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 on December 29, 2005; amended in accordance with the Decision on Amending the Metrology Law of the People's Republic of China and Other Four Laws at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015; and revised at the 37th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022)

Contents

Chapter Ⅰ   General Provisions

Chapter Ⅱ   Protection of Livestock and Poultry Genetic Resources

Chapter Ⅲ   Selection, Production and Business Operation of Breeding Livestock and Poultry

Chapter Ⅳ   Livestock and Poultry Farming

Chapter Ⅴ   Grassland Animal Husbandry

Chapter Ⅵ   Trade in and Transportation of Livestock and Poultry

Chapter Ⅶ    Slaughter of Livestock and Poultry

Chapter Ⅷ    Support and Supervision

Chapter Ⅸ    Legal Liability

Chapter Ⅹ    Supplementary Provisions

Chapter l  General Provisions

Article 1 This Law is enacted for purposes of regulating the production and business operation in animal husbandry, guaranteeing the supply, quality and safety of livestock and poultry products, protecting and making rational use of livestock and poultry genetic resources, cultivating and promoting fine livestock and poultry varieties, revitalizing the livestock and poultry breeding industry, safeguarding the lawful rights and interests of producers and business operators in animal husbandry, preventing public health risks, and promoting high-quality development of animal husbandry.

Article 2 This Law applies to the protection and utilization of livestock and poultry genetic resources, as well as the breeding, raising, business operation, transportation and slaughter of livestock and poultry within the territory of the People's Republic of China.

For purposes of this Law, the term "livestock and poultry" refers to those listed in the catalog of livestock and poultry genetic resources published in accordance with the provisions of Article 12 of this Law.

The relevant provisions of this Law shall apply to the protection, utilization, production and business operation of bee and silkworm resources.

Article 3 The state supports the development of animal husbandry and gives full play to its role in the development of agriculture and the rural economy as well as in the increase of farmers' incomes.

People's governments at or above the county level shall incorporate the development of animal husbandry into plans for national economic and social development, strengthen the construction of infrastructure for animal husbandry, encourage and support large-scale, standardized and smart livestock farming, promote mixed crop and livestock farming, adopt a circular approach to agriculture and animal husbandry for the green development thereof, advance industrialized operation of animal husbandry, increase the comprehensive productivity of animal husbandry, and develop safe, high-quality, efficient and eco-friendly animal husbandry.

The state helps and supports ethnic minority areas and underdeveloped areas to develop animal husbandry, protect and rationally utilize grasslands, and improve production conditions in animal husbandry.

Article 4 The state takes measures to train professionals in animal husbandry and veterinary medicine, strengthen the monitoring of livestock and poultry epidemic diseases and the development of livestock and poultry vaccines, improve the animal husbandry and veterinary technology dissemination system at the primary level, promote scientific and technological research in animal husbandry and veterinary medicine and the wide use of the research results, enhance animal husbandry standards, disseminate scientific and technological knowledge and provide information services relating to animal husbandry and veterinary medicine, and promote scientific and technological progress and innovation in animal husbandry.

Article 5 The competent department of agriculture and rural affairs under the State Council is responsible for the supervision and administration of animal husbandry nationwide. The competent departments of agriculture and rural affairs of local people's governments at or above the county level are responsible for the supervision and administration of animal husbandry within their respective administrative areas.

The relevant competent departments of people's governments at or above the county level shall, within the scope of their respective duties, be responsible for facilitating the development of animal husbandry.

Article 6 The competent department of agriculture and rural affairs under the State Council shall give guidance to producers and business operators in animal husbandry to help them improve the conditions and environment for the breeding, raising, transportation and slaughter of livestock and poultry.

Article 7 People's governments at all levels and their relevant departments shall strengthen publicity about laws and regulations related to animal husbandry.

Entities and individuals that have made remarkable achievements in the development of animal husbandry shall be commended and awarded in accordance with relevant state regulations.

