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PREVENTION AND CONTROL OF PESTS
AND DISEASES OF PLANTS ACT, 1965
(ACT 307)
ARRANGEMENT OF SECTIONS
Section
PART I—PREVENTION AND TREATMENT OF
PESTS AND DISEASES OF PLANTS
1. Prohibition against dealing in
diseased plants.
2. Restriction on removal of
plants.
3. Remedial and preventive
measures.
4. Power to make order restricting
use of land.
5. Inspection of land.
6. Inspector to keep a register.
7. Duties of occupier after
inspection.
8. Treatment by inspectors.
PART II—PLANT QUARANTINE
9. Restriction on importing
plants.
10. Powers of inspectors to
examine luggage, etc.
11. Forfeiture of prohibited
imported plants.
12. Regulations relating to plants
imported from foreign countries.
PART III—MISCELLANEOUS
13. Punishment of offence.
14. Compensation.
15. Power to make regulations.
16. Interpretation.
17. Repeals and savings.
THE THREE HUNDRED AND SEVENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
PREVENTION AND CONTROL OF PESTS
AND DISEASES OF PLANTS ACT, 1965
(ACT 307)
AN ACT to consolidate with
amendments the law relating to the
prevention and treatment of pests
and diseases of plants and plant
quarantine.
DATE OF ASSENT: 22nd October,
1965
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:
PART I—PREVENTION AND TREATMENT OF
PESTS AND DISEASES OF PLANTS
Section 1—Prohibition Against
Dealing in Diseased Plants.
No person shall keep, sell or
offer for sale or barter or in any
way distribute or cause to be
distributed any plant infested or
infected with such pest or disease
as may be prescribed.
Section 2—Restriction on Removal
of Plants.
No person shall remove from any
land any plant infested or
infected with any pest or disease
prescribed under section 1 of this
Act except—
(a) for the investigation of such
pest or disease by an inspector;
(b) for the purpose of destroying
such plant; or
(c) for the purpose of preserving
the produce of such plant in a
sound, clean and mature condition
for subsequent manufacture for
sale or for seed purposes.
Section 3—Remedial and Preventive
Measures.
(1) Regulations may prescribe the
treatment to be applied to any
plant infested or infected with
pests or diseases or the measures
to be adopted for the
extermination and prevention of
pests and diseases of plants.
(2) Regulations prescribing the
treatment and prevention of pests
and diseases of plants may—
(a) prohibit or restrict the
transport of any plant, soil or
rooting medium to or from a
specified area;
(b) prescribe plants which may or
may not be grown in any specified
area;
(c) require the owner or occupier
within any specified area to apply
or adopt any treatment or measures
prescribed under this section.
Section 4—Power to make Order
Restricting use of Land.
The Minister may by an executive
instrument declare any area
infected with or in danger of
infection with pests or diseases
of plants as an infected area and
may order all or any plants in
such area to be removed, and
prohibit the use of such area for
any purpose connected with
agriculture.
Section 5—Inspection of Land.
(1) Regulations may designate
persons to act as inspectors for
the purposes of this Act.
(2) Subject to the provisions of
this section, an inspector shall
have power to enter at any
reasonable time any land, other
than a dwelling house for the
purpose of ascertaining whether
there are on such land any pests
or diseases of plants, or whether
conditions or circumstances exist
which in his opinion are conducive
to or will contribute to the
infection of plants with pests or
diseases.
(3) Before entering any land in
exercise of powers conferred by
this section, the inspector shall
inform the occupier, if present,
of his intention.
(4) No person shall obstruct a
person exercising powers conferred
by this section or fail to comply
with any direction or requirement
made by him in exercise of those
powers.
Section 6—Inspector to keep a
Register.
Every inspector shall keep a
register in which he shall enter
the following items in respect of
any land inspected by him—
(a) the identity and location of
such land;
(b) the name of the occupier;
(c) the pests and diseases found
thereon;
(d) the treatment or measures
directed to be applied;
(e) the date of inspection; and
(f) such other particulars as may
be prescribed.
Section 7—Duties of Occupier After
Inspection.
Where an inspector, after
inspecting any land is satisfied
that—
(a) any plant thereon
(i)
shows signs of disease; or
(ii) is being attacked by any
pest; or
(b) conditions or circumstances
exist on such land which in his
opinion are conducive to, or will
contribute to the spreading of
pests and diseases,
he may serve on the occupier of
the land a notice in writing
directing such occupier to apply,
within such time as may be
specified in the notice, such
treatment or measures as may be
prescribed.
Section 8—Treatment by Inspectors.
(1) Any inspector may—
(a) where an occupier of any land
has failed to comply with any
direction given under section 7 of
this Act within the specified
time; or
(b) where any pest or disease is
found on any land permitted to go
out of cultivation,
apply such treatment or adopt such
measures as he thinks necessary
for the purpose of preventing,
exterminating or restricting, as
the case may be, any pest or
disease.
(2) Any expenses incurred by any
inspector as a result of any
treatment or measures undertaken
in respect of any land under
subsection (1) of this section
shall be paid by the occupier to
such officer as may be prescribed
within thirty days after
notification by the inspector of
the amount due, and if not so
paid, the officer may sue for or
authorise any person on his behalf
to sue for and recover it.
