AGRICULTURE (CONTROL OF IMPORTATION) ACT, CAP. A13 L.F.N. 2004

AGRICULTURE (CONTROL OF IMPORTATION) ACT

ARRANGEMENT OF SECTIONS

SECTION

Short
Interpretation.
Authorised officers.
Minister may make
Regulations to be laid before the National
Diseases and
Furnishing of
Offences.
Prosecution.
Defence in civil and criminal
Power to sue for fees,
Transitional

An Act to make provisions for regulating the importation of articles for the purpose of controlling plant diseases and pests.

[Commencement] [31st March, 1964J]

1. Short title

This Act may be cited as the Agriculture (Control of Importation) Act.

2. Interpretation

In this Act, unless the context otherwise requires-

“Act” includes regulations made under this Act;

“authorised officer” means a person designated as an authorised officer under section 3 of this Act;

“imports” means to bring or cause to be brought into Nigeria; and “importation” shall be construed accordingly;

“Minister” means the Minister charged with responsibility for matters relating to agricultural research;

“pest” means any insect or other animal injurious to agricultural or horticultural crops;

“plant” means any plant or parts of a plant such as cuttings, suckers, bulbs, tubers, roots, haulms, and fruits; but does not include the manufactured or processed products of plants;

“plant disease” means any disease caused by fungus, bacterium, virus, or any other organism injurious to agricultural or horticultural crops.

3. Authorised officers

The Minister may designate any officer in the public service of the Federation as an authorised officer for the purposes of this Act.

4. Minister may make regulations

(1) The Minister may make regulations prohibiting, restricting or laying down conditions for the importation from any or all countries of plants, seeds, soil, containers, straw and other packing materials, artificial fertilisers, and any other similar goods or things, and without prejudice to the generality of the foregoing any such regulations may prescribe or provide for-

(a). the places at which such goods or things may or may not be imported;

(b)the detention and examination of such goods and things on arrival;

(c)the charging of fees in respect of matters to which the regulations relate;

(d)carrying into effect the provisions of this Act

(2) Regulations made under this section may provide that a contravention of any specified regulations shall be an offence and may provide penalties in respect thereof:

Provided that, the penalties provided in respect of any such offence shall not exceed a fine of N200 and imprisonment for a term of six months.

5. Regulations to be laid before the National Assembly

(1)All regulations made under section 4 shall be laid before both Houses of the National Assembly as soon as may be after the date of their

(2)Either House may, by resolution, approve, amend or revoke any regulations laid before the House in pursuance of this section, but any such amendment or revocation shall be without prejudice to anything lawfully done thereunder or to the making of further

6. Diseases and pests

Where plants, seeds, soil, containers, straw or other packing materials or any other similar goods or things are on importation found or suspected to be infected with any plant disease or pest, an authorised officer may order them to be destroyed or may direct that they shall not be imported until they have been treated to his satisfaction for the removal of the plant disease or pest.

7. Furnishing of information

(1) An authorised officer may call upon any person to furnish him with any information he may reasonably require for the purpose of investigating any offence against this

(2) No person who obtains any information by virtue of this section shall, otherwise than in the execution of his duties or powers under this Act, disclose that information except with the permission of the

8. Offences

(1) Any person who –

(a) hinders or molests any authorised officer in the exercise of any of his duties or powers under this Act; or

(b) without lawful excuse, fails to comply with any order lawfully given under this Act; or

(c) without lawful excuse, fails to furnish any information lawfully demanded under this Act or furnishes information which he knows to be false in a material particular or does not believe to be true, shall be guilty of an offence and liable on conviction to a fine of N400 and imprisonment for a term of one year.

(2) In any prosecution for an offence against this section, the onus of proving the existence of a lawful excuse shall lie on the person

9. Prosecution

(1) No prosecution for an offence against this Act shall be commenced except with the consent of the Director of the Federal Department of Agricultural

(2) Nothing in this section shall prevent the institution of proceedings for an offence against this Act by or in the name of the Attorney-General of the Federation in accordance with the provisions of the Constitution of the Federal Republic of Nigeria in any case in which he thinks it proper that proceedings should be so instituted.

[Cap. C23.]

10. Defence in civil and criminal proceedings

Where any proceedings, whether civil or criminal, are brought against any public officer in respect of any act done in pursuance of any of the provisions of this Act, it shall be a good defence to show that there was reasonable and probable cause for the act in respect of which such proceedings are brought.

11. Power to sue for fees, etc.

Any expenses or fees due under this Act may be recovered by the Director of the Federal Department of Agricultural Research as a civil debt.

12. Transitional provisions

Any regulations made under the Agriculture Act, 1950, relating to matters in respect of which the Minister has power to make regulations under this Act and in force immediately before the commencement of this Act shall remain in force, as if made under this Act, until replaced by regulations made under this Act.

CHAPTER A13

AGRICULTURE (CONTROL OF IMPORTATION) ACT SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Plants, etc. (Control of Importation) Regulations.

PLANTS, ETC. (CONTROL OF IMPORTATION) REGULATIONS

under section 4

[Commencement.] l22nd January, 1970]

1. Authorised officers

(1) The person for the time being holding office as Federal Director of Agricultural Research (in these Regulations referred to as “the Director”) shall be an authorised officer for the purposes of these Regulations; and in addition all officers under his control (not below the rank or grade of assistant technical officer) designated by the Director, from time to time, in writing under his hand shall likewise be authorised officers for the purposes aforesaid.

(2) The persons holding office as authorised officers under any regulations hereby revoked shall, on the commencement of these Regulations, be deemed to have been duly appointed as authorised officers under these Regulations

2. Control of import of plants etc.

(1) Where in respect of plants, seeds, or things mentioned in subparagraph (2) of this Regulation the item is marked in the First Schedule to these Regulations, as –

[First Schedule.]

