Biosecurity Law of the People's Republic of China

Updated: 2020-10-17

Chapter II  Biosecurity Risk Prevention and Control System

Article 10  The central leading body for national security shall be responsible for deliberating, deciding on, and coordinating the national biosecurity work, studying and formulating national biosecurity strategies and relevant major policies, guiding the implementation of these strategies and policies, coordinating major matters and important work concerning national biosecurity, and establishing a National Biosecurity Work Coordination Mechanism.

Provinces, autonomous regions, and municipalities directly under the Central Government shall establish their biosecurity coordination mechanisms to organize, coordinate, supervise and promote biosecurity-related work within their administrative areas.

Article 11 The National Biosecurity Work Coordination Mechanism shall be composed of competent departments of health, agriculture and rural affairs, science and technology, and foreign affairs of the State Council, and relevant military organs, and shall analyze and evaluate the national biosecurity situation, organize, coordinate, supervise and advance national biosecurity-related work. The National Biosecurity Work Coordination Mechanism shall establish an office responsible for the routine work.

Member entities of the Mechanism and other relevant departments of the State Council shall be responsible for their respective biosecurity-related work in accordance with the division of duties.

Article 12  An expert committee shall be established by the National Biosecurity Work Coordination Mechanism to provide consultation for decision-making on the research into national biosecurity strategies and formulation and implementation of relevant policies.

Relevant departments of the State Council shall organize and establish technical expert advisory committees in related fields and industries to provide technical supports such as consultation, evaluation, and demonstration for biosecurity work.

Article 13  Local People's Governments at all levels shall be responsible for biosecurity work within their administrative regions.

Relevant departments of local people's governments at or above the county level shall be responsible for biosecurity-related work in accordance with the division of duties.

Community-level people's self-governing organizations shall assist local people's governments and relevant departments in prevention and control of biosecurity risk, emergency response as well as biosecurity-related publicity and education.

Relevant entities and individuals shall cooperate in the prevention and control of biosecurity risks, emergency response and other relevant work.

Article 14  The state shall establish a biosecurity risk monitoring and alert framework. The National Biosecurity Work Coordination Mechanism shall organize the establishment of a national biosecurity risk monitoring and alert system so as to strengthen the capability in identifying and analyzing biosecurity risks.

Article 15  The state shall establish a biosecurity risk investigation and assessment system. The National Biosecurity Work Coordination Mechanism shall regularly organize and conduct biosecurity risk investigations and assessments based on data, materials and other information collected through risk monitoring.

Relevant departments shall promptly investigate and assess biosecurity risk and, in accordance with law, take necessary risk prevention and control measures under any of the following circumstances:

(1) Identifying possible biosecurity risks via risk monitoring or reports received;

(2) Formulating or adjusting a biosecurity-related directory or list to determine key fields and key projects that should be subjected to supervision and administration;

(3) Outbreak of major emerging infectious diseases, animal and plant epidemics, or other incidents that jeopardize biosecurity; and

(4) Other circumstances that need to be investigated and evaluated.

Article 16  The state shall establish a biosecurity information sharing system. The National Biosecurity Work Coordination Mechanism shall organize and establish a unified national biosecurity information platform and relevant departments shall submit biosecurity data, materials and other information to the platform for sharing.

Article 17  The state shall establish a biosecurity information releasing system. Major biosecurity information such as the overall situations of national biosecurity, major biosecurity risk alerts, major biosecurity incidents and relevant investigations and handling shall be released by the member entities of the National Biosecurity Work Coordination Mechanism in accordance with the division of duties. Other biosecurity information shall be released by the relevant departments of the State Council, and the local people's governments at or above the county level and their relevant departments in accordance with their respective authorities and duties.

No entity or individual may fabricate or spread false biosecurity information.

Article 18  The state shall establish a biosecurity directory and list system. In accordance with the requirement of biosecurity work, the State Council and its relevant departments shall formulate, release and adjust the directories or lists of materials, equipment, technologies, activities, important biological resource data, infectious diseases, animal and plant epidemics, invasive alien species or otherwise in relation to biosecurity.

