The Saeima has adopted and
the President proclaims
following law:
the
Plant Protection Law
Chapter I
General Provisions
Section 1. Terms Used in this Law
1)
2)
3)
4)
5)
6)
7)
8)
The following terms are used in this Law:
plants - living plants, fruit (in a botanical sense) and vegetables,
except for those which are frozen, tubers, bulbs, rhizomes, corms, cut
flowers, branches with foliage, cut trees retaining foliage, plant tissue
cultures and seeds;
plant products - products of plant origin, unprocessed or having
undergone simple preparation (milled, dried or pressed);
plant protection products - biological or chemical (pesticides)
products, which are intended to eradicate harmful organisms or to
reduce their negative impact, to influence life-processes of plants
(except for plant nutrition), to preserve plant products, to destroy
undesired plants, to destroy parts of plants, and to eliminate and
prevent undesired growth of plants;
plant protection measures - actions of humans against harmful
organisms or pathogenic substances initiating plant physiological
dysfunction in order to protect plants;
active substances - substances or micro-organisms having a general or
particular action against harmful organisms as well as on plants or
plant products;
genetically modified organisms - organisms the genetic material of
which is altered in a way other than by mating naturally or recombination (in so far as it concerns plant protection);
harmful organisms - organisms of plant or animal origin harmful to
plants and plant products, viruses, mycoplasma and other pathogens;
pesticide residues - active substances (one or more) in or on plants and
plant products, or in the environment, resulting from the use of plant
protection products, including their metabolites and products of their
degradation or chemical reactions.
Section 2. Purpose of this Law
The purpose of this Law is to regulate the activities of natural and
legal persons in the area of plant protection in order to prevent import,
introduction and spread of harmful organisms in the territory of the State
as well as to ensure that plant protection measures and plant protection
products do not have an adverse effect on human health, animals and the
environment, and to prevent the accumulation of pesticide residues above
the maximum permitted levels in plant products, in the soil and in water.
Section 3. Plant Protection
(1) Plant protection shall mean a set of judicial, technical,
organizational and practical measures to be taken to study biological and
ecological factors of the organisms harmful to and competitive of plants,
to define and carry out restriction and prevention of spread of such
organisms.
(2) National plant protection shall be in charge of Ministry of
Agriculture.
Chapter II
Competence of State Institutions with regard to the Area of
Plant Protection
Section 4. State Plant Protection Service and its Tasks
(1) The state supervision of the area of plant protection shall be
organized and carried out by State Plant Protection Service. This Service
is a state authority under the supervision of Ministry of Agriculture and is
a legal person and shall have a Seal bearing a Supplemented Lesser State
Coat of Arms of the Republic of Latvia.
(2) State Plant Protection Service shall be managed by its director.
The director, upon confirmation by the Cabinet of the candidacy
recommended by the Minister for Agriculture, shall be appointed to and
removed from office by the Minister for Agriculture. The functions
regarding control of the area of plant protection shall be performed by
inspectors who are appointed and removed by the director of State Plant
Protection Service.
(3) The task of State Plant Protection Service shall be to, in due
time, detect the appearance of harmful organisms, to forecast their
development, to define plant quarantine measures in particular cases and
places as well as to promote the carrying out of plant protection measures
2
to such extent as may be required to eliminate or restrict spread of
harmful organisms and to reduce their negative impact.
