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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 13:50
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Chapter Law Content

Chapter 5 Compensations for Losses and Penalties
Article 40
In accordance with the provisions of this Act, if animals that died or have fetuses aborted, due to physical examination, immunization, vaccination, medicated bathing, or medication administered by animal health inspection officer, or culled animals and materials are destroyed, compensation are granted unless the owner or keeper violates the requirements of Paragraph 1 of Article 12, or fails to follow the instructions of animal health inspection officer. The competent authority of the special municipality or county (city) shall organize an evaluation committee to assess the price and issue compensation fees based on the following standards:
1. Healthy animals dying or fetuses aborted as a result of physical examination, immunization, vaccination, medical bath, or medication, are compensated within the evaluated price;
2. Animals culled for suspicion to be infected or potentially infected with an infectious animal disease are compensated within the evaluated price;
3. Animals culled for etiology identification are compensated within the evaluated price;
4. Animals culled for having an infectious animal disease are compensated within three-fifths of the evaluated price. However, if the disease is a new one, or an old one reappearing after a lapse of over two years within national borders, the owner or keeper who reports the first case voluntarily will be compensated within the evaluated price for animals culled;
5. Materials destroyed are compensated within half of the evaluated price; and
6. Upon prior consent of authorities, animals slaughtered at the slaughterhouse to limit the potential of disease outbreak are compensated fully to cover the difference between evaluated price and the actual sales price.
The composition and evaluation standards for the valuation committee in the preceding Paragraph are prescribed by the central competent authority.
No compensation is paid for animals or materials that are handled in accordance with Subparagraphs 2 to 5 of Paragraph 1 during import and export quarantine, or animals that die during quarantine period.
The compensation mentioned under Paragraph 1 is borne by the competent authority of the special municipality or county (city); however the central competent authority may provide subsidies.
Article 41
Any person who imports quarantine objects that are prohibited from being imported under Subparagraph 1, Paragraph 1 of Article 33 without authorization is sentenced to imprisonment for not more than 7 years; in addition to that, a fine of not more than 3,000,000 New Taiwan Dollars may be imposed.
Regardless of the ownership of quarantine objects mentioned in the preceding Paragraph, they may be confiscated by the import/export animal quarantine authorities before the Court of First Instance is announced.
In the case that a representative of a juridical person, or an agent, employee, or other person engaged in the relevant business activities of a juridical or natural person commits the violations as stipulated in Paragraph 1 in the performance of their duties, in addition to punishing the offender(s), a criminal fine as referred to in Paragraph 1 is also imposed upon the juridical or natural person concerned. However, if the representative of the juridical person or ordinary person has tried the best efforts to prevent crimes from happening, the juridical persons or ordinary persons are exempted from the punishment.
Article 41-1
If the owner of the transportation vehicle commits the acts stipulated in the preceding Paragraph, or if the owner intentional or gross negligence causes a third party to engage in such acts by using his or her transportation vehicle, hereby spreading a specific type of infectious animal disease or causing a risk of spreading it, such transportation vehicle shall be confiscated.
The same shall apply to those who knowingly acquire ownership of the transportation vehicle with the circumstances as stipulated in the preceding Paragraph.
The central competent authority announces the specific infectious animal diseases referred to in Paragraph 1.
Confiscations mentioned in Paragraph 1 are conducted by authorities in charge of search and seizure.
Article 42
If any of the following circumstances occur, a fine of more than 50 thousand New Taiwan Dollars but less than 1 million New Taiwan Dollars is imposed, and the offender may be ordered to make rectifications within a specified period. Those who fail to rectify by the deadline may be fined repeatedly:
1. Animal owners or keepers violate the provision of Paragraph 1 of Article 19 regarding moving animals out of quarantine areas without permission.
2. The importers or their agents violate the provision of Paragraph 2 of Article 34-1 and fail to deliver the animals subject to post-entry quarantine to the animal quarantine premises or other designated places for post-entry quarantine within a specified period by following the instructions of animal quarantine officer.
3. Violation of Paragraph 3 of Article 34-1 regarding moving animals subject to quarantine, related quarantine objects or medicines into or out of the animal quarantine premises or other designated places without permission of the import/export animal quarantine authority during the quarantine period.
4. The car conductors, captains, pilots, managers, or their agents in charge of transportation, violate the provisions of Paragraph 2 of Article 35 by failing to report to the animal quarantine officer or to implement necessary measures according to instructions before unloading.
