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Chapter 1 General Principles
Article 1
This Statute is established to prevent the occurrence,
contagion and spread of infectious animal disease. Other
pertinent laws are applicable for issues not specified within
this set of Statute.
Article 2
Hereupon, the Council of Agriculture, Executive Yuan is referred
to as the central competent authority; municipal government is
referred to as the municipal competent authority; and county
(city) government is referred to as the county (city) competent
authority.
The animal health inspection authority as mentioned hereupon
refer to authorities and district offices (cities and towns)
established by the respective authorities concerned at different
government levels in accordance with Paragraph 2 of Article 8.
When issues of authority concern the public health, the
authorities concerned shall take action in collaboration with
the public health authorities.
Article 3
Hereupon, “prevention and control” will shall include matters
relating to prevention, inspection, and quarantine, etc.
Article 4
The animals mentioned hereupon refer to bovines, water buffaloes
, horses, mules, donkeys, camels, sheep, goats, rabbits, pigs,
dogs, cats, fowls, turkeys, ducks, geese, eels, prawns, tilapia,
milkfish, salmons, trout, and other animals as specified by the
central competent authority.
Article 5
The objects subjected to quarantine as mentioned hereupon refer
to the animals mentioned in Article 4 and other animals of
similar breeds, or animals which can be affected by infectious
animal diseases, and their carcasses, bone, flesh, internal
organs, fats, blood, hide, hair, feather, horns, hooves, tendons
, milk, blood powder, eggs, sperm, embryos, and other objects
which could spread animal epidemic disease.
Article 6
With regards to infectious animal diseases as mentioned in this
set of statute, the central competent authority officially
divided them into Types A, B and C.
To prevent the occurrences, contagion and spread of infectious
animal diseases, the municipal and county (city) competent
authority can order an infectious animal disease other than
those mentioned above and apply part or all of the statute
cited here.
Article 7
Hereupon,“suffering from infectious animal diseases”refers to
animals which have been diagnosed to be infected with infectious
animal diseases after they have signs of sickness.
On the other hand,“suspected of suffering from infectious
animal diseases” would refer to animals which have signs of
sickness, and are thought to be possibly suffering from
infectious animal diseases, before they are actually diagnosed.
Also,“possibly contacted with infectious animaldiseases” would
refer to animals which have directly or indirectly contacted
with animals suffering or suspected of suffering from infectious
animal diseases,and have no signs of sickness but possibly have
contacted with the infectious animal diseases according to
scientific conclusions based on epidemiological data.
Article 8
The respective authorities concerned at different government
levels shall be staffed with animal health inspection personnel
who are qualified veterinarians.
Governments of municipal cities and counties (cities) shall
establish animal health inspection authorities; the central
competent authority shall establish an animal health inspection
and quarantine agency; when necessary, a central veterinary
research institute should be established.
Quarantine units for import/export animals shall be staffed with
animal quarantine personnel who are qualified veterinarians.
In case of emergency prevention and control of infectious animal
diseases, the respective authorities concerned at different
governmental levels should send animal quarantine personnel or
animal health inspection personnel within their direct
jurisdiction for the implementation of emergency prevention and
control.
Article 9
For the necessity of inspection, animal health inspection
personnel shall enter places for raising animals, warehouses and
related places, vehicles, vessels and aircraft to check animals,
animal products or their packaging containers and related
objects. Investigation of relevant data and persons involved
shall be carried out, and all persons or related persons must
not evade, interfere or refuse.
For the necessity of quarantine, animal quarantine personnel
shall conduct inspection of any unloaded animals, animal
products and their packing, containers, cargoes, postal parcels,
luggage, vehicles, vessels, aircrafts and deposit sites or the
dispatch entrepots, which are potentially introducing animal
diseases or pathogens. The owners or related persons must not
evade, interfere or refuse.
All persons or related persons evading, interfering or refusing
the investigation in paragraphs 1 and 2 of this Article, the
inspection and quarantine personnel may be forced to execute the
actions above.
Article 10
When animal health inspection and quarantine personnel are
implementing measures of prevention and control, personnel of
relevant agencies shall provide the necessary assistance and
coordination.
Article 10-1
Authorities concerned shall grant reward to anyone informing
against measures of animal disease prevention and control.
Regulations governing the granting of the above reward shall be
prescribed by the central competent authority.
Article 11 Deleted.
