Decree of the People’s Government of Hubei Province
| 索 引 号 | 011043217/2019-60515 | 分 类 | 资源环境 |
|---|---|---|---|
| 发布机构 | 湖北省政府 | 发文日期 | 2002-01-23 |
| 文 号 | No. 223 | 有 效 性 | 有效 |
Decree of the People’s Government of Hubei Province
No. 223
Administration Measures of Hubei Province on Prevention and Control of Animal Epidemics, deliberated and adopted at the Executive Meeting of the People’s Government of Hubei Province on January 15, 2002, are hereby promulgated and shall come into force as of March 1, 2002.
Governor: Zhang Guoguang
January 23, 2002
Administration Measures of Hubei Province on Prevention and Control of Animal Epidemics
Chapter One General Provisions
Article 1. With a view to ensuring the sound development of animal husbandry and safeguarding the human health, these Administration Measures are formulated in accordance with Animal Epidemic Prevention Law of the People's Republic of China and other laws, rules and regulations and in light of the actual situation of the Province.
Article 2. The prevention and control of animal epidemics in these administration measures refers to the immunization, monitoring, sterilization of the animal epidemics, and the epidemic prevention conditions, etc.
Whoever of the units and individuals that engage in animal breeding, or in the production, processing, business operation, storage and transportation, refrigeration of the animal products, or in storing and utilizing the microorganism of animal epidemic sources, or in transporting the animal epidemic materials owing to special needs within the administrative area of the Province, shall abide by these Administration Measures.
Considering the animal or the animal product which is used as food when proved qualified in the quarantine test, its sanitary inspection and supervision shall be implemented in accordance with Food Hygiene Law of the People’s Republic of China.
Article 3. The government chief responsibility system shall be adopted in the prevention and control of animal epidemics. And the outlays for prevention and control of animal epidemics shall be brought into the finance budget.
Article 4. The provincial competent administrative department of animal husbandry and veterinary shall take charge of the administration on prevention and control of animal epidemics in the whole Province.
The competent administrative department of animal husbandry and veterinary above county level shall take charge of the administration on prevention and control of animal epidemics in its own administrative area. The township or town animal husbandry and veterinary office shall, under the supervision and guidance of the county supervision organ of animal epidemics, implement the specific prevention and control of animal epidemics.
Article 5. The supervision organ of animal epidemic prevention and the township or town animal husbandry and veterinary office shall be equipped with the animal epidemic prevention professionals. The animal epidemic prevention professional shall engage in the activities pertinent to prevention and control of animal epidemics only after his acquisition of the corresponding professional skills and the Certificate for Animal Epidemic Prevention Professional. The person engaged in animal epidemic prevention in a large-scale feeding lot shall also obtain the Certificate for Animal Epidemic Prevention Professional.
Chapter Two Immunization of Animal Epidemics
Article 6. The provincial competent administrative department of animal husbandry and veterinary shall organize the compilation of the plan for immunization of animal epidemics in the whole Province in accordance with the actual situation of the Province.
The city or canton or county (city, district) competent administrative department of animal husbandry and veterinary shall organize the compilation of the plan for immunization of animal epidemics in the local area in accordance with the plan formulated by the provincial competent administrative department of animal husbandry and veterinary and in light of the actual situation of the local area. The implementation shall be operated only after the plan is reported to and approved by the people’s government at the same level.
Article 7. Biological product used in the prevention shall be supplied by the supervision organ of animal epidemic prevention.
The outlays for immunization of animal epidemic shall be paid by the beneficiary in accordance with previsions of the State.
Article 8. The animal epidemic seriously endangering the husbandry production and the health of both people and livestock, such as foot and mouth epidemic, swine fever, bird flu, chicken newcastle disease, etc. shall be compulsorily immunized.
The planned immunization shall be adopted for animal epidemics, such as swine pleuropneumonia, swine erysipelas, swine streptococcus, swine pseudorabies, piglet porcine paratyphoid, Bovine Pasteurella, cattle anthrax, fowl cholera, chicken Marek's Disease, chicken Infectious bronchitis, chicken Infectious bursal disease, duck plague, gosling plague, and goat pox, etc.
Article 9. The animals breeding in the large-scale animal feeding lot satisfying the conditions prescribed by the provincial competent administrative department of animal husbandry and veterinary shall be immunized by its own effort. The animals raised by other units or individuals shall be immunized by the local supervision organ of animal epidemic prevention.
