Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Administrative Measures on Quarantine Approval for Inbound Animals and Plants

Administrative Measures on Quarantine Approval for Inbound Animals and Plants

Chapter 1 General Principles

Article 1    These Measures are formulated pursuant to the relevant provisions of the Law of the People's Republic of China on Quarantine for Inbound Plants and Animals (hereinafter referred to as the "Quarantine Law") and its Implementation Regulations, for the purposes of strengthening administration of approval and quarantine for inbound animals and plants, preventing contagious diseases among animals, parasitosis, plant diseases, insect pests and any other harmful organisms from spreading into China.

Article 2    These Measures are applicable to approval and quarantine for inbound animals (including animals in transit) and products derived from animals and plants which require permits pursuant to the Quarantine Law and its implementation regulations and other relevant State provisions, as well as prohibited items which require special permits.

The General Administration of Customs shall formulate, revise and promulgate the list of animals and plants and derivative products which are required for approval and quarantine, in accordance with relevant laws and regulations and the list of prohibited items issued by relevant State Council departments.

Article 3    The General Administration of Customs shall standardise administration of approval and quarantine for inbound animals and plants as specified in these Measures. The General Administration of Customs or other approval authorities authorised by the General Administration of Customs (hereinafter collectively referred to as the "Approval Authorities") shall issue a "PRC Quarantine Permit for Inbound Animals and Plants" (hereinafter referred to as the "Quarantine Permit") or a "Notice of Rejected Application for PRC Quarantine Permit for Inbound Animals and Plants" (hereinafter referred to as the "Notice of Rejected Application").

All direct-reporting Customs (hereinafter referred to as the "Preliminary Examination Authorities") shall be responsible for preliminary examination of approval and quarantine for inbound animals and plants within their jurisdiction.

Chapter 2 Application

Article 4    Units applying for quarantine (hereafter referred to as "Applicants") shall be a unit which has the status of an independent legal person and can enter into trade contracts or agreements with a foreign party.

Applicants applying for quarantine for animals in transit shall be a unit or its agent which has the status of an independent legal person and can enter into trade contracts or agreements with a foreign party.

Article 5    Applicants shall apply and obtain a Quarantine Permit with the Approval Authorities prior to entering into a trade contract or agreement.

Applicants shall apply and obtain a Quarantine Permit from the General Administration of Customs prior to transport of animals in transit.

Article 6    Applicants shall complete truthfully and submit the "Application Form for PRC Quarantine Permit for Inbound Animals and Plants" (hereinafter referred to as the "Application Form for Quarantine Permit") in accordance with the provisions; the Preliminary Examination Authorities at the port of entry shall conduct preliminary examination where necessary; where necessary, goods not processed or consumed within the jurisdiction of the Preliminary Examination Authorities at the port of entry may require a preliminary examination by the Preliminary Examination Authorities at the place where such goods will be consumed.

Applicants shall provide the following information to the Preliminary Examination Authorities:

(1) certification of the legal person status of the Applicant (photocopy);

(2) fill up the "Application Form for Temporary Quarantine Station for Inbound Animals" where such inbound animals are required to be temporarily isolated for quarantine purposes;

(3) where the inbound animal meat, organs, furs (feathers), raw skin, bones, horns, hooves, silkworm cocoons and aquatic products are manufactured, processed or stored by designated enterprises announced by the General Administration of Customs, the Applicant shall provide the contracts for manufacturing, processing and storage which have been entered into with designated enterprises;

(4) for animals in transit, the transit itinerary shall be provided, and the animal hygiene certificate (photocopy) issued by the official quarantine department of the exporting country or region and the certification authorising entry of such animals issued by the official quarantine department of the importing country or region shall be provided; and

(5) for import of items prohibited from entry listed in the first paragraph of Article 5 of the Quarantine Law for scientific research purpose and other special needs, a written application stating the quantities, usage, mode of entry, quarantine measures upon entry, project report of scientific research and related proof of approval from the relevant competent authority shall be provided.

Chapter 3 Examination and Approval

Article 7    The preliminary examination conducted by the Preliminary Examination Authorities for an application for quarantine approval shall include the following contents:

(1) whether the information submitted by the Applicant is complete and complies with the provisions of Article 4 and Article 6 of these Measures;

(2) whether there is an epidemic relating to such animals and plants in the exporting country or region or the countries or regions where such animals and plants were in transit;

(3) whether the application complies with relevant China laws, regulations and ministry rules on quarantine for animals and plants;

(4) whether the application complies with bilateral quarantine agreements (including treaties, protocols and memoranda etc) between China and the exporting country or region;

(5) whether the conditions for transportation, manufacturing, processing, storage and treatment of animals and plants and derivative products comply with quarantine and control requirements, the import quantities shall be verified in accordance with the processing capacity of such manufacturing and processing enterprises; and

(6) the status of usage and write-off for products derived from animals and plants which may be written off in accordance with relevant regulations shall be examined in accordance with the Quarantine Permit.