(a) “prohibited”, it shall not in any circumstances be imported into Nigeria and if found there it may be destroyed by any authorised officer or, if he thinks fit, he may treat the item or cause it to be exported to the country of origin;

(b) “permit”, it may be imported on a permit issued by an authorised officer (subject to quarantine thereafter where necessary) if accompanied by a phytosanitary certificate together with a special certificate or additional declaration as the case may

(2) The plants, seeds or things to which subparagraph (1) of this regulation applies are-

(a) plants living or dead (and whether or not used as or forming part of packing materials);

(b) seeds of plants of any description;

(d) material mixed with soil (save where the material and the soil or either of them comply or complies with the requirements of a permit issued by an authorised officer for its importation).

3. Application for permit

Application for a permit shall be made in writing to the Plant Quarantine Service of the Federal Department of Agricultural Research, lbadan (in these Regulations referred to as “the Service”) stating –

(a) the full name, residence and postal address of the applicant;

(b) the name and address of the person from whom it is proposed to obtain the plants, seed or soil;

(c) the botanical name and the generally accepted popular name and variety of plants or seeds and the quantity of each variety it is desired to import;

(d) the locality in Nigeria in which it is proposed to grow or utilise the plants, seeds or soil, as the case may be;

(e) the port of entry and estimated date of arrival and the means of transportation of the

4. Conditions of permit

(1) The issue of any permit for the purposes of these Regulations shall be at the discretion of an authorised officer and be subject to such conditions as he thinks fit not inconsistent with these Regulations (including but without prejudice to the generality hereof a condition that each consignment shall be accompanied by a phytosanitary certificate duly completed and signed in the country of origin by or on behalf of a competent authority acceptable to the Director and where necessary by a special certificate or additional declaration under these Regulations).

(2) An authorised officer shall, when considering an application for a permit to import, have regard to the requirements specified in the First Schedule to these Regulations so far as they relate to the proposed

[First Schedule.]

(3) If he thinks fit, the director may in any case where importation is restricted, stipulate the technique of disinfestation or, as the case may be, of disinfection to be employed in treating plants, seeds, soil, containers or other items whatsoever in that category, as a condition precedent to

(4) A permit for the purposes of this regulation shall be in the form set out in the Second Schedule to these Regulations.

[Second Schedule.]

5. Plants, etc., contaminated or imported illegally

(1) Where it is necessary to treat any plant, seed, soil or material imported without permit and container thereof of any description whatsoever, or a carrier in either case requiring to be treated by way of disinfestation or disinfection, the treatment given shall be at the cost in all things of the importer and be given under the supervision and control of an authorised

(2) Notice of the action to be taken by the Service shall be given to the importer, not less in any event than seven days after the Service is aware of the importation and the time and action in respect thereof shall be carried out as soon as may be thereafter, so however that in the case of commercial consignments the action to be taken shall be performed at a time to be fixed by the Director.

(3) It shall be an offence where an importer when required by an authorised officer so to do fails to destroy or export any plants, seeds or soil imported in contravention of these Regulations; and any authorised officer may destroy or export them to the country of origin, and the expenses of so doing shall be recoverable as hereinafter provided.

6. Examination and sampling

(1) Subject to the production of his authority to act, in that behalf, any authorised officer may-

(a) enter into any premises or carrier at all reasonable times to examine and take samples of any consignment or part of a consignment of plants, seeds, soil, containers or other item whatsoever suspected of harbouring pests, plant diseases, or noxious weeds imported, or suspected by him of having been imported into Nigeria and for the purpose of such examination may open or require the importer to open any packages in the consignment;

(b) search or detain any person, container, carrier, or other item whatsoever imported, offered for import or suspected of having been imported into Nigeria to ascertain whether or not plants, seeds, or soil suspected of harbouring pests, or diseases or noxious weeds are being

(2) The failure to permit or allow entry or search under, or generally to comply with any of the requirements of this regulation, shall be an offence under these

7. Penalties for offences

Any person guilty of an offence under these Regulations shall be liable on conviction to a fine not exceeding one hundred naira or imprisonment for a term not exceeding six months, or to both such fine and imprisonment; and in addition whether or not a fine is imposed, judgment shall be entered against the person guilty of an offence for all costs incurred by an authorised officer in providing necessary treatment or in the destruction or exportation of any plant, seed, soil, or any thing whatsoever imported in contravention of these Regulations.

8. Interpretation

(1) In these Regulations, unless the context otherwise requires-

“carrier” includes any mode of conveyance however operated or controlled, and any container in, on or attached to a carrier;

“container” means anything capable of or designed for the holding of plants or plant material whether or not to be brought into Nigeria by individual means or by a carrier;

“director” has the meaning assigned in regulation 1;

“importer” means the person bringing into Nigeria anything to which these Regulations apply and includes the owner, consignor, consignee, agent or broker, in possession of, or in any way entitled to, the custody thereof;

“noxious weeds” any plants or seeds or plant species, the importation of which is considered by the director to be undesirable or deleterious in the interest of the economy of Nigeria;

“pest” includes any animal or insect injurious to or in the opinion of an authorised officer likely to be harmful to agricultural or horticultural or viticultural crops;

“phytosanitary certificate” means a document issued by the recognised plant protection authority or organisation of the country of origin certifying that the plants or plant products indicated therein have been thoroughly examined before dispatch and found to be substantially free from pests and disease;

“plant” means any plant or parts of a plant other than any manufactured or processed product of plants;

“plant disease” means any disease carried by fungus, bacterium, virus or other organism injurious to agricultural, horticultural or viticultural crops;

“quarantine” means the culture under general conditions of isolation, immediately after introduction into Nigeria under and subject to the control of the director and in accordance generally with any recommendations of the Inter-African Phytosanitary Commission;

“Service” has the meaning assigned in regulation 3;

“treatment” means fumigation or any other process involving the application of gas, chemical, moist or dry heat, low temperature, excision of infected parts or any other processing of plants, seeds or soil or other materials that is designed to eliminate or control any infestation or infection by a plant pest or disease.

