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Order of the President of the People’s Republic of China
No. 45
The Animal Husbandry Law of the People’s Republic of China, adopted at the 19th Meeting of the Standing Committee of the Tenth
National People’s Congress of the People’s Republic of China on December 29, 2005, is hereby promulgated and shall go into effect
as of July 1, 2006.
Hu Jintao
President of the People’s Republic of China
December 29, 2005
(Adopted at the 19th Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2005)
Contents
Chapter I General Provisions
Chapter II Protection of Genetic Resources of Livestock and Poultry
Chapter III Selective Breeding of the Breeding Livestock and Poultry and Production and Operation in This Respect
Chapter VI Breeding of Livestock and Poultry
Chapter V Trading in and Transportation of Livestock and Poultry
Chapter VI Guarantee for Quality and Safety
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This law is enacted in order to standardize the production and operation in animal husbandry, to guarantee the quality
and safety of livestock and poultry products, to protect and make rational use of the genetic resources of livestock and poultry,
to safeguard the lawful rights and interests of the producers and operators in animal husbandry and to promote sustained and healthy
development of animal husbandry.
Article 2 This Law is applicable to protection and utilization of the genetic resources, breeding, raising, operation and transportation
of livestock and poultry within the territory of the People’s Republic of China.
For the purposes of this Law, livestock and poultry mean the livestock and poultry given in the catalogue of the genetic resources
of livestock and poultry published in accordance with the provisions of Article 11 of this Law.
The relevant provisions of this Law shall be applicable to protection and utilization of, as well as production and operation in,
bee and silkworm resources.
Article 3 The State supports the development of animal husbandry and gives play to its role in the development of agriculture and
the rural economy as well as in the increase of the farmers’ incomes. People’s governments at or above the county level shall
take measures to strengthen the construction of infrastructure for animal husbandry, to encourage and support large-scale raising
and breeding, to push forward the industrialized operation of animal husbandry, to increase all-round productivity of animal husbandry
and to develop quality, highly efficient, ecologically sound and safe animal husbandry.
The State assists and supports the development of animal husbandry in minority nationality areas and poverty-stricken areas, protect
and rationally utilize grasslands and improve the conditions of production in animal husbandry.
Article 4 The State takes measures to train professionals for animal veterinary, to promote scientific and technological research
in animal husbandry and veterinary medicine and the wide use of the research results, to disseminate scientific and technological
knowledge of animal husbandry and veterinary medicine and provide information concerning animal husbandry and veterinary medicine
and to promote scientific and technological progress in animal husbandry.
Article 5 Producers and operators in animal husbandry may, of their own free will, establish an association of the industry according
to law, in order to provide to their members services in the terms of information, technology, marketing, training, etc., improve
self-regulation of the industry and protect the interests of their members and the industry.
Article 6 Producers and operators in animal husbandry shall perform the duty of animal epidemic prevention and environmental protection
according to law and accept the supervision and inspection carried out by relevant departments in charge according to law.
Article 7 The administrative department for animal husbandry and veterinary medicine under the State Council shall be in charge
of supervision and administration over animal husbandry nationwide. The administrative departments for animal husbandry and veterinary
medicine under the local people’s governments at or above the county level shall be in charge of supervision and administration
over animal husbandry within their own administrative areas.
The relevant competent departments of the people’s governments at or above the county level shall, within the scope of their respective
duties, be responsible for promoting the development of animal husbandry.
Article 8 The administrative department for animal husbandry and veterinary medicine under the State Council shall give guidance
to producers and operators in animal husbandry to help them improve the conditions and environment for the breeding, raising and
transportation of livestock and poultry.
Chapter II Protection of
Genetic Resources of livestock and poultry
Article 9 The State establishes the system for protection of the genetic resources of livestock and poultry. People’s governments
at various levels shall take measures to strengthen protection of the genetic resources of livestock and poultry, and the funds for
protection of the genetic resources of livestock and poultry shall be incorporated in their respective financial budgets.
The State plays the major role in protection of the genetic resources of livestock and poultry, and encourages and supports the relevant
units and individuals to develop undertakings for protection of the genetic resources of livestock and poultry according to law.
Article 10 The administrative department for animal husbandry and veterinary medicine under the State Council shall set up a national
commission for genetic resources of livestock and poultry, to be composed of specialists, which shall be responsible for identification
and assessment of the genetic resources of livestock and poultry as well as for verification of new breeds and synthetic strains
of livestock and poultry, and shall provide demonstration of the plans for protecting and utilizing the genetic resources of livestock
and poultry and offer consultancy regarding protection of such resources.
