Government Decree No. 169 / 1948 Coll.
Regulation on measures against mashed-potatoes
Valid
Effective from 16.07.1948
169.
Government Regulation
of 22 June 1948
on measures against potato almonds.
The Government of the Czechoslovak Republic orders pursuant to § § 11 and 13, § 16, § 2, § 17, § 10 and § 19, § 4 of the Act of 2 July 1924, No 165 Coll., on the Protection of Plant Production:
Potato almonds referred to in this Regulation shall mean potato almonds (Leptinotarsa - Doryphora decemlineata) at any stage of development (egg, larva, cocoon and beetle).
(1) The owner of the land is obliged to monitor and notify the presence of a potato almond or a reasonable suspicion of such presence to the local national committee of the municipality in whose cadastral territory such land is located, no later than 24 hours after detection and at the same time delivery of a potato almond or insect which he considers to be a potato almond, or an article from which he considers to be present (leaf, beetle neck, etc.).
(2) The notification obligation referred to in paragraph 1 shall also apply to those who are not owners of the land and who observe or have reasonable suspicion of its presence.
(1) The local national committee shall immediately send a report, by telex, telephone or express letter, of each case of potato almond, or of a reasonable suspicion thereof to the district national committee and the competent research institute of agriculture (§ 21 (1)) and send it at the same time in a safe and appropriate way to be found in the well-sealing packaging of potato almond, killed in suitable liquid (alcohol, kerosene, boiling water and so on), or to be killed insects which it considers to be potato almond, or the object from which it assesses its presence; In the report, the address of the owner of the land, the cadastral number and the area of the land must be specified.
(2) The movement of potatoes or other plants from the parcel on which the potato mandeline has been observed or suspected of occurring shall be prohibited until further decision (§ 4); the local national committee shall draw attention to this ban on the owner of the land and shall have strict regard for its maintenance.
(1) If the research institute does not find potato almonds, it shall notify the local national committee (§ 2 (1)), which shall immediately inform the owner of the land, within 24 hours of receipt of the notification by the district national committee, who shall inform the owner of the land, if he has fulfilled the obligation under § 2 (2).
(2) In cases of doubt, the research institute of the agricultural sector shall, within the same time limit, request further evidence of the investigation or establish, without delay, the actual situation of the case on the spot.
(3) If the research institute finds a potato almond, it shall notify the local national committee (§ 2 (1)) within 24 hours, and at the same time inform the district national committee (§ 21 (2)) of the relevant national committee (the relevant national committee) in Slovakia responsible for agriculture and land reform.
(1) The local national committee shall declare within 24 hours of receipt of the report referred to in Article 4 (3), in a manner which is customary in the presence of potato almonds in the municipality; in the order, also indicate the name of the owner of the land and the cadastral number, if any, at the place of the usual designation of the contaminated land. It shall immediately report on this measure to the district national committee and the competent research institute for agriculture.
(2) If it is a nest of potato almond in which the plot is concentrated, the local national committee shall prohibit the entry to such a parcel and shall require its owner to place on its load a table with a permanent inscription "potato almond; no entry."
(3) The local national committee is required to keep a list of contaminated parcels and protective measures implemented in accordance with the model issued by the competent plant protection institute (§ 21 (1)); candidates may consult it.
(4) The Research Institute of the Agricultural and District National Committee shall keep a list of contaminated parcels for its perimeter as well as a brief overview of the occurrence and the operations carried out on the contaminated land.
(5) The Research Institute of Agriculture shall send to the Ministry of Agriculture and to the relevant Regional National Committee, Slovakia responsible for agriculture and land reform, as well as to the competent National Union of Farmers, each year in January, a list of municipalities and land infested in the previous year; it shall also indicate the changes which occurred to the extent of the infestation of each municipality compared to the previous year.
(1) The District National Committee shall declare the territory of the municipality in which the presence of potato almonds has been found to be infected and other territories as defined, as appropriate, in view of the measures to be taken to prevent and eradicate it, as being at risk; the border of the vulnerable territory must be chosen in such a way as to be consistent with the border of the municipality. If the affected area is affected, or if there is a need for the affected area to be extended to the neighbouring administrative districts, the district national committee in whose district it is infected shall notify the national committees concerned and inform them of the necessary measures to implement the measures. In an infested village, the district national committee will immediately declare a ban on the carrying of live potato almonds.
