China: Dongguan Market Dog/Cat Meat Regulation
Dongguan Market Supervision Authority appears to have initiated a new Regulation for market stall holders. This is a code of practice for stall holders; not a government law. In part the regulation says: “Only some farming animals and related products can be eaten: chicken, ducks, geese, pigs, cows, goats (sheep), donkeys, rabbits, deer, pigeons, quail. Plus, can eat any aquatic and aquatic made products which allowed by law. Dogs, cats, horses, camels, etc; farming animals, bee pupa and cicada pupa, etc; insects and all wild terrestrial animals are not allowed to eaten. (Dongguan Market Supervision Authority)”
This is great news in relation to this market. Does it mean other markets will follow suit? We do not know! We cannot predict anything either way. We all have to sit and wait. Its unknown if this new regulation is only temporary for this special time during the virus epidemic, or if it will remain in place long term. At this stage we do not know so we remain cautiously optimistic. Regulations have to be implemented and upheld to be effective, or they become paper tigers.
White its welcomed news for Dongguan Market Supervision Authority in Guangdong Province to have initiated their new regulation, only time will tell if other markets and provinces throughout China will do the same. Again, we do not know until it happens.
The following text is from a Chinese site discussing Wildlife Conservation in Guangdong Province, where Dongguan market is located:
Announcement on Public Solicitation of Opinions on “Regulations on Management of Wildlife Conservation in Guangdong Province (Revision Draft for Soliciting Opinions)”
In order to implement the instructions of General Secretary Jinping ’s important instructions, the relevant decisions of the Standing Committee of the National People ’s Congress, and the work requirements of the Provincial Party Committee, comprehensive prohibition and punishment of illegal wildlife trading, resolute elimination of the habit of overeating wild animals, maintenance of biological and ecological safety, and effective To prevent major public health risks and effectively protect the lives and health of the people, the Standing Committee of the Provincial People’s Congress led the organization of relevant provincial departments to carry out the revision of the “Regulations on the Management and Administration of Wild Animals in Guangdong Province”. On March 5th, the executive meeting of the Provincial People’s Government discussed and adopted the revised draft of the regulations, which is intended to be submitted to the Provincial People’s Congress for consideration. The “Regulations on the Management of Wildlife Conservation in Guangdong Province (Revised Draft for Soliciting Drafts)” are now posted on the Guangdong People ’s Congress website and the Guangdong People ’s Congress WeChat public account. People from all walks of life are invited to submit their valuable opinions. Please send your comments and suggestions to the Office of the Rural Agriculture Committee of the Provincial People’s Congress (Deadline: March 16, 2020).
Mailing address: Box 41, No. 64, Zhongshan First Road, Guangzhou
Postal code: 510080
办公 Guangdong Provincial People’s Congress Standing Committee General Office
日 March 9, 2020
Regulations of Guangdong Province on the Protection of Wild Animals
Chapter 1 General
Chapter 2 Wildlife and its habitat protection
Chapter 3 Artificial Breeding Management
Chapter 4 Prohibition of Illegal Hunting
Chapter 5 Prohibition of Illegal Transactions
Chapter 6 Prohibition of illegal consumption
Chapter VII Law Enforcement
Chapter 8 Legal Liability
Chapter 9 Supplementary Provisions
Chapter I General Provisions
Article 1 [Legislative Purpose] In order to strengthen the protection and management of wildlife, maintain biodiversity and ecological balance, prevent major public health risks, ensure the health and safety of the people, and promote the construction of ecological civilization, according to the “People’s Republic of China Wildlife Protection Law” And other laws and regulations, combined with the actual conditions of this province, formulated these regulations.
Article 2 [Scope of Application] These regulations apply to the protection and related management activities of wild animals and their habitats within the administrative region of the province.
的 The wildlife protected under these Regulations refers to the wildlife under national key protection, the wildlife under provincial protection, and terrestrial wildlife with important ecological, scientific, and social value (hereinafter referred to as “protected wildlife”).
(2) Other terrestrial wildlife other than those protected by the preceding paragraph shall be managed in accordance with the provisions of these regulations.
的 The protection of aquatic wildlife other than precious and endangered aquatic wildlife shall be governed by relevant laws and regulations such as the Fisheries Law of the People’s Republic of China.
