Legal Document

Title: Sub-Decree No. 016 on Sanitary Inspection of Animals and Animal Products
Type: Sub Decree
Issuing Agency: Prime Minister
Responsible Agency: Ministry of Agriculture, Forestry and Fisheries
Issuing Date: 13-03-2003

INDEX

Preamble

Chapter 1 - General Provisions

Article 1

Article 2

Article 3

Article 4

Chapter 2 - Animal Sanitation Control and Animal Origin Products

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Chapter 3 - Local Animal Sanitation Control and Animal Origin Products

Article 14

Article 15

Article 16

Chapter 4 - Animal Sanitation Control and Animal Origin Products with the import and monitoring

Article 17

Article 18

Article 19

Article 20

Chapter 5 - Animal Sanitation Control and Animal Origin Products for export

Article 21

Article 22

Article 23

Article 24

Chapter 6 - Animal Sanitation Control and Animal Origin Products passing

Article 25

Article 26

Article 27

Chapter 7 - The competence of the animal sanitation controller and animal origin products

Article 28

Article 29

Chapter 8 - Penalty Provisions

Article 30

Article 31

Article 32

Chapter 9 - Final Provisions

Article 33

Article 34


KINGDOM OF CAMBODIA

NATION RELIGION KING

3

Royal Government of Cambodia

No. 16 ANK BK

SUB-DECREE

On

Sanitary Inspection of Animals and Animal Products

The Royal Government

-         Seen the constitution of the Kingdom of Cambodia

-         Seen the Royal Decree No. NS/RKT/1198/72 dated 30 November 1998 on the appointment of the Royal Government of the Kingdom of Cambodia

-         Seen the Royal Kram No. 02/NS/94 dated 24 July 1994 promulgating the law on the organization and execution of the Council of the Ministers

-         Seen the Royal Kram No. NS/RKM/0196/13 dated 24 January 1996 promulgating the law on the establishment of the Ministry of Agriculture, Forestry and Fisheries

-         Seen the Royal Kram No. NS/RKM/0600/001 dated 21 June 2000 promulgating the law on the safety and quality management with the commodity products and services

-         Seen the sub-decree No. 17 ANK BK dated 07 April 2000 on the organization and execution of the Ministry of Agriculture, Forestry and Fisheries

-         Acquired the approval from the Council of the Ministers at the plenary session on 14 February 2003

Decides

Chapter 1

General Provisions

Article 1:

This sub-decree aims to determine the animal sanitation control and animal origin products to prevent the animal epidemics, animal health care and public health care as to carryout the vet action with the transit import and export and transporting products which is the subject of the animal sanitation control and the animal origin products from area to area in the Kingdom of Cambodia through all the means to contagious from animal or animal origin products to animal or from animal to human or from human to animal.

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Article 2:

All the bringing or transporting the subject products of the animal sanitation control and the animal origin products, transit import and export or transporting the products which the subject of the animal sanitation control and the animal origin products in the Kingdom of Cambodia, the owner of such products shall apply for control and shall comply by the vet actions.

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Article 3:

The Minister of Agriculture, Forestry and Fisheries has responsible duties with the implementation of the animal sanitation control and animal origin products with the authority to inspect the animal sanitation and animal origin products of the Department of Production and Animal Husbandry as the implementer personally.

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Article 4:

The definition of the main terms used for this sub-decree as following:

A.    The animal sanitation control and animal origin products: refer to the disease virus research control or poison as caused by the microbe to care of the animal health and the public health.

B.     Cross transporting means the products transportation which the subject of the animal sanitation control and the animal origin products crossing the territory of the Kingdom of Cambodia. Such cross transport excluding the unloading, stopping for loading the products into the warehouse, unpacking the materials or change in mean of transport.

C.     Disinfecting: refer to the action to disinfect the virus, the animal disease causing agent or parasite, animal disease cause through the direct or indirect contagious

D.    Product: refer to all kinds of animals, animal origin products and animal feeds as moved or distributed for sale or other purposes.

E.     Animal origin products: refer to:

1.      Died animal or animal slaughtered or part of animal not yet cooked or for processing as other products

2.      Ivory, horn and hair as cut from the living animals or died ones under processing

3.      The animal meat or any products from animal origin for supplying the human’s food, animal feed and use in health section, agriculture or industry.

F.     Vet agent: refer to the veterinarian who operates to control the animal sanitation and animal origin products anywhere or analysis item from animal or the animal origin products for analysis.

