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The Implementation Bylaws
of the Provisional Regulations on the Management of
Tourist Safety |
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Provisional Regulations on the Management of Tourist Safety
(Promulgated
by the National Tourism Administration on January 22, 1994)
Chapter I General Provisions
Article 1 The Implementation Bylaws of the Provisional Regulations
on the Management of Tourist Safety (hereinafter referred to as the
Bylaws) are formulated in order to carry out the Provisional
Regulations on the Management of Tourist Safety.
Chapter II Safety Management
Article 2 The management of tourist safety shall adopt the
system of unified leadership of the national tourism administrative
department and various levels of management by local tourism
administrative departments.
Article 3 Tourism administrative departments at various levels shall
protect the life and property safety of tourists in accordance with
relevant laws.
Article 4 The responsibilities of the tourist safety management of
the national tourism administrative department are :
1. to formulate national-level regulations on the management of
tourist safety and organize the enforcement of the regulations.
2. to conduct comprehensive management of tourist safety jointly
with other national department sconcerned and coordinate the
handling of tourist accidents and other safety problems.
3. to guide, examine and supervise the work of tourist safety
management of tourism administrative departments at various levels
and tourist institutions and enterprises.
4. to be responsible for the promotion and education of national
tourist safety management, and to organize the training of tourist
safety management personnel.
5. to coordinate the handling of serious tourist safety accidents.
6. to be responsible for other affairs of national tourist safety
management.
CHAPTER III Handling of Accidents
Article 7 All the accidents relating to the safety of tourists' body
and belongings are tourist safety accidents.
Article 8 Tourist safety accidents fall into four categories: minor,
ordinary, serious and extremely serious accidents.
1. a minior accident refers to an accident which causes slight
injury to tourists or economic losses below 10,000 yuan.
2. an ordinary accident refers to an accident which causes serious
injury to tourists or economic losses between 10,000 to 100,000 yuan
(including 10,000 yuan).
3. an serious accident refers to an accident which causes death or
makes tourists crippled due to serious injury or economic losses
between 100,000 and 1,000,000 yuan (including 100,000 yuan).
4. an extremely serious accident refers to an accident which causes
deaths of many tourists, or economic losses higher than 1,000,000
yuan , or accidents of serious nature which cause very negative
impact.
Article 9 When an accident occurs, people concerned on the site
should report to their own units and the local tourism
administrations immediately.
Article 10 Local tourism administrations , after being notified of
the ordinary, serious, extremely serious accidents, should report to
the local people's government as soon as possible, and should in the
mean time report to the national tourism administration in the case
of serious and extremely serious accidents.
Article 11 When ordinary, serious, extremely serious accidents
occur, local tourism administrations and relevant tourism
enterprises and institutions should actively assist other
departments concerned in organizing the emergency assistance to
tourists and dealing with aftermath matters properly.
CHAPTER IV Reward and Penalty
Article 12 Units achieving one of the following exemplary deeds
in the work of tourist safety management shall be encouraged and
awarded by tourism administrative departments at different levels
after appraising and checking :
1. sound tourist safety regulations, implementation of precautionary
measures, safety education, promotion and training , outstanding
work in preventing tourism safety accidents, and no occurrence of
ordinary accidents within a year;
2. outstanding assistance to accident-caused units in providing
emergency rescue and preventing serious losses;
3. remarkable achievement in other aspects of tourist safety.
Article 13 Individuals achieving one of the following exemplary
deeds in the work of tourist safety management shall be encouraged
and awarded by local tourism administrative departments at different
levels after appraising and checking :
1. devotion to tourism safety work with outstanding achievements in
preventing and eliminating the occurrence of accidents in one's own
unit;
2. righteous behaviour in rescuing tourists or protecting tourists'
belongings from heavy losses;
3. timely discovery of the hidden peril which prevents serious
accidents;
4. remarkable achievements in other aspects of tourist safety.
Article 14 Individuals or persons in charge of units who have one of
the following deeds in tourist safety work shall be examined
criticized or punished by tourism administrative departments at
different levels after checking and verifying :
1. serious breach of tourist safety regulations, resulting in
ordinary, serious, extremely serious accidents;
2. persons involving occurrence of serious, extremely serious
accidents caused by hidden peril which has not been discovered and
removed for a long time;
3. tourist safety facilities and equipment do not conform to the
standard and technical requirement, without responsible staff for a
long time and no rectification is conducted.
4. mismanagement of tourist safety resulting in very negative
impact.
CHAPTER V Additional Provisions
Article 15 The National Tourism Administration is responsible
for the interpretation of the Bylaws.
Article 16 The Bylaws shall come into force on March 1, 1994.
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Provisional Regulations
on the Reporting Procedures for Serious Tourist Accidents |
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(Issued by
the National Tourism Administration on April 15, 1993)
Article 1 The Provisional Regulations on the Reporting Procedures
for Serious Tourist Accidents (hereinafter referred to as the
Regulations) are formulated in order to obtain information timely
and to handle serious tourist accidents properly.
