Law of the People's Republic of China on Animal Husbandry
Law of the People's Republic of China on Animal Husbandry
Law of the People's Republic of China on Animal Husbandry
Order of the President [2005] No. 45
December 29, 2005
The Law of the People's Republic of China on Animal Husbandry was 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. It is hereby promulgated and shall come into force as of July 1, 2006.
President Hu Jintao
Law of the People's Republic of China on Animal Husbandry
(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)
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 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 stockbreeding, 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 the stockbreeding producers and business operators, and promoting the sustainable and sound development of stockbreeding.
Article 2 This Law shall apply to the protection, utilization, breeding, rearing, business operations and transport of the genetic resources 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 livestock and give full play to the role of the livestock 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 stockbreeding, encourage and support the development of breeding on a large-scale basis, push forward the industrialized operations of stockbreeding, promote the comprehensive production capacity and develop stockbreeding into a high-quality, highly efficient, ecological, and safe industry.
The state shall help and support the development of the stockbreeding industry in areas of ethnic minorities and poverty-stricken areas, protect and reasonably utilize the pastures and improving the production conditions for stockbreeding.
Article 4 The state shall take measures to foster professional stockbreeding and veterinary talents, develop the research and popularization of the science and technology of stockbreeding and veterinary, 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 of the stockbreeding industry.
Article 5 The producers and business operators of stockbreeding 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 of stockbreeding 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 stockbreeding and veterinary administrative department of the State Council shall be responsible for the stockbreeding supervision and administration throughout the country. The stockbreeding and veterinary administrative 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 8 The stockbreeding and veterinary administrative 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, 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 stockbreeding and veterinary administrative 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 11 The stockbreeding and veterinary administrative department of 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 stockbreeding and veterinary administrative department of 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 stockbreeding and veterinary administrative departments 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 stockbreeding and veterinary administrative department of the State Council for archival purposes.
Article 13 The stockbreeding and veterinary administrative 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, 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 stockbreeding and veterinary administrative department of the State Council or the stockbreeding or veterinary administrative department 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 stockbreeding and veterinary administrative department of the State Council or the stockbreeding and veterinary administrative department 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 stockbreeding and veterinary administrative department of 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 stockbreeding and veterinary administrative department of the provincial people's government shall formulate a protection plan, take temporary protection measures and report it to the stockbreeding and veterinary administrative department of the State Council for archival purposes.
Article 15 Where a livestock or poultry genetic resource is to be imported from abroad, an application shall be filed with the stockbreeding and veterinary administrative department of the provincial people's government.
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