Regulations on the Protection and Management of Wild Medicinal Resources

The State Council promulgated Article 1 of these Regulations on October 30, 1987, in order to protect and make rational use of wild medicinal materials and meet the needs of the people's medical and health care undertakings Article 2 Any unit or individual that collects, hunts or markets wild medicinal materials within the territory of the people's Republic of China must abide by these regulations, unless otherwise stipulated by the state Article 3 the State shall apply the principle of combining protection with hunting to the resources of wild medicinal materials, and create conditions for artificial cultivation Article 4 the species of wild medicinal materials under special state protection are divided into three levels: first level: rare and precious species of wild medicinal materials in the state of being endangered (hereinafter referred to as the species of wild medicinal materials under first level protection); second level: important species of wild medicinal materials in the state of shrinking distribution area and exhaustion of resources (hereinafter referred to as the species of wild medicinal materials under second level protection); Class III: the main species of wild medicinal materials in common use with severely reduced resources (hereinafter referred to as class III protected species of wild medicinal materials) Article 5 the list of species of wild medicinal materials under special state protection shall be formulated by the State Administration of medicine in conjunction with the Department of wildlife and plant administration under the State Council The people's governments of provinces, autonomous regions and municipalities directly under the central government shall formulate and send a copy to the State Administration of medicine for the record of the species that need to be added to the list of species of wild medicinal materials under special state protection Article 6 it is prohibited to collect and hunt species of wild medicinal materials under first-class protection Article 7 Whoever collects, hunts or purchases species of wild medicinal materials to be protected at the second or third levels must follow the approved plan The plan shall be formulated by the pharmaceutical administrative departments (including the relevant departments authorized by the local people's government to manage the work, the same below) above the county level together with the wildlife and plant administrative departments at the same level and submitted to the pharmaceutical administrative departments at the next higher level for approval Article 8 Anyone who collects and hunts wild medicinal material species under the second or third level protection shall not be allowed to collect and hunt in the forbidden hunting area or during the forbidden hunting period, and shall not use the forbidden tools to collect and hunt The areas, periods and tools prohibited from hunting mentioned in the preceding paragraph shall be determined by the administrative departments of medicine at or above the county level in conjunction with the administrative departments of wildlife and plants at the same level Article 9 Anyone who collects and hunts species of wild medicinal materials under the second or third level of protection must hold a certificate for the collection of medicinal materials If it is necessary to carry out cutting or hunting after obtaining the drug cutting certificate, it is necessary to apply to the relevant departments for the cutting certificate or hunting certificate respectively Article 10 the format of the drug collection certificate shall be determined by the State Administration of medicine The drug collection certificate shall be issued by the administrative department of medicine at or above the county level together with the administrative department of wildlife and plants at the same level The issuance of cutting or hunting licenses shall be handled in accordance with the relevant regulations of the state Article 11 the establishment of a national or local reserve for wild medicinal materials shall be subject to the approval of the State Council or the local people's government at or above the county level The establishment of a wildlife medicine resource reserve in a national or local nature reserve must be approved by the competent department of the state or local nature reserve Article 12 Anyone who enters a wildlife medicinal material resource reserve for scientific research, teaching, tourism and other activities must be approved by the administrative department of the reserve The permission of the Department in charge of the nature reserve shall also be obtained for entry into the nature reserve for wild medicinal materials within the scope of the national or local nature reserve Article 13 if the species of wild medicinal materials under first-class protection are eliminated naturally, the medicinal parts shall be operated and managed by each medicinal material company, but shall not be exported Article 14 the second and third level protected species of wild medicinal materials belong to the products under the state's planned management, which shall be operated and managed by the Chinese medicinal materials company in a unified way; the remaining varieties shall be purchased by the original county medicinal materials company or its entrusted unit in accordance with the plan Article 15 Unless otherwise stipulated by the state, the medicinal parts of the species of wild medicinal materials to be protected at the second and third levels shall be exported in limited quantities The varieties subject to the system of limited export and export license shall be determined by the State Administration of medicine in conjunction with the relevant departments of the State Council Article 16 the standards for the specifications and grades of wild medicinal materials shall be formulated by the State Pharmaceutical Administration Department in conjunction with the relevant departments of the State Council Article 17 units or individuals that have made outstanding achievements in the protection of wild medicinal materials shall be given spiritual encouragement or one-off material rewards by the administrative departments of medicine at all levels together with the relevant departments at the same level Article 18 in case of violation of the provisions of articles 6, 7, 8 and 9 of these regulations, the local administrative department of medicine at or above the county level, together with the relevant departments at the same level, shall confiscate the wild medicinal materials and tools illegally hunted by them and impose a fine on them Article 19 in case of any violation of the provisions of Article 12 of these regulations, the local administrative department of medicine at or above the county level and the competent department of the nature reserve shall have the right to stop it; if any loss is caused, it shall bear the liability for compensation Article 20 in case of violation of the provisions of Articles 13, 14 and 15 of these regulations, the administrative department for Industry and commerce or the relevant departments shall confiscate the wild medicinal materials and all the illegal income, and impose a fine Article 21 Any staff member of the administrative department for the protection of wild medicinal materials resources who engages in malpractices for personal gain shall be given an administrative sanction by the unit to which he belongs or by the administrative department at a higher level; if losses of wild medicinal materials resources are caused, he must bear the liability for compensation Article 22 If a party refuses to accept the decision on administrative penalty, he may bring a suit in a people's court within 15 days from the date of receiving the decision on penalty; if he neither brings a suit nor executes it within the time limit, the Department that made the decision on administrative penalty may apply to the people's court for