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日本植物保護(hù)法-資料下載頁

2025-05-16 05:27本頁面
  

【正文】 vessel, car or airplane, or to unload the same which are taken aboard.(DISPOSITION BY DESTRUCTION)Article 165. The Plant Quarantine Official may order the owner of the plants, injurious animals or plants, soil and packing materials or containers thereof which have been moved in violation of the provision of Article 162 (Limitation of Movement of Plants, etc.), paragraph 1 or Article 163 (Prohibition of Movement of Plants, etc.), paragraph 1 to destroy the items concerned or he himself may destroy the same.CHAPTER 4 EMERGENCY CONTROL(CONTROL)Article 17. It shall be the duty of the Minister of Agriculture, Forestry and Fisheries, in case the injurious animals or plants which are newly introduced or indigenous in a part of the country constitute a risk of inflicting serious losses to economic plants by their spread, or in case the export of economic plants is jeopardized by the injurious animals or plants, and in case where it is necessary to eliminate the same or to prevent the spread thereof, to carry out the control under the provisions of this Chapter. However, this emergency control shall not apply to the control program for injurious forest insects and diseases, etc. specially provided for by other Law. 2. To enforce the control under the provision of the preceding paragraph, the Minister of Agriculture, Forestry and Fisheries shall, not less than thirty days prior to such date, issue a Ministerial Notification concerning the following matters: (1) Area and period involved in the control。 (2) Kind of injurious animals or plants。 (3) Control plan and procedures to be followed。(4) Other necessary matters.(CONTROL MEASURES)Article 18. The Minister of Agriculture, Forestry and Fisheries may, within a limit necessary to carry out the control under the paragraph 1 of the preceding Article, issue the orders as enumerated in each of the following items: (1) To restrict or prohibit the plant grower to cultivate plants infested or feared of being infested with the injurious animals or plants。 (2) To restrict or prohibit the transfer or movement of plants or packing materials or containers thereof infested or feared of being infested with the injurious animals or plants。 (3) To order any person who owns or manages any plants or packing materials or containers thereof infested or feared of being infested with the injurious animals or plants to disinfect, destroy or remove the same。 (4) To order any person who owns or manages agricultural machinery and implements, transporting facilities or storage installations infested or feared of being infested with the injurious animals or plants, to take necessary measures such as disinfection thereof, etc.2. In the case of the paragraph 1 of the preceding Article and in case there is no time because of the need of emergency control to follow the provision of paragraph 2 of the same Article, the Minister of Agriculture, Forestry and Fisheries may, within a limit necessary and without issuing the Ministerial Notification, issue orders under the Item (3) of the preceding Article or cause the Plant Quarantine Official to disinfect, remove or destroy plants or packing materials or containers thereof which are infested or feared of being infested with the injurious animals or plants.(ORDER FOR COOPERATION)Article Minister of Agriculture, Forestry and Fisheries may, in case it is necessary to enforce an emergency control under Article 17, paragraph 1, request local public body, farmers39。 association or private control enterprise to cooperate in the control. 2. In the case of the preceding paragraph, a written request for cooperation shall be issued. 3. In case the cooperation has been rendered in accordance with the provision of paragraph 1,the State shall reimburse the expenses thereof.(INDEMNITY AGAINST LOSS)Article 20. Against the person who has sustained a loss due to any action under Article 18 (Control Measures), the State shall indemnify for the loss to be ordinarily incurred by such actions.2. The person who intends to receive indemnity under the preceding paragraph shall submit an application to the Minister of Agriculture, Forestry and Fisheries, stating thereon the estimated amount of indemnity to be received. 3. It shall be the duty of the Minister of Agriculture. Forestry and Fisheries, upon the receipt of the application specified in the preceding paragraph, to render a decision, without delay, on the amount of indemnity to be reimbursed and to notify the same to the said applicant. 4. The Minister of Agriculture, Forestry and Fisheries, in case he determines the amount of indemnity under the preceding paragraph, shall appoint a mittee of three appraisers, including at least one farmer, from the area concerned and hear the opinions thereof.5. The action to be acpanied with indemnity under the provision of paragraph 1 shall be taken so that the total amount of required indemnity shall not exceed the appropriation for indemnity approved by the Diet.6. Any person who is dissatisfied with decision on the amount of indemnity of paragraph 3 may claim for the increase by bringing a suit within three months after the receipt of notification of the said decision.7. In the lawsuit of the preceding paragraph, the State shall be the defendant.(DUTY ON REPORTING)Article 21. It shall be the duty of prefectural governor, in case any injurious animal or plant newly introduced or indigenous in a part of the country is deemed to cause great damage to economic plants, to report the same to the Minister of Agriculture, Forestry and Fisheries.CHAPTER 5 CONTROL OF DESIGNATED INJURIOUS ANIMALS OR PLANTSDESIGNATED INJURIOUS ANIMALS OR PLANTS)Article 22. 39。Designated injurious animals or plants39。 as used in this and next Chapters shall mean the injurious animals or plants designated by the Minister of Agriculture, Forestry and Fis
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