Any person, who commits the violations stipulated in the Subparagraphs of the preceding Paragraph and causes the spread or transmission of animal diseases, is sentenced imprisonment for up to three years or detention; in addition to that, a fine of not more than one million New Taiwan Dollars may be imposed.
In the case that a representative of a juridical person, or an agent, employee, or other person engaged in the relevant business activities of a juridical or natural person commits the violations as stipulated in the preceding Paragraph in the performance of their duties, in addition to punishing the offender(s), a criminal fine as referred to in the preceding Paragraph is also be imposed upon the juridical or natural person concerned. However, if the representative of the juridical person or ordinary person has tried the best efforts to prevent crimes from happening, the juridical persons or ordinary persons shall be exempted from the punishment.
Article 43
If any of the following circumstances occur, a fine of more than 50 thousand New Taiwan Dollars but less than 1 million New Taiwan Dollars is imposed, and the offender may be ordered to make rectifications within a specified period. Those who fail to rectify by the deadline may be fined repeatedly:
1. Violation of Article 10-2. Persons intentionally spread rumors or false information about infectious animal diseases which cause damage to the public or others.
2. Violation of Paragraph 1 of Article 12. The animal owners, keepers, or transport operators fail to report to the animal health inspection authority or complete the necessary measures according to instructions of the animal health inspection officer.
3. Violation of Paragraph 2 of Article 12-1. Persons who hold and use infectious biological materials evade, obstruct, or refuse counseling or inspection of competent authorities at all levels.
4. Violation of Paragraph 1 of Article 13-1. A veterinarian or veterinarian technician violates the provisions regarding the type, and time of vaccine administration, attached label, submission, application of relevant documents, or movement control or other preventive and control measures to be implemented; veterinary medicine distributors sell the type of vaccine that is not approved by the central competent authority in accordance with Paragraph 1 of Article 13-1.
5. Violation of Paragraph 1 of Article 17. A veterinarian or veterinarian technician fails to report to the local animal health inspection authority.
6. Violation of Paragraphs 1 or 2 of Article 19. Owners or keepers of animals move animals into or out of animal quarantine premises or fail to segregate animals and implement necessary measures by following the instructions of animal health inspection officer.
7. Violation of Article 23 or violation of Paragraph 1 of Article 26. Owners or keepers of animals fail to follow the instruction of animal health inspection officer or report to animal health inspection officer.
8. Violation of Paragraph 1 of Article 28 by owners or keepers fail to implement one of the measures announced by competent authorities at all levels.
9. Violation of Paragraph 3 of Article 32. Owners or keepers of export quarantine objects fail to follow protocols regarding the provision of quarantine procedures, export registration, hygiene management, sampling and testing, disease notification, or audits.
10. Violation of Paragraph 4 of Article 32. Owners or keepers of quarantine objects fail to comply with regulations pertaining to inspection, feeding management, report, or disease notification.
11. Violation of Paragraph 1 of Article 34. Importers or their agents of quarantine objects fail to apply for quarantine.
Article 44
If any of the following circumstances occur, a fine of more than 20 thousand New Taiwan Dollars but less than 100 thousand New Taiwan Dollars shall be imposed, and the offender may be ordered to make rectifications within a specified period. Those who fail to rectify by the deadline may be fined repeatedly:
1. Proprietors of rendering plants that violate any provision regarding Subparagraphs 2 to 6 of Paragraph 1 of Article 16.
2. Proprietors of rendering plants or transport operators of raw material who violate the provisions of Subparagraphs 1 or 2 of Paragraph 2 of Article 16.
3. Proprietors of rendering plants or transport operators of raw material who violate the provisions of Paragraph 3 of Article 16. The methods for the installation, items, disinfection methods and procedures shall be indicated in the contracts regarding disinfection facilities and equipment, or provisions of disinfection equipment, closed systems for preventing leakage, presenting of the certificate, audit, reporting, loading/unloading of raw materials, and loading operations of transport vehicle.
4. Captains of vessels or their agents who violate the provisions of Paragraph 3 of Article 35, and do not record details in the logbook according to the provisions of Article 25.
5. Exporters or their agents of quarantine objects who violate the provisions of Paragraph 1 of Article 36 and do not apply for quarantine.