compulsory execution Article 23 If the circumstances of destroying the resources of wild medicinal materials are serious enough to constitute a crime, the judicial organ shall investigate the criminal responsibility according to law Article 24 the people's governments of provinces, autonomous regions and municipalities directly under the central government may formulate detailed rules for implementation in accordance with these regulations Article 25 the State Administration of medicine shall be responsible for the interpretation of these regulations Article 26 since December 1, 1987, all departments and directly subordinate units of the Bureau: the Party group of the State Food and Drug Administration of the Communist Party of China decided on July 26, 2011 to appoint Huang Guo as the deputy director of the office; Chen Chen Chen as the deputy director of the Department of food safety supervision; fan Xuehui as the deputy director of the Department of food safety supervision; Sun Lei is the deputy director of the Department of medical device supervision; Xue Guanghua is the deputy director of the Department of personnel The probation period for the above comrades is one year On August 8, 2011, State Food and drug administration, food and Drug Administration of all provinces, autonomous regions, municipalities directly under the central government and Xinjiang production and Construction Corps, Beijing Municipal Bureau of health, Fujian Provincial Department of health, and China food and drug inspection and Research Institute: In order to strengthen the management of food inspection institutions for catering services, standardize the behaviors of food inspection institutions for catering services, improve their technical capabilities and management level, the State Food and drug administration has formulated food inspection machines for catering services in accordance with the provisions of the food safety law and its implementing regulations, the measures for the supervision and administration of food safety for catering services and other relevant laws, regulations and rules This is to print and distribute the management specification of the company Please follow it Chapter I general provisions of the administrative specifications for food service and food inspection institutions of the State Food and Drug Administration on August 8, 2011 Article 1 in order to strengthen the management of food inspection institutions for catering services, standardize the behaviors of food inspection institutions for catering services, improve their technical capabilities and management level, this specification is formulated in accordance with the provisions of the food safety law and its implementing regulations, the food safety supervision and management measures for catering services and other relevant laws, regulations and rules Article 2 the "food inspection institution for catering services" as mentioned in this specification refers to the inspection institution established in accordance with the law, which meets the requirements for qualification identification of food inspection institution, passes the qualification identification of food inspection institution, and is entrusted by the food safety supervision department for catering services to carry out food inspection for catering services Article 3 this specification is applicable to the activities of food safety supervision and sampling inspection, risk monitoring and investigation and inspection of food safety accidents undertaken by food and beverage service food inspection institutions, and the issuance of data and results with evidential effect Article 4 the State Food and drug administration shall be responsible for the supervision and administration of the national food and beverage service food inspection institutions The food safety supervision and administration departments of catering services of provinces, autonomous regions and municipalities directly under the central government shall be responsible for the supervision, administration and assessment of the food inspection institutions of catering services in their respective administrative regions Article 5 the food inspection agency and its inspectors shall, in accordance with the relevant laws, regulations, rules, food safety standards, inspection specifications and other provisions, follow the principles of science, impartiality, integrity and independence, carry out food inspection activities for catering services, and ensure that the inspection data and results issued are true, objective, fair and accurate Article 6 encourage and support food inspection institutions for catering services to carry out technical exchanges and cooperation at home and abroad, adopt advanced technology, implement scientific management, and constantly improve inspection technology and management level Article 7 the construction of food inspection institutions for catering services shall follow the principles of overall planning, rational layout and scientific setting, encourage the sharing of inspection resources and improve the efficiency of inspection work Food and Drug Administration of each province, autonomous region and municipality directly under the central government (Drug Administration): In order to implement the provisions of the food safety law and its implementing regulations on the strict supervision of health food, standardize the production and operation order of health food, and do a good job in the preliminary preparation for cleaning up and replacing health food certificates, it is decided to further carry out the registration and confirmation of health food products and production enterprises on the basis of the investigation and confirmation of the basic situation of health food in 2009 The relevant matters are hereby notified as follows: 1 Anyone who holds the health food approval certificate and the health food production (hygiene) license before June 30, 2011 shall fill in the health food product information registration form and the health food production enterprise information registration form (hereinafter referred to as the information registration form) All provincial food and drug supervision and administration departments are requested to inform the holders of health food approval certificates and health food production enterprises (hereinafter referred to as "preparers") in time, and guide them to complete the registration work 2 The preparer must fill in the information registration form truthfully and accurately The information registration form shall be printed and filled in A4 paper, and the electronic version shall be filled in Excel format After completion of filling, the preparer shall submit the information registration form together with relevant materials to the local provincial food and drug administration, and submit the electronic version of the information registration form at the same time All written materials submitted shall be stamped with the official seal or seal of the preparer page by page If the person filling in the form is an individual, it shall be signed by the individual 3 All provincial food and drug administration departments shall attach great importance to the information registration form and relevant materials (one in text and one in electronic) filled in by each relevant preparer in a timely manner, and organize on-site verification if necessary If the holder of the health food certificate is not registered, the validity of the business license shall be verified The relevant information verifying that the business license has expired, or has been revoked or cancelled shall be summarized separately, and the original certificates of the local industrial and commercial authorities shall be provided at the same time Please summarize the confirmation and submit it to the health food and cosmetics Supervision Department of the State Administration before October 31, 2011 Contact: he Huan, Liu Xiaogang Tel: 010-8833080688330836 Fax: 010-88374394 email: wangtz@sda.gov.cn, liuxg@sda.gov