PLANT QUARANTINE _g CAP. 433.  1
CHAPTER 433
PLANT QUARANTINE ACT
To prevent the introduction into Malta of plant pests and diseases, to
control and check the spread thereof and to provide for other matters
incidental and ancillary thereto.
1st September, 2001
Act XVIII of 2001.
PART I
Preliminary
Short title.
Interpretation.
the context otherwise requires -
"authorised officer" means an officer of the Police force,
Customs Department, Postal Services or Plant Health Service or
any other person authorised by the Director in writing to enforce or
implement any provision of this Act;
"beneficial organism" means any organism, including fungi,
bacteria, viruses, virus-like organisms, invertebrate or other
animals, which is declared in writing by the Minister, after
consultation with the Minister responsible for the protection of the
environment, to be beneficial to Maltese flora or agricultural
production;
"certification scheme" means a method of growing, monitoring
and testing of plants to ensure that they are free from particular
pests and diseases;
"Convention" means the International Plant Protection
Convention, signed in Rome on the 6th December 1951 as amended
or with any other convention prescribed by the Minister from time
to time;
"conveyance" means any vessel, aircraft, hovercraft, train,
vehicle, cart, container, animal or other thing which can convey
plant material, plant pests, beneficial organisms or soil from one
place to another;
"Department" means the Department responsible for plant
health;
Cap. 334.
"designated point of entry" means a port, airport, post office or
other place designated by the Minister as a place where the
importation of plant   material is permitted, and includes a freeport
as defined in the Malta Freeports Act;
"Director" means the Director responsible for the Department
and includes, to the extent of the authority given, any officer
authorised by him, in writing, to act in that behalf for any of the
purposes of this Act;
"importer" includes anyone who, whether as owner, consignor,
consignee ,  agent, broker or otherwise, is in possession of or in any
2 _g CAP. 433. PLANT QUARANTINE
way entitled to the custody of any plant material, plant pest,
beneficial organism, soil or packaging landed or likely to be landed
in Malta from another country;
"inspector" means any inspector appointed under article 26 and
any other officer of the Plant Health Service or other person
designated as such in writing by the Director from time to time;
''Malta'' has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"Minister" means the Minister responsible for Agriculture, and
includes, to the extent of the authority given, any officer authorised
by him, in writing, to act in that behalf for any of the purposes of
this Act;
"packing material" means any material used to pack, contain or
keep plant material, beneficial organisms, soils or plant pests;
"phytosanitary certificate" means a certificate relating to the
phytosanitary condition and origin of a consignment of plants and,
or, plant products prepared and issued in accordance with the
Convention;
"plant material" includes any plant, plant part, propagative
material, or plant product which can be affected by, or harbour, a
plant pest;
"plant pest" means any form of plant or animal life or any
pathogenic agent, other than a beneficial organism, capable of
directly or indirectly injuring any plant material or beneficial
organism, and includes genetically modified plant pests and weeds;
"plant product" means any unmanufactured material of plant
origin and those manufactured products which, by their nature or
that of their processing, may create a risk of plant pests spreading;
"planting"   means   any operation whereby plants are placed in
such a way as to ensure their growth, reproduction or propagation;
"plants"   means   living plants and living parts thereof, including
seeds, fruits and vegetables (except frozen), underground parts of
plants, cut flowers, branches, trees with foliage and tissue cultures;
"propagative material" means any living plant or part of a living
plant, used or intended for propagation, including a seed, corm,
cutting, bud, rhizome or plant tissue culture;
"quarantine station" means an official station designated by the
Minister as   a place where plant material may be confined for
phytosanitary inspection, observation, testing or research;
"soil" means any medium capable of sustaining plant life
including earth, water, compost or clay but excluding any medium
which is sterile or incapable of harbouring or transmitting plant
pests;
"treatment" means any appropriate process, including the use of
chemicals, heat or low pressure, for ensuring the removal,
sterilisation or killing of a plant pest.
PART II 
PLANT QUARANTINE _g CAP. 433.  3
Administration
Plant Health 
Service.
