Plant Quarantine
BIZCHINA / Customs
Law of the People's Republic of China on the Entry and Exit Animal and
Plant Quarantine
Updated: 2006-04-18 10:54
The Law of the People's 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,
is now promulgated, and shall enter into force as of April 1, 1992.
President of the People's Republic of China: Yang Shangkun
October 30, 1991
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.
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.
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