Laws of the People's Republic of China

State Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No. 56

The Measures for the Administration of the Quarantine of the Articles Carried by Persons on Entry or Exit were deliberated and adopted at the executive meeting of the State Administration of Quality Supervision, Inspection and Quarantine on September 28th, 2003. They are hereby promulgated and shall come into force as of January 1st, 2004.

Li Changjiang, Director General

November 6th, 2003

The Measures for the Administration of the Quarantine of the Articles Carried by Persons on Entry or Exit

Chapter I General Provisions

Article 1

In order to prevent contagious or parasitic diseases of animals, diseases, insect pests and weeds dangerous to plants, and other harmful organisms from spreading into or out of the country, to protect the human health as well as the safety of agriculture, forestry, animal husbandry and fishery, the present Measures are formulated in accordance with the Law of the People's Republic of China on the Quarantine of Animals and Plants on Entry or Exit, the Detailed Rules for the Implementation of the Law of the People's Republic of China on the Quarantine of Animals and Plants on Entry or Exit, the Frontier Health and Quarantine Law of the People's Republic of China, the Detailed Rules for the Implementation of the Frontier Health and Quarantine Law of the People's Republic of China and relevant other laws and regulations.

Article 2

"Persons on entry or exit" as mentioned in the present Measures refers to the passengers entering or exiting China (including personnel of diplomatic institutions who enjoy diplomatic or consular privilege and immunity), other persons and the staff of vehicles.

"Carry" as mentioned in the present Measures refers to a person takes the articles with himself or has them carried by the train, ship, plane or other vehicles that he is taking.

Article 3

When entering or exiting China, a person who carries any of the following articles shall declare to the entry-exit inspection and quarantine institution and accept quarantine; a person who fails to do so shall be prohibited from entering or exiting China.

(1)

Animals and plants, their products and other quarantine items on entry;

(2)

Microbes, human tissues, biological products, blood and blood products and other special articles (hereinafter referred to as the special articles) on entry or exit;

(3)

Skeletons, bone ash, corpse and coffins with corpse on entry or exit;

(4)

The baggage and articles entering or exiting China coming from an affected region or polluted by a contagious disease or probably spreading a contagious disease; and

(5)

Other articles that shall declare and be subject to quarantine at the entry-exit inspection and quarantine institutions.

Article 4

Any of the articles listed in Article 5 , Paragraph (1) of the Law of the People's Republic of China on the Quarantine of Animals and Plants on Entry and Exit, the Catalogue of the People's Republic of China of the Plants Prohibited from Entering China under Entry Plant Quarantine, the Catalogue of the Animals, Animal Products and Other Quarantine Articles Prohibited from Being Carried or Posted into China, the blood products and used articles as prescribed explicitly by the State and other relevant articles prohibited from entering China shall be prohibited from entry.

Article 5

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ) shall be liable for the nationwide administration of the quarantine of the articles carried by persons on entry or exit, and the entry-exit inspection and quarantine institutions dispatched by the SAQSIQ at all places shall be liable for the quarantine of the articles carried by the persons on entry or exit and the supervision over the quarantine work within their respective administrative area.

Article 6

Upon the quarantine of an inspection and quarantine institution, where it is found there exists quarantine risk in the carried articles, a pre-warning and fast response procedure shall be started in accordance with relevant provisions.

Chapter II Quarantine Examination, Approval and License

Article 7

A person who carries plant seeds, seedlings or other reproductive materials shall, according to relevant provisions, go through the formalities for quarantine examination and approval in advance. In case he is unable to do so under any special circumstance, he shall make up the relevant formalities for animal and plant quarantine examination and approval according to relevant provisions. Those carrying animals and plants or their products beyond the scope as provided in the preceding paragraph on entry who are required to go through the formalities for quarantine examination and approval according to relevant provisions shall submit an application to the SAQSIQ for going through the formalities for animal and plant quarantine examination and approval.

Article 8

On account of scientific research or other special purposes, a person who carries any of the articles prohibited from entering China as listed in Article 5 , paragraph 1 of the Law of the People's Republic of China on the Quarantine Animals and Plants on Entry or Exit shall submit an application to the SAQSIQ for going through the special formalities for animal and plant quarantine examination and approval.

