Domestic Animal Infectious Diseases Control Law
法令番号: 法律第166号
公布年月日: 昭和26年5月31日
法令の形式: 法律
I hereby promulgate the Domestic Animal Infectious Diseases Control Law.
Signed:HIROHITO, Seal of the Emperor
This thirty-first day of the fifth month of the twenty-sixth year of Showa (May 31, 1951)
Prime Minister YOSHIDA Shigeru
Law No.166
Domestic Animal Infectious Diseases Control Law
Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Prevention of Outbreak of Domestic Animal Infectious Disease(Articles 4-12)
Chapter III Control of the Spread of Official Diseases(Articles 13-35)
Chapter IV Animal Quarantine Inspection on Export and Import(Articles 36-46)
Chapter V Miscellaneous Provisions(Articles 47-62)
Chapter VI Penal Provisions(Articles 63-66)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to promote the livestock industry by preventing the outbreak and controling the spread of domestic animal infectious diseases (including parasitisms;hereinafter the same).
(Definitions)
Article 2. In this Law, an "official disease" means one of the infectious diseases mentioned in the left column of the following table and contracted by the domestic animal mentioned in the corresponding line of the right column:
Kind of infectious disease
Species of domestic amimals
1 Rinderpest
Cattle, sheep, goat, swine.
2 Contagious pleuro-pneumonia of cattle
Cattle.
3 Foot-and-mouth disease
Cattle, sheep, goat, swine.
4 Cattle influenza
Cattle.
5 Enzootic encephalitis
Cattle, horse, sheep, goat, swine.
6 Rabies
Cattle, horse, sheep, goat, swine.
7 Anthrax
Cattle, horse, sheep, goat, swine.
8 Blackleg
Cattle, sheep, goat, swine.
9 Haemorrhagic septicaemia
Cattle, sheep, goat, swine.
10 Brucellosis
Cattle, sheep, goat, swine.
11 Tuberculosis
Cattle, goat.
12 Piroplasmosis (only piroplasmosis caused by the causative agent prescribed by Ministerial Ordinance)
Cattle, horse.
13 Trypanosomiasis (only Trypanosomiasis caused by the causative agent prescribed by Ministerial Ordinance)
Cattle, horse.
14 Anaplasmosis
Cattle.
15 Trichomoniasis
Cattle.
16 Glanders
Horse.
17 Pseudo-farcy
Horse.
18 Equine infectious anaemia
Horse.
19 Equine paratyphus
Horse.
20 Sheep pox
Sheep.
21 Scabies
Sheep.
22 Hog cholera
Swine.
23 Swine erysipelas
Swine.
24 Fowl cholera
Chicken, duck.
25 Fowl pest
Chicken, duck.
26 Newcastle disease
Chicken, duck.
27 Pullorum
Chicken, duck.
2 In this Law, a "diseased animal" means a domestic animal which has contracted an official disease and a "pseudo-diseased animal" means a domestic animal which is suspected to be a diseased animal or which is likely to become a diseased animal on account of its contact, or its being suspected of contact, with the causative agent of rinderpest, contagious pleuro-pneumonia of cattle, foot-and-mouth disease, rabies, glanders or sheep pox.
(Application to Administrator)
Article 3. In this Law, any provision concerning the owners of domestic animals, articles or establishments (excluding the provisions of Articles 56, 58 and 59) shall apply to those other than owners who take care of the domestic animals, articles or establishments concerned (excluding agents of forwarding by railway, tramway, motor-car, ship or aircraft to whom the transport of domestic animals, articles or establishments is consigned), if there are such persons.
CHAPTER II Prevention of Outbreak of Domestic Animal Infectious Disease
(Duty to Report Death)
Article 4. The owner of cattle, horse, sheep, goat or swine shall, in case the animal has died of disease, so report without delay to the mayor of city, town or village having jurisdiction over the locality of its carcass according to the procedure provided for by Ministerial Ordinance. However, as for the domestic animals in transit by a forwarding agent by railway, tramway, motor-car, ship or aircraft, the report to be made by the owner of the respective animals shall be made by the forwarding agent, except the case where the owner can make such report without delay.
2 The report mentioned in the preceding paragraph concerning the domestic animals mentioned in the proviso to the same paragraph may, if it causes obstruction to transportation, be made to the mayor of city, town or village having jurisdiction over the final destination of the cargo concerned.
3 The provision of paragraph 1 shall not apply in cases where a report has already been made as provided for in Article 13 paragraph 1 concerning the respective domestic animals or where a domestic animal has died in the course of the inspection under the provisions of Article 40 or 45 or other cases provided for by Ministerial Ordinance.
4 The mayor of city, town or village shall, upon receipt of the report mentioned in paragraph 1, so notify the animal diseases control commissioner (hereinafter referred to as "the commissioner" ) and also report to the governor of To, Do, Fu or prefecture according to the procedure provided for by Ministerial Ordinance.
5 The mayor of city, town or village shall, if requested by those who have made the report under the provision of paragraph 1, issue to them as provided for by Ministerial Ordinance a certificate that such report has been received.
