Laws of the People's Republic of China

General Administration of Quality Supervision, Inspection and Quarantine

Decree of the General Administration of Quality Supervision, Inspection and Quarantine

No. 69

Measures for the Administration of Quarantine and Treatment of Wood Packaging for Outward Cargoes, deliberated and adopted at the working meeting of the General Administration of Quality Supervision, Inspection and Quarantine on December 24, 2004, are hereby promulgated, and shall be implemented as of March 1, 2005.

Director-General of the General Administration of Quality Supervision, Inspection and Quarantine, Li Changjiang

January 10, 2005

Measures for the Administration of Quarantine and Treatment of Wood Packaging for Outward Cargoes

Article 1

With the view of regulating the quarantine supervision and administration of wood packaging, and guaranteeing the wood packaging used for outward cargoes to meet the quarantine requirements of the importing countries or regions, the present Measures are formulated in accordance with the "Law of the People's Republic of China on Inward and Outward Animal and Plant Quarantine" and the Regulation for the Implementation thereof, and with reference to the International Standards of Phytosanitary Measures No. 15, i.e., the "Guidelines for Regulating Wood Packaging Material In International Trade" (hereinafter referred to as International Standards No. 15).

Article 2

For the purpose the present Measures, wood packaging refers to the wood materials used for carrying, packing, underlaying, supporting or fastening cargoes, such as wood board boxes, wood bar boxes, wood pallets, wood frames, wood casks, wood shafts, wood wedges, underlaying wood, crossties and padding wood, etc.

The artificial wood packaging and the wood packaging that are deeply processed by heating or pressing, etc. (such as veneer sheets, fiberboards, etc.) shall be excluded. The revolved cut cores from wood sheets, scobs, wood-wools, wood shavings, and the wood materials equal to or less than 6mm thick or shall also be excluded.

Article 3

The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the GAQSIQ) shall administer in a centralized way the quarantine, supervision and administration of wood packaging for outward cargoes throughout the country. The entry and exit inspection and quarantine institutions dispatched by the GAQSIQ in all such places (hereinafter referred to as the inspection and quarantine institutions) shall be responsible for quarantine, supervision and administration of wood packaging for outward cargoes in their respective jurisdiction.

Article 4

The wood packaging for outward cargoes shall be dealt with in a way of quarantine inactivation of harmful organism as listed in Appendix 1 of the present Measures, and a special mark shall be imprinted according to the requirements in Appendix 2.

Article 5

An enterprise engaging in inactivation of harmful organism for and imprinting the mark on wood packaging (hereinafter referred to as mark-printing enterprise) shall file an application to the local inspection and quarantine institution for the qualification of imprinting the mark of inactivation of harmful organism, and shall supply the documents as follows:

(1)

the "Application Form for Assessment on Imprinting the Mark of Inactivation of Harmful Organism to the Wood Packaging for Outward Cargoes" (Appendix 3);

(2)

a counterpart of the industrial and commercial business license and of the approval certificate issued by relevant department;

(3)

an ichnography of the plant area, which shall cover the warehouse (site) of raw materials, the workshop, the place for inactivation of harmful organism, and the warehouse of finished products;

(4)

the facilities for inactivation of harmful organism such as heat treatment or fumigation treatment, etc., and data on the relevant technicians and management personnel;

(5)

documents on epidemic prevention and quality control system of the wood packaging production; and

(6)

other documents as required by the inspection and quarantine institution.

Article 6

An directly subordinate inspection and quarantine institution shall assess the mark-imprinting enterprises' facilities for heat treatment or fumigation treatment, their personnel and their relevant quality management system, etc., and in the case of eligibility (Appendix 4), it shall issue the qualification certificates for imprinting the mark of inactivation of harmful organism (Appendix 5). The name list of such mark-imprinting enterprises shall be publicized and meanwhile be reported to the GAQSIQ for archival purposes. The duration of validity of each mark imprinting qualification is three years; the applicant enterprises that are not qualified shall not be issued a qualification certificate, and shall be concurrently informed in writing by the directly subordinate inspection and quarantine institution of the reason for not issuing the qualification certificate (Appendix 6). An enterprise having not obtained the qualification certificate shall not imprint the mark for inactivation of harmful organism without authorization.

