When an APHA Statutory Plant Health Notice (SPHN) is issued for suspected or confirmed non-compliance at a Border Control Post (BCP), Control Point (CP), or Inspection Centre (IC), the Notice is served on the importer.
The importer is the individual or business legally responsible for the consignment and is identified as the responsible person / business on the IPAFFS application. The importer is therefore accountable for ensuring that the goods meet all plant health import requirements. Where non-compliance is identified, it is the importer’s responsibility to take the necessary corrective actions set out in the Notice to bring the goods back into compliance.
The Import Notice is served on the Importer. APHA Plant Health will use this information in the Notice. As part of their designation role, BCPs, CPs and ICs still play an important part in supporting the implementation of the Notice and they will be sent a copy of the Notice. This may include holding consignments on site at these locations, preventing their movement, and overseeing required actions such as destruction where necessary.
FAQs
Q1 – I received an APHA Statutory Plant Health Notice. What do I need to do?
You must read the Notice carefully and follow all of the instructions it contains. The Notice will explain what action is required to address the non-compliance. Depending on the circumstances, actions may include re-export, destruction, or other measures. You are responsible for ensuring that the required action is completed within the time frame specified in the Notice.
More information on Statutory Plant Health Notices and their requirements can be found on the “general notes” page on the back of the Notice.
Q2 – Who do I contact about the APHA Statutory Plant Health Notice?
You should contact the Inspector that issued the Notice. Their contact details are provided on the Notice.
Q3 – What happens if I do not comply with the APHA Statutory Plant Health Notice?
Failure to comply with a Statutory Plant Health Notice is an offence. If you do not take the required action within the specified time frame, further action may be taken.
Q4 – Can I appeal the APHA Statutory Plant Health Notice?
There is no formal right of appeal against a Statutory Plant Health Notice. You must comply with the Notice as issued. If you believe the Notice has been issued incorrectly or have additional information, you should contact the issuing inspector as soon as possible to discuss this.
More Information
Further guidance relating to other BCPs / CPs, including frequently asked questions, is available here: