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Laws of the People's Republic of China |
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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1982-06-04 | Effective Date | 1982-06-04 | Date of Invalidation | 1992-04-01 |
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Regulations of the People's Republic of China on the Quarantine of Imported and Exported Animals and Plants |
|---|
Article 1 These Regulations are formulated in order to protect the
agriculture, forestry, animal husbandry and fishery of our country and the
health of our people, safeguard our reputation in foreign trade, fulfil our
international obligations, prevent diseases, insects, weeds and other harmful
organisms, which harm animals and plants, from spreading into or out of China
and strengthen the quarantine of import and export animals and plants.
Article 2 All commercial or non-commercial animals, plants, animal
products, vegetable products and their means of transport which enter, leave
or pass through territories of the People's Republic of China are within the
quarantine range under these Regulations, particularly including the following:
(1) Animals: livestock, poultry, wild animals, bees, fish, silkworms, etc.
(2) Animal products: raw hides, hair, meat, viscera, fat, blood, eggs,
semen, bones, hoofs, horns, etc.
(3) Plants: cultivated plants, wild plants and their seeds, nursery stock,
propagating materials, etc.
(4) Vegetable products: grains, beans, pease, cotton, oils, hemp, flax,
tobacco, kernels, dried fruits, fresh fruits, vegetables, raw medicinal
materials, logs, fodder, etc.
(5) Vehicles, vessels and aircraft carrying animals, plants, animal
products and vegetable products as well as packing, bedding and padding
materials, breeding tools, etc.
The other goods and means of transport which may carry the objects of
quarantine shall also be put in quarantine.
Article 3 Animal infectious diseases and parasites, insects and weeds
which are dangerous to plants as well as other harmful organisms (generally
designated as insect vectors) shall be put in quarantine and divided into
the objects of quarantine and quarantinable insect vectors.
(1) The objects of quarantine mean the insect vectors which are prohibited
from entering China as stipulated by the State. The list of the objects of
quarantine shall be promulgated by the Ministry of Agriculture, Animal
Husbandry and Fishery of the People's Republic China.
(2) Quarantinable insect vectors include those put in quarantine as
stipulated in relevant agreements and trade contracts with foreign countries
and those for which the export units have applied for quarantine.
Article 4 The animal and plant quarantines set up in the ports and
airports of the People's Republic of China which are open to international
navigation or air traffic as well as on land borders and border rivers, and
the animal and plant quarantine station set up in the capitals of provinces
and autonomous regions concerned (hereinafter generally referred to as port
animal and plant quarantine authorities) are the authorities concerned which
conduct quarantine duties of import and export animals and plants on behalf
of the State.
Article 5 All animals, plants, animal products, vegetable products and Article 6 An application shall be made in advance to the Ministry of To import seeds, nursery stock and propagating materials, import Article 7 Any quarantine regulations which China stipulated or agreed Article 8 Animals, plants, animal products and vegetable products (1) Before or after the arrival of goods in a port, the consignee unit or (2) For trains or motor vehicles entering the territory, the port animal Article 9 A "Quarantine Clearance Notice" shall be signed and issued Article 10 For all imported animals or animal products in which the (1) The animal(s) which has(have) contracted a serious infectious (2) The animal(s) which has(have) contracted a general infectious (3) The animal(s) which has(have) contracted a non-infectious disease (4) Animal products shall be sterilized, returned or destroyed. If the animals which are isolated and observed as mentioned in Item (2) Article 11 For the imported plants or vegetable products in which the Article 12 The quarantine and disposition of imported animals, plants, Applications shall be made to the Ministry of Agriculture, Animal Article 13 The declarer(s) or consignee unit shall deal with the places, Article 14 If any object of quarantine or quarantinable insect vector Article 15 The following shall be prohibited from import: (1) daily injurious insects, animal or plant pathogenic micro-organisms (2) the animals, seeds, nursery stock and propagating materials relating (3) soil. The list of the aforesaid which are prohibited from import shall be Article 16 If animals, plants, vegetable products or non-commercial They shall be cleared by a quarantine certificate signed and issued by The export quarantine of commercial animal products shall be handled by Article 17 The animals, plants, animal products or vegetable products in Article 18 The contaminated areas, warehouses, means of transport, Article 19 The animals, plants, animal products or vegetable products Article 20 The raw meat carried or consigned by the travellers or Article 21 The animals, plants, animal products or vegetable products Article 22 The plants and vegetable products mailed into the territory Article 23 The plants, animal products or vegetable products mailed out Article 24 Permits shall be signed and issued by the Ministry of Article 25 For the animals, plants, animal products or vegetable Article 26 If the plants, animal products or vegetable products carried Article 27 If animals in transit have no objects of quarantine found The fodder, excrement, urine, padding grass, dirt, remains, etc. of the If any objects of quarantine are found in the fodder of the animals in Article 28 Those found in violation of these Regulations shall be Article 29 The units concerned shall render necessary assistance to the When the port animal and plant quarantine authorities execute field A certificate for sampling shall be issued if the port animal and plant Article 30 The departments in charge shall notify the port animal and Article 31 When port animal and plant quarantine officers are on Article 32 The port animal and plant quarantine authorities may collect Article 33 The rules for the implementation of these Regulations shall Article 34 These Regulations shall be put into effect as of the date of
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their means of transport shall be permitted to be imported or exported only
after passing the standard upheld by quarantine.
