Regulation 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, revised and adopted at the 177th Executive Meeting of The State Council on October 26, 2011, in accordance with The State Council on December 7, 2013 The Second Revision of the Decision on Amending Some Administrative Regulations The third revision of the Decision of The State Council on Amending Some Administrative Regulations on February 6, 2016 The fourth revision of the Decision of The State Council on Amending and repealing some Administrative Regulations on March 1, 2017

Chapter general provisions

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 used in these Regulations refers to the industrially processed and prepared products 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 small amounts or trace 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 promulgated by the agricultural administrative department under The State Council.

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

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

Article 4 The local people's governments at or above the county level shall lead uniformly the supervision and administration of feed and feed additives in their respective administrative areas, establish and improve the supervision and administration mechanism, and ensure the implementation of supervision and administration.

Article 5 Feed and feed additives 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 produced and operated by them.

Article 6 Any organization or individual has the right to report violations of these Regulations in the production, marketing 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 and approval and registration

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

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

Article 8 Before a new feed or a new feed additive developed is put into production, the researcher or producer shall submit an application for examination and approval to the competent department of agricultural administration under The State Council, and provide samples of the new feed or a new feed additive and the following information:

(1) Name, main ingredients, physical and chemical properties, development methods, production processes, quality standards, testing methods, inspection reports, stability test reports, environmental impact reports and pollution prevention and control measures;

(2) The feeding effect, residual digestion dynamics and toxicological safety evaluation report of the new feed and the new feed additive issued by the testing institution designated by the competent department of agricultural administration under The State Council.

The application for the approval of a new feed additive shall also state the purpose of adding the new feed additive, the method of use, and provide an analysis and evaluation report on the possible impact of the feed additive residues on human health.

Article 9 The competent department of agricultural administration under The State Council shall, within 5 working days from the date of acceptance of the application, submit the samples and application materials of new feed and new feed additives to the National Feed Review Committee to evaluate the safety, effectiveness and environmental impact of the new feed and new feed additives.

The National Feed Evaluation Committee is composed of experts in farming, feed processing, animal nutrition, toxicology, pharmacology, metabolism, health, chemical synthesis, biotechnology, quality standards, environmental protection, and food safety risk assessment. The National feed Review Committee for new feed, new feed additives to take the form of review meeting, review meeting should have more than 9 national feed review committee experts to participate, according to the need can also invite 1 to 2 experts other than the national feed review Committee experts to participate in the review of the experts have the right to vote on the review matters. The review meeting shall form review opinions and minutes of the meeting, and be reviewed and signed by the experts participating in the review; If there is a difference of opinion, it shall be indicated. The experts participating in the review shall perform their duties fairly and impartially according to law, keep the review materials confidential, and should take the initiative to withdraw if there are reasons for avoidance.

The National Feed Evaluation Committee shall, within 9 months from the date of receiving the samples and application materials of new feed and new feed additives, issue the evaluation results and submit them to the agricultural administrative department under The State Council; However, if the National Feed Evaluation Committee decides to conduct relevant tests by the applicant, with the consent of the agricultural administrative department of The State Council, the evaluation time can be extended for 3 months.

The agricultural administrative department under The State Council shall, within 10 working days from the date of receiving the evaluation results, make a decision on whether to issue a new feed or a new feed additive certificate; If the decision is not approved, the applicant shall be notified in writing and the reasons shall be explained.

Article 10 The competent department of agricultural administration under The State Council shall issue the certificate of new feed and new feed additive, and shall publish the product quality standards of the new feed and new feed additive in accordance with its functions and powers.

Article 11 The monitoring period of new feed and new feed additives is 5 years. New feed and new feed additives are in the monitoring period, and other production applications and import registration applications for the new feed and new feed additives are not accepted, except for those that have not been put into production for more than 3 years.

Production enterprises shall collect information on the quality stability of new feed and new feed additives and their impact on the quality and safety of animal products during the monitoring period, and report to the competent department of agricultural administration under The State Council; The administrative department of agriculture under The State Council shall organize tracking and monitoring the quality and safety of new feed and new feed additives, and 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 In exporting to China feed and feed additives that have not been used within the territory of China but have been approved for production and use by the exporting country, the exporting party's office in China or its entrusted agency in China shall apply for registration with the competent department of agricultural administration under The State Council, and provide samples of the feed and feed additives and the following information:

(1) trademarks, labels and their promotion and application;

(2) Certificates of approval for production and use at the place of production and registration data in countries or regions other than the place of production;

(3) the main ingredients, physical and chemical properties, development methods, production processes, quality standards, testing methods, inspection reports, stability test reports, environmental impact reports and pollution prevention and control measures;

(4) The feeding effect, residual digestion dynamics and toxicological safety evaluation report of the feed and feed additive issued by the testing institution designated by the competent department of agricultural administration under The State Council.

The application for import registration of feed additives shall also state the purpose and method of use of the feed additives, and provide an analysis and evaluation report on the impact of the residues of the feed additives on human health.

The competent department of agricultural administration under The State Council shall, in accordance with Article 9 of these Regulations, organize evaluation procedures for new feed and new feed additives, and decide whether to issue import registration certificates for feed and feed additives.

Those who export to China for the first time 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 the second paragraph of this article. The agricultural administrative department under The State Council shall, within 10 working days from the date of accepting the application, examine the application materials; If it passes the examination, the sample shall be submitted to the designated institution for review and testing; The competent department of agricultural administration under The State Council shall issue the import registration certificate of feed and feed additives within 10 working days if the inspection is qualified.

The import registration certificate of feed and feed additives is valid for 5 years. If the import registration certificate needs to continue exporting feed and feed additives to China after the expiration of the validity period, it shall apply for renewal 6 months before the expiration of the validity period.

