.Competence of fumigators

Where -

under the Act, or any other written law, or any instruction of the minister, a phytosanitary certificate is required to be obtained by the owner in respect of any fumigation; or

any owner desires to obtain a phytosanitary certificate in respect of any particular fumigation which he intends to have carried out. such owner shall, not less than twenty-four hours before the commencement of the fumigation, cause notice in writing of his request for a phytosanitary certificate in respect of such intended fumigation to be served upon an inspector, and such notice shall contain particulars of the date, time and place of the intended fumigation and of the fumigant intended to be used therefore

6.Unsatisfactory fumigation: Re-fumigation

An inspector shall be entitled to be present at any fumigation made pursuant to a notice served under regulation 5, and shall be entitled to direct the same.

7.Certificate of Competence where fumigation is unsatisfactory

The procedure to be followed in the fumigation of buildings and commodities shall be as set forth in the Third Schedule.

8. Fumigants and application

An inspector shall be entitled to inspect, at all reasonable times, all equipment used, or intended to be used, in any process of fumigation, and such equipment shall be kept readily available by the fumigator for any such inspection.

9. Essential equipment for fumigation

The Minister may, at any time and as often as he deems it necessary, require any person who undertakes, or intends to undertake, contracts for fumigation for reward, to show to the satisfaction of any duly authorized inspector, or other public officer, as the case may be, that he, or any employee of his responsible for carrying out any fumigation on his behalf, possesses sufficient knowledge of both the theory and practice of fumigation to engage in such operations. Upon being satisfied that such person possesses such knowledge, the said duly authorized inspector, or other public officer, as the case may be, shall issue to such person a Certificate of Competence in Fumigation in the form set out in Form 3 of the Second Schedule.

10. Forms

Where any inspector has cause to believe that any fumigation has not been carried out in a satisfactory manner, or in accordance with these regulations, he may order that the building or commodity be refumigated as often as such inspector may deem it necessary until the said building or commodity has been fumigated to the inspector’s satisfaction. If the fumigation is one for which a phytosanitary certificate is requested or required, the inspector shall not issue such certificate until such fumigation has been properly and satisfactorily executed.

11. Fumigation Procedure - Directions

Where a re-fumigation has been ordered under regulation 10, the inspector may require that the person responsible for the unsatisfactory fumigation which necessitated the re-fumigation Re- procure a Certificate of Competence in Fumigation pursuant to regulation 9 before undertaking any further or other fumigation under these Regulations, and this requirement may be imposed on any such person whether he has undertaken, undertakes or intends to undertake, contracts for fumigation for reward or otherwise. If, however, the person responsible for any such unsatisfactory fumigation is holder of a Certificate of Competence in Fumigation, the inspector may cancel such Certificate and may require the said person to procure a new such Certificate under regulation 9 before undertaking any further fumigation operations.

12. Fumigants

The fumigants to be used in any fumigation under these regulations shall be those fumigants set forth in the Fourth Schedule and shall be used for the respective specific fumigation purposes, and in the respective specific manner, set forth in the said Schedule in respect of such respective fumigation purposes.

Top

FIRST SCHEDULE

         ESSENTIAL EQUIPMENT

FOR FUMIGATION

Fumigation sheets of a size adequate to cover completely any produce to be fumigated allowing an overlap on the ground all round of at least one foot.

Sand-snakes or heavy chains sufficient in number completely to seal the fumigation sheet to the ground.

Where methyl bromide cylinders are used, dispersal tube systems sufficient to ensure even distribution of gas.

Where methyl bromide cans are used, applicators adequate in number to secure even distribution of gas.

Respirators with appropriate canisters sufficient in number to supply one to each person engaged in fumigation. Halide detector lamp or gas concentration meter.

Sufficient warning notices in English and Chichewa to warn any person of his approach to the fumigation operation.

Where fumigation sheets are to be joined, clamps sufficient in number for such purpose.

Top

SECOND SCHEDULE

Regulation 4 and 9

FORMS

PLANT PROTECTION ACT

FORM NO. 1

(CAP. 64:01)

RECORD OF FUMIGATION

Record of Fumigation No......................................................................

1. Date and time of application of fumigation.....................................

2. Name of owner................................................................................

3. Location of premises........................................................................

4. Situation on premises (Diagram if more than one stack)

5. Commodity......................................................................................

6. Distinguishing marks of commodity to be fumigated......................

7. (Tobacco only) Nature of Liners......................................................

