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進出境動植物檢疫法-資料下載頁

2025-08-23 18:23本頁面
  

【正文】 tion, the animals or plants subjected to quarantine inspection in an isolation court designated by the port animal and plant quarantine office. Article 40 Where the animals or plants, animal or plant products or other quarantine objects declared for quarantine inspection do not conform to the actual conditions, the applicant shall be fined by the port animal and plant quarantine office。 and the quarantine certificates already obtained shall be revoked. Article 41 Whoever, in violation of this Law and without authorization, unpacks the packings of transit animals or plants, animal or plant products or other quarantine objects, discharges transit animals or plants, animal or plant products or other quarantine objects from the means of transport, or casts away transit animals39。 carcasses, excrements, bedding materials or other wastes, shall be fined by the port animal and plant quarantine office. Article 42 Whoever violates the provisions of this Law and causes a serious animal or plant epidemic shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 178 of the Criminal Law. Article 43 Whoever forges or alters the quarantine certificates, stamps, marks or seals shall be investigated for criminal responsibility in accordance with the provisions of Article 167 of the Criminal Law. Article 44 If a party is not satisfied with the decision on punishment made by an animal and plant quarantine organ, it may, within 15 days after receipt of the notification of the punishment, apply for reconsideration to the organ at the next higher level over the organ that has made the decision on punishment。 the party may also directly bring a suit in a people39。s court within 15 days after receipt of the notification of the punishment. The reconsideration organ shall, within 60 days after receipt of the application for reconsideration, make a reconsideration decision. If the party is not satisfied with the reconsideration decision, it may, within 15 days after receipt of the reconsideration decision, bring a suit in a people39。s court. If the reconsideration organ fails to make a reconsideration decision within the prescribed period, the party may bring a suit within 15 days after the expiration of the period for reconsideration. If the party neither applies for reconsideration within the time limit, nor brings a suit in a people39。s court, nor plies with the decision on punishment, the organ that has made the decision on punishment may apply to a people39。s court for pulsory execution. Article 45 Where a quarantine functionary of an animal and plant quarantine organ who abuses his or her power, practises favouritism or embezzlement, forges a quarantine result, or neglects his or her duty or delays the performance of quarantine inspection and the issuance of certificates, criminal responsibility shall be investigated according to law if the offence constitutes a crime。 if the offence does not constitute a crime, the offender shall be subjected to administrative sanctions. Chapter VIII Supplementary Provisions Article 46 As used in this Law, the following terms respectively mean: (1)Animals mean the live animals, whether domesticated or wild, such as livestock, poultry, beasts, snakes, tortoises, fishes, shrimps and prawns, crabs, shellfishes, silkworms and bees。 (2)Animal products mean the nonprocessed products or the processed products, from animals, still liable to spread epidemic diseases, such as raw hides, hairs, meats, viscerae, fat and grease, aquatic animal products, dairy products, eggs, blood, semens, embryos, bones, hoofs and horns。 (3)Plants mean cultivated plants, wild plants, their seeds and seedlings and other propagating materials。 (4)Plant products mean the nonprocessed products or the processed products, from plants, still liable to spread diseases, insect pests or harmful organisms, such as grain, beans, cotton, oils, fibres, tobacco, kernel, dried fruits, fresh fruits, vegetables, raw medicinal herbs, logs and feeding stuffs。 (5)Other quarantine objects mean animal vaccine, blood serum, diagnostic reagents, wastes of animal or plant nature. Article 47 If provisions of this Law contravene those of the international treaties concerning animal and plant quarantine which the People39。s Republic of China has concluded or to which China is a party, the provisions of the international treaties concerned shall prevail, with the exception of the treaty clauses on which the People39。s Republic of China has declared reservations. Article 48 Port animal and plant quarantine offices shall collect fees, according to relevant regulations, for performing quarantine inspection. The measures for the collection of fees shall be worked out by the department of agriculture administration under the State Council together with the petent departments such as the pricing department under the State Council. Article 49 The State Council shall, on the basis of this Law, formulate the implementing regulations. Article 50 This Law shall go into effect as of April 1, 1992. The Regulations of the People39。s Republic of China on the Import and Export Animal and Plant Quarantine promulgated by the State Council on June 4, 1982 shall be annulled simultaneously. 10
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