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LAW OF TURKMENISTAN

of June 18, 2016 No. 413-V

About protection of plants

(as amended on 25-11-2023)

This Law determines legal, economic and organizational basis of implementation of activities in the field of protection of plants against wreckers, diseases of plants, and also weeds and is directed to preserving harvest.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) protection of plants – complex of the actions directed to the prevention of damage or deterioration in condition of plants, reduction of losses of vegetable products as a result of impact of wreckers of plants and (or) vegetable products, causative agents of diseases of plants and weeds;

2) harmful organisms – wreckers of plants and (or) vegetable products, the causative agents of diseases of plants and weeds which are negatively influencing the soil, plants and agricultural products;

3) wreckers of plants and (or) vegetable products – the rodents, insects, ticks, mollusks, worms and other animals making harmful effects on plants and (or) vegetable products;

4) plant disease – violation of normal metabolism of cages, bodies of plants under the influence of adverse conditions of the environment and different pathogenic organisms;

5) weeds – wild-growing or half-cultured plants, biologically and ecologically adapted for growth among cultural plants, reducing productivity and worsening quality of vegetable products;

6) remedies of plants – the chemical methods, biological means, mechanical methods and other means used for the prevention of penetration and distribution of harmful organisms, destruction or decrease in their number or reduction of their harmful effects on plants and (or) vegetable products;

7) chemical methods of protection of plants – Yosistema of actions for protection of plants and (or) vegetable products from harmful organisms and diseases of plants by means of chemical means;

8) biological remedies of plants – the biological substances identical to natural organisms, and also the cultivated products, genetically removed plants or other organisms used for pest control, diseases of plants and weeds;

9) mechanical methods of protection of plants – system of actions for protection of plants and (or) vegetable products from harmful organisms and diseases of plants mechanically;

10) neutralization of remedies of plants – processing, burial, decrease in dangerous properties of remedies of plants, destruction on special objects and (or) in special installations without their use, leading to reduction or prevention of their harmful effects on health of the population and the environment;

11) safe handling of remedies of plants – the activities connected with studying, testing, development new, enhancement available, production, realization, storage, transportation, application, neutralization, import, export, packing of remedies of plants;

12) phytosanitary observation – tracking and establishment of level of distribution of harmful organisms and their natural antagonists, and also intensity of their development and injuriousness;

13) phytosanitary actions – the actions providing destruction or decrease in number of harmful organisms or reduction of their harmful effects on plants and (or) vegetable products;

14) phytosanitary condition – condition of ecosystems, their components, products or lot of products of plant origin in certain territory in specifically specified time on structure and the level of development of harmful organisms;

15) the List of chemical remedies of plants – the document comprising information on remedies of the plants which underwent the state accounting according to the requirements established by this Law, and allowed for use in the territory of Turkmenistan;

16) pesticides (agricultural chemicals) – the chemicals used against harmful and especially dangerous harmful organisms and also herbicides, defoliants, desiccants and regulators of growth of plants;

17) special storages (burial grounds) – the constructions intended for safe storage with the subsequent utilization or destruction of the chemical remedies of plants, and also container which became useless or prohibited to application from under them.

Article 2. Legislation of Turkmenistan on protection of plants

1. The legislation of Turkmenistan on protection of plants is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. The relations arising in the field of protection of the forest plants growing in the territory of forest fund against wreckers and diseases of plants are regulated by this Law and the forest legislation of Turkmenistan.

3. The relations arising in the field of protection of the plants growing in especially protected natural territories are regulated by this Law and the legislation of Turkmenistan on especially protected natural territories.

4. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Tasks in the field of protection of plants

Tasks in the field of protection of plants are:

1) implementation of actions for the purpose of timely forecasting, diagnosing and the prevention of mass reproduction and distribution of organisms, harmful to plants;

2) ensuring improvement of phytosanitary condition of crops, receipts of environmentally friendly agricultural products, and also prevention of harmful effects when implementing phytosanitary actions in the territory of Turkmenistan on health of the population and the environment.

Article 4. Basic principles of protection of plants

The basic principles of protection of plants are:

1) ensuring public health care and ecological safety when implementing actions for protection of plants;

2) scientific, ecological and economic justification of holding actions for protection of plants;

3) priority of application of biological remedies of plants;

4) publicity in activities of state bodies, other legal entities and physical persons concerning protection of plants and providing the population with complete, reliable and timely information;

5) implementation of the international sotyorudnichestvo in the field of protection of plants.

Article 5. Objects of legal relationship in the field of protection of plants

In the field of protection of plants treat objects of legal relationship:

1) plants;

2) harmful organisms and diseases of plants;

3) quarantinable objects;

4) remedies of plants.

Article 6. Subjects of legal relationship in the field of protection of plants

Subjects of legal relationship in the field of protection of plants are the legal entities and physical persons performing activities in the field of protection of plants.

Chapter II. State regulation in the field of protection of plants

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