6. Violation of the provisions of Article 38-1. Failure to transport or destroy food and catering waste in the manner approved by the import/export animal quarantine authorities.
Article 45
If any of the following circumstances occur, a fine of more than 30 thousand New Taiwan Dollars but less than 150 thousand New Taiwan Dollars shall be imposed, and the offender may be ordered to make rectifications within a specified period. Those who fail to rectify by the deadline may be fined repeatedly:
1. Owners or relevant entities evade, obstruct, or refuse the animal health inspection officer, or inspection, assessment, or inquiry implemented by the animal quarantine officer, pursuant to Paragraphs 1 or 2 of Article 9.
2. Violation of Paragraphs 1, 2, or 4 of Article 13. Owners or keepers of animals attempt to destroy and forge attached marks, signs, or certified documents, fail to take animal preventive and control measures, as well as evade, obstruct, or refuse preventive and control measures set by the animal health inspection officer or practicing veterinarians.
3. Violation of Paragraph 1 of Article 13-1. Owners or keepers of animals fail to comply with the provision regarding the type and time of vaccine administration, attached label, submission, application of relevant documents, or movement control or other preventive and control measures to be implemented.
4. Violation of Paragraph 1 of Article 14. Owners or keepers of animals fail to implement preventive and control measures in designated areas, as required by the special municipality or county (city) competent authority.
5. Animal transport operators who fail to implement cleaning and disinfection measures in accordance with Paragraph 2 of Article 14, comply with the cleaning and disinfection measures specified in Paragraph 3 of Article 14, or use disposable/single-use containers or packaging materials pursuant to Paragraph 4 of Article 14 under the situations of no improvement despite repeated warnings or additional violation within one year.
6. Violation of Article 14-1 regarding the prohibited matters announced by the central competent authority.
7. Violation of Article 15. Owners or keepers of animals fail to comply with the directive of the special municipality or county (city) competent authority with regard to providing autopsy or following the instruction of animal health inspection officer to incinerate and bury animal carcasses.
8. Violation of Paragraphs 1 or 3 of Article 20, as applied mutatis mutandis pursuant to Subparagraph 1, Paragraph 1 of Article 20.
Owners or keepers of animals fail to follow the instruction of animal health inspection officer to cull, incinerate, bury, disinfect, render, or implement other necessary measures in handling animals.
9. Violation of Article 22. Owners or keepers of animals fail to follow instructions with regard to controlling animals' actions or providing other necessary assistance, or evading, obstructing, or refusing instructions.
10. Violation of Article 24. Exhuming remains from burial sites or defacing warning signs without permission.
11. Violation of the directive of the special municipality, county (city) competent authority in accordance with Article 29.
12. Violation of Subparagraph 2, Paragraph 1 of Article 33 or Paragraph 3 of Article 33. Importers or their agents of quarantine objects fail to comply with the provisions pertaining to the application of import permit before importing.
13. Violation of Paragraph 3 of Article 34. The recipients fail to deliver imported quarantine objects to the import/export animal quarantine authorities for destroying.
14. Violation of Paragraph 4 of Article 34. Importers or their agents of quarantine objects destroy the packaging of quarantine objects, move objects, or commit acts that could spread infectious animal diseases without permission of import/export animal quarantine authorities.
15. Violation of Paragraph 1 of Article 34-1. Importers or their agents of animals fail to apply for post-entry quarantine space at animal quarantine premises or other designated places prior to exportation/importation.
16. Violation of Paragraph 1 of Article 34-3. Owners or their agents of quarantine objects fail to apply to the import/export animal quarantine authorities for quarantine inspection before transit or transshipment.
17. Violation of Paragraph 1 of Article 35. Car conductors, captains, pilots, managers, or their agents in charge of transportation, evade, obstruct, or refuse the necessary measures taken by the animal quarantine officer.
18. Violation of provisions of Paragraph 3 of Article 38. Failure to implement measures announced by the import/export animal quarantine authorities.
Article 45-1
Passengers or serving personnel on the vehicles, vessels, or aircraft who do not apply for quarantine inspections in accordance with Paragraph 2 of Article 34 are fined of more than 10 thousand New Taiwan Dollars but less than 1 million New Taiwan Dollars.
Article 46
The fines stipulated in the Act are imposed by the special municipal or county (cities) competent authority, or import/export animal quarantine authorities.
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