Animal Husbandry Law of the People's Republic of China (2022 Revision)

Animal Husbandry Law of the People's Republic of China (2022 Revision)

Order of the President of the People's Republic of China

(No. 124)

The Animal Husbandry Law of the People's Republic of China, as revised and adopted at the 37th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 30, 2022, is hereby issued, and shall come into force on March 1, 2023.

Xi Jinping, President of the People's Republic of China
October 30, 2022

Animal Husbandry Law of the People's Republic of China

(Adopted at the 19th Session of the Standing Committee of the 10th National People's Congress of the People's Republic of China on December 29, 2005; amended in accordance with the Decision on Amending Five Laws Including the Metrology Law of the People's Republic of China adopted at the 14th Session of the Standing Committee of the Twelfth National People's Congress on April 24, 2015; revised at the 37th Session of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022)
Contents
Chapter I General Provisions
Chapter II Protection of the Genetic Resources of Livestock and Poultry
Chapter III Selection, Production and Business Operation of Species of Breeding Livestock and Poultry
Chapter IV Breeding of Livestock and Poultry
Chapter V Grassland Animal Husbandry
Chapter VI Trading and Transport of Livestock and Poultry
Chapter VII Livestock and Poultry Slaughter
Chapter VIII Guarantee and Supervision
Chapter IX Legal Liability
Chapter X Supplemental Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of regulating the production and business operations of stockbreeding, ensuring the supply, quality and safety of livestock and poultry products, protecting and reasonably utilizing the genetic resources of livestock and poultry, breeding and promoting fine breeds of livestock and poultry, revitalizing the livestock and poultry industry, protecting the legitimate rights and interests of the stockbreeding producers and business operators, preventing public health risks, and promoting the high-quality development of stockbreeding.

Article 2 This Law shall apply to the protection, utilization, breeding, rearing, business operations, transport, and slaughter of the genetic resources of livestock and poultry within the People's Republic of China.
The “livestock and poultry” as mentioned in this Law refers to those included in the list of genetic resources of livestock and poultry that shall be announced in accordance with Article 12 of this Law.
The protection, utilization, production, and business operation of bee and silkworm resources shall be governed by this Law.

Article 3 The state shall support the development of livestock and give full play to the role of the livestock in the development of agriculture, rural economy, and increase of breeders' income.
The people's governments at or above the county level shall incorporate the development of animal husbandry into national economic and social development plans, strengthen the construction of the basic facilities for stockbreeding, encourage and support the development of large-scale, standard, and intelligent breeding, promote the combination of planting and breeding and circular and green development of plant and animal husbandry, push forward the industrialized operations of stockbreeding, promote the comprehensive production capacity and develop stockbreeding into a safe, high-quality, highly efficient, and eco-friendly industry.
The state shall help and support the development of the stockbreeding industry in areas of ethnic and underdeveloped areas, protect and reasonably utilize the pastures and improving the production conditions for stockbreeding.

Article 4 The state shall take measures to foster professional stockbreeding and veterinary talents, strengthen the monitoring of livestock and poultry diseases and the development of livestock and poultry vaccine, improve the primary animal husbandry and veterinary technology promotion system, develop the research on and popularization of stockbreeding and veterinary science and technology, improve animal husbandry standards, carry out the education and publicity of scientific and technological knowledge of stockbreeding and veterinary as well as services of stockbreeding and veterinary information, and push forward the scientific and technological progress and innovations of the stockbreeding industry.

Article 5 The agriculture and rural affairs department of the State Council shall be responsible for the stockbreeding supervision and administration throughout the country. The agriculture and rural affairs departments of the people's governments at or above the county level shall be responsible for the stockbreeding supervision and administration within their respective administrative area.
The relevant competent departments of the people's governments at or above the county level shall, according to their respective functions, be responsible for promoting the development of stockbreeding.

Article 6 The agriculture and rural affairs department of the State Council shall offer guidance to the producers and business operators of stockbreeding to improve the conditions and environment for the breeding, rearing, transport, and slaughter of livestock and poultry.

Article 7 People's governments at all levels and relevant departments shall strengthen the publicity about laws and regulations related to the animal husbandry industry.
Entities and individuals who have made remarkable achievements in the development of animal husbandry industry shall be commended and rewarded in accordance with relevant provisions issued by the state.

Article 8 The producers and business operators of stockbreeding may establish industrial associations on their own initiatives so as to provide the members with information, technology, marketing and training services, to intensify the industrial self-discipline and to protect the interests of the members and the whole sector.

