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What provisions are contained in the Regulations of the Inner Mongolia Autonomous Region on the Administration of Breeding Livestock and Poultry?

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Chapter I General Provisions Article 1 In order to strengthen the protection of livestock and poultry breed resources, breed cultivation and the administration of breeding livestock and poultry, improve the quality of breeding livestock and poultry, and promote the development of the animal husbandry industry toward industrialization and high yield, high quality and high efficiency, these Regulations are formulated in accordance with relevant laws and regulations and in light of the actual conditions of the autonomous region

Chapter I General Provisions

Article 1 In order to strengthen the protection of livestock and poultry breed resources, breed cultivation and the administration of breeding livestock and poultry, improve the quality of breeding livestock and poultry, and promote the development of the animal husbandry industry toward industrialization and high yield, high quality and high efficiency, these Regulations are formulated in accordance with relevant laws and regulations and in light of the actual conditions of the autonomous region.

Article 2 For the purposes of these Regulations, "breeding livestock and poultry" means livestock and poultry used for breeding and breeding materials such as their eggs, semen and embryos.

Article 3 All units and individuals engaged in the protection of livestock and poultry breed resources, breed cultivation, and the introduction, production, operation, promotion and use of breeding livestock and poultry must comply with these Regulations.

Article 4 The development of improved livestock and poultry breeds shall persist in combining cultivation with introduction. People's governments at all levels shall formulate support measures and preferential policies to encourage the cultivation, introduction, breeding, promotion and use of improved livestock and poultry breeds.

Article 5 The animal husbandry administrative departments at or above the banner/county level shall be in charge of the administration of breeding livestock and poultry within their respective administrative areas. Their main duties are:

(1) to implement the laws and regulations of the state and the autonomous region concerning the administration of breeding livestock and poultry;

(2) to formulate and organize the implementation of plans for the protection of livestock and poultry breed resources and for the development of breeding livestock and poultry;

(3) to supervise and administer the protection of livestock and poultry breed resources, breed cultivation, and the introduction, production, operation, promotion and use of breeding livestock and poultry, and to regulate the breeding livestock and poultry market;

(4) to impose administrative penalties in accordance with the laws and regulations of the state and the autonomous region concerning the administration of breeding livestock and poultry;

(5) other duties provided for by laws and regulations.

The animal husbandry administrative departments at or above the banner/county level may entrust the relevant public institutions under them with the specific responsibility for the administration of breeding livestock and poultry.

Chapter II Protection of Livestock and Poultry Breed Resources and Examination and Approval of Livestock and Poultry Breed Cultivation

Article 6 People's governments at all levels shall protect livestock and poultry breed resources in accordance with the provisions of the state and the autonomous region, and shall ensure the corresponding protection funds and material conditions.

The list for the protection of livestock and poultry breed resources at the autonomous region level shall be determined and published by the animal husbandry administrative department of the autonomous region, and a livestock and poultry breed gazetteer shall be established.

Article 7 The animal husbandry administrative departments at or above the banner/county level shall conduct regular general surveys, appraisal and monitoring of livestock and poultry breed resources, propose protection plans and protection measures, and establish and improve an archive management system.

Article 8 The animal husbandry administrative department of the autonomous region shall establish, in a planned way, conservation farms, protection zones, gene banks and a dynamic monitoring system for livestock and poultry breed resources, and shall implement special protection for valuable endangered livestock and poultry breeds.

The animal husbandry administrative departments at or above the banner/county level may designate qualified units or individuals to undertake the task of protecting livestock and poultry breed resources and pay protection compensation fees; units and individuals undertaking the task of protecting livestock and poultry breed resources shall carry out protection as required.

No crossbreeding of any form may be carried out without authorization in conservation herds and protection zones of livestock and poultry breed resources; where crossbreeding is truly necessary, it shall be approved by the animal husbandry administrative department that established the conservation herd or protection zone.

Article 9 The animal husbandry administrative department of the autonomous region shall be responsible for formulating the regional plan for the direction of livestock and poultry improvement and the plan for the improved livestock and poultry breeding system of the autonomous region. The animal husbandry administrative departments of leagues/cities and banners/counties shall be responsible for formulating the corresponding plans within their respective administrative areas and report them to the animal husbandry administrative department of the autonomous region for the record.

