Laws Information

法規資訊
Title: Animal Industry Act
Am Date: 2010-11-24
Legislative History: Amended on November 24, 2010 Hua-Zong-(1)-Yi-Tzi-09900317091

Transaction

Amendment

Article 28-1
To stabilize the supply and demand of livestock and poultry, the central competent authority should establish livestock and poultry funds according to actual industry needs. The central competent authority may ask participating breeders, members of various livestock and poultry groups, and business owners to pay regulatory fees of not more than 0.04% of livestock and poultry prices.
The central competent authority shall determine the terms of payment of the regulatory fees, actual payment rates, payment deadlines, and scope of payment.
Fund management associations for both the livestock and poultry industries need to be established with several committee members to take care of the balance of payments, management, and use of the funds mentioned in Paragraph 1.
The central competent authority has to appoint a government agency or a group to collect on its behalf the regulatory fees in Paragraph 1.
The central government authority should draw up a budget for subsidies should the industry fund be temporarily suspended due to the following reasons:
1. Major plague or calamity in the country
2. Severe imbalance in supply and demand
3. Other force majeure factors making the collected regulatory fees in adequate.

Article 29-1
In accordance with the Paragraph 3 of the preceding article, the veterinarian dispatched by the central competent authorities, or commissioned or employed by a proprietary organization commissioned by the central competent authorities, should pass the training and receive a certificate issued by the central competent authorities or the commissioned training institution

Article 45-1
This Act has been promulgated by the central competent authority and should be publicly announced and published in government bulletins.
Article 3
The terms used in the Act herein are defined as follows:
1. Livestock: Cattle, sheep, horse, pig, deer, rabbit and other animals designated by the central competent authority.
2. Poultry: Chicken, duck, goose, turkey and other fowls designated by the central competent authority.
3. Farm: A place of raising livestock or poultry with an operation scale up to that specified in Article 4 herein.
4. Slaughterhouse: A slaughter establishment set up according to the Act, or approved or designated by the competent authorities prior to the promulgation of the Act.
5. Breeding flock: Livestock or poultry for reproduction.
6. Breeding stock: Genetic materials of the breeding flock, such as semen, ovum, egg, embryo, genes, or genetically modified organisms or transplanted embryo.
7. Breeder: Business engaging in the raise, incubation, improvement or propagation of breeding flock or breeding stocks.
8. Breeding farm: A place where raise, incubation, improvement or propagation of breeding flock or breeding stock takes place.
9. Industrial organization: Academy, foundation, trade association, farmer’s association or cooperative that is associated with the research, development, production, supply and marketing of farming or veterinary medicine.

Article 4
When an establishment that raises livestock or poultry has reached a certain scale as specified by the central competent authority, it shall apply for the registration of farm.
Where establishments that raise livestock or poultry of the same species use the same water meter, electricity meter, drainage outlet, or are located inside the same premises surrounded by fence (wall), their operation scale shall be tallied in combination.
Simultaneously the central competent authority shall specify the scale of farming operation referred to in the first paragraph when it designates livestock or poultry pursuant to Item 1 or 2 of Article 3 herein.

Article 6
Application for the registration of a farm, the applicant shall fill out an application form, and attach a pollution control plan that is reviewed and approved by the environmental protection authority. The application shall be submitted to the municipal competent authority or the competent authority in the prefecture (city) where the establishment is located.
After being issued the use permit of facilities, a farm shall complete its construction within one year, or apply for an extension with the presentation of appropriate reasons, subject to the approval of the municipal or prefectural (city) competent authority. Within three months after its construction, the farm shall apply to the municipal competent authority or the competent authority in the prefecture (city) where the establishment is located for an on-site inspection. The competent authority shall, within one month on receipt of the application, conduct the inspection together with the environmental protection authority, and issue a registration certificate if the farm conforms to the inspection requirements and notify the central competent authority and central environmental protection competent authority of such issuance.

Article 7
The registration certificate of a farm shall state the following
particulars:
1. Name.
2. Person-in-charge and principal managerial personnel.
3. Address.
4. Size of area.
5. Primary facilities.
6. The kind of livestock or poultry raised, and the scale of operation.