Article 11 The administrative department for animal husbandry and veterinary medicine under the State Council shall be responsible
for organizing investigations of the genetic resources of livestock and poultry, releasing reports on the conditions of the genetic
resources of livestock and poultry of the country and publishing the catalogue of the genetic resources of livestock and poultry
approved by the State Council.
Article 12 The administrative department for animal husbandry and veterinary medicine under the State Council shall, on the basis
of the geological distribution of the genetic resources of livestock and poultry, make the national plan for protecting and utilizing
such resources, draw up and publish the directory of the genetic resources of livestock and poultry under protection at the national
level, and provide special protection for the genetic resources of precious, rare and endangered genetic resources of livestock and
poultry which are of Chinese origin.
The administrative departments for animal husbandry and veterinary medicine under the people’s governments at the provincial level
shall, based on the national plan for protecting and utilizing the genetic resources of livestock and poultry and the conditions
of the genetic resources of livestock and poultry within their administrative areas, draw up and publish the directory of the genetic
resources of livestock and poultry under protection at the provincial level, and submit them for the record to the administrative
department for animal husbandry and veterinary medicine under the State Council.
Article 13 The administrative department for animal husbandry and veterinary medicine under the State Council, in accordance with
the national plan for protecting and utilizing the genetic resources of livestock and poultry and the directory of the genetic resources
of livestock and poultry under protection at the national level, and the administrative departments for animal husbandry and veterinary
medicine under the people’s governments at the provincial level, in accordance with the directory of the genetic resources of livestock
and poultry under protection at the provincial level, shall respectively set up or determine the breeds reservation farms, protection
zones and gene banks of the genetic resources of livestock and poultry, which shall assume the task of protecting the genetic resources
of livestock and poultry.
No breeds reservation farms, protection zones or gene banks of the genetic resources of livestock and poultry sponsored by the Central
Government or provincial governments shall dispose of the protected genetic resources of livestock and poultry without approval by
the administrative department for animal husbandry and veterinary medicine under the State Council or by such a department under
the people’s government at the provincial level.
Gene banks of the genetic resources of livestock and poultry shall, in accordance with the regulations of the administrative department
for animal husbandry and veterinary medicine under the State Council or of such a department under the people’s government at the
provincial level, regularly collect and update their genetic data on livestock and poultry. The units and individuals concerned shall
cooperate with the gene banks of the genetic resources of livestock and poultry in collecting genetic data on livestock and poultry,
and shall have the right to receive appropriate financial compensation.
The measures for administration of the breeds reservation farms, protection zones and gene banks of the genetic resources of livestock
and poultry shall be formulated by the administrative department for animal husbandry and veterinary medicine under the State Council.
Article 14 Before sending newly discovered genetic resources of livestock and poultry for identification by the national commission
for genetic resources of livestock and poultry, the administrative department for animal husbandry and veterinary medicine under
the people’s government at the provincial level shall draw up a protection plan, take provisional protective measures, and submit
the matter for the record to the administrative department for animal husbandry and veterinary medicine under the State Council.
Article 15 Where genetic resources of livestock and poultry are to be introduced from abroad, an application shall be submitted
to the administrative department for animal husbandry and veterinary medicine under the people’s government at the provincial level;
and after examination, the administrative department for animal husbandry and veterinary medicine that accepts the application shall
submit the application to the administrative department for animal husbandry and veterinary medicine under the State Council for
approval after assessment and demonstration. Upon approval, the relevant formalities shall be gone through and quarantine inspection
shall be conducted in accordance with the provisions of the Law of the People’s Republic of China on the Entry and Exit Animal
and Plant Quarantine.
Where it is discovered that the genetic resources of livestock and poultry introduced from abroad are harmful, or may become harmful,
to the genetic resources of livestock and poultry and the ecological environment at home, the administrative department for animal
husbandry and veterinary medicine under the State Council shall, after consultation with the relevant departments in charge, take
the necessary safety and control measures.
Article 16 Where an entity intends to export the genetic resources of livestock and poultry included in the directory for protection
or conduct research in the utilization of the above in cooperation with a foreign institution or individual in China, it shall submit
an application, together with a plan for the benefits to be jointly shared by the countries concerned, to the administrative department
for animal husbandry and veterinary medicine under the people’s government at the provincial level; and after examination, the
administrative department for animal husbandry and veterinary medicine that accepts the application shall submit the application
to the administrative department for animal husbandry and veterinary medicine under the State Council for approval.
