Measures of Hangzhou Municipality on the Administration of Restricting Live Bird Trading

Measures of Hangzhou Municipality on the Administration of Restricting Live Bird Trading
Order of Hangzhou Municipal People’s Government
No.280

　　《Measures of Hangzhou Municipality on the Administration of Restricted Live Bird Trading have been adopted at the 26th executive meeting of the Municipal People’s Government on July 14, 2014, and are hereby promulgated and shall come into force as of the date of promulgation.

　　the first In order to regulate live poultry trading behavior, prevent and control the occurrence and spread of human infection with highly pathogenic avian influenza, protect public health and ensure public health safety, these measures are formulated in accordance with the laws and regulations such as the Law of People’s Republic of China (PRC) on Animal Epidemic Prevention, the Law of People’s Republic of China (PRC) on the Prevention and Control of Infectious Diseases, and the Regulations of Zhejiang Province on Animal Epidemic Prevention, combined with the actual situation of this Municipality.
　　the second These Measures shall apply to the management of live poultry trading within the administrative area of this Municipality.
　　The term "live birds" as mentioned in these Measures includes chickens, ducks, geese, pigeons, quails, wild birds domesticated or captured artificially, and all kinds of ornamental birds raised or captured.
　　Article The trading of edible poultry and animals in this city is subject to strict quarantine, isolated management, fixed-point slaughter and cold and fresh listing.
　　People’s governments at all levels in this Municipality shall publicize the knowledge of safe consumption of poultry and poultry products, and guide the public to form healthy consumption habits of poultry.
　　Article 4 The municipal market supervision department is responsible for the supervision and management of live poultry business within the administrative area of this Municipality; The district and county (city) market supervision departments shall be responsible for the supervision and management of live poultry business within their respective jurisdictions in accordance with the prescribed division of responsibilities.
　　The municipal administrative department of agriculture shall be responsible for the supervision and management of animal diseases in live poultry trading and the management of designated slaughter of edible poultry animals within the administrative area of this Municipality; The competent agricultural administrative departments of all districts and counties (cities) shall, in accordance with the prescribed division of responsibilities, specifically implement the supervision and management of animal diseases in live poultry trading and the management of designated slaughter of edible poultry animals within their respective jurisdictions.
　　The competent commercial administrative departments at all levels in this Municipality are responsible for promoting the construction of chilled poultry products supply system within their respective jurisdictions.
　　Urban management and law enforcement departments at all levels in this Municipality are responsible for investigating and dealing with the behavior of unlicensed mobile vendors operating live birds within their respective jurisdictions according to law.
　　Health, environmental protection, planning, land, transportation, finance, forestry and other administrative departments shall, in accordance with their respective responsibilities, cooperate in the management of live poultry transactions.
　　Article 5 It is forbidden to set up live poultry retail market and live poultry wholesale market within the urban area of this Municipality, and no ornamental poultry animal trading area shall be set up in the flower pet market.
　　Counties (cities) prohibit the establishment of live poultry retail market, live poultry wholesale market, flower pet market to watch poultry and animals trading areas, and the county (city) people’s government shall determine and publish them.
　　The term "live poultry retail market" as mentioned in these Measures includes professional live poultry retail markets, live poultry trading areas in farmers’ markets, shopping malls and supermarkets, and live poultry retail stores.
　　Article 6 No live poultry transaction shall be conducted in the area where the establishment of live poultry retail market and live poultry wholesale market is prohibited as stipulated in Article 5 of these Measures.
　　Catering service providers shall not purchase live poultry for feeding, selling, slaughtering or processing in the areas specified in Article 5 of these Measures.
　　Article 7 The city prohibits the establishment of live poultry retail market and live poultry wholesale market area for the supply of edible poultry products, and implements the management of fixed-point slaughter. The management of fixed-point slaughter of edible poultry shall be implemented in accordance with the relevant laws, regulations and rules of the state and province.
