Legislação


 

MMA/MF n. 499 - Inglês

MINISTRY OF THE AGRICULTURE, LIVESTOCK AND RURAL
MINISTRY OF THE AGRICULTURE
MINISTER´S CABINET, decree 499, of November 3, 1999

THE  AGRICULTURE´S MINISTERS, in the use of  attribution that checks them the art. 87, II, of the Republic Constitution and  the determination in the Chapter I and II, of the Regulation of Vegetable Sanitary Defense, approved in the decree 24.114, of April 12, 1934, and

Considering that exotic pests forest of high risk, whose entrance in Brazil can bring damages to the economy and national flora;

Considering  introduction of new pests in the Country can happen through packings of several goods and in wood pieces as pallets and stowages used for the support of loads;

Considering during the transport, the goods and your packings can coming with infections of your origin places or of traffic;

Considering that the wood peel and wood in firewood form are efficient vehicles of disseminate pests;

Considering the recent introduction of the insect Anoplophora glabripennis, known as Chinese beetle, in the United States of America, and the damages caused by the pest in some areas of that country, as well as of the Strex noctilio, wasp of the wood, in the South Area of Brazil;

Considering that besides the Chinese beetle, there are the risk of the introduction and establishment of other pests, whose young stages are wood landlady, above all of used for packings;

Considering the necessity to establish quarentine regulations to protect the forest patrimony of the Country;

Considering that it is to owe of the State to guarantee the safety for all the sections of the national economy, they decide:

Art. 1st The wood entrance, in Brazil, in firewood form, it will only be allowed after Analysis of Pests risk, approved for the Ministry of the Agriculture.

Art. 2nd The entrance in the national territory, wood of any species, with peel, for commercialization effect, or isolated coat of conifers and of latifoliadas of the botanicals Acacia, Acer, Castanea, Eucalyptus, Fagus, Juglans, Nothofagus, Populus, Quercus, Salix, Tilia and Ulmus, will only be allowed after the Analysis Pests risk approved by the Department of Agricultural Defense, of the Ministry of the Agriculture.

Art. 3rd to Allow the entrance in the Country of true seeds for Conifers and Eucaliptus and of plants in vitro or stakes without leaves for Salináceas, as only forms of propagation of those vegetables, in case they assist to the demands of the Normative Instruction MA no. 05, of March 16, 1999, published in DOU of March 18, 1999.

Art. 4th  Declare as preferential to enter in the Country the packings that don't use wood, as well as, very away constituted of wood, be properly treated, as it determines this decree, in way to stop coming with insects or same not treated they be constituted by processed wood (compensated, foils of particles as for instance agglomerates, material in whose production is used wood, glues, heat and pressure).

Art. 5th Every packing and wood support, not treated, used in the transport of any merchandise class that enters in the Country, they should be free from peel, of insects and damages for these produced and if they don't assist the demands they should go for number § 1st of this article.

§ 1st The wood packings that if they originate or they for China (besides of the Special Administrative Area of Hong-Kong), Japan, South Korea, North Korea and United States of America, should be incinerated in the primary areas and, in the impossibility of attendance  this demand, they should be transported inside to your destiny of the own containers or in closed trucks, falling to the importer the obligation of your incineration..

§ 2nd The incineration can be fiscalized to the Police stations of Treasury department or of the Ministry of the Agriculture and in not having the execution, it will be  responsible the  legislation in force.

Art. 6th The packing wood or support in the transport of goods, shoud be treated and transported by that assure the impossibility of happening an infections during the itinerary, and to come accompanied of Official Fitossanitary Certificate, that guarantees, before the embarkment, your heat treatment, fumigation or other preservation form with your congener in Brazil, of consisting the product, quantidy of the product, time of exhibition and temperature used for the fumigation, owing such a certificate to be confronted in the entrance point, for  agricultural  specialist manager of the Ministry of the Agriculture.

§ 1st The fumigation treatment  have been accomplish in period non superior to the 15 (fifteen) previous days to the embarkment of the merchandise in the country of origin.

§ 2nd In the absence of the Official Certificate, the packing should be submitted to the  art. 5th, § 1st, of this decree, or to be fumigated before the disembarrassment customs officer by specialized firm, properly registered by the Ministry of the Agriculture and of the Provisioning and supervised for agricultural manager, with obligation for the importer, with the use of the Methyl  Bromide(80g/m cubic for 24 hours to the minimum temperature of 21st C) or other gas  legally authorized for fumigation, but that doesn't attack metals, or still treatments alternative efficient, one of those treatments is put  the wood in greenhouses to high temperatures, in way to reduce your humidity, in the maximum, 20%.

Art. 7th Can be added new countries to the art. 5th, paragraph 1st, of this decree, or new relative determinations to the theme, for united act of the Clerkships of the Federal Revenue, of Treasury department, and of the Clerkship of Agricultural Defense, of the Ministry of the Agriculture and of the Provisioning.

Art. 8th Are revoked the Decree S D TO no. 76, of June 16, 1993.

Art. 9th This Decree goes into effect 60 days after the date of your publication, being in that period subjects the public audience.

 MARCUS VINÍCIUS PRATINI OF MORAES

 Minister of State of the Agriculture and Provisioning

PEDRO SAMPAIO MALAN 

Minister of State of Finance