(2) References in these Regulations to-

(a) “prohibit” and grammatical variations thereof means the refusal in accordance with Article 6 of the Inter-African Phytosanitary Convention to permit importation of plants or plant products, so however that importation may be undertaken by or on behalf of the Service itself as a matter of urgency for scientific purposes and thereupon or thereafter-

(i) notice of and reason for the decision to import is given by the director to the Scientific Secretary of the Inter-African Phytosanitary Commission; and

(ii) the maximum necessary precautionary measures (including phytosanitary certificate inspection, treatment and quarantine) are taken by the director;

(b) “special certificate” or “additional declaration” means a certificate or declaration, as the case may be, endorsed or annexed to a phytosanitary certificate-

(i) as proof of freedom from disease when inspected during active growth; or

(ii) to ensure safeguard against disease or pests specially mentioned;

9. Short title

These Regulations may be cited as the Plants, etc. (Control of Importation) Regulations.

SCHEDULES FIRST SCHEDULE:

[Regulations 2 and 4.]

Plants, etc., prohibited or restricted as to import

Note.-Importation by permit is subject to production of any appropriate and relevant phytosanitary certificate and in case marked * a special certificate or declaration is also required.

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
ACACIA spp.	Vegetative material	All countries	Prohibited	For exclusion of pests, rust diseases and alfalfa dwarf virus.
	Seeds	All countries	Permit	–
ALLEURITES spp	Vegetative material	All countries	*Permit	Additional declaration required that the parent plants were inspected during active growth and found to be free from Phvtophthora palmivora. Pseudomonas aleuritidis and Septobasidium aleuritidis.
	Seeds	All countries	*Permit	Additional declaration required that the seed was from fields which were inspected during active growth and found to be free from Phytophthora palmivora,

				Pseudomonas aleuritidis and Septobasidium aleuritidis.
ALLIUM spp	All pans, except bulbs for consumption and seeds and vegetative propagating material species which can be grown from seed	All countries	Prohibited	For exclusion of onion smut (Urocystis cepulae).
	Vegetative propagating	All countries	*Permit followed by	Additional declaration required that the bulbs were grown at least 50 miles from any place where Urocystis cepulae is is known to occur or that Urocystis cepulae is not known to occur in the country of origin.
	material of species		Quarantine
	which cannot be
	grown
	from seed
	Bulbs for consumption	Europe (except Portugal). Japan, Morocco, the New World. New Zealand, Union of Soviet Socialist Republics. Australia and all countries where Urocystis cepulae occurs	Prohibited	For exclusion of onion smut (Urogcystis cepulae).
		Elsewhere	*Permit	Additional declaration required that Urocystis cepulae is known to occur in the country of origin.
AVOCADO	Vegetative material	All countries	*Permit followed by Quarantine	Additional declaration required that parent trees were free from virus diseases.
	Fruits			See section on FRESH FRUITS.

FIRST

SCHEDULE

-continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
BANANA AND PLANTAIN (Musa spp .. Ensete spp.)	Vegetative propagating material and seeds	All countries	“Permit followed by Quarantine	Additional declaration required that the suckers are free from bunchy top virus. nematodes and moko disease (Pseudomonas solanacearum). –
	Leaves and all vegetable material except for propagation	All countries	Prohibited	For exclusion of moko disease (Pseudomonas and virus diseases of bananas.
	Fruits	All countries	Prohibited	For exclusion of moko disease (Pseudomonas solanacearum of bananas, fruit flies and insect vectors of virus diseases.
BEANS (Phaseolus spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of beans.
	Seeds	Bulgaria, Hungary.	*Permit followed by	Additional declaration required that the parent plants were
		Mexico, Yugoslavia.	Quarantine	inspected during active growth and found to be free from bacteria wilt (Corynebacterium flaccumfaciens).
		Australia. the United
		States of America and all
		countries where Coryne-
		Bacterium flaccumfaciens
		occurs
		Elsewhere	*Permit	Additional declaration required that Corynebacterium cumfuciens is not known to occur in the country of origin.

	Whole grain for	Bulgaria. Hungary.	Prohibited	For exclusion of bacterial wilt (Corvnebacterium flaccumfaciens).
	consumption	Mexico. Yugoslavia, Australia and the United States of America and all countries where Corvne-
		bacterium flaccumfaciens
		occurs
		Elsewhere	*Permit	Additional declaration required that Corynebacterium cumfaciens is not known to occur in the country of origin.
BULBS, TUBERS.	Bulbs. tubers,	All countries	*Permit	Additional declaration required that the plants were
CORMS AND	and other subterranean			during active growth and found to be free from tomato
RHIZOMES	parts for the propaga- tion of ornamentals and other plants (except potato, sweet potato and yam)			spotted wilt virus and visible signs of other virus diseases.

FIRST

SCHEDULE

continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
CACAO (Theo- broma spp.).	Vegetative propagating material	All countries	Permit with first Quarantine in U.S.A or an approved station in Europe followed by further Quarantine in Nigeria	For exclusion of virus diseases, witches’ broom (Marasmius perniciosus), pod rot (Monilia roreri) and. Nematodes.
	Seeds	All countries	Permit followed by Quaran- tine	For exclusion of pests and pathogens of cacao.
	Fruits (pods), and all vegetative material except for propagation	All countries	Prohibited	For exclusion of pests and pathogens of cacao.
CASSAVA spp.)	All parts excepting vegetative propagating material and seeds	All countries	Prohibited	For exclusion of nematodes, bacterial. fungal and virus diseases of root crops.
	Vegetative material	All countries	*Permit followed by Quarantine	Additional declaration required that parent plants were in- spected during active growth and found to be free from and bacterial diseases.
CHESTNUT (Castanea spp.)	Vegetative material and seeds	All countries in Asia east of 60° longitude, North America, France, Italy, Spain, Yugoslavia and all countries where Endothia parasitica occurs	Prohibited	For exclusion of chestnut canker (Endothia parasitica).
	Vegetative material	Elsewhere	Permit followed by Quaran- tine	For exclusion of pests and pathogens of forest trees.
	Flowers, leaves and timber with bark	All countries	Prohibited	For exclusion of chestnut canker (Endothia parasitica) and pests of forest trees.
CITRUS	Vegetative material except for propagation	All countries	Prohibited	For exclusion of nematodes and diseases and pests of citrus and other fruit crops.
	Vegetative material	All countries where Xanthomonas citri occurs	Prohibited	For exclusion of citrus canker (Xanthomonas citri).
		Elsewhere	*Permit	Additional declaration required that Xanthomonas citri is known to occur in the country of origin. and that the parent trees were certified from virus diseases.