3. (1)  The Director shall be responsible for the Plant Health
Service and to administer and enforce the provisions of this Act.
(2) The Plant Health Service shall -
( a ) inspect growing plants, areas under cultivation, and
plants and plant products in storage or locally in
transit, in order to report the existence, outbreak and
spread of plant pests and to control plant pests; 
( b ) in respect of consignments of plant materials moving
in international traffic -
(i) inspect the said consignments and, where
appropriate, inspect consignments of other
articles and commodities moving in
international traffic under conditions where they
may act incidentally as carriers of plant pests;
(ii) inspect and supervise storage and transport
facilities of any kind, particularly with the object
of preventing the dissemination of plant pests
across national boundaries;
(iii) disinfest or disinfect consignments of plants and
plant products, as well as their containers,
packaging, storage places or transport facilities;
( c ) determine the percentage of inspection checks to be
carried out; 
( d ) issue phytosanitary certificates or plant passports;
( e ) authorise nurseries to issue plant passports in
accordance with regulations prescribed under this Act;
( f )  periodically update and disseminate lists of plant
material, plant pests and beneficial organisms the
importation of which into Malta is prohibited   or
restricted; 
( g ) distribute information within Malta about pests of
plants and plant products and how to prevent and
control them;
( h ) promote integrated pest management and control in
Malta;
( i ) conduct research and surveys in the field of plant
protection;
( j ) administer and enforce the provisions of this Act; and
( k ) attend to such matters as the Director may prescribe.
Plant Protection 
Board.
4. (1) The Plant Protection Board shall consist of:
( a ) a Chairman to be appointed by the Minister;
( b ) four members, to be appointed by the Minister, at least
one of whom shall be a farmer’s representative;
( c ) the Director, or his representative; and
( d ) a representative from the educational sector, and a
representative from the Public Health Department, the
4 _g CAP. 433. PLANT QUARANTINE
Department of Environment, the Malta Standards
Authority, the Occupational Health and Safety
Authority and the Water Services Corporation.
(2) The Board shall regularly review the state of plant
quarantine in Malta on the formulation of policies in this regard,
and advise the Minister on any matters with which this Act is
concerned, particularly with respect to:
( a ) the promulgation of regulations under this Act and
matters arising from the application of any such
regulations;
( b ) the declaration of any plant pest as a notifiable plant
pest pursuant to article 20;
( c ) the phytosanitary implications of importing any plant
material, plant products, pests, beneficial organisms or
soil; 
( d ) the management, operation and requirements of the
Plant Health Service; and
( e ) the diagnosis, detection and identification of particular
pests and diseases.
Plant Certification 
Schemes.
5. The Director may establish Plant Certification Schemes
which shall follow international standards and shall be
administered and updated by the Plant Health Service on the advice
of the Board.
PART III
Importation
Prohibition to 
import.
6.  No person shall import into Malta any plant material, plant
pest, beneficial organism, soil or packaging material except in
accordance with this Act.
Permits and 
certificates.
7. (1)  Subject to the provisions of subarticle (2), any plant
material, plant pest, beneficial organism, soil or packaging material
shall only be imported into Malta through a designated point of
entry and upon importation shall be declared and submitted
together with the prescribed permits and certificates for
examination by an inspector.
(2) The Minister may, after consultation with the Board, by
regulation or notice published in the Gazette exempt certain classes
of plant material from the requirement to be declared on
importation.
(3) The Director may, after consultation with the Board, by
notice issued in the Gazette establish the details of the conditions
under which and, or, treatments that any plant material, originating
from such countries and, or, zones, as may be specified in the
notice, has to be subjected to prior to importation.
Inspection. 8. The person in charge of any conveyance transporting or
storing anything required to be declared under article 7(1) shall
make the conveyance and its contents available for inspection and
treatment by an authorised officer in accordance with this Act as
soon as reasonably possible after arrival in Malta or at any other
time reasonably directed by an inspector; who shall determine the
PLANT QUARANTINE _g CAP. 433.  5
place of inspection.
Notification to 
inspector.
