T.C.
GIDA, TARIM ve HAYVANCILIK BAKANLIĞI
Gıda ve Kontrol Genel Müdürlüğü
Regulation On Those Who Want To Conduct Plant Protection Works In Return For Payment
Referance Law 6968, 3046, 7472
National Press
FIRST CHAPTER
Objective, Scope, Basis and Definitions
Objective
Article 1 – The objective of this Regulation is to determine the procedures and principles pertaining to plant protection activities against diseases, pests and all kinds of factors, which might cause crop loss in sites of agricultural production or storage.
Scope
Article 2 - This regulation covers provisions relating to qualifications required from those people who practice these plant protection activities for fee in sites of production or storage owned by organizations, institutions or real or legal persons, rules to be followed by those people, their relations with local offices of the Ministry of Agriculture and Rural Affairs, their application for the job, permits, duties and responsibilities.
Basis
Article 3 - This regulation is prepared and put into force in accordance with Article 5 of the Bylaw related to Duties and Authority of Agricultural Engineers, which was put into force according to Article 32 of the plant protection and Agricultural Quarantine Law No. 6968, Article 37 of the Law No. 3046 on Foundation and Duties of Ministries and Article 6 of the Law No. 7472 on Agricultural Engineering.
Definitions
Article 4 – Definitions of the terms included in this regulation are follows:
Ministry: Ministry of Agriculture and Rural Affairs,
Provincial or Subprovincial Agricultural Directorate: The Directorates representing the Ministry in Provinces and Subprovinces,
Plant protection: All kinds of protecting or treating activities against all kinds of factors such as diseases, pests, parasites and weeds as well as their all biological phases, harmful to plants, plant materials, seeds, seedlings, saplings, cuttings, scions, grafting slits, tubers, roots, bulbs and all other vegetative organs,
Governmental Contributory Plant protection: Control activities of the Ministry to help farmers lacking sufficient chemicals, equipment or knowledge,
Plant Protection Equipment: All kinds of tools, machines and equipment, including planes and helicopters, with or without a motor, movable or immovable, drawn or hanging, used in plant protection,
Pesticide: All kinds of chemicals, substances and preparations used in plant protection and various substances used in their production as well as useful insects used in control,
Independent Agricultural Engineer: Agricultural engineers or their equivalents who deal with these activities or appointed to do by the Agricultural Province Directorate for Government Contributory Plant Protection by the Government or engaged in epidemic control for a fee,
Plant Protection Material: All kinds of material, which are used in preparation, operation or spraying of control chemicals or tools, or for protecting control workers’ health and which are owned by the agricultural engineer who is going to do the plant protection work,
Fumigation: Destroying harmful organisms present in storages or production sites or on crops by using fumigants.
SECOND CHAPTER
Authority, Application, Required Qualifications and Permits
Authority and Duty
Article 5 – All kinds of protecting or treating activities done for a fee are executed by agricultural engineers or legal persons employing at least one agricultural engineer charged with responsibility in lands where plants are grown and in sites where plants are stored, processed or kept.
Independent agricultural engineers may be employed, where and when considered necessary by the Ministry, .in controlling diseases or harmful organisms of which authorities must be notified, in Government Contributory Plant Protection or in controlling epidemics.
Application
Article 6 - Agricultural engineers or legal persons employing agricultural engineers who are going to do the plant protection work for a fee ask for a permit by applying to the Provincial or Subprovincial Agricultural Directorates in writing.
Besides application form, the following documents and data are submitted to the Directorate:
a) A diploma in agricultural engineering or its equivalent or a copy of one of these,
b) A copy of trade register,
c) The kind and amount of plant protection machinery and materials that he has,
d) The area and kind of the work he is possibly going to work in,
e) Full address of the place of work,
f) 2 photos.
Examining the Documents and Issuing Permit
Article 7 – The documents and written information attached to the application form are examined by the relevant department of the Provincial Agricultural Directorate concerned with plant protection and answered, positively or negatively, within one month. Examination of the documents and information is done by considering properties and needs of the region, spreading area and intensity of the disease or pests as well as sufficiency of means owned by him for this control task. If the application is approved, an “Independent Agricultural Engineer’s Certificate in Plant protection” is issued. This certificate is re-certified yearly or cancelled, if required.
Rules to Be Followed
Article 8 – Independent agricultural engineers who will do plant protection financed by producers for a fee are obliged to follow the following rules:
a) Pesticides approved by the Ministry must be used in plant protection.
b) Plant Protection Technical Instructions prepared by the Ministry must be followed for type, dose and preparation of chemicals, and time of application.
c) Machinery approved by the Ministry will be used in plant protection.
d) The workers employed in plant protection will be provided with protective material of proper kind and sufficient amount.
e) In plant protection, the fee to be paid per tree, decar, cubic meter or kilogram cannot be higher than the fee collectively determined by the Ministry and Chamber of Agricultural Engineers.
f) All required measures must be taken during and after plant protection work not to do any harm to environment, humans and other warm-blooded animals.
g) During inspections by the Provincial or Subprovincial Agricultural Directorates, independent agricultural engineers must submit to the authorities all information and documents pertaining to the application of pesticide.
h) Independent agricultural engineers are obliged to participate in short term courses held by the Provincial Agricultural Directorates every three years in order to up-date their knowledge and to have their certificates re-certified.
i) The producer must be informed of the minimum time required between plant protection and harvest of crops in writing against signature.
