Chapter I General Provisions
Article I. For the purpose of standardizing the supervision of the inspection and quarantine of entry and exit feed and feed additives, to improve the safety of entry and exit feed and feed additives, and to protect the health of animals and human beings, these Measures are enacted in accordance with the Quarantine Law of the People’s Republic of China on Entry and Exit Animals and Plants and its implementing regulations, the Law of the People's Republic of China on Import and Export Commodity Inspection and its implementing regulations, the Special Provisions of the State Council on Strengthening the Supervision of Food and Other Products Safety and other relevant laws and regulations.
Article II. These Measures are applicable to the inspection, quarantine, supervision of the entry, exit and transit feed and feed additives (hereinafter referred to as “feed”).
The animals and plants and their products used for feed shall be managed in accordance with the provisions of these Measures.
These Measures shall not apply to medicated feed additives.
Article III. The General Administration of Customs shall be uniformly in charge of the inspection, quarantine, supervision of entry and exit feed throughout the country.
The competent customs shall be responsible for the inspection, quarantine, supervision of entry and exit feed in the areas under its jurisdiction.
Chapter II Risk Management
Article IV. The General Administration of Customs shall carry out risk management on entry and exit feed, including, based on risk analysis, measures such as product risk classification, manufacturer classification, supervision system review, risk monitoring and warning, etc., for entry and exit feed.
Article V. The Customs shall adopt different supervision modes of inspection and quarantine and make dynamic adjustments according to the product risk of the entry and exit feed.
Article VI. The Customs shall, according to the product risks of entry and exit feed, the manufacturer integrity, safety and hygiene control and the effectiveness of the supervision system, etc., carry out manufacturer classification management for registered overseas manufacturers of production, processing and storage (hereinafter referred to as “overseas manufacturers”) and domestic manufacturers of production, processing and storage the exit feed (hereinafter referred to as “exit manufacturers”), adopt different inspection and quarantine supervision modes and make dynamic adjustments.
Article VII. The General Administration of Customs shall, according to the categories of feed products, formulate the requirements for inspection and quarantine of entry feed, analyse the risk of the country (area) that export feed to China for the first time, conduct a retrospective review on the country (area) that has exported or is exporting feed to China, and focus on reviewing its feed safety supervision system. According to the results of risk analysis or retrospective review, make adjustments and publish the list of countries (areas) that are allowed to import feed and the categories of feed products.
Article VIII. The General Administration of Customs shall implement risk monitoring over the entry and exit feed, formulate an annual risk monitoring plan for the entry and exit feed, and prepare an annual risk monitoring report. The Customs directly under the jurisdiction shall formulate a specific implementation plan and organize the implementation in light of the actual local situation.
Article IX. The General Administration of Customs shall, according to the safety situation of entry and exit feed, the problems found in inspection and quarantine, the issues notified by relevant organizations at home and abroad, and the feed safety problems occurring in the domestic and foreign markets, timely issue risk warning information based on risk analysis.
Chapter III Import Inspection and Quarantine
Section I Registration
Article X. The General Administration of Customs shall implement a registration system for the manufacturers of the countries or regions that permit the entry of feed, and the entry feed shall come from the registered overseas manufacturer.
Article XI. The overseas manufacturer shall comply with the relevant requirements of the laws, regulations and standards of the exporting country (area), and shall meet the equivalent requirements of the relevant laws, regulations and standards of China, and shall be recommended to the General Administration of Customs after being examined and approved by the competent authorities of the exporting country (area). Recommended materials should include:
(I) Manufacturer Information: Manufacturer name, address, official approval number;
(II) Information on registered products: Registered product name, main raw materials, uses, etc.;
(III) Official certificates: to prove that the recommended manufacturers have been approved by the competent authorities and their products are allowed to be sold freely in the exporting country (area).
Article XII. The General Administration of Customs shall review the recommended materials.
If the review is unqualified, the competent authorities of the exporting country (area) shall be notified to make corrections.
If the review is qualified, after consultation with the competent authorities of the exporting country (area), the General Administration of Customs shall appoint experts to the exporting country (area) to review its feed safety supervision system and conduct spot checks on the manufacturers applying for registration. Manufacturers that fail to meet the requirements in the spot check will not be registered, and the reasons shall be notified to the competent authorities of the exporting country (area); other recommended manufacturers that meet the requirements in the spot checks and have not been checked in the spot checks will be registered, and be published on the official website of the General Administration of Customs.
