ANIMALS
PROTECTION LAW
(TRANSLATION)
BY.
Presedent LSWTI
Dr. Zubair Rehman
lotustrust@hotmail.com
, lotustrust@yahoo.com
Chapter I General
Provisions
Article
1
To
respect the lives of animals and to protect animals, this Law is hereby enacted.
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Animal
protection shall be implemented in accordance with regulations provided in this
Law. For matters concerning animal protection that are specifically stipulated
in other relevant laws, that relevant law shall apply.
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Article
2
The
competent authorities referred to in this Law include the Council of Agriculture
(COA) of the Executive Yuan at the central level; provincial or city governments
at the provincial or city level; and county or city governments at the county or
city level.
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Article
3
The
terms used in this Law are defined as follows:
1."Animal"
means a dog, a cat and a vertebrate that is fed or kept by people. It includes
the
economic animal, the experimental animal, a pet and other kinds of animals.
2."Economic
animal" means an animal that is fed or kept for economic purposes, such as
its
fur, meat, milk and labor.
3."Experimental
animal" means an animal that is fed or kept for the purpose of scientific
application.
4."Scientific
application" means the application for the purposes of teaching,
experiment,
the
manufacturing of biological products, experimental merchandise, drug, poison and
organ
transplant.
5."Pet"
means a dog, a cat or other animal that is fed or kept for the purposes of
pleasure
and
companionship.
6."Feeder"
means the owner of the animal or the person who keeps the animal.
Chapter II General
Protection of Animals
Article
4
The
competent authority at the central level shall establish a Committee of Animal
Protection to be in charge of formulating animal protection policy and reviewing
the implementation of this Law.
The members of the
Committee will not be put on a pay roll. The regulations concerning the
establishment of the Commission shall be formulated by the competent authority
of the central government. The number of experts, scholars, and civic animal
protection organizations, who do not have the capacity of government
representatives, shall not be less than two thirds of the total number.
Article
5
The
feeder of an animal shall be over the age of 15. The statutory agent or
statutory guardian shall be considered as the feeder for one who raises an
animal under the age of 15.
The feeder shall provide
adequate food and water and sufficient space of activities for the animal. He
shall also pay attention to the safe living environment, shelter, ventilation,
lighting, temperature, cleaning and other appropriate care to prevent the animal
from unnecessary harassment, mistreatment or hurt.
An animal shall not be
allowed to be abandoned unless it is sent to animal shelters or the places
designated by the competent authorities of the municipality or county and city
level.
Article
6
No one
shall be allowed to harass, mistreat or hurt a animal raised by others.
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Article
7
A
feeder shall prevent his animals from infringement of the life, body, freedom,
property and tranquility of others.
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Article
8
The
competent authority at the central level shall post a public notice about the
animals that are prohibited to be raised, exported or imported.
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Article
9
While
carrying an animal, its food, water, excrement, environment, and safety shall be
well taken care of. Furthermore, it shall be prevented from being frightened or
hurt. The carrying vehicles, the carrying ways and the other carrying measures
to be complied with shall be determined by the competent authority at the
central level.
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Article10
The
following behaviors shall be prohibited:
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1.Any
fights between animals or between animals and people through direct or indirect
gambling,
entertainment, operation, advertisement and other illegitimate purposes.
2.Any
animal race or contest for the purpose of gambling directly or indirectly.
3.Any
act that violates good social custom.
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Article
11
Feeders
must provide necessary medical treatment to the animals that are injured or
sick.
The medical treatment or
surgery of animals, based on the need for the health or management of the
animal, shall be operated by veterinarians. This provision, however, does not
apply to an emergency case, a case for the purpose of scientific application or
an instance publicly announced by the competent authority at the central level.
Article
12
An
animal shall not be allowed to be killed at will. This provision, however, does
not apply to any of the following instances:
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1.For
economic purposes, such as for meat, fur or food of other animals.
2.For
the purpose of scientific application.
3.For
the purpose of controlling the disease of a herd of animals or culling in a
breading
program.
4.For
the purpose of controlling excessive number of economic animals as approved by
competent
authority.
5.For
alleviating the pain of the animal.
6.Prevention
form harming human lives, body, health, freedom, property, or public safety.
7.Animals
kept in animal shelters or in the places designated by the competent authority
of
the
municipalities, counties or cities that are not claimed, adopted or well taken
care of by
anyone
after a notice or a public announcement is made for more than 7 days.
8.Any
other reasons as stipulated in the regulations of this Law or announced by the
competent
authority at the central level.
