State Council of the People's Republic
327
Is  hereby given that "the State Council on Revising <feed and feed  additives regulations" decision ", since the publication date of  promulgation.
Premier Zhu Rongji
November 29, 2001
State Council on Revising the "feed and feed additives regulations" of the decision
State Council decided to "feed and feed additives regulations" be amended as follows:
First,  is added as Article VIII: "The state received approval or registration  containing the new compound feed, feed additives submitted by the  applicant to obtain their own undisclosed test and other data protection  implementation.
"Self-validation or six  years from the date of registration, the other applicants have been  validated without the consent of the applicant or the registration, an  application using the preceding data feed, feed additives, validation or  registration, approval or approval or registration organ shall not  register ; However, other applicants to submit their own, except the data obtained.
"In  addition to the following circumstances, approval or registration  authority shall not disclose data from the first paragraph:
(A) the public interest so requires;
(B) has taken measures to ensure that such information will not be improper for commercial use. "
Second, the chapter title to "the production, operation and use of management."
Third,  be added as Article 19: "The use of agricultural feed additives should  comply with the administrative department of the State Council, the safe  use regulations.
"It is prohibited under  article 18 of this Ordinance, feed, feed additives is prohibited in  animal feed and drinking water, drugs and hormones added to department  of agriculture administration department under other disabling drugs."
Fourth,  the revised Article 25 Article 23: "violation of these regulations,  operators did not accompanied the product quality inspection and product  certification label and no production license, license number, product  quality standards of feed, feed additives by the  local people's governments above the county level shall order to stop  feed management operations, confiscate the illegal business and illegal  income products, you can times the illegal income and impose a fine. "
Fifth,  Article 26 was revised to Article 28: "violation of the regulations,  production, management has been disabled, disabled or out and published  without the approval of feed, feed additives, according to criminal law  provisions on the crime of illegal business operations, be  held criminally responsible; serious enough for criminal punishment, by  the local people's governments above the county level shall order to  stop production feed management, operation, confiscate the illegal  production, management of products and illegal income, times the illegal  income and impose a fine of more than five times . "
Sixth,  be added as Article 29: "violation of the regulations, not in  accordance with department of agriculture administration department in  charge of mandating the use of feed additives by the local people's  governments above the county level feed administration department shall  order immediate correction can be 30,000 yuan fine.
"Using  the provisions of Article 18 of the Ordinance of feed, feed additives,  animal feed and drinking water or added hormones and drugs department of  agriculture administration department under other disabling drugs,  local people's governments above the county level shall confiscate feed  management illegal drugs, and may impose a 1 million to 5 million fine. "
VII  Article 27 was revised to Article 30: "violation of the regulations,  the following acts, in accordance with the Criminal Code on the  production, marketing fake or substandard products requirements, be held  criminally responsible; serious enough for criminal punishment, the  county local people's governments above the level  of feed management department shall order to stop the production,  operation, confiscate the illegal production, management of products and  illegal income, illegal income and impose a five times less fine;  serious cases, by the department of agriculture administration  department revoked production license:
(A)  in the production, business process, non-feed, feed additives, posing  as non-feed, feed additives or to such feed, feed additives, pretending  he was kind of feed, feed additives;
(B)  the production, operation of feed, feed additives, the type of  ingredients, name and ingredients on the product label type, the name  does not match;
(C) the production, management of feed, feed additives do not meet the feed, feed additives, quality standards;
(D) operating the feed, feed additives failure, mildew, or more than shelf-life. "
Eight,  Article 28 was revised to 31: "Operating without the department of  agriculture administration department in charge of registration of  imported feed, feed additives imported, according to criminal law  provisions on the crime of illegal business operations, be held  criminally responsible; enough for criminal punishment ,  the local people's governments above the county level feed  administration ordered to immediately stop operation, confiscate unsold  products and illegal income, illegal income and impose a five times less  fine. "
IX, Article 29 was revised to  Article 32: "fake, forged or sale of feed additives, feed additive  premix production license, product approval number or product  registration card, according to the criminal law on the crime of illegal  or counterfeit, change manufacturing, sale of  official documents, certificates or seals of the provisions of the  crime, be held criminally responsible; serious enough for criminal  punishment, the State Council administrative department of agriculture  or the provinces, autonomous regions and municipalities feed management  duties and powers in accordance with the collection or production  license revoked cards, product approval number or  product registration card, confiscate the illegal income, illegal income  and impose a five times less fine. "
In  addition, the provisions of the order adjusted accordingly, and Article  24 of the "Article XIII," "Article XIV" were to "Article XIV", "Article  XV", the Article 25 The "Article XV" to "Article XVI."