Article 9

When entering or exiting China, a person who carries special articles shall handle the formalities for health and quarantine examination and approval in advance according to relevant provisions.

Article 10

When entering or exiting China, a person who carries a corpse or skeleton shall handle the formalities for obtaining a Health and Quarantine License according to relevant provisions.

Chapter III Declaration and On-the-Spot Quarantine

Article 11

When entering China, a person who carries any of the articles as listed in Article 3 , paragraph (1) of the present Measures shall faithfully fill in the Quarantine Declaration Form on Entry, shall declare quarantine items to the inspection and quarantine institution and accept the quarantine of the inspection and quarantine institution.

Article 12

When entering or exiting China, a person who carries any of the articles as listed in Article 3 , Paragraph (2) through (5) shall faithfully declare the quarantine items to the inspection and quarantine institution and accept the quarantine of the inspection and quarantine institution. In the event of entry, he shall faithfully fill in the Quarantine Declaration Form on Entry as well according to relevant regulation.

Article 13

A quarantine inspection and quarantine institution may conduct on-the-spot inspection in the passages and baggage claim area for persons on entry or exit, and conduct on-the-spot quarantine on the declared items; with regard to any possible undeclared articles as prescribed in the present Measures, it may inquire the persons concerned and conduct sample inspection, and may open the trunks (bags) for inspection when necessary.

Article 14

When entering China, a person who carries special articles shall, according to relevant provisions, present a Health and Quarantine Form of Examination and Approval for Special Articles on Entry or Exit (hereinafter referred to as the Health and Quarantine Form of Examination and Approval). A person who carries blood products or biological products for his own use shall only present the certification issued by a relevant hospital. The quantity of the aforesaid items shall be limited to a period of treatment as determined in the prescription or specification.

The inspection and quarantine institutions shall conduct on-the-spot inspection and quarantine on the special articles on entry or exit according to the requirements as provided in the Health and Quarantine Form for Examination and Approval and relevant provisions.

With regard to a person who fails to present a Health and Quarantine Form for Examination and Approval, the inspection and quarantine inspection institution shall temporarily withhold the special articles on entry or exit and shall issue an Evidence of Quarantine / Treatment of Articles Carried by Persons on Entry or Exit (hereinafter referred to as Evidence for Quarantine/ Treatment. The special articles withheld shall be sealed up and preserved at a place designated by the inspection and quarantine institution for not any more than 30 days, and the relevant preservation fees within the period shall be paid by the person on entry or exit.

Article 15

When entering or exiting China, a person who carries a corpse or skeleton shall, according to relevant provisions, provide the death certificate of the dead and other relevant documents.

The inspection and quarantine institute shall conduct on-the-spot quarantine over the skeleton or corpse on entry or exit according to relevant provisions.

Article 16

The inspection and quarantine institutions shall, according to relevant provisions, conduct on-the-spot quarantine over any baggage and articles on entry or exit that are from an affected region, are polluted by a contagious disease or possibly spread a contagious disease.

Article 17

A person carrying plant seeds, seedlings or other reproductive materials that are allowed to enter China shall present a Quarantine Form for Introducing Seeds and Seedlings for Examination and Approval or Quarantine Form of Examination and Approval for Introducing Seeds, Seedlings and Other Reproductive Materials (hereinafter referred to as the Quarantine Form of Examination and Approval for Seeds and Seedlings).

When entering China, a person, who carries any animal, plant, and products of such animal or plant that are subject to quarantine examination and approval or those that are be subject to special quarantine examination and approval, shall present the Animals & Plants Entry Quarantine License of the People's Republic of China (hereinafter referred to as the Quarantine License) issued by the SAQSIQ and other relevant documents.

The inspection and quarantine institutions conduct on-the-spot quarantines to the animals, plants, and the products of such animals or plants as well as other things subject to quarantine as provided for in Paragraphs 1 & 2 of the present Article as required by the Approval Form for Seeds and Seedlings or the Quarantine License or any other relevant provisions.