动物 Animals included in the inventory of genetic resources for livestock and poultry belong to livestock and poultry, and the provisions of the Animal Husbandry Law of the People’s Republic of China apply.
Article 3 [Basic Principles and General Requirements] Wildlife protection and management should adhere to universal protection, comprehensive fasting, restricted use, and strict supervision, foster citizens’ awareness of public health safety and ecological protection, and promote the harmonious coexistence of man and nature.
Comprehensive prohibition of illegal wildlife trade, total prohibition of terrestrial wildlife, total prohibition of hunting, trading, and transportation of terrestrial wildlife that grow and reproduce naturally in the wild for the purpose of food, and prevent and control major public health risks from the source.
Article 4 [Responsibilities of the government and its competent authority] The local people’s governments at or above the county level shall bear overall responsibility for the protection and management of wildlife in their respective administrative areas.
Local people’s governments at or above the county level should strengthen the protection of wild animals and their habitats, formulate protection plans, improve the protection management system and target responsibility system, incorporate them into the assessment system for ecological civilization construction, and include protection funds into the fiscal budget at the same level.
The competent forestry, agriculture and rural departments above the county level are responsible for the protection of inland and aquatic wildlife in their respective administrative areas.
The township people’s government and the sub-district office assist in the related work of wildlife protection and management in the area.
Article 5 [Publicity and education] Local people’s governments at all levels and relevant competent departments shall actively carry out publicity, education and guidance on the protection of wild animals and their habitats, public health and safety, and strengthen scientific and technological research on wildlife protection.
主管 Educational authorities and schools shall educate students on the protection of wildlife and their habitats and popularize scientific knowledge.
Encourage and support grassroots mass autonomous organizations, social organizations, enterprises and institutions, and volunteers to carry out publicity and education activities on laws and regulations on wildlife protection, animal epidemic prevention and other knowledge protection.
The news media shall carry out public welfare publicity on laws and regulations on wildlife protection and knowledge protection, and conduct public opinion supervision on illegal acts.
Every November is the Publicity Month for Protecting Wild Animals in Guangdong Province. From March 20th to 26th each year is the Bird Love Week in Guangdong Province.
Article 6 [Rights and Obligations] Any unit or individual has the obligation to protect wild animals and their habitats, and has the right to report or sue for violations of these regulations.
的 Units and individuals who have made outstanding achievements in wildlife protection, scientific research, reporting, etc. shall be rewarded by the local people’s government at or above the county level or the relevant competent authority.
Chapter II Protection of Wild Animals and Their Habitats
Article 7 [Classification and Protection] Wild animals are classified and protected in categories.
名录 The national key protected wild animals and the three protected wild animals shall be implemented in accordance with national regulations.
The province’s key protected wild animal list is formulated, adjusted and published by the provincial people’s government after scientific assessment.
Article 8 [Protection of Habitats] The Provincial People’s Government delineates relevant nature protection areas in accordance with law, protects wild animals and their important habitats, and protects, restores and improves the living environment of wild animals. For those who do not have the conditions for delineating nature reserves, local people’s governments at or above the county level may adopt delimitation of hunting (fishing) areas and regulations on hunting according to the national wildlife habitat habitat list and the local wildlife and their habitat conditions (Fishing) period and other forms of protection.
National important wildlife habitats, nature reserves, drinking water protection areas, country parks, botanical gardens, city parks, and other important wildlife habitats or ecological corridors are listed as game reserves. Nature reserves include national parks, nature reserves, and various types of natural parks such as forest parks, geological parks, marine parks, wetland parks, and scenic spots.
Article 9 [Dedicated Logo Management] The lawful capture and artificial breeding of wild animals and their products shall be subject to special logo management. The special identification shall record the information such as the name, source, and use of wild animals and their products to ensure traceability.
范围 The scope of use and management of special signs shall be formulated by the provincial wildlife protection department, unless otherwise stipulated by the state.
Article 10 [Monitoring of Epidemic and Epidemic Diseases] Local people’s governments at or above the county level shall strengthen unified leadership in the monitoring and prevention of epidemic diseases of wild animals, and establish a sound surveillance and epidemic prevention system.
