Laws of the People's Republic of China

IMPORT AND EXPORT ANIMAL AND PLANT QUARANTINE
REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA

 (Promulgated by The State Council on June 4, 1982)

 

 

SUBJECT: QUARANTINE; CUSTOMS

ISSUING-DEPT: STATE COUNCIL OF CHINA

ISSUE-DATE: 06/04/1982

IMPLEMENT-DATE: 06/04/1982

LENGTH: 2876 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] These Regulations are promulgated on purpose to protect the production of our country in agriculture, forestry, animal husbandry, fishery and the health of our people, to safeguard our prestige in foreign trade, to carry out our international commitment, to prevent any disease, insect pest, weed, and any other injurious organisms capable of causing injury or damage to animal and/or plant, from being carried into or out from our country and to strengthen the quarantine inspection on import and export animal and/or plant.

[Article 2] Any animal and/or plant or their product, either for trade purpose or for non-trade purpose, entering into or leaving the frontier of the People's Republic of China or in transit through her territory, as well as the conveyance thereof shall be subject to quarantine inspection provided for in these Regulations.

The specific items are as follows:

(1) Animals: Livestock, poultry, wildlife, bees, fishes, sik-worms, etc.

(2) Animal products: raw hide, hairs, meats, intestines, fat and grease, blood, eggs, semens, bones, hoofs, horns, etc.

(3) Plants: cultivated plants, wild plants, seeds, seedlings or any propagating materials, etc.

(4) Plant products: grains, beans, cotton, oils, fibers, tobacco, kernel, dried and fresh fruits, vegetables, raw medicinal herbs, logs, feeding stuffs, etc.

(5) Any train, ship, airplane for transporting animal and/or plant & products thereof as well as container, packing material and feeding implements.  Quarantine inspection shall be applied to other goods and conveyance which are likely to carry the quarantine subject.

[Article 3] The animal infectious diseases and parasites and plant diseases, insect pests and weeds or any other noxious organisms which are specified to be quarantined are generally termed as "pests" and divided into two categories.

These are:

(1) The list of Quarantine subject, referring to the pests which shall not be admitted into our country shall be published by the Ministry of Agriculture, Animal Husbandry, and Fishery of the People's Republic of China.

(2) Designated pests, referring to the pests which are subject to quarantine inspection according to specifications in the relevant agreement, treaty and trade contract signed with foreign countries and to those on application for quarantine inspection by the exporting agency.

[Article 4] The Animal and Plant Quarantine Services set up at the seaports or airports for international transportation in the People's Republic of China or at her land frontier or any port situated on boundary rivers as well as The Animal and Plant Quarantine Services set up in the capitals of certain provinces and autonomous regions concerned shall be referred to as port animal and plant quarantine service which is the agency to apply quarantine inspection on behalf of the government to the animal and/or plant being imported or exported.

[Article 5] The animal and/or plant or their products to be imported or exported as well as conveyance thereof shall not allowed to pass unless they have passed the quarantine inspection.

CHAPTER II IMPORT QUARANTINE

[Article 6] Import of animal and/or animal products should be asked permit from the Ministry of Agriculture, Animal Husbandry, and Fishery beforehand.  As regard to wild animal and its products, the permit should be asked beforehand from the Ministry of Forestry.

For importing seeds, seedlings and propagating materials, the importing agency, which is subordinate to The State Council, shall fill in a Quarantine Form for Introducing Seeds and/or Seedlings and submit it to the Ministry of Agriculture, Animal Husbandry and Fishery, or to the Ministry of Forestry for approval.  In case the importing agency is subordinate to a province, autonomous region, or municipality, such Form shall be submitted to the department of agriculture, the department of forestry, or the department of reclamation of that province, autonomous region or municipality for approval.

[Article 7] For importing animal and/or plant or their product in a trade contract or an agreement for co-operation in the field of science and technology, as present, or exchange lot, the requirement for quarantine inspection prescribed by our country or the quarantine provisions reached by the authorities of two countries shall be noted.  It should also be noted that a quarantine certificate issued by the authorized agency of the exporting country should also be accompanied.

[Article 8] Any animal and/or plant or their products to be imported shall be subject to quarantine inspection of the port animal and plant quarantine service.

(1) Prior to or upon the arrival of any consignment at the port,the consignee or its agent shall fill in and carry the application (or with the shipping bill), together with the quaranting certificate issued by the exporting country and other relevant documents to apply to the port animal and plant quarantine service.

(2) The port animal and plant quarantine service shall carry out quarantine inspection on board the entering train, truck simultaneously with the joint inspection, on board the entering ship after the joint inspection, on the unloading spot of the entering airplane.

