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Exit Aquatic Animal Inspection And Quarantine Supervision And Administration

Original Language Title: 出境水生动物检验检疫监督管理办法

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(August 27, 2007 the State General Administration of quality supervision, inspection and quarantine announced 99th come into force October 1, 2007) Chapter I General provisions article in order to standardize exit inspection and quarantine of aquatic animals, improve the quality of exit aquatic animal health and safety, in accordance with the People's Republic of China entry and exit animal and plant quarantine Act and its implementing regulations, the People's Republic of China import and export commodity inspection Act and its regulations, the People's Republic of China Law on food hygiene, the
    People's Republic of China agricultural products quality safety law, the State Council on strengthening food and other product safety supervision and management of special regulations and other laws and regulations, these measures are formulated. Second way applies to farmed and wild-caught and exit inspection and quarantine of aquatic animals, and supervision and management.
    Exit aquatic animal breeding, fishing, transit, packaging, transportation, trading shall comply with these measures.
    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) competent national exit inspection and quarantine of aquatic animals and supervision and management.
    State quality watchdog based in local entry-exit inspection and quarantine agencies (hereinafter referred to as the inspection and quarantine agencies) responsible for the area and exit inspection and quarantine of aquatic animals and supervision and administration.
    Fourth AQSIQ to exit aquatic animal farms, the implementation transitions registration system.
    Second chapter registered registration first section registered registration conditions fifth article exit aquatic animal farms, and in the transitions application registered registration should meet following conditions: (a) around and field within health environment good, no industrial, and life garbage, sources and aquatic products processing factory, field layout reasonable, partition science, has clear of identifies; (ii) farming water meet national fisheries water standard, has Government competent sector or test quarantine institutions issued of effective water monitoring or detection report; (Three) has meet test quarantine requirements of farming, and packaging, and epidemic prevention, and feed and drug store, facilities, and equipment and material; (four) has meet test quarantine requirements of farming, and packaging, and epidemic prevention, and feed and drug store and the using, and waste and wastewater processing, and personnel management, and introduced aquatic animal, special management system; (five) equipped with has farming, and epidemic prevention aspects of professional technicians, has practitioners training plans, practitioners holds health proved; (six) in the transitions of field area, and
    Transit capacity should be commensurate with the export volume.
    Sixth article exit edible aquatic animal non-open waters farms, and in the transitions application registered registration except meet this approach fifth article provides of conditions outside, also should meet following conditions: (a) has and external environment isolation or limit has nothing to do personnel and animal free access of facilities, as isolation wall, and network, and fence,; (ii) farms farming water should has must scale, General cement pool farming area not less than 20 acres, soil pool farming area not less than 100 acres;
    (C) has an independent introduction of aquatic animals in farms to isolate pool; the ponds has an independent water inlet and drainage channels; farm water intake and drainage channel separation.
    Article seventh exit open waters of edible aquatic animal farms, transitions in application for registration, except in accordance with the conditions provided for in article fifth, shall comply with the following conditions: (a) breeding, transferring, packing areas not required aquatic animal diseases; (b) farm aquaculture area of not less than 500 acres, cage cages are generally not less than 20. Eighth article exit ornamental with and species water health animal farms, and in the transitions application registered registration except meet this approach fifth article provides of conditions outside, also should meet following conditions: (a) field is located in aquatic animal blight of non-area, past 2 years within no occurred international animal who (OIE) provides should informed and Ministry of agriculture provides should reported of aquatic animal disease; (ii) farms has independent of introduced aquatic animal of isolation pool and aquatic animal export Qian of isolation farming pool, Each pond has an independent water inlet and drainage channel. Farms of water and drainage channel is divided into; (three) has and external environment isolation or limit has nothing to do personnel and animal free access of facilities, as isolation wall, and network, and fence,; (four) farms area cement pool farming area not less than 20 acres, soil pool farming area not less than 100 acres; (five) export freshwater aquatic animal of packaging water must meet drinking water standard; export seawater aquatic animal of packaging water must clean, and transparent and by effective disinfection processing; (six) farms has zifanziyang capacity,
    And there are commensurate with the size of the water animals and (g) shall not be cultured edible aquatic animals.
    Second section registered registration application Nineth article exit aquatic animal farms, and in the transitions should to location directly under the test quarantine Council application registered registration, and submitted following material (a type 3 copies): (a) registered registration application table; (ii) business license (copies); (three) farming license or waters using card (does not apply for transit field); (four) field plane schematic and the color photos (including field panorama, and field door, and farming pool and number, and drug library, and feed library, and packaging places,);
    (Five) aquatic animal epidemic and outbreak report system; (six) from field outside introduced aquatic animal of management system; (seven) farming, and drug using, and feed using, and packaging material management system; (eight) by test quarantine institutions confirmed of water detection report; (nine) professionals qualification proved; (10) waste, and wastewater processing program; (11) imports national or area on aquatic animal disease has clear detection requirements of, needed provides about detection report.
