Law of the People's Republic of China on Animal Husbandry (Revised in 2015)
Law of the People's Republic of China on Animal Husbandry (Revised in 2015)
Law of the People's Republic of China on Animal Husbandry (Revised in 2015)
Order of the President of the People's Republic of China No.26
April 24, 2015
(Adopted at the 19th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on December 29, 2005, and amended according to the Decision on Revising Five Laws including the Metrology Law of the People's Republic of China passed at the 14th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Protection of Genetic Resources of Livestock and Poultry
Chapter III Selection, Production and Business Operation of Species of Breeding Livestock and Poultry
Chapter IV Breeding of Livestock and Poultry
Chapter V Transactions and Transport of Livestock and Poultry
Chapter VI Quality and Safety Guarantee
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of regulating the production and business operations of animal husbandry, ensuring the quality and safety of livestock and poultry products, protecting and reasonably utilizing the genetic resources of livestock and poultry, protecting the legitimate rights and interests of producers and business operators in animal husbandry, and promoting the sustainable and sound development of animal husbandry.
Article 2 This Law shall apply to the protection and utilization of the genetic resources, breeding, raising, business operations and transport of livestock and poultry within the People's Republic of China.
The "livestock and poultry" as mentioned in this Law refers to those included in the list of genetic resources of livestock and poultry that shall be announced in accordance with Article 11 of this Law.
The protection, utilization, production, and business operation of bee and silkworm resources shall be governed by this Law.
Article 3 The state shall support the development of animal husbandry and give full play to its role in the development of agriculture, rural economy, and increase of farmers' income. The people's governments at or above the county level shall take measures to strengthen the construction of the basic facilities for animal husbandry, encourage and support the development of breeding on a large-scale basis, push forward the industrialized operations of animal husbandry, promote the comprehensive production capacity and develop animal husbandry into a high-quality, highly efficient, ecological, and safe industry.
The state shall help and support the development of the animal husbandry industry in areas of ethnic minorities and poverty-stricken areas, protect and reasonably utilize the pastures and improving the production conditions for animal husbandry.
Article 4 The state shall take measures to foster professional animal husbandry and veterinary talents, develop and research on and promotion animal husbandry and veterinary science and technology, carry out education and publicity on the scientific and technological knowledge in animal husbandry and veterinary as well as animal husbandry and veterinary information and services, and push forward the scientific and technological progress of the animal husbandry industry.
Article 5 The producers and business operators in animal husbandry may establish industrial associations on their own initiatives so as to provide the members with information, technology, marketing and training services, to intensify the industrial self-discipline and to protect the interests of the members and the whole sector.
Article 6 The producers and business operators in animal husbandry shall perform the obligations to prevent animal diseases and to protect the environment, and shall accept the supervision and inspection conducted by the relevant competent organs in accordance with the law.
Article 7 The administrative department for animal husbandry and veterinary under the State Council shall be responsible for the supervision and administration over animal husbandry throughout the country. The administrative departments for animal husbandry and veterinary of the people's governments at or above the county level shall be responsible for the supervision and administration over animal husbandry within their respective administrative area.
The relevant competent departments of the people's governments at or above the county level shall, according to their respective functions, be responsible for promoting the development of animal husbandry.
Article 8 The administrative department for animal husbandry and veterinary under the State Council shall offer guidance to the producers and business operators in animal husbandry to improve the conditions and environment for the breeding, rearing, and transport of livestock and poultry.
Chapter II Protection of Genetic Resources of Livestock and Poultry
Article 9 The state shall establish a system for the protection of the genetic resources of livestock and poultry. The people's governments at all levels shall take measures to intensify the protection of the genetic resources of livestock and poultry, and shall incorporate the relevant expenses in the fiscal budget.
For the protection of the genetic resources of livestock and poultry, the emphasis shall be laid on the state while the pertinent entities and individuals shall be encouraged and supported to develop cause of protecting the genetic resources of livestock and poultry pursuant to law.
Article 10 The administrative department for animal husbandry and veterinary under the State Council shall establish the National Commission for the Livestock and Poultry Genetic Resources, which shall consist of professionals, and shall be responsible for the appraisal and evaluation of genetic resources of livestock and poultry as well as the examination and approval of new species and genetic improvement system, and shall carry out the demonstration of the plan on the protection and utilization of livestock and poultry genetic resources, as well as the consultation regarding the protection of livestock and poultry genetic resources.
Article 11 The administrative department for animal husbandry and veterinary under the State Council shall be responsible for organizing the investigation of livestock and poultry genetic resources, releasing national reports about the status of livestock and poultry genetic resources and publishing the list of livestock and poultry genetic resources approved by the State Council.