(4) In order to carry out its tasks, State Plant Protection Service
shall:
1) keep a register of plant protection products and provide for the
evaluation, authorization and re-authorization of these products;
2) establish and keep a register of those persons who are engaged
in the production, processing, storage, trade, import and export of plants
and plant products subject to phytosanitary control;
3) issue phytosanitary documents certifying the conformity of
plants and plant products with the requirements under regulatory
enactments, including phytosanitary certificates for export and re-export
of plants and plant products;
4) carry out the state supervision and control of circulation of
plant protection products;
5) carry out tests on plants, provide land tenants (owners) with
information on the appearance and spread of harmful organisms, and also
on plant protection measures to be taken;
6) carry out phytosanitary control and determine phytosanitary
measures;
7) determine derogations for such plants, plant products and
harmful organisms which are intended for scientific, research or selection
purposes;
8) establish procedures for the research and trials of harmful
organisms, genetically modified organisms and plant protection products;
9) carry out the analyses regarding risk of spread of plant
quarantine organisms;
(5) The inspectors of State Plant Protection Service with a view to
supervision of plant protection shall visit the persons who are engaged in
the area of plant protection and, irrespective of the type and character of
their authority and entrepreneurial activities, within the limits of their
competency, shall give instructions regarding plant protection as well as
draw up statements of the administrative violations and impose fines;
(6) The officials of State Plant Protection Service shall be
responsible for the compliance of the decisions and actions made with
regulatory enactments, and shall not divulge commercial secrets which
come to their knowledge by reason of the execution of official duties.
(7) State Plant Protection Service shall compile and furnish
technical information on harmful organisms, elaborate recommendations
on the measures to be taken to eliminate and eradicate such organisms, as
well as ensure the exchange of information between states with regard to
plant protection matters.
3
Section 5. Competence of the Cabinet
In respect of plant protection area, the Cabinet shall issue:
1) regulations regarding plant quarantine, prescribing the
procedures for the registration of producers, processors, keepers, traders,
importers and exporters of plants and plant products, the order of
phytosanitary control and relevant measures, the procedures for the issue
of phytosanitary documents and establishment of the protected zones; and
shall confirm a list of plant quarantine organisms, a list of plants, plant
products and other objects, come into contact with them, import of which
is prohibited or subject to special requirements, and also a list of plants,
plant products and associated materials subject to phytosanitary control or
border control;
2) regulations regarding the procedures for the authorization of
plant protection products;
3) regulations regarding propagating material, establishing the
conformity criteria and procedures for circulation of this material;
4) regulations regarding control of pesticide residues, fixing the
maximum permitted levels for pesticide residues in products and
establishing the procedures for the control of them;
5) regulations regarding placing on the market, storage and use
of plant protection products, defining the criteria to be set for market
places and responsibilities and rights to be assigned to persons, as well as
regulations regarding the procedures and control of circulation of plant
protection products;
6) a list of prohibited plant protection products.
Section 6. Competence of Ministry of Agriculture
In respect of plant protection area, the tasks to be carried out by
Ministry of Agriculture shall be as follows:
1) to approve official instructions regarding plant quarantine and
specific plant protection measures as well as the procedures for the issue
of special permits (licenses) for marketing of plant protection products;
2) to confirm payment procedures and a price list regarding
services associated with the issue of the phytosanitary documents, the
authorization of plant protection products and registration of relevant
persons and phytosanitary control and phytosanitary measures, which is
to enter into force upon its publication in the newspaper ”Latvijas
Vēstnesis”;
3) in case of spread of plant quarantine organisms, the
prohibitions and restrictions may be imposed on import and movement of
4
plants and plant products for a period not exceeding three months, and
publishes them in the newspaper ”Latvijas Vēstnesis”.
Chapter III
Plant Protection Products and Measures
Section 7. Plant Protection Products
(1) Only those plant protection products may be imported, marketed
and used in Latvia which are included in the register of plant protection
products. This shall not apply to plant protection products which are
intended for:
1) export or which are under customs control as a foreign good;
2) use as growth regulators of cut ornamental plants;
3) antiseptic treatment of wood.
(2) Unauthorized plant protection products may be imported and
used with the permit of State Plant Protection Service:
1) for the research and trials;
2) if the eradication of particular harmful organisms is
endangered and cannot be carried out by the authorized plant protection
products.
(3) Plant protection products are divided into three authorization
classes:
1) the first class - plant protection products which are used under
the guidance of a plant protection specialist;
2) the second class - plant protection products which may be
used by the persons who have obtained a certificate of the minimum
knowledge of plant protection;
3) the third class - plant protection products which may be used
by all persons.