Chapter 2 Prevention
Article 12
The owners and keepers of animals shall report to the animal
health inspection authorities when their animals are suffering,
or suspected of suffering from infectious animal diseases; or
when their animals die of unknown causes. If this happens in the
course of transportation, the person in charge of the
transportation shall report to the animal health inspection
authority of the original stop. Upon receiving the report, the
particular animal health inspection authorities shall send their
animal health inspection personnel to check the carcasses and
give instructions on burning, burying or disinfecting the
carcasses, and other imperative treatment. When requested by the
owners or keepers of animals concerned, a certificate of
disposal shall be provided.
The above Paragraph does not apply if the animals are raised by
households as a subsidiary means of income and the total number
of dead animals is less than 10.
The animals mentioned above may include chickens, turkeys, ducks
, geese, and wild animals of similar breeds. When they die of
sicknesses, the owners must dispose of the carcasses by
themselves. However, in case of an epidemic, the municipal or
county (city) competent authority concerned of shall specify the
name of the infectious animal disease and the animal species
, and be alert to announce the approaches to take. The county
(city) competent authority shall also report the matter to the
central competent authority.
When the owners dispose of the carcasses by themselves according
to the above Paragraph, the ways must be burning, burying or
disinfection. Selling and the arbitrary disposal of carcasses
from the death of illness is prohibited.
Article 12-1
The central competent authority shall set up a system to manage
owners or users of biomaterials related to infectious animal
diseases specified and announced as such by the central
competent authority.
Owners/users of infectious biomaterials shall comply with the
advice and inspection of various competent authorities without
evasion, interference or objection.
Regarding the first paragraph of this article, the sort of
infectious biomaterials, qualifications of owner or users,
laboratory biosecurity protocols, information to be submitted
to the authorities, and other protocols for compliances shall
be stipulated by the central competent authority.
Article 12-2
Regarding the infectious animal diseases specified and announced
by the central competent authority, specimen testing and
reporting as well as disease confirmation shall follow the
protocol below:
1.Testing and reporting: testing shall be conducted by the
central competent authority, or a governmental, academic or
research institute with accredited proficiency testing;
testing reports shall be submitted to both the local
(municipal, county or city) and the central competent
authorities.
2.Confirmation: The above test report shall be verified by an
accredited proficiency testing governmental institution of the
central competent authority. Once the test result of the
above specified infectious animal disease is confirmed, the
central competent authority shall make a public announcement.
Qualifications for accredited proficiency testing institutions,
and academic or research institutes, supervision and
certification of their status, and other protocols are to be
stipulated by the central competent authority.
Article 13
To prevent and control the occurrence of the infectious animal
diseases, authorities concerned of municipal cities and counties
(cities) shall order animal health inspection personnel to
implement such prevention and control measures as physical
examinations of animals, immunizations, vaccinations, medicinal
bath or other medical treatments. Moreover, for animals and
places that have been treated by these measures, marks, labels
or certificates should be attached. If necessary, authorities
concerned of municipal cities and counties (cities) shall
commission veterinary practice licensees to implement those
measures. Animal owners and keepers shall not intentionally
damage and counterfeit the marks, labels or certificates as
mentioned above.
Depending on types of infectious animal diseases, authorities
concerned of municipal cities and counties (cities) shall order
animal owners and keepers to employ veterinary practice
licensees to implement the measures mentioned in the above
Paragraph or to implement under the guidance of veterinary
practice licensees.
As animal owners or keepers unwilling and can not implement the
measures provided under the above Paragraph, the municipal or
county (city) competent authority should collect payment for
labor cost for animal health inspection personnel or veterinary
practice licensees to implement those measures. The standard of
payments shall be prescribed by the municipal or county (city)
competent authority.
In order to implement the measures provided under Paragraph 1
and Paragraph 3, animal owners or keepers shall follow the
instruction of animal health inspection personnel or
commissioned veterinary practice licensees in controlling the
movement of animals and provide other necessary assistance
without avoidance, refusal and interference thereof.
Ten days before implementing the measures provided under
Paragraph 1 and Paragraph 2, the municipal or county (city)
competent authority shall announce the aims of implementation,
dates, areas, methods, animal species, and other relevant
objects. However, in case of an emergency, the period of
announcement should be shortened or implementation be
administered freely.
