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Wakilii

Plant Protection and Health (Import and Export) Regulations

Statutory Instrument 4 of 2020 Current version · as at 24 January 2020
Enacted2020
Commenced24 January 2020
Last amended
Point-in-time consolidation · as at 24 January 2020. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

7 parts · 78 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Plant Protection and Health (Import and Export) Regulations

Commenced on 24 January 2020

[This is the version of this document at 24 January 2020.]

Part I

10. Importation of timber

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Importation of timber”.

“Importation of timber”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Importation of timber”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
11. Prohibition of importation of soil

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Prohibition of importation of soil”.

“Prohibition of importation of soil”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Prohibition of importation of soil”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
12. Inspections of imports

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Inspections of imports”.

“Inspections of imports”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Inspections of imports”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
13. Precautionary measures on imports

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Precautionary measures on imports”.

“Precautionary measures on imports”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Precautionary measures on imports”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

14. Application for Phytosanitary Certificate

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for Phytosanitary Certificate” applies.

“Application for Phytosanitary Certificate”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
15. Procedure for considering application

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Procedure for considering application” applies.

“Procedure for considering application”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
16. Refusal to issue a Phytosanitary Certificate

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Refusal to issue a Phytosanitary Certificate”.

“Refusal to issue a Phytosanitary Certificate”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Refusal to issue a Phytosanitary Certificate”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
17. General conditions for export

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “General conditions for export”.

“General conditions for export”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “General conditions for export”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
18. Phytosanitary inspections and export certification

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Phytosanitary inspections and export certification”.

“Phytosanitary inspections and export certification”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Phytosanitary inspections and export certification”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
19. Export of endangered plants or plant products

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Export of endangered plants or plant products”.

“Export of endangered plants or plant products”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Export of endangered plants or plant products”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
20. Re-exports

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Re-exports”.

“Re-exports”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Re-exports”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IV

22. Application for registration of pack house

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for registration of pack house” applies.

“Application for registration of pack house”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
23. Alterations of the pack house

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Alterations of the pack house”.

“Alterations of the pack house”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Alterations of the pack house”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
24. Issuance of certificate of registration

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Issuance of certificate of registration”.

“Issuance of certificate of registration”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Issuance of certificate of registration”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
25. Revocation of certificate of registration

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Revocation of certificate of registration”.

“Revocation of certificate of registration”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Revocation of certificate of registration”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part I

1. 'Title

These Regulations may be cited as the Plant Protection and Health (Import and Export) Regulations, 2020.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “'Title”.

“These Regulations may be cited as the Plant Protection and Health (Import and Export) Regulations, 2020.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. These Regulations may be cited as the Plant Protection and Health (Import and Export) Regulations, 2020.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Interpretation

In these regulations, unless the context otherwise requires-

"Act" means the Plant Protection and Heath Act, 2016;

"additional declaration" means a statement that is required by an importing country to be entered in a phytosanitary certificate and which provides specific additional information relating to the phytosanitary condition of a consignment;

"beneficial insect" includes insect that serves the best interests of human's including insect pest predators, parasites and pollinating agents;

"bio-control agent" means any biological agent such as parasite, predator, parasitoid, microbial organism or self-replicating entity that is used for control of pests;

"consignment" means a quantity of plants, plant products or other articles moved from or to Uganda and covered, by a single Phytosanitary Certificate;

"Currency point"; means the value assigned to the currency point in Schedule I

"devitalisation" means the procedure of rendering plants and plant products incapable of germination, growth or further reproduction;

"dossier" means a document containing a collection of information relating on the description, potential hazards, history of usage of an insect, biological control agent or microbial cultures;

"dunnage" means wood packaging material used to secure or support a commodity but which does not remain associated with the commodity;

"grain" does not include a seed certified for planting;

"germplasm" means plants in whole or in part and their propagules including seeds, vegetative parts, tissue cultures, cell cultures, genes and DNA based sequences that are held in a repository or collected from wild as the case may be and are utilized in genetic studies or plant breeding programmes for crop improvement;

"irradiation" means the treatment of food or agricultural products with any type of processing of ionising radiation such as gamma irradiation or micro-electron acceleration processing;

"noxious weed" means any weed harmful, hazardous or unwholesome to human beings, animal life or parasitic on plant species;

"pack house" means premises where a plant, a plant product or regulated articles for export are graded, packaged and coded for purposes of export certification;

"pathway" includes any means that allows the entry or spread of a pest;

"pest risk analysis" means the process of evaluating scientific and economic evidence to determine whether a plant, plant product or other regulated article scientific contains a pest that is regulated or should be regulated and the appropriate strength of phytosanitary measures to be taken against it;

"regulated article" means a plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring and spreading pests that require phytosanitary measures particularly where international movement is involved;

"seed" means propagative material, plants and parts of plants intended for the propagation and multiplication of a plant variety;

"timber" includes a tree or any part of a tree which has fallen or been felled and all wood, whether or not sawn, split, hewn or otherwise cut up or fashioned;

"tissue cultured plant" means any part of a plant or plant tissue or plantlet grown under aseptic or sterile conditions in flasks or other suitable containers on appropriate media and shall include ex-agar washed plantlets.

Part JI-IMpPorTATION OF PLANT OR PLANT PRODUCTS

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In these regulations, unless the context otherwise requires-”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

19
  1. "Act" means the Plant Protection and Heath Act, 2016;
  2. "additional declaration" means a statement that is required by an importing country to be entered in a phytosanitary certificate and which provides specific additional information relating to the phytosanitary condition of a consignment;
  3. "beneficial insect" includes insect that serves the best interests of human's including insect pest predators, parasites and pollinating agents;
  4. "bio-control agent" means any biological agent such as parasite, predator, parasitoid, microbial organism or self-replicating entity that is used for control of pests;
  5. "consignment" means a quantity of plants, plant products or other articles moved from or to Uganda and covered, by a single Phytosanitary Certificate;
  6. "devitalisation" means the procedure of rendering plants and plant products incapable of germination, growth or further reproduction;
  7. "dossier" means a document containing a collection of information relating on the description, potential hazards, history of usage of an insect, biological control agent or microbial cultures;
  8. "dunnage" means wood packaging material used to secure or support a commodity but which does not remain associated with the commodity;

11 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. Application for import permit
(1)

A person who wishes to import any plant, plant product or any other regulated article shall make an application for an importation permit to the Commissioner responsible for crop inspection and certification.

(2)

The application for an importation permit shall specify-

(a)

the name of the plant, plant product or regulated article to be imported;

(b)

the purposes for which the plant, plant product or regulated article to be imported in intended to be used;

(c)

_ the particulars of the consignee;

(d)

_ the particulars of the consignor;

(ce)

the country of origin of the plant or plant products to be imported;

(f)

the quantity of the plant or plant product to be imported; and

(g)

proof of payment of the prescribed fees.

(3)

The application referred to in sub regulation (1) shall be in Form A set out in Schedule IT.

(4)

The Commissioner responsible for crop inspection and certification shall upon receipt of the application conduct a pest risk analysis to determine the suitability of the plant, plant product or regulated article to be imported.

(5)

Where an application for an import permit under sub regulation (1), is in respect of a plant, plant product or regulated article that has previously undergone a pest risk analysis, the Commissioner responsible for crop inspection and certification shall consider the application and communicate his or her decision to the applicant within ten working days.

(6)

Where an application for a permit under sub regulation (1), is in respect of a plant, plant product or regulated article which requires a pest risk analysis to be undertaken, the Commissioner responsible for crop inspection and certification shall consider the application and communicate his or her decision to the applicant within ten working days after conducting a pest risk analysis.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for import permit” applies.