9. Any person in Malta who receives any plant material, plant
pest, beneficial organism or soil from outside Malta whether or not
that person consented to it being dispatched, shall, on receipt,
immediately notify an inspector and carry out the inspector’s
instructions regarding its destruction, disposal or treatment to the
satisfaction of the inspector.
Seizure of plant 
harbouring a plant 
pest.
10. Anything imported into Malta, in transit through Malta or
moved from one part of Malta to another, in contravention of this
Act, together with any container used to transport it or other thing
reasonably suspected of harbouring any plant pest, may be seized
by the Police and may be destroyed, disposed of, treated or
otherwise dealt with as an inspector or authorised person thinks fit,
subject to the provisions of this Act.
Import permit.
require that any class of plant material, plant pest, beneficial
organism, soil or packaging shall not be imported into Malta from
such countries or zones, as may be specified in the notice, except
with an import permit and in strict compliance with the terms of the
permit.
(2) The Director may -
( a ) issue, refuse to issue or cancel an import permit; or
( b ) prescribe in any import permit such terms and
conditions as the Director deems appropriate and at
any time, whether before or after importation, vary or
add to the terms or conditions.
Phytosanitary 
certificate or plant 
passport.
12 . The Director may, by notice published in the Gazette,
require that any class of plant material, as shall be specified in the
notice, shall not be imported except with a phytosanitary certificate
issued or a plant passport recognised by the plant protection
organisation of the exporting country in accordance with the
Convention and which conforms in all material respects with either
the model phytosanitary certificate for export or for re-export, as
the case may be, in the annex to the Convention.
Prohibition or 
restriction.
13. (1) Notwithstanding anything contained in this Act, the
Director may, after consultation with the Board, by notice in the
Gazette, prohibit or restrict the introduction, sale, cultivation,
propagation or movement of any plant material, plant pest,
beneficial organism, soil, packaging or any other thing capable of
harbouring or spreading a plant pest.
(2) Any notice given under subarticle (1) shall expire six
months after the date of publication in the Gazette, unless it is
renewed.
Making of rules.
regulations establishing rules for the marketing of vegetative
propagating and planting material and may by such regulations
establish the conditions for the grant of permits for the importation
and transport of any plant material, plant pest or other organisms
for the purposes of scientific research or otherwise, subject to such
terms and conditions as may be established in or referred to in the
6 _g CAP. 433. PLANT QUARANTINE
regulations to safeguard public health, agriculture and, or, the
environment.
Assistance.
Cap. 37.
Cap. 254.
15. (1) All officers of Customs and of the Post Office shall
assist the Department in preventing the importation into Malta of
anything contrary to this   Act and in so doing may exercise all the
powers conferred upon them by or under the Customs Ordinance
and the Post Office Act or any law replacing the same.
(2) Any officer of Customs or of the Post Office who becomes
aware of the importation of any plant material, plant pest,
beneficial organism, soil, packaging or other thing regulated by this
Act, other than things which are not required to be declared
pursuant to article 7(2), shall immediately notify an inspector or
other designated officer of the Plant Health Service.
Moving or 
handling of any 
container.
16. (1)  Subject to the provisions of subarticle (2), no plant
material, plant pest, soil or packing materials under examination or
liable to be examined by an inspector shall be moved or   handled in
any way, nor shall any container be opened, except in accordance
with the directions of an inspector.
(2) An officer of Customs or of the Post Office may move and
handle a thing referred to in subsection (1) to the extent necessary
for the proper performance of that officer’s duties provided that the
enforcement and attainment of the objects of this Act are not
prejudiced.
Registration with 
the Plant Health 
Service.
17. The Director may require any person involved in
propagating, storing, importing, exporting, producing or otherwise
trading in plant material to register with the Plant Health Service
and comply with such requirements as the Director may reasonably
require from time to time.
Examination and 
sampling.
18. Any person who has imported any plant material, plant
pest, beneficial organism, soil or packaging shall, on demand by an
inspector, allow the imported things to be examined and samples to
be taken by an inspector at any reasonable time to enable the
inspector to determine whether or not this Act and any permit
issued under it, has been complied with and whether or not further
steps should be taken.
