Article 43 — Penalty for Use of Restricted / Unlisted / Uncertified Feed Materials (第四十三条)
Article 43 (第四十三条) of 《饲料和饲料添加剂管理条例》 (Regulation on the Administration of Feed and Feed Additives) sets administrative penalties for a feed or feed additive production enterprise that commits any of the acts below. The competent authority is 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), which shall order correction and confiscate illegal gains, the illegally produced products, and the relevant raw materials (feed materials, single feeds, feed additives, medicated feed additives, additive premixes, and materials used for illegal production).
Penalty tiers:
- Where the value of the illegally produced products is less than RMB 10,000 (货值金额不足 1 万元): a concurrent fine of RMB 10,000–50,000 (1 万元以上 5 万元以下).
- Where the value is RMB 10,000 or more (货值金额 1 万元以上): a concurrent fine of 5–10 times the value (货值金额 5 倍以上 10 倍以下).
- Where circumstances are serious (情节严重的): the licence-issuing authority revokes or annuls the relevant licence documents; the principal responsible person and the directly responsible manager are barred from feed / feed-additive production or operation for 10 years (10 年内不得从事…); criminal liability is pursued where a crime is constituted.
Three violating acts (一)–(三):
- Using restricted (限制使用的) feed materials, single feeds, feed additives, medicated feed additives, or additive premixes to produce feed without complying with the restrictive provisions of the administrative department for agriculture under the State Council.
- Using substances outside the catalogues published by the administrative department for agriculture under the State Council — 《饲料原料目录》 (Feed Materials Catalogue), 《饲料添加剂品种目录》 (Feed Additive Variety Catalogue), and 《药物饲料添加剂品种目录》 (Medicated Feed Additive Variety Catalogue) — to produce feed.
- Producing new feeds / new feed additives that have not obtained a new feed or new feed additive certificate (新饲料、新饲料添加剂证书), or producing prohibited feeds / feed additives (禁用的饲料、饲料添加剂).
Source: pdf-raw/cn-approvals/cn_feed_regulation_2011.pdf · 饲料和饲料添加剂管理条例 Article 43