REGULATIONS FOR THE IMPLEMENTATION OF THE THE ENTRY AND EXIT ANIMAL AND PLANT QUARANTINE

    Article 1  These Regulations are formulated in accordance with the
provisions of the “Law of the People’s Republic of China on the Entry and
Exit Animal and Plant Quarantine” (hereinafter referred to as the Law on the
Entry and Exit Animal and Plant Quarantine).

    Article 2  The following objects shall be subject to quarantine in
accordance with the provisions of the Law on the Entry and Exit Animal and
Plant Quarantine and those of these Regulations:

    (1) Entry, exit or transit animals and plants, their products and other
quarantine objects;

    (2) Containers, packaging materials and bedding materials used for
carrying animals and plants, their products or other quarantine objects;

    (3) Means of transport from an animal and plant epidemic area;

    (4) Waste vessels for dismantling after entry; and

    (5) Other goods and items subject to entry and exit animal and plant
quarantine according to provisions of relevant laws, administrative
regulations and international treaties or as agreed upon in trade contracts.

    Article 3  The department of agriculture administration under the State
Council shall be in charge of the entry and exit animal and plant quarantine
in the whole country.

    The Bureau of Animal and Plant Quarantine of the People’s Republic of
China(hereinafter referred to as the State Bureau of Animal and Plant
Quarantine) shall exercise unified control over the entry and exit animal and
plant quarantine in the whole country, collect information on major
animal and plant epidemics at home and abroad and be responsible for
international cooperation and exchanges in entry and exit animal and plant
quarantine.

    The State Bureau of Animal and Plant Quarantine shall establish port
animal and plant quarantine organs in open ports and at places where there is
concentration of entry and exit animal and plant quarantine operations, and
perform entry and exit animal and plant quarantine according to the
provisions of the Law on the Entry and Exit Animal and Plant Quarantine and
these Regulations.

    Article 4  In the event that a serious animal or plant epidemic occurs
outside the territory and is liable to spread into the country, the following
emergent preventive measures shall be adopted in the light of the prevailing
conditions:

    (1) The State Council may take control measures in the border regions
concerned and may, when necessary, order the ban of entry of means of
transport from the animal and plant epidemic area or seal the ports
concerned;

    (2) The department of agriculture administration under the State Council
may publish catalogues of animals and plants, their products and other
quarantine objects the entry of which shall be banned from the country or
region where there is an animal or plant epidemic;

    (3) The port animal and plant quarantine organs concerned may take
emergent quarantine measures with regard to the entry objects likely
contaminated by epidemics or pests as listed in Article 2 of these
Regulations; and

    (4) The local people’s governments of the areas under the threat of
animal or plant epidemic may immediately call the departments concerned to
work out and implement emergent plans, and simultaneously report to the
people’s governments at a higher level and the State Bureau of Animal and
Plant Quarantine.

    The departments of posts and telecommunications and departments of
transportation shall give top priority to transmitting or transporting
reports concerning serious animal or plant epidemics or materials to be sent
for quarantine inspection.

    Article 5  Entry of animals and plants, their products and other
quarantine objects for either official use or private use by foreign
organizations and personnel enjoying diplomatic or consular privileges and
immunity shall be subject to quarantine in accordance with the provisions of
the Law on the Entry and Exit Animal and Plant Quarantine and those of these
Regulations; the port animal and plant quarantine organs shall comply with
the provisions of relevant laws when performing inspection.

    Article 6  The customs shall, according to law, coordinate with port
animal and plant quarantine organs in exercising supervision and control over
entry and exit animals and plants, their products and other quarantine
objects. Specific measures shall be formulated by the department of
agriculture administration under the State Council in conjunction with the
General Administration of Customs.

    Article 7  The catalogues of animal and plant epidemic areas and
countries and regions where there are animal and plant epidemics referred to
in the Law on Entry and Exit Animal and Plant Quarantine shall be determined
and published by the department of agriculture administration under the State
Council.

    Article 9  The State Bureau of Animal and Plant Quarantine or its
authorized port animal and plant quarantine organs shall be responsible for
the examination and approval of quarantine inspection with respect to the
import of animals, animal products and objects prohibited from entering the
country as listed in Item 1, Article 5 of the Law on Entry and Exit Animal
and Plant Quarantine.

    The organs prescribed by the Regulations on Plant Quarantine shall be
responsible for the examination and approval of quarantine inspection
with respect to the import of plant seeds, seedlings and other propagating
materials.

    Article 10  Procedures of examination and approval of quarantine
inspection for import may be processed when the following conditions are
satisfied:

    (1) The exporting country or region has no serious animal or plant
epidemic;

    (2) The import of which is in compliance with the provisions of the
relevant Chinese laws, regulations and rules on animal and plant quarantine;
and

   (3) The import of which is in compliance with relevant bilateral
quarantine agreements(including quarantine agreements and aidememoires, same
below) signed between and by China and the exporting countries or regions.

