LAW OF TURKMENISTAN

of August 15, 2009 No. 54-IV

About quarantine of plants

This Law determines the legal basis and the principles of implementation of governmental activities by protection of the territory of Turkmenistan from penetration from foreign states of quarantine and other dangerous wreckers, diseases of the plants and weeds capable to cause damage to economy of the state.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) quarantine of plants (phytosanitary protection) - the legal regime providing system of the state measures directed to protection of vegetable resources of the country and products of plant origin against delivery and independent penetration from other states, and also from quarantine zone of the country of quarantine objects, and in case of their distribution - on localization and liquidation of the centers of their distribution;

2) rules and regulations of providing quarantine of plants - regulatory legal acts, normative and technical and methodical documentation on providing quarantine of plants;

3) the state phytosanitary quarantine control of action for identification of quarantine objects, to establishment of quarantine phytosanitary condition of quarantinable objects, implementation of the state quarantine phytosanitary regulation behind compliance with law of Turkmenistan in the field of providing quarantine of plants, rules and regulations of providing quarantine of plants;

4) control on quarantine of plants - the activities performed by officials of Public service of quarantine of plants of the Ministry of Agriculture of Turkmenistan (further - Service) on check of execution of requirements of regulations, rules and instructions on quarantine of plants;

5) quarantine products (quarantine material, quarantinable objects) - any plant, vegetable product, the place of warehousing, packaging, the vehicle, containers, the soil and any other organism, object or material capable to serve as the place of the shelter of harmful organisms or to promote their distribution and concerning which acceptance of phytosanitary measures is necessary;

5-1) quarantine processed products - the products processed from plants and vegetable products, which are not promoting the place of the shelter of harmful organisms in the structure or to their distribution and concerning which acceptance of phytosanitary measures and which List is constituted by Service is not obligatory;

6) batch of quarantine products - quantity of the homogeneous quarantine products which are in one place and intended for sending by one vehicle to one destination to one receiver;

7) vegetable products - not processed material of plant origin (including grain), and also the processed products which by the nature or method of conversion can create risk of introduction and distribution of harmful organisms;

8) introduction - the penetration of harmful organism accompanied with its acclimatization;

9) import quarantine permission - the document resolving import to Turkmenistan, and also transit through the territory of Turkmenistan of quarantine products on the conditions determined by Service;

10) the phytosanitary certificate - the official document certifying quarantine condition of export quarantine products;

11) phytosanitary certification - the application of phytosanitary procedures leading to issue of the phytosanitary certificate;

12) quarantine object - the type of the wrecker, infecting agent of plants or weed which is absent or restrictedly is extended to the territories of Turkmenistan, but can be brought or can get independently from the outside and cause considerable damages of plants and vegetable products;

13) the center of quarantine object - the territory in which quarantine object and where shall be performed is revealed or actions for localization and liquidation of quarantine object are performed;

14) quarantine zone - the territory announced in accordance with the established procedure under quarantine in connection with identification of quarantine object;

15) quarantine phytosanitary actions - actions for prevention of penetration on the territory of Turkmenistan and (or) distribution on it harmful organisms;

16) introduktsionno-quarantine nurseries - specially equipped nurseries for identification in import landing and seed material of the latent infection with quarantine objects and other especially dangerous harmful organisms;

17) infection - presence at quarantine products of the live organism harmful to plant or vegetable product;

18) supervision - official process of collection and data recording about presence or lack of harmful organism at this zone by means of inspections;

19) reexport load - the load imported to the country from which it is exported afterwards;

20) biological fight - the strategy of fight against harmful organisms based on use of living natural opponents, antagonists, competitors or other self-replicating organisms;

21) the agent of biological fight - the natural enemy, the antagonist, the competitor or other self-replicating biological organism used in fight against harmful organisms;

22) the antagonist - the organism which is not causing to the owner of significant damage, but colonization which the owner protects the last from serious damage from harmful organism;

23) the competitor - the organism competing with harmful organism for basic elements of the circle (for example, food, shelters);

24) harmful organism - any kind, version or biotype of the plants, animal or pathogenic agents harmful to plants or vegetable products;

25) pathogen - the microorganism causing disease;

26) fumigatsionny department - the division of Service which is carrying out disinfecting of quarantine products by method of gas disinsection, chemical and other types of processing;

27) phytosanitary risk - probability of introduction and distribution of harmful organism and scale of the related potential economic effects;

28) the phytosanitary mode - the set of the rules regulating in certain territory and during certain time system of measures for prevention of introduction and (or) to distribution of quarantine harmful organisms established on the legal basis.

Article 2. The legislation of Turkmenistan in the field of quarantine of plants

The legislation of Turkmenistan on quarantine of plants is based on the Constitution of Turkmenistan and consists of this Law, other regulatory legal acts of Turkmenistan regulating questions of quarantine of plants.

Article 3. Main objectives of quarantine of plants

The main objectives of quarantine of plants are:

1) protection of the territory of Turkmenistan from entering and independent penetration because of its limits of quarantine and other dangerous wreckers, diseases of plants and weeds which can cause significant economic damage to the national economy;

2) timely identification, localization and liquidation in the territory of Turkmenistan quarantine and other dangerous wreckers, diseases of plants and weeds, and also the prevention of their penetration on the territory where they are absent;

3) ensuring the state control of compliance with law of Turkmenistan in the field of quarantine of plants and statutory rules and regulations;

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