Title¡G Statute for
Prevention and Control of Infectious Animal Diseases
Amended Date¡G 2019-12-13
Category¡G Ministry of Agriculture¡]¹A·~³¡¡^
Chapter 1 General Principles
Article 1
This Statute is established to prevent the occurrence, contagion and
spread of infectious animal disease. Other pertinent laws are
applicable for issues not specified within this set of Statute.
Article 2
Hereupon, the Council of Agriculture, Executive Yuan is referred to
as the central competent authority; municipal government is referred
to as the municipal competent authority; and county (city)
government is referred to as the county (city) competent authority.
The animal health inspection authority as mentioned hereupon 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.
When issues of authority concern the public health, the authorities
concerned shall take action in collaboration with the public health
authorities.
Article 3
Hereupon, ¡§prevention and control¡¨ will shall include matters
relating to prevention, inspection, and quarantine, etc.
Article 4
The animals mentioned hereupon refer to bovines, water buffaloes ,
horses, mules, donkeys, camels, sheep, goats, rabbits, pigs, dogs,
cats, fowls, turkeys, ducks, geese, eels, prawns, tilapia, milkfish,
salmons, trout, and other animals as specified by the central
competent authority.
Article 5
The entities subject to quarantine as mentioned hereupon refer to
animals specified in Article 4 and other animals of similar breeds,
or animals that can be susceptible to animal infectious diseases, as
well as carcasses, bones, flesh, 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 declare
them as items to be quarantined (hereinafter referred to as
¡§quarantine objects¡¨)
Article 6
With regards to infectious animal diseases as mentioned in this set
of statute, the central competent authority officially divided them
into Types A, B and C.
To prevent the occurrences, contagion and spread of infectious
animal diseases, the municipal and county (city) competent authority
can order an infectious animal diseases,the municipal and county
(city) competent authority can order aninfectious animal disease
other than those mentioned above and applypart or all of the statute
cited here.
Article 7
Hereupon, ¡§suffering from infectious animal diseases ¡¨refers to
animals which have been diagnosed to be infected with infectious
animal diseases after they have signs of sickness.
On the other hand, ¡§suspected of suffering from infectious animal
diseases¡¨ would refer to animals which have signs of sickness, and
are thought to be possibly suffering from infectious animal
diseases, before they are actually diagnosed.
Also, ¡§possibly contacted with infectious animal diseases¡¨ would
refer to animals which have directly or indirectly contacted with
animals suffering or suspected of suffering from infectious animal
diseases, and have no signs of sickness but possibly have contacted
with the infectious animal diseases according to scientific
conclusions based on epidemiological data.
Article 8
The respective authorities concernedat different government levels
shall be staffed with animal healthinspection personnel who are
qualified veterinarians.
Governments ofmunicipal cities and counties (cities) shall establish
animal healthinspection authorities; the central competent authority
shall establishan animal health inspection and quarantine agency;
when necessary, acentral veterinary research institute should be
established.
Quarantine units for import/export animals shall be staffed with
animal quarantine personnel who are qualified veterinarians.
In case ofemergency prevention and control of infectious animal
diseases, therespective authorities concerned at different
governmental levelsshould send animal quarantine personnel or animal
health inspectionpersonnel within their direct jurisdiction for the
implementation ofemergency prevention and control.
Article 9
For the necessity of inspection,animal health inspection personnel
shall enter places for raisinganimals, warehouses and related
places, vehicles, vessels and aircraftto check animals, animal
products or their packaging containers andrelated objects.
Investigation of relevant data and personsinvolved shall be carried
out, and all persons or related personsmust not evade, interfere or
refuse.
For the necessity ofquarantine, animal quarantine personnel shall
conduct inspection of anyunloaded animals, animal products and their
packing, containers,cargoes, postal parcels, luggage, vehicles,
vessels, aircrafts anddeposit sites or the dispatch entrepots, which
are potentiallyintroducing animal diseases or pathogens. The owners
or related personsmust not evade, interfere or refuse.
All persons or relatedpersons evading, interfering or refusing the
investigation inparagraphs 1 and 2 of this Article, the inspection
and quarantinepersonnel may be forced to execute the actions above.