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
CITRUS-(continu- ed)	Seeds	All countries	*Permit and special treatment	Additional declaration required that Xanthomonas citri is known to occur in the country of origin. or that the seeds harvested from fields which have been inspected during active growth and found to be free from Xanthomonas Citri. Seeds to be given hot water or hydrogen peroxide treatment.
	Fruits			See Section on FRESH FRUITS.
CLOVES (Eugenic spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of cloves and fruit flies and pests of fruit trees.
	Seeds	All countries	Permit	–
CLOVERS (Melilotus spp and Trifolium spp.)	Vegetative material	All countries	*Permit and special treatment	Additional declaration required- (a) that Corvnebacterium insidiosum, Ascochvta caulicola, Ascochvta imperfecta and Ascochvta lethalis are not known to occur in the country of origin: or (b) that seed was harvested from fields that were inspected during active growth and found to be free from bacterium insidiosum. Ascochvta caulicola. Ascochvta imperfecta and Ascochvta lethalis. Seeds to be treated with organo-mercurial seed dressing.
	Fodder, hay and litter	All countries	Prohibited	For exclusion of pests and pathogens of leguminous crops.
COCONUT	Vegetative material	All countries	Prohibited	For exclusion of Melittomma insulare. Diocalandra taitensis, red ring (Rhadinaphelenchus cocophilus) and virus diseases.
	Seeds	Indonesia. Madagascar. New World, Pacific Islands, Philippines, Seychelles. the West Indies	Prohibited	For exclusion of pests, the nematode (Rhadinaphelenchus cocophilus) and virus diseases.
		Elsewhere	*Permit	Additional declaration required that Melittomma insulare, Diocalandra taitensis and Rhadinaphelenchus cocophilus are not known to occur in the country of origin.
COCOYAM (Xanthosoma spp. and Colocasia spp.)	Vegetative material	All countries	Permit followed by Quaran- tine	For exclusion of nematodes and diseases of root crops.

FIRST SCHEDULE

-continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
COFFEE (Coffea	All parts including	All countries	Prohibited	For exclusion of pests and diseases of coffee.
spp.)	fruits (cherries) excepting vegetative propagating material and seeds
	Vegetative propagating material	All countries	*Permit followed by Quarantine	Additional declaration required that the parent trees were inspected during active growth and found to be free from virus diseases and Fusarium spp.
	Seeds	All countries in the New World	*Permit followed by Quarantine	Additional declaration required that the parent trees were inspected during active growth and found to be free from diseases and Fusarium spp.
		Elsewhere	*Permit	Additional declaration required that virus diseases of coffee are not known to occur in the country of origin and that the seed was harvested from fields which were

				inspected during active growth and found to be free from Fusarium spp.
	Unroasted coffee for consumption	All countries	Permit and treatment	–
CONIFERS	Vegetative material	All countries except Australia. New Zealand and Tasmania	Prohibited	For exclusion of rust disease of conifers and pests of forest trees.
	Vegetative material	Australia. New Zealand and Tasmania	Permit followed by Quaran- tine	For exclusion of pest and diseases of forest trees.
	Seeds	All countries	Permit followed by special treatment	Treatment with organo-mercurial seed dressing.
COTTON (Gossypium spp.)	Vegetative	All countries	Prohibited	For exclusion of virus and bacterial diseases and boli weevil (Anthonomus grandis).
	Seeds	All countries	*Permit followed by Quarantine	Additional declaration that the seeds were delinted by chemical treatment or by mechanical means before despatch. Treatment with an organo-mercurial seed dressing is required.
	Unmanufactured	All countries	Permit and treatment	–
COWPEA (Vignia spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of leguminous crops.

FIRST

SCHEDULE

-continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
COWPEA (Vignia spp.) (continued)	Seeds	All countries	*Permit	Additional declaration required that- (i) the parent plants were inspected during active growth found to be free from seed-borne virus diseases: and (ii) that either – (a) Pseudomonas pisi is not known to in the country of origin, or (b) that the seed was from fields which were inspected during active growth and found to be free from Pseudomonas pisi.
	Fodder, hay and litter	All countries	Prohibited	For exclusion of pests and pathogens of leguminous crops.
DATE PALMS (Phoenix spp.)	All pans except vegetative propagating material. fruits and seeds	All countries	Prohibited	For exclusion of nematodes “Bayoud” disease (Fusarium albedinis) and pests of fruit crops.
	Vegetative propagating material	Algeria. Morocco and the West Indies	Prohibited	For exclusion of the nematode Rhadinaphelenchus cocophilus. “Bayoud” disease (Fusarium albedinis)
		Elsewhere	*Permit followed by Quarantine	Additional declaration required that Fusarium albedinis Rhadinaphelenchus cocophilus are not known to occur in the country of origin.
	Seeds	All countries	Permit	–
	Fruits			See Section on FRESH FRUITS.
ELM (Ulmus spp. Zelkova spp.)	Vegetative material	All countries	Prohibited	For exclusion of Dutch elm disease Ceratostomella ulmi, virus diseases and pests of forest trees.
	Seeds	All countries in Europe including the British Union of Soviet Socialist Republics. United States of America. Canada	Prohibited	For exclusion of Dutch elm disease (Ceratostomella ulmi).
		Elsewhere	*Permit	Additional declaration required that Ceratostomella ulmi not known to occur in the country of origin.
EUCALYPTUS (Eucalvptus spp.)	Vegetative material	All countries	Prohibited	For exclusion of pathogens of Eucalyptus and pests of trees.

Seeds

All countries

Permit

–

FLAX NEW

ZEALAND

(iPhorium spp.)

Vegetative material

Japan and New Zealand

Prohibited

For exclusion of pests and pathogens of New Zealand flax.

