Law of the People's Republic of China on Animal Epidemic Prevention (Revised in 2021)

Law of the People's Republic of China on Animal Epidemic Prevention (Revised in 2021)
Law of the People's Republic of China on Animal Epidemic Prevention (Revised in 2021)

Order of the President of the People's Republic of China No. 69

January 22, 2021

The Law of the People's Republic of China on Animal Epidemic Prevention, which was revised and adopted at the 25th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on January 22, 2021, is hereby promulgated and shall come into effect as of May 1, 2021.

Xi Jinping, President of the People's Republic of China

Law of the People's Republic of China on Animal Epidemic Prevention (Revised in 2021)

(Adopted at the 26th session of the Standing Committee of the eighth National People's Congress on July 3, 1997, revised for the first time at the 29th session of the Standing Committee of the tenth National People's Congress on August 30, 2007, amended for the first time in accordance with the Decision on the Revision to 12 Laws Including the Law of the People's Republic of China on the Protection of Cultural Relics adopted at the third session of the Standing Committee of the 12th National People's Congress on June 29, 2013, amended for the second time in accordance with the Decision on the Revision to Six Laws Including the Electric Power Law of the People's Republic of China adopted at the 14th session of the Standing Committee of the 12th National People's Congress on April 24, 2015, and revised for the second time at the 25th session of the Standing Committee of the 13th National People's Congress on January 22, 2021)

Table of Contents
Chapter I General Provisions
Chapter II Prevention of Animal Epidemic Diseases
Chapter III Reporting, Notification and Announcement of Animal Epidemics
Chapter IV Control of Animal Epidemic Diseases
Chapter V Quarantine of Animals and Animal Products
Chapter VI Harmless Disposal of Dead Diseased Animals and Diseased Animal Products
Chapter VII Diagnosis and Treatment of Animal Diseases
Chapter VIII Management of Veterinarians
Chapter IX Supervision and Administration
Chapter X Safeguard Measures
Chapter XI Legal Liability
Chapter XII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted with a view to strengthening the administration of animal epidemic prevention activities, preventing, controlling, eliminating and eradicating animal epidemic diseases, promoting the development of the breeding industry, preventing and controlling zoonotic infectious diseases, as well as protecting public health security and human health.

Article 2 This Law shall apply to the activities of animal epidemic prevention as well as the supervision and administration thereof within the territory of the People's Republic of China.
The quarantine of entry/exit animals and animal products shall be subject to the Law of the People's Republic of China on the Quarantine of Entry and Exit Animals and Plants.

Article 3 For the purpose of this Law, animals refer to farm livestock and poultry as well as other animals artificially raised or captured.
For the purpose of this Law, animal products refer to animals' meat, rawhides, raw wool, down, viscera, fat, blood, semen, spawn, embryos, bones, hoofs, heads, horns and tendons as well as milk and eggs possibly spreading animal epidemic diseases.
For the purpose of this Law, animal epidemic diseases refer to animal infectious diseases, including parasitic diseases.
For the purpose of this Law, animal epidemic prevention refers to the prevention, control, diagnosis and treatment, elimination and eradication of animal epidemic diseases, the quarantine of animals and animal products, as well as harmless disposal of dead diseased animals and diseased animal products.

Article 4 In light of the harmfulness of animal epidemic diseases to production in the breeding industry and to human health, animal epidemic diseases prescribed hereunder are classified into the following three categories:
1. Category I epidemic diseases refer to those which pose particularly serious harm to human beings and animals, possibly causing significant economic losses and social impacts while requiring urgent and severe compulsory prevention, control and other measures, such as foot-and-mouth disease, African swine fever and highly pathogenic avian influenza (HPAI);
2. Category II epidemic diseases refer to those which pose serious harm to human beings and animals, possibly causing great economic losses and social impacts while requiring strict prevention, control and other measures, such as rabies, brucellosis and grass carp hemorrhage disease; and
3. Category III epidemic diseases refer to those which commonly and frequently occur, and pose harm to human beings and animals, possibly causing economic losses and social impacts to a certain extent while requiring prompt prevention and control, such as colibacillosis, Avian tuberculosis and parotitis of the Chinese soft-shelled turtle.
The directories of specific types of Category I, Category II and Category III animal epidemic diseases as prescribed in the preceding paragraph shall be developed and announced by the competent department of agriculture and rural affairs under the State Council. The competent department of agriculture and rural affairs under the State Council shall, in light of the outbreak, prevalence and harmfulness of animal epidemic diseases, increase, reduce or adjust specific types of Category I, Category II and Category III animal epidemic diseases and announce them in a timely manner.
The directory of zoonotic infectious diseases shall be developed and announced by the competent department of agriculture and rural affairs under the State Council in collaboration with the competent departments of health as well as wildlife protection, etc., under the State Council.