Article 2 Serious tourist accidents in the Regulations refer to :
accidents which cause serious injury, or death of overseas tourists
; serious fire or other pernicious accidents which occur in the
places of accommodation, transportation, sightseeing, dining,
recreation or shopping catering to overseas tourists ; accidents
which cause other serious economic losses.
Article 3 Tourism administrations of provinces, autonomous regions,
municipalities, cities with separate planning and member units in
the network of China Tourism Emergency Rescue Coordination Agency
(hereinafter referred to as the Reporting Units) are responsible for
reporting serious tourist accidents to the Organization for China
Tourism Emergency Coordination Agency.
Article 4 After being notified of serious tourist accidents
occurring in scenic spots, hotels, mode of transport or other
places, the reporting units, besides reporting to relevant local
departments, should also report the cases of the accidents to the
Organization for China Tourism Emergency Coordination Agency by fax,
telephone or other effective means.
Article 5 A report on a serious tourist accident should mainly
include :
1. the content of the first report after accident : time and place
of the accident; initial circumstances of the accident; units
handling the accident and other units concerning the accident; name,
unit and telephone number of the person who reports.
2. the content of the report in the course of handling the accident:
number of injuries and deaths, and name, gender, age, nationality,
name of group, passport number of the injured and dead; the progress
in handling the accident; the analysis on causes of the accident;
response and requests of departments concerned; other matters to be
reported.
3. reporting units, after the conclusion in handling of an accident,
should sum up the overall situation concerning the happening and
handling of the accident in a written report which? hould include:
the course and handling of the accident; the cause and
responsibility of the accident; lessons drawn from the accident and
precautionary measures for the future; aftermath handling and
compensation; opinions from the parties concerned and the victims'
families; remaining problems of the accident and other matters.
Article 6 The Organization for China Tourism Emergency Coordination,
when notified by the reporting units, should report timely to the
parties concerned and give answers towards what was reported..
Article 7 The Organization of China Tourism Emergency Rescue
Coordination is at the Department of General Coordinative Affairs of
the National Tourism Administration (Telephone: 65201623 Fax:
65122096 Address: A9 Jianguomennei Avenue, Beijing, 100740).
Article 8 The Regulations shall come into force starting from the
day of issuance. The National Tourism Administration shall be
responsible for the interpretation and revision of the Regulations. |
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Provisional Regulations
on the Handling Procedures for Serious Tourist Accidents |
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(Adopted at
the thirty-first Regular Meeting of the State Council on 3 January,
1989 and issued under Decree No. 34 of the State Council on 29
March, 1989)
Chapter I General Provisions
Article 1 The Provisional Regulations on the Investigation
Procedures Concerning Extremely Serious Accidents (hereinafter
referred to as the Regulations) are hereby formulated in order to
ensure smooth investigation into extremely serious accidents
(hereinafter called the Accident).
Article 2 The Accident provided for in the Regulations refers to
accidents that has caused extremely serious personal injuries or
deaths, or heavy economic loss, as well as accidents with extremely
serious impact.
Article 3 The Regulations apply to the inquiry and examination into
the Accident and exclude those prescribed in the laws, rules and
regulations of the State.
Article 4 The investigation into the Accident should adhere to the
principle of seeking truth from facts and respecting sciences.
Article 5 No unit (namely, institution, organization, etc.) or
person should illegally intervene in the inquiry into the Accident.
Chapter
II Accident Scene Protection and Accident Report
Article 6 Upon the occurrence of the
Accident, the units concerned where the Accident has happened,
should keep the scene intact.
Article 7 The unit to which the Accident has happened, should :
1.immediately report what has happened to its competent department,
to the local people's government of its location, and to the
people's government of the province, the autonomous region or the
municipality directly under the Central Government where the unit is
located, as well as to its competent department directly under the
State Council.
2.present an accident report within 24 hours to the departments
listed in Item 1.
Article 8 If the Accident involves both the sides of army and the
civilians, upon the occurrence of the Accident, the unit to which
the Accident has occurred should immediately report what has
happened to the local garrison headquarters or the highest military
organ, and should present an accident report to the aforesaid units
within 24 hours.
Article 9 Upon receipt of the Accident report, the people's
government of the province, the autonomous region or the
municipality directly under the Central Government as well as the
competent department directly under the State Council should
immediately report the issue to the State Council.
Article 10 The Accident report should include the following contents
:
1.the time and spot of the Accident as well as the unit to which the
Accident has happened;
2.a brief description of the Accident, the number of casualties or
deaths, and a preliminary estimate of the direct economic loss;
3.a preliminary judgment of the causes of the Accident;
4.the measures taken after the Accident and the situation on its
control;
5.the name of the unit that submits the report.
