Prevention and Control of Pests and Diseases of Plants Act, 1965 Act 307 (Revised Edition)

ACT 307
Prevention and Control of Pests and Diseases ofPlants Act, 1965
ACT 307
PREVENTION AND CONTROL OF PESTS AND DISEASES OF
PLANTS ACT, 1965
ARRANGEMENT OF SECTIONS
Prevention and Treatment ofPests and Diseases of Plants
SECTION
1. Prohibition against dealing in diseased plants.
2. Restriction on removal of plants.
3. Remedial and preventive measures.
4. Power to make ordei restricting use of land.
5. Inspection of land.
6. Inspector to keep a register.
7. Duties of occupier after inspection.
8. Treatment by inspectors.
Plant Quarantine
9. Restriction on importing plants.
10. Powers of inspectors to examine luggage.
11. Forfeiture of prohibited imported plants,
12. Regulations relating to plants imported from foreign countries.
Miscellaneous
13. Punishment of offence.
14. Compensation.
15. Power to make regulations.
16. Interpretation.
17. Repeals and savings.
ACT 307
PREVENTION AND CONTROL OF PESTS AND DISEASES OF
PLANTS ACT, 1965'
AN ACT to consolidate with amendments the law relating to the prevention and
treatment of pests and diseases of plants and plant quarantine.
1. This Act was assented to on the 22nd October 1965.
VI-3451 (Issue 1]

prevention and
treatment of pests and diseases of plants and plant quarantine.
1. This Act was assented to on the 22nd October 1965.
VI-3451 (Issue 1]

ACT 307
Prevention and Control of Pests and Diseases ofPlants Act, 1965
Prevention and Treatment ofPests and Diseases ofPlants
1. Prohibition against dealing in diseased plants
A person shall not keep, sell or offer for sale or barter or in any other way distribute
or cause to be distributed a plant or an infected plant with a prescribed pest or disease. 2. Restriction on removal of plants
A person shall not remove from a plant infested or infected with a pest or disease pre
scribed under section 1, except
(a) for the investigation of the pest or disease by an inspector;
(b) for the purpose of destroying the plant; or
(c) for the purpose of preserving the produce of the plant in a sound, clean and
mature condition for subsequent manufacture for sale or for seed purposes. 3. Remedial and preventive measures
(1) Regulations may prescribe the treatment to be applied to a plant infested or in
fected with pests or diseases or the measures to be adopted for the extermination and pre
vention of pests and diseases of plants.

lant infested or in
fected with pests or diseases or the measures to be adopted for the extermination and pre
vention of pests and diseases of plants.

(2) Regulations prescribing the treatment and prevention of pests and diseases of
plants may
(a) prohibit or restrict the transport of a plant, soil or rotting medium to or
from a specified area;
(b) prescribe plants which may or may not be grown in a specified area;
(c) require the owner or occupier within a specified area to apply or adopt any
treatment or measures prescribed under this section. 4. Power to make order restricting use of land
The Minister may by an executive instrument declare an area infected with or in dan
ger of infection with pests or diseases of plants as an infected area and may order all or
any plants in that area to be removed, and prohibit the use of that area for a purpose con
nected with agriculture. 5. Inspection of land
(1) Regulations may designate persons to act as inspectors for the purpose of this
Act. (2) Subject to the provisions of this section, an inspector shall have power to enter at
a reasonable time a land, other than a dwelling house, for the purpose of ascertaining
[Issue 1] VI - 3452

, an inspector shall have power to enter at
a reasonable time a land, other than a dwelling house, for the purpose of ascertaining
[Issue 1] VI - 3452

ACT 307
Prevention and Control ofPests and Diseases ofPlants Act, 1965
whether there are on the land any pests or diseases of plants, or whether conditions or
circumstances exist which in the opinion of the inspector are conducive to or will con
tribute to the infection of plants with pests or diseases. (3) Before entering a land in exercise of powers conferred by this section, the inspec
tor shall inform the occupier, if present. (4) A person shall not obstruct a person in exercise of powers conferred by this sec
tion, or fail to comply with a direction or requirement made by the inspector in exercise
of those powers. 6. Inspector to keep a register
An inspector shall keep a register in which shall be entered the following items in re
spect of a land inspected by the inspector:
(a) the identity of the occupier;
(b) the name of the occupier;
(c) the pests and diseases found on the land;
(d) the treatment or measures directed to be applied;
(e) the date of inspection; and
(f) any other particulars as may be prescribed. 7.

on the land;
(d) the treatment or measures directed to be applied;
(e) the date of inspection; and
(f) any other particulars as may be prescribed. 7.

Duties of occupier after inspection
Where an inspector, after inspecting a land is satisfied that
(a) a plant on it
(i) shows signs of disease, or
(ii) is being attacked by any pest, or
(b) conditions or circumstances exist on the land which in the inspector’s opin
ion are conducive to, or will contribute to the spreading of pests and diseases,
the inspector may serve on the occupier of the land a notice in writing directing the occu
pier to apply, within a time specified in the notice, the treatment or measures that may be
prescribed. 8. Treatment by inspectors
(1) An inspector may
(a) where an occupier of a land has failed to comply with a direction given
under section 7 within the specified time, or
(b) where a pest or disease is found on a land permitted to go out of cultivation,
apply the treatment or adopt the measures that the inspector thinks necessary for the pur
pose of preventing, exterminating or restricting, any pests or diseases. VI - 3453 [Issue 1]

measures that the inspector thinks necessary for the pur
pose of preventing, exterminating or restricting, any pests or diseases. VI - 3453 [Issue 1]