FLAX NEW ZEALAND spp.)-(continued)		Elsewhere	*Permit followed by Quarantine	Additional declaration required that the plants were inspected during active growth and found to be free from Xanthomonas phormicola and virus diseases.
	Seeds	All countries	Permit	–
FOREST TREES	Vegetative propagating material	All countries	Permit followed by Quarantine	For exclusion of pests and pathogens of forest trees.
(except those mentioned elsewhere)
	Seeds	All countries	Permit	–
	Flowers, foliage and timber with bark	All countries	Prohibited	For exclusion of pests and pathogens of forest trees.
FRESH FRUITS spp.)		All countries in Asia east of 60° longi tude. Central and South America, Mauritius, Pacific Islands and all countries (except Australia) where any of the following occur(s): Dacus dorsalis, Dacus zonatus, Dacus trvoni, Anastrepha ludens. Anastrepha fraterculus. and Anastrepha mombin- praeoptans	Prohibited	For exclusion of fruit flies.
		Australia	*Permit	Additional declaration required- (i) that Dacus dorsalis. Dacus zonatus, Anastrepha ludens, Anstrepha fraterculus and Anastrepha mombinpraeoptans are not known to occur in the country of origin. and (ii) that Dacus trvoni is not known to occur within 50 Miles of the source of the fruits, or that the fruit will be kept at 0.5 ⁰C for 14 days before arrival.
		N.B. – See also sections:
		BANANAS AND PLANTAIN.
		MUSACEAE., ROSACEAE,
		TOMATO
		Elsewhere N.B. – See also sections: BANANAS AND PLANTAIN,	Permit	(ii) Additional declaration required that Dacus dorsalis. Dacus tryoni. Dacus zonatus. Anastrepha ludens, An- strepha fraterculus and Anastrepha mombinpraeoptans
		MUSACEAE. ROSACEAE.		are not known to occur in the country of origin.
		TOMATO

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
GINGER (Zingiber Officinale)	Vegetative propagating material	All countries	Permit followed by Quaran- tine	–
	Vegetative material for consumption	All countries	Permit	–
	Seeds	All countries	Permit followed by treatment	–
GRAMINEAE (except those mentioned	Flower heads, foliage, hay, fodder and litter	All countries	Prohibited	For exclusion of pests and pathogens of graminaceous

elsewhere)				crops
GRAPE VINE (Vitis spp and all	Vegetative propagating	Canada, the United States of America, China, Korea, Japan, Manchuria and all countries where Popillia japonica occurs	Prohibited	For exclusion of Japanese beetle (Popillia japonica).
members of the	material
family Vitaceae)
		Elsewhere	*Permit followed by Quarantine	Additional declaration required that the parent vines were inspected during active growth and found to be free from virus diseases. For exclusion of virus disease of grape vines and Phvlloxera vitifoliae.
	Seeds	All countries	*Permit	Additional declaration required that the seed was harvested from fields which were inspected in active growth and found to be free from Erwinia vitivora.
	Rowers and foliage	All countries	Prohibited	For exclusion of pests and pathogens of grape vines.
	Fruits			See section on FRESH FRUITS.
GROUNDNUT (Arachis spp.)	Vegetative propagating material	All countries	*Permit followed by Quarantine	Additional declaration required that plants are free from virus diseases. For exclusion of rusts, nematodes and virus diseases of groundnuts.
	Seeds	All countries	*Permit	Additional declaration required that the parent plants were inspected during active growth and found to be free from seed-borne virus diseases.
	Vegetative material except for propagation	All countries	Prohibited	For exclusion of pests and pathogens of leguminous crops.
HELLANTHUS	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of sunflower and
(sunflower, Jerusalem				artichokes.
artichoke. etc.)

FIRST

SCHEDULE-

continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
HELIANTHUS spp. (sunflower, Jerusalem artichoke, etc.)- (continued)	Seeds	Argentina, Union of Soviet Socialist Republics and all countries where seed-borne virus diseases of Helianthus spp. are known to occur	Prohibited	For exclusion of seed-borne viruses of sunflower and artichokes.
		Elsewhere	*Permit	Additional declaration required that seed-borne virus diseases of Helianthus spp. are not known in the country of origin, and that the seed was harvested from fields which were inspected during active growth and found to be free from Pseudomonas helianthi and Pseudomonas cichorii.
JUTE (Corchorus spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of jute.
	Seeds	All countries	Permit	–
KOLA (Cola spp.)	Vegetative material	All countries	Permit followed by Quaran- tine	For more effective control and necessary exclusion of virus diseases and nematodes.
	Seeds	All countries	Permit	–
LENTIL (Lens spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of leguminous crops.
	Seeds	All countries	Permit	–
LINSEED (Linum spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of linseed.
	Seeds	All countries	Permit	–

LIVING ORGINISMS	All countries	Prohibited save by director	–
OTHER THAN FLOWERING PLANTS AND CONIFERS		for scientific purposes subject to requirements of regulation 8 (2) (a)
(i) Actinomycetes
(ii) Algae
(iii) Bryophyta
(iv) Lichens

(v) Cultures of phytopathogens or plant parasitic organisms
(vi) Living invertebrates likely to be harmful to agricultural crops or forest trees
LUCERNE (Medi- cago spp.)	Vegetative material	All countries	Permit followed by Quarantine	–
	Seeds	All countries	*Permit	Additional declaration required- (i) that Corvnebacterium insidiosum, Urophlyctis alfalfae. alfalfa dwarf disease virus. Ascochyta imperfecta and Cercospora medicaginis are not known to occur in the country of origin, or (ii) that the seed was harvested from fields which were inspected during active growth and found to be free Corynebacterium insidiosum. Urophlyctis alfalfa. dwarf disease virus. Ascochyta imperfecta and Cerco- spora medicaginis.
	All parts including hay, fodder. litter and meal excepting vegetative propagating material	All countries	Prohibited	For exclusion of bacterial wilt, Corynebacterium insidiosum, crown wilt. Urophlvctis alfalfae, and virus diseases of leguminous crops.
	and seeds
MAIZE (Zea mavs	All parts including hay,	All countries	Prohibited	For exclusion of downy mildews (Sclerospora spp.) and
and other species the subfamily Mavdeae)	litter, fodder and straw for packing except seeds and unmilled grain for consumption			Stewart’s disease (Xanthomonas stewartii).
	Seeds	All countries in Asia east of 60⁰ longitude	Permit followed by Quarantine	For exclusion of downy mildews (Sclerospora spp.) and Stewart’s disease (Xanthomonas stewartii).

