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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1997-07-03 | Effective Date | 1998-01-01 |
|
Animal Epidemic Prevention Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Prevention of Animal Epidemics
Chapter III Control and Extermination of Animal Epidemics
Chapter IV Quarantine of Animals and Animal Products
Chapter V Supervision over Animal Epidemic Prevention
Chapter VI Legal Liability
Chapter VII Supplementary Provisions Article 1 This Law is enacted for the purpose of intensifying the Article 2 This Law is applicable to animal epidemic prevention activities For quarantine of entry and exit animals or animal products, the Law of Article 3 "Animal" referred to in this Law means livestock, poultry and "Animal product" referred to in this Law means animals' raw hides, "Animal epidemic" referred to in this Law means animal infectious "Animal epidemic prevention" referred to in this Law includes prevention, Article 4 Quarantine inspection and supervision shall be conducted Article 5 The state institutes a policy of focusing on prevention of Article 6 The animal husbandry and veterinary administrative department The animal husbandry and veterinary administrative departments under local The supervising agencies for animal epidemic prevention under people's The supervising agencies for animal epidemic prevention in the armed Article 7 People's governments at all levels shall strengthen the Article 8 The state encourages and supports scientific research on animal Article 9 Any unit or individual that has made achievements or Article 10 In the light of seriousness of damage caused by animal (1) Epidemics of Class I refer to those which cause serious damage to (2) Epidemics of Class II refer to those which can cause great economic (3) Epidemics of Class III refer to those which are so common and so A detailed catalogue of epidemics of the three classes mentioned in the Article 11 The animal husbandry and veterinary administrative department The animal husbandry and veterinary administrative department under the The state practises a system of immunization planning for execution of For other animal epidemics than those subjected to compulsory Article 12 The state should take measures to prevent and exterminate Medicine, biological products or other relevant materials needed in Article 13 The supervising agencies for animal epidemic prevention shall Animal epidemic prevention organs in townships, nationality townships and Article 14 Units and individuals that engage in raising or marketing of Article 15 Any animal farm should exterminate animal epidemics in time. Article 16 Means of transport, padding materials and packing materials Animals infected with epidemic diseases and their excrement, products made Article 17 The storage, use and transportation of animal-borne pathogenic The transportation of animal epidemic materials for special need in Any unit engaging in scientific research on animal epidemics shall, Article 18 Marketing of any animal or animal product in the following (1) those related to an animal epidemic disease occurring in a (2) those susceptible to an epidemic disease in an epidemic area; (3) those subjected to quarantine inspection according to law but failing (4) those infected with an epidemic disease; (5) those which died of illness or died due to an unidentified cause; or (6) those not listed above but failing to conform to the state provisions Article 19 The animal husbandry and veterinary administrative department Article 20 Any unit or individual that finds an animal(s) having an No unit or individual may conceal, falsely report or hinder another person Article 21 In the case of an animal epidemic of Class I, the animal The local people's government at or above the county level shall organize During the sanitary cordon, animals or animal products having the epidemic Where the epidemic area involves two or more administrative regions, the Article 22 In the case of an animal epidemic of Class II, the animal The local people's government at or above the county level shall, when Article 23 The disestablishment of the epidemic point, the epidemic area Article 24 In the case of an animal epidemic of Class III, the people's Article 25 The provisions of Article 21 in this Law shall apply if an Article 26 For the purpose of control or extermination of major animal Article 27 In the case of an epidemic disease contracted commonly by both Article 28 Any unit or individual within an epidemic area shall observe Article 29 In the case of an animal epidemic, transportation departments Article 30 Supervising agencies for animal epidemic prevention shall, in Article 31 Supervising agencies for animal epidemic prevention shall have The animal husbandry and veterinary administrative departments at or above Quarantine officers shall observe quarantine rules in carrying out Article 32 The state exercises slaughter at designated points and The people's governments of provinces, autonomous regions and Supervising agencies for animal epidemic prevention shall carry out Article 33 For quarantine of livestock like pigs and other animals Article 34 Supervising agencies for animal epidemic prevention shall Article 35 Supervising agencies for animal epidemic prevention shall not Article 36 Those who intend to introduce breeding animals and their Article 37 Wild animals having been caught by man which