Animal Husbandry Law of the People's Republic of China (2022)
Chapter l General Provisions
[edit]Article 1
This Law is enacted for purposes of regulating the production and business operation in animal husbandry, guaranteeing the supply, quality and safety of livestock and poultry products, protecting and making rational use of livestock and poultry genetic resources, cultivating and promoting fine livestock and poultry varieties, revitalizing the livestock and poultry breeding industry, safeguarding the lawful rights and interests of producers and business operators in animal husbandry, preventing public health risks, and promoting high-quality development of animal husbandry.
Article 2
This Law applies to the protection and utilization of livestock and poultry genetic resources, as well as the breeding, raising, business operation, transportation and slaughter of livestock and poultry within the territory of the People's Republic of China.
For purposes of this Law, the term "livestock and poultry" refers to those listed in the catalog of livestock and poultry genetic resources published in accordance with the provisions of Article 12 of this Law.
The relevant provisions of this Law shall apply to the protection, utilization, production and business operation of bee and silkworm resources.
Article 3
The state supports the development of animal husbandry and gives full play to its role in the development of agriculture and the rural economy as well as in the increase of farmers' incomes.
People's governments at or above the county level shall incorporate the development of animal husbandry into plans for national economic and social development, strengthen the construction of infrastructure for animal husbandry, encourage and support large-scale, standardized and smart livestock farming, promote mixed crop and livestock farming, adopt a circular approach to agriculture and animal husbandry for the green development thereof, advance industrialized operation of animal husbandry, increase the comprehensive productivity of animal husbandry, and develop safe, high-quality, efficient and eco-friendly animal husbandry.
The state helps and supports ethnic minority areas and underdeveloped areas to develop animal husbandry, protect and rationally utilize grasslands, and improve production conditions in animal husbandry.
Article 4
The state takes measures to train professionals in animal husbandry and veterinary medicine, strengthen the monitoring of livestock and poultry epidemic diseases and the development of livestock and poultry vaccines, improve the animal husbandry and veterinary technology dissemination system at the primary level, promote scientific and technological research in animal husbandry and veterinary medicine and the wide use of the research results, enhance animal husbandry standards, disseminate scientific and technological knowledge and provide information services relating to animal husbandry and veterinary medicine, and promote scientific and technological progress and innovation in animal husbandry.
Article 5
The competent department of agriculture and rural affairs under the State Council is responsible for the supervision and administration of animal husbandry nationwide. The competent departments of agriculture and rural affairs of local people's governments at or above the county level are responsible for the supervision and administration of animal husbandry within their respective administrative areas.
The relevant competent departments of people's governments at or above the county level shall, within the scope of their respective duties, be responsible for facilitating the development of animal husbandry.
Article 6
The competent department of agriculture and rural affairs under the State Council shall give guidance to producers and business operators in animal husbandry to help them improve the conditions and environment for the breeding, raising, transportation and slaughter of livestock and poultry.
Article 7
People's governments at all levels and their relevant departments shall strengthen publicity about laws and regulations related to animal husbandry.
Entities and individuals that have made remarkable achievements in the development of animal husbandry shall be commended and awarded in accordance with relevant state regulations.
Article 8
Producers and business operators in animal husbandry may, of their own free will, establish associations of the industry in accordance with law, so as to provide their members with services in terms of information, technology, marketing, training, etc., improve self-regulation of the industry and protect the interests of their members and the industry.
Article 9
Producers and business operators in animal husbandry shall discharge the obligations of animal epidemic prevention and eco-environmental protection in accordance with law and accept law-based supervision and inspections by relevant competent departments.
Chapter Ⅱ Protection of Livestock and Poultry Genetic Resources
[edit]Article 10
The state establishes the protection system for livestock and poultry genetic resources and conducts work such as investigation, protection, identification, registration, monitoring and utilization of such resources. People's governments at all levels shall take measures to strengthen the protection of livestock and poultry genetic resources, and incorporate the funds for the protection of such resources in their respective budgets.
The state plays a major role in the protection of livestock and poultry genetic resources, encourages participation by actors from different sectors, adheres to the principle of prioritizing protection and utilizing resources efficiently, and implements a protection system covering different categories and levels.
The state encourages and supports relevant entities and individuals to develop the cause of protecting livestock and poultry genetic resources in accordance with law, and encourages and supports institutions of higher learning, scientific research institutes and enterprises to strengthen basic research on the protection and utilization of livestock and poultry genetic resources and improve their capabilities of scientific and technological innovation.
Article 11
The competent department of agriculture and rural affairs under the State Council shall set up the National Commission for Livestock and Poultry Genetic Resources, which, composed of specialists, shall be responsible for the identification and assessment of livestock and poultry genetic resources as well as the verification of new varieties and synthetic lines of livestock and poultry, provide demonstrations of plans for protecting and utilizing livestock and poultry genetic resources and offer consulting services regarding the protection of such resources.
Article 12
The competent department of agriculture and rural affairs under the State Council shall be responsible for regularly organizing investigations of livestock and poultry genetic resources, releasing reports on the conditions of such resources in the country, and publishing the catalog of national livestock and poultry genetic resources approved by the State Council.
The catalog of national livestock and poultry genetic resources may include animals that are developed through domestication and selective breeding, have stable heritable traits, qualify as breeds, have a certain population size, and can reproduce independently from wild populations.
Article 13
The competent department of agriculture and rural affairs under the State Council shall, based on the geological distribution of livestock and poultry genetic resources, make the national plan for protecting and utilizing such resources, draw up, adjust and publish the national-level directory of livestock and poultry genetic resources under protection, and provide priority protection for genetic resources of precious, rare or endangered livestock and poultry originating from China.