(Carrying of Health Certificate for Moving Animals)
Article 5. No owner of the domestic animal specified by Cabinet Order shall move it beyond thearea specified by Cabinet Order without a health certificate that they are free from any domestic animal infectious disease. However, this shall not apply in the following cases:
(1) In the case of domestic animals going back and forth beyond the boundaries of the area concerned within a short fixed term;
(2) In the case of domestic animals in transit accompanied with a certificate, issued by the governor of To, do, Fu or prefecture, that they are being transported directly to slaughterhouse for the purpose of slaughter;
(3) In the case of domestic animals being moved with the permission of the governor of To, Do, Fu or prefecture for purposes of experiment and study or for other special causes provided for by Ministerial Ordinance, accompanied with a relevant permit;
(4) In the case of domestic animals being moved within 30 days from the date of receipt of the import quarantine certificate under the provision of Article 44 paragraph 1 or the export quarantine certificate under the provision of Article 45 paragraph 3, accompanied with such certificate.
2 The area specified by Cabinet Order of the preceding paragraph shall be the area of To, Do, Fu or prefecture or wider than that area.
3 The health certificate referred to in paragraph 1 shall be issued by the governor of To, Do, Fu or prefecture or veterinarian in accordance with the standard specified by Ministerial Ordinance, and the term of validity thereof shall be 30 days.
4 The fixed period of paragraph 1 item (1) and the form of the health certificate of the same paragraph, of the certificate of item (2) of the same paragraph and of the permit of item (3) of the same paragraph shall be provided for by Ministerial Ordinance.
5 As for the transportation of domestic animals referred to in paragraph 1, the forwarding agent shall take care not to violate the provision of the same paragraph.
(Inspection, Injection, Dipping or Administration)
Article 6. The governor of To, Do, Fu or prefecture may order the owner of domestic animals to get their domestic animals inspected, injected, dipped or administered by the commissioner, if it is necessary to do so for preventing the outbreak of domestic animal infectious disease.
2 The order referred to in the preceding paragraph shall be made in accordance with the procedures fixed by Ministerial Ordinance after the following matters are noticed publicly ten days before the date of its enforcement. However, in the case of urgency this period may be shortened down to 3 days:
(1) Purpose of enforcement;
(2) Area of enforcement;
(3) Species and scope of domestic animals as objects of enforcement;
(4) Date of enforcement;
(5) Kind and method of inspection, injection, dipping or administration.
(Indication of Inspection, Injection, Dipping or Administration)
Article 7. The governor of To, Do, Fu or prefecture may cause the commissioner in accordance with the provisions of Ministerial Ordinance to identify with brand, tattoo or other marks such domestic animals as have undergone the inspection, injection, dipping or administration under the provision of paragraph 1 of the preceding Article.
(Issue of Certificate)
Article 8. The governor of To, Do, Fu or prefecture shall, if requested by the owner of the domestic animal which has been inspected, injected, dipped or administered in compliance with the provision of Article 6 paragraph 1, deliver to him the certificate that the inspection, injection, dipping or administration has been made in accordance with the provisions of Ministerial Ordinance.
(Enforcement of Disinfection and Others)
Article 9. The governor of To, Do, Fu or prefecture may order the owners of domestic animals to carry out the disinfection, cleaning or extermination of rat, insect and others by limiting an area in accordance with the provisions of Ministerial Ordinance, if it is necessary to do so for preventing the outbreak of domestic animal infectious disease.
(Restrictions on Plant Dealing with Dead Animals)
Article 10. No carcass of cattle, horse, sheep, goat and swine which died because of disease shall be dissected, buried or burnt up at any plant dealing with dead animals unless it comes under one of the following items:
(1) In case there are the certificates referred to in Article 4 paragraph 5;
(2) In the case of burning up or burying the carcass under the direction of the commissioner specified in the main clause of Article 21 paragraph 1, in the case as provided for in the proviso to the same paragraph or in the case of the dissection approved under the provision of paragraph 3 of the same Article.
(Restrictions on Rendering Plant)
Article 11. As for such bone, meat, hide, hair and others as may be designated by the Minister of Agriculture and Forestry who deemed it necessary to do so for preventing the outbreak of any domestic animal infectious disease, no person shall render them as raw materials unless the rendering is made through the facilities and method meeting the standard specified by Ministerial Ordinance.
(Restrictions on Domestic Animal Gathering Institution)
Article 12. The promotor of those meetings where the domestic animals are gathered, such as horseraces, livestock market, cattle show and others, and which are designated by the Minister of Agriculture and Forestry shall prepare accommodations necessary for preventing the outbreak of domestic animal infectious disease, such as animal clinic, isolation place, lift sink and the like, in accordance with the provisions of Ministerial Ordinance during the period of such meeting.
2 The promoter of the meeting who shall set up the animal clinic in accordance with the provision of the preceding paragraph, shall not keep any domestic animal other than the domestic animals diagnosed as being free from any domestic animal infectious disease at the animal clinic and accompanying the health certificate of Article 5 paragraph 1 at the place of meeting during the period of the meeting. However, in the case of keeping domestic animals at the isolation place, of the preceding paragraph, this shall not apply.
CHAPTER III Control of the Spread of Official Diseases
(Duty of Report of Diseased Animal and Others)
Article 13. When the domestic animal is found to have become a diseased or pseudo-diseased animal, the veterinarian who has diagnosed antemortem the said animal or has made post-mortem examination of the carcass thereof (as to the domestic animal not diagnosed by a veterinarian or the carcass thereof which has not yet received the post-mortem examination by the same, the owner) shall make a report thereon without delay in accordance with the procedure specified by Ministerial Ordinance to the mayor of city, town or village having jurisdiction over the locality of the domestic animal or the carcass concerned. However, as for the domestic animal in transit by a forwarding agent by railway, tramway, motor-car, ship or aircraft, he shall make the report which must be done by the owner of the animal concerned, excluding the cases where the owner can make the report without delay.
