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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-12-02 | Effective Date | 1997-01-01 |
|
Regulations for the Implementation of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine |
|---|
Article 1 These Regulations are formulated in accordance with the
provisions of the "Law of the People's Republic of China on the Entry and
Exit Animal and Plant Quarantine" (hereinafter referred to as the Law on the
Entry and Exit Animal and Plant Quarantine).
Article 2 The following objects shall be subject to quarantine in
accordance with the provisions of the Law on the Entry and Exit Animal and
Plant Quarantine and those of these Regulations:
(1) Entry, exit or transit animals and plants, their products and other
quarantine objects;
(2) Containers, packaging materials and bedding materials used for
carrying animals and plants, their products or other quarantine objects;
(3) Means of transport from an animal and plant epidemic area;
(4) Waste vessels for dismantling after entry; and
(5) Other goods and items subject to entry and exit animal and plant
quarantine according to provisions of relevant laws, administrative
regulations and international treaties or as agreed upon in trade contracts.
Article 3 The department of agriculture administration under the State
Council shall be in charge of the entry and exit animal and plant quarantine
in the whole country.
The Bureau of Animal and Plant Quarantine of the People's Republic of
China(hereinafter referred to as the State Bureau of Animal and Plant
Quarantine) shall exercise unified control over the entry and exit animal and
plant quarantine in the whole country, collect information on major
animal and plant epidemics at home and abroad and be responsible for
international cooperation and exchanges in entry and exit animal and plant
quarantine.
The State Bureau of Animal and Plant Quarantine shall establish port
animal and plant quarantine organs in open ports and at places where there is
concentration of entry and exit animal and plant quarantine operations, and
perform entry and exit animal and plant quarantine according to the
provisions of the Law on the Entry and Exit Animal and Plant Quarantine and
these Regulations.
Article 4 In the event that a serious animal or plant epidemic occurs
outside the territory and is liable to spread into the country, the following
emergent preventive measures shall be adopted in the light of the prevailing
conditions:
(1) The State Council may take control measures in the border regions
concerned and may, when necessary, order the ban of entry of means of
transport from the animal and plant epidemic area or seal the ports
concerned;
(2) The department of agriculture administration under the State Council
may publish catalogues of animals and plants, their products and other
quarantine objects the entry of which shall be banned from the country or
region where there is an animal or plant epidemic;
(3) The port animal and plant quarantine organs concerned may take
emergent quarantine measures with regard to the entry objects likely
contaminated by epidemics or pests as listed in Article 2 of these
Regulations; and
(4) The local people's governments of the areas under the threat of
animal or plant epidemic may immediately call the departments concerned to
work out and implement emergent plans, and simultaneously report to the
people's governments at a higher level and the State Bureau of Animal and
Plant Quarantine.
The departments of posts and telecommunications and departments of
transportation shall give top priority to transmitting or transporting
reports concerning serious animal or plant epidemics or materials to be sent
for quarantine inspection.
Article 5 Entry of animals and plants, their products and other
quarantine objects for either official use or private use by foreign
organizations and personnel enjoying diplomatic or consular privileges and
immunity shall be subject to quarantine in accordance with the provisions of
the Law on the Entry and Exit Animal and Plant Quarantine and those of these
Regulations; the port animal and plant quarantine organs shall comply with
the provisions of relevant laws when performing inspection.
Article 6 The customs shall, according to law, coordinate with port
animal and plant quarantine organs in exercising supervision and control over
entry and exit animals and plants, their products and other quarantine
objects. Specific measures shall be formulated by the department of
agriculture administration under the State Council in conjunction with the
General Administration of Customs.
Article 7 The catalogues of animal and plant epidemic areas and
countries and regions where there are animal and plant epidemics referred to
in the Law on Entry and Exit Animal and Plant Quarantine shall be determined
and published by the department of agriculture administration under the State
Council.
