中华人民共和国动物防疫法(2007修订)英文版

.星期二, 05/17/2011 - 07:09

Law of the People’s Republic of China on Animal Epidemic Prevention

Promulgation date: 08-30-2007 Department: Standing Committee of the National People's Congress

Effective date: 01-01-2008 Subject: Animal Husbandry

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Order of the President (No.71)

The Law of the People’s Republic of China on Animal Epidemic Prevention was revised and adopted at the 29th meeting of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on August 30th, 2007. The revised version is hereby promulgated and shall come into force as of January 1st, 2008.

President of the People’s Republic of China Hu Jintao

August 30th, 2007

Law of the People’s Republic of China on Animal Epidemic Prevention

(Adopted at the 26 th meeting of the Standing Committee of the 8th National People’s Congress of the People’s Republic of China on July 3, 1997 and revised at the 29 th meeting of the Standing Committee of the 10 th National People’s Congress of the People’s Republic of China on August 30 th, 2007)

Contents

Chapter I General Provisions

Chapter II Prevention of Animal Epidemics

Chapter III Reporting, Informing and Announcing of Animal Epidemic Situation

Chapter IV Control and Elimination of Animal Epidemics

Chapter V Quarantine of Animals and Animal Products

Chapter VI Animal Diagnosis and Treatment

Chapter VII Supervision and Administration

Chapter VIII Safeguard Measures

Chapter IX Legal Liabilities

Chapter X Supplementary Provisions

 

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of strengthening administration of animal epidemic prevention, preventing, controlling and eliminating animal epidemics, promoting the development of the breeding industry, protecting human health and safeguarding public health safety.

Article 2 This Law shall apply to animal epidemic prevention, supervision and management activities conducted within the borders of the People’s Republic of China.

The entry and exit quarantine of animals and animal products shall be governed by the Law of the People’s Republic of China on the Entry and Exit Quarantine on Animals and Plants.

Article 3 The term "animals" as mentioned in this Law refers to livestock and poultry as well as other animals that are artificially raised or are legally captured.

The term "animal products" as mentioned in this Law refers to animals’ meat, peltry, raw hair, fine hair, viscera, fat, blood, semen, eggs, embryos, bones, hoofs, heads and muscles as well as milk and eggs that may transmit animal epidemics.

The term "animal epidemics" as mentioned in this Law refers to infectious and parasitic animal diseases.

"Animal epidemic prevention" as mentioned in this Law includes the prevention, control and elimination of animal epidemics as well as the quarantine of animals and animal products.

Article 4 In light of the harmfulness of animal epidemics to production of the breeding industry and to human health, the epidemics under control as prescribed by this Law are grouped into the following three categories:

(1) Category I includes epidemics that menace human beings and animals so seriously that urgent and severe compulsory measures must be taken to prevent, control and eliminate them;

(2) Category II includes epidemics that are liable to cause heavy economic losses and call for strict measures to control and eliminate them, and to prevent them from spreading;

(3) Category III includes epidemics that are common and frequently-occurring, and are liable to cause heavy economic losses and need to be controlled and for which sterilization is necessary.

The catalogues of the specific diseases under the three categories of epidemics as mentioned above shall be worked out and issued by the veterinary administrative department under the State Council.

Article 5 The State practices the principle of putting prevention first with regard to animal epidemics.

Article 6 The people’s governments at or above the county level shall provide unified leadership with regard to the work related to animal epidemic prevention, make more efforts in building grassroots animal epidemic prevention teams, establish animal epidemic prevention systems and constantly improve then, and work out animal epidemic prevention and control programs and organize their implementation.

The people’s governments at the township level and urban sub-district offices shall organize the masses to do a good job in assisting the animal epidemic prevention and control work within their respective jurisdictions.

Article 7 The veterinary administrative department under the State Council shall be in charge of the animal epidemic prevention work in the whole country.

The administrative departments of veterinary under the local people’s governments at or above the county level shall be in charge of the animal epidemic prevention in their respective administrative regions.

Other departments of the people’s governments at or above the county level shall do a good job in animal epidemic prevention within their respective scope of duties.

The functional department of animal health supervision in the army and that in armed police forces shall be in charge of their respective epidemic prevention among animals in active service and animals raised for their own use.

Article 8 Animal health supervision institutions established by the local people’s governments at or above the county level shall, in accordance with this Law, take charge of the quarantine work of animals and animal products and other supervision, management and law enforcement work related to animal epidemic prevention.

Article 9 The people’s governments at or above the county level shall, pursuant to the provisions of the State Council and in accordance with the principles of overall planning, reasonable layout and comprehensive arrangement, establish animal epidemic prevention and control institutions to monitor, detect and diagnose animal epidemics, make epidemiological investigation, report epidemic situation and take charge of other prevention/control-related technical work.