    Article 11  Procedures of examination and approval of quarantine
inspection shall be completed before the signing of the trade contracts or
agreements.

    Article 12  For entry into the country of plant seeds, seedlings and
other propagating materials by carrying or by post, an application shall be
submitted in advance and formalities for the examination and approval of
quarantine inspection completed; under extraordinary circumstances when the
formalities cannot be completed in advance, the carrier or sender shall
complete the formalities for examination and approval of quarantine
inspection at the port and the same shall be allowed to enter the country
upon the consent of the examination and approval authority and upon
quarantine clearance.

    Article 13  For request to transport animals in transit, the owner or his
or her agent shall submit a written application to the State Bureau of Animal
and Plant Quarantine in advance and present certifications on the epidemic
situation issued by the animal and plant quarantine authority of the
government of the exporting country or region, the certificate issued by the
animal and plant quarantine organ of the government of the importing country
or region permitting the entry of the same, and illustrate the proposed
transit route. The State Bureau of Animal and Plant Quarantine shall issue
an “Animal Transit Permit” upon examination and approval.

    Article 14  In respect of special needs for scientific research, when
processing the formalities of special examination and approval of quarantine
inspection for objects prohibited from entry as prescribed in paragraph 1,
Article 5 of the Law on Entry and Exit Animal and Plant Quarantine, the
consignor, the owner or his or her agent must submit a written application
describing quantity, use, mode of entry and epidemic prevention measures
after entry, and enclose the remarks by the port animal and plant quarantine
office concerned.

    Article 15  If any of the following circumstances occurs after the
completion of the formalities of examination and approval of quarantine
inspection, the consignor, owner or his or her agent shall once again apply
for the examination and approval of quarantine inspection:

    (1) Change in category or quantity of entry objects;

    (2) Change in the exporting country or region;

    (3) Change in port of entry; or

    Article 16  The quarantine requirements prescribed by China’s law
referred to in Article 11 of the Law on Entry and Exit Animal and Plant
Quarantine mean the quarantine requirements prescribed by China’s laws,
administrative regulations and the department of agriculture administration
under the State Council.

    Article 17  The State shall practice the registration system for
production, processing and stockpiling units of animal and plant products
abroad for export to China. The specific measures shall be formulated by the
department of agriculture administration under the State Council.

    Article 18  For the import of animals or plants, their products or other
quarantine objects, the owner or his or her agent shall apply to the animal
and plant quarantine office at the place of entry before entry or upon entry
for quarantine. In the case of quarantine to be conducted away from the
Customs supervision and control area, the owner or his or her agent shall
notify the animal and plant quarantine office at the port concerned upon
arrival of the same at the designated place. In the case of goods being
shipped to another Customs area, the owner or his or her agent shall, upon
entry, submit a declaration to the animal and plant quarantine office at the
port of entry, and shall submit the same to the port animal and plant
quarantine office at the designated place for quarantine upon arrival of the
same at the designated place.

    For the import of stud stock, their sperms or fetuses, application for
quarantine shall be submitted 30 days before entry of the same; for the
import of other animals, application for quarantine shall be submitted
15 days before entry of the same; for the import of plant seeds, seedlings or
other propagating materials, application for quarantine shall be submitted
7 days before entry of the same.

    For the entry of packaging materials or bedding materials of the nature
of animal or plant, the owner or his or her agent shall submit the
declaration to the port animal and plant quarantine office in time; the
animal and plant quarantine office may perform quarantine of the declared
objects in the light of specific conditions.

    The packaging materials or bedding materials of the nature of animal or
plant referred to in the aforesaid paragraph mean the animal products,
plants or plant products used directly as packaging materials or bedding
materials.

    Article 19  An application form for quarantine shall be filled in when
applying for quarantine to the port animal and plant quarantine office, and
the quarantine certificate issued by the animal and plant quarantine office
of the government of the exporting country or region, the certificate of
origin, the trade contract, the letter of credit and the invoices, etc. shall
be presented; in the case of necessity of formalities of examination and
approval of quarantine inspection according to law, an approval document for
quarantine inspection shall be submitted. For objects without valid
quarantine certificate issued by the animal and plant quarantine office of
the government of the exporting country or region or in the case of failure
to complete the formalities of examination and approval of quarantine
inspection for the same according to law, the port animal and plant
quarantine office may return or destroy the same objects in the light of the
specific circumstances.

    Article 20  On arrival at the port of the imported animals or plants,
their products or other quarantine objects, the quarantine functionaries may
embark on the means of transport or go to the site of the objects to perform
quarantine inspection, to check whether the goods are in keeping with the
certificates, and may collect samples in accordance with regulations. The
carrier, the owner or his or her agent shall submit the list of loading and
other relevant information to the quarantine functionaries.

