Adopted on 21 June 2014

1. This Law shall regulate relations pertaining to the implementation and management of the field of phytosanitary in the Republic of Armenia, establish mandatory phytosanitary requirements and the basic phytosanitary principles in the process of cultivation, storage, transportation or placing on the market of plants, plant products and other regulated items, as well as obligations of natural and legal persons engaged in soil cultivation.

2. This Law shall apply to all entities involved in relations that have arisen in the field of phytosanitary, including persons performing activities in the field of phytosanitary.

1. The relations having arisen in the field of phytosanitary shall be regulated by this Law, other laws, Civil Code of the Republic of Armenia and other legal acts.

2. Where provisions, other than those provided for by this Law, are prescribed by the international treaties of the Republic of Armenia, the norms of international treaties shall be applied.

1. The following main concepts shall be used in this Law:

(1) authorised body — Food Safety Inspection Body;

(2) plants — intact plants and separate parts thereof, including seeds, germs;

(3) phytosanitary — system of measures aimed at the production of healthy plants, plant products and regulated items in a healthy environment;

(4) plant quarantine — complex of state measures for the protection of plants, the purpose whereof is to identify, isolate and eliminate the foci infested with quarantine pests for plants, plant products and regulated items;

(5) plant product — raw material of plant origin, as well as processed products (except for those having gone through heat treatment) which, by their nature or way of processing, may create a risk of penetration and/or spread of pests;

(6) phytosanitary risk analysis — evaluation of biological and economic data in order to determine the need for regulation of pests, implement phytosanitary measures for the control thereof or strengthen phytosanitary measures;

(7) phytosanitary rules and norms — phytosanitary requirements prescribed by the international treaties of the Republic of Armenia, Law of the Republic of Armenia and other regulatory legal acts;

(8) plant protection — use of chemical and biological means of pest control in places of cultivation, testing, storage and transportation of plants, plant products, as well as a complex of measures of pest control aimed at preserving the environment and protecting plants and animals;

(9) phytosanitary examination — visual inspection of plants, plant products and regulated items in order to determine the presence or absence of pests;

(10) plant quarantine pest — pest of economic importance to the endangered zone, which is still absent or has a limited presence in the given zone, is an object of control and is officially controlled;

(11) plant pest — any type of diseases, vermin and weeds for plants, plant products;

(12) plant quarantine zone — zone where quarantine pests exist, and for the purpose of preventing and eliminating the further spread thereof quarantine control has been set and phytosanitary measures are taken;

(13) regulated non-quarantine pest of plants — pest the presence whereof causes economic damage to the intended use of plants and is controlled by the importing country;

(14) plant pest control — mandatory application of phytosanitary rules for the purpose of suppressing the fertility, isolation and/or destruction of quarantine pests, as well as for the purpose of managing regulated non-quarantine pests;

(15) regulated item (quarantine object) — any plant, plant product, reserve territory, packing material, vehicle, container, soil and any other object or material that may contain or spread plant pests, and in relation whereto it is necessary to apply phytosanitary measures;

(16) phytosanitary expert examination — laboratory examination of plants, plant products and other regulated items in order to determine the presence or absence of pests;

(17) phytosanitary record-registration — collection, classification, storage, update and use of data on natural and legal persons carrying out activities in the field of phytosanitary;

(18) certificate of phytosanitary record-registration — document issued to natural and legal persons as a result of phytosanitary record-registration;

(19) phytosanitary measure — official process aimed at limiting the economic damage expected from penetration and/or spread of a quarantine pest or a regulated non-quarantine pest;

(20) phytosanitary passport — document accompanying plants, plant products, regulated items produced in the Republic of Armenia, which certifies that they have been inspected and аre free from quarantine pest;

(21) batch — certain quantity of goods subject to phytosanitary control, of the same significance, produced (manufactured) by the same producer according to the same principle of operation, with the same composition and complying with the same established requirements characterising safety, which is accompanied by a shipping document;

(22) phytosanitary study — official measure carried out within the prescribed period in order to determine the characteristics of pest fertility or pest composition in the given zone;

(23) goods subject to phytosanitary control — plants, plant product, regulated item;

(24) agrochemicals — fertilisers, chemical reclamators intended for plant nutrition, improvement of soil fertility;

