Law of the People's Republic of China on Animal Husbandry (2022 Revision)
Law of the People's Republic of China on Animal Husbandry (2022 Revision)
Law of the People's Republic of China on Animal Husbandry (2022 Revision)
Order of the President of the People's Republic of China No.124
October 30, 2022
The Law of the People's Republic of China on Animal Husbandry, as revised and adopted at the 37th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 30, 2022, is hereby issued, and shall come into force as of March 1, 2023.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Animal Husbandry (2022 Revision)
(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; amended in accordance with the Decision on Amending Five Laws Including the Metrology Law of the People's Republic of China adopted at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015; revised at the 37th Session of the Standing Committee of the 13th National People's Congress on October 30, 2022)
Contents
Chapter I General Provisions
Chapter II Protection of the 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 Grassland Animal Husbandry
Chapter VI Transactions and Transport of Livestock and Poultry
Chapter VII Livestock and Poultry Slaughter
Chapter VIII Guarantee and Supervision
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of regulating the production and business operations of stockbreeding, ensuring the supply, quality and safety of livestock and poultry products, protecting and reasonably utilizing the genetic resources of livestock and poultry, breeding and promoting fine breeds of livestock and poultry, revitalizing the livestock and poultry industry, protecting the legitimate rights and interests of stockbreeding producers and business operators, preventing public health risks, and promoting the high-quality development of stockbreeding.
Article 2 This Law shall apply to the protection, utilization, breeding, rearing, business operations, transport, and slaughter of the genetic resources of livestock and poultry within the People's Republic of China.
For the purpose of this Law, "livestock and poultry" refers to those animals included in the list of genetic resources of livestock and poultry that shall be announced in accordance with Article 12 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 livestock and give full play to the role of the livestock in the development of agriculture, the rural economy, and increase of breeders' income.
The people's governments at or above the county level shall incorporate the development of animal husbandry into national economic and social development plans, strengthen the construction of the basic facilities for stockbreeding, encourage and support the development of large-scale, standard, and intelligent breeding, promote the combination of planting and breeding and circular and green development of plant and animal husbandry, push forward the industrialized operations of stockbreeding, promote the comprehensive production capacity and develop stockbreeding into a safe, high-quality, highly efficient, and eco-friendly industry.
The State shall help and support the development of the stockbreeding industry in areas of ethnic and underdeveloped areas, protect and reasonably utilize pastures and improve the production conditions for stockbreeding.
Article 4 The State shall take measures to foster professional stockbreeding and veterinary talents, strengthen the monitoring of livestock and poultry diseases and the development of livestock and poultry vaccines, improve the primary animal husbandry and veterinary technology promotion system, develop the research on and popularization of stockbreeding and veterinary science and technology, improve animal husbandry standards, carry out the education and publicity of scientific and technological knowledge of stockbreeding and veterinary as well as services of stockbreeding and veterinary information, and push forward the scientific and technological progress and innovations of the stockbreeding industry.
Article 5 The agriculture and rural affairs department of the State Council shall be responsible for the stockbreeding supervision and administration throughout the country. The agriculture and rural affairs departments of the people's governments at or above the county level shall be responsible for the stockbreeding supervision and administration 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 stockbreeding.
Article 6 The agriculture and rural affairs department of the State Council shall offer guidance to the producers and business operators of stockbreeding to improve the conditions and environment for the breeding, rearing, transport, and slaughter of livestock and poultry.
Article 7 People's governments at all levels and relevant departments shall strengthen the publicity of laws and regulations related to the animal husbandry industry.
Entities and individuals who have made remarkable achievements in the development of the animal husbandry industry shall be commended and rewarded in accordance with the relevant provisions issued by the State.
Article 8 The producers and business operators of stockbreeding may establish industrial associations on their own initiative 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 9 The producers and business operators of stockbreeding shall perform the obligations to prevent animal diseases and to protect the ecological environment, and shall accept the supervision and inspection conducted by the relevant competent organs in accordance with the law.
Chapter II Protection of the Genetic Resources of Livestock and Poultry
Article 10 The State shall establish a system for the protection of the genetic resources of livestock and poultry and conduct work such as investigating, protecting, authenticating, identifying, registering, monitoring, and utilizing resources. 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 budget.
