Application for Permit to Import plants/plant materials for sowing/planting/propagation

In exercise of the powers conferred by sub-section (1) of section 3 of the Destructive Insects and Pests Act, 1914 (2 of 1914), and in supersession of the Plants, Fruits and Seeds (Regulation of Import into India) Order, 1984, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following order for the purpose of prohibiting and regulating the import into India of agricultural

“Competent Authority” means an authority notified by the Central Government from time to time by notification in the Official Gazette;

(b) “Designated Inspection Authority” means the authority notified by the Central Government from time to time through a notification to be published in the Official Gazette for the inspection of the plants grown in post entry quarantine facilities;

(c) “Entry Point” means sea port, airport or land customs station through which import is permitted under this order;

(d) “form” means form attached to this order;

(e) “nursery” means any orchard, or any other place, facility, glass-house, screen house, utilised for raising plants;

(f) “Official Phytosanitary Certificate” means a phytosanitary certificate in the format (reproduced as Schedule I) prescribed by the International Plant Protection Convention sponsored by the Food and Agricultural Organisation of the United Nations Organisation and issued by the authorised officer of the country of origin of consignments;

(g) “packing material” means the packing material consisting of saw dust, wood shavings, waste paper and synthetic material used for packing of plants, fruits or seeds;

(h) “pest” means any form of plant or animal life or any pathogenic agent, injurious or potentially injurious to plants or plant products and includes any insect, mite, nematode, snail, bacterium, fungus, virus, viroid, mycoplasma-like organism (MLO), phanerogam or weed;

(i) “plant” means any plant or part thereof, whether living or dead, trees, shurbs, nursery stock and includes all vegetatively propagated materials;

(j) “Plant Protection Adviser” means the plant Protection Adviser to the Government of India, Directorate of Plant Protection, Quarantine and Storage, N.H. IV, Faridabad;

(k) “Post-entry Quarantine” means growing of plants in isolation for any specified period in a glass-house, and facility, area of nursery, approved by the Plant Protection Adviser;

(l) “seeds” means seeds of agricultural, horticultural, fruit and fodder crops, forest trees and includes seedlings and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material utilized for sowing, planting or consumption;

(m) “Schedule” means Schedule annexed to this Order;

(n) “soil” includes earth, peat, compost, clay, sand or any medium capable of supporting life of plants and includes ballast or any soil for mineralogical or microbiological investigations or soil utilised for any other purpose.

Import plants plant materials for sowing planting propagation

General conditions for import

General conditions for import .-All consignments of plants, fruits and seeds (hereinafter referred to as “consignments”) shall be imported into India subject to the following conditions, namely:-(1) No consignment shall be imported into India without a valid permit issued under clause (3).

(2)(i) All applications for a permit to import consignments by land, air or sea shall be sent in (triplicate) at least one month in advance to the Competent Authority, and the application for the import of seeds, fruits and plants for consumption shall be made in Form A and that for the import of seeds and plants for sowing or planting shall be made in Form B.

(ii) Each application shall be accompanied by a registration fee of Rs. 150 (rupees one hundred fifty) for the import of seeds, fruits, plants and plant products for consumption or processing and Rs. 300 (rupees three hundred) for the import of seeds, plants and planting material for sowing or planting, in the form of a bank demand draft in favour of the Pay and Accounts Officer concerned.]

(3)(i) The Competent Authority shall issue permit in Form C for import of seeds and fruits for consumption and in Form D for import of seeds and plants for sowing or planting, if he is satisfied that the applicant meets all the necessary conditions.

(ii) The issue of permit may be refused or withheld by the Competent Authority after giving reasonable notice to the applicant and for reasons to be recorded in writing.

(iii) The import permit issued under this clause shall be valid for a period of six months provided that the Competent Authority may, on request, extend the period of validity for a further period of six months, for reasons to be recorded in writing.

(4) The Competent Authority shall forward to the importer an orange and green colour tag specified in Form E, in the case of permits issued for import of seeds and plants for sowing or planting so as to facilitate the identification of consignments at the time of their arrival at the land customs station or port of entry.

