Plant Pests and Diseases Act

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REPUBLIC OF ZAMBIA
Withdrawal of levies
THE PLANT PESTS AND DISEASES ACT
CHAPTER 233 OF THE LAWS OF ZAMBIA
CHAPTER 233 THE PLANT PESTS AND DISEASES ACT
THE PLANT PESTS AND DISEASES ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. This Act binds the Republic
PART II ERADICATION AND PREVENTION OF THE SPREAD OF PESTSPART II
ERADICATION AND PREVENTION OF THE SPREAD OF PESTS
4. Regulatory powers to eradicate pests, etc.
5. Regulatory powers to inspect, disinfect and fumigate vehicles
6. Minister may make different regulations, etc.
7. Duty of owner to eradicate pests

5. Regulatory powers to inspect, disinfect and fumigate vehicles
6. Minister may make different regulations, etc.
7. Duty of owner to eradicate pests

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PART III CONTROL OF THE IMPORTATION OF GROWING MEDIA, INJURIOUS
ORGANISMS, INVERTEBRATES AND PLANTSPART III
CONTROL OF THE I MPORTATION OF G ROWING M EDIA,
I NJURIOUS O RGANISMS , I NVERTEBRATES AND PLANTS
8. Interpretation of term in Part III
9. Regulatory powers to control import of growing media, etc. 10. Powers of inspectors in relation to imported growing media, etc. 11. Seizure, detention and destruction of growing media, etc., unlawfully imported
PART IV SPECIAL PROVISIONS RELATING TO CURED TOBACCOPART IV
SPECIAL PROVISIONS RELATING TO CURED T OBACCO
12. Handling, storing and removal of cured tobacco
13. Licensing of premises
14. Section 12 (a) and section 13 to apply to premises of certain growers only
15. Orders prohibiting handling and storing in and removal to or from premises of
cured tobacco
16. Discovery of pests on premises
Section
17. Removal of cured tobacco from pest infested premises, etc., prohibited
18. Permits for removal of cured tobacco from pest infested premises, etc. 19. Costs of inspection
20.

o from pest infested premises, etc., prohibited
18. Permits for removal of cured tobacco from pest infested premises, etc. 19. Costs of inspection
20.

Destruction of cured tobacco handled or stored or removed in contravention of
Part IV
21. Regulatory powers in connection with pests
PART V GENERALPART V
G ENERAL

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22. Appointment of inspectors
23. Powers of inspectors
24. Sale of pest infested plants by nurserymen
25. Appeals against orders of destruction
26. Compensation
27. Limitation of actions against the State
28. Offences
29. General regulatory powers
30. Conditions contained in permits
31. Repeal
32. Saving
CHAPTER 233
THE PLANT PESTS AND DISEASES ACT Act No.
11 of 1958
13 of 1994
An Act to provide for the eradication and prevention of the spread of plant pests
and diseases in Zambia, for the prevention of the introduction into Zambia of
plant pests and diseases, and for matters incidental thereto.
[1st January, 1959]
Government Notices
90 of 1964
497 of 1964
Statutory Instruments
57 of 1965
176 of 1965
PART I PRELIMINARYPART I
PRELIMINARY
1. This Act may be cited as the Plant Pests and Diseases Act.
(As amended by G.N. No. 90 of 1964)
Short title

965
PART I PRELIMINARYPART I
PRELIMINARY
1. This Act may be cited as the Plant Pests and Diseases Act.
(As amended by G.N. No. 90 of 1964)
Short title

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2.

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2.

(1) In this Act, unless the context otherwise requires-
"alternate host" means a plant which is declared to be an alternate host of a pest in
terms of paragraph (b) of subsection (2);
"board" means a board appointed in terms of subsection (5) of section twenty-five;
"container" means a case, package, pot, sack or other article containing a growing
medium, injurious organism, invertebrate or plant and includes a covering,
wrapping or packing material used in the packing of a growing medium,
injurious organism, invertebrate or plant;
"cured tobacco" means tobacco which is not-
(a) cigars, cigarettes, pipe tobacco, plug or rolled tobacco, snuff or any like
product; or
(b) tobacco leaves, flowers or stalks in a green state; or
(c) living tobacco plants;
"disease" means a pathological condition of plants communicable or believed to be
communicable by the transfer of a causative agent or by the propagation of
an infected plant;
"grower", in relation to tobacco, means a person who by himself or his agents
grows tobacco;
"growing medium" means a medium, including soil, capable of being used for the
propagation or culture of plants;
"host plant" means a plant which is capable of being the host of a pest;
"infested area" means an area declared in terms of this Act to be an infested area;
"injurious organism" means any organism or like agent whatsoever, including a
virus, which is-
(a) inimical to the growth or existence of living plants; or
(b) injurious to plant products; or
(c) capable of producing a disease of plants;
in whatever stage of development it may be;
"inspector" means an inspector appointed in terms of section twenty-two;
"invertebrate" means a living invertebrate animal organism in whatever stage of
development it may be;
"nursery" means land or premises where nursery stock is grown or cultivated and
includes other land or premises adjacent thereto, held by the same owner,
where plants are grown;
"nursery man" means the owner or other person responsible for the management
of a nursery;
"nursery stock" means plants grown or cultivated for the purpose of trade, and with
the intention of their being sold or distributed for the purpose of their being
grown elsewhere than on the land or premises on which they stand, but
does not include vegetables, annuals, herbaceous plants or ferns;
"owner", in relation to land or premises, includes a joint owner, part owner, lessee
or occupier or the agent of an owner, joint owner, part owner, lessee or
occupier;
"Permanent Secretary" means the Permanent Secretary, Ministry of Agriculture;
"pest" means an injurious organism which is declared to be a pest in terms of
paragraph (a) of subsection (2);
"plant" means a member of the vegetable kingdom whether living or dead and
includes-
Interpretation

pest in terms of
paragraph (a) of subsection (2);
"plant" means a member of the vegetable kingdom whether living or dead and
includes-
Interpretation

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(2) For the purposes of this Act, the Minister may by regulation, statutory order or
statutory notice-
(a) declare an injurious organism to be a pest either generally or in respect of a
particular type of plant and either with a view to its complete eradication or
its control or the prevention of its spread or for some other purpose; and
(b) declare a plant to be an alternate host of a pest. (As amended by G.N. No. 90 of 1964 and S.I. No. 57 of 1965)
3. The provisions of this Act bind the Republic. (G.N. No. 90 of 1964 as amended by S.I. No. 57 of 1965)
This Act binds the
Republic
PART II ERADICATION AND PREVENTION OF THE SPREAD OF PESTSPART II
ERADICATION AND PREVENTION OF THE SPREAD OF PESTS
4. (1) The Minister may by regulation, statutory order or statutory notice provide for
the eradication of pests or the prevention or control of attacks by or the spread of pests. Regulatory powers to
eradicate pests, etc.

ice provide for
the eradication of pests or the prevention or control of attacks by or the spread of pests. Regulatory powers to
eradicate pests, etc.

(2) Without derogation from the generality of the provisions of subsection (1), the
Minister may in regulations, orders or notices made in terms of that subsection provide
for-
(a) the disinfection, treatment, destruction or disposal of-
(i) pests; or
(ii) plants infested or appearing to be infested with a pest; or
(iii) anything whatever whether similar in nature to a plant or not which,
in the opinion of the Minister, is liable to infest a plant with a pest;
(b) the prohibition, restriction and regulation of the removal or transport of
pests, plants or things referred to in paragraph (a);
(c) the control and destruction of host plants not under cultivation for the
current season's crop and of alternate hosts;
(d) the prohibition, restriction and regulation of the cultivation and harvesting of
plants if, in the opinion of the Minister, a pest cannot otherwise be readily or
adequately controlled or eradicated;

he cultivation and harvesting of
plants if, in the opinion of the Minister, a pest cannot otherwise be readily or
adequately controlled or eradicated;

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(e) the reporting of the occurrence of a pest and the collection and
transmission of specimens of a pest;
(f) the methods of planting, cleaning, cultivating and harvesting to be adopted
and the precautions and measures, including the destruction of plants, to
be taken by an owner of land for the purpose of preventing or controlling
attacks by or the spread of a pest;
(g) the destruction after harvest of a particular kind of plant by a specified date;
(h) the registration and inspection of nurseries and the imposition of
registration fees, the regulation of the sale or removal of plants from
nurseries and the prohibition of the sale or exposure for sale of nursery
stock not grown in registered nurseries;
(i) the disinfection, fumigation and treatment of land, warehouses, buildings
and structures suspected of being or having been used for the storage of
anything likely to infest a plant with a pest;
(j) the declaration of areas infested with a pest as infested areas and of areas
around infested areas as quarantine areas and the prohibition, restriction
and regulation of the removal of compost, growing media, manure, plants
and other things whatsoever to or from infested or quarantine areas;
(k) the payment and recovery of fees for a disinfection, fumigation or treatment
carried out by an inspector, or for services rendered by an inspector in
connection with a disinfection, fumigation or treatment, or for an inspection
carried out by an inspector at the request of an owner of land, warehouses,
buildings, structures, plants or other things;
(l) the power of an inspector if he reasonably suspects the presence of a pest
on land, or in premises, to declare the area in which the land or premises is
situate an infested area and by order to prohibit for a period not exceeding
fourteen days, the removal from the land or premises of compost, growing
media, manure, plants and other things whatsoever capable of spreading a
pest.

ourteen days, the removal from the land or premises of compost, growing
media, manure, plants and other things whatsoever capable of spreading a
pest.

5. The Minister may, by regulation, provide for-
(a) the inspection, disinfection or fumigation of vehicles which are suspected of
harbouring an injurious organism;
(b) the payment and recovery of fees for the inspection, disinfection or
fumigation of vehicles referred to in paragraph (a) or for services rendered
by an inspector in connection therewith. Regulatory powers to
inspect, disinfect and
fumigate vehicles

ed to in paragraph (a) or for services rendered
by an inspector in connection therewith. Regulatory powers to
inspect, disinfect and
fumigate vehicles

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6. In regulations, orders or notices made in terms of section four or five, the
Minister may make-
(a) different provision in respect of different growing media, injurious
organisms, pests, plants, vehicles, areas and types and classes of land,
warehouses, buildings and structures;
(b) provision exempting, subject to such conditions as he may specify, any
person or classes of persons from complying therewith. Minister may make
different regulations,
etc. 7. (1) An owner of land or premises shall take all measures prescribed and such
additional or such alternative measures as are reasonably necessary for the eradication,
reduction or prevention of the spread of a pest which an inspector may, subject to the
provisions of subsection (2), by notice in writing order him to take. Duty of owner to
eradicate pests
(2) An inspector shall not order the destruction of a living plant in terms of
subsection (1) unless authorised to do so by regulation, order or notice made in terms of
section four.

the destruction of a living plant in terms of
subsection (1) unless authorised to do so by regulation, order or notice made in terms of
section four.

(3) If an owner of land or premises fails to take all or any of the measures which he
is required to take in terms of subsection (1), an inspector may-
(a) on giving the owner not less than seven days' notice in writing of his
intention so to do, cause the measures to be taken; or
(b) if he is satisfied that the measures must be taken without delay, cause the
measures to be taken immediately without giving the notice referred to in
paragraph (a). (4) An owner of land or premises shall, without prejudice to any penalty incurred by
reason of his failure to take the measures which he is required to take in terms of
subsection (1), be liable to pay the costs of the measures which an inspector causes to be
taken in terms of subsection (3). (5) The Minister may by civil action in a competent court recover from an owner of
land or premises the costs of measures which an inspector causes to be taken in terms of
subsection (3). PART III CONTROL OF THE IMPORTATION OF GROWING MEDIA, INJURIOUS
ORGANISMS, INVERTEBRATES AND PLANTSPART III
CONTROL OF THE I MPORTATION OF G ROWING M EDIA,
I NJURIOUS O RGANISMS , I NVERTEBRATES AND PLANTS

NJURIOUS
ORGANISMS, INVERTEBRATES AND PLANTSPART III
CONTROL OF THE I MPORTATION OF G ROWING M EDIA,
I NJURIOUS O RGANISMS , I NVERTEBRATES AND PLANTS

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8. In this Part, "importation", in relation to growing media, injurious organisms,
invertebrates or plants, means the importation into or the transit through Zambia of
growing media, injurious organisms, invertebrates or plants, and cognate expressions
shall be construed accordingly. (As amended by G.N. No. 90 of 1964)
Interpretation of term
in Part III
9. (1) The Minister may by regulation, statutory order or statutory notice provide for
the prohibition, restriction and regulation of the importation of any-
Regulatory powers to
control import of
growing media, etc. (a) growing media; and
(b) injurious organisms and invertebrates; and
(c) plants and the growing media in which plants are growing or to which plants
are attached or which may be adhering to plants;
together with their containers.

and the growing media in which plants are growing or to which plants
are attached or which may be adhering to plants;
together with their containers.

