Order of the State Council of the people's Republic of China

No. 609

The regulations on the administration of feed and feed additives were revised and adopted at the 177th executive meeting of the State Council on October 26, 2011. The revised regulations on the administration of feed and feed additives are hereby promulgated and shall enter into force as of May 1, 2012.

Premier Wen Jiabao

November 3, 2011

Regulations on the administration of feed and feed additives

(promulgated by order No. 266 of the State Council of the people's Republic of China on May 29, 1999, revised in accordance with the decision of the State Council on Amending the regulations on the administration of feed and feed additives on November 29, 2001, and revised and adopted at the 177th executive meeting of the State Council on October 26, 2011)

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of strengthening the administration of feed and feed additives, improving the quality of feed and feed additives, ensuring the quality and safety of animal products and safeguarding public health.

Article 2 the term "feed" as mentioned in these Regulations refers to the products processed and produced industrially for animal consumption, including single feed, additive premixed feed, concentrated feed, compound feed and concentrate supplement.

The term "feed additives" as mentioned in these Regulations refers to a small amount or trace amount of substances added in the process of feed processing, production and use, including nutritional feed additives and general feed additives.

The catalogue of feed raw materials and the catalogue of feed additives shall be formulated and published by the competent agricultural administrative department under the State Council.

Article 3 the competent agricultural administrative department under the State Council shall be responsible for the supervision and administration of feed and feed additives throughout the country.

The departments in charge of the administration of feed and feed additives under the local people's governments at or above the county level (hereinafter referred to as feed administration departments) shall be responsible for the supervision and administration of feed and feed additives within their respective administrative regions.

Article 4 the local people's governments at or above the county level shall exercise unified leadership over the supervision and administration of feed and feed additives in their respective administrative regions, establish and improve the supervision and administration mechanism, and ensure the implementation of supervision and administration.

Article 5 feed and feed additive production enterprises and operators shall establish and improve the quality and safety system and be responsible for the quality and safety of the feed and feed additives they produce and operate.

Article 6 Any organization or individual has the right to report any violation of these regulations in the production, operation and use of feed and feed additives, and has the right to put forward opinions and suggestions on the supervision and administration of feed and feed additives.

Chapter II examination, approval and registration

Article 7 the State encourages the development of new feeds and feed additives.

The development of new feeds and feed additives shall follow the principles of science, safety, effectiveness and environmental protection to ensure the quality and safety of new feeds and feed additives.

Article 8 before the developed new feed or feed additive is put into production, the developer or production enterprise shall submit an application for examination and approval to the competent agricultural administrative department under the State Council, and provide samples of the new feed or feed additive and the following materials:

（1） Name, main components, physical and chemical properties, development method, production process, quality standard, detection method, inspection report, stability test report, environmental impact report and pollution prevention and control measures;

（2） The feeding effect, residue digestion dynamics and toxicological safety evaluation report of the new feed and new feed additives issued by the experimental institution designated by the competent agricultural administrative department of the State Council.

When applying for the examination and approval of a new feed additive, it shall also explain the purpose and use method of the new feed additive, and provide an analysis and evaluation report on the possible impact of the residue of the feed additive on human health.

Article 9 The competent agricultural administrative department under the State Council shall, within 5 working days from the date of accepting the application, submit the samples and application materials of new feed and new feed additives to the national feed Review Committee to review the safety, effectiveness and environmental impact of the new feed and new feed additives.

The national feed evaluation committee is composed of experts in breeding, feed processing, animal nutrition, toxicology, pharmacology, metabolism, health, chemical synthesis, biotechnology, quality standards, environmental protection, food safety risk assessment, etc. The national feed Review Committee shall take the form of review meeting for the review of new feed and new feed additives. More than 9 experts of the national feed Review Committee shall participate in the review meeting. If necessary, experts other than 1-2 experts of the national feed Review Committee may also be invited to participate. The experts participating in the review have the right to vote on the review matters. The review meeting shall form review opinions and meeting minutes, which shall be reviewed and signed by the experts participating in the review; If there are different opinions, it shall be indicated. Experts participating in the review shall perform their duties fairly and impartially according to law, keep the review materials confidential, and take the initiative to withdraw if there are reasons for withdrawal.

