Enforcement Rules of Animal Industry Act
1.中華民國八十八年五月六日行政院農業委員會(88)農牧字第 8804010 5 號令訂定發布全文 31 條;並自發布日起施行 2.中華民國九十二年十月十五日行政院農業委員會(九二)農牧字第 092 0040629 號令修正發布全文 27 條;並自發布日施行 3.中華民國一百零二年七月二十四日行政院農業委員會農牧字第 1020042 934 號令修正發布第 1、4、5、21、23 條條文;刪除第 19、20、22 條條文 中華民國一百十二年七月二十七日行政院院臺規字第 1125014346 號公 告第 6 條、第 8 條第 5 款、第 9 條、第 10 條、第 12 條、第 16 條、第 21 條、第 23 條、第 24 條第 2 項、第 25 條、第 26 條所列屬「行政院農業委員會」之權責事項,自一百十二年八月一日起 改由「農業部」管轄
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This Enforcement Rules of Animal Industry Act (hereunder referred to as the Rules) is drawn up pursuant to the provisions stipulated in Article 46 of the Animal Industry Act (hereunder referred to as the Act).
1The farm as stipulated in Article 3, Paragraph 3 of the Rules comes in the types of:
21.Breeding farm: A farm that rears exclusively breeding flock and fowl where the registration of their pedigree is required pursuant to Articles 13 and 14 of the Act.
32.Production farm: A farm other than a breeding farm that rears livestock or poultry.
The land stipulated in Article 5, Paragraph 2 of the Act shall be located in the zoning that allows the establishment of livestock/poultry farming operation, including the land that has been used legally for such purpose before the zoning code is implemented, and the land that does not comply with the zoning code after it goes into effect, but later on brings itself up to code before being ordered by the concerned competent authorities to change its use or demolish structures situated on the land.
1Applicants who apply for the registration of a farm pursuant to Article 6 Paragraph 1 of the Act should fill out an application form together with the following documents, in duplicates each:
21.the indentity card and documents specified in Article 5 Subparagraph 1, herein documents verifying the qualifications of the person in charge and the principal managerial personnel.
32.transcripts of the land registration and the topographic map of the land where the livestock farm is situated; where the land is situated in urban planning zone, papers verifying its designated zoning is required. Applicants are exempt from these papers that may be obtained through e-mail by the competent authorities.
43.the operation prospectus
54.the location and layout drawings of the farm
65.the descriptions of primary farming facilities
76.the pollution control plan to be sent to the environmental protection agency for approval in accordance with environmental protection codes. Those who are determined by environmental protection authorities not to belong to the category in which pollution control plan needs to be proposed are exempt from these papers.
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1After being issued the use permit of facilities, Livestock farm that has completed construction should fill out an application form together with the following documents, in duplicates each, when it applies to the municipal or prefectural (city) competent authorities for on-site inspection in accordance with the provisions specified in Article 6 Paragraph 2 of the Act.
21.a photocopy of the document approving the registration of the farm.
32.a photocopy of the building permit for enclosed reinforced concrete structures inside the livestock farm, such as animal quarters, administration offices, feed preparation rooms and product processing rooms
4The owners of the facilities ,who are legally exempt from the building permit, need to bring forward papers evidencing the approval of their use.
The competent authorities of the municipal, county (city) levels should, prior to January 31 each year, turn in the livestock registration issued in the previous year and the list of farms having a change of registration to the central competent authorities.
Where the branch operation of a farm reaches the scale as dictated by Article 4, Paragraph 1 of the Act, the farm owner should apply for a separate registration.
1Applicants who apply for registration of breeding stock and fowl or genetic resource in accordance with Article 12 of the Act should fill out application forms and submit the following documents.
21.the certificate of the company, agency (institution) or farm
32.the description of the process of incubation or discovery
43.the rearing experiment report
54.the physical object, product or its photo
65.other documents designated by the central competent authorities
In reviewing the application pursuant to Article 12 of the Act, the central competent authorities may notify the applicant or the objecting party to furnish breeding stock and fowl or genetic resource and other supporting documents within a prescribed period for examination.
Upon accepting the application for registration of breeding stock and fowl or genetic resource pursuant to the regulation of Article 12 of the Act, the central competent authorities should invite scholars and experts in related fields to take part in the review.
The scope of application and content for the registered breeding stock and fowl should not be exaggerated in the process of promotion or marketing.
Pedigree register agency designated by the central competent authorities should affix identification marker on the flock and issue pedigree registration papers when going through the registration formalities in accordance with the regulation of Article 13 of the Act, and report to the central competent authorities the registrations conducted in the previous year before January 31 each year.
