(Promulgated by Decree No. 266 of the State Council of the People's Republic of China on May 29, 1999, and revised in accordance with the Decision of the State Council on Amending the Regulations on the Administration of Feed and Feed Additives on November 29, 2001)文章源自FOFCC-http://fofcc.org.cn/am/11221/
Chapter I General Provisions文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 1 These Regulations are formulated for the purpose of strengthening the administration of feed and feed additives, improving the quality of feed and feed additives, promoting the development of the feed industry and the breeding industry, and safeguarding the health of the people.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 2 For the purposes of these Regulations, "feed" means feed processed and produced industrially for animal consumption, including single feed, additive premixed feed, concentrated feed, compound feed and concentrate supplement.文章源自FOFCC-http://fofcc.org.cn/am/11221/
For the purposes of these Regulations, "feed additives" means small or trace amounts of substances added during the processing, production and use of feed, including nutritional feed additives and general feed additives. The catalogue of feed additive varieties shall be formulated and published by the competent agricultural administrative department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 3 The competent agricultural administrative department of the State Council shall be responsible for the administration of feed and feed additives nationwide.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The departments responsible for the administration of feed and feed additives of the local people's governments at or above the county level (hereinafter referred to as the feed administration departments) shall be responsible for the administration of feed and feed additives within their respective administrative areas.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Chapter II Examination and Approval and Import Administration文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 4 The State encourages research on and creation of new feed and new feed additives.文章源自FOFCC-http://fofcc.org.cn/am/11221/
For newly developed feed and feed additives, before being put into production, the developer or producer (hereinafter referred to as the applicant) must submit an application for examination and approval of the new product to the competent agricultural administrative department of the State Council. After testing and feeding trials by an institution designated by the competent agricultural administrative department of the State Council, the National Feed Review Committee shall, based on the testing and feeding trial results, review the safety, effectiveness and environmental impact of the new product; if the review is passed, the competent agricultural administrative department of the State Council shall issue a certificate for the new feed or new feed additive and make it public.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The National Feed Review Committee shall be composed of experts in the fields of breeding, feed processing, animal nutrition, toxicology, pharmacology, metabolism, hygiene, chemical synthesis, biotechnology, quality standards and environmental protection.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 5 When applying for examination and approval of a new feed or feed additive product, the applicant shall, in addition to providing samples of the new product, also provide the following materials:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) the name, main components and physicochemical properties of the new product;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) the development method, production process, quality standards and testing methods of the new product;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(3) the feeding effect, residue dissipation dynamics and toxicology of the new product;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(4) the environmental impact report and pollution prevention and control measures.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 6 The product quality standards for new feed and new feed additives published by the competent agricultural administrative department of the State Council shall be industry standards; where national standards need to be formulated, the relevant provisions of the Standardization Law shall be followed.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 7 For the first import of feed or feed additives, an application for registration shall be submitted to the competent agricultural administrative department of the State Council, together with samples of the feed or feed additives and the following materials:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) trademark, label and information on promotion and application;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) proof that the country of production has approved production and sales, and registration materials from countries other than the country of production;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(3) the materials specified in Article 5 of these Regulations.文章源自FOFCC-http://fofcc.org.cn/am/11221/
If, upon examination, the feed or feed additives mentioned in the preceding paragraph are confirmed to be safe, effective and non-polluting to the environment, the competent agricultural administrative department of the State Council shall issue a product registration certificate.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 8 The State shall implement protection for the undisclosed test data and other data obtained by the applicants themselves and submitted by applicants who have obtained examination and approval or registration for feed or feed additives containing new compounds.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Within 6 years from the date of examination and approval or registration, where other applicants apply for examination and approval or registration of feed or feed additives by using the data mentioned in the preceding paragraph without the consent of the applicant that has obtained examination and approval or registration, the examination and approval or registration authority shall not grant examination and approval or registration; however, this does not apply where other applicants submit data obtained by themselves.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Except in the following circumstances, the examination and approval or registration authority shall not disclose the data specified in the first paragraph:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) where required by the public interest;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) where measures have been taken to ensure that such information will not be improperly used for commercial purposes.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Chapter III Administration of Production, Operation and Use文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 9 To establish an enterprise producing feed or feed additives, in addition to meeting the conditions for enterprise establishment stipulated by relevant laws and administrative regulations, it shall also meet the following conditions:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) having factory buildings, equipment, processes and storage facilities suitable for the production of feed or feed additives;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) having full-time technical personnel suitable for the production of feed or feed additives;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(3) having the necessary product quality inspection institutions, inspection personnel and inspection facilities;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(4) the production environment meeting the safety and hygiene requirements stipulated by the State;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(5) pollution prevention and control measures meeting the environmental protection requirements of the State.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Only after examination by the competent agricultural administrative department of the State Council or the feed administration department of the people's government of a province, autonomous region or municipality directly under the Central Government in accordance with their respective authority and confirmation of compliance with the conditions specified in the preceding paragraph may the enterprise registration procedures be handled.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 10 For enterprises producing feed additives or additive premixed feed, after examination by the feed administration department of the people's government of a province, autonomous region or municipality directly under the Central Government, the competent agricultural administrative department of the State Council shall issue a production license.文章源自FOFCC-http://fofcc.org.cn/am/11221/