Article 13-1
To eradicate specific infectious animal diseases, the central
competent authority should announce the types of vaccine,
time of administration, attached label, relevant documents,
movement restraint and other control measures. Animal owners
or keepers, veterinarians, veterinary aides and veterinary drug
dealers shall obey and execute regulations as listed above.
Regulations governing the administration, labeling, application,
control, terms and other relevant objects of vaccination
provided under previous Paragraph of this Article shall be
prescribed by the central competent authority based on the
animal species and infectious animal diseases.
Article 14
To prevent and treat the occurrences of infectious animal
diseases, the municipal or county (city) competent authority
shall specify areas when necessary, and order animal owners and
keepers to sterilize rearing area and facilities, improve the
rear environment, animal isolation, and eliminate the media for
spread of diseases.
To prevent the spread of infectious animal diseases, animal
transport service providers shall carry out cleaning and
disinfection of transport vehicles as well as animal-carrying
boxes and cages.
Cleaning and disinfection measures, as mentioned above, carried
out by animal transport service providers are to be announced
by the central competent authority.
Raw poultry eggs shall be transported only in disposable
containers or single-use packing materials.
Article 14-1
A major zoonotic disease publicly announced according to
Paragraph 2 of Article 17 could spread by poultry, such as
chickens, ducks, geese or turkeys, the central competent
authority may ban the display and sales of such live poultry in
the retail market.
Article 15
For animals suffering or suspected of suffering from the
infectious or unknown diseases, the municipal or county (city)
competent authority should order animal owners or keepers to
offer animals for necropsy by animal health inspection personnel.
Carcasses following necropsy, shall be returned to the owners
and keepers, and burned or buried under the supervision of the
animal health inspection personnel.
Article 16
Rendering plants for animals’remains shall record the sources
and amounts of animal carcasses, and the amounts of their final
products. The records shall be kept for at least two years.
Rendering plants shall set disinfection facilities and
equipments to perform sterilization, the sanitation and safety
of the plant shall be supervised by certified veterinarians.
Vehicles used for transportation of raw material shall be
equipped with disinfection tools and closed systems for
prevention from leakage. The vehicles shall be certified by the
local animal health inspection authority through application by
rendering plant or transportation company.
The central competent authority shall regulate the methods for
the installation of disinfection facilities and equipments
mentioned above, items, disinfection methods and procedures,
contracted rendering, limitation of usage of rendering sources,
report, inspection, approval and grant the qualified
certificates for vehicles, expiration date, the presenting of
places for the certificates on the vehicles, certificates
replacement, abolishment of the certificates, random inspection,
reporting obligation and related matters.
Chapter 3 Epidemic Control
Article 17
In the line of duty, upon finding an animal suffering from,
suspected of suffering from, or possibly having contracted a
Type A infectious animal disease defined in Paragraph 1 of
Article 6, or an infectious animal disease of Type B or C with
the major zoonotic characteristic, a veterinarian or a
veterinarian's aid shall report to the local animal health
inspection authority within 24 hours. Upon receiving the report,
the local animal health inspection authority shall take
necessary measures and notify the central competent authority.
In cases involving major zoonotic infectious animal diseases,
the central competent authority shall immediately give notice to
the central health competent authority.
Major zoonotic infectious animal diseases in the previous
paragraph and Paragraph 3 of Article 20 shall be published by
the central competent authority in consultation with the
central health competent authority.
Article 18
When animal health inspection authorities suspect a fast spread
of an infectious animal disease, a report shall be made quickly
to their higher authorities concerned. The neighboring
authorities and authorities of municipal cities or counties
(cities) take charged of gathering and scattering of animals
shall be informed.
Article 19
The Owner or keeper of an animal having, or suspected of having,
an infectious animal disease shall promptly isolate the animal
or take necessary actions under the instruction of animal health
inspection personnel who may-- in view of the spreading status
of the infections animal disease -- ban animal movement into or
out of the same farm or rearing area.
To determine the etiology, animal health inspection personnel
may require the owner/keeper to segregate the animal suspected
of having an infectious animal disease, but the duration shall
not exceed fourteen (14) days. However, this restriction does
not apply to a disease with a possibly longer incubation period
necessitating a longer span of segregation rearing.
During the quarantine or segregated rearing mentioned above,
animal inspection personnel shall notify animal welfare
protection inspectors to perform relevant inspection in
compliance with biosafety biosecurity protocols.
