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动物保护法(专家建议稿)英文版本(由RSPCA翻译)发布

已有 6370 次阅读2009-12-16 03:34

Animal Protection Law of the People’s Republic of China (Draft)

Chinese-English Translation: Paul Littlefair

Royal Society for the Prevention of Cruelty to Animals, December 2009

 

 

 

 

 

On the Submission of an Experts’ Proposal to the Standing Committee of the National People’s Congress to Pass an Animal Protection Law of the PRC

 

Standing Committee of the National People’s Congress:

China currently has the Wildlife Protection Law, the Animal Epidemic Prevention Law, the Livestock Husbandry Law, the Pig Slaughter Regulations, the Laboratory Animal Management Regulations and other specific laws and regulations addressing animal protection and management. China’s animal protection and management legal system is in adequate in a number of ways: firstly, we lack a comprehensive, basic animal protection law, and the animal law that exists lacks systematic organisation and is incomplete, making it difficult to extend to all animals the protection they deserve; secondly, the objectives of legislation have failed to embody the Chinese people’s moral tradition of compassion towards living things which has been consolidated and developed over several thousand years, and have not reflected China’s entering into or signing up to international conventions and declarations requiring us to protect the inherent value of living things. This makes it difficult to punish acts such as abandonment of or cruelty towards animals which jeopardise public order, to the detriment of social harmony and stability. Thirdly, our legislation does not fully reflect the requirements of international animal welfare standards as they apply to trade, making it difficult for China to overcome the animal welfare trade barrier established by developed Western countries.

Passing an Animal Protection Law of the PRC is essential in the following six respects:

From an economic growth perspective, China is the world’s largest livestock producer, but if we look at imports and exports in recent years we are a net importer, which is totally at odds with our position as a major producer. There are two main reasons for this: firstly China’s animal products are substandard in quality, and secondly our animal protection measures fail to meet the animal welfare trade standards of the West. China has a rural population of more than one billion, and in a period of financial crisis times are on the whole hard for them. Rural employment, growth in agricultural production and rural development have become problems the central government is taking extremely seriously. The problems facing the countryside, farmers and agriculture [the ‘Three Agricultures’] cannot be solved by complete reliance on urbanisation and industrialisation. Solving them will depend on the countryside, farmers and agriculture themselves, and so by starting from the perspective of strengthening animal protection through the legal system, we can reform the structure of rural industry, expand exports of animals and animal products and cultivate new areas of economic growth.

From a social order perspective, in recent years there has been an increasing number of acts of abandonment of and serious cruelty towards animals, such as the high-heels kitten [‘squish’] incident, dog killing, burning of cats etc, and these have led to serious resentment within society, with in some places violent resistance and demonstrations, significantly threatening social stability and the implementation of scientific progress. China Central Television and other major domestic and international media have also paid very close attention to these incidents. Some foreign media have even linked together these cruelty cases with the Chinese government’s leadership and the overall morality of the Chinese people, seriously damaging the country’s international image. Protecting animals in a moderate fashion through the legal system will promote social stability and improve China’s international image. Moreover, appropriate legal protection for animals can also bring human-human relations into harmony, preventing the occurrence and spread of ethnic discord arising from animal–related issues.

From the perspective of the government’s management of public safety, the average cost of rescuing a stray dog or cat is CNY300-500 [USD44-73]. Taking Beijing as an example, a conservative estimate puts stray dog and cat numbers at more than 100,000 animals. Owing to the difficulty in reuniting them with their owners, the huge cost of rescuing these animals is currently borne by the government. By strengthening animal management through appropriate legislation and establishing the mechanism of the owner’s responsibility, we can greatly reduce government spending on this.

From the perspective of managing public environmental protection, strengthening animal protection through legislation will prevent pollution from livestock farming and benefit biosafety.

From the public health protection perspective, strengthening animal protection through the law and incorporating it into our animal and human epidemic prevention systems will help in reducing incidences and preventing the spread of H1N1, avian influenza and other diseases transmissible between livestock or poultry and humans. Although protecting animals through legislation has a financial cost and requires certain measures to be taken by the state, society, work units and individuals, compared with the cost in human and material resources involved in controlling the later stages of zoonotic diseases, the costs for animal protection appear quite modest and will bring the country significant financial savings. Also, legislating to protect farm animals will help guarantee food safety.

From the perspective of building a more civilised society, behaviour such as abandonment of and cruelty towards animals and cruelty to living things or the observation of such behaviour in others has an enormous impact on the psychological health of the public, in particular children and young people, and this affects the healthy development of our society. Protecting animals in a moderate fashion through the law will help uphold humane values among the public, encourage Chinese traditional virtues such as ‘compassion for living things’, promote the building of a civilised society and its harmonious development and embody the advantages of the socialist legal system.

The experience of the world’s developed countries shows us that while extending moderate protection to animals may have implications to both the economy and to managing society, in general the benefits of the overall impact of such law outweigh the disadvantages. On this basis the vast majority of Chinese people support the passing of general, comprehensive legislation to protect animals. According to an opinion poll carried out in June 2009 by Sina.com [China’s largest web portal] and Sohu.com [a major search engine], more than 80% of those voting supported legislation, while more than 75% proposed that abusing an animal to the point of death should be prosecuted as a criminal offence. It is extremely rare to obtain an approval rate of 80% for legislation, and this can be interpreted as an urgent cri de coeur from the broad masses of the people. In this era of the importance of the rule of law and popular will, we propose that the state strengthen the construction of animal protection legislation, and use this to promote the progress of the development of our moral system.

Following the principle of ‘helping rather than hindering’, we have assembled a team of Chinese and international experts with research experience in animal protection law, and have systematically examined in depth the problems of constructing animal protection legislation around the world. We have integrated this research with the current situation in China, and taking as our bottom line the moral position Chinese people acknowledge against animal cruelty, we submit our Animal Protection Law of the PRC (Experts’ Draft Proposal) to the Standing Committee of the National People’s Congress of the PRC for your consideration.

 

Respectfully

 

Animal Protection Law of the PRC (Experts’ Draft Proposal) Project Team

 [Signed] Chang Jiwen (Expert Drafting Project Team Leader)

18 September 2009

 

Annex: Animal Protection Law of the PRC (Experts’ Draft Proposal)     


Annex

Animal Protection Law of the PRC (Experts’ Draft Proposal)    

 

 

Index

 

Chapter 1   General Principles

Chapter 2   Animal Epidemic Prevention and Veterinary Treatment

                      Section (i)              Animal Epidemic Prevention

                      Section (ii)       Veterinary Treatment

Chapter 3   Legal Protection for Wild Animals

Chapter 4 Legal Protection for Economic Animals

Chapter 5   Legal Protection for Pet Animals

Chapter 6   Legal Protection for Laboratory Animals

Chapter 7   Legal Protection for Other Animals

Section (i)         General Regulations

                      Section (ii)       Protection of Performing Animals in Circuses

                      Section (iii)             Protection of Animals Used in Films, Television and Advertising

                      Section (iv)             Protection of Animals Used in Sport and Competition

                      Section (v)       Protection of Animals Used for Particular Work

Chapter 8   Legal Protection Covering the Transport of Animals

Section (i)         General Regulations

Section (ii)       Special Regulations for the Transport of Large Animals by Rail, Road, Waterway and Air

Section (iii)             Special Regulations for the Transport of Small Animals

Chapter 9   Legal Protection Covering the Slaughter of Animals

Section (i)         General Regulations

                      Section (ii)       Special Regulations

Chapter 10 International Cooperation in Animal Protection

Chapter 11 Legal Liability

Chapter 12 Appendix

 

 

 

 

 

 

 

 

Chapter 1    General Principles

 

Article 1 (Aims of the Law)

This Law is enacted in order to promote the construction of a socialist civilised society, to ensure the humane treatment of animals and to prevent abandonment of or cruelty towards animals, to safeguard the physical and mental health of the public and public safety, to safeguard ecological balance and social order, and to promote the export of animals and animal products from China.

Article 2 (Application of the Law)

In the territory of and in other maritime space under the jurisdiction of the People’s Republic of China, any work unit, individual or organisation engaged in the protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments, education or commercial business etc, must comply with this Law.

Article 3 (Animals and Means of Management Covered by the Law)

In this Law ‘animal’ includes all mammals, birds, reptiles, amphibians, fish, molluscs, insects, coelenterates [jellyfish, corals, sea anemones etc] etc, but excludes micro-organisms.

This Law regulates animals according to the following categories: wild animals, economic [farm] animals, pet animals, laboratory animals and other animals. The law manages the following stages: breeding, sale, rearing, transport, research, slaughter etc.

Article 4 (Definitions of Animal Protection and Cruelty to Animals)

Based on the principle that animals have to a certain extent the ability to feel pain, suffering and distress and have the capacity for memory, in this Law ‘animal protection’ refers to any conditions or measures provided which benefit an animal’s normal growth, reproduction, veterinary treatment, rescue etc, and conditions or measures which avoid causing unnecessary pain and harm to animals.

In this Law ‘cruelty’ refers to such acts as, through deliberate action or serious negligence, using brutal means or methods to cause unnecessary pain or harm to an animal, or using brutal means or methods to kill an animal.

Article 5 (The State’s Basic Policy on Animal Protection)

The State operates an integrated policy combining universal protection with management according to classification; development with use; protection with promotion; protection with management; risk prevention with loss prevention.

The State’s animal protection measures should be suited to the basic conditions prevailing in the People’s Republic of China, and should safeguard the interests of people, promote social harmony, and prevent abandonment of and cruelty towards animals.

Article 6 (The State’s Basic Policy on the Protection of Property and Other Rights over Animals)

Wild animals within the territory of the People’s Republic of China are the property of the State. Work units, individuals and organisations may in accordance with the law enjoy property rights over economic animals, laboratory animals, pet animals and other animals.

The State protects the lawful rights and interests of any work unit, individual or organisation which in accordance with the law engages in the protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments, education or commercial business etc. Property rights over animals should be exercised with respect for social morality, and should not harm the public interest or the lawful rights and interests of others.

Those who unlawfully violate property rights over animals should bear civil liability. In serious cases or when such a violation leads to serious consequences, the perpetrator should bear criminal liability under criminal law. For animal epidemic prevention purposes when there is a genuine need for humane culling or killing of an animal, the State will pay financial compensation to the owner.

Article 7 (The State’s Basic Policy on the Prohibition of Abandonment and Cruelty and on Species Protection)

Organisations which engage in the protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments, education or commercial business etc., and other work units, individuals or organisations, should comply with social morality and the provisions of laws and regulations, should respect public feeling and the sentience of animals, and treat animals in a humane manner. Abandonment of and cruelty towards animals are prohibited.

The State encourages work units, individuals and organisations to adopt measures to meet the basic physiological and psychological needs of animals, and to steadily improve the welfare of animals.

Removing parts, organs or derivatives from live animals is prohibited, except for instances stipulated in other laws and regulations.

Acts leading to the extinction of animal species are prohibited, and effective measures shall be adopted to reduce and eliminate the harmful effect on China’s indigenous animals of alien species.

Article 8 (The State’s Basic Policy on Respect for Cultures and Traditions of Animal Protection)

The State respects the cultural diversity surrounding the relationship between humans and animals, and as a component part of animal diversity such knowledge should be respected and encouraged.

The State respects local traditional lifestyles which bring benefits to animal protection, as well as humane knowledge, innovation and methods which maintain the sustainable development and use of animals, and promotes their popularisation.

Article 9 (The State’s Basic Policy on Policy, Legislation, Planning and Project Construction)

In formulating economic and social development policy and legislation, the State should take into account their effect on animals.

In planning the development, use and management of animals and animal epidemic prevention etc, the State Council and local People’s Governments at county level and above or relevant departments should take into account the requirements of animal protection, and should adopt measures to prevent abandonment of and cruelty towards animals.

In launching construction and other projects the impact on animal species and their habitats should be taken into account.

Article 10 (The Principle of the Fair Distribution of Rights and Interests Versus Duties)

The rights, interests and duties of animal protection should be distributed in a fair manner so as to be enjoyed or borne by the whole society, and so as to meet the demands for animals and animal resources of subsequent generations.

Any work unit or individual engaged in the protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments, education or commercial business etc should carry out the duties of animal protection in accordance with the laws, regulations and rules, while preventing threats to be caused to the ecological environment, public health, food safety and the person or property of others.

Article 11 (The Principle of Management of Animals by Classification)

In protecting wild animals, economic animals, pet animals, laboratory animals and other animals, the State operates under the principle of management by classification [according to use].

The State animal classification protection and management register and adjustments to it shall be determined by the animal husbandry and veterinary administrative department under the State Council, in conjunction with the forestry, science and technology, health, sport, culture, public security and other administrative departments, and submitted to the State Council for approval and promulgation. For animals not listed on the State animal classification protection and management register, the People’s Government of a province, autonomous region or municipality under direct central government jurisdiction may determine animals to be registered on a local animal classification protection and management register, and submit it to the State Council for its records.

Article 12 (The Principle of Risk and Harm Prevention)

When an animal itself or the activity of protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments, education or commercial business etc may cause serious or irreversible disease or a threat to the ecology, effective prevention and control measures should be adopted, and this should not be postponed on the grounds of a lack of complete scientific certainty [about the threat].

Any work unit, individual or organisation developing and using the ecological environment and animals must adopt measures to prevent harm to or the death of animals. In cases where animals or their habitats are or may be caused unavoidable harm, measures must be adopted to reduce or eliminate such harm.

Article 13 (Management System at the Central Government Administrative Level)

In order to protect the safety and interests of the public, the State regulates and manages the activities of protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments, education or commercial business etc.

The animal husbandry and veterinary administrative department under the State Council has national responsibility for all animal veterinary treatment, immunisation, quarantine and disease control work, and national responsibility for the registration and management of all pet cats, dogs and large economic animals.

The animal husbandry and veterinary administrative department and public security administrative department under the State Council jointly have national responsibility for the collection and rescue of stray animals.

The forestry and fisheries administrative departments under the State Council have national responsibility for the protection of terrestrial and aquatic wild animals respectively.

The science and technology administrative department under the State Council has national responsibility for the protection of laboratory animals.

The industry and commerce administrative department under the State Council has national responsibility for the market regulation of animals and animal products.

The commerce administrative department under the State Council has national responsibility for the protection of economic animals undergoing slaughter.

The animal husbandry and veterinary administrative department, the forestry administrative department and the cultural administrative department under the State Council jointly have responsibility for the protection of exhibited and performing animals.

The animal husbandry and veterinary administrative department and the sport administrative department under the State Council jointly have responsibility for the protection of animals in sport.

The health administrative department under the State Council has national responsibility for rabies vaccination of humans, diagnosis and treatment of human rabies patients and prevention work for other diseases transmissible between humans and animals.

The communications and transport administrative department and the animal husbandry and veterinary administrative department under the State Council jointly have national responsibility for the protection of animals undergoing transport.

