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Chapter Law Content

Title: Animal Industry Act CH
Category: Council of Agriculture(行政院農業委員會)
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.