[Article 9] When, in animal and/or plant or their product, no quarantine subject and designated pest is found upon quarantine inspection, the Notification for Quarantine Clearance shall be issued, or the seal of Quarantine Clearance shall be affixed on the shipping bill, permitting their import.

[Article 10] When any quarantine subject of designated pest is found in the animal and/or the product of animal to be imported upon quarantine inspection, the Notification of Quarantine Treatment shall be issued according to the result of inspection and the application is bound to perform the following treatments:

(1) The animal suffering from severe infectious disease and the other animals in the same lot shall be returned to the place of origin,or the whole lot of animals shall be killed and their carcasses destroyed.

(2) The animal suffering from general infectious disease shall be returned to the place of origin, or be killed and their carcasses destroyed, the other animals in the same lot shall be placed in the same lot shall be placed in the isolating court or a designated place for animal quarantine.

(3) The animal suffering from non-infectious disease shall be given medical treatment.

(4) The product of animal shall be given disinfection, or be returned to the place of origin, or be destroyed as required.

The animals, subject to isolation and observation or medical treatment as specified in paragraph (2) and (3) of this provision, shall be allowed to be imported in case no disease is detected on quarantine inspection; the animal product specified in paragraph (4) shall be allowed to be imported after disinfection on passing the quarantine inspection.

[Article 11] When quarantine subject or designated pest is found in the plant or the product of plant to be imported upon quarantine inspection, the Notification of Quarantine Treatment shall be issued according to the result of inspection and the applicant is bound to perform the treatment of fumigation, disinfection, or to submit the plant or plant product for restricted use, or to return them to the place of origin, or to destroy them.  After such pest eliminating treatment, as fumigation, those articles which pass the reinspection are permitted to be imported.

[Article 12] The quarantine inspection and treatment of the import animal and/or plant or their products shall be undertaken at the port of entry.

In case the import animal and/or plant or their products have to be transported to and treated at a designated place in the interior of the country due to the limited facilities at the port of entry or any other reasons, it shall be approved by the Ministry of Agriculture, Animal Husbandry and Fishery.  In the process of their transportation, loading and unloading, strict precautions shall be taken to prevent the spreading of any pest and infectious disease; the domestic quarantine service shall be duly informed and the precautions shall be carried out under its surveillance.

[Article 13] To any site, warehouses, conveyance, padding materials, feeding implements contaminated by quarantine subject or designated pest, the applicant or the consignee shall carry out treatment as required by the port animal and plant quarantine service.

[Article 14] When quarantine subject or designated pest is found in the import animal or plant or their products on quarantine inspection, the port animal and plant quarantine service may issue quarantine certificate as required.

[Article 15] The following items are prohibited from being imported into China:

(1) Living pests, pathogenic microorganisms of animal and/or plant (including cultures and bio-products) and any other noxious organisms.

(2) The relevant animals,seeds, seedlings, propagating materials, & their products which tend to be infected, in a country or an area when an epidemic occurs.

(3) Soils.

The list of prohibited items prescribed in this article shall be published by the Ministry of Agriculture, Animal Husbandry and Fishery.  In case certain items on the prohibited list is needed for importation for the purpose of scientific research, the department concerned shall apply to the Ministry of Agriculture, Animal Husbandry and Fishery for approval of special permission.

CHAPTER III EXPORT QUARANTINE

[Article 16] For exporting animal, plant, plant products, and/or uncommercial animal products, in case quarantine inspection is required, the exporting unit or its agent shall fill in and submit the application to the port animal and plant quarantine service together with the quarantine certificate of origin.  They shall be given the quarantine certificate and let pass after passing the quarantine inspection.

For exporting commercial animal products, the quarantine inspection shall be undertaken by the Inspection Service for Import and Export Commodities.

[Article 17] In case the animal, plant or their products, which are to be exported, are found to be infected with designated pests, they shall not be permitted to be exported, or may be exported after pest eliminating treatment.

[Article 18] The contaminated sites, warehouses, conveyances, padding materials, feeding implements etc. shall be treated as specified in Article 13.

CHAPTER IV QUARANTINE OF THE EFFECTS OF PASSENGERS

[Article 19] The on-the-spot quarantine inspection shall be applied at the port of entry to the animal and/or plant or their products carried or checked by the entering passengers and communication personnel.  In case no quarantine subject is discovered, upon inspection, they shall be let pass; in case quarantine subject is found, they shall not be admitted to our country, but may be admitted after disinfection treatment.  In case the result of quarantine inspection cannot be determined on the spot, the detention for quarantine inspection shall be applied.  And the owner shall be informed of the disposition of them after the result of inspection has been established.