Article 10 The State encourages and supports conducting scientific research and international cooperation and exchange in animal epidemic prevention, promoting the wide use of advanced scientific research achievements, popularizing scientific knowledge about animal epidemic prevention, and improving the scientific and technological level in this field.

Article 11 The people’s governments at various levels and the relevant departments shall award entities and individuals that have made achievements or contributions in animal epidemic prevention and the scientific research in this field.

 

Chapter II Prevention of Animal Epidemics

Article 12 The veterinary administrative department under the State Council shall make risk assessment on animal epidemics and work out corresponding animal epidemic prevention and control measures based on the assessment results.

 

The veterinary administrative department under the State Council shall, in light of the animal epidemic situation at home and abroad and the need for protecting the production of the breeding industry and human health, draw up and announce technical norms for animal epidemic prevention in good time.

 

Article 13 The state implements compulsory immunization for animal epidemics that seriously harm the production of the breeding industry and human health. The catalogue of animal epidemics that are subject to compulsory immunization and that of regions concerned shall be worked out and issued by the veterinary administrative department under the State Council, which shall also work out a state compulsory immunization plan together with other relevant departments under the State Council.

 

The veterinary administrative department of the people’s government of any province, autonomous region or municipality directly under the Central Government shall, in light of the state compulsory immunization plan, work out a compulsory immunization plan for this administrative region, and may add new animal epidemic diseases that shall be subject to compulsory immunization or expand the region concerned, but the addition or the expansion shall be carried into force after it is approved by the people’s government at the same level and shall also be reported to the veterinary administrative department under the State Council for record.

 

Article 14 The veterinary administrative departments of the local people’s governments at or above the county level shall organize the implementation of their respective compulsory immunization plans. The people’s governments at the township level and urban sub-district offices shall organize entities and individuals raising animals within their respective jurisdictions to do a good job in compulsory immunization.

 

Entities and individuals raising animals shall fulfill the compulsory immunization obligation according to law and do a good job in this field in light of the requirements of the competent veterinary administrative department.

 

Animals which have been compulsorily immunized shall be put on archives in accordance with the provisions of the veterinary administrative department under the State Council and the label for livestock and poultry shall be tagged thereon. Traceable management shall be exercised in this aspect.

 

Article 15 The people’s government at or above the county level shall establish an animal epidemic monitoring network to strengthen the monitoring over animal epidemics.

 

The veterinary administrative department under the State Council shall work out a state animal epidemic monitoring plan. While the veterinary administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the state animal epidemic monitoring plan, work out the animal epidemic monitoring plans for their respective administrative regions.

 

Animal epidemic prevention and control institutions shall supervise the occurrence and prevalence of animal epidemics in accordance with the provisions of the veterinary administrative department under the State Council, and entities and individuals engaging in the breeding, slaughter, trading, isolation or transportation of animals and those engaging in the production, trading, processing or storage of animal products may not refuse or impede such supervisory activities.

 

Article 16 The veterinary administrative department under the State Council and those under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall give early warnings of animal epidemics according to the forecasting on the occurrence or prevalence trend of animal epidemics. The local people’s governments at various levels shall take corresponding prevention or control measures after receiving the early warnings.

 

Article 17 Entities and individuals engaging in the breeding, slaughter, trading, isolation or transportation of animals and those engaging in the production, trading, processing or storage of animal products shall do a good job in immunization, sterilization and other animal epidemic prevention-related work.

 

Article 18 Breeding animals, dairy animals and pets shall satisfy the health standards prescribed by the veterinary administrative department under the State Council.

 

Breeding and dairy animals shall be subject to the inspection conducted by animal epidemic prevention and control institutions on a regular basis. If any animal is found unqualified, it shall be handled in accordance with the provisions of the veterinary administrative department under the State Council.

 

Article 19 Animal farms (breeding lots), isolation sites, animal slaughter and processing workshops and places for harmless treatment of animals and animal products shall satisfy the following conditions for animal epidemic prevention:

1. the distance between any of such sites and any residential area, source of drinking water, school, hospital or any other public place shall satisfy the standards prescribed by the veterinary administrative department under the State Council;

2. the producing area shall satisfy the requirements on animal epidemic prevention in terms of blockade, isolation, engineering design and technological flow;

3. having corresponding equipment and facilities for harmless treatment of sewage, feculence, animals which died of illness and infectious animal products, and facilities for cleaning and sterilization;

4. having technical personnel good at animal epidemic prevention;

5. having a sound animal epidemic prevention system; and

6. satisfying other animal epidemic prevention conditions as determined by the veterinary administrative department under the State Council.

