中华人民共和国动物防疫法 Law of the People's Republic of China on Animal Epidemic Prevention
- 颁布日期：2007-08-30
- 实施日期：
- 时 效 性：有效
- 发文文号：
- 颁布单位：全国人大常委会
Order of the President of the People’s Republic of China
No.71
The Law of the People’s Republic of China on Animal Epidemic Prevention, amended and adopted at the 29th Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on August 30, 2007, is hereby promulgated and shall go into effect as of January 1, 2008.
Hu Jingtao
President of the People’s Republic of China
August 30, 2007
Law of the People’s Republic of China on Animal Epidemic Prevention
(Adopted at the 26th Meeting of the Standing Committee of the Eighth National People’s Congress on July 3, 1997 and amended at the 29th Meeting of the Standing Committee of the Tenth National People’s Congress on August 30, 2007)
Contents
Chapter I General Provisions
Chapter II Prevention of Animal Epidemics
Chapter III Report, Notification and Announcement of Animal Epidemic Situation
Chapter IV Control and Elimination of Animals Epidemics
Chapter V Quarantine of Animals and Animal Products
Chapter VI Diagnosis and Treatment of Animal Diseases
Chapter VII Supervision and Control
Chapter VIII Guarantee Measures
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of strengthening the administration of animal epidemic prevention, preventing, controlling and eliminating animal epidemics, promoting the development of the breeding industry, protecting human health, and maintaining public health and safety.
Article 2 This Law is applicable to animal epidemic prevention as well as supervision and control in this respect within the territory of the People’s Republic of China.
The quarantine of animals and animal products for enter or exit shall be governed by the Law of the People’s Republic of China on the Entry and Exit Animal and Plant Quarantine.
Article 3 For the purposes of this Law, animals include livestock and poultry and other animals that are raised by man or are legally captured.
Animal products include animals’ meat, rawhides, raw wool, down, viscera, fat, blood, semen, spawn, embryos, bones, hoofs, heads, horns and tendons as well as milk and eggs which are liable to cause the spread of animal epidemics.
Animal epidemics are infectious and parasitic animal diseases.
Animal epidemic prevention means the prevention, control and elimination of animal epidemics as well as the quarantine of animals and animal products.
Article 4 On the basis of the harmfulness of animal epidemics to the breeding industry and to human health, the epidemics under control as prescribed by this Law are classified in the following three categories:
(1) CategoryⅠincludes epidemics which menace human beings and animals to such a serious degree that emergency and rigorous mandatory measures need to be taken to prevent, control and eliminate them;
(2) CategoryⅡ includes epidemics which are liable to cause major financial losses and call for strict measures to control and eliminate them, and to prevent them from spreading; and
(3) Category Ⅲ includes epidemics which are common and frequently-occurring, are liable to cause heavy economic losses and need to be controlled and for which decontamination is necessary.
The catalogues of the specific diseases under Categories I, II and III of animal epidemics mentioned in the preceding paragraph shall be compiled and published by the administrative department for veterinary medicine under the State Council.
Article 5 The State applies the principle of putting prevention first to animal epidemics.
Article 6 People’s governments at or above the county level shall improve their unified leadership over animal epidemic prevention, organize strong teams for animal epidemic prevention at the grassroots, establish sound systems for animal epidemic prevention, and work out, and organize the implementation of programs for animal epidemic prevention and control.
People’s governments at the township level and the neighborhood offices in cities shall get the people organized to help make a success of animal epidemic prevention and control in the areas under their jurisdiction respectively.
Article 7 The administrative department for veterinary medicine under the State Council shall be in charge of animal epidemic prevention nationwide.
The administrative departments for veterinary medicine under the local people’s governments at or above the county level shall be in charge of animal epidemic prevention in their respective administrative areas.
The other departments under the local people’s governments at or above the county level shall, within the limits of their respective duties, make a success of animal epidemic prevention.
The functioning departments for animal health supervision in the Army and the Armed-Police Force shall be in charge of epidemic prevention among the animals in active service and the animals raised for their own use.
Article 8 The animal health supervision institutions set up by the local people’s governments at or above the county level shall, in compliance with the provisions of this Law, be responsible for quarantine of animals and animal products and for supervision, administration and law enforcement with regard to animal epidemic prevention.
Article 9 People’s governments at or above the county level shall, according to the regulations of the State Council and on the basis of the principle of overall planning, rational geographical distribution and integrated arrangement, establish institutions for prevention and control of animal epidemics, which shall undertake the tasks of monitoring, detection, diagnosis, epidemiological investigation, reporting on epidemic situation and other technical work in respect of epidemic prevention and control.
Article 10 The State supports and encourages scientific research and international cooperation and exchange in animal epidemics, in order to promote the wide use of advanced and applicable findings of scientific research, disseminate scientific knowledge about animal epidemic prevention, and help raise the scientific and technical level of animal epidemic prevention and control.