2 As for the report referred to in the preceding paragraph, the provisions of Article 4 paragraphs 2 and 3 shall apply with necessary modifications.
3 The mayor of city, town or village shall, when he has received the report of paragraph 1, publicly notify the fact, inform the fact to the commissioner and mayor of neighbouring city, town or village and report the governor of To, Do, Fu or prefecture thereof, in accordance with the procedure specified by Ministerial Ordinance without delay.
4 The governor of To, Do, Fu or prefecture shall, when he has received the report of the preceding paragraph, make the public notice thereof, report the fact to the Minister of Agriculture and Forestry and inform the governors of To, Do, Fu and prefectures concerned thereof in accordance with the procedure specified by Ministerial Ordinance.
(Duty of Isolation)
Article 14. The owner of diseased or pseudodiseased animal shall without delay isolate the animal concerned. However, the same shall not apply in the cases where the said animal is set free from isolation under the direction as may be given by the commissioner in accordance with the provision of the following paragraph.
2 The commissioner shall, when he deems it no longer necessary to continue the isolation of the domestic animal which has been isolated under the provision of the preceding paragraph, direct the owner thereof that the said animal may be set free from isolation, or additionally direct, to the extent necessary for the prevention of the spread of official diseases, that necessary measures, such as tethering, restriction of movement beyond a certain area and others should be taken.
3 The commissioner may direct the owner of such animal (excluding the pseudo-diseased animal) as may be feared to become a diseased animal for the reason that it has been kept with the diseased or pseudo-diseased animal or for other reasons not to move the domestic animal concerned beyond a certain area by setting a time limit not exceeding 10 days when it is necessary to do so for controlling the spread of official disease.
(Quarantine)
Article 15. The governor of To, Do, Fu or prefecture or mayor of city, town or village may quarantine the place where exists any diseased animal or any pseudo-diseased animal of rinderpest, contagious pleuro-pneumonia of cattle, footand-mouth disease, glanders or sheep pox (inclusive of any neighboring place which has been stained or is suspected to have been stained with the causative agent of official disease) from other places by setting a time limit not exceeding 48 hours, when it is urgently necessary to do so for controlling the spread of official disease, in compliance with the procedure prescribed by Ministerial Ordinance.
(Obligation of Killing)
Article 16. The owner of the following domestic animal shall immediately kill it under the direction of the commissioner. However, in the cases as provided for by Ministerial Ordinance, this shall not apply:
(1) Diseased animal of rinderpest, contagious pleuro-pneumonia of cattle, foot-and-mouth disease, glanders or sheep pox;
(2) Pseudo-diseased animal of rinderpest or footand-mouth disease.
2 The owner of the domestic animal under the preceding paragraph shall not kill the said animal before the direction under the same paragraph is given, excluding the cases under the proviso to the same paragraph.
(Order of Killing)
Article 17. The governor of To, Do, Fu or prefecture may order the owner of the following domestic animal to kill it by fixing a time limit, if it is necessary to do so for controlling the spread of official disease:
(1) Diseased animal of enzootic encephalitis, rabies, anthrax, blackleg, haemorrhagic septicaemia, brucellosis, tuberculosis, piroplasmosis, trypanosomiasis, anaplasmosis, pseudo-farcy, equine infectious anaemia, equine paratyphus, scabies, hog cholera, swine erysipelas, fowl cholera, fowl pest, Newcastle disease or pullorum;
(2) Pseudo-diseased animal of contagious pleuro-pneumonia of cattle.
2 The governor of To, Do, Fu or prefecture may cause the commissioner to kill the domestic animal concerned when it is urgently necessary to do so in cases where he cannot give the order of the preceding paragraph for the reason that the owner of the said animal or his whereabouts is unknown.
(Report of Killing)
Article 18. The owner of any diseased or pseudo-diseased animal shall, when he intends to kill it, make the report thereof in advance to the commissioner excepting the cases of killing under the provisions of the preceding two Articles and other cases prescribed by Ministerial Ordinance.
(Direction on Killing)
Article 19. The commissioner may give directions on the place or method of killing the domestic animal mentioned in the order referred to in Article 17 or the report referred to in the preceding Article when it is necessary to do so for controlling the spread of official disease.
(Disposition for Discerning the Kind of Disease)
Article 20. The governor of To, Do, Fu or prefecture may cause the commissioner to examine the carcass of animal by autopsy or to kill the pseudo-diseased animal for the purpose of autopsy if it is necessary to do so for discerning the kind of disease.
2 The commissioner may direct the owner of pseudo-diseased animal by setting a time limit not exceeding 7 days not to kill the animal concerned if it is necessary to do so for discerning the kind of disease.
(Duty to Burn Up Carcass and Others)
Article 21. The owner of any of the carcasses of the diseased or pseudo-diseased animals as listed below shall burn up or bury the carcass concerned without delay under the direction as given by the commissioner in accordance with the standard specified by Ministerial Ordinance. However, in the cases where the permission of the governor of To, Do, Fu or prefecture has been obtained for discerning the kind of the disease or effecting the scientific researches, or in other cases as provided for by Ministerial Ordinance, this shall not apply:
(1) Carcasses of the diseased or pseudo-diseased animals of rinderpest, contagious pleuro-pneumonia of cattle, foot-and-mouth disease, cattle influenza, rabies, anthrax, blakleg, haemorrhagic septicaemia, glanders, pseudo-farcy, sheep pox, hog cholera, swine erysipelas, fowl cholera, fowl pest or Newcastle disease;
(2) Carcasses (excepting the carcasses slaughtered in the slaughterhouse) of the diseased or pseudo-diseased animals of enzootic encephalitis, brucellosis, tuberculosis, equine infectious anaemia, equine paratyphus, scabies or pullorum.
