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chn53864.doc - Measures for the Administration of the Safety and

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The form of Certificate of Quality of the Safety and Health of Feed Products from Animal Sources shall be worked out by the Ministry of Agriculture.

Measures for the Administration of the Safety and Health of the Feed Products from Animal

    Sources

    Promulgation date: 08-02-2004

    Effective date: 10-01-2004

    Department: MINISTRY OF AGRICULTURE

    Subject: PHARMACEUTICS & HEALTH

    QUALITY ADMINISTRATION

    Order of the Ministry of Agriculture of the People's Republic of China (No.40)

The Measures for the Administration of the Safety and Health of the Feed Products from Animal

    Sources, which were examined and adopted at the 25th executive meeting of the Ministry of Agriculture on July 14, 2004, are hereby promulgated and shall come into force as of Oct.1, 2004.

Minister: Du Qinglin

    August 2, 2004

Measures for the Administration of the Safety and Health of the Feed Products from Animal Sources

Chapter ?General Provisions

Article 1 The present Measures are enacted in accordance with the Regulation on the Administration

    of Feed and Feed Additives with a view to strengthening the administration of the safety and health

    of the feed products from animal sources.

Article 2 The Ministry of Agriculture shall be responsible for the administration of the safety and

    health of the feed products from animal sources of the whole country. The feed administration departments of local people’s governments at the county level or above shall be responsible for the administration of the safety and health of the feed products from animal

    sources within their own administrative areas.

Article 3 The feed product from animal sources as mentioned in the present Measures refers to the

    single feed which takes the animals or byproducts of animals as raw materials and is processed and

    manufactured through industrialization.

    The catalogue of the feed products from animal sources shall be promulgated by the Ministry of

    Agriculture.

    Chapter ?Examination and Approval of the Establishment of Enterprises Article 4 To establish a production enterprise of feed products from animal sources, one shall apply

    to the feed administrative department of the people’s government at the provincial level at the locality of the enterprise to be established. One can go through the enterprise registration formalities

    only after being examined as eligible and obtaining the Certificate of Quality of Safety and Health of

    the Production Enterprise of the Feed Products from Animal Sources.

Article 5 The following conditions shall be possessed when establishing the production enterprise of

    feed products from animal sources:

    (1)Factory building and facilities

    a. The factory building shall not be in a bad condition, and the factory building and the attached

    facilities shall be easy for cleaning and disinfection;

    b. Relevant equipment for preventing flies, mice, birds and dust and relevant storage facilities; and

    c. Relevant dressing rooms, toilets, and washing grooves.

    (2)Production technology and equipment

a. The production technology and equipment shall meet the requirements of safety and health and

    quality standards of the products; and

    b. Relevant facilities for washing, disinfection, drying and grinding. (3)Personnel

    a. The persons in charge of techniques shall have an educational background of junior college or

    higher or a middle-level technical title or higher, be familiar with the production technology and

    have engaged in the corresponding professional work for more than two years; b. The persons in charge of quality control and the persons in charge of quality testing organ shall

    have an educational background of junior college or higher or a middle-level technical title or higher and have engaged in the corresponding professional work for more than three years; and c. The employees of special types of work shall possess the corresponding professional certificates.

    (4) Quality testing organ and equipment

    a. to establish the quality testing organ;

    b. to establish the instrument room(section), checking and manipulation room(section)and

    room(section) for keeping samples and observing; and

    c. the basic equipment needed for the quality testing.

    (5) Production circumstances

    a. The place of the enterprise shall be far from the feeding field of animals, with the minimum

    distance of 1,000 meters. In case the enterprise is close to the slaughterhouse, the indispensable

    isolation measures shall be needed;

    b. No animal may be fed within the factory;

    c. The layout of production factory shall be reasonable, the areas for sorting out the raw materials,

    production and processing, depositing the finished products shall be separated, and the finished

    products and raw materials must be stored separately to prevent cross contamination. (6) Measures against pollution

    The system for collecting and disposing of the waste and the equipment for preventing and

    eliminating pollution shall be complete, and the discharge thereof shall meet the requirements for

    protecting the environment.

Article 6 To apply for establishing the production enterprises of feed products from animal sources,

    one shall fill in and submit the Written Application for Producing the Feed Products from Animal

    Sources and offer the related materials in conformity with the conditions prescribed in Article 5.

    The Written Application for Producing the Feed Products from Animal Sources can be got, free of

    charge, from the feed administrative department of the people’s government at the provincial level at

    the locality of the enterprise or downloaded at the website of china feedwebsite: http//www.chinafeed.org.cn.

Article 7 After receiving the Written Application for Producing the Feed Products from Animal

    Sources and the related materials, the feed administrative department of people’s government at the

    provincial level shall finish examining and verifying the materials of the enterprise within fifteen

    working days and submit them to the panel of appraisal for examination and appraisal, and it shall

    make the examination decision within five working days after receiving the appraisal opinions. If it decides not to approve the issuance, it shall notify the applicant in writing and explain the reasons.

