|
Chapter One General Provisions
Article 1
This Animal Industry Act (hereinafter referred to
as the Act) is drawn up for the purposes of regulating and providing guidance
to the livestock/poultry farming business, preventing pollution, and
facilitating the development of the animal industry. Other relevant laws and
regulations shall govern matters not specified herein.
Article 2
The competent authority referred to in the Act
herein shall be: the Council of Agriculture, Executive Yuan on the central
level; the Municipal Government on the municipal level; and the prefectural
(city) government on the prefectural (city) level.
Article 3
The terms used in the Act herein are defined as
follows:
1. Livestock: Cattle, sheep, horse, pig, deer, rabbit and other animals
designated by the central competent authority.
2. Poultry: Chicken, duck, goose, turkey and other fowls designated
by the central competent authority.
3. Farm: A place of raising livestock or poultry with an operation scale
up to that specified in Article 4 herein.
4. Slaughterhouse: A slaughter establishment set up according to
the Act, or approved or designated by the competent authorities
prior to the promulgation of the Act.
5. Breeding flock: Livestock or poultry for reproduction.
6. Breeding stock: Genetic materials of the breeding flock, such as
semen, ovum, egg, embryo, genes, or genetically modified
organisms or transplanted embryo.
7. Breeder: Business engaging in the raise, incubation, improvement
or propagation of breeding flock or breeding stocks.
8. Breeding farm: A place where raise, incubation, improvement or
propagation of breeding flock or breeding stock takes place.
9. Industrial organization: Academy, foundation, trade association,
farmer's association or cooperative that is associated with the
research, development, production, supply and marketing of
farming
or veterinary medicine.
Chapter Two Registration and
Administration of a Farm
Article 4
When an establishment that raises livestock or poultry has reached a certain
scale as specified by the central competent authority, it shall apply for the
registration of farm.
Where establishments that raise livestock or poultry of the same species use
the same water meter, electricity meter, drainage outlet, or are located
inside the same premises surrounded by fence (wall), their operation scale
shall be tallied in combination.
Simultaneously the central competent authority shall specify the scale of
farming operation referred to in the first paragraph when it designates
livestock or poultry pursuant to Item 1 or 2 of Article 3 herein.
Article 5
The registration of a farm shall meet the
following requirements:
1. The person-in-charge or the principal managerial personnel of
the farm shall be a graduate of the department of animal
husbandry,
veterinary medicine or livestock veterinary medicine from an
occupational school or above, or has received professional
training
in livestock farming sponsored by government agency, or an
institution commissioned by government agency for more than one
month, with the evidence of course completion, or has more than
two years of practical work experience in the field with a
certificate
issued by a village (town, city, or district) administration
office
evidencing his or her qualification.
2. The land on which the farm operates shall be in the zoning that
allows the establishment of livestock/poultry farming operation;
the
area of land used for the erection of facilities shall not
exceed eighty
percent (80%) of the total land area of the farm. Buildings in
the
farm shall have the building license as required by law.
3. The farm shall be equipped with livestock waste treatment facilities
that meet the regulatory requirements. The preceding provision
does
not apply, provided the farm shows evidence that it has retained
the
service of a waste treatment service provider sanctioned by the
environmental protection authority, or the farm has sufficient
land to
reduce the livestock waste with the approval of the
environmental
protection authority.
4. The principal facilities of the farm shall meet the standards
stipulated by the central competent authority.
Article 6
Application for the registration of a farm, the
applicant shall fill out an application form, and attach a pollution control
plan that is reviewed and approved by the environmental protection authority.
The application shall be submitted to the municipal competent authority or
the competent authority in the prefecture (city) where the establishment is
located.
After being issued the use permit of facilities, a farm shall complete its
construction within one year, or apply for an extension with the presentation
of appropriate reasons, subject to the approval of the municipal or
prefectural (city) competent authority. Within three months after its
construction, the farm shall apply to the municipal competent authority or
the competent authority in the prefecture (city) where the establishment is
located for an on-site inspection. The competent authority shall, within one
month on receipt of the application, conduct the inspection together with the
environmental protection authority, and issue a registration certificate if
the farm conforms to the inspection requirements and notify the central
competent authority and central environmental protection competent authority
of such issuance.