FIRST

SCHEDULE-

continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
MAIZE (Zea mavs and other species Mavdeae)		Elsewhere	*Permit	Additional declaration required – (i) that Sclerospora sacchari and Xanthomonas stewartii are not known to occur in the country of origin; or (ii) that the seed was harvested from fields which were in- spected during active growth and found to be free Sclerospora sacchari and Xathomonas stewartii.
	Unmilled grain for consumption	All countries in Asia east of 60° longitude	Prohibited	For exclusion of downy rnildews (Sclerospora spp.)
MA LVACEAE (except cotton) and BOMBACACEAE	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of members of the families of Malvaceae and Bombacaceae.

	Seeds	All countries	Permit followed by	–
MANGOES (Mangifera spp. and Anacardium spp.)	Vegetative propagating material	All countries	*Permit followed by Quarantine	Additional declaration required that the parent plants were inspected during active growth and found to be free from Pseudomonas mangiferae indica, Physalospora persea, Elsinoe mangifera and virus diseases.
	Seeds	All countries	Permit	Additional declaration required that the seeds were harvested from fields which were inspected during active growth and found to be free from Pseudomonas mangifera indica, Pseudomonas persea. Elsinoe mangifera and virus diseases.
	Vegetative material for propagation	All countries	Prohibited	For exclusion of pests and pathogens of
	Fruit			See section on FRESH FRUITS.
MIMOSA spp.	Vegetative material	All countries	Prohibited	For exclusion of pests. rust diseases and alfalfa dwarf disease virus.
	Seeds	All countries	Permit	–
MUSACEAE (except	Vegetative material.	All countries	Prohibited	For exclusion of moko disease (Pseudomonas solanacearum).
Musa spp. and	fruits and seeds
Ensete spp.)
NOXIOUS WEEDS (See Remarks Column)	All parts	All countries	Prohibited	For exclusion of noxious weeds, meaning any plants or seeds of plant species. the importation of which is considered by the Director of Agricultural Research to be undesirable and notified as such in the Federal Gazette.

OIL PALM (Elaeis	Vegetative propagating	Indonesia, Madagascar,	Prohibited	For exclusion of Melittomma insulare and Rhadinaphelenchus cocophilus.
spp.)	material and seeds	New World, Pacific Islands, Philippines, Seychelles, the West Indies and all countries where Melittomma insulare or Rhadinaphe-
		lenchus cocophilus occurs
	Vegetative material	Elsewhere	Permit followed by Quarantine	For exclusion of pests and pathogens of oil and coconut palms.
	Seeds	Elsewhere	Permit	–
	Flowers. foliage and all timber	All countries	Prohibited	For exclusion of Melittomma insulare and Rhadinaphelenchus cocophilus.
OLEA spp.	Vegetative material	All countries where Pseudomonas savastanoi occurs	Prohibited	For exclusion of olive knot (Pseudomonas savastanoi).
		Elsewhere	*Permit	Additional declaration required that Pseudomonas savastanoi is not known to occur in the country of origin.
	Seeds	All countries	Permit	–
	Fruit			See section on FRESH FRUITS.
ORNAMENTAL	Vegetative material	All countries	*Permit followed by	Additional declaration required as to active growth Inspection.
PI.ANTS SHRUBS			Quarantine if necessary
AND TREES
(other than those
mentioned
elsewhere)
PACKING MATERIALS AND LITTER	All parts used as packing material, fodder or litter	All countries	Prohibited	For exclusion of pests and pathogens dangerous to agricultural crops.

(ii) Peat moss litter	Peat moss litter used as packing for living plants	All countries	Permit subject to special treatment	Heat treatment or chemical treatment required to be given in country of origin.
(iii) All other	All parts of all other	All countries	Permit subject to special	Heat treatment or chemical treatment required to be given in country of origin.
species	species used as packing		treatment
	for living plants
	All parts used as hay, fodder or litter	All countries	Prohibited	For exclusion of pests and pathogens dangerous to agriculture.
PALMS (Acrocomia intumescens and Oreodoxa regia)	Vegetative material and fruits	All countries	Prohibited	For exclusion of the nematode Rhadinaphelencus cocophilus and fruit flies.
	Seeds	United States of America,	Prohibited	For exclusion of the nematode Rhadinaphelenchus cocophilus
		Mexico, South America
		and all countries where
		Rhadinaphelenchus
		cocophilus occurs
		Elsewhere	Permit
PASSION FRUITS	Vegetative material	All countries	*Permit followed by	Additional declaration required that the parent plants were
(Passiflora spp. and Tacsonia spp.)			Quarantine	inspected during active growth and found to be free from virus diseases.
	Fruits			See section on FRESH FRUITS
	Seeds	All countries	Permit	–
PEAS and related	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of peas and beans.
plants (Dolichos spp., Lathvrus spp., Pisum spp. and Vicia spp.)	including hay, fodder and litter

PEAS and related	Seeds	All countries	*Permit	Additional declaration required- (i) that Pseudomonas pisi is not known to occur in the country of origin; or (ii) that the seeds were harvested from fields which were inspected during active growth and found to be free from Pseudomonas pisi.
plants (Dolichos
spp .. Lathvrus spp
Pisum spp. and
Vicia spp.)
PEPPER (Piper nigrum)	Vegetative material	All countries	*Permit followed by Quarantine	Additional declaration required that parent plants were inspected during active growth and found to be free from tomato spotted wilt virus.
				For exclusion of various rots and cankers (Phvtophthora Palmivora), nematodes and virus diseases. .
	Seeds	All countries	Permit	–
PEPPER AND CHILLIES (Cap- sicum spp.)	Vegetative material and fresh fruits	All countries	Prohibited	For exclusion of Phvtophthora blight. (Phvtophthora and virus diseases.
	Seeds	All countries	· Permit	Additional declaration required- (i) that the seed was harvested from fields which were inspected during active growth and found to be free from Phvtophthora capsici: or (ii) that Phvtophthora capsici is not known to occur in the country of origin.
PINEAPI.E (Ananas spp.)	Vegetative material	All countries	*Permit followed by Quarantine	Additional declaration required that the parent plants were inspected during active growth and found to be free from tomato spotted wilt virus.

