Beijing Agriculture Phytosanitary Measures

Original Language Title: 北京市农业植物检疫办法

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Beijing agriculture phytosanitary measures

    (April 11, 2013, the Beijing Municipal People's Government, the 6th Executive meeting April 26, 2013, the Beijing Municipal People's Government announced order No. 246, come into force on July 1, 2013) first to prevent hazard risk of agricultural plant diseases, pests or weeds spread to protect agricultural production, ecological safety and health, in accordance with the phytosanitary regulations, combined with the municipality, these measures are formulated.

    Second plant quarantine within the administrative area of the city and its supervisory activities in the application of phytosanitary regulations and these rules.

    Third municipal, district and county governments should strengthen the leadership of agricultural plant quarantine work, establishing and perfecting the agricultural plant quarantine teams, strengthening infrastructure construction of agricultural plant quarantine, plant monitoring, investigation, control and extermination and regulatory requirements into the budget at the same level.

    Township people's Governments and subdistrict offices should assist in this area in plant disease control and eradication work.

    Fourth municipal, district and county administrative departments of agriculture agricultural plant quarantine work within their respective administrative regions; city and district and county administrative departments of agricultural plant quarantine agency specific agricultural plant quarantine work.

    Landscaping, administration for industry and commerce, transport, postal services and other relevant departments and entry-exit inspection and quarantine institutions, within their respective areas of responsibility of agricultural plant quarantine work.

    Agricultural administration and landscape administration and entry-exit inspection and quarantine institutions to establish and improve communication and consultation mechanism, Exchange on a regular basis, information about plant disease, strengthening collaboration and cooperation in plant quarantine.

    Fifth of municipal and district and county administrative departments of agriculture and agricultural knowledge institutions should strengthen agricultural plant quarantine of plant quarantine to publicize and popularize, improve risk awareness and ability of agricultural plants.

    Sixth agricultural plant quarantine agency shall be equipped with a certain number of full-time agricultural plant quarantine officer, setting up quarantine laboratory and the necessary isolation plant sites, equipped with appropriate agricultural plant quarantine equipment and treatment facilities, organize advanced agricultural research and extension of plant quarantine.

    In accordance with the needs, agricultural plant quarantine organs in accordance with the provisions of employment of part-time inspectors to assist agricultural plant quarantine work.

    Seventh agricultural plant quarantine agency shall, in accordance with article released by the departments of agriculture administration under the State Council of agricultural plant quarantine pests list and should be imposed on quarantine of plants and plant products list and announce the list of supplementary quarantine in the city.

    Supplement list in this city by the municipal agricultural Administration Department, reported that departments of agriculture administration under the State Council for the record.

    Eighth section for breeding in this city, used for testing, demonstration and extension of crop seeds, seedlings and other propagating material, reproduction units or individuals should be the breeding base is located, County agricultural plant quarantine agencies to apply for quarantine; quarantine inspection, issuing quarantine certificates of origin.

    By origin quarantine certificate, crop seeds, seedlings and other propagating material distribution in the administrative area of the city.

    The Nineth under any of the following circumstances, transferred to units or individuals call into agricultural plants, plant products should be subject to quarantine, quarantine certificate and affix the transportation:

    (A) seventh provisions of these measures should be imposed on quarantine of plants and plant products from the outbreak calls into the city;

    (B) the crop seeds, seedlings and other propagating material into the city.

    By transporting the quarantine certificate, agricultural plants, plant products distribution in the administrative area of the city.

    Tenth swapped into agricultural plants, plant products and plant quarantine agency shall examine its transporting the quarantine certificate; from the outbreak should be imposed on quarantine of plants, plant products or other possible should lend the quarantine with quarantine pests of agricultural plants, plant products, you can have right.

    Transferred on reinspection is not qualified for agricultural plants, plant products and plant quarantine agency shall supervise redeployment of units or individuals in the designated location for treatments, and notify the quarantine certificates issued by the transportation of agricultural plant quarantine agency.