Article 8 Units and individuals that make outstanding achievements in Article 9 The State Bureau of Animal and Plant Quarantine or its The organs prescribed by the Regulations on Plant Quarantine shall be Article 10 Procedures of examination and approval of quarantine (1) The exporting country or region has no serious animal or plant (2) The import of which is in compliance with the provisions of the (3) The import of which is in compliance with relevant bilateral Article 11 Procedures of examination and approval of quarantine Article 12 For entry into the country of plant seeds, seedlings and Article 13 For request to transport animals in transit, the owner or his Article 14 In respect of special needs for scientific research, when Article 15 If any of the following circumstances occurs after the (1) Change in category or quantity of entry objects; (2) Change in the exporting country or region; (3) Change in port of entry; or (4) Expiration of the validity of the approval of quarantine inspection. Article 16 The quarantine requirements prescribed by China's law Article 17 The State shall practice the registration system for Article 18 For the import of animals or plants, their products or other For the import of stud stock, their sperms or fetuses, application for For the entry of packaging materials or bedding materials of the nature The packaging materials or bedding materials of the nature of animal or Article 19 An application form for quarantine shall be filled in when Article 20 On arrival at the port of the imported animals or plants, Article 21 On arrival at the port of the means of transport loaded with Article 22 Quarantine functionaries shall perform on-the-spot quarantine (1) For animals: Check to see whether there are clinical symptoms of an (2) For animal products: Check to see whether there are signs of (3) For plants and plant products: Check to see whether the goods and (4) For packing and bedding materials of the nature of animals or (5) For other quarantine objects: Check to see whether the packing are Article 23 Inspection shall be carried out at different levels of bulk Article 24 Imported big or medium-size cattle for breeding purposes Article 25 When the same batch of entry animal or plant products is to Discovery of epidemic in the process of quarantine inspection at the Article 26 The imported animals and plants, animal and plant products Article 27 For import animals or plants, animal or plant products or Article 28 For import animals or plants, their products or other Article 29 The State Bureau of Animal and Plant Quarantine may dispatch Article 30 Illegal entry animals and plants, their products and other Article 31 The owner or his or her agent shall provide the trade Article 32 If the importing country requires China to register the Article 33 Export animals that need to be placed in isolation for Exit plants, animal or plant products and other quarantine objects Article 34 Quarantine inspection of export animals and plants, their (1) provisions relating to animal and plant quarantine of the importing (2) bilateral quarantine agreements; Regulations for the Implementation of the Law of the People's Republic of (3) quarantine requirements clearly defined in the trade contracts. Article 35 The following procedures shall be followed with respect to (1) animals shall be subject to clinical quarantine or re-quarantine by (2) for exit plants, animal or plant products or other quarantine (3) for plants, animal or plant products or other quarantine objects to Article 36 When export animals or plants, their products or other Article 37 The transit(including trans-shipment, same below) of animals Article 38 On arrival of transit animals at the entry port, the entry Article 39 The means of transport, packing and containers carrying Article 40 Any plant seeds, seedlings or other propagating materials Article 41 Whoever enters the country carrying animals or plants, animal Article 42 The port animal and plant quarantine offices may carry out Animal and plant quarantine inspection counters with marks shall be set Article 43 Whoever carries animals into the country must possess a Any plants, animal or plant products or other quarantine objects carried Animals and plants, animal and plant products and other quarantine Article 44 Animals or plants, animal or plant products or other For objects passing the quarantine inspection, the port animal and plant Article 45 Animals or plants, animal or plant products or other Article 46 The port animal and plant quarantine office may carry out The port animal and plant quarantine office shall carry out quarantine Article 47 Fumigation, disinfection and other treatment for the removal Article 48 The port animal and plant quarantine office shall carry out Article 49 Waste ships entering the country for dismantling shall be Article 50 For means of transport entering the country from an animal or Article 51 During the stay of the entry or transit means of transport Article 52 For means of transport to be loaded with exit animals, Means of transport to be loaded with exit plants, animal or plant Article 53 The State Bureau of Animal and Plant Quarantine and the port Article 54 Entry or exit animals, plant seeds, seedlings or other Article 55 Units and personnel engaging in business operations of The port animal and plant quarantine offices shall perform supervision Article 56 Port animal and plant quarantine offices may, according to There shall be no shifting or damage of monitoring apparatus without the Article 57 Port animal and plant quarantine offices may, according to Animal and plant quarantine inspection seals and marks shall be unifiedly Article 58 Entry animals and plants, animal and plant products and other Article 59 Whoever, in violation of law, commits any of the following (1) Failing to apply for quarantine inspection, or failing to go through (2)The animals or plants, their products or other quarantine objects Whoever commits the act described in item (2) of the preceding paragraph, Article 60 Whoever, in violation of law, commits any of the following (1) Unloading from the means of transport or transporting and delivering (2) Transferring or disposing of, without authorization, the animals or (3) Unpacking, without authorization, the packing of transit animals or (4) Casting away, without authorization, transit animals' carcasses, Article 61 If any unit registered in accordance with the provisions of Article 62 Whoever, in violation of law, commits any of the following (1) Causing a major animal or plant epidemic; or (2) Forging or altering the quarantine certificates, stamps, marks or Article 63 If any unit or its personnel engaging in the business Article 64 For the purpose of the Law on the Entry and Exit Animal and (1) "Plant seeds, seedlings and other propagating materials" mean whole (2) "Carrying containers" mean containers used for carrying entry or exit (3) "Other harmful organisms" mean various bio-organisms and pathogenic (4) "Quarantine certificates" mean the legally binding papers issued by Article 65 The expenses required for or losses incurred from performing Article 66 The port animal and plant quarantine organs shall perform Article 67 Provisions for quarantine organs for exit animal products for Article 68 These Regulations shall enter into force as of January 1,
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the implementation of the Law on the Entry and Exit Animal and Plant
Quarantine and these Regulations shall be rewarded.
