Promulgator:Ministryof Agriculture 

DocumentNo: Order of theMinistry of Agriculture[2002] No.9 

EffectiveDate: March 20, 2002

ChapterI General Provisions

Article1The present Measures have been formulated on the basis of the relevantprovisions of the Regulation on the Safety of Agricultural Transgenic LivingThings (referred to as the Regulation) for the purpose of controlling the safeimport of agricultural transgenic living things.

Article2The present Measures shall be applicable to the safety control of the import ofagricultural transgenic living things carried out within the territory of thePeople's Republic of China.

Article3The State Committee for the Safety of Agricultural Transgenic Living Thingsshall be responsible for assessing of the safety of the import of agriculturaltransgenic living things. The Office for the Safety Control of AgriculturalTransgenic Living Things shall be responsible for the safety control in theimport of agricultural transgenic living things.

Article4Administration of the imported agricultural transgenic living things shall becarried out according to any of the three purposes thereof: for research andexperiment, for production and for raw materials

                                   Chapter IIAgricultural Transgenic Living Things Used for Research and Experiment

Article5 Toimport any of the agricultural transgenic living things that falls within thesafety grades I and II from without the People's Republic of China, theimporter shall file an application to the Office for the Safety Control ofAgricultural Transgenic Living Things, and shall submit the followingmaterials:

1.Thequalification documents for application as required by the Ministry ofAgriculture;

2.RegistrationForms for the control of safe import (see Supplement);

3.Certificationdocuments proving that considerable research has been done on the agriculturaltransgenic living things to be imported;

4. The safetymeasures to be adopted by the importer in the process of importation.
If the application is found to be eligible after examination, the Ministry ofAgriculture shall issue approval for importing the agricultural transgenicliving things. The importer shall handle relevant procedures at relevantdepartments by showing the approving documents.

Article6To import any of the agricultural transgenic living things that falls withinthe safety grades I, II and IV from without the territory of the People'sRepublic of China for experiments and research and to import any of theagricultural living things of all safety grade for intermediate experiments,the importer shall file an application to the Office for the Safety Control ofAgricultural Transgenic Living Things and shall submit the following materials:

1.Theapplication qualification documents as required by the Ministry of Agriculture;

2.Theregistration forms for the safety control of import (see Appendix);

3. Certificationdocuments proving that considerable research or experiments have been doneabroad on the agricultural transgenic living things;

4.The safetycontrol measures to be adopted by the importer in the process of importation;

5.The materialsas required by the Measures for the Administration of the Safety Assessment ofAgricultural Transgenic Living Things during the corresponding phases.
If the application is found to be eligible after examination, the Ministry ofAgriculture shall issue an approval for the import of the agriculturaltransgenic living things. The importer shall go through relevant procedures atrelevant departments by showing the approving documents.

Article7To import any of the agricultural transgenic living things from without theterritory of the People's Republic of China for environmental release orproductive experiments, the importer shall file an application to the Officefor the Safety Control of Agricultural Transgenic Living Things and shallsubmit the following materials:

1.Theapplication qualifications documents as required by the Ministry ofAgriculture;

2.TheRegistration forms for the safety control of import (see Appendix);

3. Certificationdocuments proving that considerable research or experiments have been doneabroad on the agricultural transgenic living things;

4.The safetycontrol measures to be adopted by the importer in the process of importation;

5.The materialsas required by the Measures for the Administration of the Safety Assessment ofAgricultural Transgenic Living Things during the corresponding phases.
If the application is found to be eligible after examination, the Ministry ofAgriculture shall issue a certificate of the safety of the agriculturaltransgenic living things. The importer shall go through relevant procedures atrelevant departments by showing the certificate of safety.

Article8To import any of the agricultural transgenic living things for experiments, theimporter shall start to apply to the Ministry of Agriculture from the phase ofintermediate experiments.

Chapter IIIAgricultural Transgenic Living Things to Be Used for Production

Article9Where any extraterritorial company exports any of the transgenic plant seeds,seed livestock or bird, aquatic seedlings or any of the plant seeds, seedlivestock or birds, aquatic seedlings, pesticides, animal medicine, fertilizersor additives that are made from agricultural transgenic living things orcontaining elements of agricultural transgenic living things for the purpose ofproduction, it shall file an application to the Office for the Safety Controlof Agricultural Transgenic Living Things, and shall submit the followingmaterials:

1.Registrationforms of safety control for import (see Appendix);

2.Certificationdocuments proving that it is allowed by the country or region of export to beused for corresponding uses;

3.Materialsproving that scientific experiments of the country or region of export haveshowed that no harm will result to the human being, animals and plants,microorganisms and the biological environment;

4.The safetymeasures to be adopted by the extraterritorial company in the process ofexporting to the People's Republic of China;

5.The materialsas required by the Measures for the Administration of the Safety Assessment ofAgricultural Transgenic Living Things during the corresponding phases.

