RULES FOR THE IMPLEMENTATION OF FRONTIER HEALTH AND QUARANTINE LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Approved by the State Council on February 10, 1989 and promul- gated by Decree No. 2 of the Ministry of Public Health on March 6, 1989) Contents Chapter I General Provisions Chapter II Report of Epidemic Situation Chapter III Health or Quarantine Organs Chapter IV Sea-port Quarantine Chapter V Air-port Quarantine Chapter VI Border Quarantine Chapter VII Sanitization Chapter VIII Administration of Epidemic Disease Quarantine Chapter IX Monitoring of Epidemic Disease Chapter X Health Supervision Chapter XI Penalty Provisions Chapter XII Supplementary Provisions Chapter I General Provisions Article 1 These Implementation Rules are formulated 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 For the purpose of the Frontier Health and Quarantine Law and these Implementation Rules, the definitions of the following terms are: "Inspection" means that the Frontier Health and Quarantine Organ (hereinafter referred to as the "Health and Quarantine Organ") carries out medical inspection and sanitary inspection. "Quarantinable Epidemic Victim" means a person who suffers from quarantinable infectious disease or a person who has been proved through primary diagnosis by the Health and Quarantine organ to have caught the quarantinable infectious disease or have become an incubation carrier. "Quarantinable Epidemic Suspect" means a person who has been exposed to the quarantinable epidemic environment and may transmit quarantinable infectious diseases. "Isolation" means that a person affected by a quarantinable epidemic disease is being detained in a designated place for medical treatment until there is no longer any risk of spreading the disease. "Check-up detention" means that a suspect carrier of a quarantinable epidemic disease is being detained in a designated place for diagnosis and check-up. "On-site clinical check-up" means that a person is required to go to the nearest health and quarantine organ or medical treatment unit for diagnosis and check-up within a specific period of time set by the health and quarantine organ or that the person is visited by people either from the health and quarantine organ or from the medical treatment unit for diagnosis and check-up. "Transportation facility" means cargo containers. "Sanitization" means both medical measures, including isolation, check-up detention and on-site clinical check-up; and "sanitary measures" including disinfection, deratization, and deinsectization. "To monitor epidemic diseases" means to carry out survey in a specific environment and among specific groups of people on matters relating to epidemiology, serology, etiology, and clinical symptoms; and to make prognostication of the incidence, development and spread of an epidemic disease. "Health supervision" means the sanitary inspection, identification, evaluation and sampling conducted in the implementation of the health law and hygienic standard. "Conveyance" means vessels, aircraft, trains and other motor vehicles. "Frontier ports" means international seaports, airports, railway or bus terminals on the border, and ports of entry at land frontiers and boundary rivers. Article 3 Duty range for health and quarantine organs on the frontier shall cover those hotels, restaurants and clubs on the frontier and those units that provide food or services for the incoming or outgoing conveyance and those places where quarantine inspection, sanitary monitoring and health supervision on the incoming or outgoing persons, conveyance, containers and goods are carried out. Article 4 All persons, conveyance and containers, as well as articles such as baggage, goods, postal parcels that may transmit quarantinable diseases are subject to quarantine inspection upon entering or exiting the country in accordance with these Rules, and entry and exit shall be allowed to them only after an approval is issued by the health and quarantine office. Article 5 When a quarantinable epidemic victim is discovered by the health and quarantine organ, measures must be taken promptly in accordance with the rules stipulated in Chapter VIII of these Rules to place him in isolation and prevent other persons from being infected. When a quarantinable epidemic suspect is found by the health and quarantine organ, he shall be dealt with in accordance with the rules stipulated in Chapter VIII. As for those suspects suffering from contagious diseases other than plague, cholera and yellow fever as defined in Chapter VIII of these Rules, they shall be subject to on-site clinical check-up or check-up detention as well as other measures of sanitization for a period of time not exceeding the longest incubation period of that contagious counting from the day they left the infected environment. Article 6 Health and quarantine organs are required to bar any quarantinable epidemic victims or suspects from exit, with the exception of those who come from abroad and have undergone on-site clinical check up on arrival. These persons can leave the port if they wish to; if they leave in conveyance, quarantine physicians are required to annotate and comment on their Exit Quarantine Certificates and to inform the person in charge of the conveyance to take the necessary precautionary measures. Article 7 When a death due to an unidentified cause other than accidental harm is discovered at a frontier port, the corpse shall be subject to quarantine inspection and only after an entry or exit permit is granted can the corpse be removed. Back to Top Article 8 When a quarantine infectious disease or a disease suspected to be quarantinable or a death due to an unidentified cause other than accidental harm is discovered on conveyance from a domestic pestilence area or in the course of a domestic voyage, the persons in charge of the conveyance are required to make a report to the health and quarantine organ on arrival at the frontier port and undergo preliminary quarantine inspection. Article 9 In times when quarantinable infectious diseases are prevailing at home or abroad, the administrative department of health under the State Council shall report the situation to the State Council for decisions on taking the following precautionary measures, partially or totally, in quarantine inspection: (1) giving orders to blockade relevant sections of the border and frontier water course; (2) giving orders that certain articles must be disinfected or treated with insecticides before they are allowed in or out of the country; (3) giving orders to prohibit shipment, in or out, of certain articles; (4) giving orders to designate the primary sea-ports and airports. Those vessels or aircraft from foreign pestilence areas, without going through quarantine inspection at the primary sea-port or airport, shall not be permitted to get into any other sea-port or airport, with the exception of cases of accidents or other special reasons. Article 10 Upon the arrival of containers, goods, or discarded used materials at the port ready for shipping in or out, the shipper, the carrier's agent or the consignor is required to report to the health and quarantine organ for inspection. Containers, goods, or used materials that come from pestilence area or have been contaminated by an epidemic disease or are likely to spread quarantinable epidemic diseases or are found to have carried rodents which affect human health and vectors are required to undergo disinfection, deratization, deinsectization and other necessary sanitization process. If the owner of the containers, goods