The competent authority
at the central level may announce a ban on the slaughtering of animal as
referred to in Item 1 of the preceding Paragraph. The animals that are allowed
to be claimed and adopted in accordance with Item 7 of Paragraph 1 do not
include the animals that are prohibited from being raised or exported as
referred to in Article 8. Animals raised or adopted before the date of
promulgation and registered according to Paragraph 1 of Article 36 are allowed
to be adopted by the original feeder.
Article
13
Animals
that are slaughtered according to the Paragraph 1 of the preceding Article shall
be treated in a humane way and their pains be reduced to a minimum. The
following regulations shall be observed:
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1.Unless
publicly announced by the competent authority, animals are not allowed to be
slaughtered
at public sites or in places that the public may freely enter or exit.
2.Excepting
a case of emergency, only a veterinarian can put a pet to death for alleviating
the
pain of the injured or sick animal.
3.Euthanasia
of the animals that are kept in animal shelters or the places designated by the
competent
authority of municipalities, counties or cities shall be performed by or under
the
supervision of a veterinarian.
4.Slaughtering
excessive number of animals shall be performed in the ways approved by
the
competent authority.
The competent authority
at the central level shall formulate humane ways of killing animals based on
necessities.
Article
14
The
competent authority of the municipalities, counties or cities shall set up, or
designate private institutions or organizations to set up, animal shelters, or
designate a certain places for keeping and taking care of the following animals:
1.
Straying animals caught by the governments of municipalities, counties, cities,
other
institutions
or people.
2.
Animals that are no longer wanted by the feeders.
3.
Animals that are kept and confiscated by the competent authority according to
this Law.
4.
Animals that are in danger.
The competent authority
of municipalities, counties, or cities shall formulate incentive measures to
counsel and assist the private institutions and organizations to establish
animal shelters.
Fees may be charged when
the animal shelters or the places designated by the competent authority of
municipalities, counties or cities provide services. The fee rates shall be
determined by the competent authority of municipalities, counties or cities.
Chapter III Scientific
Application of Animals
Article
15
The
number of animals used in scientific application shall be reduced to the
minimum. The application shall be done in a way that afflicts the least pain or
hurt on the animals.
The competent authority
at the central level shall regulate the source, application scope and management
of experimental animals according to the species.
Article
16
The
institution that performs the scientific application of animals shall organize a
management group of animal experiments to supervise the scientific application
of animal experiment.
The competent authority
at the central level shall set up an ethic committee of experimental animals to
supervise and manage the scientific application of animals.
The committee as referred
to in the preceding Paragraph shall comprise at least a veterinarian and a
representative of the animal protection group from the private sector.
The measures of
formation, duty and management of the management group of animal experiments and
those of the ethic committee of experimental animals shall be regulated by the
competent authority at the central level.
Article
17
After
scientific application, the conditions of the experimental animals shall be
examined immediately. If parts of their limbs or organs have been lost, or they
continue to suffer the pain that affect their living quality, they shall be put
to death in a least painful way.
After the scientific
application, unless there is a further need, no such application of the
experimental animals shall be performed again before their physiological
functions are fully recovered.
Article
18
Schools
below the level of junior high school shall not teach any lesson that may cause
the injury or death of animals which is not approved by the competent authority
in charge of educational administration.
Chapter IV The Management
of Pets
Article
19
The
competent authority at the central level shall announce the pets that need to be
registered.
The feeder shall register
the birth, acquirement, transfer, loss and death of the pets as referred to in
the preceding Paragraph or designate private institutions and groups to register
for them at the competent authority of municipalities, counties or cities. The
competent authority of municipalities, counties or cities shall issue
identification tags to the registered pets or transplant micro chips to their
bodies.
The registration
procedures, duration, incentives of sterilization, related regulations and
identification management measures shall be decided by the competent authority
at the central level.
Article
20
While
entering or leaving public sites or places where the public may enter or exit, a
pet shall be accompanied by a person over 7 years old and adequate protection
measures for them must be arranged.
Pets with potential of
assault while entering or leaving public sites or places where the public may
enter or exit shall be accompanied by an adult and adequate protection measures
must be arranged.
The categories of the
pets with potential of assault referred to in the proceeding Paragraph and the
related adequate protection measures shall be determined and promulgated by the
competent authority at the central level.
Article
21
When a
pet that should be registered enters or leaves public sites or the places, where
the public may enter or leave, is unaccompanied by a person, any person may
catch it and send it to animal shelters or the places designated by the
competent authority of the municipalities, counties or cities.
