1. Question: Do pharmacies need to obtain a terrestrial wild business license to operate animal Chinese medicine decoction pieces such as wine black snake, money white flower snake, clam and other animal traditional Chinese medicine decoction pieces?
Answer: The sale, purchase and use of black snakes, silver krait snakes (money white snakes), clams and their products shall be approved by the provincial forestry and grass authorities.
2. Question: Can the artificial breeding permit of terrestrial wild animals under national key protection be used in other places?
Answer: Permits for the artificial breeding of terrestrial wild animals under national key protection cannot be used in other places.
3. Question: Can pangolins with the "Special Label for the Management of the Management of China's Wild Animals" (approved in 2021) still be sold in pharmacies?
Recently, a patient asked a doctor to prescribe pangolins, citing the fact that the state still allows pangolins to be sold. The pangolin brought by the patient came from a regular pharmacy, and the packaging had a QR code: a special logo for the management of the operation and utilization of wild animals in China. QR code scanning shows approval documents: Paoshan Jia (10 grams), enterprise name: Inner Mongolia Pukang Pharmaceutical Co., Ltd. Identification code: NMG17/21/4kjkkkkkkq; Neilin Grass Protection Permit [2021] No. 8, approval time: 2021; Issuing Unit: National Wildlife Research and Development Center of the State Forestry Administration. My question is: Is this logo real or fake? If this is true, then what is this license for? Can it continue to be sold to pharmacies or is it just for scientific research and other purposes, is it possible to use the product with the logo at will? Pangolins have been upgraded to a national Class I protected animal, and the relevant authorities are still issuing sales licenses, so can clinicians continue to prescribe pangolins?
Reply: Pangolins are national first-class protected wild animals, and according to Article 27 of the Wildlife Protection Law, they can be sold, purchased and used after approval by the wildlife protection department of the provincial-level people's government due to special circumstances. According to the notice of the State Forestry Administration, the Ministry of Health, the State Administration for Industry and Commerce, the State Food and Drug Administration, and the State Administration of Traditional Chinese Medicine on Strengthening the Protection of Saiga Antelope, Pangolin and Rare Snake Resources and Standardizing the Administration of the Use of Their Products in Medicine (Lin Hufa (2007) No. 242), the raw materials of pangolins are limited to clinical use in designated hospitals and the production of proprietary Chinese medicines, and shall not be sold in the form of retail outside designated hospitals; Designated hospitals that require the clinical use of pangolin raw materials shall be determined by the former Ministry of Health and the State Administration of Traditional Chinese Medicine. Jinling Hospital affiliated to Nanjing University School of Medicine is not within the scope of the list of designated hospitals for the clinical use of pangolin raw materials (Announcement No. 15 [2008] of the former State Forestry Administration) determined and published by the former State Forestry Administration according to the former Ministry of Health and the State Administration of Traditional Chinese Medicine. For the authenticity identification of special wildlife markers, please call the Wildlife Testing Center of the National Forestry and Grassland Administration for consultation, Tel: 0451-82190626.
4. Question: Hello, what is the protection level of the clam and the protection level of the Convention?
Reply: The giant gecko (Gekko gecko) is a national second-class key protected wild animal and is listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
5. Question: Can pharmacies sell clams that implement the standards of the 2018 edition of the "Tianjin Specifications for the Processing of Traditional Chinese Medicine Pieces".
Our pharmacy has a business license for traditional Chinese medicine decoction pieces, can we purchase clams from Jiangxi pharmaceutical companies with the approval of the Jiangxi Provincial Forestry Bureau, whose implementation standard is the 2018 edition of the "Tianjin Traditional Chinese Medicine Decoction Pieces Processing Specification", and sell them in pharmacies?
Answer: The cockle, that is, the giant gecko, is a terrestrial wild animal under the second-class protection of the state, and its artificial breeding shall be approved by the provincial forestry and grass department in accordance with the law and the artificial breeding permit shall be issued. According to the existing regulations on the management of special labels for wildlife under national key protection and the products thereof, giant geckos do not belong to the scope of special identification management, and the sale, purchase and use of giant geckos and their products shall be approved by the provincial forestry and grassland authorities, and there is no need to obtain and load special labels.
6. Question: Do medicines containing wild clams need to be labeled with wild animals?
Our company is a business enterprise, through the production enterprise to purchase a drug containing the component of clams, the manufacturer said that the clams are wild, but there is no wild animal label. Does this species need to be labelled with a wildlife label (green label)?
Answer: The cockle, that is, the giant gecko, is a terrestrial wild animal under the second-class protection of the state, and its artificial breeding shall be approved by the provincial forestry and grass department in accordance with the law and the artificial breeding permit shall be issued. According to the existing regulations on the management of special labels for wildlife under national key protection and the products thereof, giant geckos do not belong to the scope of special identification management, and the sale, purchase and use of giant geckos and their products shall be approved by the provincial forestry and grassland authorities, and there is no need to obtain and load special labels.
7. Problem: Sales of clams and scales of traditional Chinese medicine decoction pieces
Our company is a traditional Chinese medicine decoction piece business enterprise, need to operate traditional Chinese medicine decoction pieces of clams, clams are national second-class protected animals, upstream Chinese medicine decoction pieces production enterprises have legal sources have generated traditional Chinese medicine pieces, sold to our units also have the production of provincial forestry department administrative permits. Do we still need to go to the provincial forestry department for administrative permission to operate traditional Chinese medicine decoction pieces and clams? I have consulted on the official website of the Provincial Forestry Bureau, but there is no reply that I need to handle it or do not need to apply for an administrative license.
