Title¡G Animal Protection
Act
Amended Date¡G 2021-05-19
Category¡G Ministry of Agriculture¡]¹A·~³¡¡^
Chapter I General Provisions
Article 1
1.1 This Act is hereby enacted out of respect for animal life so as
to protect animals and improve animal welfare.
1.2 This Act governs activities to protect animals. However, other
laws may prevail if they contain specific applicable stipulations.
Article 2
2.1 The term ¡§competent authority¡¨ in this Act refers to one of the
following: the Council of Agriculture of the central government, the
municipal government of a special municipality, or a city/county
government.
2.2 A municipal, city/county government (hereinafter ¡§local
government¡¨) shall set up an animal protection agency dedicated to
the enforcement of this Act.
Article 3
3.1 Definition of terms used in this Act:
3.1.1 Animal: a dog, a cat or any vertebrate reared or tended by
humans for its economic value, for laboratory use, as a pet or for
other purposes.
3.1.2 Economic animal: an animal reared and tended for the
production of fur, meat, milk, or for other economic purposes such
as labor.
3.1.3 Laboratory animal: an animal reared and tended for scientific
applications.
3.1.4 Scientific application: a usage for the purpose of teaching,
experiment; making biological products, trial agents, drugs, poison;
or facilitating organ transplant.
3.1.5 Pet: an animal, such as a dog or a cat, reared and tended for
pleasure or companionship.
3.1.6 Pet food: feed or substance to provide a balanced diet of
nutrients to animals declared as pets by the central competent
authority.
3.1.7 Owner: the person having possession of, or actually tending,
an animal.
3.1.8 Pet breeding facility: a place to cultivate, refine or
reproduce pets for commercial purposes.
3.1.9 Pet food vendor: a person/business engaged in the
manufacturing, processing, packaging, wholesale or retail, or
import/export of pet food.
3.1.10 Abuse: harming an animal or making it unable to function
properly with violence, drug diversion, physical objects, acts of
omission, or other means, beyond what is necessary to rear, tend or
dispose of an animal.
3.1.11 Transporter: someone whose job is to transport animals.
3.1.12 Slaughterer: someone whose job is to slaughter economic
animals at an abattoir.
3.1.13 Performing: using animals for display, performance or
interaction with people in a public place or venue with public
access.
Chapter II General protection of animals
Article 4
4.1 The central competent authority shall form a panel ¡V consisting
of experts, scholars, officials from relevant agencies and
representatives from legitimate animal welfare civic groups ¡V to
develop animal protection policies and education curriculum, as well
as indicators and white paper for animal welfare, to be subject to a
quarterly performance review. The number of experts, scholars and
animal protection advocates combined ¡V those not in official
capacities ¡V must not be less than two thirds of the panel.
4.2 When and if there is a shortage of animal drug to treat
diseases, some categories of human drug declared by the central
competent authority may be used in dogs, cats and non-economic
animals as long as the veterinarian (or the vet¡¦s aid) enters a note
in the medical record.
4.3 Regulations governing the use and management of human drug on
dogs, cats and non-economic animals -- as described in Clause 4.2 --
shall be stipulated by the central competent authority in
collaboration with the central health competent authority.
Article 4-1
Authorities at all levels shall promote education and studies
relevant to animal ethics and animal protection regulations to
enhance public awareness about animal welfare; also instill such
knowledge through the 12-year basic education curriculum.
Article 5
5.1 Only adults are eligible in the case of natural-person
ownership. The statutory agent or legal guardian of a minor keeping
or tending animals shall be the owner on behalf of the minor.
5.2 Regarding animals tended under his care, an owner shall comply
with the followings:
5.2.1 Providing proper, clean and harmless food as well as adequate
and clean water which should be available at all times.
5.2.2 Providing a living environment that is safe, clean, well-
ventilated, non-flooding with proper and adequate shelter, lighting
and warmth.
5.2.3 Providing necessary precaution against infectious animal
diseases.
5.2.4 Preventing the animal from harassment, abuse or injury.
5.2.5 Providing adequate room for a caged pet to stretch and move
about, while allowing sufficient out-of-cage activities.
5.2.6 For a pet kept on a leash and collar, using a leash longer
than its body length allowing it to stretch and move about, and a
collar that is safe, comfortable, breathable and of proper
elasticity; also giving the pet sufficient outdoor activities
whenever appropriate.
5.2.7 Must not tow the pet behind a car or motorcycle.
5.2.8 Moving the pet to a safe location with a chance to escape from
a place with potential hazards.
5.2.9 Not confining a pet in an enclosed space for a long time;
keeping the vent holes open to allow breathing.