Article 20
Regarding animals suffering from, suspected of suffering from or
possibly having contracted infectious animal diseases and
facilities or premises that are, or may be, contaminated with
pathogens of infectious animal diseases, animal health
inspection personnel, upon approval by the competent authority,
shall dispose of them as follows:
1.Regarding animals suffering from, suspected of suffering from
or possibly having contracted Type A infectious animal
diseases defined in Paragraph 1 of Article 6, the owner or
keeper shall follow the instruction of animal health
inspection personnel to immediately cull the animals and have
the carcasses burned, buried, or rendered.
2.Regarding animals suffering from Type B infectious animal
diseases defined in Paragraph 1 of Article 6, if deemed
necessary by animal health inspection personnel, the owner or
keeper shall follow the instruction of animal health
inspection personnel to immediately cull the animals and have
the carcasses burned, buried, rendered, or take other
necessary measures.
3.Regarding premises, vehicles, vessels and apparatus that are
contaminated or may be contaminated with infectious animal
disease pathogens, the owner or keeper shall follow the
instruction of animal health inspection personnel to promptly
have them burned, buried, disinfected or take other necessary
measures.
Culling shall be conducted in a humane manner, minimizing the
pain inflicted on animals without compromising the disease
control and prevention; culling methods shall be reviewed and
updated appropriately in accordance with the guidelines of
international animal welfare science.
In the case of animals afflicted with Type B infectious animal
diseases defined in Paragraph 1 of Article 6, with the major
zoonotic characteristics, upon recommendation of the central
health competent authority and deemed necessary by animal health
inspection personnel, animals within the affected premises can
be disposed of in accordance with Item I of Paragraph 1 of this
article.
For the purpose of etiologic identification or academic research
, animals shall be disposed of under the instruction of the
competent authority that grants the approval.
Article 21
If the municipal or county (city) competent authority believes
in the necessity of an emergency, the animal health inspection
personnel under their jurisdiction must follow their orders to
manage the situation according to the previous Article
described previously before reporting and alerting.
Article 22
In order to control and prevent the spread of infectious animal
diseases, the municipal or county (city) competent authority
should order animal health inspection personnel, commissioned
veterinary practice licensees or veterinary practice licensees
employed by animal owners and keepers to freely implement
physical examination, immunizations, vaccinations, medicinal
bath, or medical treatment of animals in accordance with
Paragraph 1 and 2 of Article 13. Animal owners and keepers
shall follow the instruction of animal health inspection
personnel or veterinary practice licensees to control the
movement of animals and provide other necessary assistance
without avoidance, refusal and interference.
Article 23
The carcasses of animals that died of Type A or Type B
infectious animal diseases, as specified in Paragraph 1 of
Article 6, shall be quickly burned, buried, rendered, or
disposed by other necessary means, according to the instruction
of animal health inspection personnel. However, upon approval
by authorities concerned, animals may be used to establish the
etiology of the infectious animal diseases or for academic
research.
Article 24
For carcasses or objects buried according to Article 20 and its
various Parts, their burial grounds and labels shall not be dug
out or destroyed within a certain period of time.
Article 25
When animals died, or suspected of dying from infectious animal
diseases in the course of sea transportation, the owners,
keepers, or ship captains should sterilize the carcasses, place
and facilities or take other measures as deemed necessary.
Article 26
Before slaughtering animals that
are suffering or suspected of
suffering from infectious animal diseases, the owners and
keepers of animals shall report to animal health inspection
personnel and take instructions on the methods and places of
slaughtering.
For persons who cannot or will not carry out their mandatory
duties according to the previous Paragraph, animal health
inspection personnel should implement themselves or order a
third party to do so. Fees shall be collected for implementing
the necessary measures.
Article 27
When the municipal or county (city) competent authority deem it
necessary to establish the etiology of sickness of animals or
their carcasses which are suspected of being contaminated with
infectious animal diseases, necropsy by animal health inspection
personnel should be ordered for.
Article 28
When deemed necessary for disease control, various competent
authorities can make public announcements to take the following
measures:
1.Within a designated zone and specified period of time, banning
or restricting the transport of specific types of animals, and
suspending movement of carcasses or materials suspected of
carrying pathogen of infectious animal diseases.
2.Suspending importation of materials subjected to quarantine
from designated zones.