Article 5 Animal epidemic prevention shall be carried out according to the policy of prevention while combining prevention with control, cleansing and eradication.

Article 6 The State encourages social forces to participate in animal epidemic prevention. People's governments at various levels shall take measures to support entities and individuals to participate in such activities as publicity of and education on animal epidemic prevention, epidemic reporting, voluntary service and donation.

Article 7 Entities and individuals engaging in such activities as raising, slaughtering, trading, isolation, transportation of animals as well as production, trading, processing and storage of animal products shall, in accordance with this Law and the provisions of the competent department of agriculture and rural affairs under the State Council, effectively conduct animal epidemic prevention involving immunization, disinfection, detection, isolation, cleansing, eradication and harmless disposal, and assume relevant liabilities for animal epidemic prevention.

Article 8 Each people's government at or above the county level shall implement unified leadership over animal epidemic prevention, take effective measures to stabilize its primary-level institution team, strengthen the building of an animal epidemic prevention team, establish a sound animal epidemic prevention system, and develop and organize the implementation of its planning for the prevention and control of animal epidemic diseases.
People's governments at the township level and sub-district offices shall organize the masses to effectively conduct prevention and control of animal epidemic diseases in their respective jurisdictions, while villagers' committees and residents' committees shall render assistance thereto.

Article 9 The competent department of agriculture and rural affairs under the State Council shall take charge of animal epidemic prevention nationwide.
The competent department of agriculture and rural affairs under each local people's government at or above the county level shall take charge of animal epidemic prevention within its administrative region.
Other relevant departments under each people's government at or above the county level shall effectively conduct animal epidemic prevention within the scope of their respective duties.
Functional departments of animal health supervision in the armed forces shall be responsible for epidemic prevention for animals in active service and animals raised for use in the armed forces.

Article 10 The competent department of health under each people's government at or above the county level shall establish a collaborative mechanism for the prevention and control of zoonotic infectious diseases together with the competent departments of agriculture and rural affairs as well as wildlife protection, etc., under the people's government at the corresponding level.
The competent department of agriculture and rural affairs under the State Council shall establish a collaborative mechanism for preventing the importation of animal epidemic diseases from abroad together with departments including the General Administration of Customs.

Article 11 The animal health supervision institution under each local people's government at or above the county level shall, in accordance with the provisions hereof, be responsible for the quarantining of animals and animal products.

Article 12 Each people's government at or above the county level shall, in accordance with the provisions of the State Council, establish an animal epidemic disease prevention and control institution as per the principles of overall planning, rational layout and comprehensive establishment.
Such animal epidemic disease prevention and control institution shall undertake animal epidemic disease monitoring, detection, diagnosis, epidemiological investigation, epidemic reporting and other technical work for prevention and control, etc.; and undertake the technical work of eliminating and eradicating animal epidemic diseases.

Article 13 The State encourages and supports scientific research as well as international cooperation and exchange on animal epidemic diseases, while popularizing advanced and applicable scientific research achievements, thus elevating the scientific and technological level for the prevention and control of animal epidemic diseases.
People's governments at various levels and relevant departments as well as news media shall strengthen the publicity of laws and regulations as well as knowledge on animal epidemic prevention.

Article 14 People's governments at various levels and relevant departments shall, in accordance with the relevant provisions of the State, commend and award entities and individuals that have made contributions to animal epidemic prevention, relevant scientific research and animal epidemic extermination.
Relevant entities shall pay work-related injury insurance premiums for animal epidemic prevention personnel in accordance with the law. Persons suffering from disease, disability or death as a result of participation in animal epidemic prevention shall be granted subsidies or pensions in accordance with the relevant provisions of the State.