Article 9 The producers and business operators of stockbreeding shall perform the obligations to prevent animal diseases and to protect the ecology and environment, and shall accept the supervision and inspection conducted by the relevant competent organs in accordance with the law.

Chapter II Protection of the Genetic Resources of Livestock and Poultry

Article 10 The state shall establish a system for the protection of the genetic resources of livestock and poultry and conduct work such as investigating, protecting, authenticating, identifying, registering, monitoring, and utilizing resources. The people's governments at all levels shall take measures to intensify the protection of the genetic resources of livestock and poultry, and shall incorporate the relevant expenses in the budget.
Livestock and poultry genetic resources shall be protected with a dominance of the state, diverse participation, and adherence to the principle of prioritizing protection and efficient utilization, by classification, by grade.
The state shall encourage and provide support for relevant entities and individuals to develop undertakings of protecting livestock and poultry genetic resources in accordance with the law, and encourage and provide support for higher education institutions, scientific research institutions, 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 agriculture and rural affairs department of the State Council shall establish the National Commission for the Livestock and Poultry Genetic Resources, which shall consist of professionals, and shall be responsible for the appraisal and evaluation of genetic resources of livestock and poultry as well as the examination and approval of new species and genetic improvement system, and shall carry out the demonstration of the plan on the protection and utilization of livestock and poultry genetic resources, as well as the consultation regarding the protection of livestock and poultry genetic resources.

Article 12 The agriculture and rural affairs department of the State Council shall be responsible for regularly organizing the investigation of livestock and poultry genetic resources, releasing national reports about the status of livestock and poultry genetic resources and publishing the list of livestock and poultry genetic resources approved by the State Council.
Tame animals resulting from domestication and selective breeding, with stable phenotypic traits, of an acceptable breed, of which the population is of a certain size, which reproduce independently of wild populations may be included in the list of livestock and poultry genetic resources.

Article 13 The agriculture and rural affairs department of the State Council shall, according to the distribution of the livestock and poultry genetic resources, formulate, adjust, and announce the national protection list of livestock and poultry genetic resources, and lay the emphasis on the protection of the valuable, rare and endangered livestock and poultry genetic resources originated from China.
The agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the plan on the protection and utilization of livestock and poultry genetic resources as well as the status of the livestock and poultry genetic resources within their respective administrative area, set forth, adjust, and publish the provincial protection list of the livestock and poultry genetic resources, submit it to the agriculture and rural affairs department of the State Council for archival purposes, and strengthen protection for local livestock and poultry genetic resources.

Article 14 The agriculture and rural affairs department of the State Council shall, according to the national plan on the protection and utilization of livestock and poultry genetic resources as well as the protection list of livestock and poultry genetic resources at the state level, or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, according to the provincial protection list of livestock and poultry genetic resources, respectively establish or determine breeding protection places, areas and gene databases of livestock and poultry genetic resources, and shall undertake the task of protection of the livestock and poultry genetic resources.
Without approval of the agriculture and rural affairs department of the State Council or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, no breeding protection place, protection area or gene database of livestock and poultry genetic resources funded by the Central Finance and provincial finance may dispose of any livestock or poultry genetic resource under protection.
A gene database of livestock and poultry genetic resources shall, according to the provisions of the agriculture and rural affairs department of the State Council or the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, regularly gather and update the livestock and poultry genetic materials. The relevant entities and individuals shall offer assistance in the building of the gene databases of livestock and poultry genetic resources by gathering livestock and poultry genetic materials and may be entitled to obtain reasonable economic compensation.
The local people's governments at or above the county level shall guarantee the satisfaction of the demand for land for breeding protection places and gene databases for livestock and poultry genetic resources. Closure or relocation, if indeed necessary, shall be subject to the approval of the original establishment or determination authority, and proper arrangements shall be made in accordance with the principle of construction before demolition, in the case of relocation.
The administrative measures for the breeding protection places, protection areas and gene databases shall be formulated by the agriculture and rural affairs department of the State Council.

Article 15 Before a newly found livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry Genetic Resources, the agriculture and rural affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate a protection plan, take temporary protection measures and report it to the agriculture and rural affairs department of the State Council for archival purposes.

