Butchery Restructuring Act


Published: 2010-05-25

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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the sound development of abattoir business and the improvement of public sanitation by providing for matters regarding the restructuring of abattoirs in order to promote the sanitary control of livestock products and the improvement of quality of livestock products.
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 Article 2 (Definitions)   print
The term "abattoir operator" in this Act means a person who has been permitted to engage in abattoir business under Article 22 of the Livestock Products Sanitary Control Act (referring to the business of slaughtering cattle and hogs; the same shall apply hereinafter). <Amended by No. 10310, May 25, 2010>
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 Article 3 (Establishment of Council for Promotion of Restructuring of Abattoirs)   print
(1) In order to perform the restructuring of abattoirs efficiently, abattoir operators may establish a council for the promotion of restructuring of abattoirs (hereinafter referred to as the "Council").
(2) The Council shall be a legal entity.
(3) The Council shall be duly formed upon obtaining authorization by the Minister for Food, Agriculture, Forestry and Fisheries for its articles of association prepared and completes the registration of its establishment with the registry office having jurisdiction over its principal place of business.
(4) The Council's articles of association shall stipulate the following matters:
1. Objectives;
2. Name;
3. Principal place of business;
4. Matters regarding the general meetings;
5. Matters regarding the board of directors and members;
6. Matters regarding executives and employees;
7. Matters regarding business activities;
8. Matters regarding property and accounting;
9. Matters regarding the amendment of its articles of association.
(5) When the Council intends to amend articles of association, it shall obtain authorization from the Minister for Food, Agriculture, Forestry and Fisheries therefor.
(6) The Council shall carry on the following business:
1. Establishment and implementation of plans for restructuring abattoirs;
2. Matters regarding financing and spending of funds used for restructuring abattoirs.
(7) Except as provided for in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Council.
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 Article 4 (Executives and Board of Directors)   print
(1) The Council shall have not more than 15 directors, including one chairperson, and not more than two auditors as its executives.
(2) Directors shall be comprised of the following persons:
1. Eight persons from among the heads and directors of the organizations designated by the Minister for Food, Agriculture, Forestry and Fisheries, among abattoir operators' organizations in the form of nonprofit legal entities under Article 32 of the Civil Act;
2. One person designated by the president for livestock of the National Agricultural Cooperative Federation under Article 126 of the Agricultural Cooperatives Act, from among its directors;
3. One person appointed by the Minister for Food, Agriculture, Forestry and Fisheries from among public officials under his/her control;
4. The head of an organization designated by the Minister for Food, Agriculture, Forestry and Fisheries from among nationwide non-profit legal entities under Article 32 of the Civil Act, in which all or some of livestock farmers participate as members;
5. A person appointed by the head of an organization designated by the Minister for Food, Agriculture, Forestry and Fisheries, among consumer organizations under Article 2 of the Framework Act on Consumers;
6. One person recommended by the head of the abattoir operators' organization under subparagraph 1 from among experts from academic circles or the distribution industry.
(3) Directors, except the chairperson, and auditors shall be non-standing.
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 Article 5 (Establishment, etc. of Fund for Restructuring Abattoirs)   print
(1) In order to cover expenses incurred in restructuring and raise funds necessary for the establishment and operation of the Council, the Council may establish the fund for restructuring abattoirs (hereinafter referred as the "Restructuring Fund") with the following financial resources:
1. Charges allocated to abattoir operators who are members of the Council;
2. Contributions by persons who are not abattoir operators;
3. Gains from the management of the Restructuring Fund and other earning.
(2) When the Council intends to establish the Restructuring Fund, it shall present the issue before the general meeting of the Council for resolution. In such cases, the resolution shall be adopted by an affirmative vote of not less than two-thirds of members.
(3) Matters necessary for the methods and procedures for the collection of charges allocated to abattoir operators shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
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 Article 6 (Limit on Charges)   print
The limit on charges shall not exceed 3/1000 of the average sale price of livestock or livestock products.
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 Article 7 (Use of Restructuring Fund)   print
(1) The Restructuring Fund shall be used for the following business activities:
1. Assistance to abattoirs to be closed down;
2. Other business activities considered necessary by the Council in connection with the restructuring of abattoirs.
(2) Expenses used for the management of the Restructuring Fund shall not exceed 2/100 of the amount of the fund raised.
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 Article 8 (Accounting of Restructuring Fund)   print
(1) The accounting year of the Restructuring Fund shall coincide with the government's fiscal year.
(2) The budget and settlement of accounts of the Restructuring Fund shall be subject to the resolution by the Council and then the approval by the Minister for Food, Agriculture, Forestry and Fisheries.
(3) The Council shall keep accounts for the procurement and management of the Restructuring Fund clear and separate such accounts from other accounts.
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 Article 9 (Application for Restructuring Fund)   print
An abattoir operator who wishes to close down his/her business may file an application to the Council for the payment of money out of the Restructuring Fund, accompanied by evidential documents, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
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 Article 10 (Assistance, etc. to Abattoir Operators Applying for Close-down)   print
(1) The Council may pay money out of the Restructuring Fund to a abattoir operator who files an application for the payment of money out of the Restructuring Fund pursuant to Article 9, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(2) The criteria for the payment under paragraph (1) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, taking the following factors into account:
1. Results of performance of the relevant abattoir during the last three years proceeding the date of promulgation of this Act;
2. Reasonable profits of the relevant abattoir.
(3) An abattoir operator shall not be qualified for filing an application for the payment of the Restructuring Fund under paragraph (1), if he/she has no record of performance of slaughter during the last six months proceeding the date of promulgation of this Act, he/she has no membership of the Council, or he/she has not paid charges to the Council.
(4) Matters necessary for the criteria for assistance to closed-down abattoir operators and reasonable profits shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
(5) When the Council pays the Restructuring Fund pursuant to paragraph (1), it shall notify a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the abattoir of the payment.
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 Article 11 (Restriction on Business Operation of Abattoir)   print
No one shall run a abattoir business for ten years from the date of closure at the place in which a abattoir closed down with the payment of the Restructuring Fund under Article 10 (1) was located (referring to the site permitted for the abattoir business).
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 Article 12 (Preferential Assistance under Policies on Livestock Industry)   print
When the Minister for Food, Agriculture, Forestry and Fisheries establishes and implements a policy on the livestock industry, he/she may provide preferential assistance to abattoir operators who have paid charges to the Council with membership of the Council.
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 Article 13 (Guidance and Supervision)   print
The Minister for Food, Agriculture, Forestry and Fisheries may guide and supervise the Council in regard to its business activities for the establishment and operation of the Restructuring Fund and may issue orders necessary for the sound management of the Council, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.
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 Article 14 (Legal Fiction of Public Officials in Application of Penal Provisions)   print
Executives and employees of the Council shall be construed as public officials in the application of penal provisions under Articles 129 through 132 of the Criminal Act.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Effective Period) This Act shall be effective until December 31, 2015.
ADDENDA<Act No. 10310, May 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.