“(1) A person who wishes to import any plant, plant product or any other regulated article shall make an application for an importation permit to the Commissioner responsible for crop inspection and certification.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

13
  1. (1) A person who wishes to import any plant, plant product or any other regulated article shall make an application for an importation permit to the Commissioner responsible for crop inspection and certification.
  2. (2) The application for an importation permit shall specify-
  3. (a) the name of the plant, plant product or regulated article to be imported;
  4. (b) the purposes for which the plant, plant product or regulated article to be imported in intended to be used;
  5. (c) _ the particulars of the consignee;
  6. (d) _ the particulars of the consignor;
  7. (ce) the country of origin of the plant or plant products to be imported;
  8. (f) the quantity of the plant or plant product to be imported; and

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Issuance of an import permit
(1)

The Commissioner responsible for crop inspection and certification shall if satisfied that the applicant meets the requirements of importation of a plant, plant product or regulated article issue an import permit in Form B specified in Schedule II.

(2)

The import permit may be subject to such terms and conditions as the commissioner may deem appropriate.

(3)

Notwithstanding sub regulation (2), the terms and conditions may include-

(a)

a requirement for a phytosanitary certificate or its equivalent;

(b)

arequirement for additional declarations;

(c)

aspecific designated point of entry for the imports;

(d)

applying to consignment specified in the permit only;

(e)

_ the nature of the packaging;

(f)

the nature of the treatment of the consignment;

(g)

the validity of the permit; and

(h)

_ presentation of a plant, plant product or regulated article for inspection at the point of entry.

(4)

A person who imports any plant or plant material without a permit issued under these Regulations commits an offence and is liable on conviction to a term of imprisonment not exceeding six month or fine not exceeding two currency points.

(5)

In addition to the punishment referred to under sub regulation (4), the inspector shall seize the plant, plant products or regulated articles imported by a person convicted under sub regulation (4) and shall deal with them in accordance with section 19 of the Act.

(6)

The terms and conditions specified in the permit shall not be changed or modified without the approval of the Commissioner responsible for crop inspection and certification.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Issuance of an import permit”.

“(1) The Commissioner responsible for crop inspection and certification shall if satisfied that the applicant meets the requirements of importation of a plant, plant product or regulated article issue an import permit in Form B specified in Schedule II.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

14
  1. (1) The Commissioner responsible for crop inspection and certification shall if satisfied that the applicant meets the requirements of importation of a plant, plant product or regulated article issue an import permit in Form B specified in Schedule II.
  2. (2) The import permit may be subject to such terms and conditions as the commissioner may deem appropriate.
  3. (3) Notwithstanding sub regulation (2), the terms and conditions may include-
  4. (a) a requirement for a phytosanitary certificate or its equivalent;
  5. (b) arequirement for additional declarations;
  6. (c) aspecific designated point of entry for the imports;
  7. (d) applying to consignment specified in the permit only;
  8. (e) _ the nature of the packaging;

6 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
5. | General requirements for importation
(1)

Any plant, plant product or regulated article imported under these Regulations shall be held, grown and maintained in compliance with the conditions stated in the permit, and shall be made available to the Inspector for examination at all reasonable times.

(2)

An importer shall furnish the exporting country with the copy of the import permit for processing of the consignment and in case of any additional declarations, the exporting country shall be required to endorse the additional declarations on the phytosanitary certificate issued for the importation of the commodity.

(3)

Upon arrival of the consignment at the point of entry, an importer shall declare the consignment and accompanying documents to an inspector for purposes of inspection.

(4)

The inspector shall examine the documents and the consignmentto verify the authenticity or otherwise of the accompanying documents including the original copy of the import permit and the phytosanitary certificate.

(5)

If the consignment requires testing or treatment, an inspector at the entry point shall recommend the type of testing or treatment required and the treatment or testing shall be under the supervision of an Inspector.

(6)

Where an inspector recommends that the consignment should be destroyed or quarantined it shall be carried out under the direction and supervision of the Commissioner responsible for crop inspection and certification at the expense of the owner of the consignment.

(7)

Where the quantity that is permissible for importation as specified in the import permit is in excess by at least ten percent as specified in the phytosanitary certificate, the consignment may be allowed upon payment of an additional inspection fee and import permit fee.

(8)

The import permit issued under these Regulations shall not be transferable or assignable and no amendments shall be made to the permit unless permitted by the Commissioner responsible for crop inspection and certification.

(9)

Aconsignment of seed or plant for propagation and regulated articles including live insects, microbial cultures, bio-control agents, germplasm and soil shall only be imported through a Plant Quarantine Station or a designated containment facility.

(10)

For purposes of re-exports imported in Uganda the consignment, shall be accompanied by a pay Sailany certificate and the re-export phytosanitary certificate.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “| General requirements for importation”.

“(1) Any plant, plant product or regulated article imported under these Regulations shall be held, grown and maintained in compliance with the conditions stated in the permit, and shall be made available to the Inspector for examination at all reasonable times.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) Any plant, plant product or regulated article imported under these Regulations shall be held, grown and maintained in compliance with the conditions stated in the permit, and shall be made available to the Inspector for examination at all reasonable times.
  2. (2) An importer shall furnish the exporting country with the copy of the import permit for processing of the consignment and in case of any additional declarations, the exporting country shall be required to endorse the additional declarations on the phytosanitary certificate issued for the importation of the commodity.
  3. (3) Upon arrival of the consignment at the point of entry, an importer shall declare the consignment and accompanying documents to an inspector for purposes of inspection.
  4. (4) The inspector shall examine the documents and the consignmentto verify the authenticity or otherwise of the accompanying documents including the original copy of the import permit and the phytosanitary certificate.
  5. (5) If the consignment requires testing or treatment, an inspector at the entry point shall recommend the type of testing or treatment required and the treatment or testing shall be under the supervision of an Inspector.
  6. (6) Where an inspector recommends that the consignment should be destroyed or quarantined it shall be carried out under the direction and supervision of the Commissioner responsible for crop inspection and certification at the expense of the owner of the consignment.
  7. (7) Where the quantity that is permissible for importation as specified in the import permit is in excess by at least ten percent as specified in the phytosanitary certificate, the consignment may be allowed upon payment of an additional inspection fee and import permit fee.
  8. (8) The import permit issued under these Regulations shall not be transferable or assignable and no amendments shall be made to the permit unless permitted by the Commissioner responsible for crop inspection and certification.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Expiry of the import permit
(1)

An import permit issued under regulation 4, shall be valid for six months from the date of issue and shall only be used for the prescribed entry point and specified consignment.

(2)

Notwithstanding sub regulation (1), the Commissioner responsible for crop inspection and certification may, on application, extend the validity of an import permit for a further period of six months upon payment of a fee prescribed in Schedule III.

(3)

The application for extension under sub regulation (2), shall be made in writing to the commissioner with justifiable reasons at least one month before the expiry of the import permit.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Expiry of the import permit”.

“(1) An import permit issued under regulation 4, shall be valid for six months from the date of issue and shall only be used for the prescribed entry point and specified consignment.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) An import permit issued under regulation 4, shall be valid for six months from the date of issue and shall only be used for the prescribed entry point and specified consignment.
  2. (2) Notwithstanding sub regulation (1), the Commissioner responsible for crop inspection and certification may, on application, extend the validity of an import permit for a further period of six months upon payment of a fee prescribed in Schedule III.
  3. (3) The application for extension under sub regulation (2), shall be made in writing to the commissioner with justifiable reasons at least one month before the expiry of the import permit.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Refusal to grant an import permit
(1)

The Commissioner responsible for crop inspection and certification may refuse to grant an import permit under these Regulations and shall give reasons for the refusal in writing within seven days from the date of the refusal.

(2)

The Commissioner responsible for crop inspection and certification may refuse to issue an import permit on any of the following grounds-

(a)

where there is a risk that cannot be managed; (b) if the applicant fails to comply with the provisions of the Act or these Regulations; (c) | if the pest risk analysis has not been conducted; or (d) if the applicant has previously failed to comply with an order of Commissioner responsible for crop inspection or certification made under the Act or these regulations.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Refusal to grant an import permit”.

