Law of the People's Republic of China on Animal Disease Control (2021)

From Wikisource
Jump to navigation Jump to search
Law of the People's Republic of China on Animal Disease Control (2021)
4494315Law of the People's Republic of China on Animal Disease Control2021

Chapter I General Provisions

[edit]

Article 1

This Law is enacted for strengthening the regulation of animal disease control activities including those for preventing, containing, eliminating and eradicating animal diseases, to promote the development of livestock industries, control zoonoses and safeguard public health security and human health.

Article 2

This Law shall apply to animal disease control and the supervision thereof within the territory of the People's Republic of China.

The entry and exit inspection of animals and animal products is governed by the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine.

Article 3

For purposes of this Law, the following definitions apply:

The term “animals” means livestock, poultry and other animals kept or captured by people.

The term “animal products” means animal flesh, raw hide, raw hair, fine hair, viscera, fat, blood, semen, oocytes, embryos, bones, hoofs, heads, horns and tendons, as well as milk, eggs and other animal-derived materials that may transmit animal diseases.

The term “animal diseases” means infectious animal diseases, including parasitic diseases.

The term “animal disease control” means the prevention, containment, diagnosis and treatment, elimination and eradication of animal diseases, health inspection of animals and animal products, and the safe disposal of fallen animals and products from diseased animals.

Article 4

Based on their levels of harm to the livestock industry and human health, animal diseases regulated by this Law are classified into the following three categories:

(1) “Category I Diseases” are diseases which cause exceptionally serious harm to human beings and animals and may cause severe economic losses and profound social impacts, and for the prevention and containment of which urgent and drastic compulsory measures shall be taken, including foot-and-mouth disease (FMD), African swine fever (ASF), and highly pathogenic avian influenza (HPAI), etc.;

(2) “Category II Diseases” are diseases which cause serious harm to human beings and animals and may cause considerable economic losses and social impacts, and against which rigorous prevention and containment measures shall be taken, for instance, rabies, brucellosis, and grass carp hemorrhagic disease (GCHD);

(3) “Category III Diseases” are common and frequently occurring diseases which cause harm to human beings and animals and may cause certain economic losses and social impacts, and against which timely prevention and containment measures shall be taken, for instance, colibacillosis, avian tuberculosis and parotitis of soft-shelled turtle.

The catalogues of the diseases in the above-mentioned Category I, II and III shall be developed and published by the competent department of agriculture and rural affairs under the State Council, which shall add to, delete from or alter the catalogues of diseases in the Category I, II and III in a timely manner according to the detection, epidemiological status and scale of harm of animal diseases, and publish the amended catalogues thereafter.

The catalogue of zoonoses shall be developed and published by the competent department of agriculture and rural affairs under the State Council in collaboration with the competent departments for health, wildlife protection and other relevant departments under the State Council.

Article 5

Animal disease control shall observe the principle of giving priority to prevention and adopting an integrated approach that combines prevention with containment, elimination and eradication.

Article 6

The state encourages the participation of all walks of life in controlling animal diseases. The people's governments at all levels shall take appropriate measures to support the participation of entities and individuals in animal disease control activities, including education and awareness enhancement, disease reporting, voluntary service and donation.

Article 7

Entities or individuals engaged in such activities as the keeping, slaughter, marketing, quarantine and transport of animals, or the production, marketing, processing, and storage of animal products shall, in compliance with this Law and the regulations of the competent department of agriculture and rural affairs under the State Council, assume due responsibilities in animal disease control by conscientiously accomplishing duties such as immunization, disinfection, testing, isolation, elimination, eradication and safe disposal of animals and animal products.

Article 8

The people's governments at or above the county level shall exercise overall leadership in animal disease control, implement effective measures to ensure the stability of primary-level institutions and personnel, enhance the competence of animal health professionals, put in place sound animal disease control systems, and develop and organize the implementation of animal disease control programs.

The people's governments at the township level and sub-district offices are responsible for organizing people to carry out animal disease control within their administrative areas, for which villagers' committees and residents' committees shall provide support.

Article 9

The competent department of agriculture and rural affairs under the State Council is in charge of animal disease control of the nation.

The competent departments of agriculture and rural affairs of the people's governments at or above the county level are in charge of animal disease control within their administrative areas.

Other relevant departments of people's governments at or above the county level shall perform their duties related to animal disease control within their areas of responsibility.

Military agencies for animal health supervision are in charge of disease control among animals in military service and animals kept by the military for other non-commercial purposes.

Article 10

The competent health departments of the people's governments at or above the county level shall establish a collaborative mechanism for the control of zoonoses with the competent departments of agriculture and rural affairs, wildlife protection and other relevant departments at the same level.

The competent department of agriculture and rural affairs under the State Council, the General Administration of Customs and other departments concerned shall establish a collaborative mechanism to prevent the entry of foreign animal diseases into China.

Article 11

Animal health supervision institutions of the people's governments at or above the county level shall be responsible for conducting health inspection of animals and animal products in compliance with this Law.

Article 12

Based on centralized, coordinated, and rational planning, the people's governments at or above the county level shall set up animal disease prevention and control bodies in accordance with the regulations of the State Council.

Animal disease prevention and control bodies shall undertake technical prevention and control tasks such as the surveillance, testing, diagnosis, epidemiological investigation, reporting of animal diseases, and conduct the technical work to eliminate and eradicate animal diseases.

Article 13

The state encourages and supports scientific research and international cooperation and exchange on animal diseases and promotes the dissemination of advanced and applicable scientific research results, with a view to improving scientific and technological competence for animal disease control.

The people's governments at all levels, relevant departments and the media shall strengthen efforts of publicizing laws, regulations and knowledge on animal disease control.

Article 14

Entities and individuals that have made contributions to animal disease control, relevant scientific research and the stamping out of animal disease outbreaks shall be commended or rewarded by the people's governments at all levels and relevant departments according to relevant state regulations.

The entities concerned shall pay employment injury insurance premiums for their workers in animal disease control in accordance with law. Subsidies or pensions shall be granted in compliance with relevant state regulations to people whose sickness, disabilities or deaths resulted from their work in animal disease control.

Chapter II Prevention of Animal Diseases

[edit]

Article 15

The state shall establish a risk assessment system for animal diseases.

Based on domestic and international animal disease situations and needs for protecting the livestock industry and human health, the competent department of agriculture and rural affairs under the State Council shall conduct risk assessment for animal diseases in collaboration with the health department and other relevant departments of the State Council, and develop and publish measures and technical specifications for the prevention, containment, elimination and eradication of animal diseases.

The competent department of agriculture and rural affairs of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall conduct risk assessment for animal diseases within its administrative area in collaboration with the health department and other relevant departments at the same level, and implement measures for the prevention, containment, elimination and eradication of animal diseases.

