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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1991-10-30 | Effective Date | 1992-04-01 |
|
Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine |
|---|
Chapter I General Provisions
Chapter II Entry Quarantine
Chapter III Exit Quarantine
Chapter IV Transit Quarantine
Chapter V Quarantine of Materials Carried by Passengers or by Post
Chapter VI Quarantine of Means of Transport
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions Article 1 This Law is formulated for the purpose of preventing Article 2 Animals and plants, their products and other quarantine Article 3 An animal and plant quarantine department shall be instituted The department in charge of the quarantine of animal products leaving the The department of agriculture administration under the State Council Article 4 A port animal and plant quarantine office may exercise the (1) Embarking on a ship, a vehicle or an airplane to perform quarantine (2) Entering a seaport, an airport, a railway or coach station, a post (3) Entering a site relating to production or storage according to the (4) Consulting, making copies of or excerpts from operational diaries, Article 5 The State shall prohibit the following objects from entering (1) Pathogenic micro-organisms (including seed cultures of bacteria and (2) Relevant animals and plants, their products and other quarantine (3) Animal carcasses; and (4) Soil. When a port animal and plant quarantine office discovers any objects Whoever, because of special needs such as scientific research, imports The catalogues of objects prohibited from entering the country as Article 6 In the event that a serious animal or plant epidemic occurs The departments of posts and telecommunications and departments of Article 7 The State animal and plant quarantine department and port Article 8 When a port animal and plant quarantine office is carrying out Article 9 Any quarantine functionary of an animal and plant quarantine No unit or individual may obstruct a quarantine functionary of an animal Article 10 Whoever imports animals, animal products, plant seeds, Article 11 Whoever imports animals and plants, their products or other Article 12 The owner or his or her agent shall apply to the port animal Article 13 On arrival at a port of a means of transport for carrying Article 14 Import animals and plants, their products and other The import animals and plants that need to be placed in isolation for By reason of limited conditions at the port of entry, the State animal Article 15 The import animals and plants, their products or other In respect of the import animals and plants, their products or other Article 16 In respect of the import animals that fail in the quarantine (1) The animals that are found suffering from Class A infectious or (2) The animals that are found suffering from Class B infectious or In respect of import animal products or other quarantine objects that Article 17 On discovering through quarantine inspection that import Article 18 The catalogues of the Class A and Class B infectious or Article 19 On discovering through quarantine inspection that import Article 20 The owner, or his or her agent, of exit animals and plants, The animals that need to be placed in isolation for quarantine inspection Article 21 Export animals and plants, their products or other quarantine Article 22 Where the animals and plants, their products or other (1) Where the importing country or region is changed, and the changed (2) Where the packings are changed or the unpacked products or objects (3) Where the stipulated valid period of quarantine is exceeded. Article 23 Whoever requests a transit of animals through the Chinese The means of transport, containers, feeding stuffs and bedding materials Article 24 The transit of animals and plants, their products or other Article 25 The transit animals that pass the quarantine inspection are The transit animals' feeding stuffs that are contaminated with diseases, The carcasses, excrements, bedding materials and other wastes of the Article 26 The port animal and plant quarantine office shall examine the Article 27 Animals and plants, their products or other quarantine Article 28 Whoever intends to carry or post plant seeds, seedlings or Article 29 The catalogues of the animals and plants, their products and In case any animals or plants, animal or plant products or other Article 30 Whoever enters the country carrying animals or plants, animal Whoever carries animals into the country must hold such papers as Article 31 The port animal and plant quarantine office shall, in respect Article 32 Animals or plants, animal or plant products or other Article 33 The animals or plants, animal or plant products or other Article 34 Ships, airplanes or trains from the animal or plant epidemic Article 35 Vehicles entering the country shall be disinfected for Article 36 The swills and wastes of animal or plant nature on the means Article 37 The means of transport carrying export animals and plants, Article 38 The old and disused ships entering the country for Article 39 Whoever, in violation of this Law, commits any of the (1) Failing to apply for quarantine inspection or failing to go through (2) Unloading animals or plants, animal or plant products or other (3) Transferring or