It is prohibited to import feed and feed additives without import registration certificate of feed and feed additives.

Article 13 The State shall protect the undisclosed test data and other data obtained by the applicant who has obtained the certificate of new feed and new feed additives or import registration certificate of feed and feed additives, and feed and feed additives containing new compounds.

Within 6 years from the date of issuance of the certificate, other applicants without the approval of the applicant who has obtained the certificate of new feed, new feed additives or import registration of feed, feed additives, using the data provided in the preceding paragraph to apply for the approval of new feed, new feed additives or import registration of feed, feed additives, agricultural administrative department under The State Council shall not approve or register; However, other applicants submit data obtained by themselves.

Except for the following circumstances, the agricultural administrative department under The State Council shall not disclose the data provided for in this article:

(1) public interest needs;

(b) Measures have been taken to ensure that such information is not used for improper commercial purposes.

Chapter III Production, Management and Use

Article 14 The establishment of feed and feed additive production enterprises shall conform to 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) Having full-time technical personnel suitable for the production of feed and feed additives;

(3) having the necessary product quality inspection institutions, personnel, facilities and quality management systems;

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

(5) having pollution prevention and control measures that meet the requirements of the State for environmental protection;

(6) Other conditions stipulated in the quality and safety management standards for feed and feed additives formulated by the agricultural administrative department under The State Council.

Article 15 For enterprises engaged in the production of feed and feed additives, the applicant shall file an application with the feed administrative department of the people's government of the province, autonomous region and municipality directly under the Central Government. The feed management department of the people's government of the province, autonomous region and municipality directly under the Central Government shall conduct a written examination within 10 working days from the date of acceptance of the application; If it passes the examination, it shall organize an on-site audit, and make a decision on whether to issue a production license within 10 working days according to the audit results.

The production license is valid for 5 years. If the production license needs to continue producing feed and feed additives after the expiration of the validity period, it shall apply for renewal 6 months before the expiration of the validity period.

Article 16 Feed additive, additive premixed feed production enterprises after obtaining the production license, by the feed administration department of the people's government of the province, autonomous region and municipality directly under the Central government in accordance with the provisions of the administrative department of agriculture under The State Council, issue the corresponding product approval number.

Article 17 Feed and feed additive production enterprises shall, in accordance with the provisions of the competent department of agricultural administration under The State Council and relevant standards, inspect or inspect the purchased feed raw materials, single feeds, feed additives, medicinal feed additives, additive premix feeds and raw materials used for the production of feed additives.

Feed production enterprises that use restricted feed raw materials, single feed, feed additives, medicinal feed additives, additive premixed feed to produce feed shall comply with the restrictive provisions of the agricultural administrative department under 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 medicinal feed additives published by the competent department of agricultural administration under The State Council to produce feed.

Feed and feed additive production enterprises shall truthfully record the name, origin, quantity, shelf life, license certificate number, quality inspection information, production enterprise name or supplier name and contact information, purchase date of the purchased feed raw materials, single feed, feed additive, medicinal feed additive, additive premixed feed and raw materials used for feed additive production Let's wait. Record retention period shall not be less than 2 years.

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

Article 19 Feed and feed additives production enterprises shall carry out product quality inspection of the feed and feed additives produced; If it passes the inspection, it shall be attached with the certificate of product quality inspection. Without product quality inspection, failing to pass inspection or not attached with product quality inspection certificate, shall not leave the factory for sale.

Feed and feed additives production enterprises 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 by the factory. Record retention period shall not be less than 2 years.

Article 20 Feed and feed additives sold out of the factory shall be packaged, and the packaging shall conform to the relevant provisions of the State on safety and health.

Feed that is sold directly by feed producers to farmers can be transported using canning trucks. The canning truck shall comply with the relevant provisions of the State on safety and hygiene, and the canning truck shall be attached with labels in accordance with the provisions of Article 21 of these Regulations.

The packaging of inflammable or other special feeds and feed additives shall be marked with warning signs or instructions, and shall indicate the precautions for storage and transportation.

Article 21 Labels shall be attached to the packaging of feed and feed additives. Labels shall indicate in Chinese or applicable symbols 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, name and address of the manufacturer, license certificate number and product quality standards. The addition of pharmaceutical feed additives should also be marked with the words "add pharmaceutical feed additives", and indicate its general name, content and withdrawal period. Feed of animal origin other than milk and dairy products shall also be marked with the words "This product shall not be fed to ruminants".

Article 22 Feed and feed additive operators shall meet the following conditions:

(1) There are business sites and storage facilities suitable for the operation of feed and feed additives;

(2) Having technical personnel with knowledge of the use and storage of feed and feed additives;

(3) Having the necessary product quality control and safety management systems.

Article 23 Feed and feed additive operators shall check product labels, product quality inspection certificates and corresponding licensing documents when purchasing.

Feed and feed additives operators shall not unpack or pack feed and feed additives, and shall not reprocess feed and feed additives or add any substance.

Feed produced with any substance other than the catalogue of feed raw materials, the catalogue of feed additives and the catalogue of medicinal feed additives published by the competent department of agricultural administration under The State Council is prohibited.

Feed and feed additive operators shall establish product purchase and sales accounts, truthfully record the name of the products purchased and sold, license document number, specifications, quantities, shelf life, name of the manufacturer or supplier and its contact information, purchase and sales time. The period of retention of the purchase and sales ledger shall not be less than 2 years.

Article 24 Feed and feed additives exported to China shall be packaged, and the packaging shall conform to the relevant provisions of China on safety and health, 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 relevant inspection and quarantine, and the entry-exit inspection and quarantine authorities shall conduct inspection and quarantine according to law, and verify their packaging and labels. Packaging and labeling do not conform