Chapter IV Breeding of Livestock and Poultry

Article 35 The administrative department for animal husbandry and veterinary medicine under the people’s government at or above the county level shall, in accordance with the development plan for animal husbandry and in compliance with market demands, give guidance to and support the restructuring of animal husbandry, promote the production of livestock and poultry and enhance the market competition of livestock and poultry products.

The State assists capital construction projects in pastoral areas of grasslands, such as erecting fences, building water conservancy projects, improving the grassland and building bases of forage grass and feeds, in order to optimize the composition of livestock herds, improve the strains, transform the mode of production, promote the rearing of livestock in pens or sties, and rotated grazing in demarcated areas, gradually bring about a balance between pastures and livestock and improve the ecological environment of grasslands.

Article 36 The State Council and the people’s governments at the provincial level shall arrange such funds in their respective financial budgets as the subsidies for fine strains and discount subsidies to assist the development of animal husbandry, and encourage the relevant financial institutions to support, by providing loans, insurance services and other means, the breeders of livestock and poultry to buy fine livestock and poultry, to breed fine strains, to improve production facilities, to expand the scale of breeding, in order to increase the benefits derived from breeding.

Article 37 The State supports rural collective economic organizations, the farmers and the cooperative economic organizations for animal husbandry in setting up livestock and poultry breeding farms and small-scale breeding villages and developing large-scale and standardized breeding. In the overall plans of townships (towns) for land use, arrangements shall, in the light of the local conditions, be made for land to be used for the breeding of livestock and poultry. The land used by rural collective economic organizations, farmers, and cooperative economic organizations for animal husbandry to set up livestock and poultry breeding farms or small-scale breeding villages in accordance with the overall plans of townships (towns) for land use shall be administered as land for agriculture. Where at the expiration of the period of time for the right to land use, the land used for livestock and poultry breeding farms and small-scale breeding villages is required to be restored to the original purposes of use, the user with such right shall be responsible for such restoration. Where for construction of permanent buildings (structures) within the scope of the land used for livestock and poultry breeding farms or small-scale breeding villages, land for agriculture needs to be converted to other purposes of use, 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 promoting the use of animal husbandry and veterinary technologies shall provide the farmers with such services as training in the skills of the breeding of livestock and poultry, promotion of the use of fine strains and epidemic prevention and treatment. People’s governments at or above the county level shall guarantee the working funds needed by the institutions set up by the State for promoting the use of animal husbandry and veterinary technologies in providing technical services of a public welfare nature.

The State encourages enterprises processing livestock and poultry products and other producers and operators in this area to provide services needed by the breeders of livestock and poultry.

Article 39 Livestock and poultry breeding farms and small-scale breeding villages shall meet the following conditions:

(1) to have production premises and supporting facilities commensurate with their scales of breeding;

(2) to have animal husbandry and veterinary technicians in their service;

(3) to possess the conditions for epidemic prevention, as provided for by laws and administrative regulations and prescribed by the administrative department for animal husbandry and veterinary medicine under the State Council;

(4) to have such facilities as methane-generating pits for comprehensive use of, or other facilities for innocuous treatment of, the faeces of livestock and poultry, waste water and other solid wastes; and

(5) to have the other conditions provided for by laws and administrative regulations.

The founder of a breeding farm or small-scale breeding village shall submit the name of the farm or small-scale breeding village, the address, the strains of the livestock and poultry as well as the scale of breeding for the record to the administrative department for animal husbandry and veterinary medicine under the people’s government at the county level where the farm or small-scale breeding village is located, and obtain labels and codes for the livestock and poultry.

People’s governments at the provincial level shall, in light of the development of animal husbandry within their own administrative areas, formulate the standards for the scale of livestock and poultry breeding farms and small-scale breeding villages and the procedures for putting things on record.

Article 40 Building of livestock and poultry breeding farms and small-scale breeding villages in the following areas is prohibited:

(1) areas for protection of drinking water sources, scenic spots and places of historic interest, as well as the key and buffer areas of nature reserves;

(2) population-concentrated areas such as the residential areas and the cultural, educational and scientific research districts of cities and towns; and

(3) other areas where breeding of livestock and poultry is prohibited by laws and administrative regulations.

Article 41 A livestock and poultry breeding farm shall keep files on breeding, in which the following shall clearly be stated:

(1) strains, quantity, records of breeding, labels, origins and dates of entry to and exit from the farm of the livestock and poultry;

(2) origins and names of such inputs as fodders, forage additive agents and veterinary medicines, the animals on which the inputs are used, the time when the inputs are used and the dosages;

(3) quarantine, immunity and sterilization;

(4) attacks by diseases, deaths and innocuous treatment in respect of the livestock and poultry; and

(5) other matters prescribed by the administrative department for animal husbandry and veterinary medicine under the State Council.

