Rabies Prevention Law
法令番号: 法律第247号
公布年月日: 昭和25年8月26日
法令の形式: 法律
I hereby promulgate the Rabies Prevention Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-sixth day of the eighth month of the twenty-fifth year of Showa (August 26, 1950)
Prime Minister YOSHIDA Shigeru
Law No.247
Rabies Prevention Law
Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Ordinary Disposition(Articles 4-7)
Chapter III Disposition When Rabies Happens(Articles 8-19)
Chapter IV Additional Provisions(Articles 20-25)
Chapter V Penal Provisions(Articles 26, 27)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to prevent and control the outbreak and spread of rabies, and to eradicate the disease, in order to protect and promote the public health and welfare of the people.
(Scope of Application)
Article 2. This Law shall apply to rabies of dogs only, among rabies of animals. However, the Minister of Welfare may in case rabies breaks out among any other animals than domestic animals as cited in Article 1 paragraph 1 of the Law concerning the Infectious Diseases of Domestic Animals (Law No.29 of 1922), and it is deemed to affect seriously upon the public health, designate the species of animal, period and area, and apply mutatis mutandis one part of this Law. In this case, this period shall not exceed one year.
(Rabies Prevention Officer)
Article 3. Governors of To, Do, Fu and prefectures shall appoint the rabies prevention officers (hereinafter referred to as "prevention officers" ) from among the veterinarians who are personnel of To, Do, Fu and prefectures concerned.
2 In performing his duties, the prevention officer shall carry with him a certificate to show his status and show it at the request of the persons concerned.
CHAPTER II Ordinary Disposition
(Registration)
Article 4. Owner of a dog shall apply for the registration of the dog as may be determined by Ministry of Welfare Ordinance once a year to the governor of To, Do, Fu or prefecture who has jurisdiction over the place where the dog is kept through the mayor of city, town or village (concerning an area where a ward of Tokyo-To exists, chief of the ward;hereinafter the same).
2 When application for the registration mentioned in the preceding paragraph is made, the governor of To, Do, Fu or prefecture shall register it on the ledger and shall issue the licence for the dog through the mayor of city, town or village mentioned in the preceding paragraph to the owner of the dog.
3 The owner of a dog shall keep the licence mentioned in the preceding paragraph to the dog.
4 Governor of To, Do, Fu or prefecture may, with respect to the registration of a dog, collect the registration fee not exceeding three hundred yen a year per one dog.
(Immunization)
Article 5. The owner of a dog (in case any person other than the owner keeps the dog, such a person;hereinafter the same) shall have the dog receive rabies immunization every six months, as may be determined by Ministry of Welfare Ordinance.
2 The Chief of Health Centre shall issue an certificate medal of immunization to the owner of the dog which received the immunization mentioned in the preceding paragraph.
3 The owner of a dog shall attach the certificate medal of immunization mentioned in the preceding paragraph to the dog.
(Detention)
Article 6. In case the prevention officer has found the existence of a dog which is not registered as provided for in Article 4, or has no licence attached to it, or is not immunized or wears no certificate medal of immunization as provided for in the preceding Article, he shall detain such a dog.
2 The prevention officer may employ the dog catchers previously designated by the governor of To, Do, Fu or prefecture to catch the dog, in order to carry out such detention as mentioned in the preceding paragraph.
3 In case the dog catcher mentioned in the preceding paragraph, engages in catching dogs, the provision of Article 3 paragraph 2 shall apply mutatis mutandis.
4 In case the prevention officer has detained a dog in accordance with the provision of paragraph 1, he shall notify the owner of the dog, in case the owner is known, to receive the dog or he shall notify to that effect, in case the owner is unknown, to the mayor of city, town or village having jurisdiction over the place where the dog is detained.
5 When the mayor of city, town or village has received the report under the provision of the preceding paragraph, he shall give public notice thereof for two days.
6 In cases where the owner did not receive the dog, within three days after the owner received the notice or lapse of public notification period under the preceding paragraph, the prevention officer may dispose of the dog.
7 To, Do, Fu or prefecture shall, in the case of the preceding paragraph, compensate for the damage which is raised usually to the person who suffered damage by the disposition.
(Quarantine for Exportation and Importation)
Article 7. No person shall import or export dogs unless they have passed quarantine.
2 The affairs concerning the quarantine under the preceding paragraph shall be under the jurisdiction of the Minister of Agriculture and Forestry, and matters concerning the quarantine shall be provided for by Ministry of Agriculture and Forestry Ordinance.