Article 19  The state shall establish a system for biosecurity standards. The competent department of standardization and other relevant departments of the State Council shall, in accordance with the division of duties, establish and improve relevant standards in the field of biosecurity.

The National Biosecurity Work Coordination Mechanism shall organize relevant departments to strengthen coordination and consistency of biosecurity standards in different fields, and establish and improve the biosecurity standard system.

Article 20  The state shall establish a biosecurity review system. Relevant departments of the State Council shall be responsible for biosecurity review over major matters and activities in the biological field that affects or may affect national security to effectively prevent and eliminate biosecurity risks.

Article 21  The state shall establish a coordinated, orderly and efficient biosecurity emergency response system with a unified leadership.

The relevant departments of the State Council shall organize the formulation of emergency response plans for biosecurity incidents in related fields and industries, and in accordance with the emergency response plans and unified arrangements, carry out emergency response drills, emergency response, emergency rescue, and rehabilitation.

Local people's governments at or above the county level and their relevant departments shall formulate emergency response plans for biosecurity incidents, organize, guide and supervise relevant enterprises and institutions to formulate emergency response plans for biosecurity incidents, strengthen emergency response preparedness, personnel training and emergency response drills, and carry out emergency response to biosecurity incidents, emergency rescue, and rehabilitation and other relevant work.

The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall act upon the orders of the Central Military Commission and participate in the emergency response to biosecurity incidents and the rescue operations in accordance with law.

Article 22  The state shall establish a biosecurity incident investigation and source-tracing system. In case of the outbreak of a major emerging infectious disease, an animal or plant epidemic, or an unexplained biosecurity incident, the National Biosecurity Work Coordination Mechanism shall organize investigation and source-tracing, identify the nature of the incident, comprehensively assess the impact of the incident, and provide suggestions and recommendations.

Article 23  The state shall establish a national access system for animals, plants and the products thereof, and high-risk biological agents that enter into China for the first time or resume entry after a suspension.

Persons, means of transport, containers, goods, articles and packaging, which enter into or exit from China, and ballast water discharged from ships on international voyages in the territory of China shall meet the requirements of China's biosecurity management.

The customs shall deal with biosecurity risks discovered in entry, exit and transit processing in accordance with relevant laws. Persons, means of transport, goods, articles, among others, assessed as high biosecurity risks shall enter the country through designated border ports and shall be subject to strict measures for risk prevention and control.

Article 24  The state shall establish a response system for major overseas biosecurity incidents. In the event of a major biosecurity incident abroad, the customs shall take emergency measures for prevention and control of biosecurity risks in accordance with law, strengthen document verification, increase the inspection ratio, and suspend the entry of relevant persons, means of transport, goods, and articles, among others. When necessary, with the approval of the State Council, measures such as temporary closure of relevant ports and relevant borders may be adopted.

Article 25  Relevant departments of people's governments at or above the county level shall carry out biosecurity supervision and inspection in accordance with law. The inspected entities and individuals shall cooperate with the government departments, truthfully report on the situation and provide materials as required. Refusal or obstruction is prohibited.

Where supervision and inspection require highly professional and technical support, and the lack of which may result in difficulty in law enforcement, such supervision and inspection shall be conducted with the participation of biosecurity professionals.

Article 26  In case of implementing biosecurity supervision and inspection, relevant departments of people's governments at or above the county level may take the following measures in accordance with law:

(1) Entering the entities or locations subjected to inspection, or the sites related to suspected violations which jeopardize biosecurity for on-site surveillance, monitoring, inspection or verification;

(2) Inquiring relevant entities or individuals;

(3) Consulting and copying relevant documents, materials, archives, records, vouchers or otherwise;

(4) Sealing up sites and facilities related to suspected violations which jeopardize biosecurity;

(5) Seizing tools, equipment or related articles related to suspected violations which jeopardize biosecurity; and

(6) Other measures provided by laws and regulations.

The information on violations jeopardizing biosecurity by relevant entities and individuals shall be included in the National Credit Information Sharing Platform in accordance with law.

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