Article 11 People’s governments and the departments concerned shall give awards to the units and individuals that have scored successes or made contributions in, animal epidemic prevention and in scientific research in this field of endeavor.
Chapter II Prevention of Animal Epidemics
Article 12 The administrative department for veterinary medicine under the State Council shall conduct risk assessment of animal epidemic conditions and, on the basis of the results of assessment, formulate appropriate measures for prevention and control of animal epidemics.
The administrative department for veterinary medicine under the State Council shall, in light of the animal epidemic situations at home and abroad and the need of protecting the production of the breeding industry and human health, draw up and publish, in a timely manner, the technical specifications for animal epidemic prevention and control.
Article 13 The State implements mandatory immunization against animal epidemics that seriously harm production of the breeding industry and human health. The administrative department for veterinary medicine under the State Council shall determine the specific kinds of animal epidemics and areas that are subject to mandatory immunization and shall, jointly with the departments concerned under the State Council, formulate national plans for mandatory immunization against animal epidemics.
The administrative departments for veterinary medicine under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the national plans for mandatory immunization against animal epidemics, formulate plans for mandatory immunization in their respective administrative areas; and they may have more kinds of animal epidemics and areas subject to mandatory immunization, depending on the spread of animal epidemics in their respective administrative areas, do so upon approval by the people’s governments at the same levels, and report to the administrative department for veterinary medicine under the State Council for the record.
Article 14 The administrative departments for veterinary medicine under the local people’s governments at or above the county level shall organize the implementation of the plans for mandatory immunization against animal epidemics. The people’s governments at the township level and the neighborhood offices in cities shall make arrangements for the units and individuals that raise animals in the areas under their respective jurisdiction to make a success of mandatory immunization.
The units and individuals that raise animals shall perform their duties in accordance with law in mandatory immunization against animal epidemics and do a good job in this respect, as required by the administrative departments for veterinary medicine.
Files on the animals that have received mandatory immunization shall be kept in accordance with the regulations of the administrative department for veterinary medicine under the State Council, and the livestock and poultry shall have labels attached to them so that they can be traced for control.
Article 15 People’s governments at or above the county level shall set up a sound network for animal epidemic monitoring, and improve such monitoring.
The administrative department for veterinary medicine under the State Council shall formulate the national plan for animal epidemic monitoring. The administrative departments for veterinary medicine under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the national plan for animal epidemic monitoring, formulate plans for animal epidemic monitoring in their respective administrative areas.
The institutions for prevention and control of animal epidemics shall, according to the regulations of the administrative department for veterinary medicine under the State Council, conduct monitoring of the outbreak and spread of animal epidemics. The units and individuals engaged in animal raising, slaughtering, marketing, isolation and transportation and in animal product manufacturing, marketing, processing and storing shall not reject or obstruct such monitoring.
Article 16 The administrative department for veterinary medicine under the State Council and the administrative departments for veterinary medicine under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in a timely manner, issue early warnings against animal epidemics on the basis of the outbreak and trend of spread of animal epidemics they have detected. Upon receiving the early warnings against animal epidemics, the local people’s governments at various levels shall adopt prevention and control measures accordingly.
Article 17 The units and individuals engaged in animal raising, slaughtering, marketing, isolation and transportation as well as in animal product manufacturing, marketing, processing and storing shall, according to the provisions of this Law and the regulations of the administrative department for veterinary medicine under the State Council, do a good job of animal epidemic prevention, including immunization and disinfection.
Article 18 The breeding and dairy animals and the pet animals shall be kept in conformity with the health standards set by the administrative department for veterinary medicine under the State Council.
The breeding and dairy animals shall be subject to regular checkup by institutions for prevention and control of animal epidemics; the ones that fail to pass the checkup shall be dealt with according to the regulations of the administrative department for veterinary medicine under the State Council.
Article 19 Animal raising farms (small breeding villages), isolation places, animal slaughtering and processing houses, and places where animals and animal products are given innocuous treatment, shall be kept in conformity with the following conditions for prevention of animal epidemics:
(1) They are located at a distance from the public places, such as residential areas, sources of drinking water, schools and hospitals, that is in conformity with the standards laid down by the administrative department for veterinary medicine under the State Council;
(2) The enclosure and isolation of the production area and the engineering design and technological process meet the requirements for animal epidemic prevention;
(3) There are the necessary facilities and equipment for innocuous treatment and for cleaning and decontamination of waste water, waste materials, animals that die of diseases, and infected animal products;
(4) There are technicians for their service in animal epidemic prevention;
(5) There is a perfect system for animal epidemic prevention; and
(6) They meet other conditions for animal epidemic prevention laid down by the administrative department for veterinary medicine under the State Council.
Article 20 For building of an animal raising farm (small breeding village) or isolation place, animal slaughtering and processing house, or a place where animals and animal products are given innocuous treatment, an application shall be submitted to the administrative department for veterinary medicine under the people’s government at or above the country level, with the relevant materials attached to it. The administrative department for veterinary medicine which accepts the application shall examine it according to the provisions of this Law and of the Law of the People’s Republic of China on Administrative Permission. If the application passes the examination, the certificate of conformity to the conditions for animal epidemic prevention shall be issued to the applicant; otherwise, the applicant shall be notified of the fact and of the reasons. Where registration with the administrative department for industry and commerce is required, the applicant shall apply to the said department for registration.