(4) Seeds and growing medium, which contain plant protection
products or which have come into contact with plant protection products,
may be imported and marketed, if these products have been authorized, or
also if the active substance or its action complies with any sort of the
authorized plant protection products. The name of plant protection
products or the active substance shall appear on the packaging of seeds
and growing medium.
(5) State Plant Protection Service shall ensure that all persons
concerned have an opportunity to obtain information on the register of
plant protection products and on the use of the products entered to it; and
once a year shall publish the list of the authorized plant protection
products.
5
Section 8. Marketing of Plant Protection Products
(1) Plant protection products may be imported and marketed by
enterprises (companies) which have obtained a special permit (licence)
granted by Ministry of Agriculture.
(2) Plant protection products may be imported and marketed in
original packaging bearing the label of the manufacturer with the
indication in Latvian of the name, authorization number and class of plant
protection product, the preparatory form and type of action, the name of
the active substance and its concentration in the preparation, the name of
the manufacturer, the date of production and the expiry date,
characteristics of danger, instructions on use, indications of rendering the
first aid and other information which is confirmed upon authorization of
this product.
(3) It is prohibited to market such plant protection products the
quality of which does not comply with the conditions of authorization. In
case of any doubt or suspicion, the inspectors of State Plant Protection
Service may take samples of plant protection products from enterprises
(companies) and send them for quality check. If plant protection products
do not comply with the requirements under the Law or with the
conditions of authorization, expenditures associated with sampling and
quality check of these plant protection products shall be covered by the
enterprise (company) marketing the relevant plant protection products; if
plant protection products comply with the requirements, expenditures
shall be covered from the resources of State Plant Protection Service.
(4) The inspectors of State Plant Protection Service may prohibit
marketing and use of plant protection products, if it has been established
that they are not qualitative or do not comply with the requirements under
this Law; however, if any doubt arise as to their quality, they may
suspend marketing of these products until absolute reassurance of their
quality. In this case the decision shall be made within not more than 30
days from the date of suspension of marketing.
(5) Plant protection products the expiry date of which has passed
may be marketed only if provided by samples that they comply with the
conditions of authorization and provided that a relevant decision by State
Plant Protection Service is applicable. The samples shall be taken with
the participation of an inspector from State Plant Protection Service who,
within 30 days from receipt of the analyses from the accredited
laboratory, shall decide on further actions with respect to these products.
Expenditures associated with the analyses of the samples shall be covered
by the enterprises (companies) marketing the mentioned plant protection
products.
6
(6) Enterprises,
(companies) which import or market plant
protection products, shall provide for their circulation and accounting in
accordance with the procedures established by the Cabinet, and shall by
April 1 each year submit information to State Plant Protection Service
concerning the preceding calendar year with the indication of the names
and quantities of plant protection products sold to users.
(7) Unauthorized plant protection products may not be advertised.
The information provided for by advertisements and consultations may
not contradict the information included in the register of plant protection
products.
Section 9. Storage of Plant Protection Products
(1) The enterprises (companies) referred to in the first part of
Section 8 of this Law shall ensure that:
1) plant protection products are stored in original packaging and
in conditions indicated on the label and, in addition, separately from other
products and substances which may affect the properties of the relevant
plant protection products;
2) plant protection products the expiry date of which has passed
and the quality of which does not comply with the conditions of
authorization are stored separately.
(2) Technical requirements to be laid down for the storage places of
plant protection products referred to in the first part of this Section shall
be prescribed by the Cabinet.
(3) The persons who have acquired plant protection products shall
be obliged to store them in lockable places, inaccessible to children and
animals, separate from foodstuffs and animal feeding stuffs.
Section 10. Use of Plant Protection Products
(1) Persons shall use plant protection products only in compliance
with the indications mentioned on the label of these products, as well as
carry out other plant protection measures, and eliminate the appearance
and spread of harmful organisms.
