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Chapter Law Content

Title: Animal Protection Act CH
Category: Ministry of Agriculture(農業部)
Chapter VI Penalty
Article 25
25.1 A jail term or penal servitude under two years, in conjunction with a fine over NT$200,000 and under NT$2,000,000 will be imposed for any of the following situations:
25.1.1 Killing, deliberate hurting, or causing injury of an animal in violation of Clause 5.2, Article 6, or Clause 12.1 resulting in mangled limbs, or vital organ failure of the animal.
25.1.2 Violation of Clause 12.2 or Clause 12.3.1, namely killing a dog/cat or an animal banned from slaughter as declared by the central competent authority.
Article 25-1
25-1.1 A jail term of no less than one year and up to five years in conjunction with a fine over NT$500,000 and under NT$5,000,000 will be imposed on a person in serious violation of Clause 5.2, Article 6, Clause 12.1, Clause 12.2 or Clause 12.3.1with drugs or fire arms to cause death of multiple animals.
25-1.2 The competent authority may publicize the offender’s name, photo and facts about any offense described in Article 25 or Clause 25-1.1.
Article 25-2
25-2.1 A fine of over NT$100,000 and underNT$3,000,000 will be imposed on anyone that operates breeding, trading and lodging business of specific breeds of pets in violation of Clause 22.1, namely without a permit issued by the local competent authority. In addition to the fine, the offender shall be ordered to close down the business. The offender shall be fined for each closure deadline extended but missed.
25-2.2 The local competent authority may confiscate the animal under the charge of the offender in violation of Articles 25 or Article 25-1, or the specific breed of pets for breeding or trading in Articles 25-2.1.
Article 26
A fine over NT$50,000 and under NT$250,000 will be imposed in any of the following situations:
26.1.1 Violation of Clause 6-1.1, namely staging an animal performance.
26.1.2 Violation of Article 8, namely owning, exporting or importing a breed of animals whose ownership, exportation and importation have been banned by the central competent authority.
26.2 The local competent authority may, regardless of ownership, confiscate the animal involved in Clause 26.1.1.
Article 27
27.1 A fine of over NT$50,000 and under NT$250,000 will be imposed – the offender’s name, photo, and fact of offense may be publicized; the offender may be required to take corrective actions by a deadline; the fine may be imposed for each deadline extended and missed – in any of the following situations:
27.1.1 Violation of Clause 10.1.1, namely facilitating fights that pit one animal against another or against human.
27.1.2 Violation of Clause 10.1.1, namely fighting against animals.
27.1.3 Violation of Clause 10.1.2, namely operating animal races for gambling directly or indirectly.
27.1.4 Violation of Clause 10.1.3, namely directly or indirectly offering animals for swaps or gifts in a gamble or illicit activity.
27.1.5 Violation of Clause 10.1.6, namely using animals in a manner deviating from social norms.
27.1.6 Violation of Clause 12.3, namely selling, buying, eating or possessing the remains -- carcasses, offal or food containing dog/cat parts, or carcasses of animals banned from slaughter as declared by the central competent authority.
27.1.7 Violation of regulations governing pet breeding as stipulated by the central competent authority in accordance with Clause 22.2.
27.1.8 Violation of Clause 22.3, namely -- after choosing not to neuter the animal -- failure to file a breeding management plan, or breeding an animal without prior filing for record of such a need.
27.1.9 The action to manufacture, process, repackage, wholesale, retail, import, export, give away for free, or display for sale a pet food in conditions described in Clause 22-4.1.1 or Clause 22-4.1.2.
27.1.10 Noncompliance of Article 23-2, namely failure to recall, destroy or properly dispose of tainted products by a deadline specified by the local competent authority.
Article 27-1
A jail term or penal servitude under one year, or a fine of under NT$30,000, or both, will be imposed for an action to disseminate, broadcast, or sell text, picture, audio or video recording, electronic record that violates Article 6, Article 10, or Clause 12.1; or to display the above in public, or to allow others to watch and/or listen.
Article 28
28.1 A fine over NT$40,000 and under NT$200,000 will be imposed – the offender’s commercial name, personal name and photo may be publicized; the offender may be required to take corrective actions by a deadline; the fine may be imposed for each deadline extended and missed; the permit may be revoked after three offenses – in any of the following situations:
28.1.1 Failure to comply with qualifications for breeding, trading, and lodging vendors of specific breeds of pets, their facilities and full-time staffs, as stipulated by the competent authority according to Clause 22.2.
28.1.2 Violation of Clause 22-1.1, namely acquisition of specific breeds of pets from breeders or traders without permits; or trading or transferring such animals to a third party without implanting ID microchips.
Article 29
29.1 A fine of over NT$30,000 and under NT$150,000 will be imposed for any of the following situations:
29.1.1 Violation of Clause 5.3, namely animal abandonment.
29.1.2 Noncompliance of rules stipulated under Clause 6-1.5, namely those about monetary deposit, liability insurance or surety bond, dedicated full-time staff, animal facility, information reporting, and animal rearing/tending.
