Enforcement Rules of Statute for Prevention and Control of Infectious Animal Diseases

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=M0130004

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CHAPTER 1 General

Article 1

These Rules are enacted pursuant to Article 47 of the Statute on Prevention and Control of Infectious Animal Diseases (hereinafter referred to as the Statute).

Article 2

The term “other commodities which are likely to spread pathogens of infectious animal diseases” as used in Article 5 of the Statute should refer to commodities including bees, fodder, feed, pathogens, vaccines, blood serum, biological preparations, animal diseased specimens, left-over food from aircraft and vessels on international routes, animal excretions, as well as packing materials and utensils of objects subjected to quarantine.

Article 3

The number of animal disease control officials, as specified in Paragraph 1of Article 8 of the Statute, should be determined by every level of the competent authority taking into consideration the number of livestock raised in the jurisdiction and the local environment.

Article 4

“the person concerned” as used in Article 9 of the Statute should refer to the keeper, feeding manager, trustee of the place where animals are kept, or the captain of a shipping vessel, airplane or the master of a transporting vehicle and any other person who actually takes care of animals.

Article 5

“the authorities concerned” as used in Article 10 of the Statute should refer to authorities for the management of animal raising, transportation, health, customs, environmental protection and policing.

Article 6

In the performance of duty, animal disease control officials should display their identification documents, which should be prepared and issued by the respective authorities concerned at different government levels.
In conducting quarantine examination at a seaport, airport or train station, the animal quarantine officials should wear uniforms. The style of the uniform, hat, and badge should be specified by the central competent authority.

CHAPTER 2 Prevention

Article 7

Following the performance of autopsy and instructions as specified in Paragraph 1of Article 12 of the Statute, animal inspection authorities should prepare an inspection record.

Article 8

The various methods of inspection regarding ante-mortem inspection of animals as prescribed in Paragraph 1 of Article 13 of the Statute, should be declared upon by the central competent authority.

Article 9

(Deleted)

Article 10

The methods of disinfecting as prescribed in the Statute should be described by the central competent authority, subject to the environment and characteristics of the pathogens to be eliminated.

CHAPTER 3 Disease Control

Article 11

The burning or burial of the remains of animals or commodities subject to such disposition under the Statute should be carried out in an incinerator; its operations and exhaust system should conform to stipulations under the environmental protection law. However, in an emergency situation, field burning might be allowed, in which, a pit of a size appropriate to the target object should be dug, or constructed, and its surroundings properly disinfected. Burning should continue until only the bone ashes are left and the ashes should be properly buried.
During the burning or burial of the remains of animals or commodities subject to such disposition under the Statute, the burial site selected should be suitable for monitoring and checking. The depth of the burial pit should allow the peak point of the remains or commodity placed therein to be more than one meter away from the surface of the ground. Before the remains or commodities are placed in the pit, the bottom of the pit should be layered with lime. After the remains or commodities are placed in, they should be covered with lime, then the pit should be filled solidly with earth. To complete the task, a stone tablet or cement pillar should be erected, stating the date of burial and excavation date for monitoring and checking purposes.
Burning or burial as described in the two preceding Paragraphs should be conducted in places far away from residences, sources of drinking water, river, and roads, and be inaccessible by animals.

Article 12

“given time limit” as used in Article 24 of the Statute should mean a period of three years; although, it should be 12 years in the case where the remains or commodity carries or is contaminated with spores forming pathogens.

Article 13

Animal inspection authorities when execute the regulation as referred in the said Statute in Article 26 Paragraph 2 to charge against whoever should responsible for. The charging rate should be prescribed by the municipal or county (city) competent authority.

CHAPTER 4 Export/Import and Quarantine

Article 14

When performing quarantine inspection according to Paragraph 1 of Article 32 of the Statute, the animal quarantine authorities might brand or mark the objects subjected to quarantine before releasing it.
The brand or mark mentioned in the preceding Paragraph should be declared by the animal quarantine authorities.