The animal husbandry administrative departments at or above the banner/county level shall, in accordance with the plans specified in the preceding paragraph, formulate and organize the implementation of livestock and poultry breed improvement plans, and establish and improve the improved livestock and poultry breeding system.

Article 10 The animal husbandry administrative departments at or above the banner/county level shall, in accordance with the regional plan for the direction of livestock and poultry improvement and the plan for the improved breeding system, organize relevant scientific research, teaching and production units to carry out the cultivation of new livestock and poultry breeds.

Other qualified units and individuals are encouraged to cultivate new livestock and poultry breeds.

Article 11 The standards for livestock and poultry breeds of the autonomous region shall be formulated by the animal husbandry administrative department of the autonomous region and shall be published and implemented after approval by the technical supervision administrative department of the autonomous region.

Livestock and poultry breeds may be promoted only after examination, approval and naming. For the examination, approval and naming of livestock and poultry breeds of the autonomous region, after review by the livestock and poultry breed examination and approval committee of the autonomous region, they shall be reported to the animal husbandry administrative department of the autonomous region for approval and shall be named and published by the people's government of the autonomous region. The specific conditions, procedures and time limits for the examination, approval and naming of livestock and poultry breeds shall be implemented in accordance with the relevant provisions of the animal husbandry administrative departments of the state and the autonomous region.

The animal husbandry administrative department of the autonomous region shall regularly publish the livestock and poultry breeds whose use is encouraged, permitted and restricted.

Chapter III Production, Operation, Promotion and Use of Breeding Livestock and Poultry

 

Article 12 People's governments at all levels shall strengthen the construction of the breeding livestock and poultry market, develop breeding livestock and poultry production bases in a planned way, and establish and improve a standardized and orderly purchase and sale network.

All qualified units and individuals may engage in the production and operation of breeding livestock and poultry and enjoy the preferential policies provided for by the state and the autonomous region.

Investors from outside the region and from abroad are encouraged to engage in the production and operation of breeding livestock and poultry in the form of sole proprietorship, equity joint venture, contractual joint venture or shareholding system.

Article 13 The establishment of a breeding livestock and poultry farm must be approved by the animal husbandry administrative department of the autonomous region. Units engaged in the production of frozen semen and embryos shall be designated by the animal husbandry administrative department of the State Council or the animal husbandry administrative department of the autonomous region.

Article 14 Breeding livestock and poultry farms shall undertake the tasks of protecting livestock and poultry breed resources, cultivating new breeds, breeding and providing high-quality breeding livestock and poultry, and promoting and demonstrating advanced science and technology.

Original breed farms shall be responsible for breeding and providing original breed livestock and poultry breeds, and improved breed multiplication farms shall be responsible for multiplying and promoting improved breed livestock and poultry breeds.

Article 15 Original breed farms must meet the following conditions:

(1) the breed setup of breeding livestock and poultry conforms to the regional plan for the direction of livestock and poultry improvement and the plan for the improved breeding system of the autonomous region;

(2) possession of the infrastructure and technical equipment necessary for the production of breeding livestock and poultry, with dedicated breeding sites, complete introduction and breeding records and clear breeding objectives, the number of breeding livestock and poultry reaching the prescribed scale, and the quality of the foundation herd conforming to breed standards;

(3) possession of scientific and advanced breeding and feeding techniques, a sound production management system and complete archival technical materials such as records of reproductive and production performance tests;

(4) possession of a sound veterinary health system, facilities and environmental sanitation protection measures;

(5) a certain number of professional and technical personnel competent for original breed breeding work;

(6) the ability to produce healthy and qualified breeding livestock and poultry and a certain capacity to supply breeding stock.

Frozen semen stations and embryo transfer centers shall comply with the above conditions by reference.

