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Legal Document

Title: Plantation Department, Ministry of Agriculture and Forestry has issued a notification on Sanitary and Phytosanitary Measures (SPS) for Thailand, No. 1219/DoP
Type: Notification
Issuing Agency: Ministry of Agriculture and Forestry
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 12-08-2013

Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Agriculture and Forestry
Department of Agriculture              No 1219 /DOA
Vientiane, Dated 12 August, 2013

Notification

Attend to:   Heads of the Province and Vientiane Capital City Agricultural Office

Subject:      The Phytosanitary Import and Transit Requirement of Thailand for Some Important Plant Commodities Exported from  the Lao People’s Democratic Republic

-       Pursuant to the Plant Protection Law No 06/NA dated 09/12/2008
-       Pursuant to the Decree of Prime Minister No 229/PM dated 31/05/2012 on the Implementation of Plant     Protection Law
-      Pursuant to the Ministerial Order No 2136/MAF dated 26/10/2011 on Tightening Plant Export Control and Inspection in Compliance with the Phytosanitary Regulation of Importing Country
-       Pursuant to the Notification of the Ministry of Agriculture and Cooperatives of Thailand under the Plant Quarantine Act B.E. 2507 Amended by Plant Quarantine  Act (No2) B.E. 2542 and Plant Quarantine  Act (No 3) B.E. 2551

In order to facilitate the export of plant and plant product commodities from the Lao PDR for international trade especially for Thailand, this notification is made to inform all concerned sectors to be aware that currently Lao PDR is a fully member of the World Trade Organization which has obligations  to comply with relevant regulations and principles in particularly the phytosanitary regulations of trading partners. Currently, Thailand is gradually increasing the application of phytosanitary measures to the importation of agricultural products. In this regard, , to facilitate and ensure safety of the exportation of plant commodities from Lao PDR without any sanctions caused by failure of compliance with the specific import requirements of Thailand. The Department of Agriculture releases this notification to all concerned sectors taking into account that the plants intended to be exported to Thailand shall be inspected and certified based on phytosanitary requirements as follows: Top

1.    The terms used in this notification, are based on the amended Plant Quarantine Law (No3) B.E. 2551 of Thailand, which have definitions as follows:

-       Prohibited Article means plants, plant pests and carriers declared by the Minister in the Government Gazette as prohibited articles;

-       Restricted Article means plants, plant pests and carriers declared by the Minister in the Government Gazette as restricted articles;

-       Plant quarantine station means a station declared by the Minister in the Government Gazette for inspecting plants, prohibited articles, restricted articles and plant germplasms imported or carried in transit;

-       Carrier means planting materials, soil, sand, containers or other materials in which plants are packed, organic fertilizers or others which may serve as media for the plant pests;

-       Bringing in transit means bringing or sending through the Kingdom with or without transshipment;

-       Plant quarantine official means the Director-General and a person appointed by the Minister for the execution of the Plant Quarantine Act;

2.     Plants which are intended to be exported from Lao to Thailand or brought in transit through Thailand to a third country shall be inspected and certified by plant protection officials who are authorized under the Ministerial Order No. 153/MAF dated 31/05/2013 and comply with the instruction of Ministerial Order No 0837/MAF, dated 03/04/2013 and the guidance of Department of Agriculture No 1077/MAF, dated 30/09/2010. In addition, they shall comply with the phytosanitary requirements of Thailand which specify for regulated articles and plans as follows: Top

No

Name of plants and Plant products

The phytosanitary requirements for importation or bringing in transit of Thailand

I.    Prohibited articles and its exception

1

Prohibited articles

 

1.1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.2

 

1.3

 

 

 

1.4

Fresh fruits:

Bael fruit (Aegle marmelos (L.) Corr),            cashew nut (Anacardium occidantale ), carambola (Averrhoa carambola Linn.),

wampi (Clausena lansium (Lour.) Skeel), longan (Dimocarpus longan Loureiro), lychee (Litchi chinensis Sonn),                 mango (Mangifera indica L.),

 rambutan (Nephelium lappaceum L),            avocado (Persea Americana Mill), datepalm (Phoenix dactylifera L)​,  star gooseberry (Phyllanthus acidus (L.) Skeels), pomegranate (Punica granatum L.), sugarapple (Annona squamosa ), jackfruit (Artocarpus heterophyllus ), breadfruit (Artocarpus altilis), starapple (Chrysophyllum cainito), mangosteen (Garcinia mangostana ), apple (Malus domestica), sapodilla (Manilkara zapota), eggfruit (Pouteria campechiana), guava

(Psidium guajava), grape (Vitis vinifera), jujube (Ziziphus jujuba Mill), dragon fruit (Hylocereus spp.)

