Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.11.23

Effective Date:  2018.11.23

Validity Status:  valid

Measures for the Supervision and Administration of the Inspection and Quarantine of Imported and Exported Fodder and Fodder Additives (Revised in November 2018)

Measures for the Supervision and Administration of the Inspection and Quarantine of Imported and Exported Fodder and Fodder Additives (Revised in November 2018)

Chapter I General Provisions

Article 1    These Measures are formulated in accordance with the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine and its implementing regulations, the Law of the People's Republic of China on Imported and Exported Commodity Inspection and its implementing regulations, the Special Provisions of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products and other relevant laws and regulations for the purpose of regulating the supervision and administration of the inspection and quarantine of imported and exported fodder and fodder additives, improving the safety of imported and exported fodder and fodder additives, and protecting animal health and human health.

Article 2    These Measures apply to the inspection and quarantine of the imported, exported and transit fodder and fodder additives (hereinafter referred to as the fodder) and the supervision and administration thereof.

The animals, plants and their products used for fodder shall be administered in accordance with the provisions of these Measures.

Medical fodder additives are not subject to these Measures.

Article 3    The General Administration of Customs (hereinafter referred to as the GAC) is responsible for the unified administration of the inspection and quarantine of imported and exported fodder throughout the country and the supervision and administration thereof.

Any competent Customs house set up by the GAC (hereinafter referred to as the Customs) shall be in charge of the inspection and quarantine of imported and exported fodder as well as the supervision and administration thereof within its jurisdiction.

Chapter II Risk Management

Article 4    The GAC shall implement the risk management over the imported and exported fodder, including taking measures such as product risk rating, enterprise classification, review of the regulation system, risk monitoring and risk warning on the basis of risk analysis.

Article 5    The Customs shall adopt different regulatory modes for inspection and quarantine and make dynamic adjustments according to the product risk levels of the imported and exported fodder.

Article 6    The Customs shall, according to the risk levels of the products, the degree of integrity, the safety and health control ability and the effectiveness of the regulation systems of the enterprises, implement classified management for enterprises, adopt different regulatory mode for inspection and quarantine and make dynamic adjustments to the registered overseas enterprises engaged in fodder production, processing and storage (hereinafter referred to as the overseas manufacturers) and domestic enterprises engaged in fodder  production, processing and storage for export (hereinafter referred to as the export manufacturers).

Article 7    The GAC shall formulate the inspection and quarantine requirements for imported fodder respectively according to the varieties of fodder products. The risk analysis shall be conducted in the country or region where any fodder is exported to China for the first time; and the retrospective examination shall be conducted in the country or region where any fodder  has been or is exported to China, with the focus of examination on the fodder safety regulation system. According to the results of risk analysis or retrospective examination, the list of countries or regions where fodder is permitted to be imported and fodder product varieties shall be formulated, adjusted and published.

Article 8    The GAC shall implement the risk monitoring over the imported and exported fodder, formulate the annual risk monitoring plan for imported and exported fodder and prepare the annual risk monitoring report. Customs house directly under the GAC shall develop detailed plans for implementation in combination with actual local conditions.

Article 9    The GAC shall, according to the safety situation of imported and exported fodder, the problems found in inspection and quarantine, the problems reported by relevant domestic and foreign organizations and institutions, as well as the fodder  safety problems occurring in domestic and foreign markets, timely release risk warning information based on risk analysis.

Chapter III Import Inspection and Quarantine

Section 1 Registration

Article 10    The GAC shall adopt the registration system for the manufacturers in the countries or regions where fodder is permitted to import, and the imported fodder shall be produced by the registered overseas manufacturers.

Article 11    The overseas manufacturers shall comply with the relevant requirements of the laws, regulations and standards of the exporting countries or regions and meet the equivalent requirements of the relevant Chinese laws, regulations and standards, and shall be recommended to the GAC by the competent authorities of the exporting countries or regions after passing the examinations. The recommendation materials shall include:

(I) enterprise information: enterprise name, address, and official approval number;

(II) information on registered products: names, main raw materials and purposes of the registered products; and

(III) official certificate: certificate to prove that the it has been approved by the competent authority that the products of recommended enterprises are permitted to be sold freely in the exporting country or region.

Article 12    The GAC shall examine the recommendation materials.