PART IV 
Export Control
Pre-export 
examination.
19.  (1) Any person intending to export a consignment of
plants or plant products to another country shall submit the
consignment to the Plant Health Service for pre-export
examination. 
(2) Each consignment submitted shall be examined by an
inspector within fourteen days of the date of export in accordance
with the requirements of the country of destination and if the
inspector is satisfied that the requirements for the issue of a
phytosanitary certificate or plant passport have been met, the
inspector shall issue a phytosanitary certificate or plant passport in
accordance with this Act.
PLANT QUARANTINE _g CAP. 433.  7
PART V
Containment and Eradication of Plant Pests
Declaration 
regarding 
notifiable plant 
pest.
20. (1) The Director may, by notice published in the Gazette,
declare any plant pest to be a notifiable plant pest if it presents, or
is likely to present, a threat to the production of or trade in plant
materials or to the natural environment and if it is either not known
to be established in Malta or is established in Malta but is the
subject of measures for its eradication or containment.
(2) The occupier or owner of any land or premises on which a
plant pest is found which is identified as, or is suspected to be, a
notifiable plant pest shall immediately notify an officer of the Plant
Health Service.
Declaration 
regarding infested 
areas.
21. The Director may, by notice published in the Gazette -
( a ) declare any island or area in Malta which is infested or
is suspected of being infested with any plant pest, to be
an infested area;
( b ) declare any land or premises which is infested or is
suspected of being infested with any plant pest, to be
under quarantine;
( c ) prescribe any measures for the treatment or disposal of
plant material, plant pests, soil or packaging, and the
treatment of conveyances, whether or not they have
been found to be infested, in order to limit the spread
of the plant pest;
( d ) prescribe the period within which it shall be unlawful
to plant or replant the whole or part of any infested
place or area under quarantine.
Written notice.
present at any place, the Director may cause a written notice to be
served on the owner or occupier of such place and if he deems it
appropriate for the purposes of this Act, on the owner or occupier
of any land or premises in the vicinity, ordering each of them,
within a period specified in the notice, to take whatever measures
on their land the Director considers appropriate to eradicate,
contain or restrict the spreading of the notifiable plant pest.
Non-compliance.
of a notice issued under articles 17 or 18 or is unable to comply
within the stipulated period and in either case advises the Director
accordingly, the Director may authorise the Plant Health Service to
enter upon the land or premises in question and to take whatever
measures may be appropriate to carry out the requirements of the
notice.
Regular reviews.
of any land placed under quarantine and, when he is satisfied that
either the relevant plant pest has been eradicated or that after
consideration of all relevant circumstances it would be
inappropriate to continue to maintain the quarantine restrictions in
respect of part or all of the land under quarantine, the Director
shall, by notice published in the Gazette and by notice served on all
affected owners or occupiers of the land, declare that from a
8 _g CAP. 433. PLANT QUARANTINE
specified date any land identified in the notice shall no longer be
under quarantine.
Compensation. 25. (1) Subject to the provisions of subarticle (2), where any
plant material or other thing is destroyed or harmed by any
measures taken to eradicate, contain or limit the spread of a
notifiable plant pest, the Minister may compensate the owner of the
plant material   or item destroyed or harmed from monies voted for
that purpose by the House of Representatives.
(2) The Minister shall not be obliged to compensate any
person who has suffered loss as a result of action authorised under
this Act if the action was taken to remedy a situation caused wholly
or partially by that person’s negligence, failure to comply with
lawful instructions or contravention of this Act.
(3) The Minister shall, on the advice of the Board, determine
the amount of compensation payable in the circumstances of the
case and may, by notice published in the Gazette, prescribe the
procedures to be followed to claim compensation.