Article 42 A breeding farm of livestock and poultry shall provide suitable conditions for breeding and the environment for survival and growing to the livestock and poultry it is raising.

Article 43 An entity engaged in the breeding of livestock and poultry shall not commit the following acts:

(1) to use fodders, forage additive agents and veterinary medicines in violation of the provisions of laws and administrative regulations and the compulsory requirements of the technical specification prescribed by the State;

(2) to use slops from restaurants or dinning rooms without high-temperature processing to feed the livestock;

(3) to raise livestock and poultry at dumping grounds or feed them with the substances dumped at such grounds; or

(4) to commit other acts harmful to the health of human beings and livestock and poultry, as provided for by laws and administrative regulations, or prescribed by the administrative department for animal husbandry and veterinary medicine under the State Council.

Article 44 Persons engaged in the breeding of livestock and poultry shall, in accordance with the provisions of the Law of the People’s Republic of China on Animal Epidemic Prevention, do a good job of epidemic prevention and control among livestock and poultry.

Article 45 Breeders of livestock and poultry shall, in accordance with the regulations of the State on control of livestock and poultry labels, attach labels to the designated part of the livestock and poultry that are required to have labels attached to them. The administrative department for animal husbandry and veterinary medicines shall not collect fees for the labels provided, and the expenses needed shall be incorporated in the financial budget of the people’s government at the provincial level.

Labels for livestock and poultry shall not be used repeatedly.

Article 46 Livestock and poultry breeding farms and small-scale breeding villages shall guarantee comprehensive use of the faeces of livestock and poultry, waste water and other solid wastes or the normal operation of the facilities for innocuous treatment, guarantee that the pollutants discharged measure up to standards, and guarantee to prevent the environment from being contaminated.

Where a livestock and poultry breeding farm or small-scale breeding village illegally discharges the faeces of livestock and poultry, waste water and other solid wastes, thus causing environmental hazards, it shall terminate the hazards and pay compensation according to law.

The State supports livestock and poultry breeding farms and small-scale breeding villages in constructing facilities for comprehensive use of the faeces of livestock and poultry, waste water and other solid wastes.

Article 47 The State encourages the development of apiculture and protects the lawful rights and interests of bee-keepers.

The relevant departments shall proactively disseminate and promote the agronomic techniques of honeybee pollination.

Article 48 In the process of production, bee-keepers shall not use medicines and containers harmful to the quality and safety of honeybee products, in order to guarantee the quality of honeybee products. Utensils for beekeeping shall meet the compulsory requirements of the technical specifications prescribed by the State.

Article 49 When bee-keepers move to another place for bee-keeping, the relevant local departments of the public security, transportation, animal husbandry and veterinary medicine, etc. shall provide them with the necessary conveniences.

When a bee-keeper moves to another place in China for bee-keeping, he shall have the bee colonies transported on the strength of the uniform quarantine certificate printed by the administrative department for animal husbandry and veterinary medicine under the State Council. Quarantine shall not be conducted repeatedly within the valid term of the quarantine certificate.

Chapter V Trading in and Transportation of Livestock and Poultry

Article 50 People’s governments at or above the county level shall promote the building of a trading market of livestock and poultry characterized by openness, uniformity and orderly competition.

The administrative department for animal husbandry and veterinary medicine under the people’s government at or above the county level and other relevant departments in charge shall make arrangements for collecting, sorting out and publishing information about the production and marketing of livestock and poultry, in order to provide the producers with information services.

Article 51 Local people’s governments at or above the county level shall, based on their development plans for wholesale markets of agricultural products, support and assist the establishment of wholesale markets of livestock and poultry at the places where livestock and poultry are collected and distributed.

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 administrative department for animal husbandry and veterinary medicine under the State Council, and shall be three kilometers away from the breeding livestock and poultry farms and from the large-scale breeding farms of livestock and poultry.

Article 52 The livestock and poultry to be traded in must meet the compulsory requirements of the technical specifications prescribed by the State.

The livestock and poultry that do not have the labels as are required by the administrative department for animal husbandry and veterinary medicine under the State Council shall not be sold or purchased.

