Government Decree No. 62 / 1946 Coll.
Regulation on measures against potato cancer (Synchytrium endobioticum)
Valid
Effective from 20.04.1946
62.
Government Regulation
of 19 March 1946
on measures against potato cancer (Synchytrium endobioticum).
The Government of the Czechoslovak Republic orders under the Act of 2 July 1924, No. 165 Coll., on the Protection of Plant Production:
(1) The breeder or potato holder is obliged to report any case of potato cancer (Synchytrium endobioticum - in another "cancer") or suspicion of its occurrence to the local national committee in whose district the potatoes have been grown or stored; The report shall be made within 24 hours of the finding of cancer or suspicion.
(2) The local national committee is required to report immediately any case of cancer or suspected occurrence to the relevant research institute (§ 2); the report shall specify the address of the grower or potato holder, the cadastral number and the area of the contaminated or suspected parcel, where the potatoes are stored.
(3) The breeder or holder of potatoes infected or suspected of cancer is obliged to supply the local national committee with a sample immediately to be placed in the safe packaging and sent to the competent research institute without delay (§ 2).
(4) Infected or suspected potatoes must not be moved until the next decision (§ 4 et seq.); the local national committee shall have strict supervision of compliance with this provision.
The following research institutes shall be entrusted with the professional supervision of the maintenance of the provisions of Act No. 165 / 1924 Coll., as regards measures against cancer:
a) for the country of the Czech Republic: Institute for Plant Protection of State Research Institutions of Agricultural Institutions in Prague,
(b) for the country of Moravian-Silesian: the Institute for Plant Protection of the Regional Research Institutions of Agricultural Institutions in Brno;
c) for Slovakia: Phytopathological Institute of State Research Institutions of Agricultural Sciences in Bratislava and Košice
(in the next text "Research institutes').
(1) In order to establish the health status of potatoes, the authorities of research institutes are authorised to carry out inspections of the parcels and stocks of potatoes in the farm buildings, warehouses and stores of potatoes in farmers and in the store or even potatoes in the transport of any kind and to take samples as necessary for further investigation. For rail and postal transport, this can only happen in agreement with the railway station, in the case of the post office; the inspection, sampling and decision of the inspection authority on how the consignment is to be further handled shall be noted by the inspection authority on the consignment note, if applicable in the postal guide.
(2) The authorities of research institutes, which carry out inspections of the parcels and stocks of potatoes in economic buildings, warehouses and stores, are also entitled to take appropriate samples of potatoes or other suspected crops as appropriate for further investigation.
(3) The tours in buildings, warehouses and stores may take place only within the limits of the Constitutional Law of 9 April 1920, No 293 Coll., on the Protection of the Freedom of Personal, Home and Secret Documents.
(4) In any case, the owner of the land, building, warehouse or shop shall be invited to the inspection and shall be responsible for the potatoes in transit, the carrier or his representative. The inspection shall be limited to establishing the circumstances in which knowledge is necessary for its purposes.
(1) If the research institute does not detect cancer by examining the sample, it shall inform the local national committee within 24 hours of receipt of the sample, which shall immediately inform the interested party that it may freely dispose of the potatoes.
(2) If the research institute finds cancer by examining the sample and the first case of cancer in the town register, it will also inform the Ministry of Agriculture, Slovakia, within 24 hours of receipt of the sample, the authority responsible for agriculture and land reform, and the district and local national committee.
(1) Within 24 hours, the local national committee shall declare the usual finding of cancer in the municipality and shall also indicate the name of the potato grower infected with cancer, the cadastral number and, if appropriate, the usual indication of the contaminated parcel.
(2) At the same time, the local national committee shall call on potato growers infected with cancer to establish the provenance of the seed used or call on the holder and identify the growers; if in this case the grower is from the same municipality, he shall call him immediately and establish the origin of the seed. If the holder of the potato has obtained from a grower or holder from another municipality, the local national committee shall record this, the copy of which shall be sent without delay to the research institute. If the seed has come from a territory infected with cancer but from a parcel which has not yet been known to be infected with cancer, the research institute shall immediately notify the competent local national committee to implement the measures referred to in paragraph 1.
(3) The local national committee is required to keep an accurate list of contaminated parcels according to the cadastral numbers, in Slovakia as appropriate and according to other identification data. In the case of individual parcels, their local designation (paragraph 1) shall also be given if they have such a name. The list is public.
(4) The Research Institute and the Audit Body (§ 3 (2)) keep a list of contaminated parcels in their area. The Research Institute will send the Ministry of Agriculture, Nutrition, Internal and Foreign Trade in Slovakia also to the authorities for agriculture and land reform, for nutrition and supply, and for industry and trade, each month of January a list of municipalities and land newly contaminated in the previous year.
(1) On a proposal from a research institute, the competent district national committee shall declare the municipality or part thereof, as defined by the research institute that found the cancer, as a territory infested with potato cancer. No potatoes may be exported outside the municipality from that infected area; from the other territory of the village, potatoes can be exported only for a special permit issued by the Czech and Moravian-Silesian Ministry of Agriculture in Slovakia, responsible for agriculture and land reform, after hearing the relevant research institute. No potatoes may be exported from such a village abroad.
