Laws of the People's Republic of China

Standing Committee of the National People's Congress

Order of the President

No. 45

The Stock-breeding Law of the People's Republic of China, which 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, is hereby promulgated and shall go into effect as of July 1, 2006.

President Hu Jintao

December 29, 2005

Stock-breeding Law of the People's Republic of China ContentsChapter I General Provisions

Chapter II Protection of Livestock and Poultry Genetic Resources

Chapter III Variety Breeding and Business Operation of Breeding Livestock and Poultry

Chapter IV Raising of Livestock and Poultry

Chapter V Trading and Transportation of Livestock and Poultry

Chapter VI Quality and Safety Guarantee

Chapter VII Legal Liabilities

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1

With a view to 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, this Law is formulated.

Article 2

This Law shall be applicable to the protection and utilization of livestock and poultry genetic resources, and breeding, raising, business operations and transportation of livestock and poultry within the People's Republic of China.

The livestock and poultry" as mentioned in this Law shall refer to those included in the list of genetic resources of livestock and poultry that shall be announced according to 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 should support the development of livestock and give full play to the role of the stockbreeding 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 reinforce 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 should help and support the development of the stockbreeding industry in the areas inhabited by minority nationalities and the poverty-stricken areas, protect and reasonably utilize the pastures and improve the production conditions for stockbreeding.

Article 4

The state should 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 technical knowledge of stockbreeding and veterinary as well as the stockbreeding and veterinary information service, 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 information, technology, marketing and training services for the members, to intensify the industrial self-discipline and to protect the interests of the members and the industry.

Article 6

The producers and business operators of stockbreeding shall fulfill the obligations of animal epidemic prevention and environmental protection, and shall accept the supervision and inspection conducted by the relevant competent authorities according to law.

Article 7

The stockbreeding and veterinary administrative department of the State Council is responsible for the supervision and administration of stockbreeding throughout the country. The stockbreeding and veterinary administrative departments of the people's governments at or above the county level are responsible for the of supervision and administration stockbreeding within their respective administrative areas.

The relevant competent departments of the people's governments at or above the county level are responsible for promoting the development of stockbreeding within their respective responsibilities.

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, raising, and transportation of livestock and poultry.

Chapter II Protection of Livestock and Poultry Genetic Resources

Article 9

The state shall establish a system for the protection of livestock and poultry genetic resources. The people's governments at all levels shall take measures to intensify the protection of the livestock and poultry genetic resources, and the relevant expenses shall be included in the fiscal budget.

The state shall play a predominant role in the protection of the genetic resources of livestock and poultry while the pertinent entities and individuals shall be encouraged and supported to develop the cause of protecting the livestock and poultry genetic resources pursuant to the 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 consisting of professionals, which shall be responsible for the appraisal and evaluation of livestock and poultry genetic resources as well as the accreditation of new breeds 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 relating to 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 survey of livestock and poultry genetic resources, releasing national reports on 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, in light of the distribution of the livestock and poultry genetic resources, formulate the national plan on the protection and utilization 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 genetic resources of livestock and poultry native to China.

The stockbreeding and veterinary administrative departments of the people's governments at the provincial level 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, formulate and publish the provincial protection list of the livestock and poultry genetic resources, and report it to the stockbreeding and veterinary administrative department of the State Council for the record.

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 national protection list of livestock and poultry genetic resources, the people's governments at the provincial level shall, according to the provincial protection list of livestock and poultry genetic resources, respectively establish or determine breeding protection places, reserves and gene databases of livestock and poultry genetic resources, and shall undertake the task of protection of the livestock and poultry genetic resources.

No breeding protection place, reserves 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 without approval of the stockbreeding and veterinary administrative department of the State Council or the stockbreeding or veterinary administrative department of the people's government at the provincial level.

A gene database of livestock and poultry genetic resources shall regularly gather and update the livestock and poultry genetic materials according to the provisions set forth by the stockbreeding and veterinary administrative department of the State Council or the stockbreeding and veterinary administrative department of the provincial people' s government. The relevant entities and individuals shall cooperate with gene databases of livestock and poultry genetic resources in gathering livestock and poultry genetic materials and may be entitled to obtain reasonable economic compensation.