5.2.10 Providing other proper care.
5.2.11 Other than neutering, a pet must not be subject to any
non-essential or non-medical surgery.
5.3 An owner must not abandon any animal under his care unless it
has been accepted for custody or disposal by an animal shelter, or a
refuge designated by the local competent authority.
Article 6
One must not harass, abuse or injure any animal.
Article 6-1
6-1.1 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.
6-1.2 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.
6-1.3 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.
6-1.4 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.
6-1.5 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.
6-1.6 Animal performances already in progress by May 22, 2018 ¡V
amendment date of relevant clauses in this Act ¡V shall be exempted
from Clause 6-1.1, and may continue until the first anniversary of
the effective date of the amendment.
Article 6-2
Maximum weekly hours, maximum service years, old-age care and
requirements for dogs owned by government agencies -- for
quarantine, controlled-drug enforcement, police, rescue or national
defense purposes ¡V shall be stipulated by the central competent
authority.
Article 7
An owner shall prevent his animal from infringing on the life, body,
freedom, or property of others without due cause.
Article 8
The central competent authority may specify and declare the breed
names of animals banned from being owned, imported or exported.
Article 9
9.1 A transporter shall pay attention to food, water, excrement,
surrounding conditions and safety of animals being transported,
while keeping them from panicking, suffering or harm.
9.2 Transporters shall receive pre-job training to obtain a
certificate for transporting the type of animals declared by the
central competent authority as requiring special handling.
9.3 Transporters shall receive on-job training once every two years
after obtaining the certificate described in Clause 9.2. Regulations
governing transporter training, animal transport vehicles and
protocols shall be stipulated by the central competent authority.
Article 10
10.1 One must not do the followings to any animal:
10.1.1 Conducting fights that pit an animal against another animal
or human for direct/indirect gambling, entertainment, profit,
business promotion or a dubious purpose.
10.1.2 Conducting animal races or contests for direct/indirect
gambling.
10.1.3 Abusing, swapping or giving away animals for direct/indirect
gambling or a dubious purpose.
10.1.4 Using excessive force or electric stunning to gather and
drive animals, or causing harm when branding animals (with sharp
tools) during their transport, auction or resting on the way to
market/abattoir.
10.1.5 Subjecting economic animals in the abattoir to force-feeding
of water/food, tying, tossing, hurling, cutting and bleeding without
humanly rendering them unconscious first.
10.1.6 Any act that deviates from social norms.
Article 11
11.1 The owner shall provide necessary medical care to an injured or
sick animal.
11.2 Animals must not be subject to medical treatment or surgery
unless it is necessary for the health or management of animals. The
treatment or surgery shall be conducted by a veterinarian, unless it
is for emergency, scientific application, or situations declared by
the central competent authority.
Article 12
12.1 No one shall be allowed to kill animals without due cause
unless in any of the following situations:
12.1.1 For obtaining meat, skin, fur, feather or other intended
economic gain that animal is reared for.
12.1.2 For scientific applications.
12.1.3 For epidemic control or species improvement.
12.1.4 For culling over-populated economic animals upon prior
consent of competent authorities.
12.1.5 For relieving animals¡¦ pain from injury or illness.
12.1.6 For preventing an imminent danger to the life, body, health,
liberty, or property of human, or to public security.
12.1.7 For disposal at a shelter (or a designated local refuge) of
an animal diagnosed by a veterinarian as having an incurable or
notifiable infectious disease, causing unsanitary conditions, or
posing hazards to human/animal health and public security.
12.1.8 For other circumstances in this Act or declared by the
central competent authority.
12.2 The central competent authority may declare the type of animals
banned from slaughter in 12.1.
12.3 One must not do any of the following, even on pretext of Clause
12.1.1:
12.3.1 Killing a dog/cat, selling, buying, eating or possessing the
remains (carcass or offal) or food containing ingredients thereof.
12.3.2 Selling the carcass of an animal banned from slaughter by the
central competent authority.
12.4 Animals eligible for reclamation or adoption according to
Article 14-2 shall exclude those animals declared as banned from
ownership, or importation in Article 8. However, for an animal
already owned/imported and duly registered according to Clause 36.1
before the declaration, the owner is allowed to reclaim it.
12.5 Within two years from January 23, 2015 when this revision of
the Act becomes effective, animal shelters -- or designated local
refuges -- may kill those animals yet to be reclaimed, adopted or
disposed of, after 12 days from the date of notification or public
announcement. Such shelters are not bound by Clause 12.1.
