Legislative: |
1.On June 24, 1998, by Presidential Decree No. 8700123980 (87) Hua Zong Yi Zi No. 8700123980, the Republic of China enacted and promulgated a total of 42 articles, which shall come into effect from the date of promulgation. 2.On May 17, 2000, by Presidential Decree No. 8900118420 (89) Hua Zong Yi Zi No. 8900118420, the Republic of China amended and promulgated Articles 2, 6, 8, 22, 24, 30, and 38. 3.On January 30, 2002, by Presidential Decree No. 09100017000 (91) Hua Zong Yi Zi No. 09100017000, the Republic of China amended and promulgated Articles 12, 16, 29 to 34, and 36 to 39, and additionally enacted Articles 8-1, 12-1, 12-2, and 30-1. 4.On April 14, 2004, by Presidential Decree No. 09300070971 Hua Zong Yi Zi No. 09300070971, the Republic of China amended Article 22 and added the title of Chapter VI and Articles 33 to 37. The original titles of Chapters VI and VII were renumbered as the titles of Chapters VII and VIII, respectively. The original Articles 33 to 42 were amended and renumbered as Articles 38 to 47. 5.On January 19, 2005, by Presidential Decree No. 09400004871 Hua Zong Yi Zi No. 09400004871, the Republic of China amended and promulgated Articles 30 and 38. 6.On July 4, 2007, by Presidential Decree No. 09600083751 Hua Zong Yi Zi No. 09600083751, the Republic of China amended and promulgated Article 29. 7.On November 24, 2010, by Presidential Decree No. 09900317091 Hua Zong Yi Zi No. 09900317091, the Republic of China amended and promulgated Articles 3, 4, 6 to 8-1, 13, 19, 23, 29, 30-1, 38, 39, and 41, and additionally enacted Articles 28-1, 29-1, and 45-1. On July 27, 2023, by the Executive Yuan Order tai-gui-zi No. 1125014346. Articles 2, 3 Paragraph 1, Paragraph 2, Paragraph 4, 4 Paragraph 1, Paragraph 3, 5 Paragraph 1, Paragraph 4, 6 Paragraph 2, 8 Paragraph 1, 8-1 Paragraph 2, 10 Paragraph 1, 11, 12, 12-1, 12-2 Paragraph 2, 13, 15, 16, 17 Paragraph 1, 18, 19, 20, 21, 22, 23 Paragraph 1, Paragraph 2, Paragraph 3, 24, 25, 26 Paragraph 1, 27 Paragraph 1, Paragraph 4, Paragraph 5, Paragraph 6, 28, 28-1 Paragraph 1, Paragraph 2, Paragraph 4, Paragraph 5, 29, 29-1, 30, 30-1, 31 Paragraph 1, Paragraph 2, 32 Paragraph 4, 33, 34, 35, 38 Paragraph 6, 39 Paragraph 1 Subparagraph 1, Subparagraph 5, Paragraph 2, Paragraph 3, 41 Subparagraph 3, 42 Paragraph 1, 43 Paragraph 1, Paragraph 2, 44, 45, 45-1, and 46, which fall under the jurisdiction of the "Council of Agriculture, Executive Yuan," shall be governed by the "Ministry of Agriculture" starting from August 1, 2023. |
Content: |
Chapter One General Provisions
Article 1
The Animal Industry Act (hereinafter referred to as the Act) is
drawn up for the purposes of preventing pollution and
facilitating the development of the animal industry. Matters not
specified herein shall be governed by other relevant laws and
regulations.
Article 2
The competent authority referred to in the Act shall be the Council of Agriculture, Executive Yuan on the central level, the Municipal Government on the municipal level, and the county (city) government on the county (city) level.
Article 3
The terms used herein are defined as follows:
1. Livestock: The cattle, sheep, horse, pig, deer and rabbit,
and other animals designated by the central competent
authority.
2. Poultry: The chicken, duck, goose and turkey, and other
animals designated by the central competent authority.
3. Animal farm: A place of raising livestock or poultry with an
operation scale up to that specified in Article 4 herein.
4. Slaughterhouse: A slaughter establishment set up according to
the Act, or approved or designated by the competent
authorities prior to the enforcement of the Act.
5. Breeding flock: Livestock or poultry for reproduction.
6. Breeding stock: Genetic materials of the breeding flock, such
as semen, ovum, egg, embryo, genes, or living creature
produced by modified genetic materials or transplanted
embryo.
