The Ministry of Agriculture (MINAG) in Cuba has released Resolution 164/2026, revising the existing guidelines for importing plants, plant components, products derived from plants, and other items that could impact the country's plant health.
Dated August 25, 2026, this regulation was published on Wednesday in the Official Gazette No. 75 Ordinary of 2026, spanning pages 155 to 158. It updates Resolution 27 from January 26, 2024, which initially established a systematic framework for these imports.
A significant amendment involves Article 3, which broadens the regulation's scope: "The provisions of this Regulation apply to natural and legal persons, both national and foreign, who intend to import the regulated items of interest for plant health, for both commercial and non-commercial purposes."
Distinction Between Commercial and Non-Commercial Imports
This differentiation between commercial and non-commercial imports is a major aspect of the new regulation. For non-commercial imports, Article 5 authorizes the acting officer of the Plant Health Directorate at entry points, known in customs terms as Control Customs, to approve or deny the entry of certain products, provided their phytosanitary state is acceptable and they originate from authorized sources.
Items that may be allowed at the border without prior processing include consumables like tea, linden, chamomile, and other dried medicinal herbs without roots, processed nuts, spices, polished rice, vegetable flours, chickpeas, lentils, peas, and beans, all in hermetically sealed packages.
Additionally, handcrafted items made from wood, bark, seeds, or other plant materials intended for decoration or personal use, as well as fresh fruits declared by travelers, are included, "as long as they don't come from origins posing a high risk of introducing regulated pests into the country."
Requirements for Commercial Imports
For commercial imports, the responsible officer must confirm that the shipment includes the necessary Phytosanitary Import Permit and, if applicable, an International Phytosanitary Certificate.
The regulation mandates applying for this permit from the Plant Health Directorate 60 days before shipment from the origin.
Regarding the permit's validity, the resolution specifies a general maximum duration of one year, reduced to six months for genetic material, fresh fruits, and vegetables.
Items arriving in Cuba without the required documentation are subject to confiscation, as outlined in Article 5.2.d of the resolution.
This regulation revises Articles 3, 5, 6, 7, 9, and 22, as well as Special Provision Two of Resolution 27/2024, and is explicitly justified "based on the approved economic and social transformations."
The legal foundation lies in Law 148 "On Food Sovereignty and Food and Nutritional Security," approved by the National Assembly on May 14, 2022, and in Agreement 9947 of the Council of Ministers on August 9, 2024, which reorganized the functions of MINAG and integrated the Plant Health Directorate with the General Directorate of Agriculture.
Resolution 164/2026 is part of a comprehensive set of agricultural regulations published in Gazette No. 75, which also includes Resolution 163/2026 concerning the export of regulated items of interest for plant health, thus completing the phytosanitary regulatory cycle for both imports and exports.
Frequently Asked Questions about Plant Import Regulations in Cuba
What is the purpose of Resolution 164/2026?
Resolution 164/2026 updates the regulations for importing plants and plant products to protect Cuba's plant health, broadening the scope to include both commercial and non-commercial imports.
How does the regulation differentiate between commercial and non-commercial imports?
The regulation distinguishes between the two by outlining different requirements and authorizations, with non-commercial imports potentially being approved at entry points without prior processing, provided they meet phytosanitary standards.
What items can be imported without prior authorization?
Consumables such as tea, dried medicinal herbs, processed nuts, spices, and fresh fruits declared by travelers can be imported without prior authorization, given they don't originate from high-risk areas.
What happens if items arrive in Cuba without the necessary documentation?
Items that arrive without the required documentation are subject to confiscation under the guidelines of the resolution.