2 The owner of the carcass under the preceding paragraph shall not burn up or bury it excluding the cases of the proviso to the same paragraph until the direction of the same paragraph is given.
3 The carcass which shall be burnt up or burried in accordance with the provision of paragraph 1 shall not be moved to other place, stained or dissected without the permission of the commissioner.
(Special Exceptions to the Law relating to Processing Plant of Dead Animals, and Others)
Article 22. When the carcasses of the domestic animals are dissected for purposes of autopsy in accordance with the provision of Article 20 paragraph 1 and when they are burnt up or buried in accordance with the provision of paragraph 1 of the preceding Article, the provision of Article 2 paragraph 1 (prohibition of dealing in the place other than the plant dealing with dead animals) of the Law relating to Processing Plant of Dead Animals, and Others (Law No.140 of 1948) shall not apply.
(Duty to Burn Up the Articles Stained and Others)
Article 23. The owner of the articles which have been stained or are suspected to have been stained with causative agent of any official disease (in case the articles concerned are in transit by railway, tramway, motor-car, ship or aircraft, the owner or the forwarding agent thereof;the same in the following paragraph), shall burn up, bury or disinfect the articles concerned without delay under the direction as given by the commissioner in accordance with the standard provided for by Ministerial Ordinance. However, as for the article stained or suspected to have been stained with the causative agent of pullorum or any other article provided for by Ministerial Ordinance, the owner may burn up, bury or disinfect it without the direction of the commissioner.
2 The owner of the articles of the preceding paragraph (excluding the article under the proviso to the same paragraph) shall not burn up, bury or disinfect the articles cancerned until the direction of the same paragraph is given and shall not transfer to another place, use or wash out the same without the permission of the commissioner.
3 The commissioner may burn up, bury or disinfect by himself the articles specified in paragraph 1 (excluding the article specified in the proviso to the same paragraph) instead of giving the direction of the same paragraph when it is necessary to do so for controlling the spread of official disease.
(Prohibition of Digging Up)
Article 24. No person shall dig up within the period specified by Ministerial Ordinance the land in which any carcass of domestic animal or article stained or suspected to have been stained with causative agent of any official disease has been buried in accordance with the provision of Article 21 paragraph 1 or paragraph 1 of the preceding Article. However, in case the permission of the governor of To, Do, Fu or prefecture has been obtained, this shall not apply.
(Obligation of Disinfection of Stable and Others)
Article 25. The owner of the stable, ship, car and other facilities of similar nature in which any diseased or pseudo-diseased animal or its carcass existed shall disinfect them under the direction given by the commissioner in accordance with the standard specified by Ministerial Ordinance. However, the facilities where the diseased or pseudo-diseased animals of pullorum or their carcasses existed or other facilities specified by Ministerial Ordinance shall not be precluded from being disinfected not awaiting the direction of the commissioner.
2 The owner of the stable, ship, car and other facilities of similar nature specified in the preceding paragraph shall not disinfect them, excluding the case of the proviso to the same paragraph, till the commissioner gives direction.
3 The commissioner may disinfect by himself the facilities specified in paragraph 1 (excluding the facilities specified in the proviso to the same paragraph) instead of giving the direction of the same paragraph when it is necessary to do so for controlling the spread of official disease.
(Special Exceptions during Navigation)
Article 26. In case any diseased or pseudo-diseased animal has died or any article, stable or other facility of similar nature has been stained or is suspected to have been stained with the causative agent of any official disease on the ship sailing the sea, the owner of the domestic animal, article or facility concerned or the captain of the ship concerned (if there is any person who acts for the captain, that person) shall disinfect it or take other necessary measures in accordance with the provisions of Ministerial Ordinance, regardless of the provisions of Article 21, 23 or the preceding Article.
(Obligation of Disinfection of Person Who Come in Contact with Causative Agent)
Article 27. Any person who has come in contact or is suspected to have come in contact with the causative agent of any official disease shall without delay disinfect his body by himself.
(Indicating Diseased Animal and Others)
Article 28. The commissioner may identify the diseased or pseudo-diseased animal with the brand, tattoo or other mark in accordance with the provisions of Ministerial Ordinance.
(Enforcement of Disinfection and Others)
Article 29. The governor of To, Do, Fu or prefecture may order the owners of domestic animals to carry out the disinfection, cleaning or extermination of rat, insect and others by limiting an area in accordance with the provisions of Ministerial Ordinance, if it is necessary to do so for controlling the spread of official disease.
(Inspection, Injection or Dipping)
Article 30. The governor of To, Do, Fu or prefecture may cause the commissioners to carry out the inspection, injection or dipping for animals through the methods specified by Ministerial Ordinance if it is necessary to do so for controlling the spread of any official disease.
Article 31. The owner of the cattle or horse specified by Ministerial Ordinance shall submit his animal to the inspection for tuberculosis or equine infections anaemia as carried out by the governor of To, Do, Fu or prefecture through the methods specified by Ministerial Ordinance.
2 The governor of To, Do, Fu or prefecture shall carry out the inspection referred to in the preceding paragraph at least once a year.
3 The provisions of Article 6 paragraph 2, Articles 7 and 8 shall apply with necessary modifications to the inspection referred to in paragraph 1.
