Regulations of Shanghai Municipality on Animal Epidemic Prevention
Regulations of Shanghai Municipality on Animal Epidemic Prevention
(October 28,2022)
No.134
(Adopted at the 25th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on December 29, 2005; amended according to the Decision to Amend Regulations of Shanghai Municipality on Animal Epidemic Prevention adopted at the 19th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on May 27, 2010; revised at the 45th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on October 28, 2022)
Article 1 With a view to strengthening the management of animal epidemic prevention activities, preventing, controlling, purifying, and eliminating animal epidemic diseases, promoting the healthy development of the breeding industry, preventing and controlling zoonotic infectious diseases, and ensuring public health safety and human health, these Regulations are formulated according to the Law of the People's Republic of China on Animal Epidemic Prevention and other laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2 These Regulations apply to animal epidemic prevention and its supervision and management activities within the administrative area of this Municipality.
The quarantine of entry and exit animals and animal products shall be governed by relevant laws and administrative rules such as the Law of the People's Republic of China on the Quarantine of Entry and Exit Animals and Plants. If the State has special requirements for the epidemic prevention of experimental animals, they shall be implemented in accordance with the relevant provisions on the management of experimental animals.
Article 3 Animal epidemic prevention shall implement the working policy of focusing on prevention, combining prevention with control, purification and elimination, and adhere to the working principles of comprehensive prevention and control, quarantine according to law, key control and whole-process supervision.
Article 4 The municipal and district people's governments shall exercise unified leadership over animal epidemic prevention work, incorporate animal epidemic prevention work into national economic and social development plans and annual plans, and take effective measures to stabilize the team of grassroots institutions, strengthen the construction of animal epidemic prevention teams, and establish and improve animal epidemic prevention system, formulate and organize the implementation of animal epidemic prevention and control plans.
Town/township people's governments and sub-district offices shall organize the masses to do a good job in the prevention and control of animal epidemics within their respective jurisdictions, and assign corresponding management personnel for animal epidemic prevention. Villagers' committees and residents' committees shall assist in the work of animal epidemic prevention, and guide villagers and residents to fulfill their obligations of animal epidemic prevention in accordance with the law.
Article 5 The municipal and district agricultural and rural departments are the administrative departments in charge of animal epidemic prevention work within their administrative regions. The district market regulation and management department is responsible for the animal epidemic prevention work in the relevant districts that do not have agricultural and rural departments. The municipal and district agricultural and rural departments and relevant district market regulation and management departments are collectively referred to as animal epidemic prevention authorities. The municipal animal epidemic prevention department shall strengthen the business guidance, technical support and work supervision of the district animal epidemic prevention department.
Relevant departments such as development and reform, market regulation, health, landscaping and city appearance, commerce, public security, transportation, urban management and law enforcement, finance, planning resources, ecological environment, and customs shall do a good job in animal epidemic prevention within the scope of their respective duties.
Article 6 The municipal and district people's governments shall specify the institutions responsible for animal health supervision and animal epidemic prevention and control.
The animal health supervision institution is responsible for the quarantine work of animals and animal products.
The animal epidemic prevention and control institution is responsible for animal disease monitoring, detection, diagnosis, epidemiological investigation, epidemic report and other technical work on prevention and control; it shall undertake technical work on the purification and elimination of animal epidemics.
The competent department of animal epidemic prevention shall strengthen the guidance and supervision of animal health supervision institutions and animal epidemic prevention and control institutions.
Article 7 The municipal and district people's governments shall include the funds for monitoring, preventing, controlling, purifying, and eliminating animal epidemics, quarantining and harmless treating of animals and animal products, controlling and disposing of stray dogs and cats, and the related supervision and management into the financial budget at the same level.
Article 8 Units and individuals engaged in activities related to animals and animal products, such as animal breeding, slaughtering, trading, isolation, transportation, and animal product production, trading, processing, and storage, shall, in accordance with the provisions of the State and this Municipality, do a good job of immunity, disinfection, detection, isolation, purification, elimination, harmless treatment and other animal epidemic prevention work, undertake the responsibilities related to animal epidemic prevention, and prevent the spread of epidemic diseases.
