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Chapter I General Provisions
Article 1
1.1 This Act is hereby enacted out of respect for animal lives
and for the purpose of animal protection.
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 vertebrate, such as a dog or a cat, reared and
tended by human as a pet, an economic animal or a laboratory
animal.
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: using violence, improper drug or other means --
beyond what is necessary to rear, tend or dispose of an animal
-- to harm an animal or cause it unable to perform physical
functions properly.
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 Recreational animal: an animal for recreational purposes
used for display, entertainment, or riding at a commercial
venue.
3.1.14 Animal show vendor: operator of a business using
recreational animals for display, entertainment, or riding.
Chapter II General protection of animals
Article 4
4.1 The central competent authority shall form a panel of
experts, scholars, officials from relevant agencies and
representatives from legitimate animal welfare civic groups to
develop animal protection policies, as well as indicators and
white paper for animal welfare, also to review the policy
outcome every three months. The number of experts, scholars and
animal protection advocates combined –
non-officials – must
not be less than two thirds of 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 use 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 5
5.1 An animal owner must be over 20 years of age. The statutory
agent or legal guardian of a minor (anyone less than 20 years
old) 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 Moving the pet to a safe location with a chance to escape
from a place with potential hazards.
5.2.8 Not confining a pet in an enclosed space for a long time;
keeping the vent holes open to allow breathing.
5.2.9 Providing other proper care.
5.2.10 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 An animal show vendor shall obtain a license from the
competent authority prior to commercial operations.
6-1.2 Regulations governing the animal show business described
in Clause 6-1.1 are to be stipulated by the central competent
authority.
6-1.3 Vendors without a license for animal shows before January
23 2015 -- when this Act becomes effective -- shall obtain the
license within one year from the effective date.
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 – 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 Slaughtering economic animals without humanely rendering
them unconscious before force-feeding water or food, handling,
cutting, or blood-letting..
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 cite 6-2.1.1 as a pretext to:
12.3.1 kill a dog or cat, or sell the carcass; or
12.3.2 sell 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 Without prior consent of competent authorities, one must
not capture animals with any of the followings:
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
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.
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 actively engage in animal protection tasks.
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 one year, in
conjunction with a fine over NT$100,000 and under NT$1,000,000
will be imposed for any of the following situations:
25.1.1 Deliberate violation of Clause 5.2 or Article 6 leading
to injury, mangled limbs, vital organ failure, or death of an
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.
25.2 The competent authority may publicize the offender’s name,
photo and facts about any offense described in Clause 25.1.
Article 25-1
25-1.1 A fine over NT$100,000 and under NT$3,000,000 will be imposed
on vendors that operate breeding, trading and lodging business of
specific breeds of pets in violation of Clause 22.1, namely without
a permit issued by a local competent authority. The vendor shall be
demanded to close down the business operation simultaneously. The
vendor will be fined for each closure deadline extended but missed.
25-1.2 The local competent authority may confiscate the specific
breeds of pets of breeding, trading and lodging business described
in Clause 25-1.1.
Article 26
A fine over NT$50,000 and under NT$250,000 will be imposed on
those who own, import or export animals banned from being owned,
imported or exported as declared by the central competent
authority.
.
Article 27
27.1 A fine of over NT$50,000 and under NT$250,000 will be
imposed – 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 – 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 Killing animals in violation of Clause 12.1.
27.1.7 Violation of Clauses 12.3.1 and 12.3.2, namely selling
carcasses of dogs, cats or animals banned from slaughter as
declared by the central competent authority.
27.1.8 Violation of regulations governing pet breeding as
stipulated by the central competent authority in accordance with
Clause 22.2.
27.1.9 Failure to take corrective actions after receiving advice
for not noncompliance of Clause 22.3.
27.1.10 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.
27.1.11 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
– 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 – 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 Article 6-1, namely failure to obtain
permits for animal shows.
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.
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 clause from Clause 5.2.1 to 5.2.9, or
Article 6, namely the intentional action harming an animal or
causing it to be harmed but not resulting in mangled limbs,
vital organ failure, or death; OR the action accidentally
harming an animal or causing it to be harmed leading to mangled
limbs, vital organ failure or death.
30.1.2 Violation of Clause 5.2.10, 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
in a prohibited manner without prior consent of competent
authorities.
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 under one year 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 – but not causing
injury to the animal -- any
clause from 5.2.1 to 5.2.9.
30-1.1.2 The action accidentally harming an animal, or causing
it to be harmed, leading to mangled limbs, vital organ failure
or death after violating any clause from 5.2.1 to 5.2.9 or
Article 6.
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 – in any of
the
following situations:
31.1.1 Violation of Clause 4.2, namely a veterinarian (or a vet
’s aid) administering on economic
animals a drug other than
those in the declared categories, or failure to comply with
regulations stipulated according to 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’s refusal
to take corrective actions after
receiving advice about noncompliance about compulsory
registration of birth, acquisition, transfer, missing or death
of a pet, as required in regulations stipulated by the central
competent authority in accordance with Clause 19.3.
31.1.9 The owner’s refusal
to take corrective actions after
allowing a pet in a public venue or a place with public access
without a human companion over seven years of age in violation
of Clause 20.1.
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 – failure
to comply
may result in confistication of the animal – 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
ubject 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 Killing an animal in violation of Clause 12.1 without
due cause, OR killing or selling the carcass of a dog, cat or
animal banned from slaughter in violation of Clause 12.2,
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 – 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.
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