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Chapter Law Content

Chapter 5 Compensations for Losses & Penalties
Article 40
Unless the owner/keeper fails to comply with Paragraph 1 of Article 12, or fails to follow the instructions of the animal health inspection personnel, animals died or culled, fetuses aborted, or materials destroyed as a result of measures in the Statute physical examination, immunization, vaccination, medical bath or treatment by animal health inspection personnel – shall be compensated at prices set by a valuation committee organized by the local competent authority (municipal, county or city) as follows:
1.Healthy animals died or fetuses aborted as a result of physical examination, immunization, vaccination, medical bath or treatment, shall be compensated within the evaluated price.
2.Animals culled for suspicion of having or possibly contact with an infectious animal disease shall be compensated within the evaluated price.
3.Animals culled for etiology identification shall be compensated within the evaluated price.
4.Animals culled for having an infectious animal disease shall be compensated within three fifths of the evaluated price. However, if the disease is a new one, or an old one reappearing after a lapse of over two years within national borders, the owner/keeper to notify the authority will be compensated within the evaluated price for animals culled.
5.Materials destroyed shall be compensated within half of the evaluated price.
6.Upon prior consent of authorities, animals slaughtered at the abattoir to limit the potential of disease outbreak shall be compensated fully to cover the difference between evaluated price and the actual sales price.
The composition and evaluation standards for the valuation committee in the paragraph above shall be stipulated by the central competent authority.
No compensation shall be paid for animals died or animal/materials disposed of according to Items II to V above during import/export quarantine period.
The compensation in the previous paragraph shall be borne by local (municipal, county and city) competent authorities; however the central competent authority may provide subsidies.
Article 41
Offenders in violation Subparagraph 1, Paragraph 1 of Article 33, by importing in prohibited quarantine objects, shall be sentenced to imprisonment for not more than 7 years; in addition thereto, a fine of not more than NT$ 3,000,000 may be imposed.
Regardless of the ownership of aforementioned objects are, they shall be confiscated by the import/ export animal quarantine authorities before the Court of first instance is announced.
For representatives of juridical persons, agents of juridical persons or ordinary persons, employed persons or other professionals who enforce their duty and have violated the provision of the Paragraph 1, penalties shall be imposed on the persons who actually failed to follow the said provision as well as the juridical persons or ordinary persons involved. However, if the representatives of juridical persons or ordinary persons have tried to prevent crimes from happening, the juridical persons or ordinary persons shall not be penalized.
Article 41-1
Owners of the means of transport who violate the provision of the Paragraph 1 of the previous Article, intentionally or damage result from gross negligence cause a third-party to violate the same provision by using the said owner of the means of transport thereby causing or suspected to cause the spread of specific animal diseases, such means of transport shall be confiscated.
The above provision applies to persons who, despite knowing that the said means of transport had committed violation of the previous Article, still acquired ownership thereof.
The central competent authority shall announce the specified period and specific animal diseases referred to in the first Paragraph.
Confiscations mentioned in the first Paragraph shall be conducted by authorities in charge of search and seizure.
Article 42
A fine of NT$50,000 to NT$1,000,000 shall be imposed for any of the following violations, which should be notified to make improvements within a specified time period. Those that still fail to complete improvements by the deadline shall be subject to an additional fine imposed for each violation.
1.When animal owners or keepers violate the provision of Paragraph 1 of Article 19 regarding moving animals out of quarantine areas without permission.
2.The importers or their agents violate the provision of Paragraph 2 of Article 34-1 and fail to deliver the animals subject to post-entry quarantine to the animal quarantine premises or other designated places for post-entry quarantine within a specified period by following the instructions of animal quarantine personnel.
3.Violation of Paragraph3 of Article 34-1 regarding moving animals subject to quarantine, related quarantine objects or medicines into or out of the animal quarantine premises or other designated places without permission of the import/ export animal quarantine authority during the quarantine period.
4.The owners of vehicles, captains, first pilots, administrators or their agents in charge of transportation, violate the provisions of Paragraph 2 of Article 35 by failing to report to the animal quarantine personnel or to implement necessary measures according to instructions before unloading.