In the certificate of conformity to the conditions for animal epidemic prevention shall clearly be stated the applicant’s title, address of the place, etc.
The markets trading in animals and animal products shall meet the conditions for animal epidemic prevention laid down by the administrative department for veterinary medicine under the State Council, and shall be subject to supervision and inspection by the animal health supervision institutions.
Article 21 The vehicles for carrying animals and animal products, the beddings, package and containers shall be kept in conformity with the requirements for animal epidemic prevention laid down by the administrative department for veterinary medicine under the State Council.
Infected animals and their excretions, and products, carcasses of animals that die of illness or of unknown causes, animal excretions in the carrying vehicles, and the contaminated beddings, package, containers, etc. shall be treated in accordance with the regulations of the administrative department for veterinary medicine under the State Council and shall not be disposed of randomly.
Article 22 Persons engaged in collection, preservation and transportation of animal pathological materials or pathogenic microbes as well as research, teaching, detection and diagnosis of pathogenic microbes, etc. shall abide by the regulations of the State on the management of pathogenic microbe laboratories.
Article 23 Persons who are infected with zoonosis shall not directly perform diagnosis or treatment of animal diseases, or be engaged in raising, slaughtering, marketing, isolation or transportation of susceptible animals.
The catalogue of zoonosis shall be compiled and published by the administrative department for veterinary medicine under the State Council jointly with the department of health under the State Council.
Article 24 With regard to animal epidemics, the State practices zoning management, gradually building regions which are free from specified animal epidemics. The regions free from specified animal epidemics shall meet the standards laid down by the administrative department for veterinary medicine under the State Council and, upon acceptance check by the said department, shall be made known to the public.
For the purposes of this Law, the regions free from specified animal epidemics are regions which are free from one or more specified animal epidemics during a given period of time because they are endowed with natural barriers or measures are taken by man and which have passed acceptance checks.
Article 25 Slaughtering, marketing and transporting of the following animals and manufacturing, marketing, processing, storing and transporting of the following animal products are prohibited:
(1) animals and animal products of the enclosed epidemic areas that are related to the outbreak of animal epidemics;
(2) animals and animal products in an epidemic area that are susceptible to infection;
(3) animals and animal products that have not undergone the quarantine as required by law or fail to pass the quarantine;
(4) animals and animal products that have already contracted epidemics or are suspected of having contracted epidemics;
(5) animals that die of illness or of uncertain reasons; and
(6) other animals and animal products that do not conform to the regulations of the administrative department for veterinary medicine under State Council governing animal epidemic prevention.
Chapter III Report, Notification and Announcement of Animal Epidemic Situation
Article 26 Where the units and individuals engaged in animal epidemic monitoring, inspection and quarantine, epidemic research diagnosis and treatment, and in animal raising, slaughtering, marketing, isolation, and transportation shall immediately report to the local administrative departments for veterinary medicine, animal health supervision institutions or animal epidemic prevention and control institutions when they find that animals have contracted epidemics or suspect the same, and they shall have the animals isolated and take other control measures, to prevent the spread of the epidemics. Other units and individuals that have discovered or suspect the same shall report without delay.
The units that have received the report on animal epidemics shall take the necessary measures to control and treat the epidemics and report to the authorities at higher levels in compliance with the procedures prescribed by the State.
Article 27 The outbreak of an animal epidemic shall be subject to confirmation by the administrative department for veterinary medicine under the people’s government at or above the county level; and the outbreak of a major animal epidemic shall be subject to confirmation by the administrative department for veterinary medicine under the people’s government of a province, autonomous region or municipality directly under the Central Government, and when necessary, by the administrative department for veterinary medicine under the State Council.
Article 28 The administrative department for veterinary medicine under the State Council shall, in a timely manner, notify the departments concerned under the State Council and in the Army, as well as the administrative departments for veterinary medicine under the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government, of the outbreak of a major animal epidemic and its treatment; in case of the outbreak of a zoonosis, the administrative department for veterinary medicine under the people’s government at or above the country level and the department in charge of health at the same level shall notify each other without delay.
The administrative department for veterinary medicine under the State Council shall, according to the treaties and agreements which China has concluded or acceded to, notify the international organizations concerned or trade partners the outbreak and treatment of a major animal epidemic in a timely manner.
Article 29 The administrative department for veterinary medicine under the State Council is responsible to announce the outbreak of an animal epidemic nationwide to the community in a timely manner, and it may, where necessary, authorize the administrative departments for veterinary medicine under the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government to announce the epidemic situation in their respective administrative areas. No other units or individuals may announce the epidemic situation.
