Measures of Shanghai Municipality for the Supervision and Management of the Quality and Safety of Hog Products
Measures of Shanghai Municipality for the Supervision and Management of the Quality and Safety of Hog Products
(Promulgated by Decree No. 78 of Shanghai Municipal People's Government on December 6, 2007; amended for the first time by Decree No. 66 of Shanghai Municipal People's Government on May 26, 2011; amended for the second time by Decree No. 19 of Shanghai Municipal People's Government on January 26, 2025)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening the supervision and management of the quality and safety of hog products, and safeguarding the health and life safety of the masses of the people, these Measures 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 Safety Law of the People's Republic of China, and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Measures apply to the purchase and slaughter of hogs and the purchase and sale of hog products as well as the supervision and management activities thereof within the administrative area of this Municipality.
Article 3 (Functions and Duties of Municipal Supervision Departments)
The municipal departments of market regulation, agriculture and rural affairs, commerce, etc. shall, according to their respective functions and duties as provided by laws and rules and the relevant decisions made by the Municipal People's Government, be responsible for the supervision and management of the quality and safety of hog products in this Municipality.
Article 4 (Functions and Duties of District People's Government)
The district people’s government shall take the overall responsibility for the supervision and management 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 management work thereof, coordinate and supervise the district departments of market regulation, agriculture and rural affairs, commerce, etc. in performing their supervision and management 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 Management)
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 managing 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 management 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 industry associations in this Municipality shall strengthen their industry self-discipline, guide and supervise their members to carry out production and business activities in accordance with the law, and direct their members to institute and perfect the management 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 (Business Entity Registration of Operators in Hogs)
Operators in purchase of hogs (hereinafter referred to as "operator in hogs") shall go through the business entity 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 business entity registration.
A hog slaughterhouse may not be let out or lent or have its related licenses transferred in other forms.
Article 10 (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 prohibited substance.
Article 11 (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 12 (Inspection of Hogs at the Road Checkpoint)
The hogs transported into this Municipality by roads shall be inspected at the designated road checkpoint.
Supervisors of animal hygiene at road checkpoint shall inspect quarantine certificates and livestock and poultry identifications of hogs, and shall record information about purchase and transportation.
If the inspection meets the requirements, the 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.
Article 13 (Slaughter Check-up)
A hog slaughterhouse shall, before the slaughter of hogs, check the quarantine certificate, livestock and poultry identification, and certificate of passing the prohibited substance test; 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 department of agriculture and rural affairs, and make disposal under the supervision thereof according to law.
Article 14 (Test before Slaughter)
A hog slaughterhouse shall, before the slaughter of hogs, conduct tests of the prohibited substance, 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 department of agriculture and rural affairs, and carry out decontamination disposal under the supervision thereof.
The municipal agriculture and rural affairs commission and municipal market regulation bureau shall, according to relevant standards set by the State and this Municipality, determine the item, method and quantity for the prohibited substance test of hogs.
Article 15 (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 16 (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 17 (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 18 (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 departments of agriculture and rural affairs, and market regulation such information as the source and quantity of slaughtered hogs and the sale of hog products.
Chapter III Operation of Hog Products
Article 19 (Licensing and Business Entity 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 formalities for food business license and business entity registration according to law.
Article 20 (Purchase Source of Hog Products)
An operator in hog products shall purchase hog products from hog slaughterhouses legally established or other operators that meet legal requirements.
An operator in hog products shall submit relevant information on quality and safety testing, animal quarantine, etc. to the food safety information traceability platform in accordance with the food safety information traceability management provisions of the State and this Municipality.
Article 21 (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 for passing the test of prohibited substance.
Hog products purchased by the operators in hog products shall be in large hunks or cut apart for pre-packaging according to relevant state provisions.
Article 22 (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 23 (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 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.
If passing the checks, the supervisors of animal hygiene at the road checkpoint shall place an inspection stamp and mark out the passage time on the hog products quarantine certificate.
Article 24 (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; for out-of-town hog products, the inspection stamp affixed at the road checkpoint shall be checked in addition.
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 six months 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 market regulation department, and dispose of such hog products according to law under the supervision thereof.
Article 25 (Tests of Prohibited Substance)
The wholesale market for hog products and the large-scale chain supermarket enterprise shall, in accordance with the relevant provisions of the State and this Municipality, conduct tests of prohibited substance in hog products that are purchased or traded in the market.