The competent departments of agriculture and rural affairs of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, based on the national plan for protecting and utilizing livestock and poultry genetic resources and the conditions of those genetic resources within their respective administrative areas, draw up, adjust and publish the provincial-level directories of livestock and poultry genetic resources under protection, and submit them to the competent department of agriculture and rural affairs under the State Council for record to strengthen the protection for local livestock and poultry genetic resources.
Article 14
Breeds reservation farms, genetic resources conservation zones and gene banks for livestock and poultry with the task of protecting such genetic resources shall be set up or designated by the competent department of agriculture and rural affairs under the State Council in accordance with the national plan for protecting and utilizing livestock and poultry genetic resources and the national-level directory of livestock and poultry genetic resources under protection, and by such departments of people's governments of provinces, autonomous regions, or municipalities directly under the Central Government in accordance with the provincial-level directories of livestock and poultry genetic resources under protection.
No breeds reservation farm, genetic resources conservation zone or gene bank for livestock and poultry supported by the central finance or provincial-level finance shall dispose of protected livestock and poultry genetic resources without approval by the competent department of agriculture and rural affairs under the State Council or by such a department of the people's government of a province, an autonomous region or a municipality directly under the Central Government.
Gene banks for livestock and poultry shall, in accordance with the regulations of the competent department of agriculture and rural affairs under the State Council or of such a department of the people's government of a province, an autonomous region or a municipality directly under the Central Government, regularly collect and update their genetic material on livestock and poultry. The entities and individuals concerned shall cooperate with gene banks in collecting genetic data of livestock and poultry, and shall have the right to appropriate economic compensation for such cooperation.
Local people's governments at or above the county level shall ensure that breeds reservation farms and gene banks for livestock and poultry have access to the land as needed. Closure or relocation of such farms and gene banks, if indeed necessary, shall be approved by the organs that established or designated them, and, in the case of relocation, proper arrangements shall be made in accordance with the principle of construction before demolition.
Measures for the administration of breeds reservation farms, genetic resource conservation zones and gene banks for livestock and poultry shall be formulated by the competent department of agriculture and rural affairs under the State Council.
Article 15
Before newly discovered livestock and poultry genetic resources are sent to the National Commission for Livestock and Poultry Genetic Resources for identification, competent departments of agriculture and rural affairs of people's governments of provinces, autonomous regions, or municipalities directly under the Central Government shall draw up a protection plan, take provisional protective measures, and report the matter to the competent department of agriculture and rural affairs under the State Council for record.
Article 16
Where livestock and poultry genetic resources are to be introduced from overseas, an application shall be submitted to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government; and after examination, the department that accepts the application shall submit it to the competent department of agriculture and rural affairs under the State Council for assessment, argumentation, and approval, except where the State Council stipulates the approval authority otherwise. Upon approval, relevant formalities shall be gone through and quarantine inspections shall be conducted in accordance with the provisions of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine.
Where it is discovered that the livestock and poultry genetic resources introduced from overseas are harmful or may become harmful to the livestock and poultry genetic resources or ecology at home, the competent department of agriculture and rural affairs under the State Council shall, after consultation with relevant competent departments, take necessary safety control measures.
Article 17
The state has sovereignty over livestock and poultry genetic resources. An entity or individual that intends to export such genetic resources included in a directory of the livestock and poultry genetic resources under protection, or intends to cooperate with a foreign institution or individual to conduct research within China in the utilization of such resources, shall submit an application with a plan for the benefits to be jointly shared by both countries, to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government; and after examination, the department that accepts the application shall submit it to the department of agriculture and rural affairs under the State Council for approval.
Where livestock and poultry genetic resources are to be exported overseas, the relevant formalities shall be gone through and quarantine inspections shall be conducted in accordance with the provisions of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine.
Before newly discovered livestock and poultry genetic resources are identified by the National Commission for Livestock and Poultry Genetic Resources, they shall not be exported overseas, nor shall any research in their utilization be conducted in cooperation with any foreign institution or individual.
Article 18
The State Council shall formulate the measures for approving the entry and exit of livestock and poultry genetic resources and the research in their utilization in cooperation with foreign institutions and individuals.
Chapter Ⅲ Selection, Production and Business Operation of Breeding Livestock and Poultry
[edit]Article 19
The state supports the selective breeding of different varieties of livestock and poultry and the wide use of improved varieties, implements the national livestock and poultry genetic improvement plan, supports enterprises, institutes of higher learning, scientific research institutions and technology popularization entities in carrying out joint breeding, and establishes a sound system of breeding improved varieties of livestock and poultry.
People's governments at or above the county level shall support the development and utilization of breeds included in directories of livestock and poultry genetic resources under protection, so as to increase the supply of special livestock and poultry products and meet diversified consumer demands.
Article 20
The state encourages and supports proprietary innovation in the livestock and poultry breeding industry, channels greater efforts in tackling key problems in breeding technologies, and supports the development of innovative enterprises that combine selective breeding with production and business operation.
Article 21
Prior to their sale and promotion, new varieties and synthetic lines of livestock and poultry, and newly discovered livestock and poultry genetic resources shall undergo verification or identification by the National Commission for Livestock and Poultry Genetic Resources, and the results shall be announced by the competent department of agriculture and rural affairs under the State Council. The measures for the verification of new varieties and synthetic lines of livestock and poultry and the measures for the identification of livestock and poultry genetic resources shall be formulated by the competent department of agriculture and rural affairs under the State Council. The expenses of experimentation and testing required for verification or identification shall be borne by the applicants.