    Article 21  On arrival at the port of the means of transport loaded with
animals, persons embarking or disembarking the same and persons close to the
animals shall be subject to epidemic prevention disinfection by the port
animal and plant quarantine office, and shall carry out other on-the-spot
preventive measures adopted by it.

    Article 22  Quarantine functionaries shall perform on-the-spot quarantine
according to the following provisions:

    (1) For animals: Check to see whether there are clinical symptoms of an
epidemic. Upon discovery of animals suspected to have infected with
infectious diseases or dead animals, the situation shall be verified and
dealt with forthwith with the cooperation of the owner or the escort. For
bedding materials, left-over fodder and excretion of animals, the treatment
of removal of harmful effects shall be carried out by the owner or his or her
agent under the supervision of the quarantine functionaries.

    (2) For animal products: Check to see whether there are signs of
staleness or deterioration and whether the containers and packages are in
perfect condition. For those in line with the required standards, permission
shall be granted for unloading from the means of transport. On discovery of
bail-off or broken or cracked containers, permission shall be granted for
unloading from the means of transport only when the owner or his or her agent
takes the responsibility upon himself or herself to make them good again.
Treatment of disinfection shall be carried out with regard to the concerned
parts of the means of transport as well as the containers, outer packages,
bedding materials and the contaminated sites loading animal products in the
light of prevailing circumstances. In case of necessity of laboratory
quarantine, samples shall be collected in accordance with regulations. For
animal products liable to breed plant insects or animal products mixed with
concealed weed seeds, simultaneous plant quarantine shall be performed.

    (3) For plants and plant products: Check to see whether the goods and
packing contain plant diseases or insect pests and collect samples as
prescribed. On discovery of plant diseases or insect pests which are likely
to spread, necessary timely epidemic prevention measures shall be taken with
respect to such goods, the means of transport and the loading-unloading
sites. For plant products from the epidemic area of an animal infectious
disease or likely to carry pathogens of animal infectious diseases or
parasitic diseases and used as animal fodder, simultaneous animal quarantine
shall be performed.

    (4) For packing and bedding materials of the nature of animals or
plants: Check to see whether they carry diseases or insect pests, are mixed
with concealed weed seeds or carry soil with them, and collect samples as
prescribed.

    (5) For other quarantine objects: Check to see whether the packing are
in perfect condition and whether they are contaminated by diseases or insect
pests. On discovery of breakage or contamination by diseases or insect pests,
treatment for the removal of harmful effects shall be carried out.

    Article 23  Inspection shall be carried out at different levels of bulk
animal and plant products carried by ships or trains; inability to carry out
on-the-spot inspection in view of limited storage facilities at the port or
the railway station, the goods may be unloaded and transported to the
designated place for storage with the consent of the port animal and plant
quarantine office. On discovery of epidemic in the process of unloading, the
unloading operation shall be suspended forthwith, and the owner or his or her
agent shall carry out treatment for the removal of harmful effects from the
loaded and unloaded goods in accordance with the requirements of the port
animal and plant quarantine office.

    Article 24  Imported big or medium-size cattle for breeding purposes
shall be quarantined in isolation for 45 days in an isolated animal
quarantine court set up by the State Bureau of Animal and Plant Quarantine;
other imported animals shall be quarantined in isolation for 30 days in an
isolated animal quarantine court designated by the port animal and plant
quarantine office. Control measures for isolated animal quarantine courts
shall be formulated by the department of agriculture administration under the
State Council.

    Article 25  When the same batch of entry animal or plant products is to
be unloaded separately at different ports, the port animal and plant
quarantine office shall only perform quarantine of the goods unloaded at the
said port. The port animal and plant quarantine office of the first unloading
port shall notify in time the port animal and plant quarantine offices of
other separate unloading ports of the information on quarantine and
treatment; the port animal and plant quarantine office of the last unloading
port shall unifiedly issue quarantine certificates, when they are needed,
after gathering all necessary information.

    Discovery of epidemic in the process of quarantine inspection at the
separate unloading port which requires on-board fumigation or disinfection,
the port animal and plant quarantine office at the said separate unloading
port shall unifiedly issue quarantine certificates and notify in time the
port animal and plant quarantine offices at other separate unloading ports.

    Article 26  The imported animals and plants, animal and plant products
and other quarantine objects shall be quarantined in accordance with the
national or industrial standards of China or the relevant provisions of the
State Bureau of Animal and Plant Quarantine.