Chapter III
Accident Investigation
Article 16 Upon the occurrence of the Accident, the people's
government of the province, the autonomous region or the
municipality directly under the Central Government, or the competent
department (s) directly under the State Council, should set up,
according to the subordinate relationship of the unit to which the
Accident has happened, an investigation group responsible for the
examination of the Accident. If the Accident involves both sides of
the army and the civilians, the unit that is organizing the inquiry
into the Accident should invite the army to send personnel to take
part in the investigation.
Article 17 If the State Council considers that the Accident should
be examined by itself, the investigation group should be organized
and formed by the State Council or the department authorized to do
so by the State Council.
Article 18 The investigation group for the Accident should,
according to the specific case of the Accident, be formed by
personnel from such units as the competent department governing the
unit to which the Accident has happened, the department of public
security, the supervisory organ, the department for integrated
plans, and the department of labor, etc., and the personnel from
both the people's procuratorial organ and the trade union should be
invited to join in the inquiry. The investigation group may,
according to the needs of the investigation, invite personnel from
other departments or organizations for a joint investigation, or
experts concerned for technical appraisal and property loss
assessment.
Article 19 A member of the investigation group should satisfy the
following qualifications :
1.certain expertise necessary for the inquiry into the Accident;
2.no direct interest involved in the accident.
Chapter IV Penalty Provisions
Article 24 If a person has violated the Regulations by the
conduct of one of the following deeds, the investigation group for
the Accident may advise the departments or units concerned to give
disciplinary sanctions to the said person; and if the conduct of a
person is so serious as to constitute a crime, the said person will
be subject to the criminal penalty by the judicial organ according
to laws concerned :
1.a person who concealed and did not report, made a false report
about, or intentionally delayed the report of, the Accident;
2.a person who intentionally destroyed the scene of the Accident;
3.a person who hindered or interfered in the normal work of the
investigation group;
4.a person who had no sound reason but refused to accept the inquiry
by the investigation group, or refused to provide information or
materials related to the Accident.
Article 25 A member of the investigation group for the Accident, who
has been involved in one of the following conducts, will be given
disciplinary sanctions by the department concerned; and if the
conduct of a member is serious enough to constitute a crime, the
said member will be subject to the criminal penalty by the judicial
organ according to laws concerned :
1.a person who was so irresponsible for the investigation that it
resulted in extremely serious loopholes;
2.a person who asked for and took bribes, or harbored the person (s)
responsible for the accident while taking the chance for
retaliation.
Chapter V Additional Provisions
Article 26 The Accident should be handled by the department (s)
that has (have) organized the inquiry into the Accident or the
authorized department (s). If the State Council considers that the
Accident should be handled by itself, the Accident will be disposed
by the State Council or the department (s) empowered by the State
Council to do so. If the Accident involves both the army and the
civilians, it will be dealt with by the State Council and the
Central Military Commission, or by the department (s) vested with
such a power to do so by the State Council and the Central Military
Commission respectively.
Article 27 The Ministry of Labor is responsible for the
interpretation of the Regulations.
Article 28 The Regulations will enter into force from the date of
their issuance. |
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The Provisional
Regulations on the Investigation Procedures Concerning Extremely
Serious Accidents |
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Chapter I General Provisions
Article 1 The
Provisional Regulations on the Investigation Procedures Concerning
Extremely Serious Accidents (hereinafter referred to as the
Regulations) are hereby formulated in order to ensure smooth
investigation into extremely serious accidents (hereinafter called
the Accident).
Article 2 The Accident provided for in the Regulations refers to
accidents that has caused extremely serious personal injuries or
deaths, or heavy economic loss, as well as accidents with extremely
serious impact.
Article 3 The Regulations apply to the inquiry and examination into
the Accident and exclude those prescribed in the laws, rules and
regulations of the State.
Article 4 The investigation into the Accident should adhere to the
principle of seeking truth from facts and respecting sciences.
Article 5 No unit (namely, institution, organization, etc.) or
person should illegally intervene in the inquiry into the Accident.
Chapter II Accident Scene Protection and Accident Report
Article 6 Upon the occurrence of the Accident, the units concerned
where the Accident has happened, should keep the scene intact.
Article 7 The unit to which the Accident has happened, should:
1.immediately report what has happened to its competent department,
to the local people's government of its location, and to the
people's government of the province, the autonomous region or the
municipality directly under the Central Government where the unit is
located, as well as to its competent department directly under the
State Council.
2.present an accident report within 24 hours to the departments
listed in Item 1.
Article 8 If the Accident involves both the sides of army and the
civilians, upon the occurrence of the Accident, the unit to which
the Accident has occurred should immediately report what has
happened to the local garrison headquarters or the highest military
organ, and should present an accident report to the aforesaid units
within 24 hours.
