| Legislative： |
1. Adopted on August 23, 1967 – denominated "Statute for Prevention
and Control of Infectious Domestic Animal Diseases", enactment
of the 43-article ordinace
2. Amended on January 31, 1996 – re-denominated "Statute for
Prevention and Control of Infectious Animal Diseases" enactment
of the 43-article ordinace
3. Amended on May 17, 2000 – Articles 2, 6, 8, 12, 13, 18, 28-31,
40
4. Amended on November 7, 2001 – Article 28
5. Amended on February 6, 2002 – Articles 12, 13, 13-1, 22, 31,
32 , 32-1, 34, 34-1, 35, 38-1, 39, 41-45
6. Amended on May 29, 2002 – Article 10-1
7. Amended on May 24, 2006 – Articles 41, 41-1
8. Amended on Dec 10, 2008 – Articles 9, 11, 16, 32, 34, 34-1, 39,
41, 42, 44, 45-1, 46
9. Amended on Jan 23, 2009 – Article 9
10.Amended on Jun 4, 2014 – Articles 17, 20
11.Amended on Dec 24, 2014 – Articles 12-1, 12-2, 14, 14-1, 19,
28, 40, 43, 45
12.Amended on Dec 12, 2018 – Articles 45-1
13.Amended on Jan 4, 2019 – Articles 34
14.Amended on December 13, 2019 – Article 5, 10-2, 12-2, 16, 32,
32-1, 33, 34, 34-1, 34-2, 34-3, 35, 36, 37, 38-1, 38-2, 38-3,
39, 41, 41-1, 42, 43, 44, 45, 47
The announcement was made on July 27, 2023 by the Executive
Yuan Order tai-gui-zi No. 1125014346. The relevant matters set
out in Article 2, Article 4, Paragraph 2 of Article 5, Paragraph
1 of Article 6, Paragraphs 1,2,4 of Article 8, Article 10-1,
Paragraph 2 of Article 12, Article 12-2, Article 13-1, Paragraph
3 of Article 14, Article 14-1, Subparagraphs 3,6 of Paragraph
1, Subparagraphs 3 of Paragraphs 2, Paragraph 3 of Article 16,
Article 17, Article 18, Paragraph 1,4 of Article 20, Article 23,
Article 24, Article 28, Article 30, Article 31, Paragraphs 3,4
of Article 32, Article 33, Paragraph 2 of Article 34-3, Article
39, Subparagraphs 6 of Paragraph 1, Paragraph 2,4 of Article 40,
Paragraph 3 of Article 41-1, Subparagraphs 3,4,8 of Article 43,
Subparagraphs 3,6 of Article 45,Article 47 pertaining to
“Council of Agriculture” shall be handled by “Ministry of
Agriculture” as governing body, effective August 1, 2023;
Paragraph 2 of Article 8, The issue belonging to “animal health
inspection and quarantine agency”, pertaining to “The Bureau
of Animal and Plant Health Inspection and Quarantine, and
branches” shall be handled by “The Animal and Plant Health
Inspection Agency and branches” as governing body, effective
August 1, 2023; Paragraph 3 of Article 8, Article 32, Paragraphs
1,2 of Article 32-1, Paragraphs 2,5 of Article 33, Paragraphs
1,3,4 of Article 34, Paragraphs 1,3 of Article 34-1, Paragraph
1 of Article 34-2, Paragraph 1 of Article 34-3, Paragraph 4 of
Article 35, Paragraphs 1,2 of Article 36, Article 38, Article
38-1, Article 38-3, Paragraph 2 of Article 41, Subparagraph 3
of Paragraph 1 of Article 42, Subparagraph 6 of Article 44,
Subparagraphs 13,14,16,18 of Article 45, Article 46, The issue
belonging to “animal health inspection and quarantine agency”,
pertaining to “The Bureau of Animal and Plant Health Inspection
and Quarantine, and branches” shall be handled by “The Animal
and Plant Health Inspection Agency and branches, Ministry of
Agriculture ” as governing body, effective August 1, 2023. |
| Content： |
Chapter 1 General Provisions
Article 1
This Act is enacted to prevent the occurrence, transmission, and
spread of infectious animal diseases. Any matters not covered by
this Act shall be governed by other applicable laws.
Article 2
Competent authorities as referred to in this Act: At the central
government level: the Council of Agriculture, Executive Yuan; at
the special municipal level: the government of the special
municipality; and at the county (city) level: the government of
the county (city).
The animal health inspection authorities as mentioned in this
Act 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.
The competent authority, in matters related to public health,
shall take action jointly with the public health authorities.
Article 3
The term “prevention and control” used in this Act includes
matters relating to prevention, inspection, and quarantine.
Article 4
The term “animals” used in this Act refers to cattle, water
buffaloes, horses, mules, donkeys, camels, sheep, goats, rabbits,
pigs, dogs, cats, fowls, turkeys, ducks, geese, eels, prawns,
tilapia, milkfish, salmons, trouts, and other animals as specified
by the central competent authority.
Article 5
The term “objects subject to quarantine” used in this Act refers
to animals specified in Article 4 and other animals of similar
breeds, or animals that are susceptible to animal infectious
diseases, as well as their carcasses, bones, meats, internal organs,
fats, blood, hide, hair, feather, horns, hooves, tendons, raw milk,
blood meal, eggs, sperm, embryos, and other forms which could spread
the pathogens of animal infectious diseases.
