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Chapter Law Content

Title: Animal Protection Act CH
Category: Ministry of Agriculture(農業部)
Chapter II General protection of animals
Article 4
4.1 The central competent authority shall form a panel – consisting of experts, scholars, officials from relevant agencies and representatives from legitimate animal welfare civic groups – to develop animal protection policies and education curriculum, as well as indicators and white paper for animal welfare, to be subject to a quarterly performance review. The number of experts, scholars and animal protection advocates combined – those not in official capacities – must not be less than two thirds of the panel.
4.2 When and if there is a shortage of animal drug to treat diseases, some categories of human drug declared by the central competent authority may be used in dogs, cats and non-economic animals as long as the veterinarian (or the vet’s aid) enters a note in the medical record.
4.3 Regulations governing the use and management of human drug on dogs, cats and non-economic animals -- as described in Clause 4.2 -- shall be stipulated by the central competent authority in collaboration with the central health competent authority.
Article 4-1
Authorities at all levels shall promote education and studies relevant to animal ethics and animal protection regulations to enhance public awareness about animal welfare; also instill such knowledge through the 12-year basic education curriculum.
Article 5
5.1 Only adults are eligible in the case of natural-person ownership. The statutory agent or legal guardian of a minor keeping or tending animals shall be the owner on behalf of the minor.
5.2 Regarding animals tended under his care, an owner shall comply with the followings:
5.2.1 Providing proper, clean and harmless food as well as adequate and clean water which should be available at all times.
5.2.2 Providing a living environment that is safe, clean, well- ventilated, non-flooding with proper and adequate shelter, lighting and warmth.
5.2.3 Providing necessary precaution against infectious animal diseases.
5.2.4 Preventing the animal from harassment, abuse or injury.
5.2.5 Providing adequate room for a caged pet to stretch and move about, while allowing sufficient out-of-cage activities.
5.2.6 For a pet kept on a leash and collar, using a leash longer than its body length allowing it to stretch and move about, and a collar that is safe, comfortable, breathable and of proper elasticity; also giving the pet sufficient outdoor activities whenever appropriate.
5.2.7 Must not tow the pet behind a car or motorcycle.
5.2.8 Moving the pet to a safe location with a chance to escape from a place with potential hazards.
5.2.9 Not confining a pet in an enclosed space for a long time; keeping the vent holes open to allow breathing.
5.2.10 Providing other proper care.
5.2.11 Other than neutering, a pet must not be subject to any non-essential or non-medical surgery.
5.3 An owner must not abandon any animal under his care unless it has been accepted for custody or disposal by an animal shelter, or a refuge designated by the local competent authority.
Article 6
One must not harass, abuse or injure any animal.
Article 6-1
6-1.1 One must not stage any animal performance, unless the local competent authority has granted a permit upon application, or the animal performance is of a permit-exempt type, condition, format or venue declared by the central competent authority.
6-1.2 For the permit in Clause 6-1.1, eligible applicants are social education organizations, leisure farms, tourist entertainment companies, or entities specified by the competent authority; the local competent authority shall reject the application in Clause 6-1.1 if the applicant or any of its employees has been convicted of an offense in Article 25 or Clause 25-1.1.
6-1.3 Upon notice by the local competent authority, the applicant in Clause 6-1.1 shall pay a monetary deposit, purchase liability insurance, or put up a surety bond which shall be forfeited to the local competent authority for proper care -- rearing, tending, placement or other means -- of performing animals in case the applicant fails to care for them properly.
6-1.4 The entity staging the animal performance shall provide proper facility, dedicated full-time staff, and report performing-animals’ relevant information to the competent authority for assessments. The competent authority shall order the entity failing the assessment to take corrective actions before a specific deadline; the authority may revoke the permit if the entity fails to meet the deadline.
6-1.5 Application rules of animal performance permit in Clause 6-1.1 (conditions, procedure, documents to submit, review criteria and permit period), qualification of the applicant and relevant staff in Clause 6-1.2, monetary deposit, liability insurance or surety bond in Clause 6-1.3 (payment method, amount, and disbursement), as well as caring for animals in Clause 6-1.4 (dedicated staff, animal facility, information to report, rearing and tending, assessment, permit revocation) and other requirements are to be stipulated by the central competent authority.
6-1.6 Animal performances already in progress by May 22, 2018 – amendment date of relevant clauses in this Act – shall be exempted from Clause 6-1.1, and may continue until the first anniversary of the effective date of the amendment.
Article 6-2
Maximum weekly hours, maximum service years, old-age care and requirements for dogs owned by government agencies -- for quarantine, controlled-drug enforcement, police, rescue or national defense purposes – shall be stipulated by the central competent authority.
Article 7
An owner shall prevent his animal from infringing on the life, body, freedom, or property of others without due cause.
Article 8
The central competent authority may specify and declare the breed names of animals banned from being owned, imported or exported.
Article 9
9.1 A transporter shall pay attention to food, water, excrement, surrounding conditions and safety of animals being transported, while keeping them from panicking, suffering or harm.
9.2 Transporters shall receive pre-job training to obtain a certificate for transporting the type of animals declared by the central competent authority as requiring special handling.
9.3 Transporters shall receive on-job training once every two years after obtaining the certificate described in Clause 9.2. Regulations governing transporter training, animal transport vehicles and protocols shall be stipulated by the central competent authority.
