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

animal product has passed quarantine inspection， the supervising agency for animal epidemic prevention shall issue a quarantine certificate and， at the same time for any animal product， affix thereto an inspection mark used by the supervising agency for animal epidemic prevention or seal it with the inspe

ction mark.

　　If any animal or animal product has not passed quarantine inspection， the owner shall conduct disinfection for epidemic prevention or take other measures for innocent treatment. If innocent treatment cannot be carried out， the animal or animal product must be destroyed.

　　Article 39 Animals can be sold， transported， put on display， shows or contests on the strength of the quarantine certificate. Animal products can be sold or transported on the strength of the quarantine certificate and the inspection mark.

　　Article 40 The quarantine certificate shall not be transferred， altered or forged.

　　The format and control measures for the quarantine certificate shall be formulated by the animal husbandry and veterinary administrative department under the State Council.

　　Chapter V Supervision over Animal Epidemic Prevention

　　Article 41 Supervising agencies for animal epidemic prevention shall conduct supervision on the work of animal epidemic prevention according to law.

　　In performing duties of monitoring and supervision， supervising agencies for animal epidemic prevention may collect samples of animals or animal products， seize them for inspection or make sample inspections， conduct inspections retroactively or re-inspect animals or animal products with no quarantine certificates， and may isolate， seal up or dispose of animals having epidemic diseases or suspected of having epidemic diseases or animal products contaminated by epidemic diseases.

　　Article 42 Any consignor of animals or animal products to be transported by railways， highways， waterways or by air must provide the quarantine certificate in consigning for shipment. Any consignee must undertake the shipment on the strength of the quarantine certificate.

　　Supervising agencies for animal epidemic prevention shall have the right to supervise and inspect the transportation of animals and animal products according to law.

　　Article 43 Functionaries of animal epidemic prevention supervision shall produce their certificates in performing duties of supervision and inspection. Any unit or individual concerned shall lend support and cooperation to them.

　　Supervising agencies for animal epidemic prevention and their staff shall not collect fees for supervision and inspection of animal epidemic prevention.

　　Article 44 Selecting sites and designing for works of animal farms， warehouses， slaughterhouses， joint meat processing factories， other designated slaughterhouses or points and refrigeration sites for animal products shall conform to the requirements of animal epidemic prevention stipulated by the animal husbandry and veterinary administrative department under the State Council.

　　Article 45 Raising and marketing of animals or production and marketing of animal products by animal farms， slaughterhouses， joint meat processing factories and other designated slaughterhouses （or points） shall conform to the requirements for animal epidemic prevention stipulated by the animal husbandry and veterinary administrative department under the State Council， and shall be subject to the supervision and inspection of supervising agencies for animal epidemic prevention.

　　Diagnosis and treatment of animals shall be engaged in by qualified professional technicians who possess the permit for diagnosis and treatment of animals issued by the animal husbandry and veterinary administrative departments.

　　Persons suffering from epidemic diseases contracted commonly by both human beings and livestock shall not directly engage in diagnosis and treatment of animals， raising and marketing of animals or production and marketing of animal products.

　　Chapter VI Legal Liability

　　Article 46 Any violator of the provisions of this Law who commits any of the following acts shall be given a warning by the supervising agency for animal epidemic prevention. In ca

se of refusal by the violator to make corrections， the supervising agency for animal epidemic prevention shall deal with the case according to law on the part of the violator who shall pay the expense therefor.

　　（1） failing to vaccinate or disinfect for immunization timely animals he raises or markets as required by the compulsory immunization plan against animal epidemics and the relevant state provisions；

　　（2） failing to clean and disinfect means of transport， padding materials or packing materials for animals and animal products according to the relevant state provisions； or

　　（3） failing to dispose of 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 according to the relevant state provisions.

　　Article 47 Any violator of the provisions of Article 17 of this Law who stores， uses or transports animal-borne pathogenic microorganisms， or transports animal epidemic materials shall be given a warning and may be concurrently fined not more than RMB 2，000 yuan by the supervising agency for animal epidemic prevention.

　　Article 48 Any violator of the provisions of this Law who markets any of the following animals or animal products shall be ordered by the supervising agency for animal epidemic prevention to stop the business operations and， with the illegal gains and animals and animal products having not yet been sold confiscated， to take effective measures twitch draw animals and animal products having been sold. If the circumstances are serious， the offender maybe concurrently fined less than five times of the illegal gains.

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

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

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

　　（4） those infected with an epidemic；

　　（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.

　　Article 49 Any violator of the provisions of this Law who markets animals or animal products subjected to quarantine inspection according to law but without quarantine certificates shall be ordered， with the illegal gains confiscated， to stop the business operations by the supervising agency for animal epidemic prevention. Animals or animal products having not yet been sold shall undergo quarantine inspection retrospectively according to law and be dealt with according to the provisions of Article 38 of this Law.

　　Article 50 Any violator of the provisions of Article 42 of this Law who fails to implement the provisions for the shipment of animals or animal products on the strength of the quarantine certificate shall be given a warning and ordered to make corrections by the supervising agency for animal epidemic prevention. If the circumstances are serious， the consignor and the consignee may be separately fined less than three times of the freight.

　　Article 51 If anyone transfers， alters or forges the quarantine certificate， the supervising agency for animal epidemic prevention shall confiscate the illegal gains and withdraw the quarantine certificate. Anyone who transfers or alters the quarantine certificate shall be concurrently fined not less than RMB 2，000 yuan and not more than RMB 5，000 yuan； if the illegal gains exceed RMB 5，000 yuan， the offender shall be concurrently fined not less than the amount of the illegal gains and not more than three times of that amount. Anyone who forges the quarantine certificate shall be fined not less than RMB 10，000 yuan and not more than RMB 30，000 yuan； if the illegal gains exceed RMB 30，000 yuan， the offender shall be concurren

tly fined not less than the amount of the illegal gains and not more than three times of that amount. If a crime has been constituted， the offender shall be investigated for criminal responsibility according to law.

　　Article 52 If a unit engaging in raising or marketing of animals， or production or marketing of animal products， in violation of the provisions of the first paragraph of Article 45 of this Law， fails to conform to the requirements for animal epidemic prevention， the supervising agency for animal epidemic prevention shall give a warning and order it to make corrections. If it refuses to make corrections， the offender shall be fined not less than RMB 10，000 yuan and not more than RMB 30，000 yuan.

　　Article 53 If a unit， in violation of the provisions of this Law， conceals， falsely reports or hinders another person tore port animal epidemic information， the supervising agency for animal epidemic prevention shall give a warning and concurrently impose a fine not less than RMB 2，000 yuan and not more than RMB 5，000 yuan. The person in charge directly responsible and other persons directly responsible shall be imposed administrative sanctions according to law.

　　Article 54 Any violator of the provisions of this Law who evades quarantine inspection， resulting in a serious animal epidemic which causes great losses to the breeding production or does serious harm to human health， shall be investigated for criminal responsibility according to law.

　　Article 55 If any animal

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