7. Breeder: Business engaging in the raise, incubation,
improvement or reproduction of breeding flock or breeding
stock.
8. Breeding farm: A place where the raise, incubation,
improvement or reproduction of breeding flock or breeding
stock takes place.
9. Industrial organization: The academy, foundation, trade
association, farmer's association or cooperative that is
associated with the research, development, production and
supply & marketing activity of husbandry or veterinary
medicine.
Chapter Two Registration and Administration of an Animal Farm
Article 4
When an establishment that raises livestock or poultry has
reached a certain scale as specified by the central competent
authority, it shall apply for the registration of animal farm.
Where establishments that raise livestock or poultry of the same
species use the same water meter, electricity meter or drainage
outlet, or are located inside the same premises surrounded by
fence (wall), their operation scale shall be tallied in
combination.
The central competent authority shall specify the scale of
farming operation referred to in the first paragraph at the same
time when it designates livestock or poultry pursuant to the
subparagraphs 1 or 2 of Article 3 herein.
Article 5
The application for registration of an animal farm shall meet
the following requirements:
1. The person-in-charge or the key management of the farm shall
be a graduate of the department of animal husbandry,
veterinary medicine or livestock veterinary medicine of a
vocational school or above, or shall have received
professional training in livestock farming sponsored by any
government agency for more than one month, with the evidence
of course completion, or shall have more than two years’
practical work experience in onsite work with a certificate
issued by a village (town, city, or district) administration
office evidencing his or her qualification.
2. The land on which the farm operates shall be in the zoning
that allows the establishment of livestock/poultry farming
operation. The area of land used for the erection of
facilities shall not exceed eighty percent (80%) of the total
land area occupied by the farm. Buildings in the farm shall
have be granted the building license as required by law.
3. The farm shall be equipped with livestock waste treatment
facilities that meet the relevant regulatory requirements.
The preceding provision does not apply, if the farm shows
evidence that it has retained the service of a waste
treatment service provider approved by the competent
environmental protection authority, or the farm has
sufficient land to recover the environment from pollution of
livestock waste with the approval of the competent
environmental protection authority.
4. The principal facilities of the farm shall meet the standards
stipulated by the central competent authority.
Article 6
To apply for the registration of an animal farm, the applicant
shall fill out an application form, and attach a pollution
control plan that is reviewed and approved by the competent
environmental protection authority. The application shall be
submitted to the competent authority of the municipality or
county (city) where the establishment is located.
After being issued the use permit for the facilities, the farm
shall complete its construction within one year, or where it is
impossible to complete the same in a timely manner with
justified reasons, it may apply for an extension with the
competent authority of the municipality or county (city) where
the establishment is located for approval. Within three months
after its construction, the farm shall apply with the competent
authority of the municipality or county (city) where the
establishment is located for an on-site inspection. The
competent authority shall, within one month upon receipt of the
application, conduct the inspection together with the competent
environmental protection authority, and issue a registration
certificate if the farm conforms to the inspection requirements,
with a carbon copy of the notice to the central competent
authority and central environmental protection competent
authority of such issuance.
Article 7
The registration certificate of an animal farm shall state the
following particulars:
1. Name.
2. Person-in-charge and key management.
3. Address.
4. Size of area.
5. Primary facilities.
6. The kind of livestock or poultry raised, and the scale of
operation.
Article 8
Where there is any change to the registration items required by
any subparagraph of the preceding article, the farm shall
complete the application form for change of registration and
submit the same to the competent authority of the municipality
or county (city) where the establishment is located within one
month after the date of occurrence. After the approval of the
change of registration, the municipal or county (city) competent
authority notify the central competent authority and central
competent environmental protection authority of such change.
The provisions in Article 6 will apply mutatis mutandis in case
the farm builds new facilities or additions, make renovation,
take on major repair, relocate the animal quarters, change farm
address, or the kind of livestock or poultry raised, in oder to
expand the breeding scale.
Article 8-1
The following provisions shall apply to the farm that has
received the farm registration certificate, but for some reason
suspends, closes up or goes back to business.
1. The farm that suspends it business shall fill out a report on
suspension of business and submit the same, together with the
farm registration certificate, to the competent authority of
the municipality or county (city) where the establishment is
located within one month as of the date of occurrence, in
order to request the competent authority to revoke the farm
registration certificate and render it null and void.
