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Provisions of Shanghai Municipality on Administration of the Slaughtering of Domestic Animals
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| (Promulgated on August 7,1997 by Decree No.46 of the Shanghai Municipal People' s Government) Chapter 1General Provisions Article 1 (Purpose and Basis) The present Provisions are formulated in accordance with the relevant regulations of the State and in the light of circumstances of this Municipality to guarantee the quality of meat products of domestic animals, to safeguard the people' s health and to protect the environment. Article 2 (Scope of Application) The present Provisions shall be applicable to the slaughter of pig, ox, and sheep and its management within the administrative area of Shanghai Municipality. Article 3 (Competent Authorities) Shanghai Municipal Commercial Commission (hereinafter referred to as SMCC) is the department in charge of the domestic animal slaughtering industry. Under the professional guidance of SMCC, the county (district) commercial administration departments are responsible for the management of domestic animal slaughtering industry within their administrative areas. Shanghai Municipal Agricultural Commission (hereinafter referred to as SMAC) is the department in charge of the quarantine of domestic animal slaughtering. The Shanghai Municipal Veterinary Health Supervision and Examination Center attached to SMAC is responsible for the specific administration of the quarantine of domestic animal slaughtering within its jurisdiction. The county (district) animal husbandry administrative departments are responsible for the administration of the quarantine of domestic animals slaughtering within its jurisdiction; and the county (district) supervision and examination departments of veterinary sanitation attached to SMAC are in charge of specific management of the quarantine and slaughter of domestic animals within their administrative areas under the professional guidance of Municipal Veterinary Health Supervision and Examination Center. Article 4 (Associated Administrative Departments) The relevant municipal departments of public health, industry and commerce, environmental protection, public security, tax, and price control shall be engaged in the supervision and administration of domestic animal slaughter in accordance with the laws and regulations and their own respective duties. Article 5 (The Principle for the Slaughter of Domestic Animals) The principle of "slaughtering at fixed locations and centralized quarantine" shall be followed. Article 6 (Respect for National Customs) In slaughtering and supplying of domestic animals for national minorities, the customs and traditions of the national minorities shall be respected. Chapter II Establishment of Slaughterhouses Article 7 (Plan for Setting up Fixed Locations) The plan for setting up fixed locations of the slaughterhouses in Shanghai shall be formulated by SMCC, SMAC and Shanghai Municipal Environmental Protection Bureau in accordance with the principles of unified planning, reasonable distribution, convenience for quarantine, and shall be implemented after being approved by the Municipal People' s Government. Article 8 (Requirements for Slaughterhouses) The following provisions shall be observed in the establishment of a slaughterhouse: 1.Conform to the fixed location plan of slaughterhouses in Shanghai; 2.Keep a distance of 100meters or more from hospitals, schools, food producing enterprises, pastures, residential areas, etc. 3.Keep far away from the drinking water intake of a city or town; 4.Equipped with essential facilities in line with the slaughter quantity, such as the slaughter room, emergency slaughter room, meat refrigerating room, and temporary keeping room for domestic animals that can be swept, cleaned and sterilized; 5.Having drinking water sources in conformity with the sanitation standard, sufficient illumination, and good ventilation; and 6.Equipped with facilities for environmental protection and pollution prevention. Article 9 (Slaughter License System) The establishment of slaughterhouses in Shanghai adopts the license system. The slaughter of commercial domestic animals shall be done in licensed slaughterhouses. Individual person shall not be allowed to take up the slaughtering business. Article10 (Application and Examination and Approval of Establishment) Those who need to up slaughterhouses in Shanghai shall go through the application and examination and approval procedures according to the following Provisions: 1.Apply to the local county (district) people' s government, which shall report its views on the preliminary examination to the SMCC. After joint examination and approval of both SMCC and SMAC, the SMCC shall verify and issue the ratification document of permission for fixed location; 2.With the ratification document of permission for fixed location, apply respectively to the local county (district) public health administration and the supervision and examination department of veterinary sanitation for sanitation license and veterinary sanitation qualification certificate; and 3.With the public health license, veterinary sanitation qualification certificate, go through the business registration procedures at the local county (district) industrial and commercial administrative department. To set up a slaughterhouse, one shall also apply to the environmental protection department for ratification in accordance with the relevant provisions on environmental protection for the construction projects. Chapter III Administration of Slaughtering Article 11 (Division of Quarantine Work) The quarantine work of the slaughterhouses shall be carried out by the veterinary sanitation quarantine personnel appointed by the local county (district) supervision and examination