第一财经

Is it illegal for free-range farmers to feed pigs with leftover food? Lawyers provide their interpretation.

原文:散养户用剩菜剩饭喂猪违法?律师解读

Summary of Key Points

Recently, the topic "ban on feeding pigs with swill" has gained prominence on social media, but media reports have often exaggerated and misinterpreted the legislation. The Ecological Environment Code prohibits large-scale farms (with annual pig slaughter volumes of 500 or more) from using untreated swill to feed pigs; backyard farmers are not included in this prohibition. However, backyard farmers who use swill from restaurants or canteens, violate feeding regulations during disease outbreaks, or collect swill for commercial purposes may be in violation of the law. Feeding pigs with household leftovers is legal, and there is no need for a blanket ban. Experts suggest that regulating this practice would be more effective through detailed rules and targeted supervision.

Media Misinterpretation: "Backyard Farmers Cannot Use Swill"

Many people have assumed that the ban applies to all pig farmers, but this is a misunderstanding of the law's scope. Article 514(3) of the Ecological Environment Code targets "livestock and poultry farms," not individual backyard farmers.

What constitutes a "livestock and poultry farm"? According to the Ministry of Agriculture and Rural Affairs, a farm is considered large-scale if it slaughters more than 500 pigs annually. Small-scale, family-run farms that do not meet this criterion are not subject to the ban. The purpose of the law is to address pollution caused by large-scale farming, where the use of swill can lead to environmental issues due to improper handling and disposal. Backyard farmers, with their smaller operations and lower swill consumption, are not the primary focus of the regulation.

Legal Exceptions for Backyard Farmers

Feeding pigs with swill is not always illegal, but there are three situations where it may be problematic:

1. Using swill from restaurants or canteens: The Animal Husbandry Law explicitly prohibits the use of untreated swill from these sources, regardless of the scale of farming, as it can contain various contaminants and pathogens that can cause disease.

2. Violating feeding regulations during disease outbreaks: During outbreaks like African swine fever, authorities may issue comprehensive bans on swill use. For example, in 2018, the State Council ordered a nationwide ban on using kitchen waste to feed pigs due to its role in virus transmission.

3. Collecting swill for commercial purposes: If backyard farmers collect swill from others for commercial breeding (e.g., selling pigs), they are considered "business operators" and must dispose of it properly, as required by regulations. For instance, a person named Wang in Yunnan was fined for collecting swill from multiple sources for commercial use.

Feeding with Household Leftovers

Is it legal to feed pigs with household leftovers? The answer is yes. Household leftovers are from a known source and pose lower risks, so they do not fall under the same restrictions as swill from restaurants or canteens. This practice has been a long-standing tradition in rural areas, and a ban would create practical difficulties, such as the difficulty of enforcing regulations across a large number of small farms and the potential for conflicts over local livelihoods.

Better Regulation Needed

Experts recommend the following approaches to regulate swill use:

1. Clarify legal boundaries: Develop detailed guidelines to distinguish between commercial and household swill, as well as large-scale and small-scale farming operations.

2. Targeted supervision: Enforce strict regulations on large-scale farms and provide education and guidance to backyard farmers through community rules.

3. Improve waste management: Establish facilities for the proper disposal of kitchen waste in rural areas, promoting methods like composting and biogas production to reduce the need for illegal swill use.

In summary, the ban on feeding pigs with swill should be tailored to different situations. Large-scale farms need stricter oversight, while backyard farmers using household leftovers are not restricted. More detailed and targeted regulations will help balance risk prevention with maintaining rural livelihoods.