Article 30 No units or individuals may conceal the facts about, make a false report or, delay the reporting or make omissions in the report of animal epidemics, nor incite others to conceal the facts about, make a false report or delay the reporting of animal epidemics, or prevent others form reporting the same.
Chapter IV Control and Elimination of Animal Epidemics
Article 31 When an animal epidemic of CategoryⅠbreaks out, the following measures shall be taken to control and eliminate it:
(1) The administrative department for veterinary medicine under the local people’s government at or above the county level shall immediately dispatch people to the scene to demarcate the epidemic place, the epidemic area and the vulnerable area, find out the source of the epidemic and report, in a timely manner, to the people’s government at the same level, requesting it to impose a blockade around the epidemic area. If an epidemic area covers two or more administrative areas, the blockade shall be imposed by the common people’s government at the next higher level in charge of these administrative areas, or jointly by the people’s governments at the next higher level in charge of these administrative areas respectively;
(2) The local people’s government at or above the county level shall immediately organize the departments and units concerned in an effort to take mandatory measures, such as blockade, isolation, killing, destruction, disinfection, innocuous treatment and emergency vaccination, in order to wipe out the epidemic quickly; and
(3) During the period of blockade, no animals or products of animals that have contracted or are suspected of having contracted or are susceptible to the epidemic shall be allowed to leave the epidemic area, and no animals in the non-epidemic areas that are susceptible to the epidemic shall be allowed to enter the epidemic area, and sterilization and other restrictive measures shall, in light of the need for eliminating the animal epidemic, be taken with regard to the persons, means of transport and goods that enter or leave the blockaded area.
Article 32 When an animal epidemic of CategoryⅡbreaks out, the following measures shall be taken to control and eliminate it:
(1) The administrative department for veterinary medicine under the local people’s government at or above the county level shall demarcate the epidemic place, epidemic area and vulnerable area; and
(2) The local people’s government at or above the county level shall, where necessary, organize the departments and units concerned in an effort to take measures to control and eliminate it, such as isolation, killing, destruction, disinfection, innocuous treatment and emergency vaccination, and restrictions on the susceptible animals, animal products and related goods as to their leaving or entering the epidemic area.
Article 33 The cancellation of a demarcated epidemic place, epidemic area and vulnerable area and the lift of the blockade of an epidemic area shall be decided on and announced by the authority that originally made such decision, on the basis of the assessment made according to the standards and in compliance with the procedure laid down by the administrative department for veterinary medicine under the State Council.
Article 34 When an animal epidemic of Category Ⅲ breaks out, the local people’s government at the county or township level shall, in accordance with the regulations of the administrative department for veterinary medicine under the State Council, organize efforts for its prevention and control and for decontamination.
Article 35 When an animal epidemic of Category Ⅱ or Ⅲ fulminates, it shall be dealt with the same way as an animal epidemic of CategoryⅠis.
Article 36 For the purpose of controlling and eliminating an animal epidemic, the animal health supervision institution shall send people to carry out the tasks of supervision and inspection at the legally-established local checkpoints; when necessary, a provisional checkpoint for animal health supervision and inspection may be set up to carry out the tasks, upon approval by the people’s government of a province, autonomous region or municipality directly under the Central Government.
Article 37 When a zoonosis breaks out, the department in charge of health shall organize efforts to monitor the susceptible population in the epidemic area and take the necessary measures for its prevention and control.
Article 38 The relevant units and individuals in an epidemic area shall comply with the regulations for control and elimination of animal epidemics formulated by the people’s government at or above the county level and its administrative department for veterinary medicine according to law.
No units or individuals may hide, transfer, or rob the animals and animal products which are isolated, sealed up or disposed of in accordance with law.
Article 39 When an animal epidemic breaks out, the transport departments, including the departments of civil aviation, railway, highways and waterways, shall give first priority to transporting persons who are sent to control and eliminate the epidemic and the goods to be used for the purpose.
Article 40 In the case of a sudden outbreak and rapid spreading of an animal epidemic of Category 1, 2 or 3, which result in a major animal epidemic situation in which production and safety of the breeding industry may be seriously menaced and jeopardized and people’s health and lives may possibly be endangered, emergency measures shall be taken to cope with the situation according to law and the regulations of the State Council.
Chapter V Quarantine of Animals and Animal Products
Article 41 Animal health supervision institutions shall, pursuant to the provisions of the provisions of this Law and the regulations of the administrative department for veterinary medicine under the State Council, perform quarantine on animals and animal products.
Official veterinarians of the animal health supervision institutions shall perform specific quarantine on animals and animal products. Such official veterinarians shall have the specified qualifications and qualification certificates issued by the administrative department for veterinary medicine under the State Council. The specific measures in this respect shall be formulated by the administrative department for veterinary medicine and the personnel administration department under the State Council.
For the purposes of this Law, official veterinarians are the veterinarians of the State who have obtained the specified qualifications and are appointed by the administrative department for veterinary medicine under the State Council, and are responsible for issuing quarantine certificates, etc.