ACT 307
Prevention and Control of Pests and Diseases of Plants Act, 1965
(2) The expenses incurred by an inspector as a result of any treatment or measures
undertaken in respect of a land under subsection (1) shall be paid by the occupier to the
officer as may be prescribed within thirty days after notification by the inspector of the
amount due and, if not so paid, the officer may sue for or authorise any person on the
inspector’s behalf to sue for and recover it. (3) In an action for the recovery of an amount due under subsection (2), a certificate
signed personally by the inspector indicating that the expenses have been incurred shall
be prima facie evidence of the same. Plant Quarantine
9. Restriction on importing plants
(1) A person shall not import any plants, plant products, plant disease or pest, soil,
manure, grass and other parking materials or any other material liable to harbour danger
ous diseases or pests of plants except under a permit issued in accordance with this sec
tion and Regulations made under it.

liable to harbour danger
ous diseases or pests of plants except under a permit issued in accordance with this sec
tion and Regulations made under it.

(2) Regulations may prescribe the conditions for the grant of a permit for the impor
tation of any of the items mentioned in subsection (1), and the places to which the items
may be imported otherwise by post. (3) Regulations prescribing the condition for the importation of the items may pro
vide for the examination of any of the items imported into the Republic, and may author
ise the destruction or treatment, as the case may require, if any of them is found to be
infested or infected with pests or diseases of plants. (4) Regulations made under this section may prohibit or restrict the importation of
any of the items mentioned in subsection (1). 10. Powers of inspectors to examine luggage
For the purpose of enforcing the provisions of section 9 and a provision of the Regu
lations, the Regulations may authorise an inspector appointed under section 5. (a) to examine a luggage or container imported which is about to be imported
into Ghana;
(b) enter a conveyance for the purpose of examining or inspecting any of the
items mentioned in subsection (1) of section 9 which is about to be im
ported into Ghana. 11.

ce for the purpose of examining or inspecting any of the
items mentioned in subsection (1) of section 9 which is about to be im
ported into Ghana. 11.

Forfeiture of prohibited imported plants
(1) Without prejudice to section 13, an inspector examining or inspecting a luggage
or conveyance under section 10 shall seize any of the items referred to in subsection (1)
of section 9 which is being imported in contravention of section 9 or a provision of the
Regulations and the item shall be forfeited. (2) Regulations may provide for the disposal of the items forfeited under this section. [Issue 1] VI - 3454

gulations and the item shall be forfeited. (2) Regulations may provide for the disposal of the items forfeited under this section. [Issue 1] VI - 3454

ACT 307
Prevention and Control of Pests and Diseases of Plants Act, 1965
12. Regulations relating to plants imported from foreign countries
Regulations made under this Act in relation to importation of plants may be limited in
its application to any of the items referred to in section 9 coming from particular coun
tries specified in the Regulations. Miscellaneous
13. Punishment of offence
A person who contravenes a direction, requirement, conditions or prohibition imposed
by or under this Act commits an offence and is liable on conviction to a fine not exceed
ing one hundred penalty units or to a term of imprisonment not exceeding three months. 14. Compensation
(1) Regulations may
(a) provide in exceptional cases for the payment to occupiers of land or to an
importer, a proportion of the cost of any treatment or measures prescribed;
(b) provide for the payment of compensation to an occupier of land or to an
importer who has sustained pecuniary loss by reason of the measures taken
under this Act. (2) A provision of this section does not entitle a person as of right to receive compen
sation in respect of measures taken under this Act. 15.

s Act. (2) A provision of this section does not entitle a person as of right to receive compen
sation in respect of measures taken under this Act. 15.

Power to make regulations
The Minister may, by legislative instrument, make Regulations
(a) providing for a matter which under this Act is to be provided for by
Regulations;
(b) prescribing the fees and charges to be paid in respect of an act or a thing
done under a provision of the Regulations; and
(c) generally for giving full effect to the provisions of this Act. 16. Interpretation
In this Act, unless the context otherwise requires,
“ container” includes any box, basket, pot, package, case or any other receptacle
or covering;
“conveyance” includes automobiles, lorries, animal drawn vehicles, aircraft, boats
and other means of transportation;
“covering” means covering of a plant or of a container;
“disease” includes a disease caused by fungus, bacteria, virus or any other organ
isms which may be injurious to agriculture or horticultural crops and the abnormal
conditions of cocoa trees known as “drought dieback” and “swollen shoot”;
“ inspector” means a person designated as such by section 5;
VI - 3455 (Issue 1]

itions of cocoa trees known as “drought dieback” and “swollen shoot”;
“ inspector” means a person designated as such by section 5;
VI - 3455 (Issue 1]

ACT 307
Prevention and Control of Pests and Diseases ofPlants Act, 1965
“Minister” means the Minister responsible for Agriculture;
“occupier of land” includes the owner, tenant or any person in charge of the land;
“pest” means an organism of an animal or vegetable nature which attacks a plant
or which may be injurious to agricultural or horticultural crops;
“plants and plant products” includes trees, shrubs, vines, cuttings, grafts, scions,
suckers, buds, fruit pits, and other seeds, roots, tubers, bulbs, rhizomes, shoots, leaves,
floweis and fruits; and products from these items whether in a natural, dried or manu
factured state;
“prescribed” means prescribed by Regulations made under section 15.
17. Repeals and savings
(1) The following enactments are hereby repealed:
(a) the Importation of Plants Regulation Ordinance (Cap. 159);
(b) the Plants Pests and Diseases Ordinance (Cap. 160).
(2) A statutory instrument made under any of the enactments repealed by this Act and
in force immediately before the commencement of this Act shall continue in force as if
made under the provisions of this Act.
[Issue 1] VI - 3456