or discarded used materials asks to go through quarantine inspection or sanitization in other places, the health and quarantine organ shall provide convenience and carry out the task in accordance with regulations. The Customs office shall let them pass after checking the sanitization certificate issued by the health and quarantine organ. Article 11 Special articles which enter or leave the country such as microzoaria, human tissue, biological, blood and hemoproducts shall be subject to health and quarantine inspection. The carrier, the shipper or the parcel sender of the above mentioned articles is required to declare at the health and quarantine organ for inspection. Without permission by the health and quarantine organ, there shall be no entry or exit of such articles. The Customs office shall let them pass after checking the Certificate of Approval for Special Articles issued by the health and quarantine organ. Article 12 Luggage and other articles carried along by incoming or outgoing passengers or staff members or by means of registered shipment that may spread quarantinable epidemic diseases, are required to undergo hygienic examination. The health and quarantine organ shall exercise sanitization or destruction of the foods, drinks and aquatic products that come from the pestilence area or have been contaminated with epidemic diseases and issue a sanitization certificate. The customs office shall let them pass after checking the sanitization certificate issued by the health and quarantine organ. Article 13 When the health and quarantine organ conducts health examination and sanitization of the registered parcels, the postal unit is required to offer cooperation. Without permission by the health and quarantine organ, the postal unit may not ship the parcels. Article 14 The health administrative department under the State Council is the organ of authority for making the various kinds of health and quarantine forms, certificates as well as for their issuance. Back to Top Chapter II Report of Epidemic Situation Article 15 On discovering at, or on a conveyance at a frontier port a quarantinable infectious disease, a disease suspected to be quarantinable or a death due to an unidentified cause other than accidental harm, the relevant department at the frontier port and the person in charge of the conveyance must report immediately to the health and quarantine office. Article 16 When the health and quarantine organ has discovered any quarantinable epidemic cases or monitored epidemic diseases or any disease suspected to be quarantinable, it must inform the local health administrative unit and the epidemic prevention unit. When a quarantinable disease is discovered, it must be promptly reported to the health administrative department under the State Council. On the other hand, if the local epidemic prevention unit has discovered any quarantinable epidemic cases or monitored epidemic diseases, it must keep the health and quarantine organ informed about the matter. Article 17 At the time when any quarantinable epidemic disease is prevalent in certain regions at home or abroad, the health administrative department under the State Council may declare the regions as pestilence areas. Back to Top Chapter III Health and Quarantine Organs Article 18 The health and quarantine organ may set up its agent organ if necessary. The setting up, amalgamation or dissolution of any health and quarantine organ shall be decided by the health administrative department under the State Council. Article 19 The studies of the health and quarantine organ are as follows: (1) enforce "The Frontier Health and Quarantine Law" and the rules for implementation of this law as well as other state regulations concerning public health; (2) collect, analyze information and report about the occurrence, prevalence and the cessation of quarantinable epidemic diseases at the frontier port or abroad; (3) exercise sanitary supervision at the frontier port and conduct quarantine inspection, epidemic disease monitoring, sanitary control and sanitization to the conveyances, passengers, containers, corpses, human bones as well as luggage, goods, postal parcels that may spread quarantinable epidemic diseases; (4) carry out health and quarantine inspection of any special articles such as exported or imported microzoaria, biological, human tissue, blood and hemoproducts as well as some animals that may spread human epidemic diseases; (5) offer services in preventive inoculation, physical check-up, medical treatment, consultancy on hygiene and health for international travellers; (6) issue health and quarantine certificates; (7) make epidemiological survey and carry out scientific experiments; (8) fulfil other tasks assigned to it by the health administrative department under the State Council. Article 20 Duties of the frontier health supervisor: (1) exercise sanitary control and carry out publicity on hygiene and health to the conveyances at the frontier port or parked on the border waiting for exit or entry; (2) give technical guidance in sanitization, such as disinfection, deratization and deinsectization; (3) make investigation into the cases that has caused the spread of epidemic diseases and the proliferation of rodent, vector insects, food- poisoning and food-borne contamination, and suggest control measures. Article 21 When performing its duties, the health and quarantine inspector and border health supervisor are required to wear their quarantine uniform and their quarantine budges. Their conveyances at work are required to bear quarantine flags. The design of quarantine uniform, sign and flag and their uses shall be determined jointly by the health administrative department under the State Council and other departments concerned, subject to ratification by the State Council. Back to Top Chapter IV Seaport Quarantine Article 22 Quarantine inspection for incoming vessels must be carried out at quarantine anchorage or at the designated place approved by the health and quarantine organ. Quarantine anchorage shall be decided jointly by the harbour superintendency administration and the health and quarantine organ. A report about the decision shall be presented to the transportation department and the health administration department under the State Council for the record. Article 23 Prior to the arrival of the vessel subject to entry quarantine inspection, the shipping agent is required to inform the health and quarantine organ at the earliest possible time of the following matters: (1) name and nationality of the vessel, scheduled date and time of arrival at the quarantine anchorage; (2) port of departure and port of last call; (3) number of crew and passengers; (4) type of cargo. The harbour superintendency administration must inform the health and quarantine organ at the earliest possible time of the scheduled arrival date and time of the vessel at the quarantine anchorage. Article 24 In the course of navigation, if a quarantinable epidemic disease, a disease suspected to be quarantinable, or a death due to an unidentified cause other than accidental harm is discovered, the captain must make a prompt report to the health and quarantine organ about the following matters: (1) name and nationality of the vessel, scheduled date and time of arrival at the quarantine anchorage; (2) port of departure and port of final call; (3) number of crew and passengers; (4) type of cargo; (5) name of disease or principal symptoms, number of cases and deaths; (6) whether there are any vessel doctors on board the vessel. Article 25 All vessels