Article 39p. 39

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

the Regional Director concerned and in consultation with

the Director of Plant Industry, appoint Plant Quarantine

Officers to act as his representatives in implementing and

enforcing the provisions of this Chapter.

SECTION 34. Powers and Duties of Plant Quarantine

Officers . — The Plant Quarantine Officers shall have

authority to:

(1) Inspect all carriers, passengers, crew, luggage and

incoming mails to determine the presence of plants,

plant products and other materials capable of harboring

plant pests as well as potential animal pests;

(2) Enter into and inspect any and all areas where

plants, plant products and other materials capable of

harboring plant pests are landed, stored or grown;

(3) Examine imported plants, plant products, and other

materials capable of harboring plant pests as well as

potential animal pests and administer necessary

measures to insure effective implementation of the

provisions of this Chapter;

(4) Inspect, administer treatment and certify plants,

plant products and other related materials intended for

export, if the importing country so requires;

(5) Confiscate and destroy or refuse entry of plants,

plant products and potential animal pests involved in

prohibited importations and deny inspection,

certification or clearance of the same; and

(6) Perform such other related duties as may be

provided by law.

SECTION 35. Non-Liability Clause . — (1) All charges for

storage, demurrage, cartage, labor and delays incident to

inspection, cost of disinfection or disinfestation and other

post-entry requirements shall be paid by the importer or

exporter as the case may be.

(2) The Regional Director and the authorized officials

of the Department shall not be held liable for damages to

the commodity in the course of the implementation of

the provisions of this Chapter.

SECTION 36. Duties of Importer and Exporter . — The

importers, exporters, or their authorized representatives

shall

submit

a

declaration

to the Regional Director

concerned

or

other

authorized

officials

of

the

Department,

at

or

before

the

time

of

entry

or

embarkation,

of

plants

and

plant

products

for

importation

or

exportation.

Such

declaration

shall

indicate the name and address of the consignor or

consignee, the purpose, nature and quantity of plants

and plant products, the country or locality where the

same

was

grown,

place

and

date

of

unloading

or

embarkation and the registered name of the carrier

carrying the consignment.

SECTION 37. Entrance and Clearance of Carrier . — (1)

The owner, operator, agent or master of carriers plying

international or domestic routes are hereby required to

serve notice of arrival and departure and to provide

inward

and

outward

cargo

manifests

and

other

declarations of said carriers to the Plant Quarantine

Officer at the post. Prior to departure, the agent or

master of said carrier must secure a clearance from the

Plant Quarantine Officer thereat.

(2) The Collector of Customs or his authorized agents

shall require the owner, agent or master of carrier to

submit a copy of the certificate of plant quarantine

clearance

as

a

pre-requisite to the issuance of the

customs clearance.

SECTION 38. Collection of Fees . — (1) The Regional

Director

concerned

shall,

with

the

approval

of

the

Secretary

of

Agriculture,

promulgate

rules

and

regulations governing the collection of regulatory fees for

inspection,

certification,

import

permits,

commodity

treatment and others, on commodities described in this

Chapter which shall constitute the revolving fund of the

national plant quarantine service.

(2) Importations and exportations of all government

departments or agencies and government-owned or

controlled corporations, and donations to and for the

account of any duly registered relief organization or any

charitable institution certified by the Department of

Social

Services

and

Welfare,

embassies

of

foreign

governments, and those that may be declared by the

President, upon the recommendation of the National

Economic and Development Authority in the interest of

economic development, are exempt from payment of the

fees herein prescribed excluding, however, the expense

incurred in commodity treatment.

SECTION 39. Overtime Services . — The services of

Plant

Quarantine

Officers,

fumigators

and

helpers

performed outside office hours and reimbursement of

meal,

transportation,

lodging

and

other

incidental

expenses shall be chargeable to the party or parties

served at the rates to be prescribed by the Secretary of

Agriculture

upon

recommendation

of

the

Regional

Director concerned.

SECTION 40. Cooperating Agencies . — The Secretary

of Agriculture may call upon the other government

agencies in the implementation of plant quarantine

regulations, and dissemination of information to the

general public.

SECTION 41. Special Quarantine Orders, Rules and

Regulations . — Special quarantine orders, rules and

regulations shall be promulgated by the Secretary of

Agriculture

upon

recommendation

of

the

Plant

Quarantine

Board

to

carry

out

and implement the

provisions of this Chapter.

SECTION

42.

Quasi-judicial

Authority .

—

(1)

The

Regional

Directors

and

the

other

officials

of

the

Department who may be authorized by the Secretary of

Agriculture, after proper hearing, are hereby empowered

to impose administrative fines for the violation of and

non-compliance

with

quarantine

orders,

rules

and

regulations promulgated in accordance with this Chapter.

(2) The decision of the Regional Director concerned

and

those

of

the

other

authorized

officials

of

the

Department under this section are appealable to the

Secretary of Agriculture whose decision shall be final.

SECTION 43. Plant Quarantine Board . — For the

purpose of carrying out the provisions of this Chapter,

there shall be a Plant Quarantine Board which shall be

composed

of

the

Undersecretary

of

Agriculture

for

Regional Operations as Chairman; the Director of Plant

Industry, as Vice-Chairman; and the following members:

the Commissioner of Customs, the General Manager of

the Philippine Ports Authority, the Director of Quarantine,

the Director of Animal Industry, the Postmaster General,

the Administrator of the Philippine Coconut Authority,

the

Director

of

Forest

Development

or

their

representatives,

the

Chief

of

the

Department

Legal

Service, the Chief of the Plant Quarantine Section and the

Chief of the Crop Protection Division of the Bureau of

Plant

Industry,

and

a representative each from the

National

Economic

and

Development

Authority,

the

Central Bank of the Philippines, and the Importers' and

Exporters' Confederation, as members.

SECTION 44. Duties of the Board . — The Plant

Quarantine Board shall act as the advisory body to assist

the Secretary in formulating orders, rules and regulations

for the effective implementation of the provisions of this

Chapter.

SECTION 45. Board Meeting . — The Board shall meet

once every quarter or may call special meetings when

necessary, provided that such special meetings shall not

be held more than four times annually.

SECTION 46. Quorum . — A majority of the members of

the Board shall constitute a quorum.

© Compiled by RGL

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