Article 8 Producers and business operators in animal husbandry may, of their own free will, establish associations of the industry in accordance with law, so as to provide their members with services in terms of information, technology, marketing, training, etc., improve self-regulation of the industry and protect the interests of their members and the industry.

Article 9 Producers and business operators in animal husbandry shall discharge the obligations of animal epidemic prevention and eco-environmental protection in accordance with law and accept law-based supervision and inspections by relevant competent departments.

Chapter Ⅱ  Protection of Livestock and Poultry Genetic Resources

Article 10 The state establishes the protection system for livestock and poultry genetic resources and conducts work such as investigation, protection, identification, registration, monitoring and utilization of such resources. People's governments at all levels shall take measures to strengthen the protection of livestock and poultry genetic resources, and incorporate the funds for the protection of such resources in their respective budgets.

The state plays a major role in the protection of livestock and poultry genetic resources, encourages participation by actors from different sectors, adheres to the principle of prioritizing protection and utilizing resources efficiently, and implements a protection system covering different categories and levels.

The state encourages and supports relevant entities and individuals to develop the cause of protecting livestock and poultry genetic resources in accordance with law, and encourages and supports institutions of higher learning, scientific research institutes and enterprises to strengthen basic research on the protection and utilization of livestock and poultry genetic resources and improve their capabilities of scientific and technological innovation.

Article 11 The competent department of agriculture and rural affairs under the State Council shall set up the National Commission for Livestock and Poultry Genetic Resources, which, composed of specialists, shall be responsible for the identification and assessment of livestock and poultry genetic resources as well as the verification of new varieties and synthetic lines of livestock and poultry, provide demonstrations of plans for protecting and utilizing livestock and poultry genetic resources and offer consulting services regarding the protection of such resources.

Article 12 The competent department of agriculture and rural affairs under the State Council shall be responsible for regularly organizing investigations of livestock and poultry genetic resources, releasing reports on the conditions of such resources in the country, and publishing the catalog of national livestock and poultry genetic resources approved by the State Council.

The catalog of national livestock and poultry genetic resources may include animals that are developed through domestication and selective breeding, have stable heritable traits, qualify as breeds, have a certain population size, and can reproduce independently from wild populations.

Article 13 The competent department of agriculture and rural affairs under the State Council shall, based on the geological distribution of livestock and poultry genetic resources, make the national plan for protecting and utilizing such resources, draw up, adjust and publish the national-level directory of livestock and poultry genetic resources under protection, and provide priority protection for genetic resources of precious, rare or endangered livestock and poultry originating from China.

The competent departments of agriculture and rural affairs of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, based on the national plan for protecting and utilizing livestock and poultry genetic resources and the conditions of those genetic resources within their respective administrative areas, draw up, adjust and publish the provincial-level directories of livestock and poultry genetic resources under protection, and submit them to the competent department of agriculture and rural affairs under the State Council for record to strengthen the protection for local livestock and poultry genetic resources.

Article 14 Breeds reservation farms, genetic resources conservation zones and gene banks for livestock and poultry with the task of protecting such genetic resources shall be set up or designated by the competent department of agriculture and rural affairs under the State Council in accordance with the national plan for protecting and utilizing livestock and poultry genetic resources and the national-level directory of livestock and poultry genetic resources under protection, and by such departments of people's governments of provinces, autonomous regions, or municipalities directly under the Central Government in accordance with the provincial-level directories of livestock and poultry genetic resources under protection.

No breeds reservation farm, genetic resources conservation zone or gene bank for livestock and poultry supported by the central finance or provincial-level finance shall dispose of protected livestock and poultry genetic resources without approval by the competent department of agriculture and rural affairs under the State Council or by such a department of the people's government of a province, an autonomous region or a municipality directly under the Central Government.

