Chinese Online Class - Law of the People's Republic of China on the Entry and Exit Animal and

Plant Quarantine

BIZCHINA / Customs

Law of the People's Republic of China on the Entry and Exit Animal and
Plant Quarantine

Updated: 2006-04-18 10:54

Article 44 If a party is not satisfied with the decision on punishment
made by an animal and plant quarantine organ, it may, within 15 days
after receipt of the notification of the punishment, apply for
reconsideration to the organ at the next higher level over the organ that
has made the decision on punishment; the party may also directly bring a
suit in a people's court within 15 days after receipt of the notification
of the punishment.

The reconsideration organ shall, within 60 days after receipt of the
application for reconsideration, make a reconsideration decision. If the
party is not satisfied with the reconsideration decision, it may, within
15 days after receipt of the reconsideration decision, bring a suit in a
people's court. If the reconsideration organ fails to make a
reconsideration decision within the prescribed period, the party may
bring a suit within 15 days after the expiration of the period for
reconsideration.

If the party neither applies for reconsideration within the time limit,
nor brings a suit in a people's court, nor complies with the decision on
punishment, the organ that has made the decision on punishment may apply
to a people's court for compulsory execution.

Article 45 Where a quarantine functionary of an animal and plant
quarantine organ who abuses his or her power, practices favoritism or
embezzlement, forges a quarantine result, or neglects his or her duty or
delays the performance of quarantine inspection and the issuance of
certificates, criminal responsibility shall be investigated according to
law if the offence constitutes a crime; if the offence does not
constitute a crime, the offender shall be subjected to administrative
sanctions.

Chapter VIII Supplementary Provisions

Article 46 As used in this Law, the following terms respectively mean:

(1) "Animals" mean the live animals, whether domesticated or wild, such
as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps and
prawns, crabs, shellfishes, silkworms and bees;

(2) "Animal products" mean the nonprocessed products or the processed
products, from animals, still liable to spread epidemic diseases, such as
raw hides, hairs, meats, viscerae, fat and grease, aquatic animal
products, dairy products, eggs, blood, semens, embryos, bones, hoofs and
horns;

(3) "Plants" mean cultivated plants, wild plants, their seeds and
seedlings and other propagating materials;

(4) "Plant products" mean the non-processed products or the processed
products, from plants, still liable to spread diseases, insect pests or
harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco,
kernel, dried fruits, fresh fruits, vegetables, raw medicinal herbs, logs
and feeding stuffs;

(5) "Other quarantine objects" mean animal vaccine, blood serum,
diagnostic reagents, wastes of animal or plant nature.

Article 47 If provisions of this Law contravene those of the
international treaties concerning animal and plant quarantine which the
People's Republic of China has concluded or to which China is a party,
the provisions of the international treaties concerned shall prevail,
with the exception of the treaty clauses on which the People's Republic
of China has declared reservations.

Article 48 Port animal and plant quarantine offices shall collect fees,
according to relevant regulations, for performing quarantine inspection.
The measures for the collection of fees shall be worked out by the
department of agriculture administration under the State Council together
with the competent departments such as the pricing department under the
State Council.

Article 49 The State Council shall, on the basis of this Law, formulate
the implementing regulations.

Article 50 This Law shall enter into force as of April 1, 1992. The
Regulations of the People's Republic of China on the Import and Export
Animal and Plant Quarantine promulgated by the State Council on June 4,
1982 shall be annulled simultaneously.

Promulgated by The Standing Committee of the National People's Congress
on 1991-10-30

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