Laws Information

法規資訊
Title: Animal Protection Act
Am Date: 2018-06-13
Legislative History: Articles 3, 6-1, 26, 29, and 31 amended by the Legislative Yuan and promulgated by the President on June 13, 2018 by the order of Hua-Tsung-1-Yi-Tze-No. 10700063001.

Transaction

Amended

Article 3
Definition of terms used in this Act:
1. Animal: a vertebrate, such as a dog or a cat, reared and tended by human as a pet, an economic animal or a laboratory animal.
2. Economic animal: an animal reared and tended for the production of fur, meat, milk, or for other economic purposes such as labor.
3. Laboratory animal: an animal reared and tended for scientific applications.
4. Scientific application: a usage for the purpose of teaching, experiment; making biological products, trial agents, drugs, poison; or facilitating organ transplant.
5. Pet: an animal, such as a dog or a cat, reared and tended for pleasure or companionship.
6. Pet food: feed or substance to provide a balanced diet of nutrients to animals declared as pets by the central competent authority.
7. Owner: the person having possession of, or actually tending, an animal.
8. Pet breeding facility: a place to cultivate, refine or reproduce pets for commercial purposes.
9. Pet food vendor: a person/business engaged in the manufacturing, processing, packaging, wholesale or retail, or import/export of pet food.
10. Abuse: using violence, improper drug or other means -- beyond what is necessary to rear, tend or dispose of an animal -- to harm an animal or cause it unable to perform physical functions properly.
11. Transporter: someone whose job is to transport animals.
12. Slaughterer: someone whose job is to slaughter economic animals at an abattoir.
13. Performing: using animals for display, performance or interaction with people in a public place or venue with public access.

Article 6-1
One must not stage any animal performance, unless the local competent authority has granted a permit upon application, or the animal performance is of a permit-exempt type, condition, format or venue declared by the central competent authority.
For the permit in Clause 6-1.1, eligible applicants are social education organizations, leisure farms, tourist entertainment companies, or entities specified by the competent authority; the local competent authority shall reject the application in Clause 6-1.1 if the applicant or any of its employees has been convicted of an offense in Article 25 or Clause 25-1.1.
Upon notice by the local competent authority, the applicant in Clause 6-1.1 shall pay a monetary deposit, purchase liability insurance, or put up a surety bond which shall be forfeited to the local competent authority for proper care -- rearing, tending, placement or other means -- of performing animals in case the applicant fails to care for them properly.
The entity staging the animal performance shall provide proper facility, dedicated full-time staff, and report performing-animals’ relevant information to the competent authority for assessments. The competent authority shall order the entity failing the assessment to take corrective actions before a specific deadline; the authority may revoke the permit if the entity fails to meet the deadline.
Application rules of animal performance permit in Clause 6-1.1 (conditions, procedure, documents to submit, review criteria and permit period), qualification of the applicant and relevant staff in Clause 6-1.2, monetary deposit, liability insurance or surety bond in Clause 6-1.3 (payment method, amount, and disbursement), as well as caring for animals in Clause 6-1.4 (dedicated staff, animal facility, information to report, rearing and tending, assessment, permit revocation) and other requirements are to be stipulated by the central competent authority.
Animal performances already in progress by May 22, 2018 – amendment date of relevant clauses in this Act – shall be exempted from Clause 6-1.1, and may continue until the first anniversary of the effective date of the amendment.

Article 26
A fine over NT$50,000 and under NT$250,000 will be imposed in any of the following situations:
1. Violation of Clause 6-1.1, namely staging an animal performance.
2. Violation of Article 8, namely owning, exporting or importing a breed of animals whose ownership, exportation and importation have been banned by the central competent authority.
The local competent authority may, regardless of ownership, confiscate the animal involved in Clause 26.1.1.

Article 29
A fine of over NT$30,000 and under NT$150,000 will be imposed for any of the following situations:
1. Violation of Clause 5.3, namely animal abandonment.
2. Noncompliance of rules stipulated under Clause 6-1.5, namely those about monetary deposit, liability insurance or surety bond, dedicated full-time staff, animal facility, information reporting, and animal rearing/tending.
3. Noncompliance of Article 24, namely failure to take corrective actions or properly dispose of animals before a deadline upon violating Clause 15.1, Article 17 or Article 18.
4. Noncompliance of Article 16-1, namely failure to form a panel for proper care and use of laboratory animals.
5. Violation of Clause 20.2, namely allowing an aggressive pet to roam about in a public venue or a place with public access without adult supervision or proper precaution.
6. Violation of Clause 23.3, namely the action to evade, obstruct, or refuse enforcement by animal protection inspectors.
7. The action to manufacture, process, repackage, wholesale, retail, import, export, give away for free, or display for sale a pet food described in Clause 22-4.1.3 and Clause 22-4.1.4.
8. Failure to take corrective actions before a specific deadline for noncompliance of Clause 22-5.1 about labeling.
9. Noncompliance of Clause 22-5.2, namely making false, exaggerated, or misleading statements in labeling, promotion material or advertisement.
10. Nonconformance of Clause 22-5.3, namely the action to manufacture, sell, import, export or use containers or packages described therein for pet food.
11. Noncompliance of Clause 23-1.4, namely the action to evade, obstruct, or refuse inspection or sampling test by inspectors.
The local competent authority may, regardless of ownership, confiscate the animal involved in Clause 29.1.2 or 29.1.3.

Article 31
A fine of over NT$3000 and under NT$15,000 will be imposed -- the offender may be required to take corrective actions before a specific deadline, and the fine may be imposed each time the deadline is extended but missed – in any of the following situations:
1. A veterinarian (or a vet’s aid) administering drugs other than those in the declared categories, on economic animals in violation of Clause 4.2; or any person failing to abide by the rules stipulated under Clause 4.3.
2. Noncompliance of Clause 9.2 by a transporter, namely operating animal transport business without completing a pre-job training to get a certificate.
3. Noncompliance of Clause 9.3 by a transporter, namely failure to get once-every-two-year on-job training offered by the competent authority or a delegated entity.
4. Violation by a transporter of guidelines for animal transport vehicles and processes stipulated by the central competent authority according to Clause 9.3.
5. Violation of Clause 11.2 namely conducting medical treatment or surgery for purposes other than animal health or management.
6. Violation of Clause 13.1.2, namely killing animals without a qualified veterinarian, or in a non-emergency situation.
7. Violation of Clause 13.1.3 namely animals killed by someone other than a qualified veterinarian, or without the supervision of a veterinarian.
8. The owner failing to meet registration deadlines – about birth, acquisition, transfer, missing or death of a pet – stipulated under Clause 19.3 by the central competent authority.
9. The owner violating Clause 20.1, namely allowing a pet to be in a public place or venue with public access without a human companion over seven years of age.
10. Failure to take corrective actions before a specific deadline regarding noncompliant of Clause 22-3.1 in filing for the record, or noncompliance of requirements stipulated according to Clause 22-3.2 for the content, format, deadline, procedure and other aspects of the filing.
A jail term under one year will be imposed for a deliberate repeat offense of any clause from 31.1.4 to 31.1.7 within two years from the date a previous penalty notice is served on an offense of any clause in the same group.