Regulations on the Prevention and Control of Farm Animals and Poultry Farming Pollution

Regulations on Prevention and Control of Pollution from Livestock and Poultry Scale Chapter I General Provisions Article 1 In order to prevent livestock and poultry breeding pollution, promote the comprehensive utilization and harmless treatment of livestock and poultry breeding waste, protect and improve the environment, protect public health, and promote the sustainability of livestock husbandry. For healthy development, this Regulation is formulated.

Article 2 This Regulation applies to the prevention and control of breeding pollution in livestock and poultry farms and breeding communities.

The scale standards of livestock and poultry breeding farms and breeding communities are determined according to the development status of livestock husbandry and pollution prevention and control requirements for livestock and poultry.

For the prevention and control of grazing and aquaculture in pastoral areas, this Regulation does not apply.

Article 3 The prevention and control of livestock and poultry farming pollution shall comprehensively consider the need to protect the environment and promote the development of animal husbandry, adhere to the principle of prevention and prevention and control, and implement overall planning, rational distribution, comprehensive utilization, and encouragement and guidance.

Article 4 The people's governments at various levels shall strengthen the organization and leadership of pollution prevention and control of livestock and poultry breeding, take effective measures, increase capital investment, support pollution prevention and control of livestock and poultry breeding, and comprehensive utilization of livestock and poultry breeding waste.

Article 5 The competent department of environmental protection of the people's government at or above the county level shall be responsible for the unified supervision and control of the pollution prevention of livestock and poultry breeding.

The competent department of agriculture and animal husbandry of the people's government at or above the county level shall be responsible for the guidance and service of comprehensive utilization of livestock and poultry breeding waste.

The comprehensive management department of circular economy development of the people's government at or above the county level is responsible for the organization and coordination of circular economy work for livestock and poultry breeding.

Other relevant departments of the people's government at or above the county level shall be responsible for the prevention and control of pollution in livestock and poultry breeding in accordance with the provisions of these Regulations and their respective duties.

The township people's government shall assist the relevant departments to do a good job in the prevention and control of livestock and poultry breeding pollution in their administrative areas.

Article 6 The activities involving the comprehensive utilization and safe disposal of livestock and poultry, livestock and poultry breeding wastes shall comply with the State's requirements for prevention and control of livestock and poultry pollution, and shall be subject to supervision and inspection by relevant competent authorities in accordance with the law.

Article 7 The State encourages and supports the scientific and technological research and equipment development for the prevention and control of pollution from livestock and poultry breeding and the comprehensive utilization and safe disposal of livestock and poultry breeding waste. The people's governments at various levels shall support the promotion of advanced and applicable technologies and promote the improvement of pollution prevention and control in livestock and poultry breeding.

Article 8 Any unit or individual has the right to report to the relevant departments of environmental protection and other people's governments at or above the county level in violation of the provisions of these Regulations. The department receiving the report shall promptly investigate and handle it.

Units and individuals that have made outstanding contributions to the prevention and control of pollution from livestock and poultry shall be commended and rewarded in accordance with relevant state regulations.

Chapter II Prevention Article 9 The competent department of agriculture and animal husbandry of the people's government at or above the county level shall prepare the development plan for animal husbandry and report it to the people's government at the corresponding level or its authorized department for approval. The animal husbandry development plan shall comprehensively consider the environmental carrying capacity and the pollution prevention and control requirements for livestock and poultry, rationally allocate and scientifically determine the species, scale, and total amount of livestock and poultry husbandry.

Article 10 The competent department of environmental protection of the people's government at or above the county level shall, together with the competent department of agriculture and animal husbandry, work out plans for the prevention and control of pollution by livestock and poultry, and report it to the people's government at the same level or its authorized department for approval and implementation. The livestock and poultry breeding pollution prevention and control plan shall be linked to the animal husbandry development plan, and shall consider the livestock and poultry breeding production layout as a whole, clarify the pollution control targets, tasks, and key areas for livestock and poultry breeding, specify the construction of key pollution control facilities, and comprehensive utilization of waste and other pollution. Prevention.

Article 11 It is prohibited to build livestock breeding farms and breeding communities in the following areas:

(1) drinking water source protection areas and scenic spots;

(2) The core areas and buffer zones of nature reserves;

(3) Population concentration areas such as urban residential areas, cultural education and scientific research areas, etc.;

(4) Other areas prohibited by laws and regulations for breeding areas.