Article 8
Where there is any change to the registration items required by any subparagraph of the preceding article, the farm shall apply for change of registration within one month after the day on which the fact happened to the municipal competent authority or competent authority in the prefecture (city) where the farm is located. After the approval of the change of registration, the municipal competent authority or competent authority in the prefecture (city) shall notify the central competent authority and central environmental protection competent authority of such change.
The provisions in Article 6 will apply mutatis mutandis in case the farm builds new facilities or additions, make renovation, take on major repair, relocate the animal quarters, change farm address, or the kind of livestock or poultry raised.

Article 8-1
The following provisions will apply for the farm that has received the farm registration certificate, but for some reason suspends, closes up or goes back to business.
1. The farm that suspends it business shall fill out a report on suspension of business within one month of the actual closure date and, together with the farm registration certificate, submit to the competent authority of the municipality or county (city) to revoke the farm registration certificate and render it null and void.
2. The farm that has closed down business for more than six months and less than one year should fill out a report on closure of business within one month of the actual closure date and submit this to the competent authority of the municipality or county (city) for a later check-up. The same procedure applies when the farm goes back to business.
3. The farm that has closed up its business for more than one year and whose primary farming facilities in the premises have been removed will be considered as good as suspending business. Suspension of business should be carried out in accordance with the provisions of Paragraph 1. For violators, the competent authority of the municipality or county (city) should revoke the farm’s registration certificate and render it null and void.
4. The farm, which is unable to go back to business for a proper reason before the period of closure of business comes to an end, may apply to the competent authority in the municipalities or county (city) for approval to extend the time limit of the period. This application is allowed only once; the maximum extension period is one year.
Regarding situations stated in the subparagraphs of the preceding paragraph, the competent authority in the municipalities or county (city) notify the central competent authority and central environmental protection competent authority of such issuance.

Article 13
Breeders shall carry out pedigree register with the central competent authority for the registered breed or strain described in Article 12 if it is so designated by the same authority.

Article 19
Breeding flock or breeding stock that have been designated by the central competent authority shall obtain the approval document of the same authority before it can be imported or exported.

Article 23
For the purpose of stabilizing market supply and demand, the central competent authority may specify the kind of livestock or poultry and announce regulating measures with regard to the following particulars:
1. The heads of livestock or poultry raised by individual farm.
2. The heads of livestock or poultry the wholesale produce market may accept from the suppliers.
3. The ratio of domestic sale and export of livestock or poultry produced by large farm.
4. Temporarily suspending acceptance of farm registration or applications for construction of new farms, increase building of farm facilities, and expanding breeding scale.
5. Other necessary items.
The central competent authority will carry out the regulating measures in previous paragraph, which should be publicly announced.
Those who have obtained farm facility permits before the public announcement by the central competent authority are not covered by the announcement in the previous paragraph.
The temporary suspension pursuant to Subparagraph 4, Paragraph 1 is one year, which may be extended if necessary.

Article 29
The slaughtering of pig, cattle, goat or other livestock or poultry as designated by the central competent authority for human consumption shall be carried out in a slaughterhouse, unless the central competent authority otherwise designates it.
The person in charge of the slaughterhouse mentioned in the preceding paragraph shall apply to the central competent authority for meat inspection; the central competent authority and the central health competent authority shall be responsible for regulations governing application procedures, documentation, inspection procedure, steps and methods, tethering, missing, isolated slaughter, emergency slaughter, determining qualification, condemning carcasses, handling of viscera, veterinary instructions, cessation of slaughter inspection, and other work items.
The central competent authority may conduct the meat inspection mentioned in the preceding paragraph by themselves, or by commissioning a proprietary organization, or a qualified practicing veterinarian.
The aforesaid inspection, if carried out by a commissioned organization or veterinarian, shall be under the supervision and evaluation of the central competent authority. Personnel commissioned to carry out the inspection, testing and issue of certificate shall act in the capacity of a public official and assume responsibility thereof.
The central competent authority shall draw up a budget for the meat inspection pursuant to second paragraph of this Article, but shall charge the slaughterhouses at the rates set by the central competent authority for the number of inspection hours exceeding the number of regular office hours of government.

