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LAW OF THE KYRGYZ REPUBLIC

of January 12, 2015 No. 2

About quarantine of plants

Accepted by Jogorku Kenesh of the Kyrgyz Republic on December 10, 2014

Chapter 1. General provisions

Article 1. Purposes and subject of regulation of this Law

1. The purposes of this Law are ensuring protection of plants and the territory of the Kyrgyz Republic from penetration on it and distribution on it quarantine objects, prevention of damage from distribution of quarantine objects.

2. This Law establishes the legal basis of regulation in the field of quarantine of plants, determines powers of state bodies of the executive authority, and also basic rights and obligations of physical persons and legal entities in the field of quarantine of plants.

Article 2. The basic concepts used in this Law

For the purposes of this Law the following basic concepts are used:

the analysis of phytosanitary risk - process of assessment of biological or other scientific and economic data with the determination purpose whether the organism is harmful organism, need of regulation and acceptance concerning its quarantine phytosanitary measures;

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

the state phytosanitary quarantine control (supervision) - the activities of the state body of the executive authority performing functions on control and supervision in the field of quarantine of plants, directed to identification of quarantine objects in quarantine products on quarantinable objects, ensuring compliance with quarantine phytosanitary requirements;

examination - inspection of quarantine products, quarantinable objects for the purpose of identification of availability or lack of quarantine objects and (or) checks of observance of quarantine phytosanitary requirements with possibility of sampling and (or) is model;

temporary restrictions - acceptance of the quarantine phytosanitary measures for certain term prohibiting import to the territory, movement on the territory of the Kyrgyz Republic of quarantine products;

infection - availability in quarantine products, on quarantinable objects of viable harmful organisms;

quarantine of plants - the legal regime providing system of measures for protection of plants and products of plant origin from quarantine objects in the territory of the Kyrgyz Republic;

quarantine object - the harmful organism which is absent or restrictedly extended to the territories of the Kyrgyz Republic and brought in the Single list of quarantine objects;

the quarantine certificate - the document certifying compliance to quarantine phytosanitary requirements of batch of quarantine products when moving on the territory of the Kyrgyz Republic;

quarantine phytosanitary safety - condition of security of the territory of the Kyrgyz Republic from the risks arising in case of penetration on it and (or) distribution on it quarantine objects;

quarantine phytosanitary measures - requirements, obligatory for execution, the rule and procedures in the field of quarantine of plants established for the purpose of ensuring quarantine phytosanitary safety;

the quarantine phytosanitary mode - package of measures, the conditions for localization of the center of quarantine object and (or) liquidation of population of quarantine object directed to creation in quarantine phytosanitary zone for the purpose of providing quarantine of plants and prevention of further distribution of quarantine objects;

quarantine phytosanitary disinfecting - procedure for destruction, removal, sterilization (deprivation of reproductive capability) of harmful organisms or deprivation of their viability;

quarantine phytosanitary inspection - the procedure which is carried out for the purpose of determination of populations of quarantine objects and ensuring quarantine phytosanitary safety during the established period;

quarantine phytosanitary condition of the territory, quarantine products, quarantinable object - availability or absence in the territory, in quarantine products, on quarantinable object of quarantine objects;

quarantine phytosanitary requirements - requirements imposed to quarantine products, its import, production (including conversion), to storage, transportation, realization, destruction and to quarantinable objects;

liquidation of population of quarantine object - acceptance of quarantine phytosanitary measures for destruction of population of quarantine object;

localization of the center of quarantine object - acceptance of quarantine phytosanitary measures in the territory where quarantine object, and around this territory for prevention of distribution of such object is revealed;

survey - visual inspection of quarantine products, quarantinable objects for the purpose of identification of quarantine objects without sampling and (or) is model;

the center of quarantine object - part of the territory of the Kyrgyz Republic or foreign state on which population of quarantine object is revealed or sharp increase in number of populations of quarantine objects is revealed;

batch of quarantine products - quantity of the homogeneous quarantine products intended for sending by one vehicle to one destination to one receiver;

the quarantine products - plants, vegetable products, container, packaging, including packaging materials, loads, the soil, organisms or materials which can be carriers of quarantine objects and (or) promote their distribution and concerning which acceptance of quarantine phytosanitary measures is necessary;

quarantinable objects - the parcels of land of any purpose, the building, structure, construction, reservoirs, places of warehousing (room), the equipment, vehicles, containers, other objects which are capable to be penetration sources on the territory of the Kyrgyz Republic and (or) distribution on it quarantine objects;

the reexport phytosanitary certificate - the document of the international sample issued by the national organization for quarantine and protection of plants on the imported quarantine freight to the country from which it is exported afterwards;

the owner of quarantine products - person who has quarantine products on the property right;

the phytosanitary certificate - the document of the international sample issued by the national organization for quarantine and protection of plants of the exporting country and accompanying batch of quarantine products, certifying compliance of quarantine products to quarantine phytosanitary requirements of the country of destination;

phytosanitary control post - the Item of quarantine of plants which is specially equipped according to the legislation of the Kyrgyz Republic at check points through frontier of the Kyrgyz Republic or in other places in which according to the legislation of the Kyrgyz Republic Items of quarantine of plants are equipped;

phytosanitary risk - probability of penetration on the territory of the Kyrgyz Republic and distribution on it quarantine objects, and also the scale of the possible effects connected with it.

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