Article 44 / 第四十四条 — Penalty for Failure to Inspect or Follow Production Standards
Article 44 (第四十四条) penalizes feed and feed-additive production enterprises that fail inspection or quality-management obligations.
Base penalty. Where such an enterprise commits any of the following acts, 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 correction (责令改正) and impose a fine of not less than RMB 10,000 but not more than RMB 20,000 (处 1 万元以上 2 万元以下罚款).
Refusal to correct (aggravated). Where correction is refused (拒不改正的), the illegal gains, the illegally produced products, and the feed materials, single feeds, feed additives, medicated feed additives, additive premixes and raw materials used for the illegal production of feed and feed additives shall be confiscated, and a concurrent fine of not less than RMB 50,000 but not more than RMB 100,000 (并处 5 万元以上 10 万元以下罚款) shall be imposed. Where the circumstances are serious (情节严重的), the enterprise shall be ordered to cease production (责令停止生产), and the licence-issuing authority (发证机关) may revoke the relevant licence documents (吊销、撤销相关许可证明文件).
Three covered failures:
- Failing to inspect or test purchased feed materials, single feeds, feed additives, medicated feed additives, additive premixes, and raw materials for feed-additive production in accordance with the provisions of the administrative department for agriculture under the State Council (国务院农业行政主管部门) and relevant standards.
- Failing to comply with the feed and feed additive quality and safety management norms (饲料、饲料添加剂质量安全管理规范) and the feed additive safe-use norms (饲料添加剂安全使用规范) formulated by the said department during production.
- Producing feed or feed additives without product quality inspection (未经产品质量检验).
Source: pdf-raw/cn-approvals/cn_feed_regulation_2011.pdf · 饲料和饲料添加剂管理条例 Article 44