(Restrictions on Moving of Domestic Animals and Others)
Article 32. The governor of To, Do, Fu or prefecture may, by establishing by-laws, prohibit or restrict the moving of a certain species of domestic animals or their carcasses or articles having the danger of disseminating causative agent of any official disease within the area of To, Do, Fu or prefecture concerned or carrying them into or out of To, Do, Fu or prefecture concerned, if it is necessary to do so for controlling the spread of official diseases.
2 The Minister of Agriculture and Forestry may, by designating an area, prohibit or restrict the transportation of a certain species of domestic animals or their carcasses, or articles having the danger of disseminating causative agent of any official disease from the area concerned in accordance with the provisions of Ministerial Ordinance if it is necessary to do so for controlling the spread of official disease.
(Restrictions on Opening Animal Gathering Institutions and Others)
Article 33. The governor of To, Do, Fu or prefecture may, by establishing by-laws, suspend or restrict the opening of such meetings where domestic animals are to be gathered as horse racing, livestock market, cattle show and others, or the operating of slaughter-house or rendering plant, if it is necessary to do so for controlling the spread of official disease.
(Restrictions on Pasturage and Others)
Article 34. The governor of To, Do, Fu or prefecture may, by establishing by-laws, suspend or restrict pasturage, copulation or hatching of a certain species of domestic animals if it is necessary to do so for controlling the spread of official disease.
(Obligation of Report and Information)
Article 35. The governor of To, Do, Fu or prefecture shall, as for the preventive measures taken for the purpose of controlling the spread of official disease in accordance with the provisions of this Chapter, make a report on enforcing situations and their results to the Minister of Agriculture and Forestry and also shall inform the interested governors of To, Do, Fu and prefectures thereof in accordance with the provisions of Ministerial Ordinance.
CHAPTER IV Animal Quarantine Inspection on Export and Import
(Prohibition of Importation)
Article 36. No person shall import the following articles. However, in case he has obtained the permission issued by the Minister of Agriculture and Forestry for purposes of scientific experiment and researches, this shall not apply:
(1) Any of articles provided for in each item of the following Article and designated by the Minister of Agriculture and Forestry which were shipped from or via the overseas district specified by Ministerial Ordinance;
(2) Any causative agent of domestic animal infectious diseases.
2 Any importation through the permission referred to in the proviso to the preceding paragraph shall be made with a written statement certifying that the permission referred to in the same paragraph has been received.
3 To the permit referred to in the proviso to paragraph 1, the Minister of Agriculture and Forestry may attach such conditions as the method of importation, method of administration and any other necessary condition after the articles have been imported.
(Appending the Inspection Certificate for Import)
Article 37. The following articles designated by the Minister of Agriculture and Forestry (hereinafter referred to as "the designated quarantine articles" ) shall not be imported unless they are accompanied with the inspection certificate or its copy issued by the Government organ of the exporting country assuring or crediting that there is no fear of disseminating causative agent of any domestic animal infectious disease in consequence of the inspection. However, in case of the importation from the foreign country where exists no government organ for animal quarantine or in other case designated by the Minister of Agriculture and Forestry, this shall not apply:
(1) Animals or their carcasses, bone, meat, eggs, hide, hair or others, or their containers and packings;
(2) Excluding those articles listed in the preceding item, litters having any danger of disseminating, causative agent of any domestic animal infectious disease or any other similar matter.
(Restrictions on Importing Place)
Article 38. No designated quarantine article shall be imported via any place other than the seaport and airport designated by Ministerial Ordinance. However, as for the articles inspected in accordance with the provision of Article 41 and furnished with the import quarantine certificate issued in accordance with the provisions of Article 44 or articles to be imported as mail matters, this shall not apply.
(Quarantine Signal)
Article 39. Any ship which enters a port from abroad, laden with the designated quarantine articles (excluding the articles which were conveyed as mail matters) shall without delay hoist the quarantine signal after its entry in accordance with the provisions of Ministerial Ordinance.
2 The signal referred to in the preceding paragraph shall not be put down until the quarantine inspection under the provision of Article 41 or unloading of the designated quarantine articles of the same paragraph is over, or until the ship leaves port.
(Import Quarantine)
Article 40. Any person who has imported the designated quarantine articles shall make a report thereon without delay to the Animal and Plant Quarantine Station and receive the inspection of those articles in status quo by the veterinary quarantine official (hereinafter referred to as "the official" ) as to whether or not they violate the provisions of Articles 36 and 37, and whether or not those articles have fear of disseminating causative agent of any domestic animal infectious disease. However, in case the articles have been inspected in accordance with the provision of the following Article and accompanied with the import quarantine certificate issued in accordance with the provisions of Article 44, or in case the articles have been imported as mail matters, this shall not apply.
2 The official may, when any article other than the designated quarantine articles has been stained or is suspected to have been stained with causative agent of any domestic animal infectious desease, inspect it without delay after the importation.
3 The inspection under the provision of paragraph 1 shall be carried out at the Animal and Plant Quarantine Station or the places designated by the official serving in the seaport or airport designated in accordance with the provision of Article 38. However, in cases where there are some special reasons, the official may inspect them at other place designated by the Minister of Agriculture and Forestry.
4 The official may give the person who receives the inspection referred to in paragraph 1 the directions on the route to be followed and on other methods for moving the designated quarantine articles to the place referred to in the preceding paragraph, when it is necessary to do so for controlling the spread of the causative agent of domestic animal infectious disease.
Article 41. The official may inspect the designated quarantine articles or other articles to be imported which have been stained or are suspected to have been stained with the causative agent of any domestic animal infectious disease on board a ship or in an aircraft prior to the importation.