The general administration of customs and the administrative departments for sport, environmental protection etc under the State Council, within the scope of their respective duties, have responsibility for supervision and management of animal protection work.

In cases of sudden public health incidents when emergency systems are in place, they shall be dealt with as stipulated in the ‘Emergency Regulations Governing Sudden Public Health Incidents’.

The armed forces animal epidemic prevention supervisory body has responsibility for the protection of animals in military service and animals reared by the armed forces for their own use.

Article 14 (Management System at Local Government Administrative Levels)

Local People’s Governments at county level and above are responsible for animal protection work within their jurisdictions. Local supervision and management of the development, research, transport, import/export, trade and slaughter of animals and the use of animals in experiments and education, and animal health and epidemic prevention will in accordance with the law be the responsibility of the local administrative management departments for animal husbandry, forestry, fisheries, science and technology, customs, industry and commerce, commerce, communications and transport, public security, education, health etc.

Local People’s Governments at county level and above may authorise urban administration-integrated law enforcement organisations to take responsibility for investigating and penalising acts such as itinerant unlicensed street-selling of dogs and cats, and damage to the environment and hygiene caused by dog and cat keeping. Local People’s Governments at county level and above may authorise urban management general law enforcement organisations to assist the public security organs in investigating and handling acts such as unregistered dog and cat keeping and allowing dogs and cats to enter public places in violation of the law.

Article 15 (Basic Rights and Duties of Work Units, Individuals and Organisations)

Any work unit, individual or organisation has the duty to protect animals, has the right to obtain animal protection information from the government, and has the right to report and expose such acts as abandonment of and cruelty towards animals.  

If an animal protection or management body, or its personnel, fails to fulfil its duty according to the law and regulations, any work unit, individual or organisation has the right to report, bring a charge against and expose publicly the perpetrator.

The State encourages work units, individuals and organisations to engage in public campaigning and education activities countering abandonment of and cruelty towards animals, and encourages work units, individuals and organisations in accordance with the law to rescue or collect animals which have suffered abandonment or cruelty, and encourages work units, individuals and organisations to participate in animal protection work organised by the government.

In cases where acts such as abandonment of or cruelty towards an animal by another work unit, individual or organisation results in harm to the physical or psychological health of the public, any work unit, individual or organisation may initiate a civil lawsuit in the People’s Court to demand that the violation cease.

In cases where state administration departments with responsibility for supervising and managing animals fail to do so in accordance with the law, any work unit, individual or organisation may initiate an administrative lawsuit in the People’s Court to demand that the legal obligation be fulfilled.

Article 16 (Administrative Supervision and Management of Animal Protection)

The administrative departments responsible for animal protection in accordance with the law supervise and manage all processes and all locations involved in the development, research, transport, import/export, trade and slaughter of animals and the use of animals in experiments, and animal health and epidemic prevention etc.

Personnel of the administrative departments responsible for animal protection exercise the authority to carry out site inspections and investigations, and the authority to seize or close and seal up relevant documents, materials, installations, equipment and premises. When carrying out site inspections and investigations, personnel of the administrative departments responsible for animal protection should show their law enforcement identification documents.

Administrative departments responsible for animal protection exercise the authority to issue administrative penalties in cases of acts in violation of this Law by those engaged in the development, research, transport, import/export, trade and slaughter of animals and the use of animals in experiments, and animal health and epidemic prevention etc. Where an act in violation of the criminal law occurs they have the authority to request the judicial organs to prosecute such act as a criminal offence.

Article 17 (Judicial Supervision of Animal Protection)

At county level and above, in cases where an act such as abandonment of or cruelty towards animals causes loss to the State or society, the People’s Procuratorate has the authority to represent the State in initiating a civil lawsuit to demand compensation for the loss, and has the authority to support any work unit, individual or organisation suffering such loss in initiating a civil lawsuit.

At county level and above, in cases where an act such as abandonment of or cruelty towards animals causes serious damage to social order, or violates or causes serious loss to State or social property, the People’s Procuratorate has the authority to initiate a criminal lawsuit.

Article 18 (People’s Congress Supervision of Animal Protection)

Each level of People’s Government in reporting to the corresponding level of the People’s Congress and its Standing Committee on the development, use, management of animals and animal epidemic prevention work etc, should include information on animal protection.

At county level and above the People’s Congress and its Standing Committee should regularly carry out inspection of the implementation of animal protection law in its jurisdiction.

Article 19 (Emergency Management of Animals in Major Disasters)

Each level of People’s Government and animal shelters and rescue organisations should set out contingency plans for the management of animals in major disasters.

When major disasters occur, in organising the search, rescue and placement of victims, the People’s Government should, in accordance with the emergency animal management contingency plan, make appropriate arrangements for animal collection, rescue and epidemic prevention work, and should proactively create conditions which encourage animal protection organisations to participate in animal collection, rescue and epidemic prevention work.

Article 20 (Animal Protection Campaigning and Education and Awards)

The State Council and Peoples Governments at local levels should engage in animal protection campaigning and education in various forms, should popularise animal protection knowledge and foster and raise citizens moral standards towards animal protection and awareness of the law.

The State encourages the development of animal protection scientific research and activities for the public good, and local Peoples Governments shall present awards to work units, individuals and organisations which show outstanding achievements in these areas.  

 

Chapter 2    Animal Epidemic Prevention and Veterinary Treatment

 

Section (i)     Animal Epidemic Prevention

Article 21 (Definition of Animal Epidemic Prevention)

In this Law ‘animal epidemic prevention’ refers to prevention, control and eradication of animal diseases, and the quarantine of animals and animal products, in the protection, management, development, use, rearing, breeding, transport, veterinary treatment or slaughter of animals or the use of animals in experiments or commercial business etc.

Article 22 (Animal Disease Prevention and Control Measures and Technical Standards)

The animal husbandry and veterinary administrative department under the State Council shall draw up appropriate animal disease prevention and control measures, technical standards or guidelines, based on the behaviour and environmental conditions of the animals, the status of the disease within and outside China, and the need to protect animal industry and safeguard human health.

Article 23 (Immunisation Planning and Measures)

The animal husbandry and veterinary administrative department under the State Council shall with other relevant State Council departments draw up immunisation plans for animals in rural and urban areas, stipulating appropriate immunisation measures.

The animal husbandry and veterinary administrative departments of each province, autonomous region and municipality under direct central government jurisdiction, in accordance with national compulsory immunisation plans for animal epidemic prevention, shall formulate a compulsory immunisation plan for the territory under its administration.

Article 24 (Implementation of Immunisation)

The animal husbandry and veterinary administrative departments of People’s Governments at each county (district) and municipal level should, in accordance with laws and regulations and as stipulated in administrative rules, in urban and rural areas carry out compulsory immunisation of and issue certificates of immunisation for all dogs, cats and other pet animals, and cattle, horses, donkeys, mules, sheep, goats, pigs, chickens, ducks, geese and other economic animals.

When animals are immunised under compulsory immunisation plans, they should be prevented from being caused unnecessary suffering or harm.

Article 25 (Reporting of Infected Animals)

Any work unit, individual or organisation that discovers an infected animal or suspected infected animal, should immediately report it to the local People’s Government or its animal husbandry and veterinary administrative department, and should take reasonable measures to control the infection, preventing the spread of animal disease.

Article 26 (Management of Animals Susceptible to Disease)

The animal husbandry and veterinary administrative departments of People’s Governments at each county (district) and municipal level should, in the epidemic area and threatened areas, carry out general inspection and monitoring of susceptible animals, and where necessary adopt emergency immunisation, inoculation and other management measures, and should separately enclose susceptible animals or allow them to range.

Article 27 (Blockading of Epidemic Areas)

In cases where an epidemic area is blockaded as required to prevent an animal epidemic, during the period of the blockade the movement of animals and animal products affected by the disease into or out of the epidemic area is prohibited.

Article 28 (Isolation of Diseased Animals)

Infected animals of different species or animals infected with or suspected of being infected with different diseases should be placed in different enclosures or areas, so as to prevent cross-infection.

Animals with diseases being controlled and treated should be separated according to species or type of disease.

Article 29 (Regulations on Animal Specimens, Pathogenic Micro-organisms and Related Activities)

Collecting, storing or transporting animal specimens or pathogenic micro-organisms or carrying out research, education, testing, diagnosis or other activities on pathogenic micro-organisms, should be carried out in a manner which causes the minimum of suffering or which avoids causing unnecessary suffering to animals.

Article 30 (Control of Infectious and Contagious Diseases and Humane Killing)

If, in order to control infectious and contagious diseases, it is necessary to transport, isolate etc animals, this should be carried out in a humane manner, and animals should be prevented from being caused unnecessary suffering.

In cases where for epidemic prevention purposes there is a genuine need to kill animals on a large scale, the county or municipal level People’s Government shall consult the opinions of animal epidemic prevention experts before making the decision, and shall make a public announcement on the decision.

An animal that has been immunised and for which the owner or person supervising or managing the animal can provide a certificate of immunisation, may not be killed.

In cases where for epidemic prevention purposes there is a genuine need to kill animals, the tasks of humane catching and humane destruction should be performed by police, People’s Armed Police or other public officials of the State who have undergone training by a licensed veterinarian or by an animal husbandry and veterinary administrative department.

All killing activities should be carried out in a manner which causes the minimum of physical and mental harm to animals; beating, cutting, drowning, poisoning, non-instantaneous electrocution and other brutal methods may not be used.

Article 31 (Epidemic Prevention of Captured Wild Animals)

In cases where captured wild animals which can transmit animal diseases have been identified in quarantine as infected animals, the wildlife protection administrative department should in coordination with the animal husbandry and veterinary administrative department adopt measures such as treatment or humane destruction as circumstances dictate.

Article 32 (Reporting of Disease Status)

The animal husbandry and veterinary administrative department under the State Council and the animal husbandry and veterinary administrative departments of each province, autonomous region and municipality under direct central government jurisdiction, in accordance with the determined region where the animal disease has occurred or is prevalent, shall promptly make a public announcement on the status of the disease, and at the same time announce publicly the manners in which infected animals are to be dealt with.

The animal husbandry and veterinary administrative department under the State Council, in accordance with those treaties or agreements to which China is a signatory, should promptly report to the relevant international organisations or trade partners major disease occurrences and the situation regarding the treatment of infected animals.

Article 33 (Social Supervision)

Animal epidemic prevention administrative departments and their personnel should, when conditions allow, permit animal protection organisations and experts to assist in animal epidemic prevention work.

The State encourages animal protection organisations and experts to help and support epidemic prevention work in areas affected by disease.

Article 34 (Other Regulations)

Other requirements concerning animal epidemic prevention are not stipulated under this Law and should be dealt with according to the ‘Animal Epidemic Prevention Law of the PRC’.

 

Section (ii)          Veterinary Treatment

 

Article 35 (Veterinary Treatment and Animal Rescue)

In cases where animals are suffering from disease, are injured or are close to death, they should receive necessary relief and treatment without delay.

In cases of extremely serious disease or injury to the animal, where relief is hopeless or where relief would cause the animal unbearable suffering, a licensed veterinarian or specially trained police officer may be called upon to humanely destroy the animal.

Article 36 (Veterinary Treatment Institutions) 

Before a veterinary treatment institution [animal clinic] is established it should obtain a permit from the animal husbandry and veterinary administrative department of the People’s Government of the relevant province, autonomous region or municipality under direct central government jurisdiction.

In addition to complying with conditions stipulated in other laws and regulations, a veterinary treatment institution should be established only with the following provisions in place:

(i)        a veterinarian who has passed veterinary qualification examinations and who is in possession of a certificate of qualification issued by the animal husbandry and veterinary administrative department;

(ii)       means of providing treatment, care, immunisation and destruction under conditions which avoid causing unnecessary suffering to animals;

(iii)     veterinary appliances and equipment suited to the operation of a business;

(iv)      comprehensive management systems for the protection of animals and prevention of animal epidemics;

(v)       compliance with the requirement for a specified number of licensed veterinarians as stipulated in other laws and regulations.

Article 37 (Veterinary Qualifications and Training)

The State operates a licensed veterinarian examination system, whose examinations should include animal protection content.

The animal husbandry and veterinary administrative departments will organise regular training for licensed veterinarians, which should include animal protection knowledge.

The detailed methods of examination and training will be determined by the animal husbandry and veterinary administrative department under the State Council.

Article 38 (Methods of Veterinary Treatment)

Treatment of or surgery on an infected animal should be carried out using reasonable veterinary methods based on the treatment needs of the animal, as far as possible avoiding causing unnecessary suffering to the animal.

Treatment or surgery for an infected animal should be carried out by a licensed veterinarian.

Detailed rules shall be determined by the animal husbandry and veterinary administrative department under the State Council.

Article 39 (Restrictions on Veterinary Surgery and Treatment)

The alteration of the appearance of an animal, procedures for other non-veterinary purposes, surgery such as tail docking, ear docking, alterations to the vocal chords [devocalisation], declawing, defanging [detoothing] etc, which cause suffering to the animal, are prohibited, except for particular purposes such as to protect an animal’s physical health, to protect a special animal or to prevent reproduction etc. Detailed rules shall be determined by the animal husbandry and veterinary administrative department under the State Council.

The removal of an animal’s organ in part or in whole must be based on the prerequisite of veterinary necessity or neutering etc. Information regarding a surgical procedure such as its purpose, reason, nature, the number of animals involved, location, time, duration, person(s) carrying out the procedure etc, should be recorded and retained on file by the veterinary treatment institution.

Except for treatment or other special purposes such as approved animal experiments etc, an animal must not be fed any food or drug which will adversely affect its health or appearance, and no other activities may be carried out which can produce a similar effect. Detailed rules shall be determined by the Animal husbandry and veterinary administrative department under the State Council.

Article 40 (Anaesthesia in Animal Surgery)

In cases where surgery may lead to severe pain, the veterinarian should carry out the surgery using anaesthesia, painless methods or other methods which avoid pain, suffering or lasting harm, except for other situations as stipulated in laws and regulations.

Article 41 (Restrictions on the Destruction of Infected Animals)

Infected animals should be dealt with according to the principle of proactive treatment. Infected animals may not be destroyed other than under the following circumstances:

(i)        incurable disease, when continuing or abandoning treatment will exacerbate the animal’s suffering;

(ii)       infectious or contagious disease, when not adopting destruction measures will cause a large-scale spread of the disease;

(iii)     other circumstances which may lead to serious consequences.

Article 42 (Veterinary Treatment Insurance)

In order to ensure that animals receive the necessary treatment and rescue, the State encourages insurance bodies to develop insurance business to cover veterinary treatment and accidental harm to pet animals and economic animals.

 

Chapter 3    Legal Protection for Wild Animals

 

Article 43 (Definition)

The ‘wild animal’ protected by this Law refers to a non-domesticated animal of any species which exists under natural conditions.

Those wild animals and their subsequent generations which have been domesticated or trained by humans also enjoy the legal status of wild animals.