“(1) The Commissioner responsible for crop inspection and certification may refuse to grant an import permit under these Regulations and shall give reasons for the refusal in writing within seven days from the date of the refusal.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) The Commissioner responsible for crop inspection and certification may refuse to grant an import permit under these Regulations and shall give reasons for the refusal in writing within seven days from the date of the refusal.
  2. (2) The Commissioner responsible for crop inspection and certification may refuse to issue an import permit on any of the following grounds-
  3. (a) where there is a risk that cannot be managed; (b) if the applicant fails to comply with the provisions of the Act or these Regulations; (c) | if the pest risk analysis has not been conducted; or (d) if the applicant has previously failed to comply with an order of Commissioner responsible for crop inspection or certification made under the Act or these regulations.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Importation for research purposes
(1)

A person who wishes to import any plant, plant product or any other regulated article for purposes of essential scientific research or experiment under section 15 of the Act shall apply to the Minster for an importation permit.

(2)

The application referred to in sub regulation (1) shall be in respect of anything for purposes of essential scientific research or - experiment permit and shall include -

(a)

germplasm;

(b)

microbial organism;

(c)

insect; or

(d)

genetically modified organisms.

(3)

In addition to the requirements specified in regulation 3 of these Regulations an application to import genetically modified organism for research or experimental purposes shall be accompanied by a letter of no objection issued by the Uganda National Council for Science and Technology.

(4)

The imported consignment of genetically modified organisms or biological control agents shall not be opened at the point of entry, but shall be accompanied by an inspector, to the containment facility for verification and inspection.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Importation for research purposes”.

“(1) A person who wishes to import any plant, plant product or any other regulated article for purposes of essential scientific research or experiment under section 15 of the Act shall apply to the Minster for an importation permit.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) A person who wishes to import any plant, plant product or any other regulated article for purposes of essential scientific research or experiment under section 15 of the Act shall apply to the Minster for an importation permit.
  2. (2) The application referred to in sub regulation (1) shall be in respect of anything for purposes of essential scientific research or - experiment permit and shall include -
  3. (a) germplasm;
  4. (b) microbial organism;
  5. (c) insect; or
  6. (d) genetically modified organisms.
  7. (3) In addition to the requirements specified in regulation 3 of these Regulations an application to import genetically modified organism for research or experimental purposes shall be accompanied by a letter of no objection issued by the Uganda National Council for Science and Technology.
  8. (4) The imported consignment of genetically modified organisms or biological control agents shall not be opened at the point of entry, but shall be accompanied by an inspector, to the containment facility for verification and inspection.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
9. Import of live insects, biological control

agents or microbial cultures (1) Where an application for an import permit in respect of importation of live insects, micro cultures including mushroom spawns and algae or biological control agents, the application shall be made to the Commissioner responsible for crop inspection and certification in Form C prescribed in Schedule II.

(2)

In addition to the requirements specified in regulation 3 of these Regulations an application to import made under sub regulation (1) shall be accompanied by-

(a)

proof of a containment facility; (b) astatement of bio safety levels and arrangement; (c) a monitoring plan for the imported insect, biological control agents or microbial cultures; (d) proof of trained staff to manage the imported insect, biological control agents or microbial cultures; and (ec) acopy of dossier of the imported insect, biological control agents or microbial cultures.

(3)

A consignment of live insects, micro cultures including mushroom spawns and algae or biological control agents shall only enter Uganda through a permissible or designated point of entry with a specified plant quarantine station or designated containment facility.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Import of live insects, biological control”.

“agents or microbial cultures (1) Where an application for an import permit in respect of importation of live insects, micro cultures including mushroom spawns and algae or biological control agents, the application shall be made to the Commissioner responsible for crop inspection and certification in Form C prescribed in Schedule II.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (2) In addition to the requirements specified in regulation 3 of these Regulations an application to import made under sub regulation (1) shall be accompanied by-
  2. (a) proof of a containment facility; (b) astatement of bio safety levels and arrangement; (c) a monitoring plan for the imported insect, biological control agents or microbial cultures; (d) proof of trained staff to manage the imported insect, biological control agents or microbial cultures; and (ec) acopy of dossier of the imported insect, biological control agents or microbial cultures.
  3. (3) A consignment of live insects, micro cultures including mushroom spawns and algae or biological control agents shall only enter Uganda through a permissible or designated point of entry with a specified plant quarantine station or designated containment facility.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Importation of timber
(1)

The Commissioner for crop protection and certification shall only issue an import permit in respect ofa consignment for timber if-

(a)

_ the timber is stripped of its bark either squared or rounded;

(b)

the timber is accompanied by an official statement that wood has been appropriately fumigated or treated; (c) the consignment is accompanied by a treatment certificate;

(d)

the nature of the treatment or fumigation is endorsed on the phytosanitary certificate issued by country of origin or re-export, as the case may be; and

(e)

the timber is marked with an internationally recognized mark.

(2)

An inspector shall inspect a consignment of imported timber on board, before unloading at the port of entry, and if he or she finds it necessary to fumigate or treat the timber on board, the timber shall be fumigated or treated at the cost of the importer, before unloading.

11. Prohibition of importation of soil
(1)

A person shall not import soil or soil rooted plants except plants rooted in soilless sterile media.

(2)

A person who contraventions sub regulation (1) commits an offence and is liable on conviction to six months imprisonment or fine not exceeding two currency points or both.

12. Inspections of imports
(1)

Aconsignment of imported plants, plant products or regulated articles shall be inspected by an inspector at the point of entry point or designated facility for inspection in accordance with the Act and these Regulations.

(2)

For the purpose of this regulation an inspector shall-

(a)

inspect a plant, plant product and other regulated articles at the point of entry or another place as he or she may reasonably consider necessary;

(b)

inspect a vehicle, aircraft, container or other things used in connection with the transportation of a plant, plant product or other regulated articles and require a person in charge or control of a vehicle, aircraft, container or other thing used in connection with transportation to restrain from moving it until is inspected;

(c)

where an inspector has found that the imported plant, plant 'product or regulated article presents a risk for introduction or spread of pests, the inspector may at the expense of the importer-

(i)

intercept the consignment and order that the consignment be moved to a designated place or facility further inspection;

(ii)

order for treatment or fumigation as prescribed;

(iii)

order for re-export; or (iv) seize and destroy in accordance with section 19 of the Act.

(3)

An inspector shall not conduct an inspection under these Regulations except an importer furnishes to the inspector proof of payment of the inspection fees prescribed in Schedule III.

(4)

If the inspector is of the opinion that imported plants, plant products or regulated articles do not present any risk for spread of | pests, the inspector shall issue an inspection certificate for every consignment inspected and release the consignment to the importer.

(5)

If the inspector is of the opinion that imported plants, plant products or regulated articles present any risk for spread of pests, the inspector shall seize and destroy imported plants, plant products or regulated articles in accordance with section 19 of the Act.

(6)

An inspector who seizes and destroys imported plants, plant products or regulated articles under sub regulation (5), shall issue an importer a certificate of destruction for every consignment destroyed in Form C-1 prescribed in Schedule II.

13. Precautionary measures on imports

The Commissioner responsible for inspection and certification may with the guidance of the Plant Protection and Health Technical Committee, for purposes of protecting plant resources and the environment-

(a)

prohibit or restrict importation and entry of any plants, plant products or other regulated articles;

(b)

take any necessary action to prevent the introduction of or spread of pests not known to occur in Uganda that may be caused by imports;

(c)

declare phytosanitary emergency measures; or

(d)

permit entry of any plant, plant product or regulated articles for limited purposes.

