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饲料和饲料添加剂管理条例 Regulations on Administration of Fodder and Fodder Additive

2009-03-24 法律英语 来源:互联网 作者:
odder or fodder additive;

  (2) possession of technical personnel knowledgeable at using, storing and packing up fodder or fodder additive;

  (3) possession of necessary management system of product quality.

  Article 16 An enterprise operating fodder or fodder additive, when purchasing for stock, must check the label of the product and the certificate of product quality.

  It is prohibited from operating fodder or fodder additive without standards for product quality, certificate of product quality, manufacture license or approval number of the product.

  Article 17 It is prohibited from manufacturing and operating fodder or fodder additive which has already been suspended from use, banned from use, or eliminated through selection and contest as well as fodder or fodder additive that has bot been examined and made publicf.

  It is prohibited from operating imported fodder or fodder additive that has not been registered with the competent department of agriculture administration under the State Council.

  Article 18 Where any fodder or fodder additive is proved harmful to animal breeding, human health and environment during the course of using, the competent departments of agriculture administration under the State Council shall make a decision to limit, cease or ban its use and make the decision public.

  Article 19 It is prohibited from illustrating and promulgating that fodder or fodder additive has the effects of preventing and curing the animals' illnesses; the illustration of the functions of the pharmic fodder additive is allowed if it is added in.

  Article 20 Only after passing the check of the department of product quality supervision and administration or the competent department of agriculture administration under the State Council, or the check of the department of product quality supervision and administration or the fodder administration department under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, may an institution engaging in the inspection of quality of fodder or fodder a

dditive conduct the inspection work in relation to the inspection of product quality of fodder or fodder additive.

  Article 21 The competent department of agriculture administration under the State Council may, according to the national program worked out by the department of product quality supervision and administration under the State Council for the work in relation to the supervision and random check of product quality, conduct supervision and random check of the quality of fodder or fodder additive; however, repeated random check is prohibited.

  The fodder administration department under the people's government at or above the county level may, according to the program for the work in relation to the supervision and random check of the quality of fodder and fodder additive, organize the supervision and random check on fodder or fodder additive, and make the result of random check public in conjunction with the department of product quality supervision and administration at the same level.

  Chapter 4 Penalty Provisions

  Article 22 Any enterprise, unit or individual, in violation of these Regulations, manufacturing fodder additive or additive-preblended fodder without obtaining a manufacturing license shall be ordered by the fodder administration department under the people's government at or above the county level to suspend the manufacture, have the illegally manufactured products and illegal gains confiscated, and shall also be fined not less one time nor more than five times the illegal gains; the enterprise, unit or individual having obtained a manufacture license but having not obtained approval number of product shall be ordered to suspend the manufacture and to obtain the approval number of product again within a specified time limit.

  Article 23 Any enterprise, unit or individual, in violation of these Regulations, operating fodder or fodder additive with no certificates of product quality and product label shall be ordered by the fodder administration department under the people's government at or above the county level to suspend the operation, have the illegally operated products and the illegal gains confiscated, and may also be fined not more than one time the illegal gains.

  Article 24 Where the package of fodder or fodder additive does not conform to the provisions of Article 13 of these Regulations, or the label attached does not conform to the provisions of Article 14 of these Regulations, the fodder administration department under the people's government at or above the county level shall order to make amends within a specified time limit; where no amends are made by the expiration of the time limit, the sale shall be order to suspend, and a fine of not more than one time the illegal gains may be imposed.

  Article 25 Any enterprise, unit or individual not having the qualifications as stipulated in Article 15 of these Regulations but operating fodder or fodder additive shall be ordered by the fodder administration department under the people's government at or above the county level to make amends within a specified time limit; where no amends are made by the expiration of the time limit, the operation shall be ordered to suspend and illegal gains confiscated, and a fine of not less than one time nor more than three times the illegal gains may also be imposed.

  Article 26 Where any enterprise, unit or individual, in violation of these Regulations, manufactures and operates fodder or fodder additive which has already been suspended from use, banned from use, eliminated through selection and contest, or not been examined and made public, the fodder administration department under the people's government at or above the county level shall order it to suspend the manufacture and operation, confiscate the illegal manufactured and operated products and the illegal gains, and shall also impose a fine of not less than one time nor more than f

ive times the illegal gains.

  Article 27 Where any enterprise, unit or individual, in violation of these Regulations, commits any one of the following acts, the fodder administration department under the people's government at or above the county level shall order it to suspend the manufacture and operation, confiscate the illegally manufactured and operated products and illegal gains, and shall also impose a fine of not less than one time nor more than five times the illegal gains; where the circumstances are serious, its manufacture license shall also be revoked by the competent department of agriculture administration under the State Council; where a crime is constituted, criminal liability shall be investigated according to law:

  (1) faking fodder or fodder additive, or faking this category as another one during the process of manufacturing and operating;

  (2) the components and names of fodder or fodder additive manufactured and operated not conforming to those marked on the label;

  (3) the fodder or fodder additive manufactured and operated not measuring up;

  (4) the fodder or fodder additive operated ceasing to be effective, going mouldy or exceeding the preserved period.

  Article 28 Any enterprise, unit or individual operating imported fodder or fodder additive not registered with the competent department of agriculture administration under the State Council shall be ordered by the fodder administration department under the people's government at or above the county level to suspend the operation immediately, have the unsold products and the illegal gains confiscated, and shall also be fined not less than one time nor more than five times the illegal gains.

  Article 29 Where any enterprise, unit or individual imitates, counterfeits, or buys and sells manufacture license, approval number of product, or registration certificate of product of fodder additive and additive-preblended fodder, the competent department of agriculture administration under the State Council and the fodder administration department under the people's government of a province, an autonomous region or municipality directly under the Central Government shall, according to their respective functions and authorities, take over or revoke the department of agriculture administration under the State Council shall be ordered by the fodder administration department under the people's government at or above the county level, confiscate the illegal gains, and shall also impose a fine of not less than one time nor more than five times the illegal gains; where a crime is constituted, criminal liability shall be investigated according to law.

  Chapter 5 Supplementary Provisions

  Article 30 The meaning of the following terms in these Regulations are:

  (1) nutritious fodder additive refers to the small or minim amount of substances complementary to the nutrition components, including fodder aminophenol, vitamin, mineral minim elements, enzyme preparation and non-albumin nitrogen.

  (2) ordinary fodder additive refers to the small or minim amount of substances blended in fodder to warrant or improve the qualities and the utilization ratio of fodder.

  (3) pharmic fodder additive refers to the preblended substance of medicines for animals intermingled into the carriers or diluents to prevent and control the animals' illnesses, including medicines for anti-coccidiosis, helminthic medicines and bacteriostatic and growth-promoting medicines.

  Article 31 The administration of pharmic fodder additive shall be fulfilled according to the Regulations on Administration of Medici

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