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AGRICULTURE (CONTROL OF IMPORTATION) ACT
ARRANGEMENT OF SECTIONS
|3||Authorized officers||4||Minister’s Power to make regulations|
|5||Regulations to be laid before the National Assembly||6||Diseases and pests|
|7||Furnishing of information||8||Offences|
|9||Prosecution||10||Defense in civil and criminal proceedings|
|11||Power to sue for fees, etc||12||Transitional provisions|
An Act to make provisions for regulating the importation of articles for the purpose of
controlling plant diseases and pests.
COMMENCEMENT: 31st March, 1964J]
“Act” includes regulations made under this Act;
“Authorized officer” means a person designated as an authorized officer under section 3 of this Act;
“Imports” means to bring or cause to be brought into Nigeria; and “importation” shall be construed accordingly;
“Minister” means the Minister charged with responsibility for matters relating to agricultural research;
“Pest” means any insect or other animal injurious to agricultural or horticultural crops;
“Plant” means any plant or parts of a plant such as cuttings, suckers, bulbs, tubers, roots, haulms, and fruits; but does not include the manufactured or processed products of plants;
“Plant disease” means any disease caused by fungus, bacterium, virus, or any other organism injurious to agricultural or horticultural crops.
Minister may make regulations
(2) Regulations made under this section may provide that a contravention of any specified regulations shall be an offence and may provide penalties in respect thereof:
Provided that, the penalties provided in respect of any such offence shall not exceed a fine of N200 and imprisonment for a term of six months.
Regulations to be laid before the National Assembly
(2) Either House may, by resolution, approve, amend or revoke any regulations laid before the House in pursuance of this section, but any such amendment or revocation shall be without prejudice to anything lawfully done there under or to the making of further regulations.
Diseases and pests
Furnishing of information
(2) No person who obtains any information by virtue of this section shall, otherwise than in the execution of his duties or powers under this Act, disclose that information except with the permission of the Minister.
(2) Nothing in this section shall prevent the institution of proceedings for an offence against this Act by or in the name of the Attorney-General of the Federation in accordance with the provisions of the Constitution of the Federal Republic of Nigeria in any case in which he thinks it proper that proceedings should be so instituted.
Defense in civil and criminal proceedings
Power to sue for fees, etc.
11, Any expenses or fees due under this Act may be recovered by the Director of the Federal Department of Agricultural Research as a civil debt.
CHAPTER A13: AGRICULTURE (CONTROL OF IMPORTATION) ACT
PLANTS, ETC. (CONTROL OF IMPORTATION) REGULATIONS under section 4
COMMENCEMENT: 22nd January, 1970
(2) The persons holding office as authorized officers under any regulations hereby revoked shall, on the commencement of these Regulations, be deemed to have been duly appointed as authorized officers under these Regulations.
Control of import of plants etc.
found there it may be destroyed by any authorized officer or, if he thinks fit, he may treat the item or cause it to be exported to the country of origin;
(2) The plants, seeds or things to which subparagraph (1) of this regulation applies are-
Application for permit
Conditions of permit
(2) An authorized officer shall, when considering an application for a permit to import, have regard to the requirements specified in the First Schedule to these Regulations so far as they relate to the proposed importation.
(3) If he thinks fit, the director may in any case where importation is restricted, stipulate the technique of disinfestation or, as the case may be, of disinfection to be employed in treating plants, seeds, soil, containers or other items whatsoever in that category, as a condition precedent to importation.
(4) A permit for the purposes of this regulation shall be in the form set out in the Second Schedule to these Regulations.
Plants, etc., contaminated or imported illegally
(2) Notice of the action to be taken by the Service shall be given to the importer, not less in any event than seven days after the Service is aware of the importation and the time and action in respect thereof shall be carried out as soon as may be thereafter, so however that in the case of commercial consignments the action to be taken shall be performed at a time to be fixed by the Director.
(3) It shall be an offence where an importer when required by an authorized officer so to do fails to destroy or export any plants, seeds or soil imported in contravention of these Regulations; and any authorized officer may destroy or export them to the country of origin, and the expenses of so doing shall be recoverable as hereinafter provided.
Examination and sampling
(2) The failure to permit or allow entry or search under, or generally to comply with any of the requirements of this regulation, shall be an offence under these Regulations.
Penalties for offences
“Carrier” includes any mode of conveyance however operated or controlled, and any container in, on or attached to a carrier;
“Container” means anything capable of or designed for the holding of plants or plant material whether or not to be brought into Nigeria by individual means or by a carrier;
“Director” has the meaning assigned in regulation 1;
“Importer” means the person bringing into Nigeria anything to which these Regulations apply and includes the owner, consignor, consignee, agent or broker, in possession of, or in any way entitled to, the custody thereof;
“Noxious weeds” any plants or seeds or plant species, the importation of which is considered by the director to be undesirable or deleterious in the interest of the economy of Nigeria;
“Pest” includes any animal or insect injurious to or in the opinion of an authorized officer likely to be harmful to agricultural or horticultural or viticulture crops;
“Phytosanitary certificate” means a document issued by the recognized plant protection authority or organization of the country of origin certifying that the plants or plant products indicated therein have been thoroughly examined before dispatch and found to be substantially free from pests and disease;
“Plant” means any plant or parts of a plant other than any manufactured or processed product of plants;
“Plant disease” means any disease carried by fungus, bacterium, virus or other organism injurious to agricultural, horticultural or viticulture crops;
“Quarantine” means the culture under general conditions of isolation, immediately after introduction into Nigeria under and subject to the control of the director and in accordance generally with any recommendations of the Inter-African Phytosanitary Commission;
“Service” has the meaning assigned in regulation 3;
“Treatment” means fumigation or any other process involving the application of gas, chemical, moist or dry heat, low temperature, excision of infected parts or any other processing of plants, seeds or soil or other materials that is designed to eliminate or control any infestation or infection by a plant pest or disease.
(2) References in these Regulations to-
(a) “prohibit” and grammatical variations thereof means the refusal in accordance with Article 6 of the Inter-African Phytosanitary Convention to permit importation of plants or plant products, so however that importation may be undertaken by or on behalf of the Service itself as a matter of urgency for scientific purposes and thereupon or thereafter-
(i) notice of and reason for the decision to import is given by the director to the Scientific Secretary of the Inter-African Phytosanitary Commission; and
(ii) the maximum necessary precautionary measures (including phytosanitary certificate inspection, treatment and quarantine) are taken by the director;
(b) “Special certificate” or “additional declaration” means a certificate or declaration, as the case may be, endorsed or annexed to a phytosanitary certificate-
(i) as proof of freedom from disease when inspected during active growth; or
(ii) to ensure safeguard against disease or pests specially mentioned;
(b) “Vegetable material” means any living organ or a plant (other than the seed).