Chapter II Examination and Approval of Quarantine Inspection
authorized port animal and plant quarantine organs shall be responsible for
the examination and approval of quarantine inspection with respect to the
import of animals, animal products and objects prohibited from entering the
country as listed in Item 1, Article 5 of the Law on Entry and Exit Animal
and Plant Quarantine.
responsible for the examination and approval of quarantine inspection
with respect to the import of plant seeds, seedlings and other propagating
materials.
inspection for import may be processed when the following conditions are
satisfied:
epidemic;
relevant Chinese laws, regulations and rules on animal and plant quarantine;
and
quarantine agreements(including quarantine agreements and aidememoires, same
below) signed between and by China and the exporting countries or regions.
inspection shall be completed before the signing of the trade contracts or
agreements.
other propagating materials by carrying or by post, an application shall be
submitted in advance and formalities for the examination and approval of
quarantine inspection completed; under extraordinary circumstances when the
formalities cannot be completed in advance, the carrier or sender shall
complete the formalities for examination and approval of quarantine
inspection at the port and the same shall be allowed to enter the country
upon the consent of the examination and approval authority and upon
quarantine clearance.
or her agent shall submit a written application to the State Bureau of Animal
and Plant Quarantine in advance and present certifications on the epidemic
situation issued by the animal and plant quarantine authority of the
government of the exporting country or region, the certificate issued by the
animal and plant quarantine organ of the government of the importing country
or region permitting the entry of the same, and illustrate the proposed
transit route. The State Bureau of Animal and Plant Quarantine shall issue
an "Animal Transit Permit" upon examination and approval.
processing the formalities of special examination and approval of quarantine
inspection for objects prohibited from entry as prescribed in paragraph 1,
Article 5 of the Law on Entry and Exit Animal and Plant Quarantine, the
consignor, the owner or his or her agent must submit a written application
describing quantity, use, mode of entry and epidemic prevention measures
after entry, and enclose the remarks by the port animal and plant quarantine
office concerned.
completion of the formalities of examination and approval of quarantine
inspection, the consignor, owner or his or her agent shall once again apply
for the examination and approval of quarantine inspection:
Chapter III Entry Quarantine
referred to in Article 11 of the Law on Entry and Exit Animal and Plant
Quarantine mean the quarantine requirements prescribed by China's laws,
administrative regulations and the department of agriculture administration
under the State Council.
production, processing and stockpiling units of animal and plant products
abroad for export to China. The specific measures shall be formulated by the
department of agriculture administration under the State Council.
quarantine objects, the owner or his or her agent shall apply to the animal
and plant quarantine office at the place of entry before entry or upon entry
for quarantine. In the case of quarantine to be conducted away from the
Customs supervision and control area, the owner or his or her agent shall
notify the animal and plant quarantine office at the port concerned upon
arrival of the same at the designated place. In the case of goods being
shipped to another Customs area, the owner or his or her agent shall, upon
entry, submit a declaration to the animal and plant quarantine office at the
port of entry, and shall submit the same to the port animal and plant
quarantine office at the designated place for quarantine upon arrival of the
same at the designated place.
quarantine shall be submitted 30 days before entry of the same; for the
import of other animals, application for quarantine shall be submitted
15 days before entry of the same; for the import of plant seeds, seedlings or
other propagating materials, application for quarantine shall be submitted
7 days before entry of the same.