Article 16

The state enforces the mandatory immunization policy for the control of animal diseases that may cause serious harm to the livestock industry or human health.

The competent department of agriculture and rural affairs under the State Council shall identify the animal diseases and regions for which the mandatory immunization policy shall be applied.

The competent departments of agriculture and rural affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate mandatory immunization programs for their respective administrative areas, and make decisions to expand the list of animal diseases or areas subject to mandatory immunization based on animal disease epidemiological situations in their respective administrative areas. Such decisions shall become enforceable upon approval by the people's governments at the same level and be submitted for record to the competent department of agriculture and rural affairs under the State Council.

Article 17

Entities and individuals that keep animals are obligated to vaccinate them in accordance with the national plan of the year and the technical specifications for mandatory animal immunization, and ensure traceability through maintaining vaccination records and marking vaccinated animals as required by state regulations.

Where a supplementary vaccination is carried out in the case of vaccination failure and fails again, the entities and individuals involved shall be handled according to applicable national regulations.

Vaccines shall reach quality standards set by the state.

Article 18

The competent departments of agriculture and rural affairs of local people's governments at or above the county level shall oversee the implementation of mandatory animal immunization plans, and supervise and check on the immunization compliance of animal-keeping entities and individuals.

People's governments at the town level and sub-district offices shall oversee the immunization activities of animal-keeping entities and individuals within their administrative areas, and assist in supervision and inspection; villagers' committees and residents' committees shall also play a supporting role.

The competent departments for agriculture and rural affairs of local people's governments at or above the county level shall regularly assess the implementation and effect of mandatory immunization plans within their administrative areas and publicize the assessment results.

Article 19

The state runs a system of animal disease surveillance and early-warning.

Local people's governments at or above the county level shall put in place a well-organized animal disease surveillance network to improve surveillance performance.

The competent department of agriculture and rural affairs under the State Council shall work with other relevant departments of the State Council in developing national plans for animal disease surveillance. The competent departments for agriculture and rural affairs of provinces, autonomous regions and municipalities directly under the Central Government shall formulate their own plans accordingly.

Entities in charge of animal disease prevention and control shall monitor disease occurrence and prevalence in line with regulations and surveillance plans set by the competent department of agriculture and rural affairs under the State Council. Such monitoring shall not be refused or obstructed by any entity or individual that farms, slaughters, markets, quarantines, and transports animals and that engage in the production, marketing, processing, storage and safe disposal of animal products.

The competent department of agriculture and rural affairs under the State Council and the competent departments for agriculture and rural affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, shall timely issue early warnings according to their forecast on potential animal disease outbreaks and prevalence. Local governments, upon receiving warnings, shall take precautions and control measures without delay.

Article 20

To prevent the introduction of animal diseases from abroad, people's governments of provinces and autonomous regions along land borders shall set up surveillance sites as needed and improve their surveillance mechanisms.

Departments for science and technology, and customs shall follow provisions of this Law and relevant laws and regulations in surveillance and early warning, regularly share information with and send emergency alerts timely to the competent departments for agriculture and rural affairs.

People's governments at or above the county level shall improve their surveillance systems and working mechanisms on wildlife-borne diseases, and set up surveillance sites as needed. Departments of wildlife protection as well as agriculture and rural affairs shall carry out surveillance on wildlife-borne diseases according to their mandates, regularly share information with and send emergency alerts timely to each other.

Article 21

The state supports local governments in establishing specified animal disease free zones, and encourages animal farms to set up specified animal disease free compartments. The competent department of agriculture and rural affairs under the State Council shall recognize these zones and compartments once the evaluation results verify their conformity to its standards, publish correspondingly the list of the recognized zones and compartments, and carry out follow-up compliance supervision and inspections.

People's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for formulating and implementing the plan on the establishment of specified animal disease free zones within their respective administrative areas. The competent department of agriculture and rural affairs of the State Council shall provide guidance on the establishment of such zones that span provinces, autonomous regions, or municipalities directly under the Central Government.

The competent department of agriculture and rural affairs under the State Council, taking into consideration administrative divisions, distribution of animal farming and slaughtering industries, and risk evaluation results, shall exercise zone-based prevention and control of animal diseases, and may ban or limit the cross-region transport of specific animals and animal products.

Article 22

The competent department of agriculture and rural affairs of the State Council shall develop and organize the implementation of plans on the elimination and eradication of animal diseases.

On the basis of national plans, people's governments at or above the county level shall develop local plans on the elimination and eradication of animal diseases within their administrative areas and organize the implementation.

Animal disease control entities shall, in accordance with national and local plans on the elimination and eradication of animal diseases, provide technical guidance and training on elimination, and monitor and assess the results of elimination programs.

The state promotes elimination of animal diseases, and encourages and supports the elimination efforts of animal-farming entities and individuals. The list of animal-farming entities and individuals that meet the elimination standards set out by the competent department of agriculture and rural affairs under the State Council will be publicized by the departments of agriculture and rural affairs of people's governments at or above the provincial level.

Article 23

Breeding and dairy animals shall meet health requirements defined by the competent department of agriculture and rural affairs under the State Council.

Entities and individuals farming those animals shall routinely test their animals for diseases as required by the competent department of agriculture and rural affairs under the State Council; infected animals shall be handled according to applicable state regulations.

Article 24

An animal farm, quarantine area, or a facility for slaughtering, processing, and safe disposal of animals and animal products shall:

(1) Be appropriately distanced from residential areas, drinking water sources, schools, hospitals and other public places, as stipulated by the competent department of agriculture and rural affairs under the State Council;

(2) Ensure that production and operation areas are isolated, and engineering designs and procedures are consistent with animal disease prevention and control requirements;

(3) Possess sufficient equipment for sewage and waste treatment, safe disposal or refrigeration of fallen animals or products from diseased animals, cleaning, and disinfection;

(4) Be staffed with adequate licensed veterinarians or disease control technicians for its scale of operation;

(5) Have well-established disease prevention protocols for quarantine, disinfection, purchase and sales record-keeping, and routine surveillance;

(6) Meet other disease prevention requirements set out by the competent department of agriculture and rural affairs under the State Council.

Apart from the requirements above, safe disposal facilities for carcass and animal products shall also be equipped with the devices and capabilities for pathogen detection and dedicated vehicles that meet disease control requirements.

Article 25

Animal disease control compliance assessment is a mandatory regulatory requirement.

Anyone that intends to open an animal farm, quarantine station, slaughterhouse, or a facility that safely disposes of animal carcasses or products shall file an application to the competent department of agriculture and rural affairs of the local people's government at or above the county level, accompanied by supporting documents. The competent department that receives the application shall conduct inspections according to provisions stipulated in this Law and the Administrative Licensing Law of the People's Republic of China. Applicants that pass the assessment will be granted a certificate of compliance for animal disease control and those who fail the assessment will be notified of the assessment result with explanations.

