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饲料和饲料添加剂管理条例 Regulations on Administration of Fodder and Fodder Additive

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(Adopted at the 17th Executive Meeting of the State Council on May 18, 1999, and promulgated by Decree No. 266 of the State Council of the People's Republic of China on May 29, 1999)
颁布日期:19990529  实施日期:19990529  颁布单位:国务院

  Chapter 1 General Provisions

  Article 1 These Regulations are formulated with a view to strengthening the administration of fodder and fodder additive, improving the quality of fodder and fodder additive, promoting the development of fodder industry and livestock breeding industry, and maintaining people's health.

  Article 2 The term "fodder" referred to in these Regulations means the fodder used for animal food after industrialized process and manufacture, including pure fodder, additive-preblended fodder, concentrated fodder, assorted fodder and supplemental fodder for refined fodder.

  The term "fodder additive" referred to in these Regulations means the small or minim amount of substance added during the course of processing, manufacturing and using, including nutritious fodder additive or ordinary fodder additive. The list of varieties of fodder additive shall be worked out and published by the competent department of agriculture administration of the State Council.

  Article 3 The competent departments of agriculture administration of the State Council is responsible for the administration work in relation to fodderor fodder additivethroughout the country.

  The departments responsible for the administration of fodderor fodder additiveunder the people's governments at or above the county level (hereinafter referred to as fodder administration department) shall take a responsibility in the administration work in relation to fodderor fodder additivewithin their respective administrative regions.

  Chapter 2 Administration of Verification and Import

  Article 4 The State encourages the research into and invention and production of new fodder and fodder additive.

  With respect to a newly invented fodder or fodder additive, before it is put into production, the inventor or the manufacturer (hereinafter referred to as the applicant) shall submit an application for verification of new product to the competent department of agriculture administration of the State Council, after the tests and feeding experiments by the institution designated by the competent department of agriculture administration of the State Council, the National Committee of Fodder Verification shall, in accordance with the result of the test and feeding experiment, conduct verification on the security, effect and impact on environment of the new product; for those found up to standard upon verification, the competent department of agriculture administration of the State Council shall issue a Certificate for New Fodder and New Fodder Additive, and make it public.

  The National Committee of Fodder Verification is composed of experts in the fields such as breeding, fodder processing, nutrition for animals, toxicology, pharmacology, metabolization, sanitation, chemical synthesis, biological technology, quality standard, and environmental protection, etc.

  Article 5 When applying for verification of new product of fodder and fodder additive, the applicant shall, besides the sample of the new products, provide the following documents:

  (1) the new product's name, major components and physical and chemical properties;

  (2) the new product's developing methods, manufacturing techniques, quality standards and testing methods;

  (3) the new product's effect in experimental breeding, dissolution trends of the survivors, and toxicology;

  (4) the statements on the impacts on the environment and the measures to prevent and control the pollution.

  Article 6 The product quality standards for new fodderor fodder additivepromulgated by the competent department of agriculture administration under the State Council are the standards of the industry; where it is necessary to formulate State standards, the matter shall be handled according to the relevant provisions of the Standardization Law.

  Article 7 Where a fodder or fodder additive is imported for the first time, an application for registration shall be submitted to the competent department of agriculture administration under the State Council, and the sample of the said fodder or fodder additive as well as the following materials shall be provided:

  (1)the trademark, label and circumstances concerning its popularization and application;

  (2)the certification certifying the approval of manufacture and sale granted by the producing country, and the registration materials in countries other than the producing country;

  (3)the materials stipulated in the Article 5 of these Regulations.

  Where the fodder or fodder additive mentioned in the preceding paragraph is found safe, effective, and no pollution to environment, a certificate of product registration shall be issued by the competent department of agriculture administration under the State Council.

  Chapter 3 Administration of Manufacture and Operation

  Article 8 In addition to the requirements for the establishment of an enterprise as stipulated in the relevant laws and administrative regulations, the establishment of an enterprises producing fodder or fodder additive shall also meet the following requirements:

  (1) possession of buildings, equipment, techniques and storage facilities suitable for the manufacture of fodder or fodder additive;

  (2) possession of full-time technical personnel qualified for the manufacture of fodder or fodder additive;

  (3) possession of necessary institution, personnel and facilities for the inspection of product quality;

  (4) the manufacturing circumstances conform to the requirements for security and sanitation stipulated by the State;

  (5) the measures for preventing and controlling pollution conforms to the requirements for environmental protection stipulated by the State.