In case of failure to pass the examination, the export countries or regions shall be notified to make supplements or corrections.

Where the materials are found to be qualified upon examination, the GAC shall, upon consultation with the competent authorities of exporting countries or regions, send experts to the exporting countries or regions to examine their fodder safety regulation systems, and conduct random inspection of the enterprises applying for registration. Enterprises which do not satisfy the requirements of the random inspection shall not be registered and the reason shall be notified to the competent authorities in the exporting countries or regions; other recommended enterprises which satisfy the requirements of the random inspection and those that have not been randomly inspected shall be registered and announced on the official website of the GAC.

Article 13    The registration shall be valid for five years.

For overseas manufacturers that need an extension, the competent authorities of exporting countries or regions shall propose an extension to the GAC six months prior to the expiry of the term. When necessary, the GAC may send experts to the exporting countries or regions to make a retrospective examination on their fodder  safety regulation systems, and randomly inspect the overseas manufacturers applying for the extension, and extend the validity period of registration for five years to the overseas manufacturers which meet the requirements in the random inspection and those which are not inspected.

Article 14    Where a registered overseas manufacturer stops production, changes its line of production, closes down or its production license or business license is revoked by the competent authority of the exporting country or region, the GAC shall write off its registration.

Section 2 Inspection and Quarantine

Article 15    Where the import of fodder is required to apply for the license for entry animal and plant quarantine, such license shall be obtained in accordance with the relevant provisions.

Article 16    The consignor or his/her agent shall apply to the Customs for inspection before or at the entry of fodder, by providing the certificate of origin, trade contract, bill of lading and invoices, and, in light of different requirements for the products, providing the inspection and quarantine certificate of the exporting country or region.

Article 17    The Customs shall conduct the inspection and quarantine of imported fodder according to the following requirements:

(I) Chinese laws and regulations, national mandatory standards and the inspection and quarantine requirements of the GAC;

(II) bilateral agreements, protocols and memorandums; and

(III) the requirements as listed in the License for Entry Animal and Plant Quarantine.

Article 18    The Customs shall conduct the on-site inspection of imported fodder in accordance with the following provisions:

(I) checking the goods against the certificate: checking whether the documents are in consistency with the name, quantity (weight), packaging, date of production, serial number of the containers, the exporting country or region, the name of the manufacturer, the registration number, etc. of the goods;

(II) label checking: whether the label complies with the national standards for fodder labels; and

(III) sensory inspection: whether the packages and containers are intact or not, whether the goods have exceeded their shelf life, whether they have gone rotten or bad, whether they have carried pests, whether there is soil, animal carcasses, animal excrement or any other substance prohibited from entering the country.

Article 19    If an on-site inspection is under any of the following circumstances, the Customs shall issue a Notice on Inspection and Quarantine Treatment, and the consignor thereof or his/her agent shall return or destroy the goods under the supervision of the Customs:

(I) where the exporting country or region is not included in the list of countries or regions where fodder is permitted to import;

(II) where the products are from unregistered overseas manufacturers;

(III) where the products are non-registered products sourced from a registered overseas manufacturer;

(IV) where the goods are inconsistent with the certificates;

(V) where the labels fail to meet the standards and cannot be corrected;

(VI) where the goods have exceeded their shelf life or the goods have been rotten and deteriorated; or

(VII) where soil, animal carcasses, excrement of animals, or quarantine pests are found, and no effective quarantine treatment can be carried out.

Article 20    If the packages are found to have come loose or the containers are found to be broken at the on-site inspection, the consignor or his/her agent shall be responsible for putting them in good order. If the packages are damaged and there is a risk of spreading animal or plant epidemic diseases, the contaminated places, articles and utensils shall be subject to quarantine treatment.

Article 21    The Customs shall, according to the corresponding inspection and quarantine regulatory mode, draw samples from the products of different kinds of overseas manufacturers, issue a Voucher of Sampling, and deliver them to the laboratory for safety and hygiene inspections.

Goods sampled and sent to the laboratory for testing shall be transferred to the place of storage for inspection designated by the Customs awaiting the testing results.

Article 22    If the goods have passed inspection and quarantine, the Customs shall issue the Certificate of Inspection and Quarantine of Entry Goods and release them.