The measures for the administration of breeding protection places, reserves and gene databases shall be formulated by the stockbreeding and veterinary administrative department of the State Council.

Article 14

Before a newly-discovered 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 set down a protection plan, take temporary protection measures and report it to the stockbreeding and veterinary administrative department of the State Council for the record.

Article 15

An application shall be filed with the stockbreeding and veterinary administrative department of the provincial people's government for the introduction of a livestock or poultry genetic resource from abroad. The stockbreeding and veterinary administrative department that accepts the application shall, upon examination, report it to the stockbreeding and veterinary administrative department of the State Council for evaluation, argumentation and approval. If the application is approved, the relevant formalities shall be gone through and the livestock and poultry genetic resource shall be quarantined in accordance with the Law of the People's Republic of China on the Inspection and Quarantine of Entry and Exit Animals and Plants.

Where a livestock or poultry genetic resource introduced from abroad is found harmful to or is likely to be harmful to the livestock or poultry resources or to the ecological environment in China, the stockbreeding and veterinary administrative department of the State Council shall, in consultation with the relevant competent organs, take corresponding safety control measures.

Article 16

Where any livestock or poultry genetic resource included in the protection list is to be exported from China or is to be researched and utilized in China in cooperation with a foreign institution or an individual, the applicant shall file an application with the stockbreeding and veterinary administrative department of the provincial people's government and put forward a plan on benefit sharing with the state. The stockbreeding and veterinary administrative department that accepts the application shall, upon examination, report them to the stockbreeding and veterinary administrative department of the State Council for approval.

Where any livestock or poultry genetic resource is to be exported from China, the relevant formalities shall be gone through and the livestock or poultry genetic resource shall be quarantined according to the Law of the People's Republic of China on the Inspection and Quarantine of Entry and Exit Animals and Plants.

A newly discovered livestock or poultry genetic resource may neither be exported from China nor be researched and utilized within China in cooperation with any foreign institution or individual before it is appraised by the National Commission for Livestock and Poultry Genetic Resources.

Article 17

The measures for the examination and approval of the entry and exit of livestock and poultry genetic resources as well as the foreign-related cooperative research and utilization shall be formulated by the State Council.

Chapter III Variety Breeding and Business Operation of Breeding Livestock and Poultry

Article 18

The state gives support to the selection of species of livestock and poultry as well as the popularization and use of fine breeds and shall support enterprises, colleges and universities, scientific and research institutions and technology popularization entities to carry out joint breeding and to establish a system for breeding improved variety of livestock and poultry

Article 19

Before a newly bred variety of livestock or poultry, genetic improvement system, or newly discovered livestock or poultry genetic resource is popularized, it shall be subject to examination and approval or appraisal conducted by the National Commission for Livestock and Poultry Genetic Resources, and it shall be announced by the stockbreeding and veterinary administrative department of the State Council. The measures for the examination and approval of newly bred varieties, the genetic improvement system of livestock and poultry, and the measures for the appraisal of livestock and poultry genetic resources shall be formulated by the stockbreeding and veterinary administrative department of the State Council. The fees for the experiment or testing necessary for examination and approval or appraisal shall be borne by the applicant. The relevant fee collection measures shall be formulated by the public finance and price departments of the State Council in conjunction with the stockbreeding and veterinary administrative department of the State Council.

The pilot experiments for breeding a new variety or genetic improvement system of livestock or poultry shall be subject to the approval of the stockbreeding and veterinary administrative department of the people's government at the provincial level where the experiment is carried out.

The legitimate rights and interests of the breeders of new varieties and genetic improvement system of livestock and poultry shall be protected by the law.

Article 20

The breeding, experiment, accreditation and popularization of genetically modified livestock and poultry varieties shall comply with the provisions of the state on the administration of agricultural genetically modified organisms.

Article 21

A stockbreeding and veterinary technology popularization organization at or above the provincial level may register the fine breeding livestock and recommend fine breeding livestock to the general public. The rules on the registration of fine breeding livestock shall be formulated by the stockbreeding and veterinary administrative department of the State Council.

