AQSIQ Decree No. 146 on Quarantining Entry-Exit Passengers' Articles
From the General Administration of Quality Supervision, Inspection & Quarantine of China (AQSIQ)

The AQSIQ hereby promulgates the Administrative Measures On Quarantine Of Entry-Exit Passengers' Belongings that were adopted by the AQSIQ on June 27, 2012 and that shall come into force on November 1, 2012.

AQSIQ Minister

August 2, 2012

Administrative Measures On Quarantine Of Entry-Exit Passengers' Belongings

Chapter 1 General Rules

Article 1 These measures are formulated in accordance with the P. R. China's Law On Quarantine Of Entry-Exit Animals & Plants, Law On Frontier Health Quarantine, Administrative Regulations On Safety Of Agricultural Genetically Modified Organisms, Administrative Regulations On Import & Export Of Endangered Wildlife, and so on.

Article 2 Entry-exit passengers herein refer to entry-exit persons (including any diplomats), entry-exit vehicles' employees, and others;

Entry-exit articles herein refer to any articles taken along with entry-exit passengers, carried by entry-exit cars, ships and planes taken by the passengers and carried separately from the passengers.

Article 3 The AQSIQ assumes the quarantine and supervision of the entry-exit articles throughout China.

Local entry-exit inspection and quarantine agencies supervised by the AQSIQ are respectively responsible for local quarantine of the entry-exit articles.

Article 4 Upon carrying the articles as below, entry-exit passengers shall declare to and receive quarantine by the inspection-quarantine agencies:

Entry animals, plants, their products and other quarantine objects;
Entry-exit biological species resources, endangered wildlife and their products;

Exit wildlife under State protection and their products;

Entry-exit microorganisms, human tissues, biological products, blood and blood products (hereinafter referred to as "special articles");

Entry-exit corpse, skeletons, and so on;

Entry-exit articles from epidemic areas, contaminated with infectious diseases, or likely to spread infectious diseases;

Other articles specified by the AQSIQ to be subjected to quarantine.

Article 5 Entry-exit persons shall not carry the articles as follows:

Animal/plant pathogens, pests and other harmful organisms;

Animals, plants, their products and other quarantine objects from any epidemic regions;

Animal corpse;

Soil;

Those listed in China's Catalog Of Animals & Plants Banned From Entry By Mail And Carry;

Banned-from-entry waste and used articles, radioactive substances and others.

Article 6 Where entry-exit articles are found severe quarantine-risking, the inspection-quarantine agencies shall launch risk pre-warning and fast reaction mechanism.

Chapter 2 Quarantine Approval

Article 7 Where the quarantine approval is required, the entry-exit passengers shall apply in advance to the AQSIQ for quarantine approval procedures.

Article 8 In the case of inability to conduct quarantine approval in advance, the entry-exit passengers shall apply for its conduct at later time.

Article 9 Upon entry with the articles listed by the items (1)-(4) of Article 5 herein, the passengers shall apply in advance to the AQSIQ for quarantine approval procedures.

Article 10 Entry with passengers may be permitted as regards the articles listed in China's Catalog Of Animals & Plants Banned From Entry By Mail And Carry on the strength of approval by China's authorities concerned and of quarantine certificates officially issued by authorities of exporting countries/regions.

Article 11 As regards entry of special articles, the passengers shall in advance undertake quarantine approval procedures with governing inspection-quarantine agencies.

Chapter 3 Declaration and Onsite Quarantine

Article 12 Where carrying the articles listed in Article 4 herein, the entry passengers shall declare to and receive quarantine by governing inspection-quarantine agencies.

Article 13 The inspection-quarantine agencies may conduct inspection over entry-exit passengers' belongings on the sites such as vehicles, special channels, and luggage offices by using x-ray machines, sniffer dogs and other means.

Article 14 Any entry-exit persons shall receive and cooperate in the inspection and quarantine by governing agencies.

Entry foreigners having diplomatic, consular privileges and immunities shall receive quarantine of their belongings by governing agencies; the governing agencies shall conduct inspection in the presence of diplomatic representatives or authorized personnel.

Article 15 As regards the articles listed in Article 4 herein upon their declaration and discovery, the inspection-quarantine agencies shall immediately conduct quarantine on  site.

Article 16 Upon entry with plant seeds, sprouts and other propagating materials, the passengers shall submit to the quarantine agencies relevant approvals letters for quarantine.