After the enterprises mentioned in the preceding paragraph obtain the production license, the feed administration department of the people's government of a province, autonomous region or municipality directly under the Central Government shall issue the approval number for feed additive or additive premixed feed products.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 11 Enterprises producing feed or feed additives shall organize production in accordance with product quality standards and implement a system of production records and retained sample observation of products.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 12 When producing feed or feed additives, enterprises shall not directly add veterinary drugs or other prohibited drugs; veterinary drugs permitted to be added must be made into medicated feed additives before they may be added; when producing medicated feed additives, hormone drugs shall not be added.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 13 Enterprises producing feed or feed additives shall conduct product quality inspection. Products that pass inspection shall be accompanied by a product quality inspection certificate; products without a product quality certificate shall not be sold.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 14 The packaging of feed and feed additives shall comply with the relevant safety and hygiene provisions of the State.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The packaging of feed and feed additives that are flammable or have other special requirements shall bear warning marks or instructions and indicate storage and transportation precautions.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The packaging materials of feed and feed additives shall not be reused; however, this does not apply where the producer and the user have otherwise agreed.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 15 Labels shall be attached to the packaging of feed and feed additives. The label shall indicate in Chinese or with applicable symbols the product name, raw material composition, guaranteed analysis values of product composition, net weight, production date, shelf life, factory name, factory address and product standard code.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The label of feed additives shall also indicate the method of use and precautions.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The label of feed containing medicated feed additives shall also indicate the words “contains medicated feed additives” and indicate their chemical names, contents, methods of use and precautions.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The labels of feed additives and additive premixed feed shall also indicate the product approval number and production license number.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 16 Enterprises dealing in feed or feed additives shall meet the following conditions:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) having storage facilities suitable for dealing in feed or feed additives;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) having technical personnel with knowledge of the use, storage and sub-packaging of feed and feed additives;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(3) having the necessary product quality management system.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 17 Enterprises dealing in feed or feed additives must check product labels and product quality certificates when purchasing goods.文章源自FOFCC-http://fofcc.org.cn/am/11221/
It is prohibited to deal in feed and feed additives that have no product quality standards, no product quality qualification certificates, no production licenses, and no product approval numbers.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 18 It is prohibited to produce or deal in feed and feed additives that have been discontinued, banned, or eliminated, as well as feed and feed additives that have not been examined and announced.文章源自FOFCC-http://fofcc.org.cn/am/11221/
It is prohibited to deal in imported feed and imported feed additives that have not been registered with the competent agriculture administration department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 19 The use of feed additives shall comply with the safe use specifications formulated by the competent agriculture administration department of the State Council.文章源自FOFCC-http://fofcc.org.cn/am/11221/
It is prohibited to use the feed and feed additives specified in Article 18 of these Regulations. It is prohibited to add hormone drugs and other banned drugs specified by the competent agriculture administration department of the State Council to feed and drinking water for animals.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 20 Where feed or feed additives are proven during use to be harmful to raised animals, human health, or the environment, the competent agriculture administration department of the State Council shall decide to restrict, discontinue, or ban their use and shall announce such decisions.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 21 It is prohibited to make statements or publicity claiming that feed or feed additives prevent or treat animal diseases; however, where medicated feed additives are added to feed, the effects of the added medicated feed additives may be explained.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 22 Institutions engaged in quality inspection of feed and feed additives may undertake product quality inspection work for feed and feed additives only after passing assessment by the product quality supervision and administration department or the competent agriculture administration department of the State Council, or after passing assessment by the product quality supervision and administration department or the feed administration department of the people's government of a province, autonomous region, or municipality directly under the Central Government.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 23 The competent agriculture administration department of the State Council may, in accordance with the national product quality supervision and spot-check work plan formulated by the product quality supervision and administration department of the State Council, conduct quality supervision and spot checks on feed and feed additives; however, repeated spot checks shall not be conducted.文章源自FOFCC-http://fofcc.org.cn/am/11221/