The legitimate rights and interests of the persons cultivating new varieties and synthetic lines of livestock and poultry shall be protected by law.
Article 22
The importation, breeding, testing, verification and promotion of transgenic varieties of livestock and poultry shall be in conformity with the state regulations on the safety of agricultural transgenic organisms.
Article 23
The institutions for the dissemination of animal husbandry and veterinary technologies at or above the provincial level shall organize the quality monitoring of breeding livestock and the registration of fine individuals, and recommend fine breeding livestock to the community. The rules for the registration of fine breeding livestock shall be formulated by the department of agriculture and rural affairs under the State Council.
Article 24
To engage in the production and business operation of breeding livestock or poultry, or young commercial livestock or poultry, an entity or individual shall obtain a license for the production and business operation of breeding livestock or poultry.
To obtain a license for the production and business operation of breeding livestock or poultry, an applicant shall meet the following conditions:
(1) that the breeding livestock or poultry for production and business operation are the varieties and the synthetic lines that have gone through verification or identification by the National Commission for Livestock and Poultry Genetic Resources, or that are introduced from abroad upon approval;
(2) that it has animal husbandry and veterinary technicians commensurate with the scale of production and business operation;
(3) that it has breeding facilities and equipment commensurate with the scale of the production and business operation;
(4) that it meets the conditions for prevention of epidemic diseases among the breeding livestock or poultry as required by laws and administrative regulations as well as by the competent department of agriculture and rural affairs under the State Council;
(5) that it has a sound quality control and breeding record system; and
(6) that it meets other conditions provided for by laws and administrative regulations.
Article 25
To obtain a license for production and business operation of genetic material such as the ova, semen and embryos of livestock, an applicant shall, in addition to meeting the conditions provided for in the second paragraph ofArticle 24
of this Law, also meet the following requirements:
(1) that it meets the conditions for laboratories and for storage and transportation of such genetic material as specified by the competent department of agriculture and rural affairs under the State Council;
(2) that it meets the quantity and quality requirements for the breeding livestock specified by the competent department of agriculture and rural affairs under the State Council;
(3) that the embryos obtained from in vitro fertilization and the ova to be used are from unequivocal sources, and that the donor livestock are in conformity with the standards and requirements specified by the state with regard to the health and quality of breeding livestock; and
(4) that it meets the relevant compulsory standards of the state and other technical requirements specified by the competent department of agriculture and rural affairs under the State Council.
Article 26
To obtain a license for the production and business operation of genetic material such as the ova, semen and embryos of livestock, an application shall be submitted to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government. The department that receives the application shall make a decision in accordance with law on whether to issue such a license within 60 working days from the date it receives the application.
The licenses for the production and business operation of other breeding livestock or poultry shall be issued after examination by competent departments of agriculture and rural affairs of local people's governments at or above the county level.
The state administers licenses for the production and business operation of breeding livestock and poultry in a unified way according to a hierarchical responsibility system, and allows the filing of applications on a unified information platform. Information on the approval and issuance of licenses for the production and business operation of breeding livestock and poultry shall be made public in accordance with law. Specific measures and license templates shall be made by the competent department of agriculture and rural affairs under the State Council.
Article 27
A license for the production and business operation of breeding livestock or poultry shall clearly indicate matters such as the name of the producer or business operator, the address of the farm (factory), the scope of production or business operation and the beginning and ending dates of the valid term of the license.
It is prohibited to engage in the production and business operation of breeding livestock or poultry, or of young commercial livestock or poultry without the abovementioned license or in violation of the provisions of such a license. Forging, altering, transferring and leasing the license for the production and business operation of breeding livestock or poultry are prohibited.
Article 28
A rural household need not obtain a license for the production and business operation of breeding livestock or poultry for raising them for its own use, selling a small number of surplus young livestock or poultry, or raising sires for mating with breeding livestock or poultry of other households on a mutual assistance basis.
Article 29
To launch an advertisement for breeding livestock or poultry, an advertiser shall hold or provide the license for the production and business operation of breeding livestock or poultry and the business license. The contents of such advertisement shall be in conformity with the provisions of relevant laws and administrative regulations, and the name of the verifier or identifier of the varieties or the synthetic lines shall clearly be stated, and the descriptions of their main characters shall be in conformity with the standards on such varieties or synthetic lines.
Article 30
The breeding livestock and poultry for sale and the sires used by livestock mating stations (points) shall meet the breeding standards. The breeding livestock and poultry for sale shall be accompanied by compliance certificates issued by breeding livestock or poultry farms and quarantine certificates issued by animal health supervision institutions, and the breeding livestock and poultry for sale shall, in addition, be accompanied by certificates of pedigree issued by breeding livestock or poultry farms.
A producer of ova, sperm, embryos or other genetic material of livestock shall keep complete records of the collection, sale, transplantation, etc. of such genetic material, and preserve the records for 2 years.
Article 31
No one shall commit any of the following acts in selling breeding livestock and poultry:
(1) passing varieties or synthetic lines of other livestock and poultry off as those for sale;
(2) passing breeding livestock and poultry of an inferior generation off as those of a superior generation;
(3) passing livestock and poultry that do not meet the breeding standards off as breeding livestock and poultry;
(4) selling breeding livestock and poultry imported without approval;
(5) selling breeding livestock or poultry not accompanied by a compliance certificate and a quarantine certificate of breeding livestock or poultry, or selling breeding livestock not accompanied by a certificate of pedigree as provided for byArticle 30
of this Law; or
(6) selling varieties or synthetic lines of breeding livestock and poultry that are not verified or identified.
