The Lao People's Democratic Republic
Peace Independence Democracy Unity Prosperity
Ministry of Agriculture and Forestry
Department of Agriculture
No. 2804/DOA
Vientiane Capital, Date: 09 August 2023
Instruction
of Phytosanitary Requirements for the Export of Tobacco Leaves from the Lao PDR to the People's Republic of China
- Pursuant to the Plant Protection and Quarantine Law No. 13/NA, dated 15 November 2016;
- Pursuant to the Minister’s Decision on the Organization and Implementation of the Department of Agriculture No. 0078/MAF, dated 12 January 2022;
- Pursuant to the Protocol on Phytosanitary Requirements for Export of Tobacco Leaves from the Lao PDR to the People's Republic of China, signed on November 2022.
In recent years, the policies on promote the agricultural commodity production has been implemented, resulting in an increasing exchange and trade of agricultural commodities with both regionals and internationals. In this regard, the Ministry of Agriculture and Forestry of Lao PDR and the General Administration of Customs of the People's Republic of China have signed the Protocol of Phytosanitary Requirements for the Export of Tobacco Leaves from the Lao PDR to the People's Republic of China. As recently, mandarins, pomelos, and lemons have been largely cultivated, generating income for local people and making significant contribution to the socio-economic development of the country. However, the implementation of these promotional measures has not yet been fully consistent with the Protocol of Phytosanitary Requirements for the Export of Tobacco Leaves that two countries have signed, particularly production and monitoring systems, and pest management of orchards as well as treatment procedures, cleaning management of packing houses, and recordings.
To ensure that the production and export management of Tobacco Leaves from the Lao PDR is principled, unified, transparent, and complies with the Protocol of Phytosanitary Requirements for the Export of Tobacco Leaves from the Lao PDR to the People's Republic of China, as well as the laws, regulations, and international agreements on Plant Protections of both the Lao PDR and the People's Republic of China are parties.
Department of Agriculture Issues the Instructions:
I. Objectives
- To implement the Protocol of Phytosanitary Requirements for the Export of Tobacco Leaves from the Lao PDR to the People's Republic of China;
- To provide consistent procedures for applying phytosanitary requirements for exports throughout the country.
II. Phytosanitary Requirements for Export of Tobacco Leaves from the Lao PDR to the People’s Republic of China.
1. Type Tobacco Leaves
According to the Protocol of Phytosanitary Requirements, Tobacco Leaves to be exported from the Lao PDR to the People's Republic of China must be cured or dried tobacco leaves that have the scientific name is Nicotiana tabacum L and commonly called in English as Tobacco and belong to the scientific species of Salanaceae that planted and produced in the Lao PDR.
1.1. Pomelo has scientific name is: Citrus maxima, commonly known in English as "pomelo.", and commonly pronounced in Lao as “ mak kieng yai or mak som o”
1.2. Yellow lemon has scientific name is: Citrus limon, and commonly known in English as "Lemon.", and commonly pronounced in Lao as “mak nao”
2. Concern Quarantine Pests
Tobacco Leaves to be exported from the Lao PDR to the People’s Republic of China must be free of the quarantine pests as listed below:
No Scientific name Common name Characteristics/descriptions Sample images
1 Cenchrus spp.
(non-Chinese
species) Buffel grasses
It is a Buffel grass that has many years old. It is 20 to 120 cm tall. Its leaves are linear 3 to 25 cm long. Its flowers are bunched 2 to 14 cm long and 1 to 2.6 cm wide
Chromolaena
odorata
Siam weed
Siam weed is a shrub with a stem height of 1-2 meters. Its leaves are hairy with 4–10 cm long, and 1–5 cm wide, its petioles are 1–4 cm long, its flowers are white tubular arranged in 10-35 bunches at the end of its branches. Most of them are scattered by the wind.
Ageratina
adenophora
Crofton weed
Crofton weed is a shrub that has many years old. Its stem is round, straight, and around 60-100 cm tall. Its bark is reddish-purple. Its single leaf is 3-5 cm wide, and 4-8 cm long, the leaf edge is serrated and sharp-end. Its flowers are small around diameter 0.5 cm and has small brown seeds and white hairs. It can be well scattered in the wind.
Solanum
torvum
Turkey berry
( ໝາກແຄ້ງ) Its stem is 2 or 3 meters tall, gray and green with sharp thorns up to the leaves, the leaf edges are webbed, the petioles are 1-6 cm long and the leaves are 7-23 cm long, covered with short hairs, the flowers are white or purple.
5 Cussuta spp.
Dodders
Dodders is a parasitic plant that thrives attached on other plants and extracting water or nutrients from the other host plants. Dodders are yellow and I t is around 1 cm in diameter, and its flowers are clustered with 2-4 seeds.
6 Lasioderma
serricorne Cigar beetle
Cigar beetle is brown in adult stage, its body is around 2-3 mm long, the larvae are yellow and it will be darkened when growing up, both larvae and adult eat tobacco leaves.
2. Management of Orchards
Tobacco leaves that are intended for export to the People's Republic of China must comply with the measures of pest control inspections and integrated management practices as follows:
1) It must be conducted the pest control inspections in the period of production;
2) Pest management of orchard needs to implement with the Integrated Pest Management (IPM), such as using pheromone traps, yellow glues, hygienic keeping of orchards, removing fallen and diseased fruits, pruning, conserving useful insects, and employing physical and other appropriated techniques to destroy pests when they are found;
3) Orchard operators must keep records of pest management and monitoring such as chemical names, application periods, active substances, quantity, frequency, and other related information. Recorded documents should be properly kept and readily available for inspection by authorities;
4) Production areas must have safety measures to prevent and control the spread of COVID-19 pandemic for products and workers.
