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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II DOPES CONTROL CHAPTER III ANTI-DOPE DUTIES CHAPTER IV DOPE INSPECTION AND TESTING CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are hereby formulated in accordance with the Sports Law of the People's Republic of China and other relevant laws for the purpose of preventing the use of dopes in sports, safeguarding the health of the participants of sports both in body and mind, and maintaining the fair competition of the sports events. Article 2. The dopes mentioned in these Regulations, refer to the banned substances in the List of Dopes, etc.. The List of Dopes shall be formulated, adjusted and publicized by the department in charge of sports under the State Council together with the department of food and drug administration, the department in charge of public health and commerce of the State Council, and the Customs General Administration. Article 3. The state advocates the healthy and civilized sports, strengthens the anti-doping publicity, education and supervision, and sticks to the anti-doping policy of prohibiting and inspecting strictly, and seriously punishing the use of dopes. The use of dopes shall be strictly forbidden. No entity or individual may provide dopes to any sportsman directly or in any disguised forms. Article 4. The department in charge of sports under the State Council shall be responsible for organizing the national anti-doping work. The relevant departments of food and drug administration, public health, and education, etc. of the people's governments above the county level shall be responsible for the anti-doping work within their respective jurisdictions in accordance with these Regulations and the provisions of relevant laws or administrative regulations. Article 5. The department in charge of sports of the people's governments above the county level shall strengthen the anti-doping publicity and education so as to improve the anti-doping awareness of sportsmen and the general public. The broadcasting stations, TV stations, the press and media, and the internet information service providers shall carry out anti-doping publicity. Article 6. In case any entity or individual finds out any act in violation of these Regulations, it/he shall have the right to report to the department in charge of sports and other relevant departments. CHAPTER II DOPES CONTROL Article 7. The state shall make strict control over the banned substances in the List of Dopes. No entity or individual may illegally produce, sell, or import and export them. Article 8. The Drugs Production License and the number of the document of approval for drugs shall be obtained in accordance with the provisions of the Pharmaceutical Administration Law of the People's Republic of China (hereinafter referred to Pharmaceutical Administration Law) for the production of anabolic steriods and peptide hormone in the List of Dopes (hereinafter referred to anabolic steriods and peptide hormone). The production enterprises shall record the conditions for the production, sales and storage of anabolic steriods or peptide hormone, and shall keep the records for over 2 years of the period of validity of anabolic steriods or peptide hormone. Article 9. No drug wholesale enterprises may deal in anabolic steriods or peptide hormone until they have obtained the Drugs Business License in accordance with the provisions of the Pharmaceutical Administration Law, meet the following requirements, and are approved by the department of food and drug administration of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government: (1) Having special managers; (2) Having special storage warehouses or special storage medicine chests; (3) Having special systems of checking and acceptance, inspection, keeping, selling, and the registration for in-and-out of the warehouse; and (4) Other conditions prescribed by laws and administrative regulations. The records on checking and acceptance, inspection, keeping, selling and the registration of the in-and-out of the warehouse shall be kept for over 2 years of the period of validity of anabolic steriods and peptide hormone. Article 10. No drug retail enterprise shall undertake the management of anabolic steriods or peptide hormone except insulin. Article 11. The import permit may also be obtained for the import of anabolic steriods and peptide hormone in addition to obtaining the import drug registration certificate issued by the department of food and drug administration under the State Council in accordance with the provisions of the Pharmaceutical Administration Law and its detailed implementation regulations. The use of anabolic steriods and peptide hormone shall be stated when applying for their import. The department of food and drug administration under the State Council shall make decision on it within 15 days from the date of receiving the application. If the use is legal, it shall grant approval and issue the import permit. And the customs shall give release upon the strength of the import permit. Article 12. Those who apply for export of anabolic steriods and peptide hormone shall explain the object to whom the goods are supplied and submit the relevant certificate documents issued by the competent departments of the governments of the import country, and other relevant documents. The department of food and drug administration of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall make decision within 15 working days from the date of receiving the application; and approve those who have submitted the relevant certificate documents of the competent department of the governments of the import country, and issue the export permit. The customs shall give release upon the strength of