Article XIII. The validity period of registration shall be five years.
For an overseas manufacturer that needs renewal, the renewal shall be submitted to the General Administration of Customs six months before the expiration of the validity period by the competent authorities of the exporting country (area). If necessary, the General Administration of Customs may appoint experts to the exporting country (area) to conduct a retrospective review of its feed safety supervision system, conduct spot checks on the overseas manufacturer that apply for renewal, for the overseas manufacturer applying for renewal that meets the requirements in the spot checks and others that have not been checked, the validity period of registration will be renewed by five years.
Article XIV. Where an overseas manufacturer that has been registered suspends the production, changes the line of production or closes down, or is revoked its production license or business license by the competent authorities of the exporting country (area), the General Administration of Customs shall cancel its registration.
Section II Inspection and Quarantine
Article XV. Where entry feed requires a Quarantine Permit for Animals and Plants Entry into the People’s Republic of China, the Quarantine Permit for Animals and Plants Entry into the People’s Republic of China shall be applied for in accordance with the relevant provisions.
Article XVI. The cargo owner or his agent shall, before or at the time of entry, declare for inspection and quarantine to the customs, and shall, at the time of applying for inspection and quarantine, provide the certificates of origin, trade contract, bill of lading, invoice, etc., and the certificates of inspection and quarantine of the exporting country (area) in accordance with the different requirements for the products.
Article XVII. The Customs shall, in accordance with the following requirements, carry out inspection and quarantine on entry feed:
(I) Chinese laws and regulations, mandatory national standards and relevant inspection and quarantine requirements;
(II) Bilateral agreements, protocols and memoranda;
(III) The requirements set out in the Quarantine Permit for Animals and Plants Entry into the People’s Republic of China.
Article XVIII. The Customs shall carry out inspection on-the-spot of entry feed in accordance with the following provisions:
(I) Verification of cargo and certificates: Verify whether the documents are in conformity with the name, quantity (weight), packing, date of production, container number, exporting country (area), name of production manufacturer and registration number of the cargo;
(II) Label inspection: Whether the labels conform to the national standards for feed labels;
(III) Sensory inspection: Whether the package or container is in good condition, whether it exceeds the shelf life, whether it is putrefied, whether it is carrying pest, whether there is soil, animal carcasses, animal excrement and other prohibited items.
Article XIX. In any of the following circumstances during the on-the-spot inspection, the Customs shall issue the Notice of Inspection and Quarantine Treatment, and the cargo shall be returned or destroyed by the owner or his or her agent under the supervision of the Customs:
(I) The exporting country (area) that has not been included in the list of countries or regions permitted to import;
(II) Products from the non-registered overseas manufacturer;
(III) Non-registered products from the registered overseas manufacturer;
(IV) The cargo inconsistent with the certificate;
(V) The label not up to standard and cannot be corrected;
(VI) Exceeding the shelf-life or become corrupted or deteriorated;
(VII) Soil, animal carcasses, animal excrement and quarantine pest are found, and effective quarantine treatment can't be carried out.
Article XX. The owner or the agent shall be responsible for tidying up if it is found that the bulk package or container has broken down during the on-the-spot inspection. Where the packaging is damaged and there is a risk of animal or plant epidemics, the contaminated sites, articles, and utensils shall be quarantined.
Article XXI. The Customs shall draw samples of products from different categories of overseas manufacturer according to the corresponding inspection and quarantine supervision mode, issue Sampling Certificates, and send them to a laboratory for safety and hygiene inspection.
Cargos that have been taken samples and sent to a laboratory for inspection shall be transferred to a place for inspection and storage designated by the Customs to await the results of the inspection.
Article XXII. The Customs shall issue the Certificate of Inspection and Quarantine of Entry Cargo for a permit if it has passed the inspection and quarantine.