(2) Without derogation from the generality of the provisions of subsection (1), the
Minister may in regulations, orders or notices made in terms of that subsection-
(a) authorise or require the detection and inspection on importation of growing
media and plants and their containers;
(b) direct or authorise the disinfection, fumigation or treatment of imported
growing media and plants and their containers;
(c) authorise the immediate destruction, without compensation, of imported
growing media and plants which on inspection appear to be infested with an
injurious organism and of any plants included in the same container, if the
injurious organism is of a specially dangerous character or in the opinion of
the inspector-
(i) disinfection is impracticable or will not be a complete safeguard; or
(ii) the delay caused by disinfection would give rise to the risk of the
introduction or spread of the injurious organism;
(d) authorise the immediate destruction, without compensation, of an imported
invertebrate if, in the opinion of an inspector, the invertebrate might be a
potential danger to agriculture;
(e) prohibit the importation of growing media, invertebrates and plants except
by specified ports or places of entry and routes and by specified methods of
transport;

importation of growing media, invertebrates and plants except
by specified ports or places of entry and routes and by specified methods of
transport;

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(f) direct or authorise the detention of imported growing media, invertebrates
and plants for observation and prescribe the precautions to be taken during
detention;
(g) provide for the imposition and recovery of fees for sorting, disinfecting,
fumigating or treating growing media and plants on importation;
(h) provide for the disposal of imported growing media and plants in respect of
which prescribed fees are not paid and of the proceeds, if any, resulting
from their disposal;
(i) provide for the issue of permits as a pre-requisite to the importation of
growing media, injurious organisms, invertebrates and plants;
(j) provide for the production of certificates signed by responsible persons or
authorities in the country or territory of origin relating generally or
specifically to-
(i) the freedom of imported growing media, invertebrates and plants or
the area in which they were produced or grown from injurious
organisms; and
(ii) the fumigation or other processes of disinfection or treatment of
imported growing media and plants before despatch;
(k) provide for the production of certificates of origin of imported growing
media, injurious organisms, invertebrates and plants and for the furnishing
by the importer of particulars relating to imported growing media, injurious
organisms, invertebrates and plants.

es and plants and for the furnishing
by the importer of particulars relating to imported growing media, injurious
organisms, invertebrates and plants.

(3) In regulations, orders or notices made in terms of subsection (1) the Minister
may make different provision in respect of different growing media, injurious organisms,
invertebrates and plants and in respect of different countries and territories from which
growing media, injurious organisms, invertebrates and plants are imported. 10. (1) An inspector may- Powers of inspectors
in relation to imported
growing media, etc. (a) at all reasonable times enter upon and inspect land, buildings, structures or
vehicles on or in which growing media, injurious organisms, invertebrates
and plants and their containers are kept or conveyed on importation; and
(b) inspect growing media, injurious organisms, invertebrates and plants
referred to in paragraph (a) and, for the purpose of detecting injurious
organisms, expose the roots of plants, remove bark or cut any plant or the
fruit or flowers or other part of a plant, or open any container or package or
wrapping reasonably suspected to contain growing media, invertebrates or
plants liable to harbour an injurious organism.

n any container or package or
wrapping reasonably suspected to contain growing media, invertebrates or
plants liable to harbour an injurious organism.

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(2) An importer of growing media, injurious organisms, invertebrates or plants and
his servants and agents shall afford an inspector access thereto and shall give such
information and provide such labour and facilities as the inspector may require for the
purposes of carrying out any inspection, sorting, disinfection, fumigation or treatment of
the growing media, injurious organisms, invertebrates or plants. 11.

of carrying out any inspection, sorting, disinfection, fumigation or treatment of
the growing media, injurious organisms, invertebrates or plants. 11.

(1) Subject to the provisions of subsection (2), an inspector may order the
seizure, detention and destruction without compensation of-
Seizure, detention and
destruction of growing
media, etc., unlawfully
imported
(a) a growing medium; or
(b) an injurious organism or invertebrate; or
(c) a plant and the growing medium in which a plant is growing or to which a
plant is attached or which is adhering to a plant;
together with its container, which-
(i) is not accompanied at the time of importation by such a certificate of origin
or other document as may be prescribed or is accompanied by a certificate
of origin or other document which is incorrect in a material particular;
(ii) is imported otherwise than in accordance with the conditions of a permit
issued in terms of this Act;
(iii) is imported in contravention of the provisions of this Act.

wise than in accordance with the conditions of a permit
issued in terms of this Act;
(iii) is imported in contravention of the provisions of this Act.

(2) If an importer or owner of a growing medium or plant referred to in subsection
(1), which has not been declared by an inspector to be infested with an injurious organism,
gives notice of his intention to appeal to a board in terms of subsection (1) of section
twenty-five against the order of destruction, the order shall not have effect unless and until
the period specified for lodging notice of appeal has elapsed, and no notice of appeal has
been lodged, or the appeal is dismissed, withdrawn or abandoned. PART IV SPECIAL PROVISIONS RELATING TO CURED TOBACCOPART IV
SPECIAL PROVISIONS RELATING T O CURED T OBACCO

ppeal is dismissed, withdrawn or abandoned. PART IV SPECIAL PROVISIONS RELATING TO CURED TOBACCOPART IV
SPECIAL PROVISIONS RELATING T O CURED T OBACCO

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12. Save as is provided in this Act, no person shall-
(a) handle or store cured tobacco in or remove cured tobacco to or from or take
delivery of cured tobacco removed from premises which are not licensed in
terms of subsection (1) of section thirteen; or
(b) handle or store cured tobacco in or remove cured tobacco to or from or take
delivery of cured tobacco removed from premises in respect of which an
order made in terms of subsection (1) of section fifteen has effect. Handling, storing and
removal of cured
tobacco
13. (1) Subject to the provisions of subsection (2), the Minister shall, on the
application in the manner prescribed by an owner of premises, issue to the owner a
licence authorising the handling or storing in and the removal to or from his premises of
cured tobacco. Licensing of premises
(2) The Minister shall not issue a licence in respect of premises referred to in
subsection (1) unless he is satisfied on the report of an inspector that the premises are
suitable for the handling and storing of cured tobacco and are free from pests. 14.

e is satisfied on the report of an inspector that the premises are
suitable for the handling and storing of cured tobacco and are free from pests. 14.

The provisions of paragraph (a) of section twelve and of section thirteen shall
not apply in relation to premises owned by a grower unless the premises are used not only
for handling or storing cured tobacco grown by the grower or his agents but also for
handling or storing cured tobacco grown by other persons. Section 12(a) and
section 13 to apply to
premises of certain
growers only
15. (1) If, in the opinion of the Minister, premises are or have become unsuitable for
the handling or storing of cured tobacco, the Minister may by order in writing prohibit the
handling and storing of cured tobacco in and the removal of cured tobacco to or from the
premises. Orders prohibiting
handling and storing in
and removal to or from
premises of cured
tobacco
(2) The Minister shall notify the owner of premises in respect of which he has made
an order in terms of subsection (1) of the repairs and alterations to the premises which the
owner shall make in order to render the premises suitable for the handling and storing of
cured tobacco.

irs and alterations to the premises which the
owner shall make in order to render the premises suitable for the handling and storing of
cured tobacco.

(3) An inspector may order-
(a) the removal of cured tobacco from premises in respect of which an order
made in terms of subsection (1) has effect to a place specified in the order;
or
(b) if circumstances so require, the removal of cured tobacco from premises
referred to in paragraph (a) and its delivery to a person specified in the
order;
to facilitate the making of the repairs and alterations to the premises which are referred to
in subsection (2).

y to a person specified in the
order;
to facilitate the making of the repairs and alterations to the premises which are referred to
in subsection (2).

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(4) The Minister shall, subject to the provisions of section nineteen, cancel an order
made in terms of subsection (1) when he is satisfied that the reason for making the order
no longer exists. 16. (1) If an inspector discovers premises or cured tobacco stored in premises to be
infested with a pest or confirms the existence of an infestation reported by an owner of
premises in terms of subsection (2), the owner of the premises shall, within fourteen days
of the date he is ordered to do so by the inspector, disinfect, fumigate or treat the
premises and their contents in the manner ordered by the inspector. Discovery of pests on
premises
(2) An owner of premises who knows or has reason to believe that his premises or
the cured tobacco stored therein are infested with a pest shall, within seven days, report
the infestation in writing to the Permanent Secretary. (As amended by S.I. No. 57 of 1965)
17.

e infested with a pest shall, within seven days, report
the infestation in writing to the Permanent Secretary. (As amended by S.I. No. 57 of 1965)
17.

(1) No person shall, unless he is authorised to do so by order made in terms of
subsection (2) or a permit issued in terms of section eighteen-
Removal of cured
tobacco from pest
infested premises,
etc., prohibited
(a) remove cured tobacco or take delivery of cured tobacco removed from
premises which are infested with a pest; or
(b) remove from premises cured tobacco which is infested with a pest or take
delivery of any such cured tobacco. (2) An inspector may order-
(a) the removal of cured tobacco from premises which are infested with a pest
or the removal from premises of cured tobacco which is infested with a pest
to a place specified in the order; or
(b) if circumstances so require, the removal of cured tobacco referred to in
paragraph (a) and its delivery to a person specified in the order;
to facilitate the disinfection, fumigation or treatment of the cured tobacco or the premises. 18. (1) The Minister may issue a permit authorising, subject to such conditions as
the Minister may specify in the permit-
Permits for removal of
cured tobacco from
pest infested
premises, etc. (a) the removal of cured tobacco from premises which are infested with a pest;
or

rmits for removal of
cured tobacco from
pest infested
premises, etc. (a) the removal of cured tobacco from premises which are infested with a pest;
or

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(b) the removal from premises of cured tobacco which is infested with a pest;
and, if circumstances so require, the delivery of such cured tobacco to a person named in
the permit, for such purposes as the Minister may approve. (2) The Minister may at any time cancel a permit issued in terms of subsection (1). 19. An owner of premises shall be liable to pay the costs of an inspection of his
premises made by an inspector in connection with-
(a) the cancellation of an order made in terms of subsection (1) of section
fifteen; or
(b) an application for a permit referred to in subsection (1) of section eighteen;
and the Minister may refuse to cancel an order made in terms of subsection (1) of section
fifteen or to issue a permit referred to in subsection (1) of section eighteen until the costs
of the inspection have been paid. Costs of inspection
20.

fteen or to issue a permit referred to in subsection (1) of section eighteen until the costs
of the inspection have been paid. Costs of inspection
20.

An inspector may seize and detain and the Minister may order the destruction
without compensation of cured tobacco which is handled or stored in or removed to or
from premises otherwise than in accordance with the provisions of this Part or an order
made thereunder or the conditions of a permit referred to in subsection (1) of section
eighteen. Destruction of cured
tobacco handled or
stored or removed in
contravention of Part
IV
21. (1) Without derogation from the generality of the provisions of section four, the
Minister may by regulation-
Regulatory powers in
connection with pests
(a) provide for the compulsory disinfection, fumigation or treatment by such
methods as he may specify of premises and of cured tobacco handled or
stored therein;
(b) prohibit the keeping in or authorise the removal from premises of-
(i) products other than cured tobacco which are liable to be infested
with a pest; or
(ii) anything, including products referred to in subparagraph (i), which
renders the proper inspection of the premises impracticable;
(c) prescribe measures to be taken for the purpose of protecting or facilitating
the protection of cured tobacco from infestation with a pest.

icable;
(c) prescribe measures to be taken for the purpose of protecting or facilitating
the protection of cured tobacco from infestation with a pest.

(2) In regulations made in terms of subsection (1) the Minister may make different
provision in respect of different premises and pests and different classes and types of
cured tobacco.

subsection (1) the Minister may make different
provision in respect of different premises and pests and different classes and types of
cured tobacco.

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PART V GENERALPART V
G ENERAL
22. The Minister may appoint persons as inspectors for the purposes of this Act. (G.N. No. 90 of 1964)
Appointment of
inspectors
23.

ALPART V
G ENERAL
22. The Minister may appoint persons as inspectors for the purposes of this Act. (G.N. No. 90 of 1964)
Appointment of
inspectors
23.

(1) An inspector may- Powers of inspectors
(a) at all reasonable times enter upon and inspect lands, buildings, or
structures on or in which growing media or plants may be found; and
(b) inspect growing media and plants and, for the purpose of detecting pests,
expose the roots of plants, remove bark or cut any plant or the fruit or
flowers or other part of a plant, or open any container or package or
wrapping reasonably suspected to contain growing media or plants liable to
harbour a pest; and
(c) order the application of measures which are reasonably necessary or
prescribed for the eradication or prevention of the spread of a pest; and
(d) order the destruction at any time of alternative hosts and any plant which is
growing on land contrary to the provisions of this Act; and
(e) give instructions for the adoption of measures prescribed for the purpose of
protecting cured tobacco from infestation with a pest of tobacco or of
facilitating such protection; and
(f) declare a nursery infested with a pest or such portion thereof as he deems
sufficient to be an infested area until such time as the nursery or portion
thereof is free from the pest.

a pest or such portion thereof as he deems
sufficient to be an infested area until such time as the nursery or portion
thereof is free from the pest.

(2) An owner of any land, building or structure or of a growing medium or plant and
his servants and agents shall afford an inspector access thereto and shall give such
information and provide such labour and facilities as the inspector may require for the
purposes of carrying out an inspection. (As amended by G.N. No. 90 of 1964)
24. If, within three days of the delivery to him of plants sold by a nurseryman, the
purchaser of the plants finds the plants to be infested with a pest, he may return the plants
to and at the expense of the nurseryman and shall thereupon be freed from liability to pay
for the plants or, if he has paid for the plants, he may recover the purchase price. Sale of pest infested
plants by nurserymen

from liability to pay
for the plants or, if he has paid for the plants, he may recover the purchase price. Sale of pest infested
plants by nurserymen

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25. (1) Subject to the provisions of subsection (2), the importer or owner of a
growing medium or plant the destruction of which has been ordered in terms of this Act
may, within seven days of the date of the order, lodge with the Minister a notice of his
intention to appeal against the order. Appeals against
orders of destruction
(2) There shall be no right of appeal against-
(a) an order for the destruction of a growing medium or plant declared by an
inspector to be infested with an injurious organism or pest; or
(b) an order of destruction made in terms of paragraph (d) of subsection (1) of
section twenty-three. (3) A notice of intention to appeal lodged in terms of subsection (1) shall be in
writing and shall specify in detail the grounds upon which it is given. (4) The Minister shall transmit to a board a notice lodged with him in terms of
subsection (1).

specify in detail the grounds upon which it is given. (4) The Minister shall transmit to a board a notice lodged with him in terms of
subsection (1).

