MONISTRY OF AGRICULTURE
Laws and Regulations Retrieving System

Article 1        To respect the lives of animals and protect them, this Act is hereby enacted. 

 

Animal protection shall be implemented pursuant to this Act; unless otherwise specifically stipulated in other laws with repsect to the same subject matter, such relevant laws shall govern.

 

Article 2   The competent authority under this Act shall be the Council of Agriculture, Executive Yuan at the central government level, the municipal government at the municipality level, and the county (city) government at the county (city) level.  

 

Article 3     Terms used in this Act are defined as follows: 

1. “Animal” refers to a dog, a cat and a vertebrate that is raised or kept by people, including the economic animal, the experiment animal, pets and other animals. 

2. “Economic Animal” refers to an animal that is raised or kept by people for its fur, meat, milk, labor or other economic purposes. 

3. “Experiment Animal” refers to an animal that is raised or kept for scientific applications. 

4. “Scientific Application” refers to applications for the purpose of teaching, experiment, manufacturing biological preparation, experimental products, drugs or toxic substance, and the organ transplant.  

5. “Pets” refer to dogs, cats and other animals that are raised or kept for the purpose of pleasure and companionship.  

6. “Pet Owner” is the owner of the animal or the person who takes actual charge of the animal. 

7. “Pet Breeding Yard” is the site where pets are raised, improved or bred for commercial purposes.

8. “Maltreatment” refers to violence, improper use of drugs or other means (except for the necessary acts to raise, keep or dispose of an animal), which leads to injuries or disabilities of the animal to maintain a normal physical condition.

9. “Transporter” refers to the person whose occupation is to transport animals.

10. “Slaughter House Worker” refers to the person whose occupation is to kill economic animals in the slaughterhouse.

Article 4     The central competent authority shall select and hire experts, scholars and representatives from relevant institutions and registered civil animal protection organizations to periodically formulate animal protection policies and review the implementation status of this Act. The number of such experts, scholars and the non-official representatives from registered civil animal protection organizations shall not be less than two thirds of the total number of such hired personnel. 

 

Article 5     A pet owner shall be twenty years of age or above. As for teenagers under the age of twenty years raising animals, their legal representative or legal guardian shall be the pet owner. 

 

The pet owner is obligated to provide the animal he or she keeps with the following:

1. Adequate food, water and sufficient room for the animal to move around

2. A safe, shaded, ventilated, illuminated, warm and clean living environment

3. Necessary prevention and cure of statutory animal infectious diseases

4. Protection against vicious or unjustified disturbance, maltreatment or harm

5. Other appropriate care

 

Pet owners shall not abandon animals they keep, but may send the animals to animal shelters or places designated by the municipal or county (city) competent authority. 

 

Article 6       No one shall inflict disturbance, maltreatment or harm on animals intentionally or without justification.   

 

Article 7        Pet owners shall prevent their animals from infringing others’ life, body, freedom or properties without justification.

 

Article 8        The central competent authority may announce animals that are prohibited from being raised, exported or imported. 

 

Article 9        During the transportation of animals, transporters shall watch the animals’ food, water, excretion, environment and safety and prevent the animals from being scared, miserable or hurt.

 

Transporters of specific types of animals that are announced by the central competent authority shall attend and complete the pre-service workshop and obtain the certificate, before they may start working as a transporter. 

 

After transporters attend and complete the pre-service workshop and start working as a transporter, they shall attend the in-service workshop once every two years. Workshops for transporters, animal transportation tools and methods, and other requirements shall be stipulated by the central competent authority. 

 

Article 10      The following acts shall be prohibited: 

1. Any fights between animals or between animals and people for direct or indirect gambling, entertainment, operation, advertisement or other improper purposes

2. Any animal contest for the purpose of direct or indirect gambling   

3. Any maltreating behavior, exchange or bestowing of animals for the purpose of direct and indirect gambling or other improper purposes

4. Use of violence or improper electrical shock to make animals move or marking animals in a harmful way by using a knife during transportation, auction or lairage 

5. Feeding water and food by force, bounding, throwing, casting, cutting, or exsanguinating of economic animals that are not humanely stunned while in the slaughterhouse

6. Any other act that violates good social custom

Article 11   Pet owners must provide necessary medical treatment to animals that are injured or sick.

