中华人民共和国国境卫生检疫法实施细则（一）
|
中华人民共和国国境卫生检疫法实施细则 （Approved by the State Council on February 10， 1989 and promulgated by Decree No. 2 of the Ministry of Public Health on March 6， 1989） Contents Chapter I General Provisions Chapter II Report of Epidemic Situation Chapter III Health or Quarantine Organs Chapter IV Sea-port Quarantine Chapter V Air-port Quarantine Chapter VI Border Quarantine Chapter VII Sanitization Chapter VIII Administration of Epidemic Disease Quarantine Chapter IX Monitoring of Epidemic Disease Chapter X Health Supervision Chapter XI Penalty Provisions Chapter XII Supplementary Provisions Chapter I General Provisions Article 1 These Implementation Rules are formulated in accordance with the Frontier Health and Quarantine Law of the People's Republic of China （hereinafter referred to as “the Frontier Health and Quarantine Law）。 Article 2 For the purpose of the Frontier Health and Quarantine Law and these Implementation Rules， the definitions of the following terms are： “Inspection” means that the Frontier Health and Quarantine Organ （hereinafter referred to as the “Health and Quarantine Organ”） carries out medical inspection and sanitary inspection. “Quarantinable Epidemic Victim” means a person who suffers from quarantinable infectious disease or a person who has been proved through primary diagnosis by the Health and Quarantine organ to have caught the quarantinable infectious disease or have become an incubation carrier. “Quarantinable Epidemic Suspect” means a person who has been exposed to the quarantinable epidemic environment and may transmit quarantinable infectious diseases. “Isolation” means that a person affected by a quarantinable epidemic disease is being detained in a designated place for medical treatment until there is no longer any risk of spreading the disease. “Check-up detention” means that a suspect carrier of a quarantinable epidemic disease is being detained in a designated place for diagnosis and check-up. “On-site clinical check-up” means that a person is required to go to the nearest health and quarantee organ or medical treatment unit for diagnosis and check-up within a specific period of time set by the health and quarantine organ or that the person is visited by people either from the health and quarantine organ or from the medical treatment unit for diagnosis and check-up. “Transportation facility” means cargo containers. “Sanitization” means both medical measures， including isolation， check-up detention and on-site clinical check-up； and “sanitary measures” including disinfection， deratization， and deinsectization. “To monitor epidemic diseases” means to carry out survey in a specific environment and among specific groups of people on matters relating to epidemiology， serology， etiology， and clinical symptoms； and to make prognostication of the incidence， development and spread of an epidemic disease. “Health supervision” means the sanitary inspection， identification， evaluation and sampling conducted in the implementation of the health law and hygienic standard. “Conveyance” means vessels， aircraft， trains and other motor vehicles. “Frontier ports” means international seaports， airports， railway or bus terminals on the border， and ports of entry at land frontiers and boundary rivers. Article 3 Duty range for health and quarantine organs on the frontier shall cover those hotels， restaurants and clubs on the frontier and those units that provide food or services for the incoming or outgoing conveyance and those places where quarantine inspection， sanitary monitoring and health supervision on the incoming or outgoing persons， conveyance， containers and goods are carried out. Article 4 All persons， conveyance and containers， as well as articles such as baggage， goods， postal parcels that may transmit quarantinable diseases are subject to quarantine inspection upon entering or exiting the country in accordance with these Rules， and entry and exit shall be allowed to them only after an approval is issued by the health and quarantine office. Article 5 When a quarantinable epidemic victim is discovered by the health and quarantine organ， measures must be taken promptly in accordance with the rules stipulated in Chapter VIII of these Rules to place him in isolation and prevent other persons from being infected. When a quarantinable epidemic suspect is found by the health and quarantine organ， he shall be dealt with in accordance with the rules stipulated in Chapter VIII. As for those suspects suffering from contagious diseases other than plague， cholera and yellow fever as defined in Chapter VIII of these Rules， they shall be subject to on-site clinical check-up or check-up detention as well as other measures of sanitization for a period of time not exceeding the longest incubation period of that contagious counting from the day they left the infected environment. Article 6 Health and quarantine organs are required to bar any quarantinable epidemic victims or suspects from exit， with the exception of those who come from abroad and have undergone on-site clinical check up on arrival. These persons can leave the port if they wish to； if they leave in conveyance， quarantine physicians are required to annotate and comment on their Exit Quarantine Certificates and to inform the person in charge of the conveyance to take the