  The enterprise registration formalities may be gone through only when the requirements stipulated in the preceding paragraph are conformed to upon the examination by the competent department of agriculture administration under the State Council or the fodder administration departments under the people's governments of provinces, autonomous regions or municipalities directly under the Central Government according to their respective authorities.

  Article 9 The enterprise manufacturing fodder additive or additive-preblended fodder shall, after being examined by fodder administration department under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, be issued a manufacture license by the competent department of agriculture administration under the State Council.

  After obtaining the manufacture license, the enterprise mentioned in the preceding paragraph shall be given the number of approval for fodder additive or additive-preblended fodder by the fodder administration department under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

  Article 10 The enterprise manufacturing fodder or fodder additive shall organize its production according to the standards for product quality, and execute the system of recording the production and leaving some samples of products for observation.

  Article 11 When manufacturing fodder or fodder additive, the enterprise shall not directly add any medicines for animals or any other medicines that are prohibited from using; with respect to the medicines for animals that are permitted to be added, only after being made into pharmic fodder additive, may they be added; when manufacturing pharmic fodder additive, hormonal medicines shall not be added.

  Article 12 When manufacturing fodder or fodder additive, the enterprise shall inspect the quality of the products. If the products are up to standard upon inspection, a certificate of product quality shall be attached; products without the certificate of product quality shall not be sold.

  Article 13 The package of fodder or fodder additive shall conform to the provisions of the State on security and sanitation.

  The package of fodder or fodder additive which is flammable or has any other special requirements shall bear warning signs or notes, and shall specify matters needing attention in storage and transportation.

  The wrappage of fodder or fodder additive is prohibited from being used repeatedly, unless the producer and the buyer agree otherwise.

  Article 14 A label shall be attached to the wrappage of fodder or fodder additive. The label shall, in Chinese or by proper symbols, mark the name of the product, raw materials, pledged values of componential analysis, net weight, date of manufacture, preserving period, factory's name, factory's address and product's standard number.

  The label of fodder additive shall also specify the usage and matters needing attention.

  The label of fodder which is added pharmic fodder additive shall specify the words "pharmic fodder additive added" as well as its chemical name, contents, usage and matters needing attention.

  The label of fodder additive or additive-preblended fodder shall specify the approval number of product and the number of manufacture license.

  Article 15 An enterprise operating fodder or fodder additive shall meet the following requirements:

  (1) possession of storage facilities suitable for the operation of fodder or fodder additive;

  (2) possession of technical personnel knowledgeable at using, storing and packing up fodder or fodder additive;

  (3) possession of necessary management system of product quality.

  Article 16 An enterprise operating fodder or fodder additive, when purchasing for stock, must check the label of the product and the certificate of product quality.

  It is prohibited from operating fodder or fodder additive without standards for product quality, certificate of product quality, manufacture license or approval number of the product.

  Article 17 It is prohibited from manufacturing and operating fodder or fodder additive which has already been suspended from use, banned from use, or eliminated through selection and contest as well as fodder or fodder additive that has bot been examined and made publicf.

  It is prohibited from operating imported fodder or fodder additive that has not been registered with the competent department of agriculture administration under the State Council.

  Article 18 Where any fodder or fodder additive is proved harmful to animal breeding, human health and environment during the course of using, the competent departments of agriculture administration under the State Council shall make a decision to limit, cease or ban its use and make the decision public.

  Article 19 It is prohibited from illustrating and promulgating that fodder or fodder additive has the effects of preventing and curing the animals' illnesses; the illustration of the functions of the pharmic fodder additive is allowed if it is added in.

  Article 20 Only after passing the check of the department of product quality supervision and administration or the competent department of agriculture administration under the State Council, or the check of the department of product quality supervision and administration or the fodder administration department under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, may an institution engaging in the inspection of quality of fodder or fodder additive conduct the inspection work in relation to the inspection of product quality of fodder or fodder additive.

  Article 21 The competent department of agriculture administration under the State Council may, according to the national program worked out by the department of product quality supervision and administration under the State Council for the work in relation to the supervision and random check of product quality, conduct supervision and random check of the quality of fodder or fodder additive; however, repeated random check is prohibited.

  The fodder administration department under the people's government at or above the county level may, according to the program for the work in relation to the supervision and random check of the quality of fodder and fodder additive, organize the supervision and random check on fodder or fodder additive, and make the result of random check public in conjunction with the department of product quality supervision and administration at the same level.