administration of veterinary sanitation. The slaughterhouses that are qualified to quarantine work by themselves, shall be responsible for the doing their quarantine work, but they shall accept the supervision and examination of the municipal veterinary supervision and examination center, their sanitation and quarantine personnel of the slaughterhouses shall only carry out slaughter and quarantine domestic animals after having passed the examination and verification of the municipal veterinary supervision and examination center. Article12 (Buying or Slaughtering Dead Domestic Animals Prohibited) The slaughterhouses shall not be allowed to buy domestic animals that are dead before they are slaughtered, nor shall they be al1owed to slaughter dead domestic animals. Article 13 (Check of the Quarantine Certificate) In buying domestic animals for slaughtering or in slaughtering domestic animals for other persons, the slaughterhouses shall check the quarantine certificate issued by the supervision and examination administration of veterinary sanitation of the original place of domestic animals production. Article 14 (Disposal of Dead Domestic Animals and Domestic Animals Without the Quarantine Certificate from the Original Place of Production) Should a slaughterhouse find any original dead domestic animals or domestic animals without the quarantine certificate from the original place of production, when buying, temporary keeping, or slaughtering them, it shall hold them in custody and dispose of them according to the following regulations: 1.For the disposal of dead domestic animals, the slaughterhouses that are qualified to do quarantine work by themselves shall adopt the chemical process of disposal; other slaughterhouses without such qualification shall notify the local supervision and examination administration of veterinary sanitation, and shall carry out the chemical process of disposal under its supervision. 2.For the disposal of domestic animals without the quarantine certificate from the original of production, the slaughterhouses that are qualified to do quarantine work by themselves shall isolate and quarantine the domestic animals before slaughtering or give harmless rendering treatment; other slaughterhouses without such qualification shall notify the supervision and examination administration of veterinary sanitation to effect treatment. Article 15 (Requirements for Quarantine and Examination) Domestic animals shall be quarantined before slaughter and examined after slaughter in accordance with the "Rules for Trial Implementation on Meat Sanitation Examination" of the State. In the process of slaughtering domestic animals, synchronous examination or contrastive examination shall be carried out to the body, viscera, head and hoof or trotter of the domestic animals, and examination marks shall be put on. The stamp "Checked" shall be put on both sides of the body of the slaughtered domestic animals after passing quarantine and other examinations. Article 16 (Report of Infectious Diseases of Domestic Animals) When infectious diseases of catalogue 1 as listed in the first Section of Article 3 of the "Rules for the Implementation of the Regulations on Epizootic Prevention of Domestic Animals and Fowls" are found in domestic animals after quarantine or other examinations, the slaughterhouse shall report the case within 24hours from the time of discovery to supervision and examination department of veterinary Sanitation of county (district) or a higher 1evel, and shall handle the case under the supervision and guidance of veterinarians and quarantine personnel. When infectious diseases suffered by human being and animals alike are found in domestic animals after quarantine or other examinations, the slaughterhouse shall report the case within 24 hours from the time of discovery to the supervision and sanitation examination department of veterinary sanitation of the county (district) or a higher 1evel; the supervision and examination department of veterinary sanitation shall circulate a notice in time to departments of public health and epidemic prevention. Article 17 (Slaughter of Sick Domestic Animals) Domestic animals with infectious diseases shall be slaughtered in a special place in the slaughterhouse so as to prevent virus and germs from proliferation. Artile18 (Disposal of Seriously Sick Domestic Animals) When deadly infectious diseases, infectious diseases suffered human being and animals alike, or serious parasitic diseases are found in domestic animals after quarantine or other examinations, these domestic animals shall undergo harmless-rendering treatment in the slaughterhouse under the supervision of veterinarians and quarantine personnel. People shall be forbidden to eat their meat. Article 19 (Disposal of Edible Sick Domestic Animals) Special marks shall be put on domestic animals that can not pass quarantine or other examinations but are still edible after high-temperature processing. These animals shall be edible only after special processing and meeting the public health requirements of foodstuff. Article 20 (Public Health Requirements of Domestic Animal Products) Products made from slaughtered domestic animals shall meet the following public health requirements: 1.No blood, hair, excrement and dirt shall be left on domestic animal' s body and viscera; no scar, focus of infection and harmful adenoma shall be left unremoved; 2.Edible blood shall be taken from healthy domestic animals, and shall be produced and processed under stipulated conditions; and 3.The body of slaughtered domestic animal shall be hung in a cool, ventilative and clean place, it shall not be put against wall, on the ground, nor be polluted by poisonous, harmful or ill-smelling articles; viscera and processed meat products shall be kept separately in different containers. Article 21 (Public