	Fruit	All countries	Prohibited	For exclusion of tomato spotted wilt virus.
POPLARS AND	Vegetative material	All countries	Permit followed by	For exclusion of rust diseases of forest trees and virus diseases of poplar.
WILLOWS (Populus			Quarantine
spp. and Salix spp.)
	Seeds	All countries	Permit followed by special treatment	Treatment with organo-mercurial seed dressing is required.
	Flowers. foliage and timber with bark	All countries	Prohibited	For exclusion of virus disease of poplar and rust diseases and insect pests of forest trees.
POTATOES (and allied Solanum spp.)	All parts except seed tubers. tubers or consumption and	All countries	Prohibited	For exclusion of pests and pathogens of potato.

POTATOES (and allied Solanum spp.)	Seed tubers	All countries	*Permit	Additional declaration required that the parent plants were inspected during active growth and found to be free from Corynebacterium spedonicm and Svnchytrium endobioticum and the tubers after washing. were found to be free from cyst forming nematodes.
	Seeds	All countries	Permit	–
	Tubers for consumption	All countries	*Permit	Additional declaration required that the consignment is free from Corvnebacterium sepedonicum, Synchytrium endobioticum and cyst-forming nematodes .
PYRETHRUM (Chsvsanthemum cineraraefolium )	Vegetative material	All countries	Permit followed by Quarantine	For exclusion of pests and pathogens of pyrethrum.
	Seeds	All countries	Permit	–
RICE (Orvza spp.)	Vegetative material	All countries	Prohibited	For exclusion of nematodes, pests and fungal and virus diseases of rice.
	Seeds	All countries	Permit followed by special treatment	Seeds to be given a hot-water treatment at 60°C for 15 minutes and dressed with organo-mercurial seed-dressing.
ROSACEAE (excluding rose, strawberry and Rubus spp.)	Vegetative material	All countries in Asia east of 60⁰E longitude, the Pacific Islands and all countries where Dacus dorsalis occurs	Prohibited	For exclusion of fruit flies (Dacus dorsalis).
		Elsewhere	*Permit	Additional declaration required that the parent plants or plants were inspected during active growth and found to be free from Erwinia amylovora and virus diseases.
	Seeds of almond, apricot cherry, damson, gage, nectarine peach. plum, prune, sloe	All countries	Prohibited	For exclusion of seed-borne virus diseases.
	Seeds of apple, medlar, pear, quince	All countries	Permit	–

ROSACEAE

(excluding rose, strawberry and Rubus spp.)- (continued)

Fruits

All countries where apple maggot (Rhagoletis

Pomonella) and cherry fruit fly (Rhagoletis

cerasi) occur for relevant fruits

Permit followed by treatment

on arrival if necessary

–

Elsewhere

See Section on FRESH FRUITS.

ROSE (Rosa spp.)

Vegetative material

All countries in Asia east

of 60⁰E longitude. the Pacific Islands and all countries where Dacus

dorsalis occurs

Prohibited

For exclusion of fruit flies (Ducus dorsalis).

		Elsewhere	*Permit	Additional declaration required that the parent plants or plants were inspected during active growth and found to be free from Erwinia amvlovora and virus diseases.
	Fruits			See section on FRESH FRUITS.
RUBBER TREES (Hevea spp.)	All parts except vegetative propagating material and seeds	All countries	Prohibited	For exclusion of South American leaf blight (Dothidella
				Ulei ) various rots and cankers (Phytophthora palmivora and Phytophthora heveae).

	Vegetative propagating	Central and South	Prohibited	For exclusion of South American leaf blight (Dothidella ulei).
	material	America and all countries where Dothidella ulei occurs
		Elsewhere	Permit followed by Quarantine	Treatment with 0.1 % mercuric chloride in 50% methyl alcohol for 30 seconds in country of origin. For exclusion of various rots and cankers (Phytophthora palmivora and Phytophthora heveae)
	Seeds	Central and South	Prohibited	For exclusion of South American leaf blight Dothidella Ulei).
		America and all
		countries
		where Dothidella ulei
		occurs
		Elsewhere	Permit followed by Quaran- tine	Treatment with organo-mercurial seed-dressing. For exclu- sion of various rots and cankers (Phvtophthora palmivora Phvtophthora heveae).

RUBUS spp.	Vegetative material	All countries in Asia east of 60 °E longitude, the Pacific Islands and all countries where Dacus dorsalis occurs	Prohibited	For exclusion of fruit flies Dacus dorsalis.
		Elsewhere	*Permit	Additional declaration required that the parent plants were inspected during active growth and found to be free from virus diseases.
	Fruits			See section on FRESH FRUITS.
SISAL (Agave spp. and Fourcroya spp.)	Vegetative material	All countries	Permit followed by Quarantine	For exclusion of pests and pathogens of sisal and Mauritius hemp.
	Seeds	All countries	Permit	–
SESAME (Sesamum spp.)	Vegetative material	All countries	Prohibited	For exclusion of pests and pathogens of sesame.
	Seeds	All countries	Permit	–
SOILS AND COMPOSTS	For scientific and analytical purposes	All countries	Permit followed by sterilization of soil or composts	Sterilization in Nigeria after use. For exclusion of soil- borne pests. etc.
	For all other purposes	All countries	Prohibited	For exclusion of soil-borne pests, and pathogens.
	Special rooting compost, sphagnum or peat	All countries	Permit subject to soil and composts (if any) being sterilized before	For exclusion of soil-borne pests, etc.
SORGHUM spp.	All parts except vegetative propagating material and seeds	All countries	Prohibited	For exclusion of pests and pathogens of graminaceous crops.
	Vegetative material	All countries	Permit followed by Quarantine	For exclusion for pests and pathogens of graminaceous

Seeds

All countries

Permit

Treatment with fungicidal seed-dressing in country of origin is required.