Article 8    The Preliminary Examination Authorities shall issue a preliminary opinion for applications which pass the preliminary examination. At the same time, the Preliminary Examination Authorities shall issue a "Permit for Temporary Quarantine Station for Inbound Animals" for animal temporary isolation and quarantine site which pass the examination. For products derived from animals and plants which require quarantine control, where necessary, an examination report shall be issued to the unit which manufactures, processes or stores such products. The Preliminary Examination Authorities shall submit all information to the General Administration of Customs for examination and approval.

Where an application does not pass the preliminary examination, the application materials shall be returned to the Applicant.

Article 9    The same Applicant can apply for one Quarantine Permit at any one time for a same type of item or same exporting country or region or same unit which processes and consumes such item.

Article 10    The General Administration of Customs or the Preliminary Examination Authorities may, when they deem necessary, organise the relevant experts to conduct a risk analysis on the inbound product; Applicants shall be obligated to provide relevant documents and samples for such inspection.

Article 11    The General Administration of Customs shall issue the Quarantine Permit or the Notice of Rejected Application based on the examination results within 20 working days from receipt of application submitted by the Preliminary Examination Authorities. Where it is unable to make a licensing decision within 20 days, upon approval by the person-in-charge of the General Administration of Customs, an extension of 10 days may be granted, and the Applicant shall be notified of the reason for extension.

Chapter 4 Administration and Usage of Licenses

Article 12    The General Administration of Customs shall standardise printing and issue of the Application Form for Quarantine Permit, the Quarantine Permit and the Notice of Rejected Application.

The General Administration of Customs shall standardise serial numbers for issue of Quarantine Permits.

Article 13    Quarantine Permits shall be valid for a period of 3 months or "one-off". Except for Quarantine Permits granted for live animals, the validity of Quarantine Permits shall not cross over to the next calendar year.

Article 14    For inbound animals and plants which may be written off in accordance with regulations, where they are imported in batches within quota granted and use the Quarantine Permit for multiple inspections, the inspection and quarantine authority at the port of entry shall register write-offs on the Write-off Record attached to the Quarantine Permit.

Article 15    The Applicant shall submit a new application for Quarantine Permit under any of the following circumstances:

(1) where there is a change of  more than 5% of the types or approved quantities of inbound quarantine items;

(2) where there is a change in the exporting country or region; or

(3) where there is a change in the port of entry, place of destination or the transportation route.

Article 16    Under any of the following circumstances, the Quarantine Permit shall become expired, void or be terminated:

(1) where the Quarantine Permit has expired and is not renewed, the General Administration of Customs shall process cancellation pursuant to the law;

(2) where the quota granted for multiple imports and quarantine declaration is fully utilised and written off within the scope of the Permit, the General Administration of Customs shall process cancellation pursuant to the law;

(3) After the State releases an announcement or ban notice pursuant to the law for the relevant inbound items subject to quarantine, the General Administration of Customs may revoke the issued Quarantine Permit pursuant to the law; or

(4) where the Applicant has violated the relevant provisions on quarantine approval, the General Administration of Customs may revoke the issued Quarantine Permit pursuant to the law.

Article 17    Applicants shall not sell or transfer the Quarantine Permits. Port inspection and quarantine departments shall examine if the Applicant is the consignee indicated on the inspection and quarantine certificate and a party to the trade contract; where there is any inconsistency, such declaration shall not be processed.

Chapter 5 Supplementary Provisions

Article 18    Applicants who have violated the provisions of these Measures shall be punished by the Customs pursuant to the provisions of the relevant laws and regulations.

Article 19    The General Administration of Customs may authorise the direct-reporting Customs to conduct examination and approval for applications for quarantine approval for inbound animals and plants within their jurisdiction, and to issue a Quarantine Permit or a Notice of Rejected Application.

Article 20    The Customs and its officers shall uphold the principle of honesty, fairness and transparency, comply with laws and regulations in the examination and approval of quarantine for inbound animals and plants, perform their duties conscientiously and be ready to accept public scrutiny.

Customs officers guilty of violating the provisions of relevant laws and regulations and these Measures, abusing official powers, corruption and deliberately making things difficult shall be investigated and punished by their unit or the higher-level authorities pursuant to the provisions.

Article 21    The General Administration of Customs shall be responsible for interpretation of these Measures.

Article 22    These Measures shall be implemented with effect from 1 September 2002.