  Chapter 4 Penalty Provisions

  Article 22 Any enterprise, unit or individual, in violation of these Regulations, manufacturing fodder additive or additive-preblended fodder without obtaining a manufacturing license shall be ordered by the fodder administration department under the people's government at or above the county level to suspend the manufacture, have the illegally manufactured products and illegal gains confiscated, and shall also be fined not less one time nor more than five times the illegal gains; the enterprise, unit or individual having obtained a manufacture license but having not obtained approval number of product shall be ordered to suspend the manufacture and to obtain the approval number of product again within a specified time limit.

  Article 23 Any enterprise, unit or individual, in violation of these Regulations, operating fodder or fodder additive with no certificates of product quality and product label shall be ordered by the fodder administration department under the people's government at or above the county level to suspend the operation, have the illegally operated products and the illegal gains confiscated, and may also be fined not more than one time the illegal gains.

  Article 24 Where the package of fodder or fodder additive does not conform to the provisions of Article 13 of these Regulations, or the label attached does not conform to the provisions of Article 14 of these Regulations, the fodder administration department under the people's government at or above the county level shall order to make amends within a specified time limit; where no amends are made by the expiration of the time limit, the sale shall be order to suspend, and a fine of not more than one time the illegal gains may be imposed.

  Article 25 Any enterprise, unit or individual not having the qualifications as stipulated in Article 15 of these Regulations but operating fodder or fodder additive shall be ordered by the fodder administration department under the people's government at or above the county level to make amends within a specified time limit; where no amends are made by the expiration of the time limit, the operation shall be ordered to suspend and illegal gains confiscated, and a fine of not less than one time nor more than three times the illegal gains may also be imposed.

  Article 26 Where any enterprise, unit or individual, in violation of these Regulations, manufactures and operates fodder or fodder additive which has already been suspended from use, banned from use, eliminated through selection and contest, or not been examined and made public, the fodder administration department under the people's government at or above the county level shall order it to suspend the manufacture and operation, confiscate the illegal manufactured and operated products and the illegal gains, and shall also impose a fine of not less than one time nor more than five times the illegal gains.

  Article 27 Where any enterprise, unit or individual, in violation of these Regulations, commits any one of the following acts, the fodder administration department under the people's government at or above the county level shall order it to suspend the manufacture and operation, confiscate the illegally manufactured and operated products and illegal gains, and shall also impose a fine of not less than one time nor more than five times the illegal gains; where the circumstances are serious, its manufacture license shall also be revoked by the competent department of agriculture administration under the State Council; where a crime is constituted, criminal liability shall be investigated according to law:

  (1) faking fodder or fodder additive, or faking this category as another one during the process of manufacturing and operating;

  (2) the components and names of fodder or fodder additive manufactured and operated not conforming to those marked on the label;

  (3) the fodder or fodder additive manufactured and operated not measuring up;

  (4) the fodder or fodder additive operated ceasing to be effective, going mouldy or exceeding the preserved period.

  Article 28 Any enterprise, unit or individual operating imported fodder or fodder additive not registered with the competent department of agriculture administration under the State Council shall be ordered by the fodder administration department under the people's government at or above the county level to suspend the operation immediately, have the unsold products and the illegal gains confiscated, and shall also be fined not less than one time nor more than five times the illegal gains.

  Article 29 Where any enterprise, unit or individual imitates, counterfeits, or buys and sells manufacture license, approval number of product, or registration certificate of product of fodder additive and additive-preblended fodder, the competent department of agriculture administration under the State Council and the fodder administration department under the people's government of a province, an autonomous region or municipality directly under the Central Government shall, according to their respective functions and authorities, take over or revoke the department of agriculture administration under the State Council shall be ordered by the fodder administration department under the people's government at or above the county level, confiscate the illegal gains, and shall also impose a fine of not less than one time nor more than five times the illegal gains; where a crime is constituted, criminal liability shall be investigated according to law.

  Chapter 5 Supplementary Provisions

  Article 30 The meaning of the following terms in these Regulations are:

  (1) nutritious fodder additive refers to the small or minim amount of substances complementary to the nutrition components, including fodder aminophenol, vitamin, mineral minim elements, enzyme preparation and non-albumin nitrogen.

  (2) ordinary fodder additive refers to the small or minim amount of substances blended in fodder to warrant or improve the qualities and the utilization ratio of fodder.

  (3) pharmic fodder additive refers to the preblended substance of medicines for animals intermingled into the carriers or diluents to prevent and control the animals' illnesses, including medicines for anti-coccidiosis, helminthic medicines and bacteriostatic and growth-promoting medicines.

  Article 31 The administration of pharmic fodder additive shall be fulfilled according to the Regulations on Administration of Medicines for Animals.

  Article 32 These Regulations take effect as of the date of promulgation.

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