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ANIMAL QUARANTINE ADMINISTRATION MEASURE
 
(Order No. 14 [2002] of the Ministry of Agriculture of the People¡¯s Republic of China, May 24, 2002: adopted at the 11th executive meeting of the Ministry of Agriculture on May 24, 2002, which shall come into force as of July 1, 2002)
     
     
SUBJECT : ANIMAL QUARANTINE
ISSUING DEPARTMENT : MINISTRY OF AGRICULTURE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 05/24/2002
IMPLEMENT DATE : 07/01/2002
LENGTH : 2,334 words
TEXT :
TABLE OF CONTENTS

CHAPTER I GENERAL PROVISIONS
CHAPTER II PRODUCTION PLACE QUARANTINE
CHAPTER III SLAUGHTER QUARANTINE
CHAPTER IV ADMINISTRATION OF QUARANTINE
CHAPTER V SUPPLEMENTARY PROVISIONS


CHAPTER I GENERAL PROVISIONS

Article 1. This Measure are enacted in accordance with the Law of the People's Republic of China on Animal Epidemic Prevention(hereinafter referred to the Law on Animal Epidemic Prevention) with a view to strengthening the administration of the animal quarantine activities.


Article 2. Animal quarantine mentioned in this Measure shall refer to the production place quarantine and slaughter quarantine of animals and animal products.


Article 3. This Measure shall apply to the animal quarantine activities inside the territory of the People's Republic of China.

Entities and individuals that raise and deal in animals or manufacture and deal in animal products or engage in the activities related to the quarantine of animals and animal products must abide by this Measure.


Article 4. The administrative department for animal husbandry and veterinary of the people's government at each level shall be in charge of the animal quarantine within its own administrative region.

The institution for supervision over animal epidemic prevention of the people's government at each level shall be responsible for carrying out the quarantine on animals and animal products within its own administrative region.


Article 5. The state applies a report system to animal quarantine.

Where the animals or animal products are to be sold or moved out of the place of production, the owner must report in advance to the institution for supervision over animal epidemic prevention at his locality for quarantine.


Article 6. The institutions for supervision over animal epidemic prevention shall be manned with animal quarantine officers, who shall carry out the animal quarantine.

The institutions for supervision over animal epidemic prevention may, upon their needs in work, retain professional veterinarians from the town animal quarantine and veterinary stations and from other qualified entities as their dispatched animal quarantine officers to represent them to execute the quarantine tasks within the specified scope.

The animal quarantine officers must carry out quarantine on animals and animal products pursuant to the national standards, the trade standards, the rules of quarantine and this Measure, and shall be responsible for the results thereof.


Article 7. The animal quarantine officers shall carry out the animal quarantine pursuant to the national standards, the quarantine standards promulgated by the Ministry of Agriculture, the quarantine objects and this Measure.

The institutions for supervision over animal epidemic prevention shall issue certificates of passing the quarantine for animals and animal products that have passed the quarantine, and shall, in addition, cover the quarantine stamps on them or seal them with specified quarantine marks.

Animals and animal products that failed to pass the quarantine, including epidemic-infected or suspected epidemic-infected animals and animal products, as well as animals and animal products died of illness or of uncertain causes, must be, in accordance with the relevant state provisions, subject to the innocuous treatment by the owners under the supervision of the institutions for supervision over animal epidemic prevention. Those that cannot undergo innocuous treatment shall be destroyed.


Article 8.The owner or the carrier must, before loading or unloading, clean and wash his vehicle, vessel or cabin carrying animals and animal products or his breeding instrument or container, and must, after the institution for supervision over animal epidemic prevention or its designated entity has carried out the disinfection, load and carry the animals and animal products with the certificate for disinfection of the means of carriage. The bedding and padding materials, the excrement and the feculence from the cleaning shall be subject to the innocuous treatment by the owner or the carrier under the supervision of the institution for supervision over animal epidemic prevention.


Article 9. Whoever issues the certificate of passing the quarantine and the disinfection certificate shall implement the provisions on the filling out of the animal epidemic prevention certificate and the criteria for such use.