The certificate of compliance for animal disease control shall identify information such as the applicant's name, address of the establishment (plant), and the animals (animal products) involved.

Article 26

Markets where animals and animal products are traded shall meet animal disease control requirements imposed by the competent department of agriculture and rural affairs under the State Council, and are subject to supervision and inspections by competent departments for agriculture and rural affairs. The specific measures shall be developed by the competent department of agriculture and rural affairs under the State Council.

Local people's governments at or above the county level shall ban the trade of livestock and live poultry within certain urban areas if necessitated by local conditions.

Article 27

The vehicles, bedding, packaging and containers employed in transporting animals and animal products shall meet animal disease control requirements imposed by the competent department of agriculture and rural affairs under the State Council.

Infected animals, their excreta and products, as well as animal excreta, contaminated bedding, packaging and containers on transport vehicles shall be disposed of in accordance with applicable state regulations instead of being disposed arbitrarily.

Article 28

Applicable state regulations on the management of laboratories working with pathogenic microorganisms shall be observed in the collection, preservation and transportation of diseased animal samples and pathogenic microorganisms, as well as during activities such as research, teaching, testing and diagnosis that involve pathogenic microorganisms.

Article 29

The slaughter, marketing and transportation of animals belonging to one or more of the following groups and the production, marketing, processing, storage and transportation of their products are prohibited:

(1) animals that are from a blocked-off infected zone and related to the reported animal disease there;

(2) susceptible animals within the infected zones;

(3) animals that are not inspected as required or have failed the inspection;

(4) animals that are infected or suspected to be infected;

(5) animals that have died from diseases or unknown causes; or

(6) animals that otherwise fail to meet the animal disease control regulations imposed by the competent department of agriculture and rural affairs under the State Council.

In the event of necessary temporary storage or transportation of such animals and animal products before their safe disposal in designated facilities, exceptions can be made when disease control measures have been implemented in accordance with applicable regulations.

Article 30

An entity or individual that keeps a dog shall have such dog vaccinated against rabies on a regular basis, as provided by applicable regulations, and obtain a vaccination certificate from the concerned veterinary establishment to register the dog with the local competent department.

When taking dogs in their custody outdoors, keepers shall attach a tag to each dog in accordance with applicable regulations and restrain it with a leash to prevent it from injuring people or spreading diseases.

Sub-district offices in coordination with residents' committees, and town-level people's governments in coordination with villagers' committees, are responsible for controlling and handling the stray dogs and cats within their administrative areas to prevent disease transmission.

County-level and town-level people's governments, and sub-district offices shall carry out disease control in domestic dogs in rural areas in light of local context.

Provinces, autonomous regions and municipalities directly under the Central Government shall develop their own rules on disease control for domestic dogs.

Chapter III Report, Notification, and Publication of Information of Animal Diseases

[edit]

Article 31

Entities and individuals engaged in animal disease surveillance, testing, and research, animal health inspection, veterinary medicine activities, and animal farming, slaughtering, marketing, isolation and transportation shall immediately report to the local competent department of agriculture and rural affairs or animal disease prevention and control agencies when they detect an animal is infected with or is suspected of being infected with a disease, and they shall promptly take control measures such as isolation to prevent the spread of the disease. Other entities or individuals that encounter the above-mentioned situation shall report it in a timely manner.

Entities that receive reports of animal diseases shall, in order to prevent any delay of timely animal diseases control, adopt immediate necessary measures including temporary isolation and movement control, and report without delay to higher-level departments in compliance with procedures pursuant to state regulations.

Article 32

The competent departments of agriculture and rural affairs of people's governments at or above the county level are authorized to declare outbreaks of animal diseases. In the case of major animal diseases, the competent departments for agriculture and rural affairs of people's governments of provinces, autonomous regions and municipalities directly under the Central Government or, when necessary, the competent department of agriculture and rural affairs under the State Council are authorized to declare outbreaks.

For the purpose of this Law, an outbreak of a major animal disease refers to the situation where an animal disease of Category I, II or III breaks out suddenly and spreads rapidly, posing severe threats or danger to safe livestock production and causing potential harm to public health and human life.

While filing the report on an outbreak of a major animal disease, any local people's government at or above the county level may, when the situation deems necessary, decide to lock down the affected area and take such measures as slaughter and destruction.

Article 33

The state enforces a notification system for animal disease outbreaks.

The competent department of agriculture and rural affairs under the State Council shall, in a timely manner, notify the health department and other departments concerned under the State Council, relevant military agencies, and competent departments for agriculture and rural affairs of people's governments of provinces, autonomous regions, and municipalities directly under the Central Government of information on outbreaks of major animal diseases and response measures.

Where the customs finds that imported or exported animals or animal products are infected with or are suspected of being infected with a disease, it shall implement immediate response measures and notify the competent department of agriculture and rural affairs.

Where the competent departments for wildlife protection of people's governments at or above the county level find that wild animals are infected with or are suspected of being infected with an animal disease, they shall implement immediate response measures and notify the competent department of agriculture and rural affairs of the people's government at the same level.

The competent department of agriculture and rural affairs under the State Council shall, in accordance with the treaties and agreements which China has concluded or acceded to, notify relevant international organizations or trading partners of outbreaks of major animal diseases and response measures in a timely manner.

Article 34

In the event of a zoonosis outbreak, the competent department of agriculture and rural affairs of the local people's government at or above the county level and the competent departments for health and wildlife protection of the same government shall notify each other of the outbreak in a timely manner.

When a zoonosis breaks out, the competent health department shall monitor susceptible populations in the infected zone, publish information on the outbreak without delay and adopt corresponding prevention and control measures in compliance with the Law of the People's Republic of China on Prevention and Treatment of Infectious Diseases.

Article 35

Any person infected with a zoonosis must not directly engage in animal disease surveillance and testing, animal health inspection, veterinary medicine activities, nor the farming, slaughtering, marketing, isolation and transportation of susceptible animals.

Article 36

The competent department of agriculture and rural affairs under the State Council is responsible for publishing information on animal diseases in a timely manner, and it may, when it deems necessary, authorize the competent departments for agriculture and rural affairs of people's governments of provinces, autonomous regions, and municipalities directly under the Central Government to publish information on animal diseases in their respective administrative areas. No other entity or individual is allowed to publish information on animal diseases.

Article 37

No entity or individual is allowed to make a false report, delay the reporting, conceal facts or omit information of animal diseases, or incite others to conceal facts, make a false report or delay the reporting of animal diseases, or hinder others in reporting animal diseases.