Article 13
13.1 Anyone killing animals for reasons in Clause 12.1 shall do so
in a humane way to minimize animals¡¦ pain. Additional guidelines
regarding animal killing are:
13.1.1 One must not kill animals in a public place or a venue with
public access unless otherwise stipulated by the competent
authority.
13.1.2 The act of putting a pet to death to relieve its pain shall
be performed by a veterinarian unless in emergency.
13.1.3 A veterinarian shall personally conduct or supervise over the
disposition of animals at an animal shelter or a designated local
refuge.
13.1.4 Excess animals shall be culled in a way approved by the
competent authority.
13.2 The central competent authority shall, based on actual needs,
formulate protocols to put animals to death in a humane way.
13.3 Slaughterers of economic animals shall -- on an annual basis --
attend workshops on humane slaughter practices in training programs
organized by the competent authority or a delegated entity.
Article 14
14.1 Based on demography of human and stray animal populations,
local competent authorities shall set up animal shelters locally, or
delegate private organizations/groups to set up animal shelters or
specific venues for harboring and handling of:
14.1.1 stray animals caught by local competent authorities or
members of the public,
14.1.2 animals whom the owner no longer wish to keep,
14.1.3 animals detained or confiscated by competent authorities
according to this Act, or
14.1.4 animals in distress.
14.2 For a sheltered animal described in Clause 14.1 whose ownership
cannot be confirmed, or whose owner -- though identified (through
pet registration or other information) and notified -- fails to
reclaim the lost pet within seven days from the notification date,
the competent authority or shelter may declare this animal eligible
for adoption, or have it neutered, or subject to other necessary
disposal measures.
14.3 The central competent authority shall allocate budgets to
subsidize local competent authorities in setting up animal shelters
and carrying out animal protection tasks such as neutering,
reclamation and adoption. Organization laws and operating procedures
for public animal shelters shall be stipulated by the central
competent authority.
14.4 Local competent authorities may devise incentive programs to
supervise and assist private organizations/groups in setting up
animal shelters.
14.5 Fees may be charged for services provided by animal shelters or
designated local refuges. Fee standards are to be formulated by
local competent authorities.
Article 14-1
14-1.1 One must not capture animals by any of the following means:
14-1.1.1 explosive material,
14-1.1.2 poison,
14-1.1.3 electricity,
14-1.1.4 corrosive substance,
14-1.1.5 firearms other than a tranquilizing gun,
14-1.1.6 traps, or
14-1.1.7 any method declared to be banned by competent authorities.
14-1.2 Competent authorities may remove, dismantle and destroy
devices for any of the prohibited methods in Clause 14-1.1 without
official consents. The landlord, user or person in charge must not
evade, obstruct or refuse.
Article 14-2
One must not manufacture, sell, display, import or export animal
traps without prior approval from the central competent authority.
Chapter III Scientific Application of Animals
Article 15
15.1 One shall avoid using live animals for scientific application;
when it cannot be avoided, one shall do so with the least number of
animals and in a way inflicting the least pain or harm.
15.2 The central competent authority may formulate regulations
governing the source, application scope and management of lab
animals based on the type of animals.
Article 16
16.1 The institution using animals for scientific application shall
set up a panel for the care and use of lab animals for scientific
application within the institution.
16.2 The central competent authority shall invite scholars, experts,
officials from related agencies and registered civic animal welfare
groups to regularly supervise and manage the scientific application
of animals. There should be at least one veterinarian and one
representative from a civil group on this list.
16.3 Regulations governing the composition, mission and management
of the animal care and use committee/panel in an institution shall
be formulated by the central competent authority.
Article 17
17.1 One shall examine the conditions of a lab animal immediately
after a scientific application is completed. Animals whose quality
of life has been compromised from losing limbs, organs or pain shall
be put to death in the least painful way.
17.2 A lab animal must not be subject to additional use for
scientific application before its physiological functions have fully
recovered unless necessary for scientific purposes.
Article 18
Schools at or below the high school level must not conduct courses
causing animal pain or death beyond the curriculum designated by the
education competent authority.
Chapter IV Management of pets
Article 19
19.1 The central competent authority may specify and declare the
breeds of pets subject to compulsory registration with the
government.
19.2 The owner shall register the birth, acquisition, transfer,
missing and death of a pet described in Clause 19.1 with the local
competent authority or the delegated private entity. The local
competent authority shall issue an ID tag to each registered pet.
Every pet shall get an ID microchip implant.
19.3 Procedure and deadline for the registration described in Clause
19.2, neutering incentives, other regulations governing ID
tags/chips shall be stipulated by the central competent authority.