8. Dimensions of stacks or building and cubic capacity......................

9. Nature of infestation if known.........................................................

10. Number and sizes of sheets used....................................................

11. Dosages required for each stack or room.......................................

12. (Methyl bromide cylinders only) identification numbers and weights of each cylinder at beginning and end of application to each stack or room (for main and booster doses of tobacco)......................................

13. Date and time of commencement of airing....................................

14. Date and time of issue of clearance certificate...............................

15. Person to whom clearance certificate given...................................

16. Air temperature at time of application of fumigant........................

17. Evidence, if any, of efficacy of treatment (e.g. presence of dead

insects)...................................................................................................

18. Name of person responsible for fumigation

Signed..............................................

Rank………………………………

Date.................................................

Top

PLANT PROTECTION ACT

(CAP. 64:01)

CERTIFICATE OF CLEARANCE

Certificate of Clearance No...................................................................

This is to certify that I have carried out fumigation on the premises of

...................................................................................  in accordance

with Record of Fumigation number.......................................................

and now declare the premises free of gas and ready for reoccupation.

Signed ................................................................

Rank ...................................................................

Date and time .......................................................

PLANT PROTECTION ACT

(CAP. 64: 01)

CERTIFICATE OF COMPETENCE IN FUMIGATION

This is to certify that I have today examine……………………..

as to both his theoretical and practical competence in fumigation with

……………………………………………………… and found that he

has the knowledge adequate to enable him to carry out such
fumigation satisfactorily.
Signed……………………………………………..

for Permanent Secretary for Agriculture and Natural Resources
Date……………………………………………………….

Top

THIRD SCHEDULE

FUMIGATION PROCEDURE

DIRECTIONS

Buildings:

Where an entire building is to be fumigated the walls and roof must be rendered impervious to gas, and all doors and ventilators, as well as all cracks or joints, shall be sealed while the fumigation is in progress, and a warning notice shall be placed outside each entrance to the building.

Commodities:

Where any commodity is to be fumigated it shall be placed in a stack or stacks in such a manner as to allow full penetration of the fumigant throughout such stack or stacks.

Before commencing fumigation -

1. indoors, the floor of the building in which the operation is to be carried out shall be of concrete or firm dry earth and shall be examined thoroughly to ensure that it is impervious to gas. If the floor is not of concrete or of firm dry earth, or if it is found not to be impervious to gas, the commodity to be fumigated shall be stacked on a fumigation sheet in accordance with these directions;

2. out of doors, the commodity to be fumigated shall be stacked on a concrete slab, or on a fumigation sheet in accordance with these directions.

For fumigation by -

1. Methyl bromide, the distribution piping shall be placed in position on top of the stack;

2. Aluminium phosphide, the tablets shall be distributed evenly around the stack, preferably in papier mache egg-trays, ensuring that adjacent tablets do not touch each other, and such fumigant shall be applied in the manner and at the dosage appropriate thereto, as set out in the Fourth Schedule.

A fumigation sheet shall be fitted over each stack, completely covering the same so that a one-foot wide margin of the sheet shall be extending on to the floor all round the stack.

The sand-snakes, or chains, shall be placed in position on the floor on top of the extended margin of the sheet all round the stack, ensuring that each sand-snake, or chain, touches those on each side of it.

The warning notices shall be placed in position; at least one warning notice at each accessible corner of each stack. If the stacks are inside a building a warning notice shall also be placed outside each entrance to the building.

Where methyl bromide is to be used as the fumigant each person present shall put on a respirator and see that it is properly fitted. Respirators shall continue to be worn by all present throughout the operation until after compliance with direction (h); and at least two persons shall be present at all times until the fumigation is concluded.

A check for leaks shall be made. Whenever possible, a halide lamp

If any leaks are found, they shall be sealed off immediately, by adjusting the position of the sand-snakes, chains or clamps.

When the stack or stacks are found free of leaks, respirators may be removed.

Record of Fumigation (Form No. 1, Second Schedule) shall be completed as far as item 12 and delivered to the owner, and the owner shall be instructed that unauthorized persons must not be permitted access to the fumigation area.

If the stack or stacks are indoors and the relevant period of fumigation has elapsed, all doors, windows and ventilators to the building, in which the stack or stacks are located, shall be opened. The fumigation sheets covering the stack o stacks shall be removed, and the building vacated quickly. Respirators shall
be worn by all persons before entering the building during this operation, and shall be worn throughout the operation. The warning notices shall be put back in position.

