Measures of Beijing Municipality for Quarantine of Forestry Plants

· Document Number：Decree No. 206 of Beijing Municipal People’s Government

· Area of Law： Agriculture Animal Husbandry Fisheries Forestry

· Level of Authority： Local Government Rules

· Date issued：04-22-2008

· Effective Date：06-01-2008

· Status： Effective

· Issuing Authority： Beijing Municipality

Decree of Beijing Municipal People's Government
(No. 206)
The Measures of Beijing Municipality for Quarantine of Forestry Plants, adopted at the 3rd Meeting of the Beijing Municipal People's Government on April 8, 2008, are hereby promulgated and shall be effective as of June 1, 2008.
Mayor: Guo Jinlong
April 22, 2008
Measures of Beijing Municipality for Quarantine of Forestry Plants
(Promulgated by Decree No. 206 of the People's Government of Beijing Municipality on April 22, 2008)
Article 1 These Measures are formulated for the purposes of preventing the invasion, spread and extension of quarantine, dangerous and harmful forestry organisms and protecting the Capital's eco-environment in accordance with the provisions of such laws and regulations as the Forest Law of the People's Republic of China and the Regulations on Plant Quarantine of the State Council and in light of the actual circumstances of this Municipality.
Article 2 The quarantine of forestry plants and their products within the administrative area of this Municipality shall be in compliance with these Measures.
Article 3 The municipal competent administrative department for landscaping and afforestation (hereinafter referred to as the municipal landscaping and afforestation department) shall be responsible for the quarantine of forestry plants in the whole city; the administrative departments for forestry at the district or county level shall be responsible for the quarantine of forestry plants within their respective administrative areas. The organs for the quarantine of forestry plants at the municipal and the district or county level (hereinafter referred to as the forestry quarantine organs) shall be responsible for carrying out the task of quarantine of forestry plants.
Relevant departments for agriculture, industrial and commercial administration, communications and transportation, post and other departments as well as the organs for entry and exit inspection and quarantine of this Municipality shall, in accordance with the division of duties and responsibilities, bring to success the work related to the quarantine of forestry plants.
Article 4 The forestry quarantine organs at the municipal and the district or county level shall be staffed with the quarantine officers for forestry plants (hereinafter referred to as the quarantine officers), and based on the needs, set up the laboratories for the quarantine and inspection equipped with corresponding quarantine equipment and facilities for disinfestation treatment.
The municipal landscaping and afforestation department and the administrative departments for forestry at the district or county level may engage part-time quarantine officers to assist the forestry quarantine organs to carry out the quarantine of forestry plants.
Article 5 When carrying out the task of quarantine, the quarantine officers may enter the places where the forestry plants and their products are produced, processed or stored to carry out on-the spot inspection, investigation and quarantine, may collect relevant specimens, look up, copy and take photos of the materials related to the quarantine, gather evidences related to the quarantine, and carry out investigation to find out relevant information.
When carrying out the task of quarantine, the quarantine officers shall wear the uniform for the quarantine, wear the sign for the quarantine and show the law enforcement certificates. Relevant units and individuals shall offer assistance and shall not hinder the quarantine by the quarantine officers.
Article 6 The quarantine organs shall carry out the quarantine over the following forestry plants and their products as well as the means of transport and places for storage that are probably contaminated by quarantine, dangerous and harmful forestry organisms:
(1) such forestry plants as arbores , shrubs, bamboos and flowers as well as their seeds, nursery stocks and other propagating materials;
(2) such wooden products or semi-products as timbers, bamboo materials, rattans, traditional Chinese medicinal materials, fruits, bonsais and samples;
(3) wooden materials used for bearing, packaging, padding, supporting or reinforcing goods;
(4) other forestry plants and their products subject to quarantine that are fixed by the State and this Municipality.
The quarantine organs shall strengthen re-inspection of the forestry plants and their products transferred into this Municipality.
Article 7 The forestry quarantine organs shall carry out the quarantine of forestry plants in accordance with the list of quarantine, dangerous and harmful forestry organisms promulgated by relevant departments of the State Council and the supplementary list of quarantine, dangerous and harmful forestry organisms promulgated by the municipal landscaping and afforestation department to inspect whether the forestry plants and their products bring with any harmful organism.
