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中华人民共和国进出境动植物检疫法实施条例(二)

2006-05-15 21:58   我要纠错 | 打印 | 收藏 | | |

  Article 35 The following procedures shall be followed with respect to 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:

  (1) animals shall be subject to clinical quarantine or re-quarantine by the port animal and plant quarantine office at the point of exit;

  (2) for exit plants, animal or plant products or other quarantine 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

  (3) for plants, animal or plant products or other quarantine objects to 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.

  Article 36 When export animals or plants, their products or other 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

  Article 37 The transit(including trans-shipment, same below) of animals 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.

  Article 38 On arrival of transit animals at the entry port, the entry port animal and plant quarantine office shall carryout 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.

  Article 39 The means of transport, packing and containers carrying 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

  Article 40 Any plant seeds, seedlings or other propagating materials 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.

  Article 41 Whoever enters the country carrying animals or plants, animal 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.

  Article 42 The port animal and plant quarantine offices may carry out 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.

  Animal and plant quarantine inspection counters with marks shall be set up at the inspection site of entry and exit passengers.

  Article 43 Whoever carries animals into the country must possess a 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.

  Any plants, animal or plant products or other quarantine objects carried into the country shall be cleared there with 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.

  Animals and plants, animal and plant products and other quarantine 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.

  Article 44 Animals or plants, animal or plant products or other 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, herein after referred to as the post offices)。 The post offices shall provide the necessary facilities for the work.

  For objects passing the quarantine inspection, the port animal and plant 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.

  Article 45 Animals or plants, animal or plant products or other 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

  Article 46 The port animal and plant quarantine office may carry out 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.

  The port animal and plant quarantine office shall carry out quarantine 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.

  Article 47 Fumigation, disinfection and other treatment for the removal 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.

  Article 48 The port animal and plant quarantine office shall carry out 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.

  Article 49 Waste ships entering the country for dismantling shall be 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.

  Article 50 For means of transport entering the country from an animal or 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.

  Article 51 During the stay of the entry or transit 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.

  Article 52 For means of transport to be loaded with exit animals, disinfection shall be carried out under the supervision of the port animal and plant quarantine office before loading.

  Means of transport to be loaded with exit plants, animal or plant 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

  Article 53 The State Bureau of Animal and Plant Quarantine and the port 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.

  Article 54 Entry or exit animals, plant seeds, seedlings or other 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.

  Article 55 Units and personnel engaging in business operations of 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.

  The port animal and plant quarantine offices shall perform supervision 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.

  Article 56 Port animal and plant quarantine offices may, according to 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.

  There shall be no shifting or damage of monitoring apparatus without the permission of the port animal and plant quarantine offices.

  Article 57 Port animal and plant quarantine offices may, according to 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.

  Animal and plant quarantine inspection seals and marks shall be unifiedly made and issued by the State Bureau of Animal and Plant Quarantine.

  Article 58 Entry animals and plants, animal and plant products and other 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 retrain sported 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

  Article 59 Whoever, in violation of law, commits any of the following acts, shall be imposed a fine up to 5,000 yuan by the port animal and plant quarantine office:

  (1) Failing to apply for quarantine inspection, or failing to go through the formalities for examination and approval of quarantine inspection, or failing to comply with the provisions of examination and approval of quarantine inspection; or

  (2)The animals or plants, their products or other quarantine objects applying for quarantine inspection do not tally with the actual goods.

  Whoever commits the act described in item (2) of the preceding paragraph, his quarantine inspection certificates or vouchers already obtained shall be revoked.

  Article 60 Whoever, in violation of law, commits any of the following acts, shall be imposed a fine ranging from 3,000 to 30,000 yuan by the port animal and plant quarantine office:

  (1) Unloading from the means of transport or transporting and delivering entry or transit animals or plants, their products or other quarantine objects without the permission of the port animal and plant quarantine office;

  (2) Transferring or disposing of, without authorization, the animals or plants subjected to quarantine inspection in an isolation court designated by the port animal and plant quarantine office;

  (3) Unpacking, without authorization, the packing of transit animals or plants, animal or plant products or other quarantine objects, or unsealing damaging or destroying, without authorization, seals or marks for quarantine inspection; or

  (4) Casting away, without authorization, transit animals' carcasses, 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.

  Article 61 If any unit registered in accordance with the provisions of 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.

  Article 62 Whoever, in violation of law, commits any of the following 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:

  (1) Causing a major animal or plant epidemic; or

  (2) Forging or altering the quarantine certificates, stamps, marks or seals.

  Article 63 If any unit or its personnel engaging in the business 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

  Article 64 For the purpose of the Law on the Entry and Exit Animal and Plant Quarantine and these Regulations, the following terms respectively mean:

  (1) “Plant seeds, seedlings and other propagating materials” mean whole 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.;

  (2) “Carrying containers” mean containers used for carrying entry or exit 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.;

  (3) “Other harmful organisms” mean various bio-organisms and pathogenic 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

  (4) “Quarantine certificates” mean the legally binding papers issued by 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.

  Article 65 The expenses required for or losses incurred from performing 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.

  Article 66 The port animal and plant quarantine organs shall perform 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.

  Article 67 Provisions for quarantine organs for exit animal products for trade shall be worked out by the State Council in accordance with actual conditions.

  Article 68 These Regulations shall enter into force as of January 1, 1997.

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