G.    Animal disease contagious mean: refer to all kinds of animals, animal origin products, animal feed, human, mean of transport, raising devices, animal container or packing material as causing the microbe and causing animal epidemic disease.

H.    Virus causes animal disease: refer to the virus, bacteria, parasite, mold and other microbes.

I.       Mean of transport: refer to the products container which the subject of animal sanitation control and animal origin products for distribution.

J.       Vet action: refer to the separation, discharge, disinfestations, sanitation, disconnection from contagious, detention, vaccination, treatment, turning the objective of goods usage, sending back to the origin, slaughtering, disposal or burning to destroy the subject goods of the animal sanitation control and animal origin products.

K.    Certificate of animal sanitation and animal origin products: refer to the certificate as issued by the production and animal husbandry authority after control or analysis of the subject goods of the animal sanitation control and animal origin products found that it is healthy and no contacting virus in accordance with the vet technical condition.

L.     Animal: refer to:

1.      Local and wild quadruped including those crossbreeding species

2.      Local and wild birds including those crossbreeding species

3.      Monkey, gibbon including those crossbreeding species 

4.      Bee, silkworm, reptile, batrachians, lamellibranches, crustacean, fish

5.      Egg for hatching, animal semen, animal embryonic      

M.  Animal quarantine terminal: refer to the animal detention place of separation place for observation and control of animal epidemic disease and take vet action upon the deadline to be under the management of the vet agent in accordance with the technical condition

N.    Packing material: refer to the wrapping material or part of packing of the animal or animal origin product for sanitation and safety.

O.    Animal container: refer to the container for animal in safety during transportation

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Chapter 2

Animal Sanitation Control and Animal Origin Products

Article 5:

The Ministry of Agriculture, Forestry and Fisheries shall send its official to control the animal sanitation and animal origin products and the phyto-sanitary official to participate and fulfill the duty in individual authority at the international border check point, international border gate, bilateral border gate, border area and sea port gate throughout the Kingdom of Cambodia in accordance with the determination of the Royal Government by the sub-decree.

The Ministry of Agriculture, Forestry and Fisheries can create the animal sanitation and animal origin products control office together with the phyto-sanitary control office along train station, dry port, port, local airport in accordance with the permission of the Royal Government.

In a necessary case, upon any animal contacting disease virus or animal epidemic disease or animal move anarchy and the animal origin products, the Minister of Agriculture, Forestry and Fisheries can pronounce to create the animal sanitation control office and animal origin products temporarily and urgently at the necessary location to prevent the animal contacting epidemic or animal move anarchy and animal origin products. If the above issues have been eliminated, the Minister of Agriculture, Forestry and Fisheries shall issue the notice to resolve the animal sanitation control office and animal origin products.

The animal sanitation control office and animal origin products shall furnish proper technical devices and materials to secure the efficiency of the animal sanitation control and animal origin products.

The animal sanitation control office and animal origin products shall be under the direct management of the Department of Production and Animal Husbandry of the Ministry of Agriculture, Forestry and Fisheries.

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Article 6:

The Minister of Agriculture, Forestry and Fisheries shall create the animal quarantine terminal along the animal sanitation control office and animal origin products to be permitted by the Royal Government.

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Article 7:

The animal sanitation control and animal origin products shall comply by the animal sanitation conditions and animal origin products of each country.

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Article 8:

The goods the subject of the animal sanitation control and animal origin products including:

1.      All kinds of animals

2.      Animal origin products and animal feeds

3.      Mean of transport, raising device, animal container and products packing material for animal origin products

The goods item subject of the animal sanitation control and animal origin products shall be determined by the collective notice of the Minister of Agriculture, Forestry and Fisheries, the Minister of Commerce, the Minister of Industry, Mines and Energy and the Minister of Health.

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Article 9:

The owner of the goods subject of the animal sanitation control and animal origin products shall comply with the following proceedings:

-         Proper goods declaration

-         Sanitary certificate

-         Present the goods bill of lading to the animal sanitation controller and animal origin products

-         Assure the quality, safety and sanitation of the mean of transport, raising device, animal container, animal origin products packing container

-         Transport or load the goods at the place where the animal sanitation controller and animal origin product and the animal origin products designated in cooperation with the authority concerned

-         Facilitate the animal sanitation controller and the animal origin products to cut the goods sample for analysis

-         Propose for prior permission from the animal sanitation control authority and animal origin products in case of transporting or loading the goods out of the determination in cooperation with the authority concerned

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Article 10:

Prior to import and export the goods, the goods owner shall apply for control to the animal sanitation control authority and animal origin products.