When the building is declared free of gas by the fumigator, the respirators may be taken off, the warning notices removed, and general access to the building permitted.

If the stack or stacks are outside and the relevant period of fumigation has elapsed, the fumigation sheet covering each stack may be removed and the warning notices put back in position. Respirators shall be worn by all persons present during this operation.

When the fumigator declares the area free of gas, the respirators may be taken off, the warning notices removed, and general access to the area permitted.

A building, or an area, shall not be declared free of gas by the fumigator until the halide lamp, or gas concentration meter, shows that the building, or area, is safe, or smell of phosphine gas has dissipated.

The fumigator shall complete items 13 to 18 of the Record of Fumigation and a Certificate of Clearance (Form No. 2, Second Schedule) and deliver them to the owner.

Where a phytosanitary certificate is required, a copy of the Record of Fumigation (Form No. 1, Second Schedule) and of the Certificate of Clearance (Form No. 2, Second Schedule) shall be delivered to the inspector who was notified pursuant to regulation 5.

Top

Regulation 12

FUMIGANTS

DOSAGE RATES (per 1, 000 cu. Ft. or 30cu. M)

[Exposure timed given is the minimum. It is always advantageous to lengthen it. If the commodity temperature is below 20 degrees Celsius the times should be increased by 50 per cent.]

NOXIOUS WEEDS

ARRANGEMENT OF SECTIONS

SECTION

1. Short title

2. Interpretation

3. Duty of persons responsible to clear

4. Power to inter upon land

5. Notice to be served on persons responsible for infected land

6. Manner in which notices may be served

7. Penalty for failure to comply with notice

8. Inspector may clear at expense of person resiponsible

9. Penalty for obstruction of weed inspector in exercise of his duty

10. Noxious weed not to be disposed of in certain ways

11. Power to take sample of seed and treatment of plant, seed or grain offered for sale.

12. Penalty for offering for sale infected seed e,t,c

13. Local authorities authorized to make By-laws ad hoc

14. Responsible person in any district may petition Government to have plant declared noxious weed

15. Minister may declare plant to be noxious or remove any plant from list of noxious weed.

16. Rgulations

[31ST OCTOBER, 1936]

1. Short title

This Act may be cited as the Noxious weed Act

2. Interpretation

 In this Act, except where the context otherwise requires-

"clear" means to dip up or pull up and burn noxious weed or to employ other means of destruction authorized by the Minister;

"Noxious weed" means any plant which the Minister may by notice published in the Gazette declare to be a noxious weed, either throughout the wole of malawi, or in one or more district or portion of districts thereof;

"Owner" in relation to unoccupied land , includes - 

In the case of a company or an association, the manager or, if his name be not known, any director of the company or association;

In the case of a partnership, the manager or, if his name be not known, any member of the partnership;

"Person responsible" in relation to land, means--

The occupier of land, or in the case of unoccupied land the registered owner thereof;

In the case of a mining location, the holder of such location;

In the case of public land or customary land over which gazing or, the rights have been granted, the holder of such rights;

in the case of land in customary land, the occupier or person who has the use of such land, or the Chief who has jurisdiction thereover, or all or any of the inhabitants of the nearest village;

PLANT QUARANTINE REGULATIONS

INTRODUCTION

Plant Quarantine (PQ) is a legal preventive measure against introduction of exotic pests harmful to agriculture horticulture and forestry industries. Plants and Plant material including seeds play a vital role in the production of food. The need for increasing food production rapidly necessitates the frequent exchange of germplasm with many countries. But in the indiscriminate exchange of germplasm lies the inherent risks of introducing new pests and pathogens. Plant quarantine has therefore acquired considerable importance in the recent years as a result of increased emphasis on the utilization of exotic genetic materials in ongoing breeding programmes throughout the world.

Almost every country has imposed legislative measures to regulate the import of plants and plant material including seeds. In Malawi the Plant Protection Act (1969) and regulations framed there under are the legislative measures by which plant quarantine regulations are implemented. These regulations aim at preventing the introduction of new pests and diseases of plants from other countries and also to prevent the spread of the pests and diseases from one area to another within the country.