Article 12 The administrative department for animal husbandry and veterinary under the State Council shall, according to the distribution of the livestock and poultry genetic resources, formulate and announce the national protection list of livestock and poultry genetic resources, and lay the emphasis on the protection of the valuable, rare and endangered livestock and poultry genetic resources originated from China.
The administrative departments for animal husbandry and veterinary of the provincial people's governments shall, according to the plan on the protection and utilization of livestock and poultry genetic resources as well as the status of the livestock and poultry genetic resources within their respective administrative area, set forth and publish the provincial protection list of the livestock and poultry genetic resources, and submit it to the administrative department for animal husbandry and veterinary under the State Council for the record.
Article 13 The administrative department for animal husbandry and veterinary under the State Council shall, according to the national plan on the protection and utilization of livestock and poultry genetic resources as well as the protection list of livestock and poultry genetic resources at the state level, the provincial people's governments shall, according to the provincial protection list of livestock and poultry genetic resources, respectively establish or determine breeding protection places, areas and gene databases of livestock and poultry genetic resources, and shall undertake the task of protection of the livestock and poultry genetic resources.
Without approval of the administrative department for animal husbandry and veterinary under the State Council or the administrative department for animal husbandry and veterinary of the provincial people's government, no breeding protection place, protection area or gene database of livestock and poultry genetic resources funded by the Central Finance and provincial finance may dispose of any livestock or poultry genetic resource under protection.
A gene database of livestock and poultry genetic resources shall, according to the provisions of the administrative department for animal husbandry and veterinary under the State Council or the administrative department for animal husbandry and veterinary of the provincial people' s government, regularly gather and update the livestock and poultry genetic materials. The relevant entities and individuals shall offer assistance in the building of the gene databases of livestock and poultry genetic resources by gathering livestock and poultry genetic materials and may be entitled to obtain reasonable economic compensation.
The administrative measures for the breeding protection places, protection areas and gene databases shall be formulated by the administrative department for animal husbandry and veterinary under the State Council.
Article 14 Before a newly found livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry Genetic Resources, the administrative department for animal husbandry and veterinary of the provincial people's government shall formulate a protection plan, take temporary protection measures and report it to the administrative department for animal husbandry and veterinary under the State Council for the record.
Article 15 Where a livestock or poultry genetic resource is to be imported from abroad, an application shall be filed with the administrative department for animal husbandry and veterinary of the provincial people's government.
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Order of the President of the People's Republic of China No.26
April 24, 2015
(Adopted at the 19th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on December 29, 2005, and amended according to the Decision on Revising Five Laws including the Metrology Law of the People's Republic of China passed at the 14th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Protection of Genetic Resources of Livestock and Poultry
Chapter III Selection, Production and Business Operation of Species of Breeding Livestock and Poultry
Chapter IV Breeding of Livestock and Poultry
Chapter V Transactions and Transport of Livestock and Poultry
Chapter VI Quality and Safety Guarantee
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of regulating the production and business operations of animal husbandry, ensuring the quality and safety of livestock and poultry products, protecting and reasonably utilizing the genetic resources of livestock and poultry, protecting the legitimate rights and interests of producers and business operators in animal husbandry, and promoting the sustainable and sound development of animal husbandry.
Article 2 This Law shall apply to the protection and utilization of the genetic resources, breeding, raising, business operations and transport of livestock and poultry within the People's Republic of China.
The "livestock and poultry" as mentioned in this Law refers to those included in the list of genetic resources of livestock and poultry that shall be announced in accordance with Article 11 of this Law.
The protection, utilization, production, and business operation of bee and silkworm resources shall be governed by this Law.
Article 3 The state shall support the development of animal husbandry and give full play to its role in the development of agriculture, rural economy, and increase of farmers' income. The people's governments at or above the county level shall take measures to strengthen the construction of the basic facilities for animal husbandry, encourage and support the development of breeding on a large-scale basis, push forward the industrialized operations of animal husbandry, promote the comprehensive production capacity and develop animal husbandry into a high-quality, highly efficient, ecological, and safe industry.
The state shall help and support the development of the animal husbandry industry in areas of ethnic minorities and poverty-stricken areas, protect and reasonably utilize the pastures and improving the production conditions for animal husbandry.
Article 4 The state shall take measures to foster professional animal husbandry and veterinary talents, develop and research on and promotion animal husbandry and veterinary science and technology, carry out education and publicity on the scientific and technological knowledge in animal husbandry and veterinary as well as animal husbandry and veterinary information and services, and push forward the scientific and technological progress of the animal husbandry industry.