If the inspection and quarantine are unqualified, the Customs shall issue the Notice of Inspection and Quarantine Treatment, and the owner or the agent shall, under the supervision of the Customs, carry out disinfectant treatment, return or destruction for the cargo, and the qualified cargo shall be allowed to enter the country after the disinfectant treatment. If a foreign claim is required, the Customs shall issue the relevant certificate. The Customs shall report to the General Administration of Customs the information about the non-conformity of the entry feed inspection and quarantine.
Article XXIII. The owner or the agent may not transfer, sell or use entry feed without authorization until they have obtained the Certificate of Inspection and Quarantine of Entry Cargo issued by the Customs.
Article XXIV. Where the entry feed is discharged at separate ports, the Customs at the port of first discharge shall inform the customs at the other port of discharge in writing of the results of inspection and quarantine and the handling thereof in a timely manner; if it is necessary to issue a certificate to the outside, the Customs at the port of the last discharge shall collect and issue the certificate.
Section III Supervision
Article XXV. There shall be labels in Chinese on the packages of entry feed, and the labels shall conform to the national standards for feed labels in China.
Import feed in bulk shall be packed in places designated by the Customs and added to the feed label before entering the country, and the feed that is transferred directly to the production or processing manufacturer designated by the Customs for the feed production will be exempted from the additional feed label.
Where the country has restrictions on the range of feed for entry animal-derived feed, the range of feed shall be specified on the packaging of animal-derived feed for sale on the market.
Article XXVI. The Customs implements record management on entry feed manufacturers (hereinafter referred to as import manufacturers). The import manufacturer shall file with the local customs office for the record before or at the time of the first declaration for inspection and quarantine.
Article XXVII. An import manufacturer shall establish an operation file to record information such as the inspection and quarantine number, product name, quantity/ weight, packing, exporting country (area), foreign exporter, name and registration number of the overseas manufacturer, Certificate of Inspection and Quarantine of Entry Cargo, flow direction of entry feed, etc., and the file shall be kept for a period of not less than two years.
Article XXVIII. The Customs shall conduct a periodic review of the operational files of the recorded import manufacturers. If the review result if unqualified, the manufacturer shall be included in the list of manufacturers with bad records, and its entry feed will be strictly inspected and quarantined.
Article XXIX. Where a feed safety accident occurred abroad involves a feed that has been imported, or the relevant domestic departments' reports or users complain about the safety and hygiene problems of the entry feed, the Customs shall carry out a retroactive investigation and handle the matter in accordance with the relevant national provisions.
Where the entry feed is in any of the circumstances listed in the preceding Chapter, which may cause damage to the health and safety of animals and human beings, the entry feed manufacturer shall voluntarily recall the feed and report to the Customs. If the import manufacturer fails to fulfil its obligation of recall, the Customs may order the import manufacturer to recall and include it in the list of manufacturers with bad records.
Chapter IV Export Inspection and Quarantine
Section I Registration
Article XXX. The General Administration of Customs shall implement a registration system for the export manufacturers of export feed, and the export feed shall come from the registered export manufacturers.
Article XXXI. A manufacturer applying for registration shall meet the following requirements:
(I) Plant, process, equipment and facilities.
1. The site shall avoid industrial pollution sources and maintain appropriate distances from the farms, slaughterhouses and settlements;
2. The layout of plant and workshop shall be reasonable, and the production area shall be separated from the living area and office area;
3. The process design is reasonable and meets the requirements of safety and hygiene;
4. There are plant, equipment and storage facilities appropriate to the production capacity;
5. It has facilities for the prevention and control of pests (rodents, flies, storage pests, birds, etc.).
(II) A quality control organ and professional and technical personnel suitable for the products it produces.
(III) Ability of testing in conformity with the safety and hygiene control.
(IV) The system of management.
1. The post responsibility system;
2. Personnel training system;
3. The system of health examination for employees;
4. Establish the quality management system according to the principle of Hazard Analysis and Critical Control Point (HACCP), and carry out self-inspection and self-control on the basis of risk analysis;
5. Standard Sanitation Operation Procedure (SSOP);
6. Appraisal and acceptance system for qualified suppliers of raw materials and packing materials;
7. Feed label management system and product traceability system;
8. Waste and wastewater treatment systems;
9. Customer complaints handling system;
10. Emergency management system for quality and safety emergencies.
(V) The requirements for export inspection and quarantine formulated by the General Administration of Customs in accordance with the types of feed products.