the export permit. Article 13. A domestic enterprise shall conclude a written entrustment production contract with an overseas enterprise who entrusts it to produce anabolic steriods and peptide hormone, and submit the contract to and put it on records at the department of food and drug administration of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The production entrustment contract shall specify the nationality of the entrusting enterprise, the species, quantities and the production date of anabolic steriods and peptide hormone produced through entrustment, and other contents. No anabolic steriods and peptide hormone, which are produced by domestic enterprises upon the entrustment of overseas enterprises may be sold within the territory of China. Article 14. The enterprises engaging in the production of anabolic steriods and peptide hormone may only provide anabolic steriods and peptide hormone to the medical treatment institutions, the drug wholesale enterprises prescribed in Article 9 of these Regulations and other similar production enterprises. The enterprises engaging in the wholesale of anabolic steriods and peptide hormone may only provide anabolic steriods and peptide hormone to the medical treatment institutions, enterprises engaging in their production, and other similar wholesale enterprises. The entities importing anabolic steriods and peptide hormone may only provide anabolic steriods and peptide hormone to the enterprises undertaking the production of anabolic steriods and peptide hormone, the medical treatment institutions, and the drug wholesale enterprises prescribed in Article 9 of these Regulations. The insulin in peptide hormone shall be supplied in accordance with the provisions of paragraphs 1, 2, and 3 of this Article, and may be supplied to drug retail enterprises in addition. Article 15. A medical treatment institution may only provide anabolic steriods and peptide hormone to the patients on the basis of the subscriptions prescribed by a medical practitioner, who has the prescription right. The prescriptions shall be kept for two years. Article 16. Where the banned substances in the List of Dopes fall within the scope of stupefacient, psychotropic drugs, toxic drugs for medical treatment, and toxic chemicals, special control shall be made over their production, sale, import, transportation, and use in accordance with the Pharmaceutical Administration Law and the provisions of relevant administrative regulations. The subscription administration shall be implemented on anabolic steriods and peptide hormone, and other banned substances in the List of Dopes other than those under the foregoing paragraph. Article 17. In case there are banned substances of the List of Dopes in the drug and food, the production enterprises shall indicate the wording of "Cautious for Use by Sportsman" in Chinese on the packaging marks or instructions of the products. CHAPTER III ANTI-DOPING DUTIES Article 18. A sports public organization that implements the registration administration on sportsman (hereinafter referred to the sports public organization) shall strengthen supervision over the sportsmen, coaches, the leaders of a sports team, doctors of a sports team and other auxiliary personnel registered in the sports public organization, and the anti-doping education and training. The sportsman supervising entities shall strengthen supervision over sportsmen and auxiliary personnel, and the anti-doping education and training. Article 19. No sports public organizations, sportsman supervising entities, or other entities may provide dopes to sportsmen, nor may they organize, force or deceive sportsmen to use dopes in sports. No scientific research entities may provide technology support for using dopes or evading inspection on dopes. Article 20. A sportsman supervising entity shall designate medical treatment institutions for the sportsmen under its administration, and guide them to use drugs properly for medical treatment; and shall record and provide the medical treatment information and the drug use of the sportsmen under its administration to the relevant sports public organizations in accordance with the dope inspection rules. Article 21. The sports public organizations and sportsman supervising entities shall, in accordance with the provisions of the dope inspection rules, provide relevant information such as the name lists of sportsmen and the coaches of each sportsman, the sports items they undertake, and their sports achievements, etc., and provide convenience for dopes inspection as well. Article 22. A national sports public organization shall stipulate measures and procedures for handling the following acts of the members registered in the sports public organization: (1) The use of dopes by sportsmen; (2) The offering of dopes to sportsmen by sportsman auxiliary personnel and sportsman supervising entities; (3) The sportsmen, auxiliary personnel and supervising entities' refusal or obstruction of dopes inspection. The handling procedures mentioned in the foregoing paragraph shall also prescribe the right of plea and appeal of the parties. The national public sports organizations shall also report and put on records the handling measures and procedures at the department in charge of sports under the State Council. Article 23. The sportsman auxiliary personnel shall educate and remind the sportsmen not to use dopes, and provide consultation on the relevant anti-doping rules to sportsmen. No sportsman auxiliary personnel may offer dopes to any sportsman, nor may they organize, force, deceive, instigate, or assist any sportsman to use dopes in sports, or obstruct dope inspection, or conduct acts impact the testing of samples. In case any sportsman finds out any sportsman auxiliary personnel