Article 53 Transportation of livestock and poultry must meet the requirements for animal epidemic prevention as provided for by laws and administrative regulations and prescribed by the administrative department for animal husbandry and veterinary medicine under the State Council, measures shall be taken for protection of the safety of livestock and poultry, and the necessary space, fodders, and drinking water shall be provided to the livestock and poultry 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 VI Guarantee of Quality and Safety

Article 54 People’s governments at or above the county level shall, in accordance with the provisions of this Law and the relevant laws and administrative regulations, make arrangements for the administrative department for animal husbandry and veterinary medicine and other relevant departments in charge to tighten supervision and control over the breeding environments of livestock and poultry, the quality of the breeding livestock and poultry, the use of such inputs as fodder and veterinary medicines, as well as over the trading in and transportation of livestock and poultry. Article 55 The administrative department for animal husbandry and veterinary medicine under the State Council shall formulate the administrative measures for the labels of livestock and poultry and their breeding files, and shall take measures to carry out the system for ascertaining responsibility for the quality of livestock and poultry products.

Article 56 The administrative departments for animal husbandry and veterinary medicine under the people’s governments at or above the county level shall work out plans for supervision over and inspection of the quality and safety of livestock and poultry and exercise supervision and make spot checks according to their plans.

Article 57 The administrative departments for animal husbandry and veterinary medicine under the people’s governments at or above the provincial level shall take charge of drawing up productive specifications in respect of livestock and poultry and provide guidance on the safe production of livestock and poultry.

Chapter VII Legal Responsibility

Article 58 Where, in violation of the provisions of the second paragraph in Article 13 of this Law, an entity disposes of the genetic resources of the livestock and poultry under protection, and thus causes losses of such genetic resources, the administrative department for animal husbandry and veterinary medicine under the people’s government at or above the provincial level shall impose on it a fine of not less than RMB50,000 yuan but not more than 500,000 yuan.

Article 59 Where an entity commits one of the following acts in violation of relevant provisions of this Law, the administrative department for animal husbandry and veterinary medicine under the people’s government at or above the provincial level shall order it to discontinue the illegal act, confiscate the genetic resources of the livestock and poultry and its illegal gains therefrom, and shall, in addition, impose on it a fine of not less than 10,000 yuan, but not more than 50,000 yuan:

(1) to introduce genetic resources of livestock and poultry from abroad without examination and approval;

(2) to conduct research in the utilization of genetic resources of the livestock and poultry included in the directory for protection, in cooperation with a foreign institution or individual in China without examination and approval; or

(3) to conduct research in the utilization of the newly discovered genetic resources of livestock and poultry, which have not been identified by the national commission for genetic resources of livestock and poultry, in cooperation with a foreign institution or individual in China.

Article 60 Where, without approval of the administrative department for animal husbandry and veterinary medicine under the State Council, an entity exports abroad genetic resources of livestock and poultry, it shall be investigated for legal responsibility in accordance with the relevant provisions of the Customs Law of the People’s Republic of China. The Customs shall turn the distrained genetic resources of livestock and poultry over to the administrative department for animal husbandry and veterinary medicine under the people’s government at the provincial level for disposition.

Article 61 Where, in violation of the relevant provisions of this Law, an entity sells or spreads the use of the strains of livestock and poultry that have not undergone verification or identification, the administrative department for animal husbandry and veterinary medicine under the people’s government at or above the county level shall order it to discontinue the illegal act and confiscate the livestock and poultry and its illegal gains therefrom; if the illegal gains exceed 50,000 yuan, a fine of not less than one time but not more than three times the illegal gains shall, in addition, be imposed on it; and if there are no illegal gains or the illegal gains are less than 50,000 yuan, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed in addition.

Article 62 Where, without the license for production and operation of the breeding livestock and poultry, an entity engages in production and operation of the breeding livestock and poultry in violation of the relevant provisions of this Law or in violation of the provisions specified in the license for production and operation of the breeding livestock and poultry, or transfers, leases or lends the license, the administrative department for animal husbandry and veterinary medicine under the people’s government at or above the county level shall order it to discontinue the illegal act and confiscate its illegal gains therefrom; if the illegal gains exceed 30,000 yuan, it shall, in addition, impose on the entity a fine of not less than one time but not more than three times the illegal gains; and if there are no illegal gains or the illegal gains are less than 30,000 yuan, a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be imposed in addition. Where the entity engages in production and operation of the breeding livestock and poultry in violation of the provisions specified in the license for production and operation of the breeding livestock and poultry, or transfers, leases or lends the license, if the circumstances are serious, the license for production and operation of the breeding livestock and poultry shall be revoked in addition.