Part III

14. Application for Phytosanitary Certificate
(1)

A person who intends to export a plant, plant product or regulated article shall apply to the Commissioner responsible for crop inspection and certification for a phytosanitary certificate in Form D specified in Schedule II.

(2)

The application for a phytosanitary certificate shall be accompanied by-

(a)

the import permit or import conditions issued by the importing country, as the case may be;

(b)

the name of the plant, plant product or regulated article to be exported;

(c)

the purposes for which the plant, plant product or regulated article to be exported is intended to be used for;

(d)

the particulars ofthe consignee;

(c)

the particulars of the consignor;

(f)

the point of entry;

(g)

means of transport to ne used;

(h)

place oforigin;

(i)

a copy of the certificate of registration of pack house;

() the quantity of the plant or plant product to be exported; and

(k)

proof of payment of the prescribed fees.

(3)

For a person intending to export a plant, plant product or regulated article or soil material of uncertain health status, the applicant shall apply to the Commissioner responsible for crop inspection and certification in Form D prescribed in Schedule II] for permission to export.

(4)

The permission to export under sub regulation (3) shall be issued in Form X prescribed in Schedule II.

15. Procedure for considering the application
(1)

That upon receipt of the application for a phytosanitary certificate, the Inspector shall inspect the consignment specified in the application upon payment of inspection fees and submit an inspection report to the Commissioner responsible for crop inspection and certification within at least three days.

(2)

Where the Commissioner responsible for Crop inspection and certification is satisfied that the applicant has satisfied all the requirements shall he or she issue a phytosanitary certificate in Form E prescribed in Schedule II.

(3)

A phytosanitary certificate shall indicate the expiry date of the certificate based on the nature of the plant, plant product or regulated article being exported and the means of transportation.

16. Refusal to issue a Phytosanitary certificate
(1)

If the Commissioner for crop protection and certification is of the opinion that the applicant has not fulfilled the requirements for the grant of the phytosanitary certificate, the commissioner shall refuse to grant a Phytosanitary certificate and communicate in writing to applicant and any other relevant authority stating the reasons for refusal to grant the certificate at least within five days from the date of refusal.

(2)

The grounds for refusal include-

(a)

failure to comply with the conditions in the import permit issued by the importing country;

(b)

if the consignment contains prohibited materials from export; ;

(c)

if the plant or plant products are prohibited in the country where they are intended to be exported;

(d)

if the plant or plant products are not properly packaged or labelled; and

(c)

if the application does not comply with the provisions of the Act or these Regulations.

(3)

Where the Commissioner responsible for crop inspection and certification refuses to grant a Phytosanitary certificate and re submit an application to the Commissioner may require the exporter to take remedial measures on the consignment.

17. General conditions for export

A person who intends to export any plant, plant product or regulated articles shall fulfill the following conditions-

(a)

accompany a valid phytosanitary certificate and, all the required documentation by the importing country, issued by the Commissioner;

(b)

export through a designated exit point;

(c)

exports shall be clearly marked, identified or appropriately labelled as determined by the Commissioner; and

(d)

exports shall be declared to an inspector and made available for inspection at the point of exit.

18. Phytosanitary inspections and export certification
(1)

The exporter shall prepare the consignment for inspection prior to export and make formal request for inspection only when the consignment is ready for export.

(2)

A consignment for export shall be inspected by an inspector at a designated inspection site.

(3)

For purposes of exports relating to fruits and vegetables, the exporter shall provide with the inspector, prior to the inspection, the following-

(a)

_ planting returns;

(b)

harvest records;

(c)

scouting records; and

(d)

agrochemical use record.

19. Export of endangered plants or plant products

Subject to regulation 15 of these Regulations, a person shall only be issued with phytosanitary certificate to export endangered plants or plant products if he or she is in possession of CITES permits issued by the Uganda wildlife Authority.

20. Re-exports
(1)

A person intending to re-export plant, plant products or regulated articles shall make an application to the Commissioner responsible for inspection and certification for a re-export phytosanitary certificate.

(2)

The application shall be in Form A set out in Schedule II.

(3)

Subject to regulation 14 of these Regulations, the Commissioner responsible for crop inspection and certification shall issue a re-export Phytosanitary Certificate id he or she is satisfied that-

(a)

the phytosanitary certificate or its certified copy where issued by the exporting country;

(b)

the requirements of the importing country have been met; (c) the consignment has been inspected and found suitable for re-export;

(d)

the applicant has complied with the terms and conditions in the import permit;

(ec)

the consignment has not been processed to change its nature; and

(f)

_ there is proof of payment of the prescribed fees in Schedule Il.

(4)

A consignment of plant, plant products or regulated articles shall not be re-exported out of Uganda unless-

(a)

it is accompanied by a copy of Phytosanitary Certificate and a re-export Phytosanitary Certificate;

(b)

acopy of the import permit or import conditions issued by the competent Authority of the importing country; and

(c)

it is clearly marked and identified as a re-export.

(5)

Where the Commissioner responsible for inspection and certification is satisfied that the consignment is fit for re-export, he or she shall issue a re-export Phytosanitary Certificate.

(6)

The re-export Phytosanitary Certificate shall be in the Form F as prescribed in Schedule II.

Part IV

21. Registration of pack house
(1)

A person shall not operate a pack house for purposes of exports of plant, plant products or regulated articles unless the pack house is registered under these Regulations.

(2)

Any person who contravenes sub regulation (1) commits an offence and is liable on conviction to a fine not exceeding two currency points or a term of imprisonment not exceeding six months or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Registration of pack house”.

“(1) A person shall not operate a pack house for purposes of exports of plant, plant products or regulated articles unless the pack house is registered under these Regulations.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not operate a pack house for purposes of exports of plant, plant products or regulated articles unless the pack house is registered under these Regulations.
  2. (2) Any person who contravenes sub regulation (1) commits an offence and is liable on conviction to a fine not exceeding two currency points or a term of imprisonment not exceeding six months or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
22. Application for registration of pack house
(1)

A person who intends to export plant, plant products or regulated articles shall make an application in writing to the Commissioner responsible for crop inspection and certification for registration of pack house for export under which the export of plant, plant products or regulated articles for export takes place.

(2)

The application for registration of a pack house shall be accompanicd by the proof of payment of the prescribed fees specified in Schedule III.

(3)

The Commissioner responsible for crop inspection and certification shall prior to issuing a certificate of registration of pack house, inspect the premises fixtures, equipment and other physical attributes the pack house to determine that the pack house is suitable for the purpose for which the certificate is to be issued.

(4)

Where the Commissioner responsible for crop inspection and certification is satisfied that the pack house, fixtures, equipment and other physical attributes of the pack house in respect of which an application is made, render the pack house suitable for the purpose, the Commissioner responsible for crop inspection and certification shall issue a certificate of registration of the pack house.

(5)

The certificate of registration ofa pack house shall be in the Form G as prescribed in Schedule II.

23. Alterations of the pack house
(1)

A person whose pack house is registered under regulation 22, shall not make any alteration to the registered pack house except with the approval of the Commissioner responsible for crop inspection and certification.

(2)

A person who intends to make alterations under sub regulation (1) shall make an application to the Commissioner responsible for crop inspection and certification for approval and the application shall specify the proposed alterations.

24. Issuance of certificate of registration
(1)

The Commissioner responsible for crop inspection and certification shall consider the application made under regulation 22 and if satisfied that the proposed alteration to the premises, fixtures, equipment and other physical attributes of the pack house in respect of which an application is made, render the pack house suitable for the purpose, the Commissioner responsible for crop inspection and certification shall issue a certificate of registration of pack house specifying the terms and conditions.

(2)

The Commissioner responsible for crop inspection and certification may refuse to issue a certificate of registration if he or she finds that-

(a)

the premises, fixtures, equipment and other physical attributes are not suitable for the intended purpose; or

(b)

the application does not comply with the provisions of these Regulations and the Act.