Prior to import the goods to the border gate, the goods owner shall notify the animal sanitation control office and the animal origin products and shall facilitate to the control.

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Article 11:

The natural or legal entity who proposed for animal sanitation control or animal origin products with its goods shall pay the service fees for the animal sanitation control and animal origin products. This service fee shall be paid into the national budget. The service fee for animal sanitation control and animal origin products shall be determined by the collective notice of the Minister of Economy and Finance and the Minister of Agriculture, Forestry and Fisheries.

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Article 12:

The natural or legal entity can give feedback to the nearest animal sanitation control authority and animal origin products in case of finding that:

A.    Ship, boat, engine boat or other means of transport with the goods in subject of animal sanitation control and animal origin products leaked or broke, the floating machinery or crossing into the water territory of the Kingdom of Cambodia.

B.     The goods in subject of the animal sanitation control and animal origin products fell down by the aircraft to the territory of the Kingdom of Cambodia.

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Article 13:

During operation, the animal sanitation control authority and animal origin products shall wear uniform, ID card together with the mission order.

The uniform, ID card of the animal sanitation control authority and animal origin products shall be determined by a separate sub-decree.

The Minister of Agriculture, Forestry and Fisheries shall issue the notice on the procedure of animal sanitation control and animal origin products, as well the notice or other circulations for the operation of this sub-decree goes effectively, transparently and no discrimination throughout the Kingdom of Cambodia.

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Chapter 3

Local Animal Sanitation Control and Animal Origin Products

Article 14:

Upon the contacting disease source or epidemic disease at any area in the territory of the Kingdom of Cambodia, the Minister of Agriculture, Forestry and Fisheries shall pronounce the animal epidemic diseased area and shall take urgent vet action.

The purchase, sale or transport of animal and animal origin products incoming, outgoing or crossing such area shall be temporarily postponed until a new notice by the Minister of Agriculture, Forestry and Fisheries.

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Article 15:

The animal or animal origin products or mean of transport shall have the following conditions:

A.    The animal shall have good health to be brought from non-contacting disease area or do not cross the animal contacting disease area and shall give the vaccination injection in accordance with the determination of the production and animal husbandry authority.

B.     The animal origin products shall be packed properly in accordance with the technical condition and good hygiene.

C.     Means of transport, raising device, animal container or animal origin products packing materials shall disinfect before and after transport.

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Article 16:

The procedure of animal sanitation control and local animal origin products shall be determined by the notice of the Minister of Agriculture, Forestry and Fisheries.

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Chapter 4

Animal Sanitation Control and Animal Origin Products with the import and monitoring

Article 17:

The procedure of imported goods control is the subject of animal sanitation control and animal origin products shall be as follows:

-         The natural or legal entity who imported the animal, animal origin products and animal feed shall give a notice to the animal sanitation control authority and animal origin products at least 5 days before arrival of the goods.

-         Upon arrival at the border gate of the Kingdom of Cambodia, the goods owner is the subject of the animal sanitation control and animal origin products shall report and propose for control. The animal sanitation control office and animal origin products shall designate the proper place in line with the technical condition for control.

The goods owner is the subject of animal sanitation control and animal origin products to be shipped by waterborne, upon the goods arrived at the water territory of the Kingdom of Cambodia shall report to the animal sanitation control office and animal origin products the nearest to propose for controlling the goods transport means, the subject of the animal sanitation control and the animal origin products can berth at the port, unless it is permitted by the animal sanitation control office and animal origin products after sanitation control completed.

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Article 18:

The control of the imported items, the subject of the animal sanitation control and animal origin products shall carryout based on the checklist of the animal epidemic. No importing the animal or animal origin products containing the epidemics as set in the checklist of the animal epidemics.

The checklist of the animal epidemic shall be determined by the notice of the Minister of Agriculture, Forestry and Fisheries. The Minister of Agriculture, Forestry and Fisheries is entitled to amend the checklist of this animal epidemic as necessary.

The notice on the amendment to the checklist of this animal epidemic shall come into force within 30 days after the public promotion.

In a necessary case and urgent as caused danger with this contagious disease, the notice on the amendment to the checklist of the animal epidemic shall come into force shall reduce to 24 hours after the public promotion.