subject to entry quarantine inspection are required to hoist quarantine signals ready for inspection. Without getting an Entry Quarantine Permit issued by the health and quarantine organ, the quarantine signals shall not be lowered. In the day time, an international signal flag shall be put up at a conspicuous place on the vessel: (1) The "Q" sign flag means that the vessel is free from quarantinable epidemic diseases, and is applying for an Entry Quarantine Permit; (2) The "QQ" sign flag means that the vessel has on board a quarantinable epidemic disease or a disease suspected to be quarantinable and asks for instant quarantine sanitization. During the night, a light-signal shall be put up vertically at a conspicuous place on the vessel: (1) Three red lights indicate that the vessel is free from quarantinable epidemic disease and is applying for an Entry Quarantine Permit; (2) Four lights in the order of Red-Red-White-Red indicate that the vessel has been contaminated by a quarantinable epidemic disease or a disease suspected to be quarantinable and asks for instant quarantine sanitization. Article 26 No persons other than navigation pilot and those approved by the health and quarantine organ shall be allowed to get on board the vessel(s) with quarantine flag or light signal(s); no unloading of luggage, cargo, postal parcels shall be allowed; no other vessel shall be allowed to get close; no crew member shall be allowed to leave the vessel without the approval by the health and quarantine organ, unless the vessel is in distress. The navigation pilot shall not guide the vessel(s) away from the quarantine anchorage. Article 27 Vessel(s) applying for quarantine inspection by telecommunication must first submit an application to the health and quarantine organ. A sanitary certificate shall be issued to the qualified vessel(s) which may apply for telecommunicated quarantine inspection within 12 months as of the issuance of the certificate. Article 28 The vessel with valid sanitary certificate must make a report, twenty-four hours prior to its arrival, to the health and quarantine organ about the following matters: (1) name and nationality of the vessel, scheduled date and time of arrival at the quarantine anchorage; (2) port of departure and port of last call; (3) number of crew and passengers and their state of health; (4) type of cargo; (5) date of issuance and number of the vessel's sanitary certificate; date and port of issuance of the deratization certificate or a deratization laissez-passer, as well as other sanitary documents. Upon approval of the above report, the vessel(s) may enter the port. Article 29 Entry quarantine inspection of vessel(s) shall be conducted between sunrise and sunset. Round-the-clock quarantine inspection shall be conducted on vessel(s) at the port which have night navigation conditions for docking and unloading of cargo. No night-time quarantine inspection shall be conducted on vessel(s) from pestilence areas. Article 30 The captain of the entry vessel is required to show the quarantine physician on board the vessel health declaration, crew member list, passenger manifest and cargo declaration, signed by the captain or the vessel physician, and a deratization certificate or a deratization laissez-passer. During the inspection, the quarantine physician has the right to read the deck logbook and other related documents; he may ask for detailed information about the sanitary situation of the vessel during its navigation course, if he considers it necessary and the captain or the vessel physician must give the true facts. The answers in written form must bear the signature of the captain and that of the vessel physician. Back to Top Article 31 After completion of entry quarantine inspection of the vessel, the quarantine physician is required to sign and issue an Entry Quarantine Permit without delay; if the vessel needs to go through sanitization or is subject to certain restrictions, a footnote and signature must be made on the Permit and measures shall be taken accordingly; if the vessel is contaminated or is suspected to be contaminated with a quarantine disease, the harbour superintendency administration shall be informed and a sanitization notice shall be given to the vessel. The navigation pilot and those persons approved by the health and quarantine organ are required to undergo sanitization together with crew members and passengers. The Entry Quarantine Permit shall be issued to the vessel only after the necessary sanitization is completed. Having received the Entry Quarantine Permit issued by the health and quarantine organ, the quarantine flag and light signal(s) may be lowered. Article 32 Before departure of an exit vessel, the shipping agent is required to inform the health and quarantine organ at the earliest possible time of the following matters: (1) name and nationality of vessel and scheduled date and time of departure; (2) destination port and primary departure port; (3) crew member list and passenger manifest; (4) type of cargo. The harbour superintendency administration is required to notify the health and quarantine organ at the earliest possible time of the fixed date and time of departure of the exit vessel(s). If there is no change in crew members and passengers, the vessel receiving entry and exit quarantine inspections at the same port may get a P.W.E. If there is a change in crew members or passengers, revised manifest shall be required. Article 33 The captain of the vessel receiving exit quarantine inspection is required to show the deratization certificate or the deratization laissez-passer and other related quarantine documents to the health and quarantine organ. The quarantine physician may ask the captain or the vessel physician for further details about the state of health of the crew members and the passengers as well as the sanitary situation on the vessel; the captain and the vessel physician are required to give true-to-fact answers. Article 34 Upon completion of quarantine inspection on an exit vessel, the quarantine physician must sign and issue an Exit Quarantine Permit without delay. If the vessel cannot yet sail at the scheduled time due to sanitization, the health and quarantine organ is required to notify the harbour superintendency administration immediately. Article 35 After quarantine inspection on an exit vessel is completed, no persons other than the navigation pilot and those approved by the health and quarantine organ shall be allowed to go on board the vessel, no loading and unloading of luggage, cargo or postal parcels shall be allowed. Any violation of the rules may cause the vessel to undergo quarantine re-inspection. Back to Top Chapter V Airport Quarantine Article 36 Aircraft shall be prohibited from dumping or be allowed to drop any articles that may spread epidemic diseases while flying. Article 37 The aviation station that conducts health and quarantine inspection is required to inform the health and quarantine organ at the earliest possible time of the following matters: (1) nationality, make, number and markings of the aircraft and its scheduled arrival time; (2) departure airport, stop-over airport and destination airport; (3) number of crew members and passengers. Article 38 In the course of flight, if any quarantinable epidemic disease, a disease suspected to be quarantinable, or a death due to an unidentified cause other than accidental harm is discovered, the captain of the aircraft subject to entry quarantine inspection is required to inform the airport of the matter and report to the health and