(3)

The certificate of registration of pack houses issued under these Regulations shall be valid for three years and subject to renewal.

(4)

The certificate issued under sub regulation (1) shall be placed conspicuously in the principal place of business of the certificate holder.

(5)

Where the Commissioner responsible for crop inspection and certification refuses to issue a certificate of registration under sub regulation (1) shall give reasons in writing to the applicant.

25. Revocation of certificate of registration
(1)

The Commissioner responsible for crop inspection and certification may revoke the certificate of registration if-

(a)

the premises, fixtures, equipment and other physical attributes are no longer suitable for the purpose for which they were registered;

(b)

the persons in control or management of the pack house contravenes any of the terms and conditions specified in the certificate of registration; or

(c)

the persons in control or management of the pack house does not operate in accordance with the provisions of these Regulations and the Act.

(2)

The Commissioner responsible for crop inspection and certification shall give a notice of fourteen days to the persons in control or management of the pack house to show cause why the certificate of registration is not revoked.

(3)

If the certificate of registration is revoked, the holder of the certificate shall surrender the certificate of registration to the Commissioner responsible for inspection and certification.

(4)

A person who refuses to surrender the certificate of registration under sub regulation (3), commits an offence and is liable on conviction to imprisonment not exceeding six months or fine not exceeding two currency points or both.

(5)

Upon revocation of the certificate of registration of the pack houses shall be cease to operate.

Part V

26. Packaging
(1)

A person who imports or exports plant, plant products or regulated articles shall use packaging that is-

(a)

of sufficient strength and sealing to withstand reasonable handling;

(b)

tamper proof;

(c)

leak proof; and

(d)

clean and not previously used.

(2)

A person who fails to comply with sub regulation (1) shall have his or her plant, plant products or regulated articles confiscated and destroyed in accordance with the provisions of the Act.

(3)

An import wrapped or cushioned by regulated articles, prohibited materials or materials of plant origin including timber straw, rice husks, peat or chaff shall be referred to an inspector for inspection where the consignment is accompanied with a phytosanitary certificate in respect of the packaging.

(4)

Where phytosanitary certificate is not furnished in respect of the said packaging materials in sub regulation (3), a customs officer or any other person shall not grant clearance unless clearance is obtained from the inspector who shall permit clearance and may if deemed necessary subject the said materials to destruction at the expense of the importer.

(5)

An import packaged with plant, plant products or regulated articles shall not be released by customs officials unless an inspection referred to in sub regulation (3) is conducted and the inspectors recommends that the imports be released.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Packaging”.

“(1) A person who imports or exports plant, plant products or regulated articles shall use packaging that is-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

9
  1. (1) A person who imports or exports plant, plant products or regulated articles shall use packaging that is-
  2. (a) of sufficient strength and sealing to withstand reasonable handling;
  3. (b) tamper proof;
  4. (c) leak proof; and
  5. (d) clean and not previously used.
  6. (2) A person who fails to comply with sub regulation (1) shall have his or her plant, plant products or regulated articles confiscated and destroyed in accordance with the provisions of the Act.
  7. (3) An import wrapped or cushioned by regulated articles, prohibited materials or materials of plant origin including timber straw, rice husks, peat or chaff shall be referred to an inspector for inspection where the consignment is accompanied with a phytosanitary certificate in respect of the packaging.
  8. (4) Where phytosanitary certificate is not furnished in respect of the said packaging materials in sub regulation (3), a customs officer or any other person shall not grant clearance unless clearance is obtained from the inspector who shall permit clearance and may if deemed necessary subject the said materials to destruction at the expense of the importer.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
27. Labelling
(1)

A person who intends to import or export a plant, plant products or regulated articles shall label the plant, plant products or regulated articles for purposes of traceability.

(2)

The label on the package of a plant, plant products or regulated articles shall include- (a) the name of the plant, plant products or regulated articles;

(b)

| the name and address or contact information of an importer, exporter and producer;

(c)

_ the lot identification or batch number; (d) the certification mark; and (e) the intended use.

(3)

The label under subsection (1) shall-

(a)

_ beprinted in English or any other language approved by the Commissioner responsible for inspection and certification; and

(b)

_ be legible, durable and distinct from any other plant, plant products or regulated articles on the market.

(4)

A plant, plant products or regulated articles that is imported in contravention of this regulation shall be treated as illegally imported materials and section 19 of the Act shall apply.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Labelling”.

“(1) A person who intends to import or export a plant, plant products or regulated articles shall label the plant, plant products or regulated articles for purposes of traceability.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

8
  1. (1) A person who intends to import or export a plant, plant products or regulated articles shall label the plant, plant products or regulated articles for purposes of traceability.
  2. (2) The label on the package of a plant, plant products or regulated articles shall include- (a) the name of the plant, plant products or regulated articles;
  3. (b) | the name and address or contact information of an importer, exporter and producer;
  4. (c) _ the lot identification or batch number; (d) the certification mark; and (e) the intended use.
  5. (3) The label under subsection (1) shall-
  6. (a) _ beprinted in English or any other language approved by the Commissioner responsible for inspection and certification; and
  7. (b) _ be legible, durable and distinct from any other plant, plant products or regulated articles on the market.
  8. (4) A plant, plant products or regulated articles that is imported in contravention of this regulation shall be treated as illegally imported materials and section 19 of the Act shall apply.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
28. Tampering with a package
(1)

A person shall not- (a) tamper with the packaged plant, plant products or regulated articles; (b) willfully remove; (c) alter; or (d) deface, the prescribed tags, labels, marking or other information placed on the package of plant, plant products or regulated articles.

(2)

A person who contravenes this provision commits an offence and is, on conviction liable to a fine not exceeding two currency points or to a term of imprisonment not exceeding six months or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Tampering with a package”.

“(1) A person shall not- (a) tamper with the packaged plant, plant products or regulated articles; (b) willfully remove; (c) alter; or (d) deface, the prescribed tags, labels, marking or other information placed on the package of plant, plant products or regulated articles.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person shall not- (a) tamper with the packaged plant, plant products or regulated articles; (b) willfully remove; (c) alter; or (d) deface, the prescribed tags, labels, marking or other information placed on the package of plant, plant products or regulated articles.
  2. (2) A person who contravenes this provision commits an offence and is, on conviction liable to a fine not exceeding two currency points or to a term of imprisonment not exceeding six months or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
29. Transportation
(1)

A person transporting plant, plant product or regulated articles shall use means of transport that secure the plant, plant product or regulated articles from exposure to damage, contamination or the likely spread of pests.

(2)

An inspector may intercept and inspect a vehicle, container or any other means of conveyance used to transport a plant, plant product or other regulated articles and require a person in charge or control of the means of conveyance to restrain from moving it until the plant, plant product or other regulated articles is inspected.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Transportation”.

“(1) A person transporting plant, plant product or regulated articles shall use means of transport that secure the plant, plant product or regulated articles from exposure to damage, contamination or the likely spread of pests.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Transportation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person transporting plant, plant product or regulated articles shall use means of transport that secure the plant, plant product or regulated articles from exposure to damage, contamination or the likely spread of pests.
  2. (2) An inspector may intercept and inspect a vehicle, container or any other means of conveyance used to transport a plant, plant product or other regulated articles and require a person in charge or control of the means of conveyance to restrain from moving it until the plant, plant product or other regulated articles is inspected.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
30. Cooperation with other government agencies
(1)

In the performance of their functions, an inspector or the Commissioner, shall cooperate with other ministries, departments or agencies of Government.

(2)

For the purposes of implementing these Regulations, the Commissioner may enter into an arrangement with a ministry, department or agency of Government relating to-

(a)

the exchange of information between the Commissioner and that ministry, department or agency of Government;

(b)

enforcement of the compliance of the Act and these Regulations;

(c)

modalities of clearance of plant, plant products or regulated articles clearance at the points of entry or exit points; or

(d)

the conduct of investigations and inspections.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Cooperation with other government agencies”.