The national feed evaluation committee shall issue the evaluation results and submit them to the competent agricultural administrative department of the State Council within 9 months from the date of receiving the samples and application materials of new feed and new feed additives; However, if the national feed evaluation committee decides that the applicant should carry out relevant tests, the evaluation time can be extended for three months with the consent of the competent agricultural administrative department of the State Council.

The competent agricultural administrative department under the State Council shall make a decision on whether to issue certificates for new feed and new feed additives within 10 working days from the date of receiving the evaluation results; If it decides not to approve the issuance, it shall notify the applicant in writing and explain the reasons.

Article 10 the competent department of agricultural administration under the State Council shall publish the product quality standards of the new feed and new feed additives in accordance with its functions and powers at the same time when issuing the certificates of new feed and new feed additives.

Article 11 the monitoring period of new feed and new feed additives is 5 years. If the new feed or feed additive is in the monitoring period, other production applications and import registration applications for the new feed or feed additive will not be accepted, except those that have not been put into production for more than three years.

The production enterprise shall collect the quality stability of new feed and new feed additives in the monitoring period and their impact on the quality and safety of animal products, and report to the competent agricultural administrative department under the State Council; The competent agricultural administrative department under the State Council shall organize follow-up monitoring of the quality and safety of new feed and new feed additives. If it is confirmed that there are safety problems, the certificate of new feed and new feed additives shall be revoked and announced.

Article 12 Whoever exports to China feed and feed additives that have not been used in China but have been approved for production and use by the exporting country shall entrust an agency in China to apply for registration with the competent agricultural administrative department under the State Council, and provide samples of the feed and feed additives and the following materials:

（1） Promotion and application of trademarks, labels and;

（2） The certificate of approval for production and use of the place of production and the registration materials of other countries and regions other than the place of production;

（3） Main components, physical and chemical properties, development methods, production processes, quality standards, detection methods, inspection reports, stability test reports, environmental impact reports and pollution prevention and control measures;

（4） The evaluation report on the feeding effect, residue digestion dynamics and toxicological safety of the feed and feed additives issued by the experimental institution designated by the competent agricultural administrative department of the State Council.

When applying for the import registration of feed additives, it shall also explain the purpose and use method of the feed additives, and provide the analysis and evaluation report on the possible impact of the residues of the feed additives on human health.

The competent agricultural administrative department under the State Council shall organize the review in accordance with the review procedures for new feed and new feed additives stipulated in Article 9 of these regulations, and decide whether to issue the import registration certificate of feed and feed additives.

Whoever exports to China for the first time the feed and feed additives that have been used in China and have been approved for production and use by the exporting country shall apply for registration in accordance with the provisions of paragraphs 1 and 2 of this article. The competent agricultural administrative department under the State Council shall examine the application materials within 10 working days from the date of accepting the application; If it passes the examination, the samples shall be submitted to the designated organization for review and testing; If the inspection is qualified, the competent agricultural administrative department under the State Council shall issue the import registration certificate of feed and feed additives within 10 working days.

The import registration certificate of feed and feed additives is valid for 5 years. If it is necessary to continue exporting feed and feed additives to China after the expiration of the import registration certificate, it shall apply for renewal six months before the expiration of the validity period.

It is prohibited to import feed and feed additives that have not obtained the import registration certificate of feed and feed additives.

Article 13 the state protects the undisclosed test data and other data obtained by the applicant of feed or feed additive containing new compounds who has obtained the certificate of new feed or feed additive or the import registration certificate of feed or feed additive.

Within 6 years from the date of issuance of the certificate, if other applicants use the data specified in the preceding paragraph to apply for the examination and approval of new feed and new feed additives or the import registration of feed and feed additives without the consent of the applicant who has obtained the certificate of new feed and new feed additives or the import registration certificate of feed and feed additives, the competent agricultural administrative department of the State Council shall not examine and approve or register; However, other applicants shall not submit the data obtained by themselves.

The competent agricultural administrative department under the State Council shall not disclose the data specified in the first paragraph of this article except under the following circumstances:

（1） Public interest needs;

（2） Measures have been taken to ensure that such information will not be improperly used for commercial purposes.

