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.