(Importation as Mail Matters)
Article 42. No designated quarantine article shall be imported as the mail matter other than parcel, commercial sample good or package.
2 Any person who has received any mail matter containing the designated quarantine articles imported in contravention of the provision of the preceding paragraph shall make a report thereon without delay together with the articles above to the Animal and Plant Quarantine Station and receive the inspection by the official.
Article 43. Any post office going through custom formalities shall, on receipt of any parcel, commercial sample goods or package which contains or is suspected to contain the designated quarantine articles, make a report thereon without delay to the Animal and Plant Quarantine Station.
2 The official shall, upon receipt of the report referred to in the preceding paragraph, inspect the parcel, commercial sample goods or package referred to in the same paragraph.
3 The official may require the addressee to open the mail matter concerned if it is necessary to do so for the inspection referred to in the preceding paragraph.
4 The official may open the mail matter concerned in the presence of the post office officials, if the addressee refuses the opening referred to in the preceding paragraph or it is impossible to require the addressee to open the mail matter.
5 Any person who has received any parcel, commercial sample goods or package not yet inspected in pursuance of paragraph 2 and which contains the designated quarantine articles, shall make a report thereon without delay together with the article concerned to the Animal and Plant Quarantine Station, and receive the inspection by the official.
(Delivery of Import Quarantine Certificate and Others)
Article 44. The official shall, if he has recognized that the designated quarantine articles have no fear of disseminating causative agent of any domestic animal infectious disease in consequence of the inspection under the provisions of the preceding four Articles, shall deliver the import quarantine certificate in accordance with the provisions of Ministerial Ordinance and shall put brand, tattoo or any other mark on the designated quarantine articles.
2 The official shall, when he is requested for an import quarantine certificate on any article other than the designated quarantine articles inspected under the provision of Article 40 paragraph 2 or Article 41, deliver the import quarantine certificate.
(Export Inspection)
Article 45. Any person who intends to export the following articles shall proviously submit them for inspection to the official and also obtain the export quarantine certificate delivered by him in accordance with the provision of paragraph 3:
(1) Any of animals or other articles for which the government of the importing country requires the inspection certificate certifying whether or not they have fear of disseminating causative agent of any domestic animal infectious disease issued by the export country upon the importation thereof;
(2) Any of articles specified in each item of Article 37 and designated by the Minister of Agriculture and Forestry who deems it necessary to do so for the international animal diseases control.
2 As for the inspection referred to in the preceding paragraph the provision of Article 40 paragraph 3 shall apply with necessary modifications.
3 The official shall, in case he deems that the article concerned has no fear of disseminating causative agent of any domestic animal infectious disease in consequence of the inspection referred to in paragraph 1, deliver the export quarantine certificate in accordance with the provisions of Ministerial Ordinance.
4 The official may reinspect the article which has been furnished with the export quarantine certificate in accordance with the provision of the preceding paragraph when it is necessary to do so for international animal diseases control.
(Preventive Measures Following the Inspection)
Article 46. In the course of the inspection made under the provision of Article 40 paragraph 1 or 2, Article 41, Article 42 paragraph 2, Article 43 paragraph 2 or 5, or paragraph 1 or 4 of the preceding Article, when the articles to be inspected are deemed to have been stained or to be suspected to have been stained with or to have a fear of being stained with causative agent of any official disease, "the governor of To, Do, Fu or prefecture" (in the case of Article 15, "the governor of To, Do, Fu or prefecture or mayor of city, town or village" ) and "the commissioner" prescribed in the provisions of Articles 6 to 8 inclusive, 14 to 21 inclusive, 23 to 25 inclusive, 28 and 30 which apply to the case mentioned above shall read "the chief of Animal and Plant Quarantine Station" and "the official" respectively.
2 As for the animals and other articles which the Minister of Agriculture and Forestry deemed to have been stained with or to be suspected to have been stainded with caustative agent of any domestic animal infectious disease other than the official diseases in the inspection under the preceding paragraph, he may order the owner to isolate or disinfect them, or may cause the official to isolate, inject, dip or disinfect them in accordance with the provisions of Ministerial Ordinance.
CHAPTER V Miscellaneous Provisions
(Direction of the Minister of Agriculture and Forestry to Governor of To, Do, Fu or Prefecture)
Article 47. The Minister of Agriculture and Forestry may, in case the outbreak or spread of any domestic animal infectious didease is apt to have grave influence upon animal industry, direct the governor of To, Do, Fu or prefecture to enforce the preventive measures specified in the provisions of Articles 6, 9, 17, Articles 29 to 31 inclusive, Article 32 paragraph 1, Article 33 or 34.
(Co-operation of the State with To, Do, Fu or Prefecture)
Article 48. The Minister of Agriculture and Forestry may, in the case where he issues the direction in accordance with the provision of the preceding Article or is requested by the governor of To, Fu or prefecture and if it is deemed necessary, cause the official designated by him to attend to the duties to be carried out by the commissioner in accordance with the provisions of Chapter II or III under the direction of the governor of To, Do, Fu or prefecture.
2 In the case of the preceding paragraph, "the commissioner" in the provisions of Chapter II or III shall read "the commissioner or the official designated in accordance with the provision of Article 48 paragraph 1" .
(Transfer or Lending or Animal Biological Products and Others)
Article 49. The Minister of Agriculture and Forestry may transfer the animal biological products or lend the appliances for animal disease control free of charge or at lower cost than the current price to To, Do, Fu or prefecture, if he deems it necessary to do so for preventing domestic animal infectious disease.