Article 15

The import objects subjected to quarantine pursuant to Articles 32 and 34 of the Statute, those require examinations or disinfections, might be unloaded and stored in advance in a specifically designated depot to wait for arrangements according to the sequential order of their application for inspection. However, in the case that a passenger or crewmember carries a object subjected to quarantine other than live animal with them, the certificate of the objects subjected to quarantine has been verified, and the objects are found to be pathogen free and no need for disinfection, animal quarantine officials should release the object subjected to quarantine after the records are completed on examination.
The aforesaid specifically designated depot should be arranged in advance by the animal quarantine authorities in consultation with the authorities in charge of dock depots.

Article 16

Transmissible animal diseases subject to export/import animal quarantine control according to the Statute refer to List A, B and C infectious animal diseases promulgated in Paragraph 1 of Article 6 of the Statute.
With regards to List A diseases, animal quarantine authorities should take into account international animal health situations and impose control measures to disease-infected zones in advance. These authorities might also request the central competent authority to declare, pursuant to Article 33 of the Statute, the disease-infected zones and the objects subjected to quarantine embargoed from the disease-infected zones.
With regards to occurred international infectious animal diseases not listed in Paragraph 1 of Article 6 of the Statute, animal quarantine authorities should conduct related quarantine or take emergency preventive measures before the central competent authority make the relevant announcement.

Article 17

Animal quarantine authorities should keep an autopsy record of the autopsied animal under quarantine in detail, including the information such as the part of the lesion, symptoms of the disease, name of the disease diagnosed, and the time, place, and method of autopsy. In addition, the animal quarantine authorities should issue a death certificate of animal subjected to quarantine to certify the original nomenclature, features, origin of the animal and the diagnosed disease or symptoms of the disease.

Article 18

The application for export /import quarantine inspection as specified in Articles 34 and 36 of the Statute should be carried out according to the following procedures:
1. When objects subjected to quarantine are imported by vessel, aircraft, or vehicle, the shipping manifest thereof should be submitted upon arrival and the carrier should wait for examination. When animals are imported in one shipment, the owner or their agent should complete an animal quarantine application form and file it 24 hours prior to the arrival of the shipment.
2. On export by vessel, aircraft or vehicle, objects subjected to quarantine should be delivered to the designated port, station or other designated place prior to the pre-export quarantine period or prior to the time required for examination and disinfection, and the application for quarantine should be filed by the owner thereof or their agent.
3. For objects subjected to quarantine delivered by mail: if imported by ordinary mail, upon receipt of the commodities, the addressee should immediately apply for quarantine; if imported by parcel post, the customs, together with the post administration authorities, should inform animal quarantine authorities and arrange for quarantine.
4. For export of objects subjected to quarantine made by ordinary mail or by parcel post, application for quarantine should be made prior to delivering the commodities to the post office.
Before the exportation of day-old poultry, hatching eggs, breeding eggs, fish fry, live fish, shrimp fry, live shrimp and other objects subjected to quarantine assigned by central competent authority, exporter or their agency should apply to the municipal, county/city competent authority by the regulations as referred in the said Statute Article 32 Paragraph 2 for inspection. Unless they might be able to pass the test and get a certificate, they should not apply for a quarantine certificate to animal quarantine authorities.

Article 19

Imported aquatic animals, laboratory animals and animals to be raised by the zoo or to perform in a circus, which are found to be healthy and require no quarantine after examination, might be issued veterinary certificates and released, after certificates for quarantine issued by the exporting country have been verified and the examination record charts have been completed.

Article 20

Vessels that carry animals affected a infectious animal disease or suspected of being affected a List A infectious animal disease should raise an animal quarantine signal off the port as provisioned in Paragraph 8 of Article 34 of the Statute. Animal quarantine officials will conduct offshore inspection and take necessary actions in accordance with the provisions specified in Paragraph 1 of Article 35 of the Statute.