Article 9 Upon receipt of the Accident report, the people's
government of the province, the autonomous region or the
municipality directly under the Central Government as well as the
competent department directly under the State Council should
immediately report the issue to the State Council.
Article 10 The Accident report should include the following
contents:
1.the time and spot of the Accident as well as the unit to which the
Accident has happened;
2.a brief description of the Accident, the number of casualties or
deaths, and a preliminary estimate of the direct economic loss;
3.a preliminary judgment of the causes of the Accident;
4.the measures taken after the Accident and the situation on its
control;
5.the name of the unit that submits the report.
Chapter III Accident Investigation
Article 16 Upon the occurrence of the Accident, the people's
government of the province, the autonomous region or the
municipality directly under the Central Government, or the competent
department (s) directly under the State Council, should set up,
according to the subordinate relationship of the unit to which the
Accident has happened, an investigation group responsible for the
examination of the Accident. If the Accident involves both sides of
the army and the civilians, the unit that is organizing the inquiry
into the Accident should invite the army to send personnel to take
part in the investigation.
Article 17 If the State Council considers that the Accident should
be examined by itself, the investigation group should be organized
and formed by the State Council or the department authorized to do
so by the State Council.
Article 18 The investigation group for the Accident should,
according to the specific case of the Accident, be formed by
personnel from such units as the competent department governing the
unit to which the Accident has happened, the department of public
security, the supervisory organ, the department for integrated
plans, and the department of labor, etc., and the personnel from
both the people's procuratorial organ and the trade union should be
invited to join in the inquiry. The investigation group may,
according to the needs of the investigation, invite personnel from
other departments or organizations for a joint investigation, or
experts concerned for technical appraisal and property loss
assessment.
Article 19 A member of the investigation group should satisfy the
following qualifications :
1.certain expertise necessary for the inquiry into the Accident;
2.no direct interest involved in the accident.
Chapter
IV Penalty Provisions
Article 24 If a person has violated the
Regulations by the conduct of one of the following deeds, the
investigation group for the Accident may advise the departments or
units concerned to give disciplinary sanctions to the said person;
and if the conduct of a person is so serious as to constitute a
crime, the said person will be subject to the criminal penalty by
the judicial organ according to laws concerned :
1.a person who concealed and did not report, made a false report
about, or intentionally delayed the report of, the Accident;
2.a person who intentionally destroyed the scene of the Accident;
3.a person who hindered or interfered in the normal work of the
investigation group;
4.a person who had no sound reason but refused to accept the inquiry
by the investigation group, or refused to provide information or
materials related to the Accident.
Article 25 A member of the investigation group for the Accident, who
has been involved in one of the following conducts, will be given
disciplinary sanctions by the department concerned; and if the
conduct of a member is serious enough to constitute a crime, the
said member will be subject to the criminal penalty by the judicial
organ according to laws concerned:
1.a person who was so irresponsible for the investigation that it
resulted in extremely serious loopholes;
2.a person who asked for and took bribes, or harbored the person (s)
responsible for the accident while taking the chance for
retaliation.
Chapter
V Additional Provisions
Article 26 The Accident should be handled by the department (s) that
has (have) organized the inquiry into the Accident or the authorized
department (s). If the State Council considers that the Accident
should be handled by itself, the Accident will be disposed by the
State Council or the department (s) empowered by the State Council
to do so. If the Accident involves both the army and the civilians,
it will be dealt with by the State Council and the Central Military
Commission, or by the department (s) vested with such a power to do
so by the State Council and the Central Military Commission
respectively.
Article 27 The Ministry of Labor is responsible for the
interpretation of the Regulations.
Article 28 The Regulations will enter into force from the date of
their issuance. |
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Frontier Health and
Quarantine Law of the People's Republic of China |
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(Adopted at the 18th
Meeting of the Standing Committee of the Sixth National People's
Congress, promulgated by Decree No. 46 of the President of the
People's Republic of China on December 2, 1986, and effective as of
May 1, 1987)
Chapter l General Provisions
Article 1 The law is formutaled in order to prevent infectious
diseases from spreading into or out of the country, to carry out
frontir health and quarantine inspection and to protect human
health.
Article 2 Frontir health and quarantine offices shall be set up at
inteinational seaports, airports and ports of entry at land
frontiers and boundary rivers (hereinarter referred to as the
Frontier ports) of the People's Republic of China. These offices
shall carry out the quarantine and monitoring of infectious
diseases, and health inspection in accordance with the provisions of
the Law. Health administration departments under the State Council
shall be in charge of frontier health and quarantine work throughout
the country.
Article 3 Infectious diseases specified in the Law shall include
quarantinable infectious diseases and infectious diseases to be
monitored. Quarantinable infectious diseases shall include
plague,cholera, yellow fever and other infectious diseases defined
and announced by the State Council. Infectious diseases to be
monitored shall be identified and announced by health administration
departments under the State Council.
