RTCR 379:2000. Procedures for the application of phytosanitary requirements for the importation of plants, plant products, and other products capable of transporting pests 1.-OBJECTIVE. To prevent the introduction into the national territory of quarantine pests of plants, through the establishment of phytosanitary measures (medidas fitosanitarias) for the importation of plants, plant products, and other products capable of transporting them.
2.-SCOPE OF APPLICATION. This Technical Regulation is applicable to:
- a)Botanical seeds (semillas botánicas) of vegetables, grasses, legumes, oilseeds, fruit trees, forages, forest species, ornamentals, flowers, and any other plant species of interest to humans.
- b)Propagative material (material propagativo) (except botanical seed) such as seedlings (plántulas), bulbs (bulbos), corms (cormos), roots, rhizomes (rizomas), stolons (estolones), tubers (tubérculos), cuttings (esquejes), stakes or rods (estacas o varetas), buds, layers (acodos), "in vitro" plants, and any other material used for plant propagation.
- c)Fresh fruits, vegetables, and tubers for fresh consumption or destined for the food industry.
- d)Grains for consumption or processing, such as: milled rice, paddy rice, wheat, barley, peas, corn, sorghum, soybeans, oats, beans (black, red, white, cuba), alfalfa, chickpeas, lentils, flaxseed, rapeseed, peanuts (with or without shell), and other grains.
- e)Plant products that have undergone some process such as crushing, grinding, drying, freezing, etc., for subsequent consumption.
- f)Spices for consumption or processing (not applicable to botanical seed for planting purposes): annatto, anise, celery, cinnamon, cardamom, clove, cumin, culantro, turmeric, hibiscus, ginger, laurel, mustard, nutmeg, pepper, oregano, thyme, etc.
- g)Plant products not included within the aforementioned products. Included here are products such as textiles, wood and related products, medicinal plants, fresh flowers, dried flowers, inert substrate (sustrato inerte), foliar and soil samples for physical-chemical analysis, etc.
3.-DEFINITIONS 3.1 layer (acodo): site on a branch where root emission is induced, which is later separated as a new plant.
3.2 pest risk analysis (análisis de riesgo de plagas, PRA): the process of evaluating biological, scientific, and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it.
3.3 area: an officially defined country, part of a country, all or parts of several countries.
3.4 pest-free area (área libre): an area in which a specific pest is absent, as demonstrated by scientific evidence, and in which, where appropriate, this condition is being officially maintained.
3.5 paddy rice: a collection of grains obtained from the species Oryza sativa in which at least 50% of them retain the outer covers (glumes) or husk.
3.6 brown rice: semi-processed rice grain from which only the husk or glumes have been removed.
3.7 milled rice: rice grains from which the husk, most of the outer layers of the endosperm (pericarp, tegument, and aleurone), and the embryo have been removed. Also known as processed or whitened rice.
3.8 phytosanitary authority: a person authorized or accredited by the Directorate responsible for applying current phytosanitary regulation.
3.9 prior authorization: an official document containing the phytosanitary requirements for the importation of plants, biological control agents, and other types of organisms for use in agriculture.
3.10 bulb (bulbo): a short underground stem of a plant produced on a solid basal plate, surrounded by fleshy leaf scales that protect it and store nutrients, and on the outside by leaf scales as protective tunics.
3.11 husk or glumes: outer covering of the rice grain.
3.12 husk: residues from the industrial process, originating from the husk or glumes of rice.
3.13 phytosanitary certification: use of phytosanitary procedures leading to the issuance of a phytosanitary certificate.
3.14 phytosanitary certificate: an official document attesting to the phytosanitary condition of any consignment (envío) subject to phytosanitary regulations.
3.15 IPPC: International Plant Protection Convention, deposited in 1951 at FAO, Rome, and subsequently.
3.16 corm (cormo): a solid structure of an underground stem with well-defined nodes and internodes and with leaf scales persisting at and enveloping each node.