Chapter III production, operation and use

Article 14 the establishment of feed and feed additive production enterprises shall comply with the feed industry development plan and industrial policies, and meet the following conditions:

（1） Having plants, equipment and storage facilities suitable for the production of feed and feed additives;

（2） Have full-time technicians suitable for the production of feed and feed additives;

（3） Necessary product quality inspection institutions, personnel, facilities and quality management system;

（4） Have a production environment that meets the safety and health requirements stipulated by the state;

（5） Having pollution prevention and control measures that meet the national environmental protection requirements;

（6） Other conditions stipulated in the quality and safety management norms for feed and feed additives formulated by the competent agricultural administrative department of the State Council.

Article 15 to apply for the establishment of a feed additive or additive premixed feed production enterprise, the applicant shall submit an application to the feed administration department of the people's Government of the province, autonomous region or municipality directly under the central government. The feed administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall conduct written examination and on-site examination within 20 working days from the date of accepting the application, and submit relevant materials and examination and examination opinions to the competent agricultural administrative department under the State Council. The competent agricultural administrative department under the State Council shall organize the review after receiving the materials and the review and review opinions, make a decision on whether to issue a production license within 10 working days according to the review results, and send a copy of the decision to the feed administration department of the people's Government of the province, autonomous region and municipality directly under the central government.

To apply for the establishment of other feed production enterprises, the applicant shall submit an application to the feed administration department of the people's Government of the province, autonomous region or municipality directly under the central government. The feed administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall conduct a written examination within 10 working days from the date of accepting the application; If the review is qualified, organize on-site audit, and make a decision on whether to issue a production license within 10 working days according to the audit results.

The applicant shall go through the industrial and commercial registration formalities with the production license.

The production license is valid for 5 years. If it is necessary to continue to produce feed and feed additives after the expiration of the production license, it shall apply for renewal six months before the expiration of the validity.

Article 16 after obtaining the production license issued by the competent agricultural administrative department of the State Council, the feed administrative department of the people's Government of the province, autonomous region and municipality directly under the central government shall issue the corresponding product approval number in accordance with the provisions of the competent agricultural administrative department of the State Council.

Article 17 feed and feed additive production enterprises shall, in accordance with the provisions of the competent agricultural administrative department under the State Council and relevant standards, inspect or inspect the purchased feed raw materials, single feed, feed additives, pharmaceutical feed additives, additive premixed feed and raw materials used for the production of feed additives.

Feed production enterprises that use restricted feed raw materials, single feed, feed additives, pharmaceutical feed additives and additive premixed feed to produce feed shall abide by the restrictive provisions of the competent agricultural administrative department of the State Council. It is prohibited to use any substance other than the catalogue of feed raw materials, the catalogue of feed additives and the catalogue of drug feed additives published by the competent agricultural administrative department of the State Council to produce feed.

Feed and feed additive production enterprises shall truthfully record the name, place of origin, quantity, shelf life, license document number, quality inspection information, manufacturer's name or supplier's name and contact information of the purchased feed raw materials, single feed, feed additives, pharmaceutical feed additives, additive premixed feed and raw materials used for feed additive production Purchase date, etc. The retention period of records shall not be less than 2 years.

Article 18 feed and feed additive production enterprises shall organize production in accordance with the product quality standards and the norms for the quality and safety management of feed and feed additives and the norms for the safe use of feed additives formulated by the competent agricultural administrative department of the State Council, effectively control the production process, and implement the production record and product sample observation system.

Article 19 feed and feed additive production enterprises shall conduct product quality inspection on the produced feed and feed additive; If the product passes the inspection, a product quality inspection certificate shall be attached. Those who have not passed the product quality inspection, fail to pass the inspection or are not attached with the product quality inspection certificate shall not leave the factory for sale.

The production enterprise of feed and feed additives shall truthfully record the name, quantity, production date, production batch, quality inspection information, buyer's name and contact information, sales date, etc. of the feed and feed additives sold out of the factory. The retention period of records shall not be less than 2 years.

