Control of Plants Act 1993

Control of Plants Act 1993 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to consolidate and amend the law relating to the cultivation, import, transhipment and export of plants and plant products, the protection of plants and plant products against pests and diseases, the control of the introduction of pests into Singapore, the use of pesticides, the measures pertaining to the development and improvement of the plant industry in Singapore and for purposes connected therewith. [18 February 1994] PART 1 PRELIMINARY Short title 1. This Act is the Control of Plants Act 1993. Interpretation 2. In this Act, unless the context otherwise requires — “authorised analyst” means any person appointed by the Director‑General as an authorised analyst under section 3(3); “authorised officer” means any person appointed by the Director‑General as an authorised officer under section 3(2); “Board” means the National Parks Board established by the repealed National Parks Act (Cap. 198A, 1991 Revised Edition) as in force before 1 July 1996 and continued by section 3 of the National Parks Board Act 1996; “certified pesticide operator” means a person who is certified as a pesticide operator under section 12; “conveyance” includes any aircraft, vessel, train, vehicle or any other artificial contrivance, whether mechanically propelled or otherwise used or capable of being used as a means of transport on land, water or air; “Director-General” means the Director‑General, Plant Health appointed under section 3(1); “diseased” means attacked by or infected with any pest; “fresh fruits and vegetables” means unprocessed and raw fruits and vegetables which are intended for human consumption; “import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air from any place which is outside Singapore but does not include the bringing into Singapore by land, sea or air (whether landed or transhipped in Singapore) for the sole purpose of being carried to any other country either by the same or another conveyance; “label” includes any written, printed, pictorial or other descriptive matter; “land” includes — (a) the surface of the earth and all substances forming the surface; (b) the earth below the surface and all substances in the earth; (c) all vegetation and other natural products whether or not requiring the periodical application of labour for their production and whether on or below the surface; (d) all things attached to the earth, or permanently fastened to any thing attached to the earth, whether on or below the surface; and (e) land covered by water; “licensed grower” means a person who is issued with a licence under section 10; “occupier”, in relation to any land, includes every person in actual possession, management or control of the land; “owner”, in relation to any land, includes every lessee or tenant of the land; “package” includes every means by which plants, plant products and pests are encased, covered, enclosed, contained or packed for conveyance from one place to another; “pest” means any species, strain or biotype of plant, animal or pathogenic agent which is or is capable of being injurious to plants or plant products; “pesticide” means any substance or mixture of substances prepared or used for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances prepared or used as a plant regulator, defoliant or desiccant; “pesticide residue” means the remains of any substance resulting from the use of any pesticide, the level of which is prescribed by rules made under this Act; “phytosanitary certificate” means a phytosanitary certificate mentioned in section 30(1); “plant” means any species of plant or any part of a plant whether living or dead and includes any vegetable, fruit, flower, leaf, stem, branch, spore, seed, root, cutting, graft, scion and any other part, whether severed or attached, intended for propagation or from which further plants may be propagated; “plant product” means any product derived from plants, either in their natural, manufactured or processed form; “premises” includes land; “prohibited pesticide” means a pesticide not specified in the Ninth Schedule to the Food Regulations; “prohibited pesticide residue” means the remains of any substance resulting from the use of any prohibited pesticide; “prohibited plant” means any plant prohibited under section 17; “sell” includes offering or attempting to sell, or receiving for sale, or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or allowing to be sold, offered or exposed for sale, and “sale” has a corresponding meaning; “soil” includes earth, water, peat, manure, compost, sand, clay and any other substance capable of supporting plant life, or transmitting any pest, whether or not used or intended to be used as a growing medium, or in any process of manufacture, or as ballast or for any other purpose; “supply” includes offering or attempting to supply or having in possession for supply or causing or allowing to be supplied; “toxic chemical residue” means the remains of any chemical substance, other than pesticides, the level of which is prescribed by rules made under this Act; “tranship”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air from any place which is outside Singapore any plant and then to — (a) remove or cause to be removed that plant from the conveyance in which it was brought into Singapore; and (b) return or cause to be returned that plant to the same conveyance or transfer it or cause it to be transferred to another conveyance, for the purpose of export, whether such plant is to be transferred directly between conveyances or whether it is to be landed in Singapore after it was brought into Singapore and stored, pending export; “treatment” means disinfection and disinfestation to ensure the removal, sterilisation or killing of any pest by appropriate means. [8/2002; 10/2019; 2/2020] Administration of Act and appointment of authorised officer, etc. 3.—(1) The Board is responsible for the administration of this Act and any rules made under this Act, and to that end, the Board must appoint an officer of the Board to be the Director‑General, Plant Health. [10/2019] (2) The Director-General may, subject to the directions of the Board, appoint any of the following persons to be an authorised officer for the purpose of assisting the Director‑General in administering and carrying out the provisions of this Act or any rules made under this Act: (a) an employee of the Board; (b) an employee of another statutory authority; (c) a public officer; (d) an auxiliary police officer appointed under the Police Force Act 2004. [10/2019] (3) The Director-General may appoint one or more persons with the prescribed qualifications and practical experience to be authorised analysts for the purposes of this Act and any rules made under this Act. (4) The Director-General may delegate the exercise of all or any of the powers conferred or duties imposed upon the Director‑General by any provision of this Act or any rules made under this Act (except the power of delegation conferred by this subsection) to an authorised officer; and any reference in the provision of this Act or any rules made under this Act to the Director‑General includes a reference to such an authorised officer. [10/2019] (5) Any delegation under subsection (4) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Board may specify. [10/2019] (6) The Director-General may, for any reason that appears to him or her to be sufficient, at any time revoke a person’s appointment as an authorised officer. [10/2019] (7) A person mentioned in subsection (2)(d) who is appointed as an authorised officer does not, by virtue only of the appointment, become an employee or agent of the Board. [10/2019] Officers deemed to be public servants 4. Every authorised officer is deemed to be a public servant for the purposes of the Penal Code 1871. Officer to produce identification on request 5. Every authorised officer, when exercising any power under this Act, must declare his or her office and must, if requested by any person in relation to whom the power is sought to be exercised, produce such identification card as the Director-General may provide. Director-General may authorise public officer, etc., to exercise powers and perform duties 6. A power conferred and duty imposed on the Director‑General under this Act or any rules made under this Act may be exercised and carried out by any public officer or officer of the Board or of any other statutory authority generally or specially authorised by name or office by the Director‑General and subject to his or her directions. [10/2019]