Laws and regulations
Decree of Tianjin Municipal People's Government
No. 104
The Measures of Tianjin Municipality for Management of Domestic Animal and Poultry Raising was adopted at the 72nd Executive Meeting of the Municipal People's Government on 19 June 2006 and is hereby promulgated. The Measures shall go into effect as from 1 August 2006
Dai Xianglong, Mayor
23 June 2006
Measures of Tianjin Municipality for Management of Domestic Animal and Poultry Raising
Chapter I General Provisions
Article 1 These Measures are enacted in accordance with the Animal Husbandry Law of the People's Republic of China and other related laws and regulations and with the actual situation of this Municipality with the purpose of standardizing acts of raising domestic animals and poultry, preventing domestic animals and poultry from epidemics, preventing the remnants of toxic and harmful elements in the animals from affecting the humans, preventing pollution caused by animal husbandry and promoting a coordinate, ordered and sustainable development in domestic animal and poultry industry.
Article 2 These Measures shall apply to the planning and arrangement for areas for and the acts of raising domestic animals and poultry in the areas under the jurisdiction of this Municipality.
The term “domestic animals and poultry” mentioned in these Measures refers to the domestically raised terrestrial animals that are capable of reproducing more than three generations in the condition of domestication for economic purposes, including pig, cow, sheep, horse, donkey, camel, mule, deer, rabbit, dog, chicken, duck, goose, turkey, dove, quail, partridge, pheasant, ostrich, mink, fox, bee and silkworm.
Where it is otherwise stipulated in State and Municipal regulations in regard of companion animals, pet animals, performing animals or guinea pigs, these regulations shall prevail.
Article 3 People's governments at all levels shall strengthen leadership over management of domestic animal and poultry raising, and work out relevant policies and measures with the aim of gradually achieving intensive production, standardized raising, normalized management and industrialized operation.
Article 4 The Municipal administrative department for animal husbandry and veterinary is in charge of management of domestic animal and poultry raising.
Related district and county administrative departments of animal husbandry and veterinary are in charge of the distribution of domestic animal and poultry farms and supervision over and management of domestic animal and poultry raising, epidemic prevention and treatment in areas under their jurisdiction respectively.
The Municipal, district and county departments concerned shall, in light of their respective functions and duties, exercise supervision over and management of domestic animal and poultry raising according to the law.
Article 5 This Municipality encourages research and popularization of science and technology in domestic animal and poultry raising so as to promote scientific and technological progress in animal husbandry.
Chapter II Planning and Distribution
Article 6 The animal husbandry and poultry raising area of this Municipality is divided into the prohibited area, the controlled area and the permitted area with moderate intensity.
Article 7 The prohibited area refers to areas inside of the Outer Ring Road and other areas where raising of domestic animals and poultry is prohibited as prescribed in laws and regulations.
Article 8 The controlled area refers to areas in Tanggu District, Hangu District, Dagang District, Dongli District, Jinnan District, Xiqing District and Beichen District that lie outside of the prohibited area.
Article 9 The permitted area with moderate intensity refers to areas under the jurisdiction of Wuqing District, Baodi District, Ninghe County and Jinghai County that lie outside of the prohibited area.
Article 10 The exact scope of the prohibited, controlled and permitted area with moderate intensity shall be determined by the district or county people's government of each area and made public.
District and county people's governments shall solicit the opinion of the related departments, trade associations, professional organizations and masses of the people in the process of demarcating the scope of domestic animal and poultry raising areas.
Article 11 It is prohibited to raise domestic animals and poultry in the prohibited area.
In the controlled area the number and scale of domestic animal and poultry farms shall be strictly controlled. It is forbidden to build new small-sized domestic animal and poultry farms and the existing small farms shall be shut down gradually. Where the small farms meet the requirements of environmental protection and epidemic prevention they shall be encouraged to grow into medium-sized or large farms.
In the permitted area with moderate intensity, domestic animal and poultry farms may be built, expanded or renovated. It is encouraged to expand the domestic animal and poultry farms into moderate scale farms.
Article 12 In the prohibited area and the controlled area, people's governments at all levels and related departments shall give breeders help and guidance in developing domestic animal and poultry raising and in readjusting the industry mix in a reasonable way.
