  IMPORT PLANT QUARANTINE

 Relevant legislations

Main provisions in Korea’s Plant Protection Act.

ARTICLE 1.  PURPOSE

The purpose of this Act is to contribute to the safety and promotion of agriculture and forestry production and to protect natural environment by prescribing the necessary matters pertaining to the quarantine of import and export plants, and domestic plants and to control pests and diseases inflicting harms on plants.

ARTICLE 8.  PHYTOSANITARY CERTIFICATE

Any person intending to import plants or associated container and packaging for the plants should accompany a phytosanitary certificate which conforms to the phytosanitary certificate form as prescribed by International Plant Protection Convention and issued by a government authority of the exporting country. Nevertheless, this shall not be applicable to cases that fall under the following subparagraph:
1. in case of importing from a country that has no government authority responsible for plant quarantine;
2. in case of importing through hand luggage or mail; or
3. in other cases where it is difficult to accompany a phytosanitary certificate, of which are stipulated by the Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.



ARTICLE 10.  PROHIBITION OF IMPORT

1.  Any items which fall under any of the following subparagraphs shall not be imported:
(1) Plants which are produced or sent from areas where pests as a result of pest risk analysis under Article 6, known to inflict serious damages on domestic plants upon introduction, or which have visited such areas (except for simple transit as prescribed by the Ordinance of the Ministry for Food, Agriculture, Forestry and Fishries), and of which are specified in the Ordinance of the Ministry of Agriculture;
(2) Pests. - Except for those, as a result of pest risk analysis, approved by the Minister for Food, Agriculture, Forestry, and Fisheries of Korea to cause no economic damages on plants in Korea;
(3) Soil or plants attached with soil; and
(4) Containers or packaging of the items specified in the above subparagraphs from 1 through 3.
2.  Notwithstanding the paragraph 1, prohibited items which fall under any of the following subparagraphs may be imported:
(1) In case a permission has been obtained from the Minister for Food, Agriculture, Forestry, and Fisheries of Korea by meeting the requirements prescribed by the Presidential Decree for the purpose of offering to a research or to an international exhibition approved by the Government;
(2) In case risk management options against pests that live in plants under paragraph 1 (1), are submitted by an exporting country, whereby its validity has been approved, and as a result of the pest risk analysis on the validity, it is approved cause no damages to domestic plants; and
(3) In case plants are imported in order to secure the agricultural genetic resources in accordance with Act on the Preservation, Management and Utilization of Agricultural Genetic Resources.

3. The Minister for Food, Agriculture, Forestry, and Fisheries of Korea may attach necessary conditions such as importation method, management method after importation and other matters needed to import prohibited items under paragraph 2 of this Article.