Article 44 (General Regulations)

Within the territory of the People’s Republic of China in the management of activities such as the protection, domestication, training, breeding, development or use of wild animals, or display for public view, wild animals may not be cruelly treated.

The living space, temperature, drinking water, feed and other protection standards and requirements for wild animals undergoing domestication, training, breeding, development or use, are determined by the forestry administrative department under the State Council.

Article 45 (Display of Wild Animals for Public Enjoyment)

Zoos and wild animal parks that are open to the public should comply with the following requirements: 

(i)    during opening times the feeding of live prey [to carnivores etc] is prohibited;

(ii)   for the purposes of enjoyment, gambling etc the use of wild animals to engage in fighting, and the restraint by trussing of animals for photography are prohibited;

(iii)   restricting or depriving wild animals of opportunities to perform natural behaviour and habits through brutal methods such as defanging, declawing etc is prohibited;

(iv)   for wild animals which require companionship or prefer living in social groups, the living conditions should satisfy these needs, and such animals may not be forcibly separated from their companions or other members of the same family, social group or population;

(v)    other requirements stipulated in the wildlife protection laws and regulations.

Article 46 (Capture, Hunting, Killing and Humane Destruction of Wild Animals)

The capture, hunting and killing of wild animals is regulated by law and permits should be obtained in accordance with the law.

Methods and equipment for the capture, hunting or killing of animals must conform to humane standards. Detailed standards shall be determined by the forestry, fisheries and other administrative departments under the State Council.

Seriously injured or seriously diseased wild animals may be humanely destroyed by a veterinarian or specialised personnel of an animal protection or management body.

Article 47 (Breeding Records for Wild Animals)

Wild animal breeding establishments should establish animal breeding records to include the following:

(i)    the species, number, reproductive record, identification, origin, entry and exit dates of the animal;

(ii)   the origin, type, usage, time and amount of feed, additives and veterinary drugs used;

(iii)   quarantine, immunisation and disinfection;

(iv)   growth and physical health of the animals;

(v)    injury, death, disease and veterinary treatment;

(vi)   death and safe disposal of animal carcasses;

(vii)  other records stipulated by the animal husbandry and veterinary administrative department under the State Council.

The aforementioned records should be retained for a minimum of five years and provided when required to the supervision and management departments for inspection.

Article 48 (Commercial Business and Consumption of Wild Animals)

The use in the manufacture of medicinal liquors [tonic wines], clothing, cosmetics, jewellery, shampoo, fur pelts and other food, medicinal or everyday items of wild animals under special State protection which have not been domesticated or tamed, or their limbs or organs, is prohibited.

Wild animals under special State protection which have been domesticated or tamed, or their limbs or organs, may not be used in the manufacture of medicinal liquors [tonic wines], clothing, cosmetics, jewellery, shampoo, fur pelts and other food, medicinal or everyday items without a permit.

Business by establishments serving food and beverages in wild animals under special State or special local protection which have not been domesticated or tamed and products made from them is prohibited, and the sale or auctioning of such animals or products by commercial establishments is also prohibited. Establishments serving food and beverages may not engage in the sale of wild animals under special State or special local protection which have been domesticated or tamed and products made from them, and commercial establishments may not sell or auction such animals or products without a permit.

The State through development of new technology to produce alternative products will gradually eliminate the use of wild animals in the manufacture of traditional Chinese medicine [TCM], clothing, cosmetics, jewellery, shampoo, fur pelts and food, medicinal or other items. Detailed methods shall be determined by the departments responsible under the Ministry of Health in accordance with their authority.

Article 49 (Release of Wild Animals)

The State shall engage in scientific campaigning and education on wildlife protection, based on scientific fact, and shall engage in organised wild animal release and breeding activities.

Wild animals rescued by individual persons should be handed over to wildlife rescue departments for centralised management.

Article 50 (Other Regulations)

Other requirements concerning the protection of wild animals are not stipulated under this Law and shall be dealt with according to the ‘Wildlife Protection Law of the PRC’.

 

Chapter 4    Legal Protection for Economic Animals

 

Article 51 (Basic Definitions)

In this Law ‘economic animal’ refers to an animal reared or possessed for the purpose of providing draught power or for producing food, feathers, hair, leather, fur or raw materials for medicines, including:

(i)    beef cattle, pigs and other animals reared for meat, dairy cattle and other animals providing food products;

       (ii)    draught cattle [oxen], mules, horses, donkeys and other working animals;

(iii)   goats, sheep, raccoon dogs, foxes and other fur-bearing animals excluded from the ‘Wildlife Protection Law of the PRC’;

(iv)   chickens, hens, ducks, geese, quails and other poultry excluded from the ‘Wildlife Protection Law of the PRC’;

(v)    freshwater fish, marine fish and other aquatic animals excluded from the ‘Wildlife Protection Law of the PRC’;

(vi)   soft-shell turtles and other reptiles excluded from the ‘Wildlife Protection Law of the PRC’;

       (vii)  bullfrogs and other amphibians excluded from the ‘Wildlife Protection Law of the PRC’.

Article 52 (General Regulations)

The State encourages the humane rearing and transport of economic animals, and encourages China’s export enterprises to surpass the animal welfare standards set by importing countries in their international trade, and promotes the export of economic animals and animal products.

The import into or transit through China of economic animals and animal products that do not comply with China’s rearing standards or requirements is prohibited.

On the basis of protecting the cultures of traditional cultivation, grazing, transport and other practices, the State adopts measures to gradually popularise modern cultivation, grazing and transport methods, while protecting draught cattle [oxen], mules, horses, donkeys and other working animals.

Article 53 (Extensive and Large-Scale Intensive Livestock Rearing)

The State encourages those work units, individuals and organisations with the requisite conditions to engage in free-range poultry and livestock production, in order to strengthen the immunity of economic animals, improve the quality of animal products and prevent the occurrence and spread of public health incidents.

When an infectious or contagious animal disease is prevalent within a region, the local People’s Government may require that economic animals reared outdoors or free-range be confined.

Those without the requisite conditions for outdoor or free-range rearing may if permitted by the animal husbandry and veterinary administrative department engage in large-scale intensive rearing activities.

Before project planning for large-scale intensive rearing of economic animals, if the number of animals reaches a total stipulated by the State, environmental impact assessment and land use approval procedures should be completed.

Article 54 (Experience Requirements for Those who Own, Keep and Care for Economic Animals)

Those who own, keep and care for economic animals should have the ability, knowledge and professional skills to rear animals, to ensure that the animals receive appropriate care.

There should be sufficient personnel to feed and care for the economic animals, to ensure that the basic needs of the animals are met.

Those who own, keep and care for animals on large-scale livestock farms should have full capacity for civil conduct, and should regularly receive animal care [stockmanship] education or training organised by animal husbandry and veterinary administrative departments.

Article 55 (Conditions for Large-Scale Farming of Economic Animals)

In order to scientifically and rationally ensure that the physiological and behavioural needs of the animals are met, for the protection of economic animals, large-scale livestock farms should have or provide the following suitable conditions:

      

 


(i)    in a manner suited to the requirements of the animal’s species, stage of growth, degree of adaptation, and                  degree of domestication, the animal should be provided with a living environment, food, water and care                which are appropriate to its basic physical and psychological needs; the living environment should be able to         withstand adverse weather, natural enemies and other hazards to the animal’s health;

       (ii)    ensuring the freedom of activity consistent with the particular features of the species, an economic animal                  may not have its freedom of activity restricted in such a manner as to cause unnecessary suffering or harm;

       (iii)   the light, temperature, humidity, air circulation, ventilation, levels of concentration of toxic gases, noise and               other environmental conditions in an economic animal’s resting area should be provided in a manner suited to              the requirements of the animal’s species, stage of growth, degree of adaptation and degree of domestication;

       (iv)   animal epidemic prevention requirements are met, as stipulated in laws, administrative regulations and by                     the animal husbandry and veterinary administrative department under the State Council;

       (v)    facilities are in place to discharge, treat and dispose of waste water and other waste products from the farm,              and facilities for safe treatment which avoid causing unnecessary harm to animals;

       (vi)   specialised personnel with knowledge of livestock rearing and economic animal protection, and animal                  husbandry and veterinary technical personnel, should be invited to provide an epidemic prevention and                veterinary treatment service to the livestock farm;

       (vii)  other requirements as stipulated in laws and administrative regulations.

Detailed standards and requirements shall be determined by the animal husbandry and veterinary administrative department under the State Council.

Article 56 (Requirements for Animals Living With Companions or in Social Groups)

For economic animals which require companionship or prefer living in social groups, the living conditions should satisfy these needs, and such animals may not be forcibly separated from their companions or other economic animals living in their social group.

Aggressive and dangerous economic animals should be separated and may not be reared together with other economic animals in the same enclosure.

Article 57 (Safeguards for Large-Scale Livestock Farms and Facilities)

The living environment should be promptly cleaned and regularly disinfected, its air quality ensured and appropriate adjustments made to its temperature and humidity in order to comply with the growth and living needs of the economic animals.

The living environment may not be kept in permanent darkness and may not be artificially illuminated during the animals’ rest periods; when natural daylight is insufficient to meet the physical and psychological needs of the animals, suitable artificial lighting may be resorted to.

Those who own, keep and care for animals on a large-scale livestock farm should at least once daily inspect its equipment and facilities. If defects are discovered they should be promptly repaired or use of the equipment or facilities should be suspended, while appropriate measures should be taken to ensure animals are not harmed.

Detailed standards and requirements for large-scale livestock farms shall be determined by the animal husbandry and veterinary administrative department under the State Council.

Article 58 (Feeding on Large-Scale Livestock Farms)

Those who own or feed economic animals should feed them regularly according to their species, habits, stage of growth and state of health, and should provide sufficient suitable drinking water and feed to meet the animals’ growth and health requirements.

Those who own, feed or care for economic animals may not give the animals food or fluids that cause unnecessary suffering or harm, and may not give the animals food or fluids that contain substances which cause unnecessary suffering or harm.

Force-feeding of economic animals for the purposes of fattening is prohibited, except for the treatment of animal disease and only then with the consent of a veterinarian.

Feeding of garbage waste or swill which has not undergone heat treatment to economic animals is prohibited.

Article 59 (Examination, Treatment and Humane Destruction of Economic Animals)

Those who own, keep and care for economic animals should at least once daily inspect their living conditions and examine their state of health. When animals display symptoms of illness or injury, immediate and appropriate care should be administered.

On discovering an animal suffering from disease, those who own or feed economic animals should promptly summon a licensed, qualified veterinarian to carry out a diagnosis, should isolate the infected or suspected infected animal, and may not destroy or abandon the animal themselves. When an animal needs to be destroyed permission should be obtained from the health and animal epidemic prevention departments, and the animal should be destroyed in a humane manner by a licensed veterinarian or specially trained public official of the State, approved by law or regulations. Exceptions to this are stipulated elsewhere in this Law or other laws and administrative regulations.

Article 60 (Breeding Records for Economic Animals on Large-Scale Farms)

Large-scale livestock farms should establish animal breeding records, recording clearly the following:

(i)    the breed, number, reproductive record, identification, origin, entry and exit dates of the animal;

(ii)   the origin, type, usage, time and amount of feed, additives and veterinary drugs used;

(iii)   quarantine, immunisation and disinfection;

(iv)   growth and physical health of the animals;

(v)    injury, death, disease and veterinary treatment;

(vi)   death and safe disposal of animal carcasses;

(vii)  other records stipulated by the animal husbandry and veterinary administrative department under the State Council.

The aforementioned records should be retained for a minimum of three years and provided when required to the supervision and management departments for inspection.

Article 61 (Prohibition on Abandonment of and Cruelty towards Economic Animals)

Abandonment of and cruelty towards economic animals, through deprivation of food and water and other means, are prohibited, and the use of economic animals to engage in fighting for the purposes of enjoyment, gambling etc is prohibited.

The use of sharp implements, blunt instruments or implements which contain sharp or blunt parts to whip or drive economic animals, and the use of electric shock are prohibited, except for in circumstances where there is an immediate threat to public safety.

Working animals drawing carts or otherwise may not be driven in a manner which causes them unnecessary suffering or harm.

Article 62 (Other Requirements for the Protection and Management of Economic Animals)

Other requirements concerning the protection and management of economic animals are not stipulated under this Law and shall be dealt with according to the ‘Animal Husbandry Law of the PRC’, ‘Fisheries Law of the PRC’ and other laws and regulations.

 

Chapter 5    Legal Protection for Pet Animals

 

Article 63 (Definition of Pet Animal)

In this Law ‘pet animal’, also known as ‘companion animal’, refers to any domesticated or tame animal, including cats, dogs, parrots etc, which is possessed or intended to be possessed in a certain place, particularly in a household, for the purposes of personal recreation or companionship.

The taking of a wild animal from the wild to rear as a pet animal is prohibited.

Article 64 (Regulated Pet-Keeping)

The State implements a policy of regulating the keeping of dogs and cats. In order to protect public health and safety in cities and towns in and rural areas, the People’s Governments of municipalities and counties may stipulate a maximum number of dogs and cats that may be kept by each household.

When a People’s Government at any level designates areas within a city or town where the keeping of cats or dogs is prohibited or limited, or areas where cats and dogs may be exercised in public are prohibited or limited, it should hold a hearing. The hearing should admit as participants representatives from animal protection organisations and pet owners.

Article 65 (Key Management Areas and General Management Areas)

People’s Governments of cities may designate key management areas and general management areas in cities and towns in respect of the keeping of dogs and cats.

Residents within key management areas may not keep aggressive or large dogs. Detailed criteria concerning the breeds, body heights and lengths of prohibited dogs shall be determined by the animal husbandry and veterinary administrative department under the State Council, and announced to the public.

Institutions, work units, groups, organisations etc within key management areas which need to keep aggressive or large dogs for particular work, must obtain permission from the public security organs and complete dog registration procedures.

Within key management areas the sale, breeding and display of aggressive dogs is prohibited.

Article 66 (Community Participation)

The State encourages residents’ committees, village committees and [enterprise] owners’ committees to engage in public campaigning, education and mediation work on pet animal protection and management, in order to strengthen the sense of responsibility among pet owners, and to protect and rescue stray cats and dogs, while giving equal consideration to the interests of non-pet-keepers so as to reduce social conflict.

Residents’ committees, village committees and [enterprise] owners’ committees may convene residents’ meetings, village meetings and [enterprise] owners’ meetings at which they may take as a basis local dog and cat management regulations and, in accordance with the law, draw up written pledges stipulating behaviour requirements and responsibilities in the event of breach of such pledges, and may organise their supervision and implementation. Residents, villagers and [enterprise] owners should comply with the aforementioned pledges.

Article 67 (Designated Places for the Breeding and Sale of Pet Animals)

The State controls the numbers of cats and dogs in order to prevent the flow of excessive numbers of stray cats and dogs into society and the effect on public safety.

No work unit, individual or organisation may privately breed or sell cats and dogs without obtaining a permit.