Chapter II Prevention of Animal Epidemic Diseases

Article 15 The State has established a risk assessment system for animal epidemic diseases.
The competent department of agriculture and rural affairs under the State Council shall, in light of animal epidemics at home and abroad and the need to protect production in the breeding industry and human health, promptly conduct risk assessment of animal epidemic diseases in collaboration with the relevant departments of health, etc., under the State Council, and develop and announce measures and technical specifications for the prevention, control, elimination and eradication of animal epidemic diseases.
The competent department of agriculture and rural affairs under the people's government of each province, autonomous region or municipality directly under the Central Government shall, in collaboration with the relevant departments of health, etc., under the people's government at the corresponding level, conduct risk assessment of animal epidemic diseases within its administrative region and implement measures for the prevention, control, elimination and eradication of animal epidemic diseases.

Article 16 The State implements compulsory immunization against animal epidemic diseases that seriously harm production in the breeding industry and human health.
The competent department of agriculture and rural affairs under the State Council shall determine animal epidemic disease types and areas subject to compulsory immunization.
The competent department of agriculture and rural affairs under the people's government of each province, autonomous region or municipality directly under the Central Government shall develop a compulsory immunization plan for its administrative region; increase animal epidemic disease types and areas subject to compulsory immunization in light of the prevalence of animal epidemic diseases within its administrative region, and report the same to the people's government at the corresponding level for approval prior to the implementation thereof as well as the competent department of agriculture and rural affairs under the State Council for record-filing.

Article 17 Entities and individuals who raise animals shall perform the obligation of compulsory immunization against animal epidemic diseases, immunize animals in line with compulsory immunization plans and technical specifications, establish immunization files and apply livestock and poultry marks in accordance with the relevant provisions of the State to ensure the traceability thereof.
Where any animal subject to compulsory immunization fails to meet the pertinent immunization quality requirements and still fails to meet such requirements after implementation of supplementary immunization, it shall be disposed of by the relevant entity or individual in accordance with the relevant provisions of the State.
Vaccines used for immunization shall comply with national quality standards.

Article 18 The competent department of agriculture and rural affairs under each local people's government at or above the county level shall be responsible for organizing the implementation of its plan for compulsory immunization against animal epidemic diseases, and supervise and inspect entities and individuals who raise animals in terms of their performance of the compulsory immunization obligation.
People's governments at the township level and sub-district offices shall organize entities and individuals who raise animals in their respective jurisdictions to effectively conduct compulsory immunization, assist in effectively conducting supervision and inspection, and villagers' committees and residents' committees shall render assistance thereto in relevant work.
The competent department of agriculture and rural affairs under each local people's government at or above the county level shall, on a regular basis, assess the implementation and effect of its compulsory immunization plan within its administrative region and announce the assessment results.

Article 19 The State implements a system for the monitoring of animal epidemic diseases and early warning of epidemics.
Each people's government at or above the county level shall establish a sound animal epidemic disease monitoring network to strengthen the monitoring of animal epidemic diseases.
The competent department of agriculture and rural affairs under the State Council shall, in collaboration with relevant departments under the State Council, develop a national animal epidemic disease monitoring plan. The competent department of agriculture and rural affairs under the people's government of each province, autonomous region or municipality directly under the Central Government shall, in line with the national animal epidemic disease monitoring plan, develop an animal epidemic disease monitoring plan for its administrative region.
Each animal disease epidemic prevention and control institution shall, in accordance with the provisions of the competent department of agriculture and rural affairs under the State Council and the animal epidemic disease monitoring plan, monitor the outbreak and prevalence of animal epidemic diseases. No entity or individual engaging in such activities as raising, slaughtering, trading, isolation, transportation of animals or production, trading, processing, storage or harmless disposal of animal products may refuse or obstruct it.
The competent department of agriculture and rural affairs under the State Council and the competent department of agriculture and rural affairs under the people's government of each province, autonomous region or municipality directly under the Central Government shall, based on the forecast of the outbreak and prevalence tendency of any animal epidemic disease, give an early warning of the animal epidemic in a timely manner. After receiving an early warning of an animal epidemic, local people's governments at various levels shall take preventive and control measures without delay.

Article 20 People's governments of land border provinces and autonomous regions shall, in light of the need for prevention and control of animal epidemic diseases, rationally set up animal epidemic disease monitoring stations, improve the monitoring mechanism and prevent the importation of animal epidemic diseases from abroad.
The departments of science and technology as well as customs, etc., shall, in accordance with this Law and relevant laws and regulations, effectively conduct monitoring and early warning of animal epidemic diseases, exchange information with corresponding competent departments of agriculture and rural affairs on a regular basis, and circulate a notice of emergency if any without delay.
Each people's government at or above the county level shall improve its monitoring system and working mechanism for wildlife epidemic sources and diseases, and rationally lay out monitoring stations in light of needs; the competent departments of wildlife protection as well as agriculture and rural affairs shall effectively conduct monitoring of wildlife epidemic sources and diseases by division of duties, and exchange information with each other on a regular basis and circulate a notice of emergency if any without delay.