SOYA BEAN

(Glycine spp.)

Vegetative material

All countries

Prohibited

For exclusion of nematodes and bacterial. fungal and virus

diseases of soya bean.

SOYA BEAN (Glycine spp.)	Seeds	All countries	*Permit	Additional declaration required that the area of origin is free from cyst-forming nematodes.
STRAWBERRY (Fragaria spp.)	Vegetative material	All countries in Asia east of 60 °E longitude, the Pacific Islands and all countries where Dacus dorsalis occurs	Prohibited	For exclusion of fruit flies (Dacus dorsalis).
		Elsewhere	*Permit	Additional declaration required that the parent plants were inspected during active growth and found to be free from core (Phytophthora fragariae) and virus diseases.
	Fruits			See Section on FRESH FRUITS.
SUGAR CANE (Saccharum spp.)	Cane for consumption. flower heads and foliage	All countries	Prohibited	For exclusion of pests and pathogens of sugar cane.
	Vegetative propagating material	All countries	Permit followed by treatment	To be given hot air or hot water treatment and dipped in 0.1 % mercuric chloride solution in country of origin.
	Seeds	All countries	Permit	–
SWEET POTATO (alternative name KUMARA) batatas and ipomoea spp.	All parts except vegetative propagating material and seeds	All countries	Prohibited	For exclusion of “internal cork” and other virus disease of Ipomoea spp.
	Vegetative propagating material	All countries	*Permit followed by Quarantine	Additional declaration required that the parent plants were inspected during active growth and found to be free from internal cork and other virus disease.
	Seeds	All countries	Permit	–
TEA (Camellia spp and Thea spp.)	Vegetative material	African Continent	Permit followed by Quarantine
		Elsewhere	Prohibited	For exclusion of blister blight (Exobasidium vexans) of tea trees.
	Seeds	African Continent	Permit	–
		Elsewhere	Prohibited	For exclusion of blister blight (Exobasidium vexans) of tea trees.

FIRST

SCHEDULE-

continued

Plant material	Pans of plant	Countries to which restrictions apply	Restriction	Remarks
TOBACCO (Nicoti- ana spp.)	Vegetative material	All countries	Prohibited	For exclusion of blue mould (Peronospora tabacina and virus diseases of agricultural crops.
	Seeds	All countries where Peronospora tabacina occurs	Prohibited	For exclusion of blue mould (Peronospora tabacina).
		Elsewhere	*Permit followed by Quarantine	Additional declaration required that blue mould (Peronospora tabacina) is not known to occur in the country of origin.
	Flue cured	All countries outside Africa south of the and all countries where Peronospora tabacina	Prohibited	For exclusions of blue mould (Peronospora tabacina).

		occurs except the United States of America
		Within Africa south of Sahara and the United States of America	*Permit	Additional declaration required that only flue-cured leaf is the consignment.
	Air, sun cured	All countries outside Africa south of the Sahara and all countries where Peronospora tabacina occurs	Prohibited	For exclusion of blue mould (Peronospora tabacina)
		Elsewhere	*Permit	Additional declaration required that Peronospora tabacina is not known to occur in the country of origin.
	Trade samples of uncured tobacco	All countries	Permit (as special case)	Samples are to be sealed in polythene bags and to be inspected by a commercial representative in the inspection room prior to destruction. Samples must not be released to importer.
TOMATO (Lycoper- sicum spp.)	Vegetative material and fresh fruit	All countries	Prohibited	For exclusion of pests and pathogens of tomato.
	Seeds	All countries	*Permit	Additional declaration required that the field of origin was free from Corvnebacterium michiganense and Didymell lycopersic
VANILLA spp.	Vegetative material	All countries	Permit followed by Quarantine	For exclusion of pests and pathogens of vanilla including Fusarium wilt (Fusarium bulbigenum).
	Seeds	All countries	Permit	–

FIRST

SCHEDULE

-continued

Plant material	Parts of plant	Countries to which restrictions apply	Restriction	Remarks
WHEAT, BARLEY, OATS, AND RYE	Vegetative material	All countries	Prohibited	For exclusion of mildews, rusts, flag smut (Urocystis tritici) yellow slime disease (Corynebacterium tritici) and ear cockle eelworm (Anguina tritici).
	Seeds	All countries	Permit followed by treatment	–
	Straw used as packing for living plant material	All countries	Prohibited	For exclusion of disease or cereals,
WALNUT (Juglans	Vegetative material	All countries in Europe,	Prohibited	For exclusion of walnut blight (Gnomonia leptostyla),
spp.)		United States of America,
		Canada, Chile, Uruguay, South Africa, Iran, Israel, Union of Soviet Socialist Republics and all countries where Gnomonia leptostyla occurs
	Seeds	All countries	Permit	–
		Elsewhere	*Permit followed by Quarantine	Additional declaration required that walnut blight (Gnomonia Leptostyla) is not known to occur in the country of origin.
WILD PLANTS	All parts	All countries	Conditional permit (if	Each case to be judged on its own merits.
(Plant species not mentioned elsewhere)			warranted as a particular case)
YAM (Dioscorea spp.)	All parts except vegetative propagating material and seeds	All countries	Prohibited	For exclusion of bacterial, fungal and virus diseases of root crops.

Vegetative propagating

material

All countries

Permit followed by Quaran- tine

–

Seeds

All countries

Permit

–

Tubers for consump- tion

All countries

Prohibited

For exclusion of pests and diseases of root crops,

SECOND SCHEDULE

[Regulation 4 (4).]

Nigeria Federal Department of Agricultural Research Plants, etc. (Control of Importation) Regulations under section 4 of Cap. A 12

No ………………………………………………………………………………………………………………………. .

PERMIT TO IMPORT

Permission is hereby given to ……………………………………………………………. of …………………………………………………………………………………………………… .

to import into

from ……………………………………………………………………………………………………the following

……………………………………………………………………………………………………………………………………………………………

*Subject to the following conditions.

………………………………………………………………………….

Director of Agricultural Research

LawCareNigeria