Article 21

The animal quarantine signal raised as specified in Paragraph 8 of Article 34 of the Statute should be removed only after the animal quarantine official has issued a certificate for examination and unload of the objects subjected to quarantine and the completion of cleaning and disinfection of the cabin in the vessel.
The form of the signal mentioned in the preceding Paragraph should be promulgated by the animal quarantine authorities.

Article 22

Unless central competent authority has any regulation under the said Statute Article 33, the duration of animal quarantine period as referred to in Paragraph 1 of Article 34-1 of the Statute are provisioned as follows:
1. 15 days for import of artiodactylous animals such as cattle, sheep, goats, hogs, etc.; 7 days for export thereof.
2. 10 days for import of perissodactylous animals such as horses, mules, donkeys, etc.; 5 days for export thereof.
3. 21 days for import of carnivorous animals such as dogs, cats, etc.; 15 days for export thereof.
4. 10 days for import of fowls such as chickens, ducks, geese, turkeys, etc.; 5 days for export thereof. Eggs imported for breeding purpose should be isolated for 10 days after the eggs are hatched.
5. No more than 7 days for import of animals other than those mentioned above; no more than 3 days for export thereof
If an animal is suspected of contracting a infectious animal disease other than those specified under Article 6.1 of the Statute during the quarantine period, the period should be extended until the suspicion is removed or the disposal thereof is completed.
The isolation quarantine periods for export specified in the first Paragraph might vary according to the time otherwise stipulated by the importing country.

Article 23

To import animals subjected to isolation quarantine as defined in the said Statute Article 34-1 Paragraph 2, the importers or their agents should apply to the animal quarantine authorities for a provisional pass for objects subjected to quarantine by completing and submitting an application form for animal quarantine and a letter of guarantee thereof. This provisional pass should be used to apply to the customs for permission of landing and used to transport animals to the animal quarantine premise or other designated places for quarantine. At the end of the quarantine period, the provisional certificate should be tendered against the issuance of a veterinary certificate, which should then be used to close the case with the customs.
The transportation of animals as mentioned in the preceding Paragraph will be carried out as instructed by the animal quarantine authorities.
For import of objects subjected to quarantine other than live animals, which have been designated by the quarantine official to be delivered to a designated quarantine premise for disinfection, custom clearance should be applied for after the application for the provisional pass described in Paragraph 1.

Article 24

Where application for export quarantine, the application form should be completed and lodged with the local animal quarantine authorities. The animals should be delivered to the designated animal quarantine premise and be detained there. Once quarantine period has completed, an export veterinary certificate should issued by animal quarantine authorities, from which exportation process might applied against customs.

Article 25

Each animal delivered to and isolated at an animal quarantine premise should be individually assigned a serial number and undergo the following two examinations:
1. Health examination: Any animal which enters a quarantine premise should immediately undergo a health examination which includes an inquiry about the name, purpose, origin, vaccination and transportation records. In addition to the checking of the breed, age, sex, fur color, and features, weight measurement, pulse, respiration and body temperature, nutritional check, conjunctiva, oral cavity, appearance, manure/urine, and parasites, etc should be checked as well. A health examination record chart should be completed according to the results thereof.
2. Routine checking: During the isolation quarantine period, the temperature, pulse, and respiration of the animal should be taken at fixed time each day, and the change, if any, of its appetite, spirit, skin, oral cavity, conjunctiva, and manure/urine should be observed. Findings thereof should be documented in the record chart for animals placed in isolation quarantine.
For objects subjected to quarantine such as chicks and bees that are not suitable for individual numbering for examination, the quarantine official might prepare the aforesaid record chart based on facts found on the particulars set forth in either of the items of the preceding Paragraph.