Article 9 This Municipality shall encourage scientific research institutes, colleges and universities, enterprises, etc. to innovate and develop animal epidemic diagnosis, purification, and prevention and control technologies, and to develop new biological veterinary drugs, veterinary traditional Chinese medicines, and veterinary vaccines for common and frequently occurring animal epidemics so as to provide technical support for improving the level of animal epidemic prevention and control.
This Municipality shall improve the systems for the cultivation, introduction, and guarantee of living conditions of grassroots animal epidemic prevention personnel, and give policy preference to the evaluation, promotion, and employment of animal epidemic prevention personnel who have served at the grassroots level for a long time.
Article 10 This Municipality shall promote the establishment of the collaborative mechanism for animal epidemic prevention work of the Yangtze River Delta region with other provinces and cities, in terms of animal inspection and quarantine, epidemic prevention risk assessment, epidemic analysis and early warning, and the construction of unregulated animal epidemic-free zones and unregulated animal epidemic-free bio-safety isolation zones, and carry out collaboration and information exchange to ensure regional public health security.
The municipal administrative agency for farms outside the city and the municipal animal epidemic prevention department shall strengthen communication with the local government where the farm is located to promote the implementation of animal epidemic prevention work for farms outside the city.
Article 11 The municipal competent department of animal epidemic prevention may, according to the animal epidemic situation at home and abroad and in this Municipality, as well as the need to protect the development of the breeding industry and human health, carry out risk assessment of animal epidemics in this Municipality, and implement animal epidemic prevention, control, purification, elimination and other measures, in conjunction with the municipal health, landscaping and city appearance, customs and other departments,
The municipal competent department of animal epidemic prevention may make a decision to prohibit or restrict specific animals and animal products from being transferred into or out of this Municipality according to national requirements or risk assessment. For specific animals and animal products that are prohibited or restricted, no unit or individual may transfer them into or out of this Municipality without authorization.
Article 12 The municipal competent department of animal epidemic prevention shall, in accordance with the national provisions, formulate the compulsory immunization plan of animal epidemics in this Municipality; according to the animal epidemic situation in this Municipality and the degree of harm to the breeding industry and human health, the said department shall propose to increase the species and area of animal epidemics subject to compulsory immunization, and make implementation thereof after obtaining approval by the Municipal People's Government, and meanwhile report to the competent department of agriculture and rural areas of the State Council for the record.
The competent animal epidemic prevention department is responsible for organizing the implementation of the compulsory immunization plan for animal epidemics, supervising and inspecting the performance of compulsory immunization obligations by units and individuals raising animals, evaluating the implementation and effect of the compulsory immunization plan in the administrative region, and announcing the evaluation results to the public. Town/township people's governments and sub-district offices shall organize units and individuals that raise animals in their jurisdictions to do compulsory immunization and assist in supervision and inspection; villagers' committees and residents' committees shall assist in the related work.
Every unit and individual that raises an animal(s) shall fulfill the obligation of compulsory immunization against animal epidemics, immunize animals in accordance with the compulsory immunization plan and technical specifications, and establish immunization files and apply livestock and poultry labels in accordance with the relevant state provisions to ensure traceability.
Article 13 The municipal competent department of animal epidemic prevention shall formulate this Municipality’s animal epidemic monitoring plan in accordance with the national animal epidemic monitoring plan and in combination with this Municipality’s animal epidemic characteristics. The district animal epidemic prevention administrative department shall formulate the implementation plan of the animal epidemic monitoring plan based on the actual situation of the administrative region.
The department of landscaping and city appearance shall monitor the pathogens carried by wild animals such as migratory birds in accordance with the relevant provisions of the State and this Municipality.
The departments of animal epidemic prevention, health and customs, shall, in accordance with their respective responsibilities and duties, jointly do a good job in the monitoring and early warning of animal epidemics or zoonotic infectious diseases.
Article 14 This Municipality shall support animal farms in building unregulated animal epidemic-free bio-safety isolation zones, and support animal breeding units and individuals in carrying out animal epidemic purification.
The municipal and district people's governments may provide policy support and financial subsidies to those that have passed the national or municipal-level assessment of unregulated animal epidemic-free bio-safety isolation zones or have reached the decontamination standards prescribed by the State.
Article 15 Animal breeding sites, animal isolation sites, animal slaughtering and processing sites, and those for the harmless treatment of animals and animal products shall meet the animal epidemic prevention conditions prescribed by the State. The founder shall submit the relevant materials, and, after passing the examination, can obtain the animal epidemic prevention condition certificate according to law. The quarantine place for imported animals shall also meet the requirements of the customs.