“(1) In the performance of their functions, an inspector or the Commissioner, shall cooperate with other ministries, departments or agencies of Government.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) In the performance of their functions, an inspector or the Commissioner, shall cooperate with other ministries, departments or agencies of Government.
  2. (2) For the purposes of implementing these Regulations, the Commissioner may enter into an arrangement with a ministry, department or agency of Government relating to-
  3. (a) the exchange of information between the Commissioner and that ministry, department or agency of Government;
  4. (b) enforcement of the compliance of the Act and these Regulations;
  5. (c) modalities of clearance of plant, plant products or regulated articles clearance at the points of entry or exit points; or
  6. (d) the conduct of investigations and inspections.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
31. Maintenance and preservation of records
(1)

The Commissioner responsible for crop inspection and certification shall keep and maintain all the records concerning all the activities performed under these Regulations for at least two years from the date when the record is received or generated by the Commissioner responsible for crop inspection and certification.

(2)

The records to be maintained in relation to grant of a phytosanitary certificate shall include-

(a)

any inspection, testing, treatment or other verification which was conducted on the consignment;

(b)

the names of the personnel who undertook the inspection, testing, treatment or other verification;

(c)

_ the date on which the activity was undertaken;

(e)

the results obtained; and

(f)

| any sample taken and diagnosed in the laboratory.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Maintenance and preservation of records”.

“(1) The Commissioner responsible for crop inspection and certification shall keep and maintain all the records concerning all the activities performed under these Regulations for at least two years from the date when the record is received or generated by the Commissioner responsible for crop inspection and certification.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The Commissioner responsible for crop inspection and certification shall keep and maintain all the records concerning all the activities performed under these Regulations for at least two years from the date when the record is received or generated by the Commissioner responsible for crop inspection and certification.
  2. (2) The records to be maintained in relation to grant of a phytosanitary certificate shall include-
  3. (a) any inspection, testing, treatment or other verification which was conducted on the consignment;
  4. (b) the names of the personnel who undertook the inspection, testing, treatment or other verification;
  5. (c) _ the date on which the activity was undertaken;
  6. (e) the results obtained; and
  7. (f) | any sample taken and diagnosed in the laboratory.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
32. Appeals
(1)

A person aggrieved by the decision of the inspector may appeal to the Commissioner and in case the appeal is against the decision of the Commissioner, the appeal shall be made to the Minister.

(2)

The appeal under sub regulation (1) shall be made in writing within thirty days from the date of the decision.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Appeals”.

“(1) A person aggrieved by the decision of the inspector may appeal to the Commissioner and in case the appeal is against the decision of the Commissioner, the appeal shall be made to the Minister.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A person aggrieved by the decision of the inspector may appeal to the Commissioner and in case the appeal is against the decision of the Commissioner, the appeal shall be made to the Minister.
  2. (2) The appeal under sub regulation (1) shall be made in writing within thirty days from the date of the decision.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
33. Unclaimed plant, plant products or regulated articles
(1)

An inspector may destroy or otherwise dispose of any plant, plant product or regulated article which on importer abandons or which remains unclaimed at a quarantine station for at least six months, or within reasonable time, in the case of perishables.

(2)

The destruction or disposal referred to in sub regulation (1) shall be at the expense of the importer or owner but where the owner or importer is not traceable, the destruction shall be at the expense of Government.

SCHEDULES

SCHEDULE I- Regulation 2

CURRENCY POINT

A currency point is equivalent to Twenty thousand Uganda shillings. -

SCHEDULE II

FORMS

FORMA Regulation 3

THE PLANT PROTECTION AND HEALTH ACT, 2016 APPLICATION FORM FOR IMPORT PERMIT OF PLANTS,

Senay PLANT PRODUCTS OR REGULATED ARTICLES

(Please read the instructions given below carefully) I/We hereby apply for a _ Plant Importation Permit to IMPOMt. 0... cece cece cee e eee etteeeeeeeee into Uganda from...........csceeeeeeeeeee

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Unclaimed plant, plant products or regulated articles”.

“(1) An inspector may destroy or otherwise dispose of any plant, plant product or regulated article which on importer abandons or which remains unclaimed at a quarantine station for at least six months, or within reasonable time, in the case of perishables.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An inspector may destroy or otherwise dispose of any plant, plant product or regulated article which on importer abandons or which remains unclaimed at a quarantine station for at least six months, or within reasonable time, in the case of perishables.
  2. (2) The destruction or disposal referred to in sub regulation (1) shall be at the expense of the importer or owner but where the owner or importer is not traceable, the destruction shall be at the expense of Government.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. Nature of 1MpOlt ss cccessevecsenesssssnevensssansasasmenensaswesveay

(Whether plant, plant product or regulated article)

Quantity to be imported ......... cc cece eects eee eeeeeeeeeeeneneeseeeeeeeeees

4. Name and address of importer(s) .............cececeeeeseeeeeeeeseneneneaeens

5 Namcand address of Exporter(s) .........sssscseseserecesecsceseseeeeeeeeeees

6 Name of vessel or particulars Of rOUte .........cccscseceeeeseeeeeeeeens

(Whether air freight, air parcel post, surface post, surface freight)

7. The purpose ofthe imports... ...... cece

ces cee cee cee cee cee cee cee cee cae cae eas eaee Dated on this ........... day Of .......6+. 2 Ovcousweas

OPP P rere ere errr eee eee rere ere ee eee e reer eer ess

(Name ofApplicant)

INSTRUCTIONS:

1. The above application form should be filled in duplicate
(a)

ORIGINAL to be forwarded to the Commissioner for crop protection and certification

(b)

Permits will only be issued if the above application is filled into the satisfaction of the officer named in I(a) above.

2. _No application will be entertained

where the order has been placed before the receipt of the Plant Importation Permit in question.

FORM B

Regulation 4

THE PLANT PROTECTION AND HEALTH ACT, 2016

Permit No. ...c10 seve cee cee cence

IMPORT PERMIT PLANTS, PLANT PRODUCT OR

REGULATED ARTICLES

Dates ssaseawssasvaarannaacrennes

The importer must furnish the supplier with a copy of this Import Permit before plants, plant products and regulated articles are dispatched.

POPP eeeeeee rere ere eee ere rer rer errr rer rer errr rere rrr rere rer errr rere errr r reer rere rer rere rey

Subject to the following conditions:

1. All plants/plant products/regulated articles to be

produce and grown in eee e cere e cence cree aces se eee ee esssessesesssssesesessseseses

2. Theconsignment to be inspected on arrival

and the importing authority reserves the right to treat, destroy or refuse the importation.

3. Plants, plant products or regulated articles

shall be entirely free from soil, chaff and/or leaf mould.

4. Each consignment shall be accompanied with

an original copy of this Import Permit and Phytosanitary Certificate (International model or its equivalent) from country of origin.

Additional declaration:

Failure to furnish the required certificates may result in prohibition of entry of the plant/plant products/regulated articles.

5. Packaging

The following materials must not be used: banana leaves maize, rice, sorghum, palm, wheat straw, soil or leaf mould. If any other plant residue is used as packaging material, the consignment must be accompanicd by a certificate stating: All pests have been killed before use of the material cither by heating to 180° F/83°C, for ten minutes or by chemical treatment. (N.B.: Details to be stated on Phytosanitary Certificate).

This permit is valid for six months from the date of issue, but may be cancelled at any time by the Commissioner Crop Protection or by an officer Authorized by the Commissioner to issue the permit on his or her behalf.

Orr re errr errr ree ee eee eee ee eee eee eee ey

Official Stamp

Title ofAuthorized Officer

Copies to:

(a)

Original: Consignor: must accompany consignment

(b)

Duplicate: Commissioner, Crop Protection

(c)

triplicate: Principal Agricultural Inspector (Phytosanitary and Quarantine)

The permission is hereby granted in addition to any permission or licence required under any other law.

