中华人民共和国国境卫生检疫法实施细则(二)
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.
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.
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 disinfection;
(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 disinfection;
(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.
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 causative 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 causative 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.
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 out coming 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.
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. Mix loading 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 licence;
(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.
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