of animal or plant, the owner or his or her agent shall submit the
declaration to the port animal and plant quarantine office in time; the
animal and plant quarantine office may perform quarantine of the declared
objects in the light of specific conditions.
plant referred to in the aforesaid paragraph mean the animal products,
plants or plant products used directly as packaging materials or bedding
materials.
applying for quarantine to the port animal and plant quarantine office, and
the quarantine certificate issued by the animal and plant quarantine office
of the government of the exporting country or region, the certificate of
origin, the trade contract, the letter of credit and the invoices, etc. shall
be presented; in the case of necessity of formalities of examination and
approval of quarantine inspection according to law, an approval document for
quarantine inspection shall be submitted. For objects without valid
quarantine certificate issued by the animal and plant quarantine office of
the government of the exporting country or region or in the case of failure
to complete the formalities of examination and approval of quarantine
inspection for the same according to law, the port animal and plant
quarantine office may return or destroy the same objects in the light of the
specific circumstances.
their products or other quarantine objects, the quarantine functionaries may
embark on the means of transport or go to the site of the objects to perform
quarantine inspection, to check whether the goods are in keeping with the
certificates, and may collect samples in accordance with regulations. The
carrier, the owner or his or her agent shall submit the list of loading and
other relevant information to the quarantine functionaries.
animals, persons embarking or disembarking the same and persons close to the
animals shall be subject to epidemic prevention disinfection by the port
animal and plant quarantine office, and shall carry out other on-the-spot
preventive measures adopted by it.
according to the following provisions:
epidemic. Upon discovery of animals suspected to have infected with
infectious diseases or dead animals, the situation shall be verified and
dealt with forthwith with the cooperation of the owner or the escort. For
bedding materials, left-over fodder and excretion of animals, the treatment
of removal of harmful effects shall be carried out by the owner or his or her
agent under the supervision of the quarantine functionaries.
staleness or deterioration and whether the containers and packages are in
perfect condition. For those in line with the required standards, permission
shall be granted for unloading from the means of transport. On discovery of
bail-off or broken or cracked containers, permission shall be granted for
unloading from the means of transport only when the owner or his or her agent
takes the responsibility upon himself or herself to make them good again.
Treatment of disinfection shall be carried out with regard to the concerned
parts of the means of transport as well as the containers, outer packages,
bedding materials and the contaminated sites loading animal products in the
light of prevailing circumstances. In case of necessity of laboratory
quarantine, samples shall be collected in accordance with regulations. For
animal products liable to breed plant insects or animal products mixed with
concealed weed seeds, simultaneous plant quarantine shall be performed.
packing contain plant diseases or insect pests and collect samples as
prescribed. On discovery of plant diseases or insect pests which are likely
to spread, necessary timely epidemic prevention measures shall be taken with
respect to such goods, the means of transport and the loading-unloading
sites. For plant products from the epidemic area of an animal infectious
disease or likely to carry pathogens of animal infectious diseases or
parasitic diseases and used as animal fodder, simultaneous animal quarantine
shall be performed.
plants: Check to see whether they carry diseases or insect pests, are mixed
with concealed weed seeds or carry soil with them, and collect samples as
prescribed.
in perfect condition and whether they are contaminated by diseases or insect
pests. On discovery of breakage or contamination by diseases or insect pests,
treatment for the removal of harmful effects shall be carried out.
animal and plant products carried by ships or trains; inability to carry out
on-the-spot inspection in view of limited storage facilities at the port or
the railway station, the goods may be unloaded and transported to the
designated place for storage with the consent of the port animal and plant
quarantine office. On discovery of epidemic in the process of unloading, the
unloading operation shall be suspended forthwith, and the owner or his or her
agent shall carry out treatment for the removal of harmful effects from the
loaded and unloaded goods in accordance with the requirements of the port
animal and plant quarantine office.
shall be quarantined in isolation for 45 days in an isolated animal
quarantine court set up by the State Bureau of Animal and Plant Quarantine;
other imported animals shall be quarantined in isolation for 30 days in an
isolated animal quarantine court designated by the port animal and plant
quarantine office. Control measures for isolated animal quarantine courts
shall be formulated by the department of agriculture administration under the
State Council.
