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

 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.
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