LAW CONCERNING THE PROTECTION AND CONTROL OF
ANIMALS (Law No. 105, October 1, 1973)
Experimental Animal Rgulation (IEXAS)
LAW CONCERNING THE PROTECTION AND
CONTROL OF ANIMALS
(Law No. 105, October 1, 1973)
Article 1. The purpose of this Law is to prescribe matters relating to the prevention of cruelty to animals, the appropriate treatment of animals and other matters relating to the protection of animals, and to engender a feeling of love for animals among the people, thereby contributing to the development of respect for life and sentiments of amity and peace; and to prescribe matters relating to the control of animals, thereby preventing harm being done by animals to human life, body and property.
Article 2. All people must not only refrain from killing, injuring, and inflicting cruelty upon animals, but they must also treat animals properly, taking their natural habits into account.
("Be Kind to Animals" Week)
Article 3. "Be Kind to Animals" Week shall be established in order to enhance interest and understanding among the people concerning the protection and proper methods of keeping animals.
2. "Be Kind to Animals" Week shall be from September 20 through 26.
3. During "Be kind to Animals" Week, the Government and local public bodies should hold functions appropriate to the aims of the said week.
(Proper Care and Custody)
Article 4. The owner or possessor of an animal should maintain the health and safety of the animal by caring for or keeping the animal in a proper manner, and should ensure that the animal does not cause harm to human life, body, or property, or become a nuisance.
2. The Prime Minister may, after consultation with the heads of the administrative organs concerned, prescribe standards applicable to the care and custody of animals.
Article 5. Local public bodies may, as provided for by ordinance, take such measures as are necessary with respect to guidance concerning care and custody of animals, so as to maintain the health and safety of the animals.
Article 6. In order to prevent harm to human life, body, or property, local public bodies may, as provided for by ordinance, prescribe matters to be observed by owners or possessors of animals concerning the care or custody of the animals and take such measures concerning the care or custody of the animals as are necessary, such as restrictions on the keeping of animals which threaten human life, body, or property.
(Taking Custody of Dogs and Cats)
Article 7. Prefectures and cities designated by Cabinet Order (hereinafter called "prefectures, etc.") shall be required to take custody of dogs or cats when so required by their owners. In such cases, the governors of the prefectures or the mayors of said cities (hereinafter called "prefectural governors, etc.") may designate the places at which the dogs or cats shall be taken into custody.
2. The provision in the preceding paragraph shall apply mutatis mutandis in cases where the prefecture, etc. is requested by the finder of a dog or cat or any other person to take custody of that dog or cat if the owner is unknown.
3. The governors of prefectures may request whatever cooperation is necessary from mayors of cities, towns and villages (with the exception of the mayors of cities designated by Cabinet Order, but including the mayors of special wards) concerning taking custody of dogs and cats as stipulated in paragraph 1 (including cases where the preceding paragraph applies mutatis mutandis; the same shall apply hereinafter in paragraphs 6 and 7 below).
4. Prefectural governors, etc. may commission nonprofit juridical persons established for the protection of animals, or other persons, to take custody of dogs and cats.
5. Prefectures, etc. may charge a fee as provided by ordinance with respect to taking custody of dogs and cats as provided in paragraph 1.
6. The Prime Minister may, after consultation with the heads of the administrative organs concerned, prescribe such matters as are necessary with respect to the measures to be taken when it is requested that dogs or cats be taken into custody as provided in paragraph 1.
7. The Government may, within the scope of the budget and as provided by Cabinet Order, grant subsidies to prefectures, etc. for the costs incurred with respect to taking custody of dogs and cats as provided in paragraph 1.
(Notification by Finders of Wounded Animals, etc.)
Article 8. Any person who finds on a road or in a park or other public place a dog or cat or other animal that is sick or wounded or the carcass of a dog or cat or other animal should promptly notify the owner when the owner is known, or the prefectural governors, etc. when the owner is unknown.
2. When notified as provided for in the preceding paragraph, the prefecture, etc. shall remove that animal or its carcass.
3. The provisions of paragraph 6 of the preceding Article shall apply mutatis mutandis to the removal of animals as provided for in the preceding paragraph.