Article 26

Animals that are isolation quarantined in accordance to the provisions specified in Paragraph 1 of Article 34-1 of the Statute should be claimed by the importer at the end of the isolation quarantine period. Otherwise, an additional charge at 50% of the detention fee should be imposed for each day thereafter. If animals are not claimed fourteen days after the isolation quarantine period, the animal quarantine authorities might have the agent of the owner pay off the detention charge and the advanced money, and instruct him/her to file with the customs an application for closing the case by presenting the relevant veterinary certificate. The isolation quarantined animals should then be handed to the agent on behalf of the owner.

Article 27

Disposition as deemed necessary as referred to in Statute Article 34-1 Paragraph 4 indicates the following measures:
1. Animals which might possibly spread pathogens should be killed and destroyed immediately.
2. Carcasses of the animal should be burned immediately when diagnosed by autopsy to be valueless for any purpose, the remains.
3. A particular abattoir should be designated to slaughter; where the diseased livestock’s parts limbs or organs are found to be hazardous to public health, the said parts limbs or organs should be abandoned by burning or disposed of by a rendering process under supervision.
4. Where the diagnosis of the animal remains to be confirmed or the animal is used for study purposes, the disposal thereof might be deferred or it might be burned after autopsy. Upon the decision made of any of the foregoing measures, the importer or his/her agent should be immediately advised.

Article 28

An animal quarantine official aboard a vessel, vehicle, or aircraft carrying objects subjected to quarantine to perform quarantine inspection pursuant to Article 35 of the Statute, should give the declaration form of animal quarantine inspection to the captain, or the administrator or his/her substitute of the vessel, vehicle, or aircraft to fill out the form. He/she should inquire about quarantine matters, and if necessary, should have access to the logbook or other relevant documents for completing an inspection record chart.

Article 29

If imported animals are found to have contracted infectious animal diseases during the aforesaid inspection, the animal quarantine official might order and supervise the captain of the vessel, aircraft or the master of a vehicle concerned to abandon such animals at sea twelve nautical miles offshore, or supervise the said personnel to kill or burn and/or destroy such animals, and have the said vessel, aircraft or vehicle disinfected.

Article 30

The circumstance where a veterinary certificate is required by the importing country, as mentioned in Paragraph 1 of Article 36 of the Statute, refers to one of the following situations:
1. The applicant of export quarantine provides a document which indicates the requirement of a veterinary certificate. However, if the certificate required by the importing country is for a disease other than those set forth in Paragraph 1 of Article 6 of the Statute, the animal quarantine authorities at a seaport/airport might perform quarantine before the central competent authority promulgates such disease as a disease subject to quarantine.
2. The importing country has established animal quarantine organizations.
If with regard to international animal quarantine the central competent authority deems a quarantine measure against a commodity necessary, which is specified in Paragraph 2 of Article 36 of the Statute, animal quarantine authorities according to international animal health situations should request the central competent authority to promulgate the quarantine measures.

CHAPTER 5 Annex

Article 31

Compensations specified under Paragraph 1 of Article 40 of the Statute should be borne in the following manners:
1. For the compensation specified in Item 1, the amount thereof should be totally borne by the special municipal city, county (city) competent authorities.
2. For the compensation specified in Items 2 ~ 6, one half of the amount thereof should be borne by the special municipal city, county (city) competent authorities, while the other half (1/2) might be subsidized by the central competent authority upon the application tendered. While a infectious animal disease outbreak is becoming too serious, the financial sponsor of central competent authority should not exceed the limit of 50%.

Article 32

The municipal or county (city) competent authority should prepare a forthwith report on information about infectious animal diseases which have occurred and submit it to the authority concerned for the central government.

Article 33

Format of forms, charts, records, certificates, and documentary proofs specified in the Statute and the Enforcement Rules should be determined by the central competent authority or animal quarantine authorities.

Article 34

This Enforcement Rules should come into effect on the date of promulgation.

(In case of any discrepancy between the Chinese text and the English translation thereof, the Chinese text shall govern.)