Article 10
When animal health inspection and quarantine personnel 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 informing 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 should intentionally spread rumors or false information
about infectious animal diseases.
Article 11
(Deleted)
Chapter 2 Prevention
Article 12
Theowners and keepers of animals shall report to the animal
healthinspection authorities when their animals are suffering, or
suspectedof suffering from infectious animal diseases; or when their
animals dieof unknown causes. If this happens in the course of
transportation, theperson in charge of the transportation shall
report to the animalhealth inspection authority of the original
stop. Upon receiving thereport, the particular animal health
inspection authorities shall sendtheir animal health inspection
personnel to check the carcasses and give instructions on burning,
burying or disinfecting the carcasses,and other imperative
treatment. When requested by the owners or keepersof animals
concerned, a certificate of disposal shall be provided.
The above Paragraph does not apply if the animals are raised by
households as a subsidiary means of income and the total number of
deadanimals is less than 10.The animals mentioned above may
includechickens, turkeys, ducks , geese, and wild animals of similar
breeds.When they die of sicknesses, the owners must dispose of the
carcassesby themselves. However, in case of an epidemic, the
municipal or county (city) competent authority concerned of shall
specify the nameof the infectious animal disease and the animal
species , and be alertto announce the approaches to take. The county
(city) competentauthority shall also report the matter to the
central competentauthority.
When the owners dispose of the carcasses by themselvesaccording to
the above Paragraph, the ways must be burning, buryingor
disinfection. Selling and 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,
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 infectious animal diseases specified and declared by the
central competent authority, specimen testing and reporting as well
as disease confirmation should follow the protocol below:
1.Testing and reporting: After sampling is conducted by the animal
health inspection authority or the central competent authority, it
should be submitted to the central competent authority or
institution, school or research institution (hereinafter referred to
as ¡§testing institution¡¨) with accredited proficiency testing. The
reports of testing should be submitted to competent authorities of
the municipality, county or city and the central competent
authority.
2.Confirmation: The above reports of testing should be verified by
the central competent authority or its designated or authorized
testing institutions. Once the result of testing regarding the
abovementioned infectious animal disease is confirmed, the central
competent authority should make a public announcement.
Qualifications for the commission of tests and testing institutions
mentioned in the preceding paragraph, application procedures and
validity, rescission and revocation, sampling, supervision, audit
and other protocols shall be stipulated by the central competent
authority.
Article 13
To prevent and control the occurrence of the infectious animal
diseases, authorities concerned of municipal cities and counties
(cities) shall order animal health inspection personnel 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 should be
attached. If necessary, authorities concerned of municipal cities
and counties (cities) shall commission veterinary practice licensees
to implement those measures. Animal owners and keepers shall not
intentionally damage and counterfeit the marks, labels or
certificates as mentioned above.
Depending on types of infectious animal diseases, authorities
concerned of municipal cities and counties (cities) shall order
animal owners and keepers to employ veterinary practice licensees to
implement the measures mentioned in the above Paragraph or to
implement under the guidance of veterinary practice licensees.
As animal owners or keepers unwilling and can not implement the
measures provided under the above Paragraph, the municipal or county
(city) competent authority should collect payment for labor cost for
animal health inspection personnel or veterinary practice licensees
to implement those measures. The standard of payments shall be
prescribed by the municipal or county (city) competent authority.
In order to implement the measures provided under Paragraph 1 and
Paragraph 3, animal owners or keepers shall follow the instruction
of animal health inspection personnel or commissioned veterinary
practice licensees in controlling the movement of animals and
provide other necessary assistance without avoidance, refusal and
interference thereof.
Ten days before implementing the measures provided under Paragraph 1
and Paragraph 2, the municipal or county (city) competent authority
shall announce the aims of implementation, dates, areas, methods,
animal species, and other relevant objects. However, in case of an
emergency, the period of announcement should be shortened or
implementation be administered freely.
Article 13-1
To eradicate specific infectious animal diseases, the central
competent authority should announce the types of vaccine, time of
administration, attached label, relevant documents, movement
restraint and other control measures. Animal owners or keepers,
veterinarians, veterinary aides and veterinary drug dealers shall
obey and execute regulations as listed above.