As regards other quarantine objects subject to quarantine approval, the entry passengers shall submit the AQSIQ-issued Entry Animals & Plants Quarantine License (hereinafter referred to as the "Quarantine License") and other documents required.

The inspection-quarantine agencies shall conduct onsite quarantine in accordance with requirements and regulations set forth by aforementioned quarantine approvals, quarantine licenses and other documents.

Article 17 Live animals to enter shall limit to one dog or cat (hereinafter as "pets") along with one passenger.

Where entering with a pet, the passenger shall submit a valid quarantine certificate and a valid vaccination certificate issued by official animal quarantine agencies of exporting countries/regions; the pet shall be provided with a chip or other valid certificates of identification.

Article 18 Where entering with any agricultural genetically modified organism, the passenger shall submit the Agricultural Genetically Modified Organism Safety Certificate and the quarantine certificates issued by external exporting authority.

The entry genetically-modified organisms shall bear identifications in accordance with relevant regulations.

The passenger shall also submit the approvals issued by the State Council for agricultural genetically-modified organism identifications.

Article 19 Where carrying special articles, entry-exit passengers shall submit the Approval Of Entry-Exit Special Articles and receive sanitary quarantine thereof.

Article 20 Where carrying corpse and skeletons, the entry-exit passengers shall submit death certificates and other documents required.

The inspection-quarantine agencies may conduct quarantine of the entry-exit corpse and skeletons.

Article 21 where carrying endangered wildlife and their products, the entry-exit passengers shall enter and exit through government-designated ports and shall submit import/export certificates to the inspection-quarantine agencies.

Article 22 The inspection-quarantine agencies shall conduct onsite quarantine based on valid quarantine licenses and documents submitted by the passengers, and may release the passengers and their articles after confirming compliance through the onsite quarantine, where no further quarantine is required.

Where discrepancy is found between the articles and their quarantine licenses or documents, the governing agencies may return the articles or may destroy the articles.

Article 23 Where the articles are under the following circumstances, the inspection-quarantine agencies may detain them:

Subject to laboratory quarantine or isolated quarantine;

Subject to quarantine processing;

Subject to return within a time limit or to disposal/destruction;

Lacking quarantine licenses and other documents required;

To be transferred to other administrations.

The inspection-quarantine agencies shall issue detention proof for the detained articles; and the detention may not last more than seven days.

Article 24 Where declaration is required for exit articles, the exit passengers shall declare to the inspection-quarantine agencies by submitting relevant certificates.

Where requesting exit quarantine, the exit passengers shall apply in writing to the inspection-quarantine agencies and then the agencies may conduct quarantine that is followed by issue of relevant certificates.

Article 25 The inspection-quarantine agencies shall conduct quarantine and supervision over belongings of any entry transiting persons.

Chapter 4 Quarantine Processing

Article 26 Any detained articles shall be deposited or isolated at the places designated by the inspection-quarantine agencies.

Article 27 As regards the articles subject to laboratory or isolated quarantine, where they are confirmed compliant after being quarantined, the passengers shall retrieve them within a time limit by presenting detention proof, and otherwise, the quarantine agencies may treat them as being abandoned; where they fail to pass the quarantine, the quarantine agencies may return or destroy them.

Article 28 Any entry pet shall be isolated for quarantine for thirty days containing any detention period.

Any pet from rabies-stricken region shall be isolated for quarantine for thirty days at the place designated by the quarantine agencies.

Exemption from isolated quarantine may be granted to the pets belonging to working dogs such as guide dogs and sniffer dogs that are accompanied by professional training certificates.

Article 29 Where the passengers enter with excess number of pets or cannot provide for their pets the quarantine and vaccination certificates issued by external exporting authority, the inspection-quarantine agencies may conduct return or destruction regarding the pets.

As regards working dogs without vaccination certificates, the quarantine agencies may vaccinate them against rabies.

As regards return of pets, the passengers shall, within a time limit, exit along with their pets after retrieving their pets by presenting detention proof; and otherwise, the quarantine agencies may treat the pets as being abandoned.

Article 30 As regards absence of quarantine licenses and other documents required, the passengers shall provide those licenses and documents later within the period of articles detention; and otherwise, the inspection-quarantine agencies may conduct return or destruction regarding the detained articles.