Article 32
To apply for the import of breeding livestock or poultry, an applicant shall obtain a license for the production and business operation of breeding livestock or poultry. An applicant that fails to obtain such a license for the reason of not having breeding livestock or poultry, shall provide an explanatory document issued by the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government. The approval document for the import of breeding livestock or poultry is valid for 6 months.
Breeding livestock and poultry to be imported shall meet the technical requirements prescribed by the competent department of agriculture and rural affairs under the State Council. With respect to the breeding livestock and poultry to be imported for the first time, their breeding characteristics shall be subject to assessment by the National Commission for Livestock and Poultry Genetic Resources.
In addition to the provisions of the preceding two paragraphs, the relevant provisions of Articles 16, 17 and 22 of this Law shall apply to the administration of the import and export of breeding livestock and poultry.
The state encourages livestock and poultry farmers to produce new varieties and synthetic lines of imported livestock and poultry; and such new varieties and synthetic lines shall be subject to verification by the National Commission for Livestock and Poultry Genetic Resources before they are popularized.
Article 33
A seller of young commercial livestock or poultry shall provide buyers with information on the main production performance indicators, immunization, and technical requirements for farming the young livestock or poultry, as well as the relevant consulting services and the quarantine certificates issued by animal health supervision institutions.
Where losses are caused to livestock or poultry farmers due to the quality of purchased breeding livestock or poultry, or the quality of young commercial livestock or poultry, the sellers shall pay compensation for such losses in accordance with law.
Article 34
The competent departments of agriculture and rural affairs of people's governments at or above the county level shall be in charge of supervision and control over the quality and safety of breeding livestock and poultry at their corresponding levels. Statutorily qualified breeding livestock and poultry quality inspection institutions shall be entrusted with the supervision and inspection of the quality and safety of breeding livestock and poultry; and the expenses of such inspections shall be listed in the budget at the same level, and shall not be collected from those that such inspections are conducted for.
Article 35
The relevant provisions of this Law shall apply to the protection of resources, the selective breeding of new varieties, the production and business operation, as well as the popularization of breeding bees and breeding silkworms. The specific administrative measures shall be formulated by the competent department of agriculture and rural affairs under the State Council.
Chapter IV Livestock and Poultry Farming
[edit]Article 36
The state establishes and improves a modern livestock and poultry farming system. The competent departments of agriculture and rural affairs of people's governments at or above the county level shall, in accordance with the development plan for animal husbandry and in light of market demands, guide and support the restructuring of animal husbandry, promote the production of superior livestock and poultry breeds, and enhance the market competitiveness of livestock and poultry products.
Article 37
People's governments at all levels shall ensure that the reasonable land demand for livestock and poultry farming is met. In the spatial planning at the county level, the land use plan for livestock and poultry farming shall be made based on local conditions. Such a piece of land shall be administered as agricultural land. Where such a piece of land needs to be restored to its original use when the time period of its use for livestock and poultry breeding expires or when its user ceases to engage in livestock and poultry farming activities, the user of the land shall be responsible for such restoration. Where agricultural land needs to be converted into non-agricultural land for the construction of permanent buildings (structures) within the limits of the land used for livestock and poultry farming, the matter shall be handled in accordance with the provisions of the Land Administration Law of the People's Republic of China.
Article 38
The institutions set up by the state for popularizing animal husbandry and veterinary technologies shall provide services such as training in the technologies of livestock and poultry farming and harmless treatment and resource utilization of livestock and poultry manure, popularization of fine varieties, and epidemic prevention and treatment. People's governments at or above the county level shall guarantee the funds needed by such institutions to provide technical services of a public welfare nature.
The state encourages enterprises engaged in the processing of livestock and poultry products and other relevant producers and business operators to provide services needed by livestock and poultry farmers.
Article 39
Livestock and poultry farms shall meet the following conditions:
(1) having production premises and supporting facilities commensurate with their scale of farming;
(2) having animal husbandry and veterinary technicians in their service;
(3) meeting the conditions for epidemic prevention as provided for by laws and administrative regulations and prescribed by the competent department of agriculture and rural affairs under the State Council;
(4) having suitable facilities and equipment for the harmless treatment and resource utilization of livestock and poultry manure; and
(5) other conditions provided for by laws and administrative regulations.
The founder of a livestock or poultry farm shall submit information such as the name, address, the varieties of the livestock or poultry to be farmed as well as the farming scale to the competent department of agriculture and rural affairs under the people's government at the county level where the farm is located for record, and obtain identification codes for the livestock or poultry.
The scale standards and measures for the record administration of livestock and poultry farms shall be formulated by the competent department of agriculture and rural affairs under the State Council.
The conditions for epidemic prevention and the requirements relating to the harmless treatment and resource utilization of livestock and poultry manure shall be provided for by the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government in conjunction with other relevant departments.
Article 40
The siting and construction of livestock or poultry farms shall comply with the spatial planning and relevant laws and regulations; no livestock or poultry farms shall be constructed in livestock and poultry farming prohibition areas in violation of laws and regulations.
Article 41
A livestock or poultry farm shall keep files on the livestock or poultry farming, in which the following shall be clearly stated:
(1) the varieties, quantity, records of breeding, identification, origins and dates of entry into and exit from the farm of livestock or poultry;
(2) the origins and names of inputs such as feed, feed additives and veterinary medicines, the animals on which the inputs are used, the time when the inputs are used and the amounts used;
(3) information on quarantine, immunization, and disinfection;
(4) diseases, deaths and harmless treatment information;
(5) the collection, storage, harmless treatment and resource utilization of livestock or poultry manure; and
(6) other matters prescribed by the competent department of agriculture and rural affairs under the State Council.
