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Chapter Law Content

Title: Feed control act CH
Category: Ministry of Agriculture(農業部)
Chapter II. MANUFACTURING, IMPORTING, AND EXPORTING
Article 9
The establishment of a feed or feed additive factory shall comply with the feed or feed additive factory establishment standards; in addition, factory registration shall be obtained in accordance with the law.
The factory establishment standards shall be prescribed by the central competent authority, in concert with the central competent authority for industry and the central competent authority for health.
Permits for establishing a feed or feed additive factory shall be issued by the competent authority for industry in concert with the central competent authority for agriculture.
Article 10
For manufacturing, processing, or packaging any feed/feed additive announced by the central competent authority as requiring a permit to do so, the entity engaging in such activity shall apply to the central competent authority for such a permit. Only after the feed/feed additive passes inspection, and only after the Manufacturing license is issued, may the manufacturing, processing, or packaging occur.
The central competent authority shall prescribe, from the previous paragraph, the application criteria, procedures, documents to be attached, proof of origin, testing protocols, permit criteria, Manufacturing license issuance/renewal/replacement, and other matters for compliance.
The following entities are exempt from needing to apply for and obtain a Manufacturing license as described in paragraph 1:
1.A self-manufactured, own-use feed user who has applied to a competent authority at the directly-controlled municipal government or county/city-levels, for a permit; who has been issued a self-manufactured, own-use license; and who manufactures such feed for use with the entity’s own livestock, poultry or aquatic animals.
2.A research institution that manufactures or processes feed/feed additives specifically for testing purposes.
In terms of components and quantities, self-manufactured, own-use feed in subsection 1 of the previous paragraph shall comply with the quantity limits set by the central competent authority. Where feed additives are used, the sources and uses of feed additives shall be recorded.
The central competent authority shall prescribe, from paragraph 3, subsection 1, the application criteria, procedures, documents to be attached, permit criteria, and license issuance/renewal/replacement. The central competent authority shall also prescribe, from the previous paragraph, recording for sources and uses of feed additives, other matters for compliance, and quantity limits.
The central competent authority may delegate matters in paragraph 1 regarding handling applications, inspections, issuance of Manufacturing licenses, etc. to competent authorities at the directly-controlled municipal government or county/city-levels.
Article 11
Importers shall apply for licenses to import feed/feed additives announced as requiring such by the central competent authority. Only after the feed/feed additive passes inspection, and only after an Import license is issued, may the importing occur. However, if an entity is permitted to manufacture feed supplements or formulated feed and obtains a Manufacturing license for such, and then imports feed only for its own factory in manufacturing said food supplements or formulated feed, this restriction shall not apply.
Entities granted Import licenses described in the previous paragraph may authorize other feed vendors to handle importing tasks on their behalf.
The central competent authority shall prescribe, from the previous two paragraphs, the application criteria, procedures, documents to be attached, testing protocols, permit criteria, Import license issuance/renewal/replacement, authorized importing, and other matters for compliance.
The central competent authority may delegate the tasks of accepting applications, conducting lab tests, and issuance of Import licenses described in paragraph 1 to its own subordinate agencies/organizations, to competent authorities at the directly-controlled municipal government or county/city-levels, or to other organizations.
Article 11-1
Genetically modified feed/feed additives of foreign origin may not be imported, offered for sale, or used until after such feed/feed additives pass inspections (including biosafety check), and until after the developer applies for and obtains a permit issued by the central competent authority.
Genetically modified organisms (GMO; animals, plants or microbes) of domestic origin that have completed legally-required field tests and reviews may only be exported, made into feed/feed additives, or used as feed/feed additives after the developer applies with the central competent authority for a GMO certificate for feed usage; after such a certificate is issued; and after inspections (including biosafety check) are passed.
The GMO certificate described in the previous two paragraphs shall be valid for no more than five years. The developer may apply for renewal with the central competent authority during the 60-day-period starting on the day on which three months of validity remain. Validity of each renewed certificate shall be no more than five years. If a developer fails to renew a certificate, the developer shall be required to apply for a new certificate.
The central competent authority shall prescribe, from the previous three paragraphs, the certificate application procedure, documents to be attached, biosafety evaluation, testing protocols, inspection protocols, review periods, permit criteria, certificate issuance/renewal/replacement, and other matters for compliance.
The central competent authority may delegate the inspection protocols in paragraphs 1 and 2 to its own subordinate agencies/organizations, or commission other agencies/organizations/groups to do such inspection.
Before the January 23, 2015 amendment to this Act becomes effective, those GMO feed/feed additives for which GMO certificates have not been obtained in accordance with paragraph 1 shall obtain such certificates within two years from the date this amendment takes effect.
Article 12
A feed/feed additive Manufacturing license or Import license shall be valid for four years. Where manufacturing or importing is to continue after said certificates expire, the manufacturer/importer shall first apply to the competent authority in advance for an extension. Such an extension shall not exceed four years each time.
If a feed/feed additive Manufacturing license or Import license is lost or damaged, the person concerned shall state the reasons clearly, pay a registration fee, and apply to the original issuing authority for replacement or renewal. Where the original certificate is lost, the person concerned shall apply to have the original canceled; where the original certificate is damaged, the person concerned shall submit the original for it to be canceled.
Article 13
Material facts of a license, such as category, item, components, and animals with which a feed/feed additive is to be used, shall not be changed. For other matters to be changed, approval must be applied for and permission obtained from the competent authority before the changes may be made.
Article 14
For feed/feed additives, before they can be sold, Chinese language or universal symbols shall be placed on the package or container to indicate:
1.Name and address of the manufacturer or vendor;
2.Category, description and commercial name;
3.components;
4.GMO ingredients used;
5.Primary ingredients and their suppliers;
6.Intended use, usage method, and precautions for use;
7.Net weight;
8.Manufacturing license number/Import license number;
9.Year, month, and day on which the product was manufactured, processed, or packaged; and
10.Other matters specified in central competent authority announcements.
Article 15
For feed/feed additives that are to be exported to meet the requirements of a foreign buyer, and which comply with the regulations of the importing country, if the central competent authority or the competent authority at the directly-controlled municipal government where the enterprise is located grants the enterprise Manufacturing license, such exporting shall not be subject to the component standards specified in Article 4, paragraph 2.