3.Setting up quarantine stations at major road junctions to
check animals and their products. Materials failing to pass
the quarantine check will be banned from movement and could be
treated by necessary operation.
Protocols on checking criteria, procedures, methods for disposal
, fee standard, locations, and other necessary measures in Item
III above are to be stipulated by the central competent
authority.
After carrying out the work in Item I above, the local
(municipal, county, or city) competent authority shall submit a
report to the central competent authority for future reference,
and inform neighboring local competent authorities.
Article 29
When the municipal or county (city) competent authority deem it
necessary for disease control, business should be halted in
zoos, abattoirs, farm animal (meat) markets, poultry markets,
fish market, processing plants for farm products and aquatic
products, incubation sites, artificial insemination stations,
milk harvesting station, etc. In addition, animal competitions,
horse racing competitions, and other activities which involve
the gathering of animals shall be halted.
Article 30
When the central competent authority deems it necessary, animal
health inspection personnel under their jurisdiction should be
sent to host joined infectious animal disease prevention and
control activities among counties (cities) or among counties
(cities) and municipal cities. Or assistance should be extended
to authorities concerned of municipal cities and counties
(cities) to manage matters of prevention and control of
infectious animal diseases.
Article 31
Upon the eradication of infectious animal diseases, the
municipal or county (city) competent authority shall remove the
announcement of restrictive measures and report to the central
competent authority accordingly, as well as inform the
authorities concerned of the neighboring regions.
Chapter 4 Importation/Exportation and Quarantine
Article 32
The import/export objects subjected to quarantine shall be
handled by animal quarantine authorities or authorized
organizations. In addition, inspection shall be carried out at
ports, stations, animal quarantine offices, and other places
specified by the animal quarantine authorities.
For exported objects requiring quarantine in the places of
origin before exportation, the animal health inspection
authorities shall co-operate with animal quarantine authorities
to conduct the inspection. The central competent authority
shall regulate the quarantine procedures, export registration
or abolishment, sanitary management, sampling and analysis
examination, reporting of diseases, inspection, the animal
health certificate issuance or abolishment and other related
matters.
Animal quarantine authorities shall notify animal health
inspection authorities to conduct the post entry follow-up
quarantine of the import objects. The central competent
authority shall regulate the inspection, raising management,
notification, reporting of diseases, period of post entry
quarantine and other related matters.
Article 32-1
Animals subjected to quarantine should be quarantined by
individual and other objects subjected to quarantine shall be
quarantined by batch by the import/export animal quarantine
uthorities or authorized organizations.
Unqualified objects after quarantine provided under Paragraph 1
of this Article is not allowed to apply for repeat quarantine.
Article 33
To ensure the health of animals and humans, the central
competent authority should establish the quarantine conditions
for objects subjected to quarantine, and announce the contagious
areas and non-contagious areas in the overseas. In addition,
they shall be responsible for banning or managing the import/
export of objects needing quarantine.
Article 34
Importers or agents shall apply for the objects subjected to
quarantine before arriving at ports or stations and submit animal
quarantine certificate granted by the inspection authorities of
exporting countries. Animals found to be suffering or suspected of
suffering from infectious animal diseases, upon quarantine, shall
be barred from entering or disposed as deemed necessary.
Passengers or personnel on vehicle, vessel or aircraft carrying
objects subjected to quarantine shall, in accordance with Paragraph
1 of this Article, apply for animal quarantine upon arrival.
The results of animal quarantine certificate shall accord with the
quarantine conditions provided under Article 33.
If there is no submission of animal quarantine certificate or the
results of animal quarantine certificate do not accord with quarantine
conditions, the import/export animal quarantine authorities shall
treat the following conditions in compliance with severity:
1.Secure quarantine measures are adopted according to international
rule, for animal quarantine.
2.Duration of animal quarantine should be prolonged to implement
imperative diagnosis or supplementary vaccination for infectious
animal diseases. Animals should be allowed to pass and an animal
quarantine certificate should be issued on condition that these
animals are not suspected of suffering from infectious animal
diseases.
3.Importers or agents of animals subjected to quarantine should
be advised to submit an animal quarantine certificate before
the deadline. Animals subjected to quarantine should be rejected
or culled on the condition that animal quarantine certificate
is not submitted before the deadline.
4.Animals subjected to quarantine shall be rejected or culled.