Article 16 Where a livestock or poultry genetic resource is to be imported from abroad, an application shall be filed with the agriculture and rural affairs department of the people's government of the province, autonomous region, or municipality directly under the Central Government. The agriculture and rural affairs department that accepts this application shall, upon examination, report it to the agriculture and rural affairs department of the State Council for evaluation, argumentation and approval, unless there are otherwise provisions of the State Council regarding the approval authority. If the application is approved, the relevant formalities shall be gone through and the livestock and poultry genetic resource shall be quarantined in pursuance of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine.
Where it is found that a livestock or poultry genetic resource imported from abroad is harmful to or is likely to be harmful to the livestock or poultry resources or to the ecological environment within China, the agriculture and rural affairs department of the State Council shall, in consultation with the relevant competent organ, take corresponding safety control measures in a timely manner.

Article 17 The state shall have sovereignty over livestock and poultry genetic resources. Where any livestock or poultry genetic resource included in the protection list is to be exported from China or is to be researched and utilized within China in cooperation with any foreign institution or individual, the applicant shall file an application with the agriculture and rural affairs department of the people's government of the province, autonomous region, or municipality directly under the Central Government and shall simultaneously put forward a plan on sharing the benefits with the state. The agriculture and rural affairs department that accepts the application shall, upon examination, submit them to the agriculture and rural affairs department of the State Council for approval.
Where any livestock or poultry genetic resource is to be exported from China, the relevant formalities shall be completed and the livestock or poultry genetic resource shall be quarantined in accordance with the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine.
Before a newly found livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry Genetic Resources, it shall not be exported from China nor be researched and utilized within China in cooperation with any foreign institution or individual.

Article 18 The measures for the examination and approval of the entry and exit as well as the foreign-related cooperative research and utilization of livestock and poultry genetic resources shall be formulated by the State Council.

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

Article 19 In order to establish and improve a system for breeding improved species of livestock and poultry, the state shall support the selection of species of livestock and poultry, implement the national livestock and poultry genetic improvement plan, and support the popularization and use of fine breeds and shall back the enterprise, colleges and universities, scientific and research institutions and technology popularization entities to carry out joint breeding.
The people's governments at or above the county level shall support the development and utilization of breeds included in the protection list of livestock and poultry genetic resources, so as to increase the supply of characteristic livestock and poultry products and meet diversified consumer demands.

Article 20 The state shall encourage and support independent innovation in the livestock and poultry breed industry, strengthen research on breeding technologies, and support the development of innovative enterprises that combine selective breeding and production operations.

Article 21 Before any newly bred species of livestock or poultry, genetic improvement system, or newly found livestock or poultry genetic resource is sold and popularized, it shall be subject to examination and approval or appraisal by the National Commission for Livestock and Poultry Genetic Resources, and it shall be announced by the agriculture and rural affairs department of the State Council. The measures for the examination and approval of newly bred species, the genetic improvement system of livestock and poultry, and the measures for the appraisal of livestock and poultry genetic resources shall be formulated by the agriculture and rural affairs department of the State Council. The fees for the experiment or testing necessary for examination and approval or appraisal shall be paid by the applicant.
The legitimate rights and interests of the breeders of new species and genetic improvement system of livestock and poultry shall be protected by law.

Article 22 The introduction, breeding, experiment, examination, approval and popularization of species of genetic-modified livestock and poultry shall be in line with the provisions of the state on the biosecurity administration of agricultural genetic-modified organisms.

Article 23 A stockbreeding and veterinary technology popularization institution at the province level or above shall monitor the quality of breeding livestock, register fine breeding livestock and recommend fine breeding livestock to the general public. The rules on the register of breeding livestock shall be formulated by the agriculture and rural affairs department of the State Council.

Article 24 To engage in the production and business operation of breeding livestock and poultry or in the production and distribution of young commercial livestock and poultry, an entity or individual shall obtain a permit for the production and business operation of breeding livestock and poultry.
To apply for a permit for the production and business operation of breeding livestock and poultry, an applicant shall meet the following conditions:
(1) The breeding livestock and poultry for production and business operations fall within the species or genetic improvement system as examined and approved or appraised by the National Commission for Livestock and Poultry Genetic Resources, or shall fall within the species or genetic improvement system as imported from abroad upon approval;
(2) Having the stockbreeding and veterinary technicians that can meet the needs of production and business operations;
(3) Having the breeding facilities and equipment that can meet the needs of production and business operations;
(4) Satisfying the livestock and poultry disease prevention conditions as described in the laws, administrative regulations, as well as the provisions of the agriculture and rural affairs department of the State Council;
(5) Having a sound quality man......