In case of failure to pass the inspection and quarantine, the Customs shall issue a Notice of Inspection and Quarantine Treatment, and the consignor thereof or his/her agent shall, under the supervision of the Customs, carry out quarantine treatment, return them or destroy them. If the products after quarantine treatment pass the inspection and quarantine, they may be allowed to enter the territory. Where it is necessary to claim compensation from a foreign country, the Customs shall issue relevant certificates. The Customs shall report to the GAC the information on the imported fodder failing to pass the inspection and quarantine.

Article 23    The consignor or his/her agent may not arbitrarily transfer, sell or use the imported fodder without the Certificate for Inspection and Quarantine of Entry Goods issued by the Customs.

Article 24    Where the imported fodder is unloaded at different ports, the Customs at the earlier unloading port shall timely notify in writing the inspection and quarantine results and the handling thereof to the Customs at other separate unloading ports. Where it is necessary to issue a certificate for external parties, the Customs at the final unloading port shall issue a certificate after summarizing the results.

Section 3 Supervision and Administration

Article 25    The package of imported fodder shall have labels in Chinese which meet the national standards of China for fodder labels.

An import enterprise shall pack the imported fodder in bulk at the place designated by the Customs and attach a label to the fodder before entering the territory. If the fodder is directly transferred to a production or processing enterprise designated by the Customs and used for fodder production, the label may be exempted.

Where the State has any restriction on the feeding scope of the fodder from animal sources, it shall be indicated on the package of the fodder from animal sources for sale on the market.

Article 26    The Customs shall conduct an administration of archival filing to the fodder import enterprises (hereinafter referred to as import enterprises). An import enterprise shall, prior to or at the time of the initial inspection declaration, provide the photocopy of its business license to the local Customs for archival filing.

Article 27    An import enterprise shall establish business archives to record such information of imported fodder  as the inspection application number, name, quantity/weight, packaging, exporting country or region, foreign exporter, name and registration number of overseas manufacturer, Certificate for Inspection and Quarantine of Entry Goods, flow of the imported fodder, etc., and the records shall be kept for not less than two years.

Article 28    The Customs shall carry out regular examinations on the operation archives of the filed import enterprises, and those failing to pass the examinations shall be listed in the list of enterprises with bad records, with stricter inspections and quarantine on the fodder imported by such enterprises.

Article 29    Where a fodder safety accident occurred abroad involves any safety and hygiene problem with imported fodder, or is reported by relevant domestic departments or complained by users, the Customs shall conduct a retroactive investigation, and deal with the problem in accordance with relevant provisions of the State.

Where the imported fodder falls under any of the circumstances mentioned in the preceding paragraph, and is likely to cause damage to the health and safety of animals and human beings, the fodder import enterprise shall actively recall such fodder and report the case to the Customs. Where the import enterprise fails to perform its recall obligations, the Customs may order it to recall the defective products and include it in the list of bad record enterprises.

Chapter 4 Export Inspection and Quarantine

Section 1 Registration

Article 30    The GAC shall adopt the registration system for export manufacturers of exported fodder, and the exported fodder shall be sourced from the registered export manufacturers.

Article 31    Any enterprise that applies for registration shall meet the following criteria:

(I) Plant, technology, equipment and facilities;

1. The plant shall keep away from industrial pollution sources, and keep appropriate distance from farms, slaughterhouses and residential areas;

2. The layout of factory buildings and workshops shall be reasonable, and the production area shall be separated from living area and office area.

3. The process design is reasonable and complies with safety and hygiene requirements;

4. It has plants, equipment and warehousing facilities suitable for the production capacity; and

5. It has facilities for preventing and controlling pests (rodents, flies, storage pests, birds, etc.);

(II) Having a quality management institution and professional technicians that can meet the needs of the products it produces;

(III) Having the testing capacity fit for the safety and health control;

(IV) Management system;

1. post responsibility system;

2. personnel training system;

3. health examination system for employees;

4. a quality management system established according to the theory of Hazard Analysis and Critical Control Point (HACCP), with self-inspection and self-control conducted on the basis of risk analysis;

5. Sanitation Standard Operating Practices (SSOPs);

6. evaluation, inspection and acceptance system of qualified suppliers of raw materials, auxiliary materials and packaging materials;

7. fodder label management system and product traceability system;

8. waste and wastewater treatment system;

9. client complaint treatment system; and

10. emergency management system for quality and safety incidents.