    Article 27  For import animals or plants, animal or plant products or
other quarantine objects which pass quarantine inspection, the port animal
and plant quarantine office shall affix its stamp on the Customs declaration
form or issue a “Quarantine Clearance Notice”. For goods which require to be
transferred from the Customs supervision and control area at the port of
entry for quarantine, the port animal and plant quarantine office at the port
of entry shall issue a “Quarantine Transfer Notice”. The owner or his or her
agent shall go through the formalities of Customs declaration, shipment and
delivery on the strength of the stamp affixed by the port animal plant
quarantine office on the Customs declaration form or on the strength of the
“Quarantine Clearance Notice” or “Quarantine Transfer Notice” issued by it.
The Customs shall perform inspection on and issue clearance for the import
animals or plants, their products or other quarantine objects on the strength
of the stamp affixed by the port animal and plant quarantine office on the
Customs declaration form or the “Quarantine Clearance Notice” or “Quarantine
Transfer Notice” issued by it. The departments of transportation and
departments of posts and telecommunications shall effect shipment and
delivery on the strength of the aforesaid form and notices and no further
quarantine shall be performed by other quarantine organs in the country
during shipment and delivery.

    Article 28  For import animals or plants, their products or other
quarantine objects that fail to pass quarantine, the port animal and plant
quarantine office shall issue a “quarantine treatment notice”, notifying the
owner or his or her agent to carry out treatment for the removal of harmful
effects under the supervision an technical guidance of the port animal and
plant quarantine office; the port animal and plant quarantine office shall
issue quarantine certificates for those seeking claims from foreign
exporters.

    Article 29  The State Bureau of Animal and Plant Quarantine may dispatch
quarantine personnel to perform pre-quarantine, supervision over loading or
conduct epidemic investigation in the place of origin according to quarantine
requirements and with the agreement of the organs concerned of the
government of the exporting country or region of the animals or plants or
their products after consultation.

    Article 31  The owner or his or her agent shall provide the trade
contract or agreement when going through the formalities of application for
exit quarantine inspection of animals or plants, their products or other
quarantine objects according to law.

    Article 32  If the importing country requires China to register the
production, processing and stockpiling units engaging in export to their
country of animals or plants, their products or other quarantine objects, the
port animal and plant quarantine office may practice registration and report
to the State Bureau of Animal and Plant Quarantine for the record.

    Article 33  Export animals that need to be placed in isolation for
quarantine inspection before exit shall be quarantined in an isolation court
designated by the port animal and plant quarantine office. Export plants,
animal or plant products and other quarantine objects shall be quarantined at
the warehouse or depot; they may also be quarantined in the process of
production and processing, if necessary.

    Exit plants, animal or plant products and other quarantine objects
awaiting quarantine inspection shall be complete in quantity, with perfect
packing, neat piling and prominent marks.

    Article 34  Quarantine inspection of export animals and plants, their
products and other quarantine objects shall abide by:

    (1) provisions relating to animal and plant quarantine of the importing
countries or regions and China;

    (2) bilateral quarantine agreements;

    Regulations for the Implementation of the Law of the People’s Republic of
China on Entry and Exit Animal and Plant Quarantine

    (3) quarantine requirements clearly defined in the trade contracts.

    Article 35  The following procedures shall be followed with respect to
animals or plants, their products or other quarantine objects that have
passed quarantine inspection by the animal and plant quarantine office at the
place of consignment upon arrival at the port of exit:

    (1) animals shall be subject to clinical quarantine or re-quarantine by
the port animal and plant quarantine office at the point of exit;

    (2) for exit plants, animal or plant products or other quarantine
objects with original means of transport from the place of consignment,
clearance shall be given by the exit port animal and plant quarantine office
upon examination of the certificates; for those that change the means of
transport for exit, clearance shall be given upon change of certificates; and

    (3) for plants, animal or plant products or other quarantine objects to
be repackaged upon arrival at the exit port, or different quarantine
requirements to be followed as a result of change of the importing country or
region, or those that exceed the prescribed validity of quarantine, a fresh
application for quarantine inspection shall be submitted.

    Article 37  The transit(including trans-shipment, same below) of animals
or plants, their products or other quarantine objects requires the carrier or
escort to submit the shipping document and the certification issued by the
animal and plant quarantine organ of the government of the exporting country
or region to the port animal and plant quarantine office at the port of entry
for quarantine inspection; for transit of animals, an “Animal Transit Permit”
issued by the State Bureau of Animal and Plant Quarantine shall be presented
in addition.

    Article 38  On arrival of transit animals at the entry port, the entry
port animal and plant quarantine office shall carry out treatment of
disinfection of the means of transport, the outside of the containers and
perform clinical quarantine of the animals, and those having passed the
quarantine inspection shall be permitted to transit. The entry port animal
and plant quarantine office may send out quarantine personnel to supervise
the shipment to the exit port whose animal and plant quarantine office shall
perform no further quarantine inspection.

    Article 40  Any plant seeds, seedlings or other propagating materials
carried or posted into the country without going through the formalities of
examination and approval of quarantine inspection in accordance with law,
shall either be returned or destroyed by the port animal and plant quarantine
office. Reasons for the return of the pos