Article 22

Any entity or individual that engages in the production and business operation of breeding livestock and poultry or in the production of young commercial livestock and poultry shall obtain a license for the production and business operation of breeding livestock and poultry. An applicant shall go through the formalities of industrial and commercial registration upon the strength of the license for the production and business operation of breeding livestock and poultry, and may not engage in the relevant production and business operation activities unless it obtains a business license.

To apply for a license for the production and business operation of breeding livestock and poultry, an applicant shall satisfy the following conditions:

(1)

The breeding livestock and poultry for production and business operation shall fall within the varieties or genetic improvement system as accredited or appraised by the National Commission for Livestock and Poultry Genetic Resources, or the varieties or genetic improvement system introduced from abroad upon approval;

(2)

Having the stockbreeding and veterinary technicians commensurate with the needs of production and business operation;

(3)

Having the breeding facilities and equipment commensurate with the needs of production and business operation;

(4)

Satisfying the livestock and poultry disease prevention conditions as prescribed by laws, administrative regulations, as well as the provisions of the stockbreeding and veterinary administrative department of the State Council;

(5)

Having sound quality management and breeding record system; and

(6)

Other conditions as prescribed by laws and administrative regulations.

Article 23

To apply for a license for the production and business operation of ova, frozen sperms, embryos and other genetic materials, an applicant shall not only meet the conditions as prescribed in Paragraph 2 of Article 22 of this Law, but also satisfy the following requirements:

(1)

Satisfying the requirements on laboratory, preservation and transport as provided for by the stockbreeding and veterinary administrative department of the State Council;

(2)

Satisfying the number and quality requirements as provided for by the stockbreeding and veterinary administrative department of the State Council;

(3)

The sources of the embryos produced by in vitro fertilization as well as the available ova are clear, and the donor livestock comply with the national health standards and quality requirements for the breeding livestock;

(4)

Satisfying other technical requirements as provided for by the stockbreeding and veterinary administrative department of the State Council.

Article 24

To applying for a license for the production and business operations of ova, frozen sperms, embryos and other genetic materials of livestock, an applicant shall file an application with the stockbreeding and veterinary administrative department of the people's government at the provincial level. The stockbreeding and veterinary administrative department that accepts the application shall, within 30 working days after it receives the application, complete the examination and shall report it to the stockbreeding and veterinary administrative department of the State Council for examination and approval. The stockbreeding and veterinary administrative department of the State Council shall, in accordance with the law, decide whether or not to issue a license for the production and business operation to the applicant within 60 working days after it receives the application.

The license for the production and business operation of other breeding livestock and poultry shall be issued by the stockbreeding and veterinary administrative departments of the people's governments at or above the county level upon examination and approval. The specific examination, approval and issuance measures shall be formulated by the provincial people's governments.

The specimen of the license for the production and business operation of breeding livestock and poultry shall be formulated by the stockbreeding and veterinary administrative department of the State Council. The period of validity of the license shall be 3 years. A charge for the cost of the license may be charged for the issuance of the license. The concrete charging measures shall be formulated by the public finance or price department of the State Council.

Article 25

The license for the production and business operation of breeding livestock and poultry shall indicate the name of the producer or business operator, farm (factory) site, production and business scope as well as the beginning date and ending date of the valid period of the license.

Any entity or individual is prohibited from engaging in the production or business operation of breeding livestock or poultry without a license for the production and business operation of breeding livestock and poultry or in violation of the license for the production and business operation of breeding livestock and poultry. It is forbidden to forge, alter, transfer or lease the license for the production and business operation of breeding livestock and poultry.

Article 26

Where a farmer raises breeding livestock or poultry by himself and has a small number of young livestock or poultry for sale, or raises male breeding livestock and carries out the mating on a mutual help basis, the license for the production and business operation of breeding livestock and poultry is not required.

Article 27

Anyone who specially engages in such livestock breeding jobs as the external insemination and embryonic implantation shall obtain the corresponding professional qualification certificate.

Article 28

To release any livestock or poultry advertisement, the advertiser shall provide the business license as well as the license for the production and business operation of breeding livestock and poultry. The content of the advertisement shall comply with the provisions of the relevant laws and administrative regulations and shall indicate the approved or appraised name of the variety or genetic improvement system of the livestock or poultry. The description of the main characters in the advertisement shall conform to the standards on such varieties or genetic improvement system.