(25) pesticide — means of plant protection, any material or mixture of materials, which is intended for the prevention, destruction of or fight against certain pests (including human and animal disease carriers, pests interfering with and hindering the processes of production, processing, transportation, sale of food, agricultural products, timber, animal feed), unwanted species of plants and fungi. Pesticides include insecticides, means of rodent control (rodenticides), fungicides, substances intended for weed control (herbicides), plant growth regulators, pheromones, defoliants, desiccants and fumigants;

(26) seed material (planting material) — plant or a separate part thereof used for the reproduction of a variety;

(27) means of plant protection — chemical, biological means applied for the prevention of plant pests, their control and elimination.

2. The policy of the Government in the field of phytosanitary shall be developed by relevant ministry.

(Article 3 supplemented by HO-240-N of 17 December 2014, edited, supplemented by HO-287-N of 23 March 2018)

Objectives of phytosanitary shall be the following:

(1) identification of plant quarantine and regulated non-quarantine pests in the territory of the Republic of Armenia and supervision over the organization of the destruction thereof;

(2) prevention of penetration into and spread of plant quarantine pests in the territory of the Republic of Armenia — implementation of measures for the purpose of sampling for phytosanitary examination, expert examination of plants, plant products and regulated items and protection of plants;

(3) observance of phytosanitary rules and norms during the import, export, re-export and transit of plants, plant products and regulated items;

(4) observance of phytosanitary rules and norms during the production and processing of plants, plant products and regulated items, as well as in the points of sale operating within the territory of the Republic of Armenia and supervision over the observance thereof;

(5) implementation of measures for the purpose of timely forecasting, diagnosis and prevention of mass reproduction and spread of plant pests;

(6) ensuring the improvement of the phytosanitary condition of agricultural, ornamental crops, forests, the exclusion of harm threatening the environment, flora and fauna.

(title amended by HO-287-N of 23 March 2018)

1. The powers of the Government in the field of phytosanitary shall be the following:

(1) approving targeted programmes implemented in the field;

(2) approving state programmes for international co-operation in phytosanitary;

(3) establishing the procedure for state registration, re-registration and removal from registration of pesticides and agrochemicals;

(4) establishing the composition of the Commission for registration of pesticides and agrochemicals and procedure for the activities thereof;

(5) establishing the procedure for carrying out expert examination of pesticides and agrochemicals and the forms of opinion regarding the import and export of pesticides and agrochemicals;

(6) establishing plant quarantine and cancelling the quarantine;

(7) establishing the requirements for the production and circulation of pesticides and agrochemicals;

(8) establishing the requirements for packaging of pesticides and agrochemicals;

(8.1) establishing the procedure for taking a test specimen for phytosanitary expert examination;

(9) adopting other legal acts deriving from this Law.

(Article 5 amended by HO-240-N of 17 December 2014, supplemented by HO-310-N of 7 July 2022)

1. The authorised body shall approve:

(1) the form of phytosanitary passport and the procedure for the issuance thereof;

(2) the procedure for phytosanitary record-registration, repeated record-registration, suspension of record-registration, the forms of record-registration application, record-registration certificate and register.

2. The authorised body shall — in the cases prescribed by the legislation of the Republic of Armenia — exercise other powers as well.

(Article 5.1 supplemented by HO-310-N of 7 July 2022)

(Law HO-310-N of 7 July 2022contains a transitional provision)

1. Pesticides and agrochemicals imported into the Republic of Armenia, produced and circulated in the Republic of Armenia shall be subject to mandatory state registration.

2. The state registration of pesticides and agrochemicals shall be conducted by the authorised body, based on the opinion of the commission for registration of pesticides and agrochemicals (hereinafter referred to as “the Commission”).

3. State registration of pesticides and agrochemicals produced in the Republic of Armenia shall be conducted, where:

(1) they have been tested in different natural and climatic zones of the Republic for two consecutive years;

(2) there is a positive opinion of the Commission with regard thereto .

4. The state registration of pesticides and agrochemicals produced and tested, as well as used in foreign states shall be conducted in the Republic of Armenia, where there is a positive opinion of the Commission with regard thereto.

