Section 3 in Plant Quarantine (Regulation of Import into India) Order, 2003
3. Permits for Import of plants, plant products etc.
(1)No plants, plant products and other regulated articles (hereinafter referred to as consignment?) shall be imported into India without complying the phytosanitary conditions stipulated under this Order. The order shall regulate import of all plants, plant products and other articles including but not limited to seeds/grains, pods, nuts, fruits, bulbs, tubers, corms/cormlets, rhizomes, suckers, cuttings, grafts, saplings, bud woods, roots, rootstock, flowers, pollens, dry plant materials, timber, wood, logs, tissue culture plants, soil, earth, clay, sand, peat/moss, live insects, microbial culture, bio-control agents, transgenic plants and genetically modified organisms etc.,(2)No categories of plants/plant products in respect of the plant species or variety mentioned in Schedule-IV shall be allowed to be imported into India from the countries mentioned against each in column (4) of the said Schedule.(3)Deleted vide Sixth Amendment of 2016, vide S.O.2453 (E), dated 5th July, 2016(4)Import of consignments of seeds of coarse cereals, pulses, oil seeds and fodder seeds and seeds/stock material of fruit plant species for propagation shall only be permitted based on the recommendations of EXIM Committee of Department of Agriculture, Cooperation & Farmers? Welfare (DAC&FW), except the trial material of the same as specified in Schedule-XII of Plant Quarantine Order.(5)Deleted vide Sixth Amendment of 2016, vide S.O.2453 (E), dated 5th July, 2016(6)No consignment of regulated articles as referred under Clause 4, 6 & 7 shall be allowed for import unless accompanied with an import permit issued by the authority as specified under Schedule X.(7)[ (i) The Plant Protection Adviser shall, after obtaining the approval of the Central Government in the Department of Agriculture, Cooperation and Farmers Welfare and based on International Standards established by the International Plant Protection Convention (IPPC) under Food and Agriculture Organization, issue the guidelines for carrying out Pest Risk Analysis (PRA). No import shall be permitted for the consignment other than those listed in Schedule-V, VI and VII unless the Pest Risk Analysis is carried out in accordance with such guidelines and subject to such restrictions and conditions as specified. For this purpose the importer or NPPO of exporting country shall submit an application for PRA for import of agricultural commodities into India in form PQ 23, including the technical information in form PQ 24 for conducting PRA to PPA or Joint Secretary (PP). The technical information must be updated, validated and provided by National Plant Protection Organization (NPPO) of the exporting country. The process of PRA involves the categorization of pests associated with the commodity into quarantine pests; evaluation of their introduction potential; critical assessment of economic and environmental impact of their introduction and spread; and specification of risk mitigating measures against them. The completion of PRA process shall involve the visit of phytosanitary experts to the country of export to carry out pre-shipment inspections, evaluate postharvest treatment technologies and quarantine inspection and certification facilities. In the event of interception of a quarantine pest in imported consignment, further import of consignments shall be suspended until earlier PRA in respect of the consignment is reviewed and the risk mitigating measures are evaluated.(ii)The commodities with least Phytosanitary risk which are processed to the point where the commodity does not remain capable of being infested with quarantine pests (processed items), shall not require Plant Quarantine clearance.](8)The issue of permit may be refused or withheld by the issuing authority after giving reasonable notice to the applicant and for reasons to be recorded in writing.(9)The Import Permit issued shall be valid for twelve months from the date of issue and valid for multiple port access and multiple part shipments in accordance with Clause 3(14) (i) provided the exporter, importer and country of origin are the same for the entire consignment. The issuing authority may, on request, extend the period of validity for a further period of twelve months after charging Rs. 500/- provided such request for extension of validity is made to the issuing authority before the expiry of the permit with adequate reasons to be recorded in writing. Suppression of the facts or any material information while issue of import permit is liable to be cancelled or with drawn.