(5) For the purpose of hearing and determining an appeal against an order of
destruction the Minister shall, subject to the provisions of subsection (6), appoint a board
consisting of three members of whom-
(a) one member, who shall be the chairman, shall be a legal practitioner or
magistrate; and
(b) not less than two members shall be persons who are not public officers. (6) The Minister shall not appoint a board unless and until the appellant deposits
with the Minister such sum as the Minister considers will be sufficient to pay the costs,
including the remuneration and allowances payable to the members of the board, likely to
be incurred by the Government in connection with the appeal. (7) The powers, rights and privileges of a board shall be the same as those
conferred upon commissioners by the Inquiries Act, and the provisions of that Act shall,
mutatis mutandis, apply in relation to the hearing and determination of an appeal by a
board in terms of this section and to a person summoned to give evidence or giving
evidence before a board. Cap. 42
(8) The decision of a board shall be final.

terms of this section and to a person summoned to give evidence or giving
evidence before a board. Cap. 42
(8) The decision of a board shall be final.

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(9) On the determination of an appeal the Minister shall refund to the appellant the
sum deposited by the appellant in terms of subsection (6) less the amount of the costs, if
any, payable by the appellant in terms of subsection (10). (10) If an appeal is dismissed, a board may order the appellant to pay to the
Government the costs incurred by the Government in connection with the appeal. (11) Members of a board who are not public officers shall be paid out of moneys
appropriated for the purpose by Parliament such remuneration as the Minister may
prescribe. (12) All members of a board shall be paid out of moneys appropriated for the
purpose by Parliament such allowances to meet the reasonable expenses incurred by
them in connection with an appeal as the Minister may prescribe. (As amended by G.N. No. 90 of 1964)
26. (1) Subject to the provisions of this Act, the Minister may, out of moneys
appropriated for the purpose by Parliament, pay compensation to the owner of a growing
medium or plant destroyed under the powers conferred by this Act.

propriated for the purpose by Parliament, pay compensation to the owner of a growing
medium or plant destroyed under the powers conferred by this Act.

Compensation
(2) Compensation payable in terms of subsection (1) shall, if the owner of the
growing medium or plant so requires, be assessed by two persons of whom one shall be
appointed by the Minister and the other by the owner. (3) If the persons appointed as assessors in terms of subsection (2) fail to agree as
to the amount of compensation to be paid to the owner of a growing medium or plant
referred to in subsection (1), they shall choose an umpire whose decision shall be final. (As amended by G.N. No. 90 of 1964)
27. No claim shall lie against the State or the Minister or an inspector, servant or
agent of the State for anything done in good faith and without negligence under the
powers conferred by this Act. (As amended by G.N. No. 90 of 1964 and S.I. Nos. 57
and 176 of 1965)
Limitations of actions
against the State
28. (1) A person who- Offences
(a) wilfully obstructs, impedes or hinders an inspector in the carrying out of his
duties under this Act; or

the State
28. (1) A person who- Offences
(a) wilfully obstructs, impedes or hinders an inspector in the carrying out of his
duties under this Act; or

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(b) contravenes or fails to comply with a provision of this Act or the regulations,
orders or notices made or issued in terms of this Act, or an order or
direction made or given under the provisions of this Act or of regulations,
orders or notices made in terms of this Act with which it is his duty to
comply; or
(c) without reasonable cause contravenes or fails to comply with the condition
or a permit or a licence issued in terms of this Act or of regulations, orders
or notices made in terms of this Act; or
(d) maliciously introduces a pest on to land; or
(e) on being required to do so fails or refuses to produce to an inspector, police
officer or other authorised person a permit, certificate or licence; or
(f) fails or refuses without reasonable cause to give information to an inspector
or a police office when required to do so in terms of this Act or gives false
or incomplete information; or
(g) for the purpose of obtaining whether for himself or any other person the
issue of a permit, certificate or licence, makes a declaration or statement
which he knows to be false in any particular or does not know or believe to
be true or knowingly makes use of a declaration, statement or document
containing the same;
shall be guilty of an offence and liable-
(i) for a contravention of paragraph (d), to a fine not exceeding twelve
thousand penalty units or, in default of payment, to imprisonment for a
period not exceeding four years, or to such imprisonment without the option
of a fine, or to both;
(ii) for any other offence, to a fine not exceeding three thousand penalty units
or, in default of payment, to imprisonment for a period not exceeding six
months, or to such imprisonment without the option of a fine, or to both.

ts
or, in default of payment, to imprisonment for a period not exceeding six
months, or to such imprisonment without the option of a fine, or to both.

(2) An inspector may seize and detain and the Minister may order the destruction
without compensation of a growing medium, plant or other thing whatsoever which is
removed from an infested or quarantine area in contravention of the provisions of this Act
or an order made in terms of this Act. (3) The confiscation or destruction of a growing medium, plant or other thing in
terms of subsection (2) shall not free the person responsible for its illegal removal from
liability to prosecution. (As amended by G.N. No. 90 of 1964 and Act No. 13 of 1994)

hall not free the person responsible for its illegal removal from
liability to prosecution. (As amended by G.N. No. 90 of 1964 and Act No. 13 of 1994)

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29. (1) The Minister may by regulation, statutory order or statutory notice prescribe
all matters which by this Act are required or permitted to be prescribed, or which are
necessary or convenient to be prescribed for carrying out or giving effect to the provisions
of this Act.

or permitted to be prescribed, or which are
necessary or convenient to be prescribed for carrying out or giving effect to the provisions
of this Act.

General regulatory
powers
(2) Without derogation from the generality of the provisions of subsection (1), the
Minister may in regulations, orders or notices made or issued in terms of that subsection
provide for-
(a) the form and manner in which applications for registration, permits,
certificates and licences are to be made and the information to be supplied
in connection therewith;
(b) the form of permits, certificates and licences, the conditions to be contained
in permits, certificates and licences and the periods for which permits and
licences shall remain in force;
(c) the persons by whom, the circumstances in which and the conditions
subject to which permits, certificates and licences shall be issued;
(d) the circumstances in which and the conditions, including the payment of a
fee, subject to which copies of permits, certificates and licences may be
obtained;
(e) the cancellation, suspension and amendment of permits, certificates and
licences and the surrender or delivery of permits, certificates and licences
for those purposes. 30.

ension and amendment of permits, certificates and
licences and the surrender or delivery of permits, certificates and licences
for those purposes. 30.

In issuing a permit in terms of this Act, an issuer of permits may impose
conditions which are not prescribed and in so doing may exclude or vary, as
circumstances require, any prescribed condition. Conditions contained
in permits
31. Has had its effect. 32. (1) Notwithstanding the repeal of the Plant Pests and Diseases Act, Chapter
100 of the 1957 Edition of the Laws, (hereinafter in this section referred to as "such
legislation") a permit, special permit, licence, certificate or authority issued, application,
approval or exemption made or given, examination, inspection, treatment or test taken or
made, or other thing done under the provisions of such legislation which, immediately
before the commencement of this Act was subsisting or was of force or effect or capable
of acquiring force or effect, shall, subject to the terms and conditions on which it was
issued or, as the case may be, the provisions of such legislation, continue to subsist or to
be of force or effect, or as the case may be, acquire force or effect and shall be treated for
the purposes of this Act as having been issued, made, given, taken or done under the
corresponding provisions of this Act. Saving

shall be treated for
the purposes of this Act as having been issued, made, given, taken or done under the
corresponding provisions of this Act. Saving

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(2) Any permit, special permit, licence, certificate or authority issued, order,
application, approval or exemption made or given, examination, inspection, treatment or
test taken or made or other thing done or commenced under this Act which immediately
before the 31st January, 1964, was subsisting or was of, or was capable of acquiring,
force or effect, shall continue to have or acquire force or effect, as the case may be, and
shall on and after that date, be deemed to have been issued, made, given, taken or done
under this Act as modified and adapted by Government Notice No. 90 of 1964.
(As amended by G.N. No. 90 of 1964)
SUBSIDIARY LEGISLATION
PLANT PESTS AND DISEASES
SECTION 2 (2)-THE PLANT PESTS AND DISEASES
(PESTS AND ALTERNATE HOSTS ) O RDER
Order by the Minister
Federal Government
Notices
325 of 1958
87 of 1962
198 of 1963
1. This Order may be cited as the Plant Pests and Diseases (Pests and Alternate
Hosts) Order.
Title

ernment
Notices
325 of 1958
87 of 1962
198 of 1963
1. This Order may be cited as the Plant Pests and Diseases (Pests and Alternate
Hosts) Order.
Title

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2. The following injurious organisms are declared to be pests with a view to their control and the
prevention of their spread:
Anthraenose of tobacco Colletotrichum tabacum Bšning
Bacterial blight of grapes Erwinia vitivora (Baccarini) Du
Plessis
Bacterial blight of peas Pseudomonas syringae pr pisi
Bacterial canker of tomato Corynebacterium michiganense (E.F.S.) Jensen sub sp. michinganensis
Bacterial ring-rot of potato Corynebacterium michinganensis sp. sepedonicum (Spieck &
Kotth.) Slaptason & Burkholder
Bacterial streak of sugar cane Xanthomonas albilineans (Ashby) Downson
Blister blight of tea Exobasidium vexans Massee
Blue mould of tobacco Peronospora hyoscyamia Adam
Cercospora leaf spot of banana Mycosphaerella figiansis Leach
Cereal foot rots Helminthosporium spp. Chestnut canker Cryphonectria parasitica (Murr.) Anderson & Anderson
Chlorotic streak virus of sugar cane
Citrus black fly Aleurocanthus woglumi Ashby
Citrus black spot Guignardia citricarpa Kiely
Citrus canker Xanthomonas campestris pr citri (Hasse) Dowson
Crown gall Agrobacterium tumefaciens (Smith & Townsend) Conn.

Guignardia citricarpa Kiely
Citrus canker Xanthomonas campestris pr citri (Hasse) Dowson
Crown gall Agrobacterium tumefaciens (Smith & Townsend) Conn.

Crown wart of lucerne Urophlyctics alfalfae (Lagerh.) Magnus
Dodder Cusucuta spp. Dutch elm disease Ceratocystis ulmi (Buism.) C. Moreau
Ergot of rye Claviceps purpurea Fr. (Tul.)
Fiji disease virus of sugar cane Sugar cane fiji disease-fiji virus 2. Smith
Fireblight Erwinia amylovora (Burrill) Winslow
et al. Internal cork virus disease of sweet potato
Lucerne wilt Clavibacter muchiga nensis sp. insidirsum (McCulloch)
Jensen
Onion smut Urocystis cepulae Frost
Banana panama disease Fusarium oxysporum f. cubense (E.F.S.) Synder & Hansen
Pierce's disease of the grape Xylella fastidiosa virus 3. Smith (lucerne dwarf virus)
Rose mosaic virus Rosa virus 1. Smith
Rose streak virus Rosa virus 4. Smith
Rose wilt Rose wilt disease 3. Smith
Stewart's disease of maize Erwinia stewartii (E.F.S.) Dowson
Strawberry red core Phytophthora vas fragariae Hickman
Tomato spotted wilt virus (kromnek) Lycopersicum virus 3. Smith
Wart disease of potato Synchytrium endobioticum (Schilb.) Percival
Potato root eelworm (golden nematode) Globodera rostochiensis Wollenw. Root knot eelworm Meloidogyne spp. Stem and bulb eelworm Ditylenchus dipsaci (K hn)
American bollworm Helico verpa armigera HŸbn.

stochiensis Wollenw. Root knot eelworm Meloidogyne spp. Stem and bulb eelworm Ditylenchus dipsaci (K hn)
American bollworm Helico verpa armigera HŸbn.

Apple codling moth Cydia pomonella (L.)
Declara
of pest

Apple codling moth Cydia pomonella (L.)
Declara
of pest

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3. The following injurious organisms are declared to be pests in respect of living tobacco with a view
to their control and the prevention of their spread:
Tobacco leaf curl Tobacco strear ilar virus
Tobacco rosette
Tobacco white fly Bemisia tabaci Gennadius
Declara
of pest
living
tobacco
4. The following injurious organisms are declared to be pests in respect of cured tobacco with a view
to their control and the prevention of their spread:
Cigarette beetle Lasioderma serricorne (F.)
Tobacco moth Ephestia elutella Walk. Declara
of pest
cured
tobacco
5. The following injurious organisms are declared to be pests in respect of cotton with a view to their
control and the prevention of their spread:
Cotton jassid Jacobiasea lybica (de Besgerin)
Cotton stainers Dysdercus facilioctus
Red bollworm Diparopsis castanea Hmps. Declara
of pest
cotton
6. The following injurious organisms are declared to be pests of nursery stock with a view to their
control and the prevention of their spread:
Circular purple scale Chrysomphalus ficus Ashm.

declared to be pests of nursery stock with a view to their
control and the prevention of their spread:
Circular purple scale Chrysomphalus ficus Ashm.