 

 

 

 

 

 

Any part of following plants:

papaya (Carica papaya L.), coconut (Cocoas nucifera L), oilpalm (Elaeis guineensis Jacq), cassava (Manihot esculenta Crantz), cocoa (Theobroma cacao L.), corn (Zea mays L.),

pineapple (Ananas comosus (L.) Merr)

 

 

 

Plants in genuses:  

Citrus spp. ​such as orange, Coffea spp.​such as coffee (excluding fresh coffee bean), Gossypium spp.Such as cotton  (​excluding cotton lint),

Hevea spp.such as rubber and carriers i.e. fresh latex, cup lump, slab and scrap

 

Jatropha spp. ​Such as Barbados

 

Other prohibited articlse:

Soil, Organic fertilizer, Agricultural micro-organisms, animal pests of plant, earthworms, insects, mites, nematodes, snails, slugs, weeds, parasites and predators.

 

A. The importation of prohibited articles for research purposes shall comply with the following rules:

-     The importation shall be accompanied with an import permit issued by the Director General of Department of Agriculture of Thailand and fulfill the requirement stipulated in the import permit or the tag affixed to the import container  of the prohibited article.

-     The importation shall be accompanied the a phytosanitary certificate issued by a competent authority base in the following circumstances:

1.  If the plant or carrier is imported, the certificate shall indicate information to fulfill the requirements stipulated by the Director General in the import permit.    

2.  If the pest is imported,  the certificate must indicate the same pest’s name as described in the import permit.

-     The prohibited articles must be imported only through the following plant quarantine stations.

(a) Bangkok Seaport Plant Quarantine Station;

(b) Suvarnabhumi International Airport Plant Quarantine Station;

(c) Bangkok Post Office Plant Quarantine Station.

B. The importation of prohibited articles for commercial propose shall comply with the following rules:

-     The importation shall be subjected to pest risk analysis carried out by the Department of Agriculture of Thailand.

-     The importation shall be accompanied by the import permit issued by the Department of Agriculture of Thailand and fulfill the procedures and requirements stipulated by the Director General of the Department of Agriculture of Thailand.

-     The importation shall be accompanied with the phytosanitary certification that must indicate detailed information according to the requirements specified in the import permit for the specific consignment.

-     The importation shall be made only through a Plant Quarantine Station.

C. The importation of prohibited articles for other purposes shall comply with phytosanitary  requirements as follow:

-     The importation shall be subjected to pest risk analysis carried out by the Department of Agriculture of Thailand.

-     The importation shall be accompanied by the import permit issued by the Department of Agriculture of Thailand and fulfill the procedures and requirements stipulated by the Director General of the Department of Agriculture of Thailand.

-     The importation shall be accompanied by the phytosanitary certification which must indicate the detailed information according to the requirements specified in the import permit for the specific consignment.

-     The importation shall only be made through a Plant Quarantine Station.

D. Bringing in transit of prohibited articles through Thailand to third country shall comply with phytosanitary  requirements as follows:

-      The Transit shall be subjected to pest risk analysis carried out by the Department of Agriculture of Thailand.

-     The Transit shall be accompanied by the transit permit issued by the Department of Agriculture of Thailand and the container of prohibited articles must be affixed with a tag issued by the Department of Agriculture of Thailand.

-     The Transit of prohibited articles whether plant, carriers or pest shall fulfill all requirements stipulated by the Director General of the Department of Agriculture of Thailand.

-     The Transit shall be accompanied by the phytosanitary certificate issued by the Competent Plant Protection Authority of Lao PDR.