    11th under any of the following circumstances, bring up the unit or individual shall, before bring up to the plant, plant products storage area and County body for transporting agricultural plant quarantine and quarantine; district or County in which the store is not established plant quarantine authorities, quarantine, plant quarantine, to apply for transportation:

    (A) State regulations should be imposed on quarantine of plants and plant products from the outbreak out of the city;

    (B) the redeployment of provisions should be imposed on quarantine of plants, plant products out of the city;

    (C) crop seeds, seedlings and other propagating material out of the city.

    Pass the quarantine inspection of agricultural plants, plant products, transporting the quarantine certificate issued by; not passed quarantine inspection, but treatments can, bring up the unit or individual shall, according to requirements of the plant quarantine agency, designated location for treatments, qualified after the treatments, transporting the quarantine certificate issued by; no pesticide treatment should stop the distribution.

    Carrier carrier units specified in the first paragraph of this article of agricultural plants, plant products, shall examine the transporting the quarantine certificate.

    Article 12th agricultural plant quarantine organs shall be quarantined in accordance with quarantine rules for related agricultural plant quarantine procedures, processing time should be publicized, subject to public supervision.

    13th quarantine and transport quarantine certificate original or copies shall be retained for at least 2 years. 14th sale of crop seeds, seedlings and other propagating material from units or individuals, shall establish management archives.

    Business Archives shall at least include the following:

    (A) the quarantine or transporting the quarantine certificate of the original or copies;

    (B) the crop seeds, seedlings and other propagating material sources, the number of movements, sales.

    15th agricultural plant quarantine organs in crop seeds, seedlings and other propagating material trading market or exhibition stationed quarantine officers on site, site check, go through quarantine procedures.

    16th agricultural plant quarantine agency shall establish a comprehensive monitoring network, set up surveillance points; according to the law of agricultural plant quarantine pests, to carry out routine monitoring of agricultural plant quarantine pests and periodic surveys.

    Agricultural plant quarantine pests daily monitoring and regular survey programme developed by the agricultural plant quarantine agency, unified, and submitted to the municipal agricultural Administration Department.

    17th district and County agricultural plant quarantine agency found outbreaks of agricultural plants, should be immediately to the agricultural Administration Department, plant quarantine, and agency reports, district and county administrative departments of agriculture after receiving the report, shall promptly take the necessary control and eradication measures; agricultural plant quarantine agency, after receiving the report, shall promptly report to the municipal agricultural administration.

    Agricultural plant quarantine institution found in outbreaks of agricultural plants, it should be immediately reported to the municipal agricultural administration; municipal agricultural administration shall immediately notify the district and county administrative departments of agriculture, district and county administrative departments of agriculture shall promptly take the necessary control and eradication measures.

    Agriculture Administration Department, agricultural plant quarantine institutions and their staff on the epidemic situation of agricultural plants shall not be false claim and skimming, later reported, not incite others to conceal, misrepresent, late may not obstruct others report.

    Other units and individuals have found that plants infected or suspected to be infected, shall promptly report to the plant quarantine agency.

    18th plague by the Administrative Department of agriculture agricultural plants, plant products and other related items, and can take high temperature sterilization, chemical treatment or landfill, incineration and other measures on contaminated sites, high temperature disinfection or treatment can be made.

    Agriculture Administration Department to implement the measures provided for in the preceding paragraph, should be reduced as much as possible on the soil, air, water bodies, vegetation, pollution and destruction.

    Agricultural Administration implement measures specified in the first paragraph of this article, units or individuals shall comply and cooperate with outbreaks.

    19th of municipal agricultural administration of district and County agricultural plant disease control and eradication work coordination, guidance and oversight; agricultural plant quarantine agency shall set forth the outbreak control and eradication work and provide technical assistance and services.

    20th major outbreaks of agricultural plants, in accordance with the provisions of the municipal emergency response plan for epidemic situation of agricultural plants for disposal. 21st due to outbreak control and eradication of agricultural plant to the relevant units or individuals to cause losses, shall be subject to compensation.

    Specific remedies and criteria formulated by the municipal agricultural Administration Department, in conjunction with the Ministry of finance.

    22nd outbreak after disposing of agricultural plants, district and County agricultural plant where the outbreak and quarantine authorities should strengthen monitoring; the outbreak is not found within 3 years of the same epidemic, from district and county administrative departments, Administrative Department of agriculture confirmed the outbreak, drew attention to the absolute end.

