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Law of the People's Republic of China on the Entry and Exit Animals and Plants Quarantine

Source: Date:2009-06-23

 

Adopted at the 22nd Meeting of the Standing Committee of the Seventh National People's Congress on October 30, 1991, promulgated by Order No. 53 of the President of the People's Republic of China on October 30, 1991 and effective as of April 1, 1992

  Contents

  Chapter I General Provisions

  Chapter II Entry Quarantine

  Chapter III Exit Quarantine

  Chapter IV Transit Quarantine

  Chapter V Quarantine of Materials Carried by Passengers or by Post

  Chapter VI Quarantine of Means of Transport

  Chapter VII Legal Responsibility

  Chapter VIII Supplementary Provisions

 

Chapter I General Provisions
Article 1 This Law is formulated for the purpose of preventing infectious or parasitic diseases of animals, diseases, insect pests and weeds dangerous to plants, and other harmful organisms (hereinafter referred to, for short, as diseases, insect pests and harmful organisms) from spreading into or out of the country, protecting the production of agriculture, forestry, animal husbandry and fishery as well as human health, and promoting the development of foreign economic relations and trade.
Article 2 Animals and plants, their products and other quarantine objects, containers and packaging materials used for carrying animals and plants, their products or other quarantine objects, as well as means of transport from animal or plant epidemic areas shall, on entry or exit, be subject to quarantine inspection in accordance with this Law.
Article 3 An animal and plant quarantine department shall be instituted under the State Council (hereinafter referred to, for short, as the State animal and plant quarantine department), which shall conduct a unified administration of the entry and exit animal and plant quarantine in the whole country. Port animal and plant quarantine offices set up by the State animal and plant quarantine department at ports open to the outside world and at places busy with entry and exit animal and plant quarantine shall, in accordance with this Law, carry out entry and exit animal and plant quarantine.
  The department in charge of the quarantine of animal products leaving the country for trade purposes shall be designated by the State Council as it deems appropriate.
  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.
Article 4 A port animal and plant quarantine office may exercise the following functions and powers when performing quarantine inspection
  (1) Embarking on a ship, a vehicle or an airplane to perform quarantine under this Law;
  (2) Entering a seaport, an airport, a railway or coach station, a post office or a site where quarantine objects are stored, processed, bred or cultivated, to perform quarantine inspection and collect samples according to relevant regulations;
  (3) Entering a site relating to production or storage according to the needs of quarantine, to carry out epidemic monitoring and investigations or quarantine supervision and control;
  (4) Consulting, making copies of or excerpts from operational diaries, bills of lading, contracts, invoices or other documents relating to the quarantine objects.
Article 5 The State shall prohibit the following objects from entering the country
  (1) Pathogenic micro-organisms (including seed cultures of bacteria and viruses) of animals and plants, insect pests and other harmful organisms;
  (2) Relevant animals and plants, their products and other quarantine objects from countries or regions with prevalent epidemic animal or plant diseases;
  (3) Animal carcasses; and
  (4) Soil.
  When a port animal and plant quarantine office discovers any objects prohibited from entering the country as prescribed in the preceding paragraph, such objects shall be returned or destroyed.
  Whoever, because of special needs such as scientific research, imports any objects prohibited from entering the country as prescribed in the first paragraph of this Article, must submit an application in advance, which shall be subject to the approval by the State animal and plant quarantine department.
  The catalogues of objects prohibited from entering the country as prescribed in (2) of the first paragraph of this Article shall be worked out and announced by the department of agriculture administration under the State Council.
Article 6 In the event that a serious animal or plant epidemic occurs abroad and is liable to spread into the country, the State Council shall adopt emergent preventive measures and may, when necessary, issue orders to prohibit means of transport from animal or plant epidemic areas from entering the country or to blockade the relevant ports; the local people's governments in areas threatened by the animal or plant epidemic as well as the port animal and plant quarantine offices concerned shall immediately take emergency measures, and, at the same time, report to the people's governments at higher levels and the State animal and plant quarantine department.
  The departments of posts and telecommunications and departments of transportation shall give priority to transmitting or transporting reports concerning serious animal or plant epidemic or materials to be sent for quarantine inspection.
Article 7 The State animal and plant quarantine department and port animal and plant quarantine offices shall practise a quarantine supervision system in relation to the procedures in the production, processing and storage of animals and plants and their products for entry or exit.
Article 8 When a port animal and plant quarantine office is carrying out its tasks of quarantine inspection in seaports, airports, railway or coach stations, or post offices, relevant departments such as the Customs, departments of communications, civil aviation, or railways, and postal services shall coordinate therewith.
Article 9 Any quarantine functionary of an animal and plant quarantine organ must be devoted to his or her duties and enforce the law impartially.
  No unit or individual may obstruct a quarantine functionary of an animal and plant quarantine organ from carrying out his or her duties according to law.

 

Relevant Annexes: