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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II INSPECTION AND QUARANTINE ON GOODS CHAPTER III INSPECTION AND QUARANTINE ON THE ARTICLES CARRIED, DISCARDED WASTE MATERIALS AND HOUSEHOLD GARBAGE CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to strengthen the inspection, quarantine, supervision and administration over the articles entering or exiting Shatoujiao Border Special Administrative Area (hereinafter referred to the Administrative Area), the present Provisions are formulated in accordance with the Law of the People's Republic of China on the Quarantine of Imported or Exported Commodities, the Regulations on the Implementation of the Law of the People's Republic of China on the Quarantine of Imported and Exported Commodities, the Law of the People's Republic of China on the Quarantine of Animals and Plants Entering or Exiting the Frontier, the Regulations on the Implementation of the Law of the People's Republic of China on the Quarantine of Animals and Plants Entering or Exiting the Frontier, the Frontier Health and Quarantine Law of the People's Republic of China, the Detailed Rules for the Implementation of the Law of the Frontier Health and Quarantine, the Food Sanitary Law of the People's Republic of China and other relevant law and regulation. Article 2. The present Provisions are applicable to the inspection and quarantine, supervision and administration on the following articles entering or exiting the Administrative Area: (1) The goods entering or exiting the Administrative Area may be: 1. goods entering the Administrative Area under a quota allocated by the local administrative department of foreign trade and economic cooperation; 2. live commodities carried into the Administration Area by the residents for sale upon approval; and 3. fruits, food preparation ingredients and eatable aquatic animals that come from non-epidemic areas and are exiting the Administrative Area; (2) The articles carried by the residents, passengers and the staff of the Administrative Area when entering or exiting the Administrative Area; (3) The discarded waste materials and household garbage exiting the Administrative Area; and (4) Other articles entering or exiting the Administrative Area that shall be subject to inspection and quarantine in accordance with the law. Article 3. The Administrative Area is a special area under the administration and supervision of the inspection and quarantine institutions. According to the principle of risk evaluation and classification management, the inspection and quarantine institution of the Administrative Area shall conduct inspection, quarantine, supervision and administration on the articles on entry and exit by regarding them as the goods on entry and exit, articles carried by persons on entry or exit and discarded waste materials on entry. Article 4. Without approval, no entity or individual may transport or carry any of the articles prohibited from entry or exit by the state, any micro-organism, human tissues, bio-products, blood and blood products, animals, animal products, plant seeds, seedlings and other reproductive materials into or out of the Administrative Area. For the articles, mentioned in the preceding paragraph, that are allowed to enter or exit the Administrative Area upon examination and approval in accordance with the law, the owner or the agent, the transporter or the carrier shall file a declaration to the inspection and quarantine institution of the Administrative Area, the articles that pass the inspection or quarantine may enter or exit. CHAPTER II INSPECTION AND QUARANTINE ON GOODS Article 5. When the goods that shall be subject to the inspection and quarantine of the inspection and quarantine institution are entering or exiting the Administrative Area, the owner, carrier or agent shall file a declaration to the inspection and quarantine institution of the Administrative Area and accept its inspection, quarantine and supervision on the goods. Article 6. As for the goods to enter the Administrative Area under a quota allocated by the local administrative department of foreign trade and economic cooperation, the owner, carrier or agent shall register at the inspection, quarantine institution of the Administrative Area, and shall file a declaration for each batch of goods entering the Administrative Area upon the strength of the Inspection and Quarantine Registration Handbook for Commodities under Quarantine. The inspection and quarantine institution of the Administrative Area shall conduct inspection, quarantine, supervision and administration over the goods according to the provisions on those exiting China. Article 7. Upon approval of the relevant departments, a resident of the Administrative Area who transports live goods into the Administrative Area for sale shall register at the inspection and quarantine institution of the Administrative Area, and shall file a declaration for each batch of goods to the Inspection and Quarantine Institution when entering the Administrative Area. The goods that pass the inspection and quarantine of the inspection and quarantine institution shall be permitted to enter. Article 8. When the fruits, food preparation ingredients (including the ingredients and spices for preparation of food) or eatable aquatic animals from non-epidemic area are exiting the Administrative Area, the owner, carrier or agent shall register at the inspection and quarantine institution of the Administrative Area and shall file a declaration for each batch of goods upon the strength of the Inspection and Quarantine Registration Handbook for Commodities under Quarantine. The goods that pass the inspection and quarantine of the inspection and quarantine institution shall be permitted to exit. Any other goods not included in the scope prescribed in the preceding paragraph shall be prohibited from exit. Article 9. For the goods entering or exiting the Administrative Area that shall be subject to the administration of quarantine license or health registration system, when a declaration is filed to the inspection and quarantine institution, a quarantine license certification or health registration certification shall be presented. CHAPTER III INSPECTION AND QUARANTINE ON THE ARTICLES CARRIED, DISCARDED WASTE MATERIALS