necessary precautionary measures. Article 7 When a death due to an unidentified cause other than accidental harm is discovered at a frontier port， the corpse shall be subject to quarantine inspection and only after an entry or exit permit is granted can the corpse be removed. Article 8 When a quarantine infectious disease or a disease suspected to be quarantinable or a death due to an unidentified cause other than accidental harm is discovered on conveyance from a domestic pestilence area or in the course of a domestic voyage， the persons in charge of the conveyance are required to make a report to the health and quarantine organ on arrival at the frontier port and undergo preliminary quarantine inspection. Article 9 In times when quarantinable infectious diseases are prevailing at home or abroad， the administrative department of health under the State Council shall report the situation to the State Council for decisions on taking the following precautionary measures， partially or totally， in quarantine inspection： （1） giving orders to blockade relevant sections of the border and frontier water course； （2） giving orders that certain articles must be disinfected or treated with insecticides before they are allowed in or out of the country； （3） giving orders to prohibit shipment， in or out， of certain articles； （4） giving orders to designate the primary sea-ports and airports. Those vessels or aircraft from foreign pestilence areas， without going through quarantine inspection at the primary sea-port or airport， shall not be permitted to get into any other sea-port or airport， with the exception of cases of accidents or other special reasons. Article 10 Upon the arrival of containers， goods， or discarded used materials at the port ready for shipping in or out， the shipper， the carrier's agent or the consignor is required to report to the health and quarantine organ for inspection. Containers， goods， or used materials that come from pestilence area or have been contaminated by an epidemic disease or are likely to spread quarantinable epidemic diseases or are found to have carried rodents which affect human health and vectors are required to undergo disinfection， deratization， deinsectization and other necessary sanitization process. If the owner of the containers， goods or discarded used materials asks to go through quarantine inspection or sanitization in other places， the health and quarantine organ shall provide convenience and carry out the task in accordance with regulations. The Customs office shall let them pass after checking the sanitization certificate issued by the health and quarantine organ. Article 11 Special articles which enter or leave the country such as microzoaria， human tissue， biological， blood and hemoproducts shall be subject to health and quarantine inspection. The carrier， the shipper or the parcel sender of the above mentioned articles is required to declare at the health and quarantine organ for inspection. Without permission by the health and quarantine organ， there shall be no entry or exit of such articles. The Customs office shall let them pass after checking the Certificate of Approval for Special Articles issued by the health and quarantine organ. Article 12 Luggage and other articles carried along by incoming or outgoing passengers or staff members or by means of registered shipment that may spread quarantinable epidemic diseases， are required to undergo hygienic examination. The health and quarantine organ shall exercise sanitization or destruction of the foods， drinks and aquatic products that come from the pestilence area or have been contaminated with epidemic diseases and issue a sanitization certificate. The customs office shall let them pass after checking the sanitization certificate issued by the health and quarantine organ. Article 13 When the health and quarantine organ conducts health examination and sanitization of the registered parcels， the postal unit is required to offer cooperation. Without permission by the health and quarantine organ， the postal unit may not ship the parcels. Article 14 The health administrative department under the State Council is the organ of authority for making the various kinds of health and quarantine forms， certificates as well as for their issuance. Chapter II Report of Epidemic Situation Article 15 On discovering at， or on a conveyance at a frontier port a quarantinable infectious disease， a disease suspected to be quarantinable or a death due to an unidentified cause other than accidental harm， the relevant department at the frontier port and the person in charge of the conveyance must report immediately to the health and quarantine office. Article 16 When the health and quarantine organ has discovered any quarantinable epidemic cases or monitored epidemic diseases or any disease suspected to be quarantinable， it must inform the local health administrative unit and the epidemic prevention unit. When a quarantinable disease is discovered， it must be promptly reported to the health administrative department under the State Council. On the other hand， if the local epidemic prevention unit has discovered any quarantinable epidemic cases or monitored epidemic diseases， it must keep the health and quarantine organ informed about the matter. Article 17 At the time when any quarantinable epidemic