Article 20 the feed and feed additives sold out of the factory shall be packaged, and the packaging shall comply with the relevant safety and health regulations of the state.

The feed directly sold by feed production enterprises to farmers can be transported by canned vehicles. The tanker shall comply with the relevant safety and health regulations of the state, and shall be attached with a label in accordance with the provisions of Article 21 of these regulations.

The packages of inflammable or other special feeds and feed additives shall be provided with warning signs or instructions, and the precautions for storage and transportation shall be indicated.

Article 21 labels shall be attached to the packages of feed and feed additives. The label shall indicate the product name, raw material composition, guaranteed value of product composition analysis, net weight or net content, storage conditions, instructions for use, precautions, production date, shelf life, manufacturer's name and address, license document number and product quality standard in Chinese or applicable symbols. Where a drug feed additive is added, the words "add drug feed additive" shall also be marked, and its general name, content and withdrawal period shall be marked. Animal derived feed other than milk and dairy products shall also be marked with the words "this product shall not feed ruminants".

Article 22 operators of feed and feed additives shall meet the following conditions:

（1） Having business premises and storage facilities suitable for the operation of feed and feed additives;

（2） Have technicians with knowledge of feed and feed additive use and storage;

（3） There are necessary product quality management and safety management systems.

Article 23 when purchasing feed and feed additives, operators shall check the product labels, product quality inspection certificates and corresponding license documents.

Operators of feeds and feed additives shall not unpack or repack feeds and feed additives, and shall not reprocess feeds and feed additives or add any substances.

It is prohibited to operate feed produced with any substance other than the catalogue of feed raw materials, the catalogue of feed additives and the catalogue of drug feed additives published by the competent agricultural administrative department under the State Council.

The operators of feed and feed additives shall establish a product purchase and sales account, and truthfully record the name of the purchased and sold products, the number of license documents, specifications, quantity, shelf life, the name of the manufacturer or supplier and its contact information, purchase and sales time, etc. The storage period of purchase and sales account shall not be less than 2 years.

Article 24 feed and feed additives exported to China shall be packaged, which shall comply with China's relevant safety and health regulations, and shall be attached with labels in accordance with the provisions of Article 21 of these regulations.

The feed and feed additives exported to China shall meet the requirements of China's inspection and quarantine. The entry-exit inspection and quarantine institution shall carry out inspection and quarantine according to law, and verify their packaging and labels. Those whose packages and labels do not meet the requirements shall not enter the country.

Overseas enterprises shall not directly sell feed and feed additives in China. Where an overseas enterprise sells feed and feed additives in China, it shall establish a sales organization within China according to law or entrust qualified agents within China to sell.

Article 25 breeders shall use feed in accordance with the product instructions and precautions. Where feed additives are added to feed or animal drinking water, they shall comply with the requirements of the instructions and precautions for the use of feed additives, and comply with the norms for the safe use of feed additives formulated by the competent agricultural administrative department under the State Council.

If farmers use self prepared feed, they shall abide by the norms for the use of self prepared feed formulated by the competent agricultural administrative department under the State Council, and shall not provide self prepared feed to outsiders.

Whoever uses restricted substances to breed animals shall abide by the restrictive provisions of the competent agricultural administrative department under the State Council. It is prohibited to add substances banned by the competent agricultural administrative department of the State Council and other substances with direct or potential harm to human body to feed and animal drinking water, or directly use the above substances to breed animals. It is prohibited to add animal derived ingredients other than milk and dairy products to ruminant feed.

Article 26 The competent agricultural administrative department of the State Council and the feed administration departments of the local people's governments at or above the county level shall strengthen the publicity of the quality and safety knowledge of feed and feed additives, improve the quality and safety awareness of farmers, and guide farmers to use feed and feed additives safely and reasonably.

Article 27 If feed and feed additives are proved to be harmful to breeding animals, human health or the environment in the process of use, the competent agricultural administrative department under the State Council shall decide to ban them and publish them.

Article 28 If a feed or feed additive production enterprise finds that the feed or feed additive it produces is harmful to the breeding animals and human health or there are other potential safety hazards, it shall immediately stop production, notify the operators and users, report to the feed administration department, take the initiative to recall the products, and record the recall and notification. The recalled products shall be harmlessly treated or destroyed under the supervision of the feed administration department.