Article 7
The registration certificate of a farm shall
state the following
particulars:
1. Name.
2. Person-in-charge and principal managerial personnel.
3. Address.
4. Size of area.
5. Primary facilities.
6. The kind of livestock or poultry raised, and the scale of operation.
Article 8
Where there is any change to the registration items required by any
subparagraph of the preceding article, the farm shall apply for change of
registration within one month after the day on which the fact happened to the
municipal competent authority or competent authority in the prefecture (city)
where the farm is located. After the approval of the change of registration,
the municipal competent authority or competent authority in the prefecture
(city) shall notify the central competent authority and central environmental
protection competent authority of such change.
The provisions in Article 6 will apply mutatis mutandis in case the farm
builds new facilities or additions, make renovation, take on major repair, relocate the animal quarters, change farm address, or the
kind of livestock or poultry raised.
Article 8-1
The following provisions will apply for the farm that has received the farm
registration certificate, but for some reason suspends, closes up or goes
back to business.
1. The farm that suspends it business shall fill out a report
on suspension of business within one month of the actual closure
date and, together with the farm registration certificate,
submit to
the competent authority of the municipality or county
(city) to
revoke the farm registration certificate and render it null
and void.
2. The farm that has closed down business for more than six months
and less than one year should fill out a report on closure of
business
within one month of the actual closure date and submit this to
the
competent authority of the municipality or county (city) for a
later
check-up. The same procedure applies when the farm goes back to
business.
3. The farm that has closed up its business for more than one year and
whose primary farming facilities in the premises have been
removed
will be considered as good as suspending business. Suspension of
business should be carried out in accordance with the
provisions of
Paragraph 1. For violators, the competent authority of the
municipality or county (city) should revoke the farm’s registration
certificate and render it null and void.
4. The farm, which is unable to go back to business for a proper
reason before the period of closure of business comes to an end,
may apply to the competent authority in the municipalities or
county
(city) for approval to extend the time limit of the period. This
application is allowed only once; the maximum extension period
is
one year.
Regarding situations stated in the subparagraphs of the preceding paragraph,
the competent authority in the municipalities or county (city) notify the
central competent authority and central environmental protection competent
authority of such issuance.
Article 9
A farm shall be staffed with a veterinarian or
has a contracted veterinarian who is responsible for the sanitation
management of the farm. Where the disease incidence of livestock or poultry
on the farm reaches ten percent (10%) or higher, the staff or contracted
veterinarian shall report to the local competent authority within twenty-four
hours.
Article 10
The competent authority may, together with other
authorities concerned, inspect the operation scale, farming facilities,
disease control facilities, and relevant records of a farm or a
livestock/poultry raising establishment. The farm or aforesaid establishment
shall not evade, interfere with, or refuse such inspection without due
causes.
The aforesaid inspectors shall present their identification when carrying out
their duty.
Article 11
The competent authority shall set up an agency or
positions that are specifically in charge of providing guidance to farms on
pollution control.
Chapter Three Regulation of Breeding
Flock and Breeding Stock
Article 12
New breed or new strain of breeding flock or
breeding stock discovered, incubated or brought in from abroad shall be
registered with the central competent authority before it can be promoted or
marketed.
Breeders who fail to pass the review as described in the preceding paragraph
may put forward reasons to apply to the central competent authority for a
second review within two months from the date following the day when the
review result is received.
