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

(npc.gov.cn)     Updated : 2015-08-17

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.