The central competent authority may designate animals or animal
products as objects specified in the preceding Paragraph and
announce them as items to be quarantined (hereinafter referred
to as “quarantine objects”)
Article 6
Under this Act, infectious animal diseases are classified by the
central competent authority into three Lists, A, B, and C, according
to the severity of the infectious disease hazard and announced
accordingly.
To prevent the occurrences, transmission, and spread of infectious
animal diseases, the special municipality and county (city)
competent authorities may designate an infectious animal disease,
and the infectious animal disease other than those mentioned in
the preceding Paragraph and apply part or all of the regulations
stipulated in this Act.
Article 7
The term “infection with infectious animal diseases” used in
this Act refers to animals which have been confirmed to be infected
with infectious animal diseases after they have signs of sickness.
The term “suspected of infection with infectious animal diseases”
used in this Act refers to animals which have signs of sickness,
and are suspected to be infected with infectious animal disease,
either without a diagnosis or with a diagnosis that is yet to be
confirmed.
The term “potentially infected with infectious animal diseases”
used in this Act refers to animals which have had direct or
indirect contact with animals infected or suspected to be infected
with infectious animal diseases. These animals have no signs of
sickness but are potentially infected with infectious animal
diseases according to scientific conclusions drawn from
epidemiological data.
Article 8
The respective authorities concerned at different levels of
governments shall be staffed with animal health inspection officer
who are veterinarians.
Governments of special municipalities 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 may be established.
Animal quarantine agency for import/export shall be staffed with
animal quarantine officers who are veterinarians.
The respective authorities concerned at different levels of
governments may send animal quarantine officer or animal health
inspection officer within their direct jurisdiction to implement
the relevant measures for emergency prevention and control.
Article 9
For the necessity of inspection, animal health inspection officer
shall enter places for raising animals, warehouses and related
places, vehicles, vessels, and aircraft to check the animals,
animal products, or their packaging containers and related objects.
Investigations of relevant data and persons involved shall be
carried out, and all persons or related parties must not evade,
obstruct, or refuse the investigations.
For the necessity of quarantine, animal quarantine officer shall
conduct inspections of any unloaded animals, animal products and
their packing, containers, cargoes, postal parcels, luggage,
vehicles, vessels, aircraft and deposit sites, or the dispatch
entre pots, which can potentially introduce animal diseases or
pathogens. The owners or related parties must not evade, obstruct,
or refuse the inspections.
For all persons or related parties who evade, obstruct, or refuse
the investigations or inspections mentioned in paragraphs 1 and
2 of this Article, the inspection and quarantine personnel may
compulsorily execute the investigations and inspections.
Article 10
When animal health inspection and quarantine officer 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 reporting
events 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 10-2
No person may intentionally spread rumors or false information
about infectious animal diseases.
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 infected or suspected
to be infected with infectious animal diseases; or when their
animals die of unknown causes. If the above-mentioned situation
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
animal health inspection authorities shall send their animal health
inspection officer to check the carcasses and give instructions
on incineration, burying, 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 preceding 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 include
chickens, turkeys, ducks, geese, and wild animals of similar breeds.
When the animals die of sicknesses, the owners must dispose of
the carcasses by themselves. However, in case of an epidemic, the
special municipality or county (city) competent authorities may
designate the name of the infectious animal disease and the animal
species by district, announce at any time for the approaches taken
in accordance with the preceding paragraph, and shall also report
the matter to the central competent authority for verification.
When the owners dispose of the carcasses by themselves according
to the preceding Paragraph, incineration, burying, or disinfection
must be used. Selling or 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, obstruction, or refusion.
Regarding the Paragraph 1 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
prescribed by the central competent authority.
Article 12-2
Regarding infectious animal diseases specified and declared by
the central competent authority, specimen testing and reporting
as well as disease confirmation shall comply with the following
requirements:
1.Testing and reporting: After sampling is conducted by the animal
health inspection authority or the central competent authority,
it shall be submitted to the central competent authority or
institution, school, or research institution (hereinafter referred
to as “testing institutions”) with accredited proficiency
testing. The reports of testing shall be submitted to competent
authorities of the special municipality, county or city, and the
central competent authority.
2.Confirmation: The testing reports mentioned in the preceding
Paragraph are verified by the central competent authority or
its designated or authorized testing institutions. Once the
testing result is confirmed, the central competent authority
shall make a public announcement.
The authorization to do the tests, qualifications for the testing
institutions mentioned in the preceding Paragraph, application
procedures and validity, rescission and revocation, sampling,
supervision, audit and other protocols shall be prescribed by the
central competent authority.
Article 13
To prevent and control the occurrence of the infectious animal
diseases, competent authorities of special municipalities and
counties (cities) shall order animal health inspection officer
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 may be attached. If necessary, competent authorities
of special municipalities and counties (cities) may commission
veterinary practice licensees to implement those measures. Animal
owners and keepers shall not intentionally damage and counterfeit
those marks, labels, or certificates.
Depending on the types of infectious animal diseases, competent
authorities of special municipalities and counties (cities) may
order animal owners and keepers to employ veterinary practice
licensees to implement the measures mentioned in the preceding
Paragraph or to implement under the supervision of veterinary
practice licensees.
If the animal owners or keepers are unwilling to or cannot implement
the measures mentioned in Paragraph 1, the special municipality
or county (city) competent authority may authorize animal health
inspection officer or veterinary practice licensees to implement
those measures and charge for the implementation service. The rate
of the implementation service shall be prescribed by the special
municipality or county (city) competent authority.