3.17 quarantine: official confinement of plants or plant products subject to phytosanitary regulations for observation and investigation or for additional inspection, testing, and/or treatments.
3.18 plant quarantine: all activity designed to prevent the introduction and/or spread of quarantine pests or to ensure their official control.
3.19 additional declaration: a declaration required by the importing country to be incorporated into the phytosanitary certificate, containing specific additional information regarding the phytosanitary conditions of a consignment.
3.20 pest diagnosis: a technical operation to determine, exactly and carefully through an analysis, the specific characteristics of a pest. It is the analysis of the set of physical, clinical, and epidemiological signs observed in plants, their products, or byproducts that allows the presence of a pest to be ruled out or confirmed.
3.21 consignment: a quantity of plants, plant products, and/or other regulated articles being moved from one country to another and covered by a single phytosanitary certificate. (A consignment may be composed of one or more lots).
3.22 cutting (esqueje): part of a plant (branch, leaf, etc.) capable of originating a new plant.
3.23 spice: any part, processed or not, of a plant, used as a condiment.
3.24 stake or rod (estaca o vareta): portion of a stem (with or without leaves) or root capable of rooting and originating a new plant.
3.25 stolon (estolón): a stem that grows horizontally, producing adventitious roots when in contact with the soil.
3.26 fresh fruits, vegetables, and tubers: fresh parts (alive, not dried, frozen, or otherwise preserved) of plants destined for consumption or processing.
3.27 grain: seeds destined for processing or consumption and not for planting.
3.28 inspection: official visual examination of plants, plant products, or other regulated articles to determine if pests are present and/or to determine compliance with phytosanitary regulations.
3.29 legislation: any law, regulation, decree, directive, or other administrative order promulgated or issued by the Government of the Republic.
3.30 phytosanitary legislation: basic laws granting the State Phytosanitary Service (Servicio Fitosanitario del Estado) the legal authority from which phytosanitary regulations can be designed.
3.31 free from: referring to a consignment, field, or place of production (lugar de producción) without pests (or a specific pest) in numbers or quantities that can be detected by the application of phytosanitary procedures.
3.32 place of production: any establishment or grouping of fields operated as a single agricultural production unit.
3.33 MAG: Ministry of Agriculture and Livestock 3.34 propagative material: plants or parts of plants destined to remain planted, to be planted, or replanted.
3.35 phytosanitary measure: any legislation, regulation, or official procedure intended to prevent the introduction and/or spread of quarantine pests.
3.36 miscellaneous (misceláneos): plant products not included within botanical seed; propagative material; grains; fruits, vegetables, and tubers for fresh consumption; processed plant material; and spices.
3.37 official: established, authorized, or performed by the MAG.
3.38 WTO: World Trade Organization 3.39 pest: any species, strain, or biotype of plant, animal, or pathogenic agent harmful to plants or plant products.
3.40 quarantine pest: a pest that may have potential economic importance for the country, even if it is present, or if present, is not widely distributed and is under official control.
3.41 regulated non-quarantine pest: a non-quarantine pest whose presence in plants for planting affects the intended use of those plants with economically unacceptable repercussions and which is therefore regulated in the territory of the importing contracting party.
3.42 regulated pest: a quarantine pest or a regulated non-quarantine pest.
3.43 plant: living plants and parts thereof, including seeds and germplasm.
3.44 rooted plant (planta con raíz): a phenological stage superior to the seedling or rooted propagative material.
3.45 "in vitro" plant: a plant in tissue culture within a clear, aseptic, nutritional culture medium placed in a closed transparent container.
3.46 plant: any operation for placing plants in a growth medium to ensure their subsequent growth, reproduction, or propagation.
3.47 seedling (plántula): a young plant originating from botanical seed.
3.48 phytosanitary procedure: an officially prescribed method for conducting inspections, tests, surveys, or treatments in relation to plant quarantine.
3.49 processed plant product: part or parts of plants that have undergone some industrial process for subsequent direct or industrial consumption.