Feeders shall be notified
of pets with identification as referred to in the preceding Paragraph as soon as
possible. After 7 days of notification, the unclaimed pets or pets without
identification shall be disposed of according to the regulations of Article 12
and Article 13.
If the pets as referred
to in Paragraph 1 have contagious diseases or confront with other emergencies,
they shall be put to death in a humane way.
Regulations in the two
preceding Paragraphs shall apply mutatis mutandis to the pets sent by the
feeders to the animal shelters or the places designated by the competent
authority of municipalities, counties or cities.
Article22
One
who operates, for commercial profit, pet breeding, trading or keeping that
requires registration shall apply for permits from the competent authorities of
special municipalities, counties or cities and obtain his business permits in
accordance with relevant regulations before he begins operation.
The qualifications and
facilities for one who breeds, trades or keeps pets referred to in the preceding
Paragraph and the procedure, revocation or cancellation of permits, and other
Management Rules shall be made by the competent authority at the central level.
Chapter V Administrative
Supervision
Article
23
The
competent authorities of special municipalities, counties or cities shall have
animal protection inspectors. They may also select volunteer inspectors to
assist in animal protection inspection work.
Animal protection
inspectors may enter or leave animal contest grounds, and places for
slaughtering, breeding, trading, keeping, training and animal scientific
application to investigate into and ban the activities in violation of the
Articles in this Law.
The investigation and ban
referred to in the preceding Paragraph may not be evaded, refused or obstructed.
Animal protection
inspectors should show their identifications when performing their duties. They
may ask for the police's assistance if necessary.
Article
24
The
competent authorities of special municipalities, counties or cities should first
notify the institutions and schools?violating Article 15, Paragraph l of Article
16, Articles 17 or 18 to make improvement within a time limit or taking
necessary actions.
Chapter VI Penalty
Article
25
If a
person who operates pet breeding, trading or keeping businesses fails to obtain
permits from the competent authorities of special municipalities, counties or
cities in violation of Paragraph 1 of Article 22, he shall be fined from
NT$50,000 to NT$250,000 and ordered to make improvement within a time limit. One
who fails to make improvement within the time limit shall be ordered to suspend
his business. One who refuses to suspend his business shall be fined according
to the frequency of his violation.
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Article
26
One
who violates Article 8 by breeding, importing or exporting the animals that the
competent authority at the central level has publicly prohibited shall be fined
from NT$50,000 to NT$250,000.
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Article
27
A fine
from NT$50,000 to NT$250,000 shall be imposed on one who:
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1.
Makes animals to fight animals or people in violation of Article 10.
2.
Fights animals as described in the preceding Paragraph.
3.
Directly or indirectly uses animals to fight for gambling purpose.
4.
Other ways of using animals against good social customs.
Such cases shall be
transferred to judicial institutions for investigation if they involve criminal
liabilities.
Article
28
If a
person who operates pet breeding, trading or keeping businesses violates the
Management Rules for pet breeding, trading or keeping by failing to possess
prerequisites and facilities required for operation as set forth by the
competent authority at the central level in accordance with Paragraph 2 of
Article 22, he shall be fined from NT$30,000 to NT$150,000 and ordered to make
improvement within a time limit. One who has not made improvement within a time
limit shall be fined repeatedly and his permits shall be revoked if he is fined
three times.
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Article
29
A fine
from NT$20,000 to NT$100,000 shall be imposed on one who:
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1.Abandons
the animals he keeps and causes ecological damage in violation of Paragraph
3 of
Article 5.
2.Violates
Article 15, Paragraph 1 of Article 16, Article 17 or Article 18 and has not made
improvement
within the time limit or take necessary actions in accordance with Article 24.
3.Allows
aggressive pets to enter or leave public sites or places that the public may
enter or
leave,
without the company of an adult or take no appropriate protection measures in
violation
of Paragraph 2 of Article 20.
4.Evades,
refuses or obstructs animal protection inspectors to perform his duties in
accordance
with relevant regulations in violation of Paragraph 3 of Article 23.
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Article
30
A fine
from NT$10,000 to NT$50,000 shall be imposed on one who:
1.Makes
the animals he keeps suffer from unnecessary harassment, maltreatment or hurt in
violation
of Paragraph 2 of Article 5.
2.Abandons
the animals he keeps in violation of Paragraph 3 of Article 5.
3.Harasses,
maltreats or hurts animals in violation of Article 6.
4.Does
not give injured or sick animals necessary medical treatment and has not made
improvement
within the time limit as notified by the competent authorities of special
municipalities,
counties or cities in violation of Paragraph 1 of Article 11.