-     The consignment shall only be transited through a designed Plant Quarantine Station.

Remark:

Prohibited articles that have been imported into the Kingdom of Thailand in the form of trade prior to the enforcement of the notification are subject to exemption and are allowed to be imported until such time that the pest risk analysis for the prohibited articles concerned has been completed. In this regard, the National Plant Protection Organization (NPPO) of the exporting country has to make an importation request in writing with the documentary evidence of importation in the previous 5 years to the Director-General of the Department of Agriculture within a period of 60 days after the notification B.E. 2551 has entered into force. Once the specified period has passed, however, if necessary, the Director -General of the Department of Agriculture who has the power to grant permission shall require the exporting country to request an import permission based on a case by case basis.  This, however, has to be undertaken within 60 days. This notification does not include plants for which importation has been granted on trade obligations by government sectors before notification 2551 entered into force, except where there is reliable scientific information about the outbreak of new plant pests or the detection of new plant pests in the imported commodities that are threat to the country’s agriculture.

2

Plant and articles which are subject to exception for prohibition

Conditions for import:

2.1

·   Bat guano or organic fertilizer made from bat guano, carcasses, bones and bloods of animals.

·   Preserve food derivatives from any plant part in a state still considered as a plant and that have passed the process that could destroy plant pests and diseases.

The importation shall be declared in the prescribed form to the officials at the plant quarantine station and subjected to inspection and testing according to the procedures and rules.

2.2

Fresh fruits of prohibited articles which are frozen at a temperature below   -17.8 o C  or O o F.

 

 

 

 

 

 

 

-   The Phytosanitary Certificate shall bear additional declaration that “the consignment are frozen below temperature …(…temperature.... o C).”

-   The importation shall be declared in the prescribed form to the officer at the plant quarantine station for conducting an inspection and testing according to the procedures and rules.

2.3

Prohibited articles which have been allowed to be imported in Thailand where  pest risk analysis had been completed:

Conditions for import:

2.3.1

· Chili Pepper, Capsicum annuum L. (only for dried and fresh fruit)

· Plant of Genus: Citrus spp. (only for fresh fruit)

· Tomato, Lycopersicon esculentum Mill. (seed for planting only).

· Plant of Genus: Musa spp. (only for fresh fruit).

· Tomato, Solanum tuberosum L. (only for tuber for processing, potato tuber).

· Corn, Zea mays L. (only for seed)

· Papaya, Carica papayae L.(only for fresh fruit).

 

· Cassava, Manihot esculenta Crantz (only for cassava chip and meal).

· Barbados, Jatropha curcas L. (seed for planting only and fresh fruit)

· Tobacco, Nicotiana spp. (only for dried leaf)

 

-   The importation shall be accompanied be the import permit issued by the Department of Agriculture of Thailand and fulfill the procedures and requirements stipulated by the Director General of the Department of Agriculture of Thailand.

-   The importation shall be accompanied by the phytosanitary certification issued by the competent authority of Lao PDR and it must indicate detailed information according to the requirements specified in the import permit for the specific consignment.

-   The importation shall be only made through a designed Plant Quarantine Station.

 

 

2.3.2

Potato tuber, Solanum tuberosum

-   Potato tuber shall be washed by sterilized water to clean the soil residue or contaminants. The weight of loose soil shall exceed 100 g per 50 kg seed potatoes (equivalent to 0.2 % soil by weight). For caked soil, seed potatoes which have more than 20 % of the surface of the tuber with caked soil should not exceed 30 tubers in a 600 unit sample (equivalent to 5 %). In addition, the potato tuber shall be treated with sprout inhibitor.

-   The potato tuber, after cleaning the soil, shall be packed in a clean container and exported within 1 month of harvesting.

-   The importation shall be accompanied by the import permit issued by the Department of Agriculture of Thailand and the consignee shall have a potato processing business that is registered and approved by Department of Agriculture of Thailand

-   The phytosanitary certificate shall bear the additional declaration that “the consignments were produced in Laos in accordance to the conditions governing entry of  potatoes for processing to Thailand” and “The potatoes in this consignment have been washed” or “The potatoes in this consignment were treated with a sprout inhibitor” or “The potatoes in this consignment were packed and shipped within one month of harvest”

2.3.3

Corn, Zea mays including grain, ear and cop

-   Corn intended to be imported shall only be used as raw material for industrial processing for which  is required to submit documentary evidence of business operation.

