Regulation on the Prevention and Control of Pollution from Large-scale Breeding of Livestock and Poultry

Regulation on the Prevention and Control of Pollution from Large-scale Breeding of Livestock and Poultry Order of the State Council of the People's Republic of China (No. 643) The Regulation on the Prevention and Control of Pollution from Large-scale Breeding of Livestock and Poultry, as adopted at the 26th executive meeting of the State Council on October 8, 2013, is hereby issued and shall come into force on January 1, 2014. Premier: Li Keqiang November 11, 2013 Regulation on the Prevention and Control of Pollution from Large-scale Breeding of Livestock and Poultry Chapter I General Provisions Article 1 This Regulation is formulated to prevent and control pollution from livestock and poultry breeding, boost the comprehensive utilization and harmless treatment of livestock and poultry wastes, protect and improve environment, guarantee the physical health of the general public, and promote the sustainable and healthy development of the livestock husbandry. Article 2 This Regulation shall apply to the prevention and control of pollution from breeding in livestock and poultry farms and breeding areas. The scale standards for livestock and poultry farms and breeding areas shall be determined in accordance with the status of development of the livestock husbandry and the requirements of prevention and control of pollution from livestock and poultry breeding. This Regulation shall not apply to the prevention and control of pollution from grazing and breeding in pasturing areas. Article 3 The prevention and control of pollution from livestock and poultry breeding shall take an overall consideration of the needs for protecting environment and promoting the development of the livestock husbandry, adhere to the principle of “focusing on prevention and combining prevention with control”, and make overall plans and reasonable arrangements, conduct comprehensive utilization and give encouragement and guidance. Article 4 The people's governments at all levels shall strengthen the organization and leadership of the prevention and control of pollution from livestock and poultry breeding, take effective measures to increase capital investments, and support the prevention and control of pollution from livestock and poultry breeding and the comprehensive utilization of livestock and poultry wastes. Article 5 The environmental protection departments of the people's government at or above the county level shall be responsible for the unified supervision and administration of the prevention and control of pollution from livestock and poultry breeding. The agriculture and animal husbandry departments of the people's governments at or above the county level shall be responsible for guiding and serving the comprehensive utilization of livestock and poultry wastes. The administrative departments of circular economy development of the people's governments at or above the county level shall be responsible for organizing and coordinating the work concerning the circular economy of livestock and poultry breeding. Other relevant departments of the people's governments at or above the county level shall, according to the provisions of this Regulation and their respective responsibilities, undertake the relevant work concerning the prevention and control of pollution from livestock and poultry breeding. The people's governments at the township level shall assist the relevant departments in effectively conducting the prevention and control of pollution from livestock and poultry breeding within their respective administrative regions. Article 6 Those engaging in the livestock and poultry breeding as well as the comprehensive utilization and harmless treatment of livestock and poultry wastes shall comply with the requirements of the state for the prevention and control of pollution from livestock and poultry breeding, and be subject to the supervision and inspection by the competent authorities according to law. Article 7 The state shall encourage and support the scientific and technological research and equipment research and development for the prevention and control of pollution from livestock and poultry breeding and the comprehensive utilization and harmless treatment of livestock and poultry wastes. The people's governments at all levels shall support the promotion of advanced and applicable technologies, and promote the improvement of the prevention and control of pollution from livestock and poultry breeding. Article 8 All entities and individuals are entitled to report the violations of this Regulation to the environmental protection departments and other departments of the people's governments at or above the county level. The departments that receive such reports shall immediately conduct investigation and handle the violations. The entities and individuals that have made outstanding contributions to the prevention and control of pollution from livestock and poultry breeding shall be commended and rewarded in accordance with the relevant provisions of the state. Chapter II Prevention Article 9 The agriculture and animal husbandry departments of the people's governments at or above the county level shall prepare the livestock husbandry development plans, and report such plans to the people's government at the same level or the departments authorized by them for approval and implementation. Livestock husbandry development plans shall take an overall consideration of the environmental carrying capacity and the requirements of the prevention and control of pollution from livestock and poultry breeding, make rational layout, and scientifically determine the varieties, scale and total quantity of livestock and poultry breeding. Article 10 The environmental protection departments of the people's governments at or above the county level shall, in conjunction with the agriculture and animal husbandry departments, prepare the plans for the prevention and control of pollution from livestock and poultry breeding, and report such plans to the people's government at the same level or the departments authorized by them for approval and implementation. The plans for the prevention and control of pollution from livestock and poultry breeding shall be integrated with livestock husbandry development plans, take an overall consideration of the production layout of livestock and poultry breeding, specify the objectives, tasks and key areas of the prevention and control of pollution from livestock and poultry breeding, clarify the construction of key pollution control facilities and such pollution prevention and control measures as comprehensive utilization of wastes. Article 11 It is forbidden to construct livestock and poultry farms and breeding areas within the following areas: (1) Conservation areas of drinking water sources and scenic spots. (2) Core areas and buffer areas of natural protection areas. (3) Areas of urban residents, areas of culture, education and scientific research, and other population intensive areas. (4) Other breeding-prohibited areas as prescribed by laws and regulations. Article 12 The new construction, reconstruction and expansion of livestock and poultry farms and breeding areas shall comply with the livestock husbandry development plans and the plans for the prevention and control of pollution from livestock and poultry breeding, satisfy the conditions for animal epidemic prevention, and conduct environmental impact assessment. The large-scale livestock and poultry farms and breeding areas which may have a major impact on environment shall prepare environmental impact reports, and other livestock and poultry farms and breeding areas shall fill out environmental impact registration forms. The management catalogues for large-scale livestock and poultry farms and breeding areas shall be determined by the competent department on environmental prot......