3.50 plant products: unmanufactured materials of plant origin (including grains) and those manufactured products that, by their nature or processing, may create a risk of introduction and dissemination of pests.
3.51 technical regulation: a document establishing the characteristics of goods or their related production processes and methods, including the applicable administrative provisions, with which compliance is mandatory.
3.52 phytosanitary requirement: phytosanitary conditions required to permit the entry and movement of plants, plant products, and byproducts, which were determined through risk analysis.
3.53 botanical seed: that which is obtained from the fruit, after the fertilization of the flower.
3.54 rhizome (rizoma): a specialized stem structure in which the main axis of the plant grows just below or on the soil surface.
3.55 State Phytosanitary Service: the official service established in Law N° 7664 on Phytosanitary Protection.
3.56 inert substrate: material of organic or inorganic origin, excluding soil, which may have been subjected to a quarantine treatment (tratamiento), serving as support for rooted plants and/or seedlings and being free of pests (e.g., vermiculite, agrolite, peat or peat-moss, etc.).
3.57 treatment: an officially authorized procedure for killing, eliminating, or sterilizing pests.
3.58 tuber (tubérculo): a modified underground stem that develops as an apical swelling of a stolon.
3.59 rod (vareta): see stake.
3.60 verification: visual confirmation or confirmation through sampling and laboratory analysis of compliance with technical regulations, expressed through a finding.
3.61 verification at origin (verificación en origen): that performed by the MAG, through the State Phytosanitary Service, to verify in the country of origin, prior to importation, compliance with the technical regulations, as established in the respective Technical Regulation RTCR: 351.1997. "Guidelines for the verification at origin of plants, biological control agents, and other organisms for agricultural use intended for importation." 4.-GENERAL REQUIREMENTS FOR THE IMPORTATION OF PLANTS, PLANT PRODUCTS, AND OTHER PRODUCTS CAPABLE OF TRANSPORTING PESTS 4.1. Parties interested in importing plants, plant products, and other products capable of transporting pests must comply with the requirements established in this technical regulation and in the manuals or technical guides of specific requirements by country and product.
4.2. Any importation of a species or from a country of origin not established in the manuals or technical guides of specific requirements must be requested from the MAG through the State Phytosanitary Service to determine the phytosanitary requirements for it or to conduct a pest risk analysis according to established procedures.
4.3. Parties interested in importing plants, plant products, and other products capable of transporting pests must obtain prior authorization from the State Phytosanitary Service, which will specify the specific phytosanitary requirements established in the manuals or technical guides of specific requirements. These requirements will be requested at the locations determined by the State Phytosanitary Service (central offices of the Directorate of Phytosanitary Protection, PROCOMER's Single Window, or at Agricultural Quarantine Stations). For its resolution, the State Phytosanitary Service will have a period of up to eight working days from the day following the date of receipt of the application, as stipulated in Law Nº 7664 on Phytosanitary Protection.
4.4. All importation of plants, plant products, and other products capable of transporting pests will be subject to inspection, in which the necessary phytosanitary measures will be determined, such as sampling and laboratory analysis for pest diagnosis or pesticide residues for compliance with the regulations established in accordance with Article 54 of Law Nº 7664 on Phytosanitary Protection.
4.5. Shipments of canned seeds must include an accompanying sample of origin to avoid the opening of the cans; otherwise, the cans will be opened for the respective laboratory analysis if necessary.
4.6. The importation of plants, plant products, and other products capable of transporting pests will be subject, when applicable, to the presentation of the Phytosanitary Certificate from the country of origin or any other type of certification, and when specific requirements are required, the importation must be accompanied by an additional declaration in the Phytosanitary Certificate from the country of origin, indicating the pests from which the product is free or that it comes from areas free from them, as well as the required treatments or other requested observations.
