Laws of the People's Republic of China

    Article 1  These Regulations are formulated for the purpose of preventing
harmful diseases, insect and weeds dangerous to plants from spreading, and of
protecting agriculture and forestry safety production.

    Article 2  The competent agricultural department and the competent
forestry department under the State Council shall be in charge of the plant
quarantine work throughout the country. The competent agricultural departments
and the competent forestry departments of various provinces, autonomous
regions and municipalities directly under the Central Government shall be in
charge of plant quarantine work in their own regions.

    Article 3  The plant quarantine organs of the competent agricultural
departments and the competent forestry departments above county level shall
carry out the State plant quarantine tasks.

    Plant quarantine inspectors who enter into a station, an airport, a
seaport, a warehouse and other related sites for performing quarantine
inspection shall wear their quarantine uniforms and bear their quarantine
marks.

    Article 4  All dangerous diseases, insect and weeds that occur in parts of
an area and can spread with plants and plant products shall be classified into
plant quarantine objects. The lists of plant quarantine objects of agriculture
and forestry and plants and plant products that should be quarantined shall be
worked out by the competent agricultural department and the competent forestry
department under the State Council. The competent agricultural departments and
the competent forestry departments of various provinces, autonomous regions
and municipalities directly under the Central Government, in the light of the
local need, may work out the supplementary quarantine catalogues of their own
regions, and report to the competent agricultural department and the competent
forestry department under the State Council for the record.

    Article 5  An area where a plant quarantine object occurs shall be
designated as an epidemic area. Preventive measures such as blockading and
eradication shall be taken so as to prevent the plant quarantine object from
spreading out. In case of widespread epidemic occurrence, non-epidemic areas
shall be designated as protection areas to prevent plant quarantine objects
from spreading in.

    In the light of the spreading situation of plant quarantine objects, local
geographical environment, transport conditions and requirements of measures
for blockading and eradication, an epidemic area shall be designated and
brought under strict control.

    In an epidemic area, the plant quarantine organs shall send inspectors to
participate in the work of local road jointinspection stations or timber
inspection stations. In case of the most serious epidemic, plant quarantine
inspection  shall be set up for performing plant quarantine inspection after
approval by the people's governments of provinces, autonomous regions and
municipalities directly under the Central Government.

    Article 6  The designation of an epidemic area and a protection area shall
be made by the competent agricultural departments and the competent forestry
departments of provinces, autonomous regions and municipalities directly under
the Central Government and shall be approved by their own local people's
governments, then shall be reported to the competent agricultural department
and the competent forestry department under the State Council for the record.

    A proposed designation of an epidemic area and a protection area covering
more than one province or autonomous region or municipality directly under the
Central Government shall jointly be made by the competent agricultural
departments and the competent forestry departments of the related provinces,
autonomous regions and municipalities under the Central Government and
reported to the competent agricultural department and the competent forestry
department under the State Council for approval.

    The procedures of change and withdrawal of an epidemic area and a
protection area are similar to that of designation.

    Article 7  The plants and plant products for transfer shall be subject to
quarantine inspection in the case as follows:

    (1) Plants and plant products listed in the catalogues of quarantine shall
be subject to quarantine inspection before they are transported from a county
administration area where an epidemic is occurring.

    (2) Plant seeds, seedlings or other propagating materials whether they are
listed or not in the quarantine catalogues of plants and plant products and
wherever they are transported shall be subject to quarantine inspection before
their transportation.

    Article 8  On discovering of no plant quarantine object of plants and
plant products subject to quarantine inspection specified in Article 7 of
these Regulations, their quarantine certificates shall be issued. On
discovering of plant quarantine objects, but a thorough disinfection treatment
can be carried out, consignors shall conduct disinfection treatment at a
designated site according to the requirements of plant quarantine organs.
After they pass the quarantine inspection, their plant quarantine certificates
shall be issued. In case of no disinfection treatment can be carried out,
their transfer shall be stopped.