Gene banks for livestock and poultry shall, in accordance with the regulations of the competent department of agriculture and rural affairs under the State Council or of such a department of the people's government of a province, an autonomous region or a municipality directly under the Central Government, regularly collect and update their genetic material on livestock and poultry. The entities and individuals concerned shall cooperate with gene banks in collecting genetic data of livestock and poultry, and shall have the right to appropriate economic compensation for such cooperation.

Local people's governments at or above the county level shall ensure that breeds reservation farms and gene banks for livestock and poultry have access to the land as needed. Closure or relocation of such farms and gene banks, if indeed necessary, shall be approved by the organs that established or designated them, and, in the case of relocation, proper arrangements shall be made in accordance with the principle of construction before demolition.

Measures for the administration of breeds reservation farms, genetic resource conservation zones and gene banks for livestock and poultry shall be formulated by the competent department of agriculture and rural affairs under the State Council.

Article 15 Before newly discovered livestock and poultry genetic resources are sent to the National Commission for Livestock and Poultry Genetic Resources for identification, competent departments of agriculture and rural affairs of people's governments of provinces, autonomous regions, or municipalities directly under the Central Government shall draw up a protection plan, take provisional protective measures, and report the matter to the competent department of agriculture and rural affairs under the State Council for record.

Article 16 Where livestock and poultry genetic resources are to be introduced from overseas, an application shall be submitted to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government; and after examination, the department that accepts the application shall submit it to the competent department of agriculture and rural affairs under the State Council for assessment, argumentation, and approval, except where the State Council stipulates the approval authority otherwise. Upon approval, relevant formalities shall be gone through and quarantine inspections 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 livestock and poultry genetic resources introduced from overseas are harmful or may become harmful to the livestock and poultry genetic resources or ecology at home, the competent department of agriculture and rural affairs under the State Council shall, after consultation with relevant competent departments, take necessary safety control measures.

Article 17 The state has sovereignty over livestock and poultry genetic resources. An entity or individual that intends to export such genetic resources included in a directory of the livestock and poultry genetic resources under protection, or intends to cooperate with a foreign institution or individual to conduct research within China in the utilization of such resources, shall submit an application with a plan for the benefits to be jointly shared by both countries, to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government; and after examination, the department that accepts the application shall submit it to the department of agriculture and rural affairs under the State Council for approval.

Where livestock and poultry genetic resources are to be exported overseas, the relevant formalities shall be gone through and quarantine inspections 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.

Before newly discovered livestock and poultry genetic resources are identified by the National Commission for Livestock and Poultry Genetic Resources, they shall not be exported overseas, nor shall any research in their utilization be conducted in cooperation with any foreign institution or individual.

Article 18 The State Council shall formulate the measures for approving the entry and exit of livestock and poultry genetic resources and the research in their utilization in cooperation with foreign institutions and individuals.

Chapter Ⅲ  Selection, Production and Business Operation of Breeding Livestock and Poultry

Article 19 The state supports the selective breeding of different varieties of livestock and poultry and the wide use of improved varieties, implements the national livestock and poultry genetic improvement plan, supports enterprises, institutes of higher learning, scientific research institutions and technology popularization entities in carrying out joint breeding, and establishes a sound system of breeding improved varieties of livestock and poultry.

People's governments at or above the county level shall support the development and utilization of breeds included in directories of livestock and poultry genetic resources under protection, so as to increase the supply of special livestock and poultry products and meet diversified consumer demands.

Article 20 The state encourages and supports proprietary innovation in the livestock and poultry breeding industry, channels greater efforts in tackling key problems in breeding technologies, and supports the development of innovative enterprises that combine selective breeding with production and business operation.

Article 21 Prior to their sale and promotion, new varieties and synthetic lines of livestock and poultry, and newly discovered livestock and poultry genetic resources shall undergo verification or identification by the National Commission for Livestock and Poultry Genetic Resources, and the results shall be announced by the competent department of agriculture and rural affairs under the State Council. The measures for the verification of new varieties and synthetic lines of livestock and poultry and the measures for the identification of livestock and poultry genetic resources shall be formulated by the competent department of agriculture and rural affairs under the State Council. The expenses of experimentation and testing required for verification or identification shall be borne by the applicants.