2. The farm that has closed down business for more than six
months and less than one year shall fill out a report on
closure of business and submit the same to the competent
authority of the municipality or county (city) where the
establishment is located for future reference within one
month as of the date of occurrence. The same procedure
applies when the farm goes back to business.
3. The farm that has closed up its business for more than one
year and whose primary farming facilities at the premises
have been removed will be considered as good as suspending
business. Suspension of business should be carried out in
accordance with the provisions of the subparagraph 1. Where
the farm fails to do so, the competent authority of the
municipality or county (city) where the establishment is
located shall revoke the farm’s registration certificate and
render it null and void.
4. The farm, which is unable to go back to business for a proper
reason before the period of closure of business comes to an
end, may apply with the competent authority of the
municipality or county (city) where the establishment is
located for approval to extend the time limit of the period.
This application may be filed for no more than once, and the
extension shall be no more than one year.
Regarding situations stated in the subparagraphs of the
preceding paragraph, the competent authority in the
municipalities or county (city) shall notify the central
competent authority and central environmental protection
competent authority of such issuance.
Article 9
A farm shall be staffed with a veterinarian or has a contracted
veterinarian who is responsible for the sanitation management of
the farm. Where the disease incidence of livestock or poultry
on the farm reaches ten percent (10%) or higher, the
veterinarian shall report to the local competent authority
within twenty-four hours.
Article 10
The competent authority may, together with other authorities
concerned, inspect the operation scale, farming facilities,
disease control facilities, and relevant records of a farm or a
livestock/poultry raising establishment. The farm or said
establishment shall not evade, interfere with, or refuse such
inspection without due causes.
Said inspectors shall present their identification certificates
when carrying out their duty.
Article 11
The competent authority shall set up a unit or personnel
dedicated to providing guidance to farms on pollution control.
Chapter Three Regulation of Breeding Flock and Breeding Stock
Article 12
New breed or new strain of breeding flock or breeding stock
discovered, incubated or brought in from abroad shall be
registered with the central competent authority before it can be
promoted or marketed.
Breeders who fail to pass the review as described in the
preceding paragraph may put forward reasons to apply with the
central competent authority for a second review within two
months from the date following the day when the review result is
received.
After the registration of the breeding flock or breeding stock
has been reviewed and made public, anyone who thinks that the
documents presented by the applicant in accordance with
provisions of registration application are not in keeping with
realities, and who can present concrete evidence, may fill out
the objection application form within three months from the date
of the public announcement, state clearly the reasons, attach
the documents in question and raise an objection to the central
competent authority. When the objection is being reviewed, the
reviewing committee may send for the applicant to express his
opinions. After the objection is reviewed, the result has to be
made in the form of a review booklet, in which the reasons are
stated clearly, and the committee shall notify the applicant as
well as the one who objects. Once the objection goes valid, the
registration shall be revoked in a public announcement.
Breeders shall apply with the central competent authority for
registering the breed or strain promoted or marketed prior to
the enforcement of the Act.
Article 12-1
Breeding flock or breeding stock involving the transfer of
genetic materials shall undergo field tests and creatures'
safety assessment before it can be promoted and made use of. The
regulation measures on the transfer of genetic materials will be
set forth by the central competent authority.
Article 12-2
When more than two applicants apply for registration
individually with the same or similar names for new breed or new
strain of breeding flock or breeding stock, the one who files
the application first will be allowed to register, Where both
applicants file the applications on the same day and there is no
telling who comes first, the matter will be settled through
negotiation among the individual applicants and the registration
goes exclusively to one person. When no negotiation avails, the
matter will be settled by drawing lots.
When more than two breeders apply for registration individually
with the same or similar names for the breed or strain promoted
or marketed prior to the enforcement of the Act, the precedence
will be decided by the central competent authority on the basis
of how it is discovered or incubated as well as a report of how
it is raised.
New breed or new strain of breeding flock or breeding stock
incubated or discovered by an employee shall be registered with
the name of the employer unless it is otherwise specified in the
contract.
Article 13
Breeders shall carry out pedigree registration with the central
competent authority for the registered breed or strain described
in Article 12 if it is so designated by the same authority.
Article 14
Breeders who are required to carry out pedigree registration for
the breeding flock raised by them shall carry out pedigree
registration for their male breeding flock and more than half of
their female breeding flock.
Article 15
The facilities of breeding farm shall meet the standards set
forth by the central competent authority.
Article 16
Breeding flock or breeding stock that has entered the pedigree
registration shall be subjected to the periodic follow-up and
inspection of the competent authority, and those who fail the
inspection will have their registration revoked.