Article 5 The producers and business operators in animal husbandry may establish industrial associations on their own initiatives so as to provide the members with information, technology, marketing and training services, to intensify the industrial self-discipline and to protect the interests of the members and the whole sector.
Article 6 The producers and business operators in animal husbandry shall perform the obligations to prevent animal diseases and to protect the environment, and shall accept the supervision and inspection conducted by the relevant competent organs in accordance with the law.
Article 7 The administrative department for animal husbandry and veterinary under the State Council shall be responsible for the supervision and administration over animal husbandry throughout the country. The administrative departments for animal husbandry and veterinary of the people's governments at or above the county level shall be responsible for the supervision and administration over animal husbandry within their respective administrative area.
The relevant competent departments of the people's governments at or above the county level shall, according to their respective functions, be responsible for promoting the development of animal husbandry.
Article 8 The administrative department for animal husbandry and veterinary under the State Council shall offer guidance to the producers and business operators in animal husbandry to improve the conditions and environment for the breeding, rearing, and transport of livestock and poultry.
Chapter II Protection of Genetic Resources of Livestock and Poultry
Article 9 The state shall establish a system for the protection of the genetic resources of livestock and poultry. The people's governments at all levels shall take measures to intensify the protection of the genetic resources of livestock and poultry, and shall incorporate the relevant expenses in the fiscal budget.
For the protection of the genetic resources of livestock and poultry, the emphasis shall be laid on the state while the pertinent entities and individuals shall be encouraged and supported to develop cause of protecting the genetic resources of livestock and poultry pursuant to law.
Article 10 The administrative department for animal husbandry and veterinary under the State Council shall establish the National Commission for the Livestock and Poultry Genetic Resources, which shall consist of professionals, and shall be responsible for the appraisal and evaluation of genetic resources of livestock and poultry as well as the examination and approval of new species and genetic improvement system, and shall carry out the demonstration of the plan on the protection and utilization of livestock and poultry genetic resources, as well as the consultation regarding the protection of livestock and poultry genetic resources.
Article 11 The administrative department for animal husbandry and veterinary under the State Council shall be responsible for organizing the investigation of livestock and poultry genetic resources, releasing national reports about the status of livestock and poultry genetic resources and publishing the list of livestock and poultry genetic resources approved by the State Council.
Article 12 The administrative department for animal husbandry and veterinary under the State Council shall, according to the distribution of the livestock and poultry genetic resources, formulate and announce the national protection list of livestock and poultry genetic resources, and lay the emphasis on the protection of the valuable, rare and endangered livestock and poultry genetic resources originated from China.
The administrative departments for animal husbandry and veterinary of the provincial people's governments shall, according to the plan on the protection and utilization of livestock and poultry genetic resources as well as the status of the livestock and poultry genetic resources within their respective administrative area, set forth and publish the provincial protection list of the livestock and poultry genetic resources, and submit it to the administrative department for animal husbandry and veterinary under the State Council for the record.
Article 13 The administrative department for animal husbandry and veterinary under the State Council shall, according to the national plan on the protection and utilization of livestock and poultry genetic resources as well as the protection list of livestock and poultry genetic resources at the state level, the provincial people's governments shall, according to the provincial protection list of livestock and poultry genetic resources, respectively establish or determine breeding protection places, areas and gene databases of livestock and poultry genetic resources, and shall undertake the task of protection of the livestock and poultry genetic resources.
Without approval of the administrative department for animal husbandry and veterinary under the State Council or the administrative department for animal husbandry and veterinary of the provincial people's government, no breeding protection place, protection area or gene database of livestock and poultry genetic resources funded by the Central Finance and provincial finance may dispose of any livestock or poultry genetic resource under protection.
A gene database of livestock and poultry genetic resources shall, according to the provisions of the administrative department for animal husbandry and veterinary under the State Council or the administrative department for animal husbandry and veterinary of the provincial people' s government, regularly gather and update the livestock and poultry genetic materials. The relevant entities and individuals shall offer assistance in the building of the gene databases of livestock and poultry genetic resources by gathering livestock and poultry genetic materials and may be entitled to obtain reasonable economic compensation.
The administrative measures for the breeding protection places, protection areas and gene databases shall be formulated by the administrative department for animal husbandry and veterinary under the State Council.
Article 14 Before a newly found livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry Genetic Resources, the administrative department for animal husbandry and veterinary of the provincial people's government shall formulate a protection plan, take temporary protection measures and report it to the administrative department for animal husbandry and veterinary under the State Council for the record.
Article 15 Where a livestock or poultry genetic resource is to be imported from abroad, an application shall be filed with the administrative department for animal husbandry and veterinary of the provincial people's government.
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