Article XXXII. An export manufacturer shall apply for registration with the Customs directly under the jurisdiction and submit the following materials:
(I) Application Form for Inspection and Quarantine Registration of Export Feed Production, Processing and Storage Manufacturers;
(II) Where the State department in charge of feed has requirements for review, production license, product approval number, etc., relevant approval documents shall be provided;
(III) The production process flow chart, which shall indicate the necessary technological parameters (except those involving commercial secrets);
(IV) The floor plan of the factory area and the photo or video material of the key area;
(V) List of products and raw materials for registration.
Article XXXIII. The Customs directly under the jurisdiction shall review the application materials in a timely manner, make a decision on acceptance or rejection within 5 days in accordance with the following circumstances, and notify the applicant in writing:
(I) where there are errors in the application materials which can be corrected on the spot, the applicant shall be allowed to correct on the spot;
(II) Where the application materials are incomplete or not in conformity with the statutory form, the applicant shall be informed on the spot or informed in writing within 5 days of all the contents required to be corrected; if the notification is not given within the time limit, the application shall be deemed to be accepted as of the date of receipt of the application materials;
(III) Where the application materials are complete and conform to the statutory form, or the applicant submits all the supplementary application materials as required, the application shall be accepted.
Article XXXIV. The Customs directly under the jurisdiction shall, after accepting the application, form a review group to conduct an on-the-spot review of the export manufacturers that have applied for registration. The review group shall submit the review report to the Customs directly under the jurisdiction after the on-the-spot review is completed.
Article XXXV. The Customs directly under the jurisdiction shall, within 20 days from the date of accepting the application, make a decision on whether or not to approve the registration of the applicant's application items; if the registration is approved, the Registration Certificate for Inspection and Quarantine of Export Feed Production, Processing and Storage Manufacturers shall be issued (hereinafter referred to as Registration Certificate).
If the Customs directly under the jurisdiction cannot make a decision within 20 days from the date of accepting the application, it may extend the period by 10 days upon the approval of the person in charge of the Customs directly under the jurisdiction, and the applicant shall be informed of the reasons for the extension.
Article XXXVI. The Registration Certificate shall take effect from the date of issuance with a period of validity of 5 years.
Export manufacturers belonging to the same manufacturer, located at different locations and having independent production lines and quality management systems shall apply for registration, respectively.
Each registered export manufacturer uses a registration number. The registration number of the registered export manufacturer is exclusively for the factory.
Article XXXVII. Where an export manufacturer changes its name, legal representative, product variety or production capacity, etc., it shall, within 30 days after the change, submit a written application to the Customs directly under the jurisdiction, fill in the Application Form for Registration of Inspection and Quarantine for the Export Feed Production, Processing and Storage Manufacturers, and submit the relevant materials relating to the change.
Where the manufacturer name or legal representative is changed, the Customs directly under the jurisdiction shall review and approve the relevant materials and deal with the change procedure directly.
Where the product variety or production capacity is changed, the Customs directly under the jurisdiction shall review the relevant materials and organize on-the-spot review and approval. After the review result is qualified, the change procedures shall be dealt with.
Where a manufacturer moves its address, it shall re-apply to the Customs directly under the jurisdiction for registration.
Where a manufacturer ceases to engage in export feed business due to suspension of production, changing the line of production or closing down shall, it shall go through the formalities for cancellation with the Customs directly under the jurisdiction.
Article XXXVIII. Where an export manufacturer that has obtained registration needs to extend the validity period of registration, it shall file an application in accordance with the provisions of these Measures three months before the expiration of the validity period.
Article XXXIX. The Customs directly under the jurisdiction shall, within 30 days after completing, altering or cancelling the registration, report the relevant information to the General Administration Of Customs for the record.
Article XL. Where the list of registered export manufacturers is required by the importing country or region, it shall be submitted to the General Administration of Customs after being examined and approved by the Customs directly under the jurisdiction. The General Administration of Customs shall, after organizing a spot assessment, recommend to the competent authorities of the importing country or region and go through the relevant procedures.