Article 20
20.1 A pet in a public place or venue with public access must have
human company over seven years of age.
20.2 An aggressive pet showing up in a public place or venue with
public access must have adult human company who shall take
precaution to protect the public.
20.3 The central competent authority shall specify and declare the
breed names of aggressive pets and relevant precaution to be taken
in public space.
Article 20-1
Local competent authorities shall provide proper and adequate public
facilities for activity of pets accompanied by their owners.
Article 21
21.1 When a pet subject to compulsory registration shows up without
human company in a public place or a venue with public access,
anyone may assist and guard the pet on the way to an animal shelter
or a designated local refuge.
21.2 The owner shall be notified promptly if the pet in Clause 21.1
carries an ID tag or chip. If there is no ID tag/chip, or no one
comes to reclaim the pet within 12 days, the pet will be disposed of
according to Articles 12 and 13.
21.3 If the pet in Clause 21.1 has a contagious disease or is in
distress, it may be put to death in a humane way.
21.4 Clauses 21.2 and 21.3 shall apply in a similar manner for a pet
given up by its owner to an animal shelter, or a designated local
refuge.
Chapter IV-1 Management of vendors of pet breeding, trading, lodging
service and pet food
Article 22
22.1 No one shall be allowed to sell the specific breeds of pets.
However, vendors with permits from local competent authorities and
legitimate business licenses may operate commercial breeding,
trading and lodging of specific breeds of pets. Duration of the
permit is three years.
22.2 The breed names of specific pets in Clause 22.1; qualifications
for pet breeding, trading, and lodging vendors, their facilities and
full-time staffs; application procedure for the permit and its
duration; criteria for permit renewal, revocation or suspension;
regulations governing pet breeding shall be stipulated by the
central competent authority.
22.3 The owner of specific breeds of pets, other than the vendors
specified in Clause 22.1, shall neuter their pets, unless a
neutering waiver is obtained upon filing a breeding management plan
with the local competent authority. The owner shall file for record
with the authority if there is a need for breeding, and subsequently
register for and implant chips on new additions according to Article
19.
22.4 Local competent authority may require the owner on file in
Clause 22.3 to provide the status of specific breeds of pets under
his care, and information about previous/subsequent owner whom the
pet is transferred from or to.
22.5 Vendors already in breeding, trading or lodging business of
specific breeds of pets before the regulations according to Clause
22.2 becomes effective, shall obtain permits within two years from
the effective date. Failure to comply will result in penalties
listed in Article 25-1.
Article 22-1
22-1.1 Local competent authorities shall conduct regular inspection
and evaluation of pet breeding, trading, and lodging vendors;
regulations governing inspection and evaluation shall be stipulated
by the central competent authority.
22-1.2 Inspection reports defined in Section 22-1.1 shall be
published on a regular basis.
Article 22-2
22-2.1 Traders of specific breeds of pets mentioned in Article 22
shall acquire such animals only from pet breeders or traders with
permits; and must not trade or transfer such animals to a third
party without ID microchip implants.
22-2.2 In transactions of specific breeds of pets described in
Article 22, breeders or traders shall prepare and provide to the
buyer documentations about the pets.
22-2.3 Vendors of pet breeding, trading or lodging services
mentioned in Clause 22-2.2 shall indicate the permit number in
electronic, print, telecommunication or other media for business
promotion.
Article 22-3
22-3.1 Vendors in pet food manufacturing, processing or importation
business shall file for record with the central competent authority
the type of pet food handled.
22-3.2 The central competent authority shall formulate regulations
governing the type of pet food subject to filing for record, and the
content, format, deadline, procedure and other aspects about the
filing.
Article 22-4
22-4.1 One must not manufacture, process, repackage, wholesale,
retail, import, export, give away for free, or display for sale a
pet food in any of the following conditions:
22-4.1.1 contaminated with pathogenic microorganism,
22-4.1.2 with a pet health hazard exceeding the allowable level for
safety,
22-4.1.3 beyond the expiration date, or
22-4.1.4 the labeling is non-compliant, unclear or incomplete.
22-4.2 The type of pathogenic microorganism and animal health
hazards mentioned in Clause 22-4.1, and their allowable levels are
to be stipulated by the central competent authority.
