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

(npc.gov.cn)     Updated : 2015-08-17

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.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.