Full Statute Name:  Taiwan Animal Protection Law

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Popular Title:  Taiwan Animal Protection Law Primary Citation:  Taiwan Animal Protection Law Country of Origin:  Taiwan Last Checked:  October, 2010 Alternate Citation:  Date Adopted:  1998
Summary:

This law sets out the umbrella of animal issues for Taiwan. Much of it is so general that additional regulations are going to be required.

Statute Text: 

Promulgated by the President on November 4, 1998.

 

Chapter I General Provisions

Article 1

To respect the lives of animals and to protect animals, this Law is hereby enacted.

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.

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.

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 the county and city level.

Article 6

No one shall be allowed to harass, mistreat or hurt an animal raised by others.

Article 7

A feeder shall prevent his animals from infringement of the life, body, freedom, property and tranquility of others.

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.

Article 9

While carrying [transporting] 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.

Article 10

The following behaviors shall be prohibited:

  • 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.

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 the following instances:

  • 1. For economic purposes, such as for meat, fur or food of other animals.
  • 2. For the purpose of scientific [experimentation].
  • 3. For the purpose of controlling the disease of a herd of animals or culling in a breeding program.
  • 4. For the purpose of controlling excessive number's of economic animals as approved by competent authority.
  • 5. For alleviating the pain of the animal.
  • 6. Prevent harm to 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:

  • 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 large numbers 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 experimentation of animals shall organize a management group of animal experimentors to supervise the scientific application of animal experiments.

The competent authority at the central level shall set up an ethic committee of  animal experimentors to supervise and manage the scientific experiments that use animals.

The committee as referred to in the preceding Paragraph shall be comprised of 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 experimentors and those of the ethic committee of  animal experimentations shall be regulated by the competent authority at the central level.

Article 17

After a scientific experiment, 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 experimentation, unless there is a further need, no such use 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 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 the 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 pet 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.

Article 22

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 1 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 business 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.

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.

Article 27

A fine from NT$50,000 to NT$250,000 shall be imposed on one who:

  • 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 to see 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 NT150,000 and ordered to make improvement within a time limit. One who has not made improvement within a time limit shall be fined repeatedly an his permits shall be revoked if fined three times.

Article 29

A fine from NT$20,000 to NT$100,000 shall be imposed on one who:

  • 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.

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 12.
  • 6. Slaughters animal in large 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.

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 the violation.

  • 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 animal 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 measure sin accordance with Paragraph 1 of Article 20.

Article 32

The competent authorities of special municipalities, counties or cities may confiscate the feeder's animals under one of the following instances:

  • 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

Article 34

The fines stipulated in this Law shall be meted out by the competent authorities of special municipalities, counties or cities.

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.

Article 38

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.

Article 39

The enforcement of this Law shall be formulated by the competent authority at the central level.

Article 40

This Law shall come into force on the day it is promulgated.

 

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