In violations stated in the previous paragraph of this Article that results in the spread or transmission of animal diseases, offenders shall be sentenced to not more than three years imprisonment or detention; in addition thereto, a fine of not more than NT$1,000,000 may be imposed.
For representatives of juridical persons, agents of juridical persons or ordinary persons, employed persons or other professionals, who enforce their duty and violate the provision specified in the previous Paragraph, there shall be penalties imposed on the persons who have actually violated the provision as well as the juridical persons or ordinary persons involved. However, if the representatives of judicial persons or ordinary persons fulfilled their obligation to prevent a crime from happening, the judicial persons or ordinary persons shall not be penalized.
Article 43
A fine of NT$50,000 to NT$1,000,000 shall be imposed for any of the following violations, which should be notified to make improvements within a specified time period.
Those that still fail to complete improvements by the deadline shall be subject to an additional fine imposed for each violation.
1.Violation of Article 10-2. Persons intentionally spread rumors or false information about infectious animal diseases which cause damage to the public or others.
2.Violation of Paragraph 1 of Article 12. The animal owners, administrators or transport operators fail to report to the animal health inspection authority or complete the necessary measures according to instructions of animal health inspection personnel.
3.Violation of Paragraph 2 of Article 12-1. Persons who hold and use infectious biological materials evade, interfere or refuse counseling or inspection of competent authorities at all levels.
4.Violation of Paragraph 1 of Article 13-1. A veterinarian or veterinarian paraprofessional violates the provisions regarding the type, and time of vaccine administration, attached label, submission, application of relevant documents, or movement control or other preventive and control measures to be implemented; veterinary medicine distributors sell the type of vaccine that is not approved by the central competent authority in accordance with Paragraph 1 of Article 13-1.
5.Violation of Paragraph 1 of Article 17-1. A veterinarian or veterinarian paraprofessional fail to report to the local animal health inspection authority.
6.Violation of Paragraph 1 or Paragraph 2, Article 19. Owners or keepers of animals move animals into or out of animal quarantine premises or fail to segregate animals and implement necessary measures by following the instructions of animal health inspection personnel.
7.Violation of Article 23 or violation of Paragraph 1 of Article 26. Owners or keepers of animals fail to follow the instruction of animal health inspection personnel or report to animal health inspection personnel.
8.Violation of Paragraph 1, Article 28. Owners or keepers fail to implement measures announced by competent authorities at all levels.
9.Violation of Paragraph 3, Article 32. Owners or keepers of export objects subject to quarantine fail to follow protocols regarding provision of quarantine procedures, export registration, hygiene management, sampling and testing, disease notification or audits.
10.Violation of Paragraph 4 of Article 32. Owners or keepers of quarantine objects fail to comply with regulations pertaining to inspection, feeding management, report or disease notification.
11.Violation of Paragraph 1, Article 34-1. Importers or their agents of quarantine objects, fail to apply for quarantine.
Article 44
A fine of NT$ 20,000 to NT$100,000 should be imposed for any of the following violations, which should be notified to make improvements within a specified time period. Those that still fail to complete improvements by the deadline shall be subject to an additional fine imposed for each violation.
1.Proprietors of rendering plants that violate any provision regarding Subparagraph 2 to 6 of Paragraph 1 of Article 16.
2.Proprietors of rendering plants or transport operators of raw material who violate Subparagraph 1 or Subparagraph 2 of Paragraph 2 of Article 16.
3.Proprietors of rendering plants or transport operators of raw material who violate the provisions of Paragraph 3, Article 16. The methods for the installation, items, disinfection methods and procedures should be indicated in the contracts regarding disinfection facilities and equipment, or provisions of disinfection equipment, closed systems for preventing leakage, presenting of the certificate, audit, reporting, loading/ unloading of raw materials, and loading operations of transport vehicle.
4.Captains of vessels or their agents who violate the provision of Paragraph 3 of Article 35, and do not record details in the log book according to the provisions of Article 25.
5.Exporters or their agents of quarantine objects who violate the provision of Paragraph 1 of Article 36 and do not apply for quarantine.
6.Violation of the provisions of Article 38-1. Failure to transport or destroy food and catering waste in the manner approved by the import/ export animal quarantine authority.