4.7. Any importation of plants or plant products not covered or with restrictions in the manuals or technical guides of specific requirements, and solely for research purposes, will be analyzed individually, for which the interested institution or company will submit an application to the State Phytosanitary Service for resolution, and if it is accepted, a memorandum of understanding must be concluded between the latter and the interested party for agreement commitments.
4.8. The importation of samples without commercial value will have the same requirements as commercial shipments, except for species or countries with restrictions. In this latter case, an application must be made to the State Phytosanitary Service to study each case individually.
4.9 Any importation of genetically modified seeds (or other products), in addition to complying with all the requirements established in the manuals or technical guides of specific requirements, must have the authorization of the Biosafety Commission, in addition to subsequent field oversight by the competent Authority.
4.10 When phytosanitary quality problems are detected, the MAG, through the State Phytosanitary Service, may order, in accordance with the provisions of Article 54 of Law Nº 7664 on Phytosanitary Protection, that the interested party carry out the quarantine treatment of the product, which will be conducted at the available facilities of the Agricultural Quarantine Station or at those of the interested party under the supervision of a Phytosanitary Authority.
4.11 The entry of any material with the presence of soil is not permitted.
4.12 Only inert substrate is permitted as rooting material.
5.-PROCEDURE FOR THE ELABORATION OF MANUALS OR TECHNICAL GUIDES OF SPECIFIC REQUIREMENTS BY COUNTRY AND PRODUCT 5.1 The Directorate of Phytosanitary Protection Services will prepare manuals or technical guides of specific phytosanitary requirements that must be met for the importation of plants, plant products, or other products capable of transporting pests. These will be available to interested parties at the Directorate or may be obtained via the Internet. The modification of these manuals or guides will be made known by notification to the WTO, as established in the Agreement on the Application of Sanitary and Phytosanitary Measures and the International Plant Protection Convention (IPPC).
5.2 There will be 7 manuals or technical guides according to the type of product:
5.2.1 Phytosanitary requirements for the importation of seeds.
5.2.2 Phytosanitary requirements for the importation of plant propagative material.
5.2.3 Phytosanitary requirements for the importation of fruits, vegetables, and tubers for fresh consumption or for industry 5.2.4 Phytosanitary requirements for the importation of grains.
5.2.5 Phytosanitary requirements for the importation of processed plant products.
5.2.6 Phytosanitary requirements for the importation of spices.
5.2.7 Phytosanitary requirements for the importation of miscellaneous products 5.3 The manuals or technical guides will be prepared according to the following procedures:
5.3.1 Indication of the country of origin 5.3.2 For each country of origin, the plant species, plant products, or other products (common and scientific name) are detailed.
5.3.3 For each plant species, plant product, or other product, the product class is determined, if applicable (rooted or unrooted cuttings, plants with or without root, "in vitro" plants, etc.).
5.3.4 For each plant species, plant product, or other product, the phytosanitary requirements that the products intended for importation must meet are detailed. These requirements may include the following measures:
- a)Presentation of an Official Phytosanitary Certificate (PC) from the country of origin b) Additional declarations in the PC that may include:
i. Product free from certain pest(s) ii. Product originating from a Pest-Free Area for certain pest(s) iii. Product originating from a Pest-Free Place of Production for certain pest(s) iv. Product subjected to a specific treatment in the country of origin v. Other specific declarations c) Verification at origin 5.3.5 The measures will be based on technical studies conducted and on Pest Risk Analysis, according to the established procedures and the A1 and A2 pest lists for Costa Rica.
5.3.6 The manuals or technical guides will have the characteristic of being official and will be available to interested parties at the Central Offices of the Directorate or available via a Web page on the Internet.
5.3.7 For the modification of any of these manuals or technical standards, the procedure will be in accordance with the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures and the International Plant Protection Convention (IPPC) through notification to the WTO.
5.3.8 The manuals or technical guides will be subject to annual reviews for the inclusion of new countries or products or the modification of requirements according to the circumstances of the movement of quarantine pests, and if they undergo substantial changes, the procedure will be as per the previous point.