Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People’s Republic of China on Physical Culture and Sports as well as other relevant laws with respect to preventing doping in sport, to protecting the physical and mental health of sport participants, and to upholding fair play in sports competitions.
Article 2 In these Regulations, prohibited substances and methods refer to the substances and methods in the Prohibited List. The Prohibited List is set down, adjusted and promulgated by the administrative department of sport under the State Council in cooperation with the administrative departments of food and drug, public health, commerce under the State Council, as well as the Customs General Administration.
Article 3 The State calls on healthy and civilized sports involvements, reinforces propaganda, education, supervision and administration of anti-doping, adheres to the policy of serious prohibition, strict control, and severe punishment in anti-doping practice, and practices drug free in sport.
Any working unit or individual shall not provide or provide in disguised form prohibited substances and methods to sport participants.
Article 4 The administrative department of sport under the State Council manages and organizes the national anti-doping work.
The administrative departments of food and drug, public health, education, etc., under the people’s governments at or above county level, within their respective functions and responsibilities, are responsible for conducting anti-doping work in accordance with these Regulations and other relevant laws and administrative regulations,
Article 5 The administrative department of sport under the people’s government at or above county level shall reinforce anti-doping propaganda and education, and increase anti-doping awareness among the sport participants and the public.
Broadcasting stations, TV stations, newspapers and periodicals, the press and Internet service providers shall carry out anti-doping propaganda.
Article 6 Any working unit or individual shares the right to report to the administrative departments of sport or other relevant departments when finding violations of these Regulations.
Chapter II Prohibited Substances and Methods Control
Article 7 The State carries out rigorous control of the substances methods in the Prohibited List, any working unit or individual shall not illegally engage in production, sales, import and export thereof.
Article 8 Anabolic agents and peptide hormones in the Prohibited List (hereinafter referred to as anabolic agents and peptide hormones shall, in accordance with the Drug Control Law of the People’s Republic of China (hereinafter referred to as the Drug Control Law), obtain the License for Drug Production and the approved reference No. of drug.
Enterprises of production shall record the production, sales and stock of anabolic agents and peptide hormones, and keep such records for 2 years in excess of the expiry date of anabolic agents and peptide hormones.
Article 9 Drug wholesaling enterprises that have obtained the License for Drug Operation in accordance with the Drug Control Law may engage in business operation of anabolic agents and peptide hormones only when the following requirements are met and the approvals of the administrative departments of food and drug under the people’s governments of provinces, autonomous regions and municipalities directly under the central government are issued：
(1) Special administrative staff assigned,
(2) Special storehouse or special medicine-chest provided,
(3) Special system for checking and acceptance, inspection, storage, sales and registration of in-storage and out-storage developed, and
(4) Other requirements as prescribed by laws and administrative regulations.
Records of checking and acceptance, inspection, storage, sales and registration of in-storage and out-storage for anabolic agents and peptide hormones shall be kept for 2 years in excess of the expiry date of anabolic agents and peptide hormones.
Article 10 Except insulin，drug retailing enterprises shall not engage in business operation of anabolic agents or other peptide hormones.
Article 11 Where anabolic agents and peptide hormones are to be imported, besides the registration certificate issued by the administrative department of food and drug under the State Council in accordance with the Drug Control Law and its implementing regulations，import permit shall be obtained as well.
Where anabolic agents and peptide hormones are applied for import, their uses shall be explained. The administrative department of food and drug under the State Council shall make resolutions within 15 working days upon the date of receiving such applications；As to legal uses, approval shall be issued and followed by import permit. The customs offices shall grant clearance based on the import permit.
Article 12 Where anabolic agents and peptide hormones are applied for export, the receiver shall be described and the relevant certificates from the administrative departments of the importing country shall be submitted. The administrative departments of food and drug under the people’s governments of provinces, autonomous regions and municipalities directly under the central government shall make resolutions within 15 working days upon the date of receiving such applications; where the said relevant certificates have been submitted, approval shall be issued and followed by export permit; the customs offices shall grant clearance based on the export permit.
