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Union of India - Section

Section 2 in Plant Quarantine (Regulation of Import into India) Order, 2003

2. Definitions.

- In this Order, unless the context otherwise requires. -
(i)"additional declaration" means a statement that is required by an importing country to be entered in a phytosanitary certificate and which provides specific additional information pertinent to the phytosanitary condition of a consignment;
(ii)"bio-control agent" means any biological agent such as parasite, predator, parasitoid, microbial organism or self replicating entity that is used for control of pests;
(iii)"consignment" - means a quantity of seeds, plants and plant products or any regulated article consigned from one party to other at any one time shipment and covered by a phytosanitary certificate, bill of entry of customs, shipping/airway bill or invoice;
(iv)"cotton" includes ginned cotton, cotton linters and dropping, tripping, fly and other waste products of cotton mill other than yarn waste, but does not include cotton seed or un-ginned cotton;
(v)"form" means a form appended to this Order
(vi)"fruit" means any fleshy portion of the plant, that contains seeds, which is used for consumption, including seedless fruit both fresh and dry but does not include preserved or prickled or frozen fruits.
(vii)"grain" means seeds intended for processing or consumption and not for sowing or propagation.
(viii)"germplasm" means plants in whole or in parts and their propagules including seeds, vegetative parts, tissue cultures, cell cultures, genes and DNA based sequences that are held in a repository or collected from wild as the case may be and are utilized in genetic studies or plant breeding programmes for crop improvement;
(ix)"import" means an act of bringing into any part or place of territory of Republic of India any kind of seed, plant or plant product and other regulated article from a place outside India either by sea, land, air or across any customs frontier;
(x)"import permit" means an official document authorizing importation of a consignment in accordance with specified phytosanitary requirements;
(xi)"Inspection Authority" means an authority specified in Part I of Schedule XI or an officer of the Directorate of Plant Protection, Quarantine and Storage duly authorized by the Plant Protection Adviser for the purpose of approval and certification of Post-entry quarantine facilities and inspection of growing plants in such facilities in accordance with the guidelines issued by the Plant Protection Adviser and for any specified purpose, an authority specified in Part II of the said Schedule.
(xii)"Irradiation" means the treatment of food or agricultural products with any type of processing of ionized radiation such as gamma irradiation or micro-electron acceleration processing.
(xiii)"issuing authority" means an authority as envisaged under Schedule-IV of this order or duly notified by the Central Government from time to time either generally or specifically for issuance of import permit;
(xiv)"notification" means a notification published in the official Gazette and the expression "notifies" shall be construed accordingly;
(xv)"noxious weeds" mean any weed harmful or hazardous or unwholesome to human beings, animal life or parasitic on plant species;
(xvi)"packing material" means any kind of material of plant origin used for packing of goods;
(xvii)"pest" means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants and plant products;
(xviii)"pest risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and strength of any phytosanitary measures to be taken against it;
(xix)"phytosanitary certificate" means a certificate issued in the model format prescribed under the International Plant Protection Convention of the Food & Agricultural Organization and isssued by an authorized officer at the country of origin of consignment or re-export;
(xx)"plant" means a living plants and parts thereof including seed and germplasm;
(xxi)"plant product" means an un-manufactured material of plant origin including grain and those manufactured products that, by their nature or that of their processing, may create risk for the introduction and spread of a pest.
(xxii)"Plant Protection Adviser" means the Plant Protection Adviser to the Government of India, Directorate of Plant Protection, Quarantine and Storage;
(xxiii)"point of entry" means any sea port, airport, or land-border check-post or rail station, river port, foreign post office, courier terminal, container freight station or inland container depot notified as specified in Schedule-I or Schedule-II or Schedule-III as the case may be;
(xxiv)"post-entry quarantine" means growing of imported plants in confinement for a specified period of time in a glass house, screen house, poly house or any other facility, or isolated field or an off-shore island that is established in accordance with guidelines/standards and are duly approved and certified by an inspection authority notified under this order;
(xxv)"quarantine pest" means a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled;
(xxvi)"regulated article" means any article the import of which is regulated by this order;
(xxvii)"schedule" means a Schedule to this Order;
(xxviii)"seeds" means seeds intended for sowing or propagating and not for consumption or processing;.
(xxix)"soil" means earth, sand, clay, silt, loam, compost, manure, peat or sphagnum moss, litter, leaf waste or any organic media that support plant life and shall include ship ballast or any organic medium used for growing plants.
(xxx)"timber" means a form of dead wood, log and lumber cut from plants, with or without bark or sawn and sized, which is used for manufacturing veneer, plywood, particle or chip board and making building material, furniture, packages, pallets, sports goods and handicrafts;.
(xxxi)"tissue cultured plant" means any part of a plant or plant tissue or plantlet grown under aseptic or sterile conditions in flasks or other suitable container on appropriate media and shall include ex-agar washed plant lets;
(xxxii)"dunnage" means wood packing material used to secure or support a commodity but which does not remain associated with the commodity [FAO, 1009; revised ISPM Pub. No. 15, 2002]
(xxxiii)"wood packing material" means wood or wood products (excluding paper products) used in supporting, protecting or carrying a commodity (includes dunnage) [ISPM Pub. No.15, 2002]
(xxxiv)"article" means any kind of movable property including any goods and stores consigned from one party to another as a shipment and covered by a bill of entry of customs, shipping or airway bill and/or invoice in the course of international trade.
(xxxv)Animal Feed- Kibbled-crushed seeds/pellet/dried cake form thereby denatured and free from weed seeds, bacterial and fungal pathogens.
(xxxvi)[ Commodity – A type of plant, plant product, or other article being moved for trade or other purpose .] [Inserted by Notification No. S.O. 2286(E), dated 4.6.2018.]