Livestock and poultry genetic resources shall be protected primarily by the State along with participation of diverse parties, and adherence to the principle of prioritizing protection and efficient utilization, by classification and by grade.
The State shall encourage and provide support for relevant entities and individuals to develop undertakings to protect livestock and poultry genetic resources in accordance with the law, and encourage and provide support for higher education institutions, scientific research institutions, and enterprises to strengthen the basic research on the protection and utilization of livestock and poultry genetic resources and improve their capabilities of scientific and technological innovation.
Article 11 The agriculture and rural affairs department of 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 12 The agriculture and rural affairs department of the State Council shall be responsible for regularly 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.
Tame animals resulting from domestication and selective breeding, with stable phenotypic traits, of an acceptable breed, of which the population is of a certain size, which reproduce independently of wild populations may be included in the list of livestock and poultry genetic resources.
Article 13 The agriculture and rural affairs department of the State Council shall, via the distribution of the livestock and poultry genetic resources, formulate, adjust, 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 originating from China.
The agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the plan on the protection and utilization of livestock and poultry genetic resources as well as the conditions of the livestock and poultry genetic resources within their respective administrative area, set forth, adjust, and publish the provincial protection list of the livestock and poultry genetic resources, submit the same to the agriculture and rural affairs department of the State Council for archival purposes, and strengthen the protection for local livestock and poultry genetic resources.
Article 14 The agriculture and rural affairs department of 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, or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government 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 the protection of livestock and poultry genetic resources.
Without the approval of the agriculture and rural affairs department of the State Council or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central 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 agriculture and rural affairs department of the State Council or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central 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 local people's governments at or above the county level shall guarantee the satisfaction of the demand for land for breeding protection places and gene databases for livestock and poultry genetic resources. Closure or relocation, if indeed necessary, shall be subject to the approval of the original establishment or determination authority, and proper arrangements shall be made in accordance with the principle of construction before demolition, in the case of relocation.
The administrative measures for the breeding protection places, protection areas and gene databases shall be formulated by the agriculture and rural affairs department of the State Council.
Article 15 Before a newly found livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry Genetic Resources, the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate a protection plan, take temporary protection measures and submit a report to the agriculture and rural affairs department of the State Council for archival purposes.
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Order of the President of the People's Republic of China No.124
October 30, 2022
The Law of the People's Republic of China on Animal Husbandry, as revised and adopted at the 37th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on October 30, 2022, is hereby issued, and shall come into force as of March 1, 2023.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Animal Husbandry (2022 Revision)
(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; amended in accordance with the Decision on Amending Five Laws Including the Metrology Law of the People's Republic of China adopted at the 14th Session of the Standing Committee of the 12th National People's Congress on April 24, 2015; revised at the 37th Session of the Standing Committee of the 13th National People's Congress on October 30, 2022)
Contents
Chapter I General Provisions
Chapter II Protection of the 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 Grassland Animal Husbandry
Chapter VI Transactions and Transport of Livestock and Poultry
Chapter VII Livestock and Poultry Slaughter
Chapter VIII Guarantee and Supervision
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of regulating the production and business operations of stockbreeding, ensuring the supply, quality and safety of livestock and poultry products, protecting and reasonably utilizing the genetic resources of livestock and poultry, breeding and promoting fine breeds of livestock and poultry, revitalizing the livestock and poultry industry, protecting the legitimate rights and interests of stockbreeding producers and business operators, preventing public health risks, and promoting the high-quality development of stockbreeding.
Article 2 This Law shall apply to the protection, utilization, breeding, rearing, business operations, transport, and slaughter of the genetic resources of livestock and poultry within the People's Republic of China.
For the purpose of this Law, "livestock and poultry" refers to those animals included in the list of genetic resources of livestock and poultry that shall be announced in accordance with Article 12 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 livestock and give full play to the role of the livestock in the development of agriculture, the rural economy, and increase of breeders' income.
The people's governments at or above the county level shall incorporate the development of animal husbandry into national economic and social development plans, strengthen the construction of the basic facilities for stockbreeding, encourage and support the development of large-scale, standard, and intelligent breeding, promote the combination of planting and breeding and circular and green development of plant and animal husbandry, push forward the industrialized operations of stockbreeding, promote the comprehensive production capacity and develop stockbreeding into a safe, high-quality, highly efficient, and eco-friendly industry.