 

Article 20 To establish an animal farms (breeding lot), isolation site, animal slaughter and processing workshop or place for harmless treatment of animals and animal products, an application attached with the relevant materials shall be filed with the veterinary administrative department of the local people’s government at or above the county level. The veterinary administrative department accepting the application shall examine it pursuant to the provisions of this Law and the Administrative License Law of the People’s Republic of China. If it satisfies the relevant requirements, an acceptance certificate on satisfying animal epidemic prevention requirements shall be issued to the applicant; if it fails to satisfy the requirements, the applicant shall be notified and reasons shall be given. Where it is necessary to handle the industrial and commercial registration formalities, the applicant shall handle such formalities at the administrative department of industry and commerce upon the strength of the acceptance certificate.

 

The acceptance certificate shall bear the applicant’s name and plant location, etc.

 

Markets trading animals and animal products shall satisfy the animal epidemic prevention conditions as specified by the veterinary administrative department under the State Council and be subject to the supervision and inspection of animal health supervision institutions.

 

Article 21 The means of delivery, cushion materials, packaging materials and containers for animals and animal products shall meet the requirements for animal epidemic prevention as set by the veterinary administrative department under the State Council.

 

Epidemic-infected animals and their excrement, products of epidemic-infected animals, carcass of animals that died of illness or of uncertain causes and the excrements, cushion materials, packing and containers in the means of delivery must be handled according to the relevant regulations of the veterinary administrative department under the State Council, and may not be disposed of at will.

 

Article 22 State provisions on the administration of pathogenic microorganism laboratories shall be observed in collecting, storing and transporting animal pathologic materials or pathogenic microorganisms and in conducting pathogenic microorganism-related research, teaching, testing and diagnosing activities.

 

Article 23 Persons suffering from an infectious disease which may be contracted by both human beings and animals may neither directly diagnose or treat animals nor raise, slaughter, trade, isolate or transport animals susceptible to such disease.

 

List of infectious diseases that can be contracted by both human beings and animals shall be worked out and published by the veterinary administrative department under the State Council and the health administrative department under the State Council.

 

Article 24 The state applies regional management to animal epidemics, and areas without prescribed animal epidemics shall be established gradually. An area without prescribed animal epidemics shall satisfy the standards prescribed by the veterinary administrative department under the State Council and be announced after it is checked and accepted by the veterinary administrative department under the State Council.

 

The term “area without prescribed animal epidemics” as mentioned in this Law refers to an area which has natural barrier or has adopted measures, does not have one or several prescribed animal epidemics within a certain period and has been checked and accepted.

 

Article 25 It is forbidden to slaughter, trade or transport the following animals, or produce, trade, process, store or transport the following animal products:

1. that are related to any animal epidemic occurring in a blockaded epidemic area;

2. that are vulnerable to infection in an epidemic-stricken area;

3. that fail to undergo quarantine inspection as required by law or fail to pass the quarantine inspection;

4. that have already contracted an epidemic disease or are suspects of an epidemic disease ;

5. that died of illness or uncertain causes; or

6. that are under other circumstances not conforming to the provisions of the veterinary administrative department under the State Council regarding animal epidemic prevention.

 

Chapter III Reporting, Informing and Announcing of Animal Epidemic Situation

 

Article 26 Entities and individuals engaging in animal epidemic situation monitoring, check and quarantine, and research, diagnosis and treatment of epidemic diseases as well as those engaging in breeding, slaughter, trading, isolation and transportation of animals shall, once finding out that an animal is infected by an epidemic disease or is a suspect of an epidemic disease, immediately report it to the local veterinary administrative department, the local animal health supervision institution or the local animal epidemic prevention and control institution and adopt such control measures as isolation to prevent the spreading of the epidemic disease. Where any other entity or individual finds out such situation, it or he shall report in a timely manner.

 

Entities being informed of an animal epidemic situation shall adopt necessary control measures to handle the situation in a timely manner and report the whole situation to higher authorities in accordance with the procedure as prescribed by the state.

 

Article 27 An animal epidemic situation shall be confirmed by the veterinary administrative departments of the people’s government at or above the county level. In particular, a gross animal epidemic situation shall be determined by the veterinary administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government, and reported to the veterinary administrative department under the State Council for confirmation when necessary.

 

Article 28 The veterinary administrative department under the State Council shall notify the relevant departments under the State Council and the Army as well as the veterinary administrative departments of provinces, autonomous regions and municipalities directly under the Central Government of the occurrence and handling situation of a gross animal epidemic situation in a timely manner. In the event of any infectious disease that can be contracted by both human beings and animals, the veterinary administrative departments of the people’s government at or above the county level and the health administrative departments at the same level shall notify each other in a timely manner.

 

The veterinary administrative department under the State Council shall, in accordance with the treaties and conventions concluded or acceded to by China, notify the relevant international organizations or trading partners of the occurrence and handling situation of gross animal epidemic situations in a timely manner.