If the operators of feed and feed additives find that the feed and feed additives they sell are under the circumstances specified in the preceding paragraph, they shall immediately stop selling, notify the production enterprises, suppliers and users, report to the feed administration department and record the notification.

If the breeder finds that the feed and feed additives he uses fall under the circumstances specified in the first paragraph of this article, he shall immediately stop using them, notify the supplier and report to the feed administration department.

Article 29 it is prohibited to produce, market and use new feed and new feed additives without obtaining new feed and new feed additive certificates, as well as banned feed and feed additives.

It is forbidden to operate or use feeds and feed additives without product labels, production licenses, product quality standards or product quality inspection certificates. It is prohibited to operate or use feed additives and additive premixed feed without product approval number. It is prohibited to operate or use imported feed and feed additives that have not obtained the import registration certificate of feed and feed additives.

Article 30 it is prohibited to explain or publicize feeds and feed additives that can prevent or treat animal diseases. However, if drug feed additives are added to the feed, the function of the added drug feed additives can be explained.

Article 31 The competent administrative department of agriculture under the State Council and the feed administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, in accordance with their functions and powers, monitor the quality and safety of feed and feed additives throughout the country or their respective administrative regions, and issue early warning information on the quality and safety of feed and feed additives according to the monitoring.

Article 32 The competent agricultural administrative department under the State Council and the feed administration department of the local people's government at or above the county level shall, according to needs, regularly or irregularly organize the supervision and random inspection of feed and feed additives; The supervision, random inspection and testing of feed and feed additives shall be undertaken by the competent agricultural administrative department under the State Council or the institutions with corresponding technical conditions designated by the feed administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government. No fees shall be charged for the supervision and random inspection of feed and feed additives.

The competent agricultural administrative department under the State Council and the feed administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall publish the results of supervision and random inspection according to their functions and powers, and may publish the list of feed and feed additive manufacturers and operators with bad records.

Article 33 the feed administration departments of the local people's governments at or above the county level shall establish files for the supervision and administration of feed and feed additives, and record the daily supervision and inspection, investigation and punishment of illegal acts, etc.

Article 34 The competent agricultural administrative department under the State Council and the feed administration department of the local people's government at or above the county level may take the following measures in supervision and inspection:

（1） Carry out on-site inspection on the production, operation and use sites of feed and feed additives;

（2） Consult and copy relevant contracts, bills, account books and other relevant materials;

（3） Seal up and detain the feed raw materials, single feed, feed additives, pharmaceutical feed additives and premixed feed additives used in the illegal production of feed, the raw materials used in the illegal production of feed additives, the tools and facilities used in the illegal production of feed and feed additives, and the feed and feed additives illegally produced, operated and used;

（4） Seal up places that illegally produce and operate feed and feed additives.

Chapter IV Legal Liability

Article 35 If the competent administrative department of agriculture under the State Council, the feed administration department of the local people's government at or above the county level or other departments exercising the power of supervision and administration in accordance with these regulations and their staff members fail to perform their duties as stipulated in these regulations, abuse their powers, neglect their duties or engage in malpractices for personal gain, the directly responsible persons in charge and other directly responsible persons shall be punished, Give punishment according to law; If the person in charge and other persons directly responsible constitute a crime, they shall be investigated for criminal responsibility according to law.

Article 36 Where a license certificate is obtained by providing false materials, samples or other deceptive means, the license issuing authority shall revoke the relevant license certificate and impose a fine of not less than 50000 yuan but not more than 100000 yuan. The applicant shall not apply for administrative license for the same matter within three years. Anyone who obtains the license certificate by deception and causes losses to others shall be liable for compensation according to law.