Article 13 Where domestic enterprises are entrusted by foreign enterprises with production of anabolic agents and peptide hormones，they shall conclude contracts of production entrustment in written form, and report the contracts for record to the administrative departments of food and drug under the people’s governments of provinces, autonomous regions and municipalities directly under the central government. The contract of production entrustment shall state the nationality of the entrusting enterprises, the variety, quantity and date of production, etc., of anabolic agents and peptide hormones entrusted for production.
Where domestic enterprises are entrusted by foreign enterprises with production of anabolic agents and peptide hormones，such products shall not be sold within the boundary.
Article 14 Enterprises of production for anabolic agents and peptide hormones shall only provide anabolic agents and peptide hormones to medical establishments, drug wholesaling enterprises in line with the prescriptions of Article 9 of these Regulations and other enterprises of production of their kind. Wholesaling enterprises of anabolic agents and peptide hormones shall only provide anabolic agents and peptide hormones to medical establishments, enterprises of production for anabolic agents and peptide hormones and other wholesaling enterprises of their kind.
Importing entities of anabolic agents and peptide hormones shall only provide anabolic agents and peptide hormones to the enterprises of production for anabolic agents and peptide hormones, medical establishments and drug wholesaling enterprises in line with the prescriptions of Article 9 of these Regulations.
Apart from being supplied in accordance with the first, second and third paragraph of this Article, insulin of hormone of peptide type may be supplied to drug retailing enterprises.
Article 15 Medical establishments shall only supply anabolic agents and peptide hormones to the patients with prescriptions from the practicing doctors who are qualified to prescribe. Such prescriptions shall be kept for 2 years.
Article 16 Where the substances in the Prohibited List categorized in stupefacient, psycho pharmaceuticals, toxic drugs for medical treatment or chemicals that may be easily used for producing drugs, special control shall be exercised towards their production, sales, import, transportation and use in accordance with the Drug Control Law and other relevant administrative regulations.
Prescription drug control shall be carried out towards anabolic agents and peptide hormones, and other substances in the Prohibited List as not prescribed by the previous paragraph.
Article 17 Where food or drug contains substances in the Prohibited List, the enterprises of production shall give clear indication of “cautious use for athletes” in Chinese on labeling or directions of products.
Chapter III Anti-doping Obligations
Article 18 Social groups of sport which adopt registration management of athletes (hereinafter referred to as social groups of sport) shall reinforce supervision and administration, education and training of anti-doping towards athletes registered in the groups and athlete support personnel such as coaches, team leaders, medical and para-medical personnel, etc.
Administrative units of athletes shall reinforce supervision and administration, education and training of anti-doping towards their athletes and athlete support personnel.
Article 19 Social groups of sport, administrative units of athletes and other units shall not supply athletes with the prohibited substances, they shall not organize, coerce or deceive athletes to use the prohibited substances in sport.
Scientific research units shall not provide technical support for doping or escaping from testing.
Article 20 Administrative units of athletes shall assign medical establishments for their athletes, so as to direct athletes to reasonably take medicines for medical treatment purpose; they shall record and provide the information of medical treatment for the athletes and medicine use of the athletes to relevant social groups of sport in line with doping control rules.
Article 21 Social groups of sport and administrative units of athletes shall, in line with doping control rules, provide such relevant information as name-list of athletes, coach for every athlete, sport engaged in as well as competition results, etc., and shall offer convenience for testing.
Article 22 National social groups of sport shall stipulate rules and procedures of punishment towards the following acts conducted by their own members registered：
(1) Athletes take the prohibited substances and methods；
(2) Athlete support personnel or administrative units of athletes provide the prohibited substances and methods to athletes;
(3) Athletes, Athlete support personnel or administrative units of athletes refuse or obstruct testing.
The procedures of punishment as mentioned in the previous paragraph shall also include the right of plea and appeal for the party concerned. National social groups of sport shall submit for record of the rules and procedures of punishment to the administrative department of sport under the State Council.
Article 23 Athlete support personnel shall educate, warn athletes not to use the prohibited substances and methods, and advise them with doping control rules.
Athlete support personnel shall not supply athletes with the prohibited substances and methods, nor shall they conduct any act towards the athletes such as organizing, coercing, deceiving, abetting or assisting involving doping in sport. They shall not obstruct testing, nor shall they conduct any act affecting the results of sample collection.
Where athletes find any violation of prescriptions in the previous paragraph by athlete support personnel, they have the right to report and accuse.
