The "Measures for the Administration of Restrictions on Live Poultry Trading in Hangzhou" were reviewed and adopted at the 26th executive meeting of the Municipal People's Government on July 14, 2014, and are hereby promulgated and shall come into effect on the date of promulgation.
Mayor Zhang Hongming
August 5, 2014
In order to regulate the trading of live poultry, prevent and control the occurrence and spread of human infection with highly pathogenic avian influenza, protect public health, and ensure public health safety, in accordance with the "Animal Epidemic Prevention Law of the People's Republic of China" and the "Infectious Diseases of the People's Republic of China" The Prevention and Control Law, the Zhejiang Provincial Animal Epidemic Prevention Regulations and other laws and regulations are formulated based on the actual situation of this city.
Article 2 These Measures shall apply to the management of live poultry trade within the administrative region of this city.
The term “live poultry” as mentioned in these Measures includes chickens, ducks, geese, meat pigeons, quails, domesticated and bred or captured wild poultry and other poultry for food, as well as various types of ornamental poultry that are farmed or captured.
Article 3 The trading of edible poultry animals in this city shall implement strict quarantine and isolation management, and promote designated slaughtering and cold market.
People's governments at all levels in this city should carry out publicity on safe consumption of poultry and poultry products, and guide the public to form healthy poultry consumption habits.
Article 4 The municipal market supervision department is responsible for the supervision and management of live poultry operations within the administrative area of this city; the market supervision departments of each district, county (city) are responsible for the supervision and management of live poultry operations within their respective jurisdictions in accordance with the prescribed division of responsibilities.
The municipal agricultural administrative department is responsible for the supervision and management of animal diseases in the live poultry trade and the designated slaughter management of edible poultry animals within the administrative area of the city; the agricultural administrative departments of each district, county (city) shall implement the specific implementation of live poultry operations within their jurisdiction in accordance with the prescribed division of responsibilities. Supervision and management of animal diseases in trade and designated slaughter management of edible poultry animals.
The commercial administrative departments at all levels in this city are responsible for promoting the construction of the cold and fresh poultry product supply system within their jurisdiction.
The urban management law enforcement departments at all levels in this city are responsible for investigating and punishing the behavior of unlicensed and unlicensed mobile vendors operating live poultry within their jurisdictions in accordance with the law.
Administrative departments such as health, environmental protection, planning, land, transportation, finance, and forestry should coordinate and manage live poultry transactions in accordance with their respective responsibilities.
Article 5 It is prohibited to establish live poultry retail markets and live poultry wholesale markets within the urban area of this city, and ornamental poultry animal trading areas are not allowed to be established in flower and pet markets.
The areas within each county (city) where it is prohibited to establish live poultry retail markets, live poultry wholesale markets, flower pet markets, and ornamental poultry animal trading areas shall be determined and announced by the county (city) people's government.
The term "live poultry retail market" as mentioned in these Measures includes live poultry retail markets, farmers' markets, shopping malls, supermarkets' live poultry trading areas, and live poultry retail stores.
Article 6 No live poultry trading shall be conducted in areas where the establishment of live poultry retail markets and live poultry wholesale markets is prohibited as stipulated in Article 5 of these Measures.
Catering service providers shall not purchase live poultry for raising, selling, slaughtering or processing in the areas specified in Article 5 of these Measures.
Article 7 This city prohibits the establishment of live poultry retail markets and the supply of edible poultry products in live poultry wholesale markets, and implements designated slaughter management. The management of designated slaughtering of edible poultry shall be implemented in accordance with relevant national and provincial laws, regulations and rules.
Article 8 The plan for the establishment of a live poultry wholesale market shall be prepared by the municipal commerce administrative department in conjunction with the administrative departments of agriculture, health, market supervision, planning, land, and environmental protection, and shall be implemented after approval by the Municipal People's Government. The opinions of the people's governments of various districts, counties (cities) should be solicited when formulating plans for the establishment of live poultry wholesale markets.
The planning for the establishment of live poultry retail markets and live poultry wholesale markets within each county (city) area shall be prepared by the relevant management departments organized by the people's government of each county (city).
Article 9 The live poultry retail markets, live poultry wholesale markets and designated slaughterhouses (factories) established according to the plan shall meet the animal epidemic prevention conditions stipulated in the "Animal Epidemic Prevention Law of the People's Republic of China".
Article 10 The establishment of live poultry retail markets and live poultry wholesale markets shall meet the following requirements:
(1) The trading area and the slaughtering area are set up independently and enclosed, strictly separated from other business areas, and have independent entrances and exits to the outside world;
(2) The waterfowl trading area and the landfowl trading area should be set up separately;
(3) Equipped with facilities such as exhaust, water supply and drainage, cleaning pools, operation desks, and garbage collection, with good ventilation;
(4) Facilities, equipment and their installation comply with fire protection, environmental protection, food safety and other requirements.
Article 11 The live poultry trade in this city implements a regular market closing system. The live poultry retail market and live poultry wholesale market shall not be open for more than 10 consecutive days, and the market shall be closed for no less than 3 days per month. The organizers of live poultry retail markets and live poultry wholesale markets shall report the closing dates in advance to the local market supervision department on a quarterly basis and publicize them at the business premises.
During the market recess, the organizers of live poultry retail markets and live poultry wholesale markets should clear away the live poultry in the business premises, and clean and disinfect the venues, facilities and equipment in the trading and slaughtering areas in accordance with health and epidemic prevention requirements.
Article 12 The Municipal People's Government may decide to suspend the trading of live poultry within the administrative region of this Municipality based on the monitoring of avian influenza and other epidemic diseases and the assessment of seasonal incidence patterns. The time and period of suspension of trading shall be announced to the public by the Municipal People's Government.