Objects subjected to quarantine which are in transit or transshipment,
shall be applied for quarantine in accordance with Paragraph 1 of
this Article by the importers, agents or keepers. If an object is
found to be suffering, suspected of suffering, or possibly infected
or contaminated with infectious animal diseases or pathogens, the
animal quarantine authorities shall take precautionary measures or
disposal as deemed necessary.
If animal quarantine personnel finds any quarantine evasion during
inspection in ports or stations, the person who has intention to
evade quarantine shall be punished in accordance with the Statute,
and order them to submit animal quarantine certificate before the
deadline. Animals subjected to quarantine shall be rejected or
culled on the condition that animal quarantine certificate is not
submitted before the deadline.
Packaging for objects subjected to quarantine should not be opened
or moved without permission.
Before arriving at the ports, vessels carrying animals from overseas
hall raise the signals, according to international practices, for
animal quarantine.
The cost for implementing imperative quarantine measures in accordance
with Paragraphs 1, 4 to 6 of this Article shall be borne by importers,
agents or keepers.
Objects subject to quarantine must not be sent by post. Otherwise,
the objects will be returned, forfeited or destroyed.
Article 34-1
On the basis of executing quarantine to prevent the
communication / contagion and spread of infectious animal
diseases, regulations for the treatment, methods, standard
operating procedure, place, duration, course and transport
concerning animal quarantine shall be regulated by the central
competent authorities based on animal species and
objects subjected to quarantine.
Importers/exporter or agents of animals subjected to quarantine
shall apply for the ports, stations, animal quarantine offices,
and other places specified by the import/export animal
quarantine authorities before import/export, otherwise the
import/export of animals subjected to quarantine shall be
prohibited.
Any individual with the exception of the import/export animal
quarantine personnel, cannot enter animal quarantine offices
without permission. Upon quarantine, feed, straw and medicine
supplied for animals, and milk, eggs, antlers, fur, feather,
neonatal animals and other potential infectious pathogen
contaminants were not allowed to be brought into and out of
animal quarantine premises without permission from the
responsible animal quarantine personnel.
Animals found to be suffering or suspected of suffering from
infectious animal diseases, upon quarantine, should be treated
by the import/export animal quarantine personnel as deemed
necessary, including immediate disposal. A certificate of
disposal of animals described above should be sent to the
importers/exporter or agents.
Article 35
When necessary, animal quarantine personnel should inspect the
incoming vehicles, vessels, or aircraft, before objects
subjected to quarantine are unloaded. Once import animals is
found to be suffering or suspected of suffering from infectious
animal diseases, objects subjected to quarantine and the
incoming vehicles, vessels, or aircraft should be treated by
staff of import/export animal quarantine authorities as deemed
necessary. Personnel, including owners of vehicles, captains,
administrators or agents, in charge of the transportation shall
not evade, interfere or refuse.
When import animals died, or suspected of dying from infectious
animal diseases in the course of transportation, the personnel,
including owners of vehicles, captains, administrators or agents
, in charge of the transportation shall report to animal
quarantine personnel and follow their instruction before
arriving at ports or stations and unloading the animals.
After taking measures in accordance with Article 25, the owners,
keepers, or ship captains shall record the details in the log
book in preparation for animal quarantine personnel’s
inquiries.
Article 36
Exportation is allowed only upon verification, with certificates
of quarantine issued that the objects do not carry infectious
animal diseases nor suspected of carrying infectious animal
diseases. Exported objects under the following conditions shall
apply for quarantine:
1.When import countries need quarantine certificates from export
countries.
2.When the central competent authority believe that there is a
necessity with regards to international quarantine.
Article 37
For objects subjected to quarantine which have been quarantined
and issued with certificates at Region A of the country, when
they are exported from Region B of the country, reports shall
be made to the local import/export animal quarantine authority
at Region B. When necessary, a second quarantine should be
carried out at Region B.
Article 38
When situations stated in Articles 12, 14, 15, 18 - 21, 26, and
27 occur during quarantine, necessary actions shall be
taken by individual import/export animal quarantine authorities.
Article 38-1
The smuggled objects which are subjected to quarantine and meat
and meat products which are transported by foreign vehicles,
vessels or aircrafts are not allowed to be landed. Those which
have been landed shall be destroyed.
Article 39
As for quarantine of import/ export/ transferring / transship,
the regulations of applications, certificate issuing, quarantine
signals, closed containers conveying, the carrying/ postal
delivering of passengers or the vehicle/ vessel/ aircraft
personnel, quarantine disinfection, and other related matters
shall be regulated by the central competent authorities.