(V) respective requirements of export inspection and quarantine formulated by the SGAC according to the varieties of fodder products.

Article 32    An export manufacturer shall apply for registration to the local customs house directly under the GAC, and submit the following materials:

(I) an Application Form for the Inspection and Quarantine Registration of Enterprises Producing, Processing and Storing Export Fodder;

(II) relevant certification documents on the approval where the national competent department of fodder requires an examination, production licensing or approval document number for the product;

(III) flow chart of production process, with necessary process parameters indicated (except for those involving trade secrets);

(IV) plant layout plan and photos or video of the key areas; and

(V) a list of products and raw materials to be registered.

Article 33    The customs house directly under the GAC shall timely examine the application materials, and shall, within five days, make a decision on whether to accept the application or not upon the following circumstances, and notify the applicant in written form:

(I) Where the errors in the application materials can be corrected on the spot, the applicant shall be permitted to correct them on the spot;

(II) Where the application materials are incomplete or inconsistent with the statutory form, the bureau shall inform, once and for all, the applicant of all the items that need to be supplemented or corrected on the spot or within five days. If it fails to do so within the time limit, the day when the application materials are accepted shall be considered as the acceptance day; or

(III) Where the application materials are complete and comply with the statutory format or the applicant has made supplements or correction of the application materials as required, the application shall be accepted.

Article 34    The customs house directly under the GAC shall form a review panel upon the acceptance of the application to conduct an on-site review of the export manufacturers applying for registration, and the review panel submit a review report to the customs house directly under the GAC after the end of the on-site review.

Article 35    The customs house directly under the GAC shall make the decisions on whether or not to grant registration of the matters under application within twenty (20) days upon the receipt of the application, and shall issue the Registration Certificate for Inspection and Quarantine of Enterprises Producing, Processing and Depositing Fodders for Export (hereinafter referred to as Registration Certificate) to the applicant if it grants the registration.

In case that the customs house directly under the GAC cannot make a decision within twenty (20) days upon the receipt of the application, it may, upon approval by its head, extent the time limit by ten (10) day, and shall notify the applicant of the extension reasons.

Article 36    The Registration Certificate shall become effective as of the date of issuance and shall be valid for five years.

Export manufacturers which are located at different locations but within the same enterprise and equipped with independent production line and quality management system shall apply for registration respectively.

Each registered export manufacturer shall use a single registration number. The registered serial numbers of the export manufacturers shall be used exclusively by the special factories.

Article 37    Where an export manufacturer changes its name, legal representative, products varieties or production capacity, it shall, within 30 days after the change, file a written application with the customs house directly under the GAC at its locality, fill out the Application Form for the Inspection and Quarantine Registration of Enterprises Producing, Processing and Storing Export Fodder and submit the materials related to the change.

The customs house directly under the GAC shall, upon examination of the relevant materials, process the change formalities directly for change of enterprise name or legal representative.

Where there is a change in product variety or production capacity, the inspection and quarantine bureau directly under GAC shall examine and verify the relevant materials and organize an on-site review; where the review is passed, formalities for change shall be handled.

Where an enterprise changes its address, it shall re-apply to the customs house directly under the GAC for registration.

Where an enterprise ceases engaging in the export fodder business as a result of stopping production, changing the line of production or closing down, it shall go through the cancellation formalities at the local customs house directly under the GAC.

Article 38    Where an export manufacturer with registration needs to extend the valid period of the registration, it shall file an application pursuant to these Measures three months before the expiry of the valid period.

Article 39    The customs house directly under the GAC shall, within 30 days after completing the registration, change or cancellation, report the relevant information to the GAC for archival filing.

Article 40    Where the importing countries or regions require to provide the list of registered export manufacturers, the customs house directly under the GAC shall submit the list to the GAC after examining it to be qualified. Upon organizing and conducting random sampling for evaluation, the GAC shall recommend on a unified basis to the competent authorities of the importing country or region and process the relevant formalities.

Section 2 Inspection and Quarantine

Article 41    The Customs shall carry out the inspection and quarantine of exported fodder according to the following requirements:

(I) inspection and quarantine requirements of the importing countries or regions;

(II) bilateral agreements, protocols and memorandums;

(III) Chinese laws and regulations, mandatory standards and the inspection and quarantine requirements of the GAC; and

(IV) quarantine requirements specified in the trade contracts or letters of credit.