After the registration of the breeding flock or breeding stock has been
reviewed and made public, any one who thinks that
the documents presented by the applicant in accordance with provisions of
registration application are not in keeping with realities, and who can
present concrete evidence, may fill out the objection application form within
three months from the date of the public announcement, state clearly the
reasons, attach the documents in question and propose an objection to the
central competent authority; when the objection is being reviewed, the
reviewing committee may send for the applicant to express his opinions; after
the objection is reviewed, the result has to be made in the form of a review
booklet, in which the reasons are stated clearly, and the committee shall
notify the applicant as well as the one who objects. Once the objection goes
valid, the registration should be revoked in a public announcement.
Breeders shall apply to the central competent authority to register the breed
or strain promoted or marketed prior to the promulgation of this Act.
Article 12-1
Breeding flock or breeding stock involving the
transfer of genetic material shall undergo field tests and creatures' safety
assessment before it can be promoted and made use of. The regulation measures
on the transfer of genetic material will be set forth by the central
competent authority.
Article 12-2
When more than two people apply for registration
individually with the same or similar names for new breed or new strain of
breeding flock or breeding stock, the one who applies first will be allowed
to register; if they apply on the same day and there is no telling who comes
first, the matter will be settled through negotiation among the individual
applicants and the registration goes exclusively to one person; when no
negotiation avails, the matter will be settled by drawing lots.
When more than two breeders apply for registration individually with the same
or similar names for the breed or strain promoted or marketed prior to the
promulgation of this Act, the precedence will be decided by the central
competent authority on the basis of how it is discovered or incubated as well
as a report of how it is raised.
New breed or new strain of breeding flock or breeding stock incubated or
discovered by an employee should be registered with the name of the employer
unless it is otherwise specified in the contract.
Article 13
Breeders shall carry out pedigree register with
the central competent authority for the registered breed or strain described
in Article 12 if it is so designated by the same authority.
Article 14 Breeders shall carry out pedigree register for their male
breeding flock and more than half of their female breeding flock.
Article 15
The facilities of breeding farm shall meet the
standards set forth by the central competent authority.
Article 16
Breeding flock or breeding stock that has entered
the pedigree registry shall be subjected to the periodic follow-up and
inspection of the competent authority, and those who fail the inspection will
have their registration revoked.
Article 17
The competent authority may dispatch inspector to
examine or test the breeding flock, breeding stock, facilities, pedigree
registry and related records of breeders, and the breeders shall not evade,
interfere with or object to such examination or testing.
Breeding flock or breeding stock found to have contracted notifiable disease
or have hereditary disease during the aforesaid examination or testing shall
be banned from breeding.
The aforesaid inspectors shall present their identification when carrying out
their duty.
Article 18
Breeding flock or breeding stock having
hereditary disease, which might be harmful to human health as deemed by the
competent authority, shall be destroyed by an agency designated by the
central competent authority. The central competent authority shall also
compensate the owner of the flock or breeding stock destroyed; the amount of
compensation shall be assessed by a body comprised of representatives from
government agencies concerned, industrial organizations, experts and scholars
under the invitation of the central competent authority.
Article 19
Breeding flock or breeding stock that have been
designated by the central competent authority shall obtain the approval
document of the same authority before it can be imported or exported.
Article 20
The central competent authority may commission research institutes or private
organizations to engage in collection, appraisal, preservation and research
for the purpose of preserving breeding flock resources and improving the
performance of livestock or poultry.
Article 21
The central competent authority may conduct
periodic assessment of the breeders, and reward outstanding breeders.
Chapter Four Regulation and Guidance of Supply and Market
Article 22
The central competent authority shall draw up
annual livestock production goal. Municipal and prefectural (city) competent
authorities shall institute annual livestock production plan on the basis of
the aforesaid goal, and provide guidance to farms, industrial organizations
and farmers to carry out production and marketing accordingly.
To promote the development of a healthy dairy industry and to facilitate
sound marketing system of the dairy products, the central competent authority
herein-referred to-shall set the related regulations and enforcement
procedures governing the dairy industry.
Article 23
For the purpose of stabilizing market supply and
demand, the central competent authority may specify the kind of livestock or
poultry and announce regulating measures with regard to the following
particulars:
1. The heads of livestock or poultry raised by individual farm.
2. The heads of livestock or poultry the wholesale produce market
may accept from the suppliers.