Article 12 The construction, renovation or expansion of livestock and poultry breeding farms and breeding communities shall be in accordance with the livestock husbandry development plan, the livestock and poultry breeding pollution prevention and control plan, the animal epidemic prevention conditions, and the environmental impact assessment. The large-scale livestock and poultry farms and aquaculture communities that may have a significant impact on the environment shall prepare an environmental impact report; other livestock and poultry farms and aquaculture communities shall fill in environmental impact registration forms. The list of management of large-scale livestock and poultry breeding farms and breeding communities shall be determined by the competent department of environmental protection under the State Council in consultation with the competent department of agriculture and animal husbandry of the State Council.

The focus of environmental impact assessment should include: the type and quantity of wastes produced from livestock and poultry breeding, the comprehensive utilization and harmless disposal of wastes and the treatment measures and measures, the situation of wastes' disposal and disposal, and the direct discharge to the environment. Impacts on the environment and human health such as water and soil, as well as programs and measures to control and reduce impacts.

Article 13 Livestock and poultry breeding farms and breeding communities shall, according to the scale of breeding and the need for pollution prevention and control, build corresponding livestock and poultry excrement, sewage and rainwater flow facilities, livestock and poultry manure, sewage storage facilities, and anaerobic digestion and stacking of manure. , Comprehensive utilization of organic fertilizer processing, preparation of biogas, separation and transportation of biogas residue biogas slurry, sewage treatment, livestock and poultry carcasses, and harmless treatment facilities. Those who have already entrusted others to substitute livestock and poultry breeding wastes for comprehensive utilization and innocent treatment may not build their own facilities for comprehensive utilization and innocent treatment.

Where no supporting facilities for the prevention and control of pollution are established, the supporting facilities constructed by themselves are unqualified, or no one has entrusted others to conduct comprehensive utilization and innocent treatment of the livestock and poultry breeding waste, the livestock and poultry breeding farms and breeding areas shall not be put into production or use.

Where livestock breeding farms and breeding communities build pollution prevention and control facilities on their own, they shall ensure their normal operation.

Article 14 When engaging in livestock and poultry breeding activities, effective measures such as scientific feeding methods and waste disposal techniques shall be taken to reduce the amount of livestock and poultry breeding waste and the amount of emissions to the environment.

Chapter III Comprehensive Utilization and Governance Article 15 The State encourages and supports the use of manure returning, biogas production, organic fertilizer production, and other methods to comprehensively utilize livestock and poultry breeding waste.

Article 16 The State encourages and supports the adoption of a combination of planting and breeding methods to eliminate the use of livestock and poultry breeding waste, and promote the use of wastes such as livestock and poultry excreta and sewage on the spot.

Article 17 The State encourages and supports the comprehensive utilization of wastes such as biogas production and organic fertilizer production, as well as the construction of related supporting facilities such as the transfer and application of biogas slurry and biogas slurry, and biogas power generation.

Article 18 The use of livestock manure, sewage, biogas residue, biogas slurry, etc. as fertilizer shall be compatible with the capacity of the land to absorb, and take effective measures to eliminate microorganisms that may cause infectious diseases and prevent pollution and spread of the environment. Diseases.

Article 19 When engaging in livestock and poultry breeding activities and livestock and poultry breeding waste disposal activities, livestock and poultry excrement, livestock and poultry carcasses, and sewage shall be collected, stored, removed and transported in time to prevent odor and leakage of livestock and poultry breeding waste. leakage.

Article 20 Discharge of livestock and poultry after treatment to the environment shall comply with the national and local regulations on pollutant discharge and total amount control. Livestock and poultry breeding wastes must not be discharged directly to the environment without being disposed of.

Article 21 Diseases of livestock and poultry that are infected with infected livestock and poultry, as well as animal excrement from infected livestock and poultry, livestock and poultry products that have been dying of the disease, diseased animals or dead animals, etc., shall be in accordance with relevant laws and regulations and the director of animal husbandry and animal husbandry of the State Council. The provisions of the department are to be buried, chemicalized, burned, and other innocuous treatments, and they must not be disposed of at will.

Article 22 Livestock and poultry breeding farms and aquaculture communities shall regularly report the species, scale of livestock and poultry breeding, and the production, discharge and comprehensive utilization of livestock and poultry breeding wastes to the competent department of environmental protection at the county level for the record. The competent department of environmental protection shall send a copy of the record to the competent department of agriculture and animal husbandry at the same level on a regular basis.