The State shall help and support the development of the stockbreeding industry in areas of ethnic and underdeveloped areas, protect and reasonably utilize pastures and improve the production conditions for stockbreeding.
Article 4 The State shall take measures to foster professional stockbreeding and veterinary talents, strengthen the monitoring of livestock and poultry diseases and the development of livestock and poultry vaccines, improve the primary animal husbandry and veterinary technology promotion system, develop the research on and popularization of stockbreeding and veterinary science and technology, improve animal husbandry standards, carry out the education and publicity of scientific and technological knowledge of stockbreeding and veterinary as well as services of stockbreeding and veterinary information, and push forward the scientific and technological progress and innovations of the stockbreeding industry.
Article 5 The agriculture and rural affairs department of the State Council shall be responsible for the stockbreeding supervision and administration throughout the country. The agriculture and rural affairs departments of the people's governments at or above the county level shall be responsible for the stockbreeding supervision and administration 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 stockbreeding.
Article 6 The agriculture and rural affairs department of the State Council shall offer guidance to the producers and business operators of stockbreeding to improve the conditions and environment for the breeding, rearing, transport, and slaughter of livestock and poultry.
Article 7 People's governments at all levels and relevant departments shall strengthen the publicity of laws and regulations related to the animal husbandry industry.
Entities and individuals who have made remarkable achievements in the development of the animal husbandry industry shall be commended and rewarded in accordance with the relevant provisions issued by the State.
Article 8 The producers and business operators of stockbreeding may establish industrial associations on their own initiative 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 9 The producers and business operators of stockbreeding shall perform the obligations to prevent animal diseases and to protect the ecological environment, and shall accept the supervision and inspection conducted by the relevant competent organs in accordance with the law.
Chapter II Protection of the Genetic Resources of Livestock and Poultry
Article 10 The State shall establish a system for the protection of the genetic resources of livestock and poultry and conduct work such as investigating, protecting, authenticating, identifying, registering, monitoring, and utilizing resources. 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 budget.
Livestock and poultry genetic resources shall be protected primarily by the State along with participation of diverse parties, and adherence to the principle of prioritizing protection and efficient utilization, by classification and by grade.
The State shall encourage and provide support for relevant entities and individuals to develop undertakings to protect livestock and poultry genetic resources in accordance with the law, and encourage and provide support for higher education institutions, scientific research institutions, and enterprises to strengthen the basic research on the protection and utilization of livestock and poultry genetic resources and improve their capabilities of scientific and technological innovation.
Article 11 The agriculture and rural affairs department of 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 12 The agriculture and rural affairs department of the State Council shall be responsible for regularly 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.
Tame animals resulting from domestication and selective breeding, with stable phenotypic traits, of an acceptable breed, of which the population is of a certain size, which reproduce independently of wild populations may be included in the list of livestock and poultry genetic resources.
Article 13 The agriculture and rural affairs department of the State Council shall, via the distribution of the livestock and poultry genetic resources, formulate, adjust, 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 originating from China.
The agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the plan on the protection and utilization of livestock and poultry genetic resources as well as the conditions of the livestock and poultry genetic resources within their respective administrative area, set forth, adjust, and publish the provincial protection list of the livestock and poultry genetic resources, submit the same to the agriculture and rural affairs department of the State Council for archival purposes, and strengthen the protection for local livestock and poultry genetic resources.
Article 14 The agriculture and rural affairs department of 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, or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government 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 the protection of livestock and poultry genetic resources.
Without the approval of the agriculture and rural affairs department of the State Council or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central 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 agriculture and rural affairs department of the State Council or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central 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 local people's governments at or above the county level shall guarantee the satisfaction of the demand for land for breeding protection places and gene databases for livestock and poultry genetic resources. Closure or relocation, if indeed necessary, shall be subject to the approval of the original establishment or determination authority, and proper arrangements shall be made in accordance with the principle of construction before demolition, in the case of relocation.
The administrative measures for the breeding protection places, protection areas and gene databases shall be formulated by the agriculture and rural affairs department of the State Council.
Article 15 Before a newly found livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry Genetic Resources, the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate a protection plan, take temporary protection measures and submit a report to the agriculture and rural affairs department of the State Council for archival purposes.
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