Egyptian black scale Chrysomphalus aonidum (L.)
False circular purple scale Chrysomphalus pinnulifera diversicolor Green
False red scale (Spanish red scale) Chrysomphalus dictyospermi Morg. Large red scale Selenaspidus silvaticus Lind. Long scale Lepidosaphes gloverii (Pack.) Kirk. Oleander scale Aspidiotus hederae (Nal.) Sign. Purple scale (mussel scale) Lepidosaphes beckii (Pack.) Kirk. Ross's black scale Chrysomphalus rossi Mask. White peach scale Aulacaspis pentagona (Targ.)
Woolly aphis (American blight) Erisoma pemphigidae (Hsm.)
Declara
of pest
nursery
stock
7. The following injurious organisms are declared to be pests of coffee with a view to their control and
the prevention of their spread:
Coffee berry borer Hypothenemus hampi Ferr. Coffee bug Antestiopsis orbitalis Stal
Kenya mealy bug Planococcus kenyae le Pelley
Declara
of pest
coffee

Coffee berry borer Hypothenemus hampi Ferr. Coffee bug Antestiopsis orbitalis Stal
Kenya mealy bug Planococcus kenyae le Pelley
Declara
of pest
coffee

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8. The following injurious organisms are declared to be pests of unmanufactured plant products with a
view to their control and the prevention of their spread:
Firebrat Thermobia domestica (Packard)
Silverfish Lepisma saccharina L. American cockroach Periplaneta americana (L.)
Common cockroach Blatta orientalis L. German cockroach Blatella germanica (L.)
Angoumois grain moth Sitotroga cerealella (01.)
Brown house moth Hofmannophila pseudospretella (Stnt.)
Carpet moth Trichophaga tapetzella (L.)
Case-making clothes moth Tinea pellionella (L.) Tinea columbariella Wocke
Clothes moth Tineola bisselliella (Humm.)
Corn moth Tinea granella (L.)
Dried-current moth Cadra cautella (Wlk.)
Indian meal moth Plodia interpunctella (Hb.)
Lesser wax moth Achroia grisella (F.)
Mediterranean flour moth Anagasta kuehniella (Zell.)
Raisin moth Cadra figulilella (Gregson)
Rice moth Corcyra cephalonica (Stnt.)
Tapestry moth Trichophaga tapetzella (L.)
Wax moth Galleria mellonella (L.)
African spider beetle Stethomezium squamosum Hinton Mesium affine Boield.

Tapestry moth Trichophaga tapetzella (L.)
Wax moth Galleria mellonella (L.)
African spider beetle Stethomezium squamosum Hinton Mesium affine Boield.

American seed beetle Acanthoscelides obtectus (Say)
Australian carpet beetle Anthrenocerus australis (Hope)
Australian spider beetle Ptinus tectus Boield.Ptinus sexpunctatus Panz. Bacon beetle Dermestes lardarius (L.)
Biscuit beetle Stegobium paniceum (L.) Dorcatoma bibliophagum Magalh. Black carpet beetle Attagenus megatoma (F.)
Black fungus beetle Alphitobius laevigatus (F.)
Broad-horned flour beetle Gnathocerus cornutus (F.) Gnathocerus maxillosus (F.)
Cadelle Tenebroides mauritanicus (L.)
Confused flour beetle Tribolium confusum Duv. Copra beetle Necrobia rufipes (Deg.)
Corn sap beetle Carpophilus dimidiatus (F.) Carpophilus ligneus Murray
Cowpea beetle Callosobruchus chinensis (L.) Callosobruchus analis (F.)
Dark flour beetle Tribolium destrutor Uytt. Dark mealworm Tenebrio obscurus (F.)
Depressed flour beetle Palorus subdepressus (Woll.)
Dried fruit beetle Carpophilus hemipterus (L.)
Flat grain beetle Cryptolestes pusillus (01.)
Foreign grain beetle Ahasverus advena (Waltl.)
Fur beetle Attagenus pellio (L.)
Furniture carpet beetle Anthrenus vorax Waterh. Globular spider beetle Trigonogenius globulus Sol. Declara
of pest
unman
plant
produc

enus pellio (L.)
Furniture carpet beetle Anthrenus vorax Waterh. Globular spider beetle Trigonogenius globulus Sol. Declara
of pest
unman
plant
produc

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9. The plants specified in the first column of the Schedule are declared to be
alternate hosts of the pests specified opposite thereto in the second column of the
Schedule.
(F.G.N. No. 87 of 1962)
Declaration of
alternate hosts

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SCHEDULE
(Paragraph 9)
ALTERNATE HOSTS
Plants Pests
Abelmoschus esculentus
(L.) Moench Pink bollworm
Dahlia spp. Kromnek
(lycopersicum virus 3. Smith)
Hibiscus dongolensis Del. Pink bollworm
(F.G.N. No. 87 of 1962)

esculentus
(L.) Moench Pink bollworm
Dahlia spp. Kromnek
(lycopersicum virus 3. Smith)
Hibiscus dongolensis Del. Pink bollworm
(F.G.N. No. 87 of 1962)

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SECTION 4-THE PLANT PESTS AND DISEASES (PEST CONTROL )
REGULATIONS
Regulations by the Minister
Federal Government
Notice
331 of 1958
Government Notice
90 of 1964
1. These Regulations may be cited as the Plant Pests and Diseases (Pest Control)
Regulations. Title
2. In these Regulations- Interpretation
"scheduled pest" means a pest listed in the Schedule. 3. (1) An inspector may destroy or order by notice in writing the destruction of any
plant, or such portion thereof as he considers necessary, which is infested or appears to
be infested with a scheduled pest. Destruction of infested
plants
(2) In ordering the destruction of a plant or any portion thereof in terms of
sub-regulation (1), the inspector may specify the manner in which the plant or portion
thereof is to be destroyed. 4.

any portion thereof in terms of
sub-regulation (1), the inspector may specify the manner in which the plant or portion
thereof is to be destroyed. 4.

(1) The Minister may, by order- Declaration by Minister
of infested or
quarantine areas
(a) declare an area infested with a scheduled pest as an infested area and any
area around such infested area as a quarantine area;
(b) prohibit, restrict or regulate the removal of any compost, growing media,
manure, plants and other things whatsoever to or from an infested or
quarantine area. (2) The Minister may exempt, subject to such conditions as he may specify, any
person from complying with any order made in terms of paragraph (b) of sub-regulation
(1). 5. An inspector may, if he reasonably suspects the presence of a scheduled pest
on land or in premises-
(a) declare the area in which the land or premises is situate an infested area;
(b) by order, prohibit for a period not exceeding fourteen days, the removal
from the land or premises of compost, growing media, manure, plants and
other things whatsoever capable of spreading the pest. Declaration by
inspector of infested
areas

emises of compost, growing media, manure, plants and
other things whatsoever capable of spreading the pest. Declaration by
inspector of infested
areas

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6. An inspector may by notice in writing order the owner of any land within an
infested or quarantine area to destroy any plant on such land for the purpose of controlling
attacks by or the spread of a scheduled pest.
Destruction of plants in
infested or quarantine
areas
7. An owner of land who knows or has reason to believe that a scheduled pest is
present on his land shall immediately report the occurrence in writing to an inspector.
Duty to furnish
information

o believe that a scheduled pest is
present on his land shall immediately report the occurrence in writing to an inspector.
Duty to furnish
information

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SCHEDULE
(Regulation 2)
SCHEDULED PESTS
Bacterial blight of grapevine Xylophilus ampelinus (Baccarini) Du Plessis
Bacterial canker of tomato Claribacter michinganensis supob michinganensis (E.F.S.) Jensen
Bacterial ring-rot of potato Claribacter michinganensis ssp. sepedonicus (Spieck & Kotth.)
Skaptason & Burkholder
Bacterial streak of sugar cane Xanthomonas albilineans (Ashby) Dowson
Blister blight of tea Exobasidium vexans Massee
Blue mould of tobacco Peronospora hyoscyami Adam
Chestnut canker Cryphonectria parasitica (Murr.) Anderson & Anderson
Chlorotic streak virus of sugar cane
Citrus black spot Guignardia citricarpa Kiely
Citrus canker Xanthomonasi campestris pr citri (Hasse) Dowson
Crown wart of lucerne Physoderma alfalfae (Lagerh.) Magnus
Dutch elm disease Ceratocystis ulmi (Buism.) C. Moreau
Fiji disease virus of sugar cane Sugar cane fiji disease-fiji virus 2. Smith
Fireblight Erwinia amylovora (Burrill) Winslow et al. Internal cork virus disease of sweet
potato
Lucerne wilt Claribacter michinganensis sp.

2. Smith
Fireblight Erwinia amylovora (Burrill) Winslow et al. Internal cork virus disease of sweet
potato
Lucerne wilt Claribacter michinganensis sp.

insidiosus (McCulloch) Jensen
Onion smut Urocystis cepulae Frost
Pierce's disease of the grape (lucerne Medicago virus 3. Smith
dwarf virus)
Stewart's disease of maize Erwinia stewartii var fragariae (E.F.S.) Dowson
Strawberry red core Phytophthora fragariae Hickman
Tomato spotted wilt virus (kromnek) Lycopersicum virus 3. Smith
Wart disease of potato Synchytrium endobioticum (Schilb.) Percival
Potato root eelworm (golden nematode) Heterodera rostochiensis Wollenw. Stem and bulb eelworm Ditylenchus dipsaci (K uhn)
Cereal midges Contarinia spp. and Sitodiplosis spp. Cherry fruit-fly Rhagoletis cerasi (L.)
Chrysanthemum midge Diarthronomyia chrysanthemi Ahlb. Coffee berry borer Hypothenemus hampei Ferr. Colorado beetle Leptinotarsa decemlineata (Say)
Japanese beetle Popillia japonica Newm. Oriental fruit-fly Bactrocera dorsalis Hend. Oriental fruit-moth Cydia molesta Busck. Pink bollworm Pectinophora gossypiella (Saund.)
San José scale Quadraspidiotus perniciosus (Comst.)

lis Hend. Oriental fruit-moth Cydia molesta Busck. Pink bollworm Pectinophora gossypiella (Saund.)
San José scale Quadraspidiotus perniciosus (Comst.)

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SECTION 29-THE PLANT PESTS AND DISEASES (COFFEE ) REGULATIONS Federal Government
Notice
330 of 1958
Government Notice
90 of 1964
Regulations of the Minister
1. These Regulations may be cited as the Plant Pests and Diseases (Coffee)
Regulations. Title
2. In these Regulations, unless the context otherwise requires- Interpretation
"borer" means the coffee berry borer (Stephanoderes hampei Ferr.);
"coffee" means any species of the genus Coffea;
"plantation" includes any land on which a coffee plant is growing, whether the land
is used solely as a coffee plantation or not;
"sell" includes to offer or expose for sale. 3. No person shall-
(a) sell or cause or permit to be sold;
(b) remove or cause or permit the removal of from his premises; or
(c) transport or cause or permit the transportation of;
any coffee plant infested or appearing to be infested with borer, unless he has written
permission from an inspector to do so. Sale or removal of
infested plants
4.

nt infested or appearing to be infested with borer, unless he has written
permission from an inspector to do so. Sale or removal of
infested plants
4.

The owner of a plantation who knows or has reason to believe that any coffee
plant on his land is infested with a pest of coffee shall immediately report the infestation in
writing to an inspector. Reporting of
infestation
5. An inspector may by notice in writing order the owner of a plantation Orders to eradicate
pests from plantations

nspector. Reporting of
infestation
5. An inspector may by notice in writing order the owner of a plantation Orders to eradicate
pests from plantations

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which is infested with a pest of coffee, to-
(a) destroy, by burning or by any other method specified by the inspector, all or
any coffee plants on the plantation;
(b) spray, fumigate or otherwise treat all or any coffee plants on the plantation;
(c) take such other steps as the inspector may consider necessary for the
purpose of controlling attacks by or the spread of the pest. 6. An inspector may destroy or order in writing the destruction of any plant infested
or appearing to be infested with a pest of
coffee. Destruction of infested
plants
7. (1) The owner of a plantation shall not leave his plantation without that
supervision necessary for-
Supervision of
plantations
(a) the detection of any infestation by a pest of coffee; and
(b) the carrying out of any measures required by or in terms of these
Regulations.

tions
(a) the detection of any infestation by a pest of coffee; and
(b) the carrying out of any measures required by or in terms of these
Regulations.

(2) If, in the opinion of an inspector, a plantation is habitually left without that
supervision required by subregulation (1) he may, subject to the provisions of
sub-regulation (3), by notice in writing order the owner of the plantation to destroy all
coffee plants on that plantation. (3) An inspector shall not order the destruction of a coffee plant in terms of
sub-regulation (2) unless authorised to do so by the Permanent Secretary. (As amended by G.N. No. 90 of 1964)
8. Every person who has had in possession or under his charge any coffee infested
with borer shall, if so required in writing by an inspector, give the inspector all such
information as he possesses as to the person in whose possession or under whose
charge such coffee is or has been. Duty to furnish
information
SECTION 31-THE PLANT PESTS AND DISEASES (COTTON) REGULATIONS
Regulations by the Minister
Federal Government
Notice
84 of 1960
Government Notice
90 of 1964
1. These Regulations may be cited as the Plant Pests and Diseases (Cotton)
Regulations. Title

overnment
Notice
84 of 1960
Government Notice
90 of 1964
1. These Regulations may be cited as the Plant Pests and Diseases (Cotton)
Regulations. Title

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2. In these Regulations- Interpretation
"cotton" means the linted species of the genus Gossypium. 3. (1) Subject to the provisions of regulation 4, an owner of land cultivated for the
production of cotton shall destroy all cotton plants on his land-
Cotton lands to be
cleared annually
(a) on or before the 1st August in each year if that land is situated in an
infested area or in a quarantine area;
(b) on or before the 1st October in each year if that land is situated outside an
infested area or a quarantine area. (2) Subject to the provisions of regulation 4, an owner of land in an infested area or
in a quarantine area shall not plant cotton on such land before the 1st October in any year. (As amended by G.N. No. 90 of 1964)
4. The Minister may, upon receipt of a written application, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1) or (2) or both sub-regulations of regulation 3.

e may specify, any person or class of persons from complying with the
provisions of sub-regulation (1) or (2) or both sub-regulations of regulation 3.