Article 8 Where any unit or individual discovers any harmful organism, it shall immediately report to the local forestry quarantine organ. The forestry quarantine organ receiving the report shall quickly organize professional technicians to carry out the inspection and authentication to identify whether it is an epidemic.
Where the harmful organism is a kind of quarantine, dangerous and harmful organism newly discovered in this Municipality, the forestry quarantine organ shall report to the municipal landscaping and afforestation department in accordance with provisions and take blockade, elimination or control measures.
Article 9 Where any harmful organism is discovered in part of this Municipality, the epidemic-stricken area and the protection area shall be delimited in accordance with provisions. With respect to the delimitation, modification and cancellation of the epidemic-stricken area and the protection area, a proposal shall be put forward by the municipal landscaping and afforestation department, reported to the Municipal People's Government for approval and to the competent department of forestry of the State Council for the record.
The municipal landscaping and afforestation department and the administrative departments for forestry at the district or county level shall work out and implement the contingency pre-plans for unexpected harmful organisms.
Article 10 The municipal landscaping and afforestation department shall strengthen the investigation of harmful forestry organisms, organize the investigation of key harmful forestry organisms every year, and organize the general survey in accordance with the provisions of the State.
The forestry quarantine organs at the municipal and the district or county level shall establish the archives for the quarantine of forestry plants, compile the materials on the distribution of quarantine, dangerous and harmful forestry organisms and the plans for the blockade, elimination and treatment, and report to the forestry quarantine organs at the next higher level for the record.
Article 11 Those engaged in production and operation of breeding bases of forestry plant seedlings, maternal woods, flower nurseries and orchards shall apply to the local forestry quarantine organ for the origin quarantine during the production or before the transfer.
The forestry quarantine organs shall strengthen the plant quarantine over the following places:
(1) the places for processing, storage or transhipment of timbers;
(2) the places for storage or transhipment of fruits;
(3) the distribution centres of nursery stocks or flowers.
Where the above places have passed the quarantine inspection, the quarantine officers shall issue the Qualification Certificate of Origin Quarantine; where such places have failed in the quarantine inspection, the Quarantine Treatment Notice shall be issued.
Article 12 When transferring the seeds, nursery stocks and other propagating materials of forestry plants or transferring the forestry plants and their products subject to quarantine from epidemic-stricken areas, the transferor shall handle the quarantine procedures in accordance with the following provisions:
(1) Where the above plants plan to be transferred into this Municipality, an application shall be put forward to the municipal forestry quarantine organ or the forestry quarantine organ at the district or county level entrusted by it in advance, which shall issue the Forest Plant Quarantine Requirement Certificate to the forestry quarantine organ of the place from which the plants are transferred; the transferor may be permitted to transfer the plants into this Municipality only after it obtains the Plant Quarantine Certificate (Outbound) issued by the forestry quarantine organ of the place from which the plants are transferred.
(2) Where the above plants plan to be transferred from this Municipality, an application for inspection shall be submitted to the municipal forestry quarantine organ or the forestry quarantine organ at the district or county level entrusted by it on the strength of the Forest Plant Quarantine Requirement Certificate issued by the forestry quarantine organ of the place into which the plants are transferred; the transferor may be permitted to transfer the plants from this Municipality only after the plants pass the quarantine and the Plant Quarantine Certificate (Outbound) is obtained.
When the seeds, nursery stocks and other propagating materials of forestry plants are transferred across the districts or counties of this Municipality, the transfer shall be carried out with the Qualification Certificate of Origin Quarantine.
Article 13 When the forestry plants and their products subject to quarantine are transported or mailed, the checking procedures shall be handled with the Plant Quarantine Certificate; where the seeds, nursery stocks and other propagating materials of forestry plants are transported or mailed across the districts or counties of this Municipality, the checking procedures shall be handled with the Qualification Certificate of Origin Quarantine.