This Decision shall take effect the date of publication.
"Feed and feed additives regulations" in accordance with this decision be amended accordingly and re-promulgated.
Feed and feed additives regulations
May  29, 1999 the PRC State Council Order No. 266 issued under the November  29, 2001, "the State Council on Revising <feed and feed additives  regulations" decision "Amendment
Chapter I General Provisions
In  order to strengthen the feed, feed additives, management, improve feed  and feed additives, quality, and the aquaculture feed industry to  promote development and safeguard people's health, the enactment of this  Ordinance.
The term second feed means by  the industrial processing, production of feed for animal consumption,  including a single feed, feed additive premix, concentrate feed, feed  and feed supplement.
The term feed  additives, is in the feed processing, production, use, or the process of  adding a small amount of trace substances, including feed additives and  nutritional feed additives generally. Feed additives varieties catalog by the State Council administrative department of agriculture to develop and publish.
Article  III of the State Council administrative department responsible for the  national agricultural feed, feed additives management.
Local  people's governments above the county level responsible for feed and  feed additives sector (hereinafter referred to as feed management),  responsible for the administrative area of feed, feed additives  management.
Chapter validation and import management
The state shall encourage research, create a new feed, new feed additives.
The  newly developed feed, feed additives, is put into production before the  developer of producers (hereinafter referred to as the applicant) must  be to the State Council administrative department of agriculture, new  product approval applications, the State Council administrative  department of agriculture agency designated to detect and feeding After  the test, by the National Accreditation Committee in accordance with  feed and fed test results, the new product's safety, effectiveness and  environmental impact assessment; assessment qualified by the State  Council administrative department of agriculture sent a new feed, New feed additives certificate, and made public.
National  Feed The Jury farming, feed processing, animal nutrition, toxicology,  pharmacology, metabolism, health, chemical synthesis, biotechnology,  quality standards and environmental protection experts.
Article  applicant to feed, feed additives, new product approval application, in  addition should provide samples of new products, should also provide  the following information:
(A) the name of the new products, major components and physical and chemical properties;
(B) the method of development of new products, production processes, quality standards and testing methods;
(C) the feeding effects of new products, residue degradation dynamics and toxicology;
(D) environmental impact report and pollution prevention measures.
Article  VI of the State Council administrative department of agriculture  announced a new feed, new feed additives, quality standards, the  industry standard; the need for national standards, standardized method  in accordance with relevant regulations.
Article  first import of feed, feed additives, should be to the department of  agriculture administration department for registration and provide the  feed, feed additives and samples of the following information:
(A) trademarks, labels, and promote the application;
(B) the producer approved for production, sales and production of proof of countries other than the country of registration;
(C) Article 5 of these Regulations information.
Preceding  feed, feed additives, after examination that it is safe, effective,  does not pollute the environment by the State Council administrative  department of agriculture product registration certificate issued.
Article  8 The State obtained approval or registration containing the new  compound feed, feed additives submitted by the applicant to obtain their  own undisclosed test and other data protection implementation.
Self-validation  or six years from the date of registration, the other applicants have  been validated without the consent of the applicant or the registration,  an application using the preceding data feed, feed additives,  validation or registration, approval or approval or registration organ  shall not register; However, other applicants to submit their own, except the data obtained.
In addition to the following circumstances, approval or registration authority shall not disclose data from the first paragraph:
(A) the public interest so requires;
(B) has taken measures to ensure that such information will not be improper for commercial use.
Chapter III production, operation and use of management
Article  9 The establishment of feed, feed additive producers, in addition shall  comply with relevant laws and administrative regulations of the  enterprises to set up conditions, should also meet the following  conditions:
(A) and production of feed, feed additives suitable plant, equipment, process and storage facilities;
(B) and production of feed, feed additives suited to full-time technical staff;
(C) the need for product quality inspection agency, inspection and testing facilities;
(D) of production in line with national safety and health requirements;
(E) pollution prevention and control measures in line with national environmental requirements.