Article 7

Where a mark-imprinting enterprise is subjects to any of the following circumstances, it shall re-apply to the inspection and quarantine institution for the mark imprinting qualification.

(1)

the facilities for heat treatment or fumigation treatment are rebuilt or expanded;

(2)

the warehouse of finished wood packaging are rebuilt or expanded;

(3)

the enterprise is moved; or

(4)

any other major modification.

Where the enterprise fails to re-apply for the mark imprinting qualification, the inspection and quarantine institution may suspend or even revoke its mark imprinting qualification.

Article 8

A mark-imprinting enterprise shall declare its plan on inactivation of harmful organism for wood packaging to the local inspection and quarantine institution prior to the inactivation, and the inspection and quarantine institution shall conduct supervision over the process of inactivation of harmful organism and the imprinting of the mark.

Article 9

After the end of inactivation of harmful organism, a mark-imprinting enterprise shall issue a report list on the result thereof (see Appendix 7 and Appendix 8). Where the inspection and quarantine institution has ascertained the inactivation of harmful organism to be qualified, the mark-imprinting enterprise shall imprint the mark in accordance with the provisions.

The recycled, reprocessed or repaired wood packaging shall be re-verified and the mark shall be re-imprinted to make sure that all the composition parts of the wood packaging materials can be treated.

Article 10

A mark-imprinting enterprise shall separately store the mark-imprinted wood packaging, and take necessary epidemic prevention measures to prevent harmful organism from encroaching again, set up records on sale and use of wood packaging, and write off them as required by the inspection and quarantine institution.

Article 11

Where an enterprise without the mark imprinting qualification intends to use wood packaging, it may purchase the wood packaging from an mark-imprinting enterprise publicized by the inspection and quarantine institution, and require the mark-imprinting enterprise to provide the document testifying that the wood packaging for outward cargoes are qualified from inactivation of harmful organism (Appendix 9).

An inspection and quarantine institution shall conduct quarantine over the wood packaging used for outward cargoes by spot-check.

Article 12

An inspection and quarantine institution shall conduct daily supervision and inspection on the mark-imprinting enterprises.

Article 13

Where a mark-imprinting enterprise is subject to any of the following circumstances, the inspection and quarantine institution shall order it to make rectification, and during the period of rectification, its mark imprinting qualification shall be suspended.

(1)

The facilities for heat treatment/fumigation treatment or its testing equipment fails to meet the requirements;

(2)

The inactivation of harmful organism fails to reach the prescribed technical indexes in terms of temperature, dosage and time, etc.

(3)

The warehouse of finished wood packaging which is qualified from inactivation of harmful organism is not properly managed, and is vulnerable to be re-encroached by harmful organism;

(4)

The mark is not imprinted on the wood packaging in a proper way as required;

(5)

The information on inactivation of harmful organism, sale, or other information of the wood packaging is not clear;

(6)

The relevant quality management system fails to work normally, or the quality records are not well kept;

(7)

It fails to declare its plan on inactivation of harmful organism with the inspection and quarantine institution in accordance with the provisions; or

(8)

Other circumstances which affect the quality of quarantine over the wood packaging.

Article 14

Where any of the following circumstances occurs due to the mark-imprinting enterprise, the inspection and quarantine institution shall suspend or revoke the enterprise's mark imprinting qualification, and publicize such suspension or revocation.

(1)

Due to the circumstances as prescribed in Article 13 , the enterprise is required abroad to conduct inactivation of harmful organism, destroy the wood packaging, or return the wood packaging back to China;

(2)

The enterprise imprints the mark before carrying out effective inactivation of harmful organism;

(3)

The enterprise speculates, misappropriates the mark or commits other frauds;

(4)

In the enterprise takes place any heavy quality or safety accident; or

(5)

Other circumstances that seriously affect the quarantine quality of the wood packaging.

Article 15

Anyone who forges, alters or usurps a mark shall be penalized in accordance with relevant provisions of the "Law of the People's Republic of China on Inward and Outward Animal and Plant Quarantine" and the Regulation for the Implementation thereof.

Article 16

In case the importing country or region has otherwise special quarantine requirements on wood packaging, the provisions thereof shall prevail.

Article 17

The power to interpret the present Measures shall be vested with the GAQSIQ.

Article 18

These Measures shall be implemented on March 1, 2005.

Appendixes: (Omitted)