 

Medical treatment and surgeries for animals shall be performed by a veterinarian based on the need for the health or management of animals. This provision, however, shall not apply to an emergency, scientific applications or other situations announced by the central competent authority. 

 

Article 12   No one may kill animals at will except for the following purposes:  

1. For economic purposes, i.e. to eat the meat, get the fur or feed other animals 

2. For scientific applications

3. For the control of animal diseases or to improve the breed 

4. For bringing down the excessive number of economic animals with the permission from the competent authority

5. For freeing animals from pains of injuries and illnesses 

6. For preventing immediate danger to human lives, body, health, freedom, property or public safety 

7. Animals kept in animal shelters or in the places designated by the municipal or county (city) competent authority that are not claimed, adopted or properly disposed of over twelve days following a notice or public announcement 

8. Other reasons as stipulated in this Act or announced by the central competent authority

 

The central competent authority may announce a prohibition on killing animals as mentioned in Subparagraph 1 of the preceding paragraph.

 

No one may be allowed to conduct any of the following actions for purposes stipulated in Subparagraph 1 of Paragraph 1:

1. To kill a dog or a cat or sell its carcass

2. To sell the carcass of an animal announced by the central competent authority to be prohibited from killing

 

Animals that are allowed to be claimed and adopted in accordance with Subparagraph 7 of Paragraph 1 do not include animals that are prohibited from being raised or imported as referred to in Article 8. However, animals raised or adopted before the date of promulgation and registered according to Paragraph 1 of Article 36 are allowed to be claimed by the original pet owner.

 

Article 13   Animals that are put to death according to Paragraph 1 of the preceding article shall be done in a humane way with the least pains. Moreover, the following regulations shall be followed:

1. Unless otherwise announced by the competent authority, animals are not allowed to be slaughtered at public places or in places accessible by the public.    

2. Except for emergency, only a veterinarian may put a pet to death in order to free the pet from pains caused by injuries or illnesses. 

3. Slaughter of animals kept in animal shelters or places designated by the municipal or county (city) competent authority shall be performed by or under the supervision of a veterinarian. 

4. Slaughter of excessive animals shall be done in the manner approved by the competent authority. 

 

The central competent authority may stipulate regulations for the slaughter of animals in a humanitarian way per the actual necessity. 

 

The slaughterhouse workers for economic animals shall attend workshops on humane slaughter operations held by the competent authority or its entrusted third party on a yearly basis.

 

Article 14   The municipal or county (city) competent authority shall set up animal shelters, authorize civil institutions or organizations to set up animal shelters, or designate certain places to accommodate and handle the following animals in the municipality or county (city) based on the population and the number of stray dogs and cats in such municipality or county (city): 

1.Stray animals caught by the municipal or county (city) government, other institutions or civilians 

2. Animals that are no longer to be raised by their owners

3. Animals that are kept or confiscated by the competent authority in accordance with this Act 

4. Animals that are in jeopardy 

 

 

The municipal or county (city) competent authority may stipulate incentive measures to guide and assist civil institutions and organizations in establishing animal shelters. 

 

Fees may be charged for services provided by animal shelters or places designated by the municipal or county (city) competent authority. The fees will be stipulated by the municipal or county (city) competent authority. 

 

Article 14-1    Without the approval of the competent authority, the following methods shall not be used to capture animals:

1. Explosives

2. Toxic substance

3. Electricity

4. Corrosive substance

5. Firearms other than the tranquilizer gun

6. Clamps

7. Other methods banned by the competent authority through announcement.

 

Any use of the method mentioned in the preceding paragraph without approval may be immediately eliminated or dismantled and destroyed by the competent authority, for which the land owner, user, or manager may not circumvent, obstruct or reject.

 

Article 15      Live animals shall be avoided in scientific applications, if possible. When the use of live animals is necessary, it shall be limited to the minimal number and the application shall be done in a way that inflicts the least pain or harm to the animals.

The central competent authority may stipulate regulations governing the source, scope of application and management of laboratory animals by the species.

