First, "there is no clear breed of meat dog in China";
Two, "China does not have the conditions for the introduction of dog slaughter and quarantine regulations";
Three, "continue to strengthen supervision, strengthen supervision and inspection, and urge the implementation of the main responsibility of enterprises, and shall not purchase meat that has not been quarantined according to regulations or is unqualified in quarantine".
Some caring people of animal protection are delighted to think that "managing dog meat = breaking the law". Although the author hopes this is true as a staunch animal rights activist, as a legal professional, I have to pour cold water on all animal rights activists mercilessly. From a legal point of view, the content in the reply cannot be simply understood as "dealing in dog meat = breaking the law". Don't misread the relevant regulations and relax your vigilance against "illegal dog dealers". After all, "dogs are not people, but some people are real dogs." Compared with ordinary people, "illegal dog dealers" know how to take advantage of loopholes in the law, so the supervision of animal protectors is particularly important. In order to better understand the reply of the Agriculture and Rural Bureau, we should understand the following three points:
First, the statement mentioned in the reply of the Ministry of Agriculture and Rural Affairs has long existed.
About the expression in the "Reply":
1. "There are no definite breeds of meat dogs in China",
Second, "China does not have the conditions to introduce the rules of dog slaughter and quarantine" was explicitly mentioned as early as 20 15 "Reply of the State Council Food Safety Office on the Licensing and Supervision of Dog Slaughtering" (Food Safety Office Letter [2015] No.25, hereinafter referred to as "Reply"), which is not the latest viewpoint. Moreover, it is worth noting that the reply issued by the Ministry of Agriculture and Rural Affairs is only a normative document and is not legally binding. In essence, the reply did not stipulate or change anything from the legal level.
Second, the original food safety office is clear, and the killing of dogs should be stipulated by the local authorities.
In the reply of Food Safety Office 20 15, the issue of dog slaughter license was also explained, that is, at present, there is no unified regulation on dog slaughter license in the country, and the provinces, autonomous regions and municipalities directly under the Central Government shall formulate slaughter management measures according to the actual situation in their respective regions. In reality, there are no provincial regulations or detailed rules on permission to kill dogs, that is, there are no targeted regulations prohibiting dog killing, but at least fortunately, the state and local governments do not allow dog killing.
Third, the "Reply" of the Ministry of Agriculture and Rural Affairs has not actually changed anything.
"There is no clear breed of meat dog" only means that the country has no clear what kind of dogs can eat, but it has not banned the consumption of dog meat. The law has a principle for China citizens, that is, "freedom is freedom without prohibition", that is, as long as the state does not prohibit it, every citizen can exercise his rights within his own authority. The "Reply" of the Ministry of Agriculture and Rural Affairs has not actually solved any problems, and the permission or prohibition of killing dogs is still in a vacuum in law.
Although "reply" has not changed anything substantially, it still evokes a familiar topic: "Is it illegal to deal in dog meat?" This paper will briefly sort out the existing laws and regulations.
First, the premise of "dealing in dog meat = breaking the law": failing to meet the quarantine requirements and obtaining the quarantine certificate of the origin animals.
According to Article 4 of the Measures for the Administration of Animal Quarantine (revised 20 19), the scope, objects and procedures of animal quarantine shall be formulated, adjusted and promulgated by the Ministry of Agriculture.
1. The Ministry of Agriculture and Rural Affairs has stipulated the quarantine rules for the origin of dogs, and the production and breeding of dogs require animal quarantine certificates.
At present, the animal quarantine regulations issued by the Ministry of Agriculture and Rural Affairs only include the quarantine rules of origin of 10 terrestrial animals and 3 aquatic species, namely, pigs, poultry, ruminants, horses, bees, dogs, cats and rabbits. Only animals within this range can be quarantined in accordance with relevant regulations and obtain animal quarantine certificates.
2. The Ministry of Agriculture and Rural Affairs does not stipulate the Regulations on Slaughtering and Quarantine for dogs, and the slaughter of dogs does not need to be reported to the animal health supervision and management department.