(2) The Regional National Committee shall also take the precise measures necessary to prevent the spread and eradication of potato mandelins, unless the local national committee has already done so (§ 9 (2)), in particular order to request the completion of the relevant agricultural research institute, in the contaminated territory and, where appropriate, in the municipalities of the vulnerable territory:
(a) the prohibition to move potatoes or other plants, their parts and waste, as well as objects which have been in contact with contaminated land, soil and compost from the infected area,
(b) the elimination of mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mica with mashed mashed mashed mashed mashed mashed mashed mashed mashed mashed mica;
(c) disinfection of contaminated or endangered parcels, without crops and with crops, effective plant protection products, partial or even complete planting of contaminated or threatened parcels of potatoes;
(d) mandatory soil inspections;
(e) the compulsory detection and collection of almonds by potato owners of contaminated or endangered parcels, after the population of the municipalities concerned, on specified days (search days);
(f) compulsory reporting to the local national committee of parcels planted with potatoes.
(3) The measures provided for in paragraphs 1 and 2 shall be declared by the district national committee immediately in the municipalities concerned.
(1) The Ministry of Agriculture may declare a territory at risk other than that referred to in Paragraph 6 (1) if a potato mandeline is near national borders outside the territory of the State.
(2) The Ministry of Agriculture may also order measures other than those referred to in Section 6 (2) in the infected municipality and in the vulnerable area, in particular may order detailed checks on contaminated or endangered parcels by the control authorities (§ 21 (2)).
(3) If necessary, it may be used for the free search, collection and destruction of potato mandelins in infected municipalities and in the territory of vulnerable older schools, in particular national schools, in cases of a stronger spread of potato mandelates, or the risk of such an extension and of working units formed from the local population, including troops. The measures will be taken by the Regional National Committee, in Slovakia responsible for agriculture and land reform, in agreement with the competent authorities and authorities for the cooperation of the competent Union of Farmers.
(4) The Ministry of Agriculture will declare in an agreement with the Ministry of Food, Internal Trade, Transport and Post, as appropriate, in the Official Gazette for the whole or part of the State, determined by country or district, that any movement of potatoes or other plants is linked to the authorisation of the local national committee and that, in public transport, this authorisation must be accompanied by transport documents (bill of lading, postal guide, etc.) and private transport must be accompanied by cargo for official control purposes. Forms of these certificates will be issued to municipalities by the national committees of the Land, Slovakia, responsible for agriculture and land reform, to cover overheads in bundles whose leaves are numbered continuously; the models of the certificate are laid down by the Ministry of Agriculture by the decree mentioned above.
In an infested municipality or in an endangered area (§ 6, paragraph 1), the owners of the land shall be obliged to protect their own land and crops from the introduction of potato almonds and, if they occur, to prevent the spread of the land by appropriate means and to immediately exterminate it.
(1) The owners of the land in the infected municipality and in the vulnerable territory are obliged to jointly implement the necessary measures referred to in § 6 (2) (a) to (e) on their cargo.
(2) The obligation referred to in paragraph 1 shall be declared at the place by the usual local national committee, which shall report it simultaneously to the district national committee. The Regional National Committee may supplement or amend the action of the local National Committee as necessary.
(3) If there is a joint eradication of potato almonds (paragraph 2), the local national committee may implement the measures referred to in § 10 (3) of Act No. 165 / 1924 Coll.
If the owner of the land fails to comply with the obligations imposed on him under Sections 8 and 9, the local national committee shall take the necessary measures on its cargo; If the local national committee fails to do so, the district national committee shall do so.
It shall be prohibited to accompany the national territory and to import from abroad a live potato almond.
It shall be prohibited to import all live plants and parts thereof (tubers, trees, shrubs, flowers, non-woody plants, seedlings, cuttings, onions, gouges, fresh fruit and vegetables, etc.) and waste contaminated with potato mandelins, as well as packaging and articles which have been in contact with such live plants or the land where those plants were grown; This prohibition also applies to border traffic.