    Before she was confirmed as fully in the fight against the epidemic, the outbreak triggered the outbreak of the pest of not planting host plants; planting of the contravention, by district and County agricultural plant quarantine agency ordered corrective action.

    Article 23rd, plant quarantine agency shall establish and improve agricultural plant quarantine information system, strengthening the construction of information platform of agricultural plant quarantine, summary, plant quarantine information communicated in a timely manner.

    24th agricultural plant quarantine officers in the implementation of plant quarantine in agriculture and other related law enforcement activities, should be in a quarantine uniform and their quarantine flag, produce their documents, and to take the following measures:

    (A) into the agricultural production of plants, plant products, management, storage, and other places of potential quarantine pest, site inspections and outbreak investigations;

    (Ii) acquisition-related samples, check out, copy, and quarantine-related information and collecting evidence relating to the quarantine;

    (C) the storage according to law, confiscation, destruction of agriculture in violation of regulations, transportation of plants, plant products, or to order the change of use;

    (D) supervise the units or individuals to implement treatment measures.

    Staff the agricultural plant quarantine of plant quarantine in agriculture and other related law enforcement activities may not interfere with the normal production and operation activities of the parties; the relevant units and individuals shall cooperate, refuse, interference and obstruction.

    25th article in plant disease control and eradication units and individuals who have made outstanding contributions to the work, should be given recognition.

    Article 26th city and district and county administrative departments of agriculture and agricultural plant quarantine agency in violation of these rules, fails to perform duties, illegal performance, improper implementation of agricultural plant quarantine, in accordance with the relevant provisions of the State and this municipality administrative accountability and administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    27th article has any of the following offences, does not constitute a crime, punished by plant quarantine agencies:

    (A) in violation of these regulations the eighth article, quarantine, breeding units or individuals does not prove testing, demonstration and promotion of seeds, seedlings or other propagating materials;

    (B) violation of the the eighth paragraph these measures, transport in this city of crop seeds, seedlings or other propagating material;

    (C) in violation of these regulations the Nineth article, transferred to units or individuals transferred without quarantine inspection of agricultural plants, plant products;

    (D) in violation of these regulations section 11th first to second paragraph, bring up the unit or individual without transporting the quarantine certificate of unauthorized distribution.

    Violations in non-business activities provided for in the preceding paragraph, below 1000 Yuan fine for violations in the activities provided for in the preceding paragraph, has illegally obtained, confiscation of illegal gains, illegal gains shall be punishable by 3 times the following fines shall not exceed a maximum 30,000 yuan, no illegal income, impose a 10,000 yuan fine.

    28th article violates this article 11th paragraph, carriers carriers not to handle the transportation of agricultural plant quarantine certificates, plant products, or does not match the amount and type of carrier and transporting the quarantine certificate from an agricultural plant quarantine Agency warned, liable to a fine of less than 1000 Yuan and 10,000 yuan.

    29th disobey article 13th, failing to keep the quarantine requirement or transporting the quarantine certificate, original or copy, by the agricultural plant quarantine agency ordered corrective action and the unit shall be liable to a fine of less than 2000 Yuan, individuals can be fined a maximum of 200 Yuan.

    30th article violates this way 14th section, selling crop seeds, seedlings or other propagating material of units or individuals not in accordance with the requirements established to carry files, from agricultural plant quarantine agency ordered corrective action and the unit shall be liable to a fine of less than 2000 Yuan, individuals can be fined a maximum of 200 Yuan.

    31st in violation of the third paragraph of article 18th, units or individuals refused to comply, with the outbreak of the disease, the agricultural Administrative Department shall order rectification refuses, activities contravening public security management, by the public security organs shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 32nd unit or individual in violation of the rules, leading to outbreaks or against the expansion of agricultural plants, personal and property damage to others shall bear civil liabilities according to law.

    Article 33rd acts in violation of these rules, provisions of relevant laws and regulations have the legal liability, in accordance with its provisions. 34th article of the rules take effect on July 1, 2013. Government issued on August 20, 1987, the Beijing Municipal People's Government Beijing 106th, released on November 23, 2007, modified by order No. 200 of the Beijing Municipal People's Government of Beijing municipality abolition of agricultural plant quarantine measures at the same time.

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