violate the provisions of the preceding paragraph, he may have the right to report or accuse. Article 24. No sportsman may use dopes in sports. Article 25. No sportsmen or auxiliary personnel registered in sports public organizations may hold drugs with the banned substances of the List of Dopes until they have obtained the subscriptions prescribed by the medical practitioners who have the prescription right according to law. Where a sportsman registered in sports public organizations is receiving medical diagnosis, he shall show his identity of a sportsman to the physicians according to the provisions of dope inspection rules. The physicians shall choose drugs without the banned substances of the List of Dopes above all else when prescribing drugs to him. Where there is necessity for the use of certain drugs with banned substances, the sportsman shall be informed of the character of the drugs and the aftereffect of their use. Article 26. If a sportsman registered in a national sports public organization, for the purpose of medical treatment, needs to take or use drugs with banned substances of the List of Dopes, he may use the drugs after application and upon approval in accordance with the dope inspection rules. Article 27. A sportsman shall accept dope inspection, and shall not conduct act impacting the sampling testing. Article 28. Where a sportsman registered in a national sports public organization leaves the place he is stationed, he shall make a report in accordance with the provisions on dope inspection rules. Article 29. Schools of secondary education or above and other educational institutions shall strengthen anti-doping education to improve the students' anti-doping understanding, and take measures to prevent the use of dopes in sports activities of the schools. In case any use of dopes by any student is found out, it shall be prohibited. The education of sports major shall include the anti-doping teaching. Article 30. Entities engaging in physical training activities and their special coaches shall not provide drug or food with banned substances to the participants of sports and physical training. CHAPTER IV DOPE INSPECTION AND TESTING Article 31. The department in charge of sports under the State Council shall formulate dope inspection rules and plans and organize their implementation. Article 32. The department in charge of sports under the State Council shall, according to the dope inspection plans, determine to make in-competition inspection on sportsmen taking part in national sports competitions; and it may also determine to make in-competition inspection on sportsmen taking part in provincial sports competitions. In case an in-competition dope inspection on other sports competition is needed, it shall be determined by the sponsors of the competition. Article 33. The department in charge of sports under the State Council shall, according to dope inspection plans, determine to make dope inspection out of competition on sportsmen registered in a national sports public organization. Article 34. The staff for dope inspection (hereinafter referred to the inspector) shall make dope inspection in accordance with the dope inspection rules. Article 35. There shall be two more inspectors present to make dope inspection. The inspectors shall show their certificates of dope inspection when performing dope inspection duty; and they shall also show their letter of authority for one-time dope inspection signed and issued according to the dope inspection rules when taking testing samples from sportsman. When inspectors perform their duty of dope inspection, they shall have the right to enter the physical training places, sports competition places and the sportsman stations. The relevant entities and personnel shall cooperate with the inspectors for their performance of dope inspection duties, and shall not refuse or obstruct their examination. Article 36. Samples inspected shall be tested by the testing institutions meeting the dope inspection requirements determined by the department in charge of sports under the State Council. The dope testing institutions and their staff shall make testing on the samples inspected in accordance with the scope and standard prescribed by the provisions of dope inspection rules. CHAPTER V LEGAL LIABILITIES Article 37. Where the departments in charge of sports and other administrative departments and their staff members fail to perform their duties, or hide up or connive at the illegal use of dopes or offering dopes, or have other acts in respect of infringing these Regulations, the responsible person in charge and other persons directly liable shall be imposed upon an administrative punishment; if a crime is constituted, he shall be prosecuted for criminal liabilities. Article 38. If any enterprise violates the provisions of these Regulations and has any of the following acts, the departments of food and drug administration above the county level shall, according to their functions prescribed by the department of food and drug administration under the State Council, confiscate the anabolic steriods and peptide hormone it illegally produced and managed, and the ill-gotten proceeds, and impose a fine of two times up to five times of the sum of the value of drugs illegally produced or managed. If the circumstances are serious, the license issuing organ shall revoke its Drug Production License and the Drugs Business License. If a crime is constituted, criminal liabilities shall be prosecuted for according to law: (1) The production enterprises produce anabolic steriods and peptide hormone without permission, or fail to supply anabolic steriods or peptide hormone in accordance with the provisions of these Regulations; (2) The drug wholesale enterprises undertake the management