Section II Inspection and Quarantine
Article XLI. The Customs shall, in accordance with the following requirements, carry out inspection and quarantine on export feed:
(I) The requirements for inspection and quarantine of the importing country or region;
(II) Bilateral agreements, protocols and memoranda;
(III) Chinese laws and regulations, mandatory standards and relevant inspection and quarantine requirements;
(IV) Quarantine requirements specified in a trade contract or letter of credit.
Article XLII. Prior to the export of feed, the owner or the agent shall declare for inspection and quarantine to the Customs of the place of origin on the strength of the trade contract, the Ex-factory Qualification Certificate and other documents. The Customs shall review and verify the documents provided and shall accept the application for inspection and quarantine if the documents meet the requirements.
Article XLIII. After accepting the application for inspection and quarantine, the Customs shall carry out on-the-spot inspection and quarantine in accordance with the following provisions:
(I) Verification of cargo certificates: Verify whether the documents are in conformity with the name, quantity (weight), date of production, lot number, packing, mark, name of the export manufacturer or registration number of the cargo;
(II) Label inspection: Whether the labels conform to the requirements;
(III) Sensory inspection: Whether the package or container is in good condition, whether it is putrefied, whether it is carrying pest, whether there is soil, animal carcasses, animal excreta, etc.
Article XLIV. The Customs shall draw samples of the products from different categories of export manufacturers in accordance with the corresponding inspection and quarantine supervision mode, issue Sampling Certificates and send them to the laboratory for safety and hygiene inspection.
Article XLV. For those qualified in inspection and quarantine, the Customs shall issue such certificates as Inspection Certificate of Exit Cargo and Certificate of Inspection and Quarantine; For those unqualified in inspection and quarantine but dealt with by an effective method and re-inspected to be qualified, the relevant documents can be issued according to the relevant provisions for a permit through; for those unqualified in inspection and quarantine and not dealt with by an effective method or re-inspected to be unqualified after dealt with, it shall not be released, and a Notice of Non-Qualified Exit Cargo shall be issued.
Article XLVI. The Customs at the exit port shall examine the cargo in accordance with the relevant provisions on the Inspection Certificates of Exit Cargo, focusing on the conformity of the certificates and the cargo. Those unqualified in the examination and inspection will not be released.
Article XLVII. The customs at the place of origin shall exchange information with the Customs at the exit port in a timely manner.
In the course of inspection and quarantine, if safety and hygiene problems are found, corresponding measures shall be taken, which shall be promptly reported to the General Administration of Customs.
Section III Supervision
Article XLVIII. The export feed production and processing manufacturers that have obtained registration shall comply with the following requirements:
(I) Operate the self-inspection and self-control system effectively;
(II) Produce export products in accordance with the standards of the importing country or region or requirements of the contracts;
(III) Abide by the relevant provisions on the administration of pharmaceuticals and additives in China, and shall not store or use any pharmaceuticals or additives prohibited by China or the importing countries or regions;
(IV) Packaging, loading containers and means of transport for export feed shall conform to the requirements of safety and hygiene. Labels shall meet the relevant requirements of the importing country or region. The name or registration number of the product manufacturer and the purpose of the product shall be indicated on the packaging or label;
(V) Establish manufacturer file, record the name, quantity (weight) of raw materials used in the production process and their suppliers, acceptance of raw materials, self-control of self-inspection of semi-product and finished products, the warehousing in and out, export, pest control, product recall, etc., and the record file shall be kept for at least 2 years;
(VI) Truthfully fill in the Manual on the Supervision of Export Feed and record the contents such as the Customs supervision, sampling, inspection, annual verification and inspection by foreign official agencies, etc.
A feed storage manufacturer that has obtained registration shall establish a manufacturer file to record the name, quantity/ weight of the feed stored, the cargo owner, the warehousing in and out, the prevention and control of pests, and the record file shall be kept for at least 2 years.
Article XLIX. The customs shall implement routine supervision over the export manufacturers registered within its jurisdiction, including:
(I) Environmental hygiene;
(II) Measures for the prevention and control of pest;
(III) The effectiveness of self-inspection and self-control for the toxic and harmful substances;
(IV) Change of raw and auxiliary materials or their suppliers;
(V) Packing materials, matting materials and finished product storehouses;
(VI) The safety and hygiene of production equipment, utensils and means of transport;
(VII) The management of batches and labels;
(VIII) Other contents relating to safety and hygiene;
(IX) Record of the Manual on the Supervision of Export Feed.