quarantine organ about the following matters: (1) nationality, make, number and markings of the aircraft and its scheduled arrival time; (2) departure airport, stop-over airport and destination airport; (3) number of crew members and passengers; (4) name of disease or principal symptoms, number of cases and deaths. Article 39 After an aircraft subject to entry quarantine inspection lands at the airport, the quarantine physician shall get on board first. The aircraft captain or his authorized agent is required to submit to the health and quarantine organ the general declaration, passenger manifest, deck cargo declaration and the valid deinsectization certificate and other related quarantine documents; the aircraft captain or his authorized agent is required to give true-to-fact answers to the inquiries from the quarantine physician about the sanitary situation on the aircraft. Before completion of quarantine inspection, no persons other than those approved by the health and quarantine organ are allowed to get on or off the aircraft; no loading and unloading of luggage, cargo and postal parcels shall be permitted. Article 40 Entry passengers are required to undergo entry quarantine inspection at the appointed place and answer the quarantine physician's inquiries orally or in written form. During the inspection time entry passengers shall not be allowed to leave the inspection place. Article 41 Upon completion of entry quarantine inspection of the aircraft, the quarantine physician must sign and issue an Entry Quarantine Permit to the aircraft which is free from contamination. If the aircraft needs to undergo sanitization or is subject to certain restrictions, a footnote and signature must be made on the Permit and the aircraft captain or his authorized agent shall be responsible for taking necessary measures accordingly; if the aircraft is proved to be contaminated, a sanitization notice shall be given to the aircraft and the aircraft shall be notified. After the required sanitization is done, an Entry Quarantine Permit shall be issued to the aircraft. Article 42 Prior to the departure of the aircraft subject to exit quarantine inspection, the airport is required to submit to the health and quarantine organ the general declaration, deck cargo declaration and other documents related to quarantine and to inform it of the following matters: (1) nationality, make, number and markings of the aircraft and its scheduled time of departure; (2) stop-over airport(s) and destination airport; (3) number of crew members and passengers. Article 43 Upon completion of exit quarantine inspection of the aircraft, the quarantine physician must sign and issue an Exit Quarantine Permit to the aircraft which is free from contamination, or, such Permit shall be issued upon completion of the necessary sanitization; if the aircraft cannot take off at the scheduled time due to sanitization; the health and quarantine organ must notify the airport without delay. Back to Top Chapter VI Border Quarantine Article 44 Prior to the arrival of the trains subject to entry quarantine inspection, the railway station is required to inform the health and quarantine organ of the following matters: (1) train number and scheduled arrival time; (2) primary departure station; (3) train marshalling. Article 45 After the train or other motor vehicle subject to entry quarantine inspection arrives at the railway station on the border, the quarantine physician shall get on board the train first. The head of train crew or the person in charge of the vehicle is required to submit a report either orally or in written form to the health and quarantine organ on the state of health of the persons on board and to give true-to-fact answers to the inquiries by the quarantine physician concerning sanitary and health conditions on board. Article 46 During quarantine inspection, without permission by the health and quarantine organ, no persons shall be allowed to get on or off the train to other vehicle which is subjected to entry quarantine inspection; no loading or unloading of luggage, cargo or postal parcels shall be permitted. Article 47 Prior to the departure of the train subject to exit quarantine inspection, the railway station is required to inform the health and quarantine organ at the earliest possible time of the following matters: (1) train number and scheduled departure time; (2) destination station; (3) train marshalling. Article 48 During its course of transportation, if a quarantinable infectious disease, a disease suspected to be quarantinable, or a death due to an unidentified cause other than accidental harm is discovered on the train or other vehicle subject to entry or exit quarantine inspection, the head of the train crew or the person in charge of the vehicle is required to report to the health and quarantine organ about the matter upon arrival at the border station. Article 49 In case that a quarantine infectious disease or a disease suspected to be quarantinable is discovered on the train subject to entry or exit quarantine inspection, or in case that the train is unable to leave at scheduled time due to sanitization, the health and quarantine organ is required to inform the station master of the case without delay. If the parking place is not suitable for sanitization, the station master can decide on another place within the station for sanitization. Before completion of sanitization, without permission by the health and quarantine organ, no person shall be allowed to get off or on the train, no loading or unloading of luggage, goods or postal parcels shall be permitted. In order that the entry through train can run normally, the health and quarantine organ may have its personnel exercise quarantine inspection on board the train in operation. The head of the train crew shall provide conveniences. Article 50 After completion of entry or exit quarantine inspection or necessary sanitization to the train or other vehicle, the quarantine physician is required to sign and issue an exit and entry quarantine certificate according to quarantine inspection results. Article 51 Those who enter or leave the country at the border on foot are required to undergo entry or exit quarantine inspection at a designated place. Without permission by the health and quarantine organ, no one may leave the designated place. Article 52 Any train or vehicle, coming from pestilence area, or having been contaminated or being suspected to have been contaminated with an epidemic disease or being found to have carried goods with rodent or pests that may spread an epidemic disease, shall be required to undergo health inspection and necessary sanitization. Back to Top Chapter VII Sanitization Article 53 While performing sanitization, the health and quarantine officers are required to see to it that: (1) no one's health is endangered; (2) no damage is done to the structure of and the equipment on the vehicle; (3) no fire is caused; (4) no damage is done to the luggage or goods. Article 54 The sanitization that exit or entry containers, luggage, goods or postal parcels are required to undergo shall be conducted by the health and quarantine organ. Any conveyance waiting for entry or exit is subject to disinfectization, deratization, deinsectization and other necessary sanitization when found to be in any one of the following conditions: (1) having come from a pestilence area; (2) being contaminated by a quarantinable epidemic disease; (3) revealing the presence of rodents which affect human health or insects which are carriers of disease and their number exceeds