Article 37 in case of counterfeiting, forging or trading license documents, the agricultural administrative department under the State Council or the feed administration department of the local people's government at or above the county level shall, according to their functions and powers, confiscate or revoke the relevant license documents; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 38 Whoever produces feed or feed additives without obtaining a production license shall be ordered by the feed administration department of the local people's government at or above the county level to stop production, and the illegal income, illegally produced products, feed raw materials used in the illegal production of feed, single feed, feed additives, pharmaceutical feed additives For premixed feed with additives and raw materials used for illegal production of feed additives, if the value of illegally produced products is less than 10000 yuan, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed; if the value of products is more than 10000 yuan, a fine of not less than 5 times but not more than 10 times the value shall be imposed; If the circumstances are serious, the production equipment shall be confiscated, and the main person in charge and the directly responsible person in charge of the production enterprise shall not engage in the production and business activities of feed and feed additives within 10 years.

Those who have obtained a production license but no longer meet the conditions specified in Article 14 of these regulations and continue to produce feed and feed additives shall be ordered by the feed administration department of the local people's government at or above the county level to stop production, make corrections within a time limit and impose a fine of not less than 10000 yuan but not more than 50000 yuan; If it fails to make corrections within the time limit, the issuing authority shall revoke its production license.

Those who have obtained the production license but produce feed additives or premixed feed without obtaining the product approval number shall be ordered to stop production by the feed administration department of the local people's government at or above the county level, and the illegal income, illegally produced products and feed raw materials, single feed, feed additives Pharmaceutical feed additives and raw materials used in the illegal production of feed additives shall apply for the product approval number within a time limit and be fined not less than one time but not more than three times the value of the illegally produced products; If the circumstances are serious, the license issuing authority shall revoke the production license.

Article 39 Where an enterprise producing feed or feed additives commits any of the following acts, the feed administration department of the local people's government at or above the county level shall order it to make corrections, confiscate its illegal income, illegally produced products and feed raw materials, single feed, feed additives, pharmaceutical feed additives For premixed feed with additives and raw materials used for illegal production of feed additives, if the value of illegally produced products is less than 10000 yuan, a fine of not less than 10000 yuan but not more than 50000 yuan shall be imposed; if the value of products is more than 10000 yuan, a fine of not less than 5 times but not more than 10 times the value shall be imposed; If the circumstances are serious, the license issuing authority shall revoke or revoke the relevant license certificates, and the main person in charge and the directly responsible person in charge of the production enterprise shall not engage in the production and business activities of feed and feed additives within 10 years; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Using restricted feed raw materials, single feed, feed additives, pharmaceutical feed additives and premixed feed additives to produce feed, failing to comply with the restrictive provisions of the competent agricultural administrative department of the State Council;

（2） Using substances other than the catalogue of feed raw materials, the catalogue of feed additives and the catalogue of drug feed additives published by the competent agricultural administrative department of the State Council to produce feed;

（3） Producing new feed or new feed additive without obtaining new feed or new feed additive certificate or banned feed or feed additive.

Article 40 Where a feed or feed additive production enterprise commits any of the following acts, the feed administration department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10000 yuan but not more than 20000 yuan; If they refuse to make corrections, their illegal income, illegally produced products and feed raw materials used in illegally produced feed, single feed, feed additives, pharmaceutical feed additives, premixed feed additives and raw materials used in illegally produced feed additives shall be confiscated, and a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to stop production, and the license issuing authority may revoke or revoke the relevant license certificates:

（1） Failing to inspect or inspect the purchased feed raw materials, single feed, feed additives, pharmaceutical feed additives, additive premixed feed and raw materials used in the production of feed additives in accordance with the provisions and relevant standards of the competent agricultural administrative department of the State Council;

（2） Failing to comply with the standards for the quality and safety management of feed and feed additives and the standards for the safe use of feed additives formulated by the competent agricultural administrative department of the State Council in the production of feed and feed additives;

（3） The feed and feed additives produced fail to pass the product quality inspection.

Article 41 If a feed or feed additive production enterprise fails to implement the procurement, production and sales record system or the product sample observation system in accordance with the provisions of these regulations, the feed administration department of the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10000 yuan but not more than 20000 yuan; If he refuses to make corrections, his illegal income, illegally produced products and feed raw materials used for illegally produced feed, single feed, feed additives, pharmaceutical feed additives, premixed feed additives and raw materials used for illegally produced feed additives shall be confiscated, and he shall be fined not less than 20000 yuan but not more than 50000 yuan, and the relevant license certificates may be revoked or revoked by the license issuing authority.