Article 10. The supervision organ for animal epidemic prevention shall provide the unit or individual that breeds animals with the Animal Epidemic Prevention Certificate uniformly made by the competent administrative department of animal husbandry and veterinary in State Council after the immunization of the animals; and shall stamp the immunization marks on the swine, cattle, goat and other animals in accordance with the competent administrative department of agriculture in State Council.
The immunization of animals in the animal feeding lot by its own effort shall be reported to the supervision organ for animal epidemic prevention above county level for supervision and inspection. If it proves qualified, the organ for animal epidemic prevention shall provide the animal feeding lot with the Animal Epidemic Prevention Certificate uniformly made by the competent administrative department of animal husbandry and veterinary in State Council, and shall stamp the immunization marks in accordance with the prescription in the first paragraph.
Chapter Three Report of Animal Epidemics
Article 11. The animal feeder has the responsibility and obligation to make immediate report of epidemics to the local supervision organ for animal epidemic prevention. And the supervision organ for animal epidemic prevention at all levels shall truthfully fill in the report form for animal epidemic. It is forbidden for any unit or individual to cover the truth, practice fraud or hinder the report of animal epidemics by other people.
Article 12. The large-scale animal feeding lot shall accept the supervision inspection and monitoring of the animals by the supervision organ for animal epidemic prevention. The category of animal epidemics under monitoring shall be fixed by the provincial competent administrative department of animal husbandry and veterinary.
Article 13. When finding the animal epidemics in the course of monitoring, the supervision organ for animal epidemic prevention at all levels shall make immediate report to its superior in accordance with provisions and shall still make an immediate decontamination disposal of the contaminated animals and animal products in the local area.
Article 14. The animal epidemic situation shall be publicized by the provincial competent administrative department of animal husbandry and veterinary. It is forbidden for any unit or individual to publicize the animal epidemic situation by any means.
The animal epidemic report and investigation data shall be administered and handed over in accordance with the relevant laws, rules and regulations in aspect of archive administration.
Chapter Four Conditions for Animal Epidemic Prevention
Article 15. The large-scale animal feeding lot shall satisfy the following conditions:
The factory site shall locate in a region easy for a closed management, in which the production area (feeding area) shall be separate from the living area and office area. The disinfection tank shall be set up on the ground in the passage to the gate of the production area.
A veterinarian working shop and a small-size laboratory corresponding to the scale of the animal feeding lot shall be built in the factory site, which shall be equipped with the necessary testing instruments, appliances, and medicines for prevention and chemical analysis.
The animal feeding lot shall be equipped with the veterinarian and epidemic prevention professionals corresponding to its production scale. And the administration system for animal epidemic prevention including regular immunization, quarantine, sterilization and the like shall be established.
The animal feeding lot may handle procedures for issuance of the Acceptance Certificate for Animal Epidemic Prevention only after its being monitored and inspected by the local supervision organ for animal epidemic prevention above county level satisfying the non-epidemic standard of the State.
Article 16. The animal storage site, freight station and trading market shall satisfy the conditions for animal epidemic prevention corresponding to that of the animal feeding lot.
Article 17. The slaughterhouse (factory or shop) and the meat processing factory shall satisfy the following conditions:
The site selection for the slaughterhouse (factory or shop) and the meat processing factory shall comply with the principles of “convenient for people, reasonable in location, favorable for production, stimulating to the circulation and easy to quarantine and administration”. The slaughterhouse (factory or shop) shall be distant from the surface source protection zone for domestic and drinking water and not disturbing or impacting the people’s life and the public activities in the surrounding area.
The slaughterhouse shall be equipped with the waiting room, the deceased animal isolation room, the diseased animal slaughter room, and the decontamination disposal room, the waste disposal facility, the animal quarantine testing room, and the quarantine professionals’ duty room, which are corresponding to the slaughter capacity and satisfying the provisions on animal epidemic prevention.
The entrance and exit of the slaughter house shall be equipped with the disinfection tank with the functional animal epidemic sterilization and quarantine administration system and the sterilization facilities satisfying the requirement.
Article 18. The refrigeration site for the animal product shall satisfy the following conditions:
1).The mechanical equipment in the refrigeration site for the animal products shall satisfy the requirements for animal epidemic prevention.