    The model of plant quarantine certificates shall be formulated by the
competent agricultural department and the competent forestry department under
the State Council.

    Packaging materials, means of transport, sites and warehouses which are
possibly contaminated by plant quarantine objects shall be subject to
quarantine inspection. If they are contaminated, consignors shall carry out
treatments according to the requirements of the plant quarantine organs.

    The expenses for vehicle parking and boat berthing, and transport,
unpacking, sampling, storing and disinfection of goods required by quarantine
inspection shall be covered by consignors.

    Article 9  Plants and plant products which must be subject to quarantine
inspection specified in Article 7 of these Regulations shall be transported or
posted by the transportation department and the post department on the
strength of the quarantine certificates. The quarantine certificates shall be
transmitted along with goods. The specific measures shall be formulated by the
competent agricultural department and the competent forestry department under
the State Council together with departments of railways, communications, civil
aviation and post and telecommunications.

    Article 10  For plants and plant products subject to quarantine inspection
specified in Article 7 of this Regulations transferred between provinces,
autonomous regions and municipalities directly under the Central Government,
the import unit shall seek a permission beforehand from the plant quarantine
organ of its own province or autonomous region or municipality directly under
the Central Government and  shall put forward the requirements of quarantine
inspection to the export unit. The export unit shall make an application for
quarantine inspection to the plant quarantine organ of its own province or
autonomous region or municipality directly under the Central Government. The
plant quarantine organ of province or autonomous region or municipality
directly under the Central Government where import unit is located shall check
the quarantine certificates of entry plants and plant products, and shall, if
necessary, perform re inspection.

    The quarantine measures for transferring plants and plant products within
provinces, autonomous regions and municipalities directly under the Central
Government shall be formulated by the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government.

    Article 11  The breeding and propagating units of plant seeds, seedlings
or other propagating materials must establish seeds and seedling bases and
maternal tree breeding bases free of plant quarantine objects in a planned
way. Plant seeds, seedlings and other propagating materials for experiment and
extension may not carry plant quarantine objects. Plant quarantine organs
shall perform original planting area quarantine inspection.

    Article 12  Any unit importing seeds and seedlings from foreign countries
shall make an application to the local plant quarantine organ in the province
or autonomous region or municipality directly under the Central Government and
go through the formalities for examination and approval of quarantine
inspection. However, Beijing-based units affiliated to the concerned
department under the State Council importing seeds and seedlings from foreign
countries shall submit their applications to the plant quarantine organs
affiliated to the competent agricultural department and the competent forestry
department under the State Council and go through the formalities for
examination and approval of quarantine inspection. Specific measures shall be
formulated by the competent agricultural department and the competent forestry
department under the State Council.

    Seeds, seedlings and other propagating materials for import which are
suspected of carrying dangerous diseases and insect must be isolated for trial
planting. Only after approval by the plant quarantine organs through
investigation, observation and quarantine inspections that they are free of
dangerous diseases and insect can they be distributed for planting.

    Article 13  Agricultural and forestry colleges and universities as well as
experiment and research institutions may not conduct research on plant
quarantine objects in nonepidemic areas. However, when it is needed for the
purpose of teaching and research to use plant quarantine objects specified by
the competent agricultural department and the competent forestry department
under the State Council, it shall be approved by the competent agricultural
department and the competent forestry department under the State Council; for
the plant quarantine objects specified by provinces, autonomous regions and
municipalities directly under the Central Government, it shall be subject to
the approval by the competent agricultural departments and the competent
forestry departments in provinces, autonomous regions and municipalities
directly under the Central Government. Strict measures shall be taken to
prevent proliferation.

    Article 14  For newly discovered quarantine objects and other dangerous
diseases, insect and weeds, the plant quarantine organs must conduct a timely
investigation of the situation, report at once to the competent agricultural
departments and the competent forestry departments in provinces, autonomous
regions and municipalities directly under the Central Government as well as
take measures for a complete eradication. They also shall report to the
competent agricultural department and the competent forestry department under
the State Council.