disease is prevalent in certain regions at home or abroad， the health administrative department under the State Council may declare the regions as pestilence areas. Chapter III Health and Quarantine Organs Article 18 The health and quarantine organ may set up its agent organ if necessary. The setting up， amalgamation or dissolution of any health and quarantine organ shall be decided by the health administrative department under the State Council. Article 19 The studies of the health and quarantine organ are as follows： （1） enforce “The Frontier Health and Quarantine Law” and the rules for implementation of this law as well as other state regulations concerning public health； （2） collect， analyze information and report about the occurrence， prevalence and the cessation of quarantinable epidemic diseases at the frontier port or abroad； （3） exercise sanitary supervision at the frontier port and conduct quarantine inspection， epidemic disease monitoring， sanitary control and sanitization to the conveyances， passengers， containers， corpses， human bones as well as luggage， goods， postal parcels that may spread quarantinable epidemic diseases； （4） carry out health and quarantine inspection of any special articles such as exported or imported microzoaria， biological， human tissue， blood and hemoproducts as well as some animals that may spread human epidemic diseases； （5） offer services in preventive inoculation， physical check-up， medical treatment， consultancy on hygiene and health for international travellers； （6） issue health and quarantine certificates； （7） make epidemiological survey and carry out scientific experiments； （8） fulfil other tasks assigned to it by the health administrative department under the State Council. Article 20 Duties of the frontier health supervisor： （1） exercise sanitary control and carry out publicity on hygiene and health to the conveyances at the frontier port or parked on the border waiting for exit or entry； （2） give technical guidance in sanitization， such as disinfection， deratization and deinsectization； （3） make investigation into the cases that has caused the spread of epidemic diseases and the proliferation of rodent， vector insects， food-poisoning and food-borne contamination， and suggest control measures. Article 21 When performing its duties， the health and quarantine inspector and border health supervisor are required to wear their quarantine uniform and their quarantine budges. Their conveyances at work are required to bear quarantine flags. The design of quarantine uniform， sign and flag and their uses shall be determined jointly by the health administrative department under the State Council and other departments concerned， subject to ratification by the State Council. Chapter IV Seaport Quarantine Article 22 Quarantine inspection for incoming vessels must be carried out at quarantine anchorage or at the designated place approved by the health and quarantine organ. Quarantine anchorage shall be decided jointly by the harbour superintendency administration and the health and quarantine organ. A report about the decision shall be presented to the transportation department and the health administration department under the State Council for the record. Article 23 Prior to the arrival of the vessel subject to entry quarantine inspection， the shipping agent is required to inform the health and quarantine organ at the earliest possible time of the following matters： （1） name and nationality of the vessel， scheduled date and time of arrival at the quarantine anchorage； （2） port of departure and port of last call； （3） number of crew and passengers； （4） type of cargo. The harbour superintendency administration must inform the health and quarantine organ at the earliest possible time of the scheduled arrival date and time of the vessel at the quarantine anchorage. Article 24 In the course of navigation， if a quarantinable epidemic disease， a disease suspected to be quarantinable， or a death due to an unidentified cause other than accidental harm is discovered， the captain must make a prompt report to the health and quarantine organ about the following matters： （1） name and nationality of the vessel， scheduled date and time of arrival at the quarantine anchorage； （2） port of departure and port of final call； （3） number of crew and passengers； （4） type of cargo； （5） name of disease or principal symptoms， number of cases and deaths； （6） whether there are any vessel doctors on board the vessel. Article 25 All vessels subject to entry quarantine inspection are required to hoist quarantine signals ready for inspection. Without getting an Entry Quarantine Permit issued by the health and quarantine organ， the quarantine signals shall not be lowered. In the day time， an international signal flag shall be put up at a conspicuous place on the vessel： （1） The “Q” sign flag means that the vessel is free from quarantinable epidemic diseases， and is applying for an Entry Quarantine Permit； （2） The “QQ” sign flag means that the vessel has on board a quarantinable epidemic disease or a disease suspected to be quarantinable and asks for instant quarantine sanitization. During the night， a light-signal shall be put up vertically at a conspicuous place on the vessel： （1） Three red lights indicate that the vessel is free from quarantinable