4. Packing Houses
Management within packing-houses must conduct with the followings:
1) Tobacco leaves to be exported to the People's Republic of China must be dried by the drying machine rather than sunlight
2) Tobacco leaves to be exported to the People's Republic of China must be free from pests that listed by China, and also must be without soil, live insects, and contaminates;
3) The packing of tobacco leaves must be printed or labeled with clearly sized letters. Details of label should be written with common and scientific names in Chinese, such as: type of tobacco leaves, dates of production, quantity, grade, register number of production area or orchard, and the destination country (the People's Republic of China Only);
4) Label of tobacco leaves packing must be complied with the packing standards and regulations of the People's Republic of China;
5) After packing completed, it must be stored separately in cleaned storage facilities to prevent contamination and pest infestation;
6) In cases, the live insects are found during production and storage, there must be pest inspection and measures of warehouses in the production areas such as: fumigation for pest’s control. It is prohibited to place tobacco leaves that produced in other areas both from the domestic and foreign countries onto tobacco leaves that are intended for export to the People's Republic of China.
5. Registration
Individuals, legal entities, or organizations intending to register or renew the registration of orchards, packing houses, and fumigated houses must follow with the regulations that declared periodically by the Ministry of Agriculture and Forestry. Applications for registration need to be submitted to the Department of Agriculture for considerations.
The application for registration includes as the followings:
1. A completed application form as specified by the Department of Agriculture;
2. A copy of the operated license of Agricultural and Forestry activities;
3. A copy of the recent annual tax clearance certificate;
4. An operational manual on management of plant sanitary and phytosanitary;
5. A power of attorney and a copy of applicant’s identity card, in cases, instead appointing another applicant to summit applications.
The registration certificate is valid for one year and can be renewed. Operators that have been approved and registered as exporters will be declared with their details, including name, address, and registration number on the official website of the General Administration of Customs of the People's Republic of China.
6. Phytosanitary Measures Before Export
Individuals, legal entities, or organizations that have been approved as exporters by the General Administration of Customs of the People's Republic of China must conduct with the following requirements:
1) Request applications and its relevant attached documents should be submitted to either the Department of Agriculture or the Provincial Agriculture Divisions. For requirements and procedures applying for a phytosanitary certificate, applicants must follow the Instructions No. 2880/DOA, dated December 11, 2019, issued by the Department of Agriculture;
2) In case, the quarantine pests that listed in article 2 of chapter II of this Instruction are found during inspection, the respective consignment of tobacco leaves must not be exported, and the finding must be reported immediately to the Department of Agriculture, Ministry of Agriculture and Forestry to suspend orchards areas and seek for corrective measures.
3) In case, the consignments of tobacco leaves are not found any quarantine pests that listed in article 2 of chapter II of this Instruction by the Plant Quarantine Authorities. At that point, a phytosanitary certificate must be issued for the consignment of tobacco leaves and the phytosanitary certificate must be printed additional declarations starting with: ‘‘This consignment is in compliance with the Protocol of Phytosanitary Requirements for Export of Tobacco leaves from Laos to China, and free of soil and the quarantine pests of concern by China". For the case that tobacco leaves that are intended to export have been fumigated, then the type of fumigated pesticides, quantity, times, and temperature of fumigation should be declared in the phytosanitary certificate.
4) Plant Quarantine Authority that responsible for issuing the phytosanitary certificates should stipulate the designated import checkpoints that approved by the General Administration of Customs of the People's Republic of China for each period;
7. Plant Quarantine Measures at Entry Checkpoints
When consignments of Tobacco Leaves from the Lao PDR arrived at the entry Checkpoints in China, the consignment owner must summit all required documents to the Chinese Plant Quarantine Authorities for inspection and verification.
Consignments of Tobacco Leaves originating from unregistered production area are strictly prohibited from being imported.
In case, the quarantine pests that listed in article 2 of chapter II of this Instruction are found during inspection, The affected consignment of Tobacco Leaves will be forced to return, destroy, or subject to effective quarantine and pest eradication measures. Chinese Plant Quarantine Authorities will immediately notify the Lao Authorities regard to the type of pest, the phytosanitary certificate number, and other relevant information. And the imports of Tobacco Leaves from orchards or packing houses where the quarantine pests are found will be also suspended. Exporters must investigate the cause of pests and implement appropriate measures to prevent recurrence.
If the inspection results founded residues of chemicals or pesticides that exceed the standard values, then that consignment of bacco leaves will be forcibly returned or destroyed and the Lao authorities will be notified immediately that same as to the found of pests.
III. Implementation
1. Appoint the Plant Quarantine and Agriculture Divisions take the lead to collaborate with other relevant sectors to effectively monitor, inspect, and disseminate this Instruction;
2. Appoint Plant Quarantine Division periodically submits the list of individuals, legal entities, or organizations that have been authorized to export Tobacco Leaves to the Department of Plant and Animal Quarantine, General Administration’s Customs of the People’s Republic of China for their consideration, with coordinate with Agriculture Divisions and its line sectors to monitor and assess pest risk of the orchards in each production period;
3. Appoint the Plant Quarantine Division takes the lead to collaborate with Agriculture Divisions and its line sectors to periodically summarize and report to the Department of Agriculture, Ministry of Agriculture and Forestry regard to the exports of Tobacco Leaves from the Lao PDR to the People’s Republic of China;
4. Appoint the Plan Quarantine Authorities to strictly and technically implement in the inspection and certification of export tobacco leaves;
5. In the actual implementation, any convenience or challenges should be timely reported to the Department of Agriculture for immediate consideration of corrective measures.
This Instruction takes effect on the day of signing.
Director General
Bounchanh Kombounngasith
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