The feed administration departments of local people's governments at or above the county level may, in accordance with the quality supervision and spot-check work plan for feed and feed additives, organize supervision and spot checks on feed and feed additives, and shall, together with the product quality supervision and administration departments at the same level, announce the spot-check results.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Chapter IV Penalty Provisions文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 24 Where, in violation of the provisions of these Regulations, a person produces feed additives or additive premixed feed without obtaining a production license, the feed administration department of the local people's government at or above the county level shall order the production to be stopped, confiscate the illegally produced products and illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains; where a production license has been obtained but no product approval number has been obtained, it shall order the production to be stopped and order the product approval number to be obtained within a prescribed time limit.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 25 Where, in violation of the provisions of these Regulations, a person deals in feed or feed additives that are not accompanied by product quality inspection qualification certificates and product labels, or that have no production license, approval number, or product quality standards, the feed administration department of the local people's government at or above the county level shall order the business operation to be stopped, confiscate the illegally dealt products and illegal gains, and may concurrently impose a fine of not more than 1 time the illegal gains.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 26 Where the packaging of feed or feed additives does not conform to the provisions of Article 14 of these Regulations, or the attached labels do not conform to the provisions of Article 15 of these Regulations, the feed administration department of the local people's government at or above the county level shall order correction within a prescribed time limit; where correction is not made within the time limit, it shall order sales to be stopped and may impose a fine of not more than 1 time the illegal gains.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 27 Where a person deals in feed or feed additives without meeting the conditions specified in Article 16 of these Regulations, the feed administration department of the local people's government at or above the county level shall order correction within a prescribed time limit; where correction is not made within the time limit, it shall order the business operation to be stopped, confiscate the illegal gains, and may concurrently impose a fine of not less than 1 time but not more than 3 times the illegal gains.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 28 Where, in violation of the provisions of these Regulations, a person produces or deals in feed or feed additives that have been discontinued, banned, or eliminated, or that have not been examined and announced, criminal liability shall be pursued according to law in accordance with the provisions of the Criminal Law on the crime of illegal business operations; where the case is not serious enough for criminal punishment, the feed administration department of the local people's government at or above the county level shall order the production or business operation to be stopped, confiscate the illegally produced or dealt products and illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 29 Where, in violation of the provisions of these Regulations, a person uses feed additives not in accordance with the provisions of the competent agriculture administration department of the State Council, the feed administration department of the local people's government at or above the county level shall order immediate correction and may impose a fine of not more than 30,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Where a person uses the feed or feed additives specified in Article 18 of these Regulations, or adds hormone drugs or other banned drugs specified by the competent agriculture administration department of the State Council to feed or drinking water for animals, the feed administration department of the local people's government at or above the county level shall confiscate the banned drugs and may concurrently impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 30 Where, in violation of the provisions of these Regulations, a person commits any of the following acts, criminal liability shall be pursued according to law in accordance with the provisions of the Criminal Law on the crime of producing or selling fake or substandard products; where the case is not serious enough for criminal punishment, the feed administration department of the local people's government at or above the county level shall order the production or business operation to be stopped, confiscate the illegally produced or dealt products and illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains; where the circumstances are serious, the competent agriculture administration department of the State Council shall also revoke the production license:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) During production or business operation, passing off non-feed or non-feed additives as feed or feed additives, or passing off one type of feed or feed additive as another type of feed or feed additive;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) The types and names of the ingredients contained in the produced or dealt feed or feed additives are inconsistent with the types and names of the ingredients indicated on the product labels;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(3) The produced or dealt feed or feed additives do not conform to the product quality standards for feed or feed additives;文章源自FOFCC-http://fofcc.org.cn/am/11221/
(4) The dealt feed or feed additives have become ineffective, moldy, or have exceeded their shelf life.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 31 Where a person deals in imported feed or imported feed additives that have not been registered with the competent agriculture administration department of the State Council, criminal liability shall be pursued according to law in accordance with the provisions of the Criminal Law on the crime of illegal business operations; where the case is not serious enough for criminal punishment, the feed administration department of the local people's government at or above the county level shall order the business operation to be stopped immediately, confiscate the unsold products and illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 32 Where a person counterfeits, forges, or trades production licenses, product approval numbers, or product registration certificates for feed additives or additive premixed feed, criminal liability shall be pursued according to law in accordance with the provisions of the Criminal Law on the crime of illegal business operations or the crime of forging, altering, or trading official documents, certificates, or seals of state organs; where the case is not serious enough for criminal punishment, the competent agriculture administration department of the State Council or the feed administration department of the people's government of a province, autonomous region, or municipality directly under the Central Government shall, according to its duties and authority, seize or revoke the production license, product approval number, or product registration certificate, confiscate the illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Chapter V Supplementary Provisions文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 33 The meanings of the following terms in these Regulations are:文章源自FOFCC-http://fofcc.org.cn/am/11221/
(1) Nutritional feed additives refer to small or trace amounts of substances used to supplement the nutritional components of feed, including feed-grade amino acids, vitamins, mineral trace elements, enzyme preparations, non-protein nitrogen, etc.文章源自FOFCC-http://fofcc.org.cn/am/11221/
(2) General feed additives refer to small or trace amounts of substances mixed into feed to ensure or improve feed quality and increase feed utilization.文章源自FOFCC-http://fofcc.org.cn/am/11221/
(3) Medicated feed additives refer to premixes of veterinary drugs mixed with carriers or diluents for the prevention or treatment of animal diseases, including anticoccidial drugs, anthelmintics, bacteriostatic growth-promoting agents, etc.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 34 The administration of medicated feed additives shall be carried out in accordance with the provisions of the Regulations on the Administration of Veterinary Drugs.文章源自FOFCC-http://fofcc.org.cn/am/11221/
Article 35 These Regulations shall come into force on the date of promulgation.文章源自FOFCC-http://fofcc.org.cn/am/11221/