Article 21 The State supports localities to establish areas free from specified animal epidemic diseases, and encourages animal farms to establish bio-safety isolation areas free from specified animal epidemic diseases. Areas free from specified animal epidemic diseases and bio-safety isolation areas free from specified animal epidemic diseases that meet the standards prescribed by the competent department of agriculture and rural affairs under the State Council shall be announced by the competent department of agriculture and rural affairs under the State Council after being accepted upon inspection, and subject to supervision and inspection of their maintenance.
The people's government of each province, autonomous region or municipality directly under the Central Government shall develop and organize the implementation of its scheme for the construction of areas free from specified animal epidemic diseases within its administrative region. The competent department of agriculture and rural affairs under the State Council shall guide the construction of areas free from specified animal epidemic diseases across provinces, autonomous regions and municipalities directly under the Central Government.
The competent department of agriculture and rural affairs under the State Council shall, based on administrative divisions, layout of the breeding and slaughtering industry, and risk assessment, etc., conduct zoning prevention and control of animal epidemic diseases, and may take such measures as prohibiting or restricting the allocation and transportation of specific animals and animal products across regions.

Article 22 The competent department of agriculture and rural affairs under the State Council shall develop and organize the implementation of planning for the elimination and eradication of animal epidemic diseases.
Each local people's government at or above the county level shall, in line with the planning for elimination and eradication of animal epidemic diseases, develop and organize the implementation of a plan for elimination and eradication of animal epidemic diseases within its administrative region.
Each animal epidemic disease prevention and control institution shall, in line with the planning and plan for elimination and eradication of animal epidemic diseases, conduct guidance and training on elimination technologies of animal epidemic diseases, as well as monitoring and assessment of the effect of elimination of animal epidemic diseases.
The State promotes the elimination of animal epidemic diseases while encouraging and supporting entities and individuals who raise animals to conduct the cleansing of animal epidemic diseases. Entities and individuals who raise animals that meet the elimination standards prescribed by the competent department of agriculture and rural affairs under the State Council shall be announced by the competent department of agriculture and rural affairs under each people's government at or above the provincial level.

Article 23 Breeding and dairy animals shall comply with the health standards prescribed by the competent department of agriculture and rural affairs under the State Council.
Any entity or individual who raises breeding or dairy animals shall, as required by the competent department of agriculture and rural affairs under the State Council, conduct detection of animal epidemic diseases on a regular basis; and dispose of those animals which fail to pass the detection in accordance with the relevant provisions of the State.

Article 24 An animal farm or isolation site, an animal slaughtering and processing site, or a site for harmless disposal of animals and animal products shall meet the following conditions for animal epidemic prevention:
1. the distance between the site location and each residential living area, domestic drinking water source, school, hospital or any other public place complies with the provisions of the competent department of agriculture and rural affairs under the State Council;
2. its production and trading areas are enclosed and isolated, and its engineering design and relevant flows meet the requirements for animal epidemic prevention;
3. it has sewage and feculence disposal facilities, facilities and equipment for harmless disposal or refrigeration and freezing of dead diseased animals and diseased animal products, as well as facilities and equipment for cleaning and disinfection commensurate with its size;
4. it has practicing veterinarians or animal epidemic prevention technicians commensurate with its size;
5. it has a refined animal epidemic prevention system involving isolation and disinfection, purchase and sale ledger as well as routine tour inspection, etc.; and
6. it meets other conditions for animal epidemic prevention as prescribed by the competent department of agriculture and rural affairs under the State Council.
In addition to meeting the conditions prescribed in the preceding paragraph, a site for the harmless disposal of animals and animal products shall further have pathogen detection equipment, detection capacity and special transport vehicles that meet the requirements for animal epidemic prevention.

Article 25 The State implements a system for examination of the conditions for animal epidemic prevention.
Whoever intends to run an animal farm or isolation site, an animal slaughtering and processing site, or a site for harmless disposal of animals and animal products shall file an application with the competent department of agriculture and rural affairs under the local people's government at or above the county level with the relevant materials attached thereto.
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