Chapter IV Containment of Animal Diseases

[edit]

Article 38

When an animal disease of Category I breaks out, the following containment measures shall be taken:

(1) The competent department of agriculture and rural affairs of the local people's government at or above the county level shall immediately send personnel to the place of detection to delimit the infected site, infected zone and threatened zone, trace the source of infection, and notify the people's government at the same level and request it to lock down the infected zone in a timely manner. Where the infected zone spans across two or more administrative areas, the lockdown shall be imposed by the people's government at the next higher level which exercises jurisdiction over all the affected administrative areas, or jointly by the people's governments at the next higher level which exercise jurisdiction over the respective affected administrative areas. When the situation deems necessary, the people's government at a higher level may instruct the people's government at a lower level to lock down the infected zone.

(2) The local people's governments at or above the county level shall immediately instruct the departments and entities concerned to take mandatory measures including lockdown, isolation, slaughter, destruction, disinfection, safe disposal and emergency vaccination.

(3) During a lockdown, animals and animal products that are infected with, suspected of being infected with, or susceptible to the disease are prohibited from leaving the infected zone. Susceptible animals outside the infected zone are banned from entering the infected zone. Disinfection shall be carried out and other restrictions shall be imposed as needed on personnel, transport vehicles and affected objects that enter or leave the infected zone.

Article 39

When an animal disease of Category II breaks out, the following containment measures shall be taken:

(1) The competent department of agriculture and rural affairs of the local people's government at or above the county level shall delimit the infected site, infected zone and threatened zone.

(2) The local people's government at or above the county level shall, as deemed necessary, instruct the departments and entities concerned to take such measures as isolation, slaughter, destruction, disinfection, safe disposal, emergency vaccination and restrictions on the entry and exit of susceptible animals, animal products and affected objects to and from the infected zone.

Article 40

Upon the completion of an assessment in accordance with the standards and procedures prescribed by the competent department of agriculture and rural affairs under the State Council, the department that made the delimitation and initiated control measures may decide to delist the infected site, infected zone or threatened zone and lift lockdown measures and publicize such decision.

Article 41

When an animal disease of Category III breaks out, the local people's government at the county or town level shall organize control activities according to applicable regulations of the competent department of agriculture and rural affairs under the State Council.

Article 42

When an explosive outbreak of an animal disease of Category II or III happens, the disease shall be treated as an animal disease of Category I.

Article 43

Relevant entities and individuals in the infected zone shall comply with the requirements for animal disease control set by the local people's government at or above the county level and its competent department of agriculture and rural affairs in accordance with law.

No entity or individual may hide, transfer or excavate and steal animals or animal products that have been isolated, sealed up or disposed of in accordance with law.

Article 44

In the event of an animal disease outbreak, businesses in civil aviation, and railway, highway, and waterway transportation shall give priority to the transport of personnel and supplies for disease control.

Article 45

The competent department of agriculture and rural affairs under the State Council, taking into consideration the nature, characteristics and potential harm of animal diseases on society, shall formulate the National Contingency Plan for Outbreaks of Major Animal Diseases and submit it to the State Council for approval. It shall also develop implementation programs for different diseases based on their epidemiological characteristics and magnitude of impact.

Local people's governments at or above the county level shall, based on local conditions and the contingency plans for outbreaks of major animal diseases issued by departments at the higher levels, formulate contingency plans of their respective administrative areas for outbreaks of major animal diseases, submit them to the competent departments for agriculture and rural affairs of the people's governments at the next higher level for record, and send a copy to the emergency management departments of the people's governments at the next higher level. The competent departments for agriculture and rural affairs of people's governments at or above the county level shall develop separate implementation programs for different diseases according to their epidemiological characteristics and magnitude of impact.

Contingency plans and implementation programs for outbreaks of major animal diseases shall be revised in a timely manner according to the development of the outbreaks.

Article 46

In the event of an outbreak of a major animal disease, the competent department of agriculture and rural affairs under the State Council shall delimit the areas at risk, and issue a ban or restriction on the transportation of specific animals or animal products from high-risk areas to low-risk areas.

Article 47

In the event of an outbreak of a major animal disease, emergency responses shall be initiated in accordance with relevant laws, regulations of the State Council and the contingency plans.

Chapter V Inspection of Animals and Animal Products

[edit]

Article 48

Animal health supervision institutions shall undertake health inspection of animals and animal products pursuant to the provisions of this Law and applicable regulations of the competent department of agriculture and rural affairs under the State Council.

The health inspection of animals and animal products shall be conducted by official veterinarians of the animal health supervision institutions.

Article 49

Before slaughtering, selling or transporting animals, or selling or transporting animal products, the owner shall, according to applicable regulations of the competent department of agriculture and rural affairs under the State Council, submit an application to the local animal health supervision institution for health inspection.

Upon receiving such an application for inspection, the animal health supervision institution shall, in a timely manner, send official veterinarians to conduct health inspection of the animals or animal products, and issue animal health certificates for animals or animal products that pass the inspection and attach them with animal health marks. Official veterinarians who perform the inspections shall affix their signatures or seals to the animal health certificates and marks, and shall be accountable for the conclusion of the inspection.

Licensed veterinarians or animal health technicians of animal farms or animal slaughtering businesses shall assist official veterinarians in conducting animal health inspections.

Article 50

The use of wild animals for non-food purposes such as scientific research, medicine, exhibitions or other special purposes, shall be reported to the competent animal health supervision institution for wild animals' health inspection pursuant to applicable state regulations, and they shall only be used after passing the inspection.

The capture of wild animals shall be reported to the local animal health supervision institution where the animals are captured and are subject to health inspection pursuant to applicable state regulations, and those animals shall only be raised, traded or transported after passing the inspection.

The competent department of agriculture and rural affairs under the State Council shall, in cooperation with the competent department of wildlife protection under the State Council, develop the rules for animal health inspection of wildlife.

Article 51

Animals to be slaughtered, marketed or transported, or used for scientific research, exhibitions, performances, competitions and other non-food purposes, shall have animal health certificates, and animal products to be marketed or transported shall have animal health certificates and marks.

Article 52

For the animals and animal products to be transported by air, rail, highway or waterway, the consignor shall provide the animal health certificates of the consignments; otherwise, the carrier shall not accept them for transport.

The carrier shall only transport and deliver imported animals and animal products based on necessary import declaration documents, and transport and deliver animals and animal products for export based on available health certificates issued by the customs.

The entities, individuals or vehicles engaged in animal transport shall be registered for record at the competent department of agriculture and rural affairs of the local people's government at the county level, and properly record the transport route and information provided by the consignor including the name, animal health certificate number and quantity of the animals. The specific rules shall be developed by the competent department of agriculture and rural affairs under the State Council.

The transport vehicles involved shall be cleaned and disinfected immediately before loading and after unloading.