(Restriction on Use of the Animal Biological Products)
Article 50. No person shall use the animal biological products designated by the Minister of Agriculture and Forestry unless he has received the permit of the governor of To, Do, Fu or prefecture concerned.
(Inspection Visit and Others)
Article 51. The official or commissioner may inspect animals and other articles, inquire of the person, concerned, collect the blood of animal, milk and others or gather the carcasses of animals and other articles up to the extent necessary for inspection, entering such premises where domestic animals are to be gathered as race-courses, livestock markets, cattle shows and others, or stables, plants dealing with dead animals, slaughter-houses, warehouses, ships, cars or aircraft, or other places which have been stained or are suspected to have been stained with the causative agent of any domestic animal infectious disease, if it is necessary to do so for preventing domestic animal infectious disease.
2 No right of inspection visit, inquiring, collecting or gathering prescribed in the preceding paragraph shall be construed as having been granted for the search of crimes.
(Reports)
Article 52. The Minister of Agriculture and Forestry or the governor of To, Do, Fu or prefecture may request the owner of animals, the promoter of such meeting where domestic animals are to be gathered as race-course, livestock market, cattle show and others, or the owner of plant dealing with dead animals or slaughter-house for the report on necessary matters in accordance with the procedures fixed by Ministerial Ordinance in case it is necessary to do so for preventing domestic animal infectious disease.
(The Official and the Commissioner)
Article 53. The Ministry of Agriculture and Forestry shall have the officials and the government of To, Do, Fu or prefecture shall have the commissioners in order to make them attend to the duties provided for by this Law.
2 The official and the commissioner referred to in the preceding paragraph shall be appointed from among veterinarians. However, if specially necessary, they shall be appointed from among persons of learning, and experience concerning domestic animal infectious diseases control other than veterinarians.
(Bringing of Identity Card and Others)
Article 54. The official or the commissioner shall, when he attends to the duties under this Law, always bring with himself the identity card indicating his status in accordance with the provisions of Ministerial Ordinance, and shall show that card if requested by the person concerned.
(Dress Regulations)
Article 55. The Minister of Agriculture and Forestry shall establish dress regulations of the official.
(Effect of Disposition to Successor)
Article 56. Any of directions and other dispositions under the provisions of this Law or orders issued thereunder shall be effective also to any person who becomes the new administrator of the domestic animal and other articles concerned by succeeding to the right of the creating the right from the owner or administrator of the animals and other articles concerned which shall be disposed.
2 The owner or administrator of domestic animals or other articles referred to in the preceding paragraph shall, in case he transfers the domestic animals or articles concerned to other person or causes the latter to care for them, inform that person of the fact that the disposition has been made and of the content of that disposition.
(Application of the Provisions for Special Ward and Others)
Article 57. In this Law, the provisions concerning city, town or village or mayor of city, town or village shall apply to the special ward or the headman of special ward in the district where the special ward is organized, and shall apply to the association or the administrator of association in the district where the whole-affairs-association or office-affairs-association is organized.
(Allowances)
Article 58. The State shall deliver as allowances the amount determined in each of the following items (the amount obtained by deducting the appraised value of carcass from the amount determined in the item concerned, in case the carcass of domestic animal concerned has a use value) to the owner of domestic animal or article prescribed in the following items (the owner of the domestic animal concerned at the time of order in case the domestic animal was ordered to be killed under the provisions of Article 17):
(1) For diseased animal killed in accordance with the provisions of Article 16 or 17 (excepting the domestic animal coming under the following item);one third of the appraised value of the domestic animal before becoming diseased animal (in case the amount exceeds 43,300 yen per cattle, 26,600 yen per horse, 5,000 yen per sheep or goat, 10,000 yen per swine or 300 yen per chicken or duck, each sum as fixed above for each domestic animal);
(2) For diseased animal of tuberculosis or equine infectious anaemia killed in accordance with the provisions of Article 17;four-fifths of the appraised value of the animal concerned when ordered in accordance with the provisions of the same Article (in case the amount exceeds 104,000 yen per cattle, 12,000 yen per goat or 64,000 yen per horse, each sum as fixed above for each domestic animal);
(3) For pseudo-diseased animal killed in accordance with the provisions of Article 16, 17 or Article 20 paragraph 1;four-fifths of the appraised value of the domestic animal concerned before becoming pseudo-diseased animal;
(4) For animal died or fetus given still-birth or aborted by inspection, injection, dipping or administration in accordance with the provision of Article 6 paragraph 1, Article 30 or Article 46 paragraph 2;full amount of the appraised value of the animal concerned at the time of the inspection, injection, dipping or administration concerned or of the appraised value of the fetus concerned before its still-birth or abortion;
(5) For article burnt up or buried in accordance with the provisions of Article 23 (excluding the case of the proviso to paragraph 1 of the same Article);four-fifths of the appraised value of the article concerned before its burning up or burying.
2 In the case prescribed in Article 46 paragraph 1, the provision of the preceding paragraph shall not apply except for the case of animal and fetus referred to in item (4) of the same paragraph.
3 The Minister of Agriculture and Forestry shall hear the opinion of the governor of To, Do, Fu or prefecture concerned to fix the appraised value of animal, its carcass, fetus or article prescribed in paragraph 1.
4 The governor of To, Do, Fu or prefecture shall hear the opinions of the appraisers not less than three in number he selected previously in accordance with the provisions of Ministerial Ordinance in case he reports his opinion referred to in the preceding paragraph to the Minister of Agriculture and Forestry.