Article 30-1
f the construction of a registered slaughterhouse is for some reason forced to be suspended for less than a month, the person-in-charge shall fill out a report on suspension and resumption of work five days prior to the suspension of construction, and apply to the municipal or central competent authority via the prefecture (city) competent authority for a later check-up.
If the business of a registered slaughterhouse is for some reason forced to be suspended for more than one month and less than one year, the managerial personnel shall fill out a report on suspension of business ten days before its business is suspended, and deliver it to the municipal or central competent authority via the prefecture (city) competent authority for a later check-up. When a slaughterhouse is ready to go back to business, the managerial personnel shall fill out a report on resumption of business ten days before the business is resumed, provide the documents as designated in Paragraph 2, Article 29, and deliver it to the municipal or central competent authority via the prefecture (city) competent authority for approval before its business can be resumed.
If the business of a registered slaughterhouse is closed up for some reason, the managerial personnel shall fill out a report on closure of business and deliver it together with the slaughterhouse registration certificate to the municipal or central competent authority via the prefecture (city) competent authority to revoke it.
A slaughterhouse whose business has been suspended for more than one year will be regarded as good as closing up business. The registration certificate should be revoked; if the managerial personnel fails to turn it in to revoke it, it will be revoked directly by the central competent authority in a public announcement.

Article 38
Offenders of any of the following conditions shall be subjected to a fine of more than NT$100,000, but less than NT$500,000:
1. In violation of the provisions in Sub-article 12.1 herein by engaging in promoting and making use of the breeding flock or breeding stock that has not undergone any field test, creatures’ safety assessment and involves the transfer of genetic material without due permission.
2. In violation of the provisions in the first paragraph of Article 29 herein engaging in livestock slaughter operations or slaughter perations without livestock inspection in accordance with the second paragraph of the same article.
3. In violation of the provisions in the first paragraph of Article 32 by cutting, processing, transporting, storing or selling livestock carcasses or viscera that were not inspected or were condemned after inspection for human consumption or with the attempt to provide it for human consumption.
4. Intentionally misleading people into believing it has passed slaughter inspection by adding markings or labels on the carcass, viscera, or other packaging materials specified in the preceding subparagraph.
5. In violation of the regulation as prescribed in Article 37, those who produce or import dairy products falling short of the national standard.
Offenders of any of the following conditions shall be subjected to a fine of more than NT$20,000, but less than NT$100,000:
1. In violation of regulations in Paragraph 1, Article 29, which is to slaughter poultry outside of slaughterhouse premises or slaughter poultry, which have not undergone inspection pursuant to Paragraph 2 of the same article.
2. In violation of Paragraph 1, Article 32, which is to sell for human consumption poultry carcasses or viscera that were not inspected or were condemned after inspection or which were cut, processed, transported, stored, or sold for human consumption.
The penalty imposed on those who commits offence mentioned in Subparagraphs 1 to 3, and 5 of Paragraph 1, where severe harm is done to human health, is a prison term of not more than three years or a fine of not more than NT$300,000.
The penalty imposed on those who commits the offence mentioned in Paragraph 2, where there is severe harm done to human health or repeat offenders is a prison term of not more than one year or a fine of not more than NT$100,000.
The penalty shall be imposed on the acting party who commits the offence mentioned in Paragraphs 3 and 4 in the execution of business, while the corporation or individual who employs the said acting party shall also be subjected to a penalty stipulated in the preceding paragraph.
In the condition where what is described in Subparagraphs 2 and 3, Paragraph 1 or Paragraph 2, the central competent authority may confiscate the said carcasses and viscera without asking who owns them.

