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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ENTRY INSPECTION AND QUARANTINE CHAPTER III INSPECTION AND QUARANTINE FOR PASSING THROUGH THE TERRITORY CHAPTER IV EXIT INSPECTION AND QUARANTINE CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Measures are hereby formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection, Food Hygiene Law of the People's Republic of China, and the Law of the People's Republic of China on the Quarantine of the Animals and Plants Entering and Exiting the Territory and its detailed implementation regulations, the Regulation on the Administration of the Safety of Agricultural Genetically Modified Organism, and the provisions of other laws and regulations, for the purpose of strengthening the administration on the inspection and quarantine of the genetically modified products entering and exiting the territory, ensuring the human health and the safety of animals and plants and microorganisms, and protecting the environment. Article 2. The present Measures shall be applicable to the inspection and quarantine on the genetically modified products entering and exiting the territory through various ways (including trade, processing customer's materials, mailing, carrying, production, reproduction for others, scientific research, exchange, exhibition, aid, and donation, and other ways). Article 3. The "Genetically Modified Products" mentioned in the present Measures shall refer to the agricultural genetically modified organisms prescribed in the Regulation on the Administration of the Safety of Agricultural Genetically Modified Organism, and the genetically modified organisms and products prescribed in other laws and regulations. Article 4. The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to the SAQSIQ) shall be responsible for the national work of the administration of inspection and quarantine of the genetically modified products entering and exiting the territory. The entry-exit inspection and quarantine organs (hereinafter referred to the inspection and quarantine organs) established by the SAQSIQ at all the local regions shall be responsible for the work of inspection and quarantine and the supervision and administration on the genetically modified products entering and exiting the territory within their own jurisdictions. Article 5. The SAQSIQ shall implement permit system on the agricultural genetically modified products that are transferred by passing through the territory of China. Other genetically modified products that are transferred by passing through the territory of China shall be administered according to the relevant state provisions if any. CHAPTER II ENTRY INSPECTION AND QUARANTINE Article 6. The SAQSIQ shall implement declaration system on the genetically modified animals and plants and their products, microorganisms and their products and food that enter our country. Article 7. Where a consignor or his agent is handling formalities for entry inspection declaration, he shall indicate in the column of the name of the goods in the Bill of Inspection Declaration on Entry Goods whether the goods are genetically modified products. If he declares the goods as genetically modified products, he shall, in addition to providing the relevant documentations, provide the Certificate of Safety of Agricultural Genetically Modified Organisms (or the relevant documents of approval, hereinafter referred to the documents of approval) and the Document of Examination, Certification and Approval of the Marks of Agricultural Genetically Modified Organisms, which are signed and issued by the competent department in charge prescribed by laws and regulations. Article 8. Where any genetically modified products entering the territory are subject to the mark administration, the inspection and quarantine organs shall check the marks, and approve the entry of those complying with the documents of examination, certification and approval of the agricultural genetically modified organisms. Those products failing to be marked as required shall not be permitted to enter our country until they are marked again. And those failing to be marked may not enter our country. Article 9. If the genetically modified products entering the territory have been listed into the catalogue of the agricultural genetically modified organisms (formulated by the administrative department of agriculture of the State Council) and are subject to the mark administration, and if they are declared as genetic modification, the inspection and quarantine organs shall conduct conformity testing of a genetically modified project. If the products are declared as non-genetically modified products, the inspection and quarantine organs shall make spot-check on the genetically modified project. For the animals and plants and their products, microorganisms and their products and food that are not included in the catalogue of the agricultural genetically modified organisms subject to the mark administration, the inspection and quarantine organs may make spot-check for testing of the genetically modified project in light of the reality. An inspection and quarantine organ shall make the genetically modified project testing in light of the state approved testing measures and standards. Article 10. Where any product has passed the genetic modification testing, it shall be allowed to enter our country. Under any of the following circumstances, the inspection and quarantine organs shall notify the