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Article 19:

The natural or legal entity who transported the animal or animal origin products into the Kingdom of Cambodia shall carryout as follows:

-         Bearing the sanitation certificate as issued by the export country

-         Comply by the article 9, except that the paragraph 6, 10 and 11 of this sub-decree

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Article 20:

The animal or animal origin products is not conformity with the conditions as set in the regulations, business contract, agreement, treaty and other conditions of the Kingdom of Cambodia, the animal sanitation control authority and animal origin products shall take the following actions:

-         Send back the goods to the country of origin

-         Return the goods using objective

-         Transport and load the goods at the place where the animal sanitation control authority and animal origin products as designated

-         Detain the animal at the animal quarantine terminal for monitoring, diagnosis for treatment, vaccination or disinfestations

-         Destroy

In case of destroy or sending back the goods to the country of origin shall take the legal action applicable.

In case of keeping for treatment, vaccination, disinfestations, detention or destroy, the goods owner or the representative shall assure entirely to take care of, other outgoings and service fees.

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Chapter 5

Animal Sanitation Control and Animal Origin Products for export

Article 21:

The goods, subject of the animal sanitation control and animal origin products to export abroad shall pass the sanitation technical condition monitoring of the vet as set in the article 15 of this sub-decree.

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Article 22:

The subject goods export of the animal sanitation control and animal origin products from the Kingdom of Cambodia shall control the sanitation at the beginning place or in the animal quarantine terminal.

The subject goods of the animal sanitation control and animal origin products shall be in line with the conditions as set in the regulation of the business contract, agreement, treaty and other conditions of the import country.

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Article 23:

The natural or legal entity who transported the animal or animal origin products to be exported abroad shall comply by the regulation as set in the article 9, 10 and 11 of this sub-decree.

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Article 24:

The subject goods of the animal sanitation control and animal origin products to be exported abroad, if found of symptom that can cause epidemic, the animal sanitation control authority and animal origin products at the control office shall postpone the passing temporarily for taking vet action. This temporary postponement, the animal sanitation control authority and animal origin products shall urgently report to the Department of Production and Animal Husbandry for action from the Minister of Agriculture, Forestry and Fisheries.

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Chapter 6

Animal Sanitation Control and Animal Origin Products passing

Article 25:

The natural or legal entity who transported the animal or animal origin products passing the territory of the Kingdom of Cambodia shall comply by the following conditions:

-         Shall hold the animal sanitation certificate and animal origin products as issued by the country of export.

-         Shall comply by the article 9 of this sub-decree, except that the paragraph 6

-         Shall assure not unpacking the safe seal

-         All the means of transports shall not have diseased epidemic or contagious disease that can spread out to this passing way

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Article 26:

The procedure of animal sanitation control and animal origin products with the passing shipment shall be as follows:

-         The goods owner shall give a notice to the animal sanitation control authority and animal origin products at the office before those goods arrived at the incoming border gate and outgoing border gate.

-         The animal sanitation control authority and animal origin products shall control the external transport means of the products burden of the animal origin products, animal health and

-         The animal sanitation certificate and animal origin products of the country of export and shall facilitate to the forwarding as soon as.

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Article 27:

The subject goods of the animal sanitation control and animal origin products are not in line with the conditions as set in the regulation of business contract, agreement, treaty and other documents on the animal sanitation and animal origin products shall comply by the conditions as set in the article 20 of this sub-decree.

In case of accident during transportation and broke or unpacked the goods packing device or harm to the animal, the goods owner shall report urgently to the animal sanitation control authority and animal origin products, the nearest competent authority. The animal sanitation control authority and animal origin products shall control and take vet action urgently and then issue the animal sanitation control certificate and animal origin products for re-export.

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Chapter 7

The competence of the animal sanitation controller and animal origin products

Article 28:

The animal sanitation controller and animal origin product has the following authority:

-         Control the animal sanitation and animal origin products and take vet action with the transport mean and subject goods of the animal sanitation control and animal origin products at the storage, factory, enterprise, farm, animal quarantine terminal and animal sanitation control office and animal origin products in cooperation with the authority concerned when necessary.

-         Make minute of offend and refer the case to the court

The proprietor or the holder of the above property shall allow the animal sanitation controller and animal origin products to access to inspect and shall help cooperate to give feedback to the animal sanitation controller and animal origin products.

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Article 29:

The competent authority shall help intervene to operate the animal sanitation control and animal origin products in case of request from the animal sanitation controller and animal origin products.

