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Administrative Measures For The Inspection And Quarantine Of Entry And Exit Of Gm Products

Original Language Title: 进出境转基因产品检验检疫管理办法

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(May 24, 2004 national quality supervision test quarantine General makes 62nd, announced since announced of day up purposes) first chapter General first article for strengthening inbound and outbound GM products test quarantine management, guarantees human health and flora and fauna, and microbial security, protection ecological environment, according to People's Republic of China import and export commodity test method, and People's Republic of China food health method, and People's Republic of China inbound and outbound flora and fauna quarantine method and implementation Ordinance, and agricultural GM biological Security Management Ordinance
    The provisions of laws and regulations, these measures are formulated.
    Adoption of this regulation is applicable to the article in various ways (including trade, processing, mailing, carrying, production, propagation, research, Exchange, exhibition, assistance, gifts and other) entry and exit inspection and quarantine of the genetically modified products.
    Article this way, the term "genetically modified products" refers to the provisions of the regulations on administration of agricultural genetically modified organism safety of agricultural genetically modified organisms and other legal regulations of genetically modified organisms and products.
    Fourth the State General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) is responsible for the management of the country's entry and exit inspection and quarantine of the genetically modified products, the State quality watchdog based in local entry-exit inspection and quarantine authorities (hereinafter referred to as the inspection and quarantine agencies) responsible for the supervision and administration of entry and exit inspection and quarantine of the genetically modified products. Article fifth AQSIQ on cross border transfers of agricultural transgenic products through a licensing system.
    Other transit movements of GMOs, otherwise provided in accordance with the relevant provisions of the State.
    Chapter II, article sixth entry inspection and quarantine AQSIQ imported genetically-modified animals and plants and their products, micro-organisms and their products and foods implemented reporting system. Article seventh the owner or his agent at the time of entry and inspection procedures shall be in the form of entry of goods that the goods indicated in the name column for GM products.
    Reported to GM products, except as provided relevant documents, but should also provide the legal regulation of agricultural genetically modified organism safety certificate issued by the competent authorities (or the related approval documents, hereinafter document) and the identification of genetically modified organisms in agriculture has examined and approved documents.
    Article eighth for implementing identity management of imported GM products, the inspection and quarantine agency shall verify identity, in line with the identification of genetically modified organisms in agriculture has examined and approved documents, allowed to enter; according to the provisions identified and new identity before they can enter the country; not identified, may not be imported. Nineth article on included implementation identifies management of agricultural GM biological directory (State agricultural administrative competent sector developed and announced) of entry GM products, as declared is GM of, test quarantine institutions should implementation GM project of meet sex detection, as declared is GM of, test quarantine institutions should for GM project checks detection; on implementation identifies management of agricultural GM biological directory yiwai of entry flora and fauna and products, and microbial and products and food,
    Inspection and quarantine authorities can be implemented depending on the situation of GM project random testing.
    Inspection and quarantine organizations according to nationally recognized testing methods and standards for genetically modified items. Article tenth qualified detected by GM, allowed to enter.
    If you have one of the following conditions, the inspection and quarantine agencies inform the owner or his agent returned or destroyed: (a) is reported to GM products, but after testing its genetically modified component not in accordance with approval documents; (b) declared as non-GM products, but after testing it contains genetically modified ingredients. 11th genetically modified products imported for exhibition purposes, subject to laws and regulations related to approval documents issued by the competent authorities of the rear entry, shall be subject to the supervision of inspection and quarantine institutions during the exhibition. After the end of the exhibition, all genetically modified products must be returned or destroyed.
    If for special reasons, need to change, go through the entry inspection and quarantine procedures shall be in accordance with the relevant provisions.
    Third chapter transit test quarantine 12th article transit of GM products, owner or its agent should prior to national quality General proposed transit license application, and submitted following information: (a) fill in GM products transit transfer license application table; (ii) output national or area about sector issued of country (border) outside has for corresponding of research proved file or has allows as corresponding uses and put market of proved file; (three) GM products of uses description and intends take of security prevention measures;
    (Iv) other relevant information.
    13th AQSIQ reply within 270 days from the date of receipt of the application, to meet the requirements, issue the transit movements of genetically modified products license and notify the port of entry inspection and quarantine institutions does not meet the requirements, issued no transit transfer license (see annex), together with the reasons. Article 14th transgenic products in transit time of entry, the owner or his agent shall be provided for a single card and transferred the license to the port of entry inspection and quarantine authorities of transit declarations, examination through inspection and quarantine institutions, transit and exit port inspection and quarantine institutions supervise their departure.
    On changing the original packaging and alter transit routes of transit of genetically modified products should be in accordance with the provisions of the transit formalities.
    Fourth chapter 15th exit inspection and quarantine on the exit of products need to be genetically modified test or proof of non-genetically modified, the owner or his agent shall submit an application in advance to the local inspection and quarantine authorities, and official release of genetically modified products from entering the importing country or region required.
    16th article test quarantine institutions accepted application Hou, according to legal regulations provides of competent sector released of approved GM technology application Yu commercial production of information, by provides sampling sent GM detection laboratory for GM project detection, according to issued of detection report, confirmed for GM products and meet entered national or area GM products entry requirements of, issued related test quarantine single card; confirmed for non-GM products of, issued non-GM products proved.
    Taken by the fifth chapter supplementary articles article 17th to genetically modified products in addition to the implementation of GM item detection and monitoring, and other items of inspection and quarantine in accordance with laws and regulations and the relevant provisions of the State administration of quality supervision.
    Article 18th GM test lab must be proficiency testing through the national certification and accreditation administration departments.
    Article 19th for violations of these rules, shall be punished in accordance with relevant laws and regulations.
    20th article of the approach by the AQSIQ to interpret. 21st article this way come into force on the date of promulgation.