Where the consignment falls into one of the following circumstances, the carrier shall not handle the checking procedures; where relevant Articles are discovered, the carrier shall timely notify the local forestry quarantine organ and shall not undertake the transportation without authorization:
(1) the Plant Quarantine Certificate or the Qualification Certificate of Origin Quarantine is not obtained in accordance with provisions, or the period of validity of the certificate held is exceeded;
(2) the categories, names or quantities of relevant forestry plants and their products are not in conformity with the contents recorded in the certificate.
Article 14 The using unit shall well keep the wooden materials used for bearing, packaging, padding, supporting or reinforcing goods, and where it discovers any material that probably brings with any harmful forestry organisms, it shall timely report to the local forestry quarantine organ and take the control measures to prevent their spread and extension.
Article 15 Where the seeds, nursery stocks and other propagating materials of forestry plants are introduced from the place out of the territory to be planted in this Municipality upon approval, the unit or individual that introduces them shall obtain the certificate permitting the entry issued by the organ for entry and exit inspection and quarantine and carry out the isolated planting on a trial basis at the designated time and site required by the municipal forestry quarantine organ.
The unit or individual shall, within seven days as of the entry into this Municipality of the introduced seeds, nursery stocks and other propagating materials of forestry plants, notify the municipal forestry quarantine organ.
The municipal forestry quarantine organ shall strengthen contact with the organ for entry and exit inspection and quarantine, timely communicate the circumstances about the planting of the seeds, nursery stocks and other propagating materials of forestry plants in this Municipality introduced from the place out of the territory upon approval and the dynamic situation of the quarantine of forestry plants to each other, and jointly bring to success the supervision and administration after the introduction.
Article 16 It is forbidden to use or raise living quarantine, dangerous and harmful forestry organisms in non-epidemic-stricken areas. Where any unit really needs to use or raise living quarantine, dangerous and harmful forestry organisms for teaching or scientific research, it shall, before the use or raising, report to the municipal landscaping and afforestation department for examination and approval or report to the competent department for forestry of the State Council for examination and approval; the teaching or scientific research activities may only be carried out after the approval.
When using or raising living quarantine, dangerous and harmful forestry organisms in non-epidemic-stricken areas, relevant teaching or research units shall work out and implement the prevention pre-plan so as to prevent the escape, spread or extension of the quarantine, dangerous and harmful forestry organisms, and carry out the teaching or scientific research activities in strict accordance with the approved experimental time, experimental site, experimental types and quantities.
Article 17 Where the forestry quarantine organ discovers that the forestry plants and their products, relevant means of transport or places for storage are contaminated by the quarantine, dangerous and harmful forestry organisms, it shall issue the Quarantine Treatment Notice and order and supervise the parties concerned to carry out the treatment.
The parties concerned shall carry out the disinfestation at the designated time and site; where it is too difficult to carry out the disinfestation, the parties concerned shall stop the transfer, change the usage or carry out on-the-spot destruction in accordance with provisions.
Article 18 No charge shall be collected for the administrative license for the quarantine of forestry plants in this Municipality. The expenses needed by such activities as the administrative license related to the quarantine of forestry plants, quarantine law enforcement, epidemic monitoring and investigation, general survey of harmful forestry organisms and emergency elimination and control of epidemics shall be incorporated into the financial budget at the same level.
Article 19 The municipal landscaping and afforestation department shall timely publicize the application conditions and handling circumstances of the administrative licenses for the quarantine of forestry plants in this Municipality as well as the epidemics and delimitation of epidemic-stricken areas related to the quarantine of forestry plants promulgated by the State to the society so as to facilitate the inquiry and knowledge of the public.
Article 20 The municipal landscaping and afforestation department, the administrative departments for forestry at the district or county level and their forestry quarantine organs shall strengthen the propaganda of quarantine of forestry plants so as to popularize the quarantine knowledge and improve the consciousness of the whole society in protecting the eco-environment.