epidemic disease and is applying for an Entry Quarantine Permit； （2） Four lights in the order of Red-Red-White-Red indicate that the vessel has been contaminated by a quarantinable epidemic disease or a disease suspected to be quarantinable and asks for instant quarantine sanitization. Article 26 No persons other than navigation pilot and those approved by the health and quarantine organ shall be allowed to get on board the vessel（s） with quarantine flag or light signal（s）； no unloading of luggage， cargo， postal parcels shall be allowed； no other vessel shall be allowed to get close； no crew member shall be allowed to leave the vessel without the approval by the health and quarantine organ， unless the vessel is in distress. The navigation pilot shall not guide the vessel（s） away from the quarantine anchorage. Article 27 Vessel（s） applying for quarantine inspection by telecommunication must first submit an application to the health and quarantine organ. A sanitary certificate shall be issued to the qualified vessel（s） which may apply for tele communicated quarantine inspection within 12 months as of the issuance of the certificate. Article 28 The vessel with valid sanitary certificate must make a report， twenty-four hours prior to its arrival， to the health and quarantine organ about the following matters： （1） name and nationality of the vessel， scheduled date and time of arrival at the quarantine anchorage； （2） port of departure and port of last call； （3） number of crew and passengers and their state of health； （4） type of cargo； （5） date of issuance and number of the vessel's sanitary certificate； date and port of issuance of the deratization certificate or a deratization laissez-passer， as well as other sanitary documents. Upon approval of the above report， the vessel（s） may enter the port. Article 29 Entry quarantine inspection of vessel（s） shall be conducted between sunrise and sunset. Round-the-clock quarantine inspection shall be conducted on vessel（s） at the port which have night navigation conditions for docking and unloading of cargo. No night-time quarantine inspection shall be conducted on vessel（s） from pestilence areas. Article 30 The captain of the entry vessel is required to show the quarantine physician on board the vessel health declaration， crew member list， passenger manifest and cargo declaration， signed by the captain or the vessel physician， and a deratization certificate or a deratization laissez-passer. During the inspection， the quarantine physician has the right to read the deck logbook and other related documents； he may ask for detailed information about the sanitary situation of the vessel during its navigation course， if he considers it necessary and the captain or the vessel physician must give the true facts. The answers in written form must bear the signature of the captain and that of the vessel physician. Article 31 After completion of entry quarantine inspection of the vessel， the quarantine physician is required to sign and issue an Entry Quarantine Permit without delay； if the vessel needs to go through sanitization or is subject to certain restrictions， a footnote and signature must be made on the Permit and measures shall be taken accordingly； if the vessel is contaminated or is suspected to be contaminated with a quarantine disease， the harbour superintendency administration shall be informed and a sanitization notice shall be given to the vessel. The navigation pilot and those persons approved by the health and quarantine organ are required to undergo sanitization together with crew members and passengers. The Entry Quarantine Permit shall be issued to the vessel only after the necessary sanitization is completed. Having received the Entry Quarantine Permit issued by the health and quarantine organ， the quarantine flag and light signal（s） may be lowered. Article 32 Before departure of an exit vessel， the shipping agent is required to inform the health and quarantine organ at the earliest possible time of the following matters： （1） name and nationality of vessel and scheduled date and time of departure； （2） destination port and primary departure port； （3） crew member list and passenger manifest； （4） type of cargo. The harbour superintendency administration is required to notify the health and quarantine organ at the earliest possible time of the fixed date and time of departure of the exit vessel（s）。 If there is no change in crew members and passengers， the vessel receiving entry and exit quarantine inspections at the same port may get a P.W.E. If there is a change in crew members or passengers， revised manifest shall be required. Article 33 The captain of the vessel receiving exit quarantine inspection is required to show the deratization certificate or the deratization laissez-passer and other related quarantine documents to the health and quarantine organ. The quarantine physician may ask the captain or the vessel physician for further details about the state of health of the crew members and the passengers as well as the sanitary situation on the vessel； the captain and the vessel physician are required to give true-to-fact answers. Article 34 Upon completion of quarantine inspection on an exit vessel， the quarantine physician must sign and issue an Exit Quarantine Permit without delay. If the vessel cannot yet sail