    Tenth article directly under the test quarantine Council should on application material timely for review, according to following situation in 5th within made accepted or not accepted decided, and written notification applicants: (a) application material exists can spot corrections of errors of, allows application people spot corrections; (ii) application material not complete or not meet statutory form of, should spot or in 5th within a times written told applicants need correction of all content, late not told of, since received application material of day up that for accepted;
    (C) the application materials are complete and comply with the statutory format or correction all application materials submitted as requested by the applicant, shall accept the application.
    Article 11th each registered farm or transit packaging uses a registration number.
    The different locations of the same company all farms or transit shall apply for registration.
    Section III registration review and the 12th, the inspection and Quarantine Bureau shall, after acceptance of the application review team of 5th, farms or of the application for registration, transfer on-site review.
    13th review group should be completed after the on-site review 5 the inspection and Quarantine Bureau within presentation of an evaluation report.
    14th article directly under the test quarantine Council received review report Hou, should in 10th within respectively made following decided: (a) by review qualified of, be registered registration, issued exit aquatic animal farms/transit field test quarantine registered registration card (following referred to registered registration card), and reported national quality General; (ii) by review not qualified of, issued exit aquatic animal farms/transit field test quarantine registered registration not was approved notice. 15th requirements of importing countries or regions have registered, after passing the inspection and quarantine administrations under review, reported that the State General Administration of quality supervision, by the State administration of quality supervision to importing countries or regional government authorities recommend and go through the relevant formalities.
    Authorities of the importing country or region Government confirmation, registration to take effect.
    Article 16th entry into force from the date of issue of the registration certificate, valid for 5 years.
    Registered farms or transit registration number concert special.
    Fourth section registered registration change and continued 17th article exit aquatic animal farms, and in the transitions change enterprise name, and statutory representative people, and farming varieties, and farming capacity, of, should in 30th within to location directly under the test quarantine Council proposed written application, fill in exit aquatic animal farms/transit packaging field test quarantine registered registration application table, and submitted and change content related of information (a type 3 copies).
    Aquaculture species or aquaculture capacity of change, organized by the inspection and quarantine administrations under review relevant information and site assessment, after passing the review, go through the change procedures.
    Farms or relocation of the interchange should be back to the inspection and quarantine agency to apply for registration.
    For production, production, business failures and other reasons is no longer engaged in exit aquatic animals registered farms, transit, it should be to the local inspection and quarantine authorities for cancellation procedures.
    18th were registered exit aquatic animal farms, transit packaging needs continued validity of registration, shall, on the expiry of 30th according to apply these measures.
    19th inspection and Quarantine Bureau shall complete registration, change or cancellation in the 30th after the work, information reported to the State administration of quality supervision for the record within the jurisdiction.
    20th chapter III inspection and quarantine inspection and quarantine institutions exit inspection and quarantine of aquatic animals according to the following basis: (a) the provisions of Chinese laws and regulations, inspection and quarantine requirements, mandatory standards, (ii) bilateral memorandum of agreements, protocols, inspection and quarantine, (iii) the inspection and quarantine requirements of the importing country or region (iv) trade for the inspection and quarantine requirements stated in the contract or letter of credit.
    21st article exit wild fishing Aquatic animal of owner or its agent should in aquatic animal exit 3 days Qian to exit port test quarantine institutions reported check, and provides following information: (a) location County above fisheries competent sector issued of fishing ship registration card and fishing license; (ii) fishing fishing and export enterprise of supply agreement (containing fishing vessels head signed); (three) test quarantine institutions provides of other material. Imported from countries or regions have specific requirements for fishing waters, inspection should be affirmed when fishing waters.

    22nd exit farmed aquatic animals of the owner or his agent shall be in 7 days prior to the registration of aquatic animals and exit farms, transitions in location inspection and quarantine inspection, inspection should be provided with the registration certificate (copy) documents, and submit related materials in accordance with inspection and quarantine inspection.
    Cannot provide the certificate of registration, inspection and quarantine institutions not to accept inspection.
    Article 23rd after removal of fishing outside the direct export of wild aquatic animals, exit or transit of aquatic animals must come from registered farms.
    Exit to transitions in the registered farms, should ensure the imported aquatic animals in accordance with State or regional standards or contract requirements and issue the exit of aquatic animal proof of product.
    Transitions by issued by the registered farms of the exit aquatic animals receiving the proof of product of aquatic animals.