5. The following documents shall be required in order to give an opinion on registration of pesticides and agrochemicals:

(1) for pesticides and agrochemicals produced and tested in the Republic of Armenia and foreign states:

a. trade name of pesticides or agrochemicals, active material or materials, synergetic and auxiliary materials, the percentage ratio of each material, preparative form, production company;

b. consumption rate, term, method and features of the use of pesticides, number of treatments or nutrition, waiting period, application restrictions, application safety requirements, processed object, pest;

c. waiting period of agrochemicals, application restrictions, application safety requirements;

d. hygienic norms for pesticides or agrochemicals (marginal permissible daily dose in the human body, marginal permissible amount in the soil (only with regard to pesticides), marginal permissible amount in reservoir waters, marginal permissible amount in the air of the working zone, permissible amount in atmospheric air and maximum permissible level in food products);

e. methodologies for the chemical expert examination of pesticides or agrochemicals, for determining residual amounts, the crystalline prototype (standard) of the active material of pesticides;

f. toxicity for non-targeted types (fish, birds, bees, soil microorganisms, etc.);

g. impact on reproductivity;

h. mutagenic, allergenic, cancerogenic and skin irritating, teratogenic, gonadotoxic, embryotoxic properties;

i. in compliance with the requirements of Article 8 of this Law — document (report) certifying the toxicological-hygienic assessment of the pesticide and/or agrochemical;

j. in compliance with the requirements of Article 9 of this Law — description of the label of the pesticide and/or agrochemical;

(2) for the registration of pesticides and agrochemicals produced and tested in the Republic of Armenia, the following shall also be required:

a. statement on the results of their two-year field and laboratory tests in different soil and climatic conditions of the Republic of Armenia;

b. professional positive opinions of the authorised body in healthcare, environment, agriculture, science and education;

(3) for the state registration of pesticides and agrochemicals produced and tested and used in foreign countries, the registering country, the registration year and number, as well as inclusion in the current nomenclature shall also be required.

6. The documents required under point 1 of part 5 of this Article must be provided by the producer or his or her official representative or distributor.

7. The forms of the opinion of the Commission and the submitted documents shall be approved by the authorised body.

8. The testing of pesticides and agrochemicals produced in the Republic of Armenia shall be carried out at the expense of the natural or legal persons submitting them for registration.

9. The authorised body shall, within a period of three days following the receipt of the opinion of the Commission, take a decision on registering the given pesticides or agrochemicals and including them in the nomenclature of pesticides and agrochemicals permitted for use in the Republic of Armenia or rejecting the registration, and shall inform the applicant about it.

10. Data provided by natural or legal persons submitting the pesticides for registration shall be protected and shall not be subject to publication, where upon submitting the document package, the applicant requests to certify the data on the results of experiments and researches on the active material, antidote or synergetic, auxiliary materials and pesticides with regard to the fact that no time limit for the protection of data on the results of experiments and research has ever been prescribed, or no time limit prescribed has expired.

11. Pesticides and agrochemicals shall be registered for a term of five years, and a registration certificate shall be issued to the natural or legal persons submitting for registration.

12. Pesticides and agrochemicals shall be subject to re-registration, where:

(1) the time limit for registration has expired, and an application for re-registration has been submitted;

(2) before the expiry of the time limit for registration, there has been a change in the active or synergetic, auxiliary materials of pesticides or agrochemicals or in their percentage ratios.

13. Re-registration shall be conducted in accordance with the registration provisions prescribed by this Article.

14. Pesticides and agrochemicals shall be removed from registration where the time limit for registration has expired, or the the person having received the registration certificate has submitted an application for removal from registration, or any of the active, synergetic or auxiliary materials has been included in the list of chemical materials and pesticides prohibited in the Republic of Armenia.

(Article 6 edited by HO-240-N of 17 December 2014, amended by HO-125-N of 4 March 2020)

1. Pesticides and agrochemicals must comply with the requirements prescribed by the legislation of the Republic of Armenia in the stages of import and circulation.

2. It shall be prohibited to import, produce, sell and use pesticides and agrochemicals not registered in the Republic of Armenia.

3. It shall be prohibited to import into the Republic of Armenia pesticides and agrochemicals with expiration date less than one-third of the expiration date set by the producer.

1. Pesticides and agrochemicals shall be subject to mandatory toxicological-hygienic assessment, which shall be conducted by organisations with the necessary scientific and material support and relevant qualified specialists, having such powers as prescribed by the legislation of the Republic of Armenia.