　　Article 8 The establishment planning of the live poultry wholesale market shall be compiled by the municipal administrative department of commerce in conjunction with the administrative departments of agriculture, health, market supervision, planning, land and environmental protection, and implemented after being approved by the Municipal People’s government. The opinions of the people’s governments of all districts and counties (cities) shall be sought for the establishment planning of the live poultry wholesale market.
　　County (city) regional live poultry retail market, live poultry wholesale market planning, by the people’s government to organize the relevant administrative departments to prepare.
　　Article 9 According to the planning, the live poultry retail market, live poultry wholesale market and designated slaughterhouses (factories) shall meet the animal epidemic prevention conditions stipulated in the Law of People’s Republic of China (PRC) on Animal Epidemic Prevention.
　　Article 10 The establishment of live poultry retail market and live poultry wholesale market shall meet the following requirements:
　　(1) The trading area and the slaughtering area are closed independently, strictly separated from other business areas, and have independent entrances and exits;
　　(two) the waterfowl trading area and the dry bird trading area are set separately;
　　(three) equipped with exhaust, water supply and drainage, cleaning pool, operation desk and garbage collection facilities, well ventilated;
　　(four) facilities and equipment and their installation meet the requirements of fire protection, environmental protection and food safety.
　　Article 11 Live poultry trading in this city implements a system of regular market closures. Live poultry retail market and live poultry wholesale market shall not be open for more than 10 consecutive days, and shall be closed for no less than 3 days every month. The organizers of the live poultry retail market and the live poultry wholesale market shall report the closing date to the local market supervision department in advance on a quarterly basis and publicize it in the business premises.
　　During the closing period, the organizers of the live poultry retail market and the live poultry wholesale market shall empty 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 the requirements of health and epidemic prevention.
　　Article 12 The Municipal People’s Government may decide to suspend live poultry trading within the administrative area of this Municipality according to the monitoring of avian influenza and other epidemics and the evaluation of seasonal incidence. The time and duration of suspension of trading shall be announced to the public by the Municipal People’s Government.
　　Counties (cities) need to implement measures to suspend live poultry trading within their respective administrative areas, and the county (city) people’s government will issue an announcement.
　　During the suspension of live poultry trading, the live poultry retail market and the live poultry wholesale market shall stop the live poultry trading. City, county (city) people’s government shall, according to the impact of the suspension of trading on live poultry operators, poultry breeding units and individuals, make compensation after evaluation.
　　Article 13 Edible poultry animals entering the live poultry retail market, live poultry wholesale market and designated slaughterhouses (factories) shall be accompanied by animal quarantine certificate or quarantine information traceability certificate.
　　The market supervision department shall supervise and inspect the inspection of live poultry retail market and live poultry wholesale market, and the use of animal quarantine certificate or quarantine information traceability certificate.
　　Article 14 The organizers of the live poultry retail market and the live poultry wholesale market shall abide by the following provisions:
　　(a) to establish and improve the system of sanitation, disinfection, harmless treatment, regular closure and publicity;
　　(two) daily cleaning and disinfection of live poultry trading places, slaughter areas and related facilities and equipment, collection of waste and dead poultry, and harmless treatment in accordance with the relevant provisions;
　　(three) the establishment of live poultry management files, inspection of animal quarantine certificate, quarantine information traceability certificate;
　　(four) to carry out health protection training for live poultry traders, and to implement health management requirements and health protection measures;
　　(five) to formulate an emergency plan for the prevention and control of avian influenza, and to report to the animal health supervision agency immediately according to law and take corresponding measures if it is found that a large number of live birds suddenly die rapidly or have suspicious clinical symptoms of avian influenza.
　　Article 15 Live poultry operators shall publicize the animal quarantine certificate or quarantine information traceability certificate in the business premises, make a written record of live poultry procurement, and strictly implement the management system of regular closure, disinfection and harmless treatment of live poultry transactions to avoid overstocking and detention of live poultry in the market.
　　Practitioners of live poultry trading should master basic knowledge of health protection, and in the process of live poultry trading and slaughter, they should take personal protective measures in accordance with the relevant requirements of the health administrative department.