(1) It shall be prohibited to import all live plants, their parts, waste and packaging and objects which have been in contact with live plants or the parcels where the plants have been grown (hereinafter referred to as "the consignment ') from the States in which the potato mandrel has been detected; This prohibition also applies to border traffic.
(2) In an agreement with the Ministry of Foreign Affairs, the Ministry of Agriculture will publish a list of States in the Official Journal, in the case of countries where potato mandelins have been detected.
(3) Exemptions from the prohibition provided for in paragraph 1 may, on a case-by-case basis, be authorised by the Ministry of Agriculture at its request in an agreement with the Ministry of Food and Internal Trade, sparing the provisions on measures against vine disease and against the worm San José (Annex 2 C / I and II to the Decree of 13 December 1927, No 168 Coll., implementing the Customs Act).
Any consignment whose import has been authorised pursuant to Paragraph 13 (3) shall be accompanied by a certificate of origin and health of live plants (in the next "certificate ') issued by the Public Plant Protection Institute (Plant Protection Station) on a single form in the language of the exporting State and in the language of the Czech or Slovak. This certificate may not be of more than one week of age on the day on which the consignment is presented and shall conform to the specimen in the Annex and the contents of the consignment.
(a) the name of the public plant protection institute (s) under the heading of the certificate and the official reference number;
(b) a certified declaration by the local authority of the producer of live plants of the place where the live plants were grown;
(c) a declaration by the public plant protection institute (s) that there was no potato mandeline in the territory of the municipality where the plants were grown and that there was no suspicion that it might occur;
(d) a statement by the official of the public plant protection institute (s) that the consignment has been inspected as a control authority, that it is free from potato mandelins at any stage of development and that the packaging on the consignment is new, not yet used;
(e) a description of the consignment (name and address of the consignor, name and address of the consignee, the marks and numbers of each piece, their content and gross weight).
(1) Any consignment whose import has been authorised under Paragraph 13 (3) shall be subject to an inspection carried out by the inspection bodies of the research institutes of agricultural establishments (Section 21), after the county national committees to which the Ministry of Agriculture is responsible.
(2) The inspection of a consignment of gross weight exceeding 20 kg shall be carried out exclusively at border customs offices authorised to deal with consignments of live plants. A consignment of a gross weight not exceeding 20 kg may also be subject to this inspection at the customs offices of the premises of the agricultural research institutes; The Ministry of Agriculture may, in special cases, grant an exemption.
(3) The railway or post office or customs office shall immediately notify the competent research institute, by telegraphically, to the agricultural or designated inspection authority of the district national committee and to the importer of its costs. The customs office shall refuse to discuss the non-certified consignment.
(4) The research institute of agriculture, after another public institution, station or district national committee, shall immediately, within 24 hours of receipt of the report, send to the customs office the inspection body which, in the presence of the customs officer and the railway or postal authority, shall, after the importer, carry out a detailed inspection to determine whether the consignment is being attacked by a potato mandrel. The control authority shall also be authorised to take a sample free of charge for further detection in the laboratory (paragraph 6); in the consignment note or in the postal guide note that he did so. Following the investigation, the sample shall only be returned if requested by the importer.
(5) Where there is a reasonable suspicion that a substantial indication of the certificate (Paragraph 14) is not in conformity with the facts or if the inspection authority finds that the consignment is being attacked by a potato almond, the customs office shall refuse, on the basis of a protocol declaration by the inspection authority, the treatment of the consignment and shall note the refusal in the consignment note or in the postal guide.
(6) Where there are reasonable grounds for suspecting that the consignment is being attacked by a potato almond and if the control authority is required to carry out a part of the consignment under laboratory examination, the customs office shall not examine the consignment until the control authority has notified the result of the laboratory investigation.
The importer of the consignment shall bear the cost of the inspection, the amount of which shall be determined by a flat rate, by the Ministry of Agriculture, in agreement with the Ministry of Finance and the Supreme Office, by a price decree in the Official Journal. The refund shall be prescribed by the inspection authority to which the payment certificate must be submitted at the latest when the inspection is carried out.