The competent departments of wildlife protection and veterinary medicine at or above the county level shall monitor the epidemic and epidemic diseases in areas such as concentrated wildlife distribution areas, rest areas, overwintering areas, migratory passages, artificial breeding sites and their product distribution centers in accordance with the division of responsibilities. And forecasting, and formulate emergency plans for wildlife epidemics in accordance with regulations.
The competent departments of wildlife protection, veterinary medicine, health and other departments at the county level or above shall strengthen the management and control of animal infectious diseases related to zoonotic infectious diseases according to the division of responsibilities.
Article 11 [Prevention and Control] Local people’s governments at various levels shall take measures to prevent and control possible harm caused by wild animals, ensure the safety of humans and animals, and agricultural and forestry production; those who cause casualties, crops or other property losses shall be given according to law Compensation to promote the inclusion of compensation for wildlife damage into policy insurance.
十二 Article 12 [Storage and Rescue] The competent forestry authorities at or above the county level shall organize the work of storage and rescue for the protection of wild animals in accordance with regulations, and specify the institutions responsible for the work of storage and rescue. The shelter and ambulance organization shall establish a shelter and ambulance file and do a good job in related work.
The protection of wild animals seized and confiscated by relevant departments according to law shall be promptly transferred to the competent forestry department at or above the county level for shelter and rescue.
十三 Article 13 [Prohibition on random release] It is forbidden to release wild animals that are alien, legally captured or artificially breeded, so as to avoid causing damage to other people, property or ecosystem.
Chapter III Artificial Breeding Management
十四 Article 14 [Breeding permission and provenance of provenance] Artificial breeding and protection of wild animals shall be conducive to species protection and scientific research, and shall not damage wild population resources.
For artificial breeding of wildlife under national key protection, the evaluation shall be organized by the county-level wildlife protection department at the locality and reported to the provincial wildlife protection department or its prefecture for approval by the listed wildlife protection department, unless otherwise stipulated by the state.
If artificial breeding of non-state-protected wild animals is carried out, they shall hold a certificate of lawful source such as hunting, import and export, artificial breeding or special identification to prove the source of wild animals.
Article 15 [Breeding requirements] Artificial breeding and protection of wild animals shall use artificial breeding progeny seed sources, have fixed places, necessary facilities, technologies, and personnel that are compatible with their breeding purposes, species, and scale of development, and meet relevant technical standards and epidemic prevention Claim.
十六 Article 16 [Responsibility for breeding] Artificial breeding and protection of wild animals shall establish breeding files, strengthen epidemic prevention and control, perform breeding, management, and rescue obligations, shall not abuse wild animals, and disclose relevant information such as breeding addresses and species.
Article 17 [List of Artificially Breeding Non-State Key Protected Wild Animals] After the artificial breeding technology is mature and stable, the non-state-level protected wild animals shall be included in the artificially-bred non-state-focused area after evaluation and extensive consultation by the provincial wildlife protection department. Protect the list of wild animals and implement management measures different from those in the wild. The list of artificially breeding non-state key protected wild animals shall be formulated and adjusted by the provincial wildlife protection department and submitted to the provincial people ’s government for approval for publication.
(2) For wild animals and their products listed in the list specified in the preceding paragraph, a special logo can be obtained on the basis of a legal source certificate, the annual production quantity verified by the county-level wildlife protection department, and the special logo can be sold and used to ensure traceability.
If it is included in the list of national key protected wild animals for artificial breeding, it shall be implemented in accordance with national regulations.
十八 Article 18 [Restrictions on Pet Breeding] Terrestrial vertebrate wild animals that grow naturally in the wild, or other wild animals that pose risks to public health, ecological safety, and public order, may not be kept as pets.
Chapter IV Prohibition of Illegal Hunting
十九 Article 19 [Prohibition on Hunting and Hunting] It is forbidden to hunt and kill wild animals protected under Article 2 (2) of these regulations, as well as other wild animals prohibited by law and regulations and national and provincial regulations.
Article 20 [Hunting, hunting and quota management] Where scientific research, population control, epidemic disease monitoring, epidemic prevention and control or other special circumstances require hunting and catching wild animals for non-edible use, they shall meet the following requirements:
(1) The national key protected wildlife shall be approved by the provincial wildlife protection authority or the prefecture level entrusted by it with the listed wildlife protection authority, unless otherwise prescribed by the state;
(2) The provincial key protected wild animals and the three protected wild animals shall be approved by the county-level wildlife protection authority;
(3) Other wildlife prohibited by the province from hunting and catching shall be determined by the county-level wildlife protection department, and a special logo shall be issued.