disposing of, without authorization, the animals or Article 40 Where the animals or plants, animal or plant products or Article 41 Whoever, in violation of this Law and without authorization, Article 42 Whoever violates the provisions of this Law and causes Article 43 Whoever forges or alters the quarantine certificates, stamps, Article 44 If a party is not satisfied with the decision on punishment The reconsideration organ shall, within 60 days after receipt of the If the party neither applies for reconsideration within the time limit, Article 45 Where a quarantine functionary of an animal and plant Article 46 As used in this Law, the following terms respectively mean: (1) "Animals" mean the live animals, whether domesticated or wild, such (2) "Animal products" mean the nonprocessed products or the processed (3) "Plants" mean cultivated plants, wild plants, their seeds and (4) "Plant products" mean the non-processed products or the processed (5) "Other quarantine objects" mean animal vaccine, blood serum, Article 47 If provisions of this Law contravene those of the Article 48 Port animal and plant quarantine offices shall collect fees, Article 49 The State Council shall, on the basis of this Law, formulate Article 50 This Law shall come into force as of April 1, 1992. The
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Chapter I General Provisions
infectious or parasitic diseases of animals, diseases, insect pests and weeds
dangerous to plants, and other harmful organisms (hereinafter referred to,
for short, as diseases, insect pests and harmful organisms) from spreading
into or out of the country, protecting the production of agriculture,
forestry, animal husbandry and fishery as well as human health, and promoting
the development of foreign economic relations and trade.
objects, containers and packaging materials used for carrying animals and
plants, their products or other quarantine objects, as well as means of
transport from animal or plant epidemic areas shall, on entry or exit, be
subject to quarantine inspection in accordance with this Law.
under the State Council (hereinafter referred to, for short, as the State
animal and plant quarantine department), which shall conduct a unified
administration of the entry and exit animal and plant quarantine in the whole
country. Port animal and plant quarantine offices set up by the State animal
and plant quarantine department at ports open to the outside world and at
places busy with entry and exit animal and plant quarantine shall, in
accordance with this Law, carry out entry and exit animal and plant
quarantine.
country for trade purposes shall be designated by the State Council as it
deems appropriate.
shall be in charge of the entry and exit animal and plant quarantine in the
whole country.
following functions and powers when performing quarantine inspection:
under this Law;
office or a site where quarantine objects are stored, processed, bred or
cultivated, to perform quarantine inspection and collect samples according to
relevant regulations;
needs of quarantine, to carry out epidemic monitoring and investigations or
quarantine supervision and control;
bills of lading, contracts, invoices or other documents relating to the
quarantine objects.
the country:
viruses) of animals and plants, insect pests and other harmful organisms;
objects from countries or regions with prevalent epidemic animal or plant
diseases;
prohibited from entering the country as prescribed in the preceding
paragraph, such objects shall be returned or destroyed.
any objects prohibited from entering the country as prescribed in the first
paragraph of this Article, must submit an application in advance, which shall
be subject to the approval by the State animal and plant quarantine
department.
prescribed in (2) of the first paragraph of this Article shall be worked out
and announced by the department of agriculture administration under the State
Council.
abroad and is liable to spread into the country, the State Council shall
adopt emergent preventive measures and may, when necessary, issue orders to
prohibit means of transport from animal or plant epidemic areas from entering
the country or to blockade the relevant ports; the local people's governments
in areas threatened by the animal or plant epidemic as well as the port
animal and plant quarantine offices concerned shall immediately take
emergency measures, and, at the same time, report to the people's governments
at higher levels and the State animal and plant quarantine department.
transportation shall give priority to transmitting or transporting reports
concerning serious animal or plant epidemic or materials to be sent for
quarantine inspection.
animal and plant quarantine offices shall practise a quarantine supervision
system in relation to the procedures in the production, processing and
storage of animals and plants and their products for entry or exit.
its tasks of quarantine inspection in seaports, airports, railway or coach
stations, or post offices, relevant departments such as the Customs,
departments of communications, civil aviation, or railways, and postal
services shall coordinate therewith.
organ must be devoted to his or her duties and enforce the law impartially.
and plant quarantine organ from carrying out his or her duties according to
law.