Among meat products, the Ministry of Agriculture in rural areas only issued five "slaughter and quarantine rules" for pigs, cattle, sheep, poultry and rabbits. But for the slaughter of dogs, horses, donkeys, dogs, cats, deer, camels and other animals, there is no relevant slaughter and quarantine regulations.
It is worth noting that some people think that as long as there is no "Slaughtering and Quarantine Regulations", dogs cannot be slaughtered. In fact, on the contrary, it is the lack of "slaughter and quarantine rules" that makes dogs, horses, donkeys, dogs, cats, deer, camels and other animals more likely to be served on the table, because producers and operators only need to abide by the "quarantine rules of origin". Therefore, in the absence of legislation explicitly prohibiting the sale and consumption of cats and dogs, the introduction of the Slaughtering and Quarantine Regulations is to some extent the protection of cats and dogs.
2. Legal situation of "dealing in dog meat = breaking the law": producing and dealing in meat that has not been quarantined according to regulations.
Article 34 of the Food Safety Law stipulates that "it is forbidden to produce and operate meat that has not been quarantined or failed in quarantine according to regulations, or meat products that have not been inspected or failed in inspection". Article 29 of the Law on Animal Epidemic Prevention stipulates that "it is forbidden to slaughter, manage or transport animals that should be quarantined according to law but have not been quarantined or failed to pass the quarantine". Therefore, since there is no "rules for slaughter and quarantine of dogs", the quarantine of dogs only needs to conform to the "rules for quarantine of origin". However, in real life, even if the threshold is so low, many people who produce and manage dog meat cannot obtain quarantine certificates that meet the standards of the Rules for Quarantine of Origin, and these people violate the provisions of the Food Safety Law and the Animal Epidemic Prevention Law.
In addition, the Notice of the State Council Food Safety Office on Deepening the Inspection and Law Enforcement of Meat and Meat Products (Food Safety Office Power Generation [2065438+04] No.2) stipulates that food producers and operators are prohibited from buying, selling and using meat without legal sources, and there are no "two certificates and two seals" (animal quarantine certificate, meat quality inspection certificate, animal quarantine certificate and meat quality inspection certificate) and spoiled meat. However, what we need to know is that the Notice is only a normative document, which has a guiding role for the competent authorities to exercise their rights. In order to become the legal basis for administrative organs to make administrative actions, it is necessary to further combine legal provisions. But it is undeniable that this is a very good policy direction.
Third, the legal responsibility of "dealing in dog meat = breaking the law": confiscation of illegal income, tools, equipment and raw materials, fines, detention, restrictions on related activities, and even criminal responsibility.
1. The legal liability for violating Article 123 of the Food Safety Law is: confiscation of illegal income and illegal production and operation of food, tools, equipment, raw materials and other items; If the value of the goods is less than 10,000 yuan, a fine of more than 100,000 yuan and less than 150,000 yuan shall be imposed; If the value of the goods is more than 1 10,000 yuan, a fine of more than 15 times and less than 30 times shall be imposed; If the circumstances are serious, the license shall be revoked, and the directly responsible person in charge and other directly responsible personnel may be detained for more than five days and less than fifteen days.
2. The legal liability for violating Article 97 of the Animal Epidemic Prevention Law is that the violator and his legal representative (person in charge), the directly responsible person in charge and other directly responsible personnel shall not engage in related activities within five years; Those who constitute a crime shall not engage in activities related to slaughtering, managing and transporting animals for life.
3. The legal responsibility for violating Article 100 of the Animal Epidemic Prevention Law is: to order it to make corrections and impose a fine of less than twice the value of the animals and animal products that have passed the quarantine inspection of the same kind; For carriers other than the shipper, a fine of three to five times the transportation cost shall be imposed, and if the circumstances are serious, a fine of five to ten times shall be imposed.