be unloaded separately at different ports, the port animal and plant
quarantine office shall only perform quarantine of the goods unloaded at the
said port. The port animal and plant quarantine office of the first unloading
port shall notify in time the port animal and plant quarantine offices of
other separate unloading ports of the information on quarantine and
treatment; the port animal and plant quarantine office of the last unloading
port shall unifiedly issue quarantine certificates, when they are needed,
after gathering all necessary information.
separate unloading port which requires on-board fumigation or disinfection,
the port animal and plant quarantine office at the said separate unloading
port shall unifiedly issue quarantine certificates and notify in time the
port animal and plant quarantine offices at other separate unloading ports.
and other quarantine objects shall be quarantined in accordance with the
national or industrial standards of China or the relevant provisions of the
State Bureau of Animal and Plant Quarantine.
other quarantine objects which pass quarantine inspection, the port animal
and plant quarantine office shall affix its stamp on the Customs declaration
form or issue a "Quarantine Clearance Notice". For goods which require to be
transferred from the Customs supervision and control area at the port of
entry for quarantine, the port animal and plant quarantine office at the port
of entry shall issue a "Quarantine Transfer Notice". The owner or his or her
agent shall go through the formalities of Customs declaration, shipment and
delivery on the strength of the stamp affixed by the port animal plant
quarantine office on the Customs declaration form or on the strength of the
"Quarantine Clearance Notice" or "Quarantine Transfer Notice" issued by it.
The Customs shall perform inspection on and issue clearance for the import
animals or plants, their products or other quarantine objects on the strength
of the stamp affixed by the port animal and plant quarantine office on the
Customs declaration form or the "Quarantine Clearance Notice" or "Quarantine
Transfer Notice" issued by it. The departments of transportation and
departments of posts and telecommunications shall effect shipment and
delivery on the strength of the aforesaid form and notices and no further
quarantine shall be performed by other quarantine organs in the country
during shipment and delivery.
quarantine objects that fail to pass quarantine, the port animal and plant
quarantine office shall issue a "quarantine treatment notice", notifying the
owner or his or her agent to carry out treatment for the removal of harmful
effects under the supervision an technical guidance of the port animal and
plant quarantine office; the port animal and plant quarantine office shall
issue quarantine certificates for those seeking claims from foreign
exporters.
quarantine personnel to perform pre-quarantine, supervision over loading or
conduct epidemic investigation in the place of origin according to quarantine
requirements and with the agreement of the organs concerned of the
government of the exporting country or region of the animals or plants or
their products after consultation.
quarantine objects intercepted and captured by the Customs, border control
departments or other departments shall be handed over to the nearest port
animal and plant quarantine office for quarantine.
Chapter IV Exit Quarantine
contract or agreement when going through the formalities of application for
exit quarantine inspection of animals or plants, their products or other
quarantine objects according to law.
production, processing and stockpiling units engaging in export to their
country of animals or plants, their products or other quarantine objects, the
port animal and plant quarantine office may practice registration and report
to the State Bureau of Animal and Plant Quarantine for the record.
quarantine inspection before exit shall be quarantined in an isolation court
designated by the port animal and plant quarantine office. Export plants,
animal or plant products and other quarantine objects shall be quarantined at
the warehouse or depot; they may also be quarantined in the process of
production and processing, if necessary.
awaiting quarantine inspection shall be complete in quantity, with perfect
packing, neat piling and prominent marks.
products and other quarantine objects shall abide by:
countries or regions and China;
China on Entry and Exit Animal and Plant Quarantine
animals or plants, their products or other quarantine objects that have
passed quarantine inspection by the animal and plant quarantine office at the
place of consignment upon arrival at the port of exit:
the port animal and plant quarantine office at the point of exit;
objects with original means of transport from the place of consignment,
clearance shall be given by the exit port animal and plant quarantine office
upon examination of the certificates; for those that change the means of
transport for exit, clearance shall be given upon change of certificates; and
be repackaged upon arrival at the exit port, or different quarantine
requirements to be followed as a result of change of the importing country or
region, or those that exceed the prescribed validity of quarantine, a fresh
application for quarantine inspection shall be submitted.
quarantine objects which have passed the quarantine inspection of the port
animal and plant quarantine office at the place of consignment are to be
transported to the exit port, the departments of transportation and
departments of posts and telecommunications shall effect shipment and
delivery on the strength of the quarantine certificate issued by the port
animal and plant quarantine office at the place of consignment, and no
further quarantine shall be performed by other quarantine organs in the
country.