Article 31 Where the articles are under any of the following circumstances, the inspection-quarantine agencies shall conduct pest extermination or sanitization over the articles:

Pest and disease damage found in the entry articles;

Sanitary incompliance found in the entry-exit corpse and skeletons;

Originating in epidemic areas, infected with diseases or potential to transmit diseases;

Otherwise subject to pest extermination or sanitization.

Article 32 Where the articles are under any of the following circumstances, the inspection-quarantine agencies shall conduct return within time limit or destruction over the articles:

Under the same conditions as listed by Article 22, Article 27, Article 29 and Article 30 herein;

Banned from entry under other laws and regulations;

Otherwise subject to return or destruction.

Chapter 5 Legal Liabilities

Article 33 Where the articles are under any of the following circumstances, the inspection-quarantine agencies may impose penalty not more than CNY 5,000:

Failure to declare to the governing agencies as required;

Inconsistent with their declaration;

Failure to undertake quarantine approval formalities;

Failure to abide by quarantine approval regulations.

Where the foregoing item (2) misconduct arises, any quarantine certificates already issued shall be revoked.

Article 34 Where any of illegal acts as below arises, the inspection-quarantine agencies may administer caution or impose penalty of CNY 100-5,000:

Refusal to receive quarantine and sanitization;

Counterfeiting quarantine certificates;

Concealment of entry with any articles banned from entry or potential to cause disease transmission;

Loading or unloading articles without permission by the inspection-quarantine agencies;

Failure by carriers to separately process or transport belongings to entry transiting persons.

Article 35 Where corpse or skeletons are moved without prior sanitization by the inspection-quarantine agencies, the agencies may impose penalty of CNY 1,000-10,000.

Article 36 Where any of misconducts as below arises, the inspection-quarantine agencies may impose penalty of CNY 3,000-30,000:

Without prior permission by the inspection-quarantine agencies, unloading or delivering any entry and transit articles;

Without prior permission by the inspection-quarantine agencies, dispatching or disposing any articles detained within designated isolated places;

Without prior permission by the inspection-quarantine agencies, opening or damaging articles' quarantine marks, seals or identifications.

Article 37 In the event of counterfeiting animal/plant quarantine certificates, seals or identifications, the inspection-quarantine agencies shall resort to public security police organs;

Where such misconduct is not subject to criminal penalty, the inspection-quarantine agencies may impose penalty of CNY 20,000-50,000.

Article 38 In the event of entry and exit with any waste or used articles without prior permission and sanitization by the inspection-quarantine agencies, the agencies may impose penalty of CNY 5,000-30,000.

Article 39 In the event of buying and selling original or counterfeited quarantine certificates, seals or identifications, where any illegal gains occur, the inspection-quarantine agencies may impose penalty of not more than 3 times the illegal gains and maximal CNY 30,000; where no illegal gain occurs, the agencies may impose penalty of not more than CNY 10,000.

In the event of buying and selling original or counterfeited sanitization certificates, where any illegal gains occur, the inspection-quarantine agencies may impose penalty of not more than 3 times the illegal gains and maximal CNY 5,000; where no illegal gain occurs, the agencies may impose penalty of CNY 100-5,000.

Article 40 Where any of misconducts as below arises, the inspection-quarantine agencies may impose penalty of not more than CNY 1,000:

Stealing animal/plant quarantine certificates, seals and identifications or using counterfeited copies thereof;

Stealing sanitization certificates or using counterfeited copies thereof;
Using counterfeited copies of quarantine certificates issued by foreign authorities.

Article 41 Where any entry-exit person refuses or hinders legal duties of the inspection-quarantine agencies, the agencies may resort to other governing authorities.

Article 42 Staff with the inspection-quarantine agencies shall act and serve in accordance with laws and regulations, and shall be subjected to legal liabilities as regards their violation and dereliction.

Chapter 6 Supplementary Provisions

Article 43 The separately transported articles herein refer to a passenger's belongings that are transported on consignment into or out of China within six months after the passenger entry or before the passenger exit respectively.

Article 44 As regards any charges collectable, the inspection-quarantine agencies shall collect as regulated.

Article 45 Any crime resulting from violation of these Measures shall be subjected to criminal liability.

Article 46 These Measures shall be construed by the General Administration of Quality Supervision, Inspection & Quarantine (AQSIQ) hereto.

Article 47 These Measures shall come into force as of November 1, 2012 and shall replace their edition issued on November 6, 2003 as AQSIQ Decree No. 56 that is to be repealed on November 1, 2012.

Source: ETCN