Exemptions
SECTION 31-THE PLANT PESTS AND DISEASES (I MPORTATION ) REGULATIONS
Regulations by the Minister
Federal Government
Notices
144 of 1960
217 of 1963
Government Notices
90 of 1964
497 of 1964
1. These Regulations may be cited as the Plant Pests and Diseases (Importation)
Regulations. Title
2. In these Regulations, unless the context otherwise requires- Interpretation
"additional declaration", in relation to a phytosanitary certificate, means an
endorsement by a plant protection officer on that certificate;
"approved" means approved by the Permanent Secretary;

ytosanitary certificate, means an
endorsement by a plant protection officer on that certificate;
"approved" means approved by the Permanent Secretary;

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"coniferous timber" means timber derived from trees of the order Coniferales and
includes all softwood timbers, whether sawn or unsawn, planed or
otherwise fashioned or processed, but excludes any timber which has been
treated with a preservative in an approved manner;
"Convention" means the Phytosanitary Convention for Africa South of the Sahara,
signed at London in the United Kingdom on the 29th July, 1954, or any
other international Phytosanitary Convention for Africa South of the Sahara
to which the Government may be a party;
"Convention country" means-
(a) the metropolitan territory situated in Africa to the south of the Sahara
of a government which is a party or has acceded to the Convention;
or
(b) a territory situated in Africa to the south of the Sahara for whose
international relations a government which is a party or has acceded
to the Convention is responsible;
"cotton" means the linted species of the genus Gossypium;
"does not occur", in relation to the incidence of an injurious organism in a country
outside Zambia or in any area or district of that country, means does not
occur, to the knowledge of the plant protection authority of that country, in
that country, area or district, as the case may be, and "do not occur" shall
be construed accordingly;
"during active growth", in relation to an inspection for the purposes of an additional
declaration, means during the last period of active growth of the plants prior
to their exportation;
"fee" means the appropriate fee prescribed in the First Schedule;
"forest tree" means any tree which is commonly grown for the production of timber
and not solely for ornamental purposes;
"form" means the appropriate form prescribed in the Second Schedule;
"import" means to bring or cause to be brought into Zambia, and cognate
expressions shall be construed accordingly;
"non-Convention countries" means territories other than Convention countries;
"pests and diseases", in relation to a phytosanitary certificate of an additional
declaration, means injurious organisms;

r than Convention countries;
"pests and diseases", in relation to a phytosanitary certificate of an additional
declaration, means injurious organisms;

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"phytosanitary certificate" means a statement issued by a plant protection officer
certifying that he has before despatch thoroughly examined the plants,
parts of plants or plant products, to which the statement relates, or
representative samples of them, and found them substantially free from
pests and diseases;
"plant", in relation to an inspection for the purposes of an additional declaration,
means-
(a) if the declaration relates to a growing plant, the growing plant;
(b) if the declaration relates to a part of a plant such as budwood, bulbs,
corns, cuttings, fruit, grafts, rhizomes, rooted material, seeds,
suckers or tubers, the growing parent plant from which such part
was directly derived or which produced such part;
"plant protection authority" means the department of the government of a country
which is responsible for the administration of the plant protection law in
force in that country;
"plant protection law" means a law providing for the protection of plants against
injurious organisms;
"plant protection officer" means an officer of a plant protection authority who is
authorised by that authority to issue phytosanitary certificates;
"protective treatment" means the sorting, disinfecting, fumigation, treatment or
quarantine of growing media, plants or containers in terms of these
Regulations, and cognate expressions shall be construed accordingly;
"quarantine" means the detention and culture of plants in isolation under the
supervision of the Department of Agriculture under such conditions, at such
place and for such period as the Permanent Secretary may determine;
"soil" means a growing medium which is neither sterilised nor inert;
"South Africa" means the Republic of South Africa;
"South African nursery" means a nursery in South Africa which is registered in
terms of the plant protection law in force in that country;
"submit", in relation to a permit or phytosanitary or other certificate relating to a
consignment of growing media, injurious organisms, invertebrates or plants,
means the submission of the permit or certificate at the place of inspection
or port of entry of the consignment, and cognate expressions shall be
construed accordingly;

n of the permit or certificate at the place of inspection
or port of entry of the consignment, and cognate expressions shall be
construed accordingly;

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"supervised importation only", in relation to a plant listed in the first column of the
Sixth or Seventh Schedule, means importation of the plant by or under the
direct supervision of the Department of Agriculture with subsequent
quarantine of the plant;
"vegetative material" means-
(a) any growing plant; or
(b) any part of a plant, other than the seed or fruit, which can be used to
propagate the plant and includes budwood, cuttings, grafts, rooted
material, suckers and dormant parts such as bulbs, bulbils, cornns,
rhizomes and tubers. (As amended by G.N. No. 90 of 1964)
3. The provisions of these Regulations shall not apply to any growing medium,
invertebrate or plant in transit through Zambia which is consigned by rail or by an
approved airline. (As amended by G.N. No. 90 of 1964)
Application of
Regulations
4.

lant in transit through Zambia which is consigned by rail or by an
approved airline. (As amended by G.N. No. 90 of 1964)
Application of
Regulations
4.

(1) Save as is provided in regulation 8, no person shall import any growing
medium or plant, including any unmanufactured plant product specified in the Fourth
Schedule or seed specified in the Fifth Schedule, unless a permit authorising the
importation of that growing medium or plant is submitted. Import of growing
medium or plant under
permit
(2) No person shall import any growing medium or plant otherwise than through a
port of entry specified in the Third Schedule or an approved place, or, if quarantine is one
of the conditions governing the importation of the growing medium or plant, otherwise than
through Lusaka. (As amended by G.N. No. 90 of 1964)
5. (1) Subject to the provisions of sub-regulation (2), no person shall import an
invertebrate, the importation of which is not governed by the provisions of another law,
unless a permit authorising the importation of that invertebrate is submitted.

importation of which is not governed by the provisions of another law,
unless a permit authorising the importation of that invertebrate is submitted.

Import of invertebrate
or injurious organism
under permit
(2) No person shall import an injurious organism unless-
(a) the importation is made-
(i) for scientific purposes; and
(ii) under the direct supervision of the Department of Agriculture; and
(b) a permit authorising the importation of that injurious organism is submitted.

) under the direct supervision of the Department of Agriculture; and
(b) a permit authorising the importation of that injurious organism is submitted.

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6. Application for a permit to import a growing medium, injurious organism,
invertebrate or plant shall be made to the Permanent Secretary and, if the Permanent
Secretary so requires, shall be made in Form No. 1. (As amended by G.N. No. 90 of 1964)
Applications for
permits
7. (1) A permit authorising the importation of a growing medium, injurious organism,
invertebrate or plant shall be issued by the Permanent Secretary in Form No. 2. Issue, refusal, etc., of
permits
(2) The Permanent Secretary may-
(a) refuse to issue a permit; or
(b) cancel, suspend or amend any permit which has been issued. (As amended by G.N. No. 90 of 1964)
8.

Secretary may-
(a) refuse to issue a permit; or
(b) cancel, suspend or amend any permit which has been issued. (As amended by G.N. No. 90 of 1964)
8.

Subject to the provisions of these Regulations, no permit shall be required for
the importation of-
(a) cut flowers, other than heather, holly, mistletoe or shamrock, not intended
for propagation;
(b) dormant underground parts, such as bulbs, corns, rhizomes and tubers, of
ornamental plants;
(c) fruit from Convention countries;
(d) herbaceous ornamental plants produced in South Africa;
(e) potato tubers produced in South Africa;
(f) unmanufactured plant products which are not listed in the Fourth Schedule;
(g) seeds which are not listed in the Fifth Schedule;
(h) vegetables, other than potatoes, from Convention countries, which are
intended for consumption;
(i) any plant other than-
Imports without permit
(i) a plant specified in the Sixth Schedule; or
(ii) a plant specified in item 2, 4 or 9 of the Eighth Schedule;
which is produced in a South African nursery and is despatched in
accordance with the provisions of the plant protection law in force in South
Africa. 9. Subject to the provisions of these Regulations, an inspector may-
(a) cause any vehicle in Zambia suspected or known to have brought into
Zambia-
General powers of
inspectors

s of these Regulations, an inspector may-
(a) cause any vehicle in Zambia suspected or known to have brought into
Zambia-
General powers of
inspectors

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(i) an injurious organism; or
(ii) a plant or container suspected or known to be diseased or infested
with an injurious organism;
to be disinfected or fumigated;
(b) detain and inspect any growing medium, plant or container on importation;
(c) cause any growing medium, plant or container detained and inspected in
terms of paragraph (b) to be disinfected, fumigated or treated whether or
not the growing medium, plant or container is diseased or infested with an
injurious organism;
(d) cause any imported growing medium or plant which on inspection appears
to be infested with an injurious organism and any plant in the same
container to be destroyed immediately without compensation if the injurious
organism is of a specially dangerous character or, in the opinion of the
inspector-
(i) disinfection is impracticable or will not be a complete safeguard; or
(ii) the delay caused by disinfection would give rise to the risk of the
introduction or spread of the injurious organism. (As amended by G.N. No. 90 of 1964)
10.

ay caused by disinfection would give rise to the risk of the
introduction or spread of the injurious organism. (As amended by G.N. No. 90 of 1964)
10.

A consignment of fruit found by an inspector on importation to be infested with
living caterpillars of the apple codling moth (Cydia pomonella (L.)) shall be destroyed
without compensation:
Imported fruit found to
be infested
Provided that the inspector may-
(a) if less than five per centum of the fruit is infested, cause the infested fruit in
such consignment to be separated from the uninfested fruit and permit the
release to the importer of the uninfested fruit;
(b) if five per centum or more of the fruit is infested-
(i) in consignments of not more than two containers of not more than
one bushel each, believed by the inspector not to be for re-sale,
cause the infested fruit to be separated from the uninfested fruit and
release the uninfested fruit to the importer; or
(ii) in other consignments in which, owing to the immature development
of the caterpillars there is in the opinion of the inspector no
immediate risk of the introduction or spread of that moth within
Zambia, permit the importer or consignor, within such period as the
inspector may fix, to cause such consignment to be returned to the
country of last export. (As amended by G.N. No. 90 of 1964)

thin such period as the
inspector may fix, to cause such consignment to be returned to the
country of last export. (As amended by G.N. No. 90 of 1964)

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11. A consignment of potatoes found by an inspector on importation to be infected
with wart disease (Synchytrium endobioticum (Schilb.) Percival) and a consignment of
seed potatoes found by an inspector on importation to be infested with the root knot
eelworm (Meloidogyne javanica (Treub)) or with any other species of eelworm injurious to
plants shall be-
(a) destroyed without compensation; or
(b) if the inspector so permits, returned to the country of last export. Imported potatoes
found to be infected or
infested
12. Unless the Permanent Secretary otherwise directs, the protective treatment of
any imported growing medium, plant or container shall be carried out on Government
premises. (As amended by G.N. No. 90 of 1964)
Protective treatment
13. (1) No imported growing medium or plant which has been protectively treated
shall be released to the importer unless he pays the fee for such treatment.

) No imported growing medium or plant which has been protectively treated
shall be released to the importer unless he pays the fee for such treatment.

Fee for protective
treatment
(2) If an importer fails to pay the fee in respect of a growing medium or plant
referred to in sub-regulation (1) within seven days of the date of a noticed demanding the
payment of the fee, an inspector shall, subject to the provisions of sub-regulation (3),
cause that growing medium or plant to be sold by auction at such time and place as he
may fix. (3) The sale of a growing medium or plant in terms of sub-regulation (2) shall be
subject to a reserve sufficient to cover the estimated costs of such sale. (4) A growing medium or plant not purchased at a sale in terms of sub-regulation (2)
shall be-
(a) sold immediately out of hand; or
(b) destroyed without payment of compensation if the Minister so directs; or
(c) disposed of in such manner as the Minister may direct. (5) If a plant referred to in sub-regulation (1) is, in the opinion of the inspector, of
such nature that only the immediate sale of the plant would realise an amount sufficient to
cover-
(a) the cost of the sale; and
(b) the fee; and

, of
such nature that only the immediate sale of the plant would realise an amount sufficient to
cover-
(a) the cost of the sale; and
(b) the fee; and

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(c any charges payable to the Controller of Customs and Excise;
the plant shall be disposed of in the manner described in paragraph (a), (b) or (c) of
sub-regulation (4). (6) The inspector shall pay to the importer the amount realised by the sale of a
growing medium or plant in terms of this regulation less the charges referred to in
paragraphs (a), (b) and (c) of sub-regulation (5). 14. (1) No person shall import- Import of certain plants
and fruits
(a) any plant which is packed in soil and which is not the product of a South
African nursery; or
(b) fresh fruits from Asia or the Pacific Islands; or
(c) any plant specified in the Sixth Schedule;
without the consent in writing of the Minister. (2) The Minister shall not give his consent to the importation of a plant mentioned in
paragraph (a), (b) or (c) of sub-regulation (1) unless he is satisfied that the importation is
made-
(a) for scientific purposes; and
(b) under the direct supervision of the Department of Agriculture. 15.

he is satisfied that the importation is
made-
(a) for scientific purposes; and
(b) under the direct supervision of the Department of Agriculture. 15.