at the scheduled time due to sanitization， the health and quarantine organ is required to notify the harbour superintendency administration immediately. Article 35 After quarantine inspection on an exit vessel is completed， no persons other than the navigation pilot and those approved by the health and quarantine organ shall be allowed to go on board the vessel， no loading and unloading of luggage， cargo or postal parcels shall be allowed. Any violation of the rules may cause the vessel to undergo quarantine rein spection. Chapter V Airport Quarantine Article 36 Aircraft shall be prohibited from dumping or be allowed to drop any articles that may spread epidemic diseases while flying. Article 37 The aviation station that conducts health and quarantine inspection is required to inform the health and quarantine organ at the earliest possible time of the following matters： （1） nationality， make， number and markings of the aircraft and its scheduled arrival time； （2） departure airport， stop-over airport and destination airport； （3） number of crew members and passengers. Article 38 In the course of flight， if any quarantinable epidemic disease， a disease suspected to be quarantinable， or a death due to an unidentified cause other than accidental harm is discovered， the captain of the aircraft subject to entry quarantine inspection is required to inform the airport of the matter and report to the health and quarantine organ about the following matters： （1） nationality， make， number and markings of the aircraft and its scheduled arrival time； （2） departure airport， stop-over airport and destination airport； （3） number of crew members and passengers； （4） name of disease or principal symptoms， number of cases and deaths. Article 39 After an aircraft subject to entry quarantine inspection lands at the airport， the quarantine physician shall get on board first. The aircraft captain or his authorized agent is required to submit to the health and quarantine organ the general declaration， passenger manifest， deck cargo declaration and the valid deinsectization certificate and other related quarantine documents； the aircraft captain or his authorized agent is required to give true-to-fact answers to the inquiries from the quarantine physician about the sanitary situation on the aircraft. Before completion of quarantine inspection， no persons other than those approved by the health and quarantine organ are allowed to get on or off the aircraft； no loading and unloading of luggage， cargo and postal parcels shall be permitted. Article 40 Entry passengers are required to undergo entry quarantine inspection at the appointed place and answer the quarantine physician's inquiries orally or in written form. During the inspection time entry passengers shall not be allowed to leave the inspection place. Article 41 Upon completion of entry quarantine inspection of the aircraft， the quarantine physician must sign and issue an Entry Quarantine Permit to the aircraft which is free from contamination. If the aircraft needs to undergo sanitization or is subject to certain restrictions， a footnote and signature must be made on the Permit and the aircraft captain or his authorized agent shall be responsible for taking necessary measures accordingly； if the aircraft is proved to be contaminated， a sanitization notice shall be given to the aircraft and the aircraft shall be notified. After the required sanitization is done， an Entry Quarantine Permit shall be issued to the aircraft. Article 42 Prior to the departure of the aircraft subject to exit quarantine inspection， the airport is required to submit to the health and quarantine organ the general declaration， deck cargo declaration and other documents related to quarantine and to inform it of the following matters： （1） nationality， make， number and markings of the aircraft and its scheduled time of departure； （2） stop-over airport（s） and destination airport； （3） number of crew members and passengers. Article 43 Upon completion of exit quarantine inspection of the aircraft， the quarantine physician must sign and issue an Exit Quarantine Permit to the aircraft which is free from contamination， or， such Permit shall be issued upon completion of the necessary sanitization； if the aircraft cannot take off at the scheduled time due to sanitization； the health and quarantine organ must notify the airport without delay. Chapter VI Border Quarantine Article 44 Prior to the arrival of the trains subject to entry quarantine inspection， the railway station is required to inform the health and quarantine organ of the following matters： （1） train number and scheduled arrival time； （2） primary departure station； （3） train marshalling. Article 45 After the train or other motor vehicle subject to entry quarantine inspection arrives at the railway station on the border， the quarantine physician shall get on board the train first. The head of train crew or the person in charge of the vehicle is required to submit a report either orally or in written form to the health and quarantine organ on the state of health of the persons on board and to give true-to-fact answers to the inquiries by the quarantine physician concerning sanitary and health conditions on board. Article 46 During quarantine inspection， without permission by the health and quarantine organ， no