Article 24 Athletes are prevented from doping in sport.
Article 25 Athletes and athlete support personnel registered in social groups of sports may only hold drugs containing substances in the Prohibited List with prescriptions from the practicing doctors who are qualified to prescribe.
Where athletes registered in social groups of sport undergo medical diagnosis, they shall show their statuses of athletes to doctors in accordance with doping control rules. Where prescription are to be prescribed by doctors, the drugs containing no substances in the Prohibited List shall be of the first priority; where drugs containing such prohibited substances must be prescribed, nature of the drugs and subsequences of using them shall be warned to athletes.
Article 26 Where athletes registered in national social groups of sport have to use drugs containing substances in the Prohibited List for therapeutic purpose, they shall previously obtain therapeutic use exemption in line with doping control rules.
Article 27 Athletes shall be obligated to undergo testing, they shall not conduct any act affecting the results of sample collection.
Article 28 Where athletes registered in national social groups of sport change their current locations, the whereabouts information shall be provided in accordance with doping control rules.
Article 29 Schools and other educational institutions that engage in secondary education or above shall reinforce anti-doping education, increase anti-doping awareness among students, and adopt measures to prevent doping in school sport activities; where the students are found doping, they shall be deterred.
Anti-doping content shall be included in the course of sports major.
Article 30 Any unit engage in fitness activities operation and its full-time trainers shall not provide such participants with drugs or foods containing substances in the Prohibited List.
Chapter IV Doping Control and Sample Analysis
Article 31 The administrative department of sport under the State Council shall develop doping control rules and testing plan, as well as organize their implementation.
Article 32 The administrative department of sport under the State Council shall, according to testing plan, determine to conduct in-competition testing towards participants in national sport events, and may determine to conduct in-competition testing towards participants in provincial sport events. Where in-competition testing is required for other competitions, the organizers may make the determination.
Article 33 The administrative department of sport under the State Council shall, according to testing plan, determine to conduct out-of-competition testing towards athletes registered in national social group of sports.
Article 34 Testing personnel shall conduct testing in line with doping control rules.
Article 35 Where testing is being conducted, no less than 2 testing persons shall engage in. When performing their functions and responsibilities, the testing personnel shall show relevant identifications; when collecting samples, they shall show one-time testing authorization issued in line with doping control rules.
When performing their functions and responsibilities, the testing personnel have the right to access sports training and competition sites, as well as locations of athletes. Relevant units and their personnel shall coordinate with the testing personnel’s performance, and such performance shall not be refused or obstructed.
Article 36 Samples shall be analyzed in qualified laboratories assigned by the administrative department of sport under the State Council.
Staff in the laboratories shall analyze the samples in accordance with the scope and criteria defined by doping control rules.
Chapter V Legal Liabilities
Article 37 Where the administrative departments of sport and other administrative departments as well as their staff fail to perform relevant functions and responsibilities, or cover up, connive at illegal use and providing of the prohibited substances and methods, or are involved in other violations of these Regulations, the principal staff responsible and other staff directly responsible shall be subject to administrative punishment in accordance with the laws; where a case is serious enough to constitute a crime, criminal liabilities shall be pursued in accordance with the laws.
Article 38 Under any of the following circumstances in violation of these Regulations, the anabolic agents and peptide hormones illegally produced and trafficked and illegal proceeds shall be confiscated, and a fine of 2 times to 5 times of the value of the said drugs shall be concurrently imposed by the administrative departments of food and drug at or above county level in line with their respective functions and responsibilities as defined by the administrative department of food and drug under the State Council; where a case is serious, and may be withdrawn by the department that issue them; where the case is serious enough to constitute a crime, criminal liabilities shall be pursued in accordance with the laws:
(1) where enterprises of production presumptuously produce anabolic agents and peptide hormones，or provide anabolic agents and peptide hormones running counter to the channels prescribed by these Regulations；
(2) where drug wholesaling enterprises presumptuously traffic in anabolic agents and peptide hormones，or provide anabolic agents and peptide hormones running counter to the channels prescribed by these Regulations；
(3)where drug retailing enterprises presumptuously traffic in anabolic agents and peptide hormones.