(4) Any person claiming compensation for any seizure or
destruction under this Act of anything which was not infested with
plant pests or otherwise injurious to plants or beneficial organisms
who is aggrieved by a decision of the Minister under subarticle (3)
may, make application to the Civil Court of competent jurisdiction,
request a determination of the claimant’s interest in or right over
the property, the amount of compensation payable and to obtain
payment and shall have the right to appeal to the Court of Appeal
against any such determination.
PART VI 
Enforcement
Appointment of 
inspectors.
26. (1) The Prime Minister shall appoint inspectors to enforce
the provisions of this Act and the Minister shall ensure that they
receive adequate technical training to enable them to properly
perform their duties.
(2) The Minister may, on the advice of the Director, designate
public officers in the Department to be temporary inspectors to
enforce the provisions of this Act, together with the inspectors
appointed under subarticle (1), and shall ensure that they receive
adequate technical training to enable them to properly perform their
duties.
Powers of entry, 
search and 
seizure.
27. In pursuance of their powers of entry, search and seizure
according to law with respect to offences contrary to the provisions
of this Act, the Police shall have the right to be accompanied and
assisted by inspectors appointed under the provisions of article 26
or by other authorised persons, and the provisions of article 10
shall apply to anything seized in the execution of such powers.
Seizure. 28. Any inspector or authorised officer who causes anything to
be seized, detained, treated, disposed of or destroyed shall, as soon
as practicable, notify the owner or person having possession, care
or control of the thing, of the steps taken and the reasons for them.
If, in exceptional circumstances, the seizure is not made in the
presence of such person, they shall be notified in writing in such
PLANT QUARANTINE _g CAP. 433.  9
manner as the Minister may from time to time prescribe.
PART VII 
Offences, Penalties and Proceedings
Offences.
or agent -
( a ) grows, possesses, sells, offers for sale, transports or
distributes in any manner -
(i) any plant material, plant pest, soil, beneficial
organism or packaging in the knowledge that it
has been imported into Malta contrary to the
provisions of this Act; or 
(ii) anything infested with a plant pest controlled
under this Act or subject to a notice issued under
articles 17 or 18;
( b ) assaults, resists, threatens or wilfully obstructs any
inspector or authorised officer in the execution of his
functions under this Act;
( c ) refuses or neglects to comply with any order or
direction lawfully made or given under this Act;
( d ) without reasonable excuse fails to answer any question
asked by an inspector or authorised officer or to
produce anything required to be produced;
( e ) fails to allow a search or inspection authorised under
this Act;
( f ) prevents or attempts to prevent another person from
complying with orders or directions, from answering
questions, from producing any thing or from allowing
searches or inspections under this Act;
( g ) knowingly or recklessly provides information which is
false in a material particular, for the purpose of
obtaining any permit or certificate or for the purported
compliance with any requirements of this Act;
( h ) alters, forges, counterfeits, defaces or destroys any
document presented to or issued by the Director under
this Act; or
( i ) contravenes any of the provisions of this Act or of any
regulation made thereunder,
shall be guilty of an offence under this Act.
Penalties.
without prejudice to any other liability under any other law, on a
first conviction, be liable to a fine ( multa ) not exceeding two
hundred liri, and on a second or subsequent conviction to a fine
( multa ) not exceeding five hundred liri or to imprisonment for a
term not exceeding one year or to both such fine and imprisonment.
(2) Where a person is convicted of an offence under this Act
the court may, in addition to any other penalty that it may impose -
( a ) order that all income and profits from the sale of such
10 _g CAP. 433. PLANT QUARANTINE
offending article be seized;
( b ) impose an additional fine equivalent to the estimated
economic benefit which the convicted person derived
from the commission of the offence or would have
derived had the offence remained undetected; and, or
( c ) revoke any permit granted under this Act and debar the
person convicted from holding another such permit for
a period not exceeding three years.
Scheduled 
offences.
Cap. 291.
31. The Minister responsible for Justice may by regulations
prescribe that certain offences under this Act shall be scheduled
offences for the purposes of the Commissioners for Justice Act and
may be tried by a Commissioner for Justice as an infringement.
PART VIII 
Miscellaneous
Power to make 
regulations.