 

Article 16      Institutions that conduct scientific applications of animals shall establish a care and use committee or panel for laboratory animals to supervise scientific applications of laboratory animals in such institutions.

 

The central competent authority shall select and hire scholars, experts and representatives from relevant institutions and registered civil animal protection organizations to supervise and manage scientific applications of animals on a regular basis, among whom there shall be at least one veterinarian and one representative from civil animal protection organizations.

 

Regulations governing the composition, duty and management of such care and use committee or panel for laboratory animals shall be stipulated by the central competent authority.

 

Article 17      The condition of laboratory animals shall be examined immediately after the scientific application. In the event that the quality of life of such animals is affected by the loss of their partial body organs or suffers continual pain, they shall be put to death immediately with minimal pain.

 

Unless otherwise required for further scientific applications, laboratory animals shall be given sufficient time after the scientific application for the full recovery of their physiology functionbefore they are used again in other scientific applications.

 

Article 18      Schools below the level of senior high school shall not offer classes outside the curriculum established by the competent authority of education which may cause injuries or death to animals.

 

Article 19      The central competent authority may designate pets for which registration is required.

 

The pet owner shall register the birth, acquisition, transfer, loss and death of the pets mentioned in the preceding paragraph with the municipal or county (city) competent authority or its entrusted civil institution or organization. The municipal or county (city) competent authority shall issue an ID to the registered pet and may implement a chip to such pet.

 

The registration procedure and timeframe, incentive for sterilization, other related regulations and the identification management measures mentioned in the preceding paragraph shall be established by the central competent authority.

 

Article 20      When entering public places or places accessible to the public, pets shall be accompanied by people over seven years old.

 

When entering public places or places accessible to the public, aggressive pets shall be accompanied by adults and appropriate preventive measures shall be taken.

 

Aggressive pets as well as preventive measures to be taken as mentioned in the preceding paragraph shall be announced by the central competent authority.

 

Article 20-1      The municipal and county (city) competent authority shall provide appropriate public places for the use of pet owners and their pets.

 

Article 21      In the event that a pet for which registration is required enters a public place or places accessible to the public without companion, anyone may assist in protecting such pet and handing it over to an animal shelter or a place designated by the municipal or county (city) competent authority.

 

In the event that the pet mentioned in the preceding paragraph carries an ID, its pet owner shall be notified as soon as possible to claim it. Pets that are not claimed within twelve days of notice or without an ID shall be handled in accordance with Articles 12 and 13.

 

If the pet mentioned in Paragraph 1 carries contagious disease or is in other emergent state, it may be put to death in a humane way.

 

For pets sent by pet owners to animal shelters or places designated by the municipal or county (city) competent authority, the regulations in the preceding two paragraphs shall apply.

 

Article 22   Any person who operates the pet breeding, trading or fostering industry of specific pets for profits shall apply for a license to the municipal or county (city) competent authority and obtain the business license pursuant to applicable laws before such operation.

 

The kind of specific pets as well as the qualifications, facilities, full-time staff, application procedures, expiration and renewal of the license, grounds for revocation or abolishment of licences, the pet breeding process and other management regulations to be complied with for the person who runs the pet breeding yard, trading or fostering industry referred to in the preceding paragraph shall be stipulated by the central competent authority.

 

The effective period of the license mentioned in Paragraph 1 shall not exceed three years.

 

Any person who runs the pet breeding yard, trading or fostering industry of specific pets prior to the enforcement of Paragraph 2 shall, within two years of the promulgation of this Regulation, apply for the license to the municipal or county (city) competent authority. Failure to file such application shall be handled in accordance with Article 25-1.

 

Article 22-1   The municipal or county (city) competent authority shall conduct regular inspections and evaluations on the pet breeding yards, trading or fostering industry. The regulations of such inspections and assessment shall be stipulated by the central competent authority.

 

Article 22-2   Any person who trades pets specified in Article 22 shall acquire pets from the breeding yards or pet merchants with the required license. Such pets may not be traded or transferred to others without being implemented the chip.

 

 

 

Any person who operates the pet breeding yard, trading or fostering industry shall identify its license number, when advertising or marketing via the electronic media, print media, telecommunications network, or other media.