According to plant quarantine regulation all plants or plant parts whether living or dead (such as trees, shrubs, fruits, nursery stocks, vegetative propagating material, vegetable seeds and various seeds) are subject to plant quarantine and must be submitted to an inspector authorized to perform the duties specified under the Act. If found diseased or suspected of being diseased they may at the discretion of an Inspector be treated or destroyed.

PLANT QUARANTINE REGULATIONS

CONDITIONS FOR IMPORT

Permits for imports are essential for the following materials and should be obtained from the relevant authorities as indicated on page 6 of this circular before making the import.

1.                  Seeds and plants for sowing or planting and storage or processing.

2.                  Seeds, plants and plant products for consumption.

3.                  The following cannot be imported unless special permission to import for scientific study is granted by the Head of Plant Protection and Services:

(a)               Microorganisms capable of causing plant disorders and injury.

(b)               Insects. Live fungi and bacteria in pure culture for biological control.

(c)                Mycorrhizal organisms and biological nitrogen fixing organisms (BNF).

(d)              Weeds.

Applications for permits to import should give full details and addresses of both consignee and consignor. Preference is given to seed as a means of propagation. A plant import permit shall not be issued for the importation of vegetative propagating material of a species that can equally well be grown from true seed.

For plants or seeds not mentioned in this circular, applications for an import permit may also be made. The request will be considered in light of the current disease situation in the countries from which the material is to be obtained .

It is important that a plant import permit be obtained before making the import. The permit should be sent with the order and the exporter should return it with the consignment. Material arriving without the necessary documentation is liable to be destroyed without compensations. In any case, delays in release will be avoided if the documents are in order. All plant and plant part imports must be accompanied by a Phytosanitary Certificate (PC).

All imports of plants and plant products will be inspected on arrival whether or not accompanied by the necessary documents. If they are found not to conform with the import requirements the importer may be required to have them destroyed at his own expense. Treatment or re-export may be allowed in liei thereof. The importer shall be responsible for the cost of any fumigation, disinfection or any treatments as may be prescribed, authorized or carried out by the inspector.

If a new, potentially dangerous disease or pest is confirmed in a country from which imports were previously allowed, imports may be prohibited from such a country or additional conditions imposed.

Prospective importers are advised to familiarize themselves with Customs regulations Seed Act. Control of Goods Act and any other regulation that affects plant and seed imports before undertaking importation.

Soil is a prohibited import and any goods found contaminated with soil are subject to quarantine and may not be released until quarantine officers are satisfied that the soil is free from soil borne pathogens, insect pests and nematodes.

All seeds and plant materials should be accompanied by a Phytosanitary Certificate (P C) and inspection certificate issued by the National Plant Quarantine Service (NPQS) of the exporting country.

The importation of genetically modified organism (GMOS) such as seeds are not covered by Phytosanitary Certificates from the Ministry of Agriculture.

Seed consignments should be dispatched within 14 days of inspection and issue of the PC. A PC is also required for seeds brought in as accompanied baggage. A customs declaration at the port of entry and release by the NPQS are compulsory.

All consignments whether exported as air cargo parcel accompanied or unaccompanied baggage should be packed carefully to prevent entry or escape of pest and pathogens. In case of individual seed samples they should be packed in sealed envelopes or bags. A copy of the PC and the packaging slip should be placed in an envelope and inside all consignments. The packaging slip should indicate the name, address of the importer, the plant species, the exact number and description of samples and location in a country of origin.

Plants and seeds such as of tomato, tobacco, sugar cane, groundnuts, European potato, sweet potato, ginger, cassava, yams, taro, chrysanthemum and soy bean require post entry quarantine growing for closer observations and must be grown in post-entry quarantine facilities approved by the Plant Quarantine Services. All introductions of biological control agents must pass through the post-entry quarantine for one cycle before releasing the offspring to the research scientists.

Materials such as food grain legumes, maize, rice, other cereals and honey, imported or donated in bulk for consumption in addition or requiring a trade permit should be accompanied by Phytosanitary and fumigation certificates.

Compliance with these regulations does not exempt the importer from any other statutory prohibition, restriction or regulations.

With the exception of the trade permit all over documents and enquiries regarding plant protection (import/export) regulations should be addressed to:-

1.                  The Officer-in-charge, Bvumbwe Research Station, P.O. Box 5748, Limbe or Telephone, Bvumbwe (+265)471522/206/207/503/507/334 (Fax 471323) and ask for The Produce Inspector

2.                  The Officer-In-Charge, Chitedze Research Station, P.O. Box 158, Lilongwe or Telephone No. 767 222/225/257 and ask for The Producer Inspector.