(1) Subject to the imposition of conditions in terms of section thirty of the Act,
the conditions governing the importation from a country other than South Africa of a plant
listed in the first column of the Seventh Schedule shall be the conditions specified
opposite thereto in the second column of the Schedule. Conditions for import
of plants listed in
Seventh Schedule
(2) Any reference in the second column of the Seventh Schedule to a phytosanitary
certificate shall be construed as a reference to a phytosanitary certificate in Form No. 3. 16. Subject to the imposition of conditions in terms of section thirty of the Act, the
conditions governing the importation from South Africa of a plant listed in the first column
of the Eighth Schedule shall be the conditions specified opposite thereto in the second
column of the Schedule. Conditions for import
of plants listed in
Eighth Schedule

ule shall be the conditions specified opposite thereto in the second
column of the Schedule. Conditions for import
of plants listed in
Eighth Schedule

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FIRST SCHEDULE
(Regulation 2)
PRESCRIBED FEE UNITS
Nature of Protective Treatment Fee Units
1. Fumigation of living plants in a Ten ngwee for each container. The
fumigation chamber with hydrogen minimum fee units for each use of the
cyanide, methyl bromide or other fumigation chamber shall be eight fee
approved fumigant. units and the maximum fee sixty fee
units.
2. The treatment of tobacco and against Two fee units for each gram treated.
disease.
3. Delinting of cotton seed or ginning Two fee units for each kilogram weight
and delinting of seed cotton. of cotton seed delinted or seed cotton
ginned and delinted.
The minimum fee for any one
consignment shall be fifteen fee units.
4. Sorting and packing of fruit Two fee units for each tray or eight fee
units for each bushel. No fee shall be
payable if the importer provides his own labour.
5. Any protective treatment not Such fee, sufficient to cover the cost of
specified in items 1 to 4. the treatment as the Minister may fix.

wn labour.
5. Any protective treatment not Such fee, sufficient to cover the cost of
specified in items 1 to 4. the treatment as the Minister may fix.

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SECOND SCHEDULE
(Regulation 2)
FORM No. 1
REPUBLIC OF ZAMBIA
THE PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS
Application for a Permit for the Importation of Plants
The Permanent Secretary, Ministry of Agriculture,
(Plant Importation Permits),
P.O. Box RW.195,
Lusaka. I,.................................................................................................................................................................................................. (State full name)
of.................................................................................................................................................................................................. .................................................................................................................................................................................................... (State postal and residential addresses)
hereby apply to import by............................................................................................................................................................

......................................................................................................................................................

(State mode of importation, i.e., whether by post, rail, road or air freight)
from.............................................................................................................................................................................................. (State full name of consignor)
of.................................................................................................................................................................................................. through........................................................................................................................................................................................ (State port of entry into Zambia if mode of importation is not by post)
the following plants: .................................................................................................................................................................... (State number and ..................................................................................................................................................................

......................................................................................................................................................

kinds of plants) ...................................................................................................................................................................... for the purpose of........................................................................................................................................................................ (State which one or more of the following applies: sale, private use,
manufacturer, consumption or propagation for sale)
I intend to grow these plants at.................................................................................................................................................... (State exact locality if plants are to be grown)
No. of Currency Import Licence.................................................................................................................................................. (If plants are to be imported from France, South America or U.S.S.R. and other Eastern European countries)
Date........................................................................ .....................................................................................

................................................................ .....................................................................................

(Signature of applicant)
(As amended by G.N. No. 90 of 1964)

(Signature of applicant)
(As amended by G.N. No. 90 of 1964)

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FORM NO. 2
REPUBLIC OF ZAMBIA
THE PLANT PESTS AND DISEASES (IMPORTATION) REGULATIONS
PERMIT AUTHORISING THE IMPORTATION OF GROWING MEDIA/INJURIOUS
ORGANISMS/INVERTEBRATES/PLANTS
(This permit is to be sent by the importer to the supplier who shall ensure that it accompanies the growing
media/injurious organisms/invertebrates/plants.)
Permission is granted to.............................................................................................................................................................. of.................................................................................................................................................................................................. to import in one consignment, within six months of the date of this permit,
by................................................................................................................................................................................................

......................................................................................................................................................

from.............................................................................................................................................................................................. of.................................................................................................................................................................................................. through........................................................................................................................................................................................ the following:................................................................................................................................................................................ ..................................................................................................................................................................................................... subject to the following conditions:..............................................................................................................................................

ditions:..............................................................................................................................................

.................................................................................................................................................................................................... Date.......................................................................... .......................................................................... for Permanent Secretary,
Ministry of Agriculture
(As amended by G.N. No. 90 of 1964)

................................................................. for Permanent Secretary,
Ministry of Agriculture
(As amended by G.N. No. 90 of 1964)

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FORM NO. 3
PHYTOSANITARY CERTIFICATE
THIS IS TO CERTIFY-
that the plants, parts of plants or plant products described below or representative samples
of them were thoroughly examined on........................................................................................................................................ by................................................................................................................................................................................................ an authorised officer of the.......................................................................................................................................................... (Insert name of plant protection authority)
and were found to the best of his knowledge to be substantially free from injurious diseases and pests, and that the
consignment is believed to conform with the current phytosanitary regulations of the importing country both as stated in the
additional declaration hereon and otherwise.

eved to conform with the current phytosanitary regulations of the importing country both as stated in the
additional declaration hereon and otherwise.

Fumigation or disinfection treatment (if required by importing country)
Date.............................................Treatment................................................................................................................................ Duration of exposure.................................................................................................................................................................... Chemical and concentration........................................................................................................................................................ Additional declaration:
......................................................................................, 19.................... (Official Stamp) ................................................................................................................ (Signature)
................................................................................................................

......................... (Signature)
................................................................................................................

(Rank)
DESCRIPTION OF THE CONSIGNMENT
Name and address of exporter.................................................................................................................................................... .................................................................................................................................................................................................... Name and address of consignee................................................................................................................................................ Number and description of packages.......................................................................................................................................... Distinguishing marks.................................................................................................................................................................... Origin (if required by importing country)......................................................................................................................................

porting country)......................................................................................................................................

Means of conveyance.................................................................................................................................................................. Point of entry................................................................................................................................................................................ Quantity and name of produce.................................................................................................................................................... Botanical name (if required by importing country)......................................................................................................................

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THIRD SCHEDULE
(Regulation 4 (2))
PORTS OF ENTRY
Chipata. Livingstone.
Chirundu. Lusaka.
Kabwe. Mbala.
Kariba. Mokambo.
Kasumbelesa. Nakonde.
Kitwe. Ndola.
(G.N. No. 90 of 1964)

4 (2))
PORTS OF ENTRY
Chipata. Livingstone.
Chirundu. Lusaka.
Kabwe. Mbala.
Kariba. Mokambo.
Kasumbelesa. Nakonde.
Kitwe. Ndola.
(G.N. No. 90 of 1964)

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FOURTH SCHEDULE
(Regulations 4 and 8)
PLANT PRODUCTS FOR THE IMPORTATION OF WHICH A PERMIT IS REQUIRED
1. Broom corn
2. Citrus peel, fresh or dried, other than candied
3. Clover fodder
4. Coffee beans for consumption
5. Cotton lint
6. Lucerne hay
7. Tobacco, cured, unmanufactured

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FIFTH SCHEDULE
(Regulations 4 and 8)
SEEDS FOR THE IMPORTATION OF WHICH A PERMIT IS REQUIRED

ry of Legal Affairs, Government of the Republic of Zambia
FIFTH SCHEDULE
(Regulations 4 and 8)
SEEDS FOR THE IMPORTATION OF WHICH A PERMIT IS REQUIRED

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1. Abutilon seed
2. Acacia seed from non-Convention countries
3. Acorns from countries other than South Africa
4. Banana seed
5. Beech seed from non-Convention countries
6. Birch seed from non-Convention countries
7. Capsicum (Pepper or Chillies) seed from non-Convention countries
8. Cereals, seed of the following, barley, oats, rice, rye and wheat, from countries other than South Africa
9. Chestnuts from countries other than South Africa
10. Citrus seed from countries other than South Africa or Portuguese East Africa
11. Clover seed
12. Cocoa seed
13. Coffee seed
14. Cotton seed from countries other than South Africa
15. Conifers, seeds of, from non-Convention countries
16. Elm seed from non-Convention countries
17. Eucalyptus spp. seed from non-Convention countries
18. Grape vine seed
19. Grass seed for propagation from countries other than South Africa
20. Groundnut (Arachis spp.) seed
21. Hibiscus seed
22. Hickory seed from non-Convention countries
23. Hollyhock seed
24. Lettuce seed
25. Lucerne seed
26. Maize seed from non-Convention countries
27.

d
22. Hickory seed from non-Convention countries
23. Hollyhock seed
24. Lettuce seed
25. Lucerne seed
26. Maize seed from non-Convention countries
27.

Mango seed from countries other than South Africa
28. Maple seed from non-Convention countries
29. Oil-palm seed from countries other than South Africa
30. Pea (Pisum sativum) seed from countries other than South Africa
31. Peach, including nectarine, stones and seed from non-Convention countries
32. Pepper (Piper nigrum) seed from countries other than South Africa
33. Plane seed from non-Convention countries
34. Poplar seed from non-Convention countries
35. Pyrethrum seed from non-Convention countries
36. Rubber (Hevea brasiliensis) seed
37. Sisal (Agave and Furcraea spp.) seed from non-Convention countries
38. Soya bean seed from non-Convention countries
39. Sugar cane seed from non-Convention countries
40. Sunflower (Helianthus spp.), including Jerusalem artichoke, seed from countries other than South Africa
41. Tea seed
42. Tobacco seed
43. Tomato seed. 44. Tung (Aleurities spp.) seed from countries other than South Africa
45. Willow seed from non-Convention countries
46. Forest trees of species not specified elsewhere in this Schedule, seed of, from non-Convention countries
47.

ow seed from non-Convention countries
46. Forest trees of species not specified elsewhere in this Schedule, seed of, from non-Convention countries
47.

Malvaceous plants of species not specified elsewhere in this Schedule, seed of, from non-Convention countries
(As amended by F.G.N. No. 217 of 1963 and S.I. No. 217 of 1972)

ecies not specified elsewhere in this Schedule, seed of, from non-Convention countries
(As amended by F.G.N. No. 217 of 1963 and S.I. No. 217 of 1972)

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SIXTH SCHEDULE
(Regulations 2, 8 and 14)
PLANTS, THE IMPORTATION OF WHICH IS PROHIBITED
1. Acacia, vegetative material of, from non-Convention countries
2. Banana leaves severed from the plant, whether used as packing or other-wise, and banana fruits from non-Convention
countries, and vegetative material of banana from Natal
3. Capsicum spp., such as chillies and peppers, vegetative material of, from non-Convention countries
4. Cereals, small, such as barley, oats, rice, rye and wheat, vegetative material of, from non-Convention countries
5. Chestnut, and all other species of Castanea, plants from North America or from any other country where chestnut
canker (Endothia parasitica (Murr.) Anderson & Anderson) is known by the Permanent Secretary to exist
6. Citrus fruits, fresh and dried citrus peel, but not including candied citrus peel, from any territory where citrus black spot
(Guignardia citricarpa Kiely) or citrus canker (Xanthomonas citri (Hasse) Dowson) is known by the Permanent
Secretary to exist
7. Citrus, rooted vegetative material of, from non-Convention countries
8.

thomonas citri (Hasse) Dowson) is known by the Permanent
Secretary to exist
7. Citrus, rooted vegetative material of, from non-Convention countries
8.

Clover (Ttrifolium spp.), fodder or vegetative material of, from non-Convention countries
9. Cocoa (Theobroma cacao), fruits of, from non-Convention countries
10. Coconut plants from non-Convention countries
11. Coffee, fruits (coffee cherries) of, from non-Convention countries
12. Conifers, vegetative material of, from non-Convention countries. (Note: This will include most "Christmas trees".)
13. Cotton, vegetative material of, from non-Convention countries
14. Dahlia, vegetative material of, from South Africa
15. Elm, and all other species of Ulmus and Zelkova, plants from Europe or any country where Dutch elm disease
(Ceratocystis ulmi (Buism.) C. Moreau) is known by the Permanent Secretary to exist
16. Eucalyptus spp., vegetative material of, from non-Convention countries
17. Grape vine, and all other species of Vitaceae, plants from China, Japan, Korea or Manchuria
18. Hibiscus and all other species of Malvaceae, vegetative material of, from North and Central America
19. Lucerne, hay and vegetative material of, from non-Convention countries
20. Maize, vegetative material of, and straw for packing from non-Convention countries, and seed of, from Asia
21.

l of, from non-Convention countries
20. Maize, vegetative material of, and straw for packing from non-Convention countries, and seed of, from Asia
21.

Oak (Quercus spp.), vegetative material of, from non-Convention countries
22. Opuntia spp., including spineless cactus, vegetative material, seed and fruit of, for propagation
23. Pea (Pisum, Dolichos, Lathyrus and Vicia spp.), vegetative material of, from non-Convention countries
24. Peach, including nectarine, stones and seed from non-Convention countries
25. Plane (Platanus spp.), vegetative material of, from non-Convention countries
26. Potato, vegetative material of, except tubers from non-Convention countries
27. Rice, seed with husk and vegetative material of, from any country where rice leaf (white tip) nematode
(Aphelenchoides besseyi) is known by the Permanent Secretary to exist;
28. Rose, and all other species of Rosaceae, plants from Asia or the Pacific Islands
29. Rubber (Hevea spp.) plants from South and Central America
30. Soya bean, seed from any country where soya bean cyst nematode (Heterodera glycines) or bacterial wilt
(Corynebacterium flaccumfaciens) is known by the Permanent Secretary to exist, and vegetative material from
non-Convention countries;
31.

cterial wilt
(Corynebacterium flaccumfaciens) is known by the Permanent Secretary to exist, and vegetative material from
non-Convention countries;
31.