Article 16 The establishment of improved breed multiplication farms must meet the following conditions:

(1) the breed setup of breeding livestock and poultry conforms to the regional plan for the direction of livestock and poultry improvement and the plan for the improved breeding system;

(2) the quality of breeding livestock and poultry conforms to breed standards, with clear pedigrees;

(3) possession of the infrastructure and conditions sufficient for the production of breeding livestock and poultry;

(4) possession of corresponding professional and technical personnel;

(5) qualified veterinary health conditions.

Article 17 Units and individuals engaged solely in the operation of breeding livestock and poultry and egg hatching must meet the following conditions:

(1) the breed setup of breeding livestock and poultry conforms to the regional plan for the direction of livestock and poultry improvement and the plan for the improved breeding system;

(2) the quality of breeding stock and hatched chicks conforms to breed standards;

(3) possession of corresponding infrastructure and conditions;

(4) the practitioners have passed professional and technical training;

(5) qualified veterinary health conditions.

Article 18 State-owned breeding livestock and poultry farms shall take serving livestock and poultry improvement as their fundamental purpose, persist in combining production, operation and service, and play an exemplary and leading role in the industrialization of animal husbandry.

Article 19 All units and individuals engaged in the production and operation of breeding livestock and poultry must obtain a Breeding Livestock and Poultry Production and Operation License and, on the strength of the license, apply to the local administrative department for industry and commerce for registration. Where the production or operation of breeding livestock and poultry needs to be changed or terminated, the producer or operator must complete the corresponding formalities at the original license-issuing and registration authorities.

Article 20 For frozen semen stations, embryo transfer centers, original breed farms and improved breed multiplication farms, the animal husbandry administrative department of the autonomous region shall issue a Breeding Livestock and Poultry Production and Operation License after acceptance inspection confirms they are qualified. The animal husbandry administrative department of the autonomous region may entrust the animal husbandry administrative departments of leagues/cities with the acceptance inspection of improved breed multiplication farms. For units and individuals engaged solely in the operation of breeding livestock and poultry and egg hatching, the animal husbandry administrative departments at or above the banner/county level shall issue a Breeding Livestock and Poultry Production and Operation License after acceptance inspection confirms they are qualified.

The animal husbandry administrative department shall, within one month from the date of receiving an application for a Breeding Livestock and Poultry Production and Operation License, make a decision on whether to issue the license. For units and individuals that have obtained a Breeding Livestock and Poultry Production and Operation License, the license-issuing department shall conduct irregular spot checks.

Article 21 Breeding livestock and poultry produced, operated, promoted and used must conform to quality standards.

The breeding livestock and poultry supervision and administration institutions under the animal husbandry administrative departments at or above the banner/county level shall be responsible for the quality testing of breeding livestock and poultry, register qualified breeding livestock and poultry, and issue a Breeding Livestock and Poultry Qualification Certificate.

Article 22 Breeding livestock and poultry sold must be accompanied by a Breeding Livestock and Poultry Qualification Certificate signed and sealed by a breeding livestock and poultry supervision and administration institution or person, the pedigree of the breeding stock, and a Breeding Livestock and Poultry Health Qualification Certificate issued by a veterinary quarantine institution.

Article 23 Advertisements for breeding livestock and poultry must be examined and approved by the local animal husbandry administrative department before publication; they may not be published without such examination and approval. To apply for examination of an advertisement for breeding livestock and poultry, one must hold a Breeding Livestock and Poultry Production and Operation License and provide relevant information on the breeding livestock and poultry.

Article 24 An annual inspection system and a culling system shall be implemented for breeding livestock and poultry. Livestock and poultry that have not been tested and appraised, or that fail testing and appraisal, may not be used for breeding. For male breeding stock that does not conform to breed standards, the local breeding livestock and poultry supervision and administration institution may decide on compulsory castration.

Article 25 People's governments at all levels shall establish and improve the improved livestock and poultry promotion service system, stabilize the workforce, increase investment, improve service facilities and means, promote fine livestock and poultry breeds and advanced and practical technologies such as artificial insemination and embryo transfer, accelerate the pace of livestock and poultry breed improvement, and improve the quality of livestock and poultry breeds.

Animal husbandry technology promotion institutions at all levels shall be responsible for technical guidance and training for units and individuals that produce, operate and use breeding livestock and poultry.