If each county (city) needs to implement measures to suspend live poultry trading within its own administrative region, the county (city) people's government shall issue an announcement.
During the period of suspension of live poultry trading, live poultry retail markets and live poultry wholesale markets should stop live poultry trading. The municipal, district, county (city) people's governments shall provide compensation after assessment based on the impact of the suspension of trading on live poultry operators, poultry breeding units and individuals.
Article 13 Edible poultry animals entering live poultry retail markets, live poultry wholesale markets and designated slaughterhouses (factories) shall be accompanied by animal quarantine certificates or quarantine information traceability certificates.
The market supervision department shall supervise and inspect the inspection and use of animal quarantine certificates or quarantine information traceability certificates in live poultry retail markets and live poultry wholesale markets.
Article 14 The organizers of live poultry retail markets and live poultry wholesale markets shall comply with the following regulations:
(1) Establish and improve systems for sanitation, disinfection, harmless treatment, regular market closing, etc. and make them public;
(2) Organize daily cleaning and disinfection of live poultry trading venues, slaughter areas and related facilities and equipment, collect waste and dead poultry, and conduct harmless treatment in accordance with relevant regulations;
(3) Establish live poultry operation and management files, check animal quarantine certificates, and quarantine information traceability certificates;
(4) Carry out health protection training for live poultry trading employees and implement health management requirements and health protection measures;
(5) Develop an emergency plan for the prevention and control of avian influenza. If a large number of live poultry are found to die suddenly and rapidly or there are suspicious clinical symptoms of avian influenza, the animal health supervision agency shall be immediately reported to the animal health supervision agency in accordance with the law and corresponding measures shall be taken.
Article 15 Live poultry operators shall publish animal quarantine certificates or quarantine information traceability certificates at the business premises, keep written records of live poultry procurement, and strictly implement management systems such as regular market closure, disinfection, and harmless treatment of live poultry transactions. Avoid overstocking or retaining live poultry in the market.
Practitioners in the live poultry trade should master basic health protection knowledge, and during the process of trading and slaughtering live poultry, they should take personal protection measures in accordance with the relevant requirements of the health administrative department.
Article 16 Edible poultry animals sold in live poultry retail markets must be slaughtered before being delivered to the buyer.
Article 17 During the period of suspension of live poultry trading, except for the transportation of breeding poultry and young poultry and direct transportation to designated slaughterhouses (factories) for slaughter, no live poultry may be transported into this city.
During the period of suspension of live poultry trading, animal health supervision agencies should increase the frequency of live poultry transportation and quarantine supervision and spot inspections.
Article 18 The agricultural administrative departments at all levels in this city shall carry out monitoring and control of relevant animal diseases in live poultry retail markets, live poultry wholesale markets, and designated slaughterhouses (factories).
Disease prevention and control agencies at all levels in this city should carry out surveillance and control of human infection with avian influenza and other epidemics among workers in the live poultry trade.
Article 19 Within the areas specified in Article 5 of these Measures, legally established live poultry retail markets and live poultry wholesale markets shall be closed by the district, county (city) people's governments in accordance with the law, and compensation shall be provided after evaluation.
Article 20 Anyone who violates the provisions of Article 6 of these Measures and conducts live poultry trading in areas where live poultry trading is prohibited shall be fined not less than RMB 1,000 but not more than RMB 3,000 by the market supervision department; in violation of the provisions of Paragraph 2, the catering service provider shall If live poultry is raised, sold, slaughtered, or processed in areas where live poultry trading is prohibited, the market supervision department will impose a fine of not less than 2,000 yuan but not more than 10,000 yuan.
The administrative penalties stipulated in the preceding paragraph, according to the "Regulations on Relatively Concentrated Administrative Penalty Powers in Urban Management of Zhejiang Province" and the "Measures for the Implementation of Relatively Concentrated Administrative Penalty Powers in Urban Management of Hangzhou", if they fall within the scope of the urban management law enforcement department, they shall be implemented by the urban management law enforcement departments in accordance with the law. Administrative penalties.
Article 21 Anyone who violates the provisions of Article 10 of these Measures and sets up a live poultry retail market or a live poultry wholesale market that does not meet the requirements shall be ordered by the market supervision department to make rectifications within a time limit; if rectifications are not made within the time limit, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed. ; If the requirements are still not met after rectification, the district, county (city) people's government will organize relevant management departments to close it down in accordance with the law.
Article 22 If any live poultry retail market or live poultry wholesale market conducts live poultry trading during the market closing period in violation of Article 11 of these Measures, the market supervision department shall impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
Article 23 If a live poultry retail market or live poultry wholesale market conducts live poultry trading during the suspension of trading in violation of the provisions of paragraph 3 of Article 12 of these Measures, the market supervision department shall impose a fine of not less than RMB 10,000 but not more than RMB 30,000. ; If the circumstances are serious, a fine of not less than 30,000 yuan but not more than 50,000 yuan will be imposed.
Article 24 In violation of the second paragraph of Article 14 of these Measures, live poultry retail markets and live poultry wholesale markets fail to organize daily cleaning and disinfection of live poultry trading places, slaughtering areas and related facilities and equipment or fail to clean and disinfect discarded poultry. If animals and dead poultry are treated harmlessly, the market supervision department shall impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
In violation of the third paragraph of Article 14 of these Measures, if the live poultry retail market or live poultry wholesale market fails to inspect the animal quarantine certificate and quarantine information traceability certificate, the market supervision department shall impose a fine of not less than 1,000 yuan but not more than 5,000 yuan.