A work unit, individual or organisation which engages in the breeding and sale of pet animals for the purposes of profit, must obtain an industrial and commercial business licence, and must obtain a permit for breeding and sale issued by the provincial animal husbandry and veterinary administrative department.

Article 68 (Requirements for Pet Animal Breeding Establishments)

The experience requirements for those who own a breeding establishment, or feed and care for animals, and the conditions that pet animal breeding establishments should have or provide, shall be dealt with according to Chapter 4.

Large-scale pet breeding establishments should establish animal breeding records. Detailed requirements shall be dealt with according to Chapter 4.

Before issuing a permit for breeding and sale, the provincial animal husbandry and veterinary administrative department should delegate to the animal husbandry and veterinary administrative department at municipal or county level the task of carrying out a site survey.

Article 69 (Requirements for the Sale of Dogs and Cats)

Before dogs or cats are sold they must undergo compulsory immunisation and neutering at the breeding establishment. Detailed methods shall be determined by the animal husbandry and veterinary administrative department under the State Council.

When dealers sell dogs or cats they must show a certificate of health and immunisation signed by the animal husbandry and veterinary administrative department, and must implant in the skin of the dog or cat an electronic identity mark [microchip], recording the following items:

(i)    name, address and contact details of the keeper of the dog or cat;

(ii)   breed or type, date of birth, main physical characteristics and photograph of the dog or cat;

(iii)   number and date of issue of the ‘Dog Registration Certificate’ or ‘Cat Registration Certificate’, and details of changes, reissues of certificates and replacement implants of the electronic identity mark;

(iv)   details of alterations to, renewals and cancellations etc of, registration;

       (v)    number of the certificate of immunisation and details of rabies immunisation of the dog or cat;

       (vi)   details of payment of the dog or cat management fee;

       (vii)  unlawful dog or cat keeping conduct;

       (viii)  details of human injuries caused by the dog or cat;

       (ix)   other items.

Information contained in the electronic identity mark should be sent to the public security organs at county level or other department designated by the local People’s Government, to establish electronic dog registration records. Any such department designated by the local People’s Government should also send a copy of the electronic dog registration records to the animal husbandry and veterinary administrative department at the same government level.

The tie-in sale [bundling with other goods] of animals and the giving of animals as gifts as a means of sales promotion, are prohibited.

Article 70 (Conditions for Applications to Keep Dogs and Cats)

Work units and organisations making applications for dog and cat registration should comply with the following conditions:

(i)    be able independently to bear legal liability;

(ii)   have reasonable use for the animal, such as guarding property;

(iii)   have in place a sound management system for dogs or cats:

(iv)   have a specified carer for the dogs or cats:

(v)    provide an enclosure, cage or kennel for the animals:

(vi)   have no past record of abandonment of or cruelty towards animals.

Individuals making applications for dog and cat registration should comply with the following conditions:

(i)    have full capacity for civil conduct;

(ii)   have an independent place of residence;

(iii)   have no past record of abandonment of or cruelty towards animals.

Article 71 (Applications to Keep Dogs and Cats)

In making applications for dog and cat registration, applicants should complete procedures at the police station in the place of residence or other department designated by the local People’s Government, according to the following regulations:

(i)  work units and organisations making applications for dog and cat registration should take proof of qualification of the organisation as a legal entity, the identity card of the legally designated representative, certificate of immunisation of the dogs or cats, and detailed list of all the animals;

(ii)   individuals making applications for dog and cat registration should take the dog or cat, the identity card of the pet-keeper and certificate of immunisation of the dog or cat.

Article 72 (Dog and Cat Registration)

The public security organ at county level or other department designated by the local People’s Government, within 15 working days of receipt of an application to keep a dog or cat, should examine the application and decide whether it should be approved for registration. Those applications which meet the conditions should be approved for registration and should be issued with a ‘Dog Registration Certificate’ or ‘Cat Registration Certificate’ and dog or cat identity tag, and an electronic identity mark [microchip] should be implanted; those applications which do not meet the conditions will not be registered, the applicant will be given a written explanation as to the reason, and instructed within three days to make private arrangements to dispose of the dog or cat or take the animal to an animal detention and quarantine institute, shelter or rescue establishment managed by the public security organ or other department designated by the local People’s Government.

Article 73 (Renewal of Dog and Cat Registration)

Within the 30 days prior to the expiry of registration as noted on the ‘Dog Registration Certificate’ or ‘Cat Registration Certificate’, a keeper of a dog or cat should take the animal’s certificate of immunisation to complete registration renewal procedures at the police station in the place of residence or other department designated by the local People’s Government.

The registration expiry period shall be determined by the public security organ according to the expiry of the dog’s or cat’s immunisation, and the keeper’s payment of the dog or cat management fee etc.

An individual applying for the first time to renew dog or cat registration should take the dog to complete procedures at the police station in the place of residence or other department designated by the local People’s Government.

Keepers of dogs or cats who have already obtained dog or cat-keeping permits before this Law comes into force, may directly apply for renewal of registration after this Law comes into force.

Article 74 (Dog and Cat Management Fees)

Keepers of dogs or cats should pay annual dog or cat management fees. Keepers of dogs or cats in rural areas shall pay management fees reduced by half. Detailed methods and standards shall be stipulated by the provincial People’s Government.

Blind persons keeping guide dogs, persons with serious physical disabilities keeping assistance dogs, lone or widowed elderly persons and persons with disabilities keeping cats shall be exempted from paying dog and cat management fees.

Dog and cat management fees shall be collected by public security organs at county level or other departments designated by the local People’s Government at the time of registration or renewal of registration, handed over to the financial affairs department and managed under a double-entry [income and expenditure] accounting system; expenditure necessary for administrative work and services related to dog and cat-keeping shall be entered in the budget.

Local People’s Governments at all levels should establish dedicated funding to be used for dog and cat management and the management, neutering, rescue and epidemic prevention of stray animals in the community.

When a local People’s Government at any level deems it necessary it may provide funding to animal protection organisations or individuals to participate in protection, rescue, epidemic prevention, neutering and other work for dogs and cats in the community.

Article 75 (Alterations to Dog and Cat Registration)

In cases where the dog or cat-keeper is registered with a ‘Dog Registration Certificate’ or ‘Cat Registration Certificate’ and, owing to emigration to take up residence abroad, death etc, the registration needs to be altered to another member of the household, or owing to a change of the keeper’s residence, the dog or cat-keeper should, within 15 days of the change in circumstances, take the ‘Dog Registration Certificate’ or ‘Cat Registration Certificate’ and relevant documentation to complete registration alteration procedures at the police station in the place of residence or other department designated by the local People’s Government. Electronic identity mark [microchip] information should also be altered at this time.

When the ownership of a dog or cat is transferred or the animal is given to a third party to keep, within 15 days dog or cat registration alteration procedures should be completed at the police station in the place of residence or other department designated by the local People’s Government.

Article 76 (Cancellation of Dog and Cat Registration)

In the event of one of the following occurrences, the dog or cat-keeper should, within 15 days, complete registration cancellation procedures at the police station in the place of residence or other department designated by the local People’s Government:

(i)    the registered dog or cat has died;

(ii)   the dog or cat-keeper has ceased to keep the animal and in accordance with this Law has made appropriate private arrangements to dispose of the dog or cat or has taken the animal to an animal detention and quarantine institute, shelter or rescue establishment.

 

 

Article 77 (Identification Management)

The printing of certificates of immunisation for dogs and cats shall be carried out in a centralised manner by municipal animal husbandry and veterinary administrative departments, and the printing or production of ‘Dog Registration Certificates’, ‘Cat Registration Certificates’, dog and cat identity tags and electronic identity marks [microchips] shall be carried out in a centralised manner by public security organs at provincial level or other organs designated by the provincial People’s Government.

The counterfeiting, alteration or buying and selling of dog and cat certificates of immunisation, ‘Dog Registration Certificates’, ‘Cat Registration Certificates’, dog and cat identity tags and electronic identity marks [microchips] are prohibited. The buying, selling or use of counterfeit or altered dog and cat certificates of immunisation, ‘Dog Registration Certificates’, ‘Cat Registration Certificates’, dog and cat identity tags and electronic identity marks [microchips] are prohibited.

In the case of damage to or destruction or loss of ‘Dog Registration Certificates’, ‘Cat Registration Certificates’, dog and cat identity tags and electronic identity marks [microchips], the dog or cat keeper should within 15 days of the damage, destruction or loss, apply for a change, reissue of certificate and replacement implants of the electronic identity mark.

Article 78 (Duties of Pet Keepers)

Those who own, keep and care for pet animals should as far as is appropriate observe their duties to their pets, and the use of pet animals to engage in fighting for the purposes of enjoyment, gambling etc is prohibited.

Those who own, keep and care for pet animals should take pet animals that have not been immunised to an institution designated by the local animal husbandry and veterinary administrative department to undergo immunisation.

Those who own, keep and care for cats or dogs should take cats or dogs that have not been neutered to an institution designated by the local animal husbandry and veterinary administrative department to undergo neutering.

In the case of sick or injured animals, those who own, keep and care for them should provide necessary treatment.

Article 79 (Restrictions on Exercising Dogs and Cats)

When exercising their animals outdoors, dog and cat-keepers should comply with the following regulations:

(i)    a dog must wear an identity tag, collar and lead [harness], and a cat must wear an identity tag;

(ii)   other pedestrians, especially elderly persons, persons with disabilities, pregnant women and children, should be avoided;

(iii)   dogs should be prevented from barking, and dogs and cats from behaving aggressively;

(iv)   dog and cat waste should be cleaned up promptly;

(v)    dogs and cats should not be exercised by unaccompanied minors.

Urban administration-integrated law enforcement departments, on finding in a public place dogs or cats being exercised outdoors in violation of this Article should bring the activity to a halt and should notify it to be dealt with by the public security organs or other departments designated by the local People’s Government.

Article 80 (Management of Human Injury and Nuisance Caused by Dogs and Cats)

In cases where dogs or cats cause nuisance, the affected party may report the nuisance and request the public security organ or other administrative department designated by the local People’s Government to issue an administrative penalty or to forcibly seize the animal.

In cases where dogs or cats cause injury to a third party, the dog or cat-keeper should immediately accompany the injured person to a veterinary institution for diagnosis and treatment, and within 24 hours take the dog or cat which caused the injury to an animal detention and quarantine institute, shelter or rescue establishment to undergo examination for infectious and contagious diseases by the animal health administrative department. The animal health administrative department should report the circumstances of the injury caused and results of the examination to the public security organ or other department designated by the local People’s Government, for entry by the latter into the electronic dog or cat registration records.

Article 81 (Dog and Cat Detention and Quarantine Institutes, Shelters and Rescue Establishments)

The abandonment of dogs or cats by their keepers is prohibited.

Dog and cat-keepers should appropriately dispose of dogs and cats in the cases listed below. If unable to do so personally the keeper should take the dog or cat to an animal detention and quarantine institute, shelter or rescue establishment, none of which may refuse to accept the animal:

(i)    dogs or cats which will no longer be kept;

(ii)   dogs or cats which exceed the numbers permitted by regulations;

(iii)   dogs or cats which do not meet the conditions required to be kept as pets, and for which the public security organ will not complete registration or renewal of registration procedures.

Dog and cat detention and quarantine institutes, shelters and rescue establishments, on receiving dogs and cats under the foregoing conditions should issue the dog or cat-keeper with proof of receipt.

Article 82 (The Setting Up of Non-governmental Pet Animal Detention and Quarantine Institutes, Shelters and Rescue Establishments)

The State encourages those work units, individuals and organisations with the requisite conditions to set up dog and cat detention and quarantine institutes, shelters and rescue establishments. The setting up of such establishments must be on obtaining permission from the public security organ at county level or other department designated by the local People’s Government, and completing registration as a social organisation in accordance with the law.

Conditions for the setting up of non-governmental dog and cat detention and quarantine institutes, shelters and rescue establishments shall be dealt with according to the regulations in this Law related to large-scale pet breeding establishments.

The funds required to run the business of non-governmental dog and cat detention and quarantine institutes, shelters and rescue establishments shall in principle be raised chiefly by the establishments themselves. The local People’s Government should supplement these funds where necessary. The State encourages society to support by means of fundraising etc the respective activities of non-governmental dog and cat detention and quarantine institutes, shelters and rescue establishments.

Article 83 (Operation of Non-governmental Pet Animal Detention and Quarantine Institutes, Shelters and Rescue Establishments)

Non-governmental pet animal detention and quarantine institutes, shelters and rescue establishments which have been set up in accordance with the law may engage in the following operations:

(i)    sheltering and providing appropriate places for stray dogs and cats;

(ii)   sheltering and providing appropriate places for dogs and cats whose keepers may no longer be able to easily keep them;

(iii)   sheltering and providing appropriate places for dogs and cats which the administrative departments have detained or confiscated in accordance with this Law;

(iv)   rescuing, sheltering and handling dogs and cats in disaster or crisis situations.

Article 84 (Police Inspection and the Collection of Stray Dogs and Cats)

The public security organs should establish daily patrol and inspection systems in order to promptly identify, investigate and penalise unlawful dog-keeping conduct. The public security organs should establish records of unlawful dog-keeping and should manage more closely dog-keepers who have been reported or penalised repeatedly.

The public security organ or other department designated by the local People’s Government, on discovering stray dogs or cats, should use humane methods to catch them and should take the dogs or cats to a dog and cat detention and quarantine institute, shelter or rescue establishment.

The animal husbandry and veterinary department or urban administration-integrated law enforcement department, on discovering stray dogs or cats, should take the dogs or cats to a dog and cat detention and quarantine institute, shelter or rescue establishment, or should notify it to be dealt with by the public security organ or other department designated by the local People’s Government.

Any other work unit, individual or organisation, on discovering stray dogs or cats, should take the dogs or cats to a dog and cat detention and quarantine institute, shelter or rescue establishment, or should notify it to be dealt with by the public security organ or other department designated by the local People’s Government.

Article 85 (Handling of Stray Dogs and Cats)

Non-governmental shelter organisations when collecting stray dogs and cats should report the relevant information to the dog and cat detention and quarantine institute, shelter or rescue establishment.

Dog and cat detention and quarantine institutes, shelters or rescue establishments, or non-governmental shelter organisations when receiving a stray dog or cat should within 15 days identify the keeper and issue a notice to the keeper to claim the animal; in cases where the keeper cannot be identified or the keeper has not claimed the animal within 15 days of the issuance of the notice, the dog or cat should be treated as an ownerless animal.

Dog and cat detention and quarantine institutes, shelters or rescue establishments, or non-governmental shelter organisations should establish reception records when receiving abandoned or ownerless cats or dogs.

Dog and cat detention and quarantine institutes, shelters or rescue establishments, or non-governmental shelter organisations when receiving abandoned or ownerless cats or dogs which fulfil the conditions to be kept as pets may be adopted by work units, individuals or organisations which fulfil the conditions to keep them.