Article 23 The competent department of environmental protection of the people's government at or above the county level shall supervise and inspect the prevention and control of livestock and poultry breeding pollution in accordance with their duties, and strengthen the monitoring of the environmental pollution of livestock and poultry.

The people's governments of townships and towns and the self-government organizations at the basic level of the masses shall, when discovering the acts of environmental pollution by livestock and poultry, promptly stop and report.

Article 24 With regard to areas where livestock and poultry are heavily polluted, the people’s governments of cities and counties shall formulate comprehensive plans for rehabilitation, adopt and organize the construction of facilities for comprehensive utilization and safe disposal of livestock and poultry breeding waste, and plan to relocate or close livestock and poultry. Farming sites and other measures to control livestock and poultry farming pollution.

Article 25 It is really necessary to close down or relocate existing livestock and poultry due to comprehensive plans for development of animal husbandry, land use plans, urban and rural planning adjustments, and delineation of prohibited breeding areas, or for the comprehensive treatment of heavily polluted livestock and poultry breeding areas. Where aquaculture sites cause livestock and poultry farmers to suffer economic losses, local people's governments at or above the county level shall compensate them according to law.

Chapter IV Incentive Measures Article 26 The people's governments at or above the county level shall adopt measures such as demonstration incentives to support large-scale and standardized livestock and poultry breeding, support the standardization of livestock and poultry farms and breeding communities, and the construction and transformation of pollution control facilities. Encourage the shift from decentralized rearing to intensive rearing.

Article 27 Local people's governments at or above the county level shall, in organizing the preparation of the overall land use planning process, make overall arrangements for the inclusion of large-scale land for livestock and poultry breeding into the planning and implement the land for aquaculture.

The state encourages the use of abandoned land and unused land such as barren hills, waste lands, waste hills, and waste beaches to carry out large-scale and standardized livestock and poultry breeding.

The land used for livestock and poultry breeding shall be managed according to agricultural land, and land used for production facilities and necessary facilities for pollution prevention and control shall be determined in accordance with relevant state regulations.

Article 28 The construction and renovation of livestock and poultry breeding pollution control facilities may, in accordance with state regulations, apply for environmental protection and other related financial support including subsidies for the treatment of pollution control loans.

Article 29 The prevention and control of livestock and poultry breeding pollution, and the utilization of livestock and poultry breeding wastes for the production and operation of organic fertilizer products and other comprehensive utilization activities of livestock and poultry breeding wastes shall enjoy the related preferential tax policies stipulated by the State.

Article 30: Where livestock and poultry breeding wastes are used to produce organic fertilizer products, they shall enjoy the support policies of the State regarding the arrangement of chemical fertilizer transportation capacity, and those enjoying the purchase of organic fertilizer products shall enjoy preferential policies of not less than the state's use subsidies for chemical fertilizers.

Operating livestock and poultry pollution prevention and control facilities in livestock and poultry farms and aquaculture districts use electricity to implement agricultural electricity prices.

Article 31 The State encourages and supports the use of livestock and poultry breeding waste for biogas power generation, and uses its own power and excess power to access the power grid. Power grid companies shall provide non-discriminatory power grid access services for biogas power generation in accordance with the law and relevant state regulations, and fully purchase the excess power within grid coverage that meets the grid-connected technical standards.

If livestock and poultry breeding wastes are used for biogas power generation, they are entitled to preferential policies for on-grid tariffs as stipulated by the State. Those who use livestock and poultry breeding wastes to obtain biogas or to obtain natural gas shall enjoy preferential policies for new energy according to law.

Article 32 The local people's governments at various levels may, in accordance with the actual conditions in the region, provide subsidies for the environmental impact consulting fees for construction projects funded by livestock and poultry breeding farms and breeding communities.

Article 33 The State encourages and supports the centralized and harmless treatment of livestock and poultry infected with diseased animals, dead animals or dead bodies of unknown causes, and provides appropriate subsidies for treatment costs and aquaculture losses in accordance with relevant state regulations.

Article 34 The discharge of pollutants from livestock and poultry breeding farms and breeding communities shall comply with the national and local pollutant discharge standards and total control indexes, and voluntary agreements with the competent department of environmental protection shall be signed by the county level for further reduction of pollutant discharge agreements. The people's government shall give awards in accordance with the relevant regulations of the state, and shall give priority to the inclusion of the scope of support for environmental protection and development of livestock and poultry breeding related to the development of livestock and poultry by arrangements made by the people's government at or above the county level.

