Chapter Three Regulation of Breeding Flock and Breeding Stock
New breed or new strain of breeding flock or breeding stock discovered, incubated or brought in from abroad shall be registered with the central competent authority before it can be promoted or marketed.
Breeders who fail to pass the review as described in the preceding paragraph may put forward reasons to apply to the central competent authority for a second review within two months from the date following the day when the review result is received.
After the registration of the breeding flock or breeding stock has been reviewed and made public, any one who thinks that the documents presented by the applicant in accordance with provisions of registration application are not in keeping with realities, and who can present concrete evidence, may fill out the objection application form within three months from the date of the public announcement, state clearly the reasons, attach the documents in question and propose an objection to the central competent authority; when the objection is being reviewed, the reviewing committee may send for the applicant to express his opinions; after the objection is reviewed, the result has to be made in the form of a review booklet, in which the reasons are stated clearly, and the committee shall notify the applicant as well as the one who objects. Once the objection goes valid, the registration should be revoked in a public announcement.
Breeders shall apply to the central competent authority to register the breed or strain promoted or marketed prior to the promulgation of this Act.
Breeding flock or breeding stock involving the transfer of genetic material shall undergo field tests and creatures' safety assessment before it can be promoted and made use of. The regulation measures on the transfer of genetic material will be set forth by the central competent authority.
When more than two people apply for registration individually with the same or similar names for new breed or new strain of breeding flock or breeding stock, the one who applies first will be allowed to register; if they apply on the same day and there is no telling who comes first, the matter will be settled through negotiation among the individual applicants and the registration goes exclusively to one person; when no negotiation avails, the matter will be settled by drawing lots.
When more than two breeders apply for registration individually with the same or similar names for the breed or strain promoted or marketed prior to the promulgation of this Act, the precedence will be decided by the central competent authority on the basis of how it is discovered or incubated as well as a report of how it is raised.
New breed or new strain of breeding flock or breeding stock incubated or discovered by an employee should be registered with the name of the employer unless it is otherwise specified in the contract.
Breeders shall carry out pedigree register with the central competent authority for the registered breed or strain described in Article 12 if it is so designated by the same authority.
Breeders shall carry out pedigree register for their male breeding flock and more than half of their female breeding flock.
The facilities of breeding farm shall meet the standards set forth by the central competent authority.
Breeding flock or breeding stock that has entered the pedigree registry shall be subjected to the periodic follow-up and inspection of the competent authority, and those who fail the inspection will have their registration revoked.
The competent authority may dispatch inspector to examine or test the breeding flock, breeding stock, facilities, pedigree registry and related records of breeders, and the breeders shall not evade, interfere with or object to such examination or testing.
Breeding flock or breeding stock found to have contracted notifiable disease or have hereditary disease during the aforesaid examination or testing shall be banned from breeding.
The aforesaid inspectors shall present their identification when carrying out their duty.
Breeding flock or breeding stock having hereditary disease, which might be harmful to human health as deemed by the competent authority, shall be destroyed by an agency designated by the central competent authority. The central competent authority shall also compensate the owner of the flock or breeding stock destroyed; the amount of compensation shall be assessed by a body comprised of representatives from government agencies concerned, industrial organizations, experts and scholars under the invitation of the central competent authority.
Breeding flock or breeding stock that have been designated by the central competent authority shall obtain the approval document of the same authority before it can be imported or exported.
The central competent authority may commission research institutes or private organizations to engage in collection, appraisal, preservation and research for the purpose of preserving breeding flock resources and improving the performance of livestock or poultry.
The central competent authority may conduct periodic assessment of the breeders, and reward outstanding breeders.