Chapter V Transit Quarantine
or plants, their products or other quarantine objects requires the carrier or
escort to submit the shipping document and the certification issued by the
animal and plant quarantine organ of the government of the exporting country
or region to the port animal and plant quarantine office at the port of entry
for quarantine inspection; for transit of animals, an "Animal Transit Permit"
issued by the State Bureau of Animal and Plant Quarantine shall be presented
in addition.
port animal and plant quarantine office shall carry out treatment of
disinfection of the means of transport, the outside of the containers and
perform clinical quarantine of the animals, and those having passed the
quarantine inspection shall be permitted to transit. The entry port animal
and plant quarantine office may send out quarantine personnel to supervise
the shipment to the exit port whose animal and plant quarantine office shall
perform no further quarantine inspection.
transit plants, animal and plant products and other quarantine objects must
be in perfect condition. In the case of discovery, upon inspection by the
port animal plant quarantine office, of the possibility of disintegration or
leakage in transit of the means of transport, the packing or containers, the
carrier or escort shall adopt sealing measures as required by the port animal
and plant quarantine office; there shall be denial of transit for inability
to take sealing measures.
Chapter VI Quarantine of Materials Carried by Passengers or by Post
carried or posted into the country without going through the formalities of
examination and approval of quarantine inspection in accordance with law,
shall either be returned or destroyed by the port animal and plant quarantine
office. Reasons for the return of the postal matter shall be given on the
said postal matter and its delivery notice by the port animal and plant
quarantine office; for the postal matter to be destroyed, the port animal and
plant quarantine office shall issue a notice to the sender.
or plant products or other quarantine objects must declare at the Customs and
accept quarantine inspection by the port animal and plant quarantine office
upon entry. The Customs shall hand over the animals or plants, animal or
plant products or other quarantine objects declared or intercepted upon
inspection to the port animal and plant quarantine office in time for
quarantine inspection. No object shall be carried into the country without
quarantine inspection.
on-the-spot inspections in the passenger passage ways or at the baggage
collection points at ports, airports, railway or coach stations, by making
inquiries and carrying out sample inspection of the articles of those who may
carry animals or plants, animal or plant products or other quarantine
products without declaration, or carrying out inspection by opening the
packages(cases) when necessary.
up at the inspection site of entry and exit passengers.
quarantine certificate issued by the animal and plant quarantine organ of
the government of the exporting country or region and clearance shall be
given upon passing the quarantine inspection; those who carry dogs, cats or
other pets into the country must hold a vaccination certificate in addition.
For objects without quarantine certificates or vaccination certificates, the
port animal and plant quarantine offices shall direct that either the said
objects be returned within a specified time limit or be confiscated and
destroyed. For objects to be returned within a specified time limit, those
who carry the objects must receive and carry the same out of the country on
the strength of the interception and detention voucher issued the port animal
and plant quarantine office within the specified time; failure to receive
them within the specified time limit shall be deemed as voluntary
abandonment.
into the country shall be cleared therewith upon passing on-the-spot
quarantine inspection; for those which need to be either clinically
quarantined or quarantined in isolation, the port animal and plant quarantine
office shall issue an interception and detention voucher. For those having
passed the interception quarantine, the carrier shall, on the strength of the
interception and detention voucher, receive them from the port animal and
plant quarantine office; failure to receive the same within the specified
time limit shall be deemed as voluntary abandonment.
objects listed in the catalogues specified in Article 29 of the Law on the
Entry and Exit Animal and Plant Quarantine shall be prohibited from being
carried or posted into the country.
quarantine objects posted into the country shall be quarantined by the port
animal and plant quarantine office at the International Postal Exchange
Bureau(including international postal express delivery companies and other
units engaged in international postal operations, hereinafter referred to
as the post offices). The post offices shall provide the necessary facilities
for the work.
quarantine office shall affix the quarantine inspection clearance stamp on
them and hand them over to the post offices for transportation and delivery.
For those needing to be clinically quarantined or quarantine inspected in
isolation, the port animal and plant quarantine office shall go through the
formalities of handing-over and taking-over with the post offices; those
passing quarantine inspection shall be affixed a quarantine inspection
clearance stamp and handed over to the post offices for transportation and
delivery.
quarantine objects carried or posted into the country, which fail in
quarantine inspection and defy effective treatment for the removal of harmful
effects, shall either be returned or destroyed with a "Quarantine Inspection
Notice" issued to the carrier or sender.