3.                  The Director, Tea Research Foundation, P.O. 51, Mulanje, Telephone (+265) 642 261/271/255 (for Tea related enquires).

CONDITIONS FOR EXPORT

Under international plants quarantine laws, Malawi is committed to ensure that exportation of all plants and plant products, other living organisms and their products conform with the Phytosanitary regulations. Exports of plants genetic materials from Malawi are restricted. Any authority to export such material should be obtained from the plant Genetic Resource Centre at Chitedze Research Station in Lilongwe. An import permit should therefore be obtained from the importing country before exporting the material. The following conditions have to be fulfilled before exporting.

1.                  All plant materials should be obtained from clean healthy plants that have been inspected during their active growth.

2.                  Seeds should be physiologically mature, dry, clean and free from insect pests and diseases and other impurities. Test for seed borne diseases should be carried out on representative samples.

3.                  The seed within each seed lot should be uniform in size and appearance and should not be admixed.

4.                  The seed should be inspected and then treated by the Plant Quarantine Service at the expense of the exporter.

5.                  All potted plants should be grown in sterilized media other than soil.

6.                  A Phytosanitary Certificate will be issued at a cost (MK5000.00 for traded consignments and MK1000.00 for home use consignments) when the material conforms to the requirements of the importing country.

Plants and plant products exported from Malawi are generally accompanied by a Phytosanitary Certificate. This however depends very much on the importing country. Normally the importing country will have conditions of its own so that the importer should endeavor to know the conditions to enable the Malawi authorities to issue if you required the necessary Phytosanitary Certificate. Such Certification will be issued only after examination of the materials or a representative sample of it . It may be refused if the material does not conform to the requirements of the recipient country.

Government Notice No. 31 of 19^th February 1982 stipulates that a fee of K100.00 (One hundred Malawi kwacha) shall accompany every application for a Phytosanitary Certificate.

Certification for exports of tung oil, tea, cotton lint, coffee, cut flowers, fresh fruit and vegetables is not required by the Plant Protection Regulations. The importing country however may demand certification.

ADDITIONAL NOTES FOR CUSTOM OFFICERS

An import permit will normally indicate that a Phytosanitary Certificate should accompany the imported commodities. The import permit together with the Phytosanitary Certificate and fumigation certificate issued by the exporting country should accompany the imported consignment. It should be ensured that all the conditions stipulated on the import permit have been fulfilled. i.e. conditions stipulated on the import permit must tally with those on the Phytosanitary Certificate. If a consignment is not accompanied by a permit or any necessary Phytosanitary Certificate, if no doubt, enquiries should be directed to the Produce Inspectors at Bvumbwe Research Station, P.O. Box 5748, Limbe, Telephone 471522/206/207/503/507/334, Chitedze Research Station, P.O. Box 158, Lilongwe, Telephone 767222/225/206, Lunyangwa Research Station, P.O. Box 59, Mzuzu, Telephone 332633; and Tea Research Station Foundation of Central Africa, All Timber and timber products exported from Malawi are certified by the Forestry Research Institute of Malawi.

ABBREVIATIONS AND DEFINITIONS

Eastern Africa:                      Kenya,  Tanzania,  Uganda,  Mauritius  and

Sychelles, Comoros

West Africa:                          Cameroon,  Nigeria,  Liberia,  Ghana,  Ivory

Coast and Cote’d’Ivoire.

Southern Africa:                   Angola,   Botswana,   Lesotho,   Madagascar,

Malawi, Mozambique, Namibia, South Africa,

Swaziland, Zambia and Zimbabwe.

Southern America:               All countries in South America.

Northern America:               United States of America, Mexico and Canada

EEC Countries                      Belgium, Denmark, France, Italy, Luxembourg,

The Netherlands, United Kingdom, Germany,

Spain and Portugal.

Africa South of Sahara:        All countries in Africa South of the border of

Sahara Desert.

Asia:                                       All countries in Asia.

Middle East:                         Israel,  Egypt,  Saudi  Arabia,  United  Arab

Emirates and others.

PC:                                          Phytosanitary Certificate.

NPQS:                                    National Plant Quarantine Service.

PQS:                                       Plant Quarantine Service.

CONDITIONS FOR ENTRY OF COMMON PLANTS IMPORTS INTO MALAWI