With regard to a person who fails to present the Quarantine Form of Examination and Approval for Seeds and Seedlings, the Quarantine License or other relevant documents, the inspection and quarantine institution shall temporarily withhold the animals, plants, animal or plant products and other quarantine products carried by him on entry and shall issue an Evidence of Quarantine / Treatment to him. The aforesaid articles withheld temporarily shall be sealed up at a place designated by the inspection and quarantine institution for not exceeding 7 days, and the relevant preservation fees within the period shall be paid by the person on entry or exit.

Article 18

When entering China, a person who carries any animal permitted to enter China shall present a valid quarantine certificate issued by an official animal quarantine institution of the exporting country or region; with regard to a person carrying dogs or cats on entry, the cats or dogs shall not exceed the quota, and the person shall present a valid inoculation certificate.

The inspection and quarantine institution shall conduct on-the-spot quarantine over the animals that are allowed to enter China according to relevant provisions.

Where a person fails to present a valid quarantine certificate or an inoculation certificate, the inspection and quarantine institution shall temporarily withhold the animals on entry and shall issue an Evidence of Quarantine / Treatment. The aforesaid animals shall be segregated at a segregation place designated by the inspection and quarantine institution for not any more than 7 days, and the relevant expenses shall be dealt with according to relevant provisions.

Article 19

When exiting China, a person who carries animals or plants or products of such animals or plants and other quarantine articles shall present relevant certifications as required by relevant provisions.

Where there are quarantine requirements for the animals, plants, or products of such animals or plants, and other quarantine objects in an exporting country (region), the persons entering or exiting this country or region shall file an application, and the inspection and quarantine institution shall conduct quarantine and issue relevant documents according to relevant requirements.

Chapter IV Quarantine Clearance and Treatment

Article 20

With regard to the articles carried by a person on entry or exit that pass the on-the-spot quarantine of the inspection and quarantine institution, quarantine clearance shall be done on the spot.

Article 21

With regard to the articles withheld temporarily on account of failure of presenting relevant valid documents, the person entering or exiting China shall supplement relevant valid documents within the time limit for withholding the articles; for those who pass the quarantine of the inspection and quarantine institution, quarantine clearance shall be done, and the person entering or exiting China shall take away the articles within the time limit for the temporary withholding of the articles on the strength of the Evidence of Quarantine / Treatment.

Article 22

After the quarantine of an inspection and quarantine institution, where it is necessary to make laboratory quarantine, segregated quarantine or sanitary harm-elimination treatment to the articles carried by a person on entry or exit, the inspection and quarantine institution shall withhold the aforesaid articles and issue an Evidence of Quarantine / Treatment.

The expenses of and time limit for the withholding, segregation and quarantine shall be carried out in accordance with relevant provisions.

Where the articles pass the laboratory quarantine, segregation quarantine or sanitary harm-elimination treatment of the inspection and quarantine institution, a quarantine clearance shall be done. The person on entry or exit shall take away the articles within the time limit for withholding on the strength of Evidence of Quarantine / Treatment.

Article 23

Under any of the following circumstances, the articles carried by a person on entry or exit shall be subject to sanitary harm-elimination treatment in accordance with relevant provisions:

(1)

Finding any of the specified diseases or pests in the animals, plants, or products of such animals or plants or other quarantine articles on entry;

(2)

The corpse or skeleton on entering or exiting China doesn't meet the sanitary requirements;

(3)

The baggage and articles on entry or exit come from an affected region of an epidemic disease, or are polluted by a epidemic disease, or possibly spread an epidemic disease; or

(4)

Other circumstances in which sanitary harm-elimination treatment shall be made.

Article 24

Under any of the following circumstances, the articles carried by a person on entry or exit shall, according to relevant provisions, be returned or destroyed within a time limit:

(1)

The articles carried are inconsistent with the description of the documents submitted by the person concerned;

(2)

The articles are withheld temporarily because of the person's failures of presenting valid documents and supplementing valid documents within the time limit for withholding;

(3)

The articles fail to pass the quarantine (including on-the-spot quarantine) and there is no effective method for making sanitary harm-elimination treatment;

(4)

The animals on entry exceeds the quota;

(5)

Falling within the scope of articles prohibited from entering China as provided for in the law and regulation; or

(6)

Other circumstances in which the articles shall be returned or destroyed within a time limit.