2). The refrigeration site for the animal products shall be equipped with the product shelves, with the labels indicating the product category, home of product, production time, quantity, and status of quarantine, etc.
3). The system of regular shutdown, defrosting, and heating sterilization shall be established in the refrigeration site for the animal products; the detailed operation record and registration shall be performed. The sterilization method and medicines shall satisfy the hygiene criterion and requirement.
Article 19. The vehicle for transporting the animal and the animal product shall satisfy the following conditions:
1).Any vehicle that has once carried the chemical fertilizer, farm chemicals and other toxic and noxious articles, or the contaminants of the animal and animal products shall load for transportation only after its being thoroughly cleaned, rinsed, and sterilized by the cargo owner before the loading action, inspected by the animal epidemic quarantine inspector, and issued with the Sterilization Certificate for Transportation Vehicle of Animal Products.
2). The vehicle for carrying the fresh animal carcass (including the dissected parts), fat, viscera, blood, head, and hooves shall be airtight with the smooth, washable and sterilized inner surface, not allowing leakage of bloody water and waste.
3). The padding materials for carrying the animal or the animal products shall be innocuous and harmless, easy for rinse, sterilization and decontamination disposal.
4). The refrigeration transportation vehicle shall be used in carrying the frozen animal products.
Article 20. Regarding the animal product that leaves the factory, or that is distributed or transported in a package, its package shall be innocuous, harmless and transparent, labeling the production time, factory title, and ingredients and be stamped on the right corner with the acceptance certificate for animal epidemic quarantine after its being inspected by the animal quarantine professional.
Article 21. The storage, utilization and transportation of the microorganism of animal epidemic sources shall satisfy the conditions for animal epidemic prevention and be implemented in accordance with the relevant provisions of the State.
Article 22. The people engaged in processing the animal or the animal products shall satisfy the following conditions:
1).without any epidemic disease contracted commonly by both human beings and livestock;
2). knowing well the basics in animal epidemic prevention and complying with the relevant laws and rules.
Chapter Five Legal Responsibility
Article 23. Regarding actions against these Administration Measures, if there are provisions for administrative penalty in the laws, rules and regulations, these provisions shall prevail.
Article 24. If there is the case of failing to produce the Animal Immunization Certificate or refusing the immunization, the supervision organ for animal epidemic prevention shall not issue the Acceptance Certificate for Animal Quarantine and shall perform compulsory immunization of the animals involved.
Article 25. Anyone that violates the provisions on monitoring and administration of animal epidemic prevention shall be imposed upon with a penalty by the supervision organ for animal epidemic prevention.
1).Anyone that escapes or refuses the monitoring and inspection by the supervision organ for animal epidemic prevention shall be imposed upon with a fine of over two thousand Yuan but less than five thousand Yuan.
2). Anyone that forges and alters the Animal Immunization Certificate or uses the expired Animal Immunization Certificate shall be imposed upon with a fine of over one thousand Yuan but less than five thousand Yuan.
Article 26. Anyone that makes illegal business operation of vaccines and biological products for animal epidemic prevention shall be imposed upon with an admonition and be ordered to make correction by the competent administrative department of animal husbandry and veterinary; if the party concerned refuses to make correction, his vaccines, biological products and illegal income shall be confiscated and he shall be imposed upon with a fine of over ten thousand Yuan and less than thirty thousand Yuan.
Article 27. If someone does not accept the immunization and thus impedes the animal epidemic prevention, resulting in the expanding and spreading of the epidemics, and leading to the serious losses of other people, the party concerned shall make compensation to the victims; if such action breaks the criminal law, the criminal responsibility shall be investigated by the judiciary organ.
Article 28. Any working member of the supervision organ for animal epidemic prevention that neglects his duty, abuses his power, and practices illegalities for private gains, shall be imposed upon with an administrative penalty by his superior competent administrative department or supervision department; if such action breaks the criminal law, the criminal responsibility shall be investigated by the judiciary organ.
Article 29. Where the party concerned refuses to accept the administrative penalty, he may apply for the administrative reconsideration or bring it to the people’s court. If the party concerned does not apply for the administrative reconsideration, nor brings it to the people’s court, or refuses to accept the administrative penalty, the department which makes the administrative penalty shall apply to the people’s court for coercive execution.
Chapter Six Supplementary Provision
Article 30. These Administrative Measures shall come into force as of March 1, 2002.
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