    In case the application materials are not complete or not in accordance with the prescribed

    conditions, the applicant shall be notified just once of the necessary contents that should be

    supplemented and corrected within five working days.

    The form of Certificate of Quality of the Safety and Health of Feed Products from Animal Sources

    shall be worked out by the Ministry of Agriculture.

Article 8 The panel of appraisal shall be composed of three to five appraisers and technology

    experts. The appraisers shall be trained to be eligible by the Ministry of Agriculture. The panel of appraisal shall conduct on-site inspections on the production conditions of the applicant.

Chapter ? Production Management

    Article 9 The enterprise shall establish the following systems: (1) system of post responsibility;

    (2) system of production management

    (3) system of checking and testing;

    (4) system of standards and quality guarantee;

    (5) system of safety and health;

    (6) system of keeping products’ samples and observing; and (7) system of measurement management.

Article10 The management of the raw materials of the enterprise shall meet the following

    requirements:

    (1) The purchasing and getting-out of warehouse of raw materials shall be completely noted, and the

    notes shall be kept for two years at least. No decayed, polluted animal materials and the animal

    materials from the animal epidemic-stricken areas may be purchased; (2) The raw materials shall be piled up according to the categories and marked definitely; and the

    qualified and disqualified materials, materials from the mammals and from other animals shall be

    guaranteed to be separated. No material may be placed outdoors; and (3) The use of raw materials shall follow the principle of “first in, first out”. They shall be filtrated

    before the use, and the disqualified shall be removed and made harmless.

    Article 11 The management of production process of the enterprise shall satisfy the following requirements:

    (1) No unnecessary equipment and goods may be piled up within the plant, for fear of propagating

    the harmful organism;

    (2) The equipment and instruments for manufacturing, packaging, storing and transporting shall be cleaned and disinfected periodically;

    (3) Prior to using the same equipment for producing different feed products from animal sources, the

    equipment shall be thoroughly cleaned with a view to avoiding the cross contamination;

    (4) The operating personnel shall have the health certificate, and the personnel of the special task

    shall have a physical examination every half year;

    (5) The production shall be conducted in strict accordance with the production technological

    process; and

    (6) The production record, including the species and quantity of materials, the production date, the

    quantity of the products and the conditions of the production technology, shall be made and kept for

    two years at least.

Article 12 The management of finished products of the enterprise shall satisfy the following

    requirements:

    (1) The finished products shall be checked as qualified, and the inspection record and report shall be

    made. The inspection items shall include the total number of bacteria, colon bacillus, salmonella, heavy metal, bacteria of special cause of disease and other indexes of safety and health;

    (2) In case the finished products are polluted by the harmful and poisonous substances or the quality

    of the finished products is destroyed due to other reasons, they shall be destroyed immediately, and

    the reasons thereof shall be found out and a record shall be made; and (3) The finished products shall be piled up according to the categories to prevent wrong and mixed

    loading.

Article 13 The package of the products shall not be broken and damaged and be attached by the

    definite and striking signs and labels.

    If the package needs to be used again, it shall be cleaned, washed and sterilized.

    Article 14 The label of products shall conform to the standards of the national feed labels and indicate the names of the animal sources and the serial number of the Certificate of Quality of the

Safety and Health of Feed Products from Animal Sources.

    Except milk and diary products, the feed products from animal sources shall be indicated with the words of “this product may not be fed to the ruminants” on the label in addition.

Chapter ? Management of Operation, Import and Use

    Article 15 When the products operator purchases the feed products from animal sources, he shall

    check the label and quality certificate of the products.

    No feed product from animal sources, whose business label is not in conformity with the prescription of Article 14 of the present Measures, may be dealt in.

Article 16 One should obtain the registration certificate for importing products in light of the

    prescription of the Administrative Measures for the Registration of Imported Feed and Feed Additives for importing the feed products from animal sources. No feed products from animal sources from the countries (regions) stricken with animals’ plague

    may be imported.

    No feed products from animal sources, which are transited through the third country (region) from

    the countries and regions stricken with animals’ plague, may be imported.

Article 17 For the feed products from animal sources which have been given the registration

    certificate of products, the registration certificate of products shall become invalid as of the

    prohibition day, once the Ministry of Agriculture announces their prohibition. The enterprises that

    have obtained the certificate shall return the registration certificate of products to the Ministry of

    Agriculture, and the Ministry of Agriculture shall cancel them and make an announcement. For the feed products from animal sources whose import has been announced to be suspended by the

    Ministry of Agriculture, the registration certificates of products thereof shall cease to be used within the suspension period.

Article 18 No feed product from animal sources may be used in the feed of the ruminants excluding

    milk and diary products.

    Article 19 No imported feed product from animal sources without the registration certificate of products may be dealt in and used. No feed products from animal sources without the Certificate of

    Quality of the Safety and Health of Feed Products from Animal Sources may be dealt in and used.

Chapter ? Supervision and Inspection

    Article 20 The production enterprise shall fill in the record-keeping form of the conditions of production and operation and submit it to the feed administrative department of the people’s

    government at the provincial level for the record-keeping purpose. The record-keeping form shall be offered, free of charge, by the feed administrative department of

    the people’s government at the provincial level, and the enterprises also can download it at the

    website of chinafeed (website: http//www.chinafeed.org.cn ). The Ministry of Agriculture shall conduct supervisions over the record-keeping work periodically.