    24th place after the inspection and quarantine agencies to accept the inspection shall examine the registered farm or transfer issued by the exit of aquatic animal proof of product, according to the disease and toxic substances monitoring results, daily supervision records, enterprise management, and so on, on the exit of breeding aquatic animal inspection and quarantine.
    25th clause of inspection and quarantine, inspection and quarantine institutions of containers or transport enforcement-inspection and quarantine seals, issued by the export Exchange certificate voucher or the exit of customs clearance of goods, and in accordance with the requirements of importing countries or regions of the animal health certificate issued by.
    Inspection and quarantine institutions according to category management imposed on exports of aquatic animals is not loading on a regular basis.
    Article 26th exit aquatic animals with water, ice, paving the way and packing materials, containers, transportation vehicles and equipment shall comply with the relevant national regulations, standards and the requirements of importing countries or regions. 27th exit farmed aquatic animals packages or containers shall be marked on the export business name, registered farms and transferring the name and registration number, leave name, number of aquatic animals (heavy) weight, size and so on.
    Aquatic animals from different registered farms should be packed separately. 28th article by test quarantine qualified of exit aquatic animal, not replaced original packaging offsite export of, by departure port test quarantine institutions site identification, goods card match, and seal General intact of granted release; needed in departure port for water, and rocks, and filling oxygen, and received connection replaced transport tool of, should in departure port test quarantine institutions supervision Xia, in test quarantine institutions specified of places for, and in added Shi seal General Hou granted release; exit aquatic animal transport way needed for water, and rocks, and filling oxygen of,
    Shall be designated by the inspection and quarantine authorities in place.
    Article 29th of origin inspection and quarantine agencies shall promptly communicate with the inspection and quarantine agencies exit aquatic animal information, identified during the inspection and quarantine diseases or other health and safety issues, and shall take appropriate measures and report to AQSIQ.
    Supervision and administration of the fourth chapter 30th on the area of inspection and quarantine institutions obtain registration exit aquatic animal farms daily supervision, transit management and annual review system.
    31st AQSIQ is responsible for formulating exit aquatic animal diseases and toxic substances monitoring programme.
    The inspection and Quarantine Bureau under the monitoring plan implementation programme, reporting annual monitoring reports.
    Achieved registration of exit aquatic animal farms, transitions should be built in self-test automatic control systems, and safety and health is responsible for the quality of its exports of aquatic animals.
    32nd article made registered registration of exit aquatic animal farms, and in the transitions should established perfect of farming production and transit packaging records archives, truthfully fill in exit aquatic animal farms/transit field test quarantine regulatory manual, detailed records production process in the water monitoring, and aquatic animal of introduced, and blight occurred, and drug and feed of procurement and the using situation, and each batch aquatic animal of voted seedlings, and turned pool/Tang, and cage shunt, and medication, and materials, and appearances, situation, and archive reference. Article 33rd farming, fishing equipment should be disinfected on a regular basis.
    Container carrying aquatic animals, water, means of transport, should be kept clean, and conform to the requirements for animal epidemic prevention.
    Article 34th registered exit aquatic animal farm drug management, transitions should be in compliance with the relevant national provisions, shall be marked, using banned drugs and importing country or region; to allow the use of drugs, comply with the provisions of drug use and drug withdrawal periods.
    During the transit, packaging, transportation, edible aquatic animals may be feeding and medication, the disinfectants used shall comply with the relevant provisions of the State.
    35th exit edible aquatic animals forage feed shall comply with the following provisions: (a) the AQSIQ the exit of edible forage feed inspection and quarantine management of animal, (ii) the requirements of importing countries or regions, (iii) other relevant provisions.
    Live bait-not aquatic animals from infected areas or polluted waters, and subject to quarantine inspection and quarantine institutions recognized methods shall not contain China and the importing country or region where government regulations prohibit the use of drugs.
    Watch and species of aquatic animals prohibited feeding the same aquatic animal (eggs and larvae) live bait.
    Article 36th registered exit aquatic animal farms introduction of aquatic animal safety evaluation system should be established.
    Seat of the imported aquatic animals shall obtain approval of the inspection and quarantine authority.
    Introduction of aquatic animal shall be isolated breeding for more than 30 days, according to the safety evaluation results, to detect diseases or residues of banned drugs, by inspection and quarantine before they can put in normal production.
    Edible aquatic animals imported, in the registered farms time required to achieve the growth cycle of aquatic animals one-third and not less than 2 months, before they can be exported.
    Transit packaging for exit aquatic animals is generally not more than 3 days.
    Article 37th registered exit aquatic animal farms, transitions occur in international organisation for animal health (OIE) requires notification or requires the Ministry of agriculture reported significant aquatic animal epidemic, should start immediately to relevant emergency plans, take emergency control and prevention measures and reporting in accordance with regulations.