Article 29

The breeding livestock and poultry for sale, and the available male breeding livestock of the breeding station (places) shall comply with the standards on the breeds. When any breeding livestock or poultry are sold, they shall be accompanied by the inspection certificate issued by the breeding livestock or poultry farm and a quarantine certificate issued by the animal quarantine and supervisory institution. Moreover, any breeding livestock for sale shall be accompanied by the domestic animal pedigree presented by the breeding livestock or poultry farm.

A producer of ova, frozen sperms, embryos and other genetic materials of livestock shall have complete records of gathering, sale and implantation, and shall preserve these records for two years.

Article 30

No seller of livestock and poultry may sell:

(1)

any variety or genetic improvement system of the livestock or poultry as other variety or genetic improvement system of livestock or poultry;

(2)

any breeding livestock or poultry of inferior generation as the superior one;

(3)

any livestock or poultry that don't satisfy the standards on the breeding livestock or poultry as breeding livestock or poultry;

(4)

any breeding livestock or poultry introduced without approval;

(5)

any livestock and poultry not accompanied by a conformity certificate and quarantine certificate as required by Article 29 of this Law or any livestock not accompanied by the domestic animal pedigree; or

(6)

any variety of livestock or poultry, or genetic improvement system that has not been approved or appraised.

Article 31

An applicant shall have the license for the production and business operation of breeding livestock and poultry when applying for the import of breeding livestock or poultry. The approval documents concerning the import of breeding livestock and poultry shall be valid for 6 months.

The imported breeding livestock and poultry shall conform to the technical requirements of the stockbreeding and veterinary administrative department of the State Council. Moreover, the initially imported breeding livestock or poultry shall be assessed by the National Commission for Livestock and Poultry Genetic Resources in terms of breeding performance.

Apart from the two preceding paragraphs, the relevant provisions of Articles 15 and 16 shall be applicable to the administration of the import and export of breeding livestock and poultry as well.

The state encourages the livestock and poultry breeders to conduct selective breeding of new varieties and genetic improvement system for the imported livestock and poultry. Any newly bred species or genetic improvement system shall be subject to the examination and approval of the National Commission for Livestock and Poultry Genetic Resources before it is popularized.

Article 32

Where a breeding livestock or poultry farm or incubation farm (factory) sells young commercial livestock and poultry, it shall provide the buyers with the main productivity indicators, disease immunity information, breeding technical requirements and relevant consultation services, as well as a quarantine certificate issued by the animal disease prevention and supervisory institution.

If a seller of breeding livestock, breeding poultry, young commercial livestock or young commercial poultry causes any loss to a breeder of livestock or poultry due to the reason of quality, he shall compensate for such loss according to law.

Article 33

The stockbreeding and veterinary administrative departments of the people's governments at or above the county level shall be responsible for the supervision and administration over the quality and safety of breeding livestock and poultry. The breeding livestock and poultry quality inspection institutions with statutory qualifications shall be entrusted to conduct the supervision and inspection of the quality and safety of breeding livestock and poultry; and the necessary inspection cost shall be listed as an expenditure according to the provisions of the State Council, which shall not be paid by the inspected parties.

Article 34

The relevant provisions of this Law shall apply to the resource protection, selective breeding of new varieties, production, business operation and popularization of breeding silkworms, and the specific administrative measures shall be formulated by the agriculture administrative department of the State Council.

Chapter IV Raising of Livestock and Poultry

Article 35

A stockbreeding and veterinary administrative department of the people's government at or above the county level shall, according to the stockbreeding development plan and market demand, guide and support the structural adjustment of stockbreeding, develop the livestock and poultry production with advantages and enhance the market competitiveness of livestock and poultry products.

The state shall support the grassland pasturing areas to carry out such basic construction as pasture fencing, water conservancy, pasture improvement, and forage and feed bases, improve the composition of livestock herds, improve the species of livestock, change the mode of production, develop penned animal feeding and rotational grazing, gradually realize the balance between the livestock and forage and improve the ecological environment of the pastures.

