Chapter Seven Penalty Clauses
Article 38
Offenders meeting 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 Article 12-1 herein for engaging in promoting and making use of the breeding flock or breeding stock that has not undergone any field test, creatures' safety assessment and involving the transfer of genetic materials without due permission.
2. In violation of the provisions in Paragraph 1 of Article 29 herein for engaging in livestock slaughter operations outside a slaughterhouse privately, or inside a slaughterhouse without livestock inspection referred to in Paragraph 2 of the same article.
3. In violation of the provisions in Paragraph 1 of Article 32 for 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 other than the “Pass” labelling on the carcass, viscera or packaging materials specified in the preceding subparagraph.
5. In violation of the provisions in Article 37 for manufacturing or importing dairy products against CNS.
Offenders meeting 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 the provisions in Paragraph 1 of Article 29 herein for engaging in poultry slaughter operations outside a slaughterhouse privately, or inside a slaughterhouse without poultry inspection referred to in Paragraph 2 of the same article..
2. In violation of the provisions in Paragraph 1 of Article 32 for cutting, processing, transporting, storing or selling poultry 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.
The penalty imposed on those who commits offence mentioned in the 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 re-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 offender who commits the offence mentioned in Paragraphs 3 and 4 in the execution of business, while the corporation or natural person who employs said offender shall also be subjected to a penalty stipulated in the preceding paragraph.
In the condition referred to in the subparagraphs 2 and 3 of Paragraph 1, or Paragraph 2, the central competent authority may confiscate said carcasses and viscera without asking who owns them.
Article 39
Offenders meeting 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, pollution treatment facilities or outsourced waste treatment in accordance with the subparagraph 3 of Article 5 herein, or whose livestock/poultry waste treatment facilities or other major farming facilities are found failing to meet the standards specified in the subpararaph 3 or 4 of Article 5 herein.
3. Failing to comply with the provisions stipulated in Paragraph 2 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 herein.
5. Violate the regulation measures specified by the central competent authority in Article 23 herein.
6. Slaughterhouses found in violation of the provisions in Paragraph 2 of Article 29 concerning regulations on tethering, detention, isolated slaughter, emergency slaughter, condemned carcasses, handling of viscera, veterinary instructions, and other compliance requirements.
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 herein, 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 provision of data.
8. In violation of the provisions in Paragraph 2 of Article 32 herein for failing to dispose of the condemned carcasses or viscera by incineration, rendering or other necessary measures as instructed by the Veterinary Meat Inspector or other authorized inspectors.
9. The slaughterhouse which fails to mark carcasses, viscera or their packaging container that have passed the meat inspection with relevant statements in accordance with the provisions specified in Paragraph 4 of Article 32 herein.
10. Failing to apply for livestock and poultry breeding registration in accordance with Paragraph 2 of Article 43 herein.
11. In violation of the provision in Paragraph 2 of Article 43 herein regarding expansion of the scale of breeding operations, or failing to dispose 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 the subparagraphs 1 through 5, 10, or 11 of the preceding paragraph, the competent authority shall impose the fine as stipulated in the preceding paragraph and order the offender to take corrective actions within specific time limit. When the offender fails to do so, a separate fine will be imposed for each violation. In the event of the situation described in the subparagraphs 2, 3, or 11 of the preceding paragraph, offenders which have not improved after being fined for 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 the subparagraphs 6 through 9 of Paragraph 1, the central competent authority shall impose the fine as stipulated in Paragraph 1, and order the offender to take corrective actions within specific time limit.
Where the offender fails to do so, a separate fine shall be imposed for each violation until corrective actions have been taken, or the slaughter operation of the offender shall 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 the provisions in the first half of the subparagraph 2 or the latter half of the subparagraph 11 of Paragraph 1, for providing dead condemned carcasses for human consumption shall be fined more than NT$60,000 and less than NT $300,000. Re-offenders will have their breeding certificates and farm registration certificates revoked and rendered null and void.
Article 40
Offenders meeting 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 the provisions in Paragraph 1 of Article 12 herein for promotion or sale without permission.
2. In violation of the provisions in Paragraph 2 of Article 17 herein.
3. In violation of the provisions in Article 19 herein for importing or exporting breeding flock or breeding stock without permission.
Article 41
Offenders meeting any of the following conditions shall be subjected to a fine of more than NT$10,000, but less than NT $50,000:
1. The farm failing to file the application as required in Paragraph 1 of Article 8, and Article 8.1 herein in the event of suspension or closure of business, or change of registration status.
2. In violation of the provisions 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 or giving inflated fees in the inspection of the competent authority authorized by the provisions specified in Paragraph 1 of Article 10, Article 16, Paragraph 1 of Article 17, or Paragraph 1 of Article 31, or Paragraph 1 and Paragraph 2 of Article 34 herein.
4. The farm or veterinarian in violation of the provisions specified in Article 9 herein.
5. In violation of the provisions in Article 13 or 14 herein.
6. In violation of 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. Failing to pay the market regulation fees in accordance with Paragraph 1 of Article 28-1 or violating the payment deadline referred to in Paragraph 2.
Article 42
The fines stipulated in the Act herein shall be imposed by municipal or county (city) competent authority, but where the central competent authority finds the offences against the provisions in Chapter Five herein on Regulation of Livestock and Poultry Slaughter, the central competent authority shall impose the fine.
Offenders shall pay up the penalty imposed in accordance with the Act herein within prescribed period of time. Those who fail to do so shall be brought to justice and subject to a compulsory execution.