Entry-exit inspection and quarantine seizure, seizure management regulations

Chapter I General Provisions Article I In order to regulate the entry-exit inspection and quarantine seizure, seizure work, safeguard national interests, social public **** interests and the legitimate rights and interests of citizens, legal persons, other organizations, to ensure that inspection and quarantine agencies to perform their duties in accordance with the "Chinese People's Republic of China *** and the State Import and Export Commodity Inspection Act" and its implementing regulations, "Chinese People's Republic of China *** and the State Entry-Exit Animal and Plant Quarantine Act" and its implementing regulations Chinese People's *** and State Food Sanitation Law", "the State Council on strengthening food and other product safety supervision and management of special provisions," the provisions of the formulation of this provision. Article II of the provisions referred to in the seizure, detention is to point out that the entry inspection and quarantine agencies in accordance with the implementation of the verification, sealing or retention and other administrative coercive measures. Article III General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) is responsible for the national entry-exit inspection and quarantine seizure, seizure management and supervision and inspection work.

AQSIQ in the entry-exit inspection and quarantine agencies around (hereinafter referred to as inspection and quarantine agencies) is responsible for the seizure, seizure implementation. Article IV The inspection and quarantine agencies to implement the seizure, seizure shall be appropriate to minimize the damage to the rights and interests of the parties as a principle. Article V citizens, legal persons or other organizations on the inspection and quarantine agencies to implement the seizure, seizure, enjoy the right to state, the right to defend; inspection and quarantine agencies to implement the seizure, seizure, the right to apply for administrative reconsideration, or administrative litigation according to law; inspection and quarantine agencies to illegally implement the seizure, seizure of damages caused by the right to seek compensation according to law. Chapter II Scope of Application and Jurisdiction Article VI of the following circumstances, inspection and quarantine agencies can implement the seizure, detention:

(a) statutory inspection of import and export commodities by the written review, on-site inspection, sensory inspection or preliminary testing of evidence proving that personal and property safety, health, environmental protection projects failed;

(b) non-statutory inspection of import and export commodities by the Sampling inspection involving personal and property safety, health, environmental protection projects failed;

(C) does not meet the statutory requirements for the import and export of food, edible agricultural products and other products related to human health and safety of life, illegal use of raw materials, auxiliary materials, additives, agricultural inputs, as well as for illegal production of tools and equipment;

(D) import and export of food, edible agricultural products and other Products related to human health and life safety of the production and operation of the place where there are major hazards to human health and life safety;

(e) in connection with the import and export of food, edible agricultural products and other products related to human health and life safety violations, there are related to the violation of the contract, bills, books and other relevant information.

Inspection and quarantine agencies that should be implemented seizure, detention, but belongs to the Customs supervision or has been seized by other administrative authorities, inspection and quarantine agencies not to implement the seizure, detention, and should be promptly notified in writing to the Customs and Excise Department or the implementation of the seizure, seizure of the other authorities to provide the necessary assistance. Article VII of the sealing, seizure, generally by the violation of the inspection and quarantine agencies in accordance with the principle of territorial jurisdiction.

Inspection and quarantine agencies need to implement the seizure, seizure, shall promptly notify the foreign inspection and quarantine institutions, foreign inspection and quarantine institutions shall cooperate.

Two or more inspection and quarantine institutions in the event of jurisdictional disputes, report **** with the parent organization designated jurisdiction. Chapter III Procedures Article VIII of the implementation of seizure, seizure procedures include: collection of evidence and materials, report, approval, decision, delivery, implementation and so on. Article 9 Before the implementation of seizure and detention, the collection of evidence shall be done and the evidence collected shall be verified. Article 10 of the sealing, seizure of evidence materials generally include: site record sheets, site notes, the parties to provide a variety of documents and samples taken at the scene, recorded audio-visual materials, laboratory test records, work records, inspection and quarantine results and other supporting materials. Article XI of the implementation of seizure, seizure shall be implemented before the inspection and quarantine institutions to the person in charge of written or oral reports, and fill out the "implementation of seizure, seizure approval form", approved by the inspection and quarantine institutions before implementation. Major cases or the need for larger amounts of property to implement the seizure, detention, inspection and quarantine agencies should be discussed collectively. Article XII of the emergency or the implementation of seizure, seizure may lead to serious consequences, inspection and quarantine agencies in accordance with the principle of lawful, timely, appropriate, simple and does not add to the burden of the parties to the seizure, seizure decision on the spot, and the organization or supervision of implementation. Article XIII on the spot to implement the seizure, seizure, inspection and quarantine law enforcement personnel shall promptly complete the relevant procedures. Article XIV of the implementation of seizure, seizure should be made "seizure, seizure decision". Seizure, seizure decision" shall contain the following matters:

(a) the party's name or name, address;

(b) seizure, seizure measures of the facts, reasons and bases;

(c) seizure, seizure of goods, the name, quantity and duration;

(d) application for administrative reconsideration or administrative litigation and the time limit;

(E) the name and seal of the administrative organ;

(F) the signature of the administrative law enforcement officers and the date. Article XV "inspection and quarantine seizure, detention decision" shall be sent to the parties in a timely manner to sign, by the parties in the "proof of delivery" on the signature or seal, and indicate the date of delivery. Parties refuse to sign or seal, it should be noted.