Article 10
10.1 One must not do the followings to any animal:
10.1.1 Conducting fights that pit an animal against another animal or human for direct/indirect gambling, entertainment, profit, business promotion or a dubious purpose.
10.1.2 Conducting animal races or contests for direct/indirect gambling.
10.1.3 Abusing, swapping or giving away animals for direct/indirect gambling or a dubious purpose.
10.1.4 Using excessive force or electric stunning to gather and drive animals, or causing harm when branding animals (with sharp tools) during their transport, auction or resting on the way to market/abattoir.
10.1.5 Subjecting economic animals in the abattoir to force-feeding of water/food, tying, tossing, hurling, cutting and bleeding without humanly rendering them unconscious first.
10.1.6 Any act that deviates from social norms.
Article 11
11.1 The owner shall provide necessary medical care to an injured or sick animal.
11.2 Animals must not be subject to medical treatment or surgery unless it is necessary for the health or management of animals. The treatment or surgery shall be conducted by a veterinarian, unless it is for emergency, scientific application, or situations declared by the central competent authority.
Article 12
12.1 No one shall be allowed to kill animals without due cause unless in any of the following situations:
12.1.1 For obtaining meat, skin, fur, feather or other intended economic gain that animal is reared for.
12.1.2 For scientific applications.
12.1.3 For epidemic control or species improvement.
12.1.4 For culling over-populated economic animals upon prior consent of competent authorities.
12.1.5 For relieving animals’ pain from injury or illness.
12.1.6 For preventing an imminent danger to the life, body, health, liberty, or property of human, or to public security.
12.1.7 For disposal at a shelter (or a designated local refuge) of an animal diagnosed by a veterinarian as having an incurable or notifiable infectious disease, causing unsanitary conditions, or posing hazards to human/animal health and public security.
12.1.8 For other circumstances in this Act or declared by the central competent authority.
12.2 The central competent authority may declare the type of animals banned from slaughter in 12.1.
12.3 One must not do any of the following, even on pretext of Clause 12.1.1:
12.3.1 Killing a dog/cat, selling, buying, eating or possessing the remains (carcass or offal) or food containing ingredients thereof.
12.3.2 Selling the carcass of an animal banned from slaughter by the central competent authority.
12.4 Animals eligible for reclamation or adoption according to Article 14-2 shall exclude those animals declared as banned from ownership, or importation in Article 8. However, for an animal already owned/imported and duly registered according to Clause 36.1 before the declaration, the owner is allowed to reclaim it.
12.5 Within two years from January 23, 2015 when this revision of the Act becomes effective, animal shelters -- or designated local refuges -- may kill those animals yet to be reclaimed, adopted or disposed of, after 12 days from the date of notification or public announcement. Such shelters are not bound by Clause 12.1.
Article 13
13.1 Anyone killing animals for reasons in Clause 12.1 shall do so in a humane way to minimize animals’ pain. Additional guidelines regarding animal killing are:
13.1.1 One must not kill animals in a public place or a venue with public access unless otherwise stipulated by the competent authority.
13.1.2 The act of putting a pet to death to relieve its pain shall be performed by a veterinarian unless in emergency.
13.1.3 A veterinarian shall personally conduct or supervise over the disposition of animals at an animal shelter or a designated local refuge.
13.1.4 Excess animals shall be culled in a way approved by the competent authority.
13.2 The central competent authority shall, based on actual needs, formulate protocols to put animals to death in a humane way.
13.3 Slaughterers of economic animals shall -- on an annual basis -- attend workshops on humane slaughter practices in training programs organized by the competent authority or a delegated entity.
Article 14
14.1 Based on demography of human and stray animal populations, local competent authorities shall set up animal shelters locally, or delegate private organizations/groups to set up animal shelters or specific venues for harboring and handling of:
14.1.1 stray animals caught by local competent authorities or members of the public,
14.1.2 animals whom the owner no longer wish to keep,
14.1.3 animals detained or confiscated by competent authorities according to this Act, or
14.1.4 animals in distress.
14.2 For a sheltered animal described in Clause 14.1 whose ownership cannot be confirmed, or whose owner -- though identified (through pet registration or other information) and notified -- fails to reclaim the lost pet within seven days from the notification date, the competent authority or shelter may declare this animal eligible for adoption, or have it neutered, or subject to other necessary disposal measures.
14.3 The central competent authority shall allocate budgets to subsidize local competent authorities in setting up animal shelters and carrying out animal protection tasks such as neutering, reclamation and adoption. Organization laws and operating procedures for public animal shelters shall be stipulated by the central competent authority.
14.4 Local competent authorities may devise incentive programs to supervise and assist private organizations/groups in setting up animal shelters.
14.5 Fees may be charged for services provided by animal shelters or designated local refuges. Fee standards are to be formulated by local competent authorities.
Article 14-1
14-1.1 One must not capture animals by any of the following means:
14-1.1.1 explosive material,
14-1.1.2 poison,
14-1.1.3 electricity,
14-1.1.4 corrosive substance,
14-1.1.5 firearms other than a tranquilizing gun,
14-1.1.6 traps, or
14-1.1.7 any method declared to be banned by competent authorities.
14-1.2 Competent authorities may remove, dismantle and destroy devices for any of the prohibited methods in Clause 14-1.1 without official consents. The landlord, user or person in charge must not evade, obstruct or refuse.
Article 14-2
One must not manufacture, sell, display, import or export animal traps without prior approval from the central competent authority.