 

 

Article 23      The municipal or county (city) competent authority shall have exclusive animal protection inspectors and may select volunteer animal protectors to assist in animal protection inspection tasks.

 

Animal protection inspectors may enter the places for the animal contest, or for slaughtering, breeding, trading, fostering and exhibiting animals, or other business premises, or places for training or animal scientific application, in order to inspect and ban activities in violation of this Act.

 

No circumvention, obstruction or rejection against the the inspection or ban provided in the preceding paragraph is allowed.

 

Animal protection inspectors shall identify themselves by presenting identification documents of performance or other distinguishable badge, when performing their duties, and is entitled to the police’s assistance, if necessary.

 

In order to effectuate the implementation of this Act, the competent authority shall prepare budget on a yearly basis to actively promote the animal protection tasks.

 

Article 24     The municipal or county (city) competent authority shall notify institutions or schools which violate Article 15, Paragraph 1 of Article 16, Article 17 or Article 18 in advance to improve or take necessary measures within the designated timeframe.

 

 

Article 25      If any of the following occurs, the offender is subject to a fine between NT$100,000 and NT$500,000, whose name, title or picture may be announced:

1. In violation of Paragraph 2 of Article 5, or Article 6 by intentionally maltreating or harming animals so as to cause serious handicap to their bodies, malfunction of their major organs or their death.

2. In violation of Paragraph 2 or Subparagraph 1 of Paragraph 3 of Article 12 by killing dogs, cats or other animals banned by the announcement of the central competent authority.

 

Offenders who materially violate or, within two years, repeatedly violate any of the subparagraph of the preceding paragraph shall be subject to a fine between NT$200,000 and NT$1,000,000.

 

Offenders who repeatedly violate any subparagraph of Paragraph 1 within five years shall be penalized by imprisonment or detention up to one year, or together with a fine up to NT$1,000,000.

 

Article 25-1    Any violation of Paragraph 1 of Article 22 by operating the pet breeding, trading or fostering industry of specific pets as provided in Article 22 without the permission of the municipal or county (city) competent authority shall be subject to a fine between NT$50,000 to NT$250,000, and shall be remedied by a given deadline. Anyone who fails to remedy before deadline shall be ordered to suspend the operation, and those who resist to suspend the operation shall be subject to penalty per occurrence.

 

Article 26      Any violation of Article 8 by breeding, importing or exporting animals that are prohibited by the announcement of the central competent authority shall be subject to a fine between NT$50,000 and NT$250,000.

 

Article 27      If any of the following occurs, the offender shall be subject to a fine between NT$50,000 and NT$250,000, whose name, title or picture may be announced. Offenders who resist to remedy may be fined per occurrence:

1. In violation of Subparagraph 1 of Article 10, that is, to make animals fight with other animals or against a human being

2. In violation of Subparagraph 1 of Article 10, that is, to fight with animals

3. In violation of Subparagraph 2 of Article 10, that is, to engage animals in contests for the purpose of direct or indirect gambling

4. In violation of Subparagraph 3 of Article 10, that is, to use animals as a tradeoff or giveaway for the purpose of direct or indirect gambling

5. In violation of Subparagraph 6 of Article 10, that is, to use animals in other ways that are against good social customs

6. In violation of Paragraph 1 of Article 12, that is, to kill animals

7. In violation of Subparagraph 1 or 2 of Paragraph 3 of Article 12, that is, to sell the carcasses of dogs, cats or other animals banned by the announcement of the central competent authority

8. In violation of related pet breeding operations stipulated by the central competent authority in accordance with Paragraph 2 of Article 22

 

Article 27-1 Any distribution, broadcast or sale of the text, picture, voice, image, electromagnetic record or other article in violation of Article 6, Article 10 or Paragraph 1 of Article 12, publicly display, or make the foregoing available for others to view or hear by means of other methods, shall be penalized by imprisonment up to one year, detention, or in lieu thereof or in addition thereto a fine up to NT$30,000, except for the purposes of academic research or public interests.