Article 25

With regard to any of the articles withheld (including those withheld temporarily) that passes the quarantine and shall be taken away within a time limit, if not taken away within the time limit or waived voluntarily by the person entering or exiting China in written statement, the articles shall be regarded as unclaimed and be handled by the inspection or quarantine institution in accordance with the law.

Chapter V Legal Liabilities

Article 26

Whoever refuses to fill in a Quarantine Declaration Form on Entry shall be given a warning or imposed on a fine of 1, 000 Yuan or less by the inspection and quarantine institution.

Article 27

A person who conducts any of the following violations shall be imposed on a fine of 5, 000 Yuan or less by the inspection and quarantine institution:

(1)

When entering China, a person carries any of the animals or plants or products of such animals or plants or other quarantine articles as provided for in the present Measures, but fails to declare the items to the inspection and quarantine institution, fails to go through the quarantine formalities, or fails to act as is required by the quarantine examination and approval;

(2)

The declared animals or plants or products of such animals or plants or other quarantine articles are not the same as they really are;

With regard to whoever acts as is required by Item (2) of the preceding paragraph, the quarantine documents he has obtained, if any, shall be canceled.

Article 28

Whoever conducts any of the following violations shall be given a warning or imposed on a fine of 100 Yuan up to 5, 000 Yuan:

(1)

Forging or altering any sanitary quarantine documents;

(2)

Concealing the carrying of any special articles prohibited from entering China;

(3)

Concealing the carrying of any articles that possibly spread an epidemic disease; or

(4)

Loading or unloading the baggage and articles without the permission of the inspection and quarantine institution.

Article 29

Without permission of the inspection and quarantine institution, whoever moves or carries away the corpse or skeleton entering or exiting China shall be imposed on a fine of not less than 1, 000 Yuan but not more than 10, 000 Yuan by the inspection and quarantine institution.

Article 30

With regard to a person who carries used articles and fails to file a declaration of the items to the inspection and quarantine institution, but enters or exits China without submitting the articles for sanitary treatment by the inspection and quarantine institution and without being issued relevant documents, he shall be imposed on a fine of not less than 3, 000 Yuan but not more than 30, 000 Yuan.

Article 31

Whoever, without the permission of the inspection and quarantine institution, transfers or disposes of any of the articles that are withheld or segregated in the place as designated by the inspection and quarantine institution shall be imposed a fine of not less than 3, 000 Yuan but not more than 30, 000 Yuan.

Article 32

With regard to a person who conducts any of the following violations, if the violation doesn't constitute a crime or the criminal circumstance is obviously minor, thus he is subject to no criminal punishment in jure, the inspection and quarantine institution shall impose on him a fine of not less than 20, 000 Yuan but not more than 50, 000 Yuan:

(1)

Causing serious animal or plant epidemic situation; or

(2)

Forging or altering animal or plant quarantine documents.

Article 33

Any one on entry or exit who refuses or hinders the inspection and quarantine institution and their functionaries from performing their functions shall be dealt with by relevant departments in accordance with the law.

Article 34

When enforcing the administrative punishments provided for in the present Measures, the inspection and quarantine institutions shall abide by the provisions on the procedures of administrative punishments as prescribed in relevant law or regulation; whoever violates any of the relevant provisions shall be subject to relevant liabilities in accordance with the law.

Article 35

The functionaries shall enforce the law impartially, be devoted to their duties, shall not abuse their authorities, neglect their duties, or malpractice to seek private benefits. Whoever violates the law or his duties shall be subject to relevant liabilities in accordance with the law.

Chapter VI Supplementary Provisions

Article 36

The responsibility to interpret the present Measures shall remain with the SAQSIQ.

Article 37

The present Measures shall come into force as of January 1st, 2004.