Section 2: Interpretation

2. Interpretation In this Act, unless the context otherwise requires— “beneficial organisms” means organisms, including fungi, bacteria, viruses, virus-like organisms or invertebrate or vertebrate animals, used specifically for— (a) control of pest; P12 – 1 [Issue 8] Plant Protection Act (b) pollination; (c) the commercial production of agricultural products; or (d) other purposes beneficial to agricultural production; “consignment” means a quantity of plants, plant products or regulated articles being moved from one country to another and covered, when required, by a single phytosanitary certificate; “container” means a box, bag or other receptacle in which plants, plant products or any object or material capable of harbouring pests have been or are being transported; “conveyance” means any ship, vessel, aircraft, train, vehicle, cart, container, animal or other animate or inanimate object that can convey plants, plant products, pests, soil or regulated articles from one place to another; “detention” means keeping of a consignment in custody or confinement for phytosanitary reasons; “emergency action” means any urgent phytosanitary action undertaken in a new or unexpected phytosanitary situation without full technical justification; “GMO” or “genetically modified organism” has the same meaning as in the Genetically Modified Organisms Act; “guidelines” means guidelines issued by the NPPO— (a) setting out the requirements, the applicable law and the procedure to be adopted for an application under section 19, 21 or 22; (b) available for consultation at the NPPO; and (c) posted on the website of the NPPO; “importer” means any person who, whether as owner, consignor, consignee, agent, broker or otherwise, is in possession of, or is in any way entitled to the custody of any plant, plant product or other regulated article landed or likely to be landed in Mauritius from another country; “infestation” means a condition whereby the land, plant, soil or other matter or thing in respect of which the term is used supports a pest physically, nutritionally or in any other way or a condition whereby the presence of the pest in or on the land, plant, soil or other matter or thing in question exposes any plant either directly or indirectly to pest infestation; “Minister” means the Minister to whom responsibility for the subject of agriculture is assigned; “NPPO” means the National Plant Protection Office referred to in section 4; “officer” means an officer of the NPPO designated as such under section 4 (2); “owner”, in relation to a thing, includes any person having for the time being the possession, custody or control thereof; [Issue 8] P12 – 2 Revised Laws of Mauritius “packaging” means any material in which any plant, plant product or regulated article is covered, enclosed, contained or packed; “pest” means any living stage of any insect, mite, nematode, slug, snail, protozoa, bacterium, fungus, plant or any reproductive part thereof, virus, phytoplasma, or any infectious agent capable of causing damage to any plant, planting material or plant product; “pest risk analysis” means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it; “phytosanitary certificate” means a certificate issued under section 22; “phytosanitary measure” means any measure taken for the prevention of the introduction or spread of quaran ny infectious agent capable of causing damage to any plant, planting material or plant product; “pest risk analysis” means the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it; “phytosanitary certificate” means a certificate issued under section 22; “phytosanitary measure” means any measure taken for the prevention of the introduction or spread of quarantine pests, or limiting the adverse economic impact of regulated non-quarantine pests; “plant” means any living plant and parts thereof, including seeds and germplasm; “plant import permit” means a permit issued under section 19; “plant product” means any product derived from plants, either in their natural, manufactured or processed form; “point of entry” means an airport, seaport or land border point; “premises” means land or any building or other structure situated on land; “quarantine” means the confinement of plants, plant products or other regulated articles for observation and research or for further inspection, testing and treatment; “quarantine area” means an area declared as such under section 10; “quarantine pest” means a pest specified in Part I of the Schedule; “re-export phytosanitary certificate” means the certificate issued under section 23; “regulated article” means any storage place, packaging, conveyance, container, soil and other organism, object or material capable of harbouring or spreading pests, requiring phytosanitary measures and includes a pest, a beneficial organism or GMO; “regulated non-quarantine pest” means a pest specified in Part II of the Schedule; “regulated pest” means a quarantine pest or a regulated nonquarantine pest; “soil” includes earth, water, peat, manure, compost, sand, clay and any other substance capable of supporting plant life, or transmitting any pest, whether or not used or intended to be used as a growing medium, or in any process of manufacture, or as ballast or for any other purpose whatsoever; P12 – 3 [Issue 8] Plant Protection Act “TradeNet” has the same meaning as in the Customs Act; “water” means water as a medium, including ballast water, capable of harbouring marine and aquatic invasive alien species. [S. 2 amended by s. 36 (a) of Act 27 of 2013 w.e.f. 1 July 2016.]