Article 26 Artificial insemination shall be implemented for local livestock breeding in places with the necessary technical and material conditions.

Persons engaged in artificial insemination of livestock must have received professional and technical training and, after passing the assessment of the animal husbandry administrative department at or above the banner/county level and obtaining a qualification certificate, may engage in the work of artificial insemination of livestock.

Article 27 The import of breeding livestock and poultry into, and their export out of, the autonomous region shall be reported to the animal husbandry administrative department of the autonomous region for approval; the import and export of breeding livestock and poultry between leagues/cities and banners/counties within the autonomous region shall be reported to the animal husbandry administrative department at the same level for approval. The animal husbandry administrative department shall, after receiving an application for the import or export of breeding livestock and poultry, examine and approve it promptly. Imported and exported breeding livestock and poultry must be accompanied by a Breeding Livestock and Poultry Qualification Certificate, the pedigree of the breeding stock and a Breeding Livestock and Poultry Health Qualification Certificate.

Article 28 For the import and export of breeding livestock and poultry, an Application Form for the Import and Export of Breeding Livestock and Poultry must be filled in and, after examination by the animal husbandry administrative department of the autonomous region, reported to the animal husbandry administrative department of the State Council for approval, and relevant formalities such as quarantine shall be completed in accordance with the law.

Article 29 Units undertaking the transport of breeding livestock and poultry across areas at or above the banner/county level must, on the strength of a Transport Permit issued by the animal husbandry administrative department at or above the banner/county level and a Breeding Livestock and Poultry Health Qualification Certificate, carry out the transport.

Units undertaking the transport of imported and exported breeding livestock and poultry must, on the strength of an approved Application Form for the Import and Export of Breeding Livestock and Poultry issued by the consigning unit and a Breeding Livestock and Poultry Health Qualification Certificate issued by the port animal quarantine institution, carry out the transport.

Chapter IV Legal Liability

 

Article 30 Where any of the following acts is committed, the animal husbandry administrative department at or above the banner/county level shall order correction, confiscate the illegal gains, and impose a fine of one to two times the illegal gains:

(1) producing or operating breeding livestock and poultry without obtaining a Breeding Livestock and Poultry Production and Operation License;

(2) producing or operating breeding livestock and poultry not in accordance with the prescribed breed, strain, generation, years of use and quality standards;

(3) promoting livestock and poultry breeds that have not been examined, approved and named;

(4) selling breeding livestock and poultry without attaching a Breeding Livestock and Poultry Qualification Certificate, the pedigree of the breeding stock, and a Breeding Livestock and Poultry Health Qualification Certificate.

Where any of the acts in items (2) and (4) of the preceding paragraph is committed and the circumstances are serious, the Breeding Livestock and Poultry Production and Operation License may be revoked.

Article 31 Where breeding livestock and poultry that do not conform to quality standards are sold, or inferior goods are passed off as good ones or fake ones as genuine, penalties shall be imposed in accordance with the relevant provisions of the Product Quality Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Consumer Rights and Interests; where economic losses are caused to a unit or individual, the corresponding civil compensation liability shall be borne.

Where an advertisement for breeding livestock and poultry is published without examination and approval, the administrative department for industry and commerce at or above the banner/county level shall impose penalties in accordance with relevant laws and regulations.

Article 32 Where a person refuses or obstructs breeding livestock and poultry management personnel in the lawful performance of their official duties, the public security organ shall impose penalties in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security; where the circumstances are serious and a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 33 Where a party is dissatisfied with an administrative penalty, it may apply for administrative reconsideration or institute legal proceedings in accordance with the law. Where, on the expiry of the time limit, the party neither applies for administrative reconsideration nor institutes legal proceedings, and also fails to perform the penalty decision, the authority that made the penalty decision may apply to a people's court for compulsory enforcement.

Article 34 Where breeding livestock and poultry management personnel abuse their powers, neglect their duties or engage in malpractices for personal gain, administrative sanctions shall be imposed in accordance with the law; where a crime is constituted, criminal liability shall be pursued in accordance with the law.

Chapter V Supplementary Provisions

Article 35 These Regulations shall come into force on the date of publication.

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