Article 36

The State Council and the people's governments at the provincial level shall, within their respective financial budget, arrange the subsidies for fine breeds, interest discount subsidies and other fund supporting the stockbreeding development, and the relevant financial institutions are encouraged to support the livestock and poultry breeders by way of providing loans, insurance services, etc. to buy fine breeds of livestock and poultry, breed fine breeds, improve the production facilities, expand the breeding scale and promote breeding benefits.

Article 37

The state shall support the rural collective economic organizations, farmers and stockbreeding cooperative economic organizations to set up livestock and poultry farms or areas, develop scale and standardized breeding. The overall plan of a town (township) on land utilization shall arrange for the land available for livestock and poultry breeding in light of the local conditions. The livestock and poultry farms and areas established by the rural collective economic organizations and farmer according to the overall plan of a town (township) on land utilization shall be managed as agricultural land. Where the land use period of a livestock or poultry farm or raising area expires, if it is necessary to restore the original purpose of the land, the holder of the right to use the land of the livestock or poultry farm or raising area shall be responsible for restoring the its original use. Where it is necessary to establish any permanent building (fixture) which involves the change of the purpose of the agricultural land, the relevant provisions of the Land Administrative Law of the People's Republic China shall apply.

Article 38

The stockbreeding and veterinary technology popularization institutions established by the state shall provide farmers with such services as livestock and poultry breeding technology training, promotion of fine breeds, disease prevention and control, and etc. The people's government at or above the county level shall ensure the fund for the stockbreeding and veterinary technology popularization institutions established by the state to engage in the technical services of the public good

The state encourages the livestock and poultry processing enterprises and other relevant producers and business operators to offer the livestock and poultry breeding services that farmers need.

Article 39

A livestock and poultry farm or raising area shall satisfy the following requirements:

(1)

Having a production site and production facilities commensurate with the needs of the raising scale;

(2)

Having stockbreeding and veterinary technicians who provide services for it;

(3)

Meeting the requirements of epidemic prevention as prescribed by the laws, administrative regulations, as well as the provisions of the stockbreeding and veterinary administrative department of the State Council;

(4)

Having facilities such as firedamp pool for the comprehensive utilization of the livestock or poultry dung, waste water and other solid wastes, or other innocuous disposal facilities;

(5)

Other requirement as prescribed by laws and administrative regulations.

The owner of the aforesaid farm or raising community shall report the name and address of the farm or raising community, breeds of the livestock or poultry as well as the raising scale to the stockbreeding and veterinary administrative department of the people's government at the county level at its locality for the record so as to obtain the code of livestock or poultry mark.

The people's governments at the provincial level shall, according to the development of stockbreeding within their respective administrative areas, formulate standards on the scale of livestock and poultry farms or raising areas as well as the procedures of keeping records.

Article 40

No livestock or poultry farm or raising areas may be built in any of the following areas:

(1)

Water source protection areas of drinking water, historic sites and scenic spots, as well as the core areas and buffer areas of natural reserves;

(2)

Urban residential areas, cultural, educational and scientific research areas, and other population intensive areas; or

(3)

Other areas banned by laws or regulations.

Article 41

A livestock and poultry farm shall establish stock raising archives, which shall state:

(1)

the variety, number, reproduction records, mark information, source, and dates of entering and exiting the farm;

(2)

the source, name, object, time, quantity of such inputs as the feed, feed additives, animal drugs, etc.;

(3)

information on quarantine, disease immunity and sanitization;

(4)

information on the attack of diseases, death and innocuous disposal of the livestock or poultry after the attach of the diseases;

(5)

other contents as required by the stockbreeding and veterinary administrative department of the State Council.

Article 42

A livestock and poultry farm shall furnish its livestock or poultry with a proper environment for reproduction, living and growth.

Article 43

Anyone who engages in raising livestock and poultry may not:

(1)

use any feed, feed additive or animal drug in violation of laws, or administrative regulations, or mandatory requirements of the national technical norms;

(2)

feed any restaurant or eatery swill not treated by high temperature to the livestock and poultry;

(3)

raise the livestock and poultry in a refuse dump or feed the substances of refuse dump to the livestock and poultry;

(4)

commit other acts harmful to the health of human, livestock and poultry as prescribed by laws, administrative regulations, and provisions of the stockbreeding and veterinary administrative department of the State Council.