(5)(i) All the consignments for consumption, sowing and propagation or planting shall be imported into India only through entry points notified by the Central Government from time to time in this behalf, provided that all consignments of dry fruits, fresh fruits and vegetables for consumption, imported from Afghanistan, Pakistan and West Asian countries by land shall be imported only through Attari-Wagha Border.

(ii) All consignments of plants and seeds for sowing and propagation or planting shall be imported into India through land customs station, seaport, airport at Amritsar, Bombay, Calcutta, Delhi and Madras and such other entry points as may be specifically notified by the Central Government from time to time.

(6)(i) The consignment, on arrival at an entry point, shall be inspected by the Plant Protection Adviser or any other officer duly authorised by him in this behalf, in accordance with the guidelines issued by the Plant Protection Adviser from time to time.

(ii) The Plant Protection Adviser or the officer authorised by him may, after inspection, fumigation, disinfection or disinfestation, as may be considered necessary by him, accord quarantine clearance for the entry of a consignment into India or require, in public interest, destruction of the consignment or return of the same to the country of origin.

(iii) Where fumigation or disinfestation or disinfection is considered necessary in respect of a consignment of plants, seeds and fruits of more than 1000 cubic metre in volume, the importer shall on his own or at his cost through an agency approved by the Plant Protection Adviser arrange for the fumigation, disinfestation or disinfection of the consignment, under the supervision of an officer duly authorised by the Plant Protection Adviser in that behalf;

(7) It shall be the responsibility of the importer,-

(a) to bring the consignments to the concerned Plant Quarantine and Fumigation Station, or to places of inspection, fumigation or treatment as directed by the Plant Protection Adviser or the officer duly authorised by him;

(b) to open, repack and load into or unload from the fumigation chamber and seal the consignments; and

(c) to remove them after inspection and treatment, according to the directions issued by the Plant Protection Adviser or an officer duly authorised by him.

(8) The consignments intended for other countries shall be allowed transit through or transhipment at air or sea ports or land customs stations, provided they are packed in such a manner as will not permit spillage of any soil or material or escape of any pest, and subject also to the condition that they are not opened in any place in India.

(9) No consignment shall be imported unless accompanied by an official Phytosanitary Certificate issued by the authorised officer of the country of origin of the consignment:

[Provided that plants, fruits, seeds and any other material of plant origin imported for consumption shall be allowed to be imported without an import permit:]

[Provided further that the mushroom spawn culture shall be allowed to be imported by 100 per cent. export oriental units without an import permit:]

[Provided further that such material imported as accompanied baggage and through International postal channels shall be allowed to be imported without a Phytosanitary Certificate or an import permit.]

(10) Consignments for import should be packed in the packaging material envisaged as in clause 2(g) of this Order. No consignment wherein hay or straw or any material of plant origin is used for packaging or as a part of packaging material shall be allowed to be imported.

(11) Import of soil, earth, compost, sand, plant debris alongwith plants, fruits or seeds shall not be permitted except under the following conditions:-

(i) The consignments of soil, earth, clay and similar material for any microbiological, soil-mechanics or minerological investigations and peat for horticultural purposes may be permitted through specified air or sea ports or land custom station, on applications made for that purpose.

(ii) The application for the purpose referred to in (i) above shall be made to the Plant Protection Adviser, at least one month in advance, in Form F.

(iii) The Plant Protection Adviser may, after scrutiny of the application, and if satisfied of the purpose for which such consignment is being imported, issue special permit in Form G.

(iv) The consignments shall be inspected, fumigated, disinfected or disinfected, on arrival, by the Plant Protection Adviser or any other officer duly authorised by him in this behalf.

(12) The importer of the consignments or his agent shall pay to the Plant Protection Adviser or any other officer duly authorised by him in this behalf, the fees prescribed in Schedule III to meet the cost of inspection, fumigation disinfestation, disinfection before the release of the consignments.