Article 17
The competent authority may dispatch inspector to examine or
test the breeding flock, breeding stock, facilities, pedigree
registration and related records of breeders, and the breeders
shall not evade, interfere with or object to such examination or
testing without due causes.
Breeding flock or breeding stock found to have contracted
notifiable disease or have hereditary disease during said
examination or testing shall be banned from breeding.
Said inspectors shall present their identification certificates
when carrying out their duty.
Article 18
Breeding flock or breeding stock having hereditary disease,
which might be harmful to human health as deemed by the
competent authority, shall be destroyed by an agency designated
by the central competent authority. The central competent
authority shall also compensate the owner of the flock or
breeding stock destroyed, and the amount of compensation shall
be assessed by a body comprised of representatives from
government agencies concerned, industrial organizations, experts
and scholars under the invitation of the central competent
authority.
Article 19
Breeding flock or breeding stock that have been designated by
the central competent authority shall obtain the approval
document of the same authority before it can be imported or
exported.
Article 20
The central competent authority may commission research
institutes or private organizations to engage in collection,
appraisal, preservation and research for the purpose of
preserving breeding flock resources and improving the
performance of livestock or poultry.
Article 21
The central competent authority may conduct periodic assessment
of the breeders, and reward outstanding breeders.
Chapter Four Regulation and Guidance of Production and Marketing
Article 22
The central competent authority shall draw up annual livestock
production goal. Municipal and county (city) competent
authorities shall formulate the annual livestock production plan
on the basis of said goal, and provide guidance to farms,
industrial organizations and farmers to carry out production and
marketing accordingly.
To promote the development of a healthy dairy industry and to
facilitate sound marketing system of the dairy products, the
central competent authority shall set the related regulations
and enforcement procedures governing the dairy industry.
Article 23
For the purpose of stabilizing the production and marketing of
livestock and poultry, the central competent authority may
specify the kind of livestock or poultry and announce regulating
measures with regard to the following particulars:
1. The heads of livestock or poultry raised by individual farm.
2. The heads of livestock or poultry the wholesale produce
market may accept from the suppliers.
3. The ratio of domestic sale and export of livestock or poultry
produced by large-scale farms.
4. Temporarily suspending acceptance of farm registration or
applications for construction of new farms, additional
buildings of farm facilities and expansion of the breeding
scale.
5. Other necessary items.
The central competent authority will carry out the regulating
measures referred to in the preceding paragraph, which should be
publicly announced.
Those who have obtained farm facility permits before the public
announcement by the central competent authority are not covered
by the announcement referred to in the preceding paragraph.
The temporary suspension pursuant to Subparagraph 4, Paragraph 1
shall be no more than one year, which may be extended if
necessary.
Article 24
The competent authority shall provide guidance to farms to join
the membership of the provincial (city) or national industrial
organization that coordinates the marketing of their production,
and observe the production and marketing operations set up by
said organization. The competent authority will not provide
guidance to non-member farms or farmers.
An industrial organization may charge farms and
livestock/poultry raising establishment necessary fees for the
marketing service it provides. The fee schedule will be set by
said organization, subject to the approval of the municipal
competent or county (city) authority, if the organization is a
local organization, or the approval of the central competent
authority, if the organization is a national organization.
Article 25
For the sake of effective implementation of the livestock
production and marketing system and promoting the development of
the animal industry, the central competent authority shall
donate a reserve fund for the establishment of National Animal
Industry Foundation, and establish the regulations for the
establishment.
Article 26
The funding resources for the establishment of the National
Animal Industry Foundation shall originate from:
1. Appropriation of the central competent authority.
2. Donation of the industrial organizations.
3. Other donations.
Article 27
The businesses of the National Animal Industry Foundation
includes:
1. When the production and marketing of livestock/poultry
products are out of balance, coordinating among industrial
organizations or farms to draw up response measures and
implementing the same upon approval of the central competent
authority.
2. Providing information on the supply and demand of important
livestock materials, such as feeds and animal medications.
3. To stabilize the prices of important livestock/poultry
product, coordinating among farmers' organization or farm
product wholesale market to buy and sell in the wholesale
market, or engage in joint transportation and sale of that
particular livestock product.
4. Upon the commission of the central competent authority,
coordinating among industrial organizations, farms,
livestock/poultry raising establishment, merchants, and
consumer representatives that are associated with a
particular livestock product to set the production quantity
and appropriate prices of said product.