Article 44

A livestock and poultry breeder shall, according to the Animal Disease Prevention Law of the People's Republic of China, do a good job in the prevention and control of livestock and poultry diseases.

Article 45

A livestock and poultry breeder shall, according to the provisions of the state on the administration of livestock and poultry marks, put a mark at the designated part of the livestock or poultry. No stockbreeding and veterinary administrative department may charge any fee for provision of such marks, and the necessary expenses for such marks shall be listed into the fiscal budget of the people's government at the provincial level.

No livestock or poultry mark may be repeatedly used.

Article 46

A livestock and poultry farm or raising areas shall ensure the normal running of the facilities for comprehensive utilization or other innocuous disposal of the livestock or poultry dung, waste water and other solid wastes so as to make the dumped pollutants come up to the relevant standards and prevent them from polluting the environment.

Where a livestock and poultry farm or raising area illegally dumps livestock or poultry dung, waste water and other solid wastes, which causes environment pollution, it shall tackle with the resultant damages, and compensate for the losses according to law.

If the state supports the livestock and poultry farm or raising area to build the facilities for comprehensive utilization of livestock or poultry dung, waste water and other solid wastes.

Article 47

The state shall encourage the development of apiculture and shall protect apiculturists' legitimate rights and interests.

The relevant departments shall actively publicize and popularize the agricultural techniques of bee pollination.

Article 48

During the course of production, no apiculturist may use any drug or container that may harm the quality and safety of bee-related products so as to guarantee the quality of bee-related products. The beekeeping containers and tools shall meet the mandatory requirements of the national technical norms.

Article 49

When an apiculturist undertakes honey campaigns in different places, the local departments of public security, traffic and transport, and stock breeding and veterinary shall offer him necessary convenience.

Where an apiculturist undertakes honey campaigns in different places in China, he shall, upon the quarantine certificate printed and issued by the stockbreeding and veterinary administrative department of the State Council in the uniform format, transport the bee flocks, which shall not be quarantined repeatedly within the valid period of the quarantine certificate.

Chapter V Chapter V Trading and Transportation of Livestock and Poultry

Article 50

The people's governments at or above the county level shall promote the construction of an unified and open livestock and poultry market with orderly competition.

The stockbreeding and veterinary administrative departments and other relevant competent departments of the people's governments at or above the county level shall organize to collect, arrange and release the information on the production and marketing of livestock and poultry so as to provide information service for the producers.

Article 51

The local people's government at or above the county level shall, according to its plan on the development of wholesale markets of agricultural products, support the establishment of livestock and poultry markets at the livestock and poultry distributing center.

The location of a livestock and poultry wholesale market shall satisfy the animal disease prevention requirements as prescribed by laws, administrative regulations, and the provisions of the stockbreeding and veterinary administrative department of the State Council and shall be not less than 3 kilometers away from any breeding livestock and poultry farm and large livestock and poultry farm.

Article 52

The livestock and poultry for sale shall meet the mandatory requirements of the national technical norms.

No one may sell or buy any livestock or poultry that does not bear the mark as required by the stockbreeding and veterinary administrative department of the State Council.

Article 53

The transportation of livestock and poultry shall comply with the animal disease prevention requirements as prescribed by laws, administrative regulations, and provisions of the stockbreeding and veterinary administrative department of the State Council; and measures shall be taken to protect the safety of livestock and poultry and necessary room and feeding and drinking conditions shall be available to the transported livestock and poultry.

The inspection of the livestock and poultry in transportation conducted by the relevant departments shall be based on laws or administrative regulations.

Chapter VI Quality and Safety Guarantee

Article 54

The people's government at or above the county level shall, in accordance with this Law and other relevant laws and administrative regulations, organize the stockbreeding and veterinary administrative department and other relevant competent departments to strengthen the supervision and administration of the livestock and poultry raising environment, quality of breeding livestock and poultry, use of such inputs as feed and animal drug, as well as the trading and transportation of livestock and poultry.