Article 22-5
22-5.1 Chinese language and universal symbols shall be used on the
container, package or instruction of pet food to indicate the
followings:
22-5.1.1 product name,
22-5.1.2 net weight, volume, quantity or other measurement; net
weight, volume or quantity shall be expressed in legal metrology
units (other units could be used additionally when necessary),
22-5.1.3 names of primary materials and additives,
22-5.1.4 nutrients and their amounts,
22-5.1.5 the name, address and phone number of the manufacturer or
processer; or the names, addresses, phone numbers of the importer
and domestic company in charge and the country of origin for
imported products,
22-5.1.6 expiration date or date of manufacturing,
22-5.1.7 shelf life, storage methods and conditions,
22-5.1.8 intended pet type, feeding method and other instructions,
and
22-5.1.9 other information required by the central competent
authority
22-5.2 Labeling, promotion material or advertisement for pet food
must not include false, exaggerated or misleading information.
22-5.3 One must not manufacture, sell, import, export, or use a
container or package for pet food that is:
22-5.3.1 poisonous,
22-5.3.2 prone to undesirable chemical reactions, or
22-5.3.3 imposing health hazards.
Chapter V Government supervision
Article 23
23.1 Local competent authorities shall have full-time animal
protection inspectors, and may recruit animal protection volunteers
to assist in relevant tasks.
23.2 For verification and enforcement against offenses of this Act,
animal protection inspectors may enter animal contest grounds,
commercial venues where animals are slaughtered, bred, traded,
lodged, displayed; or facilities for animal training or scientific
applications.
23.3 One must not evade, obstruct or refuse the verification or
enforcement described in Clause 23.2.
23.4 Local competent authorities may delegate the verification tasks
in Clause 23.2 to third-party agencies, legal entities, groups or
individuals.
23.5 To perform the duty, animal protection inspectors shall show
relevant document, or paper for identification; police assistance
could be obtained when necessary.
23.6 Municipal or city/county police forces assisting animal
protection inspectors performing duties shall have had relevant
technical training.
23.7 For this Act to be effectively enforced, competent authorities
shall allocate funds in the annual budget year after year to
facilitate animal protection tasks such as stray dog control,
innovative adoption campaign, programs for service dogs and/or
school dogs, and setting guidelines for shelter management.
Article 23-1
23-1.1 In collaboration with other authorities, local competent
authorities may dispatch inspectors to business premises or related
facilities of pet food vendors for inspection or sampling test.
23-1.2 For the inspection or sampling test in Clause 23-1.1, the
local competent authority may require the pet food vendor to provide
documents or records about production, inbound and outbound
shipment, or inventory control.
23-1.3 When conducting inspection or sampling test in Clause 23-1.1,
the inspector shall show authorization document or the badge for
identification.
23-1.4 Pet food vendors must not evade, obstruct or refuse
inspection or sampling test described in Clause 23-1.1.
Article 23-2
Pet food products confirmed to contain pathogenic microorganism or
pet health hazards exceeding the allowable standards stipulated
according to Clause 22-4.2, the local competent authority shall
demand the offending products be recalled, destroyed, or otherwise
properly disposed of before a deadline.
Article 24
Local competent authorities shall notify institutions or schools
incompliant with Article 15, Clause 16.1, Article 17 or Article 18
to take corrective and necessary actions by a deadline.
Chapter VI Penalty
Article 25
25.1 A jail term or penal servitude under two years, in conjunction
with a fine over NT$200,000 and under NT$2,000,000 will be imposed
for any of the following situations:
25.1.1 Killing, deliberate hurting, or causing injury of an animal
in violation of Clause 5.2, Article 6, or Clause 12.1 resulting in
mangled limbs, or vital organ failure of the animal.
25.1.2 Violation of Clause 12.2 or Clause 12.3.1, namely killing a
dog/cat or an animal banned from slaughter as declared by the
central competent authority.
Article 25-1
25-1.1 A jail term of no less than one year and up to five years in
conjunction with a fine over NT$500,000 and under NT$5,000,000 will
be imposed on a person in serious violation of Clause 5.2, Article
6, Clause 12.1, Clause 12.2 or Clause 12.3.1with drugs or fire arms
to cause death of multiple animals.
25-1.2 The competent authority may publicize the offender¡¦s name,
photo and facts about any offense described in Article 25 or Clause
25-1.1.
Article 25-2
25-2.1 A fine of over NT$100,000 and underNT$3,000,000 will be
imposed on anyone that operates breeding, trading and lodging
business of specific breeds of pets in violation of Clause 22.1,
namely without a permit issued by the local competent authority. In
addition to the fine, the offender shall be ordered to close down
the business. The offender shall be fined for each closure deadline
extended but missed.
25-2.2 The local competent authority may confiscate the animal under
the charge of the offender in violation of Articles 25 or Article
25-1, or the specific breed of pets for breeding or trading in
Articles 25-2.1.
