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中华人民共和国进出境动植物检疫法实施条例(二)

2009-03-24 法律英语 来源:互联网 作者:
mic areas upon discovery of diseases or insect pests specified in the catalogues prescribed in Article 18 of the Law on Entry and Exit Animal and Plant Quarantine after quarantine inspection. Animals and plants, their products and other quarantine objects prohibited from entering the country must be sealed up or destroyed on discovery. The sealed objects shall not be unsealed and used without the permission of the port animal and plant quarantine office during their stay or movement within China. Treatment for the removal of harmful effects shall be carried out of the swills and wastes of the nature of animal or plant as well as the storage places and containers of the means of transport under the supervision of the port animal and plant quarantine office.

  Article 48 The port animal and plant quarantine office shall carry out treatment of disinfection and on vehicles entering the country from an animal or plant epidemic area for epidemic prevention. In the case of discovery of diseases or insect pests upon quarantine inspection on vehicles loaded with entry animals or plants, their products or other quarantine objects, the vehicle and the goods shall be treated to remove the harmful effects. For vacant return rolling stocks carrying animals for the supply to Hongkong or Macao, whole-train disinfection shall be carried out for epidemic prevention.

  Article 49 Waste ships entering the country for dismantling shall be quarantined by the port animal and plant quarantine office. In the event that diseases or insect pests are discovered, treatment for the removal of harmful effects shall be carried out under the supervision of the port animal and plant quarantine office. In the event that animals or plants, their products or other quarantine objects prohibited from entering the country are discovered, the same shall be destroyed under the supervision of the port animal and plant quarantine office.

  Article 50 For means of transport entering the country from an animal or plant epidemic area, which have passed the quarantine inspection or undergone necess

ary disinfection, the port animal and plant quarantine office shall issue a “Quarantine Certificate for Means of Transport” or “Disinfection Certificate for Means of Transport” at the request of the person-in-charge or his or her agent of the means of transport.

  Article 51 During the stay of the entry or transit means of transport inside China, no transport staff or workers shall carry the animals or plants, their products or other quarantine objects loaded thereon from the said means of transport; in the event that the objects need to carried away, an application shall be submitted to the port animal and plant quarantine office for quarantine inspection.

  Article 52 For means of transport to be loaded with exit animals, disinfection shall be carried out under the supervision of the port animal and plant quarantine office before loading.

  Means of transport to be loaded with exit plants, animal or plant products or other quarantine objects shall conform to the provisions of the state concerning animal and plant epidemic prevention and quarantine inspection. In the event that dangerous diseases or insect pests or ordinary diseases or insect pests exceeding the prescribed standards, loading can be carried out only after the treatment for the removal of harmful effects.

  Chapter VIII Quarantine Inspection Supervision

  Article 53 The State Bureau of Animal and Plant Quarantine and the port animal and plant quarantine offices shall practice the supervision system of quarantine inspection over the processes of production, processing and storage of entry and exit animals and plants, and animal and plant products. Specific measures shall be formulated by the department of agriculture administration under the State Council.

  Article 54 Entry or exit animals, plant seeds, seedlings or other propagating materials that need to be fed or planted in isolation shall, during isolation, be subject to quarantine inspection supervision by the port animal and plant quarantine office.

  Article 55 Units and personnel engaging in business operations of quarantine fumigation and disinfection of entry and exit animals and plants must pass the examination and evaluation of the port animal and plant quarantine offices.

  The port animal and plant quarantine offices shall perform supervision over and provide guidance for the work of fumigation and disinfection and shall be responsible for the issuance of the fumigation certificates and certificates of disinfection.

  Article 56 Port animal and plant quarantine offices may, according to requirements, carry out animal or plant epidemic monitoring at the production, processing or storage sites of entry or exit animals or plants, animal or plant products or other quarantine objects at airports, ports, railway or coach stations, warehouses, processing plants or farms, and the units concerned shall provide cooperation.

  There shall be no shifting or damage of monitoring apparatus without the permission of the port animal and plant quarantine offices.

  Article 57 Port animal and plant quarantine offices may, according to requirements, affix seals or marks of animal and plant quarantine inspection on the means of transport or containers carrying and transporting entry or exit animals or plants, animal or plant products or other quarantine objects; no quarantine inspection seals or marks shall be opened, damaged or destroyed without the permission of the port animal and plant quarantine offices.

  Animal and plant quarantine inspection seals and marks shall be unifiedly made and issued by the State Bureau of Animal and Plant Quarantine.

  Article 58 Entry animals and plants, animal and plant products and other quarantine objects, containers and packing carrying animals or plants, their products or other quarantine objects to be transported to the bonded areas(including the bonded plants and bonded war

ehouses etc.), shall be quarantined at the port of entry in accordance with law; port animal and plant quarantine offices may carry out quarantine inspection supervision in the light of specific circumstances; for objects to be retrain sported out of the country after processing, formalities shall be gone through in accordance with the provisions of exit quarantine of the Law on Entry and Exit Animal and Plant Quarantine and those of these Regulations.

  Chapter IX Legal Responsibility

  Article 59 Whoever, in violation of law, commits any of the following acts, shall be imposed a fine up to 5,000 yuan by the port animal and plant quarantine office:

  (1) Failing to apply for quarantine inspection, or failing to go through the formalities for examination and approval of quarantine inspection, or failing to comply with the provisions of examination and approval of quarantine inspection; or

  (2)The animals or plants, their products or other quarantine objects applying for quarantine inspection do not tally with the actual goods.

  Whoever commits the act described in item (2) of the preceding paragraph, his quarantine inspection certificates or vouchers already obtained shall be revoked.

  Article 60 Whoever, in violation of law, commits any of the following acts, shall be imposed a fine ranging from 3,000 to 30,000 yuan by the port animal and plant quarantine office:

  (1) Unloading from the means of transport or transporting and delivering entry or transit animals or plants, their products or other quarantine objects without the permission of the port animal and plant quarantine office;

  (2) Transferring or disposing of, without authorization, the animals or plants subjected to quarantine inspection in an isolation court designated by the port animal and plant quarantine office;

  (3) Unpacking, without authorization, the packing of transit animals or plants, animal or plant products or other quarantine objects, or unsealing damaging or destroying, without authorization, seals or marks for quarantine inspection; or

  (4) Casting away, without authorization, transit animals' carcasses, excrement, bedding materials or other wastes, or failing to dispose of swills and wastes of the nature of animal or plant of the means of transport according to provisions.

  Article 61 If any unit registered in accordance with the provisions of Articles 17 and 32 of these Regulations, engaging in the production, processing or storage of animals or plants, animal or plant products or other quarantine objects has aforesaid entry or exit objects failing to pass the quarantine inspection, the said objects shall be returned, destroyed or subject to treatment for the removal of harmful effects in accordance with the provisions of these Regulations and, if the circumstances are serious, the registration of the unit concerned shall be canceled by the port animal and plant quarantine office in addition.

  Article 62 Whoever, in violation of law, commits any of the following acts shall be investigated for criminal responsibility; if the act does not constitute a crime or if the circumstances are obviously minor and require no criminal punishment according to law, the port animal and plant quarantine office shall impose a fine ranging from 20,000 to 50,000 yuan:

  (1) Causing a major animal or plant epidemic; or

  (2) Forging or altering the quarantine certificates, stamps, marks or seals.

  Article 63 If any unit or its personnel engaging in the business operations of quarantine fumigation and disinfection treatment of entry and exit animals and plants fails to carry out the fumigation or disinfection treat

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