Article 53

People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall determine and publish the designated passages for road transport of animals into their respective administrative areas, and set up guiding marks. The transport of animals by road across the borders of provinces, autonomous regions and municipalities directly under the Central Government shall pass through designated passages established by people's governments of the concerned provinces, autonomous regions, and municipalities directly under the Central Government.

Article 54

In the event of transporting animals and animal products to specified animal disease free zones, the owner shall, according to the regulations of the competent department of agriculture and rural affairs under the State Council, submit an application for health inspection to the local animal health supervision institution. Such animals and animal products shall only be allowed to enter disease free zones after passing the inspection.

Article 55

After the arrival of the dairy and breeding animals transported to the destination from another province, autonomous region or municipality directly under the Central Government, the owner shall put them in quarantine for observation in accordance with the regulations of the competent department of agriculture and rural affairs under the State Council.

Article 56

For the animals or animal products that fail health inspection, the owner shall handle them according to applicable state regulations with the supervision of the competent department of agriculture and rural affairs concerned, and shall bear the expenses thus incurred.

Chapter Ⅵ Safe Disposal of Fallen Animals and Products from Diseased Animals

[edit]

Article 57

Entities or individuals engaged in activities such as the farming, slaughter, marketing or quarantine of animals, or the production, marketing, processing or storage of animal products shall, in compliance with applicable state regulations, properly dispose of fallen animals and products from diseased animals in a safe manner, or entrust them to be safely disposed of at qualified premises.

Entities or individuals engaged in the transport of animals and animal products shall cooperate in properly conducting safe disposal of fallen animals and products from diseased animals, and shall not discard such animals and animal products during transit at will.

No entity or individual may trade, process or discard at will fallen animals and products from diseased animals.

The administrative measures for safe disposal of animals and animal products shall be formulated by the competent department of agriculture and rural affairs and the competent department of wildlife protection under the State Council according to their respective mandates.

Article 58

Dead livestock and poultry found in rivers, lakes, reservoirs and other waters shall be collected, disposed of and traced to their sources by the local people's government at the county level.

Dead livestock and poultry found in urban public places and villages shall be collected, disposed of and traced to their sources by the local sub-district office or the local people's government at the town level.

Dead wild animals found in the wild shall be collected and disposed of by the local competent department of wildlife protection.

Article 59

People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for the construction of safe disposal facilities for animals and animal products, and establish a government-led and market-based system of safe disposal.

Article 60

Government at all levels shall provide subsidies for safe disposal of fallen animals. The specific criteria and rules for granting such subsidies shall be developed by the fiscal department of the people's government at or above the county level, in conjunction with other relevant departments at the same level, including those responsible for agriculture and rural affairs and for wildlife protection.

Chapter VII Veterinary Medicine Practice

[edit]

Article 61

Establishments engaging in veterinary medicine practice are required to have:

(1) a premise which meets the requirements for veterinary medicine practice and animal disease control;

(2) licensed veterinarians that meet the requirements for veterinary medicine practice;

(3) instruments and equipment required for veterinary medicine practice; and

(4) a sound management system.

Veterinary establishments include animal hospitals, animal clinics and other establishments providing veterinary services.

Article 62

To establish a veterinary establishment, an application for a veterinary practice permit shall be filed with the competent department of agriculture and rural affairs of the local people's government at or above the county level. The competent department of agriculture and rural affairs that accepts the application shall conduct assessment in accordance with the provisions of this Law and the Administrative Licensing Law of the People's Republic of China. The applicant found to be qualified upon assessment shall be issued a veterinary practice permit, and the applicant found to be unqualified shall be informed of the failure and offered explanations.

Article 63

A veterinary practice permit shall state the name, the scope of practice, the location, and the legal representative (the person in charge), among other information, of a veterinary establishment.

In the case that any fact corresponding to the information stated in the permit changes, an application for modification of the permit or issuance of a new permit shall be filed.

Article 64

Veterinary establishments shall, in accordance with applicable regulations of the competent department of agriculture and rural affairs under the State Council, be responsible for work such as health and safety protection, disinfection, quarantine and medical waste disposal in their veterinary activities.

Article 65

Veterinary practices shall follow standard operating procedures, and use veterinary drugs and instruments in accordance with applicable regulations.

The administrative measures for veterinary drugs and instruments shall be formulated by the State Council.

Chapter VIII Management of Veterinarians

[edit]

Article 66

The state practices an official veterinarian appointment system.

An official veterinarian shall be appointed by the competent department of agriculture and rural affairs of the local people's government at or above the county level after being confirmed in accordance with relevant procedures, by the competent department of agriculture and rural affairs of the local people's government of the province, autonomous region or municipality directly under the Central Government, that the applicant meets the requirements prescribed by the competent department of agriculture and rural affairs under the State Council. The specific measures shall be formulated by the competent department of agriculture and rural affairs under the State Council.

An official veterinarian of customs shall meet the prescribed requirements and be appointed by the General Administration of Customs. The specific measures shall be formulated by the General Administration of Customs in conjunction with the competent department of agriculture and rural affairs under the State Council.

Article 67

Official veterinarians shall perform the duty of animal health inspection on animals and animal products in accordance with the law, and such performance shall not be rejected or hindered by any entities or individuals.

Article 68

Competent departments of agriculture and rural affairs of people's governments at or above the county level shall develop training plans for official veterinarians, create conditions for training, and conduct training and evaluation of official veterinarians on a regular basis.

Article 69

The state practices a licensure examination system for veterinarians. Where an individual with a junior college degree or above in veterinary medicine or a related field or a rural veterinarian meeting the prescribed requirements passes the veterinary licensure examination, the said individual or rural veterinarian shall be issued the veterinary license by the competent department of agriculture and rural affairs of the local people's government of the province, autonomous region, or municipality directly under the Central Government. Licensed veterinarians who seek to engage in veterinary medicine or other related business shall file with the competent department of agriculture and rural affairs of the local people's government at the county level for record.

The measures for the veterinary licensure examination shall be formulated by the competent department of agriculture and rural affairs under the State Council in consultation with the competent department of human resources under the State Council.

Article 70

Licensed veterinarians shall diagnose by themselves before prescribing and be responsible for their diagnoses.

The state encourages licensed veterinarians to pursue continuing education. The establishments where licensed veterinarians work shall support the licensed veterinarians in furthering their education.

Article 71

Rural veterinarians may practice veterinary medicine in rural areas. Specific administrative measures for such practice shall be formulated by the competent department of agriculture and rural affairs under the State Council.

Article 72

Licensed veterinarians and rural veterinarians shall participate in activities such as the prevention, containment, and elimination of animal diseases in accordance with the requirements of local people's governments and competent departments of agriculture and rural affairs.