Hunting and catching of wild animals specified in the second and third paragraphs of the preceding paragraph shall also be subject to the limit of hunting and catching.
Article 21 [Determining the Quota of Hunting and Hunting Amount] The county-level wildlife protection department shall propose the hunting animal species and the annual hunting quota based on the results of investigation, monitoring and evaluation of the status of wild animals and their habitats. With the consent of the listed wildlife protection authority, it shall be reported to the provincial wildlife protection authority for the record.
Article 22 [Prohibited hunting and hunting tools] The use of poisons, explosives, electric shocks, electronic traps, hunting jackets, hunting clips, air guns, ground guns, rafters, sticky nets, ground bows, hangers, and wire sleeves And other tools to hunt wild animals.
No unit or individual may manufacture or sell the hunting and hunting tools specified in the preceding paragraph without authorization.
Chapter V Prohibition of Illegal Transactions
Article 23 [Prohibition on Trading] It is prohibited to sell, purchase, or use the wildlife protected under Article 2 (2) of these regulations, as well as other wildlife prohibited by laws and regulations and national and provincial regulations.
出售 It is forbidden to sell, purchase or use wild animal products under national key protection.
Article 24 [Prohibition of Illegal Trading Services] Prohibit commodity trading markets, e-commerce platforms and other trading venues, as well as operators of transportation, warehousing, express delivery, etc., to illegally sell, purchase, use, transport, store wild animals and their products, or prohibit The hunting tools used provide trading services.
Internet information service providers shall not produce, copy, publish, or disseminate illegal wildlife transaction information; if they find illegal transaction information, they shall stop transmitting, keep records, and report to relevant departments.
Article 25 [Obligations of Trading Venues] The promoters of commodity trading markets, market service management agencies, and e-commerce platform operators shall, in accordance with the law, review and verify the business qualifications of the entry operators, register with their real names, and strengthen supervision and inspection. Any wildlife transaction shall be stopped immediately and reported to the market supervision and administration department.
The operator of the e-commerce platform shall delete, block and disconnect the information on illegal wildlife trading and stop providing transaction services upon receiving the notification from the relevant departments.
Article 26 [Management of Non-edible Utilization Transactions] Where special circumstances such as scientific research, medicinal use, and display require the sale, purchase, or inedible use of wild animals and their products, the competent wildlife protection department shall The authorization and procedures prescribed in Article 20 shall be used for examination and approval, and special marks shall be obtained and used in accordance with regulations, and quarantine inspection shall be carried out.
Where wild animals and their products are operated and used as medicines, they shall also abide by the laws and regulations concerning the administration of medicines.
Article 27 [Circulation Management] Whoever transports, carries, or delivers wild animals and their products shall hold or be accompanied by hunting, artificial breeding, import and export licenses, approval documents, or special source certificates, etc. , And quarantine certificate to ensure traceability.
The carrier and the delivery business operator shall check the certificates stipulated in the preceding paragraph; without relevant certificates, they shall not be transported or delivered, and report to the competent department of wildlife protection or the competent veterinary department.
Article 28 [Emergency Disposal] After a public health emergency occurs, in order to block the source of infection and transmission routes that may come from wild animals, local people’s governments at or above the county level may take emergency measures to completely prohibit wildlife trade in accordance with the law. To the public.
出售 It is forbidden to sell, purchase, use, transport, carry, and deliver wild animals and their products with death or unknown cause of death. Anyone who discovers an abnormal death of a wild animal shall immediately report it to the department of wildlife protection or the animal disease prevention and control agency.
Chapter VI Prohibition of illegal consumption
Article 29 [Fasting Regulations] It is forbidden to eat wild animals and other terrestrial wildlife that are under national key protection, including artificial breeding and terrestrial wildlife, and other wild animals prohibited by relevant laws.
It is forbidden to produce or sell foods made using the national key protected wild animals and their products, or foods made from terrestrial wild animals that are hunted, artificially bred or purchased for non-edible purposes.