The longest validity period of the certificate of passing the animal qualification shall be 7 days; for animals used for special purposes such as horse race, etc., the validity period of the certificate of passing the quarantine may be extended to 15 days; the longest validity period of the certificate of passing the quarantine for animal products shall be 30 days. The validity period of the certificate for disinfection of the means of carriage shall be the same as that of the certificate of passing the quarantine for the animals or animal products carried that time.



CHAPTER II PRODUCTION PLACE QUARANTINE

Article 10. The animal quarantine officers must, before animals or animal products are sold or moved away from the production place, carry out the production place quarantine on the animals or animal products.


Article 11. The owner shall apply in advance to the institution for supervision over animal epidemic prevention for quarantine as follows: for animal products and animals to be slaughtered or to be fattened, 3 days in advance; for animals for breeding, milking or working, 15 days in advance; for animals or animal products to be sold, moved or carried due to particular needs in production or life, at any time.


Article 12. The production place quarantine on animals shall be carried out pursuant to the national and relevant trade standards. To those meeting the following conditions, the certificate of passing the production place quarantine shall be issued:

(1) for the animals to be slaughtered or to be fattened, and those for breeding, milking or working that have met the health standards, and the animals or animal products to be sold, moved or carried due to particular needs in production or life, they must come from a non-epidemic area, be within the valid immunization period, and have passed the collective and individual clinic physical examinations;

(2) pigs, cattle and sheep must be attached with qualified immunization marks; and

(3) the animals for breeding, milking and working that failed to meet the health standards must meet the above conditions, and pass the laboratorial inspection in addition.



Article 13. To the animal products which have passed the production place quarantine and met the following conditions or been treated in accordance with the following provisions, the certificate of passing the production place quarantine for animal products shall be issued:

(1) the original production place of products such as raw pelts, raw hair, wool, etc. is not in a specified epidemic situation, and disinfection has been carried out in accordance with the relevant provisions; with respect to products such as raw pelts, raw hair, wool, etc. of animals which are vulnerable to be infected with anthrax, the anthrax deposits are tested to be negative, or ethylene oxide disinfection has been carried out;

(2) the donors of semen, embryos and the breeding eggs have met the animal health standards; and

(3) the production place of products such as bones and horns, shall not be in a specified epidemic situation, and disinfection has been carried out in accordance with the relevant provisions.


Article 14. With respect to animals for exhibition, contest or show, the owner must, before consignment, apply to the local institution for supervision over animal epidemic prevention for quarantine. To those meeting the provisions of Item (1) of Article 12 of this Measure, the certificate of passing the quarantine shall be issued. a laboratorial inspection may be carried out when necessary. The owner shall, after such animals have arrived at the place of exhibition, contest or show, apply to the local institution for supervision over animal epidemic prevention for quarantine by presenting the certificate of passing the quarantine.


Article 15. With respect to lawfully captured wild animals, the owner must apply to the institution for supervision over animal epidemic prevention at the place of capture for quarantine, and may not sell or transport such animals until they have passed the clinic physical examination and laboratorial quarantine by the institution for supervision over animal epidemic prevention at the place of capture; after such animals have arrived at the receiving place, the owner shall apply to the institution for supervision over animal epidemic prevention at the receiving place for quarantine by presenting the certificate of passing the quarantine.


Article 16. The breeding animals, their semen, embryos and breeding eggs to be introduced from another province may not be consigned until they have passed the quarantine carried out by the institution for supervision over animal epidemic prevention at the place of origin in accordance with Article 12 and Item (2) of Article 13 of this Measure; after they have arrived at the place of destination, the owner shall apply to the institution for supervision over animal epidemic prevention at the place of destination for quarantine.



CHAPTER III SLAUGHTER QUARANTINE

Article 17. The state makes it a rule that animals such as pigs are slaughtered at designated places and that they undergo unified quarantine.


Article 18. The institutions for supervision over animal epidemic prevention shall dispatch or send animal quarantine officers to carry out pre-slaughter and after-slaughter quarantine at the designated slaughter houses (plants, places) established in accordance with the law.