 

Article 29 The veterinary administrative department under the State Council shall be responsible for announcing the animal epidemic situation of the whole nation in a timely manner. It may also authorize the veterinary administrative departments of provinces, autonomous regions and municipalities directly under the Central Government to announce the animal epidemic situation in their respective administrative regions. No other entity or individual may announce any information about animal epidemic situation.

 

Article 30 No entity or individual may hide the real animal epidemic situation in making reports, give false information about an animal epidemic situation, report belatedly or fail to report the relevant animal epidemic situation, incite other people to do so, or impede other people from reporting an animal epidemic situation.

 

Chapter IV Control and Elimination of Animal Epidemics

 

Article 31 When an animal epidemic of Category I occurs, the following measures shall be taken to control and eliminate it:

1. the veterinary administrative department under the local people’s government at or above the county level shall promptly dispatch people to the scene to demarcate the epidemic place, epidemic area and vulnerable area and to find out the source of the epidemic, and immediately report to the people’s government at the same level for blockading the epidemic area. If an epidemic-stricken area covers two or more administrative regions, the common people’s government at the next higher level of these administrative regions shall make a decision on blockading the epidemic area, or such a decision shall be made jointly by the people’s governments at the next higher level of these administrative regions. The people’s governments at higher levels may order the people’s governments at lower levels to do so when necessary.

 

2. The local people’s government at or above the county level shall promptly ask the departments and entities concerned to take compulsory measures such as blockading, isolating, catching and killing, exterminating, sterilizing, harmlessly treating or giving emergency immunization to disease-infected animals so as to swiftly keep the epidemic under control and wipe it out.

 

3. During the period of blockading, any outflow of animals or animal products that have contracted or that are suspected to have contracted the epidemic from the epidemic-stricken area is prohibited, and any inflow of vulnerable animals from non-epidemic-stricken areas into the epidemic-stricken area is also prohibited, and sterilization and other restrictive measures shall, in light of the need for eliminating the animal epidemic, also be taken for persons, means of delivery and other goods entering or leaving the epidemic-stricken area.

 

Article 32 When an animal epidemic of Category II occurs, the following measures shall be taken to control and eliminate it:

1. The veterinary administrative department under the local people’s government at or above the county level shall demarcate the epidemic place, epidemic-stricken area and vulnerable area.

 

2 The local people’s government at or above the county level shall, where necessary, ask the departments and entities concerned to take such measures as isolating, catching and killing, exterminating, sterilizing, harmlessly treating or giving emergency immunization to disease-infected animals and restricting the outflow and inflow of animals, animal products and goods that are susceptible to diseases so as to keep the epidemic disease under control and wipe it out.

 

Article 33 The termination of a demarcated epidemic place, epidemic area or vulnerable area as well as the releasing of the blockading of an epidemic area shall be announced by the authorities that originally made the decision on the demarcation or the blockading after it is evaluated in accordance with the standards and procedures as prescribed by the veterinary administrative department under the State Council.

 

Article 34 When an animal epidemic of Category III occurs, the people’s governments at the county and township levels shall, in accordance with the relevant provisions of the veterinary administrative department under the State Council, organize the prevention of the animal epidemic and the sterilization of the epidemic-stricken areas.

 

Article 35 In case any animal epidemic of Category II or Category III breaks out and spreads fast, it shall be treated as one of Category I.

 

Article 36 For the purpose of controlling and eliminating an animal epidemic, the animal health supervision institution shall send people to join the existing local checkpoints legally set up and carry out the tasks of supervision and checkup. Provisional checkpoints for animal epidemic prevention and supervision may be set up whenever necessary to carry out the tasks of supervision and checkup upon approval of the people’s government of the province, autonomous region or municipality directly under the Central Government.

 

Article 37 Where an infectious disease that can be contracted by both human beings and animals occurs, the health administrative department shall conduct monitoring over vulnerable groups living in the epidemic-stricken area and take corresponding prevention and control measures.

 

Article 38 The relevant entities and individuals in an epidemic-stricken area shall comply with the provisions on controlling and eliminating the animal epidemic which are legally formulated by the people’s government at or above the county level and its veterinary administrative department.

 

No entity or individual may hide, displace, steal or grub any animal or animal product which has been isolated, sealed up for keeping and disposed of according to law.

 

Article 39 Where an animal epidemic occurs, the transportation departments, including departments of civil aviation, railways, highways and waterways, shall give priority to transporting personnel who are sent to control and eliminate the epidemic and the materials for such purpose.

 

Article 40 Where an animal epidemic of Category I, II or III breaks out, spreads fast, seriously endangers and harms the safe production of the breading industry and may cause great danger to the general public’s health and life safety, it shall be confirmed as a gross animal epidemic situation and emergency measures shall be adopted in accordance with laws and provisions of the State Council.

 

Chapter V Quarantine of Animals and Animal Products

 

Article 41 Animal health supervision institutions shall, pursuant to this Law and the provisions of the veterinary administrative department under the State Council, carry out quarantine inspections on animals and animal products.