Special conditions .-(1) In addition to the general conditions specified in Chapter II, the articles hereinafter mentioned shall be imported subject to special conditions prescribed for them in Schedule II, namely:-

(i) All species of Allium;

(ii) Cacao and all species of Sterculiaceae and Bombacacae;

(iii) All species of Citrus;

(iv) Coconut, seeds and all species of Cocos;

(v) Coffee plants and seeds, and all species of Coffee;

(vi) Cotton seeds, and all species of Gossypium;

(vii) Seeds of forest trees;

(viii) Groundnut seeds, and all species of Araches;

(ix) Bucrene and all species of Medicago;

(x) Potato and all species of Solanum;

(xi) Rubber and all species of Hevea;

(xii) Sugarcane and all species of Saccharum;

(xiii) Tobacco and all species of Nicotiana;

(xiv) Berseem and all species of Trifolium;

(xv) Sunflower and all species of Helianthus;

(xvi) Wheat and all species of Triticum;

(xvii) Paddy and all species of Oryzae;

(xviii) Cuttings, saplings and bud-woods of flowers or ornamental plants;

(xix) Seeds and the plant material of fruits.

(2) Every consignment of the articles hereinbefore mentioned shall be accompanied with the official Phytosanitary Certificate issued by the authorised officer of the country of origin of consignment, containing additional declarations that they are free from pests specified against them in column 4 of Schedule II.

Procedure for import of plants and seeds in India

a) Import of seeds/plants materials for sowing, planting and propagation

The Importer or his agent shall apply for permit for import seeds / plant materials for sowing, planting and propagation at least seven days in advance to the permit issuing authority (Schedule-X)of the designated port of entry as notified vide clause 3(13) of Plant Quarantine (Regulation of Import into India) Order, 2003 that all consignments of seeds and plants for propagation shall be imported only through Regional Plant Quarantine Stations of Amritsar, Chennai, Kolkara, Mumbai or New Delhi (Schedule-I).

The import permit shall be issued only for the commodities as listed in Schedule-V, Schedule-VI & Schedule-XII.

The importer or his agent shall apply for permit in PQ Form-02 in duplicate along with following enclosures:

(i) Demand Draft / Pay Order for Rs.300/- (Rupees Three hundred only) drawn in favour of “Pay and Accounts Officer, Department of Agriculture and Co-operation (Ministry of Agriculture)” of the concerned area of jurisdiction from any Nationalised Bank.

(ii) Catalogue / invoice

(iii) Registration Certificate issued by National Seed Corporation or Director of Horticulture / Agriculture (as the case may be)

(iv) The importer should apply for certification of post-entry quarantine facility to the Inspection Authority in PQ Form-18 well in advance and obtain the Certificate of approval of post-entry quarantine facility in PQForm-19, issued by inspection authority or any officer authorised by Plant Protection Advisor to the Government of India and submit the same along with an undertaking in PQ Form-20 by the importer to grow the imported plants and plant materials under the approved post-entry quarantine facility (applicable in respect of seeds and planting materials that require post-entry quarantine)

The application received shall be registered and permit issued in PQ Form-04 of PQ Order 2003 in five copies for concerned port of entry and an orange and green tag shall be issued in PQ Form-05 to facilitate identification of plant propagative materials upon arrival. The importer is advised to send the exporters copy along with the orange and green tag to the exporter in advance to facilitate the incorporation of the import permit number in the phytosantary certificate issued at the country of origin and to affix the orange and green tag on the consignment for easy identification and the importers copy shall be retained by the importer and duly submitted to the concerned plant quarantine authority at the time of import.

The importer shall note that the permit issued is valid for a period of six months from the date of issue and valid for multiple port access and multiple part shipments provided the exporter, importer and country of origin are the same for the entire consignment.

The importer shall also note that the permit issued is valid for a period for six months from the date of issue and the validity may be extended on request by the importer for further period of six months after payment of Rs.200/- as revalidation fee. The importer should forward the request with valid reason for seeking extension before the expiry of the permit.

The importer shall note that the import permit issued is not transferable and no amendments to the permit shall be issued except for change of point of entry if valid reasons are furnished.

For import of commodities not covered under the Schedule-V, Schedule-VI and Schedule-XII, import permit will not be issued. Pest Risk Analysis is mandatory for import of new commodities into India. Hence, for import of new commodities the importer should apply for Pest Risk Analysis Request Form as reproduced in Appendix-9 to the Plant Protection Adviser to the Govt. of India.