(2) Plant protection products included in the first and second
authorization class may be used by persons who have been certified and
who have obtained certificates enabling them to acquire and use these
products. These persons shall provide for accounting of plant protection
products pursuant to the procedures established by the Cabinet.
(3) State Plant Protection Service shall organize training of persons
in carrying out plant protection measures, specify the minimum
knowledge required for plant protection matters, and certify and issue
7
certificates enabling persons to acquire and use plant protection products
required for eradication of harmful organisms.
(4) Persons, at the request of State Plant Protection Service, shall
provide information on appearance and spread of harmful organisms, as
well as on eradication measures taken and plant protection products used.
(5) The useless chemical plant protection products shall be removed
in accordance with the Law on Dangerous Waste. Expenditures
associated with these actions shall be covered by the owner of the useless
chemical plant protection products.
(6) The use of plant protection products from aircraft is admissible
only after co-ordination with State Plant Protection Service and the
relevant regional Environmental Board.
Section 11. Plant Protection Equipment
Only such plant protection equipment shall be operated which
comply with national standards, technical specifications and operation
instructions, not presenting any hazard to human health or life as well as
ensuring the environmental protection.
Chapter IV
Plant Quarantine and Measures
Section 12. Plant Quarantine
(1) Plant quarantine or phytosanitary is a set of measures organized
by the State which shall be carried out to ensure plant protection, not
allowing to import and spread plant quarantine organisms and other
organisms harmful to plants, which do not occur or are of limited spread
and to which phytosanitary measures shall apply.
(2) State Plant Protection Service shall carry out phytosanitary
control, or this control shall be carried out under its supervision in order
to examine whether plants, plant products or articles which have come
into contact with them comply with phytosanitary standards and, if
necessary, shall define phytosanitary measures to prevent import,
introduction and spread of plant quarantine organisms.
(3) If a risk of spread of plant quarantine organisms arises, State
Plant Protection Service may propose that prohibitions and eliminations
on import and movement of plants and plant products shall be imposed
for a period not exceeding three months.
Section 13. Registration of Persons
8
(1) Persons, who are engaged in the production, processing, storage,
import, trade, export and movement of plants and plant products subject
to phytosanitary control within the State, shall register with State Plant
Protection Service.
(2) The registered persons shall have the responsibility to:
1) keep documentation regarding plants and plant products and
to, on request, present it to the inspectors of State Plant Protection
Service;
2) immediately inform State Plant Protection Service of the
appearance of plant quarantine organisms and other unfamiliar
organisms;
3) observe the requirements set out in regulatory enactments
regarding circulation of plants, plant products and articles which have
come into contact with them, subject to phytosanitary control;
4) ensure that the inspectors of State Plant Protection Service
have an opportunity to access properties where plants, plant products and
articles which have come into contact with them are grown or stored, and
to control the implementation of phytosanitary measures.
(3) State Plant Protection Service shall not less frequently than once
a year check how the registered persons observe the requirements set out
in regulatory enactments regarding circulation of plants, plant products
and articles which have come into contact with them, subject to
phytosanitary control.
Section 14. Import of Plants and Plant Products
(1) It is prohibited to import into the State plant quarantine
organisms as well as plants, plant products and articles which have come
into contact with them, if they do not comply with phytosanitary
standards and also if there are no relevant documents.
(2) Persons, who are engaged in import of the plants and plant
products and articles which have come into contact with such plants and
plant products, subject to phytosanitary control, shall provide for the
conditions of carrying out phytosanitary control.
(3) Customs procedures for imported plants and plant products, as
well as for articles which have come into contact with these plants and
plant products, subject to phytosanitary control, may be completed only
after carrying out their phytosanitary control.
(4) In separate cases State Plant Protection Service may subject to
phytosanitary control also other plants and plant products, and articles
which have come into contact with them, if there is a serious risk of
import of plant quarantine organisms.