-   The importation shall be accompanied by the import permit issued by the Department of Agriculture of Thailand and fulfill the procedures and requirements stipulated by the Director General of the Department of Agriculture of Thailand.

-   Transportation of corn imported to Thailand shall be covered or enclosed.

-    The corn intended to be imported shall be free from Khapra beetle, Trogoderma granarium, infestation of quarantine pest of concern to Thailand and contamination of soil, sand and other parts of the corn, except for that which is allowed in the permit, or plants or other materials that are capable of carrying quarantinable pests.  

-   Where a quarantinable pest is intercepted in a consignment prior to export, fumigation shall be applied as a treatment which must be carried out by a company registered by the Department of Agriculture of Lao PDR and fulfill the technical requirement stipulated in the notification of Thailand on the conditions for import of corn from Lao PDR.

-   A phytosanitary certificate issued by the Lao competent authority shall bear the additional declaration that  “the consignments were produced and prepared for export in accordance with the conditions for import of … (name of corn part to be import)...from Lao PDR to Thailand” and “This consignment were inspected and found free of Trogoderma granarium”; in case that fumigation is applied, the relevant technical information shall be indicated in part III (Disinfestation and/or Disinfection treatment) of phytosanitary certificate such as fumigation date, chemical, duration, temperature and dosage.

2.3.4

Industrial soil including soil that is used in the ceramic industry to produce tile and sanitary wares. Its property is considered as clay which is able of forming a clay body into objects of required shape.

 

-   The importation shall be accompanied by the import permit issued by the Department of Agriculture of Thailand and the consignee shall operate the ceramic ware business and bear documentary evidence indicating the use of imported soil in the production process.

-   Industrial soil intended to be imported shall be packed in cleaned and enclosed containers which are free from infestation of live insects, weeds, seeds or plant parts such as leaf, branch, plant waste or materials that are capable of carrying quarantinable pests.

-   The phytosanitary certificate shall indicate information that it is “industrial soil”

 

2.4

Prohibited articles that have been allowed to be brought in transit where pest list analysis had been completed to a third country as follows:

 Bringing prohibited articles in transit that where pest list analysis had been completed must follow the phytosanitary measures as follows:

 

- Tobacco, Nicotiana spp. Inclusing dried tabacco left)

- Banana, Musa spp. including fresh banana fruit

-   The importation shall be accompanied by the import permit issued by the Department of Agriculture of Thailand.

-   Tobacco shall be packed in new and clean containers.

-   Tobacco shall be transported by using enclosed containers.

-   A tag shall be affixed on the left side of the container in the prescribed form P.Q. 4-2.

-   The consignment brought in transit shall be accompanied by the phytosanitary certificate issued by the competent authority of Lao PDR.

II

Restricted articles and exceptions

 

1

Restricted articles

Conditions for import and transit

1.1

 

 

 

1.2

 

 

 

 

1.3 

 

Dried tea leaf (Camellia sinensis (L.) Kuntze.), ​​Fresh coffee bean (Coffea spp.), cotton lint (Gossypium spp.), milled rice (Oryza spp.)

Any part of plant

​ ​​​​Mush room (Pleurotus ostreatus (FR.) Guel), ​​​​coriander (Coriandrum sativum L.) ​​​​carrot (Daucus carota L.), ​​​​​​cerely (Apium graveolens ),                              taro (Colocasia esculenta (L.) Schott), ​​​​​sunflower (Helianthus annuus L.), cabbage (Brassica olearacea ), ​​​​​morning clory (Ipomoea aquatic Forsk.), ​​​​​​peanut (Arachis hypogaea L.),​​​​​​​soybean (Glycin max (L.) Merr),​​​​​​ asparagus (Asparagus officinalis L.), ​​​​​​onion (Allium cepa L.), garic ( Allium sativum L.), ​​​​​​orchid dendrobium (Dendrobium spp),​​​​​​sesame (Sasamum indicum L.),​​​​​​​ oat ( Avena sativa L.),​​​​​​​ barley (Hordeum vulgare L.),​​​​​​​​ bamboo   (Bambusa spp.), ​​​​​​​rose (Rosa spp.),​​​​​​​ ginger (Zingiber officinale Roscoe)