Requirements for Butchers) Butchers shall have their health checkup once every year. Invalids suffering from dysentery, typhoid, virus hepatitis and other digestive tract infectious diseases (including the pathogen carriers), active pulmonary tuberculosis, festering or oozing skin diseases shall not be a1lowed to work in a slaughterhouse. Article 22 (Relevant Marketing Management) Enterprises and self-employed workers engaging in domestic animal products business shall buy their local goods from slaughterhouses set up with the permission of Shanghai Municipality. If they want to buy domestic animal products from places outside Shanghai, they shall buy their goods from slaughterhouses set up by county people' s government or higher level based on the plan arrangement of provincial people' s government. Domestic animal products without quarantine or other examinations, and animal products that can not pass quarantine or other examinations, shall not come into the market. Chapter IV Legal Liabi1ity Article 23 (Penalty for Violating the Principle of Slaughtering at Fixed Locations) Any unit or individual person that violates the present Provisions and sets up slaughterhouses without authorization, shall be ordered to make corrections by the SMCC jointly with the SMAC, and shall be penalized by the Public Health Administrative Department, the Industry and Commerce Administration, and Environmental Protection Department in accordance with the provisions of laws and regulations. Article 24 (Wrongs Penalized by Municipal Veterinary Supervision and Examination Center or by County (District) Supervision and Examination Department of Veterinary Sanitation) A slaughterhouse that has done any of the following wrongs shall be penalized according to the seriousness of the wrong in accordance with the provisions of laws and regulations by the Municipal Veterinary Supervision and Examination Center or by county (district) supervision and examination department of veterinary: 1.Failure to check quarantine certificate, any slaughterhouse shall be fined no more than RMB500per head of such domestic animals; 2.Purchasing domestic animals that died before it was slaughtered, or slaughtering dead domestic animals, any slaughterhouse may be fined no more than RMB1,000 per head of such domestic animals; 3.If domestic animals with infectious diseases are not slaughtered in a special place, any slaughterhouse shall be ordered to make correction at once, and may be fined no less than RMB10, 000 but no more than RMB30, 000;and 4.If infectious diseases of catalogue 1or infectious diseases suffered by human being and animals alike have been discovered, but the slaughterhouse does not report the case within stipulated time limit to the supervision and examination department of veterinary sanitation, the slaughterhouse shall be given a disciplinary warning, and may be fined no more than RMB10, 000. Article25 (Wrongs Penalized by Other Administrative Departments) Any slaughterhouse which does a wrong violating the present Provisions shall be penalized by the Public Health Administrative Department, The Industry and Commerce Administration and the Environment Protection Department within their respective legal functions and powers, in accordance with the stipulations of laws and regulations. Article 26 (Administrative Liability) Veterinarians and quarantine personnel who neglect their duties, practise favoritism or irregularities out of personal consideration, take part in slaughter business, shall be given disciplinary warning by their respective units, and may even be dismissed from public employment as administrative sanctions Article 27 (Criminal Liability) If the wrong violating the present provisions is serious enough to constitute a crime, the slaughterhouse shall be prosecuted by judicial organs for its criminal liability according to law. Article 28 (Reconsideration and litigation) The persons concerned who disagree with the specific administrative act may apply for administrative reconsideration or bring an administrative litigation in accordance with the "Regulations on Administrative Reconsideration" , or the "Administrative Litigation Law of the People' s Republic of China" . If the persons concerned neither apply for reconsideration, nor bring a suit, nor perform the specific administrative act within the prescribed period, the administrative departments that made the specific administrative act may apply to a People' s Court for enforcement in accordance with the provisions of the "Administrative Litigation Law of the People' s Republic of China". Chapter V Supplementary Provisions Artele29 (Ascertainment of Deadly Infectious Diseases and Infectious Diseases Suffered by Human being and Animals Alike) Deadly infectious diseases, infectious diseases suffered by human being and animals alike, and serious parasitic diseases mentioned in the present Provisions shall be ascertained according to the relevant provisions of the State. Article 30 (Handling of Related Matters) Slaughterhouses set up before the implementation of the present Provisions shall be checked up before December 31,1997 in accordance with the present Provisions. Those that meet the conditions shall go through relevant procedures of setting up slaughterhouses in accordance with the present Provisions. Article 31 (Organs to Interpret the Application) SMCC and SMAC are responsible for the interpretation of the specific application of the present Provisions according to their respective responsibilities. Article 32 (Effective Date) The present Provisions shall become effective on October 1,1997.If there are contradictions between the Present provisions and the related regulations formerly promulgated by the Shanghai Municipal People' s Government, the present Provisions shall prevail. |
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