Where genetic resources of livestock and poultry are to be exported abroad, the relevant formalities shall be gone through and quarantine
inspection shall be conducted in accordance with the provisions of the Law of the People’s Republic of China on the Entry and Exit
Animal and Plant Quarantine as well.
Before newly discovered genetic resources of livestock and poultry are identified by the national commission for genetic resources
of livestock and poultry, they shall not be exported abroad, and no research in their utilization shall be conducted in cooperation
with any institution or individual from abroad.
Article 17 The measures for examination and approval in respect of the entry and exit of genetic resources of livestock and poultry
and in respect of research in their utilization in cooperation with foreign entities shall be formulated by the State Council.
Chapter III Selective Breeding of the Breeding Livestock and
Poultry and Production and Operation in This Respect
Article 18 The State gives aid to the selective breeding of different strains of livestock and poultry and to the wide use of improved
strains, supports enterprises, colleges and universities, scientific research institutions and technological popularization units
in their effort to carry out joint breeding and set up a system for the breeding of improved strains of livestock and poultry.
Article 19 Prior to their wide use, the new strains of livestock and poultry, their synthetic strains and the newly discovered
genetic resources of livestock and poultry shall undergo verification or identification by the national commission for genetic resources
of livestock and poultry, and the administrative department for animal husbandry and veterinary medicine under the State Council
shall announce the results thereof. The measures for verification of the new strains of livestock and poultry and their synthetic
strains and the measures for identification of the genetic resources of livestock and poultry shall be formulated by the administrative
department for animal husbandry and veterinary medicine under the State Council. The expenses for testing and checking required for
verification or identification shall be borne by the applicants, and the measures for collecting such expenses shall be formulated
by the finance and pricing departments under the State Council in conjunction with the administrative department for animal husbandry
and veterinary medicine under the State Council.
Intermediate testing conducted in respect of the new strains of livestock and poultry and their synthetic strains shall be subject
to approval by the administrative department for animal husbandry and veterinary medicine under the people’s government at the
provincial level where such testings are conducted.
The legitimate rights and interests of the breeders of new strains of livestock and poultry and their synthetic strains shall be
protected by law.
Article 20 The breeding, testing, verification and wide use of the transgenic strains of livestock and poultry shall be in conformity
with the regulations of the State on control of agricultural transgenic organisms.
Article 21 The institutions for dissemination of animal husbandry and veterinary technologies at or above the provincial level
may organize to conduct registration of individual fine strains of the breeding livestock, and recommend fine strains of the breeding
livestock to the community. The rules for the registration of the fine strains of breeding livestock shall be formulated by the administrative
department for animal husbandry and veterinary medicine under the State Council.
Article 22 Units or individuals that intend to engage in production and operation in the breeding or in the commercial production
of young livestock and poultry shall obtain the license for production and operation of breeding livestock and poultry. Applicants
shall, according to law, register with the administrative department for industry and commerce on the strength of the license for
production and operation in the breeding livestock and poultry, and they may engage in activities in this area only after obtaining
the business license.
To obtain the license for production and operation in the breeding livestock and poultry, the applicant shall meet the following
conditions:
(1) The breeding livestock and poultry for production and operation must be the breeds and the synthetic strains that have gone through
the verification or identification by the national commission for genetic resources of livestock and poultry, or the breeds and synthetic
strains introduced from abroad upon approval;
(2) They have animal husbandry and veterinary technicians commensurate with the scale of production and operation;
(3) They have the breeding facilities and equipment commensurate with the scale of the production and operation;
(4) They have the conditions for prevention of epidemic diseases among the breeding livestock and poultry, as required by laws and
administrative regulations as well as by the administrative department for animal husbandry and veterinary medicine under the State
Council;
(5) They have the sound systems for quality control and for recording the breeding of strains; and
(6) They have the other conditions as provided for by laws and administrative regulations.
Article 23 To apply for the license for production and operation of such genetic material as the ova, frozen sperms and embryos
of livestock, the applicant shall, in addition to conforming to the conditions provided for in the second paragraph of Article 22
of this Law, meet the following conditions:
(1) the conditions for laboratories and for safekeeping and transportation, as specifies by the administrative department for animal
husbandry and veterinary medicine under the State Council;
(2) the requirements for the quantity and quality of the breeding livestock, as specified by the administrative department for animal
husbandry and veterinary medicine under the State Council;
(3) the embryos obtained from adoscuolation and the ova to be used come from unequivocal sources, and the donors conform to the standards
and requirements, as specified by the State with regard to the health and quality of the breeding livestock; and
(4) other technical requirements specified by the administrative department for animal husbandry and veterinary medicine under the
State Council.