Regulations governing the administration, labeling, application,
control, terms and other relevant objects of vaccination provided
under previous Paragraph of this Article shall be prescribed by the
central competent authority based on the animal species and
infectious animal diseases.
Article 14
To prevent and treat the occurrences of infectious animal diseases,
the municipal or county (city) competent authority shall specify
areas when necessary, and order animal owners and keepers to
sterilize rearing area and facilities, improve the rear environment,
animal isolation, and eliminate the media for spread of diseases.
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 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 15
For animals suffering or suspected of suffering from the infectious
or unknown diseases, the municipal or county (city) competent
authority should order animal owners or keepers to offer animals for
necropsy by animal health inspection personnel.Carcasses following
necropsy, shall be returned to the owners and keepers, and burned or
buried under the supervision of the animal health inspection
personnel.
Article 16
Places (rendering plants) where rendering of poultry and livestock
remains (raw materials) is performed should comply with the
following provisions:
1.Disinfection facilities and equipment should be set in rendering
plants for implementing sterilization procedures.
2.The hygiene and safety in the rendering plant should be supervised
by certified veterinarians (or veterinary paraprofessional)
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 should
use vehicles in compliance with provisions of Paragraph 2. To
transport raw materials. A written contract with commissioned
transport operators is required for authorizing the transportation
of raw materials.
5.The sources and amount of raw materials should be recorded and
kept at least two years.
6.Rendering plants are subject to audit by the competent authority
and should report relevant matters.
When loading or unloading raw materials, transport vehicles should
comply with the following provisions:
1.Vehicles used for transporting raw materials should have
disinfection equipment and closed systems to prevent leakage, and
should be maintained properly to keep them functioning normally.
2.Upon application by rendering plants or transportation companies,
their vehicles should be certified by the municipal or county (city)
animal health inspection authority and should bear the said
certificate.
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 above should be strictly followed and stipulated by the
central competent authority.
Chapter 3 Epidemic Control
Article 17
In the line of duty, upon finding an animal suffering from,
suspected of suffering from, or possibly having contracted a Type A
infectious animal disease defined in Paragraph 1 of Article 6, or an
infectious animal disease of Type B or C with the major zoonotic
characteristic, a veterinarian or a veterinarian's aid 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 in the previous 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 quickly to
their higher authorities concerned. The neighboring authorities and
authorities of municipal cities or counties (cities) take charged of
gathering and scattering of animals shall be informed.
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 20
Regarding animals suffering from, suspected of suffering from or
possibly having contracted infectious animal diseases and facilities
or premises that are, or may be, contaminated with pathogens of
infectious animal diseases, animal health inspection personnel, upon
approval by the competent authority, shall dispose of them as
follows:
1.Regarding animals suffering from, suspected of suffering from or
possibly having contracted Type A infectious animal diseases defined
in Paragraph 1 of Article 6, the owner or keeper shall follow the
instruction of animal health inspection personnel to immediately
cull the animals and have the carcasses burned, buried, or rendered.
2.Regarding animals suffering from Type B infectious animal diseases
defined in Paragraph 1 of Article 6, if deemed necessary by animal
health inspection personnel, the owner or keeper shall follow the
instruction of animal health inspection personnel to immediately
cull the animals and have the carcasses burned, 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 personnel to promptly have them burned,
buried, disinfected or take other necessary measures.
Culling 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 afflicted with Type 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
personnel, animals within the affected premises can be disposed of
in accordance with Item I 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 municipal or county (city) competent authority believes in
the necessity of an emergency, the animal health inspection
personnel under their jurisdiction must follow their orders to
manage the situation according to the previous Article described
previously before reporting and alerting.
Article 22
In order to control and prevent the spread of infectious animal
diseases, the municipal or county (city) competent authority should
order animal health inspection personnel, 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 Paragraph 1 and 2 of Article 13. Animal
owners and keepers shall follow the instruction of animal health
inspection personnel or veterinary practice licensees to control the
movement of animals and provide other necessary assistance without
avoidance, refusal and interference.