3. The ratio of domestic sale and export of livestock or poultry
produced by large farm.
4. Temporarily suspending acceptance of farm registration or
applications for construction of new farms, increase building of
farm
facilities, and expanding breeding scale.
5. Other necessary items.
The central competent authority will carry out the regulating measures in
previous paragraph, which should be publicly announced.
Those who have obtained farm facility permits before the public announcement
by the central competent authority are not covered by the announcement in the
previous paragraph.
The temporary suspension pursuant to Subparagraph 4, Paragraph 1 is one year,
which may be extended if necessary.
Article 24
The competent authority shall provide guidance to
farms to join the membership of the provincial (municipal) or national
industrial organization that coordinates the marketing of their production,
and observe the production and marketing operation set up by the said
organization. The competent authority will not provide guidance to non-member
farms or farmers.
A industrial organization may charge farms and a livestock/poultry
raising establishments necessary fees for the marketing service it provides;
the fee schedule will be set by the said organization, subject to the
approval of the municipal authority, if the organization is a local
organization, or the approval of the central competent authority, if the
organization is a national organization.
Article 25
For the sake of effective implementation of the
livestock production and marketing system and promoting the development of
the animal industry, the central competent authority should donate a reserve
fund for the establishment of National Animal Industry Foundation; the
central competent authority shall prescribe the measure for its
establishment.
Article 26
The funding resources for the establishment of
the National Animal Industry Foundation shall originate from:
1. Appropriation of the central competent authority.
2. Donation of the industrial organizations.
3. Other donations.
Article 27
The businesses of the National Animal Industry
Foundation includes:
1. When the supply and demand of livestock/poultry products are out
of balance, coordinating among industrial organizations or farms
to
draw up response measures and overseeing their implementation
after the approval of the central competent authority.
2. Providing information on the supply and demand of important
livestock materials, such as feeds and animal medications.
3. To stabilize the prices of important livestock/poultry product,
coordinating among farmers' organization or farm product
wholesale
market to buy and sell in the wholesale market, or engage in
joint
transportation and sale of that particular livestock product.
4. Upon the commission of the central competent authority,
coordinating among industrial organizations, farms,
livestock/poultry
raising establishment, merchants, and consumer representatives
that
are associated with a particular livestock product to set the
production quantity and appropriate prices of the said product.
5. Assisting industrial organizations to carry out the relevant policy set
forth by the central competent authority.
6. Carrying out other matters as commissioned by the central
competent authority.
7. Making suggestions with regard to livestock/poultry supply and
marketing.
Article 28
The National Animal Industry Foundation may
charge a fee for the service it provides; the Corporation, subject to the
approval of the central competent authority will set the fee schedule.
Article 28-1
To stabilize the supply and demand of livestock
and poultry, the central competent authority should establish livestock and
poultry funds according to actual industry needs. The central competent
authority may ask participating breeders, members of various livestock and
poultry groups, and business owners to pay regulatory fees of not more than
0.04% of livestock and poultry prices.
The central competent authority shall determine the terms of payment of the
regulatory fees, actual payment rates, payment deadlines, and scope of
payment.
Fund management associations for both the livestock and poultry industries
need to be established with several committee members to take care of the
balance of payments, management, and use of the funds mentioned in Paragraph
1.
The central competent authority has to appoint a government agency or a group
to collect on its behalf the regulatory fees in Paragraph 1.
The central government authority should draw up a budget for subsidies should
the industry fund be temporarily suspended due to the following reasons:
1. Major plague or calamity in the country
2. Severe imbalance in supply and demand
3. Other force majeure factors making the collected regulatory fees in
adequate.
Chapter Five Regulation of Livestock
and Poultry Slaughter
Article 29
The slaughtering of pig, cattle, goat or other livestock or poultry as
designated by the central competent authority for human consumption shall be
carried out in a slaughterhouse, unless the central competent authority
otherwise designates it.
