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Law of the Peoples Republic of China on the Entry and Exit Animal and Plant Quarantine
(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
peoples' governments in areas threatened by the animal or plant epidemic
as well as the port animal and plant quarantine of fices 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.
           
CHAPTER II ENTRY QUARANTINE

Article 10 Whoever imports animals, animal products, plant seeds,
seedlings or other propagating materials must submit an application in 
advance  and  go  through  the  formalities  for examination and
approval of quarantine inspection.

Article 11 Whoever imports animals and plants, their products or  other 
quarantine  objects through trade, scientific  and  technological 
cooperation,  exchanges, donations or aid shall specify in  the 
contracts or agreements the requirements for quarantine inspection
prescribed by China's law and the necessity of quarantine certificates
issued by the animal and plant quarantine department under  the
government  of  the  exporting country or region being  appended
therewith.

Article 12 The owner or his or her agent shall apply to the port animal 
and  plant  quarantine office at the port of entry for quarantine 
inspection of the animals and plants, their products or other quarantine
objects, before or on their entry, on the strength of documents such as
the quarantine certificates issued by the exporting country or region
and the trade contracts.

Article 13 On arrival at a port of a means of transport for carrying 
animals, the port animal and plant quarantine office shall  for  the 
prevention  of epidemics adopt on-the-spot preventive measures and
conduct disinfection of persons embarking on or disembarking from  the
means  of transport or having contracts with the animals, the means of
transport for carrying the animals and the contaminated fields.

Article  14 Import animals and plants, their products  and  other
quarantine  objects  shall be quarantined at the port  of  entry; 
without  consent of the port animal and plant quarantine office, the
same shall not be unloaded from the means of transport.
The import animals and plants that need to be placed in isolation for 
quarantine inspection shall be quarantined in  an  isolation court
designated by the port animal and plant quarantine office.

By reason of limited conditions at the port of entry, the State animal 
and  plant quarantine department may decide to have the animals  and
plants, their products or other quarantine objects transported  to a
designated  place for quarantine  inspection.  In the course  of
transportation, loading and unloading, the owner or his or her  agent 
shall take preventive measures against epidemics.

Designated places for storage, processing, isolated feeding or planting 
shall  conform to the provisions on animal and plant  quarantine and
epidemic prevention.

Article 15 The import animals and plants, their products or other
quarantine objects that pass the quarantine inspection are allowed to 
enter  the country; the Customs shall, after verification, release the
same on the strength of the quarantine certificates issued,  or the
stamps on the customs declaration forms affixed, by the port animal and
plant quarantine office.

In respect of the import animals and plants, their products or  other
quarantine objects that need to be transferred away from  a customs
surveillance zone for quarantine inspection, the Customs shall,  after
verification, release the same on the strength  of  the Quarantine
Transference Notice issued by the port animal  and plant quarantine
office.

Article 16 In respect of the import animals that fail in the quarantine 
inspection, the port animal and plant quarantine office shall issue the
Quarantine Treatment Notice notifying the owner or his or her agent to
deal with the said animals in either of the following manners:
(1) The animals that are found suffering from Class A  infectious  or 
parasitic  diseases, shall, together with all the  other  in-contact
animals, be returned or slaughtered with their carcasses destroyed; or
(2) The animals that are found suffering from Class B  infectious or 
parasitic diseases shall be returned or slaughtered; and the other in-
contact animals shall be placed in an isolation camp  or any other
designated place for observation.

In respect of import animal products or other quarantine objects  that
fail in the quarantine inspection, the port animal and plant quarantine 
office shall issue the Quarantine Treatment Notice notifying the owner 
or his or her agent to conduct such treatments as disinfection and
disinfestation,  returning or destruction. The products or objects
that pass the quarantine inspection after a treatment of disinfection
and disinfestation are allowed to enter the country.

Article 17 On discovering through quarantine inspection that import 
plants, plant products or other quarantine objects are contaminated with
diseases, pests or weeds dangerous to plants, the port animal and plant
quarantine office shall issue the Quarantine Treatment Notice notifying
the owner or his or her agent to conduct such treatments as disinfection
and  disinfestation, returning or destruction. Those that pass  the
quarantine  inspection  after  a treatment  of  disinfection  and
disinfestation are allowed to enter the country.

