Non-Tariff Barriers

Non-Tariff Measure

NTM classification

A84: Inspection requirement 

Date when the measure came into force

01 January 2012 

Publication where the measure is specified

PLANT PROTECTION (IMPORTATION) ORDER [Subsidiary] [Rev. 2012] 

Regulation where the measure is specified

Plant Protection (Importation) Order 

Country/Region applying the measure

Kenya 

Coded list of objectives

C: Protection of life and health of plants 

Description of the measure

5.All plants, seed and fruit, other than canned or bottled fruits imported, shall be examined by an inspector:
Provided that, in the case of any plant, seed or fruit specified in the Third Schedule, the inspector may, if he is satisfied that such plant, seed or fruit is being imported for consumption, processing, manufacture or any purpose other than propagation, dispense with inspection, and thereupon, notwithstanding the provisions of paragraph 2, no permit shall be required for importation.
6.The inspector may—
(a) direct, authorize or carry out the disinfection or treatment of any plant and of any article believed by him to be infected or infested with or in any way carrying a pest or disease, or likely to infect any plant with a pest or`
b) direct, authorize or carry out the immediate destruction of any imported plant or article which on inspection appears to be infected or infested with or in any way carrying any pest or disease where, in the opinion of an inspector, disinfection or treatment is impracticable or will not be a complete safeguard, or the delay caused by disinfection or treatment would give rise to the risk of the introduction or spread of any pest or disease; and
(c) direct, authorize or carry out the disinfection or fumigation of any vessel, vehicle or aircraft which in the opinion of the inspector is harbouring any pest or disease, or an article likely to infect any plant with a pest or disease.
7.(1) Any package or parcel containing any plant or seed imported otherwise than by post shall be delivered to an inspector by the Commissioner of Customs and Excise.
(2) Any package or parcel containing any plant or seed imported by post shall be delivered to an inspector by the Managing Director of the Kenya Posts and Telecommunications Corporation.
(3) After examination and treatment as provided in sub paragraphs (1) and (2), the package or parcel shall, except where such package, parcel, plant or seed has been destroyed under the instructions of such inspector, be returned by such inspector to the Commissioner of Customs and Excise or the Managing Director of the Kenya Posts and Telecommunications Corporation, as the case may be, for delivery to the addressee.
8.No compensation shall be payable in respect of any package, parcel, article, plant or seed destroyed or damagedin any treatment required to be carried out under this Order.
9.The Director of Agriculture may require imported plants to be detained in quarantine or in special nurseries or places approved by him, for such period as he may think fit. 

Reference of the measure

Section 3-9 

Measure also domestic

No 

Products affected by the measure.

Description

Plants. seed and fruits 

Countries/Regions affected by the measure.

Description

All countries