Article 45
A fine of NT$30,000 to NT$150,000 shall be imposed for any of the following violations, which should be notified to make improvements within a specified time period. Those that still fail to complete improvements by the deadline shall be subject to an additional fine imposed for each violation.
1.Owners or relevant entities evade, interfere, or refuse the animal health inspection personnel, or inspection, assessment or inquiry implemented by the animal quarantine personnel, pursuant to Paragraph 1 or Paragraph 2 of Article 9.
2.Violation of Paragraph 1, Paragraph 2 or Paragraph 4 of Article 13. Owners or keepers of animals attempt to destroy and forge attached marks, signs or certified documents, fail to take animal preventive and control measures, as well as evade, obstruct, or reject preventive and control measures set by the animal health inspection personnel or practicing veterinarians.
3.Violation of Paragraph 1 of Article 13-1. Owners or keepers of animals fail to comply with the provision regarding the type and time of vaccine administration, attached label, submission, application of relevant documents, or movement control or other preventive and control measures to be implemented.
4.Violation of Paragraph 1 of Article 14. Owners or keepers of animals fail to implement preventive and control in designated areas, as required by the municipal or county (city) competent authority.
5.Animal transport operators who fail to implement cleaning and disinfection measures in accordance with Paragraph 2 of Article 14, comply with the cleaning and disinfection measures specified in Paragraph 3 of Article 14, or use disposable/ single-use containers or packaging materials pursuant to Paragraph 4 of Article 14 under the situations of no improvement despite repeated warnings or additional violation within one year.
6.Violation of Article 14-1 regarding the prohibited matters announced by the central competent authority.
7.Violation of Article 15. Owners or keepers of animals fail to comply with the directive of the municipal or county (city) authority with regard to providing autopsy or follow the instruction of animal health inspection personnel to burn and bury animal carcasses.
8.Violation of Paragraph 1 or Paragraph 3 of Article 20 applied to Subparagraph 1, Paragraph 1 of Article 20. Owners or keepers of animals fail to follow the instruction of animal health inspection personnel to cull, burn, bury, disinfect, render or implement other necessary measures in handling animals according to Item 1, Paragraph 1.
9.Violation of Article 22. Owners or keepers of animals fail to follow instructions with regard to controlling animals' actions or providing other necessary assistance, or evading, obstructing, or rejecting instructions.
10.Violation of Article 24. Exhuming remains from burial sites or defacing warning signs without permission.
11.Violation of the directive of the municipal, county (city) competent authority in accordance with Article 29.
12.Violation of Subparagraph 2 of Paragraph 1 of Article 33 or Paragraph 3 of Article 33. Importers or their agents of quarantine objects fail to comply with the provisions pertaining to the application of import permit before importing.
13.Violation of Paragraph 3 of Article 34. The recipients fail to deliver imported quarantine objects to the import/export animal quarantine authority for destroying.
14.Violation of Paragraph 4 of Article 34. Importers or their agents of quarantine objects destroy the packaging of quarantine objects, move objects or commit acts that could spread infectious animal diseases without permission of import/ export animal quarantine authorities.
15.Violation of Paragraph 1 of Article 34-1. Importers or their agents of animals fail to apply for post-entry quarantine at animal quarantine premises or other designated places in advance before exportation/ importation.
16.Violation of Paragraph 1 of Article 34-3. Owners or their agents of quarantine objects fail to apply to the import/ export animal quarantine authorities for quarantine inspection before transit or transshipment.
17.Violation of Paragraph 1 of Article 35. Owners of vehicles, captains, first pilots, administrators or their agents in charge of transportation, evade, interfere or refuse the necessary measures taken by animal quarantine personnel.
18.Violation of provisions of Paragraph 3 of Article 38. Failure of implementing measures announced by the import/export animal quarantine authorities.
Article 45-1
Passengers or staff members related to vehicles, vessels, or aircrafts who do not apply for quarantine inspections in accordance with Paragraph 2 of Article 34 shall be fined an amount ranging from NT$10,000 to NT$1,000,000.
Article 46
The fines stated in the Statute shall be implemented by the municipal or county (cities) competent authority, or import/export animal quarantine authorities.