Article 42
A livestock or poultry farm shall provide the livestock or poultry farmed with suitable breeding conditions and the environment for their survival and growth.
Article 43
No livestock or poultry farmer may:
(1) use feed, feed additives or veterinary medicines in violation of laws and administrative regulations, compulsory standards of the state, and the regulations of the competent department of agriculture and rural affairs under the State Council;
(2) feed livestock with slops from restaurants or canteens that have not gone through high-temperature processing;
(3) raise livestock or poultry at garbage dumping grounds or feed them with the substances dumped at such grounds;
(4) abandon or dispose of sick or dead livestock or poultry at will; or
(5) commit any other act harmful to the health of human beings or livestock or poultry, as provided for by laws and administrative regulations, and prescribed by the competent department of agriculture and rural affairs under the State Council.
Article 44
Livestock and poultry farmers shall effectively prevent and control epidemic diseases and ensure the quality and safety of livestock and poultry in accordance with the Law of the People's Republic of China on Animal Disease Control and the Law of the People's Republic of China on Quality and Safety of Agricultural Products.
Article 45
Livestock and poultry farmers shall, in accordance with state regulations on the administration of livestock and poultry identification marks, attach such marks to the designated parts of livestock and poultry. Competent departments of agriculture and rural affairs shall not charge fees for the identification marks provided, and related expenses shall be listed in the budgets of people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Forgery, alteration, or reuse of livestock and poultry identification marks shall be prohibited. It is prohibited to possess or use forged or altered identification marks of livestock and poultry.
Article 46
Livestock and poultry farms shall ensure the normal operation of facilities for the harmless treatment and resource utilization of livestock and poultry manure, and the comprehensive utilization or compliant discharge of the manure so as to prevent environmental pollution. Where environmental pollution is caused by their illegal discharge or improper management, they shall eliminate the hazards and compensate for the losses caused by the pollution in accordance with law.
The state supports the construction of facilities for the collection, storage, harmless treatment and resource utilization of livestock and poultry manure, promotes nutrient balance management of the manure, and boosts the utilization of agricultural organic fertilizer and mixed crop and livestock farming.
Article 47
The state gives guidance to livestock and poultry farmers to develop in an orderly manner in accordance with the animal husbandry development plan, strengthens the instruction and assistance for them, protects their lawful rights and interests, and prohibits the arbitrary termination of their business operation by administrative means.
The state encourages agriculture-related enterprises to give guidance to livestock and poultry farmers to integrate themselves into the modern animal husbandry industry chain, strengthens the commercial services for livestock and poultry farmers, supports livestock and poultry farmers and specialized animal husbandry cooperatives in developing large-scale and standardized production, supports the development of new industries and business forms, and promotes their integration with tourism, culture, ecology, and other industries.
Article 48
The state supports the development of specialized livestock and poultry farming. People's governments at or above the county level shall take measures to support the establishment of a farming system commensurate with the development of the specialized livestock and poultry breeding industry.
Article 49
The state encourages the development of apiculture and protects the lawful rights and interests of beekeepers.
The relevant departments shall actively disseminate and popularize the agronomic techniques of honeybee pollination.
Article 50
In the process of production, beekeepers shall not use medicines and containers harmful to the quality and safety of honeybee products so as to guarantee product quality. Containers and tools for beekeeping shall meet the national standards and the technical requirements specified by the relevant departments under the State Council.
Article 51
When beekeepers move to another place for bee keeping, the relevant local departments of public security, transportation, agriculture and rural affairs, etc. shall provide them with the necessary conveniences.
When a beekeeper moves to another place for bee keeping within China, he shall have the bee colonies transported on the strength of the uniform quarantine certificate printed by the competent department of agriculture and rural affairs under the State Council. Redundant quarantine shall not be conducted within the valid period of the quarantine certificate.
Chapter Ⅴ Grassland Animal Husbandry
[edit]Article 52
The state supports the scientific utilization of grasslands, coordinates the protection of grasslands with the development of grassland animal husbandry, adheres to the principles of giving priority to the ecological protection and integrating the promotion of production and the ecological protection, develops industries with competitive advantages, promotes the income growth of farmers and herdsmen, improves the capacity of grasslands for sustainable development, builds a strong ecological security shield, and promotes the coordinated development of production, living and ecology in pastoral areas.
Article 53
The state supports the transformation of the development mode of grassland animal husbandry in pastoral areas and strengthens the construction of grassland water conservancy, pasture fencing, forage production, processing and storage, livestock pens, pastoral roads and other infrastructure.
The state encourages the adoption of farming methods such as stall feeding and semi-stall feeding, seasonal grazing, and rotational grazing, so as to reasonably allocate animal herds and maintain a balance between forage supply and livestock demand.
Article 54
The state supports the selective breeding, import and wide use of high-quality forage varieties, promotes artificial grassland construction, natural grassland improvement and forage base construction in light of local conditions, optimizes the plantation structure, and improves the capacity to guarantee forage supply.
Article 55
The state supports farmers and herdsmen in developing specialized animal husbandry cooperatives and modern family ranches, promotes appropriate-scale breeding, improves the standardization level of production, and builds production bases for cattle, sheep and other important livestock products.
Article 56
The competent departments of agriculture and rural affairs of people's governments at all levels in pastoral areas shall encourage and give guidance to farmers and herdsmen to improve livestock varieties, optimize the composition of livestock herds, practice scientific feeding, reasonably speed up the sales turnover of livestock, and promote the reduction of costs and improvement of quality and efficiency of grassland animal husbandry.
