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中华人民共和国进出境动植物检疫法实施条例(一)

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中华人民共和国进出境动植物检疫法实施条例
REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE
国务院令第206号
(Promulgated by Decree No. 206 of the State Council of the People's Republic of China on December 2, 1996)
颁布日期:19961202  实施日期:19970101  颁布单位:国务院

  Chapter I General Provisions

  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 performentry 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 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

  Article 9 The State Bureau of Animal and Plant Quarantine or its 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.

  The organs prescribed by the Regulations on Plant Quarantine shall be responsible for the examination and approval of quarantine inspection with respect to the import of plant seeds, seedlings and other propagating materials.

  Article 10 Procedures of examination and approval of quarantine inspection for import may be processed when the following conditions are satisfied:

  (1) The exporting country or region has no serious animal or plant epidemic;

  (2) The import of which is in compliance with the provisions of the relevant Chinese laws, regulations and rules on animal and plant quarantine; and (3) The import of which is in compliance with relevant bilateral quarantine agreements(including quarantine agreements and aide memoires, same below) signed between and by China and the exporting countries or regions.

  Article 11 Procedures of examination and approval of quarantine inspection shall be completed before the signing of the trade contracts or agreements.

  Article 12 For entry into the country of plant seeds, seedlings and 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.

  Article 13 For request to transport animals in transit, the owner or his 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.

  Article 14 In respect of special needs for scientific research, when 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 there marks by the port animal and plant quarantine office concerned.

  Article 15 If any of the following circumstances occurs after the 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:

  (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.

  Chapter III Entry Quarantine

  Article 16 The quarantine requirements prescribed by China's law 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.

  Article 17 The State shall practice the registration system for 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.

  Article 18 For the import of animals or plants, their products or other 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.

  For the import of stud stock, their sperms or fetuses, application for 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.

  For the entry of packaging materials or bedding materials of the nature 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.

  The packaging materials or bedding materials of the nature of animal or plant referred to in the aforesaid paragraph mean the animal products, plants or plant products used directly as packaging materials or bedding materials.

  Article 19 An application form for quarantine shall be filled in when 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.

  Article 20 On arrival at the port of the imported animals or plants, 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.

  Article 21 On arrival at the port of the means of transport loaded with 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.

  Article 22 Quarantine functionaries shall perform on-the-spot quarantine according to the following provisions:

  (1) For animals: Check to see whether there are clinical symptoms of an epidemic. Upon discovery of animals suspected to have infected with infectious diseases or dead animals, the situation shall be verified and dealt with forth 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.

  (2) For animal products: Check to see whether there are signs of 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.

  (3) For plants and plant products: Check to see whether the goods and 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.

  (4) For packing and bedding materials of the nature of animals or 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.

  (5) For other quarantine objects: Check to see whether the packing are 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.

  Article 23 Inspection shall be carried out at different levels of bulk 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.

  Article 24 Imported big or medium-size cattle for breeding purposes 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.

  Article 25 When the same batch of entry animal or plant products is to 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.

  Discovery of epidemic in the process of quarantine inspection at the 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.

  Article 26 The imported animals and plants, animal and plant products 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.

  Article 27 For import animals or plants, animal or plant products or 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.

  Article 28 For import animals or plants, their products or other 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.

  Article 29 The State Bureau of Animal and Plant Quarantine may dispatch 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.

  Article 30 Illegal entry animals and plants, their products and other 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

  Article 31 The owner or his or her agent shall provide the trade 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.

  Article 32 If the importing country requires China to register the 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.

  Article 33 Export animals that need to be placed in isolation for 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.

  Exit plants, animal or plant products and other quarantine objects awaiting quarantine inspection shall be complete in quantity, with perfect packing, neat piling and prominent marks.

  Article 34 Quarantine inspection of export animals and plants, their products and other quarantine objects shall abide by:

  (1) provisions relating to animal and plant quarantine of the importing countries or regions and China;

  (2) bilateral quarantine agreements;

  Regulations for the Implementation of the Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine

  (3) quarantine requirements clearly defined in the trade contracts.

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