Article 30 [Linkage of Livestock and Poultry Management] It is forbidden to consume wild animals in the name of livestock and poultry. Animals included in the catalog of livestock and poultry genetic resources shall be slaughtered, processed, or sold in accordance with national regulations without the marking of livestock and poultry.
Article 31 [Liability of Catering Service Providers] Catering service providers such as restaurants, restaurants, restaurants, farms, clubs, canteens, etc. shall be honest and self-disciplined, bear social responsibility, and shall not purchase, store, When processing, selling, or providing processing services of incoming materials, no name, nickname, or pattern can be used to make signs or recipes.
Catering service providers shall strengthen the control of food ingredients, establish a record inspection system for incoming goods, and maintain relevant vouchers.
Article 32 [Responsibilities of E-commerce Platforms] Operators of e-commerce platforms are prohibited from providing referrals, ordering, distribution, or other services for foods that are prohibited from consumption by wild animals and their products.
Article 33 [Industrial self-discipline management] Food, catering, and cooking industry associations shall strengthen industry self-discipline, guide and urge members to abide by the prohibition on eating wild animals, and promise not to buy, process, or sell wild animals and their products. Industry disciplinary action against violating members.
Article 34 [Credit Management] Market supervision and management departments at or above the county level shall establish credit files of catering service providers and publicly disclose information on administrative penalties for illegal operation and sale of wild animals and their products.
Article 35 [Responsibility of members of the society] Members of the entire society shall consciously abide by the prohibition on the consumption of wild animals, and jointly resist acts of indiscriminate eating of wild animals.
Chapter VII Law Enforcement and Supervision
Article 36 [Improving the law enforcement system] Local people’s governments at or above the county level shall improve the management system for the enforcement of wildlife protection, strengthen the construction of law enforcement teams, clarify the main bodies responsible for law enforcement, implement law enforcement management responsibilities, strengthen information technology support, strengthen coordination and cooperation, and improve Joint law enforcement mechanisms will be implemented to prevent and combat smuggling and illegal trade, increase supervision and inspection and accountability, and strictly investigate and punish illegal acts.
Article 37 [Responsibility for law enforcement] The competent forestry authorities at or above the county level are responsible for the supervision and management of terrestrial wildlife, and may, in accordance with law, entrust the management of nature reserves to investigate and punish acts that destroy natural resources and wildlife habitats in nature reserves.
The competent agricultural and rural competent departments at or above the county level are responsible for the supervision and management of aquatic wildlife protection, and carry out quarantine of wild animals and their products that have been artificially bred and legally captured.
Market supervision and management departments at or above the county level shall supervise and manage the use of wild animals and their products in the operation of commodity trading markets, e-commerce platforms, catering and other transactions, and consumer establishments; illegal operation sites and illegal operators shall be banned or sealed off according to law ,shut down.
Public security organs are responsible for administrative law enforcement related to wildlife protection and management in accordance with the regulations of the Provincial People’s Government.
The customs shall carry out entry and exit quarantine for wild animals according to law, and go through customs clearance procedures in accordance with regulations with import approval documents or permits for import and export and quarantine certificates.
Departments and institutions such as transportation, health, science and technology, urban management, postal services, internet information, and telecommunications management shall supervise and inspect activities such as the sale, purchase, use, transportation, and delivery of wild animals and their products in accordance with the division of responsibilities.
Railways, aviation, ports, shipping and other units shall assist in related work.
Article 38 [Interview Supervision] Provincial wildlife protection authorities have inadequate protection and management of wild animals and their habitats, have prominent problems, and have strong public feedback. They can discuss the local prefecture level for listing and county-level people’s governments. And the main person in charge of the relevant competent authority, asked them to take measures to rectify in a timely manner. The interviews and rectifications should be made public.
Article 39 [Eco-Environmental Damage Compensation Litigation, Species Identification] In the event of damage to wildlife and its habitat causing ecological environmental damage, the wildlife protection authority at or above the county level may file a lawsuit in a people’s court in accordance with the law and submit damages to the infringer. Claim.
鉴定 The identification of wild animals and their products’ types and names shall be undertaken by professional and technical personnel entrusted by law enforcement departments, third-party professional organizations, or appraisal agencies with corresponding judicial appraisal qualifications, unless otherwise stipulated by the state.