5.Slaughters
animals in public sites or places that the public may enter or leave in
violation
of
Item 1 Paragraph 1 of Article l2.
6.Slaughters
animals in excessive numbers not in the ways allowed by the competent
authorities
in violation of Item 4 of Paragraph 1 of Article 13.
7.Kills
animals not in the ways specified by the competent authority at the central
level in
violation
of Paragraph 2 of Article 13.
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Article
31
A fine
from NT$2,000 to NT$10,000 shall be imposed on the following people. If they
refuse
to make improvement, penalties shall be imposed according to the frequency of
violation.
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1.One
who carries animals violates the animal carrying rules by failing to use
carrying
vehicles
and carrying means as specified in the Animal Carrying Rules enacted by the
competent
authority at the central level in accordance with Article 9 of this Law.
2.One
who gives medical treatment or surgery to an animal which is not based on the
needs
of
animal health or management in violation of Paragraph 2 of Article 11.
3.One
who kills animals in violation of Paragraph 1 and 2 of Article 12.
4.One
who does not have veterinarian qualifications kills pets under non-emergency
conditions
in violation of Item 2 of Paragraph 1 of Article 13.
5.One
who kills animals is not a veterinarian himself or not under the supervision of
a
veterinarian
in violation of Item 3 of Paragraph 1 of Article 13.
6.One
who does not register the births, acquisition, transfer, loss or death of his
pets within
the
time limit as specified in the Pet Registration Management Rules enacted by the
competent
authority at the central level in accordance with Paragraph 3 of Article 19.
7.One
who allows his pets to enter or leave public sites or places where the public
may enter
or
leave without the company of a person over seven years of age or without
appropriate
protection
measures in accordance with Paragraph 1 of Article 20.
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Article
32
The
competent authorities of special municipalities, counties or cities may
confiscate the feeder's animals under one of the following instances:
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1.
Animals abandoned in violation of Paragraph 3 of Article 5.
2.
Animals who hurt other people's life, body, freedom, property or peace in
violation
of
Article 7.
3.
Those who keep, import or export animals that are prohibited to be kept,
imported
or
exported in public announcement in violation of Article 8.
Article
33
The
competent authorities of special municipalities, counties or cities, aside from
imposing penalties on the feeder, shall order the feeder to make improvement
within a time limit if one of the following instances occurs. The authorities
may confiscate the animals if the feeder has not made improvement within the
time
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1.One
who makes the animals suffer from unnecessary mistreatment, harassment or hurt
in
violation
of Paragraph 2 of Article 5.
2.One
who makes use of animals in violation of Article 10.
3.One
who does not give animals necessary medical treatment in violation of Paragraph
1
of
Article 11.
4.One
who allows his aggressive pets to enter or leave public sites or places where
the
public
may enter or leave without the company of people or without appropriate
protection
measures in accordance with of Paragraph 2 of Article 20.
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Article
34
The
fines stipulated in this Law shall be meted out by the competent authorities of
special municipalities, counties or cities.
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Article
35
The
fines imposed in accordance with this Law shall be paid within a time limit. The
case shall be transferred to the court for compulsory execution if the fines are
overdue.
Chapter VII Supplementary
Provisions
Article
36
One
who has already kept animals that are prohibited to be imported and kept before
the ban is publicly announced by the competent authority at the central level in
accordance with Article 8 shall register with the competent authorities of
special municipalities, counties or cities within the time limit as specified by
the central authority. The same rule applies to changes if any.
One who has registered in
accordance with the preceding Paragraph may continue to keep their animals. He
shall not breed animals that are not listed in the announcement made by the
competent authority at the central level.
One who violates the
preceding two Paragraphs shall be handled in accordance with Article 26 and
Paragraph 3 of 32.
Article
37
One
who has operated pet breeding, trading or keeping businesses that require
registration before the announcement is made in accordance with Paragraph 1 of
Article 19 shall apply for permission from the competent authorities of special
municipalities, counties or cities within two years following the implementation
of the Management Rules in accordance with Paragraph 2 of Article 22. He who
fails to apply for permission within the time limit shall be handled in
accordance with Article 25.
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Article38
The
competent authorities of special municipalities shall issue pet identification
tags in accordance with Paragraph 2 of Article 19. They shall collect fees from
the feeder for taking back lost pets and issuing permits in accordance with
Paragraph 1 of Article 22. Fee rates to be collected shall be set by the
competent authority at the central level.
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Article
39
The
enforcement rules of this Law shall be formulated by the competent authority at
the central level.
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Article
40
This
Law shall come into force on the day it is promulgated.