CHAPTER III Disposition When Rabies Happens
(Duty to Report)
Article 8. The veterinarian who has diagnosed the dog which suffers or is suspicious of suffering from rabies, or the dog bitten by such dog, or who has examined the corpse of suce dog shall, as may be determined by Ministry of Welfare Ordinance, report without delay to that effect to the mayor of city, town or village having jurisdiction over the place where the dog is kept. However in case diagnosis or examination has not been done by a veterinarian on the dog or the corpse thereof, the owner of such dog shall report it.
2 When the report mentioned in the preceding paragraph has been made, the mayor of city, town or village shall report without delay to the governor of To, Do, Fu or prefecture to that effect.
3 When the governor of To, Do, Fu or prefecture has received the report as cited in the preceding paragraph, he shall make report to that effect to the Minister of Welfare as well as to the governors of neighboring To, Do, Fu and prefectures.
(Duty of Isolation)
Article 9. The veterinarian who has diagnosed the dog as cited in paragraph 1 of the preceding Article or the owner thereof shall confine the dog without delay. However, in unavoidable case where there is a danger for human life, killing the dog shall not be precluded.
2 Prevention officers may give necessary instruction concerning the isolation as cited in the preceding paragraph.
(Public Notice and Chaining Order, etc.)
Article 10. When the governor of To, Do, Fu or prefecture deems that rabies (including suspected case of rabies;hereinafter the same from this Chapter to Chapter V) has occurred, he shall immediately, give public notice thereof and shall give an order, defining the area within five kilometers in radius from the centre where rabies case has happened and period, to have all dogs in the area muzzled or leashed.
(Prohibition of Killing)
Article 11. No dog isolated under the provision of Article 9 paragraph 1 shall be killed without the permission of prevention officers.
(Handing Over of Carcass)
Article 12. When the dog under the provision of Article 8 paragraph 1 has died, the owner of the dog shall hand over the carcass to the prevention officer, for the purpose of examination or antopsy. However, in cases where the prevention officer has permitted or where the handing over is unnecessary, the same shall not apply.
(Examination and Immunization)
Article 13. In case rabies occurs, governor of To, Do, Fu or prefecture may, if he deems it necessary for control and eradication of the spread thereof, stipulate the period and area and cause the prevention officers to examine all dogs simultaneously or to enforce temporary immunization.
(Measures to be Taken for the Confirmation of the Disease)
Article 14. Prevention officers may, if they deem it necessary for the confirmation of the disease, execute the autopsy of the carcasses of dogs or kill the dogs infected with rabies upon the permission of the governor of To, Do, Fu or prefecture.
2 In the case of the preceding paragraph the provision of Article 6 paragraph 7 shall apply mutatis mutandis.
(Restriction of Movement)
Article 15. Governor of To, Do, Fu or prefecture may, if he deems it necessary for preventing and eradicating the spread of rabies, restrict or prohibit, fixing the period and district, the movement of dogs or carcasses of dogs within the area of To, Do, Fu or prefecture concerned, or carrying thereof into or out of To, Do, Fu or prefecture concerned.
(Cutting Off or Restriction of Communication)
Article 16. Governor of To, Do, Fu or prefecture may, if he deems it urgently necessary, in case of outbreak of rabies, cut off or restrict the communication at the place where the dog suffering from rabies is kept and in the neighboring area, fixing the period, as may be determined by Ministry of Welfare Ordinance. However, the period shall not exceed seventy-two hours.
(Prohibition of Institution Where Dogs Are to be Gathered)
Article 17. Governor of To, Do, Fu or prefecture may, if he deems it necessary for prevention and eradication of the spread of rabies, prohibit exhibitions of dogs and any other institutions where dogs are to be gathered.
(Detention of Unleashed Dog)
Article 18. Governor of To, Do, Fu or prefecture may, if he deems it necessary for preventing and exterminating the spread of rabies, have the prevention officer detain the dogs unleashed, despite of the leashing order issued under the provision of Article 10.
2 In the case of the preceding paragraph, the provisions of Article 6 paragraph 2 to paragraph 7 inclusive shall apply mutatis mutandis.
(Enforcement Order of the Minister of Welfare)
Article 19. When the Minister of Welfare deems it necessary for prevention and extermination of the spread of rabies, he may order, fixing the area and period, the governor of To, Do, Fu or prefecture to enforce the measures under the provisions of Article 13 and Article 15 to the preceding Article inclusive.
CHAPTER IV Additional Provisions
(Cooperation of Public Officials, etc.)
Article 20. If public officials or veterinarians engaging in maintenance of the public health or public peace are requested for cooperation in order to prevent rabies by the prevention officers, they shall not refuse it.
(Establishment of the Detention House for Dogs)
Article 21. Governor of To, Do, Fu or prefecture shall establish detention houses for dogs in the area of To, Do, Fu or prefecture concerned for the purpose of housing the dogs detained in accordance with the provisions of Article 6 and Article 18, and shall have the prevention officer take charge thereof.