Article  18 The catalogues of the Class A and Class B  infectious or 
parasitic diseases of animals specified in Article 16, paragraph 1,
Items 1 and 2 of this Law and the catalogues of the diseases, pests or
weeds dangerous to plants specified in Article 17 of this Law shall  be
worked out and announced by the department of agriculture administration
under the State Council.

Article 19 On discovering through quarantine inspection that import 
animals and plants, their products or other quarantine objects  are
contaminated with diseases, insect pests or harmful organisms which are
not covered by the catalogues specified in Article 18 of this Law but
are extremely harmful to agriculture, forestry, animal husbandry and
fishery, the port animal and plant quarantine office shall,  in
accordance with relevant regulations of the department of agriculture
administration under the State Council, notify the owner or his or  her
agent to conduct such treatments as disinfection and  disinfestation,
returning  or destruction. Those that pass the quarantine inspection 
after  a treatment of disinfection and disinfestation are allowed to
enter the country.

CHAPTER III EXIT QUARANTINE

Article 20 The owner, or his or her agent, of exit animals and plants,
their products or other quarantine objects shall, before their  exit,
submit an application for quarantine inspection to the port animal and
plant quarantine office.

The  animals that need to the placed in isolation for  quarantine
inspection before exit shall be quarantined in an isolation court
designated by the port animal and plant quarantine office.

Article  21  Export animals and plants, their products  or  other
quarantine  objects shall be quarantined by the port animal and  plant 
quarantine  office, and those that pass the quarantine inspection or
conform to  the standards after a  treatment of disinfection and
disinfestation are allowed to leave the country. The Customs shall, 
after verification, release the same on the strength of the quarantine
certificates issued, or the stamps on the customs declaration forms
affixed,  by the port animal and plant quarantine office. Those that
fail in the quarantine inspection  and are unable to be treated by 
disinfection  and disinfestation with effective methods shall not be
allowed to leave the country.

Article 22 Where the animals and plants, their products or  other
quarantine objects that pass the quarantine inspection are involved in
any of the following circumstances, the owner or his or her agent shall
re-apply for quarantine inspection:
(1) Where the importing country or region is changed, and the changed 
importing country or region has different requirements for quarantine
inspection;
(2) Where the packings are changed or the unpacked products or objects
are subsequently packed;
(3) Where the stipulated valid period of quarantine is exceeded.
          
CHAPTER IV TRANSIT QUARANTINE

Article 23 Whoever requests a transit of animals through the Chinese
territory must obtain in advance and through consultation the consent 
of  China's  State animal and plant quarantine department and  the 
transit must be conducted through the designated port and route.
The means of transport, containers, feeding stuffs and bedding materials
for the animals in transit must all conform to China's regulations on
animal and plant quarantine.

Article 24 The transit of animals and plants, their products or other
quarantine objects requires the consignor or the escort to submit at the
port of entry the bills of lading and the quarantine certificates issued
by the animal and plant quarantine department under the government of
the exporting country or region to the port animal and plant quarantine
office  for quarantine inspection. No further quarantine inspection is
needed at the port of exit.

Article 25 The transit animals that pass the quarantine inspection are
allowed to pass through the country; and in case any infectious or
parasitic disease of animals specified in the catalogues as stipulated
in Article 18 of this Law is discovered, the entire flock of the animals
shall not be allowed to transit.

The transit animals' feeding stuffs that are contaminated with diseases,
insect pests or harmful organisms shall be subjected to such treatments
as disinfection and disinfestation, denial of transit or destruction.
The carcasses, excrements, bedding materials and other wastes  of the 
transit animals must be disposed of in accordance with the  regulations 
of the animal and plant quarantine department, and may not be cast away
without authorization.

Article 26 The port animal and plant quarantine office shall examine the
means of transport and the packings, in respect of the transit plants,
animal and plant products or other quarantine objects, which are allowed
to transit through the country if they pass the quarantine inspection;
in case any disease, insect pest or harmful organism specified in the
catalogues as stipulated in Article 18 of this Law is discovered, it
shall be subjected to a treatment of disinfection and disinfestation or 
denial  of transit.