Article 23
The carcasses of animals that died of Type A or Type B infectious
animal diseases, as specified in Paragraph 1 of Article 6, shall be
quickly burned, buried, rendered, or disposed by other necessary
means, according to the instruction of animal health inspection
personnel. However, upon approval by authorities concerned, animals
may be used to establish the etiology of the infectious animal
diseases or for academic research.
Article 24
For carcasses or objects buried according to Article 20 and its
various Parts, their burial grounds and labels shall not be dug out
or destroyed within a certain period of time.
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 should sterilize the carcasses, place and
facilities or take other measures as deemed necessary.
Article 26
Before slaughtering animals that are suffering or suspected of
suffering from infectious animal diseases, the owners and keepers of
animals shall report to animal health inspection personnel 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 previous Paragraph, animal health inspection
personnel should implement themselves or order a third party to do
so. Fees shall be collected for implementing the necessary measures.
Article 27
When the municipal or county (city) competent authority deem it
necessary to establish the etiology of sickness of animals or their
carcasses which are suspected of being contaminated with infectious
animal diseases, necropsy by animal health inspection personnel
should be ordered for.
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 29
When the municipal or county (city) competent authority deem it
necessary for disease control, business should be halted in 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,
etc. In addition, animal competitions, horse racing competitions,
and other activities which involve the gathering of animals shall be
halted.
Article 30
When the central competent authority deems it necessary, animal
health inspection personnel under their jurisdiction should be sent
to host joined infectious animal disease prevention and control
activities among counties (cities) or among counties (cities) and
municipal cities. Or assistance should be extended to authorities
concerned of municipal cities and counties (cities) to manage
matters of prevention and control of infectious animal diseases.
Article 31
Upon the eradication of infectious animal diseases, the municipal or
county (city) competent authority shall remove the announcement of
restrictive measures and report to the central competent authority
accordingly, as well as inform the authorities concerned of the
neighboring regions.
Chapter 4 Importation/Exportation and Quarantine
Article 32
The import, transit or transshipment of quarantine objects should be
performed at the port or station specified by the import/ export
animal quarantine authority.
The abovementioned quarantine objects as well as those provided in
Paragraph 5 of Article 33 should be quarantined by import/ export
animal quarantine authorities or authorized organizations
(institutions) or groups. In addition, inspection should be carried
out at ports, stations, animal quarantine premises, and other places
and areas specified by import/ export animal quarantine authorities.
For quarantine objects in places of origin before they are exported,
the animal health inspection authorities, owners or administrators
of exported objects requiring quarantine should cooperate with
import/ export animal quarantine authorities to conduct inspection.
The central competent authority should stipulate quarantine
procedures, export registration or cancellation, sanitary
management, sampling and analysis examination, reporting of
diseases, audits, animal health certificate issuance or
cancellation, and other related matters.
Import/ export animal quarantine authorities should notify animal
health inspection authorities to conduct a post-entry follow-up
quarantine of imported objects. The central competent authority
should stipulate inspection in order to improve management,
notification, reporting of diseases, period of post-entry quarantine
and other related matters.
Article 32-1
If parts of quarantine objects after quarantine are deemed
unqualified by the import/ export animal quarantine authorities, the
whole batch should 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 repeating.
Article 33
To ensure the health of animals and humans, the central competent
authority should announce the oversea disease status of infectious
animal diseases and take the necessary measures to assess objects
subject to quarantine:
1.Prohibition of import, transit or transshipment.
2.Before importing an object that requires quarantine inspection,
the importers or their agents should apply for the issuance of
quarantine permit and apply for the quarantine inspection upon
importation.
3.Submit the animal quarantine certificate or other documents
according to requirements for implementing quarantine inspection.
4.Post-entry quarantine.
For quarantine objects that the quarantine requirements are not
stipulated by the central competent authority, the importer shall
apply for the issuance of individual quarantine requirement from the
central competent authority before importation, and apply for
quarantine inspection with the import/ export animal quarantine
authorities accordingly.
Regulations regarding 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 should be
stipulated 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 subject to quarantine inspection 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 quarantine.