(Use of Fee Collected)
Article 22. All the fees collected under the provision of Article 4 paragraph 4 shall be used to attain the purpose of this Law.
(Classification of Responsibility for Expenses)
Article 23. Expenses necessary for the enforcement of the provisions of this Law excluding those specified as follows shall be borne by To, Do, Fu and prefectures:
(1) Expenses borne by the State:
Expenses for the quarantine for import and export, under the provision of Article 7 (excluding the expenses for feeding and housing of the dogs during the quarantine for import and export);
(2) Expenses borne by owners of dogs:
i. Expenses necessary for the procedure of registration under the provision of Article 4;
ii. Expenses for immunization for the dogs in accordance with the provisions of Articles 5 and 13;
iii. Expenses for feeding and housing of the dogs during their detention and their returning under the provisions of Articles 6 and 18;
iv. Expenses for feeding and housing of the dogs during the quarantine for import and export under the provision of Article 7;
v. Expenses for making reports under the provisions of Article 8;
vi. Expenses for isolation under the provision of Article 9, and for the dispositions taken under the instruction.
(The Effect of the Action of Disposition, etc. on the Successors)
Article 24. Disposition and procedure or any other actions under this Law or orders issued under this Law shall have the effect on any successors of those who have property right or any other right to the dogs which are the subjects of such action.
(City Decided by Cabinet Order)
Article 25. "To, Do, Fu or prefecture" or "governor of To, Do, Fu or prefecture" mentioned in this Law shall read "city" or "mayor of city" as to the city provided for by Cabinet Order, based upon the provision of Article 1 of the Health Center Law (Law No.101 of 1947). However, the same shall not apply to the provisions of Article 8 paragraph 2 and paragraph 3.
CHAPTER V Penal Provisions
Article 26. Any person who falls under any of the following items shall be punished with a fine not exceeding 50,000 yen:
(1) Any person who imported or exported a dog (including animals in the case whereto this Law has applied mutatis mutandis under the provision of Article 2) which failed to pass quarantine in contravention of the provisions of Article 7;
(2) Any person who failed to make report in contravention of the provision of Article 8 paragraph 1;
(3) Any person who failed to isolate a dog in contravention of the provision of Article 9 paragraph 1.
Article 27. Any person who falls under any of the following items shall be punished with a fine not exceeding 30,000 yen:
(1) Any person who has failed to apply for the registration of a dog or to attach the licence to a dog in contravention of the provision of Article 4;
(2) Any person who has failed to have the dog undergo immunization or to attach the certificate medal of immunization in contravention of the provision of Article 5;
(3) Any person who has not obeyed the instruction concerning isolation of dogs provided for in Article 9 paragraph 2;
(4) Any person who has not obeyed the order to have the dog muzzled or leashed, in contravention of the provision of Article 10;
(5) Any person who has killed a dog in contravention of the provision of Article 11;
(6) Any person who has not handed over a carcass of a dog in contravention of the provision of Article 12;
(7) Any person who has failed to have the dog undergo the examination or immunization as provided for in Article 13;
(8) Any person who has not obeyed the prohibition or restriction of movement carrying in or out of the dog or its carcass as provided in Article 15;
(9) Any person who has not observed the cutting off or restriction of communication owing to rabies of dogs as provided for in Article 16;
(10) Any person who has not obeyed the prohibition order on institution where dogs are to be gathered, as provided for in Article 17.
Supplementary Provisions:
1. This Law shall come into force as from the day of its promulgation.
2. The registration of dogs as provided for in Article 4 and the inoculation thereof as provided for in Article 5 in 1950 shall be prescribed by Ministry of Welfare Ordinance in order to be conducted by September 30, 1950.
3. The Law concerning the Prevention of Infectious Diseases of Domestic Animals shall be partially amended as follows:
"Dog" in Article 1 paragraph 1 shall be deleted.
"Rinderpest, pleuro-pneumonia of cattle or rabies" in Article 4 paragraph 1 item (1) shall be amended as "Rinderpest or pleuro-pneumonia of cattle" and paragraph 2 of the same Article shall be deleted.
"Swine paratyphus" in Article 5 paragraph 1 item (1) shall be followed by "rabies" .
Article 17 shall be amended as follows:
Article 17. Deleted.
Article 23 paragraph 3 item (5) shall be deleted and item (6) shall be item (5).
In the proviso to Article 24 paragraph 1 item (1), "dogs and" shall be deleted.
4. Application of the penal provisions to the acts acted before the enforcement of this Law shall be as heretofore.
Prime Minister YOSHIDA Shigeru
Minister of Welfare KUROKAWA Takeo
Minister of Agriculture and Forestry HIROKAWA Kozen