Implementing Rules of the Frontier Health and Quarantine Law of the People's Republic of China (Revised in 2010)

Implementing Rules of the Frontier Health and Quarantine Law of the People's Republic of China (Revised in 2010)


Implementing Rules of the Frontier Health and Quarantine Law of the People's Republic of China (Revised in 2010)

Order of the State Council No. 574

April 24, 2010

(Approved by the State Council on February 20, 1989, issued by the Ministry of Public Health on March 6, 1989, and revised in accordance with the Decision of the State Council on the Revision of the Implementing Rules on the National Border Health and Quarantine Law of the People's Republic of China on April 24, 2010. )

Chapter I General Provisions

Article 1 These specific rules are enacted in accordance with the Frontier Health and Quarantine Law of the People's Republic of China (hereinafter referred to as the Frontier Health and Quarantine Law ).

Article 2 Definitions For the purpose of the Frontier Health and Quarantine Law and these specific rules
"inspection" means medical examination and sanitary inspection made by the frontier health and quarantine organization (hereinafter referred to as the health and quarantine organization );
"infected person" means a person who is suffering from a quarantine disease, or who is preliminarily diagnosed by the health and quarantine organization as having been infected with or having been incubating such a disease;
"suspect" means a person exposed to infection by a quarantinable disease and capable of spreading that disease;
"isolation" means segregating an infected person at a designated place so as to restrict his activities and give him medical treatment until there is no danger of spreading a communicable disease;
"under observation" means putting a suspect at a designated place for examination and inspection;
"medical examination on the spot" means a person going, at the time designated by the health and quarantine organization, to a nearby health and quarantine organization or other medical and health institution for examination, or is examined at his dwelling place by the health and quarantine organization or other medical and health institution;
"transport equipment" means freight containers;
"health measures" means such medical measures as isolation, under observation and medical examination on the spot, and such sanitary measures as disinfection, deratting and disinsecting;
"surveillance of communicable disease" means the investigation of specific surroundings, humans groups and other related elements in epidemiology, serology, aetiology and clinical symptoms, and prediction of occurrence, expansion and epidemic of a communicable disease;
"Sanitary supervision" means sanitary inspection, identification, evaluation and sample examination in the implementation of Health Laws and Regulations and Health Standards;
"means of transport" means ships, aircrafts, trains and other vehicles;
"frontier port" means international ports, airports, railway stations, land frontiers and frontier posts on boundary rivers.

Article 3 The scope of the work of the health and quarantine organization at a frontier port covers all hotels, restaurants and clubs thereat with service to foreigners, all units providing food and beverage and services to inbound and outbound means of transport, and all places where quarantine inspection, surveillance and sanitary supervision are applied to persons, means of transport, containers and goods upon entering or leaving the territory.

Article 4 All persons, means of transport and containers as well as luggage, goods and postal parcels that may possibly transmit a quarantinable disease shall be subject to quarantine inspection upon entering or leaving the territory in accordance with these specific rules. Permission of entry or exit can only be granted the approval of the health and quarantine organization.

Article 5 The health and quarantine organization, upon detection of an infected person, shall immediately put him in isolation, take precautions to prevent any other person from being infected and apply measures provided for in Part VIII of these specific rules. The health and quarantine organization, in finding any suspect, shall treat him according to the provisions contained in Part VIII of these specific rules; in case of a suspect for whom no measures provided in Part VIII of these specific rules are appropriate, it may apply medical examination on the spot or place him under observation for a period not exceeding the longest incubation period of the very communicable disease, reckoned from the date of his leaving the infected environment; or it may apply other health measures.

Article 6 Thehealth and quarantine organization shall prevent any infected person or suspect from leaving the territory, but shall allow the departure of any person from abroad, who has subjected himself to medical examination on the spot upon his arrival and has requested to leave the territory by means of transport, the quarantine doctor shall record the fact on the pratique for departure and notify the person in charge of the means of transport to carry out necessary preventive measures.

Article 7 The corpse of a person who died of any unidentified cause other than an accident at a frontier port or on an inbound or outbound means of transport staying thereat shall not be removed and transported until it has been examined by the health and quarantine organization and a permit for removal and transportation of corpse issued.

Article 8 In the event of any means of transport from an infected area within the country or on which a quarantinable disease or a suspected quarantinable disease or any death due to an unidentified cause other an accident is discovered during the voyage in the country, the person in charge of the means of transport shall notify the health and quarantine organization at the frontier port of arrival for a provisional quarantine inspection.