 

Animal health supervision institutions shall be manned with officially registered veterinaries to carry out quarantine inspections on animals and animal products. Such officially registered veterinaries shall have required qualifications and certificates of competence issued by the veterinary administrative department under the State Council, and the specific measures shall be formulated by the veterinary administrative department under the State Council together with the personnel administrative department under the State Council.

 

The term “officially registered veterinaries” as mentioned in this Law refers to state functionary veterinaries who have required qualifications, are appointed by the veterinary administrative departments and are in charge of issuing the quarantine certificate.

 

Article 42 Before slaughtering, selling or transporting animals or selling or transporting animal products, the owner shall apply to the local animal health supervision institution for quarantine in accordance with the provisions of the veterinary administrative department under the State Council.

 

The local animal health supervision institution shall, after receiving the application, assign an officially registered veterinary to conduct an on-the-spot quarantine inspection on the animals or animal products. If they pass the inspection, a quarantine certificate shall be issued and the quarantine label shall be tagged thereon. The officially registered veterinary shall sign or affix his seal on the quarantine certificate and the quarantine label and be responsible for the quarantine conclusion.

 

Article 43 A quarantine certificate shall be obtained for animals to be slaughtered, traded, transported or to participate in any exhibition, show or match. Animal products to be traded or transported shall also have a quarantine certificate and the quarantine label.

 

As for the animals and animal products mentioned in the preceding paragraph, the animal health supervision institution may conduct spot check on the quarantine certificate and the quarantine label, but may not charge double fee for quarantine.

 

Article 44 Before having the animals and animal products transported by railway, highway, waterway, or air, the consignor shall provide the quarantine certificate when consigning them for delivery. No carrier may accept them without the quarantine certificate.

 

Means of delivery shall be cleaned and sterilized before loading and after unloading in a timely manner.

 

Article 45 When transporting animals or animal products into any area without prescribed animal epidemics, the owner shall apply to the animal health supervision institution of the place where the area without prescribed animal epidemics is located for quarantine in accordance with the provisions of the veterinary administrative department under the State Council. Such animals or animal products may not enter the area unless they have passed the quarantine inspection. The quarantine charges shall be brought into the fiscal budget of the people’s government of the place where the area without prescribed animal epidemics is located.

 

Article 46 To introduce dairy animals, breading animals or their semen, embryos or fertilized eggs from another province, autonomous region or municipality directly under the Central Government, an application for handling examination and approval formalities shall be made to the animal health supervision institution of the designation place, and a quarantine certificate must be obtained in accordance with the provision of Article 42 of this Law.

 

After the dairy or breeding animals introduced from another province, autonomous region or municipality directly under the Central Government arrive at the designation, the owner shall isolate and observe them in accordance with the provisions of the veterinary administrative department under the State Council.

 

Article 47 Captured wild animals that might spread animal epidemics must undergo the quarantine inspection conducted by the animal health supervision institution of the place of their capture, and they must pass the inspection before they are raised, traded or transported.

 

Article 48 As for animals or animal products that fail to pass the quarantine inspection, the owner shall handle them under the supervision of the animal health supervision institution in accordance with the relevant provisions of the veterinary administrative department under the State Council, and pay the necessary charges for the handling.

 

Article 49 Where charges shall be collected for quarantine inspections conducted according to law, the charge items and rates shall be determined by the finance department and the administrative department of price under the State Council.

 

Chapter VI Animal Diagnosis and Treatment

 

Article 50 An institution engaging in animal diagnosis and treatment shall satisfy the following requirements:

1. having a place which is suitable for conducting animal diagnosis and treatment activities and satisfies the requirements on animal epidemic prevention;

2. having practicing veterinaries corresponding to animal diagnosis and treatment;

3. having appliances and facilities necessary for animal diagnosis and treatment; and

4. having a perfect management system.

 

Article 51 To establish an institution engaging in animal diagnosis and treatment, an application for animal diagnosis and treatment license shall be filed with the veterinary administrative department of the local people’s government at or above the county level. The veterinary administrative department accepting the application shall handle the examination and approval formalities in accordance with the provisions of this Law and the Administrative License Law of the People’s Republic of China. In the case of approval, an animal diagnosis and treatment license shall be issued; in the case of disapproval, the applicant shall be notified and reasons shall be given. An applicant shall apply to the administrative department of industry and commerce for handling the registration formalities upon the strength of the animal diagnosis and treatment license, and it may not engage in any animal diagnosis and treatment activity until the business license is obtained.

 

Article 52 The animal diagnosis and treatment license of an institution engaging in animal diagnosis and treatment activities shall bear the name of the institution, the scope of diagnosis and treatment, practicing place and its legal representative (person in charge), etc.

 

In the case of any change in the items indicated in the license, an application for modification or re-issuance shall be filed and the formalities for registration of modification shall be handled at the administrative department of industry and commerce.