Where it is absolutely necessary for a domestic animal and poultry farm to shut down due to policy readjustment, it shall be closed down by the local district or county people's government and due compensation be given. The criteria for evaluation of the loss and compensation shall be worked out by the Municipal animal husbandry and veterinary department in collaboration with related departments.
Chapter III Breeding Administration
Article 13 The domestic animal and poultry farm shall meet the provision on distribution of breeding farms in this Municipality and the related regulations of the State technological standards and possess the conditions stipulated by laws and regulations.
Article 14 The breeding farm of domestic animals and poultry shall file relevant documents at the local animal husbandry and veterinary administrative department on the record. In doing so the farm shall submit the following documents:
(1) A pass certificate of animal epidemic prevention issued by the animal husbandry and veterinary administrative department;
(2) The name, address of the breeding farm and the responsible person and way of contact;
(3) The variety, number and source of the domestic animals and poultry raised at the farm;
(4) The location map, plain map of the breeding farm, floor space, equipment for production, epidemic prevention, and equipment for rendering night soil and waste water harmless;
(5) Number of veterinarys at the breeding farm, their schooling, professional title; and
(6) The system for production management and animal and poultry epidemic prevention.
The animal husbandry and veterinary administrative department shall examine the above-mentioned documents within seven workdays and issue an animal and poultry identification code to the breeding farm that meets the requirements and inform in writing the breeding farm that fails to meet the requirements. The management method of animal and poultry identification codes shall be worked out by the Municipal animal husbandry and veterinary administrative department and made public.
Article 15 Units and individuals that engage in producing and dealing in breeding stock or in producting commodity baby domestic animals or poultry shall obtain the production and business permit for breeding stock of domestic animals and poultry in accordance with the law.
Anyone that engages in production and dealing in eggs, frozen semen and embryo of domestic animals and other hereditary materials shall be examined and approved by the Municipal animal husbandry and veterinary administrative department and reported to the competent department of animal husbandry under the State Council for examination and approval.
The breeding stock animal and poultry farm and station of the parental generation shall be examined by the Municipal animal husbandry and veterinary administrative department and be issued with the production and business permit for the breeding stock of animals and poultry.
Anyone that engages purely in purchase and sale of breeding animal and poultry, egg germination and insemination shall be examined by the local district or county animal husbandry and veterinary administrative department and be issued with the production and business permit for breeding stock of animals and poultry and the case shall be filed at the Municipal animal husbandry and veterinary administrative department on the record.
Article 16 Anyone that engages in domestic animal and poultry raising shall abide by the following stipulations:
(1) Persons raising domestic animals and poultry shall undergo regular physical checkups and persons suffering from illness sufferable by both humans and animals must not be engaged in animal and poultry raising;
(2) It is forbidden to mix and raise land and water poultry, poultry and domestic animals; and
(3) Other acts that violate the stipulations of laws and regulations.
Article 17 Farmers that use courtyard at home to raise small number of domestic animals and poultry shall confine them to pens and act in accordance with instructions from the administrative department for animal husbandry and veterinary.
Article 18 Domestic animal and poultry farms shall follow the technological standards stipulated by the State and the Municipality in the practice, strictly implement the related technological standards for production, set up quality control measures and constantly perfect them and keep a complete record for production and sales.
The Municipal animal husbandry and veterinary administrative department and the quality and technology monitoring department shall set up related local standards for domestic animal and poultry raising and constantly perfect them and organize for their implementation.
Article 19 The domestic animal and poultry farm shall, in compliance with relevant State regulations, maintain a raising archive for each batch of domestic animals and poultry the farm raises. The raising archive shall be faithful and complete and must not be fabricated and shall be kept for more than two years.
Article 20 Domestic animal and poultry farms and farmers shall, in compliance with State regulations, render the sick and dead animals and poultry harmless. It is forbidden to dump, sell or process sick or dead animals and poultry.
Article 21 The pollutants discharged by domestic animal and poultry farms shall meet the State and Municipal standards.
