Article 51 / 第五十一条 — Penalty for Adulteration, Substandard, or Mislabeled Feed / Feed Additives
Article 51 (第五十一条) sets out administrative penalties for feed and feed-additive producers and operators that commit certain enumerated violations.
Enforcement and base penalties. Where a feed or feed additive production enterprise or operator (饲料、饲料添加剂生产企业、经营者) 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 cessation of production or operation and confiscate the illegal gains and the illegally produced or operated products. The fine scales with the value of the goods:
- Where the value of the illegally produced or operated products is less than RMB 10,000 (货值金额不足 1 万元), a concurrent fine of not less than RMB 2,000 but not more than RMB 20,000 (并处 2000 元以上 2 万元以下罚款) is imposed.
- Where the value is RMB 10,000 or more (货值金额 1 万元以上), a concurrent fine of not less than 2 times but not more than 5 times the value (并处货值金额 2 倍以上 5 倍以下罚款) is imposed.
- Where a crime is constituted (构成犯罪的), criminal liability shall be investigated in accordance with the law (依法追究刑事责任).
Three covered violations:
- In production or operation, using non-feed or non-feed-additive to pass off as feed or feed additive (以非饲料、非饲料添加剂冒充饲料、饲料添加剂), or using one type of feed or feed additive to pass off as another type (以此种饲料、饲料添加剂冒充他种饲料、饲料添加剂).
- Producing or operating feed or feed additives that have no product quality standard (无产品质量标准) or that fail to meet the product quality standard (不符合产品质量标准).
- Producing or operating feed or feed additives that are inconsistent with the contents indicated on the label (与标签标示的内容不一致).
Aggravated consequences. Where a production enterprise commits the above and the circumstances are serious (情节严重的), the licence-issuing authority (发证机关) shall revoke the relevant licence documents (吊销、撤销相关许可证明文件). Where an operator commits the above and the circumstances are serious, the industrial and commercial administration department (工商行政管理部门) shall be notified to revoke the business licence (吊销营业执照).
Source: pdf-raw/cn-approvals/cn_feed_regulation_2011.pdf · 饲料和饲料添加剂管理条例 Article 51