　　Article 16 Edible poultry animals sold in the live poultry retail market shall be slaughtered before being delivered to the buyer.
　　Article 17 During the suspension of live poultry trading, live poultry shall not be transported into the city except for breeding poultry and young poultry transportation and direct transportation to designated slaughterhouses (factories) for slaughter.
　　During the suspension of live poultry trading, the animal health supervision institution shall increase the frequency of live poultry transportation quarantine supervision and spot checks.
　　Article 18 Agricultural administrative departments at all levels in this Municipality shall carry out the monitoring and control of related animal diseases in live poultry retail market, live poultry wholesale market and designated slaughterhouses (factories).
　　Disease prevention and control institutions at all levels in this Municipality shall carry out monitoring and control of human infection with avian influenza and other epidemic situations for live poultry traders.
　　Article 19 In the areas specified in Article 5 of these Measures, the legally established live poultry retail market and live poultry wholesale market shall be closed by the district and county (city) people’s governments according to law and compensated after evaluation.
　　Article 20 In violation of the provisions of the first paragraph of Article 6 of these Measures, the market supervision department shall impose a fine of not less than 3,000 yuan from 1000 yuan in the area where live poultry trading is prohibited; In violation of the provisions of the second paragraph, catering service providers who purchase live poultry for breeding, selling, slaughtering and processing in areas where live poultry trading is prohibited shall be fined between 2,000 yuan and 10,000 yuan by the market supervision department.
　　The administrative punishment prescribed in the preceding paragraph, according to the "Regulations on the Power of Administrative Punishment in Relatively Centralized Urban Management in Zhejiang Province" and the "Measures for the Implementation of the Power of Administrative Punishment in Relatively Centralized Urban Management in Hangzhou", belongs to the scope of functions and powers of urban management law enforcement departments, and shall be implemented by urban management law enforcement departments according to law.
　　Article 21 In violation of the provisions of article tenth of these measures, the establishment of live poultry retail market and live poultry wholesale market does not meet the requirements, and the market supervision department shall order it to make rectification within a time limit; Overdue rectification, punishable by a fine of 5000 yuan and 20 thousand yuan; If the rectification still fails to meet the requirements, the district and county (city) people’s governments shall organize relevant administrative departments to close them down according to law.
　　Article 22 In violation of the provisions of Article 11 of these measures, the live poultry retail market and the live poultry wholesale market conduct live poultry trading during the closed period, and the market supervision department shall impose a fine of more than 5,000 yuan and less than 20,000 yuan.
　　Article 23 In violation of the provisions of the third paragraph of Article 12 of these measures, if the live poultry retail market and the live poultry wholesale market conduct live poultry trading during the suspension of trading, the market supervision department shall impose a fine of 10,000 yuan to 30,000 yuan; If the circumstances are serious, a fine of not less than 30 thousand yuan but not more than 50 thousand yuan shall be imposed.
　　Article 24 In violation of the provisions of the second paragraph of Article 14 of these measures, the live poultry retail market and the live poultry wholesale market fail to organize daily cleaning and disinfection of live poultry trading places, slaughter areas and related facilities and equipment, or fail to carry out harmless treatment of waste and dead poultry, and the market supervision department shall impose a fine of more than 5,000 yuan and less than 20,000 yuan.
　　In violation of the provisions of the third paragraph of Article 14 of these measures, if the live poultry retail market and the live poultry wholesale market fail to check the animal quarantine certificate and the traceability certificate of quarantine information, the market supervision department shall impose a fine of more than 5,000 yuan from 1000 yuan.
　　Article 25 In violation of the provisions of article sixteenth of these measures, if the operator in the live poultry retail market fails to slaughter the live poultry for sale and delivers it to the buyer, the market supervision department shall give a warning; If the circumstances are serious, a fine of not less than 3,000 yuan shall be imposed on 1000 yuan.
　　Article 26 These Measures shall come into force as of the date of promulgation.