Article 57
The state strengthens the protection against disasters in grassland animal husbandry, includes funds for disaster prevention and mitigation in the said industry in its budget, optimizes facilities and equipment conditions, improves the insurance system for cattle, sheep and other livestock in pastoral areas, and enhances the capability to withstand natural disasters.
Article 58
The state improves the subsidy and reward policy for grassland ecological protection, and gives subsidies and rewards to farmers and herdsmen for implementing grazing exclusion and balancing forage supply and livestock demand in accordance with relevant state regulations.
Article 59
The relevant local people's governments shall support the coordinated development of grassland animal husbandry and rural tourism, culture and other industries, promote the integration of primary, secondary and tertiary industries, improve the level of industrialization, branding and uniqueness of animal husbandry, increase the income of farmers and herdsmen, and promote the revitalization of pastoral areas.
Article 60
Where the development of grassland animal husbandry involves activities of grassland protection, construction, utilization and management, the provisions of laws and regulations on grassland protection shall be complied with.
Chapter Ⅵ Trade in and Transportation of Livestock and Poultry
[edit]Article 61
The state accelerates the establishment of a trading market for livestock and poultry characterized by unification, openness, orderly competition, safety and convenience.
Article 62
Local people's governments at or above the county level shall, based on their development plans for wholesale markets of agricultural products, support the establishment of wholesale markets of livestock and poultry at places where livestock and poultry products are distributed and sold.
The sites selected for wholesale markets of livestock and poultry shall meet the requirements for animal epidemic prevention, as provided for by laws and administrative regulations and prescribed by the competent department of agriculture and rural affairs under the State Council, and shall be at least 3 kilometers away from the breeding livestock or poultry farms and from the large-scale livestock or poultry farms.
Article 63
The livestock and poultry to be traded shall meet the requirements of quality and safety standards for agricultural products and the technical specifications prescribed by the relevant departments under the State Council.
Livestock and poultry not bearing identification marks as required by the competent department of agriculture and rural affairs under the State Council shall not be sold or purchased.
The state encourages slaughterhouse operators of livestock and poultry to purchase livestock and poultry directly from livestock and poultry farmers and establish stable purchasing channels, so as to reduce the risk of animal epidemics as well as the risks to quality and safety.
Article 64
Transportation of livestock and poultry shall meet the requirements for animal epidemic prevention as provided for by laws and administrative regulations and prescribed by the competent department of agriculture and rural affairs under the State Council. Measures shall be taken to protect the safety of livestock and poultry and to provide them with necessary space, feed and drinking water in the course of transportation.
Inspection of livestock and poultry conducted in the course of transportation by relevant departments shall be based on laws and administrative regulations.
Chapter VII Slaughter of Livestock and Poultry
[edit]Article 65
The state implements a system of designated pig slaughter establishments. Similar slaughter systems can be implemented for other livestock and poultry, and the specific measures shall be formulated by the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government. The slaughter of livestock or poultry by individuals in rural areas for their own consumption is exempted from the implementation of this system.
People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate and organize the implementation of livestock and poultry slaughter industry development plans in accordance with the principles of scientific layout, centralized slaughter, facilitation of circulation, and convenience for the public and in light of the actual conditions of livestock and poultry farming, animal epidemic prevention and control, and consumption of livestock and poultry products, etc.
Article 66
The state encourages livestock and poultry slaughter enterprises to slaughter livestock and poultry locally, encourages them to relocate to main farming areas, and supports the development of a cold chain system for the processing, storage, and transport of livestock and poultry products.
Article 67
A livestock or poultry slaughter enterprise shall meet the following conditions:
(1) having water supply that is commensurate with the scale of slaughter and meets the water quality standards set by the state;
(2) having facilities, equipment, and delivery carriers that comply with the state regulations;
(3) being staffed with slaughter technicians who have obtained health certificates in accordance with law;
(4) being staffed with qualified veterinary inspectors; and
(5) having obtained in accordance with law the certificate of compliance with animal epidemic prevention conditions and other supporting documents specified by laws and regulations.
Article 68
A livestock or poultry slaughterhouse operator shall strengthen the quality and safety management of slaughter. A livestock or poultry slaughter enterprise shall establish a quality and safety management system for livestock or poultry slaughter.
Livestock and poultry products that have not been inspected or quarantined or fail to pass the inspection or quarantine shall not be delivered for sale. Livestock and poultry products that fail to pass inspection or quarantine shall be treated in accordance with relevant state regulations.
People's governments at all levels shall, in accordance with the relevant regulations, provide subsidies for the costs of and losses caused by harmless treatment of livestock and poultry products.
Article 69
The competent department of agriculture and rural affairs under the State Council shall organize the formulation of the risk monitoring plan for livestock and poultry slaughter quality and safety.
Based on the national risk monitoring plan for livestock and poultry slaughter quality and safety, competent departments of agriculture and rural affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of actual conditions, formulate and organize the implementation of the risk monitoring plans for livestock and poultry slaughter quality and safety in their respective administrative regions.
Chapter VIII Support and Supervision
[edit]Article 70
People's governments at or above the provincial level shall arrange funds in their respective financial budgets such as fine varieties subsidies, interest discount subsidies and insurance premium subsidies to support innovation in the livestock and poultry breeding industry and the development of animal husbandry, and encourage relevant financial institutions to provide financial services to support livestock and poultry farmers in buying and breeding fine varieties, preventing epidemics, improving production facilities, and facilities and equipment for the harmless treatment and resource utilization of livestock and poultry manure, and expanding the scale of breeding, so as to increase the economic returns of livestock and poultry farming.