Article 55

The stockbreeding and veterinary administrative department of the State Council shall formulate measures for the administration of livestock and poultry marks and raising archives and take measures to put into effect the livestock and poultry products quality responsibility system.

Article 56

The stockbreeding and veterinary administrative department of the people's government at or above the county level shall formulate a plan on the supervision and inspection of the quality and safety of livestock and poultry, and shall carry out the supervision and spot-checking tasks as planed.

Article 57

The stockbreeding and veterinary administrative department of the people's government at or above the provincial level shall formulate the livestock and poultry production norms so as to guide the safe production of livestock and poultry.

Chapter VII Legal Liabilities

Article 58

Anyone who disposes of any livestock or poultry genetic resource under protection in violation of the provisions of Paragraph 2 of Article 13 of this Law and causes losses to the livestock or poultry genetic resource, shall be impose a fine of not less than 50, 000 Yuan but not more than 500, 000 Yuan by the stockbreeding and veterinary administrative department of the people's government at or above the provincial level.

Article 59

Where anyone who commits any of the following acts in violation of the relevant provisions of this Law, the stockbreeding and veterinary administrative department of the people's government at or above the provincial level shall order it or him to stop the illegal conducts, shall confiscate the livestock or poultry genetic resource and the illegal gains and shall impose upon it (him) a fine of not less than 10, 000 Yuan but not more than 500, 000 Yuan:

(1)

Importing livestock or poultry genetic resources from abroad without examination and approval;

(2)

Cooperating with a foreign institution or an individual in the research or utilization in China of any of livestock and poultry genetic resources included in the protection list without examination and approval;

(3)

Cooperating with any foreign institution or individual in the China-based research or utilization of any newly discovered livestock or poultry genetic resource that has not been appraised by the National Commission for Livestock and Poultry Genetic Resources.

Article 60 , Anyone who exports any livestock or poultry genetic resource without approval of the stockbreeding and veterinary administrative department of the State Council shall be subject to legal liabilities according to the relevant provisions of the Customs Law of the People's Republic of China. The Customs shall transfer the detained livestock or poultry resource to the stockbreeding and veterinary administrative department of the provincial people's government for disposal.

Article 61

Anyone who sells or promote any unapproved or un-appraised livestock or poultry species by violating the relevant provisions of this Law, shall be ordered to stop the violation by the stockbreeding and veterinary administrative department of the people's government at or above the county level and shall be confiscated of the livestock or poultry as well as the illegal gains. If the amount of illegal gains is not less than 50, 000 Yuan, the violator shall be imposed a fine of not less than 1 time but not more than 3 times the amount of illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 50, 000 Yuan, the violator shall be imposed a fine of not less than 5, 000 Yuan but not more than 50, 000 Yuan.

Article 62

Where anyone, in violation of this Law, engages in the production and business operation of breeding livestock or poultry without a license for the production and business operation of breeding livestock and poultry or by violating the provisions of the license for the production and business operation of breeding livestock and poultry, or transfers or leases the aforesaid license, the stockbreeding and veterinary administrative department of the people's government at or above the county level shall order it or him to stop the violation and shall confiscate the illegal gains. If the amount of illegal gains is not less than 30, 000 Yuan, the violator shall be imposed a fine of not less than 1 time but not more than 3 times the amount of illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 30, 000 Yuan, the violator shall be imposed a fine of not less than 3, 000 Yuan but not more than 30, 000 Yuan. Where anyone, in violation of the provisions of the license for the production and business operation of breeding livestock and poultry, engages in the production and business operation of breeding livestock or poultry, or transfers or leases the license for the production and business operation of breeding livestock and poultry, if the circumstances are serious, the aforesaid license shall be revoked.

Article 63

Anyone who violates the provision of Article 28 of this Law shall be subject to legal liabilities in accordance with the Advertising Law of the People's Republic of China.