Article 73

Veterinary industry associations shall provide veterinary information, technologies, training and other services, safeguard the legitimate rights and interests of their members, establish and improve industry standards as well as reward and punishment mechanisms according to the articles of association, strengthen self-discipline of the industry, promote the integrity of the industry, and communicate knowledge relating to animal disease control and veterinary medicine.

Chapter IX Supervision

[edit]

Article 74

Competent departments of agriculture and rural affairs of local people's governments at or above the county level shall, in accordance with the provisions of this Law, supervise activities such as the farming, slaughter, marketing, quarantine, and transportation of animals, and the production, marketing, processing, storage, and transportation of animal products for animal disease control.

Article 75

To control animal diseases, competent departments of agriculture and rural affairs of people's governments at the county level shall dispatch personnel to conduct checks at local checkpoints established in accordance with the law, and when necessary, subject to the approval of the people's governments of provinces, autonomous regions or municipalities directly under the Central Government, may set up temporary checkpoints for animal disease control to conduct checks.

Article 76

In conducting checks, competent departments of agriculture and rural affairs of local people's governments at or above the county level may take the following measures, and any entities or individuals shall not reject or hinder such efforts:

(1) taking samples from animals and animal products, keeping animals and animal products for testing, and conducting spot checks on animals and animal products in accordance with applicable regulations;

(2) isolating, sealing up, impounding and disposing of animals, animal products and relevant articles that are infected with disease or are suspected of being infected with disease;

(3) conducting remedial animal health inspection, if applicable, on animals and animal products that have not received the inspection required by the law, and confiscate and destroy them if remedial inspection is not applicable;

(4) examining animal health certificates and marks, and animal identifiers; and

(5) entering relevant places to conduct investigation and collect evidence, and consult and copy materials relating to animal disease control.

Subject to the approval of the local people's governments at or above the county level, competent departments of agriculture and rural affairs of the said governments may, as required for animal disease prevention and containment, station official veterinarians or staff members at places such as transport stations, ports and airports.

Article 77

When performing checks for animal disease control, law enforcement personnel shall present their credentials for administrative law enforcement and wear unified badges.

Competent departments of agriculture and rural affairs of local people's governments at or above the county level and their staff members shall not engage in animal disease control-related business activities or charge any fees for checks.

Article 78

Transferring, forging or altering animal health certificates or marks or animal identifiers is prohibited.

Possessing or using forged or altered animal health certificates or marks or animal identifiers is prohibited.

The administrative measures for animal health certificates and marks shall be formulated by the competent department of agriculture and rural affairs under the State Council.

Chapter X Supporting Measures

[edit]

Article 79

Local people's governments at or above the county level shall include animal disease control in local economic and social development programs and annual plans.

Article 80

The state encourages and supports the research and development of new technologies, equipment and products in the field of animal disease control.

Article 81

People's governments at the county level shall staff animal health supervision institutions with official veterinarians suitable for the inspection of animals and animal products for animal health and guarantee their working conditions.

Competent departments of agriculture and rural affairs of people's governments at the county level may, as required for animal disease control, station veterinary institutions or personnel in townships, towns or other specific areas.

Article 82

The state encourages and supports the engagement of licensed veterinarians, rural veterinarians and veterinary establishments in animal disease control and veterinary medicine practices, and encourages producers of animals, veterinary drugs and feed to establish teams that provide animal disease control services. Local people's governments engaging village-level animal disease control personnel in animal disease control activities shall guarantee reasonable remuneration for the personnel.

Article 83

People's governments at or above the county level shall, in accordance with their duties, budget for the surveillance, prevention, containment, elimination and eradication of animal diseases, the animal health inspection of animals and animal products, the safe disposal of fallen animals, and animal disease control supervision.

Article 84

People's governments at or above the county level shall reserve supplies for emergency response to animal disease outbreaks.

Article 85

People's governments at or above the county level shall provide compensation for animals compulsorily slaughtered and animal products and relevant articles destroyed for the prevention, containment, elimination or eradication of animal diseases. The specific amounts and measures for compensation shall be formulated by the competent department of finance under the State Council in conjunction with other relevant departments.

Article 86

For personnel engaged in the prevention, inspection, checks or on-site handling of animal diseases and others exposed to animal disease pathogens during work, relevant entities shall, in accordance with state regulations, take effective health protection and health care measures and provide benefits such as medical and health subsidies for livestock and veterinary services.

[edit]

Article 87

Where a local people's government at any level or any of its staff members fails to perform duties in accordance with the provisions of this Law, the directly responsible persons in charge and other directly responsible persons shall be sanctioned in accordance with the law.

Article 88

Any department of agriculture and rural affairs of a local people's government at or above the county level or any of its staff members who, in violation of the provisions of this Law, commits any of the following acts, shall be ordered to take corrective actions and criticized in a circulated notice by the local people's government. The directly responsible persons in charge and other directly responsible persons shall be sanctioned in accordance with the law:

(1) failing to take prevention, containment, elimination or other measures in a timely manner; or

(2) issuing biosecurity certificates or veterinary practice permits to those who do not meet the prescribed requirements, or refusing to issue biosecurity certificates or veterinary practice permits to those who meet the prescribed requirements; or

(3) engaging in animal disease control-related business activities or charging fees in violation of the law; or

(4) otherwise failing to perform duties in accordance with the provisions of this Law.

Article 89

Any animal health supervision institution or any of its staff members that, in violation of this Law, which commits any of the following acts, shall be ordered to take corrective actions and criticized in a circulated notice by the local people's government or competent department of agriculture and rural affairs; and the directly responsible persons in charge and other directly responsible persons shall be sanctioned in accordance with the law:

(1) issuing animal health certificates for or applying animal health marks to animals or animal products which have not received animal health inspection or failed the inspection, or refusing to issue animal health certificates for or apply animal health marks to animals or animal products which have passed animal health inspection;

(2) re-inspecting animals or animal products with animal health certificates and marks;

(3) engaging in animal disease control-related commercial business activities or charging fees in violation of the law; or

(4) otherwise failing to perform duties in accordance with the provisions of this Law.

Article 90

Any animal disease prevention and control organization or any of its staff members that, in violation of the provisions of this Law, commits one of the following acts, shall be ordered to take corrective actions and criticized in a circulated notice by the local people's government or competent department of agriculture and rural affairs; the directly responsible persons in charge and other directly responsible persons shall be sanctioned in accordance with the law:

(1) failing to perform duties of animal disease surveillance, testing, or assessment, or forging the results thereof;

(2) failing to conduct diagnostic or investigative activities in a timely manner following the occurrence of animal disease cases;

(3) failing to take actions or report to the superior department in a timely manner in accordance with state regulations upon receiving reports of confirmed or suspected animal disease cases; or

(4) otherwise failing to perform duties in accordance with the provisions of this Law.