 

Article 28      If any of the following occurs, the offender shall be subject to a fine between NT$40,000 and NT$200,000, and shall remedy such violation by a given deadline, whose name, title or picture may be announced. Offenders who do not remedy by the given deadline may be fined per occurence and the accumulation of three fines will result in the abolishment of the license:

 

1. In violation of regulations stipulated by the central competent authority in accordance with Paragraph 2 of Article 22 regarding the qualifications, facilities, and full-time personnel that are required for breeding yards, trading or fostering industries of specific pets

 

2. In violation of Paragraph 1 of Article 22-2, that is, pet traders fail to obtain pets from a licensed pet breeding yard or pet trader, or fail to implement the chip in pets before trading or transferring them to others.

 

Article 29      Any person in violation of one of the following is subject to a fine between NT$30,000 and NT$150,000:

 

1. In violation of Subparagraph 3 of Article 5, that is, to abandon animals and cause damage to the ecology

 

2. In violation of Paragraph 1 of Article 15, Article 17 or Article 18, that is, failure to remedy within the given deadline or take necessary measures in accordance with Article 24

 

3. In violation of Paragraph 1 of Article 16, that is, failure to establish the care and use committee or panel for laboratory animals

 

4. In violation of Paragraph 2 of Article 20, that is, failure to cause aggressive pets accompanied by an adult or with proper preventive measures taken, while they enter public places or places accessible to the public

 

5. In violation of Paragraph 3 of Article 23, that is, to circumvent, obstruct or reject animal protection inspectors from performing their duties.

 

Article 30      Any person in violation of one of the following is subject to a fine between NT$15,000 and NT$75,000:

1. In violation of Subparagraph 4 of Paragraph 2 of Article 5, that is, to inflict vicious or unjustified disturbance, maltreatment or harm on animals without causing serious handicap, malfunction of their major organs, or their death to said animals

2. In violation of Subparagraph 3 of Article 5, that is, to abandon animals without causing damage to the ecology

3. In violation of Article 6, that is, to inflict disturbance, maltreatment or harm on animals intentionally or without justification

4. In violation of Paragraph 1 of Article 11, that is, pet owners fail to provide injured or sick animals with necessary medical care and without curing such failure by the deadline given by the municipal or county (city) competent authority

5. In violation of Subparagraph 1, Paragraph 1 of Article 13, that is, to slaughter animals at public sites or in places accessible to the public

6. In violation of Subparagraph 4of Paragraph 1 of Article 13, that is, failure to slaughter excessive animals in the manner approved by the competent authority

7. In violation of Paragraph 2 of Article 13, that is, failure to slaughter animals in accordance with regulations for slaughters of animals stipulated by the central competent authority

8. In violation of Paragraph 1 of Article 14.1, that is, to capture animals with banned methods without the approval of the competent authority

9. In violation of Paragraph 3 of Article 22-2, that is, pet breeding or fostering merchants refuse to provide purchasers with documents bearing information pertaining to such pets during the transaction

10. In violation of Paragraph 4 of Article 22-2, that is, pet breeding, trading or fostering merchants fail to identify their license number, when advertising via the electronic media, print media, telecommunications network, or other media

 

When violating Subparagraphs 1 to 3 of the preceding paragraph that cause serious injuries to or death of animals, or violating more than two times of any of Subparagraphs 1 to 8 of the preceding paragraph within five years, offenders shall be subject to imprisonment up to one year.

 

Article 31      If any of the following occurs, the offender is subject to a fine between NT$3,000 and NT$15,000, and those who refuse to remedy shall be subject to repeated fines per occurrence:

1. In violation of Paragraph 2 of Article 9, that is, transporters perform transportation of animals without acquiring a certificate as a result of the completion of the pre-service workshop.

2. In violation of Paragraph 3 of Article 9, that is, transporters fail to attend the in-service workshop held by the competent authority or an entrusted third party every two years.

3. In violation of regulations for transportation tools or methods stipulated by the central competent authority in accordance with Paragraph 3 of Article 9

4. In violation of Paragraph 2 of Article 11, that is, failure to provide medical treatment to or perform surgeries on animals based on the need for their health management

5. In violation of Subparagraph 2 of Paragraph 1 of Article 13, that is, anyone without being qualified as veterinarian puts animals to death not because of emergency.