the state standard. Article 55 Goods that are shipped from abroad and are only passing through the People's Republic of China, shall, if there is no transshipment, be exempted from sanitization except in cases where events of epidemiological significance have taken place. Article 56 According to the extent of contamination, the health and quarantine organ shall exercise disinfectization, deratization or insectization respectively to the used materials waiting for entry or exit and to the used transportation vehicles that were in operation at foreign ports. In case of serious contamination, the used materials or vehicles shall be destroyed. Article 57 Prior to the entry or exit of human remains or ashes, the shipper or the agent is required to apply for health and quarantine inspection and to present a certificate of cause of death or other related documents. If it fails to meet the hygiene requirements, it is required to undergo sanitization by the health and quarantine organ. Only with an entry or exit license issued by the health and quarantine organ can the remains or ashes be shipped in or out. The corpse of anyone who died from a quarantinable epidemic disease must be cremated at a nearby place. Back to Top Article 58 In the case that a conveyance has previously undergone sanitization at another port, it is not necessary to conduct sanitization again upon its arrival unless any one of the following circumstances applies: (1) when events of epidemiological significance have taken place either at the port where the conveyance underwent sanitization or on board that conveyance; (2) when sanitization undertaken at other port proved to be practically ineffective. Article 59 In the case when any rodent is found to have died of unusual or unknown cause either at the border port or on the conveyance, the border port authorities or the captain of the conveyance is required to the health and quarantine organ about the case without delay so that prompt examination and sanitization can be carried out. Article 60 The captain of a ship of international voyage is required to apply to the health and quarantine organ for inspection of rat damage every 6 months. The health and quarantine organ shall exercise deratization or dispense with deratization according to the result of the inspection and issue a certificate of deratization or a deratization laissez-passer which shall be valid for 6 months from the day it is issued. Article 61 Only under any one of the following circumstances shall the health and quarantine organ issue a certificate of exemption of deratization after making sure that the vessel is free of rodents: (1) when the hold is bare; (2) when there is ballast or other goods in the hold, but these goods do not lure the mice and the layout of the goods does not hinder the inspection. When an oil tanker is in full load, a certificate of exemption of deratization may be issued. Article 62 Normally the inspection of rat-damage or deratization shall be carried out while the hold is bare. If the vessel can not undergo rat-damage inspection or deratization by means of steam sterilization in due time owing to some reason or other, and it is sailing towards a port convenient for inspection or deratization, the term of validity of deratization certificate or the deratization laissez-passers the vessel is holding may be extended for one month, and the extended certificate may be issued. Article 63 In the situation when the deratization certificate or the deratization laissez-passer of a vessel is still valid, but the vessel is found to have caught the plague or is suspected to have caught the plague, the health and quarantine organ must inform the captain that his vessel is required to undergo deratization by means of steam sterilization in accordance with the standard set by the state, and the captain must act as required. Article 64 While anchoring at the port, the captain is required to take effective measures as follows: (1) the mooring rope must have effective rat guard or the like; (2) at night the accommodation ladder and the gang board must be illuminated by strong searchlight; (3) when any dead rat is found or any rat is trapped, it is required to report to the health and quarantine organ. Article 65 At the border port, if rodents are found on any home vessel of domestic voyage, the vessel must undertake deratization by itself. Upon application, the health quarantine organ may exercise deratization. Article 66 When necessary, the health administrative department under the State Council shall order the health and quarantine organs to check the valid certificate of certain preventive inoculation or health certificate of the persons upon their arrival at the entry port from abroad or from certain regions. Article 67 Term of validity of preventive inoculation are as follows: (1) For yellow fever vaccine, it is valid for 10 years from the day of inoculation. If the second inoculation follows the previous one is less than 10 years, it is valid for 10 years from the day of reinoculation. (2) As for other kinds of inoculation, their term of validity shall be stated in related regulations. Back to Top Chapter VIII Control of Quarantinable Epidemic Disease Section I The Plague Article 68 Incubation period of the plague is 6 days. Article 69 Under any one of the following circumstances, a vessel or an aircraft, upon its arrival, shall be considered as having been contaminated with the plague: (1) any plague case is found on the vessel or aircraft; (2) any rodent is found to have caught the plague on the vessel or aircraft; (3) any person is found to have caught the plague 6 days after he/she boarded the vessel. Article 70 Under any one of the following circumstances, the vessel shall be considered as being suspected to have caught the plague: (1) there is no plague case but there were persons who caught the plague 6 days after they had boarded the vessel; (2) unusual death of rodent is found on the vessel and its cause of death is unknown. Article 71 A vessel or an aircraft contaminated with the plague shall undergo sanitization as follows: (1) the person(s) who has contracted the plague shall be placed in isolation; (2) the plague suspect(s) shall undergo deinsectization and shall have on site clinical check-up or check-up detention for less than 6 days. During this period, no crew member shall be allowed to go on shore except those whose work requires them to do so and who are permitted by the health and quarantine organ; (3) the luggage and belongings of a plague victim or plague suspect and other articles that the health and quarantine organ considers as having been contaminated shall undergo deinsectization or disinfection if necessary; (4) the places that have been occupied by the plague victim, or that are suspected of having been contaminated with the plague, shall undergo deinsectization or disinfection if necessary; (5) if any rodent on a vessel or on an aircraft is found to have caught the plague, the health and quarantine organ shall exercise deratization. If rodent is found to have not been contaminated with the plague, the health and quarantine organ may also exercise deratization. Deratization shall be conducted when the vessel is isolated and before unloading of cargo; (6) the health and quarantine organ shall supervise the unloading of cargo and see to it that the workers shall not be contaminated. If necessary, these workers shall have on-site clinical check-up or check-up detention for less than 6 days after completion of the unloading. Article 72 The vessel that is suspected