Article 91

Any local people's government or competent department, or any of its staff members that conceals, falsifies, delays, or omits the reporting of animal disease cases, instructs others to do so, or hinders others from reporting, shall be ordered to take corrective actions and criticized in a circulated notice by the people's government or competent department at a higher level; the directly responsible persons in charge and other directly responsible persons shall be sanctioned in accordance with the law.

Article 92

Anyone who, in violation of the provisions of this Law, commits any of the following acts, shall be ordered to take corrective actions within a time limit and may be fined not more than RMB 1,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level; if the corrective actions are not taken within the time limit, the violator shall be fined not less than RMB 1,000 yuan but not more than RMB 5,000 yuan and bear the costs of work done on the violator's behalf by veterinary or safe disposal establishments or other entities entrusted by the competent department of agriculture and rural affairs of the local people's government at or above the county level:

(1) failing to vaccinate raised animals in accordance with mandatory immunization programs against animal diseases or the technical specifications for immunization;

(2) failing to follow the schedule of disease testing for raised breeding or dairy animals in accordance with the requirements of the competent department of agriculture and rural affairs under the State Council, or to dispose of animals detected as unqualified in accordance with applicable regulations;

(3) failing to follow the schedule of immunization against rabies for raised dogs in accordance with applicable requirements; or

(4) failing to clean or disinfect transport vehicles of animals or animal products before loading and after unloading in a timely manner.

Article 93

Anyone who, in violation of the provisions of this Law, fails to establish vaccination records for mandatorily vaccinated animals in accordance with applicable regulations, or to apply identifiers to livestock in accordance with applicable regulations, shall be punished in accordance with relevant provisions of the Animal Husbandry Law of the People's Republic of China.

Article 94

Where, in violation of the provisions of this Law, the transport vehicles, bedding, packaging, or containers of animals or animal products fail to meet the requirements for animal disease control prescribed by the competent department of agriculture and rural affairs under the State Council, the violator shall be ordered to take corrective actions and may be fined not more than RMB 5,000 yuan, or, in the case the violation is serious, not less than RMB 5,000 yuan but not more than RMB 50,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level.

Article 95

Anyone who, in violation of the provisions of this Law, fails to dispose of infected animals or their excreta or products, or the transport vehicles, bedding, packaging, or containers contaminated by infected animals or their products shall be ordered to take corrective actions within a time limit by the competent department of agriculture and rural affairs of the local people's government at or above the county level. If the corrective actions are not taken within the time limit, the violator shall bear the costs of work done on his or its behalf by relevant entities entrusted by the competent department of agriculture and rural affairs of the local people's government at or above the county level and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan.

If such violation causes environmental pollution or ecosystem destruction, the violator shall be punished in accordance with relevant laws and regulations on environmental protection.

Article 96

Anyone who is infected with zoonosis and, in violation of the provisions of this Law, personally undertakes activities such as animal disease surveillance, testing, or inspection, veterinary medicine practices, or the farming, slaughter, marketing, quarantine, or transportation of susceptible animals, shall be ordered by the competent department of agriculture and rural affairs or wildlife protection of the local people's government at or above the county level to take corrective actions. If the order is not complied with, the violator shall be fined not less than RMB 1,000 yuan but not more than RMB 10,000 yuan, or, in the case the non-compliance is serious, not less than RMB 10,000 yuan but not more than RMB 50,000 yuan.

Article 97

Anyone who slaughters, markets, or transports the animals belonging to one of the groups listed in Article 29 of this Law, or produces, markets, processes, stores, or transports their products shall, by the competent department of agriculture and rural affairs or wildlife protection of the local people's government at or above the county level, be ordered to take corrective and remedial actions, with the illegal proceeds, animals, and animal products confiscated, and be fined not less than fifteen but not more than thirty times the value of animals or animal products of the same kind which have passed animal health inspection, or not less than RMB 50,000 yuan but not more than RMB 150,000 yuan in the case the value of animals or animal products of the same kind which have passed animal health inspection is less than RMB 10,000 yuan, and be punished in accordance with Article 100 of this Law if the animals or animal products that should have received animal health inspection in accordance with the law have not gone through the inspection.

The violator prescribed in the preceding paragraph, its legal representative (the person in charge), the directly responsible persons in charge and other directly responsible persons shall not undertake relevant activities within five years as of the date when the penalty decision is made, or, if a crime is constituted, be banned for life from activities such as the slaughter, marketing, and transportation of animals, and the production, marketing, processing, storage, and transportation of animal products.

Article 98

Anyone who, in violation of the provisions of this Law, commits any of the following acts, shall, by the competent department of agriculture and rural affairs of the local people's government at or above the county level, be ordered to take corrective actions and fined not less than RMB 3,000 yuan but not more than RMB 30,000 yuan, or, in the case the violation is serious, be ordered to suspend operation for rectification and fined not less than RMB 30,000 yuan but not more than RMB 100,000 yuan:

(1) operating animal farming, quarantine, slaughter, or processing establishments, or animal or animal product safe disposal establishments without biosecurity certificates;

(2) operating animal or animal product markets without meeting the disease control requirements prescribed by the competent department of agriculture and rural affairs under the State Council;

(3) engaging in the transportation of animals without filing with the competent department for record;

(4) failing to record information such as transport routes or information provided by consignors, such as species, animal health certificate numbers, or quantities, in accordance with applicable regulations;

(5) transporting animals or animal products that have not passed animal health inspection to specified animal disease free zones;

(6) failing to quarantine breeding or dairy animals moved across borders of provinces, autonomous regions, or municipalities directly under the Central Government upon their arrival at the destination in accordance with applicable regulations; or

(7) failing to dispose of animals that die of disease or their products in accordance with applicable regulations or discarding them in an unregulated manner.

Article 99

Any animal farming, quarantine, slaughter, or processing establishment, or animal or animal product safe disposal establishment that no longer meets requirements for animal disease control as prescribed in Article 24 of this Law due to changes in conditions of production or operations but continues to undertake relevant activities shall, by the competent department of agriculture and rural affairs of the local people's government at or above the county level, be warned and ordered to take corrective actions within a time limit, and, in the case the prescribed requirements are not met after the time limit, have its biosecurity certificate confiscated and the competent department of market regulation notified for that department to handle the case in accordance with the law.

Article 100

Anyone who, in violation of the provisions of this Law, slaughters, markets, or transports animals without animal health certificates, markets or transports animal products without animal health certificates or marks shall, by the competent department of agriculture and rural affairs of the local people's government at or above the county level, be ordered to take corrective actions and fined not more than the value of animals or animal products of the same kind which have passed animal health inspection. The carrier other than the owner shall be fined not less than three but not more than five times the transport fee, or, in the case the violation is serious, not less than five but not more than ten times the transport fee.

