Livestock Dealers Law
法令番号: 法律第208号
公布年月日: 昭和24年6月10日
法令の形式: 法律
I hereby promulgate the Livestock Dealers Law.
Signed:HIROHITO, Seal of the Emperor
This tenth day of the sixth month of the twenty-fourth year of Showa (June 10, 1949)
Prime Minister YOSHIDA Shigeru
Law No.208
Livestock Dealers Law
(Object of this Law)
Article 1. The purpose of this Law is to secure fairness in the livestock transaction by enforcing the licence system of the livestock dealers.
(Definitions)
Article 2. Under the present Law, the term "livestock" shall mean cattle, horse, swine, sheep and goat, and the term "livestock dealer" shall mean such person as licenced under the provisions of the following Article, makes it his business to purchase, sell, exchange or recommend livestock (hereinafter referred to generally as "the livestock transaction" ).
(Licence)
Article 3. Any person who intends to be livestock dealer must obtain licence from To, Do, Fu or prefectural governor who has jurisdiction over the place of his domicile, paying the licence-fee, as provided in a Ministerial Ordinance within the limits not exceeding one thousand yen.
2 To, Do, Fu or prefectural governor concerned shall, on receiving the application for licence of the preceding paragraph, grant the licence without delay unless the applicant comes under any of the items of the following Article.
(Cases of Not Granting Licence)
Article 4. Any person who comes under any of the following items shall not be granted the licence mentioned in the preceding Article:
1) An incompetent or quasi-incompetent person;
2) A person who was sentenced to a heavier penalty than a fine in violation of this Law or the Infectious Animal Disease Prevention Law (Law No.29 of 1922) and has not yet passed full one year from the day of completion of execution of his penalty or the day on which his penalty was decided not to be executed;
3) A person who has not yet passed full two years from the day on which his licence was revoked under the provisions of par.1 or 2 of Art.7 (except revocation on application by the livestock dealer himself). However, this shall not apply to those persons whose licences were revoked under the provisions of item 1 of this Article and has come not to fall under the same item.
(Register-Book of Livestock Dealers)
Article 5. There shall be kept register-books of livestock dealers by each To, Do, Fu or prefecture to enter in the book matters concerning the licence of livestock dealers.
(Registration and Delivery of Licence Card)
Article 6. The licence mentioned in Art.3 shall be granted by registering in the register-book of livestock dealers.
2 To, Do, Fu or prefectural governor concerned, when he grants the licence mentioned in Art.3, shall deliver a licence card to the livestock dealer.
(Revocation of Licence and Suspension of Business)
Article 7. To, Do, Fu or prefectural governor concerned shall revoke the licence of a livestock dealer who comes under any of items 1 and 2 of Art.4, or when the livestock dealer applied for the revocation.
2 To, Do, Fu or prefectural governor may revoke the licence of suspend the business for a fixed period of a livestock dealer who has come under any of the following items:
1) When he contravened the provisions of Art.11;
2) When he has failed to carry on livestock transaction business for more than full one year without just cause.
3 To, Do, Fu or prefectural governor concerned shall, when he intends to make disposition under the provisions of the preceding paragraph, give the livestock dealer in question opportunity to be heard, informing him beforehand of the fixed date and place of hearing. The livestock dealer may on the occasion of the hearing pass his opinions and present evidences.
(Effect of Licence etc.)
Article 8. The effect of the licence of Art.3 and that of the revocation of licence or suspension of business mentioned in the preceding Article shall be extended to all To, Do, Fu and prefectures.
(Procedures of Application for Licence, etc.)
Article 9. Procedures relating to application for licence, registration, correction and deletion of the statements in the register-book of livestock dealers, and delivery, rewriting, redelivery and return of the licence card, except those provided for in the preceding six Articles, shall be fixed by a Ministerial Ordinance.
(Restrictions on Business concerning Livestook Transaction)
Article 10. No other person than a livestock dealer shall engage in the business of livestock transaction.
(Presentation of Licence Card)
Article 11. Any livestock dealer, on every occasion he practises livestock transaction, must carry with him his licence card of livestock dealer, and must present it to the other party of transaction of the request of the latter.
(Penal Rules)
Article 12. Any person who falls under any of the following items shall be liable to a penal servitude not longer than two years or to a fine not exceeding one hundred thousand yen, or to both of them:
1) A person other than the livestock dealer who has engaged in the business of the livestock transaction in contravention of the provisions of Art.10;
2) A person who has obtained a licence stating fraudulent or false facts.
Article 13. Any person who has acted against an order of suspension of business issued in accordance with the provisions of Art.7, par.2 shall be liable to a penal servitude not longer than one year or to a fine not exceeding fifty thousand yen, or to both of them.
Article 14. Any person who has acted against the provisions of Art.11 shall be liable to a fine not exceeding thirty thousand yen.
Article 15. In case where a representative of a juridical person, or a proxy, employee or operative of a juridical person or of a person has acted against the provisions of the preceding three Articles, in relation to the business thereof, not only the offender shall be punished but also the juridical person or the person concerned shall be liable to the fine as provided for in each of the Articles concerned of this Law.
Supplementary Provisions:
1. The date of the enforcement of this Law shall be fixed by a Cabinet Order within ninety days from the day of promulgation thereof.
2. Any person who is actually engaged in the business of livestock transaction at the time of enforcement of this Law may continue to engage in his business for sixty days from the date of the enforcement of this Law, irrespective of the provisions of Art.10.
3. The same shall, in case where the parson mentioned in the preceding paragraph applies for the licence under the provisions of Art.3 within the period of the same paragraph, apply also to the period until the decision is passed on the application.
Minister of Agriculture and Forestry MORI Kotaro
Prime Minister YOSHIDA Shigeru