Chapter II Import Quarantine
Agriculture, Animal Husbandry and Fishery for approval to import animals
and animal products. However, an application shall be made in advance to the
Ministry of Forestry for approval where the import of wild animals and their
products are concerned.
departments shall fill in "Examination and Approval Lists for Quarantine of
Seeds and Nursery Stock Imported" for submission. For those to be imported
by the departments concerned of the State Council, such lists shall be
submitted separately according to the professional division of work to the
Ministry of Agriculture, Animal Husbandry and Fishery or the Ministry of
Forestry respectively for examination and approval; for those to be imported
by the departments of provinces, autonomous regions and municipalities
directly under the Central Government, they shall be submitted to the
Departments (or Bureaux) of Agriculture (Forestry or State Farm and Land
Reclamation) of respective areas for examination and approval.
between governments should be indicated on the agreement for trade, technical
co-operation, gift, exchange or assistance for the importation of animals,
plants and their products. The said agreement shall also indicate the
necessity of the enclosure of a quarantine certificate issued by the
authorized organ of the country of export.
imported shall be quarantined by port animal and plant quarantine authorities.
its agent shall fill in the declaration for quarantine and submit it (or the
waybill) together with such documents as the quarantine certificate from
the export country to the port animal and plant quarantine authorities for
quarantine.
and plant quarantine authorities shall carry out quarantine duties and
inspection aboard the train or vehicle together with the border authorities
concerned; for incoming vessels, quarantine duties shall be carried out on
board after the joint inspection; for incoming aircraft, quarantine shall be
implemented on the spot where goods are unloaded.
for all animals, plants, animal products or vegetable products imported in
which no objects of quarantine or quarantinable insect vectors are found
through quarantine, or such clearance shall be stamped on the waybill so as
to permit them to be imported.
objects of quarantine and quarantinable insect vectors are found through
quarantine, a "Quarantine Disposal Notice" shall be signed and issued
according to different circumstances and the declarer(s) shall be notified to
dispose of them separately in the following ways:
disease, and all others in the same flock shall be wholly returned or killed
and its (their) remains shall be destroyed.
disease shall be returned or killed and its (their) remains shall be
destroyed; the other animals in the same flock shall be isolated and put
under observation in the animal quarantine isolation yard or a designated
place.
shall be treated medically.
above and which are treated as mentioned in Item (3) do not have any disease
found through quarantine, and if the animal products as mentioned in Item
(4) passed the examination of quarantine after sterilization, they shall be
allowed to be imported.
objects of quarantine and quarantinable insect vectors are found through
quarantine, a "Quarantine Disposal Notice" shall be signed and issued
according to different circumstances and the declarer(s) shall be notified
to dispose of the same separately in ways such as fumigation, sterilization,
controlled use, return or destruction. They shall be allowed to be imported
if they passed the examinations after such neutralizing treatments as
fumigation, sterilization, etc..
animal products and vegetable products shall be carried out in the ports of
import.
Husbandry and Fishery for approval if they shall be transported to a designated
inland place for disposition due to the limitation of the conditions in the
port or other causes. In the course of transportation and handling, strict
measures shall be adopted to prevent the epidemic situation from proliferating
and a notice shall be given to the local quarantine department for
supervision.
warehouses, means of transport, bedding and padding materials, breeding
tools, etc. which are contaminated by the objects of quarantine or
quarantinable insect vectors as required by the port animal and plant
quarantine authorities.
is found in imported animals, plants, animal products or vegetable products
through quarantine, the port animal and plant quarantine authorities shall
issue quarantine certificates according to different circumstances.
(including cultures of bacteria, cultures of viruses, biological products) and
other harmful organisms;
to a country or area in a serious epidemic situation as well as susceptible
animal products and vegetable products;
publicly announced by the Ministry of Agriculture, Animal Husbandry and
Fishery. If it is necessary, to import any of them for scientific research, an
application shall be made in advance for the special approval by the Ministry
of Agriculture, Animal Husbandry and Fishery.