4. According to the criminal law, if the production and operation of dog meat belongs to unknown cause of death, poisoning, adding toxic and harmful substances, etc. It may also be suspected of producing and selling foods that do not meet safety standards and producing and selling toxic and harmful foods.
Four, at present, China's laws have not confirmed that "dealing in dog meat is illegal", and "fasting dog meat" is in an embarrassing legal vacuum, and it is difficult to enforce the law in practice.
1. There is no concept of "dog meat is edible" in China law, but it is not explicitly prohibited.
At present, there are not many direct laws on dogs in China. With regard to raising dogs, Article 30 of the Animal Epidemic Prevention Law stipulates that units and individuals shall regularly vaccinate against rabies before applying for registration; Regarding the quarantine of dogs, the Ministry of Agriculture and Rural Affairs only stipulated the quarantine rules of origin, but did not introduce the quarantine rules of dog slaughter.
In layman's terms, China also thinks that "dogs are so cute, how can they eat dogs?" It's just that China's laws don't allow dogs to eat, but at the same time, they forget to make relevant regulations prohibiting eating dog meat, which is also the reason for the current legal vacuum of "controlling dog meat".
2. For the production and management of dog meat, it is difficult to enforce the law in practice, and local laws and regulations need to be promulgated and improved.
At present, the inspection and quarantine of meat by the animal health supervision department is mainly based on the slaughter and quarantine regulations. Due to the lack of rules for dog slaughter and quarantine, law enforcement agencies have no law enforcement standards. In addition, there is no designated place for dogs to slaughter. At present, dog slaughter is carried out privately, and the departments of animal husbandry, food and drug supervision and public security also have the problem of defining the scope of law enforcement. It is difficult to enforce the law in practice for the production and management of dog meat. The author searched the cases of administrative punishment and criminal responsibility for producing and selling dog meat. Most of these cases are related to the quality problems of dog meat itself (such as toxic and harmful), rather than being punished or held accountable simply for the production and operation of dog meat.
In other words, people who produce and manage dog meat can avoid administrative punishment and criminal responsibility as long as they obey the rules, do a good job in inspection and quarantine according to law, and ensure the quality and safety. Obviously, this is inconsistent with our expectation that "dealing in dog meat = breaking the law".
3. Awkward legal vacuum zone
According to Article 32 of the Regulations on the Management of Pig Slaughtering, the measures for the management of the slaughter of dogs, cats and other animals shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. Therefore, the current situation of cats and dogs being slaughtered for food can be regulated by the provincial people's congress or the government. In this regard, in fact, two special economic zones, Shenzhen and Zhuhai, have set a good example for us. In particular, the second paragraph of Article 2 of the Regulations on the Total Prohibition of Wild Animals in Shenzhen Special Economic Zone clearly stipulates that animals and their products used for scientific experiments, public display, keeping pets and other non-edible purposes are prohibited.
However, it is worth noting that although the policy trend has improved, dogs and cats are still in an embarrassing legal position, because they are not livestock and poultry and do not belong to the jurisdiction of the Animal Husbandry Law; Because it is not a wild animal, it is not protected by the Wildlife Protection Law, and it is not protected by the National People's Congress Standing Committee (NPCSC)'s Decision on Completely Banning the Illegal Wildlife Trade, Eliminating the Bad Habits of Eating Wild Animals, and Effectively Protecting People's Life, Health and Safety. In the future, under the situation of stricter control of table games, is it possible for cats and dogs to become substitutes for other meat on the table because they are not directly protected by animal protection law, anti-abuse law and animal welfare law? Its future living conditions are inevitably worrying.
Verb (abbreviation of verb) Legislation and practice of eating meat in countries and regions around the world
(1) USA: A fine of $5,000 was imposed for eating and selling dog meat.
From February 20 18 to February 20 10 to June 20 14, the United States voted to pass the agricultural bill, one of which stipulated that no one should eat dog meat or intentionally transport, move, convey, accept, own, buy, sell or donate dogs or their body parts for human consumption, and offenders would be fined 5,000 yuan.