Article 42 Before slaughtering, selling or transporting animals, or selling or transporting animal products, the owner shall, according to the regulations of the administrative department for veterinary medicine under the State Council, submit an application to the local animal health supervision institution for quarantine.
Upon receiving an application for quarantine, the animal health supervision institution shall, in a timely manner, appoint official veterinarians to perform on-the-spot quarantine on the animals and animal products; it shall issue quarantine certificates for the animals and animal products that have passed the quarantine and attach to them the quarantine marks. Official veterinarians who perform on-the-spot quarantine shall sign their names on or affix their seals to the quarantine certificates or marks, and shall be accountable for the conclusion of the quarantine.
Article 43 Animals to be slaughtered, marketed, or transported, or used for exhibitions, performances or competitions, shall be attached with quarantine certificates; and animal products to be marketed or transported shall be attached with quarantine certificates and marks.
With respect to the animals and animal products mentioned in the preceding paragraph, the animal health supervision institutions may examine the quarantine certificates and marks, and make random samplings, and they may not collect charges a second time for such examination or sampling.
Article 44 For the animals and animal products to be transported by rail, highway, waterway or air, the consignor shall provide the quarantine certificates; the carriers shall not accept them for transport where no quarantine certificates are presented.
The means of transportation shall be cleaned and disinfected before loading and after unloading.
Article 45 For the animals and animal products to be transported to a region free from specified animal epidemics, the owner shall, according to the regulations of the administrative department for veterinary medicine under the State Council, submit an application for quarantine to the local animal health supervision institution; the animals and animal products shall be allowed to enter, only when they pass the quarantine; the expenses thus incurred shall be covered by the financial budget of the people’s government at the place where the region free from specified animal epidemics is located.
Article 46 For introducing dairy animals and breeding animals and their semen, embryos, hatching eggs from another province, autonomous region or municipality directly under the Central Government, an application shall be submitted for examination and approval to the animal health supervision institution in the province, autonomous region or municipality under the Central Government where they are to be introduced into, in order to acquire the quarantine certificates as prescribed in Article 42 of this Law.
After the arrival to the receiving place of the dairy and breeding animals introduced from another province, autonomous region or municipality directly under the Central Government, the owner shall have them isolated for observation in accordance with the regulations of the administrative department for veterinary medicine under the State Council.
Article 47 Captured wild animals that are liable to spread animal epidemics shall be subject to quarantine by the animal health supervision institution at the place where the animals are captured, and they may be raised, marketed or transported only when they pass the quarantine.
Article 48 For the animals or animal products that fail to pass the quarantine, the owner shall have them treated under the supervision of the animal health supervision institution according to the regulations of the administrative department for veterinary medicine under the State Council and shall bear the expenses thus incurred.
Article 49 Where fees need be collected for quarantine performed in accordance with law, the items for which fees are to be charged and the rates shall be prescribed by the administrative departments of finance and pricing under the State Council.
Chapter VI Diagnosis and Treatment of Animal Diseases
Article 50 The institutions conducting diagnosis and treatment of animal diseases shall meet the following conditions:
(1) having the places that are suited to the need of diagnosis and treatment of animal diseases and that meet the requirements of prevention of animal epidemics;
(2) having the licensed veterinarians who meet the need of diagnosis and treatment of animal diseases;
(3) having the veterinary medical apparatus and instruments needed for diagnosis and treatment of animal diseases; and
(4) having a sound management system.
Article 51 For the establishment of an institution to conduct diagnosis and treatment of animal diseases, an application for license shall be submitted to the administrative department for veterinary medicine of the local people’s government at or above the county level. The administrative department for veterinary medicine that accepts the application shall examine it according to the provisions of this Law and the Law of People’s Republic of China on Administrative Permission. If the application passes the examination, a license for diagnosis and treatment of animal diseases shall be issued; otherwise, the applicant shall be notified of the fact and of the reasons. The applicant shall, on the strength of the said license, submit an application to the administrative department for industry and commerce in order to go through the formalities for registration, and can engage in diagnosis and treatment of animal diseases only after obtaining the business license.
Article 52 In the license for diagnosis and treatment of animal diseases shall clearly be stated the items, including the title of the institution for diagnosis and treatment of animal diseases, the scope of diagnosis and treatment, the business place and the legal representative (leading person).
For alteration of any of the items stated in the license for diagnosis and treatment of animal diseases, an application shall be made for alteration or for issue of a new license, and the formalities for registration of the alteration shall be gone through with the administrative department for industry and commerce according to law.
Article 53 In the course of diagnosis and treatment, the institutions for diagnosis and treatment of animal diseases shall do a good job of sanitary and safety protection, disinfection, isolation, waste disposal, etc. according to the regulations of the administrative department for veterinary medicine under the State Council.