Article 24 For obtaining the license for production and operation of such genetic material as the ova, frozen sperms and embryos
of livestock, an application shall be submitted to the administrative department for animal husbandry and veterinary medicine under
the people’s government at the provincial level. The said department that accepts the application shall, within 30 working days
from the date it receives the application, complete the examination of the application and shall submit it to the administrative
department for animal husbandry and veterinary medicine under the State Council for examination and approval; and the said department
under the State Council shall, within 60 working days from the date it receives the application, make a decision, in accordance with
law, on whether to issue such a license.
The license for production and operation of other breeding livestock and poultry shall be issued after examination by the administrative
department for animal husbandry and veterinary medicine under the local people’s government at or above the county level. The specific
measures for examination and issuance of such license shall be formulated by a people’s government at the provincial level.
The form of the license for production and operation of breeding livestock and poultry shall be worked out by the administrative
department for animal husbandry and veterinary medicine under the State Council, and it shall be valid for a period of three years.
The cost of such license issued may be collected. The specific administrative measures for collection of the cost shall be formulated
by the finance and pricing departments under the State Council.
Article 25 In the license for production and operation of the breeding livestock and poultry shall clearly be stated such matters
as the name or post_title of the producer or operator, the address of the farm (factory), the scope of production or operation and the
beginning and ending dates of the valid term of the license.
No unit or individual shall engage in production or operation of the breeding livestock and poultry without the license for the production
and operation of breeding livestock and poultry or in violation of the provisions of the license for production and operation of
the breeding livestock and poultry. Forging, altering, transferring and leasing of the license for production and operation of the
breeding livestock and poultry are prohibited.
Article 26 There is no need for a rural household to obtain a license for production and operation of the breeding livestock and
poultry, if its breeding livestock and poultry are bred and raised for its own use or it has a small number of surplus young livestock
and poultry for sale, or if rural households raise sires to help each other in breeding.
Article 27 Persons specially engaged in the breeding of livestock, such as artificial insemination and embryo transplantation,
shall obtain the necessary professional qualification certificate of the State.
Article 28 To launch an advertisement for the breeding livestock and poultry, an advertiser shall provide the license for production
and operation of the breeding livestock and poultry and the business license. The contents of such advertisement shall be in conformity
with the provisions of relevant laws and administrative regulations, and the name or post_title of the verifier or identifier for the
breeds of the breeding livestock and poultry and the synthetic strains shall clearly be stated; and the descriptions of their main
characters shall be in conformity with the standards for such breeds and synthetic strains.
Article 29 The breeding livestock and poultry for sale and the sires used by artificial insemination stations for livestock must
meet the standards for breeding. The breeding livestock and poultry for sale shall have attached to them the qualification certificate
of the breeding livestock and poultry issued by the breeding livestock and poultry farms, the quarantine certificate issued by the
supervisory institution for animal epidemic prevention, and the breeding livestock for sale shall, in addition, have attached to
them the pedigree issued by the breeding livestock and poultry farms.
Complete records shall be kept for the collection, sale, transplantation, etc. of such genetic material produced as the ova, frozen
sperms and embryos of the livestock, and the records shall be kept for two years.
Article 30 No entity shall commit one of the following acts in selling the breeding livestock and poultry:
(1) to pass the breeds and synthetic strains of other livestock and poultry off as the breeds and synthetic strains of the breeding
livestock and poultry displayed for sale;
(2) to pass the breeding livestock and poultry of an inferior generation off as the ones of a superior generation;
(3) to pass the livestock and poultry that do not meet the breeding standards off as the breeding livestock and poultry;
(4) to sell the breeding livestock and poultry imported without approval;
(5) to sell the breeding livestock and poultry with no qualification certificate or quarantine certificate of the breeding livestock
and poultry attached to them, or to sell the breeding livestock with no pedigree attached to them, as provided for by Article 29
of this Law; or
(6) to sell the breeds and synthetic strains of the breeding livestock and poultry that are not verified or identified.
Article 31 To apply for import of the breeding livestock and poultry, the applicant shall have the license for production and operation
of the breeding livestock and poultry. The valid term of the approval document for import of the breeding livestock and poultry shall
be six months.