2. The Procedure for conducting toxicological-hygienic assessment of pesticides and agrochemicals shall be established by the authorised body of the healthcare sector of the Republic of Armenia.

3. Where the procedures for the conducted testing, instructions and recommendations on the use of pesticides and agrochemicals by types of agricultural crops, preparation consumption rates and application technologies in the process of registration of pesticides and agrochemicals in the Republic of Armenia coincide, the results of tests conducted in other countries may be accepted. The list of countries shall be approved by the Government.

4. The principles of toxicological-hygienic assessment shall be the following:

(1) scientific justification of toxicological-hygienic assessment conclusions;

(2) independence of assessing experts when exercising the powers thereof;

(3) full implementation of the assessment;

(4) ensuring confidentiality of the materials examined.

5. As a result of toxicological-hygienic assessment of a pesticide and/or agrochemical, a document justifying the safety of the pesticide and/or agrochemical shall be drawn up.

6. In the absence of the method set for the examination of the active material of the pesticide intended for circulation of any plant product, the mentioned plant product shall not be included in the list of crops in which the given preparation might be used.

(Article 8 amended by HO-287-N of 23 March 2018)

1. Marking in Armenian on the pre-packaged pesticides and agrochemicals being circulated in the Republic of Armenia shall be mandatory.

2. The marking shall be placed directly on the container and/or the label attached to the packaging material ensuring the safety of the container.

3. The marking of pesticides and agrochemicals shall include:

(1) name and significance of the pesticide or agrochemical;

(2) name, content of the active material;

(3) name and location of the producer (country, registered office);

(4) preparative form;

(5) volume and/or net weight of the container;

(6) safety information;

(7) manipulation signs;

(8) application information (cultivated crops or object, consumption rates, maximum number, periodicity of treatments, pest, "waiting periods");

(9) number of registration certificate;

(10) production date (month, year);

(11) storage conditions;

(12) expiration date;

(13) identification code (bar);

(14) application restrictions (compatibility with other pesticides and agrochemicals, plant toxicity (phytotoxicity);

(15) safety rules when working, transporting and storing;

(16) ways of decontamination of spilled pesticides and agrochemicals;

(17) ways of decontamination and/or destruction of empty containers;

(18) clinical picture of acute poisoning (if data are available), advice to the doctor, including the name of the antidote (if available);

(19) first aid in case of poisoning.

4. The marking of railway tanks and road tanks shall be placed in accordance with the rules of carriage of goods by rail and road transport.

5. Information on the packaging, consumer container, label, additional label or insert of pesticides and agrochemicals must be legible, comprehensive and reliable.

6. The marking must be resistant to the impact of chemicals, climatic factors, and remain intact during the warranty period of the pesticide and agrochemical.

1. Natural and legal persons engaged in cultivation of agricultural soil shall be obliged to carry out:

(1) complex measures of basic, pre-sowing, post-sowing and inter-row soil cultivation;

(2) complex measures to prevent soil erosion;

(3) complex measures to prevent secondary soil salinisation and swamping;

(4) maintenance of the permissible level of deep soil waters, as well as the prevention of overwetting during crop irrigation;

(5) complex measures for preserving the useful characteristics of the soil;

(6) measures for protecting the soil from pollution with harmful residuals from pesticides, agrochemicals and biopharmaceuticals;

(7) complex measures for filling the lack of the main land nutrition elements (nitrogen, phosphorus, potassium);

(8) ensuring the phytosanitary security while conducting complex fertilisation measures.

2. The following shall be prohibited:

(1) import, sale and use of pesticides and agrochemicals not included in the list of pesticides and agrochemicals permitted for the use in the Republic of Armenia, as well as those included in the list but expired and of poor quality;

(2) storage of pesticides and agrochemicals in warehouses and buildings not complying with phytosanitary norms;

(3) joint storage of pesticides and agrochemicals and food in warehouses, their simultaneous transportation by vehicles;

(4) sale of crop products exceeding the maximum residual amount of pesticides and agrochemicals;

(5) exceeding the permissible amounts for the use of pesticides and agrochemicals.