(2) The Ministry of Agriculture in the Czech and Moravian-Silesian countries and responsible for agriculture and land reform in Slovakia may prohibit the cultivation of potatoes and other aubergines for a certain period of time on land contaminated with cancer and, if necessary, the disinfection of land, the grubbing-up of contaminated land or other measures to prevent the spread of cancer.
(3) If the cost of these measures exceeds the normal cost of land training, an appropriate contribution from State resources may be granted for that purpose (Section 8).
(4) The measures implemented shall be declared by the Regional National Committee without delay and communicated to the relevant railway stations and post offices and, if necessary, to the customs authorities and the Department of the Financial Guard, and to the neighbouring national committees for publication; on the implementation of the measure, it shall report to the Regional National Committee, the Ministries of Agriculture, Nutrition, Internal and Foreign Trade, Slovakia also to the mandates for Agriculture and Land Reform, Food and Supply, Industry and Trade, and to the relevant Research Institute.
If the research institute finds a new case of cancer in the territory already contaminated, it shall notify the local national committee to implement the measures provided for in Article 5.
(1) Expenditure relating to cancer control and prevention of its spread is paid from the Treasury. Contributions from each metric cent of recognised potato seed and from each metric cent of imported seed potatoes shall be made to the Treasury.
(2) The amount of the contribution and the manner in which it is collected shall be determined by the highest price office in agreement with the Ministries of Agriculture and Finance as regards Slovakia also in agreement with the relevant delegates and shall be published in the Official Journal of the Czechoslovak Republic.
(1) The harvest of potatoes from the contaminated parcel must not be used for planting either in its own or in a foreign holding and must not be disposed of for any other purpose. Potatoes resistant to cancer harvested from contaminated land may be used for planting, but only on areas contaminated with cancer. Potatoes from contaminated land can only be used for feeding if they are well cooked.
(2) Potato waste (hulls, rotten tubers, fins, dirt and the like), harvested from a parcel contaminated with cancer, must be destroyed by burning or burial on the same parcel to a depth such that the soil layer is at least 3 / 4 m thick over potato waste. Potato leaves must not be used to fertilize meadows, feed cattle and the like.
(3) Owners, smugglers or other users of cancer-infested land, in the case of the person responsible for the administration, must not dispose of livestock and urine for another farm.
(4) The cellars and other rooms and places used to store potatoes with cancer, the tools used for the cultivation of contaminated parcels and all objects which have been in direct contact with contaminated land or with infected potatoes must be disinfected before further use in an appropriate manner to be determined by the Ministry of Agriculture in the Czech and Moravian-Silesian countries in agreement with the Ministry of Health, in Slovakia also in agreement with the authorities for agriculture and land reform and for health, in the Official Journal of the Czech Republic.
(5) Starting in 1948, only varieties of potatoes resistant to cancer can be grown in the Czechoslovak Republic. In agreement with the Ministry of Nutrition, the Ministry of Agriculture may, on the one hand, authorise exceptions in justified cases, and, on the other hand, may, for territories requiring increased protection, appoint a decree in the Official Gazette of the Republic of Czechoslovakia and the former obligation to grow resistant potato varieties.
(6) Only varieties declared as such by the Ministry of Agriculture in the Official Gazette of the Czechoslovak Republic are considered to be resistant to cancer.
(7) Only varieties of cancer-resistant potatoes may be applied for for recognition of potato seed. The Ministry of Agriculture may authorise exemptions for a transitional period where justified.
(8) Potato seed should not be recognised in areas declared to be infected with cancer. The Ministry of Agriculture may authorise exemptions if the planting is intended only for a territory declared to be infected with cancer; the seed must not be exported from this territory. Such seed must not be propagated on the land where the cancer was detected.
(1) It shall be prohibited to import from abroad potatoes infected with cancer or suspected cancer, parts and waste of such potatoes, as well as bags, baskets, crates and other packaging or articles which have been in direct contact with infected or suspected parcels or potatoes; the prohibition also applies to border traffic.
(2) Imports of potatoes from countries where cancer has been detected are allowed only after compliance with the conditions declared by the Ministry of Agriculture in agreement with the Ministry of Food and after hearing research institutes in the Official Journal of the Czechoslovak Republic.
(3) Each wagon or piece shipment of potatoes from abroad must be accompanied by a phytopathological certificate issued by the official phytopathological institute of the exporting State confirming that the imported potatoes are free of cancer and that they come from a municipality in which cancer has not yet been detected. Potatoes may only be transported in new, previously unused packaging.
(4) The imported potatoes will be subjected to a phytopathological inspection at the border station, at border contact at the headquarters of the nearest customs office. Phytopathological examination is carried out by the authorities of research institutes.
(5) The customs office will refuse to discuss consignments of foreign potatoes which are not accompanied by a phytosanitary certificate.
(6) The milking of consignments of foreign potatoes, provided with a prescribed phytopathological certificate, shall be reported immediately by the station or post office to the competent research institute and to the recipient for the payment of the recipient's costs by telegraphically.