of anabolic steriods and peptide hormone without permission, or fail to supply anabolic steriods or peptide hormone in accordance with these Regulations; or (3) The drug retail enterprises undertake the management of anabolic steriods or peptide hormone without permission. Article 39. In case the sports public organizations or sportsman supervising entities provide dopes to sportsman or organize, force, deceive athletes to use dopes in sports, the department in charge of sports under the State Council or those of the provinces, autonomous regions, and municipalities directly under the Central Government shall take over the dopes they illegally hold. And the responsible persons in charge and other persons directly liable shall be banned from engaging in sports administration work and the sportsman auxiliary work within four years. If the circumstances are serious, they shall be banned from engaging in such work for life long. If their acts have caused body damages to sportsman, they shall bear civil compensation liabilities. If a crime is constituted, they shall be prosecuted for criminal liabilities. Where a sports public organization or sportsman supervising entity fails to perform other duties prescribed in these Regulations, the department in charge of sports under the State Council or those under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall order it to correct. If it has caused serious consequences, the responsible persons in charge and other persons directly liable shall be banned from undertaking the sports administration work and the sportsman auxiliary work within two years. Article 40. Where the sportsman auxiliary personnel organize, force, deceive or incite sportsman to use dopes in sports, the department in charge of sports under the State Council or those under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall take over the dopes they illegally hold; and they shall be banned from undertaking the sportsman auxiliary work and sports administration work within four years. If the circumstances are serious, they shall be banned from undertaking the sportsman auxiliary work and sports administration for life. If it is serious enough to cause damages to sportsman, they shall bear civil compensation liabilities. If a crime is constituted, they shall be prosecuted for criminal liabilities. Where any sportsman auxiliary personnel offer dopes to sportsman, or assist a sportsman in using dopes in sports, or conduct acts impacting the sample testing, the department in charge of sports under the State Council or those under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall take over the dopes they illegally holds. And they shall be banned from undertaking the sportsman auxiliary work or sports administration work. If the circumstance is serious, they shall be banned from undertaking the sportsman auxiliary work or the sports administration work for life. If it is serious enough to cause body damage to a sportsman, they shall bear the civil compensation liabilities. If a crime is constituted, they shall be prosecuted for criminal liabilities. Article 41. Where the sportsman auxiliary personnel hold dopes illegally, the department in charge of sports under the State Council or those under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall take over the dopes they illegally hold. If the circumstances are serious, they shall be banned from undertaking the sportsman auxiliary work for two years. Article 42. Where the sports public organizations or sportsman supervising entities violate the provisions of these Regulations, and their responsible persons in charge and other persons directly liable are state functionaries, they shall also be imposed upon the administrative punishment of dismissal or discharge from posts according to law. Where any sportsman auxiliary personnel who violate the provisions of these Regulations are state functionaries, they shall be imposed upon the administrative punishment of being dismissed or discharged from his post according to law. Article 43. The decisions on punishment made in accordance with the provisions of Articles 39, 40, and 41 of these Regulations shall be opened to the general public, who shall have the right to consult. Article 44. Where a physician fails to use drugs in accordance with the provisions of these Regulations, or fails to perform his duty of informing, the departments in charge of public health of the people's governments above the county level shall give him a warning. If it has caused serious consequences, he shall be suspended from his practicing activities for six months up to one year. Article 45. Where the entities undertaking the management of sports and physical training activities provide drugs or food with banned substances to participants of sports or physical training activities, the departments of food and drug administration and the department in charge of public health shall give them punishment in accordance with the Pharmaceutical Administration Law, the Law of the People's Republic of China on Food and Public Health and the provisions of the relevant administrative regulations. Article 46. In case any sportsman violates these Regulations, the relevant sports public organizations, sportsman supervising entities, or sponsors of competition may impose a punishment of canceling his qualifications for taking part in the competition or canceling his competition achievement or the punishment of match ban. If a sportsman refuses to accept the punishment prescribed in the foregoing paragraph, he may apply for arbitration to the arbitration institutions. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 47. These Regulations will be implemented as of March 1, 2004. |
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