Full name and address of supplier to be stated.

Delete whichever is not applicable

ee

FORM C

Regulation 9

THE PLANT PROTECTION AND HEALTH ACT, 2016 APPLICATION TO IMPORT LIVE INSECTS, MICRO CULTURES OR BIOLOGICAL CONTROLAGENTS

Name and the address ofthe applicant ...............scecccceeccscceseccsecceeccs

1. The details of the live insects

and or Biological Control agents to be imported

2 Quantity to be imported ..........c.cccceseseceecceeseececcaesscceceee ccees

3 Country Of Origin oo... eececcccsesseccccceeecccecuscecceccusecesceecess

4 Name and address of importer(s) if different from the applicant ......

5 Name and address of Exporter(s)..........cccssececcccccessesseeeeesces

¢ Name of vessel or particulars of route............0s0ssscececeeeeeeeceeeeees

(Whether air freight, air parcel post, surface post, surface freight) |

Documentation

1. The application Must be accompanied by

a dossier detailing the nature of the live insects or the biological control agents

2. Detailed transportation plan for the live

insects or biological control agents to be imported

3. Evidence of an accredited/certified containment facility

for live insects or biological control agents

Date - (Signature of Applicant)

(Name of Applicant)

---

a

Regulation 12 (6)

FORM C-1

THE PLANT PROTECTION AND HEALTH ACT, 2016 Destruction Certificate No.

Case Ref/ Clients Name

Point of Entry( Boarder point) Reference Number and date

/ Bill of lading No. AWB

Distinguishing marks

Number and description of packages

Declared name and address of consignee

Place of origin

Declared means of conveyance

Value of Goods at Importation

Authority for Destruction Name

Rank

Signature

This is to certify that the plants, plant products or other regulated articles described herein have been destroyed according to appropriate official procedures.

I hereby certify that I witnessed the destruction of the above goods.

1. Name Organization

Rank : Sign/Date / Official Stamp

2. Name : ---~___:--___Organi

zation

Rank :"---~____ Sign/Date /Officia] Stamp

110

Neen ee

FORM D

Regulation 14

THE PLANT PROTECTION AND HEALTH ACT, 2016

APPLICATION FOR PHYTOSANITARY CERTIFICATE

TO: Commissioner for crop protection and certification

I would be grateful to have a Phytosanitary certificate issued in respect of the consignment indicated below Name and address of the exporter: Name and address of the consignee: Number and description of packages: Distinguishing marks: Grown at: Means of Conveyance: Entry Point: Quantity of Material: Botanical Name: Inspection: Place: Treatment if any :

Additional Declaration required by the importing country, if any:

Signature:

For Official Use Inspected By Treatment

Chemical and dosage Charges

Additional information Signature

Date Status

FORM E Regulation 15 (2)

THE PLANT PROTECTION AND HEALTH ACT, 2016 PHYTOSANITARY CERTIFICATE

No.

TO: Plant Protection Organization(s) of.

I. Description of Consignment

(a)

Name and address of exporter:

(b)

Declared name and address of consignce:

(c)

Import permit Number:

(d)

Number and description of packages:

(c)

Distinguishing marks:

(f)

Place of origin:

(g)

Declared means of conveyance:

(h)

Declared point of entry:

(i)

| Name of produce and quantity declared:

(j)

Botanical name of plants:

This is to certify that the plants, plant products or other regulated articles described hercin have been inspected and/or tested according to appropriate official procedures and are considered to be free from the quarantine pests specified by the importing contracting party and to conform with the current phytosanitary requirements of the importing contracting party, including those for regulated non-quarantine pests.

They are deemed to be practically free from other pests. *

II. Additional Declaration Poe eee crecccecsceesssseeecccecceeesccseees cee ceo oes esses ere eseees eee ees eee

Perec rccccces ccs eesseeescesecccccccccecc ese cecce sees ees eeseresssoseesenee

wocccce

Hil. Disinfestation and/or Disinfection Treatment -

Date Treatment Chemical (active ingredient)

Duration and temperature

Concentration

Additional information

Place of issue

(Stamp ofOrganization) Nameofauthorizedofficer

Date (Signature)

No financial liability with respect to this certificate shall attach to (name of Plant Protection

Organization) or to any of its officers or representatives. *

* Optional clause

FORM F Regulation 20 (6)

THE PLANT PROTECTION AND HEALTH ACT, 2016 RE-EXPORT PHYTOSANITARY CERTIFICATE

Phytosanitary Certificate No.

Plant Protection Organization of (contracting party of reexport)

TO: Plant Protection Organization(s) of (contracting party (ies) of import)

I. Description of Consignment (a) |Nameandaddressofexporter: (b) Declared name and address of consignee: (c) Import permit Number: (d) Number and description of packages: (c) Distinguishing marks: (f) Place of origin: (g) | Declared means of conveyance: (h) Declared point of entry:

(i)

| Namcof produce and quantity declared: G) Botanical name of plants:

This is to certify that the plants, plant products or other regulated articles described above were imported into (contracting party of re-export) from (contracting party of origin) covered by Phytosanitary certificate No. -____

*original o certified true copy o of which is attached to this certificate; that they are packed orepacked 0 in original o *new o containers, that based on

the original phytosanitary certificate o and additional inspection o, they are considered to conform with the current phytosanitary requirements of the importing contracting party, and that during storage in (contracting party of re-export), the consignment has not been subjected to the risk of infestation or infection.

* Insert tick in appropriate o boxes

II. Additional Declaration

Ill. Disinfestation and/or Disinfection Treatment

Date Treatment Chemical (active ingredient)

Duration and temperature Concentration Additional information

Place of issue

(Stamp ofOrganization) Name of authorized officer

Date (Signature)

No financial liability with respect to this certificate shall attach to (name of Plant Protection Organization) or to any of its officers or representatives. **

** Optional clause

FORM H

THE PLANT PROTECTION AND HEALTH ACT, 2016

APPLICATION FOR FORMX (FOR PLANTS, PLANT PRODUCTS OR REGULATED ARTICLES OF UNKNOWN PLANT HEALTH STATUS)

(Please read the instructions given below carefully)

1. Name and address of applicant ................esceceeececseeeeceeeeneeeees

2; 'Country Of 1MPOltc.ccsscceseccsesveesesesevavseesvereseeemensseeeereer arses

3; Materials: to be exported sscssssssccsssssssassrsisssssvsazersemaseerenawe

(Whether plant, plant product or regulated article)

4. Quantity to be exported ......... ce

eeeseceeceeecsccecsececeeessesesenseees

5. Country of origin ......... cc csececceeeeeectecceeceececceeceseeeceseceecevess

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. Name and address of exporter (s) (if different from

the applicant) 6 The project to be supported .............ccsecssecseccesceeceeseeecsenecenes

9. Teeatinefit

if ANYess esseessexeeeeewmssewereeweseepess ereremereeces (Name of Applicant)

DAL .orrecsives conikviivs Tasieanane Sex

For Official Use

Inspected By Treatment

Chemical and dosage if any Charges

Additional information Signature

Date Status

FORM X Regulation 14 (4)

THE PLANT PROTECTION AND HEALTH ACT, 2016

RE-EXPORT PHYTOSANITARY CERTIFICATE

FORM X: AUTHORITY/LICENCE TO EXPORT PLANT/SOIL MATERIALS OF UNCERTAIN HEALTH STATUS

In accordance with Section .... Of the Plant Protection and Health Act, 2011 the National Plant Protection Organisation hereby authorises:

Di/MEJMISEMISSIMS swestcewavea nomen nemarsenee wees cmemmeomanomseemnenumreaent

OF sox sep nqveneon enmee ges eames aemereerenresis ee eeeeeeseEeeeaN eee

(the "Licencec")totakctO....... cc ceeeceececsececeecsceceeeecseeereseeenss (Country)

BERWCCH secsoomenpenscpemeumenes ON csweseesuensuewssaveneasewsarasmeseaseseey

(Dates)

....ccccececcecececeseececececeseneneeceuseseceeesecececesecesess (Material)

{ON sessee yee gercemeees meme ey (country), with the agreement of the National

Plant Protection Organisation of the importing country, and for research

purposes in designated laboratories as specified in the Plant Health Regulations

Of the IMPOrtINg COUNTY sesccsniccsvssesesrecvesreerorrevaversererennenensanee

matcrial(s) specified above, possibly infected with pathogenic pests or pest arthropods.