If the feed or feed additive sold by the feed or feed additive production enterprise is not attached with the product quality inspection certificate or the packaging and label do not meet the provisions, the feed administration department of the local people's government at or above the county level shall order it to make corrections; If the circumstances are serious, the illegal income and illegally sold products shall be confiscated, and a fine of less than 30% of the value of the illegally sold products may be imposed.

Article 42 those who do not meet the conditions specified in Article 22 of these regulations and engage in feed and feed additives shall be ordered by the feed administration department of the people's government at the county level to make corrections within a time limit; If it fails to make corrections within the time limit, the illegal income and products illegally operated shall be confiscated. If the value of the products illegally operated is less than 10000 yuan, it shall also be fined not less than 2000 yuan but not more than 20000 yuan. If the value of the products is more than 10000 yuan, it shall also be fined not less than 2 times but not more than 5 times the value of the products; If the circumstances are serious, it shall be ordered to stop operation and notify the administrative department for Industry and commerce, which shall revoke its business license.

Article 43 If a business operator of feed or feed additives commits any of the following acts, the feed administration department of the people's government at the county level shall order it to make corrections, confiscate the illegal income and the products illegally operated. If the value of the products illegally operated is less than 10000 yuan, it shall also be fined not less than 2000 yuan but not more than 20000 yuan. If the value of the products is more than 10000 yuan, it shall also be fined not less than 2 times but not more than 5 times the value of the products; If the circumstances are serious, it shall be ordered to stop its business and notify the administrative department for Industry and commerce, which shall revoke its business license; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Reprocessing feed or feed additives or adding substances;

（2） Operating feeds and feed additives without product labels, production licenses or product quality inspection certificates;

（3） Operating feed additives and premixed feed additives without product approval number;

（4） Operating feeds produced with substances other than the catalogue of feed raw materials, the catalogue of feed additives and the catalogue of drug feed additives published by the competent agricultural administrative department of the State Council;

（5） Operating new feed and new feed additives without new feed and new feed additive certificates, or imported feed and imported feed additives without feed and feed additive import registration certificates, as well as banned feed and feed additives.

Article 44 Where a business operator of feed or feed additives commits any of the following acts, the feed administration department of the people's government at the county level shall order it to make corrections, confiscate its illegal income and illegally operated products, and impose a fine of not less than 2000 yuan but not more than 10000 yuan:

（1） Unpacking and repacking feed and feed additives;

（2） Failing to implement the product purchase and sales account system in accordance with the provisions of these regulations;

（3） The fodder and feed additives in operation are invalid, moldy or beyond the shelf life.

Article 45 If the production enterprise does not take the initiative to recall the feed and feed additives specified in Article 28 of these regulations, the feed administration department of the local people's government at or above the county level shall order the recall and supervise the production enterprise to make harmless treatment or destroy the recalled products; If the circumstances are serious, the illegal income shall be confiscated and a fine of not less than one time but not more than three times the value of the products to be recalled shall be imposed. The license issuing authority may revoke or revoke the relevant license documents; If the recalled products are not harmlessly treated or destroyed by the production enterprise, the feed administration department of the people's government at the county level shall destroy them on behalf of the production enterprise, and the necessary expenses shall be borne by the production enterprise.

If the business operator does not stop selling the feed and feed additives specified in Article 28 of these regulations, the feed administration department of the local people's government at or above the county level shall order it to stop selling; If he refuses to stop selling, his illegal income shall be confiscated and a fine of not less than 1000 yuan but not more than 50000 yuan shall be imposed; If the circumstances are serious, it shall be ordered to stop operation and notify the administrative department for Industry and commerce, which shall revoke its business license.