Chapter II Entry Quarantine
seedlings or other propagating materials must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.
quarantine objects through trade, scientific and technological cooperation,
exchanges, donations or aid shall specify in the contracts or agreements the
requirements for quarantine inspection prescribed by China's law and the
necessity of quarantine certificates issued by the animal and plant
quarantine department under the government of the exporting country or region
being appended therewith.
and plant quarantine office at the port of entry for quarantine inspection of
the animals and plants, their products or other quarantine objects, before or
on their entry, on the strength of documents such as the quarantine
certificates issued by the exporting country or region and the trade
contracts.
animals, the port animal and plant quarantine office shall for the prevention
of epidemics adopt onthespot preventive measures and conduct disinfection of
persons embarking on or disembarking from the means of transport or having
contacts with the animals, the means of transport for carrying the animals
and the contaminated fields.
quarantine objects shall be quarantined at the port of entry; without consent
of the port animal and plant quarantine office, the same shall not be
unloaded from the means of transport.
quarantine inspection shall be quarantined in an isolation court designated
by the port animal and plant quarantine office.
and plant quarantine department may decide to have the animals and plants,
their products or other quarantine objects transported to a designated place
for quarantine inspection. In the course of transportation, loading and
unloading, the owner or his or her agent shall take preventive measures
against epidemics. Designated places for storage, processing, isolated
feeding or planting shall conform to the provisions on animal and plant
quarantine and epidemic prevention.
quarantine objects that pass the quarantine inspection are allowed to enter
the country; the Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.
quarantine objects that need to be transferred away from a customs
surveillance zone for quarantine inspection, the Customs shall, after
verification, release the same on the strength of the Quarantine Transference
Notice issued by the port animal and plant quarantine office.
inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to deal
with the said animals in either of the following manners:
parasitic diseases, shall, together with all the other in-contact animals,
be returned or slaughtered with their carcasses destroyed; or
parasitic diseases shall be returned or slaughtered; and the other incontact
animals shall be placed in an isolation camp or any other designated place
for observation.
fail in the quarantine inspection, the port animal and plant quarantine
office shall issue the Quarantine Treatment Notice notifying the owner or his
or her agent to conduct such treatments as disinfection and disinfestation,
returning or destruction. The products or objects that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.
plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying the
owner or his or her agent to conduct such treatments as disinfection and
disinfestation, returning or destruction. Those that pass the quarantine
inspection after a treatment of disinfection and disinfestation are allowed
to enter the country.
parasitic diseases of animals specified in Article 16, paragraph 1, Items 1
and 2 of this Law and the catalogues of the diseases, pests or weeds
dangerous to plants specified in Article 17 of this Law shall be worked out
and announced by the department of agriculture administration under the State
Council.
animals and plants, their products or other quarantine objects are
contaminated with diseases, insect pests or harmful organisms which are not
covered by the catalogues specified in Article 18 of this Law but are
extremely harmful to agriculture, forestry, animal husbandry and fishery, the
port animal and plant quarantine office shall, in accordance with relevant
regulations of the department of agriculture administration under the State
Council, notify the owner or his or her agent to conduct such treatments as
disinfection and disinfestation, returning or destruction. Those that pass
the quarantine inspection after a treatment of disinfection and
disinfestation are allowed to enter the country.