5. Assisting industrial organizations to carry out the relevant
policy set forth by the central competent authority.
6. Carrying out other matters as commissioned by the central
competent authority.
7. Making suggestions with regard to livestock/poultry
production and marketing.
Article 28
The National Animal Industry Foundation may charge a fee for the
service it provides. The charge standards shall be set forth by
the Foundation and subject to the approval of the central
competent authority.
Article 28-1
To stabilize the production and marketing of livestock and
poultry, the central competent authority shall establish
livestock and poultry funds according to actual industry needs.
The central competent authority may ask participating breeders,
members of various livestock and poultry groups, and business
owners to pay regulatory fees of not more than 0.04% of
livestock and poultry prices.
The central competent authority shall determine the terms of
payment of the regulatory fees, calculation basis, actual
payment rates, payment deadlines, and scope of payment.
Fund management committees for both of the livestock and poultry
industries need to be established with several members to take
care of the balance of payments, custody and use of the funds
referred to in Paragraph 1.
The central competent authority has to appoint a government
agency or a group to collect on its behalf the regulatory fees
referred to in Paragraph 1.
The central government authority shall draw up a budget for
subsidies if the industry fund is temporarily suspended due to
the following reasons:
1. Pandemic or calamity in the country
2. Severe imbalance in production and marketing
3. Other force majeure factors making the collected regulatory
fees inadequate.
Chapter Five Management of Livestock and Poultry Slaughter
Article 29
The slaughtering of pig, cattle, goat or other livestock or
poultry as designated by the central competent authority for
human consumption shall be carried out in a slaughterhouse,
unless the central competent authority otherwise designates it.
The person in charge of the slaughterhouse mentioned in the
preceding paragraph shall apply with the central competent
authority for meat inspection. The central competent authority
and the central health competent authority shall be responsible
for regulations governing application procedures, documentation,
inspection procedure, steps and methods, tethering, missing,
isolated slaughter, emergency slaughter, determining
qualification, condemning carcasses, handling of viscera,
veterinary instructions, cessation of slaughter inspection, and
other compliance requirements.
The central competent authority may conduct the meat inspection
mentioned in the preceding paragraph by themselves, or by
commissioning a proprietary organization, or a qualified
practicing veterinarian.
Said inspection, if carried out by a commissioned organization
or veterinarian, shall be under the supervision and evaluation
of the central competent authority. Personnel commissioned to
carry out the inspection, testing and issuance of certificate
shall act in the capacity of a public official and assume
responsibility thereof.
The central competent authority shall prepare the budget for the
meat inspection pursuant to Paragraph 2 of this Article, but
shall charge the slaughterhouses at the rates set by the central
competent authority for the inspection hours exceeding the
regular office hours of government.
Article 29-1
In accordance with the Paragraph 3 of the preceding article, the
veterinarian dispatched by the central competent authorities, or
commissioned or employed by a proprietary organization
commissioned by the central competent authorities, should pass
the training and receive a certificate issued by the central
competent authorities or the commissioned training institution
Article 30
The application for establishing a slaughterhouse shall be filed
with the central competent authority via the competent authority
of the municipality or county (city) where the establishment is
located. The establishment will then be subjected to the joint
inspection of the central competent authority together with the
central industrial administration and environmental protection
authority, and receives a registration certificate if it passes
the inspection. The central competent authority shall set
forth the documents to be provided, procedure to follow,
procedure of review, issuance of the document that approves
establishment, period of time, application for the joint
inspection and ensuing review, issuance of the slaughterhouse
registration certificate and contents of the certificate.
The slaughterhouse shall meet the Establishment Standards for
Slaughterhouse set forth jointly by the central competent
authority as well as the central industrial and environmental
protection authority.
The slaughterhouse shall comply with the Requirements for
Slaughter Operation set forth by the central competent
authority.
Article 30-1
If the construction of a registered slaughterhouse is for some
reason forced to be suspended for less than a month, the person-
in-charge shall fill out a report on suspension and resumption
of work five days prior to the suspension of construction, and
apply with the central competent authority via the municipal or
county (city) competent authority for future reference.
If the business of a registered slaughterhouse is for some
reason forced to be suspended for more than one month and less
than one year, the managerial personnel shall fill out a report
on suspension of business ten days before its business is
suspended, and deliver it to the central competent authority via
the municipal or county (city) competent authority for future
reference. When a slaughterhouse is ready to go back to
business, the managerial personnel shall fill out a report on
resumption of business ten days before the business is resumed,
provide the documents as designated in Paragraph 2, Article 29
herein, and deliver it to the central competent authority via
the municipal or county (city) competent authority for approval
before its business can be resumed.