If there is indeed risk of transmission of infectious animal
diseases, the importation, transit, transshipment or other necessary
measures of said objects may be implemented.
Article 34
Importers or their agents of quarantine objects should apply for
quarantine prior to the arrival of such objects at ports or stations
according to the provisions of Article 32-1 and submit the animal
quarantine certificate or other document granted by the inspection
authorities of exporting countries in accordance with Paragraph 3 of
the previous article.However, the animal quarantine certificate
agreed upon by both the Taiwan Area and the exporting country may be
issued in electronic format.
Passengers or personnel traveling on the vehicle, vessel or aircraft
that carries quarantine objects shall, in accordance with the
provision specified in the previous paragraph, apply for animal
quarantine upon arrival.
Quarantine objects must not be sent by post; otherwise, they will be
returned, forfeited or destroyed. If an individual receives imported
objects that are subject to quarantine by post, he/she should send
them to animal quarantine authorities for disposal.
The status quo should be maintained for quarantine objects before
the quarantine process is completed. The packaging of quarantine
objects should not be opened or moved or handled in a way that may
spread infectious animal diseases, and should not be handled without
the permission of animal quarantine authorities.
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
personnel to convey 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 personnel, cannot enter the animal
quarantine premises or designated place without 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 personnel.
Animals found to be suffering or suspected of suffering from
infectious animal diseases, upon quarantine, should be treated by
the import/export animal quarantine personnel as deemed necessary,
including immediate disposal.An animal disposal certification
described above should be issued to the importers/exporters or their
agents.
Article 34-2
Under any of the following circumstances which cover imported
quarantine objects, such objects shall be treated accordingly by
import/export animal quarantine authorities:
1.Failure to submit the animal quarantine certificate or other
documents in accordance with the regulation authorized by Paragraph
3 of Article 33.
2.The contents set forth in the animal quarantine certificate or
other documents mentioned in the preceding paragraph do not comply
with the regulation authorized by Paragraph 3 of Article 33.
3.Other situations that do not comply with the regulation authorized
by of Paragraph 3 of Article 33.
The necessary disposal in the preceding paragraph is as follows:
1.Secure measures for animal quarantine are adopted according to
international rules.
2.Prolonged animal quarantine period, diagnostic test or booster
vaccination or treatment for infectious animal diseases.
3.Importers or their agents of quarantine objects should be advised
to submit amended documents before the deadline. Quarantine objects
should be rejected or culled if importers or their agents fail to
submit amended documents before the deadline.
4.Quarantine objects subject to shall be rejected or culled.
Article 34-3
Quarantine objects which are in transit or for transshipment, shall
be applied for quarantine by their caretakers, or agents or
administrators.
The quarantine procedures or attached relevant documents of the
quarantine objects, excluding those that enter into the free trade
zones for importation, should be simplified. The central competent
authority should set provisions with the competent authority of free
trade zones.
Article 35
When necessary, animal quarantine personnel should inspect incoming
vehicles, vessels, or aircraft, before quarantine objects of import/
export, transit, and transshipment are unloaded when. Once
quarantine objects are found to be suffering or suspected of
suffering, or possibly infected or contaminated with infectious
animal diseases, the animal quarantine personnel shall take
precautionary measures as deemed necessary. Personnel, including
owners of vehicles, captains, first pilots, administrators or their
agents shall not avoid, interfere or refuse such inspections.
When animals died or are suspected of dying from infectious animal
diseases in the course of transportation, personnel including owners
of vehicles, captains, first pilots, administrators or their agents,
in charge of transportation shall report to animal quarantine
personnel and follow their instructions prior to arrival at ports or
stations and unloading.
After taking measures in accordance with Article 25, the owners,
keepers, or captains shall record the details in the log book in
preparation for animal quarantine personnel¡¦s inquiries.
If importers or their agents fail to apply for quarantine inspection
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 the exported objects subject to quarantine are classified under
one of the following circumstances, and the exporters or their
agents apply for quarantine only after such objects have been
inspected by import/ export animal quarantine authorities and the
expert quarantine certificate has been issued, then exportation may
proceed:
1.According to Paragraph 2 of Article 5, the application for
exported objects subject to quarantine and inspection by
import/export animal quarantine authorities should 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 should 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 the certificate described in Paragraph 1 has been agreed between
the Republic of China and the importing country, it may be issued in
electronic format.