Chapter III Exit Quarantine
their products or other quarantine objects shall, before their exit, submit
an application for quarantine inspection to the port animal and plant
quarantine office.
before exit shall be quarantined in an isolation court designated by the port
animal and plant quarantine office.
objects shall be quarantined by the port animal and plant quarantine office,
and those that pass the quarantine inspection or conform to the standards
after a treatment of disinfection and disinfestation are allowed to leave the
country. The Customs shall, after verification, release the same on the
strength of the quarantine certificates issued, or the stamps on the customs
declaration forms affixed, by the port animal and plant quarantine office.
Those that fail in the quarantine inspection and are unable to be treated by
disinfection and disinfestation with effective methods shall not be allowed
to leave the country.
quarantine objects that pass the quarantine inspection are involved in any of
the following circumstances, the owner or his or her agent shall re-apply for
quarantine inspection:
importing country or region has different requirements for quarantine
inspection;
are subsequently packed;
Chapter IV Transit Quarantine
territory must obtain in advance and through consultation the consent of
China's State animal and plant quarantine department and the transit must be
conducted through the designated port and route.
for the animals in transit must all conform to China's regulations on animal
and plant quarantine.
quarantine objects requires the consignor or the escort to submit at the port
of entry the bills of lading and the quarantine certificates issued by the
animal and plant quarantine department under the government of the exporting
country or region to the port animal and plant quarantine office for
quarantine inspection. No further quarantine inspection is needed at the port
of exit.
allowed to pass through the country; and in case any infectious or parasitic
disease of animals specified in the catalogues as stipulated in Article 18 of
this Law is discovered, the entire flock of the animals shall not be allowed
to transit.
insect pests or harmful organisms shall be subjected to such treatments as
disinfection and disinfestation, denial of transit or destruction.
transit animals must be disposed of in accordance with the regulations of the
animal and plant quarantine department, and may not be cast away without
authorization.
means of transport and the packings, in respect of the transit plants, animal
and plant products or other quarantine objects, which are allowed to transit
through the country if they pass the quarantine inspection; in case any
disease, insect pest or harmful organism specified in the catalogues as
stipulated in Article 18 of this Law is discovered, it shall be subjected to
a treatment of disinfection and disinfestation or denial of transit.
objects, in the course of their transit, may not be unpacked or discharged
from the means of transport without the approval of the animal and plant
quarantine organ.
Chapter V Quarantine of Materials Carried by Passengers or by Post
other propagating materials into the country must submit an application in
advance and go through the formalities for examination and approval of
quarantine inspection.
other quarantine objects that are not allowed to be carried or posted into
the country shall be worked out and announced by the department of
agriculture administration under the State Council.
quarantine objects specified in the catalogues mentioned in the preceding
paragraph are carried or posted into the country, they shall either be
returned or destroyed.
or plant products or other quarantine objects which are not included in the
catalogues specified in Article 29 of this Law shall declare them to the
Customs at the port of entry and accept the quarantine inspection by the port
animal and plant quarantine office.
quarantine certificates issued by the exporting country or region.
of the animals and plants, their products or other quarantine objects not
included in the catalogues specified in Article 29 of this Law, carry out
quarantine inspection at the International Postage Exchange Bureau, or, when
necessary, take the same back to the port animal and plant quarantine office
for quarantine inspection; and the same shall not be transported or delivered
without undergoing quarantine inspection.
quarantine objects that enter the country by post shall be released if they
pass the quarantine inspection or conform to the standards after the
treatment of disinfection and disinfestation; those that fail in quarantine
inspection and are unable to be treated by disinfection and disinfestation
with effective methods shall be returned or destroyed, and the Quarantine
Treatment Notice shall be issued.
quarantine objects that are carried or posted out of the country shall be
quarantined by the port animal and plant quarantine office, upon request by
the owner thereof.
