(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)Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Chapter I General ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 2 For the purposes of these Regulations, the term "feed" refers to feed processed and produced industrially for animal consumption, including single feed, additive premixed feed, concentrated feed, compound feed and concentrate supplement.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The term "feed additives" as used in these Regulations refers to substances added in small or trace amounts 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 promulgated by the competent agricultural administrative department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 3 The competent agricultural administrative department of the State Council shall be responsible for the administration of feed and feed additives nationwide.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 regions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Chapter II Examination and Approval and Import AdministrationArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 4 The State encourages the research and creation of new feed and new feed additives.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 5 When submitting an application 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:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(1) The name, main components and physicochemical properties of the new product;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(2) The development method, production process, quality standards and testing methods of the new product;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(3) The feeding effects, residue depletion dynamics and toxicology of the new product;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(4) The environmental impact report and pollution prevention and control measures.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 6 The product quality standards for new feed and new feed additives promulgated 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(1) Trademark, label and information on popularization and application;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(2) Certificates of approval for production and sale in the country of production and registration materials from countries other than the country of production;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(3) The materials specified in Article 5 of these Regulations.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Where the feed or feed additives referred to in the preceding paragraph are confirmed upon examination 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 using the data referred to 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Except in the following circumstances, the approval or registration authority shall not disclose the data specified in the first paragraph:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(1) Where required for the public interest;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(2) Measures have been taken to ensure that such information will not be improperly used for commercial purposes.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Chapter III Administration of Production, Operation and UseArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/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, the following conditions shall also be met:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(1) Having factory buildings, equipment, processes and storage facilities suitable for the production of feed or feed additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(2) Having full-time technical personnel suitable for the production of feed or feed additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(3) Having the necessary product quality inspection institutions, inspection personnel and inspection facilities;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(4) The production environment meets the safety and hygiene requirements stipulated by the State;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(5) Pollution prevention and control measures meet the environmental protection requirements of the State.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 that the conditions specified in the preceding paragraph are met may the enterprise registration procedures be completed.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
After the enterprises referred to in the preceding paragraph obtain the production license, the feed administration department of the people's government of the province, autonomous region or municipality directly under the Central Government shall issue the approval number for feed additive or additive premixed feed products.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 14 The packaging of feed and feed additives shall comply with the relevant safety and hygiene provisions of the State.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The packaging of feed and feed additives that are flammable or have other special requirements shall bear warning signs or instructions and shall indicate precautions for storage and transportation.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The packaging materials of feed and feed additives shall not be reused; however, this does not apply where the producing party and the using party have otherwise agreed.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The label of feed additives shall also indicate the method of use and precautions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The label of feed to which medicated feed additives are added shall also indicate the words “medicated feed additives added” and shall indicate their chemical names, contents, methods of use and precautions.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The label of feed additives and additive premixed feed shall also indicate the product approval number and production license number.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 16 Enterprises dealing in feed or feed additives shall meet the following conditions:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(1) Having storage facilities suitable for dealing in feed or feed additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(2) Having technical personnel with knowledge of the use, storage and sub-packaging of feed and feed additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(3) Having the necessary product quality management system.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 17 Enterprises dealing in feed or feed additives must check product labels and product quality certificates when purchasing goods.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
It is prohibited to deal in feed or feed additives that have no product quality standards, no product quality certificate, no production license and no product approval number.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 18 It is prohibited to produce or deal in feed or feed additives that are discontinued, prohibited or eliminated, as well as feed or feed additives that have not been examined, approved and promulgated.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
It is prohibited to deal in imported feed and imported feed additives that have not been registered with the competent agriculture department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 19 The use of feed additives shall comply with the safe use specifications formulated by the competent agriculture department of the State Council.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
It is prohibited to use the feed and feed additives specified in Article 18 of these Regulations. It is prohibited to add hormone-type drugs and other prohibited drugs specified by the competent agriculture department of the State Council to feed and drinking water for animals.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 department of the State Council shall decide to restrict, suspend, or prohibit their use and shall make this public.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 21 It is prohibited to make statements or publicity for feed or feed additives regarding the prevention or treatment of animal diseases; however, where pharmaceutical feed additives are added to feed, the functions of the added pharmaceutical feed additives may be explained.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 23 The competent agriculture 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
The feed administration departments of local people's governments at or above the county level may, in accordance with the work plan for quality supervision and spot checks on feed and feed additives, organize supervision and spot checks on feed and feed additives, and shall, together with the product quality supervision and administration department at the same level, publish the spot-check results.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Chapter IV Penalty ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 24 Where, in violation of the provisions of these Regulations, a production license has not been obtained and feed additives or additive premixed feed are produced, 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 a product approval number has not been obtained, it shall order the production to be stopped and order the product approval number to be obtained within a prescribed time limit.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 25 Where, in violation of the provisions of these Regulations, feed or feed additives are dealt in without attached product quality inspection certificates and product labels, and without a production license, approval number, or product quality standard, 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 operated products and illegal gains, and may concurrently impose a fine of not more than 1 time the illegal gains.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 27 Where a party does not meet the conditions specified in Article 16 of these Regulations and deals in feed or feed additives, 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 28 Where, in violation of the provisions of these Regulations, feed or feed additives that have been suspended, prohibited, or eliminated, or that have not been examined and announced, are produced or dealt in, 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 criminal punishment is not sufficient, 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 operated products and illegal gains, and impose a fine of not less than 1 time but not more than 5 times the illegal gains.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 29 Where, in violation of the provisions of these Regulations, feed additives are used not in accordance with the provisions of the competent agriculture 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Where the feed or feed additives specified in Article 18 of these Regulations are used, or hormone-type drugs and other prohibited drugs specified by the competent agriculture department of the State Council are added to feed and drinking water for animals, the feed administration department of the local people's government at or above the county level shall confiscate the prohibited drugs and may concurrently impose a fine of not less than 10,000 yuan but not more than 50,000 yuan.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 30 Where, in violation of the provisions of these Regulations, any of the following acts is committed, 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 inferior products; where criminal punishment is not sufficient, 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 operated 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 department of the State Council shall also revoke the production license:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(2) The types and names of the ingredients contained in the produced or operated feed or feed additives are inconsistent with the types and names of the ingredients indicated on the product label;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(3) The produced or operated feed or feed additives do not conform to the product quality standards for feed or feed additives;Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(4) The operated feed or feed additives have become ineffective, moldy, or have exceeded their shelf life.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 31 Where imported feed or imported feed additives that have not been registered with the competent agriculture department of the State Council are dealt in, 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 criminal punishment is not sufficient, 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 32 Where a production license, product approval number, or product registration certificate for feed additives or additive premixed feed is counterfeited, forged, or bought or sold, 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 buying or selling official documents, certificates, or seals of state organs; where criminal punishment is not sufficient, the competent agriculture 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, confiscate 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Chapter V Supplementary ProvisionsArtikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 33 The meanings of the following terms in these Regulations are:Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
(3) Pharmaceutical 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.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 34 The administration of pharmaceutical feed additives shall be implemented in accordance with the provisions of the Regulations on the Administration of Veterinary Drugs.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/
Article 35 These Regulations shall come into force on the date of promulgation.Artikel berasal dariFOFCC-http://fofcc.org.cn/ms/11221/