The standard of fees for aforementioned quarantine implementing
shall be prescribed by the central competent authorities.
Chapter 5 Compensations for Losses & Penalties
Article 40
Unless the owner/keeper fails to comply with Paragraph 1 of
Article 12, or fails to follow the instructions of the animal
health inspection personnel, animals died or culled, fetuses
aborted, or materials destroyed as a result of measures in the
Statute physical examination, immunization, vaccination, medical
bath or treatment by animal health inspection personnel – shall
be compensated at prices set by a valuation committee organized
by the local competent authority (municipal, county or city) as
follows:
1.Healthy animals died or fetuses aborted as a result of
physical examination, immunization, vaccination, medical bath
or treatment, shall be compensated within the evaluated price.
2.Animals culled for suspicion of having or possibly contact
with an infectious animal disease shall be compensated within
the evaluated price.
3.Animals culled for etiology identification shall be
compensated within the evaluated price.
4.Animals culled for having an infectious animal disease shall
be compensated within three fifths of the evaluated price.
However, if the disease is a new one, or an old one
reappearing after a lapse of over two years within national
borders, the owner/keeper to notify the authority will be
compensated within the evaluated price for animals culled.
5.Materials destroyed shall be compensated within half of the
evaluated price.
6.Upon prior consent of authorities, animals slaughtered at the
abattoir to limit the potential of disease outbreak shall be
compensated fully to cover the difference between evaluated
price and the actual sales price.
The composition and evaluation standards for the valuation
committee in the paragraph above shall be stipulated by the
central competent authority.
No compensation shall be paid for animals died or
animal/materials disposed of according to Items II to V above
during import/export quarantine period.
The compensation in the previous paragraph shall be borne by
local (municipal, county and city) competent authorities;
however the central competent authority may provide subsidies.
Article 41
Offenders in violation of Article 33, by bringing in restricted
objects subjected to quarantine, shall be imprisoned for not
more than 7 years , a fine of not more than NT$ 3,000,000 may
also be imposed.
The aforementioned objects shall be confiscated by the animal
quarantine authorities before the Court first instance is
announced.
For representatives of judicial persons, agents of judicial
persons or ordinary persons, employed persons or other
professionals, who enforce their duty and violated the above
first Paragraph, penalties shall be issued on persons who
actually violate the Paragraph as well as the judicial persons
or ordinary persons involved. However, if the representatives of
the judicial persons or the ordinary persons have tried to
prevent the crime from happening, the judicial persons or
ordinary persons shall not be dealt with penalties.
Article 41-1
Within the set period, the owner of the means of transport had
violated the first Paragraph of the previous Article or
intentionally caused a third-party to use the said means of
transport to violate the same Paragraph, thereby causing or
suspected to cause the spread of specific animal diseases, the
said means of transport shall be confiscated.
The above applies to persons who, while aware that the said
means of transport has involved in this or the previous Article,
still obtained its ownership thereof.
The central competent authority shall announce the set period
and specific animal diseases referred to in the first Paragraph.
Confiscations mentioned in the first Paragraph shall be
conducted by the seizure authorities.
Article 42
Violations of the following situations shall be fined between
NT$50,000 and NT$200,000:
1.When animal owners or keepers violate Paragraph 1 of Article
19, shifting animals out of quarantine areas.
2.Violations of Paragraph 3 of Article 34-1, to set foot in or
carry objects subjected to quarantine out of quarantine areas
without prermision.
The Violations described in Items I and Part II of Paragraph 1
of this Article and leading spreading or transmission of
diseases shall be punished a maximum of three years
imprisonment, detention, and may be fined a maximum of
NT$1,000,000.
For representatives of judicial persons, agents of judicial
persons or ordinary persons, employed persons or other
professionals, who enforce their duty and violated the previous
Paragraph, penalties shall be issued on persons who actually
violate the Paragraph as well as the judicial persons or
ordinary persons involved. However, if the representatives of
the judicial persons or the ordinary persons have to fulfill
obligation to prevent the crime from happening, the judicial
persons or ordinary persons shall not be dealt with penalties.
Article 43
A fine of NT$50,000 to NT$1,000,000 shall be imposed for any of
the following situations:
1.Violation of Article 12 by an animal owner/keeper or
transport service provider.