Article 26
A fine over NT$50,000 and under NT$250,000 will be imposed in any of
the following situations:
26.1.1 Violation of Clause 6-1.1, namely staging an animal
performance.
26.1.2 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.
26.2 The local competent authority may, regardless of ownership,
confiscate the animal involved in Clause 26.1.1.
Article 27
27.1 A fine of over NT$50,000 and under NT$250,000 will be imposed ¡V
the offender¡¦s name, photo, and fact of offense may be publicized;
the offender may be required to take corrective actions by a
deadline; the fine may be imposed for each deadline extended and
missed ¡V in any of the following situations:
27.1.1 Violation of Clause 10.1.1, namely facilitating fights that
pit one animal against another or against human.
27.1.2 Violation of Clause 10.1.1, namely fighting against animals.
27.1.3 Violation of Clause 10.1.2, namely operating animal races for
gambling directly or indirectly.
27.1.4 Violation of Clause 10.1.3, namely directly or indirectly
offering animals for swaps or gifts in a gamble or illicit activity.
27.1.5 Violation of Clause 10.1.6, namely using animals in a manner
deviating from social norms.
27.1.6 Violation of Clause 12.3, namely selling, buying, eating or
possessing the remains -- carcasses, offal or food containing
dog/cat parts, or carcasses of animals banned from slaughter as
declared by the central competent authority.
27.1.7 Violation of regulations governing pet breeding as stipulated
by the central competent authority in accordance with Clause 22.2.
27.1.8 Violation of Clause 22.3, namely -- after choosing not to
neuter the animal -- failure to file a breeding management plan, or
breeding an animal without prior filing for record of such a need.
27.1.9 The action to manufacture, process, repackage, wholesale,
retail, import, export, give away for free, or display for sale a
pet food in conditions described in Clause 22-4.1.1 or Clause
22-4.1.2.
27.1.10 Noncompliance of Article 23-2, namely failure to recall,
destroy or properly dispose of tainted products by a deadline
specified by the local competent authority.
Article 27-1
A jail term or penal servitude under one year, or a fine of under
NT$30,000, or both, will be imposed for an action to disseminate,
broadcast, or sell text, picture, audio or video recording,
electronic record that violates Article 6, Article 10, or Clause
12.1; or to display the above in public, or to allow others to watch
and/or listen.
Article 28
28.1 A fine over NT$40,000 and under NT$200,000 will be imposed ¡V
the offender¡¦s commercial name, personal name and photo may be
publicized; the offender may be required to take corrective actions
by a deadline; the fine may be imposed for each deadline extended
and missed; the permit may be revoked after three offenses ¡V in any
of the following situations:
28.1.1 Failure to comply with qualifications for breeding, trading,
and lodging vendors of specific breeds of pets, their facilities and
full-time staffs, as stipulated by the competent authority according
to Clause 22.2.
28.1.2 Violation of Clause 22-1.1, namely acquisition of specific
breeds of pets from breeders or traders without permits; or trading
or transferring such animals to a third party without implanting ID
microchips.
Article 29
29.1 A fine of over NT$30,000 and under NT$150,000 will be imposed
for any of the following situations:
29.1.1 Violation of Clause 5.3, namely animal abandonment.
29.1.2 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.
29.1.3 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.
29.1.4 Noncompliance of Article 16-1, namely failure to form a panel
for proper care and use of laboratory animals.
29.1.5 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.
29.1.6 Violation of Clause 23.3, namely the action to evade,
obstruct, or refuse enforcement by animal protection inspectors.
29.1.7 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.
29.1.8 Failure to take corrective actions before a specific deadline
for noncompliance of Clause 22-5.1 about labeling.
29.1.9 Noncompliance of Clause 22-5.2, namely making false,
exaggerated, or misleading statements in labeling, promotion
material or advertisement.
29.1.10 Nonconformance of Clause 22-5.3, namely the action to
manufacture, sell, import, export or use containers or packages
described therein for pet food.
29.1.11 Noncompliance of Clause 23-1.4, namely the action to evade,
obstruct, or refuse inspection or sampling test by inspectors.
29.2 The local competent authority may, regardless of ownership,
confiscate the animal involved in Clause 29.1.2 or 29.1.3.
Article 30
30.1 A fine of over NT$15,000 and under NT$75,000 will be imposed in
any of the following situations:
30.1.1 Violation of any provision from Clause 5.2.1 to 5.2.10 or
Article 6 with intention (to deliberately injure or cause injury to
an animal, but short of leading to mangled limbs, loss of major
organ functions or death), or out of gross negligence (thus
accidentally injure or cause injury to an animal leading to mangled
limbs, loss of major organ functions, or death).
