I hereby promulgate the Breeding Stock Law.
Signed:HIROHITO, Seal of the Emperor
This twelfth day of the seventh month of the twenty-third year of Showa (July 12, 1948)
Prime Minister ASHIDA Hitoshi
Breeding Stock Law
(Object of the Law)
Article 1. The object of this Law is to secure breeding stock and intensify their use in order to promote improvement and multiplication of livestock with a view to developing the livestock industry.
(Definitions)
Article 2. Within the meaning of this Law, the "breeding stock" is a male one of cattle, horse, or such kinds of animals as may be designated by Cabinet Order and is such one as the raiser thereof, with intention to use it for covering service (including artificial insemination. The same shall apply hereinafter), has obtained the certificate of the competent Minister to that effect.
Within the meaning of this Law, the "raiser" is a person who feeds and takes care of livestock.
(Delivery of the Certificate)
Article 3. The cempetent Minister shall, when an application for delivery of the certificate mentioned in Art.2, Par.1 is presented, conduct the inspection of the livestock concerned and also deliver the certificate to the raiser of such an animal or is not affected with any contagious disease (hereinafter referred to as disease).
The certificate shall carry such matters as indicate the grade in pedigree, performance and form of the breeding stock it refers to.
The kinds of the diseases of Par.1, the procedures of application for delivery of the certificate and of the inspection, the term of validity of the certificate and other necessary matters in regard to delivery of the certificate shall be determined by Ministerial Ordinance.
(Prohibition of Covering Service)
Article 4. Any cattle or horse or other male animals designated by Cabinet Order other than a breeding stock or any breeding stock for which the validity of the certificate has been suspended in accordance with the provisions of Art.6 shall not be used for covering service;provided that this shall not apply to the case designated by Ministerial Ordinance.
No raiser of a breeding stock shall use his breeding stock for covering service in awareness of its being affected with a disease;provided that this shall not apply in such cases as may be specified by Ministerial Ordinance.
(Disease Inspection)
Article 5. The competent Minister or any Prefectural Governor may, if he deems it necessary to do so, cause a member of the breeding stock inspection committee to conduct an inspection of breeding stock in regard to diseases in accordance with the provisions of a Ministerial Ordinance.
When a member of the breeding stock inspection committee conducts an inspection in accordance with the provisions of the preceding paragraph, he shall carry with him a certificate indicating his position and duty, and present it whenever requested by any person in connection with the inspection.
(Revocation or Suspension of Validity of the Certificate)
Article 6. The competent Minister may, in accordance with the provisions of Ministerial Ordinance, revoke or suspend the validity of the certificate of Art.3 for any breeding stock which he deems to be affected with a disease from the results of the inspection mentioned in Par.1 of the preceding Article.
(Duties of the Raiser of a Breeding Stock)
Article 7. The raiser of a breeding stock shall present the certificate for his breeding stock whenever requested by any responsible Government official or public official, any raiser of the livestock to be covered by the breeding stock concerned or any other persons as designated by Ministerial Ordinance.
The raiser of a breeding stock may not, when requested by the raiser of the female livestock covered by the male breeding stock concerned to issue service certificate, refuse the delivery of such certificate without due reasons.
Necessary matters concerning the service eertificate of the preceding paragraph shall be determined by Ministerial Ordinance.
(Livestock Registration Society)
Article 8. Owners or raisers of livestock may established livestock registration societies.
A livestock registration society shall be a juridical person.
Article 9. The object of a livestock registration society shall be, with a view to improving livestock, to carry out the business of registration of those breeding stocks or other animals which have passed the inspection conducted by a registration examination committee in regard to their pedigree, performance and form, and to carry out other necessary business.
Matters in respect of the registration examination committee, inspection, and registration mentioned in the preceding paragraph and other necessary matters shall be determined by Ministerial Ordinance.
Article 10. Any livestock registration society shall use in its official name the term "livestock registration" or "registration society" with the term indicating kinds of livestock it deals with at the head.
Any other person than a livestock registration society may not use in its official name any of the terms prescribed in the preceding paragraph or any other name which is similar thereto.
Article 11. In addition to the provisions of this Law, provisions of the Civil Code (Law No.89 of 1896) governing the corporate juridical person shall apply mutatis mutandis to a livestock registration society.
(Restriction on Transfer or Slaughter of Livestock)
Article 12. The competent Minister may, if he deems it especially necessary to do so for securing breeding stock, give any necessary order to raisers of livestock in regard to the restriction on transfer or slaughter of livestock, specifying the district, kind and age of the livestock to be involved.
The competent Minister may, in accordance with the provisions of Cabinet Order, delegate a part of the authorities in the preceding paragraph to any prefectural governor.
(Penal Provisions)
Article 13. Any person who has contravened an order given in pursuance of Art.12 shall be liable to a fine not exceeding five thousand yen.
Article 14. Any person who has contravened the provisions of Art.4, Par.1 or 2 shall be liable to a fine not exceeding three thousand yen.
Article 15. Any person who has refused, obstructed or evaded the inspection conducted under the provisions of Art.5 shall be liable to a fine not exceeding one thousand yen.
Article 16. Any person who has refused or evaded the presentation of the certificate under the provisions of Art.7, Par.1 or who has refused or evaded the delivery of the certificate under the provisions of Par.2 of the same Article shall be liable to a fine not exceeding five hundred yen.
Article 17. Any person who has contravened the provisions of Art.10, Par.2 shall be liable to an administrative fine not exceeding three hundred yen.
Supplementary Provisions:
The date of enforcement of the present Law shall be determined by Cabinet Order not later than ninety days reckoning from the day of its promulgation.
The Government, for the time being, may, in accordance with the provisions of Cabinet Order, designate some islands where a part or the whole of this Law shall not come into force.
The provisions of Art.12 shall be in effect for no longer than two years from the date of enforcement of this Law;provided, that in application of penal provisions to an act committed within the term of validity of the provisions of the same Article, the provisions of Art.13 shall be still applicable even after the expiration of the same term.
The Bull Examination Law (Law No.42 of 1907) and the Stud Horse Control Law (Law No.75 of 1939) shall be repealed.
Any breeding bull under the Bull Examination Law existing at the time of enforcement of this Law shall be considered as a breeding stock under this Law, and any certificate under the provisions of Art.2 of the same Law shall be considered as a certificate under this Law.
Any stallion under the Stud Control Law existing at the time of enforcement of this Law shall be considered as breeding stock under this Law.
Part of the Horse Castration Law (Law No.22 of 1901) shall be amended as follows:
In Art.1, "stallion or candidate for stallion" shall read "breeding stock under the Breeding Stock Law" , in Art.4 of the same Law, "any stallion or candidate for stallion the designation of which has been cancelled or has become ineffective" shall read "any breeding stock under the Breeding Stock Law for which the validity of the certificate has been revoked" ;and in Art.9 of the same Law, "the provisions of the Stud Horse Control Law concerning the stallion or candidate for stallion" shall read "the provisions of the Breeding Stock Law concerning the breeding stock."