are likely to Article 38 If any animal or animal product has passed quarantine If any animal or animal product has not passed quarantine inspection, the Article 39 Animals can be sold, transported, put on display, shows or Article 40 The quarantine certificate shall not be transferred, altered The format and control measures for the quarantine certificate shall be Article 41 Supervising agencies for animal epidemic prevention shall In performing duties of monitoring and supervision, supervising agencies Article 42 Any consignor of animals or animal products to be transported Supervising agencies for animal epidemic prevention shall have the right Article 43 Functionaries of animal epidemic prevention supervision shall Supervising agencies for animal epidemic prevention and their staff shall Article 44 Selecting sites and designing for works of animal farms, Article 45 Raising and marketing of animals or production and marketing Diagnosis and treatment of animals shall be engaged in by qualified Persons suffering from epidemic diseases contracted commonly by both human Article 46 Any violator of the provisions of this Law who commits any of (1) failing to vaccinate or disinfect for immunization timely animals he (2) failing to clean and disinfect means of transport, padding materials (3) failing to dispose of animals infected with epidemic diseases and Article 47 Any violator of the provisions of Article 17 of this Law who Article 48 Any violator of the provisions of this Law who markets any of (1) those related to an animal epidemic occurring in a cordoned-off (2) those susceptible to an epidemic in an epidemic area; (3) those subjected to quarantine inspection according to law but failing (4) those infected with an epidemic; (5) those which died of illness or died due to an unidentified cause; or (6) those not listed above but failing to conform to the state provisions Article 49 Any violator of the provisions of this Law who markets animals Article 50 Any violator of the provisions of Article 42 of this Law who Article 51 If anyone transfers, alters or forges the quarantine Article 52 If a unit engaging in raising or marketing of animals, or Article 53 If a unit, in violation of the provisions of this Law, Article 54 Any violator of the provisions of this Law who evades Article 55 If any animal quarantine officer, in violation of the If the illegal act mentioned in the preceding paragraph causes damage to Article 56 Any supervisor of animal epidemic prevention who abuses Article 57 Whoever hinders a supervisor of animal epidemic prevention in Article 58 This Law comes into effect as of January 1, 1998.
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Chapter I General Provisions
administration of animal epidemic prevention, preventing, bringing under
control and exterminating animal epidemics, promoting the development of
livestock, fish breeding and poultry raising and protecting human health.
within the territory of the People's Republic of China.
the People's Republic of China on the Entry and Exit Animal and Plant
Quarantine shall apply.
other animals raised by man or caught legally.
hairs, semen, embryos and breeder eggs as well as non-processed products such
as trunks, grease, viscera, blood, down, bones, horns, heads and hoofs.
diseases and parasitic diseases.
control and extermination of animal epidemics as well as quarantine of animals
and animal products.
pursuant to this Law over trunks, heads and viscera of slaughtered animals.
Those up to standards for foods after quarantine inspection shall be subjected
to hygienic inspection and supervision in accordance with the provisions of
the Food Hygiene Law of the People's Republic of China.
animal epidemics.
under the State Council shall be in charge of animal epidemic prevention
throughout the country.
people's governments at or above the county level shall be in charge of animal
epidemic prevention within their respective administrative areas.
governments at or above the county level shall execute animal epidemic
prevention and supervision on animal epidemic prevention.
forces shall be responsible for epidemic prevention for active-duty animals
in the armed forces and animals raised by the armed forces for their own use.
leadership over animal epidemic prevention.
epidemic prevention, spreads advanced achievements of scientific research,
popularizes scientific knowledge of animal epidemic prevention, and improves
the level of animal epidemic prevention.
contributions in animal epidemic prevention or scientific research on animal
epidemic prevention shall be rewarded by the people's government or the animal
husbandry and veterinary administrative department.
Chapter II Prevention of Animal Epidemics
epidemics to the breeding production and human health, animal epidemics under
the control by this Law are composed of three classes:
humans and animals and need to take urgent, rigorous measures to compulsorily
prevent, bring under control or exterminate them.
losses and need to take strict measures to bring under control or exterminate
them and avoid their spread.
frequently occur that great economic losses may be caused and control and
purifying measures are required.
preceding paragraph shall be fixed and published by the animal husbandry and
veterinary administrative department under the State Council.
under the State Council shall formulate the national plan for animal epidemic
prevention.