Chapter VIII Legal Liability
Article 40 [Responsibility for Illegal Artificial Breeding] In violation of Article 14, paragraph 3 of these Regulations, artificial breeding of non-state key protected wild animals that do not hold a certificate of legal source of the provenance shall be confiscated by the department of wildlife protection at or above the county level Wild animals and their products may be concurrently fined more than twice the value of wild animals and their products.
Article 41 [Responsibility for Illegal Hunting and Hunting] In violation of Articles 19, 20, and 22 of these Regulations, hunting, killing or killing of wild animals shall be handled by the department of wildlife protection at or above the county level or related The management agency of the nature reserve confiscates the hunted objects, hunting tools and illegal gains according to the division of responsibilities, revokes the hunting permit, and imposes a fine in accordance with the following provisions; for food purposes, heavier punishment; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Those belonging to the national wildlife under special protection shall be fined more than five times and less than fifteen times the value of the catch; if there is no catch, they shall be fined more than 10,000 yuan but less than 50,000 yuan;
(2) Those belonging to non-state key protected wild animals shall be fined more than two times but less than five times the value of the catch; if there is no catch, they shall be fined not less than 2,000 yuan but not more than 10,000 yuan.
Article 42 [Liability for Circulation of Illegal Transactions] In violation of the provisions of Article 23, Article 26, Paragraph 1 and Article 27 of these Regulations, the special logo has not been approved, obtained or used in accordance with the regulations, Or if you do not hold or attach a legal source certificate to sell, purchase, use, transport, carry, or deliver wild animals and their products, the wildlife protection department at the county level or above or the market supervision and management department shall confiscate the wildlife and Its products and illegal income shall be fined in accordance with the following provisions; if the circumstances are serious, the relevant licenses shall be revoked, the approval documents shall be revoked, and the special marks shall be withdrawn; if the purpose is to eat, the punishment shall be severe; if a crime is constituted, criminal liability shall be investigated according to law:
(1) Those belonging to the national wildlife under special protection shall be imposed a fine ranging from five times to fifteen times the value of wild animals and their products;
(2) Those belonging to non-state key protected wild animals and other wild animals prohibited by the province from being traded shall be imposed a fine of two to five times the value of the wild animals.
Article 43 [Responsibility for illegally providing transaction services] Where transaction services are provided in violation of the provisions of Article 24, paragraphs 1 and 32 of these regulations, the market supervision and management department at or above the county level shall order the suspension of illegal acts and the deadline Make corrections, confiscate the illegal income and impose a fine of three to five times the illegal income; if there is no illegal income, a fine of 30,000 to 50,000 yuan; if the perpetrator knows the purpose of eating, producing, or selling food, Heavier punishment; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 44 [Illegal Consumption of Food] In violation of Article 29, paragraphs 1 and 30 of these Regulations, eating wild animals shall be divided by the forestry, agricultural and rural, market supervision and management departments at and above the county level in accordance with their duties. Order to stop illegal acts and punish them in accordance with the following provisions:
(1) A fine of 2,000 to 10,000 yuan shall be imposed on the consumer;
(2) A fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on the edible organization.
Article 45 [Responsibility for illegal production and operation] Production, operation, purchase, storage, slaughter, processing, and sale of banned wild animals and their violations of Article 29, paragraphs 2 and 31 For products and food, the forestry, agricultural and rural areas, and market supervision and management departments at the county level or above shall stop illegal activities in accordance with the division of responsibilities, confiscate wild animals and their products, and food, and place wild animals and their products at three times to ten times the value Those who belong to wildlife under special state protection shall be fined more than five times and less than fifteen times the value of wild animals and their products.
In violation of Article 31 of these Regulations, the use of names, nicknames, and patterns of prohibited wild animals and their products to make signs or recipes shall be corrected within a time limit by the county-level market supervision and management, urban management comprehensive law enforcement and other departments in accordance with the division of responsibilities; Those who fail to make corrections within the time limit shall be forcibly demolished according to law and imposed a fine of 10,000 to 30,000 yuan.
Article 46 [Centralized punishment if invoked] Violation of other provisions of these regulations shall be punished in accordance with relevant laws and regulations.
Chapter IX Supplementary Provisions
Article 47 [Effective Date] These Regulations shall come into effect on [end of report.]
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