Article 4 Persons, conveyances and transport equipment as well as an
articles such as baggage, goods and postal parcels that may transmit
quarantinable infectious diseases , shall undergo quarantine
inspection upon entering or exiting the country. No entry or exit
shall be allowed without the permission of a frontier health and
quarantine office. Specific measures for implementation of the Law
shall be stiputated in the Bylaws.
Article 5 On discovering a quarantinable infectious disease or a
disease suspected to be quarantinable, a frontier health and
quarantine offte shall, in addition to taking necessary measures,
immediately notify the local health administration department; at
the same time, it shall make a report to the health administration
department under the State Corncil by the most expeditious means
possible, within 24 hours at the latest. Post and telecommunications
departments shall give priority to transmissions of reports of
epidemic diseases. Information to be exchanged between the People's
Republic of China and foreign countries on the epidemic situation of
infectious diseases shall be handled by the health administration
department under the State Council in conjunction with other
departments concerned.
Article 6 When a quarantinable infectious disease is prevalent
abroad or within China, the State Council may order relevant
sections of the border to be blockaded or adopt other emergency
measures.
Chapter II Quarantine lnspection
Article 7 Persons and conveyances on entering the country shall be
subject to quarantine inspection at designated places at the first
frontier port of their arrival. Except for harbour pilots, no person
shall be allowed to embark on or disembark from any means of
transport and no articles such as baggage, goods or postal parcels
shall be loaded or unloaded without the permission of the health and
quarantine office. Specific measures for the implementation of this
Law shall be stipulated in the Bylaws.
Article 8 Persons and conveyances exiting the country shall be
subject to quarantine inspection at the last frontier port of
departure.
Article 9 When foreign ships or airborne vehicles anchor or land at
places other than frontier ports in China, the persons in charge of
the ships or airbome vehicles must report immediately to the nearest
frontier health and quarantine office or to the local health
administration department. Except for cases of emergency, no person
shall be allowed to embark on or disembark from the ship or airborne
vehicle, and no articles such as baggage, goods and postal parcels
shall be loaded or unloaded without the permission of a frontier
health and quarantine office or the local health administration
departmert,
Article 10 When a quarantinable infectious disease, a disease
suspected to be quarantinable or a death due to an unidentified
cause other than accidental harm is discovered at a frontier port,
the relevant department at the frontier port and the person in
charge of the conveyance must report immediately to the frontier
health and quarantine office and apply for provisional quarantine
inspection.
Article 11 According to the results of an inspection made by
quarantine doctors, the frontier health and quarantine office shall
sign and issue a quarantine certificate for entry or exit to a
conveyance either uncontaminated by any quarantinable infectious
disease or already given decontamination treatment.
Chapter III Monitoring of infectious diseases
Article 15 Frontier health and quarantine offices shall monitor
persons on entry or exit for quarantinable infectious diseases and
shall take necessary preventive and control measures.
Artile 16 Frontier health and quarantine offices shall be authorized
to require persons on ertry or exit to complete a health declaration
form and produce certificates of vaccination against certain
infectious diseases, a health cirtificate or other relevant
documents.
Article 17 For persons who suffer from infectious diseases to be
monitored, who come from areas of foreign countries where infectious
diseases to be monitored or who have close contact with patients
suffering from infectious diseases to be monitored, the frontier
health and quarantine offices shall, according to each case, issue
them medical convenience cards, keep them for inspection or take
other preventive or control measures, while promptly notifying the
local health administration depatment about such cases. Medical
services at all places shall give priority in consultation and
treatment to persons possessing medical convenience cards.
Chapter IV Health Supervision
Article 18 Frontier health and quarantine offices shall, in
accordance with state health standards, exercise health supervision
over the sanitary conditions at frontier ports and the sanitary
conditions of conveyances on entry or exit at frontier ports.They
shall :
(1)supervise and direct concerned personnel on the prevention and
elimination of rodents and insects that carry diseases;
(2)inspect and test food and drinking water and facilities for their
storage, supply ane delivery;
(3)supervise the health of employees engaged in the supply of food
and drinking water and check their health certificates;
(4)supervise and inspect the disposal of garbage, waste matter,
sewage, excrement and ballast water.
Article 19 Frontier health and quarantine offices shall have
frontier port health supervisors,who shall carry out the tasks
assigned by the frontier health and quarantine offices. In
performing their duties, frontier port health supervisors shall be
authorized to conduct health supervision and give technical guidance
regarding frontier ports and conveyances on entry or exit; to give
advice for improvement wherever sanitary conditions are
unsatisfactory and factors exist that may spread infectious
diseases; and to coordinate departments concerned to take necessary
measures and apply sanitary treatment.