Animal breeding sites, animal isolation sites, animal slaughtering and processing sites, and those for the harmless treatment of animals and animal products shall ensure that the vehicles transporting animals and animal products meet the animal epidemic prevention requirements prescribed by the State by setting up vehicle cleaning, disinfection and drying s, etc.
Article 16 This Municipality shall implement compulsory rabies immunization for the raised dogs.
The district animal epidemic prevention department shall set up rabies immunization points according to the principles of reasonable layout and convenient vaccination. The rabies immunization point should be physically separated from the animal diagnosis and treatment area and relatively independent.
When immunizing dogs against rabies, the rabies immunization site shall establish immunization files, record relevant information, and issue a rabies immunization certificate uniformly issued by the municipal animal disease prevention and control institution.
Units and individuals that raise dogs shall register with the local public security department with the certificate of rabies immunity. Dogs that are brought out of the house should wear dog tags and be held in leash in accordance with provisions to prevent dogs from hurting people and spreading diseases.
Encourage the implementation of rabies immunization for domesticated cats, with reference to the relevant provisions for dogs for specific requirements.
Article 17 The district public security, animal epidemic prevention and other departments shall do a good job in the management of stray dogs in their jurisdiction in accordance with the relevant provisions of this Municipality on canine management.
Sub-district offices and town/township people's governments shall organize and coordinate residents' committees and villagers' committees to take necessary measures to manage, control and dispose of stray dogs and cats in their jurisdictions to prevent the spread of the disease. District public security, animal epidemic prevention and other departments shall strengthen guidance and support for the control and disposal of stray dogs and cats.
Encourage relevant industry associations and property service companies to participate in the management of stray dogs and cats.
Article 18 Those who set up indoor animal display and interactive experience venues in shopping malls and other public places, providing business services such as viewing, contacting, and feeding animals, shall obtain administrative licenses and go through relevant procedures in accordance with the provisions of the State and this Municipality, and shall accept inspection by relevant departments. If it involves protected wild animals, a captive breeding license must be obtained.
Operators of indoor animal exhibition and interactive experience venues shall, in accordance with national and municipal provisions, obtain quarantine certificates for relevant animals or for imported animals to ensure that the areas where animals are raised are relatively independent from other areas, and according to the size and type of animals, have necessary professional epidemic prevention personnel, facilities and medical consumables, and take effective epidemic prevention measures such as immunization, detection, disinfection, repellent, isolation, and escape prevention for animals to avoid the transmission of animal epidemics.
Materials such as administrative licenses and animal quarantine certificates shall be publicized in a conspicuous position of the business premises.
Operators of shopping malls and other public places shall verify administrative licenses, animal quarantine certificates and other materials.
Article 19 Units and individuals engaged in activities such as animal epidemic monitoring, testing, inspection and quarantine, research, diagnosis, treatment, and animal breeding, slaughtering, trading, isolation, transportation shall immediately report to the local district competent animal epidemic prevention department or animal epidemic prevention and control institutions, and quickly take isolation and other control measures to prevent the spread of animal epidemics, if an animal is found to be infected or suspected to be infected. Other units and individuals discovering that animals are infected or suspected to be infected shall report in time.
No unit or individual shall conceal, falsely report, delay, or omit to report animal epidemics, shall not instruct others to conceal, falsely report, or delay to report animal epidemics, and shall not hinder others from reporting animal epidemics.
Article 20 The municipal and district people's governments shall, according to the emergency plan for major animal epidemics at the higher level and the actual situation in the region, respectively formulate emergency plans for major animal epidemics at the municipal and district levels, and carry out training and drills on a regular basis. The competent animal epidemic prevention department shall formulate implementation plans respectively according to different types of animal epidemics and their epidemic characteristics and degree of harm, in the light of the actual situation of the administrative region.
The competent animal epidemic prevention department shall, according to the requirements of the emergency plan for major animal epidemics, scientifically stockpile emergency materials such as biological products, diagnostic reagents, disinfection drugs, protective equipment, epidemic prevention equipment, transportation and communication tools needed to deal with major animal epidemics, and establish corresponding management system to ensure timely supply of emergency supplies.
