Chapter VIII

Guarantee Measures

Article 62 Local people’s governments at or above the county level shall incorporate the prevention of animal epidemics into their national economic and social development programs and annual plans.

Article 63 County and township people’s governments shall take effective measures to organize strong teams for prevention of animal epidemics at the village level.

The administrative departments for veterinary medicine under the people’s governments at the county level may, in light of the need of prevention of animal epidemics, set up representative veterinary centers in townships, towns, or specific areas.

Article 64 People’s governments at or above the county level shall, in compliance with their respective duties, incorporate into their financial budgets the funds needed for prevention, control, elimination, quarantine and supervision in respect of animal epidemics. Article 65 People’s governments at or above the county level shall keep in reserve the goods and materials needed for emergency handling of animal epidemics.

Article 66 Where animals are eradicated and animal products and relevant goods are destroyed through mandatory measures taken in the course of prevention, control and elimination of animal epidemics, people’s governments at or above the county level shall provide compensation. The specific rates and measures for compensation shall be determined and adopted by the department of finance under the State Council together with the departments concerned.

Compensation shall be made for animals that die of stress caused by mandatory vaccination given in accordance with law. The specific rates and measures for compensation shall be determined and adopted by the department of finance under the State Council together with the departments concerned.

Article 67 With respect to the persons who are engaged in prevention, quarantine, supervision, inspection and on-the-spot handling in respect of animal epidemics and who are exposed to animal epidemic pathogens, the related units shall take effective health and protection measures and medical and health care measures in accordance with State regulations.

Chapter IX

Legal Liability

Article 68 Where the local people’s governments at various levels and their staff members fail to perform their duties in accordance with the provisions of this Law, the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law.

Article 69 Where the administrative departments for veterinary medicine under the local people’s governments at or above the county level or their staff members, in violation of the provisions of this Law, commit one of the following acts, they shall be ordered by the people’s government at the same level to set it right and be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) failing to take measures for prevention, control and elimination of animal epidemics in a timely manner;

(2) issuing qualification certificates for animal epidemic prevention or licenses for diagnosis and treatment of animal diseases to units or individuals that do not meet the requirements, or refuse to issue such certificates or licenses to units or individuals that meet the requirements; or

(3) other failures to perform their duties in accordance with the provisions of this Law.

Article 70 Where the animal health supervision institutions and their staff members, in violation of the provisions of this Law, commit one of the following acts, they shall be ordered by the people’s government at the same level or the administrative department for veterinary medicine to set it right and be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) issuing quarantine certificates and attaching quarantine marks for animals or animal products which have not been subjected to on-the-spot quarantine or have failed to pass the quarantine, or refusing to issue quarantine certificates and attach quarantine marks for animals and animal products which have passed on-the-spot quarantine;

(2) performing repeated quarantine for animals or animal products which are attached with quarantine certificates and marks;

(3) engaging in profit-making activities related to prevention of animal diseases, or collecting extra fees or collecting double fees in addition to what is prescribed by the departments of finance and pricing under the State Council; or

(4) other failures to perform their duties in accordance with the provisions of this Law.

Article 71 Where the institutions for prevention and control of animal epidemics and their staff members, in violation of the provisions of this Law, commit one of the following acts, they shall be ordered by the people’s government at the same level or the administrative department for veterinary medicine to set it right and be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law:

(1) failing to perform their duties of monitoring and detecting animal epidemics, or forging monitoring and detection results;

(2) failing to conduct timely diagnosis and investigation when an animal epidemic breaks out; or

(3) other failures to perform their duties in accordance with the provisions of this Law.

Article 72 Where local people’s governments at different levels, the relevant departments or their staff members conceal the facts about, make false report of, delay the reporting of or omit the facts about an animal epidemic, or incite others to conceal the facts about, make false report of or delay the reporting of an animal epidemic, or prevent others from reporting such epidemic, they shall be ordered by the people’s governments at a higher level or the relevant departments to set it right and shall be criticized in a circular; and the leading persons directly in charge and the other persons directly responsible shall be given sanctions according to law.

Article 73 Any unit or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the animal health supervision institution to set it right and be given a warning; if it/he refuses to set it right, the animal health supervision institution shall do it instead, and the expenses thus incurred shall be borne by the violator, who may be fined not more than RMB1,000 yuan:

(1) failing to have the animals they are raising immunized according to the plans for mandatory immunization against animal epidemics;

(2) failing to treat, according to relevant regulations, the breeding or dairy animals which have not undergone detection or which have failed to pass the detection; or

(3) failing to have, in a timely manner, the means of transportation cleaned and disinfected before loading and after unloading of animals and animal products.

Article 74 Any unit or individual that, in violation of the provisions of this Law, fails to keep on file the animals that have undergone mandatory immunization or to attach labels to livestock or poultry, as is required by the administrative department for veterinary medicine under the State Council, shall be punished pursuant to the relevant provisions of the Animal Husbandry Law of the People’s Republic of China.

Article 75 Any unit or individual that, in violation of the provisions of this Law, fails to dispose of epidemic-infected animals or their excrements, products form epidemic-infected animals, or carcasses of animals that die of illness or of unknown causes, or animal excrements in the carrying vehicles or the contaminated beddings, package and containers, etc., or other animals or animal products which fail to pass the quarantine -- as is required by the administrative department for veterinary medicine under the State Council, shall be ordered by the animal health supervision institution to conduct innocuous treatment, and the expenses thus incurred shall be borne by the violator, who may be fined not more than 3,000 yuan.