ANIIMAL PROTECTION
LAW
(TRANSLATION)
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.
Update 2001/07/10
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