Article 27 Animals and plants, their products or other quarantine
objects,  in the course of their transit, may not be unpacked  or
discharged  from the means of transport without the approval  of the
animal and plant quarantine organ.
 
CHAPTER V QUARANTINE OF MATERIALS CARRIED BY PASSENGERS OR BY POST

Article 28 Whoever intends to carry or post plant seeds,  seedlings 
or other propagating materials into the country must submit  an
application in advance and go through the formalities for examination
and approval of quarantine inspection.

Article 29 The catalogues of the animals and plants, their products and
other quarantine objects that are not allowed to be carried or  posted 
into the country shall be worked out and announced by the department of
agriculture administration under the State Council.

In case any animals or plants, animal or plant products or  other
quarantine  objects specified in the catalogues mentioned in  the
preceding paragraph are carried or posted into the country, they  shall
either be returned or destroyed.

Article 30 Whoever enters the country carrying animals or plants, animal 
or plant products or other quarantine objects which are not included in
the catalogues specified in Article 29 of this Law shall declare them to
the Customs at the port of entry and accept the quarantine inspection by
the port animal and plant quarantine office.

Whoever carries animals into the country must hold such papers as
quarantine certificates issued by the exporting country or region.

Article 31 The port animal and plant quarantine office shall, in respect 
of the animals and plants, their products or other quarantine objects
not included in the catalogues specified in Article 29 of this Law,
carry out quarantine inspection at the International Postage Exchange
Bureau, or, when necessary, take the same back to the port animal and
plant quarantine office for quarantine inspection; and the same shall
not  be  transported or delivered without  undergoing  quarantine
inspection.

Article  32 Animals or plants, animal or plant products or  other
quarantine objects that enter the country by post shall be released if
they pass the quarantine inspection or conform to the standards after
the treatment of disinfection and disinfestation; those that fail in
quarantine inspection and are unable to be treated by disinfection and
disinfestation with effective methods shall be returned or destroyed,
and the Quarantine Treatment Notice shall be issued.

Article 33 The animals or plants, animal or plant products or other 
quarantine objects that are carried or posted out of the country  shall 
be  quarantined by the port animal and plant quarantine office, upon
request by the owner thereof.
       
CHAPTER VI QUARANTINE OF MEANS OF TRANSPORT

Article 34 Ships, airplanes or trains from the animal or plant epidemic 
areas shall, upon their arrival at the port, be quarantined by the port
animal and plant quarantine office. In the event any disease, insect
pest or harmful organism specified in the catalogues  mentioned  in
Article 18 of this Law is discovered, the cargoes shall be subjected to
such treatments as prohibition from discharge from the means  of 
transport, disinfection and disinfestation, sealing up or destruction.

Article 35 Vehicles entering the country shall be disinfected for
epidemic prevention by the port animal and plant quarantine office.

Article 36 The swills and wastes of animal or plant nature on the means 
of  transport entering or leaving the country shall be disposed of in
accordance with the regulations of the port animal and plant quarantine
office and may not be cast away without authorization.

Article 37 The means of transport carrying export animals and plants,
their products or other quarantine objects shall  conform to  the
regulations on animal and plant quarantine and epidemic prevention.

Article  38  The old and disused ships entering the  country  for
disassembling purposes shall be quarantined by the port animal and plant
quarantine office. In the event that diseases, insect pests or harmful
organisms specified in the catalogues mentioned in Article 18 of this
Law are discovered, the said ships shall be subjected to a treatment of
disinfection and disinfestation.

CHAPTER VII LEGAL RESPONSIBILITY

Article 39 Whoever, in violation of this Law, commits any of  the
following  acts  shall be fined 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
in accordance with the law;
(2) Unloading animals or plants, animal or plant products or  other 
quarantine objects entering the country from the means of transport  or 
transporting  or delivering the same, without permission of the port
animal and plant quarantine office;
(3) 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.

Article 40 Where the animals or plants, animal or plant  products or
other quarantine objects declared for quarantine inspection do not 
conform to the actual conditions, the applicant shall be fined by the
port animal and plant quarantine office; and the quarantine certificates
already obtained shall be revoked.

