MEASURES FOR THE SUPERVISION AND ADMINISTRATION OF INSPECTION AND QUARANTINE OF ENTRY AQUATIC ANIMALS
(Promulgated by AQSIQ Order No. 183 on July 26, 2016; amended pursuant to GACC Order No. 243 of November 23, 2018)
Chapter I General Provisions
Article 1 These Measures are formulated to prevent the introduction of aquatic animal diseases, protect fishery production, human health and the ecological environment, under the Entry and Exit Animal and Plant Quarantine Law, Import and Export Commodity Inspection Law, Agricultural Product Quality and Safety Law and other applicable laws and regulations.
Article 2 These Measures apply to inspection, quarantine, supervision and administration of aquatic animals entering China.
Article 3 GACC is responsible for nationwide administration; competent Customs offices are responsible within their jurisdictions.
Article 4 Customs implements risk-based inspection and quarantine and categorized and credit management of relevant enterprises.
Article 5 Enterprises handling entry aquatic animals shall operate according to laws, regulations and standards and are responsible for product quality and safety.
Chapter II Quarantine Access
Article 6 GACC implements quarantine access for entry aquatic animals, including product risk analysis, assessment and review of safety and sanitary control systems, determination of inspection and quarantine requirements, and registration of overseas breeding and packaging establishments.
Article 7 Countries or regions exporting aquatic animals to China for the first time shall apply to GACC for quarantine access.
Article 8 GACC may organize risk analysis and assessment of the exporting country's aquatic animal health and safety control system.
Article 9 Where assessment confirms acceptable risk, GACC and the competent foreign authority determine inspection and quarantine requirements, including through protocols, memoranda or other arrangements.
Article 10 Overseas breeding and packaging establishments shall be registered where required and shall remain under effective supervision of the exporting country's competent authority.
Article 11 GACC may suspend or cancel access or establishment registration where disease status or safety conditions change or requirements are no longer met.
Chapter III Quarantine Approval
Article 12 Entry aquatic animals subject to quarantine approval shall obtain an Entry Animal and Plant Quarantine Permit before contract execution or import, as required.
Article 13 Applicants shall truthfully submit information on species, quantity, origin, intended use, transport, entry port, destination and isolation or holding facilities.
Article 14 Customs may verify the conditions of designated isolation, holding or storage premises before approval.
Article 15 Changes to approved matters shall be handled according to quarantine-approval rules.
Chapter IV Overseas Pre-export Requirements
Article 16 Aquatic animals exported to China shall originate from approved countries/regions and registered establishments where applicable.
Article 17 The exporting competent authority shall conduct inspection and quarantine according to Chinese requirements.
Article 18 Consignments passing inspection and quarantine shall be accompanied by an official health certificate in the agreed form.
Article 19 Packaging, containers, water, bedding or other media shall meet Chinese quarantine and biosafety requirements and shall not carry prohibited organisms, pathogens or contaminants.
Article 20 Transport vehicles and containers shall be clean and, where necessary, disinfected and sealed.
Chapter V Entry Inspection and Quarantine
Article 21 Importers or agents shall declare the aquatic animals to Customs and submit the quarantine permit, official certificate, trade documents and other required materials.
Article 22 Customs shall verify documents, species, quantity, markings, seals and other information.
Article 23 Customs conducts clinical inspection and may take samples for laboratory testing according to risk.
Article 24 Aquatic animals requiring isolation quarantine shall be transported to designated isolation premises under Customs supervision.
Article 25 During isolation, enterprises shall implement biosecurity, feeding, mortality recording, disinfection and waste-disposal measures and cooperate with sampling and testing.
Article 26 Aquatic animals passing inspection and quarantine may be released.
Article 27 Where quarantine diseases, prohibited organisms or other serious non-compliance are detected, Customs may return, destroy, treat or otherwise dispose of the consignment according to law.
Article 28 Dead aquatic animals, waste water, packaging, bedding and contaminated articles shall be disposed of under Customs supervision to prevent disease spread.
Article 29 Unauthorized removal, sale, transfer or release of aquatic animals under quarantine supervision is prohibited.
Chapter VI Supervision and Administration
Article 30 Customs supervises importers, agents, isolation premises, holding facilities and other relevant entities.
Article 31 Relevant enterprises shall establish traceability records covering import, transport, isolation, holding, sale and disposal.
Article 32 Records shall be authentic and retained for the period required by applicable rules.
Article 33 Where an aquatic animal epidemic or abnormal mortality occurs, the enterprise shall immediately report to Customs and take emergency control measures.
Article 34 Customs may conduct epidemiological investigation, sampling, testing, disinfection, movement restriction and other measures.
Article 35 Importers shall not introduce, transfer or use entry aquatic animals in a manner inconsistent with approved quarantine conditions.
Article 36 Customs may adjust inspection frequency and supervision measures according to risk and enterprise credit.
Article 37 Where overseas establishments repeatedly fail requirements, GACC may strengthen controls, suspend imports or cancel registration.
Article 38 Where the exporting country or region experiences a major aquatic animal disease outbreak, GACC may take emergency measures including suspension or prohibition of imports.
Chapter VII Legal Liability
Article 39 Violations involving evasion of quarantine, false declaration, unauthorized movement, failure to report disease or refusal to accept supervision shall be handled under the Entry and Exit Animal and Plant Quarantine Law and other applicable laws and regulations.
Article 40 Where imported aquatic animals cause or may cause spread of disease because of an operator's violation, the operator shall bear corresponding legal responsibility and disposal costs.
Article 41 Customs personnel violating laws or abusing authority shall be held accountable according to law; criminal liability shall be pursued where a crime is constituted.
Chapter VIII Supplementary Provisions
Article 42 Special rules for aquatic animals imported for scientific research, exhibitions, breeding, consumption or other purposes shall be implemented together with relevant GACC provisions.
Article 43 GACC is responsible for interpretation of these Measures.
Article 44 These Measures shall be implemented in accordance with their effective date and subsequent amendments.
Unofficial Translation. For reference only. Please kindly understand.
非官方翻译，请理解。