Article 21 The municipal landscaping and afforestation department and the administrative departments for forestry at the district or county level shall carry out the trainings on relevant legal knowledge and professional skills so as to improve the law enforcement capability and professional skill level of the quarantine officers.
Article 22 Any transferor who, in violation of the provisions of Paragraph 1 of Article 11, Article 12 and Paragraph 1 of Article 13 of these Measures, commits one of the following acts, shall be ordered to make corrections and may be fined not less than 500 Yuan but not more than 2,000 Yuan by the forestry quarantine organ:
(1) failing to handle the Qualification Certificate of Origin Quarantine or Plant Quarantine Certificate for the forestry plants and their products subject to quarantine;
(2) failing to report as to the facts, making false reports or concealing the types, names and quantities of forestry plants and their products during the reporting process;
(3) opening the seals or packages of forestry plants and their products passing the quarantine without authorization, replacing the plants or their products, or changing the prescribed usage of the plants or their products without authorization;
(4) forging, altering, selling or buying, transferring or obtaining by cheating the certificates, stamps, marks or seals for the quarantine of forestry plants.
Where any carrier, in violation of the provisions of Paragraph 2 of Article 13 of these Measures, undertakes the transportation of forestry plants and their products subject to quarantine without the Plant Quarantine Certificate or Qualification Certificate of Origin Quarantine, or bearing a certificate not in conformity with the goods it carries or for which the period of validity of the certificate is exceeded, the forestry quarantine organ shall order relevant party to accept the supplementary quarantine and may impose a fine of not less than 200 Yuan but not more than 500 Yuan on the carrier concerned.
Article 23 Whoever, in violation of the provisions of Paragraph 1 of Article 15 of these Measures, introduces the seeds from the places out of the territory without authorization or fails to carry out the isolated planting on a trial basis in accordance with the quarantine requirements, shall be ordered to make corrections and fined 2,000 Yuan simultaneously by the municipal forestry quarantine organ.
Whoever, in violation of the provisions of Paragraph 2of Article 15 of these Measures, fails to make timely notification after introducing the seeds, nursery stocks and other propagating materials of forestry plants shall be warned and may be fined 1,000 Yuan simultaneously by the municipal forestry quarantine organ.
Article 24 Whoever, in violation of the provisions of Paragraph 1of Article 16 of these Measures, carries out the teaching or scientific research activities with living quarantine, dangerous and harmful forestry organisms in non-epidemic-stricken areas shall be ordered to make corrections and fined 10,000 Yuan simultaneously by the municipal forestry quarantine organ.
Whoever, in violation of the provisions of Paragraph 2 of Article 16 of these Measures, fails to work out and implement the prevention pre-plan when carrying out the teaching or scientific research activities or fails to carry out the teaching or scientific research activities in accordance with the approved experimental time, experimental site, experimental types and quantities shall be ordered to make corrections and may be fined not less than 5,000 Yuan but not more than 30,000 Yuan simultaneously by the municipal forestry quarantine organ; where such activities cause the escape, spread or extension of the quarantine, dangerous and harmful forestry organisms, a fine of not less than 30,000 Yuan but not more than 50,000 Yuan shall be imposed.
Article 25 Any party concerned who, in violation of the provisions of Paragraph 2 of Article 17 of these Measures, fails to carry out the treatment on the forestry plants and their products, relevant means of transport or places for storage that are contaminated in accordance with the requirements of the Quarantine Treatment Notice, shall be ordered to make corrections and may be fined not less than 500 Yuan but not more than 5,000 Yuan simultaneously by the forestry quarantine organ.
Article 26 Where any violation of the provisions of relevant laws, regulations and these Measures causes a major epidemic related to forestry plants or causes the spread or extension of an epidemic, the municipal forestry quarantine organ shall impose a fine of not less than 50,000 Yuan but not more than 100,000 Yuan on the party concerned; where economic losses are caused, the party concerned shall be responsible for the compensation in accordance with law; where a crime is constituted, criminal liability shall be investigated for in accordance with law.
Article 27 These Measures shall be effective as of June 1, 2008. The Trial Measures of Beijing Municipality for Quarantine of Forestry Plants promulgated on June 5, 1986 shall be repealed simultaneously.