Chapter V Legal Liability
Article 20 A frontier health and quarantine office may warn or fine,
according to the circumstances, any unit or individual that has
violated the provisions of the Law for committing one of the
following acts :
(1)evading quarantine inspection or concealing the truth in reports
to the frontier health and quaradtine office;
(2)embarking on or disembarking from conveyances upon entry, or
loading or unloading articles such as baggaged,goods and postal
parcels, without the permission of a frontier health and quarantine
office and without listening to the office's advice against such
acts. All fines thus collected shall be turned over to the state
treasury.
Article 21 If the party concerned refuses to obey a decision on a
fine made by a frontier health and quarantine office, he may, within
15 days after receiving notice of the fine, file a lawsuit in a
local people's court. The frontier health and quarantine office may
apply to the People's court for mandatory enforcement of a decision
if the party concerned neither files a lawsuit nor obeys the
decision within the 15-day term.
Article 22 If a quarantinable infectious disease is caused to spread
or is in great danger of being spread as a result of a violation of
the provisions of the Law, criminal responsibility shall be
investigated in accordance with Article 178 of the Criminal Law of
the People's Republic of China.
Article 23 The personnel of frontier health and quarantine offices
must enforce Law impartially, perform duties faithfully and promptly
conduct quarantine inspection on conveyances and persons upon entry
or exit. Those who violate the law or fail to perform their duties
shall be given disciplinary sanctions; when circumstances are
serious enough to constitute a crime criminal responsibility shall
be investigated in accordance with the law.
Chapter
VI Supplementary Provisions
Article 24 When the provisions of the Law
differ from those of international treaties on health and quarantine
that China has concluded or joined ,the provisions of such
international treaties shall prevail, with the exception of the
treaty clauses on which the People's Republic of China has declared
reservations.
Article 25 In cases of contact and exchange between frontier defence
units of the People's Republic of China and the neighbouring country
and in case of a temporary visit at a designated place along the
frontier by residents of the border areas of the two countries,
quarantine inspection on conveyances and persons of the two sides
shall be conducted in line with the agreements between China and the
other country or, in the absence of such an ageement, quarantine
inspection shall be conducted in accordance with the relevant
regulations of the Chinese Government.
Article 26 Frontier health and quarantine offices shall charge for
health and quarantine services according to state regulations.
Article 27 The health administration department under the Statd
Council shall, in accordance with the Law, formulate rules for its
implementation, which shall go into effect after being submitted to
and approved by the State Council.
Article 28 The law shall go into effect on May 1, 1987. On the same
day, the Frontier Health and Quarantine Regulations of the People's
Republic of China promulgated on December 23,1957 shall be
invalidated.
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Food Hygiene Lay of the
People's Republic of China |
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(Adopted at the 16th
Meeting of the Standing Committee of the Eighth National People's
Congress on Octoder 30, 1995, promulgated by Decree No. 59 of the
President of the People's Republic of China on October 30 ,1995 and
effective as of the date of promulgation)
Chapter I General Provisions
Artiele 1 The Law is promulgated for the purpose of ensuring food
hygiene, preventing food contamination and harmful substances from
injuring human health, safeguarding the health of the people and
improving their physical fitness.
Article 2 The State adopts a system of food hygiene supervision,
Article 3 The administrative department of public health under the
State Council shall be in chargd of supervision and control of food
hygiene throughout the country. Other relevant departments under the
State Council shall, within the scope of their respective functions
and terms of reference, be responsible for control of food hygiene.
Article 4 Whoever engages in food production or marketing within the
territory of the People's Republic of China must observe the Law. The
Law applies to all kinds of foods, food additives,
containers,packagings, utensils and equipment used for food,
detergents and disinfectants; it also applies to the premises,
facilites and environment associated with food production or
marketing.
Article 5 The State encourages and protects the social supervision
exercised by public organizations and individuals over food hygiene.
Any person shall have the right to inform the authorities and lodge a
complaint adout any violation of the Law.
Chapter II
Food Hygiene
Article 6 Food shall be nontoxic and harmless, in conformity to proper
nutritive requirements and have appropriate sensory features such as
colour, fragrance and taste.
Article 7 Principal and supplementary foods intended specially for
infants and preschool children shall conform to the nuritive and
hygienic standards promulgated by the administrative department of
public health under the State Council.