If the business of a registered slaughterhouse is closed up for
some reason, the managerial personnel shall fill out a report on
closure of business and deliver it together with the
slaughterhouse registration certificate to the central competent
authority via the municipal or county (city) competent authority
for revocation.
A slaughterhouse whose business has been suspended for more than
one year will be regarded as good as closing up business. The
registration certificate should be revoked. If the managerial
personnel fails to turn it in for revocation, it will be revoked
directly by the central competent authority in a public
announcement.
Article 31
In order to protect consumers' rights, the competent authority
may enter the slaughterhouse or other buildings in order to
inspect the slaughter facilities and operation. The owner or
managerial personnel shall not evade, interfere with, or object
to such inspection without due causes.
If there is any evasion of, interference with or objection to
said inspection, the competent authority may carry out the
inspection compulsorily.
The inspectors mentioned in the first paragraph shall present
identification certificates when carrying out their duty.
Article 32
Carcasses or viscera that were not inspected or were condemned
after inspection shall not be cut, processed, transported,
stored or sold for human consumption or with the attempt to
provide it for human consumption.
The owner or managerial personnel of said carcasses or viscera
shall, under the instruction of Veterinary Meat Inspector or
other authorized inspectors, dispose of the carcasses or viscera
by incineration, rendering or other necessary measures.
The carcasses or viscera mentioned in the first paragraph are
assumed to be for human consumption or with the attempt to
provide it for human consumption unless they are proved to be
otherwise.
Carcasses, viscera or their packaging containers that were
inspected and passed shall be marked with the "INSPECTED AND
PASSED" labelling, the slaughterhouse code and slaughter date
before they are shipped out of the premises. The "PASSED"
labelling and the way it is marked will be prescribed by the
central competent authority.
Chapter Six Management of the Dairy Industry
Article 33
The municipal or county (city) competent authority may conduct
irregular or random test of raw milk quality and the result of
which shall be filed with the central competent authority.
Article 34
When necessary, the central and municipal or county (city)
competent authority may ask the dairy product manufacturers to
submit information concerning the source and the quantity of raw
milk collected, and the inventory of the dairy products. The
manufacturers shall not refuse to submit said information.
The central and municipal or county (city) competent authority,
in collaboration with hygienic, environmental, and consumer
protection authorities, shall examine said information. Dairy
product manufacturers must not evade, hinder or refuse without
due causes. The inspectors shall show their identification
certificates when carry out their duty.
Article 35
The National Animal Industry Foundation may organize a raw milk
price appraisal committee to set the acquisition price for
reference by the dietary manufacturers. The price shall be
reported to the competent central authority and announced upon
approval of the competent central authority.
The central competent authority shall designate or establish a
raw milk testing laboratory to provide the basis for settlement
of the dispute over the raw milk quality between milk producers
and dairy product manufacturers.
Article 36
In order to balance the production and marketing of cow's milk
and goat's milk, the municipal or county (city) competent
authority shall assist milk producers and dairy product
manufacturers to enter a raw milk supply and purchase contract.
The milk quantity items involved in such contract shall be
reported to the local authority for future reference.
Article 37
Manufactured and/or imported dairy products which are covered by
the National Standard (CNS) shall be regulated by the CNS rules
concerned.
Chapter Seven Penalty Clauses
Article 38
Offenders meeting any of the following conditions shall be
subjected to a fine of more than NT$100,000, but less than NT
$500,000:
1. In violation of the provisions in Article 12-1 herein for
engaging in promoting and making use of the breeding flock or
breeding stock that has not undergone any field test,
creatures' safety assessment and involving the transfer of
genetic materials without due permission.
2. In violation of the provisions in Paragraph 1 of Article 29
herein for engaging in livestock slaughter operations outside
a slaughterhouse privately, or inside a slaughterhouse
without livestock inspection referred to in Paragraph 2 of
the same article.
3. In violation of the provisions in Paragraph 1 of Article 32
for cutting, processing, transporting, storing or selling
livestock carcasses or viscera that were not inspected or
were condemned after inspection for human consumption or with
the attempt to provide it for human consumption.
4. Intentionally misleading people into believing it has passed
slaughter inspection by adding markings or labels other than
the “Pass” labelling on the carcass, viscera or packaging
materials specified in the preceding subparagraph.