 

 

Article 53 An animal diagnosis and treatment institution shall, in accordance with the provisions of the veterinary administrative department under the State Council, do a good job in sanitation safety protection, sterilization, isolation and disposal of castoffs from animal diagnosis and treatment, etc.

 

Article 54 The state practices the practicing veterinary examination system. Any person having the educational background of junior college or above and majoring in veterinary or any related field may apply for taking the practicing veterinary examination. If he passes the examination, he shall obtain a practicing veterinary certificate issued by the veterinary administrative department under the State Council. If he intends to engage in animal diagnosis and treatment, he shall still apply to the local veterinary administrative department of the people’s government at the county level for registration. The measures for practicing veterinary examination administration and registration shall be formulated by the veterinary administrative department under the State Council by consulting with the personnel administrative department under the State Council.

 

The term “practicing veterinary” as mentioned in this Law refers to veterinaries engaging in animal diagnosis, health care and other related business activities.

 

Article 55 A practicing veterinary may not engage in such activities as diagnosing animals and issuing veterinary prescriptions before being registered as a practicing veterinary. But if it is otherwise provided on personnel providing veterinary services in rural areas as prescribed in Article 57 of this Law, such provision shall apply.

 

Practicing veterinaries and personnel providing veterinary services in rural areas shall, in light of the requirements of the local people’s government or the veterinary administrative department, take part in animal epidemic prevention, control and elimination activities.

 

Article 56 To engage in animal diagnosis and treatment activities, one must abide by the operating technical norms for animal diagnosis and treatment and use veterinary medicines and appliances satisfying the relevant state provisions.

 

Article 57 Personnel providing veterinary services in rural areas may conduct animal diagnosis and treatment activities in rural areas, and the specific administrative measures shall be formulated by the veterinary administrative department under the State Council.

 

Chapter VII Supervision and Administration

 

Article 58 Animal health supervision institutions shall exercise animal epidemic prevention supervision and administration over such activities as breeding, slaughtering, trading, isolating and transporting animals and producing, trading, processing, storing and transporting animal products.

 

Article 59 To exercise the duty of supervision and inspection, an animal health supervision institution may take the following measures, and no related entity or individual may refuse or impede:

1. sampling and detaining animals and animal products for checkups, and make spot inspections;

2. isolating, sealing up, detaining and disposing of animals which are infected by an epidemic or suspects of the epidemic, their products or other relevant articles;

3. quarantining animals that should have been quarantined as required by law but not;

4. as for animal products that should have been quarantined as required by law but not, quarantining them if it is operable to do so, otherwise, confiscating and destroying them; or

5. checking the quarantine certificate, the quarantine label and the label for livestock and poultry; or

6. entering the relevant sites to investigate, take evidence and consult and copy materials about animal epidemic prevention.

 

Animal health supervision institutions shall, in light of the needs for animal epidemic prevention and control, assign officially registered veterinaries to stations, ports, airports and other relevant places upon the approval of the local people’s governments at or above the county level.

 

Article 60 Any officially registered veterinary shall, when performing the task of animal epidemic prevention supervision and inspection, produce his administrative law enforcement certificate and wear the unified symbol.

 

No animal health supervision institution or any of its functionaries may engage in any animal epidemic prevention-related business activities or change any fees for supervision and inspection.

 

Article 61 It is forbidden to transfer, forge or alter the quarantine certificate, the quarantine label and the label for livestock and poultry.

 

The administrative measures of the quarantine certificate and the quarantine label shall be formulated by the veterinary administrative department under the State Council.

 

Chapter VIII Safeguard Measures

 

Article 62 The people’s government at or above the county level shall bring animal epidemic prevention into the national economic and social development program and the annual plan of the same administrative level.

 

Article 63 The people’s government at the county or township level shall take effective measures to strengthen the building of village-level epidemic prevention controller teams.

 

The veterinary administrative department of the people’s government at the county level shall, in light of the needs of animal epidemic prevention, station a veterinary institution in a certain town or a special region.

 

Article 64 The people’s government at or above the county level shall, in light of its government duties, bring the expenses necessary for animal epidemic prevention, control, elimination, quarantine and supervision and management into its fiscal budget.

 

Article 65 The people’s government at or above the county level shall store epidemic prevention materials necessary for animal epidemic emergencies.

 

Article 66 The people’s government at or above the county level shall make compensations for animals forcibly killed and animal products and other relevant articles forcibly destroyed for the prevention, control and elimination of any animal epidemic. The specific standards and measures for such compensation shall be formulated by the finance department under the State Council together with other relevant departments.

 

Compensations shall also be made for animals which died for stress from compulsory immunization. The specific standards and measures for such compensation shall be formulated by the finance department under the State Council together with other relevant departments.