Article 54 The State practices the examination system for the qualifications of licensed veterinarians. People who are graduates of universities after having received two- or three-year education specialized in veterinary medicine or received the relevant education at a still higher level may apply for attending the examination for qualifications of licensed veterinarians; those who pass the examination shall be issued the qualification certificate of licensed veterinarian by the administrative department for veterinary medicine under the State Council; the ones who are to engage in diagnosis and treatment of animal diseases shall submit applications for registration to the administrative department for veterinary medicine under the local people’s government at the county level. The measures for examination for qualifications of licensed veterinarians and for registration shall be formulated by the administrative department for veterinary medicine under the State Council through consultation with the personnel administration department under the same.
For the purposes of this Law, licensed veterinarians are veterinarians who conduct diagnosis and treatment of animal diseases, provide animal health care and engage in other business activities.
Article 55 A licensed veterinarian can conduct diagnosis and treatment of animal diseases and writing out veterinary prescriptions only after he has been registered. But where Article 57 of this Law provides otherwise with respect to people who provide veterinary services in rural areas, the provisions there shall prevail.
Licensed veterinarians and people providing veterinary services in rural areas shall participate in prevention, control and elimination of animal epidemics as required by the local people’s governments or administrative departments for veterinary medicine.
Article 56 When conducting diagnosis and treatment of animal diseases, veterinarians shall comply with the relevant technical operating instructions and use the veterinary medicines and medical apparatus and instruments that conform to State regulations.
Article 57 Persons providing veterinary services in rural areas can offer services in diagnosis and treatment of animal diseases in the countryside, and the specific administrative measures shall be formulated by the administrative department for veterinary medicine under the State Council.
Chapter VII Supervision and Control
Article 58 Animal health supervision institutions shall, in accordance with the provisions of this Law, exercise supervision and control over the prevention of animal epidemics, in respect of animal raising, slaughtering, marketing, isolation and transportation, as well as the manufacture, marketing, processing, storing and transportation of animal products.
Article 59 When exercising supervision and inspection, animal health supervision institutions may take the following measures, and the units and individuals concerned shall not refuse to accept or obstruct such supervision and inspection:
(1) taking samples from animals and animal products, keeping them in quarantine or conducting spot-check in accordance with regulations;
(2) isolating, sealing up, detaining or treating the animals and animal products that have contracted epidemics or that are suspected of having contracted the epidemics, their products and the relevant goods;
(3) conducting quarantine on animals which should be quarantined according to law but have not been quarantined;
(4) conducting quarantine on animal products which should be quarantined according to law but have not been quarantined, and doing so on such products that meet the conditions; otherwise, having the products confiscated and destroyed;
(5) checking the quarantine certificates, quarantine marks, and labels of livestock and poultry; and
(6) entering the places involved to investigate and collect evidence, checking and duplicating the documents concerning prevention of animal epidemics.
When necessary for prevention and control of animal epidemics, animal health supervision institutions may dispatch official veterinarians to the places involved, such as railway stations, ports and airports, upon approval by the local people’s government at or above the county level.
Article 60 When performing their task of supervision and inspection for prevention of animal epidemics, official veterinarians shall present their papers for administrative law enforcement and wear unified badges.
Animal health supervision institutions and their staff members shall not engage in profit-making activities related to prevention of animal epidemics, and they shall not collect any charges for supervision and inspection.
Article 61 Transferring, forging, or tampering with quarantine certificates, quarantine marks or labels of livestock and poultry is prohibited.
The measures for control of quarantine certificates shall be formulated by the administrative department for veterinary medicine under the State Council.
Chapter VIII Guarantee Measures
Article 62 Local people’s governments at or above the county level shall incorporate the prevention of animal epidemics into their national economic and social development programs and annual plans.
Article 63 County and township people’s governments shall take effective measures to organize strong teams for prevention of animal epidemics at the village level.
The administrative departments for veterinary medicine under the people’s governments at the county level may, in light of the need of prevention of animal epidemics, set up representative veterinary centers in townships, towns, or specific areas.
Article 64 People’s governments at or above the county level shall, in compliance with their respective duties, incorporate into their financial budgets the funds needed for prevention, control, elimination, quarantine and supervision in respect of animal epidemics. Article 65 People’s governments at or above the county level shall keep in reserve the goods and materials needed for emergency handling of animal epidemics.
Article 66 Where animals are eradicated and animal products and relevant goods are destroyed through mandatory measures taken in the course of prevention, control and elimination of animal epidemics, people’s governments at or above the county level shall provide compensation. The specific rates and measures for compensation shall be determined and adopted by the department of finance under the State Council together with the departments concerned.
Compensation shall be made for animals that die of stress caused by mandatory vaccination given in accordance with law. The specific rates and measures for compensation shall be determined and adopted by the department of finance under the State Council together with the departments concerned.
Article 67 With respect to the persons who are engaged in prevention, quarantine, supervision, inspection and on-the-spot handling in respect of animal epidemics and who are exposed to animal epidemic pathogens, the related units shall take effective health and protection measures and medical and health care measures in accordance with State regulations.