Article 39
Offenders of any of the following conditions shall be subjected to a fine of more than NT$30,000, but less than NT$150,000:
1. Failing to reach the raising scale specified by the central competent authority and livestock and poultry raisers who have not obtained farm registration permits in accordance with Article 6.
2. Registered farms which have not established livestock/poultry waste treatment facilities or outsourced waste treatment in accordance with Item 3, Article 5 or other major farming facilities failing to meet the standards specified in Item 3 or 4 of Article 5 herein.
3. Failing to comply with the provisions stipulated in the second paragraph of Article 8 herein by expanding farming scale without going through due process.
4. Failing to apply for resumption of business in accordance with Article 8-1.
5. Violate supply and demand measures specified by the central competent authority in Article 23.
6. Slaughterhouses found in violation of the provisions in Paragraph 2 Article 29 concerning regulations on tethering, missing, isolated slaughter, emergency slaughter, condemned carcasses, handling of viscera, veterinary instructions, cessation of slaughter inspection, and other work items.
7. Slaughterhouse found in violation of the Establishment Standards of Slaughterhouse or Requirements for Slaughterhouse Operations specified in Paragraph 2 or 3 of Article 30, especially those concerning environment, buildings, facilities, equipment, sample inspection, hygiene and sanitation procedures, slaughter operations, employee health and hygiene requirements, disposal of condemned carcasses and viscera, quality of water supply, or any other regulations provided in the documentation.
8. Violating against the provisions specified in the second paragraph of Article 32 herein by failing to dispose the condemned carcasses or viscera by incineration, rendering or other necessary measures as instructed by the Veterinary Meat Inspector or other authorized inspectors.
9. Failing to mark carcasses, viscera or their packaging container that have passed the meat inspection with relevant statements in accordance with the provisions specified in the fourth paragraph of Article 32.
10. Slaughter house, which has not applied for livestock and poultry breeding registration in accordance with Paragraph 2 of Article 43.
11. Slaughterhouse, which has expanded the scale of breeding operations in violation of Paragraph 2 Article 43 or has not disposed of dead livestock and poultry carcasses in accordance with the Disposal Plan for Dead Livestock and Poultry Carcasses.
In the event of the situation described in Subparagraphs 1 through 5, 10, or 11 of the preceding paragraph, the competent authority shall impose the fine as stipulated and order the offender to take corrective action. When the offender fails to comply accordingly, a separate fine will be imposed. In the event of the situation described in Subparagraphs 2, 3, or 11 of the preceding paragraph, offenders which have not improved after being fined three times will have their farm registration certificates or breeding registration certificates revoked and rendered null and void.
In the event of the situation described in Subparagraphs 6 through 9 of Paragraph 1, the central competent authority shall impose the fine as stipulated, and order the offender to take corrective action within a prescribed period of time. Where the offender fails to comply accordingly, a separate fine shall be imposed until corrective action has been taken or the slaughter operation of the offender will be suspended in part or in whole. Slaughterhouses that have been ordered for suspension but continue their slaughter operations shall have their registration certificates revoked and rendered null and void.
Those which violate provisions in the first half of Subparagraph 2 or the latter half of Subparagraph 11 of Paragraph 1, providing dead condemned carcasses for human consumption shall be fined more than NT$60,000 and less than NT$300,000. Repeat offenders will have their breeding certificates and farm registration certificates revoked and rendered null and void.

Article 41
Offenders of any of the following conditions shall be subjected to a fine of more than 10,000, but less than NT$50,000.
1. The farm failing to file with the authority for change of registration as required in the first paragraph of Article 8, Sub-article 8.1 herein in the event of suspension or closure of business, or change of registration status.
2. Violating regulations in Paragraph 2 Article 43 regarding changes in registration or application for suspension of business.
3. Evading, interfering, or objecting without due causes, or making false representation in the inspection of the competent authority authorized by the provisions specified in the first paragraph of Article 10, Article 16, the first paragraph of Article 17, or the first paragraph of Article 31 or the first paragraph and the second paragraph of Article 34 herein.
4.The farm or veterinarian in violation of the provisions specified in Article 9 herein.
5. Violating the provisions specified in Article 13 or 14 herein.
6. Violating the facilities requirements specified in Article 15 herein.
7. Failing to accept the assessment of the competent authority in accordance with the provisions in Article 21 herein.
8. Failing to pay fees in accordance with the provisions in Article 28.
9. Not paying the market regulatory fees in accordance with Paragraph 1 of Article 28-1 or violating the payment deadline designated by Paragraph 2.