Article 41 Whoever, in violation of this Law and without authorization,
unpacks  the packings of transit animals or plants, animal or plant
products or other quarantine objects, discharges transit  animals  or
plants, animal or plant products or other quarantine objects from the
means of transport, or casts away  transit  animals'  carcasses,
excrements, bedding materials or other wastes, shall be fined by the 
port animal and plant quarantine office.

Article 42 Whoever violates the provisions of this Law and causes a 
serious  animal or plant epidemic shall be investigated for criminal 
responsibility by applying mutatis mutandis  the provisions of Article
178 of the Criminal Law.

Article 43 Whoever forges or alters the quarantine certificates, stamps, 
marks or seals shall be investigated for criminal responsibility in
accordance with the provisions of Article 167 of the Criminal Law.

Article 44 If a party is not satisfied with the decision on punishment
made by an animal and plant quarantine organ, it may, within 15  days 
after  receipt of the notification of the punishment, apply for
reconsideration to the organ at the next higher level over the  organ
that has made the decision on punishment; the party may also  directly
bring a suit in a people's court within 15 days after receipt of the 
notification of the punishment.

The reconsideration organ shall, within 60 days after receipt  of the 
application for reconsideration, make a reconsideration decision. If the
party is not satisfied with the reconsideration decision, it may, within 
15 days after receipt of the reconsideration decision, bring a suit in a 
people's  court.  If the reconsideration organ fails to  make  a 
reconsideration  decision within the prescribed period, the party may
bring a  suit  within  15 days after  the  expiration  of  the 
period  for reconsideration.

If the party neither applies for reconsideration within the  time 
limit,  nor brings a suit in a people's court, nor complies with the
decision on punishment, the organ that has made the decision on
punishment may apply to a people's court for compulsory execution.

Article 45 Where a quarantine functionary of an animal and  plant
quarantine organ who abuses his or her power, practises favouritism or 
embezzlement, forges a quarantine result, or neglects his or her duty or
delays the performance of quarantine inspection and  the issuance  of 
certificates, criminal responsibility shall be investigated according to
law  if  the  offence constitutes a crime; if the offence does not
constitute a crime, the offender shall be subjected to  administrative
sanctions.
        
CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 46 As used in this Law, the following terms respectively mean:
(1) "Animals" mean the live animals, whether domesticated or wild, such
as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps  and
prawns, crabs, shellfishes, silkworms and bees;
(2) "Animal products" mean the non-processed products or the processed
products, from animals, still liable to spread epidemic diseases,  such 
as raw hides, hairs, meats, viscerae, fat and grease, aquatic  animal
products, dairy products, eggs, blood, semens, embryos, bones, hoofs and
horns;
(3) "Plants" mean cultivated plants, wild plants, their seeds and
seedlings and other propagating materials;
(4) "Plant products" mean the non-processed products or the processed
products, from plants, still liable to spread diseases, insect pests or
harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco, 
kernel,  dried fruits, fresh fruits, vegetables, raw medicinal herbs,
logs and feeding stuffs;
(5) "Other quarantine objects" mean animal vaccine, blood  serum,
diagnostic reagents, wastes of animal or plant nature.

Article  47  If provisions of this Law contravene  those  of  the
international treaties concerning animal and plant quarantine which the
People's Republic of China has concluded or to which China is a  party,
the provisions of the international treaties concerned shall prevail,
with the exception of the treaty clauses on which the People's Republic 
of  China has declared reservations.

Article 48 Port animal and plant quarantine offices shall collect fees, 
according to relevant regulations, for performing quarantine inspection.
The measures for the collection of fees shall be worked out  by  the 
department of agriculture administration  under the State Council 
together with the competent departments such as the pricing department 
under the State Council.

Article 49 The State Council shall, on the basis of this Law, formulate
the implementing regulations.

Article  50 This Law shall come into force as of April 1, 1992. The 
Regulations of the People's Republic of China on the Import and  Export
Animal and Plant Quarantine promulgated by the State Council on June 4,
1982 shall be annulled simultaneously.