Laws Information

法規資訊
Title: Statute for Prevention and Control of Infectious Animal Disease
Am Date: 2014-12-24
Legislative History: Amended on Dec 24, 2014 – Articles 12-1, 12-2, 14, 14-1, 19, 28, 40, 43, 45

Transaction

Amended

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 bestipulated by the central competent authority.

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 14
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 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 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 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 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 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.