Article 8 In the process of food production and marketing, the
requirements for hygiene stated below shall be conformed to :
(1) The environment inside and outside any food production or
marketing establishments shall be kept clean and tiby; measures shall
be taken to eliminate flies, rodents, cockroaches and other harmful
insects and to remove conditions for their propagation; and a
prescribed distance shall be kept from any toxic or harmful site;
(2) An enterprise engaged in food production and marketing shall have
workshops or other premises for the preparation of raw materials and
for processing, packing and storage that are commensurate with the
varieties and quantities of the products handled;
(3) Appropriate facilities shall be made available for disinfection,
changing clothes, toilet, natural and artificial light, ventilation
prevention of spoilage, protection against dust, elimination of flies
and rodents, washing of equipment, sewage discharge and the
containment of garbage and other wastes;
(4) The layout of installations and the application of technological
processes shall be rational in order to prevent contamination between
foods to be processed and ready-to-eat foods, and between raw
materials and finished products; food must not be placed in contact
with any toxic substance or filth;
(5) Tableware, kitchenware and containers for ready-to-eat foods must
be cleaned and disinfected prior to use; cooking utensils and other
utensils must be washed after use and kept clean;
(6) Any containers, packagings, utensils and equipment used for the
storage, transportation, loading and unloading of food as well as the
conditions under which these operations are carried out must be safe,
harmless and kept clean in order to prevent food contamination;
Chapter III Hygiene of Food Additives
Article 11 The production, marketing and use of food additives must
conform to the hygiene standards for use of food additives and the
hygiene control regulations; the food additives that do not conform to
the hygiene standards and the hygiene control regulations may not be
marketed and used. Chapter IV Hygiene of Containers, Packagings,
Utensils and Equipment Used for Food
Article
12 Containers, packagings, utensils and equipment used for food
mustconform to the hygiene standards and the hygiene control
regulations.
Article
13 The raw materials for making containers, packagings, utensils and
equipment used for food must meet hygiene requirements. The finished
products should be easy to clean and disinfect. Chapter V Formulation
of Food Hygiene Standards and Regulations for Food Hygiene Control
Article 14 The administrative department of public health under the
State Council shall formulate or approve and promulgate the national
hygiene standards, hygiene control regulations and inspection
procedures for food, food additives, the containers, packagings,
utensils and equipment used for food , the detergents and
disinfectants used for washing food or utensils and equipmert used for
food , and the tolerances for contaminants and radioactive substances
in food.
Article 15 If the State has not formulated hygiene standards for a
certain kind of food, the people's governments of the provinces,
autonomous regions, or municipalities directly under the Central
Government may establish local hygiene standards for that food and
report them to the administrative department of public health under
the State Council and the competent standardization administration
department under the State Council for the record.
Article 16 Norms of significance to the science of health in the
national quality standards for food additves must be examined and
approved by the administrative department of public health under the
State Council. Appraisals on the safety for use of agricultural
chemicals, such as pesticides and chemical fertilzers, shall be
examined and approved by the administrative department of public
health under the State Council. Veterinary hygiene inspection
procedures for slaughtered livestock and poultry shall be formulated
jointly by the relevant administrative departments under the Statd
Council and the administrative department of public health under the
State Council.
Chapter VI
Food Hygiene Control
Article 17 The departments of the people's governments at various
levels in charge of control of food production or marketing shall
strengthen control or food hygiene and oversee the implementation of
the Law. The people's governments at various levels shall encourage
and support efforts to improve food processing technology so as to
promote the improvement of hygienic quality of food.
Article 18 Enterprises engaged in food production or marketing shall
improve their own system for food hygiene control, appoint full-time
or part-time workers to control food hygiene and strengthen inspection
of the foods they produce or market.
Article 19 The selection of sites and the designs for construction,
extension or renovation projects of enterprises engaged in food
production or marketing shall meet hygiene requirements, and the
administrative department of public health must participate in the
examination of those designs and in the inspection and acceptance of
finished projects.
Article 20 Before starting production or new varieties of food or food
additives with new resources, the enterprises engaged in their
production or marketing must submit the data required for evaluation
of the hygiene and nutrition of such products; before starting
production of new varieties of containers, packagings, packagings,
utensils or equipment used for foods, with new raw or processed
materials, the enterprises engaged in their production or marketing
must submit the data required for evaluation of the hygiene of such
products. Before the new varieties mentioned above are put into
production, it shall also be necessary to provide samples of the
varieties and the matter shall be reported for examination and
approval in accordance with the specified procedures for examining and
approving food hygiene standards.
Article 21 Any standardized packaged food or food additive must,
according to the requirements for different products, have the name of
the product, the place of manufacture, the name of the factory, the
date of manufacture, the batch number(or code number), the
specifications, the formula or principal ingredients, the date of
expiration for guaranteed quality, the method of consumption or use
and other such information indicated in the label of the package or
the product description. The product description for any food or food
additive shall not contain exaggerated or false advertising. The label
of the food package must be clearly printed and easy to read. Foods
sold on domestic markets must have labels in the Chinese language.