Any plant of plant of family Cucurbitaceae (excluding fruit)

​​​​​watermelon (Citrullus Ianatus (Thunb.) Matsum&Nakai), ​​​​​bitter gourd                        ( Momordica charantia L.) ​​​​​pumpkin (Cucurbita mochata )

A. The importation or bringing in transit of restricted articles shall be subjected to following rules:

- The consignment shall be accompanied by the phytosanitary certificate issued by the competent authority of Lao PDR and shall indicate information according to the import requirement of the restricted article.

- the consignment shall be only imported or brought in transit through a plant quarantine station, except for non-prohibited articles which may be imported through a customs border checkpoint where a plant quarantine station is not declared.  However, the plant quarantine office shall be informed.

 

2

Plants subject for Exception

Conditions for import

2.1

Preserved food including food derivatives from any plant part in a state still considered as a plant and that have passed the process that could destroy plant pests and diseases.

The importation shall be declared in the prescribed form to the officer at the plant quarantine station for conducting an inspection and testing according to the regulations.

III

Non-prohibited articles means  any plants which are  not listed in the  prohibited article or  restricted article

 

The Importation or bringing in transit of non-prohibited articles shall be subjected to following rules:

- The consignment shall be accompanied by the phytosanitary certificate issued by the competent authority of Lao PDR.

- The consignment may be imported through any plant quarantine station or custom border checkpoint where a plant quarantine station is not declared. However, the plant quarantine official shall be informed.

Remark:

  -  Any person who intends to export a plant to Thailand that has not been subjected to pest risk analysis can make a request for pest risk analysis according to the notification of the Department of Agriculture of Thailand on specifications, methods and conditions of pest risk analysis for the importation of prohibited articles dated 11/07/2007 and follow the instructions of the Department of Agriculture of Lao PDR which are released from time to time.

-   In addition to the specific requirement written above, the inspection and certification made by plant protection officials shall take into account the avoidance any infestation of quarantine pests of concern to Thailand, which are not described in this notification, that can refer to the notification of the Ministry of Agriculture and Cooperatives of the Kingdom of Thailand (No 6) B.E. 2551

3.       Apart from the above mentioned information, the Province and Vientiane Capital Agricultural Offices shall encourage exporters to understand and seek more updated information on phytosanitary import requirements as well as those for other crops which are not covered in this notification. Any updated and new information shall be notified to the Department of Agriculture to verify it in the importing country. The formal citations for this information can be found at www.doa.go.th/ard which was created by the Plant and Agricultural Inputs Control Division of Thailand, www.ippc.int which was created by the Plant Protection Convention and www.wto.org which was created by the World Trade organization.

4.       The Province and Vientiane Capital Agricultural departments shall strictly implement and disseminate this information to relevant sectors within the province to ensure that they comply with this notification. In addition, they shall regularly report on any constraints and weakness of any aspect of the phytosanitary certificate to the Department of Agriculture in order to find a timely solution.

5.       The detail information on scientific names and common names of plants can be found in the reference books that have been distributed to plant protection border check points throughout the country namely (1) Jules Vidal, 1956, Noms vernaculaires de Plants en usage au Laos and  (2) list of plant in Lao PDR,         Mike Callaghan, Vientiane, December 2003.

            Therefore, this notification is released to concerned authorities for your utmost consideration and implementation.

Deputy Director General
Department of Agriculture
Phaydy Phiaxaysarakham 
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CC.

  • Minister of Ministry of Agriculture and Forestry
  • Vice Ministers of MAF
  • Permanent secretary office, MAF
  • Department of Planning and Cooperation (SPS enquiry point)
  • Department of Inspection, MAF
  • Department of Foreign trade policy, MOIC (SPS notification point)
  • Department of Import and Export, MOIC
  • Province and Vientiane capital Agricultural and Forestry office