5. In violation of the provisions in Article 37 for
manufacturing or importing dairy products against CNS.
Offenders meeting any of the following conditions shall be
subjected to a fine of more than NT$20,000, but less than NT
$100,000:
1. In violation of the provisions in Paragraph 1 of Article 29
herein for engaging in poultry slaughter operations outside a
slaughterhouse privately, or inside a slaughterhouse without
poultry inspection referred to in Paragraph 2 of the same
article..
2. In violation of the provisions in Paragraph 1 of Article 32
for cutting, processing, transporting, storing or selling
poultry carcasses or viscera that were not inspected or were
condemned after inspection for human consumption or with the
attempt to provide it for human consumption.
The penalty imposed on those who commits offence mentioned in
the subparagraphs 1 to 3, and 5 of Paragraph 1, where severe
harm is done to human health, is a prison term of not more than
three years or a fine of not more than NT$300,000.
The penalty imposed on those who commits the offence mentioned
in Paragraph 2, where there is severe harm done to human health
or re-offenders is a prison term of not more than one year or a
fine of not more than NT$100,000.
The penalty shall be imposed on the offender who commits the
offence mentioned in Paragraphs 3 and 4 in the execution of
business, while the corporation or natural person who employs
said offender shall also be subjected to a penalty stipulated in
the preceding paragraph.
In the condition referred to in the subparagraphs 2 and 3 of
Paragraph 1, or Paragraph 2, the central competent authority may
confiscate said carcasses and viscera without asking who owns
them.
Article 39
Offenders meeting any of the following conditions shall be
subjected to a fine of more than NT$30,000, but less than NT
$150,000:
1. Failing to reach the raising scale specified by the central
competent authority and livestock and poultry raisers who
have not obtained farm registration permits in accordance
with Article 6.
2. Registered farms which have not established livestock/poultry
waste treatment facilities, pollution treatment facilities or
outsourced waste treatment in accordance with the
subparagraph 3 of Article 5 herein, or whose
livestock/poultry waste treatment facilities or other major
farming facilities are found failing to meet the standards
specified in the subpararaph 3 or 4 of Article 5 herein.
3. Failing to comply with the provisions stipulated in Paragraph
2 of Article 8 herein by expanding farming scale without
going through due process.
4. Failing to apply for resumption of business in accordance
with Article 8-1 herein.
5. Violate the regulation measures specified by the central
competent authority in Article 23 herein.
6. Slaughterhouses found in violation of the provisions in
Paragraph 2 of Article 29 concerning regulations on
tethering, detention, isolated slaughter, emergency
slaughter, condemned carcasses, handling of viscera,
veterinary instructions, and other compliance requirements.
7. Slaughterhouse found in violation of the Establishment
Standards of Slaughterhouse or Requirements for
Slaughterhouse Operations specified in Paragraph 2 or 3 of
Article 30 herein, especially those concerning environment,
buildings, facilities, equipment, sample inspection, hygiene
and sanitation procedures, slaughter operations, employee
health and hygiene requirements, disposal of condemned
carcasses and viscera, quality of water supply, or provision
of data.
8. In violation of the provisions in Paragraph 2 of Article 32
herein for failing to dispose of the condemned carcasses or
viscera by incineration, rendering or other necessary
measures as instructed by the Veterinary Meat Inspector or
other authorized inspectors.
9. The slaughterhouse which fails to mark carcasses, viscera or
their packaging container that have passed the meat
inspection with relevant statements in accordance with the
provisions specified in Paragraph 4 of Article 32 herein.
10. Failing to apply for livestock and poultry breeding
registration in accordance with Paragraph 2 of Article 43
herein.
11. In violation of the provision in Paragraph 2 of Article 43
herein regarding expansion of the scale of breeding
operations, or failing to dispose of dead livestock and
poultry carcasses in accordance with the Disposal Plan for
Dead Livestock and Poultry Carcasses.
In the event of the situation described in the subparagraphs 1
through 5, 10, or 11 of the preceding paragraph, the competent
authority shall impose the fine as stipulated in the preceding
paragraph and order the offender to take corrective actions
within specific time limit. When the offender fails to do so, a
separate fine will be imposed for each violation. In the event
of the situation described in the subparagraphs 2, 3, or 11 of
the preceding paragraph, offenders which have not improved after
being fined for three times will have their farm registration
certificates or breeding registration certificates revoked and
rendered null and void.
