LAW OF THE AZERBAIJAN REPUBLIC

of May 12, 2006 No. 102-IIIQ

About phytosanitary control

This law establishes the legal basis of the organization and implementation of phytosanitary control in the territory of the Azerbaijan Republic, governs the relations between the subjects acting in the field of protection and quarantine of plants.

Chapter I. General provisions

Article 1. Basic concepts

1.0. In this Law the following basic concepts are used:

1.0.1. phytosanitary control - implementation of the state control in the field of protection and quarantine of plants, use of pesticides, biological medicines and other remedies of plants;

1.0.1-1. phytosanitary services - carrying out phytosanitary quarantine survey and inspection based on appeals of physical persons and legal entities, and also state bodies and local government bodies for the purpose of protection of plants and vegetable products from harmful organisms, carrying out toxicological analyses of plants and vegetable products, the earth and water, remedies of plants and provision of agrochemical services;

1.0.2. quarantine of plants - the legal regime providing the actions directed to prevention of penetration on the territory of the country and distribution of quarantine harmful organisms in plants and vegetable products;

1.0.3. protection of plants - implementation of complex actions for the purpose of protection of plants and vegetable products against harmful organisms;

1.0.4. plants - live plants and their parts, including seeds and genetic materials;

1.0.5. vegetable products - not processed materials of plant origin, including grain, and also products of plant origin which by the nature or on method of conversion can create risk of placement and distribution of harmful organisms;

1.0.6. harmful organism - any kind, the changed form of type or biological type of the animals, plants or pathogenic microorganisms doing harm to plants and vegetable products;

1.0.7. quarantine harmful organism - the harmful organism which is not existing in the territory yet or existing, but restrictedly extended and turned into the official object of fight creating potential hazard for the environment, economy of the territory and health of the population;

1.0.8. quarantine material - the plants and vegetable products creating conditions for existence (concealment) and distribution of harmful organisms, places of their storage, packaging materials, vehicles, the earth and any other organism, object and load requiring holding phytosanitary actions (especially in case of international carriages);

1.0.9. remedies of plants - the pesticides, biological medicines, useful live organisms and technical means used for the purpose of protection of plants and vegetable products;

1.0.10. pesticides - the poisonous chemicals used for the purpose of fight against harmful organisms;

1.0.11. agrochemicals - the organic, mineral and bacterial fertilizers, chemical ameliorants, growth factors of plants and other substances applied to increase in fertility of lands, productivity of plants and improvement of quality of harvest;

1.0.12. the phytosanitary certificate - the approved official document about phytosanitary condition of plants and vegetable products developed according to standard form of the Convention on the international quarantine and protection of plants.

Article 2. Legislation of the Azerbaijan Republic on phytosanitary control

2.1. The legislation of the Azerbaijan Republic on phytosanitary control includes the Constitution of the Azerbaijan Republic, this Law, other laws of the Azerbaijan Republic and regulatory legal acts adopted according to them and also the international agreements recognized by the Azerbaijan Republic.

2.2. If the rules of phytosanitary control established by the international treaties recognized by the Azerbaijan Republic differ from the rules provided in this Law rules of international treaties are applied.

Article 3. Sphere of phytosanitary control and state phytosanitary services

3.1. Phytosanitary control covers the following:

3.1.1. observance by legal entities and physical persons of requirements of the legislation on phytosanitary control;

3.11.2. the organization and implementation of phytosanitary measures for prevention of penetration and distribution in the territory of the Azerbaijan Republic from other countries of quarantine harmful organisms;

3.1.3. observance of phytosanitary regulations in case of production, cleaning, procurement, sale, storage and transportation of plants and vegetable products;

3.1.4. control of safety of the quarantine objects which are under phytosanitary control, carrying out observations of the reasons of manifestation and distribution terms of infection with harmful organisms, determination and implementation of the phytosanitary measures obligatory for execution for prevention of infection and liquidation of its effects;

3.1.5. distribution, storage, transportation and use of the pesticides which were purchased at the expense of the government budget including taking into account their inventories;

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