Business administrators of the wholesale market for hog products and the large-scale chain supermarket enterprises shall make a good testing record and maintain it for six months 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 market regulation department and carry out decontamination disposal under the supervision thereof.
The municipal market regulation bureau shall, according to relevant standards set by the State and this Municipality, determine the item, method and quantity of testing prohibited substance in hog products.
Article 26 (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 six months at least.
Article 27 (Norm of Sales Behaviors)
An operator in hog products shall hang its business license and food business 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 28 (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 prohibited substance;
3. fail to undergo inspection at the designated road checkpoint as provided;
4. fail to be pre-packaged as provided;
5. or are diseased or have gone bad or have water injection or fail to meet other quality and safety requirements.
Article 29 (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 30 (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 market regulation department.
Chapter IV Enterprises' Responsibilities and Supervision and Inspection
Article 31 (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 Measures, and they shall be responsible for the quality and safety of hogs or hog products they purchase and sell.
Article 32 (Responsibilities of Hog Slaughterhouses)
A hog slaughterhouse shall ensure that the hogs it slaughters pass the quarantine and test of prohibited substance 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 33 (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 prohibited substance 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 34 (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 Measures, 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 35 (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 36 (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 37 (Offence-reporting)
The supervision and management departments of market regulation, agriculture and rural affairs, and commerce, etc. 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 38 (Supervision and Inspection)
The municipal agriculture and rural affairs commission shall, jointly with the district 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 management departments of market regulation and agriculture and rural affairs 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 management departments of market regulation and agriculture and rural affairs shall, according to their respective functions and duties, take key-point measures to monitor the units with records of illegal acts.
Article 39 (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 management departments of market regulation, and agriculture and rural affairs 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 management departments have the right to seal up or impound such hogs or hog products according to law.
Upon finding during supervision and inspection that hog products are likely to cause harm to human health and life safety, the supervision and management departments of market regulation, and agriculture and rural affairs 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.
Article 40 (Open Information)
The supervision and management departments of market regulation, and agriculture and rural affairs 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 market regulation bureau shall, jointly with relevant departments including the municipal agriculture and rural affairs, the municipal commerce commission, 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 41 (Guiding Provisions)
For acts that violate the provisions of these Measures, if there are already provisions for handling them in laws and rules, such provisions shall prevail.
Article 42 (Punishment for Violations of Provisions Governing Hog Slaughter)
If a hog slaughterhouse falls under any of the following circumstances, the department of agriculture and rural affairs 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 prohibited substance in hogs as provided;
2. transferring hogs that fail to pass the tests of prohibited substance.
If a hog slaughterhouse falls under any of the following circumstances, the department of agriculture and rural affairs 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 testing records as provided;
3. or failing to report relevant information about the testing or slaughter of hogs as provided.
Article 43 (Punishment for Violations of Provisions Governing Check-up of Hog Products)
Where a 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 department of market regulation shall issue an order for correction and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
Article 44 (Punishment for Violations of Provisions Governing Reporting on Hog Products)
If a business administrator of the wholesale market for hog products or a large supermarket chain enterprise, fails to report relevant information on the sale of hog products in accordance with provisions, the department of market regulation 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 45 (Punishment for Violations of Provisions Governing Sale of Hog Products)
Where an operator in hog products sells hog products that are not pre-packaged as provided, the department of market regulation shall issue an order for correction within a prescribed time limit; 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 46 (Punishment for Violations of Provisions Governing Disposal of Inedible Hog Products)
Where a 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 department of market regulation 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 on Handling Complaints)
Where an operator in hog products or a 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 department of market regulation 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.
Chapter VI Supplementary Provisions
Article 48 (Definitions of Relevant Terms)
The hog purchase means the business activity of purchasing hogs for the purpose of slaughter.
The prohibited substance means 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 49 (Reference Application)
The supervision and management of the quality and safety of beef, mutton and other livestock products shall be carried out by reference to these Measures.
Where there are provisions otherwise provided by the State and this Municipality on the supervision and management of the quality and safety of Muslim beef and mutton and other livestock products, such provisions shall prevail.
Article 50 (Effective Date and Matter Concerning Repeal)
These Measures 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.