Article 21 The feed administrative department of the local people’s government at the county level

    or above shall conduct the on-site inspection to the production enterprise of feed products from animal sources periodically, but it may not disturb the normal business activities of the enterprises,

    may not seek for or accept money and goods, and may not seek for other interests.

    Article 22 During the periods of putting-on-record and conducting the on-site investigation, where the feed administrative department of the local people’s government at the county level or above

    finds that the production conditions of the production enterprise of the feed products from animal sources have experienced great changes, or that the production enterprise possesses serious hidden

    danger of safety and health or safety problem of products’ quality, or has other circumstances

    contrary to the present Measures, it shall conduct the investigation in accordance with law and

timely make the decision as to how to handle them.

Article 23 The feed administrative department of the people’s government at the provincial level

    shall take back and cancel the Certificate of Quality of the Safety and Health of Feed Products from

    Animal Sources and make a public notice, in case the production enterprise is under any of the

    following circumstances:

    (1) The fundamental conditions have underwent relatively great changes, and it doesn’t possess the basic production and sanitary conditions;

    (2) It has stopped production for more than two years; (3) It has gone bankrupt or has been merged;

    (4) It doesn’t notify the department in-charge when it changes the place of plant;

    (5) It buys, sells, transfers, leases or lends the Certificate of Quality of the Safety and Health of Feed

    Products from Animal Sources; or

    (6) It hasn’t submitted the record-keeping materials for two consecutive years, and refuses to correct

    after being supervised and urged.

Chapter ? Penalty Provisions

    Article 24 In case anyone obtains the Certificate of Quality of the Safety and Health of Feed

    Products from Animal Sources through illegitimate means of deceiving or giving the bribery, the

    feed administrative department of the people’s government at the provincial level shall cancel the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources and make an

    announcement, and it shall not accept any application put forward by this applicant within three

    years.

Article 25 In case anyone buys, sells, transfers, leases or lends the Certificate of Quality of the

    Safety and Health of Feed Products from Animal Sources, he/it shall be imposed upon a fine of

    within three times the illegal proceeds where there are illegal proceeds, with the highest fine of no more than 30,000 yuan. Where there are no illegal proceeds, he/it shall be fined no more than 10,000

    yuan.

Article 26 In case anyone manufactures the feed products from animal sources without obtaining, or

    by counterfeiting or forging the Certificate of Quality of the Safety and Health of Feed Products

    from Animal Sources, he/it shall be imposed upon a fine within three times the illegal proceeds

    where there are illegal proceeds, with the highest fine of no more than 30,000 yuan. Where there are no illegal proceeds, he/it shall be fined no more than 10,000 yuan.

Article 27 Anyone who violates the prescription of Article 10, Article 11, and Article 12 shall be

    warned and ordered to correct within a time limit. Anyone who doesn’t correct within a time limit or commits the same illegal conducts again shall be fined 1,000 yuan up to 10,000 yuan.

Article 28 Anyone who deals in and uses the feed products from animal sources without obtaining

    the Certificate of Quality of the Safety and Health of Feed Products from Animal Sources shall be

    ordered to correct. Where there are illegal proceeds, he/it shall be imposed upon a fine of twice the

    illegal proceeds but with the highest fine of no more than 30,000 yuan. Where there are no illegal

    proceeds, he/it shall be fined no more than 10,000 yuan.

Article 29 Other violations of the present Measures shall be punished in accordance with the

    relevant prescriptions of the Measures for the Administration of Feed and Feed Additives.

Chapter ? Supplementary Provisions

    Article 30 Any enterprise of feed products from animal sources established prior to the

    implementation of the present Measures shall obtain the Certificate of Quality of the Safety and

    Health of Feed Products from Animal Sources within six months from the date of the

    implementation of the present Measures.

    Article 31 The present Measures shall come into force as of October1, 2004.

Attachment:

    Catalogue of the Feed Products from Animal Sources

    1. meat meal(livestock and poultry), flesh bone dust(livestock and poultry) 2. fish flour, fish oil, fish ointment, prawn flour, squid liver flour, squid flour, cuttlefish ointment,

    cuttlefish flour, fish concentrated flour, dried scallop concentrated flour 3. blood meal, plasma meal, blood cell meal, blood corpuscle meal, serum meal, fermented blood

    meal

    4. dust of leftover bits and pieces of animals, feather dust, hydrolyzed feather dust, hydrolyzed hair

    protein dust, leather protein dust, hoof dust, horn dust, chicken giblets dust, intestinal mucosa protein meal, gelatin

    5. whey powder, milk powder, chocolate milk powder, egg powder 6. silkworm chrysalis, maggot, stewed worm egg

    7. bone dust, bone ash, boneblack, bony calcium phosphate, prawn shell dust, egg shell dust, bone

    glue

    8. animal oil residue, animal fat, feed mixed oil

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