Article 19. Animals shall be purchased, transported and shall enter the slaughter houses (plants, places) for slaughter with the certificate of passing the production place quarantine being provided. The animal quarantine officers shall be responsible for checking and taking over the certificates of passing the production place quarantine and the certificates for disinfection of the means of carriage. The certificates of passing the production place quarantine and the disinfection certificates shall be reserved for at least 12 months.


Article 20. The animal quarantine officers shall carry out slaughter quarantine pursuant to the relevant national and trade standards on slaughter quarantine.

Animals shall be subject to clinic examination one by one before the slaughter, and only healthy animals may be slaughtered; diseased animals and suspected diseased animals shall be treated with in accordance with the relevant provisions.

The slaughter of animals shall be subject to synchronous quarantine in the whole process. The heads, hoofs, trunks and viscera of each animal shall be numbered uniformly and inspected correspondingly.

Animal products that have passed the quarantine shall be covered with the quarantine stamps or be sealed with the specified quarantine marks, and the certificates of passing the animal product quarantine shall be issued. Animal products that failed to pass the quarantine shall be subject to innocuous treatment in accordance with the relevant provisions. Those that cannot undergo innocuous treatment shall be destroyed.


Article 21. The slaughter quarantine of the animals that haven't applied slaughter at the designated
places or that are slaughtered by individual farmers for their own use shall be implemented in accordance with the relevant provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.



CHAPTER IV ADMINISTRATION OF QUARANTINE

Article 22. The institutions for supervision over animal epidemic prevention shall supervise the production place quarantine and slaughter quarantine of animals and animal products.


Article 23. Where anyone deals in animals or animal products that must be quarantined in accordance with the law but is unable to provide his quarantine certificate, the institution for supervision over animal epidemic prevention shall order him to cease the operation and shall confiscate his illicit proceeds.

With respect to the unsold animals or animal products which have not been quarantined or to which the certificate of passing the quarantine has not been issued, a supplementary quarantine shall be carried out; in case the certificate of passing the quarantine does not conform to the animals or animal products, or the said certificate has been invalidated, the quarantine shall be made again in accordance with the law.

The supplementary quarantine or re-quarantine of animals and animal products shall be carried out in accordance with the quarantine procedures in Chapters II and III of this Measure. If the animals or animal products have passed the supplementary quarantine or re-quarantine, the certificate of passing the quarantine shall be issued. The animals or animal products that failed to pass the quarantine or are suspected to be epidemic-infected shall be subject to innocuous treatment in accordance with this Measure, and the party concerned shall be punished in accordance with Item (3) of Article 48 of the Law on Animal Epidemic Prevention. Whoever alters, forges or transfers the certificate of passing the quarantine shall be punished in accordance with Article 51 of the Law on Animal Epidemic Prevention.


Article 24. The animal quarantine officers must, when carrying out the production place quarantine or slaughter quarantine, comply with this Measure, and shall issue the corresponding quarantine certificates. Where anyone refuses to issue or use the quarantine certificates uniformly provided by the state, or does not comply with the specified procedures when carrying out the quarantine, or issue the certificates of passing the quarantine and cover the quarantine stamps for the animals or animal products that have not been quarantined or have failed to pass the quarantine, he shall be given a demerit or his qualification as an animal quarantine officer shall be revoked by the entity where he works for or by the competent organ at the higher level. If the case is serious, he shall be discharged from his post as a functionary.


Article 25. The administrative department for animal husbandry and veterinary at each level shall strengthen its supervision and administration on quarantine, and shall investigate the administrative liabilities of the leaders in charge and the persons liable for acts in violation of law such as re-quarantine and repeated collection of fees.


Article 26. The administrative department for animal husbandry and veterinary at each level shall strengthen trainings, appraisals and management on animal quarantine officers, and shall set up and improve the mechanism for internal appointment and dismissal as well as rewards and punishment.



CHAPTER V SUPPLEMENTARY PROVISIONS

Article 27. The institutions for supervision over animal epidemic prevention shall, in accordance with this Measure, carry out quarantine and disinfection on animals and animal products, and shall, in accordance with the relevant provisions of the administrative departments of price and finance under the State Council, collect the quarantine fee and the disinfection fee.


Article 28. This Measure shall come into force as of July 1, 2002.
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