When the animal health inspection officer implement the measures
mentioned in Paragraphs 1 and 3, the animal owners or keepers shall
follow the instructions of the animal health inspection officer
or authorized veterinary practice licensees to controlling the
movement of animals and provide necessary assistance without
evading, obstructing, or refusing the implementation.
10 days before implementing the measures mentioned in Paragraphs
1 and 2, the special municipality or county (city) competent
authority shall announce the aims of the implementation, dates,
areas, methods, animal species, and other relevant matter. However,
in case of an emergency, the period of announcement period may be
shortened or the implementation may be carried out at any time.
Article 13-1
To eradicate specific infectious animal diseases, the central
competent authority may announce the types of vaccine, time of
administration, attached label, relevant documents, movement
restraint, and other control measures. Animal owners or keepers,
veterinarians, veterinary technician, and veterinary drug dealers
shall comply with and execute regulations as listed above.
Regulations governing the administration, labeling, application,
control, terms and other relevant objects of vaccination provided
under the preceding Paragraph shall be prescribed by the central
competent authority based on the animal species and infectious
animal diseases.
Article 14
To prevent and control the occurrences of infectious animal diseases,
the special municipality or county (city) competent authority shall
designate specific areas when necessary, and order the animal owners
and keepers to sterilize their rearing area and facilities, improve
the rear environment, isolate the animals, and eliminate the vectors.
To prevent the spread of the infectious animal diseases, the animal
transport service providers shall implement measures for cleaning
and disinfecting transportation vehicles as well as animal-carrying
boxes and cages.
The cleaning and disinfecting measures carried out by animal
transport service providers as mentioned in the preceding Paragraph
shall be prescribed by the central competent authority.
Raw poultry eggs shall be transported only in disposable containers
or single-use packing materials.
Article 14-1
In the case that 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 infected or suspected to be infected with infectious
or unknown diseases, the special municipality or county (city)
competent authority may order animal owners or keepers to offer
animals for necropsy by animal health inspection officer. Carcasses
following necropsy, shall be returned to the owners or keepers,
and incineration or buried immediately under the supervision of
the animal health inspection officer.
Article 16
Regarding the processing of deceased livestock and poultry as raw
materials (hereinafter referred to as rendering materials), and
the places where such processing occurs (hereinafter referred to
as rendering plants), the following regulations shall be complied
with:
1.Disinfection facilities and equipment are set in rendering plants
for implementing sterilization procedures;
2.The hygiene and safety in the rendering plant shall be supervised
by veterinarians (or veterinary technician);
3.Before raw materials are received, a written contract with the
farm/ranch of origin are required to authorize rendering, except
the farm/ranch of origin designated by the competent authority;
4.Rendering plants or their commissioned transport operators shall
use vehicles in compliance with provisions of Paragraph 2. The
rendering plants shall sign a written contract with the
commissioned transport operators before the start of transportation
of raw materials;
5.The sources and amount of raw materials shall be recorded, and
such records shall be kept at least for two years;
6.Rendering plants are subject to audit by the competent authority
and shall report relevant matters.
When loading or unloading raw materials, transport vehicles shall
comply with the following provisions:
1.Vehicles used for transporting raw materials shall have disinfection
equipment and closed systems to prevent leakage, and shall be
maintained properly to keep them functioning normally;
2.Upon application by rendering plants or transportation companies,
their vehicles are certified by the special municipal or county
(city) animal health inspection authority and shall affix the
certificate of compliance to the vehicle.
3.Rendering plants are subject to audit by the competent authority
and should report relevant matters.
The installation, items, disinfection procedures, items to be
recorded in the contract, inspection, reporting of disinfection
facilities and equipment in rendering plants mentioned in Paragraph
1 as well as disinfection equipment, closed systems for preventing
leakage, approval and granting of certified vehicle, expiration
date, presenting places, replacement, recession and revocation of
certificates, audits, reporting, loading and transport of raw
materials, and other matters pertaining to transport vehicles
mentioned in the preceding Paragraph shall be prescribed by the
central competent authority.
Chapter 3 Epidemic Control
Article 17
In the line of duty, upon finding an animal infected, suspected
to be infected, or possibly infected with a List A infectious
animal disease defined in Paragraph 1 of Article 6, or an infectious
animal disease of List B or C with the major zoonotic characteristic,
a veterinarian or a veterinary technician 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 mentioned in the preceding
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 immediately
to the higher authorities concerned. The neighboring authorities
and competent authorities of special municipalities or counties
(cities) taking charge of managing the place of assembling and
distributing of animals shall be informed.
Article 19
The owner or keeper of animals finding that their animals have,
or suspected of having, an infectious animal disease shall promptly
isolate the animals or take necessary actions under the instruction
of animal health inspection officer, who may, in the view of the
spreading status of the infections animal disease, prohibit animal
movement into or out of the same farm or rearing area. To determine
the etiology, the animal health inspection officer may require the
owner or keeper of animals to isolate the animals 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 possible longer incubation period which requires
a longer duration of isolation.
During the isolation period as mentioned in the preceding Paragraph,
the animal inspection officer shall notify animal welfare protection
inspectors to perform relevant inspections, which shall be in
compliance with biosafety protocols.
Article 20
Regarding animals infected, suspected to be infected, or potentially
infected with infectious animal diseases and facilities or premises
that are, or may be, contaminated with pathogens of infectious animal
diseases, animal health inspection officer, upon approval by the
competent authority, shall take following actions:
1.Regarding animals infected, suspected to be infected, or
potentially infected with List A infectious animal diseases
defined in Paragraph 1 of Article 6, the owner or keeper shall
follow the instruction of animal health inspection officer to
immediately cull the animals and have the carcasses incinerated,
buried, or rendered.