Article 37
(Deleted)
Article 38
In 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 of vehicles, vessels or aircrafts from
abroad should not leave such vehicles, vessels or aircrafts; those
which leave should be transported and destroyed in a manner approved
by the import/export animal quarantine authority.
Article 38-2
The importers, owners, administrators or their agents shall bear the
cost of necessary measures indicated in Paragraph 5 of Articles 33,
Paragraph 4 of 34-1, Paragraph 2 of 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 should adopt the following measures
based on the announcement of the import/export animal quarantine
authorities:
1.The requirement of adding necessary warnings for the awareness
campaign of animal health inspection or quarantine.
2.The requirement of keeping the personal information of the
publisher, seller or purchaser, or providing it to the import/
export animal quarantine authorities regularly.
3.The requirement of prohibiting the accessing and browsing of
related webpages or removal 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 of vehicle/ vessel/ aircraft and
other related matters of compliance should be stipulated by the
central competent authority.
Chapter 5 Compensations for Losses & Penalties
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 ¡V 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 41
Offenders in violation Subparagraph 1, Paragraph 1 of Article 33, by
importing in prohibited quarantine objects, shall be sentenced to
imprisonment for not more than 7 years; in addition thereto, a fine
of not more than NT$ 3,000,000 may be imposed.
Regardless of the ownership of aforementioned objects are, they
shall be confiscated by the import/ export animal quarantine
authorities before the Court of first instance is announced.
For representatives of juridical persons, agents of juridical
persons or ordinary persons, employed persons or other professionals
who enforce their duty and have violated the provision of the
Paragraph 1, penalties shall be imposed on the persons who actually
failed to follow the said provision as well as the juridical persons
or ordinary persons involved. However, if the representatives of
juridical persons or ordinary persons have tried to prevent crimes
from happening, the juridical persons or ordinary persons shall not
be penalized.
Article 41-1
Owners of the means of transport who violate the provision of the
Paragraph 1 of the previous Article, intentionally or damage result
from gross negligence cause a third-party to violate the same
provision by using the said owner of the means of transport thereby
causing or suspected to cause the spread of specific animal
diseases, such means of transport shall be confiscated.
The above provision applies to persons who, despite knowing that the
said means of transport had committed violation of the previous
Article, still acquired ownership thereof.
The central competent authority shall announce the specified period
and specific animal diseases referred to in the first Paragraph.
Confiscations mentioned in the first Paragraph shall be conducted by
authorities in charge of search and seizure.
Article 42
A fine of NT$50,000 to NT$1,000,000 shall be imposed for any of the
following violations, which should be notified to make improvements
within a specified time period. Those that still fail to complete
improvements by the deadline shall be subject to an additional fine
imposed for each violation.
1.When 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 personnel.
3.Violation of Paragraph3 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 owners of vehicles, captains, first pilots, administrators or
their agents in charge of transportation, violate the provisions of
Paragraph 2 of Article 35 by failing to report to the animal
quarantine personnel or to implement necessary measures according to
instructions before unloading.
In violations stated in the previous paragraph of this Article that
results in the spread or transmission of animal diseases, offenders
shall be sentenced to not more than three years imprisonment or
detention; in addition thereto, a fine of not more than NT$1,000,000
may be imposed.
For representatives of juridical persons, agents of juridical
persons or ordinary persons, employed persons or other
professionals, who enforce their duty and violate the provision
specified in the previous Paragraph, there shall be penalties
imposed on the persons who have actually violated the provision as
well as the juridical persons or ordinary persons involved. However,
if the representatives of judicial persons or ordinary persons
fulfilled their obligation to prevent a crime from happening, the
judicial persons or ordinary persons shall not be penalized.
Article 43
A fine of NT$50,000 to NT$1,000,000 shall be imposed for any of the
following violations, which should be notified to make improvements
within a specified time period.