6. In violation of Subparagraph 3 of Paragraph 1 of Article 13, that is, animals are not slaughtered by a veterinarian or with supervision of a veterinarian

7. In violation of regulations for the registration of the birth, acquisition, transfer, loss or death of pets by pet owners stupulated by the central competent authority in accordance with Paragraph 3 of Article 19, which is not remedied after advice

8. In violation of Paragraph 1 of Article 20, that is, pet owners fail to have their pets accompanied by people over the age of 7, while such pets enter public places or places accessible to the public, and to remedy such failure after being advised.

 

Offenders who violate any of offenses mentioned in Subparagraphs 3 to 6 of Paragraph 1 more than two times within five years shall be subject to imprisonment up to one year.

 

Article 32      If any of the following occurs, the municipal or county (city) competent authority may immediately confiscate the pets of such pet owners:

1. In violation of Paragraph 2 of Article 5, that is, pet owners inflict vicious or unjustified disturbance, maltreatment or harm on the pets they keep to a serious degree that may lead to death of such pets.

2. In violation of Paragraph 3 of Article 5, that is, animals abandoned by pet owners

3. In violation of Article 7, that is, animals that cause harm to others’ life or body as a result of their infringement of others’ life or body without justification

4. In violation of Article 7, that is, pet owners refuse to remedy after being advised and animals they keep violate others’ freedom or property once again without justification.

5. In violation of Article 8, that is, animals expressly banned by announcement to be raised, imported or exported

 

For pet owners in violation of any subparagraph of the preceding paragraph, the municipal or county (city) competent authority may disallow them to adopt animals from animals shelters governed by the municipal or county (city) competent authority and dismiss their applications for operating pets breeding, trading or fostering industry.

 

Article 33      If any of the following occurs, in addition to penalty imposed in accordance with this Act, the municipal or county (city) competent authority shall demand the pet owners to remedy by a given deadline, and may immediately confiscate their animals when they fail to so comply with:

1. In violation of Paragraph 2 of Article 5, that is, to inflict vicious and unjustified disturbance, maltreatment or harm on animals

2. In violation of Article 10, that is, to use animals in a prohibited manner

3. In violation of Paragraph 1 of Article 11, that is, failure to provide animals with necessary medical treatment

4. In violation of Paragraph 2 of Article 20, that is, failure to have aggressive pets accompanied by an adult or with proper preventive measures taken, while such pets enter public places or places accessible to the public

For pet owners in violation of any subparagraph of the preceding paragraph, the municipal or county (city) competent authority shall disallow them to adopt animals from animals shelters governed by the municipal or county (city) competent authority and dismiss their applications for operating pets breeding, trading or fostering industry.

 

Article 34      Fines provided in this Act shall be imposed by the municipal or county (city) competent authority.

 

Article 35      Fines imposed by this Act shall be paid up by the given deadline. Failure to so comply with will result in the transfer of such imposition to the competent court for compulsory execution.

 

 

Article 36      Pet owners of animals which are banned from being raised or imported but raised before the announcement made by the central competent authority in accordance with Article 8 shall report to the municipal or county (city) competent authority for record within the timeframe given by the central competent authority. The foregoing shall apply to any change of such report.

 

Pet owners who register the said animals in accordance with the preceding paragraph may keep raising such animals, but may not breed them unless otherwise announced by the central competent authority.

 

Any violation of the preceding two paragraphs shall be handled in accordance with Article 26 and Subparagraph 3 of Article 32.

 

Article 37      Pet breeding, trading or fostering industries registered before the announcement of Paragraph 1 of Article 19 shall, within two years of the promulgation of the management regulation enacted in accordance with Paragraph 2 of Article 22, apply for the license to the municipal or county (city) competent authority. Failure to do so shall be handled in accordance with Article 25-1.

 

Article 38      The municipal or county (city) competent authority shall charge for the identification tag issued, the loss and claim of pets in accordance with Paragraph 2 of Article 19 and the license issued in accordance with Paragraph 1 of Article 22. The charge will be stipulated by the central competent authority.

 

Article 39      The enforcement rules of this Act shall be stipulated by the central competent authority.

 

Article 40      This Act shall come into enforcement from the date of promulgation.