The person in charge of the slaughterhouse mentioned in the preceding
paragraph shall apply to the central competent authority for meat inspection;
the central competent authority and the central health competent authority
shall be responsible for regulations governing application procedures,
documentation, inspection procedure, steps and methods, tethering, missing,
isolated slaughter, emergency slaughter, determining qualification,
condemning carcasses, handling of viscera, veterinary instructions, cessation
of slaughter inspection, and other work items.
The central competent authority may conduct the meat inspection mentioned in
the preceding paragraph by themselves, or by commissioning a proprietary
organization, or a qualified practicing veterinarian.
The aforesaid inspection, if carried out by a commissioned organization or
veterinarian, shall be under the supervision and evaluation of the central
competent authority. Personnel commissioned to carry out the inspection,
testing and issue of certificate shall act in the capacity of a public
official and assume responsibility thereof.
The central competent authority shall draw up a budget for the meat
inspection pursuant to second paragraph of this Article, but shall charge the
slaughterhouses at the rates set by the central competent authority for the
number of inspection hours exceeding the
number of regular office hours of government.
Article 29-1
In accordance with the Paragraph 3 of the
preceding article, the veterinarian dispatched by the central competent
authorities, or commissioned or employed by a proprietary organization
commissioned by the central competent authorities, should pass the training
and receive a certificate issued by the central competent authorities or the
commissioned training institution
Article 30
The application for establishing a slaughterhouse
shall be filled with the central competent authority via prefectural (city)
competent authority. The establishment will then be subjected to the joint
inspection of the central competent authority together with the central
industrial administration and environmental protection authority, and
receives a registration certificate if it passes the inspection; what will be
prescribed by the central competent authority are the documents to be
provided, the procedure to follow, the procedure of review, the issue of the
document that approves establishment, the period of time, the application for
the joint inspection and the ensuing review, the issue of the slaughterhouse
registration certificate as well as the statements to be written out in the
certificate.
The slaughterhouse shall meet the Establishment Standards for Slaughterhouse
set forth jointly by the central competent authority as well as the central
industrial and environmental protection authority.
The slaughterhouse shall comply with the Requirements for Slaughter Operation
set forth by the central competent authority.
Article 30-1
If the construction of a registered
slaughterhouse is for some reason forced to be suspended for less than a
month, the person-in-charge shall fill out a report on suspension and
resumption of work five days prior to the suspension of construction, and
apply to the municipal or central competent authority via the prefecture
(city) competent authority for a later check-up.
If the business of a registered slaughterhouse is for some reason forced to
be suspended for more than one month and less than one year, the managerial
personnel shall fill out a report on suspension of business ten days before
its business is suspended, and deliver it to the municipal or central
competent authority via the prefecture (city) competent authority for a later
check-up. When a slaughterhouse is ready to go back to business, the
managerial personnel shall fill out a report on resumption of business ten
days before the business is resumed, provide the documents as designated in
Paragraph 2, Article 29, and deliver it to the municipal or central competent
authority via the prefecture (city) competent authority for approval before
its business can be resumed.
If the business of a registered slaughterhouse is closed up for some reason,
the managerial personnel shall fill out a report on closure of business and
deliver it together with the slaughterhouse registration certificate to the
municipal or central competent authority via the prefecture (city) competent
authority to revoke it.
A slaughterhouse whose business has been suspended for more than one year
will be regarded as good as closing up business. The registration certificate
should be revoked; if the managerial personnel fails to turn it in to revoke
it, it will be revoked directly by the central competent authority in a
public announcement.
Article 31
In order to protect consumers' rights, the
competent authority may enter the slaughterhouse or other buildings in order
to inspect the slaughter facilities and operation. Any
body or managerial personnel shall not evade, interfere with, or
object to such inspection without due causes.
If there is any evasion of, interference with or objection to the aforesaid
inspection, the competent authority may carry out the inspection by force.
The inspectors mentioned in the first paragraph shall present identification
when carrying out their duty.