THIRD CHAPTER
Epidemic, Government Contributory Plant Protection Activities and Responsibilities
Controlling Epidemics
Article 9 - Independent agricultural engineers working in the area might be engaged by the Provincial Agricultural Directorate as determined by the Ministry to work in controlling the epidemics or all kinds of harmful organisms which may affect the Country’s agriculture and economy negatively, provided their fees are paid by the people concerned.
Government Contributory Plant Protection
Article 10 -Provided their fees are paid by the people concerned, independent agricultural engineers working in the area might be engaged by the Provincial Agricultural Directorate to work in inspection or application of Government Contributory Plant Protection decided to be made with support of the Ministry, if cannot be accomplished by the farmers themselves.
Fee and Payment
Article 11 - In Epidemic or in Government Contributory Plant Protection, the fee to be paid to the independent agricultural engineers engaged in application or controlling work is determined by the Ministry and Chamber of Agricultural Engineers collectively by considering objective of the controlling and properties of the region. Payment is made according to the principles defined by the engaged agricultural engineer and the producer or his legal representative in compliance with general principles.
Responsibilities and Inspection
Article 12 - Independent agricultural engineers engaged in Epidemic or in Government Contributory Plant Protection are obliged to have pesticides, machinery and materials in amounts and to employ workers in numbers sufficient to finish the job at scheduled time, and are responsible to the producer and the Ministry for the application failures in control work.
Concerning plant protection programmed by the Provincial Agricultural Directorate; date, site and area of application, name, dose and application volume of the pesticide used, type and operation technique of the device used, weather conditions during application, measures taken for humans and the environment before, during and after application and relating other information and documents are reported to the Provincial or Subprovincial Agricultural Directorate in writing within three days following the end of application. Such information and documents are examined by the section of plant protection of Provincial Agricultural Directorate. If there is anything contrary plant protection technical instructions, the independent agricultural engineer is cautioned about it and if not, the documents are stored in archive.
FOURTH CHAPTER
Inspection, Disputes and Final Provisions
Inspection
Article 13 - Independent agricultural engineers, engaged whether in plant protection financed by producers or in Epidemic or Government Contributory Plant Protection, are subject to inspection and supervision of the Provincial or Subprovincial Agricultural Directorates both on land and work-site and are obliged to submit all kinds of documents and information to the authorised personnel.
Independent agricultural engineer is cautioned in writing about faults observed in inspections or surveillance and in case the fault is repeated, the issued certificate is cancelled by the Provincial Agricultural Directorate.
Disputes
Article 14 – Any disputes between the producer and independent agricultural engineer on the success of plant protection work done, are settled by the Provincial Agricultural Directorate, and a dispute between the Provincial Agricultural Directorate and independent agricultural engineer is resolved by the Ministry. In case no settlement is reached, the parties may appeal to the authorised court in compliance with general rules.
Abdished Provisions and Acquired Rights
Article 15 – The Regulation on Those Who Want to Do Plant Protection work as a Customary Craft for a Fee is abdished, but rights of those who were issued with a permit by the Ministry according to provisions of that Regulation are reserved.
Abolished Rules and Acquired of Rights
Article 16 – This regulation enters into force on the date of its publication in the Official Gazette.
Execution
Article 17 – This regulation is executed by The Minister of Agriculture and Rural Affairs.
Appendix-1
REPUBLIC OF TURKEY
MINISTRY OF AGRICULTURE AND RURAL AFFAIRS
PLANT PROTECTION INDEPENDENT AGRICULTURAL ENGINEER
CERTIFICATE
| CERTIFICATE HOLDER’S First Name(s) and Surname Place and Date of Birth Graduated From Date and Number of Diploma Certificate Is Issued at Date and Number of Certificate Date and Number of Trade Register PLACE OF WORK’S Province Subprovince Village Address and Phone No. |
: : : : : : :
: : : : |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , who accepts to follow the contract on reverse page of this certificate and whose name and address are written above, is issued with Plant Protection Independent Agricultural Engineer Certificate.
GOVERNOR
Appendix-2
CONTRACT
I undertake that in case I am engaged by the Provincial Agricultural Directorate for plant protection in fields, orchards, vineyards, storages, storehouses or all types of sites of protection or keeping of producers or relating people, I will follow the Directives, Technical Instructions published by the Ministry and imposed principles and procedures, activities comply with the doses and application times of the recommended pesticides using the recommended techniques, and I will accept the responsibility for negative conditions which may be caused by
wrong applications.
Name and Address Signature - Date