30.1.2 Violation of Clause 5.2.11, namely subjecting a pet to any
non-essential or non-medical surgery other than for neutering.
30.1.3 Failure to take corrective actions before a deadline
specified by a local competent authority regarding a violation of
Clause 11.1, namely not providing necessary medical care to an
injured or sick animal.
30.1.4 Violation of Clause 13.1.1 namely killing animals in a public
venue or a place with public access.
30.1.5 Noncompliance of Clause 13.1.4 namely failure to cull animals
in a manner approved by the competent authority.
30.1.6 Noncompliance of Clause 13.2, namely failure to abide by the
guideline for animal slaughter as stipulated by the central
competent authority.
30.1.7 Noncompliance of Clause 14-1.1, namely capturing animals by a
means that is banned.
30.1.8 Violation of Article 14-2, namely the action to manufacture,
sell, display, import or export animal traps without prior consent
of the central competent authority.
30.1.9 Noncompliance of Clause 22-2.2, namely refusal or failure of
the breeder or trader to provide to the buyer documents about the
pet in the transaction.
30.1.10 Noncompliance of Clause 22-2.3, namely failure of vendors of
pet breeding, trading or lodging business to indicate the permit
number in electronic, print, telecommunication or other media for
business promotion.
30.2 A jail term up to two years will be imposed for a deliberate
repeat offense of any clause from 30.1.1 to 30.1.8 within five years
from the date the previous penalty notice is served on an offense of
any clause in that group.
Article 30-1
30-1.1 A fine of over NT$3000 and under NT$15,000 will be imposed in
any of the following situations; the fine may be imposed each time
the offense occurs:
30-1.1.1 Failure to take corrective actions before a deadline after
violating ¡V but not causing injury to the animal -- any clause from
5.2.1 to 5.2.10.
30-1.1.2 Violation of any provision from Clause 5.2.1 to 5.2.10 or
Article 6 out of negligence (thus accidentally injure or cause
injury to an animal but short of leading to mangled limbs, loss of
major organ functions, or death).
30-1.1.3 Noncompliance of Clause 22.4, namely failure to take
corrective actions before a specific deadline after being required
to provide status report of the pet of a specific type, and the
information about the previous/subsequent owners whom the pet is
transferred from or to.
Article 31
31.1 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 ¡V in any of the following
situations:
31.1.1 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.
31.1.2 Noncompliance of Clause 9.2 by a transporter, namely
operating animal transport business without completing a pre-job
training to get a certificate.
31.1.3 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.
31.1.4 Violation by a transporter of guidelines for animal transport
vehicles and processes stipulated by the central competent authority
according to Clause 9.3.
31.1.5 Violation of Clause 11.2 namely conducting medical treatment
or surgery for purposes other than animal health or management.
31.1.6 Violation of Clause 13.1.2, namely killing animals without a
qualified veterinarian, or in a non-emergency situation.
31.1.7 Violation of Clause 13.1.3 namely animals killed by someone
other than a qualified veterinarian, or without the supervision of a
veterinarian.
31.1.8 The owner failing to meet registration deadlines ¡V about
birth, acquisition, transfer, missing or death of a pet ¡V stipulated
under Clause 19.3 by the central competent authority.
31.1.9 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.
31.1.10 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.
31.2 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.
Article 32
32.1 The local competent authority may confiscate an owner¡¦s animals
in any of the following situations:
32.1.1 Violation of Clause 5.2, namely an owner subjecting his
animals to ill-intended or gratuitous harassment, abuse, or harm
that potentially may lead to death.
32.1.2 Animals abandoned by an owner in violation of Clause 5.3.
32.1.3 Offense of Article 7, namely animals having caused
unjustified death or bodily harm of human.
32.1.4 Owner¡¦s failure to take corrective actions after receiving
advice about the violation of Article 7, and the animal continues to
infringe on freedom or property of others without due cause.
32.1.5 Violation of Article 8, namely owning, importing or exporting
animals declared to be banned from being owned, imported or
exported.
32.2 Owners violating any clause from 32.1.1 to 32.1.5 may be banned
by the local competent authority from adopting animals from shelters
under its jurisdiction, or be denied the permit to operate a pet
breeding, trading or lodging business.
Article 33
33.1 The local competent authority shall demand the owner to take
corrective actions before a deadline, in addition to imposing
penalties according to this Act ¡V failure to comply may result in
confistication of the animal ¡V in one of the following situations:
33.1.1 Violation of Clause 5.2, namely the owner subjecting his
animal to ill-intended or gratuitous harassment, abuse, or harm.