29.1.3 Noncompliance of Article 24, namely failure to take corrective actions or properly dispose of animals before a deadline upon violating Clause 15.1, Article 17 or Article 18.
29.1.4 Noncompliance of Article 16-1, namely failure to form a panel for proper care and use of laboratory animals.
29.1.5 Violation of Clause 20.2, namely allowing an aggressive pet to roam about in a public venue or a place with public access without adult supervision or proper precaution.
29.1.6 Violation of Clause 23.3, namely the action to evade, obstruct, or refuse enforcement by animal protection inspectors.
29.1.7 The action to manufacture, process, repackage, wholesale, retail, import, export, give away for free, or display for sale a pet food described in Clause 22-4.1.3 and Clause 22-4.1.4.
29.1.8 Failure to take corrective actions before a specific deadline for noncompliance of Clause 22-5.1 about labeling.
29.1.9 Noncompliance of Clause 22-5.2, namely making false, exaggerated, or misleading statements in labeling, promotion material or advertisement.
29.1.10 Nonconformance of Clause 22-5.3, namely the action to manufacture, sell, import, export or use containers or packages described therein for pet food.
29.1.11 Noncompliance of Clause 23-1.4, namely the action to evade, obstruct, or refuse inspection or sampling test by inspectors.
29.2 The local competent authority may, regardless of ownership, confiscate the animal involved in Clause 29.1.2 or 29.1.3.
Article 30
30.1 A fine of over NT$15,000 and under NT$75,000 will be imposed in any of the following situations:
30.1.1 Violation of any provision from Clause 5.2.1 to 5.2.10 or Article 6 with intention (to deliberately injure or cause injury to an animal, but short of leading to mangled limbs, loss of major organ functions or death), or out of gross negligence (thus accidentally injure or cause injury to an animal leading to mangled limbs, loss of major organ functions, or death).
30.1.2 Violation of Clause 5.2.11, namely subjecting a pet to any non-essential or non-medical surgery other than for neutering.
30.1.3 Failure to take corrective actions before a deadline specified by a local competent authority regarding a violation of Clause 11.1, namely not providing necessary medical care to an injured or sick animal.
30.1.4 Violation of Clause 13.1.1 namely killing animals in a public venue or a place with public access.
30.1.5 Noncompliance of Clause 13.1.4 namely failure to cull animals in a manner approved by the competent authority.
30.1.6 Noncompliance of Clause 13.2, namely failure to abide by the guideline for animal slaughter as stipulated by the central competent authority.
30.1.7 Noncompliance of Clause 14-1.1, namely capturing animals by a means that is banned.
30.1.8 Violation of Article 14-2, namely the action to manufacture, sell, display, import or export animal traps without prior consent of the central competent authority.
30.1.9 Noncompliance of Clause 22-2.2, namely refusal or failure of the breeder or trader to provide to the buyer documents about the pet in the transaction.
30.1.10 Noncompliance of Clause 22-2.3, namely failure of vendors of pet breeding, trading or lodging business to indicate the permit number in electronic, print, telecommunication or other media for business promotion.
30.2 A jail term up to two years will be imposed for a deliberate repeat offense of any clause from 30.1.1 to 30.1.8 within five years from the date the previous penalty notice is served on an offense of any clause in that group.
Article 30-1
30-1.1 A fine of over NT$3000 and under NT$15,000 will be imposed in any of the following situations; the fine may be imposed each time the offense occurs:
30-1.1.1 Failure to take corrective actions before a deadline after violating – but not causing injury to the animal -- any clause from 5.2.1 to 5.2.10.
30-1.1.2 Violation of any provision from Clause 5.2.1 to 5.2.10 or Article 6 out of negligence (thus accidentally injure or cause injury to an animal but short of leading to mangled limbs, loss of major organ functions, or death).
30-1.1.3 Noncompliance of Clause 22.4, namely failure to take corrective actions before a specific deadline after being required to provide status report of the pet of a specific type, and the information about the previous/subsequent owners whom the pet is transferred from or to.
Article 31
31.1 A fine of over NT$3000 and under NT$15,000 will be imposed -- the offender may be required to take corrective actions before a specific deadline, and the fine may be imposed each time the deadline is extended but missed – in any of the following situations:
31.1.1 A veterinarian (or a vet’s aid) administering drugs other than those in the declared categories, on economic animals in violation of Clause 4.2; or any person failing to abide by the rules stipulated under Clause 4.3.
31.1.2 Noncompliance of Clause 9.2 by a transporter, namely operating animal transport business without completing a pre-job training to get a certificate.
31.1.3 Noncompliance of Clause 9.3 by a transporter, namely failure to get once-every-two-year on-job training offered by the competent authority or a delegated entity.
31.1.4 Violation by a transporter of guidelines for animal transport vehicles and processes stipulated by the central competent authority according to Clause 9.3.
31.1.5 Violation of Clause 11.2 namely conducting medical treatment or surgery for purposes other than animal health or management.
31.1.6 Violation of Clause 13.1.2, namely killing animals without a qualified veterinarian, or in a non-emergency situation.