1. Natural and legal persons engaged in the cultivation of agricultural soil shall be obliged to ensure:

(1) selection of soil location for the production of seed materials and planting materials;

(2) shift of crops;

(3) availability of seed and planting material variety (variety, hybrid, reproduction) class and quality certificate;

(4) pre-sowing cultivation of seed material and planting material: filtering, sorting, disinfection;

(5) carrying out special measures for the evaluation (approbation) of seed fields and nurseries — field researches, measures for determining the species and varietal purity and homogeneity of seed fields and nurseries, contamination with pests;

(6) carrying out complex measures for the import, transportation, storage, sale and use of seed material and planting material.

2. Sale and use of seed material and planting material of unknown origin shall be prohibited.

1. In the field of phytosanitary, natural and legal persons shall be obliged to ensure:

(1) carrying out complex measures for control of quarantine and regulated non-quarantine pests of agricultural plots, seeds and plantations;

(2) not exceeding the maximum permissible residual amount of pesticides and agrochemicals in soil and plant products;

(3) phytosanitary examination, inspection and expert examination of plants, plant products and other regulated items subject to phytosanitary supervision.

2. The following shall be prohibited:

(1) use of pesticides and agrochemicals that have not undergone state registration in the Republic of Armenia, are withdrawn from use, expired, low-quality and prohibited, dangerous for the health of the population and the environment;

(2) involvement of persons under the age of 18, who have not passed mandatory initial and periodic medical examination, as well as pregnant women and women taking care of a child under one year old, in the work with pesticides;

(3) use of disinfected seeds as food, fodder;

(4) export of plants, plant products and regulated items subject to phytosanitary supervision from quarantined territories without a phytosanitary passport.

3. In order to determine the need for the regulation of plant pests, to implement, where necessary, measures to control them, the authorised body shall carry out a phytosanitary study.

1. In the field of phytosanitary, natural and legal persons producing, selling, transporting, importing, exporting, processing, storing plants, plant products, regulated items, pesticides and agrochemicals shall be record-registered by the authorised body through registering in the electronic record-registration system and issuing a phytosanitary record-registration certificate.

2. Each producer, the products whereof are intended for sale, shall be record-registered by the authorised body, the data whereof shall be registered in the official register, and shall be given a non-repeating record-registration number.

3. The provisions prescribed by this Article shall not apply to small quantities of plants, plant products and other regulated items intended for non-industrial and non-commercial consumption by the owner or recipient of the latter or for consumption during transportation, unless there is a risk of spread of pests.

4. (part repealed by HO-310-N of 7 July 2022)

(Article 13 amended by HO-310-N of 7 July 2022)

1. Phytosanitary passport shall be issued only for plants, plant products and other regulated items owned by natural and legal persons as a result of phytosanitary examination or expert examination and in case of satisfying phytosanitary rules and norms.

2. Plants, plant products and other regulated items subject to phytosanitary control shall be prohibited from being imported into or transported through a pest-free zone, except for the cases when there is a phytosanitary passport for that zone.

1. The authorised body shall notify the International Plant Protection Organisation and the European Plant Protection Organisation in writing where it has detected a pest, the entry whereof into the territory of the Republic of Armenia is prohibited.

2. The notification shall also indicate the measures taken or envisaged.

3. The authorised body shall take measures for eliminating pests, and in case of impossibility, for preventing the spread thereof.

4. In the case prescribed by part 1 of this Article, the authorised body shall perform risk analysis of the detected pest for the given area, in order to find out the need to continue, stop or change the measures taken.

1. Based on the opinion of the phytosanitary monitoring and laboratory expert examination carried out for the purpose of detection, isolation, elimination and prevention of the spread of plant quarantine pests in the territory of the Republic of Armenia, in case of detection of contamination with a quarantine pest in the quarantine pest-free zone:

(1) by the decision of the authorised body, a temporary working group shall be created, which shall include representatives of the authorised body, state administration and local self-government bodies, and scientific organisations in the field of phytosanitary;

(2) the temporary working group shall submit recommendations to the authorised body regarding the measures being implemented in the quarantine zone;

(3) the authorised body shall confirm the name of the detected pest, the borders of their spread (areas), the assessment of possible damage, the borders of quarantine and adjacent areas, the list of proposed measures, as well as shall submit to the Government a proposal on setting quarantine, at the same time submitting the documents provided for by this point;

(4) the quarantine of plants shall be set in the territory of the Republic, marz, community, settlements or in the territory owned by natural and legal persons or in a part thereof;

(5) for the purpose of preventing the spread of quarantine pests in the territory of the Republic of Armenia, the authorised body shall exercise supervision over the destruction of quarantine pests and the conduct of phytosanitary measures for the disinfection of regulated items in the quarantine zone.