(10)The import permit issued shall not be transferable and no amendments to the permit shall be issued except for change of point of entry subject to reasons to be recorded in writing.(11)Deleted vide Sixth Amendment of 2016, vide S.O.2453 (E), dated 5th July, 2016(12)No consignment of seed or grain shall be permitted to be imported with contamination of quarantine weeds, which are listed in Schedule-VIII unless the said consignment has been devitalized by the exporting country and a certificate to that effect has been endorsed in the phytosanitary certificate issued by the exporting country. Every application for quarantine inspection and clearance shall be made in Form PQ 15.(13)All the consignments of plants and plant products and other regulated articles shall be imported into India only through ports of entry as specified in Schedule-I and Inland Container Depots/Container Freight Stations and foreign post offices falling within the jurisdiction of concerned plant quarantine station operating here under or those notified by the Government from time to time in this behalf(14)[(i)(a) All consignments of seeds and plants for propagation and regulated articles such as live insects, microbial cultures, bio-control agents, soil, growing media (with soil, peat or other organic materials) and peat or sphagnum moss shall only be imported into India through Regional Plant Quarantine Stations, Amritsar, Chennai, Kolkata, Mumbai, New Delhi, Bengaluru or through any other points of entry as may be notified from time to time for this purpose, provided that import of germplasm/ transgenic plant material and genetically modified organisms shall be permitted only through New Delhi Airport.(b)National Plant Quarantine Station, New Delhi is renamed as Regional Plant Quarantine Station, New Delhi.(c)Plant Quarantine Station, Bengaluru is renamed as Regional Plant Quarantine Station, Bengaluru for import of seeds, consumption and propagating material.(d)Plant Quarantine Station, Kandla is renamed as Regional Plant Quarantine Station, Kandla for import of consumption materials.(ii)All consignments of sand in any form for industrial and non-agricultural purpose shall be imported into India through notified sea ports under Schedule I.](15)On arrival, at the first point of entry the consignment shall be inspected by the Plant Protection Adviser or any other officer duly authorized by him in this behalf and appropriate samples shall be drawn for laboratory testing, in accordance with the guidelines issued by Plant Protection Adviser from time to time.(16)The Plant Protection Adviser or the officer authorized by him may, after inspection and laboratory testing, fumigation, irradiation, disinfection or disinfestation, as may be considered necessary by him, accord quarantine clearance for the entry of a consignment or grant provisional clearance for growing under post-entry quarantine, as the case may be in form PQ 16 and or order deportation or destruction of the consignment in form PQ 17 in the event of non-compliance with the restrictions and conditions specified in this Order.(17)Where fumigation or disinfestation or disinfection is considered necessary in respect of a consignment of plants, seeds and fruits the importer shall on his own and at his cost arrange for the fumigation, disinfection or disinfestation of the consignment, through an agency approved by the Plant Protection Adviser under the supervision of an officer duly authorized by the Plant Protection Adviser in that behalf.Provided that where irradiation is necessary in respect of any consignment of fresh fruits or vegetables or other plant products, the same shall be carried out by the importer at his own cost, at an irradiation facility, established as per the regulations of the "Atomic Energy Regulatory Board" and duly approved by the "Plant Protection Adviser" to the Government of India (PPA) under the International Standards established under the "International Plant Protection Convention" and at the scheduled dosage approved by the Plant Protection Adviser under supervision of an officer authorized by him, where necessary"(18)It shall be the responsibility of the importer or his authorized agent. -(i)to file an application for the quarantine inspection of imported seeds, plants and plant products or other regulated articles in the form PQ 15 along with copies of relevant documents and fees as prescribed under Schedule-IX payable by a demand draft to the competent authority(ii)to provide information on any plant and plant product and other articles covered under this Order and which are imported by him/her or are in his/her possession, to Plant Protection Adviser or any officer duly authorised by him;(iii)to bring the consignments to the concerned plant quarantine station or to place of inspection, fumigation or treatment as directed by Plant Protection Adviser or any officer duly authorised by him;.