    38th article test quarantine institutions on area within registered registration of farms and transit field implementation daily supervision management of content including: (a) sanitation; (ii) blight control; (three) toxic harmful material since check control; (four) introduction species, and voted seedlings, and breeding, and production farming; (five) feed, and bait using and the management; (six) drug using and the management; (seven) to, and drainage system and the water; (eight) onset aquatic animal isolation processing; (nine) death aquatic animal and the waste harmless of processing;
    (J) the packaging, bedding materials, production equipment, means of transport, transport of water or ice safety and sanitation (11) the export registration of aquatic animal inspection and quarantine supervision on farms/interim field manual record.
    39th annual inspection and quarantine institutions within their respective jurisdictions registered farms and transit implementation years, years on the registration certificate of qualification raising year qualification records. 40th inspection and quarantine agency shall register farm, relays, fishing, transportation, and trade enterprises to establish credibility files.
    According to last year's epidemic diseases and toxic substances monitoring, daily monitoring, annual audit and inspection and quarantine, establish a good record companies and record companies list, classification management of enterprises.
    41st article engaged in exit aquatic animal fishing, and transit, and packaging, and farming, and transport and trade of enterprise has following case one of of, test quarantine institutions can requirements its deadline rectification, necessary Shi can suspended accepted reported check: (a) exit aquatic animal was both at home and abroad test quarantine institutions check out blight, and toxic harmful material or other security health quality problem of; (ii) without test quarantine institutions agreed unauthorized introduced aquatic animal or introduced species water health animal not according to provides term implementation isolation farming of;
    (C) is not in accordance with these regulations for the registration or amendment of registration cancellation procedures; (d) nonconforming items found in the annual review.
    42nd article registered registration farms, and transit field has following case one of of, test quarantine institutions should cancellation its related registered registration: (a) registered registration validity expires, not according to provides handle continued procedures of; (ii) enterprise law terminated or for discontinued, and production, and failed, reasons no longer engaged in exit aquatic animal business of; (three) registered registration law was revoked, and withdrawn or registered registration card was law revoked of; (four) years trial not qualified and in deadline within rectification not qualified of;
    (E) no aquatic animals out of the country within a year and (vi) registration matters cannot be implemented due to force majeure, (VII) inspection and quarantine laws, regulations on cancellation of registration should be in other circumstances.
    Fifth chapter legal responsibility 43rd article engaged in exit aquatic animal fishing, and farming, and transit, and packaging, and transport and trade of enterprise has following case one of of, by test quarantine institutions at 30,000 yuan following fine, plot serious of, revoked its registered registration certificate: (a) occurred should reported of outbreak hide not reported of; (ii) in test quarantine institutions specified of places zhiwai for water, and filling oxygen, and rocks, and change packaging or received connection replaced transport tool of; (three) human damaged test quarantine seal General of;
    (Iv) store or importing country or region to prohibit the use of drugs in China (v) refused to accept the supervision and administration of inspection and quarantine institutions.
    44th exit routes of aquatic animals, fished, farmed, transit, packing, transport and trading companies have one of the following, by the inspection and quarantine agencies in accordance with the State Council on strengthening food safety supervision and administration of special regulations will be punished. (A) non-aquatic animals in registered farms to imitate aquatic animals in registered farms and (ii) farmed aquatic animals to imitate wild aquatic animals, and (iii) provide proof of product, using a false exit aquatic animals;

    (D) unlawful use of feed, food, medicines, water for farming and other agricultural inputs, and (e) other escape inspection and quarantine or falsifications.
    Article 45th inspection and quarantine institutions who abuses his power, intentionally, favoritism and falsification of test results, or neglect, delay test certificate shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 46th this way is the meaning of the following terms: aquatic animals: live fish, molluscs, crustaceans and other invertebrates living in the water, including their reproduction using sperm, eggs, zygotes.
    Farms: hatchery, nursery and breeding place for aquatic animals.
    Transitions: for aquatic animals before attempting a short and intensive, storage, sorting, processing, packaging, and other uses of the site.
    47th exit tortoises, turtles, snakes, frogs, crocodiles and other amphibians and reptiles, inspection and quarantine, and supervision and administration in accordance with the measures implemented.
    48th article of the approach by the AQSIQ to interpret. 49th article of the rules take effect on October 1, 2007.
                                    Former State administration of entry-exit inspection and Quarantine Inspection Bureau released on November 24, 1999, the exports ornamental fish inspection regulations, the AQSIQ released December 4, 2001, the supply of edible aquatic animal inspection and quarantine measures for the administration of Hong Kong and Macao since the effective date of revocation.