State Council shall, in the light of animal epidemic situation abroad and at
home and in accordance with the requirements for protection of the breeding
production and human health, formulate and publish in time measures for animal
epidemic prevention.
compulsory immunization against animal epidemics which cause serious damage to
the breeding production and human health. A catalogue of animal epidemics
subjected to compulsory immunization shall be formulated and published by the
animal husbandry and veterinary administrative department under the State
Council.
immunization, the animal husbandry and veterinary administrative departments
under local people's governments at or above the county level shall formulate
prevention plans and report them to the people's governments at the same level
for approval and implementation.
animal epidemics which cause serious damage to the breeding production and
human health.
prevention and extermination of animal epidemics shall be reserved in a proper
quantity and shall be included in the plan for national economy and social
development.
strengthen animal epidemic prevention by conducting popularization and
education, technical advice, technical training and consultancy services and
shall organize the implementation of plans for immunization against animal
epidemics.
towns shall, under the guidance of the supervising agencies for animal
epidemic prevention, organize the prevention of animal epidemics.
animals, or production or marketing of animal products shall, pursuant to
this Law and the relevant state provisions, complete planned immunization
against and prevention of animal epidemics, and shall accept the monitoring
and supervision from the supervising agencies for animal epidemic prevention.
Stud stock and breeding poultry shall be kept healthy up to the standards set
by the state.
for animals or animal products shall meet the requirements for animal epidemic
prevention set by the animal husbandry and veterinary administrative
department under the State Council.
from animals infected with epidemic diseases, and carcasses of animals which
died of illness or died due to an unidentified cause must be disposed of
according to the relevant provisions of the animal husbandry and veterinary
administrative department under the State Council and shall not be dealt with
at will.
microorganisms shall conform to the management systems and operational rules
set by the state.
scientific research, teaching and epidemic prevention shall conform to the
relevant state provisions.
according to the relevant state provisions, conduct strict management of
experimental animals in order to prevent the spread of animal epidemics.
categories shall be prohibited:
cordoned-off epidemic area;
to undergo or pass quarantine inspection;
regarding animal epidemic prevention.
Chapter III Control and Extermination of Animal Epidemics
under the State Council shall exercise unified control over and publish animal
epidemic information nationwide, or may, when necessary, authorize the animal
husbandry and veterinary administrative departments under people's governments
of provinces, autonomous regions and municipalities directly under the Central
Government to publish animal epidemic information within their own
administrative regions.
epidemic disease or suspect of having an epidemic disease shall in time report
to the local supervising agency for animal epidemic prevention. The latter
shall promptly take measures and report the case to the higher authority
according to the relevant state provisions.
from reporting animal epidemic information.
husbandry and veterinary administrative department under the local people's
government at or above the county level shall dispatch its personnel to the
scene forthwith to delimit the epidemic point, the epidemic area and the
threatened area, collect epidemic materials, investigate into the epidemic
source, report in time to the people's government at the same level for a
decision of cordoning off the epidemic area, and report the epidemic situation
and the related information level by level to the animal husbandry and
veterinary administrative department under the State Council.
departments and units concerned without delay to take compulsory measures for
control and extermination of the animal epidemic such as isolation, massacre,
destruction, disinfection and emergency immunization vaccination to
exterminate the epidemic disease promptly, and shall inform the neighbouring
areas of the case.
disease or suspect of having the epidemic disease are prohibited from moving
out of the epidemic area, and animals coming from outside the epidemic area
shall be prohibited from entering the epidemic area. As required for the
extermination of the animal epidemic, persons, means of transport and relevant
articles which leave or enter the cordoned-off area shall be disinfected and
imposed upon other restrictions.
decision on the cordon of the epidemic area shall be made by the common
people's government at the next higher level than the concerned administrative
regions, or jointly by the people's governments at the next higher level than
the concerned administrative regions.
husbandry and veterinary administrative department under the local people's
government at or above the county level shall delimit the epidemic point, the
epidemic area and the threatened area.
necessary, organize departments and units concerned to take control and
extermination measures such as isolation, massacre, destruction, disinfection,
emergency immunization vaccination and imposition of restrictions upon
entering and leaving of the epidemic area by animals, animal products and
relevant articles that are susceptible to the epidemic disease.
and the threatened area and the lifting of the cordon of the epidemic area
shall be announced by the organ that made the original decision.
government at the county or township level shall organize the prevention and
purification of the epidemic according to the plans for animal epidemic
prevention and the provisions of the animal husbandry and veterinary
administrative department under the State Council.
animal epidemic of Class II or Class III spreads violently.
epidemic situations, the supervising agencies for animal epidemic prevention
may dispatch their personnel to the inspecting stations having been set up
according to law by the locality to undertake supervision and inspection. When
necessary, provisional supervising and inspecting stations for animal epidemic
prevention may be set up subject to the approval of the people's government of
the province, autonomous region and municipality directly under the Central
Government in order to perform supervision and inspection.
human beings and livestock, the animal husbandry and veterinary administrative
department, the public health administrative department and other units
concerned shall exchange information on the epidemic situation and shall take
control and extermination measures in time.
the stipulations of the people's government at or above the county level and
its animal husbandry and veterinary administrative department for the control
and extermination of the animal epidemic.
such as civil aviation, railways, highways and waterways shall give priority
to the transportation of personnel and related materials for control and
extermination of the epidemic situation, and post and telecommunications
departments shall deliver and transmit reports on the epidemic situation in
time.