The legitimate rights and interests of the persons cultivating new varieties and synthetic lines of livestock and poultry shall be protected by law.

Article 22 The importation, breeding, testing, verification and promotion of transgenic varieties of livestock and poultry shall be in conformity with the state regulations on the safety of agricultural transgenic organisms.

Article 23 The institutions for the dissemination of animal husbandry and veterinary technologies at or above the provincial level shall organize the quality monitoring of breeding livestock and the registration of fine individuals, and recommend fine breeding livestock to the community. The rules for the registration of fine breeding livestock shall be formulated by the department of agriculture and rural affairs under the State Council.

Article 24 To engage in the production and business operation of breeding livestock or poultry, or young commercial livestock or poultry, an entity or individual shall obtain a license for the production and business operation of breeding livestock or poultry.

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

(1) that the breeding livestock or poultry for production and business operation are the varieties and the synthetic lines that have gone through verification or identification by the National Commission for Livestock and Poultry Genetic Resources, or that are introduced from abroad upon approval;

(2) that it has animal husbandry and veterinary technicians commensurate with the scale of production and business operation;

(3) that it has breeding facilities and equipment commensurate with the scale of the production and business operation;

(4) that it meets the conditions for prevention of epidemic diseases among the breeding livestock or poultry as required by laws and administrative regulations as well as by the competent department of agriculture and rural affairs under the State Council;

(5) that it has a sound quality control and breeding record system; and

(6) that it meets other conditions provided for by laws and administrative regulations.

Article 25 To obtain a license for production and business operation of genetic material such as the ova, semen and embryos of livestock, an applicant shall, in addition to meeting the conditions provided for in the second paragraph of Article 24 of this Law, also meet the following requirements:

(1) that it meets the conditions for laboratories and for storage and transportation of such genetic material as specified by the competent department of agriculture and rural affairs under the State Council;

(2) that it meets the quantity and quality requirements for the breeding livestock specified by the competent department of agriculture and rural affairs under the State Council;

(3) that the embryos obtained from in vitro fertilization and the ova to be used are from unequivocal sources, and that the donor livestock are in conformity with the standards and requirements specified by the state with regard to the health and quality of breeding livestock; and

(4) that it meets the relevant compulsory standards of the state and other technical requirements specified by the competent department of agriculture and rural affairs under the State Council.

Article 26 To obtain a license for the production and business operation of genetic material such as the ova, semen and embryos of livestock, an application shall be submitted to the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government. The department that receives the application shall make a decision in accordance with law on whether to issue such a license within 60 working days from the date it receives the application.

The licenses for the production and business operation of other breeding livestock or poultry shall be issued after examination by competent departments of agriculture and rural affairs of local people's governments at or above the county level.

The state administers licenses for the production and business operation of breeding livestock and poultry in a unified way according to a hierarchical responsibility system, and allows the filing of applications on a unified information platform. Information on the approval and issuance of licenses for the production and business operation of breeding livestock and poultry shall be made public in accordance with law. Specific measures and license templates shall be made by the competent department of agriculture and rural affairs under the State Council.

Article 27 A license for the production and business operation of breeding livestock or poultry shall clearly indicate matters such as the name of the producer or business operator, the address of the farm (factory), the scope of production or business operation and the beginning and ending dates of the valid term of the license.

It is prohibited to engage in the production and business operation of breeding livestock or poultry, or of young commercial livestock or poultry without the abovementioned license or in violation of the provisions of such a license. Forging, altering, transferring and leasing the license for the production and business operation of breeding livestock or poultry are prohibited.

Article 28 A rural household need not obtain a license for the production and business operation of breeding livestock or poultry for raising them for its own use, selling a small number of surplus young livestock or poultry, or raising sires for mating with breeding livestock or poultry of other households on a mutual assistance basis.