(3) In any action for the recovery
of any amount due under subsection
(2) of this section a certificate
under the hand of the inspector
that such expenses have been
incurred shall be prima facie
evidence of the same.
PART II—PLANT QUARANTINE
Section 9—Restriction on Importing
Plants.
(1) No person shall import any
plants, plant products, plant
disease or pest, soil, manure,
grass and other parking materials
or any other material liable to
harbour dangerous diseases or
pests of plants except under a
permit issued in accordance with
the provisions of this section and
regulations made thereunder.
(2) Regulations may prescribe the
conditions for the grant of a
permit for the importation of any
of the items mentioned in
subsection (1) of this section,
and the places to which the items
may be imported otherwise by post.
(3) Regulations prescribing the
conditions for the importation of
the said items may provide for the
examination of any of the said
items imported into Ghana, and may
authorise the destruction or
treatment, as the case may
require, if any of them is found
to be infested or infected with
pests or diseases of plants.
(4) Regulations made under this
section may prohibit or restrict
the importation of any of the
items mentioned in subsection (1)
of this section.
Section 10—Powers of inspectors to
examine luggage, etc.
For the purpose of enforcing the
provisions of section 9 of this
Act and any regulations made
thereunder, regulations may
authorise any inspector appointed
under section 5 of this Act—
(a) to examine any luggage or
container imported or which is
about to be imported into Ghana;
(b) enter any conveyance for the
purpose of examining or inspecting
any of the items mentioned in
subsection (1) of section 9 of
this Act which is about to be
imported into Ghana.
Section 11—Forfeiture of
prohibited imported plants.
(1) Without prejudice to section
13 of this Act, any inspector
examining or inspecting any
luggage or conveyance under
section 10 of this Act shall seize
any of the items referred to in
subsection (1) of section 9 of
this Act which is being imported
in contravention of the said
section 9 or any regulations made
thereunder and such item shall be
forfeited.
(2) Regulations may provide for
the disposal of any item forfeited
under this section.
Section 12—Regulations relating to
Plants Imported from Foreign
Countries.
Regulations made under this Act in
relation to importation of plants
may be limited in its application
to any of the items referred to in
section 9 of this Act, coming from
particular countries specified in
the regulations.
PART III—MISCELLANEOUS
Section 13—Punishment of Offence.
(1) Any person who contravenes a
direction, requirement, conditions
or prohibition imposed by or under
this Act shall be guilty of an
offence under this Act.
(2) A person guilty of an offence
under this Act shall be liable on
conviction to a fine not exceeding
one hundred cedis or to a term of
imprisonment not exceeding three
months.
Section 14—Compensation.
(1) Regulations may—
(a) provide in exceptional cases
for the payment to occupiers of
land or to an importer, a
proportion of the cost of any
treatment or measures prescribed;
(b) provide for the payment of
compensation to any occupier of
land or to an importer who has
sustained pecuniary loss by reason
of any measures taken under this
Act.
(2) Nothing in this section shall
be deemed to entitle any person as
of right to receive compensation
in respect of measures taken under
this Act.
Section 15—Power to make
Regulations.
The Minister may by legislative
instrument make regulations—
(a) providing for any matter which
under this Act is to be provided
for by regulations;
(b) prescribing the fees and
charges to be paid in respect of
any act or thing done under any
regulation; and
(c) generally for giving full
effect to the provisions of this
Act.
Section 16—Interpretation.
In this Act unless the context
otherwise requires—
"container" means any box, basket,
pot, package, case or other
receptacle or covering;
"conveyance" means automobiles,
lorries, animal drawn vehicles,
aircraft, boats and other means of
transportation;
"covering" means covering of a
plant or of a container;
"disease" means any disease caused
by fungus, bacterium, virus or
other organism which may be
injurious to agricultural or
horticultural crops and includes
the abnormal conditions of cocoa
trees known as "drought dieback"
and "swollen shoot";
"inspector" means a person
designated as such by section 5 of
this Act;
"the Minister" means the Minister
responsible for agriculture;
"occupier of land" includes the
owner, tenant or any person in
charge of the land;
"pest" means any organism of an
animal or vegetable nature which
attacks a plant or which may be
injurious to agricultural or
horticultural crops;
"plants and plant products" means,
trees, shrubs, vines, cuttings,
grafts, scions, suckers, buds,
fruit pits, and other seeds,
roots, tubers, bulbs, rhizomes,
shoots, leaves, flowers and
fruits; and products from these
items whether in a natural dried
or manufactured state;
"prescribed" means prescribed by
regulations made under section 15
of this Act.
Section 17—Repeals and Savings.
(1) The following enactments are
hereby repealed:—
(a) Importation of Plants
Regulation Ordinance (Cap. 159);
(b) Plant Pests and Diseases
Ordinance (Cap. 160).
(2) Any statutory instrument made
under any of the enactments
repealed by this Act and in force
immediately before the
commencement of this Act shall
continue in force as if made under
the provisions of this Act.
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