2.Violation of Paragraph 2 of Article 12-1, namely the act of
evasion, interference or refusal against instruction and/or
inspection provided by competent authorities.
3.Dissemination of rumors about infectious animal diseases or
false information about epidemics.
4.Violation of Paragraph 1 of Article 13-1 by a veterinarian, a
vet’s aid, or a vendor of animal drugs.
5.Violation of Article 17 by a veterinarian or a vet’s aid.
6.Violation of Paragraph 1 or 2 of Article 19, namely animal
owners/keepers fail to follow the instruction of animal
health inspection personnel to segregate animals or conduct
necessary measures such as moving animals into or out of
rearing premises.
7.Violation of Article 23, namely owners/keepers fail to follow
animal inspection personnel’s instruction in disposing of
animals; or violation of Paragraph 1 of Article 26 namely
failure to report to animal health inspection personnel about
intended culling.
8.Violation of Paragraph 1 of Article 28 namely owners/keepers
failing to carry out any of the measures.
9.Violation of Paragraph 2 of Article 32, namely owners/keepers
of animals subject to export quarantine failing to carry out
any required measure, such as quarantine procedure, export
registration, sanitary management, sampling and analysis,
disease notification or inspection.
10.Violation of Paragraph 3 of Article 32, namely owners or
keepers of materials subject to import quarantine failing to
follow relevant protocols, such as inspection, raising
management, notification or disease notification.
11.Violation by importers or agents of quarantine protocols in
Article 33 about objects subject to quarantine.
12.Violation of Paragraphs 1, 5 and 6 of Article 34 about
objects subject to import quarantine, namely importers or
agents failing to apply for quarantine.
13.Violation of Paragraph 7 of Article 34, unpacking or moving
objects subject to quarantine without permission before the
quarantine period is over.
14.Violation of Paragraph 1 of Article 34-1, namely the
importers or agents failing to follow protocols, such as
quarantine procedure, inspection, raising management,
reporting or disease notification.
15.Violation of Paragraph 2 of Article 34-1, namely the animal
importers/exporters or agents failing to apply to arrange
quarantine site prior to importation or exportation.
Article 44
Violations of the following regulations shall be fined between
NT$ 20,000 and NT$ 100,000:
1.Proprietors of rendering plants or rendering transportation
companies who violate Paragraph 1 or 2 of Article 16.
2.Proprietors of rendering plants or rendering transportation
companies who violate Paragraph 3 of Article 16 that the
methods for the installation of disinfection facilities and
equipments mentioned above, items, disinfection methods and
procedures, contracted rendering, limitation of usage of
rendering sources, report, inspection, approval and grant the
qualified certificates for vehicles or the reporting
obligation.
3.Owners of vehicles, captains of vessels or aircraft, keepers
or agents authorized who violate Article 35 or 38-1.
4.Importers/Exporters or their agents of objects not complying
with Article 36 or 37 to apply quarantine and inspection.
Article 45
A fine of NT$30,000 to NT$150,000 shall be imposed for any of
the following situations:
1.Violation of Article 9 or Article 29 by owners or related
parties.
2.Violation of Paragraph 1 or Paragraph 2 of Article 13, namely
owners/keepers failing to carry out prevention/controlling
measures; or Paragraph 4 of Article 13, or Paragraph 1 of
Article 13-1, Paragraph 1 of Article 14, or Articles 15, 20 or
22.
3.Violation of Article 14 Paragraph 2 by animal transport
service providers; violation of Paragraph 4 of Article 14 by
producers/sellers failing to comply after warnings, or
committing a second violation within one year.
4.Violation of Article 14-1, namely anyone committing the
prohibited act.
5.Violation of Article 24, namely to exhume burial sites or to
deface warning signs without permission.
Article 45-1
Passengers or staff members related to vehicles, vessels, or
aircrafts who do not apply for quarantine inspections in accordance
with Paragraph 2 of Article 34 shall be fined an amount ranging
from NT$10,000 to NT$1,000,000.
Article 46
The fines stated in the Statute shall be implemented by the
municipal or county (cities) competent authority, or
import/export animal quarantine authorities.
Chapter 6 Annex
Article 47
Details of implementing the Statute shall be defined by the
central competent authority and approved by the Executive Yuan.
Article 48
This Statute should come into effect on the date of
promulgation.
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