Abandoned and ownerless cats or dogs which have not been adopted within a month of the date of detention and quarantine, collection or rescue, may be humanely disposed of in an appropriate manner by dog and cat detention and quarantine institutes, shelters or rescue establishments; those animals which continue to be kept in dog and cat detention and quarantine institutes, shelters or rescue establishments should undergo examination for infectious and contagious diseases, immunisation, neutering and necessary treatment.

Abandoned and ownerless cats or dogs which have not been adopted within a month of the date of detention and quarantine, collection or rescue by a non-governmental shelter organisation, if deemed by that organisation to be in need of humane disposal, should be humanely disposed of under the supervision of the local animal husbandry and veterinary administration department.

Non-governmental shelter organisations and dog and cat detention and quarantine institutes, shelters and rescue establishments may not abandon or cruelly treat dogs or cats.

Article 86 (Regulations Covering Adoption of Dogs and Cats)

Citizens applying to shelter organisations or establishments to adopt dogs or cats, after their applications are examined and they are confirmed as qualified to keep pet animals as stipulated in this Chapter of the Law, may adopt animals and must register with the animal protection administrative department.

Dogs and cats must undergo neutering before being adopted.

Work units, individuals and organisations which meet the conditions and adopt dogs or cats shall pay management fees reduced by half.

Article 87 (Disposal of Pet Animal Carcasses)

No work unit, individual or organisation may throw out at will the carcass of a dead pet animal, jeopardising public health and safety and environmental safety.

No work unit, individual or organisation may dig a grave for the burial of the carcass of a dead pet animal.

Veterinary hospitals and schools receiving donated pet animal remains for the purposes of training or education should dispose of the remains appropriately when the training or education is concluded.

A work unit, individual or organisation which is not able to appropriately dispose of the carcass of a dead pet animal itself, should promptly take the carcass to a sanitary disposal unit for safe disposal; sanitary disposal units disposing of pet animal carcasses may not make a charge and should issue a relevant certificate of disposal.

 

Chapter 6    Legal Protection for Laboratory Animals

 

Article 88 (Definition of Laboratory Animal)

In this Law ‘laboratory animal’ refers to an animal which has been artificially kept and bred and in which micro-organisms and parasites are controlled, whose genetic background or origin is clear, and which should be used for scientific research, education, production, testing or other scientific experiments. 

According to the degree to which micro-organisms and parasites are controlled, laboratory animals are divided into normal, clean, specific pathogen free [SPF] and aseptic grades.

Article 89 (Basic Policy on Laboratory Animal Protection)

The protection and management of laboratory animals should also safeguard the quality of animal experiments, meet the needs of scientific research and the development of society, and should prevent laboratory animals from being caused unnecessary suffering and harm.

The management of laboratory animals should adhere to the principles of centralised planning, rationalised division of labour and strengthened international exchange and cooperation, in order to promote scientific research into and applications of laboratory animals.

The State encourages the sharing of experimental data and material domestically and internationally, in order to reduce the numbers of laboratory animals used; the State also promotes alternative [replacement] experimental methods, in order to reduce the number of unnecessary animal experiments; and refinement of experimental methodology, technology, content and procedures in order to avoid causing animals unnecessary suffering and harm.

The breeding, transport, use and disposal measures of laboratory animals should be humane, and teasing, harassment, abandonment of and cruelty towards laboratory animals, and engaging in experiments involving animal fighting are prohibited.

Article 90 (Ethical Restrictions on Animal Experimentation)

Animal experiments may not violate society’s recognised concepts of human ethics, and any animal experiments which involve questions of human ethics should follow the relevant laws and regulations of the State.

The science and technology administrative department under the State Council shall establish a national laboratory animal ethics committee, in order to supervise and manage the scientific use of laboratory animals. The national laboratory animal ethics committee should include at least one veterinarian and one representative of an animal protection organisation.

The science and technology administrative department of each province shall establish a provincial laboratory animal ethics committee, in order to supervise and manage the scientific use of laboratory animals. The provincial laboratory animal ethics committee should include at least one veterinarian and one representative of an animal protection organisation.

National and provincial laboratory animal ethics committees should publish basic principles or guidelines on animal experimentation.

Article 91 (Permits for the Breeding, Transport, Trading and Experimental Use of Laboratory Animals)

Work units, individuals and organisations engaged in the breeding, transport, trading and use in experiments of laboratory animals should apply to the provincial science and technology administrative department and may engage in such activity only on obtaining a permit.

The management of permits for the breeding, transport, trading and use in experiments of laboratory animals shall be determined by the science and technology administrative department, with the health, education etc administrative departments under the State Council.

Article 92 (Use of Laboratory Animals which Conform to Standards)

Work units carrying out experiments should use laboratory animals approved by the administrative department as conforming to standards. In the event of any use of animals which have not been approved as conforming to standards, the relevant department should take the following measures:

       (i)    cease funding for the research project in question;

(ii)   deem the results of the tests or assessment to be invalid;

       (iii)   deem all of the pharmaceuticals, biological products or other products in question to be                      failing to conform to standard.

Article 93 (Laboratory Animal Housing)

The living environment for laboratory animals should be arranged in a rational manner, and the volume of space, housing layout, conditions of the housing and surrounding environment, equipment, facilities etc should all comply with the scientific requirements and relevant standards, and should be inspected daily.

Detailed requirements shall be stipulated in the criteria and technical standards determined in the Laboratory Animal Management Regulations and by the science and technology administrative department under the State Council.

Article 94 (Laboratory Animal Care)

Work units and organisations engaged in the breeding, transport, use and disposal of laboratory animals should establish sound laboratory animal management regulations and systems. Detailed requirements shall be determined by the science and technology administrative department under the State Council.

Laboratory animals should be fed with clean water and nutritious feed conforming to standards, and at frequencies and in amounts determined by the behaviour and habits of the animals. Detailed standards shall be determined by the science and technology administrative department under the State Council.

The living conditions and health status of laboratory animals should be subject to frequent and detailed observation. When a laboratory animal is sick or shows abnormal symptoms it should immediately be isolated and should undergo complete veterinary examination and be humanely disposed of as appropriate.

Article 95 (Replacement in Animal Experimentation)

In conducting scientific or other research, when different options are available, the experimental method which uses the smallest number of animals and which produces the least pain, suffering, distress or lasting harm, but which may still provide a satisfactory result should be selected.

Alternatives should be used in experiments whenever possible. When laboratory animals must be used to conduct experiments or research, to the greatest extent possible the causing of suffering to laboratory animals should be avoided, and the number of animals and number of times used should be reduced as far as possible.

The recording of the number of times laboratory animals are used and the aims of the experiments should be the responsibility of a specified person.

Article 96 (Restrictions on the Repeated Use of Laboratory Animals)

The same animal may not undergo the same experiment repeated in the same test cycle. If such an experiment is necessary it should be examined and approved by the laboratory animal ethics committee.

Article 97 (Anaesthesia of Laboratory Animals)

If intense pain is going to be caused to laboratory animals, anaesthesia, painless methods or other methods which avoid pain, suffering, distress or lasting harm, should be used. In cases where owing to the particular aims of the experiment anaesthesia cannot be used or there is no practicable way of using anaesthesia in the experiment, the requirements of the basic principles or guidelines on animal experimentation should be followed.

Article 98 (Post-Experiment Health Examination)

On conclusion of the experiment the health of the laboratory animals should be examined immediately.

If as a result of the experiment an animal has lost part of a limb or organ or is injured, and in continuing to live it will have to endure lasting pain, suffering, distress or harm, in compliance with the prerequisites of the basic principles or guidelines on animal experimentation, the animal may be promptly destroyed using a humane method.

Article 99 (Prohibition on Abandonment and Release of Laboratory Animals)

Work units, individuals and organisations engaged in animal experimentation should safeguard biosecurity and public health and safety, and the abandonment or release into the wild of laboratory animals is prohibited.

Article 100 (Credit Control of Laboratory Animals)

Science and technology administrative departments at every level should establish a credit control database, and should publish information on the production, applications, management etc of laboratory animals, which the public may readily consult and scrutinise.

Article 101 (Other Regulations)

Other requirements concerning the protection and management of laboratory animals are not stipulated under this Law and should be dealt with according to the Laboratory Animal Management Regulations.

 

 

 

 

Chapter 7    Legal Protection for Other Animals

 

Section (i)     General Regulations

Article 102 (Scope of Other Animals)

In this Law ‘other animals’ includes:

(i)    animals in zoos as exhibits or for the purpose of entertainment, such as wild animals and other animals in ordinary zoos, aquaria, oceanaria, animal performance areas, wild animal parks and other establishments;

(ii)   animals performing in circuses and other animals used in performances or for entertainment;

(iii)   animals used in sport, such as animals used in contests involving physical strength or races and other animals used in animal performance or competitive activities;

(iv)   animals used in film, television, advertising and other cinematographic or photographic activities;

(v)    animals performing particular work to protect public security or safety, including police dogs, anti-smuggling [customs] dogs, animals used for rescue purposes etc, except for draft livestock and guide dogs for the blind;

(vi)   other working animals used to provide a particular service to humans.

Article 103 (Aims and Guiding Principles)

Animal performances and exhibits should have as their main aim the teaching to the public of knowledge about the ecology of the animals in question.

Animal exhibits, performances or particular work should take as a guiding principle that the animals’ lives should be respected and their basic physiological and psychological needs should be met.

Article 104 (Requirements and Conditions on Breeding, Feeding, Training and Use)

The living space, temperature, drinking water, feed and other protection standards and requirements for animals and requirements on their training and use should comply with the relevant State criteria and requirements.

In the course of keeping, breeding, training or using animals, consideration should be given to the physiological and psychological characteristics and needs of different species, their humane and safe treatment and use should be ensured, and abandonment of and cruelty towards animals are prohibited. 

Article 105 (Veterinary Treatment and Care of Animals)

In the course of keeping, breeding, training or using animals, their physiological and psychological status should be frequently and carefully observed. If an animal should become ill or display abnormal symptoms it should immediately be isolated and undergo complete veterinary examination and appropriate treatment.

The abandonment or arbitrary destruction of sick, injured, aging or weak animals, or animals which are not suitable to display as exhibits, to perform, or engage in sport, competition or other work is prohibited. In cases where there is a genuine need to humanely destroy sick, injured, aging or weak animals, or animals which are not suitable to display as exhibits, to perform, or engage in sport, competition or other work, this should be carried out by a licensed veterinarian.

Article 106 (Prohibitions on the Use of Animals)

The use of the following animals to display as exhibits, to perform, or engage in sport, competition or other work is prohibited:

       (i)    mammals at the pregnancy or nursing stages, birds at the brooding or incubation stages,                 reptiles and amphibians at the egg-laying or spawning stages;

       (ii)    animals which are diseased or injured or which are dispirited.

Article 107 (Prohibitions on Cruelty towards Animals)

The causing of harm to animals by kicking, whipping, and other violent or cruel methods of driving them to perform or compete is prohibited.

The use of electric shocks on animals is prohibited, except in circumstances where an animal poses an immediate threat to public safety.

The deprivation of food and water and other cruel methods are prohibited, the forcing of animals at work or in performances to exceed their natural ability, and the driving of animals to engage in performances which may cause them harm are prohibited.

The teasing or goading of animals to fight and harm each other for the purposes of enjoyment or commercial gain is prohibited.

The feeding in public of a small animal to a carnivore, causing it fear, terror, harm or death for the purposes of enjoyment or commercial gain is prohibited.

The use of harmful methods of altering an animal’s appearance, such as declawing, defanging etc, for the purposes of enjoyment or photography is prohibited.

The permitting of visitors or members of the public to frighten or harm animals is prohibited. The use of live animals as targets and the permitting of visitors to use firearms, bows and arrows, clubs etc to strike, kill, harass or harm animals are prohibited.

 

Article 108 (Experience Requirements for Those who Own, Keep and Care for Animals)

Those who own, keep and care for animals should have the ability, knowledge and professional skills to rear animals, to ensure that the animals receive appropriate care.

There should be sufficient personnel to feed and care for the animals, to ensure that the basic needs of the animals are met.

Those who own, keep and care for animals should have full capacity for civil conduct, and should regularly receive animal care [stockmanship] education or training organised by animal husbandry and veterinary administrative or other departments.

Detailed methods shall be determined by the animal husbandry and veterinary administrative department under the State Council.

Article 109 (Animal-Keeping and Care Records)

Those who own, keep and care for animals should establish animal-keeping and care records, recording clearly the following:

(i)    the breed, number, reproductive record, identification, origin, entry and exit dates of the animal;

(ii)   the origin, type, usage, time and amount of feed, additives and veterinary drugs used;

(iii)   quarantine, immunisation and disinfection;

(iv)   growth and physical health status of the animals;

(v)    injury, death, disease and veterinary treatment;

(vi)   death and safe disposal of animal carcasses;

(vii)  other records stipulated by the animal husbandry and veterinary administrative department under the State Council.

The aforementioned records should be retained for a minimum of three years and provided when required to the supervision and management departments for inspection.

Article 110 (Prevention of Animal Escapes)

In order to guarantee the safety of people and animals, those who keep and care for animals should take steps to prevent animals from escaping.

In order to protect public safety, bodies and organisations engaged in animal performances and competitions etc. should set out an emergency contingency plan and submit it to both the administrative department responsible for the activity in question and the local public security organ for their approval.

In the event of the escape of an animal, the relevant parties should, in accordance with the emergency contingency plan, take necessary steps to bring the animal under control.

 

Section (ii)          Protection of Performing Animals in Circuses

Article 111 (Management Bodies and Management Standards)

The supervision and management of performing animals in circuses is the joint responsibility of the animal husbandry and veterinary administrative department, the forestry administrative department and the cultural administrative department.

After consultation with the China Association of Performing Arts, the animal husbandry and veterinary administrative department, the forestry administrative department and the cultural administrative department under the State Council shall stipulate animal protection and management standards and criteria for animals in circuses.

Article 112 (Prohibitions on the Use of Wild Animals)

The use in circus performances of wild animals taken directly from the wild is prohibited. The import and export of wild animals under special State protection for the purposes of circus performances is prohibited.

Article 113 (Limits on the Content of Performances)

Animal performances should be for the purposes of education and spreading knowledge, and the use of cruelty towards, or harassment or humiliation of animals in the content of performances is prohibited.

The organising of activities in which animals bite, fight or kill each other or the organising of such activity for entertainment or the deriving of financial gain from such activity are prohibited. The media may not publicise or give prior notice of such animal fighting or killing performances.

The organising of activities in which animals and humans fight or wrestle each other or the organising of such activity for entertainment or the deriving of financial gain from such activity are prohibited. The media may not publicise or give prior notice of such fighting or wrestling performances.

 

Section (iii)     Protection of Animals Used in Films, Television and      Advertising

Article 114 (Management Bodies and Management Standards)

The supervision and management of animals used in films, television and advertising is the responsibility of the animal husbandry and veterinary administrative department and the cultural administrative department.

After consultation with the China Association of Performing Arts, the animal husbandry and veterinary administrative department under the State Council shall stipulate protection and management standards and criteria for animals used in films, television and advertising.