This licence/authority is subject to all other provisions of the above law and the International Plant Protection Convention 1997 and to the following conditions:

This licence or a copy shall be surrendered to officials of the National Plant Protection Organisation of the importing country, who will decide on the entry status, mode of transport and handling of materials/ organisms.

Thelicencee, whilestillin Uganda, shall takeallthenecessary precautions to prevent dissemination Of the ..........cecceeeeeececeeeeeeeeeeeeeenes (Material) from his or her package(s)/custody.

The licencee shall permit an authorised officer of the National Plant Protection Organisation, to inspect the conditions under which the materials/organisms are kept or packed.

In the évent Of 1088 Of thé sess ssevsseseasesesnssesesesavesmnewenserversiess (materials/organisms) while still in Uganda, the licencee shall immediately notify the National Plant Protection Organisation.

This licence may be varied or revoked by the Head of the National Plant Protection Organisation or his or her designated representative at any time. Subject to condition five above, this licence/authority expires at the end of one month from the date of issue.

See Appendix.

Official Stamp

Title ofAuthorized Officer

APPENDIXTOLICENCE/AUTHORITYNO.

National Plant Protection Organisation

A Materials to be exported

Oe eee re eee see reece eee see ee esse eases eee esas ene eseseeeee sas esessessseeeees ees

Poe cece eee e rec cce re eneesee cere seers eee ees eeeeee sees esses sesesesessenesssseeeeeseees

Oe e eee er eer rer rere errr reer errr ere rr errr reer reer err er rer rere err err er rer rer ress)

Ore r ere eeeeerer rarer reer re rr err err err err err err err err errr ere reer reer eer eee eee ee

eee ree ee reece eee es eese eres esse ese eer eses esses sssseessnssessesesesssesseseseees

eee rere ere ree rrerer ire reer rer rere errr ere rr ere ere err err ere err err errr rr err errr ry)

reer err errr err er errr err err err err err etre r errr er reer errr rr rrr errr rier rer rer rere

POOeer ere eer err err errr ere reer rere reer eee eri ere e reer errr rr ere errr rr err ere er)

Preeeeeer rere reer rere ererrre ere rere reer eerie eee ere eter

esses ee mee renee ene c ree re eens eee seca ee see ees see se ress sessssssssansssasssaseasssssse

D. Remarks

eee ree reece cence sere ee eee eee cerca sees ees eee ees cesses see ees ess euseesssssesees

eee eee eee ee eee ee eee reer ee re ere ree reer reer err errr rrrrrrr rer rrr rere rr rere yy

ee ee ee eee eee eee ee eee ee eee eee ee eee ee ere rere reer er rer rer rary

eee eee eee eee eee ee eee rere ee eee ee eee Ce eee Creer creer err er rer rrr

ee rem errr eee e reer eee e eee ee sees se ese reer esse see ees esses ese esseeseessseeresseseneseees

Oem eee cece een e rere ee wre re ress eee eee sees eee ee eee ears sees senses sess sees esesesressseresees

Signature ofAuthorised Officer

Official Stamp

POeeeeeee errr reer reer errr errr rere rrr rer errr reer

eee eee c ce ccecescversessescsereceseesesssseeses

occ e eee c ee sac cre cerc ees es ses eesssenssessssesssees

FORM I

THE PLANT PROTECTION AND HEALTH ACT, 2016

APPLICATION FOR REGISTRATION OF PACK HOUSES

1. Name and the address of

the applicant..........ccccccsseeeeeeeeeeeeeeeet 2 Registration status of the pack house (incorporation) attach at COPVicseseuss) awaneassaasexanwxesweasepsasesesexsasestaenseeemeaseeesneewon

3. Registration status of the pack house with the Export

Promotion Board (attach @ COPy)..........:.ceseceeeeeceeeeceeeee ence

4 Physical location of the Pack Mouse «0.0.0... :cssesesstseteeteeeeseeeee

5 Rules governing pack house operations (attach Copy)............... cece ee cc vce cen ccs css cceassrecccessesseser ere res rer eseeseseereresesescorcasveosas dee cee cee eee ce ene secre eee eer eee eee esse ee eee eee eee eee cee ene cee ee eee es ang

6. List of the qualified personnel for

phytosanitary controls (attach proof of qualification )

Equipment (provide status) (a) Inspection table......... cc. sscssssseswessesws seavaverasawnasavenennes (b) Inspection Kit. s..5....cccccscessesscsscesevcsscesestoesecssessscoseees (GC) NB csececscens ceseeneonereees owe enemenaenneecens enenernammneein' LA Ghti (d) Sorting platforms.............cccecceeceeeeceeeeeeeeeeaeeneenewens ones (€) ass Pallets: .cccss.ces sxewsnaws cmmemessaee veoecans serenawe enero (f) Cleaning materials........ arse gasermneres wenrasteemsuiteiryepiistentrieireinnens (g) Personal protective equipment (provide list).............eeeeeee

List of farmers supplying the pack house (provide list).............0000

10. Waste management plan ............sesseeecececseneeeeeeeeeeneeeeeaeueeeees

The text of this section isn't in the consolidation we hold — see the original PDF above.

11. Traceability plan through the value chain

(provide copy of the plan)

12. Literature

on the regulatory framework of Uganda and the destination market (provide copies)

Literature and Pest cards of quarantine pests for the destination markets (provide copies)

(Name ofApplicant)

Date

FORM J

THE PLANT PROTECTION AND HEALTH ACT, 2016

PACK HOUSE REGISTRATION CERTIFICATE Certificate No..........++

A Pack house Certificate is hereby granted to-

esse AUreSS.....0ccecececceecscececececececenenenensseeeseenaer Se re For handling packing of plant, Plant product or regulated article at for the period as

The Certificate is subject to the following conditions and standards.

1. The pack house must meet the minimum standards as per the

registration requirements at all times.

2: The registration is only valid for the premise inspected and registered

3. Registration ofthe premise is independent ofthe

inspection of consignment

4. Upon registration, the proprietors of the pack house
(a)

shall renew the certificate upon expiry (valid for one year); or (b) if not renewed for one year, the Dealer shall have to apply to renew.

SUSNALUPE......eceerererererererecences Commissioner responsible for Crop Inspection and Certification

SCHEDULE III

FEES

Item | Matter Fees (Ug Shs)

1 Application for an Import permit 25,000

: : A consignment Inspection fees for an imported con-} 144 exceedin g 1 100,000 2 signment ton

For every ton in excess of 1 ton 20,000

3 Application fee for Phytosanitary certificate 50,000

4 Application for extension of an import permit 50,000

A consignment not exceeding | ton 80,000 5 Export Inspec- tion fe on tees For every ton in excess of | ton 20,000

Application for registration of premises 200,000

30,000 per hectare of Field inspection fees production area of field crop

Renewal of the registration of premises 100,000

Demurrage Fees in a quarantine station TS, OUR PARR HN per day eeu

HON. VINCENT SSEMPIJJA (MP) Minister ofAgriculture, Animal Industry and Fisheries

Original Laws of Uganda consolidation (as at 24 January 2020) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.