Article 21 After a major animal epidemic occurs, the municipal and district people's governments shall, in accordance with the emergency plan for the major animal epidemic, establish a municipal or district-level emergency response headquarter for the major animal epidemic to lead and direct the emergency response work of the major animal epidemic in the city or the district in a unified manner.
The municipal competent department of animal epidemic prevention shall comprehensively coordinate the emergency response to the major animal epidemic in this Municipality; the relevant departments of public security, health, landscaping and city appearance, commerce, market regulation, and customs, as well as relevant district people's governments, town/township people's governments, and sub-district offices shall, according to their respective duties, jointly do a good job in the emergency dispatch and transportation of materials needed for the major animal epidemic emergencies, emergency fund arrangements, relief for the masses, human epidemic prevention and control, market regulation of animals and their products, entry-exit inspection and quarantine in epidemic areas.
Article 22 The district people's government shall, according to the scale of local livestock and poultry breeding and consumption habits, rationally arrange livestock and poultry slaughtering and processing sites, guide livestock and poultry slaughtering enterprises to integrate slaughtering resources, adjust and optimize slaughtering techniques and layout in the case of meeting the animal epidemic prevention requirements, so as to meet the slaughtering needs of different livestock and poultry farms (households).
Article 23 The municipal and district people's governments may, according to the needs of the prevention and control of major animal epidemics, prohibit the trading of live livestock and poultry in a certain area and within a certain period of time.
Article 24 This Municipality shall support the slaughter of livestock and poultry nearby, and adopt cold chain logistics to transport animal products. Except for breeding stock, newborn animals, and livestock and poultry that meet the "point-to-point" transport conditions, the inter-provincial transport of live livestock and poultry shall be gradually reduced.
Livestock and poultry transfers shall be directly transported to the destination indicated on the animal quarantine certificate, and shall not be sold, exchanged, increased or decreased, or transshipped without justifiable reasons on the way.
Article 25 Those who transport animals and animal products to this Municipality by road shall enter through the designated passages established by the Municipal People's Government, and accept supervision and inspection measures such as verification, inspection, and disinfection, and enter this Municipality after inspection and sealing. Any unit or individual shall not accept those that have not been inspected by the designated passage. The municipal competent department of animal epidemic prevention shall be responsible for the management of designated passages, and shall have law enforcement personnel and auxiliary personnel suitable for the supervision and inspection of designated passages.
If animals and animal products are found to be transported in non-designated passages, the public security checkpoints and transportation checkpoints shall hand them over to the local competent animal epidemic prevention department for handling. If there are no checkpoints on non-designated passages, the local district people's government shall set up bulletin boards, indicator boards and prohibition tokens, and arrange relevant personnel to conduct on-duty inspections when necessary.
Article 26 The Municipal People's Government shall formulate a plan for the construction of centralized harmless disposal sites for animals and animal products, coordinate the layout of harmless disposal sites, and establish a harmless disposal mechanism that is government-led and public welfare-oriented with market operation taken into account.
The district people's government shall rationally set up regional collection sites for dead animals and diseased animal products according to the construction plan for centralized and harmless disposal sites for animals and animal products, as well as the conditions of livestock and poultry breeding and pet breeding within the administrative area.
The municipal competent animal epidemic prevention department shall coordinate this Municipality’s handling of diseased and dead animals and diseased animal products, and the municipal animal harmless disposal agency shall specifically organize the implementation.
Article 27 The diseased and dead animals in animal farms (households) and animal isolation places shall be collected in a unified manner by the district competent animal epidemic prevention department, and sent to the harmless disposal places for animals and animal products.
Animal farms that need to centralize the disposal of sick and dead animals due to the construction of unregulated animal epidemic bio-safety isolation areas or the purification of animal epidemics can build self-use harmless disposal sites that meet relevant provisions with the approval of the district competent animal epidemic prevention department.
Production and operation, scientific research and teaching, and animal diagnosis and treatment units that do not have the capacity for harmless disposal shall, in accordance with the relevant provisions of the State and this Municipality, send animals, animal products and related items that require harmless disposal to the relevant harmless disposal place, and entrust it to do disposition. Where the harmless disposal is entrusted, the relevant unit shall sign a contract with the harmless disposal site to clarify the rights and obligations of both parties.
No unit or individual may buy, sell, slaughter, process, or discard sick or dead animals or diseased animal products at will.