Article 115 (Filming Methods and Content)

Filmed images of animals should illustrate in a scientific manner the natural behaviour of animals, and methods involving cruelty or harm towards animals may not be used in producing filmed images.

In cases where there is a genuine need in the production of a film, an exhibit or an advertisement for scenes or frames involving the injury or death of an animal, these should be obtained by computer generation [composition] or other technological means.

 

Section (iv)     Protection of Animals Used in Sport and Competition

Article 116 (Management Bodies and Management Standards)

The supervision and management of animals used in sport and competition is the responsibility of the animal husbandry and veterinary administrative department and the sports administrative department.

The animal husbandry and veterinary administrative department and the sports administrative department under the State Council shall stipulate management standards and criteria for animals used in sport and competition.

Article 117 (Prohibitions on Cruelty and Harm)

In training, sports contests or similar activities, the use of sharp objects such as spurs or blunt instruments to drive or cruelly treat animals is prohibited, and in the training or use of animals, methods may not be used which cause unnecessary suffering or harm to animals, or which adversely affect their behaviour.

Article 118 (Prohibitions on the Administration of Drugs)

In training, sports contests or similar activities, the administration of stimulants, anaesthesia and other banned drugs is prohibited.

 

Section (v)     Protection of Animals Used for Particular Work

Article 119 (Supervisory Bodies)

The management, training, assessment and approval of police dogs, anti-smuggling [customs] dogs, dogs used for rescue purposes and other similar particular work shall be the responsibility of the animal husbandry and

veterinary administrative departments and other relevant departments.

Before a training organisation for working dogs is established it must obtain permission from the animal husbandry and veterinary administrative department.

Article 120 (Management Standards)

The China Working Dog Management Association may draw up professional standards and criteria for the protection and management of working dogs, advocating the protection of and respect for the lives and value of working animals.

Article 121 (Prohibitions on Cruelty and Harm)

The application of cruel methods in the use of working dogs is prohibited.

The application in the use of working dogs of methods which cause harm or death is prohibited, except in emergency circumstances for the protection of significant public interest.

 

Chapter 8    Legal Protection Covering the Transport of Animals

 

Section (i)     General Regulations

Article 122 (Basic Definitions)

In this Law ‘the transport of animals’ means the act of loading and transporting animals by road or rail vehicles, ships, aircraft or other means of transport.

In this Law ‘long-distance transport of animals’ means the act of transporting animals on a journey exceeding a distance of 50km or duration of four hours.

In this Law ‘place of departure’ means the place where the animals are first loaded onto or into the means of transport, or the place, other than a staging point or transfer point at which the animals have been unloaded, fed, watered, cared for and rested for 24 hours or longer.

In this Law ‘destination’ means the place where the animals are finally unloaded from the means of transport. Staging points and transfer points are not destinations.

In this Law the ‘transport process’ means the entire process from place of departure to destination.

In this Law a ‘staging point’ means a place where the journey is temporarily broken for animals to be fed, watered and rested. A ‘transfer point’ is a place where the journey is temporarily broken for animals to be transferred to another vehicle.

In this Law a ‘transport change point’ means a place where the journey is temporarily broken for animals to be transferred to a different means of transport. 

In this Law ‘rest’ means the act of resting, watering and feeding animals after temporary unloading.

In this Law a ‘haulier’ means any work unit, individual or organisation which, on its own behalf transports animals, or transports animals for commercial purposes on behalf of a third party, or provides the means of transport to a third party to do so.

In this Law ‘large animal’ means cow, sheep, goat, horse, donkey, mule, elephant, tiger or other physically large animal.  

In this Law ‘small animal’ means cat, dog, duck, rabbit, mouse, rat, snake or other physically small animal.  

Article 123 (Basic Policy and Requirements)

The State encourages the slaughter of food animals at the point of production, and restricts the long-distance transport of animals.

When applications are made for the long-distance transport of animals, quarantine certificates and certificates proving that the animals are lawfully owned or acquired should be issued.

Article 124 (Restrictions on the Transport of Animals)

Animals in the early stages of pregnancy, animals which are about to give birth or have given birth within the preceding 48 hours, and newborn animals whose umbilical cords are not yet healed, may not be transported.

Young animals which are unable to feed or drink independently may not be transported without their mothers.

Animals with slight illness or injury may be transported with the approval of the agriculture department and quarantine department, provided that their transportation will not cause unnecessary suffering or harm, or is required for the purposes of scientific research.

Article 125 (Transport Liabilities and Quarantine)

The haulier of the animals shall be completely liable for the protection of those animals during transport.

Before long-distance transport of animals permission should be obtained from the local agriculture department and quarantine department. On receipt of an application, the agriculture department should designate two licensed, qualified veterinarians to attend the place of loading to carry out an examination to ensure that the animals’ physical health meets transport requirements, and to make detailed records of the number of animals being transported and the dimensions and registration numbers of the means of transport.

In cases where this examination is passed the veterinarians should approve the transport application and issue recommendations which should include points such an appropriate method of transport, transport conditions, time intervals between feeding and watering, and loading and unloading methods.

In cases where small numbers of animals are being transported, the haulier or agent of the haulier may load and transport the animals to undergo examination at a place jointly designated by the local agriculture department and quarantine department.

Article 126 (Construction of Animal Transport Containers)

The construction of animal transport containers should comply with the following requirements:

       (i)    except where specially regulated by the State, during the transport process animals should be provided with               adequate space to stand; large animals should be provided with space to lie down;

       (ii)    the method of transport and container should be capable of protecting the safety and preventing   the                escape of the animals, and may not have any defects such as sharp edges, grooves or holes which may cause             harm to the animals;

(iii)   the transport container should be easy to clean, and provide space and ventilation appropriate to the particular needs of the species, so that the animals remain free from physical suffering caused by high or low temperatures, strong winds and other harsh weather conditions;

(iv)   the construction should allow ease of inspection and care for each animal; during the transport and handling processes the container should maintain a vertical position and may not sway or shake;

(v)    the step between the loading ramp and the ground and the step between the ramp and means of transport may not exceed a height of 21cm;

(vi)   on the outside of the container should be displayed an information notice indicating requirements for the                   length, height, width, vertical position, appropriate temperature and weather conditions for transport.

When transporting wild animals, timid animals or dangerous animals, appropriate markings should appear on the container or means of transport.

Article 127 (Requirements for Transport Containers)

Transport containers on vehicles, carriages, ships or aircraft should take the form of enclosed compartments, and the floors should be slip-resistant and sufficiently solid as to bear the weight of the animals being transported.

Except where other measures have been adopted to clean waste, the floors of such enclosed compartments should be thoroughly cleaned before use, and furnished with a certain amount of hay.

Article 128 (Requirements on the Species and Ages of Animals)

In cases where animals are transported in the same vehicle, carriage, ship or aircraft, animals of different species should be separated from each other; where animals of the same species are transported they should be prevented from attacking each other.

Where animals are of different ages, except for mothers and their unweaned young which may be kept together, other adult animals should be separated from young animals.

Uncastrated bulls, boars and odd-toed ungulates [equids etc] should be separated from adult females of the same species. Animals of opposite sexes in oestrus should also be separated.

Separation facilities should be adjustable to suit the shape, dimensions and number of animals.

Article 129 (Loading and Unloading of Animals)

When animals are loaded and unloaded, suitable loading and unloading bridges, ramps, passageways and other facilities should be used. The floor of these facilities should not be slippery and the sides should be safe and robust.

When animals are loaded and unloaded they may not be lifted by the tail, fur or hair, or by the head, horn or leg, no machinery or installation may be used to hoist and move animals which may cause them fear or harm, and the driving of animals with electric prods shall be reduced as far as possible.

Article 130 (Use of Halters and Bridles)

When an animal is haltered, the halter should be sufficiently strong and of an appropriate length as to allow the animal to lie down, feed and drink normally.

When odd-toed ungulates are transported, except where a cage contains a single animal, they should be fitted with bridles and hind legs should be unfettered.

Animals should not be tethered by the horns. The design of tethers should prevent the death of or harm to animals from strangulation.

Article 131 (Identification and Registration of Animals Prior to Transportation)

Animals should be identified and registered prior to transportation. Identification and registration shall include the following main items:

(i)    the origin and owner of the animals;

       (ii)    the place of departure and destination;

       (iii)   the exact date and time of departure;

       (iv)   the precise method of transport and the haulier;

       (v)    the persons caring for the animals during the transport process.

The aforementioned document should be issued by the agricultural department and should accompany the animals for the entire duration of the transport process, for ease of inspection by the relevant administrative departments.

Article 132 (Letter of Assurance for the Transport of Animals)

Prior to transportation the haulier should submit to the agriculture department a letter of assurance containing the following:

       (i)    a commitment to comply with laws, regulations and animal protection requirements of the agriculture                   department;

(ii)    proof that the persons caring for the animals have received special training in animal protection and have relevant experience.         

If the transport time is to exceed eight hours, the haulier should draft a plan of the optimum route for the protection of the animals’ health, and submit the plan in advance to the agricultural department for approval. This plan should include the following:

       (i)    transport and transfer points and staging points of the journey;

       (ii)    feeding and watering times and places.

On completion of the journey the haulier should submit the route documents to the administrative department where approval was originally obtained.

Article 133 (Feeding and Watering During the Transport of Animals)

In the course of long-distance transport animals should be regularly fed and watered in accordance with the advice of a veterinarian. In circumstances where animals are not fed or watered the journey must not exceed eight hours in duration.

If unloading of animals can be completed in reasonable time, the time between the aforementioned feeding and watering times may be extended as appropriate.

Article 134 (Responsibilities of the Haulier and Persons Caring for Animals)

The haulier should ensure the safe transport of the animals, and should provide them with feed and water in accordance with requirements. When necessary animals should be transported under the care of a specified person.

When dairy cattle are transported over long distances the intervals between milking may not exceed 12 hours.

The lighting conditions within transport containers should meet requirements and should enable persons caring for the animals to attend to them easily.

Article 135 (Veterinary Treatment of Animals and Transport Time)

Animals which fall ill or are injured during transport should receive the care of the accompanying veterinarian or a veterinarian on the route as promptly as possible. When necessary in order to prevent such animals from suffering unnecessarily and to control the transmission of disease, animals other than wild animals under special State or special local protection may be humanely slaughtered.

When animals are transported, or vehicles are being changed or grouped, quarantine procedures should be carried out as quickly as possible. If animals need to wait for more than two hours while vehicles are changed or grouped or quarantine procedures are completed, the haulier should make necessary arrangements for the animals, if necessary allowing them to be unloaded, rested, fed and watered.

Article 136 (Disease Prevention at Loading, Unloading, Rest, Transfer and Staging Points)

Animal transport loading, unloading, rest, transfer and staging points should be disinfected regularly, and the disease prevention status of animals should be reported in accordance with requirements.

Animal transport loading, unloading, rest, transfer and staging points should provide separate housing for animals which are sick, injured or in need of individual care, and should make appropriate arrangements for the storage and disposal of waste and dead animals resulting from transport.

 

Section (ii)      Special Regulations for the Transport of Large Animals by Rail, Road, Waterway and Air

Article 137 (Environmental Requirements for Means of Transport)

When large animals are transported by rail, road or waterway, the transport container’s air vents should be installed so as to meet the requirements for ventilation of the compartment when travelling at both high and low speeds.

When large animals are transported by rail, the outer wall of the compartment should be marked ‘live animal transport’. Where it is difficult to obtain railway carriages suitable for animal transport, carriages used for this purpose should have roofs and air vents of suitable dimensions.

When large animals are transported by road, the vehicle should have a roof which ensures that animals can effectively withstand physical suffering caused by high or low temperatures, strong winds and other harsh weather conditions.

Article 138 (Safety Requirements for Means of Transport)

When large animals are transported by rail or road, if special equipment such as troughs, containers etc are required to feed and water animals they must be transported in the vehicle and when necessary must be secured in the vehicle so that they cannot be overturned. When the vehicle is in motion and food troughs and containers are not required, they should be stowed separately from the animals. Troughs and containers must not harm animals and should be cleaned before use and disinfected after each journey.

The inner walls of compartments should be constructed of wood or other smooth material. The interior of compartments should be fitted with rings or poles which the animals may lean or rest against, and precautions should be taken to prevent compartments from swaying violently when being grouped together or moved for other reasons.

Article 139 (Requirements for Separation and Mixing of Animals on Vehicles)

Large animals should be tethered before transport. Where animals need to be separated the stalls should be constructed in accordance with requirements.

When odd-toed ungulates are tethered they should be facing in the same direction or facing each other. Healthy, young animals may be transported without tethering. When it is necessary to separate animals they should be tethered in different parts of the compartment or separated in stalls.

When compartments are loaded a certain amount of space should be left to allow access for those persons caring for the animals.

The means of transport should carry a ramp for loading and unloading animals, to ensure that animals can be unloaded, rested, fed and watered when necessary.

Article 140 (Requirements for Transport by Waterway)

When large animals are transported by waterway, in order to prevent animals from falling into water and to enable them to withstand high or low temperatures, strong winds and other harsh weather conditions, animals must not be carried on an open deck, unless they are placed in completely secure containers or other substantive precautions are taken.

When transporting large animals the following measures should be taken:

       (i)    animals should be tethered or placed in a suitable enclosure or container;

       (ii)    persons should be deployed in numbers necessary to care for the animals;

       (iii)   to enable ease of inspection and attending to the animals, certain lighting conditions should be                    provided and passageways should be left between enclosures or containers;

       (iv)   ships should be installed with drainage systems in all parts containing animals, in order to maintain          a clean transport environment;

       (v)    equipment for isolation and emergency treatment, and when necessary drugs and instruments for          the humane destruction of animals, should be carried on board;

       (vi)   feed and drinking water appropriate to the particular needs of the species, numbers of animals and               duration of the journey, should be carried on board.

The aforementioned requirements are not applicable to ferry boats or ships carrying road or rail vehicles which are transporting animals.

Article 141 (Requirements for Transport by Air)

When large animals are transported by air they, should be placed in containers or enclosures which meet the particular needs of the species.

In order to restrict the degree of movement of animals within the aircraft, the haulier may adopt appropriate control measures.

In order to prevent excessive fluctuations in air temperature and pressure, the haulier may adopt appropriate precautionary measures.

Equipment for isolation and emergency treatment, and when necessary instruments for the humane destruction of animals, should be carried on board.

 

Section (iii)     Special Regulations for the Transport of Small Animals

Article 142 (Transport of Poultry and Rabbits)

When poultry and rabbits are transported the supervisory department may according to circumstances require the haulier to comply with part of the Articles relating to large animals.

The transport of sick or injured poultry or rabbits is prohibited. During transport, in order to prevent unnecessary suffering caused to poultry or rabbits through sickness or injury, a veterinarian should be promptly summoned to attend or the animals should be humanely destroyed.

Chickens should be transported separately from other poultry; poultry should be transported separately from predator species; birds must be transported under reduced light conditions.