2.Regarding animals infected with List B infectious animal diseases
defined in Paragraph 1 of Article 6, if deemed necessary by animal
health inspection officer, the owner or keeper shall follow the
instruction of animal health inspection officer to immediately
cull the animals and have the carcasses incinerated, 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 officer to promptly have them
incinerated, buried, disinfected, or take other necessary measures.
Culling as mentioned in the preceding Paragraph 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 infected with List 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 officer, animals within the affected premises can be
disposed of in accordance with Subparagraph 1 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 special municipality or county (city) competent authority
deems that emergency measures are necessary for epidemic prevention,
it may order the animal health inspection officer within its
jurisdiction to manage the situation in accordance with the
provisions of the preceding Article and then submit a report for
review.
Article 22
In order to control and prevent the spread of infectious animal
diseases, the special municipality or county (city) competent
authority may order animal health inspection officer, 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 Paragraphs 1 and 2 of
Article 13. Animal owners and keepers shall follow the instruction
of animal health inspection officer or veterinary practice licensees
to control the movement of animals and provide other necessary
assistance without evasion, obstruction, or refusion.
Article 23
The carcasses of animals that died of List A or List B infectious
animal diseases, as specified in Paragraph 1 of Article 6, shall
be promptly incinerated, buried, rendered, or disposed by other
necessary means, according to the instruction of animal health
inspection officer. However, upon approval by the competent
authorities, animals concerned may be used to establish the
etiology of the infectious animal diseases or for academic research.
Article 24
For carcasses or objected buried according to the provisions of
Article 20 and the preceding Articles, within a certain period,
their burial sites and markings cannot be excavated or damaged
without the permission of the competent authority.
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 may sterilize the carcasses, place and facilities
or take other measures as deemed necessary.
Article 26
Before slaughtering animals that are infected or suspected of
infected with infectious animal diseases, the owners or keepers
of animals shall report to animal health inspection officer 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 preceding Paragraph, animal health inspection
officer may implement or order a third party to do so. Fees shall
be collected for implementing the necessary measures.
Article 27
When the special municipality or county (city) competent authority
deems it necessary to establish the etiology of sickness of animals
or their carcasses that are suspected of being contaminated with
infectious animal diseases, it may order animal health inspection
officer to conduct a necropsy.
Article 28
When the competent authorities at all levels deem it necessary
for disease control, they may announce the implementation of 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 the movement and could be
treated with necessary operations.
Protocols on checking criteria, procedures, methods for disposal,
fee standard, locations, and other necessary measures in mentioned
in Subparagraph 3 of the preceding Paragraph shall be prescribed
by the central competent authority.
When the competent authorities of special municipalities or counties
(cities) implement the provisions of the preceding Paragraph, they
shall report the situation to the central competent authority for
reference and notify the relevant competent authorities of neighboring
areas.
Article 29
When the competent authorities of special municipalities or counties
(cities) deem it necessary for disease control, they may order
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, or other entities to halt their businesses. In addition,
animal competitions, horse racing competitions, and other activities
which involve the gathering of animals shall be prohibited.
Article 30
When the central competent authority deems it necessary, animal
health inspection officer under their jurisdiction may be dispatched
to host joined infectious animal disease prevention and control
activities among counties (cities) or among counties (cities) and
special municipalities, or to assist competent authorities of
special municipalities and counties (cities) in managing matters
of prevention and control of infectious animal diseases.
Article 31
Upon the eradication of infectious animal diseases, the competent
authorities of special municipalities and counties (cities) shall
annul the announcement of restrictive measures and report the
situation to the central competent authority for reference, as well
as notify the relevant competent authorities of neighboring areas.
Chapter 4 Importation/Exportation and Quarantine
Article 32
The import, transit, or transshipment of quarantine objects shall
be performed at the port or station specified by the import/export
animal quarantine authority.
The quarantine objects mentioned in the preceding Paragraph, as
well as those provided in Paragraph 5 of Article 33 are be quarantined
by import/export animal quarantine authorities or authorized
organizations (institutions) or groups. In addition, inspection
shall be conducted at ports, stations, animal quarantine premises,
and other places and areas specified by import export animal quarantine
authorities.
For quarantine objects requiring to be quarantined at the places
of origin before export, the animal health inspection authorities
and owners or keepers of exported quarantine objects shall cooperate
with import/export animal quarantine authorities to conduct
inspections. The regulations for quarantine procedures, export
registration or annulment, sanitary management, sampling and
analysis examination, reporting of diseases, audits, animal health
certificate issuance or annulment, and other related matters are
prescribed by the central competent authority.
If it is necessary, the import/export animal quarantine authorities
shall notify animal health inspection authorities to conduct a
post-entry follow-up quarantine of imported quarantine objects.
The regulations for inspection, breeding management, notification,
reporting of diseases, period of post-entry follow-up quarantine
and other related matters are prescribed by the central competent
authority.
Article 32-1
If parts of quarantine objects after quarantine are deemed
unqualified by the import/export animal quarantine authorities,
the whole batch shall be assessed as unqualified objects. However,
after the import/export animal quarantine authorities determine
that the quarantine batches are not likely to spread infectious
animal diseases or cross-contamination, the quarantine inspection
results may be assessed individually.
The import/export animal quarantine authorities should notify the
result of quarantine inspection to the importers, exporters or
their agents.
Unqualified objects after quarantine inspection is not allowed
to apply for re-inspection.
