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, practices favoritism 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 nonprocessed 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 enter 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.
Promulgated by The Standing Committee of the National People's Congress
on 1991-10-30
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