Article 63 Where the provisions of Article 28 of this Law are violated, the legal liability shall be investigated in accordance with the relevant provisions of the Advertisement Law of the People’s Republic of China.

Article 64 Where the breeding livestock and poultry used by an entity, in violation of the relevant provisions of this Law, do not meet the breeding standards, the administrative department for animal husbandry and veterinary medicine under the local people’s government at or above the county level shall order it to discontinue the illegal act and confiscate its illegal gains therefrom; if the illegal gains exceed 5,000 yuan, it shall, in addition, be fined not less than one time but not more than two times the illegal gains; and if there are no illegal gains or the illegal gains are less than 5,000 yuan, it shall, in addition, be fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 65 Where in selling breeding livestock and poultry, an entity commits one of the illegal acts specified in the Subparagraphs (1) through (4) in Article 30 of this Law, the administrative department for animal husbandry and veterinary medicine or the administrative department for industry and commerce under the people’s government at or above the county level shall order it to discontinue such sale and confiscate the livestock and poultry for illegal sale and the illegal gains therefrom; if the illegal gains exceed 50,000 yuan, it shall, in addition, be fined not less than one time but not more than five times the illegal gains; if there are no illegal gains or the illegal gains are less than 50,000 yuan, it shall, in addition, be fined not less than 5,000 yuan but not more than 50,000 yuan; and if the circumstances are serious, its license for production and operation of the breeding livestock and poultry or its business license shall, in addition, be revoked.

Article 66 Where, in violation of the provisions of Article 41 of this Law, a livestock and poultry breeding farm fails to keep files on breeding or fails to preserve such files as required, the administrative department for animal husbandry and veterinary medicine under the people’s government at or above the county level shall order it to rectify within a specified time limit and may impose on it a fine of not more than 10,000 yuan.

Article 67 Where livestock and poultry are bred in violation of the provisions of Article 43 of this Law, punishment shall be imposed in accordance with the provisions of relevant laws and administrative regulations.

Article 68 Where, in violation of the relevant provisions of this Law, an entity sells breeding livestock and poultry without the certificate of quality, the quarantine certificate or their pedigrees attached to them, or sells or purchases livestock and poultry without labels, as is required by the administrative department for animal husbandry and veterinary medicine under the State Council, or uses the labels of the livestock and poultry repeatedly, the administrative department for animal husbandry and veterinary medicine or the administrative department for industry and commerce under the local people’s government at or above the county level shall order it to rectify, and may impose on it a fine of not more than 2,000 yuan.

Where, in violation of the relevant provisions of this Law, an entity uses forged or altered labels of livestock and poultry, the administrative department for animal husbandry and veterinary medicine under the people’s government at or above the county level shall confiscate such labels and the illegal gains therefrom, and shall, in addition, impose on it a fine of not less than 3,000 yuan but not more than 30,000 yuan.

Article 69 Where an entity sells livestock and poultry that do not meet the compulsory requirements of the technical specifications prescribed by the State, the administrative department for animal husbandry and veterinary medicine or the administrative department for industry and commerce under the local people’s government at or above the county level shall order it to discontinue the illegal act, confiscate livestock and poultry for illegal sale and the illegal gains therefrom, and shall, in addition, impose on it a fine of not less than one time but not more than three times the illegal gains; and if the circumstances are serious, the administrative department for industry and commerce shall, in addition, revoke its business license. Article 70 Where a staff member of the administrative department for animal husbandry and veterinary medicine, taking advantage of his position, accepts money or things of value given by another person or seeks other benefits, issues licenses or relevant approval documents to units or individuals that do not meet the statutory conditions, fails to perform his supervisory duties, or fails to investigate and punish the illegal acts discovered, he shall be given an administrative sanction according to law.

Article 71 Where the license for production and operation of the breeding livestock and poultry of a producer or operator is revoked, the administrative department for animal husbandry and veterinary medicine shall, within 10 days from the date the license is revoked, notify the administrative department for industry and commerce of the fact. And the producer or operator of the breeding livestock and poultry shall register for alteration or for cancellation of registration with the administrative department for industry and commerce according to law.

Article 72 Where a violation of the provisions of this Law constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 73 For the purposes of this Law, genetic resources of livestock and poultry mean such genetic material as livestock and poultry and their ova (eggs), embryos, sperms and gene substances.

The breeding livestock and poultry mentioned in this Law mean the livestock and poultry that, through selective breeding, have the breeding value or are suitable for reproduction, as well as their ova (eggs), embryos, sperms, etc. Article 74 This Law shall go into effect as of July 1, 2006.