Anyone who, in violation of the provisions of this Law, uses animals for non-food purposes such as research, exhibition, performance, or competition without animal health certificates shall, by the competent department of agriculture and rural affairs of the local people's government at or above the county level, be ordered to take corrective actions and fined not less than RMB 3,000 yuan but not more than RMB 10,000 yuan.

Article 101

Anyone who, in violation of the provisions of this Law, moves animals or animal products whose movement is prohibited or restricted from a high-risk to a low-risk area for animal disease shall have the transport fee and illegally transported animals or animal products confiscated, and be fined not less than one but not more than five times the transport fee by the competent department of agriculture and rural affairs of the local people's government at or above the county level.

Article 102

Anyone who, in violation of the provisions of this Law, transports animals by road across borders of provinces, autonomous regions, or municipalities directly under the Central Government without entering or passing their territories through the passages designated by their people's governments shall be fined not less than RMB 5,000 yuan but not more than RMB 10,000 yuan, or, in the case the violation is serious, not less than RMB 10,000 yuan but not more than RMB 50,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level.

Article 103

Anyone who, in violation of the provisions of this Law, transfers, forges, or alters animal health certificates or marks, or animal identifiers shall have the illegal proceeds, animal health certificates and marks, and animal identifiers confiscated, and be fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level.

Anyone who possesses or uses forged or altered animal health certificates or marks, or animal identifiers shall have them and the animals and animal products they are applied to confiscated and be fined not less than RMB 3,000 yuan but not more than RMB 30,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level.

Article 104

Anyone who, in violation of the provisions of this Law, commits any of the following acts, shall be ordered to take corrective actions and fined not less than RMB 3,000 yuan but not more than RMB 30,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level:

(1) announcing the occurrence of an animal disease without approval;

(2) failing to comply with requirements on animal disease control prescribed in accordance with the law by the competent department of agriculture and rural affairs of the local people's government at or above the county level; or

(3) hiding, transferring, or excavating and stealing animals or animal products that have been isolated, sealed up, or disposed of in accordance with the law.

Article 105

Anyone who, in violation of the provisions of this Law, practices veterinary medicine without the veterinary practice permit shall, by the competent department of agriculture and rural affairs of the local people's government at or above the county level, be ordered to suspend such practice, have the illegal proceeds confiscated, and be fined not less than one but not more than three times the illegal proceeds, or, in the case the illegal proceeds are less than RMB 30,000 yuan, not less than RMB 3,000 yuan but not more than RMB 30,000 yuan.

Any veterinary establishment which, in violation of the provisions of this Law, fails to conduct health and safety protection, disinfection, quarantine or medical waste disposal in accordance with applicable regulations shall, by the competent department of agriculture and rural affairs of the local people's government at or above the county level, be ordered to take corrective actions and fined not less than RMB 1,000 yuan but not more than RMB 10,000 yuan, or, in the case such violation leads to the spread of animal disease, not less than RMB 10,000 yuan but not more than RMB 50,000 yuan, and, in the case the violation is serious, have its veterinary practice permit revoked.

Article 106

Anyone who, in violation of the provisions of this Law, practices veterinary medicine for profits without filing the veterinary medical license with the competent department for record shall be ordered to suspend the practice, have the illegal proceeds confiscated, and be fined not less than RMB 3,000 yuan but not more than RMB 30,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level. The veterinary establishment employing the violator shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan.

Any licensed veterinarian who, commits any of the following acts, shall be warned and ordered to suspend veterinary medical practice for not less than six months but not more than one year, or, in the case the violation is serious, have the veterinary medical license revoked by the competent department of agriculture and rural affairs of the local people's government at or above the county level:

(1) violating technical specifications for veterinary medicine practice, which has caused or may cause the transmission or spread of an animal disease;

(2) using veterinary drugs or instruments that do not meet relevant requirements; or

(3) failing to engage in animal disease prevention, containment, or elimination activities as required by the local people's government or competent department of agriculture and rural affairs,

Article 107

Anyone who, in violation of the provisions of this Law, produces or markets veterinary instruments that do not meet quality requirements shall be ordered to take corrective actions within a time limit, or, in the case the violation is serious, be ordered to suspend business operations for rectification and fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level.

Article 108

Any entity or individual who undertakes such activities as animal disease research, veterinary medicine, the farming, slaughter, marketing, quarantine, or transportation of animals, or the production, marketing, processing, storage, or safe disposal of animal products and, in violation of the provisions of this Law, shall be ordered to take corrective actions and may be fined not more than RMB 10,000 yuan, or, in the case the order is not complied with, shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan and may be ordered to suspend business operation for rectification by the competent department of agriculture and rural affairs of the local people's government at or above the county level:

(1) failing to report detected or suspected cases of animal diseases, or to take containment measures such as isolation;

(2) failing to truthfully provide information relating to animal disease control;

(3) rejecting or obstructing checks by the competent department of agriculture and rural affairs;

(4) rejecting or obstructing the surveillance, testing, or assessment of animal diseases by animal disease prevention and control organizations; or

(5) rejecting or obstructing the performance of duties in accordance with the law by official veterinarians.

Article 109

In the case the violation of the provisions of this Law causes the transmission or spread of zoonosis, the violator shall be subject to a heavier sanction or penalty in accordance with the law.

The violator shall, in accordance with the law, be given a penalty for public security in the case the violation of the provisions of this Law constitutes violation of the administration of public security, or be held criminally responsible in the case the violation constitutes a crime.

In the case the violation of this Law causes harm to others' health or property, the violator shall bear civil liability in accordance with the law.

Chapter XII Supplementary Provisions

[edit]

Article 110

For purposes of this Law,

(1) A specified animal disease free zone refers to an area confirmed by inspection to be separated by natural barriers or artificial means and free from a specific disease or specific diseases for a given period of time;

(2) A specified animal disease free compartment refers to a number of premises consisting of animal farms and their supporting facilities confirmed by inspection to be under a common biosecurity management system and free from a specific disease or specific diseases for a given period of time;

(3) A fallen animal refers to an animal that dies of infectious or non-infectious disease or unknown cause, or a dead animal that is confirmed by inspection to be a potential health hazard for humans or animals; and

(4) A product from diseased animals refers to a product of fallen animals, or an animal product that is confirmed by inspection to be a potential health hazard for humans or animals.

Article 111

The equivalence assessment for overseas specified animal disease free zones and compartments shall be conducted in accordance with relevant provisions of this Law.

Article 112

Regulations on laboratory animal management shall apply in the case there is any special requirement for the disease control for laboratory animals.

Article 113

This Law shall come into force as of 1 May 2021.

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.

Public domainPublic domainfalsefalse

Translation:

This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.

Public domainPublic domainfalsefalse