(7) Consignments of potatoes weighing over 50 kg may be discussed only by border customs offices, published in the Official Gazette of the Czechoslovak Republic pursuant to § 16, consignments weighing 50 kg and smaller inland customs offices established in the headquarters of research institutes.
(8) The research office shall immediately, no later than 24 hours after the milking of the report, send its authority to the customs office, which shall be identified in the presence of the customs official and the railway or post office, if the imported potatoes are free of cancer; for this purpose, the inspection authority shall exclude from the expenses of the authorised authorising officer in respect of packages not exceeding 10% of the imported potatoes at random. The inspection authority shall be entitled to take a free appropriate number of tubers and, where appropriate, a sample of clay for further detection in laboratories.
(9) Where, according to the protocol referred to in paragraph 1, the authority of the research institute has reason to suspect that the prescribed content of the phytopathological certificate of consignment of foreign potatoes does not correspond to the reality or does not comply with the rules in accordance with that notification, the customs office shall refuse to discuss the consignment of foreign potatoes and shall indicate it in the consignment note, if the postal guide so requests.
(10) Where the inspection body of the Research Institute declares to a protocol that it has detected cancer by examining potatoes or that it has found that old packaging has been used, the customs office shall refuse to discuss the consignment and shall note it in the consignment note, after the postal guide.
(11) The customs office shall refuse, in accordance with a protocol declaration by the inspection authority, to discuss consignments of potatoes also in the event of a reasonable suspicion that they are infected with cancer, for as long as the inspection authority has established further investigation of the safety of the consignment and has agreed to the customs procedure through the research institute.
(12) The control authority shall draw up a report on the result of the inspection and shall record the result of the inspection on the customs documents and on the bill of lading: "There is no objection to the customs procedure 'or" It must not be dealt with by customs because...' and shall state the reason, the date of the inspection, the stamp of the Institute shall be signed and affixed.
In border traffic, without a phytosanitary certificate and inspection of imports from countries where cancer has been detected (§ 10 (2)), persons permanently resident in the Czechoslovak Republic are allowed to harvest potatoes from the parcels on which they themselves manage and persons permanently resident abroad to plant potatoes on the parcels on which they operate in the territory of the Czechoslovak Republic, at a time to be determined by the individual customs offices for the municipalities concerned according to local circumstances. Domestic candidates must submit to the customs office a proof of the area planted with potatoes and a certificate of the area to be planted abroad.
The transit of foreign potatoes is permitted only if the consignment is transported by a direct international consignment note from a foreign dispatch station to the destination station of a foreign State in a sealed, well-sealed and undamaged vehicle or in sealed and undamaged packaging.
(1) Exports of potatoes from the infected municipality abroad are prohibited.
(2) It is for the research institutes to issue phytopathological certificates of exported potatoes or to carry out phytopathological examinations of potatoes in cases where foreign States require such certificates or inspections when importing potatoes; a copy of the certificate and a record of the inspection carried out in the Czech and Moravian-Silesian countries must be sent without delay to the Ministry of Agriculture and, as regards the inspections carried out in Slovakia, to the authority responsible for agriculture and land reform.
(3) The Research Institute shall keep accurate records of certificates issued and inspections carried out in a separate book.
Re-import of exported potatoes shall not be considered as imports under this Regulation unless the official seal of the wagon or packages remains intact.
(1) Phytopathological checks shall be carried out on the cargo of the recipient of foreign potatoes; the amount of the refund may be fixed at a flat rate by the Ministry of Agriculture according to the quantity of potatoes imported; the relevant rates will be published in the Official Journal of the Czechoslovak Republic.
(2) The customs office may release a consignment of potatoes for free circulation only if the authorised authorising officer has shown that he has arranged for the research institute to be compensated for the Phytopathological Control and for the railway or post office the completed expenditure associated with the Phytopathological Inspection.
The Ministry of Finance shall designate, on a proposal from the Ministry of Agriculture made with regard to Slovakia, in agreement with the Agriculture and Land Reform Board, border customs offices through which consignments of potatoes over 50 kg may be imported and shall declare them in the Official Journal of the Republic of Czechoslovakia.
The Government Decree of 17 July 1925, No 167 Coll., on Potato Cancer Measures (Synchytrium endobioticum), is repealed; at the same time, the applicability of the Government Regulations of 22 February 1940, No 133 Coll., of 6 March 1941, No 227 Coll., and of 17 September 1942, No 334 Coll., supplementing and amending the Government Regulations No 167 / 1925 Coll., as well as the applicability of all other provisions from the period of infreedom issued on matters governed by this Government Regulation shall be deleted.
This Regulation shall enter into force on the seventh day following its publication; they shall be implemented by the Minister for Agriculture in agreement with the Ministers involved.
Fierlinger v. r.
Dr Stránská v. r.
Broad v. r.
Ursines v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr Drtina v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
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Regulation Information
| Citation | Government Decree No. 62 / 1946 Coll., on Potato Cancer Measures (Synchytrium endobioticum) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.04.1946 |
|---|---|
| Effective from | 20.04.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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