Chapter III Export Quarantine
animal products to be exported are required to be quarantined, the export
unit or its agent shall file a declaration for quarantine in advance, submit
the quarantine certificate from the place of production and declare the same
at the port animal and plant quarantine authorities for quarantine.
the authorities concerned after passing the requisite examination.
the import and export commodity inspection authorities.
which quarantinable insect vectors are found through quarantine shall be
prohibited from export or shall go through neutralizing treatments before
export.
bedding and padding materials, breeding tools, etc. shall be dealt with as
stipulated in Article 13 of these Regulations.
Chapter IV The Quarantine of Articles Carried by Travellers
carried or consigned by the travellers or communications staff entering the
territory shall be put in quarantine on the spot in port. They shall be
cleared if no objects of quarantine are found through quarantine; those in
which the objects of quarantine are found shall be prohibited from entering
the territory or released only after sterilization. If no quarantine results
can be obtained on the spot, such articles shall be kept in custody pending
further quarantine and the owner shall be informed of the final disposition
of the articles after the quarantine results are obtained.
communications staff shall go through epidemic prevention check before being
permitted to enter the territory.
carried or consigned by the travellers or communications staff leaving the
territory shall be put in quarantine with clearance certificates granted in
accordance with the circumstances.
Chapter V The Quarantine of International Mail Parcels
shall be quarantined by the port animal and plant quarantine authorities. A
parcel without and objects of quarantine found through quarantine shall be
cleared by putting a mailing clearance stamp on the parcel. A "Quarantine
Disposal Notice" shall be signed and issued after the quarantine of a parcel
in which the objects of quarantine are found and sent together with the parcel
to the addresses by post. A parcel failing to go through quarantine shall be
returned with a return-label to the sender by post. A "Quarantine Disposal
Notice" shall be signed and issued for a parcel to be destroyed and the
notice shall be sent to the sender by post. Raw animal products shall be
prohibited from entering the territory by post (a small quantity of sample
excepted).
of the territory shall be put in quarantine with clearance certificates
granted according to circumstances.
Agriculture, Animal Husbandry and Fishery for the importation of daily harmful
injurious insects, animal or plant pathogenic micro-organisms (including the
cultures of bacteria, the cultures of viruses, biological products) and other
harmful organisms as well as the natural enemies of diseases and insect pests.
Chapter VI Transit Quarantine
products in transit through the territory, the carrier shall file a
declaration or a waybill for quarantine and declare them at the port animal
and plant quarantine authorities for quarantine at the port of entry. This
shall be presented together with the quarantine certificate from the country
of origin. They shall not be quarantined again at the port of exit.
by a train, truck or aircraft through the territory change means of transport
in one of China's ports, the exteriors of their packages shall be examined;
if they pass through the territory in the original vehicle, the exterior of
the vehicle shall be examined. If no objects of quarantine are found through
quarantine, a "Quarantine Clearance Notice" shall be signed and issued or a
quarantine clearance stamp shall be affixed on the waybill so as to permit
them to go through. If any objects of quarantine are found, the articles
shall be wholly returned. The contaminated places, tools, etc. shall be dealt
with as stipulated under Article 13 of these Regulations.
through quarantine, they shall be permitted to pass through the territory, if
any objects of quarantine are found in them, they shall be wholly returned.
The contaminated places, tools, etc. shall be dealt with as stipulated under
Article 13 of these Regulations.
animals in transit shall be treated in designated places and shall not be
cast away indiscriminately.
transit, the carrier shall be notified to replace the fodder and the original
fodder shall be sterilized on the spot.
Chapter VII Punishments
criticized, disciplined or fined according to different circumstances. For
serious cases, punishments shall be given by judicial authorities according
to law.
Chapter VIII Supplementary Provisions
port animal and plant quarantine authorities when they are executing their
duties in ports, airports, stations, post offices, warehouses, etc.
quarantine, the declarer(s) shall be present, when necessary, to render such
assistance as moving, opening and repacking packages, etc.
quarantine authorities take samples.
plant quarantine authorities concerned in time of the quarantine clauses in
any agreements or trade contracts entered into and signed with foreign
countries.
quarantine duties, they shall wear quarantine uniform and insignia.
quarantine fees in the execution of quarantine and the procedures for such
collection shall be formulated by the Ministry of Agriculture, Animal
Husbandry and Fishery.
be formulated by the Ministry of Agriculture, Animal Husbandry and Fishery
jointly with the Ministry of Forestry.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotqoiaeaap677