Procedures of Shanghai Municipality on the Supervision and Administration of the Quality and Safety of Hog Products
2018-06-04 1093
Procedures of Shanghai Municipality on the Supervision and Administration of the Quality and Safety of Hog Products
- Document Number:Order No. 66 of the Shanghai Municipal People’s Government
- Area of Law: Agriculture Animal Husbandry Fisheries Forestry
- Level of Authority: Local Government Rules
- Date issued:05-26-2011
- Status: Effective
- Issuing Authority: Shanghai Municipality
Procedures of Shanghai
Municipality on the Supervision and Administration of the Quality and Safety of
Hog Products
(Promulgated by Decree No. 78 of Shanghai Municipal People's Government on
December 6, 2007; revised and re-promulgated according to the Decision of
Shanghai Municipal People's Government on Revising the Procedures of Shanghai
Municipality on the Supervision and Administration of the Quality and Safety of
Hog Products promulgated by Decree No. 66 of Shanghai Municipal People's
Government on May 26, 2011)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the supervision and administration of the quality
and safety of hog products and safeguarding the health and life safety of the
masses of the people, these Procedures are formulated in accordance with the Law of the People's Republic of China on Agricultural
Product Quality and Safety, the Animal Epidemic
Prevention Law of the People's Republic of China, the Food Hygiene Law of the People's Republic of China,
and other relevant laws and regulations, and in the light of the actual
circumstances of this Municipality.
Article 2 (Application Scope)
These Procedures apply to the purchase and slaughter of hogs and the purchase
and sale of hog products as well as the supervision and administration
activities thereof within the administrative area of this Municipality.
Article 3 (Functions and Duties of Municipal Supervision and Administration
Departments)
The Municipal Food and Drug Supervision Administration, the Municipal
Agricultural Commission, the Municipal Commission of Commerce, the Municipal
Administration of Industry and Commerce and the Municipal Bureau of Quality and
Technical Supervision shall, according to their respective functions and duties
as provided by laws and regulations and the relevant decisions made by the
Municipal People's Government, be responsible for the supervision and
administration of the quality and safety of hog products in this Municipality..
Article 4 (Functions and Duties of District/County People's Government)
The district/county people's government shall take the overall responsibility
for the supervision and administration of the quality and safety of hog
products in its administrative area, set up and perfect the organization and
coordination mechanism for the supervision and administration work thereof,
coordinate and supervise the district/county departments of food and drug,
agriculture, commerce, industry and commerce, and quality and technical
supervision in performing their supervision and administration functions and
duties, and be responsible for the organization work concerning the emergency
handling of contingencies involving the quality and safety of hog products.
Article 5 (Principle of Supervision and Administration)
This Municipality shall follow the principle of "control at the source,
supervision throughout the whole process, prevention first, and follow-up
tracing to the source" in supervising and administrating the quality and
safety of hog products.
Article 6 (Temporary Restrictive Measures)
Where a contingency involving the quality and safety of hog products occurs,
the relevant supervision and administration departments may, upon the approval
of the Municipal People's Government, take temporary restrictive measures
against the purchase and transportation of hogs and hog products.
Article 7 (Trade Associations)
Relevant trade associations in this Municipality shall strengthen their trade
self-discipline, supervise their members in their production and operation
activities, and direct their members to institute and perfect the
administration rules governing the quality and safety of hog products and to
perfect the control system for the quality and safety of hog products.
Chapter II Purchase and Slaughter of Hogs
Article 8 (Industrial and Commercial Registration of Operators in Hogs)
Operators in purchase of hogs (hereinafter referred to as "operator in
hogs") shall go through the industrial and commercial registration
formalities according to law.
Article 9 (Setting-up of Hog Slaughterhouses)
The establishment of a hog slaughterhouse shall comply with the setup planning
and go through the formalities for licenses relating to the fixed-spot
slaughter, animal epidemic prevention, environmental protection, and for
industrial and commercial registration.
A hog slaughterhouse may not be let out or lent or have its related licenses
transferred in other forms.
Article 10 (Hog Purchasing Sources)
This Municipality shall pursue the system of linking hog raising and selling.
An operator in hogs shall purchase hogs from standardized large-scale hog
farms; the operator in hogs, making purchase from other hog farms, shall
conform to the requirements on quality and safety.
The Municipal Agricultural Commission shall set the list of standardized
large-scale hog farms in this Municipality. The Municipal Agricultural
Commission shall determine the list of standardized large-scale hog farms in
other provinces and cities by way of reaching agreements with the relevant
departments therein or by way of bidding or by other modes.
Article 11 (Quality and Safety Requirements for Hogs Purchased)
An operator in hogs shall purchase hogs that have quarantine certificates and livestock
and poultry identifications and have passed the test of illicit chemicals.
Article 12 (Hog Purchase Contracts)
An operator in hogs, when making hog purchase, shall sign a hog purchase
contract. The contract shall include the contents relating to the quality and
safety of hogs.
The Municipal Commission of Commerce shall, jointly with the Municipal
Administration of Industry and Commerce, the Municipal Agricultural Commission,
and the Municipal Food and Drug Supervision Administration, formulate a model
hog purchase contract.
Article 13 (Requirements for Hog Transportation)
A hog carrier shall check the quarantine certificate and livestock and poultry
identification of hogs and may conduct transportation thereof only after check.
The vehicle carrying hogs shall meet the State's requirements for sanitation
and epidemic prevention, and shall be cleaned and disinfected in a timely
manner before loading and after unloading.
Article 14 (Inspection of Hogs at the Road Checkpoint)
The hogs transported from the outside of Shanghai shall be inspected at the
designated road checkpoint.
Supervisors of animal hygiene at the designated road checkpoint shall inspect
quarantine certificates and livestock and poultry identifications of hogs, and
shall record information about purchase and transportation.
Supervisors of animal hygiene at the designated road checkpoint shall place an
inspection stamp and mark out the passage time on the hog quarantine
certificate that is in compliance with requirements; as for hogs from other
than the standardized large-scale hog farms, the quarantine certificate shall
be marked with a sign in addition, and the source, quantity and delivery
destination of hogs shall be reported to the Municipal Food and Drug
Supervision Administration without delay.
Article 15 (Slaughter Check-up)
A hog slaughterhouse shall, before the slaughter of hogs, check the quarantine
certificate, livestock and poultry identification, and certificate of testing
illicit chemicals; for the slaughter of hogs from the outside of Shanghai, the
inspection stamp at the road checkpoint shall be checked. The check-up
information shall be well recorded and maintained for two years at least.
Where no certificate, identification or stamp set out in the preceding clause
is presented, or a hog is found, in the check-up process, dead or attacked by a
deadly infectious disease or a serious parasitic disease or an infectious
disease that both human being and animal can suffer from, the hog
slaughterhouse may not slaughter or transfer such a hog, and shall promptly
report to the local district/county animal hygiene supervision agency and make
disposal under the supervision of the agency according to law.
Article 16 (Test before Slaughter)
A hog slaughterhouse shall, before the slaughter of hogs, conduct tests of
illicit chemicals, make a record and maintain it for two years at least.
The hog slaughterhouse may not slaughter or transfer hogs that fail the test,
and shall promptly report to the local district/county food and drug
supervision department, and carry out decontamination disposal under the
supervision thereof; if decontamination disposal is impossible, destruction
shall be done.
The Municipal Food and Drug Supervision Administration shall, according to
relevant standards set by the State and this Municipality, determine the item,
method and quantity for the illicit chemical test of hogs.
Article 17 (Slaughter Quarantine)
The animal hygiene supervision agency shall appoint quarantine officers to
conduct slaughter quarantine at hog slaughterhouses.
The animal hygiene supervision agency shall issue a quarantine certificate and
affix or seal up a quarantine mark to hog products that pass quarantine
inspection.
Article 18 (Quality Inspection)
A hog slaughterhouse shall have meat quality inspectors and equipment, and,
according to relevant state provisions, inspect the quality of hog products.
For hog products that pass the inspection, the hog slaughterhouse shall issue
an inspection certificate of meat quality; hog products that fail to pass the
inspection shall be disposed of according to relevant state provisions under
supervision of the meat quality inspectors.
Article 19 (Pre-packaging)
The viscera of hogs such as livers, kidneys, lungs and fine minced meat shall
be pre-packaged in slaughterhouses before delivery.
Pre-packaging of hog products made by hog slaughterhouses shall meet relevant
state standards.
Article 20 (Slaughter Record and Information Report)
A hog slaughterhouse shall set up a traceable slaughter record and maintain it
for two years at least.
A hog slaughterhouse shall, at regular intervals, report to the local
district/county food and drug administration department such information as the
source and quantity of slaughtered hogs and the sale of hog products.
Chapter III Operation of Hog Products
Article 21 (Licensing and Industrial and Commercial Registration for Operators
in Hog Products)
An operator engaging in the wholesaling or retailing of hog products
(hereinafter referred to as "operator in hog products") shall go
through the formalities for food distribution license and for industrial and
commercial registration according to law.
Article 22 (Purchase Source of Hog Products)
An operator in hog products shall purchase hog products from hog
slaughterhouses or wholesale markets for hog products established in this
Municipality according to law.
Where a wholesale market for hog products or a large-scale chain supermarket
enterprise institutes a traceable system for hog products according to relevant
provisions of this Municipality, the operator inside such a market or the
enterprise may purchase hog products from other provinces or cities.
This Municipality shall practice the system of linking production and sale of
hog products from other provinces or cities. Hog products purchased from other
provinces or cities by units that meet the conditions set out in the preceding
clause shall come from standardized large-scale hog slaughterhouses; hog
products purchased from other hog slaughterhouses out of Shanghai shall conform
to the requirements on quality and safety.
The Municipal Commission of Commerce shall determine the list of standardized
large-scale hog slaughterhouses in other provinces and cities by way of
reaching agreements with the relevant departments therein or by way of bidding
or by other modes.
Article 23 (Quality and Safety Requirements for Hog Products Purchased)
An operator in hog products shall purchase hog products that have the
quarantine certificate, quarantine mark, and inspection certificate for meat
quality, and pass the test of illicit chemicals.
Hog products purchased from other provinces or cities shall be in large hunks
or cut apart for pre-packaging according to relevant state standards.
Article 24 (Purchase Contracts for Hog Products)
An operator in hog products, when making purchase of hog products out of
Shanghai, shall sign a contract for purchase of hog products. The contract
shall include the contents relating to the quality and safety of hog products.
The Municipal Commission of Commerce shall, jointly with the Municipal
Administration of Industry and Commerce, formulate a model purchase contract
for hog products.
Article 25 (Requirements for Transportation of Hog Products)
A carrier of hog products shall check the quarantine certificate, quarantine
mark, and inspection certificate for meat quality of hog products, and make
transportation thereof only after verification.
The vehicle carrying hog products shall meet the State's requirements for sanitation
and epidemic prevention, and shall be cleaned and disinfected in a timely
manner before loading and after unloading.
Article 26 (Inspection of Hog Products at the Road Checkpoint)
Hog products transported from the outside into this Municipality shall be
inspected at the designated road checkpoint.
Supervisors of animal hygiene at the designated road checkpoint shall check
quarantine certificates, quarantine marks and inspection certificates for meat
quality of hog products, and shall record information about purchase and
transportation.
Supervisors of animal hygiene at the designated road checkpoint shall place an
inspection stamp and mark out the passage time on the hog quarantine
certificate that is in compliance with requirements; as for hog products from
other than the standardized large-scale hog farms, the quarantine certificate
shall be marked with a sign in addition, and the source, quantity and delivery
destination of hog products shall be reported to the Municipal Administration
of Industry and Commerce without delay.
Article 27 (Check-up upon Entry)
A business administrator of a wholesale market for hog products shall check
quarantine certificates, quarantine marks and inspection certificates for meat
quality of hog products that are traded in the market; for out-of-town hog
products, the inspection stamp affixed at the road checkpoint shall be checked
in addition.
A business administrator of a market for farm produce shall check quarantine
certificates, quarantine marks, inspection certificates for meat quality and
purchasing vouchers of hog products that are traded in the market.
Business administrators of the wholesale market for hog products and of the
market for farm produce shall make a good check-up record and maintain it for
two years at least.
No hog products found without the certificate, mark or stamp set out in Clause
1 and Clause 2 of this Article shall be sold, transferred or used for
production processing; business administrators of the wholesale market for hog
products or of the market for farm produce shall promptly report to the local
industry and commerce department, and dispose of such hog products according to
law under the supervision thereof.
Article 28 (Tests of Illicit Chemicals)
A wholesale market for hog products shall set up a qualified testing agency for
meat quality and safety to conduct tests of illicit chemicals in hog products
that are traded in the market.
A large-scale chain supermarket enterprise shall set up or entrust a qualified
testing agency for meat quality and safety to conduct tests of illicit
chemicals in hog products the enterprise purchased.
Business administrators of the wholesale market for hog products and
large-scale chain supermarket enterprises shall make a good testing record and
maintain it for two years at least.
No hog products that fail to pass the tests shall be sold, transferred or used
for production processing; business administrators of the wholesale market for
hog products or the large-scale chain supermarket enterprises shall promptly
report to the local industry and commerce department and carry out
decontamination disposal under the supervision thereof; if decontamination
disposal is impossible, destruction shall be done.
The Municipal Food and Drug Supervision Administration shall, according to
relevant standards set by the State and this Municipality, determine the item,
method and quantity of testing illicit chemicals in hog products.
Article 29 (Stock Check and Purchase-Sale Record-keeping Account)
An operator in hog products shall institute a system of checking and accepting
stock and a system of opening a purchase-sale record-keeping account, and
maintain the record-keeping account, purchasing vouchers, quarantine
certificates and inspection certificates for meat quality for two years at
least.
Article 30 (Norm of Sales Behaviors)
An operator in hog products shall hang its business license and food
distribution license on a conspicuous place at its business premises and make
public such information as the origin and slaughterhouse of hogs.
The operator in hog products, when selling hog products, shall issue purchasing
vouchers to buyers according to relevant state provisions or business practice.
The purchasing vouchers shall contain such information as the operator's name
and address.
The operator in the wholesale market for hog products that sell hog products in
large hunks or cut-off hog products by wholesale shall provide buyers with the
quarantine certificate for hog products.
Article 31 (Prohibited Sale)
A ban is put on sale of hog products that:
1. fail to undergo or to pass the quarantine inspection;
2. fail to undergo or to pass the meat quality inspection or test of illicit
chemicals;
3. fail to undergo inspection at the designated road checkpoint as provided;
4. fail to be pre-packaged as provided; or
5. are diseased or have gone bad or have water injection or fail to meet other
quality and safety requirements.
Article 32 (Disposal of Inedible Hog Products)
Business administrators of the wholesale market for hog products and of the
market for farm produce and the large-scale chain supermarket enterprises shall
specially assign persons to collect, in a uniform manner, inedible hog products
every day, put them in special-purpose containers marked with color, and then
make disposal according to relevant state provisions.
Article 33 (Reporting Relevant Information about Hog Products)
Business administrators of the wholesale market for hog products and the
large-scale chain supermarket enterprises shall, at regular intervals, report
information about test and sales of hog products to the local industry and
commerce department.
Chapter IV Enterprises' Responsibilities and Supervision and Inspection
Article 34 (Responsibilities of Operators in Hogs and Hog Products)
Operators in hogs or hog products shall ensure that hogs or hog products they
purchase and sell have legal sources and relevant certificates,
identifications, marks and stamps specified in these Procedures, and they shall
be responsible for the quality and safety of hogs or hog products they purchase
and sell.
Article 35 (Responsibilities of Hog Slaughterhouses)
A hog slaughterhouse shall ensure that the hogs it slaughters pass the
quarantine and test of illicit chemicals and that the inspection certificates
for meat quality it issues are authentic, and shall be responsible for the
quality and safety of hog products that leave the slaughterhouse.
Article 36 (Responsibilities of Testing Agency for Meat Quality and Safety)
A testing agency for meat quality and safety shall ensure that the item, method
and quantity of testing illicit chemicals in hog products are in conformity
with relevant provisions set by the State and this Municipality, and shall be
responsible for the truthfulness and accuracy of the testing results.
Article 37 (Responsibilities of Market Administrators)
The business administrator of a wholesale market for hog products or of a
market for farm produce shall ensure that hog products that are traded in the
market have relevant certificates, marks and stamps specified in these
Procedures, and shall be responsible for the quality and safety of hog products
therein.
Where hog products sold in the wholesale market for hog products or the market
for farm produce do not conform to the quality and safety requirements and
cause damages to a consumer, the consumer may claim compensation from the
market administrator on the strength of the purchase voucher; the market
administrator shall make compensation first according to law.
Article 38 (Quality and Safety Liability Insurance)
This Municipality shall practice the quality and safety liability insurance for
hog products.
Where a hog slaughterhouse, an operator in hog products or a business
administrator of a wholesale market for hog products or of a market for farm
produce takes out the quality and safety liability insurance for hog products,
the insurance company shall compensate for damages caused by the quality and
safety accident of hog products within the liability insurance coverage, except
for damages caused by illegal production processing, purchase, transportation
or sale.
Article 39 (Complaint Handling)
A buyer of hog products that finds any quality and safety problem in hog
products shall have the right to complain to the operator in hog products or
the business administrator of the wholesale market for hog products or of the
market for farm produce.
The operator in hog products or the business administrator of the wholesale
market for hog products or of the market for farm produce shall make timely
investigation and treatment of the complaint about the quality and safety of
hog products and give a reply. A record of the complaint and treatment thereof
shall be made and maintained for at least two years.
Article 40 (Offence-reporting)
The supervision and administration departments of food and drug, animal
hygiene, commerce, and industry and commerce shall institute an
offence-reporting system and make public the offence-reporting telephone
numbers, and mail and email addresses to accept reports on offences regarding
the quality and safety of hog products; once the report is verified, the
reporter shall be rewarded.
Article 41 (Supervision and Inspection)
The Municipal Agricultural Commission shall, jointly with the district/county
people's government, organize and coordinate relevant departments to
investigate and punish the illegal acts of failing to transport hogs or hog
products into this Municipality through the designated road checkpoint.
The supervision and administration departments of food and drug, animal
hygiene, and industry and commerce shall, according to their respective
functions and duties, supervise and inspect the quality and safety of hog
products in this Municipality, and keep the records of supervision and
inspection on hog slaughterhouses, operators in hogs and hog products, and
business administrators of wholesale markets for hog products and of markets
for farm produce as well as records of their illegal acts.
The supervision and administration departments of food and drug, animal
hygiene, and industry and commerce shall, according to their respective
functions and duties, take key-point measures to monitor the units with records
of illegal acts.
Article 42 (Handling Measures)
Upon finding that hogs or hog products do not conform to the quality and safety
requirements through quick testing techniques, the supervision and
administration departments of food and drug, animal hygiene, and industry and
commerce may suspend the trading of the hogs or hog products in the same batch
in the whole Municipality; upon confirming that the hogs or hog products fall
short of the quality and safety requirements after re-check according to the
testing methods accredited by the state department concerned, the above-mentioned
supervision and administration departments have the right to seal up or impound
such hogs or hog products according to law.
Where a unit listed in the list of the standardized large-scale hog farms or
hog slaughterhouses has two or more than two occurrences of quality and safety
problems or has a major accident caused by a quality and safety problem, the
relevant department shall remove the unit's name from the list.
Upon finding during supervision and inspection that hog products are likely to
cause harm to human health and life safety, the supervision and administration
departments of food and drug, animal hygiene, and industry and commerce shall,
according to their respective functions and duties, release relevant
information to the public, notify consumers to stop eating such hog products,
and order the hog slaughterhouse and the operator in hog products concerned to
promptly stop the sale and recall the hog products sold out.
The Municipal Food and Drug Supervision Administration shall formulate and make
public the specific conditions and procedure governing the recall of hog
products.
Article 43 (Open Information)
The supervision and administration departments of food and drug, animal
hygiene, and industry and commerce shall provide service for the public to get
access to supervision and inspection records and make public records of illegal
acts through relevant news media.
The Municipal Food and Drug Supervision Administration shall, jointly with
relevant departments including the Municipal Agricultural Commission, the
Municipal Administration of Industry and Commerce, and the Municipal Commission
of Commerce, appraise at regular intervals the quality and safety status of hog
products in this Municipality, and release the information such as appraisal
results, consumption tips, early warning of safety, and relevant food safety
knowledge.
Chapter V Legal Liability
Article 44 (Punishment for Violations of Provisions Governing Purchase of Hogs
and Hog Products)
Where an operator in hogs purchases hogs that fail to pass the test of illicit
chemicals, the municipal or district/county food and drug supervision
department shall issue an order for correction and impose a fine of not less
than 2,000 yuan but not more than 20,000 yuan.
Where an operator in hog products purchases hog products from other provinces
or cities out of compliance with conditions set out in these Procedures, the
municipal or district/county industry and commerce department shall issue an
order for correction and impose a fine of not less than 5,000 yuan but not more
than 50,000 yuan.
Article 45 (Punishment for Violations of Provisions Governing Hog Slaughter)
If a hog slaughterhouse commits any one of the following acts, the municipal or
district/county food and drug supervision department shall issue an order for
correction and impose a fine of not less than 20,000 yuan but not more than
100,000 yuan:
1. failing to conduct the test of illicit chemicals in hogs as provided;
2. slaughtering or transferring hogs that fail to pass the tests of illicit
chemicals; or
3. failing to issue inspection certificates for meat quality as provided.
If a hog slaughterhouse commits any one of the following acts, the municipal or
district/county food and drug administration shall issue an order for
correction and impose a fine of not less than 2,000 yuan but not more than
20,000 yuan:
1. failing to pre-package viscera of hogs such as livers, kidneys and lungs or
fine minced meat as provided;
2. failing to conduct the check-up before slaughter as provided;
3. failing to keep the check-up record, testing record or slaughter record as
provided; or
4. failing to report relevant information about the check-up, testing or
slaughter of hogs as provided.
Article 46 (Punishment for Violations of Provisions Governing Check-up of Hog
Products)
Where the business administrator of a wholesale market for hog products or of a
market for farm produce fails to conduct the check-up as provided and allows
hog products without corresponding certificates, marks or stamps to be traded
in the market, the municipal or district/county industry and commerce
department shall issue an order for correction and impose a fine of not less
than 5,000 yuan but not more than 50,000 yuan.
Where the business administrator of a wholesale market for hog products or of a
market for farm produce fails to keep the check-up record or to report relevant
check-up information about hog products as provided, the municipal or
district/county industry and commerce department shall issue an order for
correction and impose a fine of not less than 2,000 yuan but not more than
20,000 yuan.
Article 47 (Punishment for Violations of Provisions Governing Testing of Hog
Products)
Where the business administrator of a wholesale market for hog products or a
large-scale chain supermarket enterprise fails to conduct the test of illicit
chemicals in hog products as provided, the municipal or district/county
industry and commerce department shall issue an order for correction and impose
a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Where the business administrator of a wholesale market for hog products or a
large-scale chain supermarket enterprise fails to keep the testing record or to
report relevant information such as the testing and sales of hog products as
provided, the municipal or district/county industry and commerce department
shall issue an order for correction and impose a fine of not less than 2,000
yuan but not more than 20,000 yuan.
Article 48 (Punishment for Violations of Provisions Governing Sale of Hog
Products)
Where an operator in hog products sells hog products that fail to undergo or to
pass the test of illicit chemicals, the municipal or district/county industry
and commerce department shall issue an order for correction and impose a fine
of not less than 10,000 yuan but not more than 100,000 yuan. For the hog
products that fail to pass the test, the municipal or district/county industry
and commerce department shall supervise the operator in hog products to conduct
the harmless disposal; those that can not be disposed harmlessly shall be
destroyed.
Where an operator in hog products fails to keep such documents as purchasing
vouchers, quarantine certificates or inspection certificates for meat quality or
fails to make public such information as the origin and the slaughterhouse of
hogs at the business premises as provided, the municipal or district/county
industry and commerce department shall issue an order for correction and impose
a fine of not less than 1,000 yuan but not more than 5,000 yuan.
Where an operator in hog products sells hog products that are not pre-packaged
as provided, the municipal or district/county industry and commerce department
shall issue an order for correction within the prescribed time; and shall
impose a fine of not more than 2,000 yuan for failure to make correction at the
expiration of the prescribed time.
Article 49 (Punishment for Violations of Provisions Governing Disposal of
Inedible Hog Products)
Where the business administrator of a wholesale market for hog products or of a
market for farm produce or a large-scale chain supermarket enterprise fails to
collect or to deposit inedible hog products as provided or fails to mark them
with color, the municipal or district/county industry and commerce department
shall issue an order for correction and impose a fine of not less than 2,000
yuan but not more than 20,000 yuan.
Article 50 (Punishment for Violations of Provisions on Handling Complaints)
Where an operator in hog products or the business administrator of a wholesale
market for hog products or of a market for farm produce fails to give a timely
reply to complaints about the quality and safety of hog products or fails to
keep record of the complaints and the handling thereof as provided, the
municipal or district/county industry and commerce department shall issue an
order for correction; and shall impose a fine of not less than 2,000 yuan but
not more than 20,000 yuan if the case is serious.
Article 51 (Punishment for Illegal Slaughter Acts)
The random slaughter of hogs at an undesignated spot shall be banned and
punished by the municipal or district/county commerce department according to
law.
The random slaughter of hogs for the purpose of making profit without other
required permits as provided by law shall be banned and punished by relevant
supervision department according to laws, regulations, and relevant decisions
of the Municipal People's Government.
The random slaughter of hogs for the purpose of making profit without a
business license legally obtained or the offering of a site, conveyance,
storage, warehouse or other conditions for the slaughter of hogs within the
knowledge, or the duty-bound knowledge, of the unlicensed business behavior,
shall be banned and punished by the municipal or district/county industry and
commerce department according to law.
Article 52 (Punishment by Ordering for Suspension of Production or Business and
Revoking Licenses)
Where a hog slaughterhouse, an operator in hogs or hog products, or the
business administrator of a wholesale market for hog products or of a market
for farm produce violates provisions of these Procedures, having record of
several illegal acts or causing serious consequences, the municipal or
district/county departments of food and drug supervision, agriculture, and
industry and commerce shall, according to their respective functions and
duties, issue an order for suspension of production or business, or for
suspension or revocation of the permit or business license according to law.
Chapter VI Supplementary Provisions
Article 53 (Definitions of Relevant Terms)
The hog purchase means the business activity of purchasing hogs for the purpose
of slaughter.
The illicit chemicals mean clenbuterol hydrochloride (a drug stimulant to
increase the proportion of lean pork to fat) and its substitutes as well as
other kinds of drugs prohibited by relevant state departments from being added
into fodder and water drunk by animals.
The inedible hog products mean thyroids, adrenal and pathological lymph nodes
of hogs, bad or moldy pork and other poisonous or harmful meat products.
Article 54 (Other Application of Provisions on Out-of-town Purchase of Hog
Products)
Meat product production processing enterprises, collective mess units and
catering service providers in this Municipality, when purchasing hog products
out of Shanghai, shall comply with relevant provisions of these Procedures
governing large-scale chain supermarket enterprises purchasing hog products out
of Shanghai.
Article 55 (Reference Application)
The supervision and administration of the quality and safety of beef, mutton
and other livestock products shall be carried out by reference to these
Procedures.
Where there are provisions otherwise provided by the State and this
Municipality on the supervision and administration of the quality and safety of
Muslim beef and mutton and other livestock products, such provisions shall
prevail.
Article 56 (Effective Date and Matter Concerning Repeal)
These Procedures shall be effective as of March 1, 2008. The Provisions of Shanghai Municipality on the
Administration of the Slaughter of Domestic Animals promulgated by
Decree No. 46 of Shanghai Municipal People's Government on August 7, 1997 shall
be repealed simultaneously.