of having caught the plague shall undergo sanitization as stipulated in Items 2 to 6 of Article 71 of these Implementation Rules. Article 73 The health and quarantine organ may, when it deems necessary, take the following sanitization measures to the vessel or aircraft coming from the plague prevalent area but free from contamination: (1) the plague suspect(s) shall be required to have on-site clinical check-up or check-up detention for a period of less than 6 days from the day the vessel or aircraft left the pestilence area; (2) under special circumstances, the vessel or aircraft must undergo deratization. Article 74 Upon arrival, a train or other motor vehicle on which any plague case is found shall undergo sanitization as follows: (1) to undergo sanitization as stipulated in Items 1, 3, 4 and 6 of Article 71 of these Implementation Rules; (2) plague suspect(s) shall undergo disinsectization and have on-site clinical check-up or check-up detention for a period of less than 6 days from the date of arrival; (3) when necessary, the train or other motor vehicle shall undergo deratization. Section II Cholera Article 75 Incubation period of cholera is 5 days. Article 76 A vessel shall be considered as having been contaminated with cholera when any cholera case is found on board upon its arrival or there were cholera cases on board within 5 days before its arrival. The vessel shall be suspected of having been contaminated with cholera if there were cholera cases during its voyage but there have been no additional cases within 5 days before its arrival. Article 77 The aircraft shall be considered as having been contaminated with cholera if there is any cholera case on board. The aircraft shall be suspected of having been contaminated with cholera if there were cholera cases on board during the flight but the cases have left the aircraft before arrival. Back to Top Article 78 The vessel or aircraft contaminated with cholera is required to undergo sanitization as follows: (1) the person(s) contaminated with cholera shall be placed in isolation; (2) crew members and passengers leaving the vessel or aircraft are required to have on-site clinical check-up or check-up detention for a period of less than 5 days counting from the day the vessel or aircraft underwent sanitization. No crew member is allowed to go on shore within 5 days after its arrival with the exception of those whose work requires them to do so and who are permitted by the health quarantine organ; (3) the luggage and belongings of the cholera cases or of the suspects and other articles or food that are suspected of having been contaminated shall be disinfected; (4) the places that have been occupied by the cholera cases and the places that are suspected of having been contaminated with cholera shall undergo disinfections; (5) the drinking water that has been contaminated or is suspected of having been contaminated with cholera shall be disinfected before being drained off and the fresh water tank shall be disinfected before being refilled with clean water; (6) human discharges, rubbish, used water, spent material, and the ballast water filled in the cholera prevalent area are not allowed to be discharged or unloaded without disinfections; (7) the health and quarantine organ shall supervise the unloading of goods and see to it that the workers shall not be contaminated. When necessary, these workers shall have on-site clinical check-up or check-up detention for a period of less than 5 days after completion of the unloading. Article 79 The vessel or aircraft that is suspected of having been contaminated with cholera is required to undergo sanitization as follows: (1) it is required to undergo sanitization as stipulated in Items 2 to 7 of Article 78 of these Implementation Rules; (2) crew members and passengers leaving the vessel or aircraft shall either have on-site clinical check-up or check-up detention for a period of less than 5 days counting from the day of its arrival, or they may have on-site clinical check-up or check-up detention for a period of less than 5 days counting from the day they left the cholera prevalent area. During this period, no crew member is allowed to leave the port zone with the exception of those whose work requires them to do so and who are permitted by the health and quarantine organ. Article 80 The vessel or aircraft coming from a cholera prevalent but free from contamination may undergo sanitization as follows if the health and quarantine organ thinks it necessary: (1) to undergo sanitization as stipulated in Items 5 and 6 of Article 78 of these Implementation Rules; (2) the crew members and passengers leaving the vessel or aircraft are required to have on-site clinical check-up or check-up detention for a period of less than 5 days beginning from the day they left the cholera prevalent area. Article 81 Upon arrival, the train or other vehicle on which any cholera case is found is required to undergo sanitization as follows: (1) to undergo sanitization as stipulated in Items 1, 3, 4, 5, 7 of Article 78 of these Implementation Rules; (2) the cholera suspect(s) shall undergo on-site clinical check-up or check-up detention for a period of less than 5 days starting from the day of arrival. Article 82 The conveyance coming from a cholera prevalent area or suspected of having been contaminated with cholera shall undergo disinsectization and disinfection if the health and quarantine organ thinks it necessary. If the conveyance carries aquatic products, fruit, vegetables, drinks or other food, no unloading shall be allowed without the permission by the health and quarantine organ. When necessary, they have to undergo sanitization, with the exception of those food canned in air-tight containers and free from contamination. Article 83 During inspection on the aquatic products, fruit, vegetable, drinks or postal parcels containing such food shipped from a cholera prevalent area, the health and quarantine organ shall exercise sample examination in order to determine whether the food has been contaminated, when necessary, sanitization of the food shall be conducted. Back to Top Section III Yellow Fever Article 84 Incubation period of yellow fever is 6 days. Article 85 People coming from a yellow fever prevalent area are required to present valid certificate of inoculation against yellow fever to the health and quarantine organ upon entry. For those without valid certificate of inoculation, the health and quarantine organ may exercise check-up detention for a period of 6 days counting from the day they left the contaminated place or they may have on-site inoculation against yellow fever and stay until the certificate comes into effect. Article 86 An aircraft shall be considered as having been contaminated with yellow fever when yellow fever cases are found on board upon its arrival. Article 87 An aircraft coming from a yellow fever prevalent area is required to present disinsectization certificate issued before the flight. If it fails to present the disinfectization certificate, or the health and quarantine organ considers that the certificate is not up to the requirements and live mosquitoes are found inside the aircraft, then the aircraft shall be suspected of having been contaminated with yellow fever. Article 88 A vessel shall be considered as having been contaminated with yellow fever when yellow fever cases are found on board upon arrival or there were yellow fever cases on board during the voyage. The vessel shall be suspected of having been contaminated with yellow fever if it left the yellow fever prevalent