Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Administrative Measures on Quarantine of Imported Animal Genetic Materials

Administrative Measures on Quarantine of Imported Animal Genetic Materials

Chapter 1 General Principles

Article 1    These Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on Quarantine of Import and Export of Flora and Fauna and its Implementation Regulations and relevant laws and regulations for the purposes of standardising administration of quarantine and supervision of imported animal genetic materials and protection of production safety of livestock farming industry in China.

Article 2    These Measures shall apply to administration of quarantine and supervision of imported animal genetic materials.

Article 3    Animal genetic materials referred to in these Measures shall refer to the semen, embryos and ova of mammals.

Article 4    The General Administration of Customs shall be responsible for unified administration of inspection and quarantine of imported animal genetic materials nation-wide.

The competent Customs shall be responsible for administration of quarantine and supervision of imported animal genetic materials within their jurisdiction.

Article 5    The General Administration of Customs shall be responsible for administration of risk assessment of imported animal genetic materials. The General Administration of Customs shall conclude and enter into bilateral quarantine agreements (including agreements, conventions, protocols, memorandums, etc) with the relevant government authorities of foreign countries or regions exporting animal genetic materials to China based on the results of risk assessments.

Chapter 2 Quarantine Examination and Approval

Article 6    Quarantine examination and approval formalities shall be completed and the "Flora and Fauna Import Quarantine Permit of the People's Republic of China" (hereinafter referred to as the "Quarantine Permit") shall be obtained prior to importing animal genetic materials into China. The relevant quarantine requirements of China shall be set out explicitly in the commercial contract or other relevant agreement.

Article 7    The following materials shall be submitted to the local inspection and quarantine bureau in the application for the Quarantine Permit for quarantine and approval of animal genetic materials:

(1) the "Application Form for Quarantine Permit for Import of Flora and Fauna into the People's Republic of China"; and

(2) a copy of the agency import contract or agreement entered into between the agent and the cargo owner shall also be submitted by agents importing the materials.

Article 8    The inspection and quarantine bureaux shall complete preliminary inspections within the time limit stipulated by the General Administration of Customs. Approved preliminary inspection results shall be submitted to the General Administration of Customs for verification. The General Administration of Customs shall complete verification within a stipulated time limit and issue a Quarantine Permit to qualified applicants or issue the "Notice of Rejection for Quarantine Permit for Import of Flora and Fauna into the People's Republic of China" to unqualified applicants.

Chapter 3 Entry Quarantine

Article 9    The General Administration of Customs may assign a quarantine officer to the exporting country or region of animal genetic materials to conduct a preliminary inspection of such animal genetic materials at the place of origin in accordance with the quarantine requirements prior to import of such animal genetic materials into China.

Article 10    The General Administration of Customs shall carry out quarantine registration for foreign manufacturers and exporters of animal genetic materials, and assign quarantine officers to conduct assessments of registered foreign manufacturers and exports regularly or on an ad hoc basis.

Article 11    Animal genetic materials shall be imported through the port designated in the Quarantine Permit.

Article 12    The owner of the imported animal genetic materials or the owner's representative shall, prior to entry of animal genetic materials into China, present the trade contract or agreement, invoices and other valid documents to the Customs at the port of entry for inspection and quarantine. On entry, the original quarantine certificate issued by the official quarantine authorities in the exporting country or region for such animal genetic materials shall be presented to the Customs at the port of entry.

Article 13    The Customs at the port of entry may take measures to return or destroy the animal genetic materials based on actual circumstances if such animal genetic materials do not have a valid quarantine certificate issued by the official quarantine authorities of the exporting country or region or where the quarantine examination and approval formalities have not been completed for such animal genetic materials.

Article 14    The quarantine officers shall conduct quarantine onsite at the port of entry of imported animal genetic materials to:

(1) check whether the quarantine certificate conforms with the Quarantine Permit and the requirements of the bilateral quarantine agreement entered into between China and the exporting country or region;

(2) verify whether the cargo corresponds with the certificate; and

(3) inspect the packaging and storage conditions of the cargo.

Article 15    Where the onsite inspection is cleared by the Customs at the port of entry, the animal genetic materials shall be transferred to the site designated in the Quarantine Permit for quarantine.

Article 16    Where it is necessary for the animal genetic materials to be transferred away from the port of entry, the owner of the materials or the owner's representative shall declare to the Customs at the destination.

Article 17    The Customs shall conduct quarantine in accordance with the requirements of the Quarantine Permit. Animal genetic materials which have cleared quarantine shall be placed under quarantine and supervision administration by the Customs in accordance with laws. Animal genetic materials which do not pass quarantine shall be returned or destroyed under Customs supervision.

Chapter 4 Quarantine Supervision

Article 18    The Customs shall implement administration of quarantine supervision for processing, storage and usage (hereinafter referred to collectively as the "usage") of imported animal genetic materials. First generation offspring from the animal genetic materials shall be filed for records.

Article 19    Users of imported animal genetic materials shall file records with the direct-reporting Customs at the locality.

Article 20    Users of imported animal genetic materials shall complete the "Form for Record of Users of Imported Animal Genetic Materials" and provide the following explanatory materials:

(1) photocopy of the legal person certificate of the user;

(2) information on professional personnel familiar with the technology for storage, transport and usage of animal genetic materials; and

(3) designated storage premises and other necessary facilities for imported animal genetic materials.

Article 21    The direct-reporting Customs shall submit records of users of imported animal genetic materials to the General Administration of Customs.

Article 22    Users of imported animal genetic materials shall establish a management system for use of imported animal genetic materials, complete the "Quarantine Supervision Form for Imported Animal Genetic Materials". The Quarantine Supervision Form for Imported Animal Genetic Materials shall be filed with the Customs for records upon completion of usage of each batch of imported animal genetic materials.

Article 23    The Customs shall monitor the physical conditions of the offspring of imported animal genetic materials based on the requirements and the relevant units shall render cooperation.

Chapter 5 Supplementary Provisions

Article 24    The Customs shall impose penalties on units or persons in violation of the provisions of these Measures in accordance with the provisions of relevant laws and regulations.

Article 25    The documents stipulated in these Measures shall be separately formulated and promulgated by the General Administration of Customs.

Article 26    The General Administration of Customs shall be responsible for interpretation of these Measures.

Article 27    These Measures shall be implemented with effect from 1 July 2003.