2. The removal of plants and plant products, seeds and planting materials from the set plant quarantine zones shall be carried out where there is a phytosanitary passport issued by the authorised body. The products removed without a phytosanitary passport shall be subject to disinfection and, where necessary, to destruction.

3. The establishment of a nursery in areas adjacent to perennial plantations infected with quarantine pests and the procurement and use of rootstocks and grafts from unexamined areas shall be prohibited.

4. Each economic entity engaged in the production of planting materials must have a quarantine control log for registering the results of quarantine studies of grown and sold planting materials and the absence of quarantine pests, the information on phytosanitary measures.

5. Natural and legal persons engaged in the production, procurement, transportation, storage and/or sale of plants, plant products, seed materials and planting materials subject to phytosanitary control in the quarantined zone shall organise and carry out measures for control of the quarantine pests under the direct control of the body exercising supervision.

6. Where the phytosanitary examination and/or expert examination in the quarantined zone revealed that a certain batch of plants, plant products and other regulated items produced, used or stored by the producer is healthy and does not pose a risk of spreading pests, the phytosanitary passport shall be completed only for the given batch.

(Article 16 amended by HO-287-N of 23 March 2018)

1. Compulsory disinfection (decontamination) or destruction of plants, plant products and other regulated items shall be carried out in the plant quarantine zone.

The export of plants, plant products and other regulated items, as well as the exit and entry of vehicles related thereto, shall be restricted or prohibited in the plant quarantine zone.

2. The official having competence to exercise phytosanitary supervision shall be obliged to give assignments to natural and legal persons in the quarantine zone regarding the fulfilment of the requirements of this Law and exercise control over the fulfilment thereof.

3. The quarantine of plants shall be cancelled upon the recommendation of the authorised body, in case of implementation of appropriate measures and destruction of foci of the pest, as well as in other cases defined by the Government.

4. The information on setting quarantine of plants and cancelling the quarantine shall be provided by mass media.

(Article 17 amended by HO-287-N of 23 March 2018)

1. Based on the opinion provided by the official competent for carrying out phytosanitary supervision as a result of the phytosanitary expert examination in order to prevent the entry, the spread of plant quarantine pests and eliminate the foci of infection, the infected or disease suspect-causing plants, plant products and other regulated items shall be decontaminated or destructed in accordance with the phytosanitary rules, under the control of the official competent for carrying out phytosanitary supervision.

2. The necessity, place and method of decontamination of plants, plant products and other regulated items shall be decided by the official of the authorised phytosanitary body.

3. The expenses related to the decontamination and destruction of plants, plant products and other regulated items shall be incurred as prescribed by the legislation of the Republic of Armenia.

1. Natural and legal persons breaking this Law shall bear liability as prescribed by this Law.

CHAPTER 8

FINAL PROVISIONS

Article 20.

Entry into force of the Law

1. This Law shall enter into force on the tenth day following the day of its official promulgation.

2. The restrictions on agrochemicals prescribed by part 2 of Article 7 of this Law shall enter into force from 1 January 2015.

3. Prior to the entry into force of this Law, the pesticides registered for an indefinite period of time as prescribed by the legislation of the Republic of Armenia and included in the list of chemical and biological means of plant protection permitted for the use in the Republic of Armenia shall be deemed to be registered for a period of 5 years from the date of entry into force of this Law.

4. To repeal Law of the Republic of Armenia No HO-209-N of 16 December 2006 “On phytosanitary” upon the entry into force of this Law.

5. The legal acts adopted pursuant to Law of the Republic of Armenia No HO-209-N of 16 December 2006 "On phytosanitary" shall be effective in so far as they do not contradict the requirements of this Law.

(Article 20 amended by HO-240-N of 17 December 2014)

President of the Republic of Armenia	S. Sargsyan
22 July 2014 Yerevan HO-140-N

Published on a joint site 06.06.24