Article 9 In the event of an epidemic of a quarantinable disease at home or abroad, the National Health Administration under the State Council shall immediately report to the State Council for decision to take the following quarantine measures partly or wholly:
1. to blockade the area concerned on the land frontier or on the boundary river;
2. to subject certain articles to disinfection and disinsecting before it is transported into or out of the country;
3. to prohibit certain articles from being transported into or out of the country;
4. to designate the first port of entry and the first airport for landing; any ship or aircraft coming from an infected area abroad, unless in wreckage or for other particular reasons shall not be allowed to enter any other port or to land at any other airport without being quarantine at the first port of entry or the first airport for landing.

Article 10 On arrival at a port of incoming or outgoing containers, goods and waste and used articles, the carrier or his agent or the owner shall apply to the health and quarantine organization for sanitary inspection; the disinfection, deratting, disinfecting or other necessary sanitary measures shall be applied to any container, goods and waste and used article coming from an infected area, or contaminated by a communicable disease and likely to transmit a quarantinable disease, or found to be with rodents and insect vectors harmful to human health.
The health and quarantine organization may, at the request of the owner of the container, goods and waste and used article, allow quarantine inspection and sanitary treatment to be conducted at another place in accordance with the relevant rules.
The customs shall release them only with a certificate of sanitary treatment issued by the health and quarantine organization.

Article 11 Thecarrier, the consigner or postman of such special products as microbes, human tissues, biological products, blood and blood products taken into or out of the territory shall report to the health and quarantine organization for quarantine inspection. No such products are allowed to be carried into or out of the territory without the permission of the health and quarantine organization.
The customs shall release them to go through only with a certificate of special products issued by the health and quarantine organization.

Article 12 The sanitary inspection shall applied to any luggage and goods likely to transmit a communicable disease, carried or consigned by passengers or crew members entering or leaving the territory. The health and quarantine organization shall take sanitary measures on any food, beverage and aquatic product from an infected area or contaminated by a communicable disease, or cremate them and then issue a certificate of sanitary treatment.
The customs shall release them only with a certificate of sanitary treatment issued by the health and quarantine organization.

Article 13 The postal department shall cooperate with the health and quarantine organization when it carries out quarantine inspection and necessary treatment over postal parcels in need of quarantine. No postal parcels shall be delivered without the permission of the health and quarantine organization.

Article 14 The category, type and issuance of quarantine forms or certificates shall be specified by the National Health Administration under the State Council.

Chapter II Notifications and Epidemiological Information

Article 15 When a quarantinable disease or a suspected quarantinable disease has been discovered, or a person died of unidentified cause other than an accident at a frontier port or on the means of transport staying thereat, the person in charge of the organization concerned at the frontier port or of such means of transport shall notify the health and quarantine organization immediately.

Article 16 The health and quarantine organization, on discovering a quarantinable disease, a communicable disease under surveillance or a suspected quarantinable disease, shall immediately notify the local health authority and the local health and epidemic prevention institution; in case of a quarantinable disease, it shall also immediately notify the National Health Administration under the State Council by the most expeditious means.
The local health and epidemic prevention institution, in finding a quarantinable disease or a communicable disease under surveillance, shall notify the health and quarantine organization.

Article 17 When an epidemic of a quarantinable disease occurs at a certain local area inside or outside the country, the National Health Administration under the State Council may declare such area as an infected area.

Chapter III The Health and Quarantine Organization

Article 18 The health and quarantine organization, as their service requires, may establish outpost agencies. The establishment, amalgamation or withdrawal of the health and quarantine organization shall be decided by the National Health Administration under the State Council.

Article 19 The functions of the health and quarantine organization are :
1. to enforcing the Frontier Health and Quarantine Law of the People's Republic of China and its specific rules, and other relevant National Health Laws and Regulations;
2. to collect, collate and report information on the occurrence, prevalence and termination of communicable diseases outside the country or at the frontier ports;
3. to supervise the sanitary conditions at a frontier port; and to apply quarantine inspection, communicable disease surveillance, sanitary supervision and sanitary treatment to means of transport, persons, containers, corpses and human remains entering or leaving the territory and to luggage, goods and postal parcels likely to transmit a quarantinable disease;
4. to apply quarantine inspection to the special products including microbes, biological products, human tissues, blood and blood products carried into or out of the country, and to animals likely to transmit a human communicable disease;
5. to provide incoming and outgoing persons with vaccination, physical examination, medical services, health counseling for international travel and health education;
6. to issue quarantine certificates;
7. to engage in epidemiological studies and scientific experiment;
8. to carry out other service assigned by the National Health Administration under the State Council.

Article 20 The responsibilities of sanitary supervisors at a frontier port are:
1. to carry out sanitary supervision and health education over a frontier port and any inbound and outbound means of transport staying thereat;
2.
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