(Restriction on Breeding of Dogs and Cats)
Article 9. When the owner of dogs or cats deems that it is liable to become difficult to care for these animals in a proper manner when these animals breed promiscuously, the owner should render breeding impossible or take other measures to prevent the breeding of these animals.
(Methods to Be Used When an Animal Is Destroyed)
Article 10. When an animal must be destroyed, the animal shall be destroyed by methods that cause the animal the minimum pain possible.
2. The Prime Minister may, after consultation with the heads of the administrative organs concerned, prescribe such matters as are necessary with respect to the methods used under the preceding paragraph.
(Methods to Be Used When Animals Are Used for Scientific Purposes and Subsequent Disposal of Such Animals)
Article 11. Where an animal is used for the purposes of education, experimental research, manufacture of biotics or other scientific purposes, it shall be so used by methods that cause that animal the minimum pain possible within the limits imposed by the said purposes.
2. When an animal is beyond recovery after use for scientific purposes, the person who used the animal for such scientific purposes must immediately dispose of that animal by a method that causes the animal the minimum pain possible.
3. The Prime Minister may, after consultation with the heads of the administrative organs concerned, prescribe standards applicable to the methods in paragraph I and the measures in the preceding paragraph.
(The Animal Protection Council)
Article 12. The Animal Protection Council (hereinafter called "the Council") shall be established as an advisory organ of the Prime Minister's Office.
2. The Council shall study and deliberate matters of importance relating to the protection and control of animals in response to requests by the Prime Minister.
3. The Prime Minister shall consult the Council before he establishes standards under the provisions of paragraph 2 of Article 4 or paragraph 3 of the preceding Article or makes stipulations under the provisions of paragraph 6 of Article 7 (including mutatis mutandis application under paragraph 3 of Article 8) or paragraph 2 of Article 10, and likewise before he abolishes such standards or stipulations.
4. The Council may advise the Prime Minister of its opinion concerning matters of major importance relating to the protection and control of animals.
5. The Council shall consist of not more than fifteen (15) members.
6. Members of the Council shall be appointed by the Prime Minister from among scholars and other experienced persons.
However, the majority of members must be appointed from among persons who have specialized academic knowledge regarding animals.
7. Members shall be appointed for a term of two (2) years. However, the term of appointment of a member filling a vacancy in mid-term shall be for the remainder of his predecessor's term.
8. Members shall work on a part-time basis.
9. In addition to the provisions of each of the preceding paragraphs, such matters relating to the organization and operation of the Council as are necessary shall be prescribed by Cabinet Order.
Article 13. Any person who cruelly treats or who abandons a protected animal shall be liable to a fine or minor fine of not more than thirty thousand yen (~30,000).
2. "Protected animal" in the preceding paragraph means the animals specified in each of the following items:
i. Cattle, horses, pigs, sheep, goats, dogs, cats, domestic rabbits, chickens, domestic pigeons, and domestic ducks.
ii. Mammals or birds other than those specified in the preceding item which are in the possession of a person.
(Date of Enforcement)
1. This Law shall come into force on the day six months after the day this Law is promulgated.
(Amendment to the Minor Offenses Law)
2. The Minor Offenses Law (Law No. 39, 1948) shall be amended as follows: Item 21 of Article l shall be deleted.
(Amendment to the Law for Establishing the Prime Minister's Office)
3. The Law for Establishing the Prime Minister's Office (Law No. 127,1949) shall be amended as follows:
The following item shall be added after item 16-3 in Article 6:
16-4 Matters relating to the enforcement of the Law Concerning the Protection and Control of Animals (Law No. 105, 1973).
The following shall be added after the Central Traffic Safety Council in the table in paragraph l of Article 15:
Animal Protection The conduct of matters falling within its jurisdiction under Council the provisions of the Law Concerning the Protection and Control of Animals.
(Amendment to the Rabies Prevention Law)
4. The Rabies Prevention Law (Law No. 247, 1950) shall be amended as follows:
Article 5-2 shall be deleted.
(Interim Measures Relating to Penalties)
5. Application of penalties to acts committed before the enforcement of this law shall follow precedent.