By  the State Council administrative department of agriculture or  provinces, autonomous regions and municipalities feed management review  in accordance with authority, in line with the conditions of the  preceding paragraph, only for business registration procedures.
Article  produce feed additives, feed additive premix business by provinces,  autonomous regions and municipalities feed management audit by the State  Council administrative department of agriculture production licenses  issued.
Preceding enterprises obtaining the  license, the provinces, autonomous regions and municipalities issuing  feed additives feed management, feed additive premix product approval  number.
Article XI production of feed, feed  additives business, shall be in accordance with product quality  standards for production, and implementation of production records and  reserve sample observation system products.
Article  XII of the production of feed, feed additives, veterinary drugs and  other not directly add Prohibited; allows the addition of veterinary  drugs, feed additives, drugs must be made only after the add; production  of drugs feed additives, no added hormone drugs.
Article 13 An enterprise to produce feed, feed additives, product quality inspection should be conducted. Inspection  shall be accompanied by product quality inspection certificate; no  product quality certification, and may not be sold.
Article XIV feed, feed additives, packaging, shall conform to relevant safety and health requirements.
Flammable  or other special requirements of feed and feed additives, packaging  should have warning signs or instructions, and indicate the storage and  transportation considerations.
Feed, feed additives, packaging must not be reused; However, the production and consumer unless otherwise agreed.
Article XV feed, feed additives should be accompanied on the packaging label. Label  should be applicable to Chinese or symbol indicate product name,  material composition, product composition analysis to ensure value, net  weight, production date, shelf life, name and address and product  standard code.
The label feed additives should also be marked using the methods and precautions.
Adding  drugs to feed the label feed additives should also be marked "medicated  feed additives, adding," words and indicate its chemical name, content,  methods and precautions.
Feed additives, feed additive premix label should also indicate the product approval number and the production license number.
Article XVI business feed, feed additives business, shall meet the following conditions:
(A) and business feed, feed additives suitable storage facilities;
(B) with the feed, feed additives, use, storage, packing and other knowledge of the technical staff;
(C) the need for product quality management system.
Article XVII business feed, feed additives business, purchase must check the product label, product quality certification.
Prohibition  no quality standards, product quality certification no, no production  license and product approval number of feed and feed additives.
Article  18 prohibits the production, operation disabled, disabled or out of the  feed, feed additives, and released without the approval of feed and  feed additives.
Prohibited from operating  without registration department of agriculture administration department  of imported feed, feed additives imported.
Article  19 The use of feed additives should comply with the State Council  administrative department of agriculture, the safe use regulations.
Prohibited under article 18 of this Ordinance, feed, feed additives. Prohibit  drinking water in the feed and animal drugs and hormones added to  department of agriculture administration department under the other  prohibited drugs.
Diershitiao feed, feed  additives in the course, proved to be feeding animals, harmful to human  health and the environment by the State Council administrative  department of agriculture decided restricted, disabled or disabled, and  made public.
Article a ban on feed, feed  additive for prevention or treatment of animal diseases or description  of publicity; However, the drugs added to feed, feed additives, drugs  can be added on the role of feed additives to illustrate.
Article  22 in the feed, feed additives, quality inspection agency, the State  Council's product quality supervision and management departments or  administrative departments of agriculture passing the examination, or by  provinces, autonomous regions and municipalities product quality  supervision department or feed management passing the examination, before they take feed, feed additives, product quality inspection.
Article  23 The department of agriculture administration department under the  State Council's product quality supervision and management department of  the national product quality supervision work plan, can feed, feed  additives, quality supervision and inspection; not, however, repeated  checks.
Feed local people's governments  above the county level administration department under the feed, feed  additives, quality supervision and inspection work plan can be organized  on the feed, feed additives for random inspection, and in conjunction  with the product quality supervision department released the results of  sampling.
Chapter IV Penalties
Violation  of Article 24 of the Regulations, without obtaining the license, to  produce feed additives, feed additive premix, local people's governments  above the county level feed administration ordered to stop production,  confiscate the illegal products and illegal income, impose 1  times the illegal income shall be imposed for more than five times;  production licenses have been obtained, but did not achieve product  approval number shall be ordered to stop production and go through the  product approval number deadline.