Article 33
To ensure the health of animals and humans, the central competent
authority shall announce the overseas disease status of infectious
animal diseases and implement the following quarantine measures
for quarantine objects as deemed necessary:
1.Prohibition of import, transit, or transshipment;
2.Before importing quarantine objects, the importers or their
agents shall apply for the issuance of import quarantine permits
and apply for the quarantine inspection upon arrival;
3.Submit the animal quarantine certificate or other documents
according to quarantine requirements for implementing inspection;
and
4.Post-entry quarantine.
For quarantine objects that the quarantine requirements are not
prescribed by the central competent authority, the importer shall
apply for the issuance of individual quarantine requirements from
the central competent authority before importation, and apply for
quarantine inspection with the import/export animal quarantine
authorities accordingly.
Regulations for prohibiting importation, transit or transshipment
specified in Paragraph 1, application for import quarantine permits,
quarantine requirements, submission of animal quarantine certificates
or other documents for inspection, post-entry quarantine, application
procedures specified in the preceding Paragraph, and other
regulations of compliance are prescribed by the central competent
authority.
In response to an international epidemic emergency, the central
competent authority may announce quarantine diseases and quarantine
measures related to quarantine objects.
Objects that have not been announced by the central competent
authority as quarantine objects in accordance with Paragraph 2 of
Article 5, but determined by the import/export animal quarantine
authorities as potentially capable of spreading infectious animal
diseases, may be forced to be quarantine. If the risk of transmission
of infectious animal diseases is identified, the importation,
transit, transshipment of the objects may be prohibited, or other
necessary measures of the objects may be implemented.
Article 34
Importers or their agents of quarantine objects shall apply for
quarantine prior to the arrival of such objects at ports or stations
according to the provisions of Paragraph 1 of Article 32 and submit
the animal quarantine certificate or other document granted by
the inspection authorities of exporting countries in accordance
with the requirements of Paragraph 3 of the preceding Article.
However, if agreed upon by both the Republic of China and exporting
countries, animal quarantine certificates may be issued electronically.
Passengers or serving personnel on the vehicles, vessels, or aircraft
that carry quarantine objects shall, in accordance with the provisions
specified in the preceding Paragraph, apply for animal quarantine
inspection upon arrival.
Quarantine objects must not be imported through postal delivery.
If quarantine objects are sent through postal delivery, they shall
be returned, confiscated or destroyed. If an individual receives
imported objects that are subject to quarantine by post, he/she
shall promptly submit them to animal quarantine authorities for
destruction.
Quarantine objects must remain intact until quarantine procedures
are completed. Without approval from animal quarantine authorities,
it is prohibited to tamper with packaging, moving, or engaging
in any other activities that may spread infectious animal diseases.
Article 34-1
Importers or their agents of animals subject to post-entry quarantine
shall apply for post-entry quarantine at animal quarantine premises
or other places designated by the import/export animal quarantine
authorities before importation/exportation.
Importers or their agents of animals subject to post-entry quarantine
shall follow the instructions of animal quarantine officer to
transfer the animals to animal quarantine premises or other
designated places for post-entry quarantine within a specified
period.
Upon quarantine, any individual with the exception of the
import/export animal quarantine officer, cannot enter the animal
quarantine premises or designated place without the permission of
import/export animal quarantine authorities. During the post-entry
quarantine period, the animal, related quarantine objects, and
medicines should not be removed or brought in without the inspection
and permission of the animal quarantine officer.
During the quarantine period, if the animal found to be infected
or suspected of infected with infectious animal diseases, the
import/export animal quarantine officer may take necessary measures
according to the actual situation. If immediate action is necessary,
the import/export animal quarantine officer may proceed accordingly
and issue a certificate of disposal to the importer or their
agents.
Article 34-2
If any of the following circumstances applies to imported quarantine
objects, the import/export animal quarantine authorities may take
necessary measures according to the circumstances:
1.Failure to submit the animal quarantine certificate or other
documents in accordance with the requirements under Paragraph
3 of Article 33;
2.The information recorded in the animal quarantine certificate
or other documents mentioned in the preceding Paragraph does
not comply with the requirements under Paragraph 3 of Article
33; or
3.Other situations that do not comply with the requirements under
Paragraph 3 of Article 33.
The necessary measures mentioned in the preceding Paragraph are
as follows:
1.Implement safety measures for animal quarantine in accordance
with international animal quarantine standards;
2.Extend the animal quarantine period, conduct diagnostic tests,
vaccinations, or implement treatment measures;
3.Notify the importer or their agents to rectify necessary documents
within a specified period; if rectification is not possible,
the quarantine objects may be returned or culled; and
4.Return or cull quarantine objects.
Article 34-3
Quarantine objects which are in transit or for transshipment, the
owners, the agents or keepers shall apply for quarantine to
import/export animal quarantine authorities.
For quarantine objects that are not intended for importation but
enter and are stored in free trade zones, the application procedures
or required documents for quarantine may be simplified. The specific
methods are prescribed by the central competent authority in
consultation with the competent authority of the free trade zone.
Article 35
Before the quarantine objects are imported, transited, or re-exported
for unloading, animal quarantine officer may conduct quarantine
in vehicles, vessels, or aircraft when necessary. If quarantine
objects are found to be infected or suspected of infected, or
possibly infected or contaminated with infectious animal diseases,
the animal quarantine officer may take necessary measures against
the quarantine objects, vehicles, vessels, or aircraft. Car
conductors, captains, pilots, managers, or their agents shall
not evade, obstruct, or refuse the inspections.
