2‑1 Plants and plant products that are p2‑1 Plants and plant products that are prescribed goods

2‑1 Plants and plant products that are prescribed goods

(1) For the purposes of subsection 28(1) of the Act, the following goods (other than narcotic goods within the meaning of the Customs Act 1901 or plant‑based oils) are prescribed for the purposes of the Act: (a) prescribed grain; (b) hay and straw; (c) fresh fruit; (d) fresh vegetables.

Note 1: Plants and plant products covered by this subsection are taken not to be prescribed goods for the purposes of the Act in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).

Note 2: Examples of plant‑based oils include olive oil and canola oil.

Note 3: For prescribed grain, see section 1‑7 of this instrument.

(2) If: (a) plants or plant products (other than plants or plant products referred to in subsection (1) or plants or plant products that are narcotic goods within the meaning of the Customs Act 1901or plant‑based oils), are intended to be exported to a country (the importing country); and (b) a phytosanitary certificate, or a phytosanitary certificate for re‑export, in relation to the plants or plant products is required to meet an importing country requirement; then, for the purposes of subsection 28(1) of the Act, the plants or plant products that are intended to be exported to the importing country are prescribed for the purposes of the Act.

Note: Plants or plant products that are narcotic goods within the meaning of the Customs Act 1901 and plant‑based oils are non‑prescribed plants or plant products for the purposes of this instrument (see the definition of non‑prescribed plants or plant products in section 1‑6 of this instrument). The goods may be prescribed for the purposes of subsection 28(1) of the Act by other rules made under section 432 of the Act (for example, rules relating to organic goods or wood).