Article 71
People's governments at or above the county level shall, in accordance with the provisions of this Law and other relevant laws and administrative regulations, make arrangements for the competent departments of agriculture and rural affairs and other relevant departments to tighten the supervision and management of the farming environments of livestock and poultry, the quality of breeding livestock and poultry, the trade in and transportation of livestock and poultry, the slaughter of livestock and poultry, and the production, business operation and the use of feed, feed additives, veterinary medicines and other inputs.
Article 72
The competent department of agriculture and rural affairs under the State Council shall formulate the measures for the administration of identification marks and farming files of livestock and poultry, and shall take measures to implement the livestock and poultry product quality and safety traceability and responsibility system.
Article 73
The competent departments of agriculture and rural affairs of the people's governments at or above the county level shall work out plans for supervision of and spot checks on the quality and safety of livestock and poultry, and carry out supervision and spot checks in accordance with their plans.
Article 74
The competent departments of agriculture and rural affairs of people's governments at or above the provincial level shall draw up livestock and poultry production specifications to give guidance on the safe production of livestock and poultry.
Article 75
The state establishes a unified production system and a market monitoring and early warning system for livestock and poultry products, gradually improves the reserve adjustment mechanism for livestock and poultry products, strengthens market regulation, and maintains a balance between market supply and demand, ensuring the healthy development of animal husbandry.
The relevant departments of people's governments at or above the county level shall release information on the production and sale of livestock and poultry in a timely manner, and provide information services for livestock and poultry producers and business operators.
Article 76
The state strengthens the development of livestock and poultry production, processing, sale and transportation systems, and enhances the capability to guarantee the supply security of livestock and poultry products.
People's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for guaranteeing the supply of livestock and poultry products within their respective administrative regions, and shall establish a policy support and responsibility assessment system for ensuring production stability and supply security.
The state encourages main livestock and poultry sales areas to establish stable cooperative relationships with main livestock and poultry producing areas through cross-regional cooperation, establishment of farming bases, and other means.
Chapter IX Legal Liability
[edit]Article 77
Where the competent department of agriculture and rural affairs of a people's government at or above the county level or any of its staff members commits one of the following acts in violation of this Law, the directly responsible persons in charge and other directly responsible persons shall be given sanctions in accordance with law:
(1) accepting money or other forms of property given by another person or seeking other benefits by taking advantage of his position;
(2) issuing licenses to an ineligible applicant or beyond statutory purview;
(3) failing to investigate and punish the illegal acts discovered; or
(4) other acts of not performing supervision and management duties in accordance with law, including other acts of abuse of powers, dereliction of duty, or engaging in malpractices for personal gains.
Article 78
Whoever, in violation of the second paragraph of Article 14 of this Law, disposes of the livestock and poultry genetic resources under protection without authorization, thus causing losses to such genetic resources, shall be fined not less than RMB 100,000 yuan but not more than RMB 1,000,000 yuan by the competent department of agriculture and rural affairs of the people's government at or above the provincial level.
Article 79
Whoever commits one of the following acts in violation of this Law shall be ordered to discontinue the illegal act and fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan by the competent department of agriculture and rural affairs of the people's government at or above the provincial level, and the livestock and poultry genetic resources and the illegal gains therefrom shall be confiscated by the said department:
(1) introducing livestock and poultry genetic resources from abroad without going through the examination and approval procedures;
(2) cooperating with a foreign institution or individual within China to conduct research on the utilization of livestock and poultry genetic resources included in a directory of livestock and poultry genetic resources under protection, without going through the examination and approval procedures; or
(3) cooperating with a foreign institution or individual within China to conduct research on the utilization of newly discovered livestock and poultry genetic resources that have not been identified by the National Commission for Livestock and Poultry Genetic Resources.
Article 80
Whoever, in violation of this Law, exports livestock and poultry genetic resources without the approval of the competent department of agriculture and rural affairs under the State Council shall be held liable in accordance with relevant provisions of the Customs Law of the People's Republic of China. The customs shall turn the seized livestock and poultry genetic resources over to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government for handling.
Article 81
Whoever, in violation of the relevant provisions of this Law, sells or promotes new varieties or synthetic lines of livestock and poultry that have not undergone verification or identification, shall be ordered to discontinue the illegal act by the competent department of agriculture and rural affairs of the local people's government at or above the county level, and the livestock and poultry and illegal gains therefrom shall be confiscated by the said department; if the amount of the illegal gains exceeds RMB 50,000 yuan, a fine of not less than the amount of the illegal gains but not more than three times the amount of illegal gains shall be imposed; and if there are no illegal gains or the amount of the illegal gains is less than RMB 50,000 yuan, a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan shall be imposed.
Article 82
Whoever, in violation of relevant provisions of this Law, engages in the production and business operation of breeding livestock or poultry without a license for the production and business operation of breeding livestock or poultry or by violating the provisions of the license, or forges, alters, transfers, or leases the license, shall be ordered to discontinue the illegal act and the forged or altered license shall be seized, the breeding livestock or poultry, young commercial livestock or poultry and the illegal gains therefrom shall be confiscated by the competent department of agriculture and rural affairs of the local people's government at or above the county level; if the amount of the illegal gains is not less than RMB 30,000 yuan, a fine of not less than the amount of the illegal gains but not more than three times the amount of the illegal gains shall be imposed; and if there are no illegal gains or the amount of the illegal gains is less than RMB 30,000 yuan, a fine of not less than RMB 3,000 yuan but not more than RMB 30,000 yuan shall be imposed. Those who engage in the production and business operation of breeding livestock and poultry in violation of the provisions of the licenses for the production and business operation of breeding livestock and poultry, or transfer or lease their licenses shall also have their licenses revoked if the circumstances are serious.