Chapter VII Quarantine of Means of Transport
on-board on-the-spot quarantine inspection of the ships, airplanes or trains
from the animal or plant epidemic areas. The person-in-charge of the means of
transport concerned shall take the inquiry of the quarantine personnel and
sign the record of inquiry, present the logbook, provide information on the
loading of goods and open the holds and cabins for quarantine inspection.
inspection of such places for the storage or use of animal or plant products
as the dining cars, pantries, kitchens, stock-rooms, food cabins, and the
storage places for swills and wastes of the nature of animal or plant of the
means of transport mentioned in the preceding paragraph, which may be hidden
with diseases or insect pests, as well as areas or parts of container bodies;
treatment of disinfection for epidemic prevention shall be carried out when
necessary.
of harmful effects must be carried out for ships, airplanes or trains from
the animal or plant epidemic areas upon discovery of diseases or insect pests
specified in the catalogues prescribed in Article 18 of the Law on Entry and
Exit Animal and Plant Quarantine after quarantine inspection. Animals and
plants, their products and other quarantine objects prohibited from entering
the country must be sealed up or destroyed on discovery. The sealed objects
shall not be unsealed and used without the permission of the port animal and
plant quarantine office during their stay or movement within China. Treatment
for the removal of harmful effects shall be carried out of the swills and
wastes of the nature of animal or plant as well as the storage places and
containers of the means of transport under the supervision of the port animal
and plant quarantine office.
treatment of disinfection and on vehicles entering the country from an animal
or plant epidemic area for epidemic prevention. In the case of discovery of
diseases or insect pests upon quarantine inspection on vehicles loaded with
entry animals or plants, their products or other quarantine objects, the
vehicle and the goods shall be treated to remove the harmful effects. For
vacant return rolling stocks carrying animals for the supply to Hongkong or
Macao, whole-train disinfection shall be carried out for epidemic prevention.
quarantined by the port animal and plant quarantine office. In the event that
diseases or insect pests are discovered, treatment for the removal of harmful
effects shall be carried out under the supervision of the port animal and
plant quarantine office. In the event that animals or plants, their products
or other quarantine objects prohibited from entering the country are
discovered, the same shall be destroyed under the supervision of the port
animal and plant quarantine office.
plant epidemic area, which have passed the quarantine inspection or undergone
necessary disinfection, the port animal and plant quarantine office shall
issue a "Quarantine Certificate for Means of Transport" or "Disinfection
Certificate for Means of Transport" at the request of the person-in-charge or
his or her agent of the means of transport.
inside China, no transport staff or workers shall carry the animals or
plants, their products or other quarantine objects loaded thereon from the
said means of transport; in the event that the objects need to carried
away, an application shall be submitted to the port animal and plant
quarantine office for quarantine inspection.
disinfection shall be carried out under the supervision of the port animal
and plant quarantine office before loading.
products or other quarantine objects shall conform to the provisions of the
state concerning animal and plant epidemic prevention and quarantine
inspection. In the event that dangerous diseases or insect pests or ordinary
diseases or insect pests exceeding the prescribed standards, loading can be
carried out only after the treatment for the removal of harmful effects.
Chapter VIII Quarantine Inspection Supervision
animal and plant quarantine offices shall practice the supervision system of
quarantine inspection over the processes of production, processing and
storage of entry and exit animals and plants, and animal and plant products.
Specific measures shall be formulated by the department of agriculture
administration under the State Council.
propagating materials that need to be fed or planted in isolation shall,
during isolation, be subject to quarantine inspection supervision by the port
animal and plant quarantine office.
quarantine fumigation and disinfection of entry and exit animals and plants
must pass the examination and evaluation of the port animal and plant
quarantine offices.
over and provide guidance for the work of fumigation and disinfection and
shall be responsible for the issuance of the fumigation certificates and
certificates of disinfection.
requirements, carry out animal or plant epidemic monitoring at the
production, processing or storage sites of entry or exit animals or plants,
animal or plant products or other quarantine objects at airports, ports,
railway or coach stations, warehouses, processing plants or farms, and the
units concerned shall provide cooperation.
permission of the port animal and plant quarantine offices.
requirements, affix seals or marks of animal and plant quarantine inspection
on the means of transport or containers carrying and transporting entry or
exit animals or plants, animal or plant products or other quarantine objects;
no quarantine inspection seals or marks shall be opened, damaged or destroyed
without the permission of the port animal and plant quarantine offices.
made and issued by the State Bureau of Animal and Plant Quarantine.
quarantine objects, containers and packing carrying animals or plants, their
products or other quarantine objects to be transported to the bonded areas
(including the bonded plants and bonded warehouses etc.), shall be
quarantined at the port of entry in accordance with law; port animal and
plant quarantine offices may carry out quarantine inspection supervision in
the light of specific circumstances; for objects to be retransported out of
the country after processing, formalities shall be gone through in accordance
with the provisions of exit quarantine of the Law on Entry and Exit Animal
and Plant Quarantine and those of these Regulations.