Article 32
Carcasses or viscera that were not inspected or
were condemned after inspection shall not be cut, processed, transported,
stored or sold for human consumption or with the attempt to provide it for
human consumption.
The owner or managerial personnel of the aforesaid carcasses, viscera shall,
under the instruction of Veterinary Meat Inspector or other authorized
inspectors, dispose the carcasses or viscera by incineration, rendering or
other necessary measures.
The carcasses or viscera mentioned in the first paragraph are assumed to be
for human consumption or with the attempt to provide it for human consumption
unless they are proved to be otherwise.
Carcasses, viscera or their packaging containers that were inspected and
passed shall be marked with the "INSPECTED AND PASSED" symbol, the
slaughterhouse code and slaughter date before they are shipped out of the
premises; the "PASSED" symbol and the way it is marked will be
prescribed by the central competent authority.
Chapter Six Regulations Governing the Dairy Industry
Article 33
Municipal or prefecture/city authority In-charge
may conduct irregular or random test of raw milk quality and the result of
which shall be filed with the central authority in charge.
Article 34
When necessary, the central prefecture/city
authorities in-charge may ask the dairy product manufacturers to submit
information concerning the source and the quantity of raw milk collected, and
the inventory of the dairy products. The manufacturers must not refuse to
submit the said information.
The central and municipal or prefecture/city authorities in-charge, in
collaboration with hygienic, environmental, and consumer protection
authorities, shall examine the aforesaid information. Dairy product
manufacturers must not evade, hinder or refuse without warrant. The
inspectors must show their identification when in duty.
Article 35
The National Animal Industry Foundation may
organize a raw milk price appraisal committee and summit raw milk reference
prices to the central authority in-charge to make an official notice.
The central authority in-charge shall designate or designate or establish a
raw milk testing laboratory for the arbitration of the dispute over the raw
milk quality between milk producers and dairy product manufacturers.
Article 36
To try to balance the supply/demand situation of cow's milk and goat's
milk-the municipal or prefecture/city authority in-charge shall assist milk
producers and dairy product manufacturers to enter a raw milk supply and
purchase contract. The milk quantity items involved in such contract shall be
submitted to the local authority for reference.
Article 37
Manufactured and/or imported dairy products which
are covered by the National Standard (CNS) shall be regulated by the CNS
rules concerned.
Chapter Seven Penalty Clauses
Article 38
Offenders of any of the following conditions shall be subjected to a fine of
more than NT$100,000, but less than NT$500,000:
1. In violation of the provisions in Sub-article 12.1 herein by engaging
in promoting and making use of the breeding flock or breeding
stock
that has not undergone any field test, creatures' safety
assessment
and involves the transfer of genetic material without due
permission.
2. In violation of the provisions in the first paragraph of Article 29
herein engaging in livestock slaughter operations or slaughter
perations without livestock inspection
in accordance with the second
paragraph of the same article.
3. In violation of the provisions in the first paragraph of Article 32 by
cutting, processing, transporting, storing or selling livestock
carcasses or viscera that were not inspected or were condemned
after
inspection for human consumption or with the attempt to provide
it
for human consumption.
4. Intentionally misleading people into believing it has passed
slaughter inspection by adding markings or labels on the
carcass,
viscera, or other packaging materials specified in the preceding
subparagraph.
5. In violation of the regulation as prescribed in Article 37, those who
produce or import dairy products falling short of the national
standard.
Offenders of any of the following conditions shall be subjected to a fine of
more than NT$20,000, but less than NT$100,000:
1. In violation of regulations in Paragraph 1, Article 29, which is to
slaughter poultry outside of slaughterhouse premises or
slaughter
poultry, which have not undergone inspection pursuant to
Paragraph
2 of the same article.
2. In violation of Paragraph 1, Article 32, which is to sell for human
consumption poultry carcasses or viscera that were not inspected
or
were condemned after inspection or which were cut, processed,
transported, stored, or sold for human consumption.