1The pedigree registration papers mentioned in the preceding article should state the following particulars:
21.the source of the breeding stock and fowl
32.the farm rearing the flock
43.the owner and his address
54.species of the flock
65.breed or strain
76.sex of the flock
87.identifying marks and characteristics of the flock
1The owner of the breeding stock and fowl should, within thirty days after the following facts occur, fill out an application form and make ready with related documents to report to the agency that issued the pedigree registration papers for a change of registration, replacement or reissue in any of the situations below:
21.change of the owner and his address
32.change of premises where the breeding stock and fowl are reared
43.damage of loss of the pedigree registration papers
Breeders who have already conducted pedigree registration on selling the breeding stock and fowl should attach the pedigree registration papers issued by the original pedigree registration agency.
1The central competent authority should set the annual livestock production goal for the year to come before October 31 each year in accordance with the regulations in Article 22 of the Act.
2Municipal and prefectural (city) competent authorities should draw up production plans prior to December 31 each year.
The National Industry Foundation may ask for relevant information from industrial organizations, farms, livestock/poultry rearing establishments, merchants, feed suppliers, and veterinarian drug suppliers for carrying out their business as stipulated in Article 27 of the Act, when it provides services for them.
1The services prescribed in Article 28 of the Act include advising merchant groups on strengthening their organization, carrying out the annual production and marketing plan, providing material, production and sales information, coordinating joint shipping and selling activities, regulating supply and market and stabilizing prices.
2The National Animal Industry Foundation may charge the necessary fees for the aforesaid services based on the heads of animal reared or sold by the farm or farmer receiving its service.
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If deemed necessary, the central competent authorities may employ graduates of senior and junior high school or above who have passed the training and received a certificate issued by the central competent authorities or their commissioned training institution, to act as the slaughter sanitation inspection assistant. The said slaughter sanitation inspection assistant should, under the command of the Veterinarian Meat Inspector, assist in the ante-mortem, post-mortem and other related inspection work.
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1The applicant of slaughterhouse establishment pursuant to the regulation of Paragraph 1, Article 30 of the Act should fill out an application form and make ready with the documents in the following Item I to VI, each in six copies, to apply to the central competent authorities for processing via the municipal or prefectural (city) competent authorities:
21.the photocopy of the identity card of the person in charge
32.transcripts of the land registration and the topographic map of the land where the livestock farm is situated; where the land is situated in urban planning zone, papers verifying its designated zoning is required. Applicants are exempt from these papers that may be obtained through e-mail by the competent authorities.
43.the operation prospectus
54.the allocation map of the slaughterhouse structure and facilities
65.the pollution control plan or related documents evidencing approval to be sent to the environmental protection agency for approval in accordance with environmental protection codes. Those who are determined by environmental protection authorities not to belong to the category in which pollution control plan needs to be proposed are exempt from these papers.
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1The slaughterhouse registration certificate should state the following particulars:
21.the name of the establishment
32.the person in charge
43.address of the establishment
54.number of slaughter lines
65.species of livestock or poultry slaughtered on each line and the full capacity of each line per hour
76.the file number of the allocation map of the slaughterhouse establishment and facilities
8If Item I to Item 3 of the preceding paragraph change, slaughter ownership should apply for a change of registration to the central competent authorities via the municipal, or prefectural (city) competent authorities within thirty days after the fact happens; if Item 4 to Item 6 of the preceding paragraph change, slaughterhouse ownership should fill out an application form of change of slaughterhouse registration certificate to apply for a change of registration to the central competent authorities via the municipal, or prefectural (city) competent authorities prior to the day when the fact happens. When the slaughterhouse is relocated, the slaughterhouse ownership should apply de novo for establishment in accordance with Article 30 of the Act.
The competent authorities may invoke the help of the police and other agencies concerned in the execution of the business as prescribed by the Act.
The formats of the certificate, permit, report, form, chart, record, list and documents as stipulated by the Act and the Rules are to be prescribe by the central competent authorities.
The Rules herein go into effect on the date of its promulgation.
8If the aforesaid application has been approved after being reviewed, the central competent authorities should issue papers approving the establishment after the applicant submits the CAD-compatible computer graphic file of the allocation map of the slaughterhouse structure and facilities.
9The applicant should complete the construction of the slaughterhouse within two years after obtaining the approval of establishment. The approval document becomes invalid upon the aforementioned expiration date. However, under special circumstances, the central competent authorities may approve an extension of the construction period or allow the construction to take place in phases.
10Subsequent to the completion of the aforementioned slaughterhouse, its operator should apply to the central competent authorities via the municipal or prefectural (city) competent authorities for trial run. After the application is approved, the applicant will be notified to pay the registration fees and the slaughterhouse registration certificate will be issued.
11Applicants who apply for the issue or replacement of slaughterhouse registration certificate in accordance with the regulations of Article 39 of the Act should apply to the central competent authorities via the municipal, or prefectural (city) competent authorities with the payment of certificate fees and the submittal of the documents dictated in Paragraph I.