Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
Date of Promulgation | 1997-07-03 | Effective Date | 1998-01-01 |
Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | In Force |
Date of Promulgation | 1997-07-03 | Effective Date | 1998-01-01 |
Animal Epidemic Prevention Law of the People’s Republic of China |
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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
(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)
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.
Chapter 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 husbandry 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 husbandry and veterinary administrative department
under the State Council shall exercise unified control over and publish animal
epidemic information nationwide, or may, when necessary, authorize the animal
husbandry and veterinary administrative departments under people’s governments
of provinces, autonomous regions and municipalities directly under the Central
Government to publish animal epidemic information within their own
administrative regions.
Article 20 Any unit or individual that finds an animal(s) having an
epidemic disease or suspect of having an epidemic disease shall in time report
to the local supervising agency for animal epidemic prevention. The latter
shall promptly take measures and report the case to the higher authority
according to the relevant state provisions.
No unit or individual may conceal, falsely report or hinder another person
from reporting animal epidemic information.
Article 21 In the case of an animal epidemic of Class I, the animal
husbandry and veterinary administrative department under the local people’s
government at or above the county level shall dispatch its personnel to the
scene forthwith to delimit the epidemic point, the epidemic area and the
threatened area, collect epidemic materials, investigate into the epidemic
source, report in time to the people’s government at the same level for a
decision of cordoning off the epidemic area, and report the epidemic situation
and the related information level by level to the animal husbandry and
veterinary administrative department under the State Council.
The local people’s government at or above the county level shall organize
departments and units concerned without delay to take compulsory measures for
control and extermination of the animal epidemic such as isolation, massacre,
destruction, disinfection and emergency immunization vaccination to
exterminate the epidemic disease promptly, and shall inform the neighbouring
areas of the case.
During the sanitary cordon, animals or animal products having the epidemic
disease or suspect of having the epidemic disease are prohibited from moving
out of the epidemic area, and animals coming from outside the epidemic area
shall be prohibited from entering the epidemic area. As required for the
extermination of the animal epidemic, persons, means of transport and relevant
articles which leave or enter the cordoned-off area shall be disinfected and
imposed upon other restrictions.
Where the epidemic area involves two or more administrative regions, the
decision on the cordon of the epidemic area shall be made by the common
people’s government at the next higher level than the concerned administrative
regions, or jointly by the people’s governments at the next higher level than
the concerned administrative regions.
Article 22 In the case of an animal epidemic of Class II, the animal
husbandry and veterinary administrative department under the local people’s
government at or above the county level shall delimit the epidemic point, the
epidemic area and the threatened area.
The local people’s government at or above the county level shall, when
necessary, organize departments and units concerned to take control and
extermination measures such as isolation, massacre, destruction, disinfection,
emergency immunization vaccination and imposition of restrictions upon
entering and leaving of the epidemic area by animals, animal products and
relevant articles that are susceptible to the epidemic disease.
Article 23 The disestablishment of the epidemic point, the epidemic area
and the threatened area and the lifting of the cordon of the epidemic area
shall be announced by the organ that made the original decision.
Article 24 In the case of an animal epidemic of Class III, the people’s
government at the county or township level shall organize the prevention and
purification of the epidemic according to the plans for animal epidemic
prevention and the provisions of the animal husbandry and veterinary
administrative department under the State Council.
Article 25 The provisions of Article 21 in this Law shall apply if an
animal epidemic of Class II or Class III spreads violently.
Article 26 For the purpose of control or extermination of major animal
epidemic situations, the supervising agencies for animal epidemic prevention
may dispatch their personnel to the inspecting stations having been set up
according to law by the locality to undertake supervision and inspection. When
necessary, provisional supervising and inspecting stations for animal epidemic
prevention may be set up subject to the approval of the people’s government of
the province, autonomous region and municipality directly under the Central
Government in order to perform supervision and inspection.
Article 27 In the case of an epidemic disease contracted commonly by both
human beings and livestock, the animal husbandry and veterinary administrative
department, the public health administrative department and other units
concerned shall exchange information on the epidemic situation and shall take
control and extermination measures in time.
Article 28 Any unit or individual within an epidemic area shall observe
the stipulations of the people’s government at or above the county level and
its animal husbandry and veterinary administrative department for the control
and extermination of the animal epidemic.
Article 29 In the case of an animal epidemic, transportation departments
such as civil aviation, railways, highways and waterways shall give priority
to the transportation of personnel and related materials for control and
extermination of the epidemic situation, and post and telecommunications
departments shall deliver and transmit reports on the epidemic situation in
time.
Chapter IV Quarantine of Animals and Animal Products
Article 30 Supervising agencies for animal epidemic prevention shall, in
accordance with the national standards, the trade standards and quarantine
measures set by the animal husbandry and veterinary administrative department
under the State Council, and in the light of the objects to be quarantined,
carry out the quarantine of animals and animal products.
Article 31 Supervising agencies for animal epidemic prevention shall have
quarantine officers responsible for the quarantine of animals and animal
products. Quarantine officers shall possess the necessary professional skills.
The detailed measures for qualifications and issuance of qualification
certificates shall be formulated by the animal husbandry and veterinary
administrative department under the State Council.
The animal husbandry and veterinary administrative departments at or above
the county level shall step up the training, evaluation and administration of
quarantine officers. No quarantine officer may be permitted to take up the
post for quarantine unless he has obtained the corresponding qualification
certificate.
Quarantine officers shall observe quarantine rules in carrying out
quarantine and bear liability for the quarantine results.
Article 32 The state exercises slaughter at designated points and
centralized quarantine of livestock like pigs and other animals.
The people’s governments of provinces, autonomous regions and
municipalities directly under the Central Government shall set categories of
livestock and scopes of regions within their respective administrative regions
to practise slaughter at designated points and centralized quarantine.
Specific slaughterhouses (or points) shall be determined by the people’s
governments in cities (including cities without districts) and counties after
studies by the departments concerned organized by them.
Supervising agencies for animal epidemic prevention shall carry out
quarantine of animals slaughtered in slaughterhouses (or points) and affix to
slaughtered animals their uniform stamps for having been inspected. Slaughter
quarantine in slaughterhouses and joint meat processing factories determined
subject to consultation between the animal husbandry and veterinary
administrative department and the commodity circulation department under the
State Council shall be handled pursuant to the relevant provisions of the
State Council and shall be under supervision according to law.
Article 33 For quarantine of livestock like pigs and other animals
slaughtered by farmers themselves for their own use, the people’s governments
of provinces, autonomous regions and municipalities directly under the Central
Government shall formulate control measures.
Article 34 Supervising agencies for animal epidemic prevention shall
collect fees for their legal quarantine inspections according to the
provisions of the financial and price control departments under the State
Council and shall not collect other additional fees or repeat charging for the
same item of quarantine.
Article 35 Supervising agencies for animal epidemic prevention shall not
engage in business activities.
Article 36 Those who intend to introduce breeding animals and their
semen, embryos and breeder eggs from another place in the country shall first
apply to the supervising agency for animal epidemic prevention of the locality
for examination and approval of quarantine and shall be subject to quarantine
inspection.
Article 37 Wild animals having been caught by man which are likely to
spread animal epidemics shall not be sold and transported before passing
quarantine inspection by the supervising agency for animal epidemic prevention
in the place where the wild animals are caught or where the wild animals are
to be received.
Article 38 If any animal or 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 inspection 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 case 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 to withdraw animals and animal
products having been sold. If the circumstances are serious, the offender may
be 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