When poultry or rabbits are transported in layered containers or in multi-level carriages, ship cabins or aircraft cabins, precautions should be taken to ensure that animals or animal waste do no fall from upper containers or levels onto animals below. 

When loading or unloading poultry, the birds should not be lifted by their heads, necks, wings or tails, with the exception of ducks which may be lifted by their necks or geese which may be lifted by both wings, and no birds should be tied by the neck, leg or wing.

During long distance transport, those persons caring for the animals should decide on the provision food and water according to the prevailing circumstances; when poultry or rabbits are being transported for less than 12 hours, or hatchlings under 72 hours old of any poultry species are being transported for less than 24 hours, a suitable quantity of food and water should be provided.

Article 143 (Transport of Dogs and Cats)

When domestic dogs and cats are transported those persons caring for them should as required complete an animal care form detailing the food and drinking water provision and other content, and should care for the animals in accordance with guidelines.

The persons caring for the animals should provide drinking water at intervals no greater than six hours, and food at intervals no greater than eight hours.

Article 144 (Transport of Other Mammals and Birds)

When other mammals and birds are transported the transport container or other vehicle or means of transport should meet the specific needs of the species in question.

The persons caring for the animals should as required complete an animal care form detailing the food and drinking water provision and other content, and should care for the animals in accordance with guidelines.

Horned animals should not be transported when the horns or antlers are soft.

Article 145 (Transport of Cold-Blooded Animals)

The transport of cold-blooded animals should be carried out as quickly as possible. The dimensions of the transport container and the space, ventilation, temperature, water supply, oxygen and other conditions should meet the specific needs of the cold-blooded species in question.

 

Chapter 9    Legal Protection Covering the Slaughter of Animals

 

Section (i)       General Regulations

Article 146 (Basic Definitions)

In this Chapter ‘animal’ means an animal which is reared or owned for the purposes of producing meat, leather, fur or other products.

In this Law ‘slaughter’ means the act of bleeding an animal to the point of death.

Article 147 (Basic Principles)

The slaughter of animals should adhere to humane principles, and should be carried out using methods which minimise or reduce the animals’ stress, fear and pain up to the point of slaughter.

Article 148 (Experience and Skill Requirements)

Persons engaged in animal slaughter as an occupation or for commercial purposes must possess the necessary knowledge and skills to carry out slaughter humanely and effectively, and must possess a slaughter licence issued jointly by the agriculture administrative department and the commerce administrative department under the State Council.

 

Article 149 (Designated Places of Slaughter)

The State requires slaughter for commercial purposes to be carried out under a system of designated places of slaughter.

Any work unit, individual or organisation may not engage in animal slaughter activities without being designated as a place of slaughter, with the exception of individual slaughter for individual consumption in rural areas.

In rural areas which are remote or where transport is inconvenient, small-scale slaughter sites may be established for the supply of animal products to local markets only, and detailed management methods will be determined by the province, autonomous region or municipality under direct central government jurisdiction.

Article 150 (Requirements for Designated Places of Slaughter)   

The designated slaughterhouse (slaughter site) should meet the following requirements:

       (i)  It should be equipped with a water supply adequate for the scale of the slaughterhouse, with water quality                 which meets the hygiene standards for drinking water in urban and rural areas as stipulated by the State.  

       (ii)  Slaughter facilities and means of transport should comply with requirements stipulated by the State, and the        slaughterhouse or site should have the equipment and skills to carry out humane slaughter.

       (iii)   The designated slaughterhouse (slaughter site) must be equipped with slaughter personnel appropriate for                   the scale of the slaughterhouse. Slaughter personnel must hold a certificate of qualification issued by the                  department responsible and a health certificate issued by a medical institution at county level or above.

       (iv)   The designated slaughterhouse (slaughter site) must be equipped with inspection personnel who have passed               the relevant examinations appropriate for the scale of the slaughterhouse.

(v)    The designated slaughterhouse (slaughter site) should be furnished with inspection equipment, disinfection                  facilities and chemicals in compliance with requirements stipulated by the State.

(vi)   The pollution treatment facilities at the designated slaughterhouse (slaughter site) should comply with environmental protection requirements stipulated by the State governing the discharge of waste water, waste gas, waste matter and noise.

       (vii)  The designated slaughterhouse (slaughter site) should be furnished with safe disposal facilities in compliance         with standards for the safe disposal of sick animals and animal products.

       (viii)  The designated slaughterhouse (slaughter site) should obtain a certificate of animal epidemic prevention in                  compliance with the law.

Animal slaughter and processing sites shall be planned and set up by the People’s Government at municipal level, which shall organise inspection of the sites by the commerce administrative department, animal husbandry and veterinary administrative department, environmental protection administrative department and other relevant departments, in accordance with this Law. The municipal People’s Government shall seek confirmation from the commerce administrative departments of the People’s Government of the province, autonomous region or municipality under direct central government jurisdiction, before issuing a designated place of slaughter certificate and official sign.     

Article 151 (Centralised Quarantine System)

The State requires slaughter for commercial purposes to be carried out under a centralised quarantine system, enforced by the State animal husbandry and veterinary administrative department. Quarantine work in slaughterhouses shall be carried out by the animal husbandry and veterinary administrative departments of the local People’s Government at county level and above, in their respective jurisdictions.

Article 152 (Animals Prohibited from Slaughter)

Before slaughtering animals the owner of the animals should apply to the local animal health administrative department for a quarantine inspection, in accordance with regulations set out by the animal husbandry and veterinary administrative department under the State Council. Slaughterhouses (slaughter sites) are prohibited from slaughtering the following animals:

       (i)    those connected with blockaded epidemic areas where animal diseases have occurred;

       (ii)    those which are susceptible to infection from within an epidemic area;

(iii)   those which should undergo quarantine inspection by law but which have not done so, or which have not                    passed inspection;

       (iv)   those which have been infected or are suspected of being infected;

       (v)    those which have died of disease or whose cause of death is unknown;

       (vi)   those which do not comply with relevant animal epidemic prevention regulations set out by the animal                  husbandry and veterinary administrative department under the State Council.

Article 153 (Unloading of Animals)

Animals should be unloaded immediately on arrival at the slaughterhouse (slaughter site). If immediate unloading is not possible then provision should be made to protect the animals from adverse weather and to allow adequate ventilation.

Loading and unloading equipment should include non-slip floors, and the ramps and sides of the passageways should be fenced to prevent animals from falling.

The degree of sloping at the entrances and exits of enclosures should be minimised.

In the process of driving animals inappropriate methods which cause pain, fear or provocation to animals may not be used.

Article 154 (Marking of Animals)

After entering the slaughterhouse (slaughter site) animals should not be marked using methods which cause suffering.

Article 155 (Immediate Slaughter)

After arriving at the slaughterhouse (slaughter site) animals should be slaughtered as soon as possible and in a manner causing the minimum of suffering. Those animals which cannot be slaughtered promptly should be provided with lairage which is sanitary, dry, well ventilated and able to withstand adverse weather, and should be fed and watered.

Article 156 (Restraint of Animals)

Before slaughter animals should not be restrained in a manner which causes them avoidable pain, suffering, agitation, harm or skin grazing.

Article 157 (Stunning)

In order to minimise or reduce unnecessary suffering caused to animals, before slaughter animals should be humanely stunned, and those animals that cannot be bled immediately may not be stunned. 

Article 158 (Bleeding, Flaying, Scalding or Dehairing/Defeathering)

After stunning animals should immediately be rapidly, cleanly and thoroughly bled.

Animals may not be flayed, scalded, dehaired, defeathered, eviscerated or delimbed before death.

Article 159 (Sight Restriction)

The slaughter process may not take place in the presence of other live animals awaiting slaughter.

During the processes of slaughter and carcass-dressing those persons without capacity for civil conduct or with limited capacity for civil conduct may not be permitted to enter or be present at the site.

 

Section (ii)      Special Regulations

Article 160 (Other Regulations on Animal Slaughter)

Other requirements for the slaughter of pigs are not stipulated in this Law, but shall be enforced according to Administrative Regulations on the Slaughter of Pigs and National Standard GB/T22569-2008 of the People’s Republic of China: Technical Standards on the Humane Slaughter of Pigs. The management of the slaughter of other animals for commercial purposes not stipulated in this Law shall be enforced according to Administrative Regulations on the Slaughter of Pigs and National Standard GB/T22569-2008 of the People’s Republic of China: Technical Standards on the Humane Slaughter of Pigs.

Article 161 (Slaughter of Dogs, Cats and Other Animals for Non-Commercial Uses)

The slaughter of dogs, cats and other animals for non-commercial uses should be for reasonable purposes and should be carried out humanely.

Article 162 (Restrictions and Prohibitions on the Slaughter of Dogs, Cats and Other Animals)

People’s Governments at the provincial level may prohibit or restrict the slaughter of dogs, cats and other animals in their jurisdiction.

Article 163 (Slaughter of Animals in Cases of Religious Practice, Ethnic Custom and Emergency)

In cases where animals are slaughtered in religious rites or in accordance with ethnic minority customs or practices, or in emergency situations, the slaughter may be carried out using methods which bring about immediate death of the animal, and shall not be subject to the foregoing restrictions stipulated in this Chapter. It should still, however, as far as possible be ensured that animals are not subject to avoidable pain and suffering. 

 

Chapter 10  International Cooperation in Animal Protection

 

Article 164 (International Exchange and Cooperation)

The State encourages and supports work units, individuals and organisations in developing international exchange and cooperation in animal protection.

International exchange and cooperation in animal protection should conform to the conditions prevailing in the People’s Republic of China.

The State encourages foreign and international non-governmental organisations to participate in animal protection education and training, epidemic prevention, veterinary treatment and rescue work in China.

Article 165 (Standards for the Protection of Animals Undergoing Import and Export)

The State encourages export enterprises to adopt animal protection measures in accordance with the legal requirements and animal protection standards and requirements of the importing country.

The Government of the People’s Republic of China prohibits the export and import of animal products manufactured using brutal methods, and prohibits the import of animals which do not comply with China’s requirements for the protection of the environment, public health and ecological safety.

When exporting animals and animal products to China, the exporting country must produce animal protection certificates issued by the relevant Chinese institutions. The Chinese Government prohibits the import or transit of animals which do not comply with China’s animal protection standards or requirements.

The import and export for commercial purposes of endangered wild animals should be prohibited or restricted by the relevant administrative department in accordance with the category of protection of the species. Prior to the import and export of endangered wild animals permitted to be imported and exported, application for a permit should be made to the State forestry administration department.

Article 166 (Enforcement of Animal Protection Standards and Quarantine)

In transnational trade in animals and animal products, where problems arise concerning animal protection standards, the Chinese Government addresses these in accordance with international agreements or the principle of mutual benefit.

When animals and animal products are imported into China, the exporter should provide certificates of lawful ownership or right to trade and an animal quarantine certificate.

Article 167 (Suspension of Export or Import of Animals and Animal Products)

In order to prevent animal disease, cruelty and other detrimental effects within the jurisdiction of the People’s Republic of China, and to protect the ecological environment and public health, the Chinese Government may suspend the export or import of certain animals or animal products.

 

Chapter 11  Legal Liability

 

Article 168 (General Penalties)

Any person violating this Law under any one of the following circumstances shall be ordered to rectify the violation immediately or within a specified time limit, be issued with an individual caution or a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

       (i)    deliberate cruel treatment, harming or harassment of an animal which causes it unnecessary suffering or                      harm;

(ii)    failure of an owner or person caring for the animal to provide prompt treatment or relief to a seriously injured or sick animal;

       (iii)   failure to provide an animal with compulsory immunisation in accordance with the law;

       (iv)   abandonment or unlawful release of an animal into the wild;

       (v)    unlawful removal of organs or derivatives from the body of a live animal;

       (vi)   theft of an animal of low monetary value;

       (vii)  unlawful export or import of an animal product manufactured using brutal methods;

(viii)  failure to comply with regulations covering the records for the breeding or transport of animals or the use of animals in research;

       (ix)   unlawful transfer or resale of permits;

(x)    refusing, delaying or obstructing the lawful duties of the responsible animal protection administrative                   department to carry out inspection, investigation, seizure or the closing and sealing up of premises.   

Article 169 (Penalties for Violations of the Regulations on Animal Care)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

       (i)    failure by a person who owns, keeps or cares for an animal to meet the conditions required by this Law to do              so;

(ii)    failure by a large-scale livestock farm or laboratory animal breeding establishment to meet the relevant conditions required by this Law, or failure to maintain facilities in good repair in accordance with the regulations;

(iii)   failure to fulfil responsibility for the care of an animal in accordance with the law or handing over the keeping or care of an animal to a person not qualified to purchase, keep or care for an animal;

       (iv)   failure to carry out isolation of an animal in accordance with the law;

       (v)    any other act which violates the regulations for the humane care of animals.

Article 170 (Penalties for Violations of the Regulations on Veterinary Treatment)

Any veterinary treatment institution violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, and be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

(i)    operating of veterinary treatment services without obtaining permission from the animal husbandry and veterinary department of the People’s Government of the province, autonomous region or municipality under direct central government jurisdiction;

(ii)    failure by the veterinary treatment institution to meet the conditions for providing treatment for or destruction of an animal so as to prevent unnecessary suffering or harm;

       (iii)   performance of veterinary treatment or surgery by an unlicensed veterinarian;

       (iv)   unlawful alteration of the appearance of an animal or removal of organs or derivatives from an animal;

       (v)    where surgery or an experiment may cause intense pain, failure to use anaesthesia, painless methods or other              methods which avoid pain, suffering, distress or lasting harm;

       (vi)   any other act which violates the responsibility for carrying out humane veterinary treatment.

Article 171 (Penalties for Violations of the Regulations on the Management of Wild Animals)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

       (i)    during opening times of a zoo or wild animal park, the feeding of live prey [to carnivores etc];

       (ii)    for the purposes of enjoyment, gambling etc, the use of wild animals to engage in fighting;

       (iii)   restricting or depriving wild animals of opportunities to perform natural behaviour and habits through the use               of brutal methods such as defanging, declawing etc;

(iv)   failure to use methods and equipment for the capture, hunting or killing of animals which conform to humane standards;

(v)    the use in the manufacture of medicinal liquors [tonic wines], clothing, cosmetics, jewellery, shampoo, fur pelts and other food, medicinal or everyday items of wild animals under special State protection which have not been domesticated or tamed, or their limbs or organs, or the     use without a permit in the manufacture of medicinal liquors [tonic wines], clothing, cosmetics, jewellery, shampoo, fur pelts and other food, medicinal or everyday items of wild animals which have been domesticated or tamed, or their limbs or organs;

       (vi)   unlawful sale by an establishment serving food and beverages of wild animals or their products;

(vii)  unlawful sale or auction by a commercial establishment of wild animals under special State protection or special local protection, or their products;

(viii)  failure by a wild animal breeding establishment to comply with State regulations on breeding records;

       (ix)   any other act which violates the regulations for the humane treatment of wild animals.

