Regulations for Approving Imports of Designated Plants Regulated Articles or Other Articles (2015.05.25)
Promulgated on December 12, 1997.
Amendment to all Articles promulgated on May 18, 2010.
(In case of any discrepancy between the Chinese text and the English translation thereof, the Chinese text shall govern.)
These rules are established pursuant to the second paragraph of Article 14, Plant Protection and Quarantine Act (hereinafter called “the Act”).
Application for importing (hereinafter including the importation through transshipment) designated plants or plant products from designated countries or districts specified under the first paragraph of Article 14 of the Act shall be limited for experimental, research, educational or exhibitive use by governmental agencies (institutions), public enterprises, schools, corporations or organizations founded and registered under relevant laws.
To import designated plants or plant products, importer shall submit application with following documents to the central competent authority for approval:
(1) Related experimental, research, educational or exhibition projects including duration for the intended use. If the use of the derivatives or progenies of the designated plants or plant products is needed, it must be clearly noted in the project ;
(2) Name, quantity, source, basic information and pest status of the designated plants or plant products to be imported ;
(3) Post-entry quarantine management project (including the address and safety features of the isolation site);
(4) Packing methods and the routes and means of transportation, domestically and abroad.
(5) Other related documents and information required by the central competent authority.
For the application stated in Article 3, the importers can only process for the importation based on the approved procedures as specified on the import permits issued by the central competent authority.
The importers shall attach the original import permits on the package for the designated plants or plant products.
The importer shall utilize the plants or plant products under the intended purposes in the location as approved by the central competent authority.
The designated plants or plant products approved for importation shall be subject to post-entry supervision of their use by the plant quarantine authority. Evasion, hindering or denial of such supervision by the importers is prohibited. While in use, the importer shall take appropriate control measures and notify the plant quarantine authority immediately in case any dangerous plant pest or disease occurs. The costs associated with such measures shall be borne by the importers.
The importer shall reexport or destroy the plants or plant products at the expiration date of their use jointly with the plant quarantine authority
The importer may apply for approval by the central competent authority to extend the duration of utilization thirty days prior to expiration date. Application for exhibitive use is only allowed to extend the duration of utilization once under the following conditions:
(1) Reason of application for extension is limited to changes of exhibition schedule, natural disasters, or other unpredictable force majeure reasons recognized by the central competent authority.
(2) Application shall be done seven days prior to expiration date, the extension time shall not be longer than the exhibition project.
In case of applications for uses other than exhibition, importer may apply for approval by the central competent authority to lift the restriction of utilization of imported article thirty days prior to expiration date. The restriction shall be lifted after investigation and confirmed there is no risk of plant diseases and pests.
The importers shall submit to the central competent authority a report on the results of the experiment, research or instruction use within 30 days after the expiration date for the permitted use. The reference numbers of the import permits shall be included in the pertinent reports.
These regulations become effective on the date of promulgation.