Article 83
Whoever violates the provisions of Article 29 of this Law shall be held liable in accordance with the relevant provisions of the Advertisement Law of the People's Republic of China.
Article 84
Whoever, in violation of this Law, uses breeding livestock or poultry that do not meet the breeding standards shall be ordered to discontinue the illegal act by the competent department of agriculture and rural affairs of the local people's government at or above the county level, and the breeding livestock or poultry and illegal gains therefrom shall be confiscated by the said department; if the amount of the illegal gains is not less than RMB 5,000 yuan, a fine of not less than the amount of the illegal gains but not more than twice the amount of the illegal gains shall be imposed; and if there are no illegal gains or the amount of the illegal gains is less than RMB 5,000 yuan, a fine of not less than RMB 1,000 yuan but not more than RMB 5,000 yuan shall be imposed.
Article 85
Whoever, in selling breeding livestock or poultry, commits one of the illegal acts specified in Subparagraphs (1) through (4) ofArticle 31
of this Law shall be ordered to stop such sale, and the illegally sold (breeding) livestock or poultry and the illegal gains therefrom shall be confiscated by the competent department of agriculture and rural affairs or the market regulation department of the local people's government at or above the county level in accordance with the division of their duties; if the amount of the illegal gains is not less than RMB 50,000 yuan, a fine of not less than the amount of the illegal gains but not more than five times the amount of the illegal gains shall be imposed; if there are no illegal gains or the amount of the illegal gains is less than RMB 50,000 yuan, a fine of not less than RMB 5,000 yuan but not more than RMB 50,000 yuan shall be imposed; and if the circumstances are serious, the violator's license for production and business operation of the breeding livestock or poultry or his business license shall be revoked.
Article 86
Whoever, in violation of this Law, establishes a livestock or poultry farm without undergoing record formalities, or fails to keep farming files on a livestock or poultry farm or preserve such files as required shall be ordered to make rectification within a specified time limit and may be fined not more than RMB 10,000 yuan by the competent department of agriculture and rural affairs of the local people's government at or above the county level.
Article 87
Whoever raises livestock or poultry in violation of Article 43 of this Law shall be dealt with and punished in accordance with relevant laws and administrative regulations.
Article 88
Whoever, in violation of this Law, sells breeding livestock or poultry that are not accompanied by compliance certificates and pedigree certificates, or sells or purchases livestock or poultry that do not bear identification marks as required by the competent department of agriculture and rural affairs under the State Council, or uses the identification marks of livestock or poultry repeatedly shall be ordered to make rectification and may be fined not more than RMB 2,000 yuan by the competent department of agriculture and rural affairs or the market regulation department of the local people's government at or above the county level in accordance with the division of their duties.
Whoever sells breeding livestock or poultry without quarantine certificates, forges or alters identification marks of livestock or poultry, or possesses or uses forged or altered identification marks of livestock or poultry shall be held liable in accordance with the relevant provisions of the Law of the People's Republic of China on Animal Disease Control.
Article 89
Whoever, in violation of this Law, engages in livestock or poultry slaughter activities without a designated establishment shall be dealt with and punished in accordance with relevant laws and regulations.
Article 90
Where the competent department of agriculture and rural affairs of a local people's government at or above the county level finds that a livestock or poultry slaughter enterprise no longer meets the conditions specified in this Law, it shall order the said enterprise to suspend business for rectification within a specified time limit; if the enterprise fails to meet the conditions specified in this Law within the specified time limit, it shall be ordered to close down, and, if it is subject to the administration of designated slaughter establishments, its designated slaughter establishment certificate shall be revoked by the certificate issuing authority in accordance with law.
Article 91
Where, in violation of Article 68 of this Law, a livestock or poultry slaughter enterprise fails to establish a livestock or poultry slaughter quality and safety management system, or a livestock or poultry slaughterhouse operator fails to dispose of livestock or poultry products that fail to pass the inspection in accordance with relevant state regulations, it shall be ordered to make rectification and given a warning by the competent department of agriculture and rural affairs of the local people's government at or above the county level; if it refuses to make rectification, it shall be ordered to suspend business and fined not less than RMB 5,000 yuan but not more than RMB 50,000 yuan, and the directly responsible persons in charge and other directly responsible persons shall be fined not less than RMB 2,000 yuan but not more than RMB 20,000 yuan; if the circumstances are serious, it shall be ordered to close down, and, if it is subject to the administration of designated slaughter establishments, its designated slaughter establishment certificate shall be revoked by the certificate issuing authority in accordance with law.
Other violations of Article 68 of this Law shall be dealt with and punished in accordance with relevant laws and regulations.
Article 92
Where a violation of this Law constitutes a crime, the violator shall be held criminally liable in accordance with law.
Chapter X Supplementary Provisions
[edit]Article 93
For purposes of this Law, the term "livestock and poultry genetic resources" refers to genetic material such as livestock and poultry and their ova (eggs), semen, embryos, and gene substances.
For purposes of this Law, the term "breeding livestock and poultry" refers to the livestock and poultry that are produced through selective breeding, have the breeding value, and are suitable for reproduction, as well as their ova (eggs), semen, embryos, etc.
Article 94
This Law shall come into force on March 1, 2023.
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Translation: |
This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.
Public domainPublic domainfalsefalse |