The Ministry of Agriculture may, in agreement with the Ministry of Food and Internal Trade, grant general exemptions to the provisions of Sections 13, 1 and 14 and 15. The restrictions set out in Paragraph 13 (3) shall also apply. In the absence of exceptions for border and travel, the Ministry of Agriculture shall declare general exceptions in the Official Journal.
Exceptionally, inspections may be carried out under customs control of individual consignments from States not listed in the Decree pursuant to Paragraph 13 (2) if there are reasonable grounds for suspecting that such consignments are contaminated. In this case, the importer of the consignment shall not be obliged to cover the cost of the inspection.
To carry out a consignment from the States in which the potato almond occurs, it shall be permitted without inspection, provided that the consignment is carried in an undamaged and well-sealed vehicle or in undamaged and well-sealed packaging.
Only agricultural public research institutes (§ 21 (1)) are permitted to retain live potato mandeline (§ 1); other institutions, after the case of a person, may only retain it with the permission of the Ministry of Agriculture.
(1) The following agricultural research institutes carry out the professional supervision of the maintenance of the provisions on measures against mashed potatoes in their area of competence (Decree of 22 July 1932, No. 140 Coll., on the professional supervision of the conservation of the provisions of Title II of the Plant Production Act):
(a) in the Czech Republic: Institute for Plant Protection of State Research Institutions of Agricultural Institutions in Prague;
(b) in the Land of Moravian-Silesian: the Institute for Plant Protection of the Regional Research Institute for Plant Production in Brno;
(c) in Slovakia: Plant Protection Institutions of State Research institutes of agricultural establishments in Bratislava and Košice.
(2) The inspection bodies of the research institutes of agriculture (paragraph 1) are the research centres of the agricultural or physical person, if possible by public servants, primarily the professional bodies of the district national committees, which will be entrusted by the Ministry of Agriculture to carry out the inspection. The persons carrying out the inspection must be shown in the performance of the inspection by means of a photograph issued to them by the Ministry of Agriculture.
(3) The information and intelligence service on potato mandreline in each area is carried out by the plant protection rapporteurs appointed by the Ministry of Agriculture after hearing the research institutes. The plant protection rapporteur's appointment decree is also an ID card for land inspections.
(1) The authorities of the research institutes of the agricultural sector (§ 21 (1)), their control bodies (§ 21 (2)) and the rapporteurs for plant protection (§ 21 (3)) are entitled to carry out inspections of the parcels and storage sites of potatoes.
(2) The owner or his representative shall always be invited to inspect the land. The inspection shall be limited to circumstances the knowledge of which is necessary for its purpose.
(3) If the owner of the land or his representative does not participate in the inspection, although invited to, his absence is not an obstacle to its implementation.
(4) The costs associated with the inspection shall be reimbursed by the owner of the land or warehouse, if it is established at the time of the inspection that he did not fulfil the obligation imposed on him in Section 8.
The provisions of this Regulation applicable to the owner of the land shall also apply mutatis mutandis to smugglers, consumers or other users of the land.
The local and district national committees shall, when issuing the measures provided for in this Regulation, cooperate with the relevant components of the Union of farmers.
The applicability of the Government Decree of 24 February 1939, No 45 Coll., on measures against potato mandelins, as well as the Government Decree of 25 February 1938, No 40 Coll., on measures against the introduction of potato mandelins, as amended by the Government Decree of 24 June 1938, No 138 Coll.
The transfers of this Regulation are punishable in accordance with the provisions of Title III of Act No. 165 / 1924 Coll.
This Regulation shall enter into force on the day of its publication; they shall be implemented by the Minister for Agriculture in agreement with the Ministers involved.
Zaporocký v. r.
Děuriš v. r.
Annex to Decree-Law No 169 / 1948 Coll.
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Regulation Information
| Citation | Government Decree No. 169 / 1948 Coll., on measures against potato mandeline |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.07.1948 |
|---|---|
| Effective from | 16.07.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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