Chapter IV Quarantine of Animals and Animal Products
accordance with the national standards, the trade standards and quarantine
measures set by the animal husbandry and veterinary administrative department
under the State Council, and in the light of the objects to be quarantined,
carry out the quarantine of animals and animal products.
quarantine officers responsible for the quarantine of animals and animal
products. Quarantine officers shall possess the necessary professional skills.
The detailed measures for qualifications and issuance of qualification
certificates shall be formulated by the animal husbandry and veterinary
administrative department under the State Council.
the county level shall step up the training, evaluation and administration of
quarantine officers. No quarantine officer may be permitted to take up the
post for quarantine unless he has obtained the corresponding qualification
certificate.
quarantine and bear liability for the quarantine results.
centralized quarantine of livestock like pigs and other animals.
municipalities directly under the Central Government shall set categories of
livestock and scopes of regions within their respective administrative regions
to practise slaughter at designated points and centralized quarantine.
Specific slaughterhouses (or points) shall be determined by the people's
governments in cities (including cities without districts) and counties after
studies by the departments concerned organized by them.
quarantine of animals slaughtered in slaughterhouses (or points) and affix to
slaughtered animals their uniform stamps for having been inspected. Slaughter
quarantine in slaughterhouses and joint meat processing factories determined
subject to consultation between the animal husbandry and veterinary
administrative department and the commodity circulation department under the
State Council shall be handled pursuant to the relevant provisions of the
State Council and shall be under supervision according to law.
slaughtered by farmers themselves for their own use, the people's governments
of provinces, autonomous regions and municipalities directly under the Central
Government shall formulate control measures.
collect fees for their legal quarantine inspections according to the
provisions of the financial and price control departments under the State
Council and shall not collect other additional fees or repeat charging for the
same item of quarantine.
engage in business activities.
semen, embryos and breeder eggs from another place in the country shall first
apply to the supervising agency for animal epidemic prevention of the locality
for examination and approval of quarantine and shall be subject to quarantine
inspection.
spread animal epidemics shall not be sold and transported before passing
quarantine inspection by the supervising agency for animal epidemic prevention
in the place where the wild animals are caught or where the wild animals are
to be received.
inspection, the supervising agency for animal epidemic prevention shall issue
a quarantine certificate and, at the same time for any animal product, affix
thereto an inspection mark used by the supervising agency for animal epidemic
prevention or seal it with the inspection mark.
owner shall conduct disinfection for epidemic prevention or take other
measures for innocent treatment. If innocent treatment cannot be carried out,
the animal or animal product must be destroyed.
contests on the strength of the quarantine certificate. Animal products can be
sold or transported on the strength of the quarantine certificate and the
inspection mark.
or forged.
formulated by the animal husbandry and veterinary administrative department
under the State Council.
Chapter V Supervision over Animal Epidemic Prevention
conduct supervision on the work of animal epidemic prevention according to
law.
for animal epidemic prevention may collect samples of animals or animal
products, seize them for inspection or make sample inspections, conduct
inspections retroactively or re-inspect animals or animal products with no
quarantine certificates, and may isolate, seal up or dispose of animals having
epidemic diseases or suspected of having epidemic diseases or animal products
contaminated by epidemic diseases.
by railways, highways, waterways or by air must provide the quarantine
certificate in consigning for shipment. Any consignee must undertake the
shipment on the strength of the quarantine certificate.
to supervise and inspect the transportation of animals and animal products
according to law.
produce their certificates in performing duties of supervision and inspection.
Any unit or individual concerned shall lend support and cooperation to them.
not collect fees for supervision and inspection of animal epidemic prevention.
warehouses, slaughterhouses, joint meat processing factories, other designated
slaughterhouses or points and refrigeration sites for animal products shall
conform to the requirements of animal epidemic prevention stipulated by the
animal husbandry and veterinary administrative department under the State
Council.
of animal products by animal farms, slaughterhouses, joint meat processing
factories and other designated slaughterhouses (or points) shall conform to
the requirements for animal epidemic prevention stipulated by the animal
husbandry and veterinary administrative department under the State Council,
and shall be subject to the supervision and inspection of supervising agencies
for animal epidemic prevention.
professional technicians who possess the permit for diagnosis and treatment of
animals issued by the animal husbandry and veterinary administrative
departments.
beings and livestock shall not directly engage in diagnosis and treatment of
animals, raising and marketing of animals or production and marketing of
animal products.