consignor or his agent to return the goods or destroy them: (1) The products are declared as the genetically modified products, but the genetically modified ingredients do not correspond with the documents of approval upon testing; or (2) The products are declared as the non-genetically modified products, but there are genetically modified ingredients in them upon testing. Article 11. No genetically modified products for exhibition may enter the territory of China until the relevant documents of approval issued by the competent department in charge prescribed by laws and regulations have been obtained. Such products shall be subject to the supervision of the inspection and quarantine organs. After the end of the exhibition, all the genetically modified products shall be returned or destroyed. Where there is necessity to alter the intended use of such products due to special reasons, the formalities for entry inspection and quarantine shall be gone through in accordance with the relevant provisions. CHAPTER III INSPECTION AND QUARANTINE FOR PASSING THROUGH THE TERRITORY Article 12 .Any consignor or his agent shall file an application for permission of passing through the territory of China to the SAQSIQ beforehand for the genetically modified products passing through the territory of our country, and shall submit the following documents: (1) Filling in the Application Letter for Permit of Transfer of the Genetically Modified Products Passing through the Territory of China; (2) The certificate documents of the corresponding research made by the foreign country or the certificate documents for permitting the products to be used accordingly and being put into the market, which are issued by the relevant departments of the exporting country or region; (3) Specifications on the use of the genetically modified products and the precautious measures to be taken; and (4) Other relevant documents. Article 13. The SAQSIQ shall make a reply within 270 days after receiving the application. If the application meets the requirements, it shall issue the Permit for Transfer of Genetically Modified Products Passing through the Territory of China and notify the inspection and quarantine organ in the entry port. If the application fails to meet the requirements, it shall issue the Letter for Not Granting the Transfer of Genetically Modified Products Passing through the Territory of China and explain the reason. Article 14. When the genetically modified products passing through the territory of China enter China, the consignor or his agent shall declare to the inspection and quarantine organ of the entry port upon the strength of the required documentation and permit of transfer for passing through the territory. If the products have passed the examination of the inspection and quarantine organ, they shall be permitted to pass the frontier, and their exit shall be subject to the supervision of the inspection and quarantine organ of the exit port. The formalities for passing through the territory shall be handled again as required for the genetically modified products passing through the territory, whose former packaging has been changed and whose route for passing through the territory has been altered. CHAPTER IV EXIT INSPECTION AND QUARANTINE Article 15. Where there is necessity to make genetically modification testing on or issue certificate of non-genetically modification for the products exiting the territory, a consignor or his agent shall file an application to the inspection and quarantine organ at his locality beforehand, and provide the requirements for entry of genetically modified products promulgated by the importing country or region officially. Article 16. Where after an inspection and quarantine organ accepts the application, it shall, according to the information released by the competent department in charge prescribed by laws and regulations on approval for the genetically modification technology to be commercialized, take samples to the genetically modification testing laboratory for testing of a genetically modification project as required. If the samples are confirmed the genetically modified products according to the testing report issued, and meet the requirements of the importing country or region on the genetically modified products that may enter its territory, the inspection and quarantine organ shall issue the relevant documentation of inspection and quarantine. If the samples are confirmed non-genetically modified products, the organ shall issue the certificate of a non-genetically modified product. CHAPTER V SUPPLEMENTARY PROVISIONS Article 17. In addition to making genetically modified project testing on and supervision over the entry-exit genetically modified projects, the contents of other inspection and quarantine projects shall be implemented in accordance with the laws and regulations and the relevant provisions of the SAQSIQ. Article 18. The laboratory undertaking the testing of genetically modified projects shall have passed the capability testing by the department of certification and accreditation supervision and administration of the state. Article 19. Any one violating the provisions of the present Measures shall be punished in accordance with the provisions of the relevant laws and regulations. Article 20. The power to interpret the present Measures shall remain with the SAQSIQ. Article 21. The present Measures shall come into force as of the date of promulgation. |
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