Sunflower (Helianthus spp.), including Jerusalem artichoke, vegetative material of, from non-Convention countries
32. Sweet potato tubers for consumption from non-Convention countries
33. Tea plants from non-Convention countries
34. Tobacco and flowering plants of the genus Nicotiana, seed and vegetative material of, from non-Convention countries;
35. Tomato, seed, vegetative material and fruit of, from any country where bacterial canker (Cornebacterium
michiganense) is known by the Permanent Secretary to exist. 36. Forest trees of species not specified elsewhere in this Schedule, vegetative material of, from non-Convention countries
(Amended by G.N. No. 90 of 1964 and S.I. No. 217 of 1972)

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SEVENTH SCHEDULE
(Regulations 2 and 15)
PLANTS, THE IMPORTATION OF WHICH FROM TERRITORIES OTHER THAN
SOUTH AFRICA IS SUBJECT TO SPECIAL CONDITIONS

bia
SEVENTH SCHEDULE
(Regulations 2 and 15)
PLANTS, THE IMPORTATION OF WHICH FROM TERRITORIES OTHER THAN
SOUTH AFRICA IS SUBJECT TO SPECIAL CONDITIONS

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Description of Plant Conditions
1. Vegetative material of host plants of On importation to be submitted to an in
San José scale (Quadraspidiotus spector for examination and, if necessary,
perniciosus (Comst.)), including all fumigation. woody perennials of the Rosaceae,
including the genera Amelanchier,
Chaenomeles, Cotoneaster, Crataegus,
Cydonia, Malus, Mespilus, Pirus (Pyrus),
Prunus, Rosa, Sorbus, and all species
of the genera Acacia, Acer, Euonymus,
Fagus, Juglans, Ligustrum, Maclura,
Populus, Ptelea, Ribes, Salix,
Symphoricarpus, Syringa, Tilia, Ulmus,
from any country where San JosÇe
scale is known by the
Permanent Secretary to exist. 2. Avocado (Persea spp.), vegetative (a) Supervised importation only;
material of, from non-Convention (b) Submission of a phytosanitary certifi-
countries. cate with additional declaration that the plants have been
inspected during active growth and found free from pests
and diseases. 3. Banana and plantain (Musa (a) Quarantine; spp.),
vegetative material of, from (b) Submission of a phytosanitary certifi-
non-Convention countries.

3. Banana and plantain (Musa (a) Quarantine; spp.),
vegetative material of, from (b) Submission of a phytosanitary certifi-
non-Convention countries.

cate with additional declaration that Panama disease
(Fusarium oxysporum f. cubense (E.F.S.)
Snyder & Hansen) and cercospora leaf spot
(Mycosphaerella musicola Leach)
do not occur in the district of origin. 4. Broom corn, unmanufactured, (a) The straws to be detached from the
derived from sorghum. crowns;
(b) No part of the crown to remain with
the straws on importation. 5. Cassava (Manihot spp.), vegetative (a) Quarantine;
material of, from non-Convention (b) Submission of a phytosanitary certifi-
countries. cate with additional declaration that the plants have been
inspected during active growth and found free from pests
and diseases. 6. Cereals, seed of the following, Submission of a phytosanitary certificate
barley, oats, rye and wheat, with additional declaration that the seed
from non-Convention countries. has been-
(i) inspected and found free from ergot
(Claviceps purpurea Fr. (Tul.)); and
(ii) treated against Helminthosporium spp. in an approved manner. 7. Cereals of species not specified (a) Supervised importation only;
elsewhere in this Schedule, (b) Submission of a phytosanitary certifi-
vegetative material of.

species not specified (a) Supervised importation only;
elsewhere in this Schedule, (b) Submission of a phytosanitary certifi-
vegetative material of.

cate with additional declaration that the plants have been
inspected during active growth and found free from pests
and diseases. 8. Chestnuts, seed and vegetative Submission of a phytosanitary certificate
material of, for propagation. with additional declaration that chestnut canker
(Endothia parasitica (Murr.) Anderson & Anderson)
does not occur in the country of origin. 9. Chrysanthemum, vegetative Submission of a phytosanitary certificate
material of. with additional declaration that-
(i) the plants have been inspected during
active growth and found free from chrysanthemum midge
(Diarthronomyia chrysanthemi Ahlb.); or
(ii) chrysanthemum midge does not occur
in the country of origin. 10. Citrus cuttings and budwood (a) Quarantine;
from non-Convention countries (b) Submission of a phytosanitary
and vegetative material from certificate with additional declaration

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ve material from certificate with additional declaration

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EIGHTH SCHEDULE
(Regulations 8 and 16)
PLANTS, THE IMPORTATION OF WHICH FROM SOUTH AFRICA IS SUBJECT TO SPECIAL CONDITIONS
Description of Plant Conditions
1. Vegetative material of host plants On importation to be submitted to an in-
of San José scale (Quadraspidiotus) spector for examination and, if necessary,
perniciosus) (Comst.)), including all fumigation. woody perennials of the Rosaceae,
including the genera Amelanchier,
Chaenomeles, Cotoneaster,
Crataegus, Cydonia, Malus,
Mespilus, Pirus (Pyrus), Prunus,
Rosa, Sorbus, and all species of the
genera Acacia, Acer, Euonymus,
Fagus, Juglans, Ligustrum,
Maclura, Populus, Ptelea, Ribes,
Salix, Symphoricarpus, Syringa,
Tilia, Ulmus. 2. Citrus, vegetative material of, from Supervised importation only. the Provinces of Natal, Transvaal
and the Orange Free State. 3.

ga,
Tilia, Ulmus. 2. Citrus, vegetative material of, from Supervised importation only. the Provinces of Natal, Transvaal
and the Orange Free State. 3.

Coniferous timber which has The importer shall-
been in the Magisterial District (a) notify the Permanent Secretary in
of Bellville, Caledon, Cape Town, writing within seven days of the date
Durban, East London, Estcourt, of despatch of any such coniferous
Malmesbury, Paarl, Port Elizabeth, timber to Zambia; and
Simonstown, Somerset West, (b) cause all such coniferous timber to be
Stellenbosch, Tulbagh, Uitenhage, sterilised by an approved method before
Wellington, Worcester or Wynberg such timber is sold or otherwise disposed
at any time during the period from of or used, caused to be used or processed
the 1st November in any year to the in any manner whatsoever within Zambia,
31st March of the following year. and in any event within 180 days of its
arrival in Zambia.

n any year to the in any manner whatsoever within Zambia,
31st March of the following year. and in any event within 180 days of its
arrival in Zambia.

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Description of Plant Conditions
4. Grape vines, Virginia creeper Submission of a certificate issued by an
and all other species of Ampelidaceae officer of the plant protection authority
(Vitaceae), vegetative material of, authorising the removal from the district
grown in the Magisterial District of of origin of that material. Caledon Paarl, Robertson, Somerset
West, Stellenbosch, Worcester or
Wynberg. 5. Lucerne seed. Submission of a phytosanitary certificate with additional
declaration that the consignment is free from dodder
(Cuscuta spp.)
6. Pea (Pisum sativum) seed for The seed to be in an unbroken container
propagation produced in South sealed by an officer of the plant protection
Africa. authority. 7. Poplar (Populus), vegetative All leaves and leaf-stalks to be removed
material of. before importation. 8. Potato tubers for propagation.

authority. 7. Poplar (Populus), vegetative All leaves and leaf-stalks to be removed
material of. before importation. 8. Potato tubers for propagation.

Submission of a phytosanitary certificate
with additional declaration that-
(i) wart disease (Synchytrium endo-
bioticum (Schilb.) Percival) does not occur
within ten kilometres of the place where the potatoes
were grown; and
(ii) no case of wart disease has been
observed in that area by the plant protection authority
during the ten years preceding the date of the
certificate. (iii) Golden Nematode (Heterodera rostochiensis)
is not known to occur within fifty kilometres of the
growing site. 9. Potato tubers for consumption. Submission of a phytosanitary certificate with the additional
declaration that Golden Nematode (H. rostochiensis) is not
known to occur within 50 kilometres of the growing site.;
10. Plants of all kinds with roots, and all Unless from a registered nursery, sub-
bulbs, corns, tubers or other mission of a phytosanitary certificate
underground parts of a plant, for with the additional declaration that
propagation or consumption. Golden Nematode (H. rostochiensis) is not known to occur
within 50 kilometres of the growing site.;
11. Sugar cane, vegetative material of, Supervised importation only. propagation. (As amended by G.N. No. 90 of 1964 and S.I. No.

f the growing site.;
11. Sugar cane, vegetative material of, Supervised importation only. propagation. (As amended by G.N. No. 90 of 1964 and S.I. No.

217 of 1972)
SECTION 29-THE PLANT PESTS AND DISEASES (KROMNEK ) REGULATIONS
Regulations by the Minister
Federal Government
Notice
327 of 1958
Government Notice
90 of 1964
1. These Regulations may be cited as the Plant Pests and Diseases (Kromnek)
Regulations. Title
2. (1) Every person who grows or cultivates dahlia tubers for sale and every person
who sells dahlia tubers shall make application to the Permanent Secretary, Ministry of
Agriculture, P.O. Box RW, Lusaka, for the registration of his premises. Registration of
premises

e application to the Permanent Secretary, Ministry of
Agriculture, P.O. Box RW, Lusaka, for the registration of his premises. Registration of
premises

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(2) A person referred to in sub-regulation (1) shall, before the 1st January in each
subsequent year, make a further application to the Permanent Secretary for the
registration of his premises. (3) On receipt of an application for registration in terms of sub-regulation (1) or (2),
the Permanent Secretary shall register the premises in a register to be kept for the
purpose. (As amended by G.N. No. 90 of 1964)
3. (1) Every person who has registered his premises in terms of regulation 2 shall
keep a register, in the form prescribed in the Schedule, of all sales of dahlia tubers made
by him. Register of sales
(2) Such register shall be kept on the registered premises and shall be available for
inspection by any inspector. 4. (1) An inspector may- Destruction of infested
plants
(a) destroy or order by notice in writing the destruction of any plant infested or
appearing to be infested with kromnek (Lycopersicum virus 3. Smith); or
(b) by notice in writing order the destruction of any plants for the purpose of
preventing or controlling attacks by, or the spread of, kromnek.

); or
(b) by notice in writing order the destruction of any plants for the purpose of
preventing or controlling attacks by, or the spread of, kromnek.

(2) Any plant destroyed in terms of sub-regulation (1) shall be destroyed by-
(a) burning;
(b) boiling; or
(c) a method approved by an inspector.

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SCHEDULE
(Regulation 3)
FORM OR REGISTER OF SALES
Date Name and address
of grower
Name and
address of buyer
Premises on which
to be grown
Quantity Varieties

LE
(Regulation 3)
FORM OR REGISTER OF SALES
Date Name and address
of grower
Name and
address of buyer
Premises on which
to be grown
Quantity Varieties

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SECTION 29-THE PLANT PESTS AND DISEASES (NURSERY)
REGULATIONS
Regulations by the Minister
Federal Government
Notices
286 of 1961
364 of 1962
Government Notices
90 of 1964
497 of 1964
Act No. 13 of 1994
1. These Regulations may be cited as the Plant Pests and Diseases (Nursery)
Regulations. Title
2. (1) Every nurseryman shall, before the 1st January each year, apply to the
Permanent Secretary, Ministry of Agriculture, P.O. Box RW, Lusaka, for the registration of
his nursery. Registration of
nurseries
(2) The owner or other person responsible for the management of a nursery which is
established after the 1st January of any year shall make the application referred to in
sub-regulation (1) within sixty days of the date on which it was established. (3) A registration fee of one hundred and fifty penalty units shall be submitted with
each application for registration.

on which it was established. (3) A registration fee of one hundred and fifty penalty units shall be submitted with
each application for registration.

(4) On receipt of an application for registration and the registration fee, the
Permanent Secretary shall-
(a) if he agrees to register the nursery, register the nursery in a register to be
kept for the purpose and notify the nurseryman of the fact that he has been
registered;
(b) if he refuses to register the nursery, return the registration fee to the
nurseryman and notify the nurseryman of the reason for the refusal to
register the nursery. (As amended by F.G.N. No. 364 of 1962, G.N. No. 90 of 1964
and Act No. 13 of 1994)
3. No person shall, without special written authority from the Minister, sell or
expose for sale nursery stock grown or cultivated in Zambia unless-
(a) it has been grown or cultivated in a registered nursery;
(b) it is labelled in accordance with the provisions of regulation 10. (As amended by G.N. No. 90 of 1964)
Sale of nursery stock

a registered nursery;
(b) it is labelled in accordance with the provisions of regulation 10. (As amended by G.N. No. 90 of 1964)
Sale of nursery stock

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4. Where a nursery or portion thereof has been declared an infested area, no
person, other than an inspector, shall remove, cause to be removed or allow the removal
of any compost, growing media, manure or plants from that infested area unless such
removal is-
(a) ordered by an inspector;
(b) effected for the purpose of treating or destroying the compost, growing
media, manure or plants. Removal of plants,
etc., from infested
nurseries
5. (1) Where a nursery or portion thereof has been declared an infested area, the
nurseryman may apply to the Permanent Secretary for such infested area or any portion
thereof to be inspected by an inspector for the purpose of ascertaining whether or not it is
free from the infestation.

h infested area or any portion
thereof to be inspected by an inspector for the purpose of ascertaining whether or not it is
free from the infestation.

