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Chapter Law Content

Title: Feed control act CH
Category: Ministry of Agriculture(農業部)
Chapter II. MANUFACTURE, EXPORTATION AND IMPORTATION OF FEEDS
Article 9
9.1 A feed or feed additive factory shall be established in conformity with the feed or feed additive factory establishment standard; in addition, factory registration shall be obtained in accordance with law.
9.2 The above mentioned factory establishment standard shall be prescribed by the central competent authority in concert with the central competent industrial development authority and the central health authority.
9.3 Feed or feed additive factory permits shall be issued by the competent industrial development authority in concert with the competent agricultural authority.
Article 10
10.1 Feed makers are required to have a license for making, processing and packing each feed/additive proclaimed by the central competent authority. Feed makers shall apply with the central competent authority for such certificates and not engage in manufacturing, processing or packing until after a license is obtained for each feed/additive passing the test.
10.2 The central competent authority shall prescribe eligibility, procedure, and documents to be presented for license application, the certificate of origin, lab test protocols, review criteria, as well as the issuance, renewal and replacement of licenses and related instructions.
10.3 The following entities are waived from having a license described in Section 10.1:
10.3.1 A make-for-self-use feedstuffs user: after getting a made-for-self-use license from the local municipal competent authority, such an entity may make feeds for its own livestock, poultry or aquatic animals.
10.3.2 A testing/research laboratory that makes, processes feed/additives specifically for testing purposes.
10.4 The make-for-self-use feedstuffs user in Section 10.3.1 shall comply with the quantity guidelines set by the central competent authority in terms of contents and quantity; and record the source and usage of feed additives.
10.5 The central competent authority shall prescribe eligibility for the entity in Section 10.3.1, procedure, and documents to be presented for license application, review criteria, as well as the issuance, renewal and replacement of licenses, keeping records of sources and usage of additives described in Section 10.4 and related instructions.
10.6 The central competent authority may delegate to a local municipal competent authority the tasks of accepting applications, conducting lab tests, and issuance of manufacture licenses described in Section 10.1.
Article 11
11.1 Importers shall need licenses to import the types of feed/additives proclaimed by the central competent authority. They must not do so until after such import licenses are issued by the central competent authority for feed/additives passing the test. Entities with manufacture licenses for feed supplements or formulated feed are waived if imported feed is only for its own use to make pre-specified food supplements or formulated feed.
11.2 Entities granted import licenses described in Section 11.1 may delegate importation tasks to other feed vendors.
11.3 The central competent authority shall prescribe the qualification, procedure, documents to be presented for license application, test protocols, review criteria, and issuance, renewal, replacement of import licenses described in Section 11.1, and conditions for delegated importation described in Section11.2, and other tasks.
11.4 The central competent authority may delegate the tasks of accepting applications, conducting lab tests, and issuance of import licenses described in Section 11.1 to its own subordinate agencies, municipal competent authorities, or other organizations.
Article 11-1
11-1.1 Genetically modified feed/additives of foreign origin may not be imported, offered for sale, or used until after the developer applies for and obtains the GMO certificate issued by the central competent authority after passing the verification tests (including biosafety check).
11-1.2 Genetically modified organisms (GMO; animals, plants or microbes) of domestic origin that have completed field tests and relevant reviews may be used for feedstuffs. The developer shall apply with the central competent authority for GMO certificate for feedstuffs usage. Only after such a certificate is issued after passing verification tests (including biosafety check) can the GMO be exported, made into feed/additives, or used as feed/additives.
11-1.3 The GMO certificate described in Sections 11-1.1 and 11-1.2 is 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 with three-month validity remaining. Validity of each renewed certificate shall be no more than five years. The developer shall apply for a new certificate if it fails to renew an existing one.
11-1.4 The central competent authority shall prescribe the procedure, documents to be presented for license application, biosafety evaluation, verification test protocols, review period and criteria, as well as issuance, renewal and replacement of GMO certificates described in Sections 11-1.1, 11-1.2 and 11-1.3, and other instructions.
11-1.5 Regarding the GMO verification tests in Sections 11-1.1 and 11-1.2, the central competent authority may delegate the tasks to its own subordinate agencies or public/private organizations.
11-1.6 Those GMO feed/additives without GMO certificates as of January 23, 2015 – the day this latest revision becomes effective – shall obtain the certificates in compliance with Section 11-1.1 within two years from this effective date.
Article 12
12.1 The registration certificate of the production or import of fodder or fodder additives is valid for four years. Those who continue to produce or import them after their certificates expire need to apply to the competent authority in advance for an extension only that each extension must not exceed four years.
12.2 If the registration certificate of the production or import of fodder or fodder additives is lost or damaged, the person concerned needs to state the reasons clearly, pay for the certificate fee and apply to the original authority which had issued the certificate for a duplicate or replacement. Those who lose their certificates need to revoke the original ones while those who have their certificates damaged need to submit and revoke the original ones.
Article 13
Change in any of the material facts, such as category, item, compositions and potential users of a feed/feed additive, which are specified in a feed/feed additive manufacture/import registration license, shall not be permissible. With respect to change in any material facts other than those enumerated above, approval shall be sought from the competent authority.
Article 14
Chinese language and universal symbols shall be used on the package or container prior to the sales of feed/additives to indicate:
14.1 name and address of the manufacturer or vendor,
14.2 category, description and commercial name,
14.3 contents,
14.4 GMO ingredients used,
14.5 primary ingredients and their suppliers,
14.6 intended use, method and instructions,
14.7 net weight,
14.8 the number of manufacture or import license,
14.9 production year, month, day of manufacturing, processing or packing
14.10 other designated items proclaimed by the central competent authority.
Article 15
Fodder or fodder additives which are to be exported, meet the demands of the foreign buyer, and go in accordance with the regulation of the importing country are exempt from the regulation as prescribed in Article 4 Item 2 concerning the component criterion after the central or municipal competent authority where the factory is located grants the producer the registration certificate of production.