Costa Rica Imposes Plant Health Measures on Gandul Seeds from Kenya

Costa Rica has implemented fitosanitary requirements for the importation of gandul seeds originating in Kenya, targeting original planting purposes, as part of its plant health protection framework.

Compliance Requirements for Importing Gandul (Cajanus cajan) Seeds for Planting from Kenya into Costa Rica

Costa Rica has established specific phytosanitary requirements for the importation of gandul (Cajanus cajan) seeds for planting originating from Kenya. These measures are mandated under Resolution No. 026-2026-CV-ARP-SFE and align with Costa Rica’s broader plant health protection framework. Below is a structured breakdown of the legal basis and operational requirements.

1. Legal and Regulatory Framework

Costa Rica’s phytosanitary regulations are grounded in multiple legal instruments, all of which authorize the Servicio Fitosanitario del Estado (SFE) to impose import restrictions to prevent the introduction of plant pests and diseases. Key legal sources include:

1.1 International Obligations

• International Plant Protection Convention (IPPC) (ratified by Law No. 1970):
  • Article I requires contracting parties to adopt legislative, technical, and administrative measures to prevent the introduction and spread of plant pests and diseases¹.
  • Article VI grants Costa Rica the authority to regulate the importation of plants and plant products, including imposing restrictions or requirements¹.

• WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) (incorporated via Law No. 7475-D):
  • Article 2 permits Costa Rica to adopt phytosanitary measures necessary to protect plant health, provided they are not more trade-restrictive than required and are based on scientific evidence¹.

1.2 Domestic Legislation

• Constitution of Costa Rica (Article 50):
  • Establishes the state’s obligation to protect public health and agro-food security, including the right to a healthy environment¹.
• Phytosanitary Protection Law (Law No. 7664):
  • Declares phytosanitary measures of public interest and mandates the SFE to prevent the introduction and spread of pests threatening agricultural production and food security¹.
  • Article 2 specifies the law’s objectives, including protecting plants from pests and preventing their introduction¹.
  • Article 5 assigns the SFE the responsibility to oversee plant health protection¹.
• Decree No. 26647-MEIC-MAG (Article 5.9):
  • Prohibits the importation of regulated plants, biological control agents, or agricultural organisms without prior phytosanitary import requirements issued by the SFE¹.
• Decree No. 36801-MAG (Article 35):
  • Designates the Unidad de Análisis de Riesgo de Plagas (Pest Risk Analysis Unit) within the SFE as the authority responsible for establishing phytosanitary import requirements¹.

2. Specific Phytosanitary Requirements for Gandul Seeds from Kenya

The Resolution No. 026-2026-CV-ARP-SFE outlines the following mandatory requirements for importing gandul seeds for planting from Kenya:

2.1 Phytosanitary Certificate

• The shipment must be accompanied by an official Phytosanitary Certificate issued by Kenya’s National Plant Protection Organization (NPPO)¹.
• The certificate must include:
  • Additional Declarations: A statement confirming the seeds are free from Callosobruchus analis (a beetle pest) and Gibberella indica (a fungal pathogen)¹.
  • Treatment Section: Evidence that the seeds were treated with:
  • A fungicide (to control fungal pathogens).
  • An insecticide (to protect seeds from pests)¹.

2.2 Import Permit

• Importers must obtain a prior import permit (Formulario de Requisitos Fitosanitarios) from the SFE before shipment¹.

2.3 Inspection and Sampling upon Arrival

• All consignments are subject to phytosanitary inspection and sampling by the SFE upon arrival in Costa Rica¹.

2.4 Entry into Force and Notification

• The resolution entered into force upon signing (2026)¹.
• The requirements were notified to the World Trade Organization (WTO) and relevant SFE departments to ensure compliance¹.

3. Regulatory Analysis Table

4. Summary Answer

Costa Rica regulates the importation of gandul (Cajanus cajan) seeds for planting from Kenya under Resolution No. 026-2026-CV-ARP-SFE, which mandates:

1. An official Phytosanitary Certificate from Kenya declaring freedom from Callosobruchus analis and Gibberella indica and confirming fungicide/insecticide treatment¹.
2. A prior import permit issued by the SFE¹.
3. Inspection and sampling of shipments upon arrival¹.

These measures are grounded in Law No. 7664 (Phytosanitary Protection Law), Decree No. 26647-MEIC-MAG, and Costa Rica’s obligations under the IPPC and WTO SPS Agreement¹. The Unidad de Análisis de Riesgo de Plagas of the SFE is the competent authority for enforcing these requirements¹.

Sources

1. ↩ WTO SPS notification 26-03172 — Costa Rica https://members.wto.org/crnattachments/2026/SPS/CRI/26_03172_00_s.pdf
2. WTO SPS notification 26-02055 — Costa Rica https://members.wto.org/crnattachments/2026/SPS/CRI/26_02055_00_s.pdf