When animals died or are suspected of dying from infectious animal
diseases in the course of transportation, car conductors, captains,
pilots, managers, or their agents, in charge of transportation
shall report to animal quarantine officer and follow their
instructions prior to arrival at ports or stations and unloading.
After taking measures in accordance with Article 25, owners,
keepers, or captains shall record the details in the log book in
preparation for animal quarantine officer’s inquiries upon arrival
at harbors.
If importers or their agents fail to apply for quarantine inspections
in accordance with Paragraph 1 of Article 34, the import/export
animal quarantine authorities shall carry out disposal procedures
in addition to imposing a penalty specified in Paragraph 11 of
Article 43.
Article 36
If any of the following situations occur regarding the quarantine
objects for exportation, the exporter or their agents shall apply
for quarantine. The quarantine objects may be exported only after
they are inspected and certified as qualified by import/export
animal quarantine authorities, and an export animal quarantine
certificate is issued:
1.According to Paragraph 2 of Article 5, the application for
exported objects subject to quarantine and inspection by
import/export animal quarantine authorities shall be submitted
prior to export.
2.For objects other than those described in the preceding Subparagraph,
the animal quarantine certificate of the Republic of China shall
be attached upon request by the competent authority of the
importing country.
Those who apply for export quarantine without the circumstances
specified in the preceding Paragraph shall not be accepted by the
import/export animal quarantine authorities.
If agreed upon by both the Republic of China and import countries,
certificates mentioned in Paragraph 1 may be issued electronically.
Article 37
(Deleted)
Article 38
In the case of situations stated in Articles 12, 14, 15, 18 to 21,
26, and 27, and sampling matters specified in Subparagraph 1,
Paragraph 1 of Article 12-2 during quarantine, the import/export
animal quarantine authorities shall take necessary actions.
Article 38-1
Food and catering waste carried by vehicles, ships or aircraft
from abroad is not allowed to leave the vehicle, ship or aircraft.
If it leaves, it shall be transported and destroyed in a manner
approved by the import/export animal quarantine authorities.
Article 38-2
The importers, owners, administrators, or their agents bear the
cost of necessary measures stipulated in Paragraph 5 of Article
33, Paragraph 4 of Article 34-1, Paragraph 2 of Article 34-2,
Paragraph 1 of Article 35, Paragraph 2 of Article 35, and Paragraph
4 of Article 35.
Article 38-3
For internet content involving the sale of objects from overseas
to the Republic of China that are subject to quarantine, as well
as importation or other quarantine-related matters, and those
announced by the import/export animal quarantine authorities,
their advertisers, platform providers, application service providers,
or telecommunications businesses shall adopt the following measures
based on the announcement of the import/export animal quarantine
authorities:
1.Add necessary warnings for the awareness campaign of animal
health inspection or quarantine;
2.Keep the personal information of the advertisers, seller, or
purchaser or provide the information to the import/export animal
quarantine authorities regularly; and
3.Restrict access and browsing of related web pages or remove them.
Article 39
Regulations regarding import and export, transit, transshipment
of quarantine objects, application for quarantine, issuance of
animal quarantine certificates, conveying of closed containers,
and the carrying of passengers or personnel serving personnel on
the vehicles, vessels, or aircraft and other related matters of
compliance are prescribed by the central competent authority.
Chapter 5 Compensations for Losses and Penalties
Article 40
In accordance with the provisions of this Act, if animals that
died or have fetuses aborted, due to physical examination,
immunization, vaccination, medicated bathing, or medication
administered by animal health inspection officer, or culled animals
and materials are destroyed, compensation are granted unless the
owner or keeper violates the requirements of Paragraph 1 of Article
12, or fails to follow the instructions of animal health inspection
officer. The competent authority of the special municipality or
county (city) shall organize an evaluation committee to assess
the price and issue compensation fees based on the following
standards:
1.Healthy animals dying or fetuses aborted as a result of physical
examination, immunization, vaccination, medical bath, or medication,
are compensated within the evaluated price;
2.Animals culled for suspicion to be infected or potentially
infected with an infectious animal disease are compensated within
the evaluated price;
3.Animals culled for etiology identification are compensated within
the evaluated price;
4.Animals culled for having an infectious animal disease are
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 or
keeper who reports the first case voluntarily will be compensated
within the evaluated price for animals culled;
5.Materials destroyed are compensated within half of the evaluated
price; and
6.Upon prior consent of authorities, animals slaughtered at the
slaughterhouse to limit the potential of disease outbreak are
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 preceding Paragraph are prescribed by the central competent
authority.
No compensation is paid for animals or materials that are handled
in accordance with Subparagraphs 2 to 5 of Paragraph 1 during
import and export quarantine, or animals that die during quarantine
period.
The compensation mentioned under Paragraph 1 is borne by the
competent authority of the special municipality or county (city);
however the central competent authority may provide subsidies.
Article 41
Any person who imports quarantine objects that are prohibited from
being imported under Subparagraph 1, Paragraph 1 of Article 33
without authorization is sentenced to imprisonment for not more
than 7 years; in addition to that, a fine of not more than 3,000,000
New Taiwan Dollars may be imposed.
Regardless of the ownership of quarantine objects mentioned in
the preceding Paragraph, they may be confiscated by the import/export
animal quarantine authorities before the Court of First Instance
is announced.