persons shall be allowed to get on or off the train to other vehicle which is subjected to entry quarantine inspection； no loading or unloading of luggage， cargo or postal parcels shall be permitted. Article 47 Prior to the departure of the train subject to exit quarantine inspection， the railway station is required to inform the health and quarantine organ at the earliest possible time of the following matters： （1） train number and scheduled departure time； （2） destination station； （3） train marshalling. Article 48 During its course of transportation， if a quarantinable infectious disease， a disease suspected to be quarantinable， or a death due to an unidentified cause other than accidental harm is discovered on the train or other vehicle subject to entry or exit quarantine inspection， the head of the train crew or the person in charge of the vehicle is required to report to the health and quarantine organ about the matter upon arrival at the border station. Article 49 In case that a quarantine infectious disease or a disease suspected to be quarantinable is discovered on the train subject to entry or exit quarantine inspection， or in case that the train is unable to leave at scheduled time due to sanitization， the health and quarantine organ is required to inform the station master of the case without delay. If the parking place is not suitable for sanitization， the station master can decide on another place within the station for sanitization. Before completion of sanitization， without permission by the health and quarantine organ， no person shall be allowed to get off or on the train， no loading or unloading of luggage， goods or postal parcels shall be permitted. In order that the entry through train can run normally， the health and quarantine organ may have its personnel exercise quarantine inspection on board the train in operation. The head of the train crew shall provide conveniences. Article 50 After completion of entry or exit quarantine inspection or necessary sanitization to the train or other vehicle， the quarantine physician is required to sign and issue an exit and entry quarantine certificate according to quarantine inspection results. Article 51 Those who enter or leave the country at the border on foot are required to undergo entry or exit quarantine inspection at a designated place. Without permission by the health and quarantine organ， no one may leave the designated place. Article 52 Any train or vehicle， coming from pestilence area， or having been contaminated or being suspected to have been contaminated with an epidemic disease or being found to have carried goods with rodent or pests that may spread an epidemic disease， shall be required to undergo health inspection and necessary sanitization. Chapter VII Sanitization Article 53 While performing sanitization， the health and quarantine officers are required to see to it that： （1） no one's health is endangered； （2） no damage is done to the structure of and the equipment on the vehicle； （3） no fire is caused； （4） no damage is done to the luggage or goods. Article 54 The sanitization that exit or entry containers， luggage， goods or postal parcels are required to undergo shall be conducted by the health and quarantine organ. Any conveyance waiting for entry or exit is subject to disinfectization， deratization， deinsectization and other necessary sanitization when found to be in any one of the following conditions： （1） having come from a pestilence area； （2） being contaminated by a quarantinable epidemic disease； （3） revealing the presence of rodents which affect human health or insects which are carriers of disease and their number exceeds the state standard. Article 55 Goods that are shipped from abroad and are only passing through the People's Republic of China， shall， if there is no transshipment， be exempted from sanitization except in cases where events of epidemiological significance have taken place. Article 56 According to the extent of contamination， the health and quarantine organ shall exercise disinfectization， deratization or in sectization respectively to the used materials waiting for entry or exit and to the used transportation vehicles that were in operation at foreign ports. In case of serious contamination， the used materials or vehicles shall be destroyed. Article 57 Prior to the entry or exit of human remains or ashes， the shipper or the agent is required to apply for health and quarantine inspection and to present a certificate of cause of death or other related documents. If it fails to meet the hygiene requirements， it is required to undergo sanitization by the health and quarantine organ. Only with an entry or exit license issued by the health and quarantine organ can the remains or ashes be shipped in or out. The corpse of anyone who died from a quarantinable epidemic disease must be cremated at a nearby place. Article 58 In the case that a conveyance has previously undergone sanitization at another port， it is not necessary to conduct sanitization again upon its arrival unless any one of the following circumstances applies： （1） when events of epidemiological significance have taken place either at the port where the conveyance underwent sanitization or on board that conveyance； （2） when sanitization undertaken at other port proved to be practically ineffective |