(iv)to permit drawing of appropriate samples for inspection and laboratory investigation and extend necessary facilities towards the same;(v)to open, repack and load into or unload from the fumigation chamber and seal the consignment;(vi)to remove them after inspection and treatment according to the directions issued by the Plant Protection Adviser or any officer authorised by him;(vii)to arrange deportation or destruction of the consignment at the cost of importer as may be deemed necessary by Plant Protection Adviser or an officer authorized by him.(19)No consignment or container carrying plants and plant products intended for other countries shall be allowed transit through or transshipment at air or sea ports or land customs stations, unless they are packed in such a manner so as not to permit spillage of material or contamination with soil or escape of any pest, and subject to the condition that the package or container shall not be opened or seals are broken any where in India.(20)No consignment shall be permitted import unless accompanied by an original Phytosanitary Certificate issued by an authorized officer at the country of origin in PQ Form 21 or at the country of re-export in PQ Form 22;Provided that cut flowers, garlands, bouquets, dry fruits/nuts etc., weighing not more than two kilograms imported for personal consumption may be allowed to be imported without a Phytosanitary Certificate or an import permit.Provided that all consignments of Similar material: Inorganic soil additives, Leonardite, Lignite, Pure sand (Silica, Zircon, Quartz, etc.,) Pure clay like kaolin etc., Rock aggregates and Gravel, Volcanic pumice, Chalk, Rock salt, Diatomaceous earth, All kinds of ore, Vermiculite, Perlite, Gypsum, Zeolite etc., may be allowed to be imported in any form, for industrial and non agricultural purpose, without a Phytosanitary Certificate or an import permit.(20A)No article, packed with raw/solid wood packing material shall be released by the proper officer of Customs unless the wood packaging material has been appropriately treated and marked as per ISPM-15 or is accompanied by a phytosanitary certificate with the treatment endorsed.The treatment of raw/solid wood packing material prior to export shall include either Methyl bromide (MB) @ 48 g/m3 for 16 hrs at 210C and above or any equivalent thereof or heat treatment (HT) at 560C for 30 min (core temperature of wood) or Kiln Drying (KD) or Chemical Pressure Impregnation (CPI) or any other treatments provided that these meet the HT specification of the ISPM-15.Any, article, if found packed with raw/solid wood packaging material without specified treatment and without marking as per ISPM-15 or if not accompanied by Phytosanitry Certificate with treatment endorsed, as the case may be, shall be considered untreated and shall be referred by the proper officer of the Customs to Plant Quarantine Officer. The proper officer or Customs shall grant release of such articles packed with untreated wood packaging material only after ensuring that the wood packaging material has been appropriately treated at the poing of entry under the supervision of Plant Quarantien Officer.Provided that above conditions shall not be applicable to wood packaging material wholly made of processed wood products such as ply wood, particle board, oriental strand board or veneer that have been created using glue, heat and pressure or combination thereof. Also the above conditions shall not be applicable to wood packaging material such as veneer peeler cores, saw dust, wood wool and shavings and thin wood pieces (less than 6 mm thickness), unless they are found to be harboring any regulated pests specified in this order.Provided further that nothing contained in this clause shall be applicable to wood packaging materials used for packaging of bona-fide passenger baggage containing goods other than plant and plant products.(20 B) No article packed with hay or straw shall be allowed to be imported unless such hay or straw, as the case may be is treated prior to export and the article shall accompany the treatment certificate.Explanation. - In this sub-clause, the word "treated" shall mean treated by Methyl bromide fumigation @ 48 gm/m3 for 24 hours at normal atmospheric pressure at 210C or above or equivalent thereof; or steam sterilization under pressure 560C for 30 minutes; or any other treatment approved by the Plant Protection Adviser.(21)[***] [Deleted vide Third Amendment of 2004, vide S.O. 644(E), dated 31st May, 2004](22)[***] [Deleted vide Third Amendment of 2004, vide S.O. 644(E), dated 31st May, 2004]