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Chapter 8

Penalty Provisions

Article 30:

Any person who breaches the article 9, paragraphs 1, 2, 3, 4, 5, 7 of this sub-decree shall be suffered penalty in accordance with the article 62, chapter 7 of the law on safety, quality management with the goods products and services.

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Article 31:

Any person who breaches the article 14, article 18, paragraph 1 of this sub-decree shall be suffered penalty and punishment in accordance with the article 63, chapter 7 of the law on safety, quality management with the goods products and services.

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Article 32:

If any offender failed to pay the penalty shall refer the case to the court.

The incentive prize to the achiever and other costs during fulfilling this mission shall be determined by the collective notice of the Minister of Agriculture, Forestry and Fisheries and the Minister of Economy and Finance.

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Chapter 9

Final Provisions

Article 33:

The sub-decree No. 14 ANK dated 29 July 1988 on the animal sanitation control and animal origin products and any regulation in contrary from this sub-decree shall be null and void.

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Article 34:

The Minister in charge of the Council of the Minister, the Minister of Agriculture, Forestry and Fisheries, the Ministers, Secretary of State, all the ministry and institution concerned shall be in charge to carryout this sub-decree in individual duty from the date of signing hereafter.

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Phnom Penh, 13 March 2003

Prime Minister

(Signature and seal)

HUN SEN

Admissions

- Ministry of Royal Palace

- Secretariat General of Senate

- Secretariat General of National Assembly

- Secretariat General of Royal Government

- Cabinet of Samdech Prime Minister

- All the ministry, institution

- All the province hall-municipality

- As the article 34

- Files-achieves

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List Measures/Standards

Name Description Status Measures/Standards Measure Class
Mandatory inspection requirement prior to export, import, transit, and transport for animals and animal products Animals and animal products exported from, imported into, transited through, and transported inside Cambodia must request inspection from DAHP and comply with veterinary rules in order to prevent the spread of animal infectious diseases from animal to animal or animal to human or human to animal Active Measure Goods
Requirement to obtain sanitary certificate when export, import, transit and transport of animals and animal products Animals and animal products exported from, imported into, transited through, and transported inside Cambodia must have a sanitary certificate in order to prevent the spread of animal infectious diseases from animal to animal or animal to human or human to animal Active Measure Goods
Temporary prohibitions to export, import, transit, and transport for animals and animal products In case of diseases outbreak in certain region of Cambodia, MAFF may issue regulations imposing temporary prohibitions to export, import, transit, and transport of animals and animal products in order to prevent spread of animal infectious diseases from animal to animal or animal to human or human to animal Active Measure Goods
Mandatory packaging requirement for domestic animal products and animal feeds The transportation of domestic animals and animal products must meet the following conditions: a) animals must be in good health, coming from non-infectious area or not transited through infectious area, and vaccinated by the veterinarian, b) properly packaged and in good hygiene, c) means of transportation, animal raising equipment, cage, and packaging materials for animal products must be treated to kill bacteria and virus prior to and after usage Active Measure Goods
Mandatory hygienic requirements for domestic animal products and animal feeds Transportation of domestic animals and animal products must meet the following conditions: a) animals must be in good health, coming from non-infectious area or not transited through infectious area, and vaccinated by the veterinarian, b) properly packaged and in good hygiene, c) means of transportation, animal raising equipment, cage, and packaging materials for animal products must be treated to kill bacteria and virus prior to and after usage Active Measure Goods
Mandatory transportion and storage requirements for domestic animals and animal products The transportation of domestic animals and animal products must meet the following conditions: a) animals must be in good health, coming from non-infectious area or not transited through infectious area, and vaccinated by the veterinarian, b) properly packaged and in good hygiene, c) means of transportation, animal raising equipment, cage, and packaging materials for animal products must be treated to kill bacteria and virus prior to and after usage Active Measure Goods
Prohibitions and restrictions to import animals and animals products Importation of animals and animals products infected with epidemics diseases listed on MAFF epidemics diseases is strictly prohibited Active Measure Goods
Requirement to provide sanitary certificate when import or transit for animals and animal products Animals and animal products imported into or transited through Cambodia must provide sanitary certificate from exporting country in order to prevent the spread of animal infectious diseases Active Measure Goods
Mandatory transportation and storage requirements for transit for animals and animal products For the transit of animals and animal products through Cambodia the means of transportation must not be infected with epidemic diseases that could be contagious along the authorized route Active Measure Goods
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