31.1.7 Violation of Clause 13.1.3 namely animals killed by someone other than a qualified veterinarian, or without the supervision of a veterinarian.
31.1.8 The owner failing to meet registration deadlines – about birth, acquisition, transfer, missing or death of a pet – stipulated under Clause 19.3 by the central competent authority.
31.1.9 The owner violating Clause 20.1, namely allowing a pet to be in a public place or venue with public access without a human companion over seven years of age.
31.1.10 Failure to take corrective actions before a specific deadline regarding noncompliant of Clause 22-3.1 in filing for the record, or noncompliance of requirements stipulated according to Clause 22-3.2 for the content, format, deadline, procedure and other aspects of the filing.
31.2 A jail term under one year will be imposed for a deliberate repeat offense of any clause from 31.1.4 to 31.1.7 within two years from the date a previous penalty notice is served on an offense of any clause in the same group.
Article 32
32.1 The local competent authority may confiscate an owner’s animals in any of the following situations:
32.1.1 Violation of Clause 5.2, namely an owner subjecting his animals to ill-intended or gratuitous harassment, abuse, or harm that potentially may lead to death.
32.1.2 Animals abandoned by an owner in violation of Clause 5.3.
32.1.3 Offense of Article 7, namely animals having caused unjustified death or bodily harm of human.
32.1.4 Owner’s failure to take corrective actions after receiving advice about the violation of Article 7, and the animal continues to infringe on freedom or property of others without due cause.
32.1.5 Violation of Article 8, namely owning, importing or exporting animals declared to be banned from being owned, imported or exported.
32.2 Owners violating any clause from 32.1.1 to 32.1.5 may be banned by the local competent authority from adopting animals from shelters under its jurisdiction, or be denied the permit to operate a pet breeding, trading or lodging business.
Article 33
33.1 The local competent authority shall demand the owner to take corrective actions before a deadline, in addition to imposing penalties according to this Act – failure to comply may result in confistication of the animal – in one of the following situations:
33.1.1 Violation of Clause 5.2, namely the owner subjecting his animal to ill-intended or gratuitous harassment, abuse, or harm.
33.1.2 Using animals in a way violating of Article 10.
33.1.3 Noncompliance of Clause 11.1, namely failure to provide necessary medical care to an animal.
33.1.4 Violation of Clause 20.2, namely the owner allowing an aggressive pet to be present at a public place or a venue with public access without adult human company, and without necessary precautions.
33.2 Owners violating any clause from 33.1.1 to 33.1.4 may be banned by the local authority from adopting animals from shelters under its jurisdiction, or be denied the permit to operate a pet breeding, trading or lodging business.
Article 33-1
33-1.1 No one shall be allowed to own a pet of specific breeds subject to compulsory registration in Clause 19.1, or to adopt a sheltered animal described in Clause 14.1 if he has previously committed any of the followings:
33-1.1.1 Animal abandonment,
33-1.1.2 Surrendering to shelter custody an animal he no longer wishes to keep,
33-1.1.3 Noncompliance of any clause in Clause 5.2 for animals under his care,
33-1.1.4 Violation of Article 6, namely the action to harass, abuse or injure an animal,
33-1.1.5 Any of the prohibited behaviors described in Article 10,
33-1.1.6 Failure to provide necessary medical care to an injured or sick animal in violation of Clause 11.1,
33-1.1.7 Violation of Clause 12.1, namely killing an animal without due cause, or violation of Clause 12.2 or Clause 12.3, namely killing dogs/cats or animals banned from slaughter, selling, buying, eating or possessing the carcass, offal or food containing parts of such animals,
33-1.1.8 Causing his animals to be confiscated by a local competent authority citing Clause 32.1 or Clause 33.1.
33-1.2 A fine of over NT$3000 and under NT$15,000 will be imposed on the person owning a pet or adopting animals in violation of Clause 33-1.1; the local competent authority shall also confiscate the pet or animal involved.
33-1.3 Anyone convicted of a crime, receiving a deferred prosecution or a monetary fine for any situation in Clause 33-1.1 or any clause from Article 25 to Article 31, may be required by the local competent authority to attend an animal protection course part of which is hands-on practice in an animal shelter. Regulations governing the format, content, fee collection and requirements of the training course shall be stipulated by the central competent authority.
Article 33-2
33-2.1 The local competent authority shall compile and submit a quarterly report to the central competent authority regarding violations of any clause from Article 25 to Article 33-1.
33-2.2 The central competent authority shall consolidate the reports described in Clause 33-2.1 and distribute to each competent authority and animal shelter as the basis for refusing/approving an adoption, or imposing penalty according to Clause 33-1.2.
33-2.3 Local competent authority shall keep confidential the identity and relevant information of a whistleblower who provides evidence leading to the discovery of any violation of this Act. The authority may offer rewards.
33-2.4 Guidelines for whistleblower rewards, as mentioned in Clause 33-2.3, shall be formulated by the central competent authority.
Article 34
The local competent authority shall be the agency to impose monetary fines stipulated in this Act.
Article 35
Failure to pay the fine – imposed according to this Act -- before a deadline will be referred to the court for mandatory enforcement.