In the case that a representative of a juridical person, or an
agent, employee, or other person engaged in the relevant business
activities of a juridical or natural person commits the violations
as stipulated in Paragraph 1 in the performance of their duties,
in addition to punishing the offender(s), a criminal fine as
referred to in Paragraph 1 is also imposed upon the juridical or
natural person concerned. However, if the representative of the
juridical person or ordinary person has tried the best efforts to
prevent crimes from happening, the juridical persons or ordinary
persons are exempted from the punishment.
Article 41-1
If the owner of the transportation vehicle commits the acts
stipulated in the preceding Paragraph, or if the owner intentional
or gross negligence causes a third party to engage in such acts
by using his or her transportation vehicle, hereby spreading a
specific type of infectious animal disease or causing a risk of
spreading it, such transportation vehicle shall be confiscated.
The same shall apply to those who knowingly acquire ownership of
the transportation vehicle with the circumstances as stipulated
in the preceding Paragraph.
The central competent authority announces the specific infectious
animal diseases referred to in Paragraph 1.
Confiscations mentioned in Paragraph 1 are conducted by authorities
in charge of search and seizure.
Article 42
If any of the following circumstances occur, a fine of more than
50 thousand New Taiwan Dollars but less than 1 million New Taiwan
Dollars is imposed, and the offender may be ordered to make
rectifications within a specified period. Those who fail to rectify
by the deadline may be fined repeatedly:
1.Animal owners or keepers violate the provision of Paragraph 1
of Article 19 regarding moving animals out of quarantine areas
without permission.
2.The importers or their agents violate the provision of Paragraph
2 of Article 34-1 and fail to deliver the animals subject to
post-entry quarantine to the animal quarantine premises or other
designated places for post-entry quarantine within a specified
period by following the instructions of animal quarantine officer.
3.Violation of Paragraph 3 of Article 34-1 regarding moving animals
subject to quarantine, related quarantine objects or medicines
into or out of the animal quarantine premises or other designated
places without permission of the import/export animal quarantine
authority during the quarantine period.
4.The car conductors, captains, pilots, managers, or their agents
in charge of transportation, violate the provisions of Paragraph
2 of Article 35 by failing to report to the animal quarantine
officer or to implement necessary measures according to instructions
before unloading.
Any person, who commits the violations stipulated in the Subparagraphs
of the preceding Paragraph and causes the spread or transmission
of animal diseases, is sentenced imprisonment for up to three
years or detention; in addition to that, a fine of not more than
one million New Taiwan Dollars may be imposed.
In the case that a representative of a juridical person, or an
agent, employee, or other person engaged in the relevant business
activities of a juridical or natural person commits the violations
as stipulated in the preceding Paragraph in the performance of
their duties, in addition to punishing the offender(s), a criminal
fine as referred to in the preceding Paragraph is also be imposed
upon the juridical or natural person concerned. However, if the
representative of the juridical person or ordinary person has
tried the best efforts to prevent crimes from happening, the
juridical persons or ordinary persons shall be exempted from the
punishment.
Article 43
If any of the following circumstances occur, a fine of more than
50 thousand New Taiwan Dollars but less than 1 million New Taiwan
Dollars is imposed, and the offender may be ordered to make
rectifications within a specified period. Those who fail to rectify
by the deadline may be fined repeatedly:
1.Violation of Article 10-2. Persons intentionally spread rumors
or false information about infectious animal diseases which
cause damage to the public or others.
2.Violation of Paragraph 1 of Article 12. The animal owners,
keepers, or transport operators fail to report to the animal
health inspection authority or complete the necessary measures
according to instructions of the animal health inspection officer.
3.Violation of Paragraph 2 of Article 12-1. Persons who hold and
use infectious biological materials evade, obstruct, or refuse
counseling or inspection of competent authorities at all levels.
4.Violation of Paragraph 1 of Article 13-1. A veterinarian or
veterinarian technician violates the provisions regarding the
type, and time of vaccine administration, attached label,
submission, application of relevant documents, or movement
control or other preventive and control measures to be implemented;
veterinary medicine distributors sell the type of vaccine that
is not approved by the central competent authority in accordance
with Paragraph 1 of Article 13-1.
5.Violation of Paragraph 1 of Article 17. A veterinarian or
veterinarian technician fails to report to the local animal
health inspection authority.
6.Violation of Paragraphs 1 or 2 of Article 19. Owners or keepers
of animals move animals into or out of animal quarantine premises
or fail to segregate animals and implement necessary measures
by following the instructions of animal health inspection officer.
7.Violation of Article 23 or violation of Paragraph 1 of Article
26. Owners or keepers of animals fail to follow the instruction
of animal health inspection officer or report to animal health
inspection officer.
8.Violation of Paragraph 1 of Article 28 by owners or keepers fail
to implement one of the measures announced by competent authorities
at all levels.
9.Violation of Paragraph 3 of Article 32. Owners or keepers of
export quarantine objects fail to follow protocols regarding
the provision of quarantine procedures, export registration,
hygiene management, sampling and testing, disease notification,
or audits.
10.Violation of Paragraph 4 of Article 32. Owners or keepers of
quarantine objects fail to comply with regulations pertaining
to inspection, feeding management, report, or disease notification.
11.Violation of Paragraph 1 of Article 34. Importers or their
agents of quarantine objects fail to apply for quarantine.
Article 44
If any of the following circumstances occur, a fine of more than
20 thousand New Taiwan Dollars but less than 100 thousand New
Taiwan Dollars shall be imposed, and the offender may be ordered
to make rectifications within a specified period. Those who fail
to rectify by the deadline may be fined repeatedly:
1.Proprietors of rendering plants that violate any provision
regarding Subparagraphs 2 to 6 of Paragraph 1 of Article 16.