Article 35 Livestock and poultry farmers who voluntarily construct comprehensive utilization and harmless treatment facilities and take measures to reduce the discharge of pollutants may enjoy relevant incentive and supporting policies in accordance with the provisions of these Regulations.

Chapter V Legal Responsibility Article 36 If the competent department of environmental protection of the people's government at all levels, the department of agriculture and animal husbandry, and other relevant departments fail to perform their duties in accordance with the provisions of these Regulations, the person directly in charge and other directly responsible personnel shall be given sanctions. Where directly responsible personnel in charge and other directly responsible persons constitute a crime, criminal responsibility shall be investigated in accordance with the law.

Article 37 Where, in violation of the provisions of these Regulations, livestock and poultry breeding farms and breeding communities are to be built in areas prohibited from breeding, the competent department of environmental protection at the local people's government at or above the county level shall order them to stop the illegal acts; if they refuse to stop the illegal activities, A fine of not less than 10,000 yuan but not more than 100,000 yuan shall be reported to the people's government at or above the county level for demolition or closure. In the construction of drinking water source protection areas for livestock and poultry farms and breeding plots, the environmental protection authorities of the local people's governments at and above the county level shall order them to stop the illegal activities and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan, and report the approval rights. The People’s Government approved it and ordered it to be removed or closed.

Article 38 If any livestock, poultry farm, or breeding area violates the provisions of these Regulations in accordance with the law and the environmental impact assessment has not been carried out according to law, the competent department of environmental protection entitled to examine and approve the environmental impact assessment document of the project shall order it to stop construction and make a deadline for re-submitting the formalities. If the application is not completed within the overdue period, a fine of more than 50,000 yuan but less than 200,000 yuan shall be imposed.

Article 39 In violation of the provisions of these Regulations, no supporting facilities for the prevention and control of pollution or unsatisfactory supporting facilities constructed on their own are not qualified, nor have others been entrusted to carry out comprehensive utilization and harmless disposal of livestock and poultry breeding wastes, livestock and poultry farms, and breeding If the community is put into production, use, or the construction of pollution prevention and control facilities is not operating properly, the environmental protection department of the people's government at or above the county level shall order it to stop production or use, and may impose a fine of not more than 100,000 yuan.

Article 40 Whoever violates the provisions of these Regulations and commits any of the following acts shall be ordered by the competent department of environmental protection of the local people's government at or above the county level to stop the illegal act and take measures to eliminate pollution within a time limit, in accordance with the "Law of the People's Republic of China on the Prevention and Control of Water Pollution". The relevant provisions of the "Law of the People's Republic of China on Prevention and Control of Environmental Pollution Caused by Solid Waste" shall be punished

(1) Using livestock and poultry breeding waste as fertilizer, which exceeds the capacity for land acquisition and causes environmental pollution;

(2) The livestock and poultry breeding activities or livestock and poultry breeding waste disposal activities have not taken effective measures, resulting in the leakage of livestock and poultry breeding waste.

Article 41 The discharge of livestock and poultry breeding waste does not conform to national or local regulations for the discharge of pollutants or total amount control targets, or directly discharge livestock and poultry waste to the environment without harmless treatment, above the county level. The competent department of environmental protection of the local people's government shall order rectification within a time limit and may impose a fine of up to 50,000 yuan. After the administrative department of environmental protection of the local people's government at or above the county level makes a decision on governance within a time limit, it shall, in conjunction with relevant departments such as the animal husbandry and other related departments of the people's government at the same level, verify the implementation of the corrective measures in a timely manner and publish the verification results to the public.

Article 42 Whoever does not harmlessly treat infected livestock and poultry and diseased livestock and poultry breeding waste in accordance with regulations shall be ordered by the animal health supervision agency to be harmless. The required disposal costs shall be borne by the offender and may be handled at the office. 3,000 yuan fine.

Chapter VI Supplementary Provisions Article 43 The specific scale standards of livestock and poultry breeding farms and breeding communities shall be determined by the provincial people's government, and shall be reported to the competent department of environmental protection under the State Council and the competent department of agriculture and animal husbandry of the State Council for the record.

Article 44 This Regulation shall come into force on January 1, 2014.