Article 64

Where anyone, in violation of the relevant provisions of this Law, uses any breeding livestock or poultry that doesn't come up to the standards on breeding livestock or poultry, the stockbreeding and veterinary administrative department of the local people's government at or above the county level shall order it or him to stop the violation and confiscate the illegal gains. If the amount of illegal gains is not less than 50, 00 Yuan, the violator shall be imposed a fine of not less than 1 time but not more than 2 times the amount of illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 5, 000 Yuan, the violator shall be imposed a fine of not less than 1, 000 Yuan but not more than 5, 000 Yuan.

Article 65

Where anyone commits any of the illegal conducts as prescribed in Items (1) through (4) of Article 30 of this Law when selling breeding livestock or poultry, the stockbreeding and veterinary administrative department or the administrative department for industry and commerce of the people's government at or above the county level shall order it or him to stop selling the breeding livestock or poultry and shall confiscate the livestock or poultry illegally sold as well as the illegal gains. If the amount of illegal gains is no less than 50, 000 Yuan, the violator shall be imposed a fine of not less than 1 time but not more than 5 times the illegal gains. If there are no illegal gains or if the amount of illegal gains is less than 50, 000 Yuan, the violator shall be imposed a fine of not less than 5, 000 Yuan but not more than 50, 000 Yuan. If the circumstances are serious, the license for the production and business operation of breeding livestock and poultry or business license shall be revoked.

Article 66

Where a livestock or poultry farm, in violation of Article 41 of this Law, fails to establish and preserve raising archives according to the relevant provisions, the stockbreeding and veterinary administrative department of the people's government at or above the county level shall order it to make corrections within a time limit and may impose upon it or him a fine of no more than 10, 000 Yuan.

Article 67

Anyone who raises any livestock or poultry by violating Article 43 of this Law shall be punished in accordance with the relevant laws and administrative regulations.

Article 68

Where anyone, in violation of this law, sells any breeding livestock or poultry without the conformity certificate, quarantine certificate or domestic animal pedigree, or sells or buys any livestock or poultry which does not bear the mark as required by the stockbreeding and veterinary administrative department of the State Council, or repeatedly uses any livestock or poultry mark, the violator shall be ordered to make corrections and may be imposed a fine of 2, 000 Yuan or less by the stockbreeding and veterinary administrative department or administrative department for industry and commerce of the local people's government at or above the county level.

Where anyone who, in violation of this Law, uses any counterfeit or altered livestock or poultry marks, the violator shall be confiscated of the counterfeit or altered livestock or poultry marks as well as the illegal gains by the stockbreeding and veterinary administrative department of the local people's government at or above the county level and shall be imposed a fine of not less than 3, 000 but not more than 30, 000 Yuan.

Article 69

Where anyone sells any livestock or poultry that do not satisfy the mandatory requirements of the national technical norms, the stockbreeding and veterinary administrative department or administrative department for industry and commerce of the local people's government at or above the county level shall order it or him to stop the violation, confiscate the livestock and poultry illegally sold as well as the illegal gains and impose upon it or him a fine of not less than 1 time but not more than 3 times the amount of the illegal gains. If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.

Article 70

Where a functionary of a stockbreeding and veterinary administrative department accepts others' property or seeks other benefits by taking the advantage of his position, or issues a license or relevant approval documents to an entity or individual that does not satisfy the statutory conditions, or fails to perform his supervisory duties, or fails to punish any illicit act he finds, he shall be given an administrative punishment.

Article 71

Where the license for the production and business operation of breeding livestock and poultry of a breeding livestock and poultry producer or business operator is revoked, the stockbreeding and veterinary administrative department shall notify the administrative department for industry and commerce within 10 days as of revocation of the aforesaid license. The breeding livestock and poultry producer or business operator shall go through the modification registration or cancellation registration according to law.

Article 72

Where anyone violates the Law, and if a crime is constituted, he shall be investigated for criminal liabilities according to law.

Chapter VIII Supplementary Provisions

Article 73

For the purposes of this Law, the term livestock and poultry genetic resources" shall refer to genetic materials such as the livestock and poultry and their ova (eggs), embryos, perms and genes.

For the purposes of this Law, the term "breeding livestock and poultry" shall refer to the selected livestock and poultry and their ova (eggs), embryos and sperms that are valuable and suitable to produce posterities.

Article 74

This Law shall go into effect as of July 1, 2006.