Article 41 / 第四十一条 — Penalty for Production Without Licence
Article 41 (第四十一条) sets penalties for producing feed or feed additives without a valid production licence.
Production without a licence. Where feed or feed additives are produced without a production licence (未取得生产许可证生产饲料、饲料添加剂), the feed administration department of the local people's government at or above the county level (县级以上地方人民政府饲料管理部门) shall order cessation of production and confiscate the illegal gains, the illegally produced products, and the feed materials, single feeds, feed additives, medicated feed additives, additive premixes used for the illegal production of feed, and raw materials for the illegal production of feed additives. The fine scales with goods value:
- Value less than RMB 10,000 (货值金额不足 1 万元): concurrent fine of not less than RMB 10,000 but not more than RMB 50,000 (并处 1 万元以上 5 万元以下罚款).
- Value RMB 10,000 or more (货值金额 1 万元以上): concurrent fine of not less than 5 times but not more than 10 times the value (并处货值金额 5 倍以上 10 倍以下罚款).
- Where the circumstances are serious (情节严重的), the production equipment shall be confiscated (没收其生产设备), and the principal person in charge (主要负责人) and the directly responsible person in charge (直接负责的主管人员) shall not engage in feed and feed additive production or operation for 10 years (10 年内不得从事饲料、饲料添加剂生产、经营活动).
Loss of qualifying conditions after licensing. Where a production licence has been obtained but the conditions in Article 14 of this Regulation are no longer met and production continues (不再具备本条例第十四条规定的条件而继续生产), the same department shall order cessation of production and correction within a time limit (责令停止生产、限期改正) and impose a fine of not less than RMB 10,000 but not more than RMB 50,000 (并处 1 万元以上 5 万元以下罚款). Where correction is not made within the time limit (逾期不改正的), the licence-issuing authority (发证机关) shall revoke the production licence (吊销生产许可证).
Source: pdf-raw/cn-approvals/cn_feed_regulation_2011.pdf · 饲料和饲料添加剂管理条例 Article 41