The imported breeding livestock and poultry shall meet the technical requirements prescribed by the administrative department for
animal husbandry and veterinary medicine under the State Council. With respect to the breeding livestock and poultry imported for
the first time, their breeding characters shall be subject to assessment by the national commission for genetic resources of livestock
and poultry.
In addition to the provisions of the preceding two paragraphs, the relevant provisions of Articles 15 and 16 of this Law shall be
applicable to control of the import and export of the breeding livestock and poultry.
The State encourages the breeders of livestock and poultry to make selective breeding of new breeds and the synthetic strains of
the imported livestock and poultry; and before such new breeds and synthetic strains for selective breeding are used on a broad scale,
they shall be subject to verification by the national commission for genetic resources of livestock and poultry.
Article 32 Where farms and hatcheries of the breeding livestock and poultry sell young livestock and poultry as commercial products,
they shall provide the buyers with the main points in relation to the young livestock and poultry they are selling as commercial
products, such as the norms of their productive properties, their immunity to diseases, and the technical requirements for their
breeding, as well as with the relevant consultancy services, and shall attach to them the quarantine certificates issued by the supervisory
institution for animal epidemic prevention.
Where losses are caused to the breeders of livestock and poultry due to the quality of the breeding livestock and poultry sold or
the quality of the young livestock and poultry sold as commercial products, compensation for such losses shall be made according
to law.
Article 33 The administrative department for animal husbandry and veterinary medicine under the people’s government at or above
the county level shall be in charge of supervision and control over the quality and safety of the breeding livestock and poultry.
Statutorily qualified institutions for examination of the quality of the breeding livestock and poultry shall be entrusted with the
supervision over and examination of the quality and safety of the breeding livestock and poultry; and the expenses required for such
examination shall be defrayed in accordance with the regulations of the State Council, and shall not be collected from the persons
for whom such examination has been conducted.
Article 34 The relevant provisions of this Law shall be applicable to protection of silkworm egg resources, the selective breeding
of new strains, their production and operation, as well as their wide use. The specific administrative measures in this respect shall
be formulated by the administrative department for agriculture under the State Council.
Chapter VI Breeding of Livestock and Poultry
Article 35 The administrative department for animal husbandry and veterinary medicine under the people’s government at or above
the county level shall, in accordance with the development plan for animal husbandry and in compliance with market demands, give
guidance to and support the restructuring of animal husbandry, promote the production of livestock and poultry and enhance the market
competition of livestock and poultry products.
The State assists capital construction projects in pastoral areas of grasslands, such as erecting fences, building water conservancy
projects, improving the grassland and building bases of forage grass and feeds, in order to optimize the composition of livestock
herds, improve the strains, transform the mode of production, promote the rearing of livestock in pens or sties, and rotated grazing
in demarcated areas, gradually bring about a balance between pastures and livestock and improve the ecological environment of grasslands.
Article 36 The State Council and the people’s governments at the provincial level shall arrange such funds in their respective
financial budgets as the subsidies for fine strains and discount subsidies to assist the development of animal husbandry, and encourage
the relevant financial institutions to support, by providing loans, insurance services and other means, the breeders of livestock
and poultry to buy fine livestock and poultry, to breed fine strains, to improve production facilities, to expand the scale of breeding,
in order to increase the benefits derived from breeding.
Article 37 The State supports rural collective economic organizations, the farmers and the cooperative economic organizations for
animal husbandry in setting up livestock and poultry breeding farms and small-scale breeding villages and developing large-scale
and standardized breeding. In the overall plans of townships (towns) for land use, arrangements shall, in the light of the local
conditions, be made for land to be used for the breeding of livestock and poultry. The land used by rural collective economic organizations,
farmers, and cooperative economic organizations for animal husbandry to set up livestock and poultry breeding farms or small-scale
breeding villages in accordance with the overall plans of townships (towns) for land use shall be administered as land for agriculture.
Where at the expiration of the period of time for the right to land use, the land used for livestock and poultry breeding farms and
small-scale breeding villages is required to be restored to the original purposes of use, the user with such right shall be responsible
for such restoration. Where for construction of permanent buildings (structures) within the scope of the land used for livestock
and poultry breeding farms or small-scale breeding villages, land for agriculture needs to be converted to other purposes of use,
the matter shall be handled in accordance with the provisions of the Land Administration Law of the People’s Republic of China.
Article 38 The institu
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