 

Article 67 As for the personnel who engage in animal epidemic prevention, quarantine, supervision and field treatment of animal epidemics and have contact with animal epidemic pathogens, the relevant entities shall take effective sanitation protection measures and medical care measures in accordance with the relevant state provisions.

 

Chapter IX Legal Liabilities

 

Article 68 Where any people’s government or any of its functionaries fails to perform its/his duties pursuant to this Law, punishments shall be imposed upon the directly liable person in charge and other directly liable persons.

 

Article 69 Where the veterinary administrative department of the people’s government at or above the county level or any of its functionaries violates this Law by committing any of the following behaviors, the people’s government shall order it/him to correct, circulate a notice of criticism and impose punishments upon the directly liable person in charge and other directly liable persons according to law:

1. failing to take measures for prevention, control or elimination in a timely manner;

2. issuing acceptance certificates on satisfying animal epidemic prevention requirements or animal diagnosis and treatment licenses to those unqualified, or refusing to issuing such certificates or licenses to those qualified; or

3. other behaviors that shall be deemed as failing to perform duties pursuant to this Law.

 

Article 70 Where an animal health supervision institution or any of its functionaries violates this Law by committing any of the following behaviors, the people’s government or the veterinary administrative department at the same level shall order it/him to correct, circulate a notice of criticism and impose punishments upon the directly liable person in charge and other directly liable persons according to law:

1. issuing quarantine certificates or tagging the quarantine label to animals or animal products which have not been quarantined on the spot or fail to pass quarantine inspections, or refusing to issue such certificates or tag such label to animals or animal products which have passed quarantine inspections;

2. re-quarantining animals or animal products with quarantine certificates and the quarantine label;

3. engaging in animal epidemic prevention-related profit-making activities, or charging additional fees or double fee by going against the charge items and rates prescribed by the finance department and the administrative department of price under the State Council; or

4. other behaviors that shall be deemed as failing to perform duties pursuant to this Law.

 

Article 71 Where an animal epidemic prevention and control institution or any of its functionaries violates this Law by committing any of the following behaviors, the people’s government or the veterinary administrative department at the same level shall order it/him to correct, circulate a notice of criticism and impose punishments upon the directly liable person in charge and other directly liable persons according to law:

1. failing to perform the duties of supervising or inspecting animal epidemics, or forging supervising or inspecting results;

2. failing to diagnose or investigate in a timely manner after an animal epidemic occurs; or

3. other behaviors that shall be deemed as failing to perform duties pursuant to this Law.

 

Article 72 Where the local people’s government, any of the related departments or any of their functionaries hides the real animal epidemic situation in making reports, gives false information about an animal epidemic situation, reports belatedly or fails to report the relevant animal epidemic situation, incites other people to do so, or impedes other people from reporting an animal epidemic situation, the people’s government at the next higher level or the relevant department shall order it/him to correct, circulate a notice of criticism and impose punishments upon the directly liable person in charge and other directly liable persons according to law.

 

Article 73 Where any entity or individual violates this Law by committing any of the following behaviors, the animal health supervision institution shall order it/him to correct and give it/him an admonition. If it/he refused to correct, the animal health supervision institution shall handle the situation on behalf on it/him, the necessary expenses shall be paid by the violator and a fine of not more than 1,000 yuan may be imposed upon it/him:

1. failing to immunize and vaccinate animals raised by it/him in accordance with the compulsory immunization plan;

2 failing to dispose of breeding or dairy animals which have not been subject to any inspection or fail to pass the inspection in accordance with the relevant provisions; or

3. its/his means for delivering animals or animal products is not cleaned and sterilized either before loading or after unloading.

 

Article 74 Where any entity or individual violates this Law by failing to establish archives for and tag the livestock and poultry label on compulsorily immunized animals in accordance with the provisions of the veterinary administrative department under the State Council, it/he shall be punished pursuant to the relevant provisions of the Stock-breeding Law of the People’s Republic of China.

 

Article 75 Where any entity or individual violates this Law and fails to dispose of infectious animals and their excrements, infectious animal products, corpses of animals which died of illness or unknown causes, and animal excrements, cushion materials, packing, containers and other pollutants in its/his means of delivery, as well as other animals and animal products failing to pass quarantine inspections, the animal health supervision institution shall order it/him to give harmless treatment to them and pay the necessary expenses, and may impose a fine of not more than 3,000 yuan upon it/him.

 

Article 76 where any entity or individual violates the provision of Article 25 of this Law to slaughter, trade or transport animals or produce, trade, process, store or transport animal products, the animal health supervision institution shall order it/him to correct and to take remedial actions, confiscate illegal gains and such animals or animal products, and impose a fine of not less than the value of the same kind of animals or animal products which have passed quarantine inspections but not more than 5 times of that value. In particular, if such animals or animal products should have been quarantined as required by law but not, the entity or individual shall be punished pursuant to the provision of Article 78 of this Law.