(2) Australia: Except for South Australia, which explicitly prohibits eating and selling dog meat, it is illegal to sell dog meat in most other states, but it is legal to eat dog meat. Slaughtering must be carried out in a humane way, otherwise it may also commit the crime of cruelty to animals.
According to the Meat Processing Standards and Regulations Act, all states and regions prohibit the sale of dog meat. South Australia is the only state that explicitly prohibits eating dog meat. In most States, eating dog meat is not illegal, but if this killing behavior causes unnecessary pain to animals, or causes animals not to die immediately, it may constitute the crime of cruelty to animals.
(3) Taiwan Province Province, China: Slaughtering, selling and eating dog meat is illegal and bears criminal responsibility.
According to article 12 of the Animal Protection Law of Taiwan Province Province, killing dogs, selling dog meat and eating dog meat are all illegal acts. Whoever slaughters dogs shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than NT$ 200,000 but not more than NT$ 2 million. Whoever sells, buys, eats or occupies dog carcasses, viscera or other ingredients shall be fined not less than NT$ 50,000 but not more than NT$ 250,000, and his name, photos and illegal facts shall be published, or correction shall be made within a time limit, and registered pets and adopted animals shall not be kept.
(4) China and Hongkong: Killing dogs, selling dog meat and eating dog meat are all illegal and can be fined and imprisoned.
Articles 22 and 23 of the existing Dogs and Cats Regulations (Chapter 167A) clearly stipulate that dogs and cats shall not be slaughtered, and dog meat and cat meat shall not be sold. Offenders can be fined 5,000 yuan and imprisoned for 6 months.
6. Suggestions and expectations on the prohibition of eating and selling dog meat.
At present, there is no direct regulation for the production and management of dog meat in China, and there is no way to "kill with one pole" for the production and management of dog meat, which makes the life and welfare of dogs unable to be guaranteed. To this end, we still appeal and learn from it as always. Referring to the mature experience of various countries and regions, I hope to establish the legal status of protected companion animals such as dogs and cats as soon as possible.
1. At the local level, all provinces, autonomous regions and municipalities directly under the Central Government have promulgated regulations on the management and protection of dogs and cats as soon as possible, explicitly prohibiting the slaughter and management of dogs and cats.
The Measures for the Administration of Pig Slaughtering has made it clear that the measures for the administration of the slaughter of other animals shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government, which provides a good path for the local legislative protection of dogs and cats. In the case that it is difficult for animal health supervision departments to effectively control the management of dog meat, it is imperative to introduce local laws and regulations, which will prohibit the slaughter and consumption of dogs and cats in a targeted manner in light of the actual situation in various places.
2. At the national level, promote relevant legislation on animal protection as soon as possible.
Since 2009, experts in China have put forward many draft laws, such as animal protection law (expert draft), anti-cruelty animal protection law (expert draft), human companion animal protection law (draft), companion animal protection law and so on. However, the heated discussion in theory is "cold" in reality, and the relevant laws have not been promulgated. At present, the only animal protection law in China is the Wildlife Protection Law, which protects wild animals, while domestic, raised and captive animals have always existed in the form of "property" and are recognized by the public, and there is no clear law to protect them. However, with the development of society, people began to keep pets with the attitude of "companionship". In fact, the protection of companion animals has been paid more and more attention, and the protection of companion pets is also a legal blank, which deserves further legislation.
3. Establish a public interest litigation system for companion pet protection.
At present, the scope of animal public interest litigation is limited to wild animals, and it is urgent to include the protection of companion animals such as cats and dogs in the scope of public interest litigation cases. The author advocates the establishment of a "companion animal" procuratorial public interest litigation system to effectively prevent public interest damage in animal protection. In the absence of formal legislation on pet protection in China, it is of positive significance to actively and steadily explore and expand the scope of public interest litigation cases for animal protection and provide practical basis for legislative perfection.