Chapter VII Food Hygiene Supervision
Article 32 The administrative departments of public health of the
local people's governments at or above the county level shall exercise
their functions and duties for food hygiene supervision within the
scope of their jurisdiction. The agencies for food hygiene supervision
set up by the administrative departments of railways and
communications shall exercise their functions and duties for food
hygiene supervision jointly prescribed by the administrative
department of public health under the State Council and other relevant
departments under the State Council,
Article 33 The duties for food hygiene supervision shall be as follows
:
(1) to provide monitoring, inspection and technical guidance for food
hygiene;
(2) to contribute to the training of personnel for food production and
marketing and to supervise the medical examination of such personnel;
(3) to disseminate knowledge of food hygiene and nutrition, provide
appraisals of food hygiene and publicize the existing situation in
food hygiene;
(4) to conduct hygiene inspection of sites selected or designs made
for construction, extension or renovation projects of enterprises
engaged in food production and marketing and participate in the
inspection and acceptance of finished projects;
(5) to undertake investigation of accidents involving food poisoning
or food contamination and take measures of control;
(6) to make a round of supervision and inspection to see whether any
act is committed against the Law;
Chapter VIII Legal Liability
Article 39 Whoever, in violation of the Law, produces or markets food
which is not up to the hygiene standards, thus causing an accident of
food poisoning or a disease caused by food-borne bacteria, shall be
ordered to stop the production or marketing; the food causing such
food poisoning or disease shall be destroyed; the illegal gains shall
be confiscated and a penalty of not less than one time and not more
than five times the illegal gains shall concurrently be imposed; if
there are no illegal gains , a penalty of not less than 1,000 yuan and
not more than 50,000 yuan shall be imposed. Whoever, in violation of
the Law, produces or markets food which is not up to the hygiene
standards, thus causing a serious accident of food poisoning or in a
disease caused by food-borne bacteria, and seriously harming human
health, or adulterates food he produces or markets with toxic or
harmful non-food raw materials, shall be investigated for criminal
responsibility according to law. If a person commits any of the acts
mentioned in this Article, his hygiene licence shall be revoked.
Article 40 If anyone, in violation of the Law, engages in food
production or marketing without obtaining a hygiene licence or with a
forged hygiene licence, such production or marketing shall be banned;
the illegal gains shall be confiscated and a penalty of not less than
one time and not more than five times the illegal income shall
concurrently be inposed; if there are no illegal gains, a penalty of
not less than 500 yuan and not more than 30,000 yuan shall be imposed.
If anyone alters or lends his hygiene licence, his hygiene licence and
the illegal gains shall be confiscated; and a penalty of not less than
one time and not more than three times the illegal gains shall
concurrently be imposed; if there are no illegal gains, a penalty of
not less than 500 yuan and not more than 10,000 yuan shall be imposed.
Article 41 If any food producer or marketer does not comply with the
hygiene requirements in violation of the Law, he shall be ordered to
set it right and given a disciplinary warning, and a penalty of not
more then 5,000 yuan may be imposed; if he refuses to set it right or
other serious circumstances are involved, his hygiene licence shall be
revoked.
Article 42 If anyone, in violation of the Law, produces or markets
foods of which the production and marketing is prohibited, he shall be
ordered to stop producing or marketing such foods and, a public
announcement shall be made immediately to recall the sold food and the
food shall be destroyed; the illegal gains shall be confiscated and a
penalty of not less than one time and not more than five times the
illegal gains shall concurrently be imposed; if there are no illegal
gains, a penalty of not less than 1,000 yuan and not more than 50,000
yuan shall be imposed; if the offence is serious, the offender's
hygiene licence shall be revoked.
Chapter IX Supplementary Provisions
Article 54 The definitions of the following terms in the Law are :
'Food' means any finished product or raw materials provided for people
to eat or drink, as well as any product that has traditionally served
as both food and medicament, with the exception of products used
solely for medical purposes.
'Food additive' means any synthetic compound or natural substance put
into food to improve its quality, colour, fragrance or taste, or for
the sake of preservation or processing.
'Food fortifier' means any natural or artificial food additive
belinging to the category of natural nutrients that is put into food
to increase its nutritive value. 'Containers and packagings used for
food' means products of various materials including paper, bamboo,
wood, metal, enamelware, ceramics, plastics, rubber, natural fibres,
synthetic fibres and glass that are used to wrap or contain food, as
well as paints or coatings that come in direct contact with food.
'Utensils and equipment used for food' means apparatus including
machinery, piping, conveyor belts, containers, utensils and tableware
that come in direct contact with food in the course of food production
and marketing. 'Food production and marketing' means all operations in
the production of food (other than planting and breeding) and
activities such as the gathering, purchase, processing, storage
transport, display, supply and sale of food. 'Producers or marketers
of food' means all units or individuals involved in food production or
marketing, including workers' dining halls and food vendors.
Article 55 Measures for the administration of food for export shall be
formulated separately by the national import and export commodities
inspection department in conjunction with the administrative
department of public health and other relevant administrative
departments under the State Council.
Article 56 Hygiene control measures for food specially used or
supplied for its own use of the army shall be formulated by the
Central Military Commission in accordance with the Law.
Article 57 The Law shall come into force as of the date of
promulgation . The Food Hygiene Law of the People's Republic of China
(for trial implementation) shall be annulled on the same date |
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