Chapter IX Legal Liability
Article 68 Where the local people’s governments at various levels and their staff members fail to perform their duties in accordance with the provisions of this Law, the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law.
Article 69 Where the administrative departments for veterinary medicine under the local people’s governments at or above the county level or their staff members, in violation of the provisions of this Law, commit one of the following acts, they shall be ordered by the people’s government at the same level to set it right and be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law:
(1) failing to take measures for prevention, control and elimination of animal epidemics in a timely manner;
(2) issuing qualification certificates for animal epidemic prevention or licenses for diagnosis and treatment of animal diseases to units or individuals that do not meet the requirements, or refuse to issue such certificates or licenses to units or individuals that meet the requirements; or
(3) other failures to perform their duties in accordance with the provisions of this Law.
Article 70 Where the animal health supervision institutions and their staff members, in violation of the provisions of this Law, commit one of the following acts, they shall be ordered by the people’s government at the same level or the administrative department for veterinary medicine to set it right and be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law:
(1) issuing quarantine certificates and attaching quarantine marks for animals or animal products which have not been subjected to on-the-spot quarantine or have failed to pass the quarantine, or refusing to issue quarantine certificates and attach quarantine marks for animals and animal products which have passed on-the-spot quarantine;
(2) performing repeated quarantine for animals or animal products which are attached with quarantine certificates and marks;
(3) engaging in profit-making activities related to prevention of animal diseases, or collecting extra fees or collecting double fees in addition to what is prescribed by the departments of finance and pricing under the State Council; or
(4) other failures to perform their duties in accordance with the provisions of this Law.
Article 71 Where the institutions for prevention and control of animal epidemics and their staff members, in violation of the provisions of this Law, commit one of the following acts, they shall be ordered by the people’s government at the same level or the administrative department for veterinary medicine to set it right and be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law:
(1) failing to perform their duties of monitoring and detecting animal epidemics, or forging monitoring and detection results;
(2) failing to conduct timely diagnosis and investigation when an animal epidemic breaks out; or
(3) other failures to perform their duties in accordance with the provisions of this Law.
Article 72 Where local people’s governments at different levels, the relevant departments or their staff members conceal the facts about, make false report of, delay the reporting of or omit the facts about an animal epidemic, or incite others to conceal the facts about, make false report of or delay the reporting of an animal epidemic, or prevent others from reporting such epidemic, they shall be ordered by the people’s governments at a higher level or the relevant departments to set it right and shall be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law.
Article 73 Any unit or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the animal health supervision institution to set it right and be given a warning; if it/he refuses to set it right, the animal health supervision institution shall do it instead, and the expenses thus incurred shall be borne by the violator, who may be fined not more than RMB1,000 yuan:
(1) failing to have the animals they are raising immunized according to the plans for mandatory immunization against animal epidemics;
(2) failing to treat, according to relevant regulations, the breeding or dairy animals which have not undergone detection or which have failed to pass the detection; or
(3) failing to have, in a timely manner, the means of transportation cleaned and disinfected before loading and after unloading of animals and animal products.
Article 74 Any unit or individual that, in violation of the provisions of this Law, fails to keep on file the animals that have undergone mandatory immunization or to attach labels to livestock or poultry, as is required by the administrative department for veterinary medicine under the State Council, shall be punished pursuant to the relevant provisions of the Animal Husbandry Law of the People’s Republic of China.
Article 75 Any unit or individual that, in violation of the provisions of this Law, fails to dispose of epidemic-infected animals or their excrements, products form epidemic-infected animals, or carcasses of animals that die of illness or of unknown causes, or animal excrements in the carrying vehicles or the contaminated beddings, package and containers, etc., or other animals or animal products which fail to pass the quarantine -- as is required by the administrative department for veterinary medicine under the State Council, shall be ordered by the animal health supervision institution to conduct innocuous treatment, and the expenses thus incurred shall be borne by the violator, who may be fined not more than 3,000 yuan.
Article 76 Any unit or individual that, in violation of the provisions of Article 25 of this Law, slaughters, markets or transports animals or manufactures, markets, processes, stores or transports animal products shall be ordered by the animal health supervision institution to set it right and to take remedial measures, its/his illegal gains and the animals or animal products be confiscated, and it/he shall be fined not less than one time but not more than five times the value of the market prices of animals of the same kinds and animal products which pass quarantine; and for the ones that ought to have but not have undergone quarantine, it/he shall be fined according to the provisions of Article 78 of this Law. Article 77 Any unit or individual that, in violation of the provisions of this Law, commits one of the following act shall be ordered by the animal health supervision institution to set it right and shall be fined not less than 1,000 yuan but not more than 10,000 yuan; and if the circumstances are serious, it/he shall be fined not less than 10,000 yuan but not more than 100,000 yuan:
(1) building animal raising farms (small breeding villages), animal isolation places, animal slaughter and processing houses, and places for innocuous treatment of animals and animal products, before obtaining the qualification certificate for prevention of animal epidemics;
(2) introducing dairy animals, breeding animals or their semen, embryos, or hatching eggs from other provinces, autonomous regions or municipalities directly under the Central Government before going through the formalities for examination and approval; or
(3) failing to have the animals and animal products quarantined before transporting them to regions free from specified animal diseases.