Article 42    Before exporting fodder, the consignor or his/her agent shall apply for inspection to the Customs house in the place of origin on the strength of such documents as trade contract and ex-factory conformity certificate. The said Customs house shall examine the documents submitted, and accept the inspection application if the requirements are met.

Article 43    After accepting an application for inspection, the Customs shall conduct on-site inspection and quarantine according to the following provisions:

(I) checking the goods against the certificate: checking whether the documents are in consistency with the name, quantity (weight), production date, batch number, packaging, shipping mark, the name of the export manufacturer or the registration number, etc.;

(II) label checking: whether the label complies with the requirements; and

(III) sensory inspection: whether the packages and containers are intact or not; whether the goods have gone rotten or bad; whether they have carried pests with them; whether there is any soil, animal carcasses, or animal excrement, etc.

Article 44    The Customs shall, under the corresponding regulatory mode for inspection and quarantine, take samples from the products of different export manufacturers, issue a Voucher of Sampling, and send them to the laboratory for safety and hygiene inspections.

Article 45    Where the exit goods are found to be qualified upon inspection and quarantine, the Customs shall issue the Notice of Customs Clearance for Exit Goods or the Document on the Change of Certificate for Exit Goods, the inspection and quarantine certificates and other relevant certificates; where the exit goods are found to be unqualified upon inspection and quarantine, and if they have been treated with effective methods and are found to be qualified upon re-inspection and quarantine, the Customs may issue the relevant documents in accordance with the provisions, and release them; if the exit goods are not treated with effective methods or are found to be unqualified upon re-inspection and quarantine after treatment, the Customs shall not release them, and issue the Notice on Disqualified Exit Goods.

Article 46    The Customs at the port of exit shall carry out the inspection in accordance with the relevant provisions on the change of certificate and inspection of exit goods, and focus on checking whether the goods are in conformity with the certificates. Where the exported goods pass the inspection, the Notice of Customs Clearance for Exit Goods shall be replaced with the Document on the Change of Certificate for Exit Goods or e-document transmission issued by the Customs at the place of origin. In case of failure to pass the inspection, the goods in question shall not be released.

Article 47    The Customs in the place of origin shall exchange information with the Customs at the exit port in a timely manner.

In case any safety or hygiene problem is discovered during the course of inspection and quarantine, the relevant measures shall be taken and it shall be timely reported to the GAC.

Section 3 Supervision and Administration

Article 48    A registered enterprise producing or processing fodder for export shall abide by the following requirements:

(I) effectively operating self-inspection and self-control system;

(II) manufacturing products for export in accordance with the standards of the importing country or region or the requirements of the contract;

(III) complying with the relevant administrative provisions on drugs and additives of the State, and not storing or using drugs and additives prohibited by the State and the importing countries or regions;

(IV) meeting the safety and hygiene requirements on the packaging, loading containers and means of transport of animal fodder for export. The labels shall satisfy the relevant requirements of the importing country or region. The name of the manufacturer or the registration number and the use of the product shall be indicated on the package or label.

(V) establishing enterprise archives to record the names, quantities (weights) and suppliers, of raw and auxiliary materials used in the production, inspection and acceptance, self-inspection and self-control of semi-finished products and finished products, entry into warehouse, exit from warehouse, export, control of pests, recall of products and other information, and keeping such archives for at least two years.

(VI) faithfully filling in the Manual of Export Fodder Regulation, recording the regulation, sampling, inspection and annual examination conducted by the Customs as well as inspections of foreign official institutions, etc.

A registered fodder storage enterprise shall establish an enterprise archive to record the name, quantity/weight, consignor, entry into the warehouse and exit from the warehouse, and pest prevention and control of the fodder. The archive shall be kept for at least two years.

Article 49    The Customs shall conduct daily supervision and administration on the registered export manufacturers within their jurisdictions, which shall include:

(I) environmental sanitation;

(II) measures for pest prevention and control; and

(III) effectiveness of self-inspection and self-control of toxic and hazardous substances;

(IV) changes in raw and auxiliary materials or suppliers thereof;

(V) warehouses for packaging materials, bedding materials and finished products;

(VI) safety and hygiene of production equipment, facilities and means of transport;

(VII) batch numbers and label management;

(VIII) other matters involving safety and hygiene; and

(IX) records in the Manual of Export Fodder Regulation.