area less than 6 days ago, or less than 30 days whole aedes aegypti or other causitive mosquitoes are found on board. Article 89 A vessel or an aircraft contaminated with yellow fever is required to undergo sanitization as follows: (1) the person(s) contaminated with yellow fever shall be placed in isolation; (2) crew members and passengers leaving the vessel or the aircraft without a valid certificate of inoculation against yellow fever are required to undergo sanitization as stipulated in Article 85 of these Implementation Rules; (3) aedes aegypti, its eggs and larvae as well as other causitive mosquitoes must be eliminated completely and, before completion of disinsectization, the vessel is required to keep away from the shore or other vessels at a distance of at least 400 meters; (4) unloading work must be carried out after disinsectization. If it must be done before disinsectization, the health and quarantine organ is required to supervise the work and see to it that no worker shall be contaminated. If necessary, the workers shall have on-site clinical check-up or check-up detention for a period of 6 days counting from the day the unloading work is finished Article 90 The vessels or aircraft suspected of having been contaminated with yellow fever are required to undergo sanitization as stipulated in Items 2, 3 and 4 of Article 89 of these Implementation Rules. Article 91 The vessel or aircraft coming from a yellow fever prevalent area but free from contamination may undergo sanitization as stipulated in Item 3 of Article 89 of these Implementation Rules if the health and quarantine organ considers it necessary. Article 92 A train or other vehicle on which yellow fever cases are found on board upon arrival, or a train or other vehicle coming from the yellow fever prevalent area must undergo sanitization as stipulated in Items 1 and 4 of Article 89 of these Implementation Rules; adult mosquitoes, their eggs and larvae on board must be annihilated; the crew members and passengers without valid certificate of inoculation against yellow fever are required to undergo sanitization as stipulated in Article 85 of these Implementation Rules. Section IV On-Site Clinical Check-up, Check-Up Detention and Isolation Article 93 The health and quarantine organ is required to issue a casebook to the person taking on-site clinical check-up. If necessary, the casebook shall be issued to the person after he/she has presented a guarantee for such check-up. The person subject to on-site clinical check-up must take the casebook along to have his medical examination at the designated place and during a specific period of time. If the check-up proved that he is free from contamination, he can return the casebook to the health and quarantine organ when the detention period for clinical check-up is over. Article 94 The health and quarantine organ must inform by the quickest means the health and quarantine organ or the medical and health unit in places where the person subject to on-site clinical check-up will stop over on his journey of his condition. If the person subject to on-site clinical check-up asks for medical examination, the health and quarantine organ and the medical and health unit must take him as an emergency case and give him a medical examination. The result of which shall be recorded in his casebook. If he is found to have been contaminated with a quarantinable epidemic disease, or a monitored infectious disease, or if he is suspected of having been contaminated with a quarantinable epidemic disease or a monitored infectious disease, he is then required to undergo necessary sanitization and his casebook shall be taken back to keep on file for reference. At the same time his case shall be reported to the local health and disease prevention organ as well as the health and quarantine organ that has issued the casebook of on-site clinical check-up. Article 95 The person subject to on-site clinical check-up detention is required to have medical examination at the designated place. In any one of the following circumstances, the detention for medical check-up may be carried out on the vessel, with permission by the health and quarantine organ: (1) at the request of the captain, the crew members may have the detention check-up on the vessel; (2) the passengers ask to have their detention check-up carried out on the vessel, with approval by the captain, and have available on board vessel physicians as well as facilities for medical treatment and disinfection. Article 96 During his period of detention check-up, if the person has shown symptoms of a quarantinable epidemic disease, he must be isolated by the health and quarantine organ without delay. The other people subject to check-up detention with him are required to undergo necessary sanitization and the term of detention shall be counted from the time the sanitization is carried out. Back to Top Chapter IX Monitoring of Epidemic Disease Article 97 Entry or exit conveyances, people, food, drinking water and other articles as well as causitive pests, animals are all subject to epidemic disease(s) monitoring. Article 98 Epidemic disease monitoring shall cover: (1) investigation on first individual cases; (2) epidemiological investigation of the occurrence and prevalence of an epidemic disease; (3) investigation of the infectious agent; (4) retrospective investigation of epidemic disease monitoring on the border ports; (5) investigation into the separation and identification of the causitive agent, serological investigation in people and animals involved and epidemiological investigation; (6) investigation into the animal involved, causitive pests, food, drinking water and environmental factors; (7) observation and assessment of the result in disinfection, deratization and disinsectization; (8) collecting, processing, analyzing and disseminating information about epidemic disease monitoring at the border port, at home and abroad; (9) undertaking physical check-up on persons subject to epidemic disease monitoring and exercising administration over victims of epidemic diseases under monitoring, suspects of such diseases, and people who have close contact with the victims. Article 99 The health and quarantine organ should bar foreigners who are victims of AIDS, venereal disease, leprosy, psychosis, open tuberculosis from entry. Article 100 The people subject to entry or exit quarantine inspection are required to fill out health card as required by the quarantine physician, to present a valid certificate of inoculation against epidemic diseases, bill of health or other related certificate. Article 101 The health and quarantine organ shall exercise quarantine monitoring among the incoming or outcoming passengers staying at the hotels at the frontier port as well as the hotel workers and will either take precautionary measures or control measures according to circumstances. The health and quarantine physician may give an instant clinic card to every person coming from the pestilence area of the monitoring epidemic area according to the epidemiological and medical examination results. When a person comes for a medical examination with an instant clinic card, the health quarantine organ and the medical and health unit are required to give him an emergency medical examination. If he is found to be a victim of a quarantinable infectious disease or to have been contaminated with a monitoring epidemic disease or he is suspected of being a quarantinable disease victim or of having caught the monitored epidemic disease, he is required to go through necessary