AND HOUSEHOLD GARBAGE Article 10. When entering or exiting the Administrative Area, a resident, a passenger or a functionary of the Administrative Area who carries self-use articles under quarantine within the reasonable quantity shall file a declaration to the inspection and quarantine institution and accept its inspection, quarantine, supervision and administration. Article 11. Where it is necessary to transport the waste materials derived from the production and business activities, and the daily life of the residents within the Administrative Area out of the Administrative Area, the carrier shall file a declaration to the inspection, quarantine institution and accept its inspection, quarantine, supervision and administrative. Article 12. Where it is necessary to transport the household garbage derived from the production and business activities, and the daily life of the residents within the Administrative Area out of the Administrative Area, the carrier or agent shall present a valid sanitary treatment certification to the inspection and quarantine institution for check and verification. Article 13. The waste materials or household garbage that are not derived from the Administrative Area may be transported out of the Administrative Area. CHAPTER IV LEGAL LIABILITIES Article 14. Without approval, a person who transports, or carries any animals, plants, animal or plant products prohibited from entering or exiting China by the state into or out of the Administrative Area shall be imposed on a fine of 3,000 yuan or 30,000 yuan by the inspection and quarantine institution of the Administrative Area, and in addition, the relevant articles shall be returned or destroyed by the inspection and quarantine institution. Article 15. Without approval, a person who transports or carries any micro-organism, human tissues, bio-products, blood and blood products or other animal or materials that are prohibited from entering or exiting China by the state and may cause the spread of epidemic diseases shall be given a warning or be imposed on a fine of not less than 100 yuan but not more than 5,000 yuan by the inspection and quarantine institution of the Administrative Area, and in addition, the relevant articles shall be returned or destroyed by the institution. Article 16. Without approval, a person who transports or carries any animals, animal products, plant seed, seedlings or other reproductive materials into or out of the Administrative area shall be imposed on a fine of not more than 5,000 yuan by the inspection and quarantine institution of the Administrative Area, and in addition, the relevant articles shall be returned or destroyed by the institution. Article 17. A person who fails to declare, or conceals or under-declares the items he transports or carries into or out of the Administrative Area shall be imposed on a fine of not more than 5,000 yuan by the inspection and quarantine institution of the Administrative Area, and in addition, the relevant articles shall be returned or destroyed by the institution. Article 18. Without approval, a person who transports or carries any goods other than the fruits, food preparation ingredients or eatable aquatic animals from non-epidemic areas shall be imposed on a fine of not more than 5,000 yuan by the inspection and quarantine institution of the Administrative Area, and in addition, the relevant goods shall be returned or destroyed by the institution. Article 19. Where a resident, a passenger or a functionary of the Administrative Area carries articles under quarantine exceeding the reasonable quantity into or out of the Administrative Area, the inspection and quarantine institution of the Administrative Area shall, in accordance with the law, return or destroy the relevant articles; if the circumstance is serious, it shall impose a fine of 5,000 yuan or less on the person concerned. Article 20. Without inspection or quarantine, a person who transports any waste materials, household garbage derived from the Administrative Area out of the Administrative Area, or transports any waste materials or household garbage not derived from the Administrative Area out of the Administrative Area shall be imposed on a fine of not less than 5,000 yuan but not more than 30,000 yuan by the inspection and quarantine institution in the Administrative Area, and in addition, the relevant waste materials or household garbage shall be returned or destroyed by the institution. Article 21. Any of the functionaries of the Administrative Area neglects his duties, abuses his authority or malpractices to seek private benefits in violation of the present Provisions shall be investigated for the relevant liabilities in accordance with the relevant regulations. CHAPTER V SUPPLEMENTARY PROVISIONS Article 22. The reasonable quantity of the articles carried by a person out of the Administrative Area provided in Article 10 of the present Provisions shall be that determined by the customs. Article 23. For the inspection and quarantine of the goods entering or exiting the Administrative Area, the uniform inspection and quarantine documents of the State Administration of Quality, Inspection and Quarantine (SAQSIQ) shall be used. The inspection and quarantine documents applicable to the live commodities carried into the Administrative Area for sale and the articles carried by the residents, passengers and functionaries shall be made by Shenzhen Entry-Exit Inspection and Quarantine Bureau and be reported to the SAQSIQ for archival purposes. Article 24. Fees shall be charged for the inspection and quarantine on goods entering or exiting the Administrative Area according to the uniform standard of the state. The items provided in Articles 7, 10, 11 and 12 shall be exempted from paying inspection and quarantine fee, but shall be charged for the check and verification or the change of certificate according to the uniform standard of the state. Article 25. The power to interpret the present Provisions shall remain with the SAQSIQ. Shenzhen Entry-Exit Inspection and Quarantine Bureau may formulate detailed rules for the implementation of the present Provisions, which shall be implemented upon the approval of the SAQSIQ. Article 26. The present Provisions shall be implemented as of January 1, 2004. |
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