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Title: Animal Industry Act CH
Amended Date: 2010-11-24
Category: Ministry of Agriculture(農業部)
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.