Article L. The Customs shall implement annual verification to the registered export manufacturers, and those who pass the annual verification shall add a record of annual verification to the Registration Certificate (a copy).
Article LI. The Customs implements the record management of feed export manufacturers (hereinafter referred to as export manufacturers). An export manufacturer shall file with the local customs office for the record before or at the time of the first declaration for inspection and quarantine.
If the export and production is the same manufacturer, there is no need to file for the record.
Article LII. An export manufacturer shall establish a business file and accept the examination and verification by the Customs. The file shall record information such as inspection and quarantine number, product name, quantity (weight), packing, importing country or region, name of the foreign importer, name of supply manufacturer and its registration number of export feed. The file shall be kept for a period of at least 2 years.
Article LIII. The Customs shall establish credit files for registered export manufacturers and export manufacturers and establish a list of manufacturers with good records and of manufacturers with bad records.
Article LIV. Where the export feed has been detected by the customs at home and abroad with epidemic diseases, toxic and harmful substances exceeding the standard, or other safety and hygienic quality problems, the customs shall, after verifying the relevant conditions, implement strict inspection and quarantine supervision measures.
Article LV. When a registered export manufacturer or a recorded export manufacturer finds that the related products it produces or sells may be contaminated and affect feed safety, or that its export products are suspected of causing feed safety incidents abroad, it shall report it to the local customs within 24 hours and take control measures at the same time to prevent the unqualified products from continuing to leave the factory. Upon receipt of the report, the Customs shall report it to the General Administration of Customs level by level within 24 hours.
Article LVI. In the event of any of the following circumstances in a registered export manufacturer, its registration shall be withdrawn by the Customs directly under the jurisdiction:
(I) A major change is made in the objective circumstances on which the registration is granted, which does not meet the requirements of the registration conditions;
(II) The contents of the registration have been changed, and the procedures for such change have not been completed;
(III) Those who fail the annual verification.
Article LVII. In any of the following circumstances, the Customs directly under the jurisdiction may revoke its registration at the request of the interested party or in accordance with its functions and powers:
(I) The functionaries of the Customs directly under the jurisdiction abuse their power or neglect their duties to grant the approval for registration;
(II) The registration is granted beyond the statutory authority;
(III) The registration is granted in violation of legal procedures;
(IV) The registration is granted to an export manufacturer that does not meet the qualifications for application or does not meet the legal requirements;
(V) Other circumstances under which registration may be revoked according to law.
Where an export manufacturer obtains registration by dishonest means, such as fraud or bribery, the registration shall be revoked.
Article LVIII. In any of the following circumstances, the Customs directly under the jurisdiction shall go through the procedures of cancellation of registration according to law:
(I) The registration is not renewed after the expiration of the validity period;
(II) The export manufacturer is terminated according to law;
(III) The manufacturer ceases to engage in the export feed business due to such reasons as suspension of production, re-production or closure;
(IV) The registration is cancelled, withdrawn or revoked according to law;
(V) The registration cannot be implemented due to force majeure;
(VI). Other circumstances under which registration shall be cancelled as provided by laws and regulations.
Chapter V Transit Inspection and Quarantine
Article LIX. When transiting the feed across the border, the carrier or the escort shall present the waybill and the certificate issued by the competent authorities of the exporting country (area), declare the inspection and quarantine to the customs at the port of entry, and submit in writing the transit route.
Article LX. The means of transport, packaging and loading containers for transit feed shall be in good condition. After inspection by the Customs at the port of entry, if it is found that the means of transport or packing or loading containers may cause leakage in transit, the carrier or the escort shall, in accordance with the requirements of the Customs at the port, take sealing measures; if no sealing measures can be taken, transit shall not be allowed.
Article LXI. If the exporting country (area) is not included in the list of countries or regions that are permitted to import as stipulated in Article VII, it shall obtain the approval of the General Administration of Customs before transit.
Article LXII. For feed in transit, the customs at the port of entry shall check the documents, verify the conformity of the cargo and documents, release it after adding sealing marks, and notify the customs at the port of exit, and the customs at the port of exit will supervise the exit.