[Article 20] The raw meats carried or checked by the entering passengers and communication personnel shall be admitted to the country after being given quarantine treatment.

[Article 21] To the animal and/or plant or their products carried or checked by the departing passengers and communication personnel, quarantine inspection may be applied and quarantine certificate given as required.

CHAPTER V QUARANTINE OF INTERNATIONAL PARCELPOST

[Article 22] The plants and plant products entering the territory of China by mail shall undergo inspection of port animal and plant quarantine service.  The parcel, in which no quarantine subject is found on inspection, shall be let pass after a seal of mail quarantine being affixed on its outside.  In case the quarantine subject is found, the Notice of Quarantine Treatment shall be issued after quarantine treatment, and shall be delivered by the post office to the recipient together with the parcel.  In case the parcel cannot undergo quarantine treatment, a returning tag shall be sticked on the parcel, and shall be returned to be sender through the post office.  In case the parcel must be destroyed, the Notice of Quarantine Treatment shall be issued and be delivered to the sender by the post office.

The raw products of animal shall be prohibited to enter the frontier of China by mail except small amount of sample.

[Article 23] For plants or products of animal and/or plant leaving the frontier by mail, quarantine inspection may be applied and quarantine certificate may be issued as required.

[Article 24] Living pests, pathogenic microorganisms of animal and/or plant (including cultures and bio-products), as well as other noxious organisms and natural enemy against pest, which are mailed to China from abroad, shall be accompanied with the permit issued by the Ministry of Agriculture, Animal Husbandry and Fishery.

CHAPTER VI TRANSIT QUARANTINE

[Article 25] For animal and/or plant or their products which are in transit of China, the escort or consigner shall, at the port of entry, fill the application and submit it (or the shipping bill) to the port quarantine service for quarantine inspection, together with the quarantine certificate issued by the exporting country.  No further quarantine inspection shall be applied at the port of departure.

[Article 26] For the plant and/or the products of animal and/or plant transiting our territory by train, truck or airplane, in case their transhipment is made at a port in our country, exterior of the packing shall be examined during the transhipment.  In case they transit the territory by the original vehicle, the exterior of the vehicle shall be examined.  When no quarantine subject is found upon inspection, the Notification of Quarantine Clearance shall be issued or the seal of Quarantine Clearance shall be affixed on the shipping bill, permitting their transit.  In case quarantine subject is found, the whole lot shall be returned.  The contaminated site, implements, etc, shall be given such treatment as specified in Article 13.

[Article 27] The transiting animals shall be let pass, when no quarantine subject is found on quarantine inspection.  In case quarantine subject is found, the whole lot of animals shall be returned.  The contaminated site, implements, etc. shall be treated as specified in Article 13.

On the way of transiting, the animals' feeding stuffs, excrements, the packing straw, wastes, carcass, etc. shall be disposed at a designated place. It is prohibited to case them aside arbitrarily.

When quarantine subject is found in the feeding stuff of the transiting animals, the escort shall be notified to change the feeding stuff, and the original feeding stuff shall be disinfected and disposed on the spot.

CHAPTER VII PUNISHMENT

[Article 28] Any person who violates any provision of these Regulations shall be given criticizm or be submitted to administrative disciplinary punishment, or be fined out respectively according to the seriousness of his case, a serious case shall be penalized in accordance with the law.

CHAPTER VIII APPENDIX

[Article 29] When the port animal and plant quarantine service are carrying out its duty at seaport, airport, railway station, post office and warehouse etc., the relevant units shall give necessary cooperation.

When the port animal and plant quarantine service is carrying out the on-the-spot quarantine inspection, if necessary, the applicant shall present and deal with such affairs as removing, unpacking or repacking and the like.

When the port animal and plant quarantine service takes samples, it shall deliver the certificate for taking samples.

[Article 30] Of the relevant quarantine provisions in an agreement, treaty, on trade contract signed with foreign countries, the responsible department shall inform the concerned port animal and plant quarantine service in good time.

[Article 31] The quarantine personnel of the port animal and plant quarantine service, while carrying out their duties and functions, shall wear the uniform and have the mark for quarantine inspection.

[Article 32] The port animal and plant quarantine service shall take charges for applying quarantine inspection.  Details concerning the charges shall be specified by the Ministry of Agriculture, Animal Husbandry and Fishery.

[Article 33] Rules for enforcing these Regulations shall be promulgated by the Ministry of Agriculture, Animal Husbandry and Fishery in consultation with the Ministry of Forestry.

[Article 34] These Regulations shall be put into force on the date of publication.

This is an English translation.  In case of any difference in meaning between the Chinese text and the English translation, the Chinese text shall be applied.