 

Article 77 Where any entity or individual violates this Law by committing any of the following behaviors, the animal health supervision institution shall order it/him to correct and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan, and, if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed:

1. setting up any animal farm (breeding lot), isolation site, animal slaughter and processing workshop or place for harmless treatment of animals and animal products without obtaining the acceptance certificate on satisfying animal epidemic prevention requirements;

2. introducing dairy animals, breeding animals and their semen, embryos and fertilized eggs from another province, autonomous region or municipality directly under the Central Government without going through the corresponding examination and approval formalities; or

3. transporting un-quarantined animals or animal products into any area without prescribed animal epidemics.

 

Article 78 Where any entity or individual violates this Law by slaughtering, trading or transporting animals which have no quarantine certificate or trading or transporting animal products which have no quarantine certificate and/or the quarantine label, the animal health supervision institution shall order it/him to correct, impose a fine of not less than the 10% of the value of the same kind of animals or animal products which have passed quarantine inspections but not more than 50% of that value on the owner of such goods, and impose a fine of not less than the transportation charges but no more than three times of the charges on the carrier.

 

Where any entity or individual violates this Law by taking animals which have no quarantine certificate to any exhibition, show or match, the animal health supervision institution shall order it/him to correct and impose a fine of not less than 1,000 yuan but not more than 3,000 yuan.

 

Article 79 Where any entity or individual violates this Law by transferring, forging or altering the quarantine certificate, the quarantine label or the livestock and poultry label, the animal health supervision institution shall confiscate the illegal gains, take over the quarantine certificate, the quarantine label or the livestock and poultry label and impose a fine of not less than 3,000 yuan but not more than 30,000 yuan.

 

Article 80 Where any entity or individual violates this Law by committing any of the following behaviors, the animal health supervision institution shall order it to correct and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan:

1. failing to observe the provisions on animal epidemic control and elimination formulated by the people’s government at or above the county level or the veterinary administrative department under it;

2. hiding, transferring or stealing or grubbing animals or animal products which have been isolated, sealed up for keeping and disposed of according to law; or

3. announcing any animal epidemic situation.

 

Article 81 Where any entity or individual violates this Law by engaging in animal diagnosis and treatment activities without obtaining the animal diagnosis and treatment license, the animal health supervision institution shall order it/him to stop such activities, confiscate the illegal gains, and impose a fine of not less than the illegal gains but not more than three times of the illegal gains if the illegal gains are 30,000 yuan or more, or a fine of not less than 3,000 yuan or not more than 30,000 yuan if the illegal gains are less than 30,000 yuan.

 

Where any animal diagnosis and treatment institution causes the spread of an animal epidemic because of its violation of this Law, the animal health supervision institution shall order it to correct and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, its animal diagnosis and treatment license shall be revoked by the license-issuing organ.

 

Article 82 Where anyone engages in animal diagnosis and treatment activities without being registered as a practicing veterinary, the animal health supervision institution shall order him to stop such activities, confiscate the illegal gains and impose a fine of not less than 1,000 yuan and not more than 10,000 yuan.

 

Where any practicing veterinary commits any of the following behaviors, the animal health supervision institution shall give him an admonition and order him to suspend engaging in animal diagnosis and treatment activities for not less than six months but not more than one year. If the circumstances are serious, his registration certificate shall be revoked by the organ issuing it:

1. violating the relevant operation technical norms for animal diagnosis and treatment and causing the (possible) spread or prevalence of any animal epidemic;

2. using veterinary medicines and facilities that fail to satisfy the relevant state provisions; or

3. failing to participate in animal epidemic prevention, control and elimination activities as required by the local people’s government or the veterinary administrative department.

 

Article 83 Where any entity or individual engaging in the research and diagnosis and treatment of animal epidemics, the breeding, slaughter, trading, isolation or transportation of animals, or the production, operation, processing or storage of animal products commits any of the following behaviors, the animal health supervision institution shall order it/him to correct. If it/he refuses to do so, the animal health supervision institution may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan upon the entity or a fine of not more than 500 yuan upon the individual:

1. failing to fulfill the obligation of reporting animal epidemic situations;

2. failing to truthfully provide the relevant materials related to animal epidemic prevention activities;

3. refusing the supervision or inspection conducted by the animal health supervision institution; or

4. refusing the animal epidemic monitoring or inspection conducted by the animal epidemic prevention and control institution.

 

Article 84 Where anyone violates this Law and a crime is thus constituted, he shall be subject to criminal liabilities according to law.

 

Where anyone violates this Law, causes the spread or prevalence of any animal epidemic and causes damage to other people’s personal and property safety, he shall be subject to civil liabilities according to law.

 

Chapter X Supplementary Provisions

Article 85 This Law shall come into force as of January 1st, 2008.