2.Proprietors of rendering plants or transport operators of raw
material who violate the provisions of Subparagraphs 1 or 2 of
Paragraph 2 of Article 16.
3.Proprietors of rendering plants or transport operators of raw
material who violate the provisions of Paragraph 3 of Article
16. The methods for the installation, items, disinfection
methods and procedures shall be indicated in the contracts
regarding disinfection facilities and equipment, or provisions
of disinfection equipment, closed systems for preventing leakage,
presenting of the certificate, audit, reporting, loading/unloading
of raw materials, and loading operations of transport vehicle.
4.Captains of vessels or their agents who violate the provisions
of Paragraph 3 of Article 35, and do not record details in the
logbook according to the provisions of Article 25.
5.Exporters or their agents of quarantine objects who violate the
provisions of Paragraph 1 of Article 36 and do not apply for
quarantine.
6.Violation of the provisions of Article 38-1. Failure to transport
or destroy food and catering waste in the manner approved by
the import/export animal quarantine authorities.
Article 45
If any of the following circumstances occur, a fine of more than
30 thousand New Taiwan Dollars but less than 150 thousand New
Taiwan Dollars shall be imposed, and the offender may be ordered
to make rectifications within a specified period. Those who fail
to rectify by the deadline may be fined repeatedly:
1.Owners or relevant entities evade, obstruct, or refuse the animal
health inspection officer, or inspection, assessment, or inquiry
implemented by the animal quarantine officer, pursuant to Paragraphs
1 or 2 of Article 9.
2.Violation of Paragraphs 1, 2, or 4 of Article 13. Owners or
keepers of animals attempt to destroy and forge attached marks,
signs, or certified documents, fail to take animal preventive
and control measures, as well as evade, obstruct, or refuse
preventive and control measures set by the animal health
inspection officer or practicing veterinarians.
3.Violation of Paragraph 1 of Article 13-1. Owners or keepers of
animals fail to comply with the provision regarding the type
and time of vaccine administration, attached label, submission,
application of relevant documents, or movement control or other
preventive and control measures to be implemented.
4.Violation of Paragraph 1 of Article 14. Owners or keepers of
animals fail to implement preventive and control measures in
designated areas, as required by the special municipality or
county (city) competent authority.
5.Animal transport operators who fail to implement cleaning and
disinfection measures in accordance with Paragraph 2 of Article
14, comply with the cleaning and disinfection measures specified
in Paragraph 3 of Article 14, or use disposable/single-use
containers or packaging materials pursuant to Paragraph 4 of
Article 14 under the situations of no improvement despite
repeated warnings or additional violation within one year.
6.Violation of Article 14-1 regarding the prohibited matters
announced by the central competent authority.
7.Violation of Article 15. Owners or keepers of animals fail to
comply with the directive of the special municipality or county
(city) competent authority with regard to providing autopsy or
following the instruction of animal health inspection officer
to incinerate and bury animal carcasses.
8.Violation of Paragraphs 1 or 3 of Article 20, as applied mutatis
mutandis pursuant to Subparagraph 1, Paragraph 1 of Article 20.
Owners or keepers of animals fail to follow the instruction of
animal health inspection officer to cull, incinerate, bury,
disinfect, render, or implement other necessary measures in
handling animals.
9.Violation of Article 22. Owners or keepers of animals fail to
follow instructions with regard to controlling animals' actions
or providing other necessary assistance, or evading, obstructing,
or refusing instructions.
10.Violation of Article 24. Exhuming remains from burial sites or
defacing warning signs without permission.
11.Violation of the directive of the special municipality, county
(city) competent authority in accordance with Article 29.
12.Violation of Subparagraph 2, Paragraph 1 of Article 33 or
Paragraph 3 of Article 33. Importers or their agents of quarantine
objects fail to comply with the provisions pertaining to the
application of import permit before importing.
13.Violation of Paragraph 3 of Article 34. The recipients fail to
deliver imported quarantine objects to the import/export animal
quarantine authorities for destroying.
14.Violation of Paragraph 4 of Article 34. Importers or their
agents of quarantine objects destroy the packaging of quarantine
objects, move objects, or commit acts that could spread infectious
animal diseases without permission of import/export animal
quarantine authorities.
15.Violation of Paragraph 1 of Article 34-1. Importers or their
agents of animals fail to apply for post-entry quarantine space
at animal quarantine premises or other designated places prior
to exportation/importation.
16.Violation of Paragraph 1 of Article 34-3. Owners or their agents
of quarantine objects fail to apply to the import/export animal
quarantine authorities for quarantine inspection before transit
or transshipment.
17.Violation of Paragraph 1 of Article 35. Car conductors, captains,
pilots, managers, or their agents in charge of transportation,
evade, obstruct, or refuse the necessary measures taken by the
animal quarantine officer.
18.Violation of provisions of Paragraph 3 of Article 38. Failure
to implement measures announced by the import/export animal
quarantine authorities.
Article 45-1
Passengers or serving personnel on the vehicles, vessels, or
aircraft who do not apply for quarantine inspections in accordance
with Paragraph 2 of Article 34 are fined of more than 10 thousand
New Taiwan Dollars but less than 1 million New Taiwan Dollars.
Article 46
The fines stipulated in the Act are imposed by the special municipal
or county (cities) competent authority, or import/export animal
quarantine authorities.
Chapter 6 Supplemental Provisions
Article 47
The Enforcement Rules of this Act are prescribed by the central
competent authority.
Article 48
This Act becomes effective on the date of its promulgation. |