Article 172 (Penalties for Violations of the Regulations on the Management of Pet Animals)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

       (i)    unlawful keeping of a dog or cat, or keeping of dogs or cats in numbers exceeding regulations;

       (ii)    unlawful breeding or sale of pet animals;

       (iii)   sale of a pet animal to a minor who does not have full capacity for civil conduct;

(iv)   failure to provide a certificate of health and immunisation for a dog or cat or implant an electronic identity mark [microchip], in accordance with regulations;

(v)    tie-in sale [bundling with other goods] of pet animals and the giving of pet animals as gifts as a means of sales promotion;

(vi)   violation of regulations concerning applications for dog and cat registration, registration, renewal, payment of management fees, alteration or cancellation of registration, identification management, and areas where animals may be exercised outdoors;

       (vii)  unlawful disposal of a dog or cat carcass;

       (viii)  any other act which violates the regulations for the humane treatment of pet animals.

Article 173 (Penalties for Violations of the Regulations on the Management of Laboratory Animals)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

       (i)    engaging in the breeding, transport, trade or use in experiments of laboratory animals without obtaining                      permission;

       (ii)    violation of requirements relating to the replacement of animals in experiments;

(iii)   in the use of animals in experiments, education or surgery, failure to use anaesthesia, painless methods or other methods which avoid pain, suffering, distress or lasting harm      , in accordance with requirements;

       (iv)   violation of regulations prohibiting repetition of animal experiments;

(v)    any other act which violates the regulations for the humane treatment of laboratory animals.

 

Article 174 (Penalties for Violations of the Regulations on the Protection of Animals Used in Performances, Sport and Particular Work)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY100,000:

(i)    use of an animal in any of the following manners whose use in that manner is prohibited: to display as an exhibit, to perform, or engage in sport, competition or other work;

       (ii)    engaging in a performance involving cruelty towards an animal or intentional dissemination of photographic            images showing cruelty towards an animal, which damages social order;

       (iii)   tolerating the frightening or harming of an animal by a visitor or a member of the public;

(iv)   use of a live animal as a target or the permitting of a visitor to use a firearm, a bow and arrow or a club etc to strike, kill, harass or harm an animal;

(v)    feeding in public of a small animal to a carnivore, causing the former fear, terror, harm or death for the purposes of enjoyment or commercial gain;

       (vi)   use of a harmful method to alter an animal’s appearance for the purposes of enjoyment or photography;

(vii)  use of a method involving cruelty towards an animal to produce a photographic image of the animal;

(viii)  failure to set out an emergency contingency plan for the management of animals, in accordance with the law;

       (ix)   failure to carry out a duty of care causing a performing animal, a wild animal or other animal requiring strict          supervision to escape;

       (x)    any other act which violates the regulations for the humane treatment of animals used in performances, sport              and particular work.

Article 175 (Penalties for Violations of the Regulations on the Transport of Animals)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine not exceeding CNY1,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY5,000 but not exceeding CNY50,000:

       (i)    violation of regulations limiting or prohibiting the transport of animals;

       (ii)    violation of regulations relating to the construction, cleaning and safety of animal transport containers;

       (iii)   violation of regulations relating to the loading and unloading of animals;

       (iv)   violation of regulations relating to duration of journeys for animal transport;

       (v)    violation of regulations relating to feeding and watering of animals;

       (vi)   any other act which violates the regulations for the humane treatment of animals during transport.

Article 176 (Penalties for Violations of the Regulations on the Slaughter and Killing of Animals)

Any person violating this Law in respect of any one of the following acts shall be ordered to rectify the violation immediately or within a specified time limit, be issued with a fine of at least CNY2,000 but not exceeding CNY30,000, and be ordered to sign a statement of repentance. A work unit or organisation shall be issued with a fine of at least CNY30,000 but not exceeding CNY200,000:

(i)    violation of regulations relating to designated places of slaughter;

       (ii)    failure to comply with requirements for designated slaughterhouses (slaughter sites);

       (iii)   unlawful slaughter or killing of an animal by an unqualified person;

(iv)   slaughter of an animal whose slaughter is prohibited;

(v)    failure to comply with standards for restraint, stunning, bleeding, flaying, scalding, dehairing or defeathering of animals;

(vi)   during the slaughter process allowing the presence of live animals awaiting slaughter, or during the processes of slaughter and carcass-dressing permitting those persons without capacity for civil conduct or with limited capacity for civil conduct to enter or be present at the site;

       (vii)  any other act which violates the regulations for the humane treatment of animals during slaughter.

Article 177 (Supplementary Regulations to the Foregoing Penalties)

The administrative department responsible may organise the rescue and humane disposal of animals which have suffered abandonment or cruelty. The costs for doing so shall be borne entirely by those persons who have violated the law.

The administrative department responsible, if it deems it necessary, may confiscate animals which have suffered abandonment or cruelty.

In the case of an act in violation of this Law, if an organ authorised to issue administrative penalties deems it necessary, it may revoke a permit obtained by the work unit, individual or organisation which is in violation of the law, or may prohibit that work unit, individual or organisation from engaging in the breeding, sale, purchase, rearing, caring for, veterinary treatment, transport, slaughter or use in experiments of animals in the future.  

The preceding prohibitions may be imposed with or without time limitations. In the cases of acts of deliberate serious, cruelty towards animals, multiple incidences of cruelty towards animals, or abandonment of pet animals, prohibition should be indefinite.

In the case of an act in violation of this Law that disrupts social order and violates the Law of the PRC on Public Security Administration Punishment, the public security organ should impose a punishment of administrative detention.

Article 178 (Rewards for the Reporting of Offences)

Reporting and exposing to the responsible administrative departments acts in violation of this Law shall be rewarded by any organ authorised to issue administrative penalties. The amount of the reward shall be 10-20% of the amount of the fine for the violation in question. Where this amount falls below CNY100 the amount of the reward shall be CNY100.

Article 179 (Civil Liability)

If an animal causes harm to the person or property of a third party, the owner of the animal or person caring for the animal should bear responsibility for compensating any loss or damage incurred.

If an animal disturbs the everyday life of or threatens the person or property of a third party, the owner of the animal or person caring for the animal should bear responsibility for eliminating such threats.

If a person unlawfully harms or kills an animal that person should bear civil responsibility for compensating the animal’s owner for the loss or damage incurred. If a person harms or kills a pet animal that person should pay additional compensation for emotional damages in the amount of 10% of the economic value of the pet animal.

If a person abandons a pet animal, an economic animal, a laboratory animal or other animal, the animal’s owner should bear responsibility for the entire costs of detention and quarantine, sheltering and rescue of the animal. If an owner refuses to accept responsibility to bear such costs, the responsible administrative department or other department designated by the local People’s Government, or non-governmental organisation carrying out detention and quarantine, sheltering and rescue work, may initiate a civil lawsuit in the People’s Court.

If a pet animal, an economic animal, a laboratory animal or other animal escapes, the animal’s owner should bear responsibility for the entire cost of bringing the animal under control.

Article 180 (Administrative Disciplinary Penalties for Violations by State Personnel)

Any person violating this Law in respect of any one of the following acts shall be penalised by a State organ authorised to issue administrative disciplinary penalties, and in case of serious violation should be prosecuted as a criminal offence in accordance with the law:

       (i)    unlawful approval of an application or failure to issue a permit in accordance with the law;

       (ii)    failure to comply with the law on providing animal protection information;

       (iii)   failure to comply with the law on accepting reports or exposures of offences;

       (iv)   failure to comply with the law on fulfilling responsibility for rescue or forcible seizure of animals;

       (v)    unlawful breeding of pet animals for onward sale;

       (vi)   refusal by a dog or cat detention and quarantine institute, shelter or rescue establishment to accept a dog or             cat, or refusal to issue the dog or cat-keeper with proof of receipt;

       (vii)  failure to comply with the law on fulfilling responsibility for immunisation, or immunising an       animal in a                    manner which causes it unnecessary suffering or harm;

       (viii)  use of a cruel method to kill or destroy an animal;

       (ix)   any other act which should warrant an administrative disciplinary penalty.

Article 181 (Criminal Liability)

In any of the following circumstances prosecution shall be brought as a criminal offence in accordance with the Criminal Law:

(i)    in violation of this Law, deliberate cruelty towards an animal, and disruption of social order, where the circumstances or consequences of the violation are serious;

(ii)    in violation of this Law, removal of organs or derivatives from the body of a live animal, or the sale of animal organs, where the circumstances or consequences of the violation are serious;

(iii)   in violation of this Law, engaging in a performance or activity involving cruelty towards an animal, and disruption of social order, where the circumstances or consequences of the violation are serious;

(iv)   for commercial, entertainment or other purposes, the intentional dissemination of photographic images showing cruelty towards an animal, and disruption of social order, where the circumstances or consequences of the violation are serious;

(v)    in violation of this Law, deliberate abandonment of animals in large numbers, where the circumstances of the violation are serious, or where the serious consequences include a threat to public safety;

(vi)   in violation of this Law, for the purpose of gambling the use of animals to engage in fighting, where the circumstances or consequences of the violation are serious;

(vii)  in violation of this Law, the theft of an animal, where the circumstances or consequences of the violation are serious;

(viii)  in violation of this Law, in the control of an animal epidemic the indiscriminate killing of an animal which has already been immunised, or the use of inhumane methods to kill an animal, where the circumstances or consequences of the violation are serious;

       (ix)   in violation of this Law, the counterfeiting or onward sale of animal identity marks, where the circumstances         or consequences of the violation are serious;

(x)    in violation of this Law, the unlawful sale or auction by a commercial establishment of a wild animal under special State protection or special local protection, or its products, where the circumstances of the violation are serious;

(xi)   any other circumstances which should warrant prosecution as a criminal offence in accordance with the Criminal Law.

 

Chapter 12  Appendix

 

Article 182 (Commencement and Legislative Coordination)

This Law shall come into force on [date]. After enactment of this Law, all other laws passed by the Standing Committee of the National People’s Congress for the protection or management of animals should be coordinated with the provisions of this Law.


On the Submission of an Experts’ Proposal to the Standing Committee of the National People’s Congress to Amend the Criminal Law of the PRC to Protect Animals

 

Standing Committee of the National People’s Congress:

In the last few years China has seen an increasing number of acts of serious cruelty towards animals, such as the high-heels kitten [‘squish’] incident, dog killing, burning of cats etc, and these have led to serious resentment within society, with in some places violent resistance and demonstrations, significantly threatening social stability and the implementation of scientific progress. China Central Television and other major media have also paid very close attention to these incidents. At present, when faced with these acts which seriously damage social order and violate property rights, China’s Criminal Law is either powerless or lacks charges which are appropriate to the acts concerned. In view of this the Animal Protection Law of the PRC (Experts’ Draft Proposal) Project Team hereby makes a submission to the Standing Committee of the National People’s Congress to amend the Criminal Law of the PRC, using the rule of law to promote the development of social morals, in particular to by addition to Chapter Six ‘Offence of Jeopardising Social Management and Order’, Section One ‘Offence of Disrupting Public Order’, the following Articles: ‘Offence of Cruelty Towards Animals’, ‘Offence of Disseminating Photographic Images of Cruelty Towards Animals’, ‘Offence of Abandonment of Animals’. The details of the proposed amendment are:

1: Establishment of an Offence of Cruelty Towards Animals

Article [no.] Any one of the following circumstances shall warrant a term of detention or supervision not exceeding six months, and additionally a fine may be imposed; where the circumstances or consequences of the violation are quite serious, a term of imprisonment of at least six months but not exceeding three years shall be imposed:

       (i)    deliberate cruelty towards an animal, and disruption of social order, where the circumstances or                         consequences of the violation are serious;

       (ii)    engaging in a performance or activity involving cruelty towards an animal, and disruption of      social order,                  where the circumstances or consequences of the violation are serious;

       (iii)   indiscriminate killing of an animal which has already been immunised, or the use of inhumane methods to kill          an animal, where the circumstances or consequences of the violation are serious;

       (iv)   in violation of this Law, for commercial purposes removal of organs or derivatives from the body of a live                animal, or the sale of animal organs, where the circumstances or consequences of the violation are serious.

In this Article ‘cruelty’ means using brutal means or methods to cause unnecessary pain or harm to an animal, or using brutal means or methods to kill an animal.

2: Establishment of an Offence of Disseminating Photographic Images of Cruelty Towards Animals

Article [no.] For commercial, entertainment or other purposes, the malicious dissemination of photographic images showing cruelty towards an animal, and disruption of social order, where the circumstances or consequences of the violation are serious, shall warrant a term of detention or supervision not exceeding six months, and additionally a fine may be imposed; where the circumstances or consequences of the violation are quite serious, a term of imprisonment of at least six months but not exceeding three years shall be imposed.

3: Establishment of an Offence of Abandonment of Animals

Article [no.] In violation of the regulations on the duty of care, deliberate abandonment of domestic animals, laboratory animals or other animals, in large numbers, where the circumstances of the violation are serious, or where the serious consequences include disruption of social order or threat to public safety, shall warrant a term of detention or supervision not exceeding six months, and additionally a fine may be imposed; where the circumstances or consequences of the violation are quite serious, a term of imprisonment of at least six months but not exceeding three years shall be imposed.

 

Following the principle of ‘helping rather than hindering’, we have assembled a team of Chinese and international experts with research experience in animal protection law, and have systematically examined in depth the problems of constructing animal protection criminal legislation around the world. We have integrated this research with the current situation in China in preparing the foregoing proposal to the Standing Committee of the National People’s Congress of the PRC, which we submit for your consideration.

 

Respectfully

 

Animal Protection Law of the PRC (Experts’ Draft Proposal) Project Team

 [Signed] Chang Jiwen (Expert Drafting Project Team Leader)

18 September 2009

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博主介绍

常纪文,环境资源法学博士,新中国首位环境资源法学博士后,首届首都十大杰出青年法学家,曾任中国社科院法学所社会法研究室主任、北京市安全生产监督管理局副局长(2010.7-2014.1),现任国务院发展研究中心资源与环境政策研究所副所长、研究员,中国社会科学院研究生院法学系教授,中国地质大学(北京)等大学兼职教授,中国环境科学学会环境法分会副会长,北京市环境资源法学研究会、北京市公益法学研究会和北京市立法学研究会副会长,北京市政协委员。 
      在生态建设、污染防治、动物保护、气候变化、依法治国等法学领域,先后出版《环境法前沿问题》、《动物福利法》、《国际环境法学》等著作10余部,在《法学研究》、《环球法律评论》、《人民日报》等学术刊物上发表论文180余篇。 
      曾赴德国马普研究所、日本早稻田大学与一桥大学、美国哥伦比亚大学与天普大学、泰国最高行政法院等单位访问、交流。曾任第24届“世界法哲学与社会哲学大会”环境法分论坛的主席。 
      曾参与《物权法》、《大气污染防治法》、《水污染防治法》等资源与环境立法工作30余项,参加《中国的法治建设》白皮书的起草工作。 
联系方式:changjwe@aliyun.com         (010)65231513

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