Inspection of infested
nurseries
(2) An inspection in terms of sub-regulation (1) shall not be carried out unless the
nurseryman certifies that-
(a) all nursery stock on the premises, or the portion thereof which has been
ordered to be treated by the inspector at the time of the declaration of the
infested area, has been fumigated in the manner set out in the First
Schedule; or
(b) a period of six weeks has elapsed since the remedial treatment, other than
fumigation, ordered by the inspector has last been applied to the area to be
inspected. (3) The cost of an inspection in terms of sub-regulation (1), or of such portion
thereof as the Minister determines, shall be paid by the nurseryman. (As amended by F.G.N. No. 364 of 1962
and G.N. No. 90 of 1964)
6. An inspector may-
(a) destroy or order by notice in writing the destruction of any plants in a
nursery which are infested, or appear to be infested, with any pest liable to
be disseminated with nursery stock; or
(b) by notice in writing order the destruction of any plants in a nursery for the
purpose of preventing or controlling attacks by, or the spread of, a pest. Destruction of infested
plants
7.

uction of any plants in a nursery for the
purpose of preventing or controlling attacks by, or the spread of, a pest. Destruction of infested
plants
7.

(1) No person shall remove or cause or permit the removal of nursery stock from
a nursery unless such stock has been fumigated-
Fumigation of nursery
stock
(a) in a chamber complying with the provisions of regulation 8;

stock from
a nursery unless such stock has been fumigated-
Fumigation of nursery
stock
(a) in a chamber complying with the provisions of regulation 8;

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(b) in a manner complying with the provisions of regulation 9;
not more than forty-eight hours before removal from the nursery. (2) The Minister may, upon receipt of a written application, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1). 8. (1) A chamber for the fumigation of nursery stock in terms of regulation 7 shall be
air-tight and shall be constructed of brick, concrete or other strong, durable, gas-proof and
rigid material. Chamber for
fumigation
(2) The chamber referred to in sub-regulation (1) shall be provided with racking or
other means to ensure the free circulation of the fumigant around and beneath nursery
stock contained therein. 9. (1) Nursery stock to be fumigated in terms of regulation 7 shall be fumigated in
the manner set out in the First Schedule. Manner of fumigation
(2) The Minister may, upon receipt of a written application, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1). 10.

on, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1). 10.

(1) A nurseryman shall label nursery stock despatched from his nursery with a
label in one of the forms set out in the Second Schedule. Labelling of nursery
stock
(2) A nurseryman may use either Form 1 or Form 2 or both forms:
Provided that if the nurseryman uses Form 2 only he shall label each item of nursery
stock dispatched from his nursery with that label.

or both forms:
Provided that if the nurseryman uses Form 2 only he shall label each item of nursery
stock dispatched from his nursery with that label.

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FIRST SCHEDULE
(Regulations 5 and 9)
MANNER OF FUMIGATING NURSERY STOCK
1. Hydrocyanic acid gas or methyl bromide shall be used in the following quantities-
(a) where hydrocyanic acid gas is used, for every 1,000 cubic feet of space in the fumigation chamber-
(i) 70.88 grams of hydrocyanic acid gas, in the case of dormant, leafless nursery stock;
(ii) 1.4 ounces of hydrocyanic acid gas, in the case of leafy plants; shall be introduced;
(b) where methyl bromide is used, for every 1,000 cubic feet of space in the fumigation chamber-
(i) 1.4 kilograms of methyl bromide, in the case of dormant, leafless nursery stock;
(ii) 1.13 kilograms of methyl bromide, in the case of leafy plants; shall be introduced. 2. The plants shall be placed so that the gas has access to every portion of their surfaces which grow above ground. 3. The chamber shall be securely closed as soon as or before the generation of gas begins and shall be kept closed-
(a) where hydrocyanic acid gas is used, for at least 45 minutes;
(b) where methyl bromide is used, for at least two hours. 4.

nd shall be kept closed-
(a) where hydrocyanic acid gas is used, for at least 45 minutes;
(b) where methyl bromide is used, for at least two hours. 4.

Fumigation shall be carried out at a temperature of between 65 degrees and 75 degrees Fahrenheit, with an optimum
temperature of 70 degrees Fahrenheit.

umigation shall be carried out at a temperature of between 65 degrees and 75 degrees Fahrenheit, with an optimum
temperature of 70 degrees Fahrenheit.

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SECOND SCHEDULE
(Regulation 10)
FORM 1
THE PLANT PESTS AND DISEASES (NURSERY) REGULATIONS
This label may be used for consignments of nursery stock containing several plants as well as for single items
I certify that the plants herewith consigned, namely-
(1) .............................................................................. for (2)................................................................................................. of (3) ...................................................................................................................., are produced from a nursery registered
under the Plant Pests and Diseases (Nursery) Regulations, and that the provisions of those Regulations, including those
relating to fumigation, have been complied with. Registered nursery ...................................................................................................................................................................... ....................................................................................................

................................................. ....................................................................................................

Nurseryman
Address ................................................................................... .................................................................................................. Date ............................................................................ (1) State number of bales or other containers and kinds of plants. (2) Give consignee's name. (3) Give consignee's address. (As amended by G.N. No. 90 of 1964)

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FORM 2
THE PLANT PESTS AND DISEASES (NURSERY) REGULATIONS
This label may be used for single items of nursery stock only
This plant is produced at the ......................................................................................................................................................
Nurseries, registered under the Plant Pests and Diseases (Nursery) Regulations, the provisions of which have been
complied with.

.....................
Nurseries, registered under the Plant Pests and Diseases (Nursery) Regulations, the provisions of which have been
complied with.

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SECTION 29-THE PLANT PESTS AND DISEASES (POTATO AND T OBACCO G ROWING)
REGULATIONS
Regulations by the Minister
Federal Government
Notice
199 of 1963
1. These Regulations may be cited as the Plant Pests and Diseases (Potato and
Tobacco Growing) Regulations. Title
2. In these Regulations, unless the context otherwise requires- Interpretation
"farm" means a continuous area of land-
(a) under the ownership of the same person or group of persons; and
(b) on which potatoes or tobacco or both are cultivated;
"field potatoes" means potatoes-
(a) in active growth so that growing parts of the plants are visible above
the ground; and
(b) growing on a farm or part of a farm in an area greater than
one-quarter of an acre;
"field tobacco" means tobacco which is growing on a farm, but does not include
tobacco which has been sown in seed-beds from which it has not been
transplanted into fields. 3. (1) Subject to the provisions of sub-regulation (2), no person shall grow field
potatoes and field tobacco at the same time on a farm between the 1st October and the
31st March in any growing season.

2), no person shall grow field
potatoes and field tobacco at the same time on a farm between the 1st October and the
31st March in any growing season.

Growing of potatoes
and tobacco
(2) The Minister may, upon receipt of a written application, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1). 4. Any person who knows or suspects that the disease known as tobacco
vein-browing virus is present on his farm shall inform the Minister without delay. Duty to furnish
information

pects that the disease known as tobacco
vein-browing virus is present on his farm shall inform the Minister without delay. Duty to furnish
information

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SECTION 29-THE PLANT PESTS AND DISEASES (T OBACCO) REGULATIONS
Regulations by the Minister
Federal Government
Notices
328 of 1958
354 of 1960
114 of 1962
Government Notices
90 of 1964
497 of 1964
Statutory Instrument
91 of 1979
1. These Regulations may be cited as the Plant Pests and Disease (Tobacco)
Regulations. Title
2. In these Regulations- Interpretation
"tobacco premises licence" means a licence issued in terms of subsection (1) of
section thirteen of the Act authorising the handling or storing in and the
removal to or from premises of cured tobacco. 3.

terms of subsection (1) of
section thirteen of the Act authorising the handling or storing in and the
removal to or from premises of cured tobacco. 3.

(1) Subject to the provisions of sub-regulation (2), an owner of land shall- Tobacco lands to be
cleared annually
(a) on or before the 31st May in each year destroy, in accordance with the
provisions of regulation 4, all tobacco plants of a type other than Turkish,
including stalks and roots thereof, which are growing on any of his land
cultivated for the production of tobacco;
(b) on or before the 15th August in each year destroy, in accordance with the
provisions of regulation 4, all tobacco plants of the Turkish type, including
stalks and roots thereof, which are growing on any of his land cultivated for
the production of tobacco;
(c) at all times keep his land, other than that cultivated for the production of
tobacco for the current season's crop, free from living tobacco plants; and
(d) destroy all living tobacco plants in his seed-beds as soon as such plants
are no longer required for transplanting into lands for the production of
tobacco for the current season's crop. (2) The Minister may, upon receipt of a written application, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1).

cation, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (1).

(As amended by F.G.N. No. 354 of 1960,
G.N. No. 90 of 1964 and S.I. No. 91 of 1979)

(As amended by F.G.N. No. 354 of 1960,
G.N. No. 90 of 1964 and S.I. No. 91 of 1979)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
4. Tobacco plants, including stalks and roots thereof, shall be destroyed by-
(a) burning;
(b) conversion into manure by a process approved by an inspector;
(c) ploughing or discing; or
(d) any other method of destruction approved in writing by an inspector. (As amended by F.G.N. No. 114 of 1962)
Manner of clearance
5. (1) Cured tobacco from the current season's crop, which has not been sold
across the tobacco auction floors, shall not be stored in the same room as cured tobacco
from a previous season's crop.

crop, which has not been sold
across the tobacco auction floors, shall not be stored in the same room as cured tobacco
from a previous season's crop.

Storage of cured
tobacco
(2) Subject to the provisions of sub-regulation (4), an owner of premises where
cured tobacco is handled or stored shall remove all waste tobacco scrap and refuse from
any warehouse, building or structure in which cured tobacco is handled and stored and
shall treat with limewash or a material approved by an inspector the interior surfaces of
the walls of such warehouse, building or structure-
(a) in the case of premises licensed in terms of section thirteen of the Act, on
or before the 31st December each year;
(b) in the case of any other premises, on or before the 31st October each year. (3) If it appears to an inspector that any treatment in terms of sub-regulation (2) has
not been carried out satisfactorily, he may order it to be repeated. (4) The Minister may, upon receipt of a written application, exempt, subject to such
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (2). (F.G.N. No. 114 of 1962)
6.

uch
conditions as he may specify, any person or class of persons from complying with the
provisions of sub-regulation (2). (F.G.N. No. 114 of 1962)
6.

An inspector may order the removal from any warehouse, building or structure in
which cured tobacco is handled or stored of-
(a) products other than cured tobacco which are liable to be infested with a
pest; or
(b) anything, including products referred to in paragraph (a), which renders the
proper inspection of the warehouse, building or structure impracticable. Clearance of tobacco
premises
7. The Minister may order the destruction of any cured tobacco which is infested
with a pest of cured tobacco if, within fourteen days of the discovery of such infestation by
an inspector-
(a) the owner of the tobacco has not been traced; or
(b) the tobacco has not been claimed. Destruction of infested
tobacco

nfestation by
an inspector-
(a) the owner of the tobacco has not been traced; or
(b) the tobacco has not been claimed. Destruction of infested
tobacco

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
8. Application for a tobacco premises licence shall be made to the Permanent
Secretary in the form prescribed in the First Schedule.
(As amended by G.N. No. 90 of 1964)
Application for tobacco
premises licence
9. A tobacco premises licence shall be issued in the form prescribed in the Second
Schedule and shall remain in force until the 31st December of the year for which it was
issued.
Issue of tobacco
premises licence

cribed in the Second
Schedule and shall remain in force until the 31st December of the year for which it was
issued.
Issue of tobacco
premises licence

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
FIRST SCHEDULE
(Regulation 8),
REPUBLIC OF ZAMBIA
THE PLANT PEST AND DISEASES ACT
APPLICATION FOR TOBACCO PREMISES LICENCE
The Permanent Secretary,
Ministry of Agriculture,
P.O. Box RW,
Lusaka. Applicant's name in full................................................................................................................................................................ Applicant's postal address.......................................................................................................................................................... Name of premises........................................................................................................................................................................ Address of premises................................................................................................................................................................... Railway station or halt used........................................................................................................................................................

......................................................................................................................................................

Type of tobacco to be handled or stored on the premises (Turkish, Virginia, etc.)
.................................................................................................................................................................................................... Calendar year for which licence is required................................................................................................................................ ............................................................................................... (Signature of applicant)
Date............................................................................... (As amended by G.N. No. 90 of 1964)

..... (Signature of applicant)
Date............................................................................... (As amended by G.N. No. 90 of 1964)

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
SECOND SCHEDULE
(Regulation 9)
REPUBLIC OF ZAMBIA
THE PLANT PESTS AND DISEASES ACT
TOBACCO PREMISES LICENCE
This licence is issued in terms of subsection (1) of section 13 of the Plant Pests and
Diseases Act, to.......................................................................................................................................................................... authorising him/them to handle or store cured tobacco in, and to remove cured tobacco to
or from, his/their premises known as.......................................................................................................................................... ..............................................................................................................................at............................................................... This licence is issued for the year..................................... and shall remain in force until the 31st December of that year. ...............................................................................................

remain in force until the 31st December of that year. ...............................................................................................

for Minister of Agriculture
Date Stamp. (As amended by G.N. No. 90 of 1964)