Article10When filing any of the above-mentioned applications, the extraterritorialcompanies shall, make the application prior to the beginning of theintermediate experiments, obtain approval therefor and can then let theexperimental materials enter into the territory, and shall pass three experimentalphases --- intermediate experiment, environmental release and productiveexperiments as well as the phase of applying for a safety certificate ofagricultural transgenic living things.

If anapplication filed during the phase of intermediate experiment is found to beeligible after examination, the Ministry of Agriculture shall issue an approvalfor importing the agricultural transgenic living things, and theextraterritorial companies shall go through relevant procedures at relevantdepartments by showing the approving documents. If an application filed duringthe phase of environmental release and productive experiment has passed thesafety assessment, the Ministry of Agriculture shall issue a letter of safetyapproval of agricultural transgenic living things, and the extraterritorialcompanies shall go through relevant procedures at relevant departments byshowing the letter of safety approval. If an application for safetycertificates has passed the safety assessment, the Ministry of Agriculture shallissue a safety certificate of agricultural transgenic living things, and theextraterritorial companies shall go through relevant procedures at relevantdepartments by showing the safety certificates.

Article11 Beforethe imported agricultural transgenic living things are put into production, asafety certificate for agricultural transgenic living things shall be obtainedand then can the relevant procedures of examination, registration or assessmentor approval be handled according to the provisions of laws or regulationsconcerning the seeds, livestock and bird seedlings, aquatic seedlings,pesticides, animal medicines, fertilizers, additives, etc.

    Chapter IV Agricultural Transgenic Living Things to Be Used as RawMaterials

Article12To export agricultural transgenic living things to the People's Republic ofChina so as to be used as raw materials, the extraterritorial companies shallfile an application to the Office for the Safety Control of AgriculturalTransgenic Living Things for safety certificates of agricultural transgenicliving things.

Article13When filing the above-mentioned applications, the extraterritorial companiesshall submit the following materials:

1. Registrationforms of safety control for import (see Appendix);

2. A declarationfor safety assessment (see Appendix V to the Measures for the Administration ofthe Safety Assessment of Agricultural Transgenic Living Things);

3. Certificationdocuments proving that it is permitted in the country or region of export touse them for corresponding purposes and to be put into market;

4. Materialsproving that scientific experiments in the country or region of export haveshowed that no harm will result to the human being, animals, plants,microorganisms and the biological environment;

5. Test reportsissued by the technological institutions upon the entrustment of the Ministryof Agriculture concerning the safety to the human beings, animals, plants,microorganisms and biological environment;

6. The safetymeasures to be adopted by the extraterritorial companies in to the process ofexporting to the People's Republic of China.

If theapplication has passed the safety assessment, the Ministry of Agriculture shallissue a safety certificate of agricultural transgenic living things.

Article14Where any one who has obtained approval for its application and before it filesfurther application to the People's Republic of China, if the application meetsthe requirements concerning the same company and the same conditions regardingthe agricultural transgenic living things, the application procedures forsafety assessment may be simplified while the following materials shall besubmitted:

1.Registrationforms of safety control for import (see Appendix);

2.Photocopy ofthe safety certificates of agricultural transgenic living things initiallyissued by the Ministry of Agriculture;

3.The safetymeasures to be adopted by the extraterritorial companies in the process ofexporting to the People's Republic of China.

If the applicationis found to be eligible after examination, the Ministry of Agriculture shallissue a safety certificate of agricultural transgenic living things.

Article15The extraterritorial companies shall go through relevant procedures at relevantdepartments by showing the safety certificates of agricultural transgenicliving things issued by the Ministry of Agriculture.

Article16If any of the agricultural transgenic living things imported to be used as rawmaterials is alive, import archivist files shall be established to specify thesource, storage, transportation thereof, etc, and safety control measures thatsuit the agricultural transgenic living things shall be adopted so as to ensurethat the agricultural transgenic living thing will not come into the environment.

ChapterV General Provisions

Article 17 TheMinistry of Agriculture shall make a decision of approval or disapproval within270 days after receiving the application of the applicant, and shall inform theapplicant of the result.

Article18In the import of agricultural transgenic living things for production or rawmaterials, the contracts thereof may not be concluded until safety certificatesof agricultural transgenic living things issued by the Ministry of Agriculturehas been obtained.

Article19In the import of agricultural transgenic living things, if no safetycertificate of agricultural transgenic living things or relevant approvingdocuments or if they are not in conformity with the certificates or approvingdocuments, such agricultural transgenic living things shall be returned back orbe destroyed.

Article20 Thepower to interpret the present Measures shall remain with the Ministry ofAgriculture.

Article 21 Thepresent Measures shall enter into force as of March 20, 2002.

Source: LexisNexis

https://hk.lexiscn.com/law/law-english-1-2299449.html