Article  25 violation of these regulations, operators did not accompanied the  product quality inspection and product certification label and no  production license, license number, product quality standards of feed,  feed additives, by the local people's governments above the county level  feed management order to stop operations,  confiscate the illegal business and illegal income products, you can  times the illegal income and impose a fine.
Article  26 of feed, feed additives, packaging does not comply with the  provisions of Article 14 of the Ordinance, or accompanied by the label  does not comply with the provisions of Article 15 of these Regulations,  the local people's governments above the county level feed  administration department shall order rectification; fails to do so, ordered to stop selling, you can times the illegal income shall be imposed.
Article  27 does not have the provisions of this Article 16 conditions, business  feed, feed additives, by the local people's governments above the  county level feed administration department shall order rectification;  it fails to do, ordered to stop operations, confiscate the illegal  income and may 1 times the illegal income and impose a fine of more than 3 times.
Article  28 in violation of the regulations, production, management has been  disabled, disabled or out and published without the approval of feed,  feed additives, according to criminal law provisions on the crime of  illegal business operations, be held criminally responsible; serious  enough for criminal punishment by the local  people's governments above the county level shall order to stop  production feed management, operation, confiscate the illegal  production, management of products and illegal income, times the illegal  income and impose a fine of more than five times.
Article  29 Whoever violates these regulations, not in accordance with  department of agriculture administration department in charge of  mandating the use of feed additives by the local people's governments  above the county level feed administration department shall order  immediate correction can be a fine of NT $ 30,000.
With  the provisions of Article 18 of the Ordinance of feed, feed additives,  animal feed and drinking water or added hormones and drugs department of  agriculture administration department under other disabling drugs,  local people's governments above the county level shall confiscate  contraband feed management drugs, may impose a 1 million to 5 million fine.
Article  30 Whoever violates these regulations, the following acts, in  accordance with the Criminal Code on the production, marketing fake or  substandard products requirements, be held criminally responsible;  serious enough for criminal punishment, by the local people's  governments above the county level shall order to stop feed management production,  operation, confiscate the illegal production, management of products  and illegal income, times the illegal income and impose a fine of more  than five times; serious cases, by the department of agriculture  administration department revoked the production license:
(A)  in the production, business process, non-feed, feed additives, posing  as non-feed, feed additives or to such feed, feed additives, pretending  he was kind of feed, feed additives;
(B)  the production, operation of feed, feed additives, the type of  ingredients, name and ingredients on the product label type, the name  does not match;
(C) the production, management of feed, feed additives do not meet the feed, feed additives, quality standards;
(D) operating the feed, feed additives failure, mildew, or more than shelf-life.
第 三十一条 business department of agriculture administration department  without registration of imported feed, feed additives imported,  according to criminal law provisions on the crime of illegal business  operations, be held criminally responsible; serious enough for criminal  punishment, by the local people's governments above the county level  feed Management ordered to immediately stop  operation, the confiscation of unsold products and illegal income, times  the illegal income and impose a fine of more than five times.
Article  32 counterfeiting, forgery or sale of feed additives, feed additive  premix production license, product approval number or product  registration card, according to the criminal law on the crime of illegal  business operations or forged or altered, sale of official documents,  certificates, seals provisions of the crime, be  held criminally responsible; serious enough for criminal punishment, the  State Council administrative department of agriculture or the  provinces, autonomous regions and municipalities feed management duties  and powers in accordance with the collection or revoked the production  license, product approval number or product registration card , confiscate the illegal income, times the illegal income and impose a fine of more than five times.
Chapter V Supplementary Provisions
Article 33 of the Ordinance the following terms:
(A)  nutritional feed additives, is used to supplement the small amount of  feed nutrients or trace substances, including feed grade amino acids,  vitamins, minerals, trace elements, enzymes, non-protein nitrogen.
(B)  General feed additives, is to ensure or improve the feed quality, feed  efficiency and a small amount of mixed feed or trace substances.
(C)  drug feed additives, is for the prevention and treatment of animal  diseases and veterinary drugs mixed with the carrier or diluent premixed  products, including the anticoccidial drug class, insect repellent  type, antimicrobial growth promoters etc..
Article 34 The management of drug feed additives, in accordance with the "Veterinary Regulations" of the regulations.
Article 35 These Regulations shall come into force the day of release.