Article 46 If any of the following acts is committed by an enterprise or business operator of feed or feed additives, the feed administration department of the local people's government at or above the county level shall order it to stop its production and operation, confiscate its illegal income and the products illegally produced or operated, and impose a fine of not less than 2000 yuan but not more than 20000 yuan if the value of the products illegally produced or operated is less than 10000 yuan, If the value of goods is more than 10000 yuan, a fine of not less than 2 times but not more than 5 times the value of goods shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） In the process of production and business operation, using non feed or non feed additives as feed or feed additives, or using this kind of feed or feed additives as other kinds of feed or feed additives;

（2） Producing or dealing in feeds and feed additives that have no product quality standards or do not meet the product quality standards;

（3） The feed and feed additives produced and operated are inconsistent with the contents marked on the label.

If a feed or feed additive production enterprise commits the acts specified in the preceding paragraph and the circumstances are serious, the license issuing authority shall revoke or revoke the relevant license certificates; If a business operator of feed or feed additives commits any of the acts specified in the preceding paragraph and the circumstances are serious, it shall notify the administrative department for Industry and commerce, which shall revoke its business license.

Article 47 If a breeder commits any of the following acts, the feed administration department of the people's government at the county level shall confiscate the illegally used products and illegally added substances, impose a fine of not less than 10000 yuan but not more than 50000 yuan on the unit and not more than 5000 yuan on the individual; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Using new feed or new feed additive without new feed or new feed additive certificate, or imported feed or imported feed additive without feed or feed additive import registration certificate;

（2） Using feeds and feed additives without product labels, production licenses, product quality standards or product quality inspection certificates;

（3） Using feed additives and premixed feed additives without product approval number;

（4） Adding feed additives to feed or animal drinking water, failing to comply with the norms for the safe use of feed additives formulated by the competent agricultural administrative department under the State Council;

（5） The use of self prepared feed does not comply with the use specifications of self prepared feed formulated by the competent agricultural administrative department under the State Council;

（6） Using restricted substances to breed animals, failing to abide by the restrictive provisions of the competent agricultural administrative department under the State Council;

（7） Adding animal derived ingredients other than milk and dairy products to ruminant feed.

If the banned substances and other substances that have direct or potential harm to human body are added to the feed or animal drinking water, or the above substances are directly used to breed animals, the feed administration department of the local people's government at or above the county level shall order them to make harmless treatment of the animals fed with the prohibited substances, Impose a fine of not less than 30000 yuan but not more than 100000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 48 Where a breeder provides feed prepared by himself to others, the feed administration department of the people's government at the county level shall order it to make corrections and impose a fine of not less than 2000 yuan but not more than 20000 yuan.

Chapter V supplementary provisions

Article 49 the meanings of the following terms in these Regulations:

（1） Feed raw materials refer to feed materials derived from animals, plants, microorganisms or minerals and used for processing and making feed, but do not belong to feed additives.

（2） Single feed refers to the feed derived from an animal, plant, microorganism or mineral and used for the production of feed products.

（3） Additive premixed feed refers to the feed mainly composed of two or more nutritional feed additives and prepared in a certain proportion with carrier or diluent, including compound premixed feed, trace element premixed feed and vitamin premixed feed.

（4） Concentrated feed refers to the feed mainly prepared by protein, minerals and feed additives in a certain proportion.

（5） Compound feed refers to the feed prepared with a variety of feed raw materials and feed additives in a certain proportion according to the nutritional needs of cultured animals.

（6） Concentrate supplement refers to the feed prepared with a variety of feed raw materials and feed additives in a certain proportion to supplement the nutrition of herbivores.

（7） Nutritive feed additives refer to a small amount or trace substances added into the feed to supplement the nutritional components of the feed, including feed grade amino acids, vitamins, minerals, trace elements, enzyme preparations, non protein nitrogen, etc.

（8） General feed additives refer to a small amount or trace amount of substances added into feed to ensure or improve feed quality and improve feed utilization.

（9） Pharmaceutical feed additives refer to the premixed substances of Veterinary Drugs mixed with carriers or diluents for the prevention and treatment of animal diseases.

（10） The license certificate refers to the certificate of new feed and new feed additives, the import registration certificate of feed and feed additives, the production license of feed and feed additives, and the approval number of feed additives and premixed feed products.

Article 50 the administration of pharmaceutical feed additives shall be carried out in accordance with the provisions of the regulations on the administration of veterinary drugs.

Article 51 these Regulations shall enter into force as of May 1, 2012.