Chapter VI Legal Liability
Article LXIII. In any of the following circumstances, it shall be punished by the Customs in accordance with the Special Provisions of the State Council on Strengthening the Supervision of Food and Other Products Safety:
(I) Store or use pharmaceuticals, additives and other raw materials prohibited by China or the importing countries or regions;
(II) Use the products produced by non-registered feed production or processing manufacturers to pretend to be products of registered export manufacturers;
(III) Know that there is a potential safety hazard and conceal or fail to report, refuse to fulfil the obligation of reporting the accident and continue to import or export;
(IV) Refuse to perform the obligation of a product recall.
Article LXIV. In any of the following circumstances, the Customs shall, in accordance with the Enforcement Regulations of the People's Republic of China on the Import and Export Animal and Plant Quarantine Law, impose a fine of not less than RMB 3,000 but not more than RMB 30,000:
(I) Unload the import or transit feed from the means of transport or deliver it without the approval of the Customs;
(II) Open the packaging of the feed-in-transit without authorization, or unpack or damage the seal or mark of animal and plant quarantine without authorization.
Article LXV. In any of the following circumstances, criminal responsibility will be investigated according to law; if the offence is not a crime or the circumstances of the crime are significantly minor, he shall be fined not less than RMB 20,000 but not more than RMB 50,000 by the Customs in accordance with the Enforcement Regulations of the People's Republic of China on the Import and Export Animal and Plant Quarantine Law:
(I) Cause a major animal or plant epidemic;
(II) Forge or alter animal and plant quarantine documents, stamps, marks or seals.
Article LXVI. In any of the following circumstances, if there is any illegal income, the Customs shall impose a fine of fewer than three times the illegal income and the maximum amount shall not exceed RMB 30,000; if there is no illegal income, a fine of less than RMB 10,000 shall be imposed:
(I) Use forged or altered animal and plant quarantine certificates, stamps, marks or seals;
(II) Use forged or altered quarantine certificates issued by the competent authorities of the exporting country (area);
(III) Use other forged or altered relevant documents;
(IV) Refuse to accept the supervision of the Customs.
Article LXVII. Any Customs functionary who abuses his power, deliberately causes difficulties, engages in malpractices for personal gain, falsifies inspection results, or neglects his duty, delays inspection and certificates issuance, shall be given administrative sanctions according to law; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article LXVIII. The meanings of the following terms of these Measures are as follows:
Feed: Refers to the products and raw materials used for animal food by planting, breeding, processing, and producing, including live animals for bait, frozen animal products and aquatic products for feed (including bait), processed animal protein and grease, pet food and chews, forage grass, silage, feed cereals, bran cake residue, processed plant protein and plant powder, mixed feed, additive pre-mixed feed, etc.
Feed Additives: Refers to small or trace materials added in the process of processing, production and use of feed, including nutritive feed additives, general feed additives, etc.
Processed animal proteins and grease: Including meat meal (livestock and poultry), meat and bone meal (livestock and poultry), fish meal, fish oil, fish paste, shrimp meal, squid liver meal, squid meal, cuttlefish paste, cuttlefish meal, mixed fish soluble meal, campoys soluble meal, blood meal, plasma meal, blood cell meal, serum meal, fermented blood meal, animal waste meal, feather meal, hydrolysed feather meal, hydrolysed hair albumen powder, leather albumen powder, hoof meal, angle meal, chicken giblets meal, goldbeater's skin albumen powder, gelatin, whey powder, milk powder, egg powder, dried silkworm chrysalis and their powder, bone meal, bone ash, animal charcoal, calcium hydrogen phosphate from bone, shrimp shell powder, eggshell powder, bone glue, animal oil residue, animal fat, feed grade mixed oil, dried insects and their powder, and so on.
Ex-factory Qualification Certificate: Refers to the documents issued by the registered manufacturer for producing and processing exit feed or feed additives, certifying that their products have been assessed as qualified by the manufacturer's self-inspection and self-control system.
Article LXIX. The General Administration of Customs shall be responsible for the interpretation of these Measures.
Article LXX. These Measures shall go into effect on September 1, 2009. As of the date of implementation, if the provisions on the administration on entry and exit feed inspection and quarantine are inconsistent with these Measures, and these Measures shall prevail.