The penalty imposed on those who commits offence mentioned in Subparagraphs 1
to 3, and 5 of Paragraph 1, where severe harm is done to human health, is a
prison term of not more than three years or a fine of not more than
NT$300,000.
The penalty imposed on those who commits the offence mentioned in Paragraph
2, where there is severe harm done to human health or repeat offenders is a
prison term of not more than one year or a fine of not more than NT$100,000.
The penalty shall be imposed on the acting party who commits the offence
mentioned in Paragraphs 3 and 4 in the execution of business, while the
corporation or individual who employs the said acting party shall also be
subjected to a penalty stipulated in the preceding paragraph.
In the condition where what is described in Subparagraphs 2 and 3, Paragraph
1 or Paragraph 2, the central competent authority may confiscate the said
carcasses and viscera without asking who owns them.
Article 39
Offenders of any of the following conditions
shall be subjected to a fine of more than NT$30,000, but less than
NT$150,000:
1. Failing to reach the raising scale specified by the central competent
authority and livestock and poultry raisers who have not
obtained
farm registration permits in accordance with Article 6.
2. Registered farms which have not established livestock/poultry waste
treatment facilities or outsourced waste treatment in accordance
with
Item 3, Article 5 or other major farming facilities failing to
meet the
standards specified in Item 3 or 4 of Article 5 herein.
3. Failing to comply with the provisions stipulated in the second
paragraph of Article 8 herein by expanding farming scale without
going through due process.
4. Failing to apply for resumption of business in accordance with
Article 8-1.
5. Violate supply and demand measures specified by the central
competent authority in Article 23.
6. Slaughterhouses found in violation of the provisions in Paragraph 2
Article 29 concerning regulations on tethering, missing,
isolated
slaughter, emergency slaughter, condemned carcasses, handling of
viscera, veterinary instructions, cessation of slaughter
inspection,
and other work items.
7. Slaughterhouse found in violation of the Establishment Standards of
Slaughterhouse or Requirements for Slaughterhouse Operations
specified in Paragraph 2 or 3 of Article 30, especially those
concerning environment, buildings, facilities, equipment, sample
inspection, hygiene and sanitation procedures, slaughter
operations,
employee health and hygiene requirements, disposal of condemned
carcasses and viscera, quality of water supply, or any other
regulations provided in the documentation.
8. Violating against the provisions specified in the second paragraph
of Article 32 herein by failing to dispose the condemned
carcasses or
viscera by incineration, rendering or other necessary measures
as
instructed by the Veterinary Meat Inspector or other authorized
inspectors.
9. Failing to mark carcasses, viscera or their packaging container that
have passed the meat inspection with relevant statements in
accordance with the provisions specified in the fourth paragraph
of
Article 32.
10. Slaughter house, which has not applied for livestock and poultry
breeding registration in accordance with Paragraph 2 of
Article 43.
11. Slaughterhouse, which has expanded the scale of breeding
operations in violation of Paragraph 2 Article 43 or has
not disposed
of dead livestock and poultry carcasses in accordance with
the Disposal Plan for Dead Livestock and Poultry
Carcasses.
In the event of the situation described in Subparagraphs 1 through 5, 10, or
11 of the preceding paragraph, the competent authority shall impose the fine
as stipulated and order the offender to take corrective action. When the
offender fails to comply accordingly, a separate fine will be imposed. In the
event of the situation described in Subparagraphs 2, 3, or 11 of the
preceding paragraph, offenders which have not improved after being fined
three times will have their farm registration certificates or breeding
registration certificates revoked and rendered null and void.
In the event of the situation described in Subparagraphs 6 through 9 of
Paragraph 1, the central competent authority shall impose the fine as
stipulated, and order the offender to take corrective action within a
prescribed period of time. Where the offender fails to comply accordingly, a
separate fine shall be imposed until corrective action has been taken or the
slaughter operation of the offender will be suspended in part or in whole.