Those that still fail to complete improvements by the deadline shall
be subject to an additional fine imposed for each violation.
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,
administrators or transport operators fail to report to the animal
health inspection authority or complete the necessary measures
according to instructions of animal health inspection personnel.
3.Violation of Paragraph 2 of Article 12-1. Persons who hold and use
infectious biological materials evade, interfere or refuse
counseling or inspection of competent authorities at all levels.
4.Violation of Paragraph 1 of Article 13-1. A veterinarian or
veterinarian paraprofessional 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 17-1. A veterinarian or
veterinarian paraprofessional fail to report to the local animal
health inspection authority.
6.Violation of Paragraph 1 or Paragraph 2, 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
personnel.
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 personnel or report to animal health
inspection personnel.
8.Violation of Paragraph 1, Article 28. Owners or keepers fail to
implement measures announced by competent authorities at all levels.
9.Violation of Paragraph 3, Article 32. Owners or keepers of export
objects subject to quarantine fail to follow protocols regarding
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, Article 34-1. Importers or their agents
of quarantine objects, fail to apply for quarantine.
Article 44
A fine of NT$ 20,000 to NT$100,000 should be imposed for any of the
following violations, which should be notified to make improvements
within a specified time period. Those that still fail to complete
improvements by the deadline shall be subject to an additional fine
imposed for each violation.
1.Proprietors of rendering plants that violate any provision
regarding Subparagraph 2 to 6 of Paragraph 1 of Article 16.
2.Proprietors of rendering plants or transport operators of raw
material who violate Subparagraph 1 or Subparagraph 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, Article 16. The
methods for the installation, items, disinfection methods and
procedures should 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 provision of
Paragraph 3 of Article 35, and do not record details in the log book
according to the provisions of Article 25.
5.Exporters or their agents of quarantine objects who violate the
provision 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 authority.
Article 45
A fine of NT$30,000 to NT$150,000 shall be imposed for any of the
following violations, which should be notified to make improvements
within a specified time period. Those that still fail to complete
improvements by the deadline shall be subject to an additional fine
imposed for each violation.
1.Owners or relevant entities evade, interfere, or refuse the animal
health inspection personnel, or inspection, assessment or inquiry
implemented by the animal quarantine personnel, pursuant to
Paragraph 1 or Paragraph 2 of Article 9.
2.Violation of Paragraph 1, Paragraph 2 or Paragraph 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
reject preventive and control measures set by the animal health
inspection personnel 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 in designated
areas, as required by the municipal 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 municipal or county (city)
authority with regard to providing autopsy or follow the instruction
of animal health inspection personnel to burn and bury animal
carcasses.
8.Violation of Paragraph 1 or Paragraph 3 of Article 20 applied to
Subparagraph 1, Paragraph 1 of Article 20. Owners or keepers of
animals fail to follow the instruction of animal health inspection
personnel to cull, burn, bury, disinfect, render or implement other
necessary measures in handling animals according to Item 1,
Paragraph 1.
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
rejecting instructions.
10.Violation of Article 24. Exhuming remains from burial sites or
defacing warning signs without permission.
11.Violation of the directive of the municipal, county (city)
competent authority in accordance with Article 29.
12.Violation of Subparagraph 2 of 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 authority 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 at animal
quarantine premises or other designated places in advance before
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. Owners of vehicles,
captains, first pilots, administrators or their agents in charge of
transportation, evade, interfere or refuse the necessary measures
taken by animal quarantine personnel.
18.Violation of provisions of Paragraph 3 of Article 38. Failure of
implementing measures announced by the import/export animal
quarantine authorities.
Article 45-1
Passengers or staff members related to vehicles, vessels, or
aircrafts who do not apply for quarantine inspections in accordance
with Paragraph 2 of Article 34 shall be fined an amount ranging from
NT$10,000 to NT$1,000,000.
Article 46
The fines stated in the Statute shall be implemented by the
municipal or county (cities) competent authority, or import/export
animal quarantine authorities.
Chapter 6 Annex
Article 47
The enforcement rules of this Statutes shall be prescribed by the
central competent authority.
Article 48
This Statute should come into effect on the date of promulgation. |