Article 39 Where social groups of sport, administrative units of athletes supply athletes with prohibited substances, or conduct any act towards the athletes such as organizing, coercing, deceiving, abetting or assisting involving doping in sport, the prohibited substances illegally held shall be confiscated by the administrative departments of sport under the State Council or departments of sport under the people’s government of provinces, autonomous regions and municipalities directly under the central government; a period of 4 years’ ineligibility for sport administration and athlete support work shall be imposed on the principal staff responsible and other staff directly responsible; where a case is serious, the said period of ineligibility shall be lifetime; where physical injuries are caused to the athletes, civil liabilities for compensation shall be assumed in accordance with the laws; where the case is serious enough to constitute a crime, criminal liabilities shall be pursued in accordance with the laws.
Where social groups of sports or administrative units of athletes fail to perform other obligations prescribed by these Regulations, they shall be ordered to correct by the administrative department of sport under the State Council or departments of sport under the people’s governments of provinces, autonomous regions and municipalities directly under the central government; where serious results are brought, a period of 2 years’ ineligibility for sport administration and athlete support work shall be imposed on the principal staff responsible and other staff directly responsible.
Article 40 Where athlete support personnel conduct any act towards the athletes such as organizing, coercing, deceiving, abetting or assisting involving doping in sport, the prohibited substances illegally held shall be confiscated by the administrative department of sport under the State Council or departments of sport under the people’s governments of provinces, autonomous regions and municipalities directly under the central government; a period of 4 years’ ineligibility for sport administration and athlete support work shall be imposed; where a case is serious, the said period of ineligibility shall be lifetime; where physical injuries are caused to the athletes, civil liabilities for compensation shall be assumed in accordance with the laws; where the case is serious enough to constitute a crime, criminal liabilities shall be pursued in accordance with the laws.
Where athlete support personnel supply athletes with prohibited substances, assist them in doping in sport, or conduct any act affecting the results of sample collection, the prohibited substances illegally held shall be confiscated by the administrative department of sport under the State Council or departments of sport under the people’s government of provinces, autonomous regions and municipalities directly under the central government; a period of 2 years’ ineligibility for sport administration and athlete support work shall be imposed; where a case is serious, the said period of ineligibility shall be lifetime; where physical injuries are caused to the athletes, civil liabilities for compensation shall be assumed in accordance with the laws; where the case is serious enough to constitute a crime, criminal liabilities shall be pursued in accordance with the laws.
Article 41 Where athlete support personnel illegally hold prohibited substances, the said prohibited substances shall be confiscated by the administrative department of sport under the State Council or departments of sport under the people’s governments of provinces, autonomous regions and municipalities directly under the central government; where a case is serious, a period of 2 years’ ineligibility for athlete support work shall be imposed.
Article 42 Where social groups of sport or administrative units of athletes violate these Regulations and the principal staff responsible and other staff directly responsible are State employees, administrative punishment such as removal or dismissal from their posts shall be concurrently imposed in accordance with the laws.
Where athlete support personnel violating these Regulations are State employees, administrative punishment such as removal or dismissal from their posts shall be concurrently imposed in accordance with the laws.
Article 43 Resolutions of punishment made pursuant to Article 39,Article 40, Article 41 of these Regulations shall be announced, the public has the right to consult.
Article 44 Where doctors prescribe in violation of provisions of these Regulations or fail to perform their obligations of informing, they shall be warned by the administrative departments of public health at or above the county level; where serious results are brought, they may be ordered to suspend from practice for a period of 6 months to 12 months.
Article 45 Where units engage in fitness activities operation provide such participants with drugs or foods containing the prohibited substances, punishments shall be imposed by the administrative departments of food and drug and the administrative departments of public health according to the Drug Control Law, the Food Hygiene Law of the People’s Republic of China as well as relevant administrative regulations.
Article 46 Where athletes violate the prescriptions of these Regulations, such punishment as provisional suspension from competition, disqualification of results in competition, or ineligibility for competitions shall be imposed by relevant social groups of sport, administrative units of athletes or competition organizers.
Where athletes refuse to accept the punishment made pursuant to the previous paragraph, they may apply to the sports arbitration organization for arbitration.
Chapter VI Supplementary provisions
Article 47 These Regulations shall take into effect on March 1, 2004.
(English Draft Version)