Article 78 Any unit or individual that, in violation of the provisions of this Law, slaughters, markets or transports animals which are not attached with quarantine certificates, or markets or transports animal products which are not attached with quarantine certificates or marks shall be ordered by the animal health supervision institution to set it right, and shall be fined not less than 10 percent but not more than 50 percent the value of the market prices of the animals and animal products of the same kind which pass quarantine; and the carrier, besides the owner, shall be fined not less than one time but not more than three times the transportation expenses.
Where, in violation of the provisions of this Law, it/he takes animals which are not attached with quarantine certificates to participate in exhibitions, performances or competitions, it/he shall be ordered by the animal health supervision institution to set it right and shall be fined not less than 1,000 yuan but not more than 3,000 yuan.
Article 79 Where any unit or individual, in violation of the provisions of this Law, transfers, forges or tampers with quarantine certificates, quarantine marks or labels of livestock or poultry, its/his illegal gains derived therefrom shall be confiscated by the animal health supervision institution and the quarantine certificates, quarantine marks or labels of livestock or poultry be seized, and the violator shall, in addition, be fined not less than 3,000 yuan but not more than 30,000 yuan.
Article 80 Any unit or individual that, in violation of the provisions of this Law, commits one of the following act shall be ordered by the animal health supervision institution to set it right and shall be fined not less than 1,000 yuan but not more than 10,000 yuan:
(1) failing to comply with the provisions made by the people’s government at or above the county level and its administrative department for veterinary medicine on control and elimination of animal epidemics;
(2) hiding, transferring or robbing the animals or animal products which are isolated, sealed up or disposed of according to law; or
(3) releasing information about animal epidemics.
Article 81 Any unit or individual that, in violation of the provisions of this Law, performs diagnosis and treatment of animal diseases before obtaining the license for diagnosis and treatment of animal diseases shall be ordered by the animal health supervision institution to discontinue such diagnosis and treatment, and its/his illegal gains shall be confiscated; if the illegal gains exceed 30,000 yuan, and it/he shall, in addition, be fined not less than one time but not more than three times the amount of the illegal gains; and if there are no illegal gains or the amount of the illegal gains is less than 30,000 yuan, it/he shall, in addition, be fined not less than 3,000 yuan but not more than 30,000 yuan.
Where an institution for diagnosis and treatment of animal diseases, in violation of the provisions of this Law, causes the spread of an animal epidemic, it shall be ordered by the animal health supervision institution to set it right and shall be fined not less than 10,000 yuan but not more than 50,000 yuan; and if the circumstances are serious, the license issue authority shall revoke the license for diagnosis and treatment of animal diseases.
Article 82 Any individual that, in violation of the provisions of this Law, performs diagnosis and treatment of animal diseases before registering for practice of veterinary medicine shall be ordered by the animal health supervision institution to discontinue such diagnosis and treatment, his illegal gains shall be confiscated, and he shall, in addition, be fined not less than 1,000 yuan but not more than 10,000 yuan.
Any licensed veterinarian who commits one of the following acts shall be given a warning by the animal health supervision institution, and shall be ordered to suspend performance of diagnosis and treatment of animal diseases for not less than six month but not more than one year; and if the circumstances are serious, the license issue authority shall revoke his registration certificate:
(1) disobeying the technical operating instructions for diagnosis and treatment of animal diseases, thus causing or possibly causing the spread and circulation of animal diseases;
(2) using veterinary drugs, apparatus or instruments which are not in conformity with State regulations; or
(3) failing to take part in prevention, control and elimination of animal diseases as required by the local people’s government or its administrative department for veterinary medicine.
Article 83 Where any unit or individual that, in violation of the provisions of this Law, is engaged in research or diagnosis and treatment of animal diseases, or in raising, slaughtering, marketing, isolation, or transportation of animals, or in manufacturing, marketing, processing or storing of animal products, commits one of the following acts, it/he shall be ordered by the animal health supervision institution to set it right; if it/he refuses to comply, the unit shall be fined not less than 1,000 yuan but not more than 10,000 yuan, and the individual shall be fined not more than 500 yuan:
(1) failing to fulfill the obligation of reporting of animal epidemic situation;
(2) failing to provide truthful information related to prevention of animal diseases;
(3) refusing to accept supervision and inspection by an animal health supervision institution; or
(4) refusing to accept monitoring and detection of animal epidemics by an institution for prevention and control of animal epidemics.
Article 84 Any violation of the provisions of this Law, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Any unit or individual that, in violation of the provisions of this Law, causes the spread and circulation of animal epidemics, thus causing harm to human health and losses to property of other persons, shall bear civil liabilities according to law.
Chapter X Supplementary Provisions
Article 85 This Law shall go into effect as of January 1, 2008.