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Chapter Law Content

Title: Animal Industry Act CH
Category: Ministry of Agriculture(農業部)
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.