实验室生物安全法律法规是保障实验室工作人员、公众及环境免受病原微生物及相关因素危害的重要制度体系,其建立与完善旨在规范实验室生物安全活动,防范生物安全风险,我国已形成以《病原微生物实验室生物安全管理条例》为核心,涵盖多层级、多领域的法律法规体系,为实验室生物安全管理提供了全面依据。

从法律层级来看,实验室生物安全法律法规体系包括国家法律、行政法规、部门规章、标准及技术规范等,国家法律层面,《中华人民共和国生物安全法》作为生物安全领域的基础性法律,明确了生物安全风险防控的总体要求,将实验室生物安全作为生物安全的重要组成,规定了实验室设立、运行、操作规范及监督管理等基本原则。《中华人民共和国传染病防治法》也对病原微生物实验室的活动提出了要求,强调对可能导致甲类传染病以及国务院卫生行政部门规定的甲类传染病病原的微生物菌(毒)种、样本实行严格管理。《中华人民共和国动物防疫法》《中华人民共和国进出境动植物检疫法》等法律从不同领域对相关实验室生物安全活动作出规范。
行政法规层面,《病原微生物实验室生物安全管理条例》是实验室生物安全管理的核心法规,由国务院于2004年颁布并经2025年修订,对病原微生物的分类管理、实验室的分级管理、实验室的设立与审批、实验室运行规范、监督管理及法律责任等进行了全面规定,该条例根据病原微生物的传染性、感染后个体或者群体的危害程度,将病原微生物分为四类,并对应实行一类、二类、三类、四类管理,其中一类病原微生物能够引起人类或者动物非常严重疾病的微生物,以及我国尚未发现或者已经宣布消灭的微生物,如天花病毒、埃博拉病毒等,实行最严格的管理,根据实验室对所操作病原微生物的防护能力,将实验室分为一级、二级、三级、四级,不同等级实验室对应不同等级的病原微生物操作,如四级实验室从事一类病原微生物实验活动,需经国务院卫生健康主管部门或者兽医主管部门批准。
部门规章层面,卫生健康委员会、农业农村部等部门制定了多项配套规章,如《人间传染的病原微生物菌(毒)种保藏机构管理办法》《人间传染的高致病性病原微生物实验室和实验活动生物安全审批管理办法》《动物病原微生物菌(毒)种保藏管理办法》等,进一步细化了病原微生物菌(毒)种保藏、实验室实验活动审批、实验室生物安全事件应急处置等管理要求。《人间传染的高致病性病原微生物实验室和实验活动生物安全审批管理办法》明确了从事高致病性病原微生物相关实验活动的实验室应当具备的条件,以及实验活动审批的程序和时限,确保高风险实验活动的安全可控。
标准及技术规范是法律法规体系的重要补充,为实验室生物安全提供具体技术指引,国家层面发布了《实验室生物安全通用要求》(GB 19489)、《生物安全实验室建筑技术规范》(GB 50346)、《微生物和生物医学实验室生物安全通用准则》(WS 233)等一系列国家标准和卫生行业标准,涵盖了实验室设计、建设、设施设备、个人防护、操作规范、废物处理等各个方面,GB 19489规定了实验室生物安全通用要求,包括实验室的分区管理、个人防护装备的选择与使用、消毒与灭菌、菌(毒)种管理、实验室意外事故处理等,是实验室建设和运行的基本技术依据。

在监督管理方面,法律法规明确了各级政府及相关部门的监管职责,县级以上地方人民政府卫生健康主管部门、兽医主管部门负责本行政区域内的实验室生物安全监督管理工作,对实验室遵守生物安全规定的情况进行定期或不定期检查,对发现的违法行为依法予以查处,实验室设立单位则承担主体责任,负责实验室的生物安全日常管理,建立健全安全管理制度,配备必要的防护设施和设备,对实验室工作人员进行生物安全培训,并定期组织应急演练。
法律责任是保障法律法规实施的强制手段,对于违反实验室生物安全法律法规的行为,规定了明确的法律责任,根据《病原微生物实验室生物安全管理条例》,未按规定取得从事高致病性病原微生物相关实验活动的批准文件,或者未按照批准范围从事实验活动的,由县级以上地方人民政府卫生主管部门、兽医主管部门依照各自职责,责令停止违法行为,监督其将病原微生物销毁或者送交保藏机构,并处以罚款;造成传染病传播、流行或者其他严重后果的,依法追究刑事责任,实验室未建立健全安全管理制度或者未采取相应技术措施的,由县级以上人民政府卫生主管部门、兽医主管部门责令限期改正,给予警告;逾期不改正的,处一万元以下罚款;造成传染病传播、流行或者其他严重后果的,责令实验室暂停相关实验活动或者吊销实验室认可证书,由原发证部门吊销从事高致病性病原微生物相关实验活动的资格证书,并依法追究实验室负责人的法律责任。
以下为实验室生物安全相关法律法规主要内容及适用范围的部分梳理:
| 法律法规名称 | 发布/修订部门 | 适用范围 | |
|---|---|---|---|
| 《中华人民共和国生物安全法》 | 全国人大常委会 | 明确生物安全风险防控的总体要求,将实验室生物安全作为重要组成部分,规范实验室设立、运行、操作及监督管理 | 全国范围内涉及生物安全的实验室及相关活动 |
| 《病原微生物实验室生物安全管理条例》 | 国务院 | 病原微生物分类管理、实验室分级管理、实验室设立与审批、运行规范、监督管理及法律责任 | 所有从事病原微生物实验活动的实验室 |
| 《人间传染的病原微生物菌(毒)种保藏机构管理办法》 | 国家卫生健康委 | 病原微生物菌(毒)种保藏机构的设立、保藏管理、安全保卫、监督等 | 人间传染的病原微生物菌(毒)种保藏机构 |
| 《实验室生物安全通用要求》(GB 19489) | 国家市场监督管理总局、国家标准化管理委员会 | 实验室生物安全通用要求,包括实验室设计、设施设备、操作规范、废物处理等 | 各类生物安全实验室 |
随着生物技术的快速发展和全球生物安全形势的变化,我国实验室生物安全法律法规体系仍在不断完善,近年来,国家加强了生物安全风险防控体系和能力建设,修订了《生物安全法》《病原微生物实验室生物安全管理条例》等法律法规,进一步强化了实验室生物全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全

