Tuta absoluta (Control) Regulations, 2010

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,532, 12 ta’ Jannar, 2010

L.N. 26 of 2010

PLANT QUARANTINE ACT

(CAP. 433)

Tuta absoluta (Control) Regulations, 2010

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act the Minister for Resources and Rural Affairs has

made the following regulations

The title of these regulations is the Tuta absoluta (Control)

Regulations, 2010.

These regulations concern the measures to be taken to

control and contain the Tomato leaf miner moth (Tuta absoluta).

In these regulations, unless the context otherwise requires

“the Act” means the Plant Quarantine Act;

“the Department” means the Plant Health Department;

“the Director” means the Director of Plant Health

Department and includes, to the extent of the authority given,

any officer or person authorized by the Director;

“the field” means a site, including open fields and

greenhouses for the production of susceptible plants;

“the grower” means any person, entity, authority or other

legal entity which is involved in the propagation, production or

cultivation of susceptible plants;

“the grower representative” means any entity or any

other legally constituted body, which manages, administers or

is responsible for any growers;

“the Minister” means the Minister responsible for

agriculture;

“the Ministry” means the Ministry responsible for

agriculture;

“mass trapping” means the trapping of the pest en

masse;

“the pest” means the Tomato leaf miner moth (Tuta

absoluta);

“movement” means the movement of plants, plant

products and other objects to which these regulations apply,

from one place to another within Malta or within the European

Union.

“susceptible plants” means Solanaceae plants on

which Tuta absoluta can be injurious, and includes tomato,

Lycopersicon lycopersicum (L.) Karsten ex Farw and potatoes

Solanum tuberosum L.

(1) On the occurrence or suspected occurrence of the

pest on susceptible plants, the Department shall be empowered to

register the infected plant and field;

(2) Any person, entity, authority, including growers,

who are involved in the propagation or production of susceptible

plants shall

(a) ensure that the phytosanitary conditions within a

field are homogeneous as regards the risk of the pest by taking

into account sound scientific and statistical principles, the

biology of the pest, the cultivation of the field and the particular

production systems of the host plants of Tuta absoluta in Malta;

and

(b) carry out necessary actions and at appropriate times,

to ascertain that the obligations laid down in these regulations

and in any guidelines issued under these regulations are met in

such a way and manner as laid down in any guideline instructions

that may from time to time be issued by the Director.

(3) Any grower representative, shall be obliged to

follow such guidelines issued by the Department and which the

Director may, from time to time, deem necessary to issue.

(4) To contain and control the pest, the Department

shall establish and enforce various provisions as may be published

by notice in the Gazette.

(5) Without prejudice to other regulations under the

Act, the Director may also take adequate enforcement measures, as

may be established in the Gazette and which may include the full

suspension and, or destruction of the susceptible plants produced,

propagated and, or cultivated in any of the fields under the Director’s

responsibility.

(1) Any grower or legal entity which is responsible for

the property where susceptible plants are kept, or where susceptible

plants will be produced during the next season, is obliged to register

such plants with the Ministry as the Director may establish in the

Gazette.

(2) No person shall carry out any of the following

activities unless such person is registered in terms of the provisions

of regulation 5(1) of these regulations

(a) propagating, growing, trading or any other activity

associated with any susceptible plants;

(b) the production or the management of collective and

dispatching centres.

(1) Any grower or grower representatives are obliged

(a) to keep a record of all the susceptible plants and of

any other relevant information in such a manner as laid down

in guideline instructions as may by time to time be issued by

the Director;

(b) to give such information and co-operate with the

Director on any matter relating to these regulations and for

such purpose shall ensure access to any person authorised by

the Director, in particular for inspection and, where appropriate,

sampling, and to the records referred to in paragraph (a) hereof

and related documents in accordance with these regulations.

(2) Failure to abide by the Department’s instructions

shall entitle the Director to gain access to any premises and, or

property and to take any action which is deemed necessary in terms

of these regulations. All expenses incurred by the Department in

exercising such action shall be borne solely by the entity or any

other legally constituted body on whose property or premises the

plants are found.

(1) The Department shall issue guidelines and instructions

in the Gazette for the containment and control of this pest.

(2) Where, following the inspections or checks it is

found that the plants, plant products or other objects do not satisfy

the requirements established by these regulations or guidelines and

instructions issued under these regulations, the Department shall

immediately take adequate enforcement measures to contain the

pest as stipulated in regulation 4(5).

(1) Without prejudice to the provisions of the Act and

regulations made thereunder, inspections by the Department shall be

intensified on any imports of tomato seeds and seedlings.

(2) Any movement of tomato seedlings and tomato fruits

will be closely monitored by the Department and will be subjected

to the same regime to both tomato fruits and seedlings originating in

Malta or any other Member State.

(1) (a) It shall be the duty of the Director to ensure

compliance with the provisions of these regulations and for such

purposes the Director shall carry out such checks, verifications and

inspections during any such time as may be necessary.

(b) For the purposes of the foregoing provisions of these

regulations, the Director shall have access to any premises

where an activity regulated by these regulations is being carried

out and he shall also have access to all relevant information and

records. The Director may also collect samples of plants, plant

products and other objects and carry out any relevant checks

thereon.

(2) Where it is established, through the checks carried

out in accordance with this regulation, that there is a risk for the

spreading of the pest, such checks shall be the subject of official

measures in accordance with these regulations or any other measure

that the Director may deem fit.

(3) Without prejudice to provisions of these regulations,

if any person, entity, authority or other legally constituted body is

found not to abide with these regulations or with instructions and

guidelines issued by the Department under these regulations, such

person, entity, authority or other legally constituted body shall be

guilty of an offence under the Act.

(1) The Director may, where he deems appropriate,

issue guidelines, measures or operative procedures for the

implementation of these regulations.

(2) Without prejudice to the generality of subregulation

10(1) of these regulations, the Director may by notice published in

the Gazette, lay down the minimum measures to be taken to control

and prevent the spread of the pest.

Without prejudice to the provisions of these regulations,

any person found guilty of an offence against any provision of these

regulations shall, on conviction, be liable to penalties established

under the Act.

12 . (1) The Director may at any time revoke the measures

taken to control the pest.

(2) Nothing in these regulations shall be construed to

contravene the provisions of the Act and regulations thereafter, and,

or relative European Union Regulations, Directives and Decisions.