Article 28 The finance department shall provide subsidies for the harmless disposal of dead animals in the breeding process, sick animals in the slaughtering process, and diseased animal products. The specific subsidy standards and methods shall be formulated by the financial department in conjunction with the competent animal epidemic prevention department.
For other dead animals and diseased animal products that require harmless disposal, the disposal site will charge the consignor according to a certain standard. The charging standard should be made public and the price should be clearly marked.
Article 29 An agency engaged in activities of animal diagnosis and treatment shall meet the conditions prescribed by the State and obtain an animal diagnosis and treatment license issued by the district competent animal epidemic prevention department.
An agency of animal diagnosis and treatment shall hang animal diagnosis and treatment license at a prominent position in the clinic, publicize the basic information of employees and the charging standards for diagnosis and treatment, and regularly report the diagnosis and treatment of animal epidemics to the department that issued animal diagnosis and treatment license.
An agency of animal diagnosis and treatment shall implement epidemic prevention measures in accordance with the provisions, and do a good job in safety protection, inspection and testing, disinfection and sanitation, isolation, sick and dead animals and treatment waste disposal in the diagnosis and treatment activities, and shall not engage in animal sales, grooming, foster care and other business activities in the animal diagnosis and treatment area.
This Municipality shall implement the quantified and classified supervision management of animal diagnosis and treatment agencies, and the specific measures shall be formulated by the municipal competent animal epidemic prevention department.
Article 30 This Municipality shall implement the official veterinary appointment system in accordance with national provisions. Official veterinarians shall be confirmed by the municipal competent animal epidemic prevention department in accordance with the procedures and appointed by the competent animal epidemic prevention department. Official veterinarians shall perform their duties of quarantine of animals and animal products in accordance with the law, and no unit or individual may refuse or obstruct them.
This Municipality shall promote the development of veterinary social services, and support licensed veterinarians, rural veterinarians, and institutions and organizations that have obtained corresponding qualifications to participate in animal immunization, animal diagnosis and treatment, and quarantine assistance in accordance with the law.
The competent animal epidemic prevention departments may purchase veterinary socialization services according to work needs and relevant requirements.
Article 31 This Municipality shall rely on the "Government Online-Offline Shanghai" for government affairs and the "one-network unified management" platform for city operations to promote the digital transformation of animal epidemic prevention work, and realize the traceability of the entire chain of breeding, slaughtering, operation, transportation, and harmless disposal, as well as animal epidemic monitoring, major animal epidemics, handling of zoonotic infectious diseases, animal epidemic prevention violations and other information exchange and sharing to improve the effectiveness of animal epidemic prevention and control.
Article 32 All relevant departments shall, in accordance with relevant national and municipal provisions, record animal epidemic prevention violations and collect them on the municipal public credit information service platform according to law.
Relevant departments shall implement key supervision on units and individuals with untrustworthy behaviors in the animal epidemic prevention, and relevant administrative organs shall take disciplinary measures in accordance with the law.
Article 33 Where laws and rules have provisions for handling violations of the provisions of these Regulations, those provisions shall prevail.
Article 34 Anyone who violates the provisions of Paragraph 2 of Article 11 of these Regulations by transferring prohibited or restricted specific animals or animal products into or out of this Municipality without authorization shall be ordered to make correction by the district competent animal epidemic prevention department and may be fined not less than 10,000 yuan but not more than 100,000 yuan.
Article 35 If, in violation of Paragraph 3 of Article 16 of these Regulations, the rabies immunization point fails to establish rabies immunization files, fails to record relevant information, or fails to issue a unified rabies immunization certificate, the district competent animal epidemic prevention department shall order it to make correction within a prescribed time limit. If corrections are not made within the time limit, a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be imposed.
Article 36 In violation of Paragraph 1 of Article 25 of these Regulations, failing to transport animal products into this Municipality by the passage designated by this Municipality, the competent animal epidemic prevention department shall impose a fine of not less than 5,000 yuan but not more than 10,000 yuan on the carrier. If the circumstances are serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.
In violation of the provisions of Paragraph 1 of Article 25 of these Regulations, accepting animals and animal products that have not been inspected through the designated passage, the competent animal epidemic prevention department shall give a warning to the receiving unit or individual and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan .
Article 37 These Regulations shall be effective as of December 1, 2022.