    Article 15  Epidemic information shall be released by the competent
agricultural department and the competent forestry department under the State
Council.

    Article 16  The expense and allowance for emergency control needed in
epidemic survey and taking measures for epidemic eradication as stipulated in
paragraph 1 of Article 5 and in Article 14 of these Regulations shall be
allocated out of the annual plant protection and forest protection expediture
of provinces, autonomous regions and municipalities directly under the Central
Government or out of the production expenditure of state farms. The State
shall provide subsidy for the control of the most serious epidemic according
to specific circumstances.

    Article 17  The people's government shall offer rewards to units and
individuals who have made remarkable contributions in plant quarantine work.

    Article 18  Whoever commits any of the following acts shall be ordered to
correct and may be fined by the plant quarantine organ; he shall be
responsible for compensation if causing any loss; criminal responsibility
shall be investigated according to law by the judicial authorities if the
offense constitutes a crime:

    (1) Failing to go through the formalities for a plant quarantine
certificate as stipulated in these Regulations or acting dishonestly in
applying for quarantine inspection;

    (2) Forging, altering, trafficking or transferring quarantine
certificates, stamps, marks or seals;

    (3) Failing to transport or isolate for trial planting or produce plants
and plant products subject to quarantine inspection according to these
Regulations;

    (4) In violation of these Regulations and without authorization, unpacking
the packing of plants and plant products, changing plants and plant products
or altering the specified use of plants and plant products;

    (5) In violation of these Regulations, causing epidemic proliferation.

    For any of the acts mentioned in Items (1), (2), (3) and (4) of the above
paragraph but not constituting a crime, the plant quarantine organs may
confiscate the illegal income.

    For plants and plant products for transfer in violation of these
Regulations, plant quarantine organs have the right to seal up for
safekeeping, confiscate, destroy or order the change of use. Expenses involved
in destruction shall be born by the party responsible.

    Article 19  If a plant quarantine functionary or a concerned functionary
from a transportation department or a post department, during quarantine
inspection, transportation and posting of plants and plant products, practices
favouritism and embezzlement, or neglects his or her duty, he or she shall be
subject to administrative sanctions by the unit where he or she works or by
the responsible department at a higher level; if the offense constitutes a
crime, criminal responsibility shall be investigated according to law by the
judicial authorities.

    Article 20  If the party is not satisfied with the decision on
administrative punishment made by a plant quarantine organ, it may, within 15
days of receiving the notification of punishment, apply for reconsideration to
the organ at the level next higher over the one making the decision of
punishment; if dissatisfied with the decision of reconsideration, the party
may, within 15 days of receiving the decision of reconsideration, bring a suit
to a people's court. If the party doesn't apply for reconsideration within the
prescribed period, or neither  brings a suit nor complies with the decision of
punishment, the plant quarantine organ may apply to the people's court for
compulsory execution or exercise compulsory execution according to law.

    Article 21  A plant quarantine organ may collect fees for performing
quarantine service. Specific measures shall be formulated by the competent
agricultural department and the competent forestry department under the State
Council.

    Article 22  Quarantine inspection of import and export plants shall be
performed according to the Law of the People's Republic of China on the Entry
and Exit Animal and Plant Quarantine.

    Article 23  The rules for implementation of these Regulations shall be
formulated by the competent agricultural department and the competent forestry
department under the State Council. Provinces, autonomous regions and
municipalities directly under the Central Government may formulate their
implementing measures according to these Regulations and their implementing
rules while taking into consideration their specific local conditions.

    Article 24  These Regulations shall come into force as of the date of
promulgation. The Interim Measures for Domestic Plant Quarantine approved by
the State Council and promulgated by the Ministry of Agriculture on December
4, 1957 shall be annulled as of the same date.