Chapter VI Legal Liability
the following acts shall be given a warning by the supervising agency for
animal epidemic prevention. In case of refusal by the violator to make
corrections, the supervising agency for animal epidemic prevention shall deal
with the case according to law on the part of the violator who shall pay the
expense therefor.
raises or markets as required by the compulsory immunization plan against
animal epidemics and the relevant state provisions;
or packing materials for animals and animal products according to the relevant
state provisions; or
their excrement, products made from animals infected with epidemic diseases,
and carcasses of animals which died of illness or died due to an unidentified
cause according to the relevant state provisions.
stores, uses or transports animal-borne pathogenic microorganisms, or
transports animal epidemic materials shall be given a warning and may be
concurrently fined not more than RMB 2,000 yuan by the supervising agency for
animal epidemic prevention.
the following animals or animal products shall be ordered by the supervising
agency for animal epidemic prevention to stop the business operations and,
with the illegal gains and animals and animal products having not yet been
sold confiscated, to take effective measures to withdraw animals and animal
products having been sold. If the circumstances are serious, the offender may
be concurrently fined less than five times of the illegal gains.
epidemic area;
to pass quarantine inspection;
regarding animal epidemic prevention.
or animal products subjected to quarantine inspection according to law but
without quarantine certificates shall be ordered, with the illegal gains
confiscated, to stop the business operations by the supervising agency for
animal epidemic prevention. Animals or animal products having not yet been
sold shall undergo quarantine inspection retrospectively according to law and
be dealt with according to the provisions of Article 38 of this Law.
fails to implement the provisions for the shipment of animals or animal
products on the strength of the quarantine certificate shall be given a
warning and ordered to make corrections by the supervising agency for animal
epidemic prevention. If the circumstances are serious, the consignor and the
consignee may be separately fined less than three times of the freight.
certificate, the supervising agency for animal epidemic prevention shall
confiscate the illegal gains and withdraw the quarantine certificate. Anyone
who transfers or alters the quarantine certificate shall be concurrently fined
not less than RMB 2,000 yuan and not more than RMB 5,000 yuan; if the illegal
gains exceed RMB 5,000 yuan, the offender shall be concurrently fined not less
than the amount of the illegal gains and not more than three times of that
amount. Anyone who forges the quarantine certificate shall be fined not less
than RMB 10,000 yuan and not more than RMB 30,000 yuan; if the illegal gains
exceed RMB 30,000 yuan, the offender shall be concurrently fined not less than
the amount of the illegal gains and not more than three times of that amount.
If a crime has been constituted, the offender shall be investigated for
criminal responsibility according to law.
production or marketing of animal products, in violation of the provisions of
the first paragraph of Article 45 of this Law, fails to conform to the
requirements for animal epidemic prevention, the supervising agency for animal
epidemic prevention shall give a warning and order it to make corrections. If
it refuses to make corrections, the offender shall be fined not less than RMB
10,000 yuan and not more than RMB 30,000 yuan.
conceals, falsely reports or hinders another person to report animal epidemic
information, the supervising agency for animal epidemic prevention shall give
a warning and concurrently impose a fine not less than RMB 2,000 yuan and not
more than RMB 5,000 yuan. The person in charge directly responsible and other
persons directly responsible shall be imposed administrative sanctions
according to law.
quarantine inspection, resulting in a serious animal epidemic which causes
great losses to the breeding production or does serious harm to human health,
shall be investigated for criminal responsibility according to law.
provisions of this Law, issues the quarantine certificate and affixes the
inspection mark on animals or animal products having not undergone quarantine
inspection or having not passed quarantine inspection, the unit to which he
belongs or the competent authority at the next higher level shall give him a
demerit or disqualify him as an animal quarantine officer. If the
circumstances are serious, the offender shall be discharged from his office.
the interested party, the unit to which the animal quarantine officer belongs
shall bear the liability for compensation.
powers, neglects duties, commits malpractices for selfish gains, conceals or
delays the report on epidemic situations, or forges quarantine inspection
results, if a crime has been constituted, shall be investigated for
criminal responsibility according to law. If a crime has not been constituted,
the offender shall be imposed administrative sanctions.
the performance of duties according to law shall, if a crime has been
constituted, be investigated for criminal responsibility according to law. If
a crime has not been constituted, the offender shall be imposed administrative
penalty for public security violations according to law.
Chapter VII Supplementary Provisions
URL: http://www.asianlii.org/cn/legis/cen/laws/aepl261