Chapter IX Legal Responsibility
acts, shall be imposed a fine up to 5,000 yuan by the port animal and plant
quarantine office:
the formalities for examination and approval of quarantine inspection, or
failing to comply with the provisions of examination and approval of
quarantine inspection; or
applying for quarantine inspection do not tally with the actual goods.
his quarantine inspection certificates or vouchers already obtained shall be
revoked.
acts, shall be imposed a fine ranging from 3,000 to 30,000 yuan by the port
animal and plant quarantine office:
entry or transit animals or plants, their products or other
quarantine objects without the permission of the port animal and plant
quarantine office;
plants subjected to quarantine inspection in an isolation court designated by
the port animal and plant quarantine office;
plants, animal or plant products or other quarantine objects, or unsealing
damaging or destroying, without authorization, seals or marks for quarantine
inspection; or
excrement, bedding materials or other wastes, or failing to dispose of
swills and wastes of the nature of animal or plant of the means of transport
according to provisions.
Articles 17 and 32 of these Regulations, engaging in the production,
processing or storage of animals or plants, animal or plant products or other
quarantine objects has aforesaid entry or exit objects failing to pass the
quarantine inspection, the said objects shall be returned, destroyed or
subject to treatment for the removal of harmful effects in accordance with
the provisions of these Regulations and, if the circumstances are serious,
the registration of the unit concerned shall be canceled by the port animal
and plant quarantine office in addition.
acts shall be investigated for criminal responsibility; if the act does not
constitute a crime or if the circumstances are obviously minor and require no
criminal punishment according to law, the port animal and plant quarantine
office shall impose a fine ranging from 20,000 to 50,000 yuan:
seals.
operations of quarantine fumigation and disinfection treatment of entry and
exit animals and plants fails to carry out the fumigation or disinfection
treatment in accordance with provisions, the port animal and plant quarantine
office may revoke their qualifications for fumigation or disinfection
according to the nature of the cases.
Chapter X Supplementary Provisions
Plant Quarantine and these Regulations, the following terms respectively
mean:
or part of cultivated or wild plants for propagation, such as plant stems,
seedlings(including tube seedlings), kernels, seeds, blocks, ear grafts,
cuttings, leaves, buds, sprouts, tubers, tubercles, scaled tubers, pollens
and cell cultures, etc.;
goods which may be repeatedly used and are liable to be contaminated by
diseases or insect pests, such as cages, cartons, pails and baskets, etc.;
micro-organisms harmful to animals or plants other than animal infectious
diseases, parasitic diseases or dangerous plant diseases, insect pests or
weeds, as well as intermediate hosts and media organisms of dangerous
diseases and pests of mollusks, rodents, mites and caterpillars; and
animal and plant quarantine organs concerning the state of health or hygiene
of animals or plants, animal or plant products or other quarantine objects,
such as "Animal Quarantine Certificate", "Plant Quarantine Certificate",
"Animal Health Certificate", "Veterinary Hygiene Certificate" and
"Fumigation/Disinfection Certificate", etc.
quarantine inspection of entry and exit animals and plants, animal and plant
products and other quarantine objects or fumigation, disinfection, return
and destruction in accordance with provisions shall be borne by the owner of
the objects or his or her agent.
quarantine inspection in accordance with the law. When there is a need to
collect samples, a sample collection voucher shall be issued; the left-over
samples from inspection shall be taken back by the owner or his or her agents
within the prescribed time limit; samples which fail to be taken back at the
expiration of the prescribed period shall be handled by the port animal and
plant quarantine organs in accordance with regulations.
trade shall be worked out by the State Council in accordance with actual
conditions.
1997.
URL: http://www.asianlii.org/cn/legis/cen/laws/rftiotteaeaapq802