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中华人民共和国动物防疫法 ANIMAL EPIDEMIC PREVENTION LAW OF THE PEOPLES REPUBLIC OF CHINA

2009-03-24 法律英语 来源:互联网 作者:

(Adopted at the 26th Meeting of the Standing Committee of the Eighth National People's Congress on July 3, 1997, promulgated by Order No. 87 of the President of the People's Republic of China on July 3, 1997, and effective as of January 1, 1998)
颁布日期:19970703  实施日期:19980101  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Prevention of Animal Epidemics

  Chapter III Control and Extermination of Animal Epidemics

  Chapter IV Quarantine of Animals and Animal Products

  Chapter V Supervision over Animal Epidemic Prevention

  Chapter VI Legal Liability

  Chapter VII Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted for the purpose of intensifying the administration of animal epidemic prevention, preventing, bringing under control and exterminating animal epidemics, promoting the development of livestock, fish breeding and poultry raising and protecting human health.

  Article 2 This Law is applicable to animal epidemic prevention activities within the territory of the People's Republic of China.

  For quarantine of entry and exit animals or animal products, the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine shall apply.

  Article 3 “Animal” referred to in this Law means livestock, poultry and other animals raised by man or caught legally.

  “Animal product” referred to in this Law means animals' raw hides, hairs, semen, embryos and breeder eggs as well as non-processed products such as trunks, grease, viscera, blood, down, bones, horns, heads and hoofs.

  “Animal epidemic” referred to in this Law means animal infectious diseases and parasitic diseases.

  “Animal epidemic prevention” referred to in this Law includes prevention, control and extermination of animal epidemics as well as quarantine of animals and animal products.

  Article 4 Quarantine inspection and supervision shall be conducted pursuant to this Law over trunks, heads and viscera of slaughtered animals. Those up to standards for foods after quarantine inspection shall be subjected to hygienic inspection and supervision in accordance with the provisions of the Food Hygiene Law of the People's Republic of China.

  Article 5 The state institutes a policy of focusing on prevention of animal epidemics.

  Article 6 The animal husbandry and veterinary administrative department under the State Council shall be in charge of animal epidemic prevention throughout the country.

  The animal husbandry and veterinary administrative departments under local people's governments at or above the county level shall be in charge of animal epidemic prevention within their respective administrative areas. The supervising agencies for animal epidemic prevention under people's governments at or above the county level shall execute animal epidemic prevention and supervision on animal epidemic prevention.

  The supervising agencies for animal epidemic prevention in the armed forces shall be responsible for epidemic prevention for active-duty animals in the armed forces and animals raised by the armed forces for their own use.

  Article 7 People's governments at all levels shall strengthen the leadership over animal epidemic prevention.

  Article 8 The state encourages and supports scientific research on animal epidemic prevention, spreads advanced achievements of scientific research, popularizes scientific knowledge of animal epidemic prevention, and improves the level of animal epidemic prevention.

  Article 9 Any unit or individual that has made achievements or contributions in animal epidemic prevention or scientific research on animal epidemic prevention shall be rewarded by the people's government or the animal husbandry and veterinary administrative department.

  Cha

pter II Prevention of Animal Epidemics

  Article 10 In the light of seriousness of damage caused by animal epidemics to the breeding production and human health, animal epidemics under the control by this Law are composed of three classes:

  (1) Epidemics of Class I refer to those which cause serious damage to humans and animals and need to take urgent, rigorous measures to compulsorily prevent, bring under control or exterminate them.

  (2) Epidemics of Class II refer to those which can cause great economic losses and need to take strict measures to bring under control or exterminate them and avoid their spread.

  (3) Epidemics of Class III refer to those which are so common and so frequently occur that great economic losses may be caused and control and purifying measures are required.

  A detailed catalogue of epidemics of the three classes mentioned in the preceding paragraph shall be fixed and published by the animal husbandry and veterinary administrative department under the State Council.

  Article 11 The animal husbandry and veterinary administrative department under the State Council shall formulate the national plan for animal epidemic prevention.

  The animal husbandry and veterinary administrative department under the State Council shall, in the light of animal epidemic situation abroad and at home and in accordance with the requirements for protection of the breeding production and human health, formulate and publish in time measures for animal epidemic prevention.

  The state practises a system of immunization planning for execution of compulsory immunization against animal epidemics which cause serious damage to the breeding production and human health. A catalogue of animal epidemics subjected to compulsory immunization shall be formulated and published by the animal husbandry and veterinary administrative department under the State Council.

  For other animal epidemics than those subjected to compulsory immunization, the animal husbandry and veterinary administrative departments under local people's governments at or above the county level shall formulate prevention plans and report them to the people's governments at the same level for approval and implementation.

  Article 12 The state should take measures to prevent and exterminate animal epidemics which cause serious damage to the breeding production and human health.

  Medicine, biological products or other relevant materials needed in prevention and extermination of animal epidemics shall be reserved in a proper quantity and shall be included in the plan for national economy and social development.

  Article 13 The supervising agencies for animal epidemic prevention shall strengthen animal epidemic prevention by conducting popularization and education, technical advice, technical training and consultancy services and shall organize the implementation of plans for immunization against animal epidemics.

  Animal epidemic prevention organs in townships, nationality townships and towns shall, under the guidance of the supervising agencies for animal epidemic prevention, organize the prevention of animal epidemics.

  Article 14 Units and individuals that engage in raising or marketing of animals, or production or marketing of animal products shall, pursuant to this Law and the relevant state provisions, complete planned immunization against and prevention of animal epidemics, and shall accept the monitoring and supervision from the supervising agencies for animal epidemic prevention.

  Article 15 Any animal farm should exterminate animal epidemics in time. Stud stock and breeding poultry shall be kept healthy up to the standards set by the state.

  Article 16 Means of transport, padding materials and packing materials for animals or animal products shall meet the requirements for animal epidemic prevention set by the animal husbandr

y and veterinary administrative department under the State Council.

  Animals infected with epidemic diseases and their excrement, products made from animals infected with epidemic diseases, and carcasses of animals which died of illness or died due to an unidentified cause must be disposed of according to the relevant provisions of the animal husbandry and veterinary administrative department under the State Council and shall not be dealt with at will.

  Article 17 The storage, use and transportation of animal-borne pathogenic microorganisms shall conform to the management systems and operational rules set by the state.

  The transportation of animal epidemic materials for special need in scientific research, teaching and epidemic prevention shall conform to the relevant state provisions.

  Any unit engaging in scientific research on animal epidemics shall, according to the relevant state provisions, conduct strict management of experimental animals in order to prevent the spread of animal epidemics.

  Article 18 Marketing of any animal or animal product in the following categories shall be prohibited:

  (1) those related to an animal epidemic disease occurring in a cordoned-off epidemic area;

  (2) those susceptible to an epidemic disease in an epidemic area;

  (3) those subjected to quarantine inspection according to law but failing to undergo or pass quarantine inspection;

  (4) those infected with an epidemic disease;(5) those which died of illness or died due to an unidentified cause; or

  (6) those not listed above but failing to conform to the state provisions regarding animal epidemic prevention.

  Chapter III Control and Extermination of Animal Epidemics

  Article 19 The animal

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