(Adopted at the Fortieth Session of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on March 31, 2020)
Article 1 For the purpose of effectively preventing major public health hazards, effectively protect human life and health, enhance ecological conservation for harmony between man and nature, these Regulations are hereby formulated in accordance with the Decision of the Standing Committee of the National Peoples Congress on a Complete Ban of Illegal Wildlife Trade and the Elimination of the Unhealthy Habit of Indiscriminate Wild Animal Meat Consumption for the Protection of Human Life and Health and the relevant laws and regulations and in light of actual circumstances of Shenzhen Special Economic Zone.
Article 2 Consumption of the following wild animals and related products shall be prohibited:
(1) Wild animals under national priority protection and other terrestrial wild animals naturally growing and reproducing in the wild;
(2) Terrestrial wild animals bred artificially or in captivity.
It is prohibited from consuming any animals and related products for non-food use including but not limited to scientific experiments, public exhibition, and pet-raising.
Article 3 Consumable animals include:
(1) Pigs, cattles, sheep and goats, donkeys, rabbits, chickens, ducks, geese, pigeons, quails and domestic other poultry and livestock listed in the National Catalogue of Livestock and Poultry Genetic Resources, which are raised for food use;
(2) Aquatic animals that are not prohibited from being consumed by laws and regulations.
Article 4 No entity or individual may, for the purpose of providing food, produce or trade any animals and their products that are prohibited from being consumed.
Article 5 No entity or individual may, for the food use, provide any site or transaction service for producing and trading any animals that are prohibited from being consumed and related products.
Article 6 No entity or individual may, for the food use, breed or raise any animals that are prohibited from being consumed, and the breeding or rasing any animals for non-food use including but not limited to scientific experiment, public exhibition and pet-raising shall be subject to provisions of relevant laws and regulations.
Article 7 No entity or individual may publish any advertisement that may promote or induce people to consume any animals that are prohibited from being consumed,and related products, and shall not adopt the names, nicknames, or patterns of any animals that are prohibited from being consumed and related products in any brands or menus of restaurants.
Article 8 Where any animals that are prohibited from being consumed and related products are used as medicine, it shall be subject to laws and regulations related to medicine administration.
It is prohibited from consuming, producing or trading under the pretext of herbal cuisine, any animals that are prohibited from being consumed and related products.
Article 9 Consumable animals are encouraged to be delivered through cold chain.
The following acts are prohibited:
(1) Slaughter of any poultry or livestock without authorization;
(2) Sale of any poultry or livestock slaughtered without authorization;
(3) Sale of any poultry or livestock to consumers for food use.
Article 10 Municipal and district people's governments shall enhance the leadership and organization of the work about a complete ban on the consumption of wild animals, organize and supervise relevant departments to perform their supervision and administration roles and responsibilities in accordance with law, strengthen coordination and cooperation, and make greater efforts on supervision, inspection, and responsibility investigation.
Article 11 The department of planning and natural resources shall be responsible for supervision, administration, and business guidance on activities including but not limited to protection, artificial breeding and farming of wild animals.
The market administration department shall be responsible for supervision and administration over activities including production, trade or advertisement of animals that are prohibited from being consumed an related products conducted in commodity trading venues, restaurants, or on online transaction platforms, as well as consuming activities of animals that are prohibited from being consumed and related products.
The urban management and law enforcement department shall be responsible for supervision and administration over trading of animals that are prohibited from being consumed and related products conducted in mobile vendors and temporary trading venues.
The departments of education, public security, health, customs, etc., shall, according to their respective responsibilities, effectively carry out the work related to the implementation of these Regulations.
Article 12 Relevant departments, educational institutions at all levels and of all types, people's organizations, social organizations, and news media, etc., shall proactively carry out promotion and education on the complete ban of the consumption of wild animals.
Article 13 All citizens in Shenzhen Municipality shall enhance the awareness of ecological environment protection and public healthcare and safety, resolutely eliminate the unhealthy habit of indiscriminate consumption of wild animals, and cultivate a scientific, healthy, and civilized lifestyle.
Article 14 For any act in violation of any provision herein, any entity or individual has the right to complain and report to relevant departments.
Article 15 For any entity or individual with the license to breed or farm wild animals within Shenzhen Special Economic Zone suffers a loss due to the revocation or change of administrative license as a result of the implementation of these Regulations, municipal and district people's governments shall grant compensation in accordance with law.
Article 16 For any individual who is in violation of Article 2 herein in any restaurant, dining site, or canteen, the market regulation department shall order the individual to stop such illegal act, and then shall confiscate the animals and related products, and impose a sum of penalty on the individual according to provisions as follows:
(1) For any individual who, on purpose, consumes wild animals under national priority protection and related products, he/she shall be imposed to a penalty equal to a sum that is no less than five times but no more than thirty times the value or goods value, while the organizer shall be imposed to a heavier punishment;
(2) For any individual who, on purpose, consumes wild animals that are prohibited from being consumed and related products, other than those under national priority protection, he/she shall be imposed to a penalty equal to a sum that is no less than twice but no more than ten times the value or goods value, while the organizer shall be imposed to a heavier punishment.