sanitization. Meanwhile, the case shall be reported to the local health and epidemic prevention station and the health and quarantine organ that issued him the instant clinic card. Article 102 Chinese citizens who apply to stay abroad for over one year are required to carry health certificates issued by the health and quarantine organ. The exit and entry organ for Chinese citizens shall process such an application only if it includes a health certificate issued by the health and quarantine organ. A Chinese citizen who has stayed abroad for over one year is, upon reentry, required to fill out health declaration form required by the health and quarantine organ and go to the local health and quarantine organ or to the hospital at or above the county level for physical check- up within one month. The public security organ shall allow him to go through related procedures on the strength of the health certificate. A copy of his health certificate must be sent to the port health and quarantine organ for the record. Chinese crew members working on the means of international transport must carry their health certificates issued by the health and quarantine organ or the hospital at or above the county level. The health administrative department under the State Council of the People's Republic of China shall unify the items and form of health certificate. The term of validity is 12 months. Article 103 When the health and quarantine organ sets up a monitoring post for epidemic diseases at the border port, the units concerned are required to offer conveniences. Back to Top Chapter X Health Supervision Article 104 The health and quarantine organ shall exercise health supervision over the sanitary conditions at frontier ports and the sanitary conditions of conveyances according to the requirements stipulated in Articles 18 and 19 of the Frontier Health and Quarantine Law. Article 105 The sanitary requirements for a border port are as follows: (1) the border port, the port hotels accommodating inward or outward passengers, and ship, bus and airport terminals, are required to have an effective hygiene system and necessary hygienic facilities and to maintain clean and tidy and well ventilated; (2) the units concerned at the border port are required to take effective measures to minimize the number of rodents or vector pests so it may not cause any harm. Warehouses and storage ground are required to be equipped with anti-rat devices; (3) garbage, waste water, sewage, and excrement must be disposed after innocuous treatment in order to keep the environment at the border port clean and tidy. Article 106 The sanitary requirements for the conveyance are as follows: (1) the berths and carriages must be kept clean and tidy and well ventilated; (2) there must be on board the conveyance adequate disinfectant and equipment, rat-killer and insecticides; (3) cargo holds, luggage compartments and freight cars must be thoroughly cleaned before loading and after unloading. Mixloading of toxic articles and foods is strictly forbidden so as to prevent contamination; (4) entry and exit conveyances that have not meet the sanitary requirements, are required to make improvement without delay under the supervision of the health and quarantine organ. Article 107 The sanitary requirements for drinking water, food and the relevant working staff: (1) drinking water and food provided at the border port or on the conveyance must be up to the relevant hygienic standards; (2) prior to their operation, the port hotels accommodating inward or outward passengers and the restaurants providing service to the inward or outward conveyances are required to apply to the health and quarantine organ for a hygiene license; (3) members of the staff involved in providing drinking water and food to the border port hotels accommodating inward or outward passengers and to the entry or exit conveyances must hold health certificates issued by the health and quarantine organ. The certificate will be valid for 12 months of the date of issuance. Article 108 The persons in charge of the relevant units at the border port or of conveyances are required to observe the following requirements: (1) abide by the "Frontier Health and Quarantine Law" and the related health regulations stipulated in these Implementation Rules; (2) accept the inspection and checking by the sanitation supervisors and provide convenience for their work; (3) take prompt measures to improve sanitary conditions at the border port or on the conveyance as suggested by the sanitary supervisors. Back to Top Chapter XI Penalty Provisions Article 109 Acts that are subject to administrative sanction as defined in the "Frontier Health and Quarantine Law" and these Implementation Rules refer to the following: (1) vessels subject to entry quarantine fail to hoist quarantine signals; (2) embark on or disembark from conveyances, load or unload articles such as luggage, goods or postal parcels from conveyances prior to entry quarantine and after exit quarantine; (3) refuse to undergo quarantine inspection or sanitary supervision, or refuse to allow sanitation measures to be taken; (4) forge or alter the quarantine permit or certificate or fail to declare truthfully the quarantine situation on their vessel; (5) fail to declare to have carried in such forbidden articles as microzoaria, human tissue, biologicals, blood and hemoproducts as well as other articles that may cause the spread of epidemic diseases; (6) entry and exit conveyances leave the quarantine inspection place without permission for the purpose of evading quarantine inspection; (7) hide the truth of quarantine epidemic disease from the health and quarantine organ or falsify the details of the situation; (8) discharge ballast water or remove such controlled things as rubbish or contaminated matter without prior sanitization by the health and quarantine organ; (9) transship human corpse or remains without prior sanitization conducted by the health and quarantine organ; (10) ship in or out, use or dismantle used materials or used conveyance without applying to the health and quarantine organ, or without a health and quarantine inspection certificate after sanitization conducted by the health and quarantine organ; (11) let patients of epidemic cases off the conveyance before going through the health and quarantine inspection and thus cause the spread of epidemic diseases. Article 110 Those who violate any one of Items 1 to 5 listed in Article 109 shall get a warning or a fine ranging from RMB 100 yuan to RMB 5,000 yuan; those who violate any one of Items 6 to 9 listed in Article 109 shall get a fine ranging from RMB 1,000 yuan to RMB 10,000 yuan; those who violate either Item 10 or 11 listed in Article 109 shall get a fine ranging from RMB 5,000 yuan to RMB 30,000 yuan. Article 111 When imposing penalties, the health and quarantine organ must write out an official fine receipt. All fines thus collected shall be turned over to the state treasure. Chapter XII Supplementary Provisions Article 112 The standard fee for health and quarantine inspection charged by the frontier health and quarantine organ shall be set jointly by the health administrative department, the financial department and the administration for commodity prices under the State Council of the People's Republic of China. Article 113 The right to interpret these Implementation Rules resides in the health administrative department under the State Council of the People's Republic of China. Article 114 These Implementation Rules shall go into effect as of the date of promulgation. |