Answer: The giant gecko is the giant gecko, according to the existing national key protection of wild animals and their products special identification management regulations, the giant gecko does not belong to the scope of special identification management, the sale, purchase, use of the giant gecko and its products, shall be approved by the provincial forestry and grass authorities.
8. Question: Do pharmaceutical wholesale enterprises and retail pharmacies need to apply for relevant business and utilization certificates for the sale of traditional Chinese medicine decoction pieces and clams?
Answer: The cockle, that is, the giant gecko, is a terrestrial wild animal under the second-class protection of the state, and its artificial breeding shall be approved by the provincial forestry and grass department in accordance with the law and the artificial breeding permit shall be issued. The sale, purchase and use of giant geckos and their products shall be approved by the provincial forestry and grass authorities.
9. Question: Can clams be cultivated and processed? What permits do I need?
Answer: The cockle, that is, the giant gecko, is a terrestrial wild animal under the second-class protection of the state, and its artificial breeding shall be approved by the provincial forestry and grass department in accordance with the law and the artificial breeding permit shall be issued.
10. Question: Does the clam need to obtain a special management logo, and in which file can it be queried?
Answer: The cockle, that is, the giant gecko, is a terrestrial wild animal under the second-class protection of the state, and its artificial breeding shall be approved by the provincial forestry and grass department in accordance with the law and the artificial breeding permit shall be issued. According to the existing regulations on the management of special labels for wildlife under national key protection and the products thereof, giant geckos do not belong to the scope of special identification management, and the sale, purchase and use of giant geckos and their products shall be approved by the provincial forestry and grassland authorities, and there is no need to obtain and load special labels.
11. Question: Is the list of wild animals that can be commercially operated published by the mainland in 2003 still valid?
Reply: The notice of the State Forestry Administration on issuing the list of 54 terrestrial wild animals such as sika deer with mature domestication and breeding technology for commercial operation (Lin Hufa [2003] No. 121) was repealed on October 23, 2012.
12. Question: Is the snake a protected animal? If yes, please provide relevant legal documents, thank you.
Answer: According to the "List of Terrestrial Wild Animals Protected by the State that Are Beneficial or Have Important Economic and Scientific Research Value", the Sharp-nosed pit Viper (Deinagkistrodon acutus), also known as the Snake, is a terrestrial wild animal with beneficial or important economic and scientific research value protected by the State.
13. Question: Is it possible to operate Paoshanjia?
Hello to your bureau, as a wholesale company (commercial), the company has a business scope of traditional Chinese medicine decoction pieces, and inquire whether it is possible to purchase processed and processed Chinese medicine decoction pieces from a decoction piece factory with a production and operation license and a special logo for the management of China's wild animal management. In addition, I am consulting whether drugs with special labels for the management of China's wild animals need to apply for a business license from the forestry department?
Reply: According to Article 27 of the Wildlife Protection Law and the relevant provisions of the Notice of the State Forestry Administration, the Ministry of Health, the State Administration for Industry and Commerce, the State Food and Drug Administration, and the State Administration of Traditional Chinese Medicine on Strengthening the Protection of Saiga Antelope, Pangolin and Rare Snake Resources and Standardizing the Administration of the Use of Their Products in Medicine (Lin Hufa (2007) No. 242), the raw materials of pangolin tablets are limited to clinical use in designated hospitals and the production of proprietary Chinese medicines, and shall not be sold publicly in the form of retail outside designated hospitals. The use of pangolin tablets for pharmaceutical purposes shall be approved by the provincial forestry and grass authorities, and special labels shall be obtained and used in accordance with regulations, and relevant certificates may not be applied for for the sale and transportation of over-the-counter drugs or products loaded with special labels.
14. Question: What are the procedures to be done to prepare for breeding Chinese toads for medicinal purposes, and how to declare?
Answer: The Chinese toad (scientific name: Bufo gargarizans) is a terrestrial wild animal that is beneficial or has important economic and scientific research value protected by the state. According to the Notice of the National Forestry and Grassland Administration on Regulating the Scope of Classified Management of Prohibited Wild Animals (Lin Hufa [2020] No. 90), the breeding of Chinese toads for the purpose of food is prohibited, and the breeding of Chinese toads for medicinal purposes, display, scientific research and other non-edible purposes is allowed. Please consult your local authorities for relevant procedures.
15. Question: What kind of documents do I need to apply for breeding wild animals? What documents prescribe it.
Answer: The artificial breeding of terrestrial wild animals protected by the state that are beneficial or have important economic and scientific research value shall be approved by the provincial forestry and grassland authorities in accordance with the law and the artificial breeding license shall be issued.
16. Question: Whether the production, processing and sale of artificial domesticated sika deer and their meat products need to obtain the corresponding approval before they can be sold.
Reply: The Decision of the Standing Committee of the National People's Congress on Comprehensively Prohibiting Illegal Wildlife Trade, Eliminating the Bad Habit of Indiscriminate Consumption of Wild Animals, and Effectively Protecting the People's Life, Health and Safety stipulates a complete ban on the consumption of terrestrial wild animals. Animals included in the "Catalogue of Livestock and Poultry Genetic Resources" are domestic animals and poultry, and the provisions of the "Animal Husbandry Law" apply, and are not within the scope of prohibition, and the administrative department for animal husbandry and veterinary medicine under the State Council is to draft and publish a catalogue of livestock and poultry genetic resources in accordance with law. Your questions should be consulted with the Ministry of Agriculture and Rural Affairs.
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