Article 29 To launch an advertisement for breeding livestock or poultry, an advertiser shall hold or provide the license for the production and business operation of breeding livestock or 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 of the verifier or identifier of the varieties or the synthetic lines shall clearly be stated, and the descriptions of their main characters shall be in conformity with the standards on such varieties or synthetic lines.

Article 30 The breeding livestock and poultry for sale and the sires used by livestock mating stations (points) shall meet the breeding standards. The breeding livestock and poultry for sale shall be accompanied by compliance certificates issued by breeding livestock or poultry farms and quarantine certificates issued by animal health supervision institutions, and the breeding livestock and poultry for sale shall, in addition, be accompanied by certificates of pedigree issued by breeding livestock or poultry farms.

A producer of ova, sperm, embryos or other genetic material of livestock shall keep complete records of the collection, sale, transplantation, etc. of such genetic material, and preserve the records for 2 years.

Article 31 No one shall commit any of the following acts in selling breeding livestock and poultry:

(1) passing varieties or synthetic lines of other livestock and poultry off as those for sale;

(2) passing breeding livestock and poultry of an inferior generation off as those of a superior generation;

(3) passing livestock and poultry that do not meet the breeding standards off as breeding livestock and poultry;

(4) selling breeding livestock and poultry imported without approval;

(5) selling breeding livestock or poultry not accompanied by a compliance certificate and a quarantine certificate of breeding livestock or poultry, or selling breeding livestock not accompanied by a certificate of pedigree as provided for by Article 30 of this Law; or

(6) selling varieties or synthetic lines of breeding livestock and poultry that are not verified or identified.

Article 32 To apply for the import of breeding livestock or poultry, an applicant shall obtain a license for the production and business operation of breeding livestock or poultry. An applicant that fails to obtain such a license for the reason of not having breeding livestock or poultry, shall provide an explanatory document issued by the competent department of agriculture and rural affairs of the people's government of a province, an autonomous region, or a municipality directly under the Central Government. The approval document for the import of breeding livestock or poultry is valid for 6 months.

Breeding livestock and poultry to be imported shall meet the technical requirements prescribed by the competent department of agriculture and rural affairs under the State Council. With respect to the breeding livestock and poultry to be imported for the first time, their breeding characteristics shall be subject to assessment by the National Commission for Livestock and Poultry Genetic Resources.

In addition to the provisions of the preceding two paragraphs, the relevant provisions of Articles 16, 17 and 22 of this Law shall apply to the administration of the import and export of breeding livestock and poultry.

The state encourages livestock and poultry farmers to produce new varieties and synthetic lines of imported livestock and poultry; and such new varieties and synthetic lines shall be subject to verification by the National Commission for Livestock and Poultry Genetic Resources before they are popularized.

Article 33 A seller of young commercial livestock or poultry shall provide buyers with information on the main production performance indicators, immunization, and technical requirements for farming the young livestock or poultry, as well as the relevant consulting services and the quarantine certificates issued by animal health supervision institutions.

Where losses are caused to livestock or poultry farmers due to the quality of purchased breeding livestock or poultry, or the quality of young commercial livestock or poultry, the sellers shall pay compensation for such losses in accordance with law.

Article 34 The competent departments of agriculture and rural affairs of people’s governments at or above the county level shall be in charge of supervision and control over the quality and safety of breeding livestock and poultry at their corresponding levels. Statutorily qualified breeding livestock and poultry quality inspection institutions shall be entrusted with the supervision and inspection of the quality and safety of breeding livestock and poultry; and the expenses of such inspections shall be listed in the budget at the same level, and shall not be collected from those that such inspections are conducted for.

Article 35 The relevant provisions of this Law shall apply to the protection of resources, the selective breeding of new varieties, the production and business operation, as well as the popularization of breeding bees and breeding silkworms. The specific administrative measures shall be formulated by the competent department of agriculture and rural affairs under the State Council.