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 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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