33.1.2 Using animals in a way violating of Article 10.
33.1.3 Noncompliance of Clause 11.1, namely failure to provide
necessary medical care to an animal.
33.1.4 Violation of Clause 20.2, namely the owner allowing an
aggressive pet to be present at a public place or a venue with
public access without adult human company, and without necessary
precautions.
33.2 Owners violating any clause from 33.1.1 to 33.1.4 may be banned
by the local authority from adopting animals from shelters under its
jurisdiction, or be denied the permit to operate a pet breeding,
trading or lodging business.
Article 33-1
33-1.1 No one shall be allowed to own a pet of specific breeds
subject to compulsory registration in Clause 19.1, or to adopt a
sheltered animal described in Clause 14.1 if he has previously
committed any of the followings:
33-1.1.1 Animal abandonment,
33-1.1.2 Surrendering to shelter custody an animal he no longer
wishes to keep,
33-1.1.3 Noncompliance of any clause in Clause 5.2 for animals under
his care,
33-1.1.4 Violation of Article 6, namely the action to harass, abuse
or injure an animal,
33-1.1.5 Any of the prohibited behaviors described in Article 10,
33-1.1.6 Failure to provide necessary medical care to an injured or
sick animal in violation of Clause 11.1,
33-1.1.7 Violation of Clause 12.1, namely killing an animal without
due cause, or violation of Clause 12.2 or Clause 12.3, namely
killing dogs/cats or animals banned from slaughter, selling, buying,
eating or possessing the carcass, offal or food containing parts of
such animals,
33-1.1.8 Causing his animals to be confiscated by a local competent
authority citing Clause 32.1 or Clause 33.1.
33-1.2 A fine of over NT$3000 and under NT$15,000 will be imposed on
the person owning a pet or adopting animals in violation of Clause
33-1.1; the local competent authority shall also confiscate the pet
or animal involved.
33-1.3 Anyone convicted of a crime, receiving a deferred prosecution
or a monetary fine for any situation in Clause 33-1.1 or any clause
from Article 25 to Article 31, may be required by the local
competent authority to attend an animal protection course part of
which is hands-on practice in an animal shelter. Regulations
governing the format, content, fee collection and requirements of
the training course shall be stipulated by the central competent
authority.
Article 33-2
33-2.1 The local competent authority shall compile and submit a
quarterly report to the central competent authority regarding
violations of any clause from Article 25 to Article 33-1.
33-2.2 The central competent authority shall consolidate the reports
described in Clause 33-2.1 and distribute to each competent
authority and animal shelter as the basis for refusing/approving an
adoption, or imposing penalty according to Clause 33-1.2.
33-2.3 Local competent authority shall keep confidential the
identity and relevant information of a whistleblower who provides
evidence leading to the discovery of any violation of this Act. The
authority may offer rewards.
33-2.4 Guidelines for whistleblower rewards, as mentioned in Clause
33-2.3, shall be formulated by the central competent authority.
Article 34
The local competent authority shall be the agency to impose monetary
fines stipulated in this Act.
Article 35
Failure to pay the fine ¡V imposed according to this Act -- before a
deadline will be referred to the court for mandatory enforcement.
Chapter VII Supplementary Provisions
Article 36
36.1 The owner shall file for record with the local competent
authority before a deadline specified by the central competent
authority if he has owned an animal banned from being imported or
owned since before the central competent authority¡¦s declaration
according to Article 8. The same rule applies to ownership changes
if any.
36.2 Only those owners who have filed for record according to Clause
36.1 are allowed to continue to own the animals. One must not breed
such animals unless the central competent authority has announced a
relevant permission.
36.3 Violation of Clause 36.1 or Clause 36.2 shall be dealt with
according to Article 26 and Clause 32.1.3.
Article 37
Vendors having been operating breeding, trading or lodging business
of pets subject to compulsory registration before the
pet-registration requirement Is announced according to Clause 19.1
shall apply for and obtain a permit from the local competent
authority within two years from the effective date of regulations
stipulated according to Clause 22.2. Those who fail to apply for and
obtain the permit before the deadline shall be dealt with according
to Article 25.
Article 38
Local competent authorities shall charge fees for issuing pet ID
tags according to Clause 19.2, for handling missing pets and
returning them to owners, for issuing permits according to Clause
22.1. Fee standards for such services shall be stipulated by the
central competent authority.
Article 39
Enforcement rules of this Act shall be formulated by the central
competent authority.
Article 40
This Act shall come into force on the day it is promulgated. |