中华人民共和国动物防疫法
|
（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 sceneforth with 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 disestablish ment 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 slaughter houses （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 twitch draw animals and animal products having been sold. If the circumstances are serious， the offender maybe 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 Any violator of the provisions of Article 42 of this Law who fails to implement the provisions for the shipment of animals or animal products on the strength of the quarantine certificate shall be given a warning and ordered to make corrections by the supervising agency for animal epidemic prevention. If the circumstances are serious， the consignor and the consignee may be separately fined less than three times of the freight. Article 51 If anyone transfers， alters or forges the quarantine certificate， the supervising agency for animal epidemic prevention shall confiscate the illegal gains and withdraw the quarantine certificate. Anyone who transfers or alters the quarantine certificate shall be concurrently fined not less than RMB 2，000 yuan and not more than RMB 5，000 yuan； if the illegal gains exceed RMB 5，000 yuan， the offender shall be concurrently fined not less than the amount of the illegal gains and not more than three times of that amount. Anyone who forges the quarantine certificate shall be fined not less than RMB 10，000 yuan and not more than RMB 30，000 yuan； if the illegal gains exceed RMB 30，000 yuan， the offender shall be concurrently fined not less than the amount of the illegal gains and not more than three times of that amount. If a crime has been constituted， the offender shall be investigated for criminal responsibility according to law. Article 52 If a unit engaging in raising or marketing of animals， or production or marketing of animal products， in violation of the provisions of the first paragraph of Article 45 of this Law， fails to conform to the requirements for animal epidemic prevention， the supervising agency for animal epidemic prevention shall give a warning and order it to make corrections. If it refuses to make corrections， the offender shall be fined not less than RMB 10，000 yuan and not more than RMB 30，000 yuan. Article 53 If a unit， in violation of the provisions of this Law， conceals， falsely reports or hinders another person tore port animal epidemic information， the supervising agency for animal epidemic prevention shall give a warning and concurrently impose a fine not less than RMB 2，000 yuan and not more than RMB 5，000 yuan. The person in charge directly responsible and other persons directly responsible shall be imposed administrative sanctions according to law. Article 54 Any violator of the provisions of this Law who evades quarantine inspection， resulting in a serious animal epidemic which causes great losses to the breeding production or does serious harm to human health， shall be investigated for criminal responsibility according to law. Article 55 If any animal quarantine officer， in violation of the provisions of this Law， issues the quarantine certificate and affixes the inspection mark on animals or animal products having not undergone quarantine inspection or having not passed quarantine inspection， the unit to which he belongs or the competent authority at the next higher level shall give him a demerit or disqualify him as an animal quarantine officer. If the circumstances are serious， the offender shall be discharged from his office. If the illegal act mentioned in the preceding paragraph causes damage to the interested party， the unit to which the animal quarantine officer belongs shall bear the liability for compensation. Article 56 Any supervisor of animal epidemic prevention who abuses powers， neglects duties， commits malpractices for selfish gains， conceals or delays the report on epidemic situations， or forges quarantine inspection results， if a crime has been constituted， shall be investigated for criminal responsibility according to law. If a crime has not been constituted， the offender shall be imposed administrative sanctions. Article 57 Whoever hinders a supervisor of animal epidemic prevention in the performance of duties according to law shall， if a crime has been constituted， be investigated for criminal responsibility according to law. If a crime has not been constituted， the offender shall be imposed administrative penalty for public security violations according to law. Chapter VII Supplementary Provisions Article 58 This Law comes into effect as of January 1， 1998. |
