Plant Health Law (PflGesG).

Subject

Cultivated plants

Keyword

Pests/diseases Transport/storage Plant production Plant protection Access-to-information Business/industry/corporations Enforcement/compliance Offences/penalties Authorization/permit Liability/compensation International trade Monitoring

Geographical area

Alps, Europe, Europe and Central Asia, European Union Countries, North Sea, North-East Atlantic, Western Europe

Entry into force notes

This Law comes into force on 13.07.2021.

Abstract

This Law is enacted in light of implementation of the EU regulations in the field of plant health. The Law provides for implementation of regulations regarding the measures to be taken against plant pests, official controls and activities to ensure the application of life and feed law, the regulations on animal health and welfare, plant health and plant protection products. The federal research institute for culture plants (Julius Kühn Institute) is in charge to publish guidelines on control of certain pests, for the passage management of phytosanitary procedures and measures to be taken to combat the pests. The Law provides for regulations on removal, transport, import, export and placing of the plants in the market with the purpose of combating against pests and protecting plants. The Federal Ministry of Food and Agriculture is empowered to issue regulations in this respect. The Law provides for payment of compensation to farmer’s in cases that the plant products against provision of this Law are destroyed. The customs authorities are responsible for surveillance the import, transit and export of harmful organisms and infested objects. The Law further provides for obligation to provide information to natural and legal entities carrying out operations in this sector and the Law determines fine regulations for commitment of administrative offences. The Law consists of 3 Articles, 6 Sections and 18 Subsections. The Sections are S1. General provisions; S.2 Implementation of phytosanitary measures; S3. Damages payment, subrogation, costs; S.4 Authorities, surveillance; S.5 Disclosure requirements and transmission of data; S.6 Fine regulations and final provisions.

Full text

German

Website

www.gesetze-im-internet.de

References - Legislation

Implements

Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, amending Regulations (EU) No. 228/2013, (EU) No. 652/2014 and (EU) No. 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC.

Legislation | European Union | 2016 (2017)

Keyword: Basic legislation, Plant protection, Pests/diseases, Certification, Integrated pest management-IPM/pest management strategies, Quarantine, Traceability/product tracing, Early warning system, Risk assessment/management

Source: FAO, FAOLEX

Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.

Legislation | European Union | 2017 (2021)

Keyword: Enforcement/compliance, Basic legislation, Food quality control/food safety, Packaging/labelling, Internal trade, International trade, Ecological production/organic production, Certification, Agricultural commodities, Residues, Drugs, Animal feed/feedstuffs, Animal welfare, Animal health, Plant protection, Pesticides

Source: FAO, FAOLEX

Implemented by

State Ordinance on the transfer of responsibilities in the areas of plant protection, plant health and seed marketing (PflSchGSaatgut-ZustVO).

Legislation | Germany | 2021

Keyword: Legal proceedings/administrative proceedings, Institution, Plant protection, Planting material/seeds, Plant production

Source: FAO, FAOLEX