Article 50    The Customs shall carry out the annual examination on the registered export manufacturers, and for those passing the annual examination, the record of passing the annual examination shall be added to the Registration Certificate (duplicate).

Article 51    The Customs shall conduct an administration of archival filing of the fodder export enterprises (hereinafter referred to as export enterprises). An export enterprise shall, prior to or at the time of its first inspection declaration, file with the local Customs house for record.

Where the export enterprise and the manufacturer are the same, filing is not required.

Article 52    The export enterprises shall establish operation archives and accept the check of the Customs. Such information as the inspection application number, name, quantity (weight), packaging, importing country or region, name and registration number of the foreign importer or supplier, and Notice of Customs Clearance for Exit Goods shall be recorded in the archives which shall be kept for at least two years.

Article 53    The Customs shall establish integrity archives of the registered export manufacturers and export enterprises, and establish a name list of enterprises with good records and a name list of enterprises with bad records.

Article 54    In case any quarantine disease, excessive poisonous and harmful substance or other problem on safety and hygiene quality is found by any Customs at home or abroad in the exported fodder, the Customs shall implement the strict inspection and quarantine regulation measures after verifying the relevant conditions.

Article 55    In case a registered export manufacturer or an export enterprise subject to archival filing finds that the related products it produces or operates may be polluted and affect the fodder  safety, or its export products are suspected of causing a fodder  safety accident abroad, it shall report to the local Customs within 24 hours, and simultaneously take control measures to prevent unqualified products from leaving the factory. After receiving the report, the Customs shall report it to the GAC level by level within 24 hours.

Article 56    Where any of the following circumstances applies to any registered export manufacturer, the Customs directly under the GAC shall revoke its registration:

(I) failing to meet the requirements for registration due to significant change in the objective circumstance on which the approval of registration is based;

(II) failing to go through modification procedures when any change occurs in the registered particulars; or

(III) failing to pass the annual examination.

Article 57    The customs house directly under the GAC may revoke the registration upon the request of the interested party or according to its authority in any of the following circumstances:

(I) where any of the staff members of the customs house directly under the GAC approves the registration by abusing his/her power or neglecting his/her duty;

(II) where approval of the registration is granted beyond the statutory authority;

(III) where approval of registration is granted in violation of legal procedures;

(IV) where the approval is granted to the registration of export manufacturers that are not qualified for application or fail to meet the statutory requirements; or

(V) other circumstances under which the registration may be cancelled in accordance with the law.

Where an export manufacturer has obtained registration by improper means such as fraud or bribery, the registration shall be revoked.

Article 58    The customs house directly under the GAC shall handle the registration cancellation formalities by law in any of the following circumstances:

(I) where the registration validity term expires and is not extended;

(II) where the export manufacturer is terminated according to law;

(III) where the enterprise no longer engages in the export fodder business due to production suspension, change in lines of production or closedown;

(IV) where the registration is revoked, withdrawn or suspended according to law;

(V) where the registration items cannot be implemented due to force majeure; or

(VI) any other circumstance as prescribed by any law or regulation under which the registration shall be canceled.

Chapter V Transit Inspection and Quarantine

Article 59    The carrier or escort that transports fodder across the border shall apply for inspection to the Customs at the entry port with the waybill and the certificate issued by the competent authority of the exporting country or region, and shall provide in writing the transit transport route.

Article 60    The means of transport, the packaging materials and the containers used for carrying the transit fodder shall be kept in good condition. Where the Customs at the port of entry finds, upon inspection, that the means of transport or the packaging materials and containers are likely to cause the dispersion and leakage on the way, the carrier or escort shall, as required by the Customs at the port, take sealing measures; if sealing measures are unavailable, transit through the territory shall be denied.

Article 61    Where the exporting country or region is not included in the list of countries or regions where import is permitted as prescribed in Article 7, it shall obtain the approval of the GAC before it may transit through the territory.

Article 62    The Customs at the port of entry shall examine the documents, check the consistency between the goods and their certificates, put a seal on the fodder and release them through the territory and inform the Customs at the port of exit; and the Customs at the port of exit shall supervise the exit of the fodder .