32. (1)  The Minister may make regulations generally to give
effect to any of the provisions of this Act, and, in particular, may
make regulations for all or any of the following purposes:
( a ) prohibiting or restricting the introduction into Malta of
any plant material likely to introduce any plant pest
into Malta, whether or not already present in Malta, or
as having noxious or undesirable characteristics, or as
being of an undesirable strain;
( b ) prohibiting or restricting the introduction into Malta of
any -
(i) soil, packaging or other thing specified in the
regulations as being likely to introduce any plant
pest into Malta, whether or not already present
in Malta; or
(ii)  plant pest or organism which is or is alleged to
be a beneficial organism;
( c ) designating points of entry and quarantine stations;
( d ) prescribing procedures to be followed by any inspector
or other person in the exercise of powers or the
performance of obligations under this Act;
( e ) prescribing procedures to be adopted for the treatment
of imported materials regulated by this Act and of the
conveyances bringing them to Malta to prevent or
control the introduction of plant pests into Malta;
( f ) providing for the control and care of plant material
kept or grown in isolation or in quarantine conditions
whether in quarantine stations or elsewhere;
( g ) requiring the provision and maintenance of such
facilities as may reasonably be prescribed;
( h ) providing for the inspection of domestic plant
material, soil or packaging for export and the issue of
appropriate phytosanitary certificates or plant
passports;
( i ) promoting co-ordination and co-operation among
PLANT QUARANTINE _g CAP. 433.  11
government departments and third parties in
implementing and enforcing the provisions of this Act;
( j ) inspecting growing plants, lands or other premises and
plant material, including plant material in storage or
being transported, to ascertain the presence or absence
of plant pests;
( k ) imposing and determining fees and other payments in
relation to any   permit or certificate required under this
Act;
( l ) prescribing forms to be used for the purposes of this
Act;
( m ) for the issuing, suspension and revocation of permits
and certificates provided for under this Act;
( n ) for carrying out, co-ordinating and encouraging
research in the field of plant protection; 
( o ) for promoting public awareness of plant pests and their
prevention, eradication and control including the use
of beneficial organisms;
( p ) liaising with competent authorities in other countries
in plant protection matters;
( q ) for the carrying out of the responsibilities of the
Government under the Convention and any other
international conventions relating to plant protection; 
( r ) prescribing punishments for offences under this Act; 
( s ) establishing rules for the setting up of protected zones
and rules for the movement of certain plants, plant
products or other objects through a protected zone, and
for movements of such items originating in and
moving within such protected zones; and
( t ) recognising countries and, or, zones as being free from
or exposed to particular pests and diseases.
(2) Any regulations and orders made under any of the
provisions of this Act may be made in the English language only.
Non-compliance 
with this Act.
33. (1)  Any person found guilty of an offence under this Act
shall, upon an application by the Director after the sentence, be
ordered by the Court to reimburse the Director for any expenses
incurred by the Director, or by an inspector or other authorised
officer, on account of that person having acted contrary to any
order or instruction lawfully made or given under this Act.
Cap. 12.
(2) No appeal shall lie from a decision of the Court under
subarticle (1). Any sum awarded by way of reimbursement by such
a decision shall be recoverable as a civil debt, and that decision
shall be an executive title in like manner as if it were included
among the executive titles contained in article 253 of the Code of
Organization and Civil Procedure.
12 _g CAP. 433. PLANT QUARANTINE
Cap. 12.
(3) Without prejudice to the provisions of subarticles (1) and
(2), the owner and importer of any plant material, plant pest,
beneficial organism, soil or packaging which is disposed of or
treated by the Plant Health Service or any other authorised person
under this Act shall be jointly and severally liable to reimburse the
Government for the costs of such disposal or treatment, which costs
shall be recoverable in the manner provided in articles 466 and 467
of the Code of Organization and Civil Procedure.
Savings.
Cap. 195.
34. The Plant Protection (Fees) Regulations, 1998 made under
the Agriculture (Plant Protection) Act, repealed by this Act, shall
continue in force as if made under the provisions of this Act, and
may be amended and revoked accordingly.