Slaughterhouses that have been ordered for suspension but continue their
slaughter operations shall have their registration certificates revoked and
rendered null and void.
Those which violate provisions in the first half of Subparagraph 2 or the
latter half of Subparagraph 11 of Paragraph 1, providing dead condemned
carcasses for human consumption shall be fined more than NT$60,000 and less
than NT$300,000. Repeat offenders will have their breeding certificates and
farm registration certificates revoked and rendered null and void.
Article 40
Offenders of the following conditions shall be
subjected to a fine of more than NT$20,000, but less than NT$100,000:
1. Violating the provisions specified in the first paragraph of Article 12
herein by promoting or selling new breeds of breeding
flock or
breeding stock without completing the required proceedings.
2. Violating the provisions specified in the second paragraph of Article
17 herein.
3. Violating the provisions specified in Article 19 herein by importing
or exporting breeding flock or breeding stock without
permission of
the authority.
Article 41
Offenders of any of the following conditions
shall be subjected to a fine of more than 10,000, but less than NT$50,000.
1. The farm failing to file with the authority for change of registration
as required in the first paragraph of Article 8, Sub-article 8.1
herein
in the event of suspension or closure of business, or change of
registration status.
2. Violating regulations in Paragraph 2 Article 43 regarding changes in
registration or application for suspension of business.
3. Evading, interfering, or objecting without due causes, or making
false representation in the inspection of the competent
authority
authorized by the provisions specified in the first paragraph of
Article 10, Article 16, the first paragraph of Article 17, or
the first
paragraph of Article 31 or the first paragraph and the second
paragraph of Article 34 herein.
4.The farm or veterinarian in violation of the
provisions specified in
Article 9 herein.
5. Violating the provisions specified in Article 13 or 14 herein.
6. Violating the facilities requirements specified in Article 15 herein.
7. Failing to accept the assessment of the competent authority in
accordance with the provisions in Article 21 herein.
8. Failing to pay fees in accordance with the provisions in Article 28.
9. Not paying the market regulatory fees in accordance with Paragraph
1 of Article 28-1 or violating the payment deadline designated
by
Paragraph 2.
Article 42
The fines stipulated in the Act herein should be
imposed by municipal or prefectural (city) competent authority, but where the
central competent authority find the offences against the provisions in
Chapter Five herein on Regulation of Livestock and Poultry Slaughter, the
central competent authority has the jurisdiction.
Offenders shall pay up the penalty imposed in accordance with the Act herein
within a prescribed period of time. Cases of non-payment of penalty will be
transferred to the court for compulsory execution.
Chapter Eight Supplemental Provisions
Article 43
The farm that has received registration certificate
prior to the implementation of the Act shall, within two years from the date
of promulgation of this Act, apply to the central competent authority for a
replacement of certificate. Otherwise the central competent authority may
annul its existing registration certificate.
Livestock or poultry farming operation that has reached the scale specified
in Article 4 herein prior to the promulgation of the Act, but hasn't received
a registration certificate shall proceed with the formalities as required
according to the date announced by the central competent authority.
Operator of a farm of public land may apply to the managerial agency of the
said land to lease public land for livestock farming operation.
Article 44
Slaughterhouse set up prior to the promulgation
of the Act herein shall apply for registration certificate as required within
two years from the date the Act is put into force. Operation that has
received factory registration certificate shall apply to the central
competent authority for replacement of registration certificate within two
years from the date the Act is put into force. For operation that fails to
comply with the preceding provision, the central competent authority shall
notify the central industrial administration authority to annul its factory
registration certificate.
Article 45
Competent authority may charge registration fee
and certificate fee for processing application for the registration of a farm
or a slaughterhouse; the central competent authority
shall prescribe the fee schedule.
Article 45-1
This Act has been promulgated by the central
competent authority and should be publicly announced and published in
government bulletins.
Article 46
The central competent authority herein shall set
the enforcement rules of the Act forth.
Article 47
The Act herein shall be come into force from the
date of promulgation.
|