Chapter VI Legal Liability

Article 63    Where any of the following circumstances applies, the inspection and quarantine authorities shall impose punishments in accordance with the Special Provisions of the State Council on Strengthening the Supervision and Administration of the Safety of Food and Other Products:

(I) storing or using drugs, additives and other raw and auxiliary materials that are prohibited by our country or the import country or region;

(II) passing the products manufactured by a non-registered fodder production or processing enterprise off as the products manufactured by a registered export manufacturer;

(III) knowing perfectly well a potential safety hazard but concealing it and refusing to fulfill the obligation of reporting the accident and continuing to import or export goods; or

(IV) refusing to perform product recalling obligations.

Article 64    In case of any of the following circumstances, the Customs shall give a fine ranging from 3,000 yuan to 30,000 yuan according to the Regulations on the Implementation of the Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine:

(I) unloading from the means of transport or transporting or delivering the imported or transit fodder without the approval of the Customs; or

(II) unpacking, without authorization, the packaging of transit fodder, or removing or damaging, without authorization, animal or plant quarantine seals or marks.

Article 65    In case of any of the following circumstances, the violator shall be subject to criminal liabilities according to law. If no crime is constituted yet, or if the criminal circumstance is obviously minor and no criminal punishment is required according to law, the Customs shall impose a fine ranging from 20,000 yuan to 50,000 yuan according to the Regulation on the Implementation of the Law of the People's Republic of China on the Entry and Exit of Animal and Plant Quarantine:

(I) causing serious animal or plant epidemic; or

(II) forging or altering the quarantine certificates, stamps, marks or seals.

Article 66    In case of any of the following circumstances, and if there are any illegal gains, the Customs shall give a fine of no more than three times the illegal gains, but not exceeding 30,000 yuan at the maximum; if there are no illegal gains, a fine of less than 10,000 yuan shall be given:

(I) using forged or altered quarantine certificates, stamps, marks or seals;

(II) using forged or altered quarantine certificates issued by the competent authorities of exporting countries or regions;

(III) using other relevant forged or altered documents of certification; or

(IV) refusing to accept the supervision and administration of the Customs.

Article 67    Where any staff member of The Customs abuses his/her powers, deliberately creates difficulties, plays favoritism and commits irregularities, forges inspection results, neglects his/her duties or delays the inspection and issuance of certificate, it shall be imposed upon an administrative punishment; if any crime is constituted, the criminal liability shall be investigated in accordance with relevant laws.

Chapter VII Supplementary Provisions

Article 68    For the purpose of these Measures, the following terms shall have the following meanings:

"Fodder" refers to products and raw materials produced by planting, breeding, processing and producing for animals to eat, including live animals used as baits, chilled and frozen animal products used as fodder  (including bait) and aquatic products, processed animal protein and fat, pet food and jelly, forage grass, silage, fodder  grains, grains, bran meal and dregs, processed plant protein and plant powder, compound fodder, additive premixes, etc.

"Fodder additives" refer to the substances of small or tiny quantities that are added in the course of processing, producing or using fodder, including nutritional fodder additives and general fodder additives.

"Processed animal protein and fat" include meat meal (livestock and poultry), meat bone meal (livestock and poultry), fish meal, fish oil, fish ointment, shrimp meal, squid liver powder, squid powder, cuttlefish ointment, cuttlefish powder, fish essence powder, dried shell essence powder, blood powder, plasma powder, blood cell powder, blood cell powder, serum powder, fermented blood powder, animal leftover meal, feather powder, hydrolyzed feather powder, hydrolyzed hair protein powder, leather protein powder, hoof powder, horn powder, chicken giblet powder, intestinal protein powder, gelatin, whey powder, milk powder, egg powder, dried silkworm pupa and its powder, bone powder, bone ash, bone charcoal, bone-made calcium hydrophosphate, shrimp shell powder, egg shell powder, bone glue, animal fat, fodder  grade mixed oil, dried worm and its powder, etc.

"Ex-factory conformity certificate" refers to the document issued by a registered enterprise producing or processing fodder or fodder additives for export by certifying that its products have passed the self-inspection and self-control system of the enterprise.

Article 69    The power to interpret these Measures shall remain with the GAC.

Article 70    These Measures shall come into effect as of September 1, 2009. As of the date of implementation, in case of any inconsistency between the provisions on the administration of inspection and quarantine of imported and exported fodder and these Measures, the latter shall prevail.