The tissue culture plant species other than listed in Schedule-VI, that are obtained from mother stock tested and certified to be virus free, shall be allowed to be imported subject to testing by appropriate inspection authorities specified in Part-II of Schedule-XI of PQO 2003.

b) Import of seeds/plant material for consumption:

The importer or his agent shall make an application for import of seeds/plant material for consumption in PQ Form-01 of PQ Order 2003 in duplicate at least seven days in advance to the permit issuing authority (Schedule-X) of the concerned port of entry as notified vide Schedule-I, Schedule-II and Schedule-III of Plant Quarantine Order, 2003 along with a demand draft / Pay order forRs.150/- (Rupees one hundred and fifty only) drawn in favour of the “Pay and Accounts Officer, Department of Agriculture and Co-operation, Ministry of Agriculture” of concerned area of jurisdiction from any Nationalised bank.

The import permit shall be issued only for the commodities as listed in Schedule-V, & Schedule-VI.

Import permit not required for the commodities listed in Schedule-VII.

The importer shall note that the permit issued is valid for a period of six months from the date of issue and valid for multiple port access and multiple part shipments provided the exporter, importer and country of origin are the same for the entire consignment.

The import permit is issued in five copies in PQ Form-03 of PQ Order 2003. The permit is valid for six months and can be further extended for another six months if valid reasons are furnished prior to the expiry of the permit after payment of Rs.100 towards revalidation fee.

The importer shall note that the import permit issued is not transferable and no amendments to the permit shall be issued except for change of point of entry if valid reasons are furnished.

For import of commodities not covered under the Schedule-V, Schedule-VI and Schedule-VII, Pest Risk Analysis is mandatory for import of new commodities into India. Hence, for import of new commodities the importer should apply Pest Risk Analysis Request Form as reproduced in Appendix-9 to the Plant Protection Adviser to the Govt. of India.

We do find that in the procedure for issuance of Import Permit for seeds and plant material it is mentioned that permit is issued only for commodities as listed in Schedule-V and Schedule-VI or even Schedule-XII for seed/plants for sowing and propagation category.

 Schedule-V states about list of plants and plant materials restricted for import, permitted only by recommendation of authorized institutions with declarations and special conditions. The list mentions about 17 different types of plants. The list have five headings which are as follows:   i) plant species and variety ii) category of plants and plant materials iii) additional declarations required to be incorporated in PSC iv) special conditions of import  v) responsibility of authorized institution

If we take the example of Tobacco the different details given in the list are:  i) Nicotianna spp ii) seeds for sowing iii)  Freedom from a) Blue mould b) Broomrape  c) Tobacco cyst nematode iv) post entry consignment for a period of one growth season  v) subject to the recommendation, supervision ,monitoring and testing by Central Tobacco Research Institute, Rajamundry.

Schedule-VI states about plants and plant materials permitted to import on additional declarations and special conditions. The list mentions about 571 different types of plants. This list also have five headings which are as follows: i) plant species ii) category of plant material  iii) country of origin  iv) additional declarations to be incorporated in Phytosantary Certificate v) special conditions for import.

As for example the different details given in the list for Tamarind are: i) Tamarindus spp  ii) seeds for sowing  iii) Indonesia, Malaysia, Mauritius, New Zealand, Philippines, Sri Lanka iv) Nil  v) freedom from quarantine weed seeds .

Schedule XII mentions about quantities of seeds permitted for trial purpose/accession to gene bank of National Bureau of Plant Genetic Resources. The list got details about 19 different types of plant seeds.

FAQs

Who issues the permit?

The permit is typically issued by the national agricultural or plant health authority in the importing country.

Why do I need a permit to import plants/plant materials?

Permits are required to regulate the entry of plants and plant materials to prevent the introduction of pests, diseases, or invasive species that could harm local ecosystems and agriculture.

What is a Permit to Import Plants/Plant Materials?

A Permit to Import Plants/Plant Materials is a document issued by the relevant agricultural or plant health authority that grants permission to import specific plants or plant materials for purposes such as sowing, planting, or propagation.

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