9
(5) If, as a result of phytosanitary control, non-compliance of
plants, plant products and articles, which have come into contact with
them, with phytosanitary standarts is established, then, with respect to
these, one of the following measures shall be carried out:
1) return of them to the relevant state;
2) destruction of them in accordance with the procedures laid
down by State Plant Protection Service;
3) placement of them under customs control while the importer
carries out the phytosanitary measures defined by State Plant Protection
Service.
(6) Implementation of the measures referred to in the fifth part of
this Section shall be controlled by State Plant Protection Service.
Expenditures regarding these measures shall be covered by the importer
of plants, plant products and articles which have come into contact with
these plants and plant products.
(7) Phytosanitary control of imported propagating material defined
by the Cabinet shall be carried out in the places of its storage or growing.
This propagating material may be marketed or moved only after State
Plant Protection Service has made a decision regarding its compliance
with the requirements under regulatory enactments.
Section 15. Transit of Plants and Plant Products
(1) If the consignment of plants, plant products and articles which
have come into contact with them is transported in transit through the
territory of the State without dividing, repackaging and storing of this
consignment, and ensuring that there is no possibility to infect the
territory of the State with or to get infected in the territory of the State
with plant quarantine organisms, the relevant consignment shall not be
subject to phytosanitary control.
(2) Phytosanitary control shall be carried out if there is reasonable
suspicion that a transit consignment is infected with plant quarantine
organisms and their spread is possible and also if the provisions of the
first part of this Section are not observed.
Section 16. Transporting externally (Export) and Transporting
back (Re-export) of Plants and Plant Products
(1) Plants and plant products and articles, which have come into
contact with them, to be exported and to be re-exported shall comply with
phytosanitary standards of the country of destination.
(2) The persons engaged in export and re-export of plants and plant
products and articles, which have come into contact with them, at least 48
10
hours before the preparation of the consignment intended for delivery,
shall inform State Plant Protection Service of phytosanitary control
required.
(3) After carrying out phytosanitary control, State Plant Protection
Service shall issue a phytosanitary certificate for export or a
phytosanitary certificate for re-export, if plants, plant products and
articles, which have come into contact with them, comply with
phytosanitary standards of the country of destination or the country of
transit.
(4) It is prohibited to export plants, plant products and articles,
which have come into contact with them, without phytosanitary
documents, if such are required by phytosanitary standards of the country
of destination.
Section 17. Internal Circulation of Plants and Plant Products
(1) It is prohibited to market and move plants, plant products and
articles, which have come into contact with them, infected with plant
quarantine organisms, as well as plants and plant products which do not
comply with phytosanitary standards.
(2) State Plant Protection Service shall carry out the checks of
plants and plant products and, upon the basis of the results obtained,
define the zones to be protected, in which in conditions favorable for
existence one or more harmful organisms are not endemic or established
and in which there is a risk that under propitious ecological conditions
one or more of the specified harmful organisms may establish or become
endemic; as well as the procedures for circulation in these zones of
plants, plant products and articles, which have come into contact with
them. A list of the protected zones and the procedures for circulation in
these zones of plants, plant products and articles, which have come into
contact with them, shall be published in the newspaper “Latvijas
Vēstnesis”.
(3) State Plant Protection Service shall carry out the supervision of
certification of propagating material of fruit plants, ornamental plants and
vegetables; and issue conformity documents.
(4) If the presence of plant quarantine organisms is established,
persons following the instructions given by an inspector of State Plant
Protection Service shall carry out destruction of the relevant plants and
plant products, disinsection or disinfection of plants, plant products and
articles, which have come into contact with them, and observe the
restrictions imposed on circulation of plants and plant products.
(5) Storage and reproduction of plant quarantine organisms and
other harmful organisms, as well as the activities relating to genetically
11
modified organisms may be carried out only for the purposes of
phytosanitary research and diagnostics after prior co-ordination with State
Plant Protection Service.
(6) In case of spread of harmful organisms in large quantities
(epiphytoty) plant protection measures shall be carried out in accordance
with the Law on Civil Protection.