For any individual who is in violation of Article 2 herein in any site other than that abovementioned, he/she shall be punished in accordance with relevant laws and regulations.
Article 17 For any entity or individual who is violation of Article 4 herein, the market regulation department and urban administration and law enforcement department shall order the entity or individual, in accordance with their respective responsibilities, to stop such illegal act, confiscate the animals, related products, and illegal gains, and impose a sum of penalty on the entity or individual according to provisions as follows; if the circumstance is severe, relevant license shall be revoked in accordance with law:
(1) If any entity or individual produces or trades wild animals under national priority protection and related products for food use, while the value or goods value is less than 10,000 yuan, such entity or individual shall be imposed to a penalty equal to a sum no less than 150,000 yuan but no more than 200,000 yuan; while the value or goods value is no less than 10,000 yuan, the entity or individual shall be imposed to a penalty equal to a sum no less than twenty times but no more than thirty times the value or goods value;
(2) If any agency or individual produces or trades wild animals that are prohibited from being consumed and related products for food use, other than those of national priority protection, while the value or goods value is less than 10,000 yuan, the entity or individual shall be imposed to a penalty equal to a sum no less than 100,000 yuan but no more than 150,000 yuan; while the value or goods value is no less than 10,000 yuan, the entity or individual shall be imposed to a penalty equal to a sum no less than fifteen times but no more than twenty times the value or goods value.
Article 18 If any entity or individual, in violation of Article 5 herein. provides any site or transaction service for producing and trading, for the food use, any animals that are prohibited from being consumed and related products, the market regulation department shall order such entity or individual to stop the illegal act, and then shall confiscate the illegal gains, and impose a penalty that is no less than three times but no more than ten times the illegal gains on the entity or individual; in case of no illegal gains, such entity or individual shall be imposed to a penalty no less than 10,000 yuan but no more than 50,000 yuan; if the entity or individual knowingly provide the site or transaction service to those who produces or trades any animals that are prohibited from being consumed and related products, such entity or individual shall be given a heavier punishment.
Article 19 If any entity or individual is in violation of Article 6 herein, the planning and natural resources department, and urban administration and law enforcement department shall order such entity or individual, in accordance with their respective responsibilities, to stop such illegal act, confiscate the animals and illegal gains, and impose a sum of penalty on the entity or individual according to provisions as follows; if the circumstance is severe, relevant license shall be revoked in accordance with law:
(1) If any entity or individual, for food use, breeds or farms wild animals under national priority protection, the entity or individual shall be imposed to a penalty no less than five times but no more than twenty times the value or goods value;
(2) If any entity or individual, for food use, breeds or farms wild animals that are prohibited from being consumed, other than those under national priority protection, such entity or individual shall be imposed to a penalty no less than two times but no more than five times the value or goods value.
Article 20 If any entity or individual, in violation of Article 7 herein, publishes any advertisement that may promote or induce people to eat any animals that are prohibited from being consumed and related products, the market regulation department shall order such entity or individual to stop such publication of advertisement, and punish the entity or individual in accordance with Advertisement Law of the People's Republic of China and relevant laws and regulations; if any entity or individual adopts the names, nicknames, or patterns of any animals that are prohibited from being consumed and related products in any brands or menus of restaurants, the market regulation department and the urban administration and law enforcement department shall, in accordance with their respective responsibilities, order such entity or individual to dismantle or destroy the relevant brands or menus within a time limit, and shall impose a penalty no less than 10,000 yuan but no more than 50,000 yuan on the entity or individual.
Article 21 If any entity or individual, in violateion of Paragraph 2 of Article 8 herein, consumes, any animals that are prohibited from being consumed and related products under the pretext of herbal cuisine,, such entity or individual shall be punished in accordance with Article 16 herein; if any entity or individual produces or trades, under the pretext of herbal cuisine, any animals that are prohibited from being consumed and related products, the entity or individual shall be punished in accordance with Article 17 herein.
Article 22 If any entity or individual violates Paragraph 2 of Article 9 herein, the market regulation department and the urban administration and law enforcement department shall order, in accordance with their respective responsibilities, to stop such illegal act, and confiscate the animals and illegal gains, and impose a penalty of no less than 10,000 yuan but no more than 30,000 yuan on the entity or individual if the value or goods value is no more than 10,000 yuan; or impose a penalty of no less than three times but no more than five times the value or goods value if the value or goods value is no less than 10,000 yuan; if any entity or individual kills poultry or livestock without license, the relevant tools and equipment shall also be confiscated.
Article 23 If any entity or individual violates Articles 4, 5, and 8 herein and a crime is constituted, the entity or individual shall be investigated for criminal responsibility.
Article 24 If any entity or individual violates provisions herein and is imposed to corresponding administrative penalty, the information on the illegal act shall be inputted into the public credit information system and punishment measures shall be implemented by the relevant departments in accordance with law.
Article 25 For any penalty herein, the municipal planning and natural resources department, municipal market regulation department, and municipal urban administration and law enforcement department shall formulate specific implementation standards.
Article 26 These Regulations shall come into force on May 1, 2020. The Several Provisions of Shenzhen Special Economic Zone on Prohibition of Consumption of Wild Animals shall be repealed simultaneously.
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