Act No. 249 / 2008 Coll.
Act amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended
Valid
Law
Effective from 04.07.2008
Text versions:
04.07.2008
249
THE LAW
of 5 June 2008
amending Act No. 326 / 2004 Coll., on Plant Health and amending certain related acts, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended by Act No. 626 / 2004 Coll., Act No. 444 / 2005 Coll. and Act No. 131 / 2006 Coll., is amended as follows:
1. In Paragraph 28 (1), the words "allow the phytosanitary authorities to carry out the necessary investigations' are replaced by the words" propose the place where the phytosanitary authorities can carry out the necessary investigations'.
2. in Paragraph 28, the following paragraph 2 is inserted after paragraph 1:
"(2) The plant health service shall carry out the investigation referred to in paragraph 1 only at a place which complies with the minimum technical equipment requirements laid down in the implementing legislation. In order to carry out the investigation of the export of plants, plant products and other objects presenting a high level of risk of introduction and spread of harmful organisms, the plant health management of the site of carrying out the investigation and the operating regime of those sites shall be established and published in the Bulletin. A high level of risk is considered to be the ability of harmful organisms not to produce visible signs of infestation (" the concealed infestation '). Plants, plant products and other objects and harmful organisms causing them to be contaminated shall be subject to implementing legislation.';
Paragraphs 2 to 8 shall be renumbered paragraphs 3 to 9.
3. Paragraph 43, including the title, reads:
Control of products
(1) Product control means checking compliance with the conditions, requirements and obligations laid down by this Act, its implementing legislation and decisions of the plant health administration to natural and legal persons and concerning products such as products, their placing on the market, storage and use in the Czech Republic.
(2) The control of products shall also mean their laboratory tests to verify that the composition of the product, its chemical, physical and technical properties, or biological properties (where applicable, a product containing micro-organisms) comply with the conditions laid down in the marketing authorisation, including the particulars in the supporting documents on which the marketing authorisation was issued.
(3) The use of the product shall mean all activities directly directed towards its application, in particular hand-held or temporary storage outside the placing on the market, immediate handling, dilution, mixing and self-application by means of a mechanisation device.
(4) The production, re-packaging and re-labelling of products is also subject to control (Section 42) where this activity is intended to place products on the market.
(5) In the detection of deficiencies, the plant health authority shall be entitled to issue measures pursuant to Article 75 or Article 76 (1) (f); the facts giving rise to such measures shall not be subject to the obligation of confidentiality under the Administrative Rules (11).
(6) Samples of consumer packaging with the product as required for laboratory testing are taken by the phytosanitary service
(a) the place where the product is sold or stored after notification to the marketing authorisation holder or to the holder of the authorisation to import the product at the same time into the Czech Republic; the holder is entitled to participate in the collection by the date communicated to him by the plant health authority,
(b) without notification to the marketing authorisation holder or the authorisation holder of the parallel product, where appropriate in the light of the circumstances.
A certificate shall be drawn up for sampling, including the price of the sample taken at which the sample was taken by its owner.
(7) The marketing authorisation holder shall deliver certified standards of active substances contained in controlled products to his own cargo at the request of the phytosanitary service.
(8) The marketing authorisation holder or the import authorisation holder of the parallel product shall, in the case of sampling as referred to in paragraph 6 (a), pay the owner of the product the price at which the sample was taken by the owner, as specified in the certificate referred to in paragraph 6, which shall be communicated by the phytosanitary service.
(9) Where the plant health authority finds that a sample taken pursuant to paragraph 6 (b) has been taken, it shall: (b) comply with the law and its implementing rules, provide the marketing authorisation holder or the import authorisation holder with a refund equal to the price at which the sample was taken, provided that the marketing authorisation holder or the import authorisation holder applies for a refund within a period of 6 months from the date of notification of the result of the laboratory examination. Replacement shall be granted by the plant health authority no later than 30 days from the date on which the marketing authorisation holder or the authorisation holder requested it to import the parallel product.
(10) A person who stores and sells products to consumers in the course of business shall be required to cooperate in the taking of samples of the product in its warehouse under the procedure referred to in paragraph 6, carried out by the plant health authority, and to abide by the presence of the marketing authorisation holder or the authorisation holder to import the parallel product when taking samples.
(11) The plant health management also carries out surveillance in accordance with the specific legislation25). "
4. In Paragraph 76 (1) (a), the word "import 'shall be inserted at the beginning of point 1.
5. In Section 76 (2), the introductory part of the provision reads: "Exceptional plant health measures shall be directed by the plant health service to individually designated natural or legal persons, after carrying out the necessary professional investigation or, if there is a risk of delay, without delay. Where such measures concern an unspecified quantity of natural or legal persons, they shall be ordered by legislation on emergency phytosanitary measures, which shall be referred to as the Decree of the State Plant Health Administration. The Decree of the State Plant Health Administration shall be published on the official plates of the Ministry and of the Plant Health Administration for a period of at least 15 days and shall be published without delay in a way which allows remote access, where appropriate in regional or national press and radio or television broadcasting. The Decree of the State Plant Health Administration shall take effect on the day of its publication; the date of its publication shall be deemed to be the date of its hanging on the official plate of the Ministry. The operator of radio or television broadcasting shall be obliged to allow free of charge representatives of the plant health administration to declare the measures contained in the Decree of the State Plant Health Administration. Exceptional plant health measures shall be imposed '.
6. in § 76 (2) (e) (1), the words "and § 53" shall be inserted after the words "§ 34 (3)."
7. In Paragraph 76, at the end of paragraph 4, the dot is replaced by a comma and the following point (c) is added:
"(c) in the event of revocation or amendment of legislation on emergency phytosanitary measures, the provisions of paragraph 2 shall apply mutatis mutandis.";
8. in Article 79 (1) (f), after the words "Article 21 (1) and (3)," the words "and the investigation into the export of plants, plant products and other objects referred to in Article 28 (1) and (7)" shall be added;
9. In the first sentence of Paragraph 86 (1), the words "or graduate of a vocational course referred to in paragraph 4 'shall be inserted after the words" or graduate of a vocational course'.
10. In the second sentence of Article 86 (1), the words and storage of products by distributors shall be deleted after the word "packaging" unless they provide advice on the use of products'.
11. in Paragraph 86 (3), the words "or graduate of the vocational course referred to in paragraph 4" shall be inserted after the words "paragraph 2 (b) and (c)";
12. In Paragraph 86 (4), the sentence "Graduates of the course shall be issued a certificate of completion; the details of the certificate shall be laid down in the implementing legislation. ';
13. in § 88 (1) (b), the words "§ 16 (2)" shall be inserted after the words "§ 30 (1)," the words "§ 72 (10) (e)" shall be inserted;
14. in § 88 (2), "§ 71 (1) (i)" is replaced by "§ 71 (1) (h)";
Efficacy
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 249 / 2008 Coll., amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2008 |
|---|---|
| Effective from | 04.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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