In the event of the situation described in the subparagraphs 6
through 9 of Paragraph 1, the central competent authority shall
impose the fine as stipulated in Paragraph 1, and order the
offender to take corrective actions within specific time limit.
Where the offender fails to do so, a separate fine shall be
imposed for each violation until corrective actions have been
taken, or the slaughter operation of the offender shall be
suspended in part or in whole. Slaughterhouses that have been
ordered for suspension but continue their slaughter operations
shall have their registration certificates revoked and rendered
null and void.
Those which violate the provisions in the first half of the
subparagraph 2 or the latter half of the subparagraph 11 of
Paragraph 1, for providing dead condemned carcasses for human
consumption shall be fined more than NT$60,000 and less than NT
$300,000. Re-offenders will have their breeding certificates and
farm registration certificates revoked and rendered null and
void.
Article 40
Offenders meeting the following conditions shall be subjected to
a fine of more than NT$20,000, but less than NT$100,000:
1. In violation of the provisions in Paragraph 1 of Article 12
herein for promotion or sale without permission.
2. In violation of the provisions in Paragraph 2 of Article 17
herein.
3. In violation of the provisions in Article 19 herein for
importing or exporting breeding flock or breeding stock
without permission.
Article 41
Offenders meeting any of the following conditions shall be
subjected to a fine of more than NT$10,000, but less than NT
$50,000:
1. The farm failing to file the application as required in
Paragraph 1 of Article 8, and Article 8.1 herein in the event
of suspension or closure of business, or change of
registration status.
2. In violation of the provisions in Paragraph 2 Article 43
regarding changes in registration or application for
suspension of business.
3. Evading, interfering, or objecting without due causes, or
making false representation or giving inflated fees in the
inspection of the competent authority authorized by the
provisions specified in Paragraph 1 of Article 10, Article
16, Paragraph 1 of Article 17, or Paragraph 1 of Article 31,
or Paragraph 1 and Paragraph 2 of Article 34 herein.
4. The farm or veterinarian in violation of the provisions
specified in Article 9 herein.
5. In violation of the provisions in Article 13 or 14 herein.
6. In violation of the facilities requirements specified in
Article 15 herein.
7. Failing to accept the assessment of the competent authority
in accordance with the provisions in Article 21 herein.
8. Failing to pay fees in accordance with the provisions in
Article 28.
9. Failing to pay the market regulation fees in accordance with
Paragraph 1 of Article 28-1 or violating the payment deadline
referred to in Paragraph 2.
Article 42
The fines stipulated in the Act herein shall be imposed by
municipal or county (city) competent authority, but where the
central competent authority finds the offences against the
provisions in Chapter Five herein on Regulation of Livestock and
Poultry Slaughter, the central competent authority shall impose
the fine.
Offenders shall pay up the penalty imposed in accordance with
the Act herein within prescribed period of time. Those who fail
to do so shall be brought to justice and subject to a compulsory
execution.
Chapter Eight Supplemental Provisions
Article 43
The farm that has received registration certificate prior to the
enforcement of the Act shall, within two years from the date of
the enforcement of the Act, apply with the central competent
authority for re-issuance of the certificate; otherwise, the central competent authority may annul its existing registration
certificate.
The livestock or poultry farm that has reached the scale
specified in Article 4 herein prior to the amendments to the
Act, but fails to receive a registration certificate shall apply
for the livestock or poultry registration. The relevant
registration management regulations shall be established by the
central competent authority.
Any person who wishes to operate a farm on public land may apply
with the competent authority of said land for lease of the
public land for livestock farming operation.
Article 44
Slaughterhouses set up prior to the enforcement of the Act
herein shall apply for registration certificate as required
within two years from the date of the enforcement of the Act.
Those that have received factory registration certificate shall
apply with the central competent authority for re-issuance of
registration certificate within two years from the date of the
enforcement of the Act. Where they fail to do so within said-
noted time limit, the central competent authority shall notify
the central industrial administration authority to annul their
factory registration certificates.
Article 45
The competent authority may charge registration fee and
certificate fee for processing application for the registration
of a farm or a slaughterhouse. The central competent authority
shall prescribe the fee schedule.
Article 45-1
The Act has been promulgated by the central competent authority
and should be publicly announced and published in government
bulletins.
Article 46
The central competent authority herein shall set forth the
enforcement rules of the Act.
Article 47
The Act shall be come into force from the date of promulgation.
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