Chapter VI Quarantine of Means of Transport
areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect pest or
harmful organism specified in the catalogues mentioned in Article 18 of this
Law is discovered, the cargoes shall be subjected to such treatments as
prohibition from discharge from the means of transport,disinfection and
disinfestation, sealing up or destruction.
epidemic prevention by the port animal and plant quarantine office.
of transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine
office and may not be cast away without authorization.
their products or other quarantine objects shall conform to the regulations
on animal and plant quarantine and epidemic prevention.
disassembling purposes shall be quarantined by the port animal and plant
quarantine office. In the event that diseases, insect pests or harmful
organisms specified in the catalogues mentioned in Article 18 of this Law are
discovered, the said ships shall be subjected to a treatment of disinfection
and disinfestation.
Chapter VII Legal Responsibility
following acts shall be fined by the port animal and plant quarantine office:
the formalities for examination and approval of quarantine inspection in
accordance with the law;
quarantine objects entering the country from the means of transport or
transporting or delivering the same, without permission of the port animal
and plant quarantine office;
plants subjected to quarantine inspection in an isolation court designated by
the port animal and plant quarantine office.
other quarantine objects declared for quarantine inspection do not conform to
the actual conditions, the applicant shall be fined by the port animal and
plant quarantine office; and the quarantine certificates already obtained
shall be revoked.
unpacks the packings of transit animals or plants, animal or plant products
or other quarantine objects, discharges transit animals or plants, animal or
plant products or other quarantine objects from the means of transport, or
casts away transit animals' carcasses, excrements, bedding materials or other
wastes,shall be fined by the port animal and plant quarantine office.
a serious animal or plant epidemic shall be investigated for criminal
responsibility by applying mutatis mutandis the provisions of Article 178 of
the Criminal Law.
marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.
made by an animal and plant quarantine organ, it may, within 15 days after
receipt of the notification of the punishment, apply for reconsideration to
the organ at the next higher level over the organ that has made the decision
on punishment; the party may also directly bring a suit in a people's court
within 15 days after receipt of the notification of the punishment.
application for reconsideration, make a reconsideration decision. If the
party is not satisfied with the reconsideration decision, it may, within 15
days after receipt of the reconsideration decision, bring a suit in a
people's court. If the reconsideration organ fails to make a reconsideration
decision within the prescribed period, the party may bring a suit within 15
days after the expiration of the period for reconsideration.
nor brings a suit in a people's court, nor complies with the decision on
punishment, the organ that has made the decision on punishment may apply to
a people's court for compulsory execution.
quarantine organ who abuses his or her power, practises favouritism or
embezzlement, forges a quarantine result, or neglects his or her duty or
delays the performance of quarantine inspection and the issuance of
certificates, criminal responsibility shall be investigated according to law
if the offence constitutes a crime; if the offence does not constitute a
crime, the offender shall be subjected to administrative sanctions.
Chapter VIII Supplementary Provisions
as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps and prawns,
crabs, shellfishes, silkworms and bees;
products, from animals, still liable to spread epidemic diseases, such as raw
hides, hairs, meats, viscerae, fat and grease, aquatic animal products, dairy
products, eggs, blood, semens, embryos, bones, hoofs and horns;
seedlings and other propagating materials;
products, from plants, still liable to spread diseases, insect pests or
harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco,
kernel, dried fruits, fresh fruits, vegetables, raw medicinal herbs, logs and
feeding stuffs;
diagnostic reagents, wastes of animal or plant nature.
international treaties concerning animal and plant quarantine which the
People's Republic of China has concluded or to which China is a party, the
provisions of the international treaties concerned shall prevail, with the
exception of the treaty clauses on which the People's Republic of China has
declared reservations.
according to relevant regulations, for performing quarantine inspection. The
measures for the collection of fees shall be worked out by the department of
agriculture administration under the State Council together with the
competent departments such as the pricing department under the State Council.
the implementing regulations.
Regulations of the People's Republic of China on the Import and Export Animal
and Plant Quarantine promulgated by the State Council on June 4, 1982 shall
be annulled simultaneously.
URL: http://www.asianlii.org/cn/legis/cen/laws/eaeaapq375