Section 18. Control and Supervision of circulation of Plants
and Plant Products
(1) Circulation of plants, plant products and articles, which have
come into contact with them, shall be supervised and controlled by State
Plant Protection Service. The Cabinet may determine another institution
for the border control of imported plants, plant products and articles,
which have come into contact with them, which shall observe the
instructions given by State Plant Protection Service for carrying out
phytosanitary control.
(2) On carrying out the supervision and control of circulation of
plants and plant products the inspectors of State Plant Protection Service
shall:
1) check plants and plant products in warehouses, means of
transport and industrial premises as well as areas of land irrespective of
the way they are managed, of the form of property, season and other
conditions;
2) without paying remuneration to persons, take samples of
plants and plant products, growing medium, seeds and propagating
material for analyses in accordance with the methodical instructions
approved by the director of State Plant Protection Service;
3) set up for persons to carry out destruction of plants and plant
products, disinsection or disinfection of plants, plant products and
articles, which have come into contact with them, if plant quarantine
organisms have been established; as well as to use particular plant
protection products, equipment and methods; and determine the
procedures for growing and harvesting of the plants subject to
phytosanitary control; and control the implementation of these measures;
4) prohibit sowing of particular seeds, the planting and growing
of particular plants, also, permanently or temporarily, the use of the soil
contaminated with harmful organisms, the use of infected seeds or
propagating material, transportation and sale of infected plants and plant
products, as well as circulation of genetically modified organisms not
complying with the requirements under regulatory enactments;
5) prohibit or define restrictions regarding import, export and
internal circulation of plants, plant products and articles, which have
12
come into contact with them, if non-compliance with the requirements
under regulatory enactments has been established;
6) if the set phytosanitary measures have been infringed and if
there is a risk of spread of plant quarantine organisms, phytosanitary
measures required shall be carried out by coercion. Expenditures relating
to these measures shall be covered by the infringer.
Chapter V
Cooperation in Plant Protection
Section 19. Co-operation in Plant Protection
(1) Scientific research institutions upon co-ordination with State
Plant Protection Service, shall carry out research regarding harmful
organisms and plant protection measures for elimination of spread of such
organisms.
(2) The police, State and Local Government institutions, upon
request of State Plant Protection Service shall contribute to the ensurance
of compliance with the requirements under regulatory enactments.
Chapter VI
Liability for the Failure to Observe this Law
Section 20. Liability for the Failure to Observe this Law
(1) The violator of this Law shall be liable in accordance with the
procedures provided for by law.
(2) The failure to carry out plant protection measures, as well as
negligent use of plant protection products, marketing of non-qualitative
plant protection products, intentional spread of plants and plant products
infected with harmful organisms, if great losses have been inflicted on the
growers of plants or additional costs have been incurred as a result, the
violator shall be liable in accordance the Civil Law.
(3) The liability mentioned in the first and the second part of this
Law shall not release persons from carrying out phytosanitary measures
provided for by State Plant Protection Service.
(4) Decisions taken by State Plant Protection Service may be
appealed to the court in accordance with the procedures set out in laws.
Transitional Provisions
1. State Plant Protection Service shall be a successor in interests
and obligations of the National Plant Protection Station.
13
2. Until the date of entering into force of this Law, special permits
(licences) for marketing plant protection products shall be valid up to the
end of their expiry date.
3. Until the date of entering into force of this Law, the term of
action and the conditions of authorization for the authorized plant
protection products shall continue to apply.
4. The certificates issued to users of plant protection products and
consultants regarding rights to acquire and use plant protection products
or to render consultations shall be valid up to the end of their expiry date.
5. From the entry into force of this Law, the 5 October 1994
Republic of Latvia Law on Plant Protection (Latvijas Republikas Saeimas
un Ministru Kabineta Ziņotājs, 1994, No.22) is repealed.
This Law has been adopted on December 17, 1998
The President
G. Ulmanis
Riga, December 30, 1998
Public.: Vēstnesis, 30.12.98.No.338
This Law enters into force as of January 13, 1999
14