Domestic animal and poultry farms shall set up manure heaps that meet the environmental requirements to collect the night soil produced by animals and poultry. The night soil shall be rendered harmless and effective measures be taken to prevent the night soil from being scattered or overflowing.
Domestic animal and poultry farms must not discharge animal and poultry night soil and waste water directly into water bodies.
Article 22 Domestic animal and poultry farms and individual farmers shall, in compliance with State and Municipal stipulations regarding anti-epidemics, do a good job in the prevention and treatment of epidemics and illness of domestic animals and poultry.
One shall do a good job in immunization in regard of epidemics and illness that the State and Municipality require obligatory immunity and fix a sign to the immunized animals or poultry. No unit or individual shall sell or buy domestic animals and poultry that have not been immunized or carry no immunized signs.
Article 23 Domestic animals and poultry or their derivative products that enter or pass through this Municipality are subject to the inspection, examination, immunization and disinfection by anti-epidemic and monitoring persons from the Municipal animal and animal products check and disinfection station. Those that pass the examination shall be let go and those that fail shall be handled according to relevant regulations.
Chapter IV Legal Responsibilities Article 24 Where anyone sets up a breeding farm in the prohibited area or construct small breeding farms in the controlled area the local district or county people's government shall order him to close it down or move it elsewhere within a specific time limit in accordance with the law. Where he refuses to close it down or move it elsewhere, the latter shall demolish the raising facilities by force.
Article 25 Where anyone, in violation of Item (2) of Article 16 of these Measures, mix and raise water and land poultry, or poultry and domestic animals, the animal husbandry and veterinary administrative department shall order him to make corrections. Where anyone refuses to make corrections the latter shall penalize him with a fine of not more than 20,000 yuan.
Article 26 Where an individual farmer, in violation of stipulations of Article 17 of these Measures, does not raise domesticanimals and poultry in pens, the animal husbandry and veterinary administrative department shall serve the latter a warning and order him to make corrections. Where he refuses to make corrections, it may confiscate the domestic animals he raises and may penalize him with a fine of not more than 10,000 yuan.
Article 27 Where anyone, in violation of the stipulations of Article 20 of these Measures, dumps, sells or processes sick or dead domestic animals and poultry, the animal husbandry and veterinary administrative department shall order him to stop the illegal acts, confiscate the illegally gotten gains and may impose on him a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 28 Where anyone, in violation of stipulations of Article 22 of these Measures sells or purchases domestic animals and poultry that have not been immunized or carry no immunized signs the animal husbandry and veterinary administrative department shall order him to stop the illegal acts and confiscate the illegally gotten gains and may penalize him with a fine or not less than 2,000 yuan but not more than 10,000 yuan.
Article 29 Where anyone in violation of Article 23 of these Measures transports domestic animals, poultry and the derivative product originating from other provinces or municipalities and bypasses the inspection, anti-epidemics and disinfection by the epidemic prevention and monitoring persons from the Municipal animal and animal product check and disinfection station, the animal anti-epidemics and supervison institution shall detain the animals and the derivative products and penalize him with a fine of not less than 2,000 yuan but not more than 30,000 yuan.
The detained domestic animals and poultry that pass the inspection shall be let go. The detained domestic animals and poultry that fail the inspection shall be handled according to the law.
Article 30 Where a functionary of the animal husbandry and veterinary administrative department abuses powers, practices irregularities for selfish gains, neglects duties, the unit he belongs to or the administrative department of the next higher level shall serve him an administrative sanction. Where the case is serious enough to constitute a crime, he shall be investigated for criminal responsibilities according to the law.
Article 31 Where it is already stipulated in other laws, rules and regulations concerning violations of provisions of these Measures, the former shall prevail and the person concerned shall be penalized accordingly.
Chapter V Supplementary Provisions
Article 32 The term “medium and large-sized domestic animal and poultry farms” mentioned in these Measures refers to farms with over 300 pigs, or over 100 heads of cattle, or over 200 sheep or over 10,000 poultry or other breeding farms with comparable number of animals or poultry. The term “small breeding farms” refers to farms with the number of animals or poultry fewer than those mentioned above.
Article 33 These Measures shall go into effect as from 1 August 2006.