(Share of Expenses)
Article 59. The State shall deliver one half of the expenses necessary for burning up or burying to the owner of carcass of the domestic animal or article which has been burnt up or buried in accordance with the provision of Article 21 para graph 1 or Article 23 paragraph 1.
Article 60. The State shall bear the followingamount of the expenses which the governor of To, Do, Fu or prefecture or the commissioner requires for the execution of this Law:
(1) All of travelling expenses of the commissioner;
(2) All of the allowances and travelling expenses for the appraisers referred to in Article 58 paragraph 4;
(3) One half of allowances for veterinarian employed;
(4) All of the purchasing or manufacturing expenses of anti-rinderpest serum;
(5) One half of the purchasing or manufacturing expenses of animal biological products excepting anti-rinderpest serum;
(6) All of the purchasing expenses of the drugs designated by the Minister of Agriculture and Forestry.
(Delegation of Business to the Chief of Livestock Hygiene Service Center)
Article 61. The governor of To, Do, Fu or prefecture may delegate to the chief of Livestock Hygiene Service Centre a part of the business which is under his jurisdiction in accordance with the provisions of Article 4 paragraph 4, Article 5 paragraph 1 items (2) and (3), paragraph 3 of the same Article, Article 8, Article 13 paragraph 3, Articles 15 and 50.
(Application with Necessary Modifications of This Law to Animal Diseases other than Official Diseases)
Article 62. In case any animal infectious disease other than the official diseases is deemed to outbreak or spread among the demestic animals and other animals and show signs to have grave influence upon maintenance of productivity or hygiene of domestic animals, the whole or a part of the provisions of Chapter III and other Chapters based thereupon may be applicable within one year with necessary modifications by designating the species of animal, kind of disease and area by Cabinet Order.
CHAPTER VI Pernal Provisions
Article 63. Any person who falls under any of the following items shall be purnished with penal servitude for a term not more than threeyears or a fine not exceeding 100,000 yen:
(1) Any veterinarian who contravenes the provision of Article 13 paragraph 1 (including the case where this applies with necessary modifications in Article 62);
(2) Any person who contravenes the provision of Article 16 paragraph 1, Article 36 paragraph 1, Article 37 or 38, Article 45 paragraph 1;
(3) Any person who contravenes the order under the provisions of Article 17;
(4) Any person who contravenes the conditions under the provision of Article 36 paragraph 3;
(5) Any person who does not receive the inspection under the provision of Article 40 paragraph 1 or who acts irregularities on receiving the inspection.
Article 64. Any person who falls under any of the following items shall be punished with penal servitude for a term not more than one year or a fine not exceeding 50,000 yen:
(1) Any person who contravenes the provisions of Article 5 paragraph 1, Article 11 or 12, Article 14 paragraph 1, Article 16 paragraph 2, Article 21 paragraph 1 or 3, Article 50 or Article 56 paragraph 2 (as for Article 14 paragraph 1 and Article 56 paragraph 2, there shall be included the case where those provisions apply with necessary modifications in Article 62);
(2) Any owner who contravenes the provision of Article 13 paragraph 1 (including the case where this applies with necessary modifications in Article 62);
(3) Any person who contravenes the prohibition, suspension or restriction under the provisions of Article 32 or 33 (as for Articles 32 and 33, there shall be included the case where those provisions apply with necessary modifications in Article 62).
Article 65. 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 contravenes the provision of Article 4 paragraph 1, Article 10 or 18, Article 21 paragraph 2, Article 23 paragraph 1, Article 24, Article 25 paragraph 1 or Article 31 paragraph 1 (as for Article 18, Article 23 paragraph 1, Article 24 and Article 25 paragraph 1, there shall be included the case where those provisions apply with necessary modifications in Article 62);
(2) Any person who contravenes the order under the provision of Article 6 paragraph 1, Article 9 or 29 (including the case where this applies with necessary modifications in Article 62);
(3) Any person who contravenes the direction under the provision of the latter part of paragraph 2 or paragraph 3 of Article 14, Article 19 or Article 40 paragraph 4 (as for the letter part of paragraph 2 or paragraph 3 of Article 14 and Article 19, there shall be included the case where those provisions apply with necessary modifications in Article 62);
(4) Any person who contravenes the quarantine under the provision of Article 15 (including the case where this applies with necessary modifications in Article 62);
(5) Any person who refuses, obstructs or evades the autopsy or killing under the provision of Article 20 paragraph 1 (including the case where this applies with necessary modifications in Article 62);
(6) Any person who refuses, obstructs or evades to identify under the provision of Article 28 (including the case where this applies with necessary modifications in Article 62);
(7) Any person who refuses, obstructs or evades the inspection, injection or dipping under the provision of Article 30 (including the case where this applies with necessary modifications in Article 62);
(8) Any person who contravenes the suspension or restriction under the provision of Article 34 (including the case where this applies with necessary modifications in Article 62);
(9) Any person who refuses, obstructs or evades the inspection under the provision of Article 40 paragraph 2;
(10) Any person who does not receive the inspection under the provision of Article 42 paragraph 2 or Article 43 paragraph 5 or who acts irregularities on receiving the inspection;
(11) Any person who contravenes the order issued under the provision of Article 46 paragraph 2 or refuses, obstructs or evades the isolation, injection, dipping or disinfection under the provision of the same paragraph;
(12) Any person who refuses, obstructs or evades the inspection, collecting or gathering under the provision of Article 51 paragraph 1 (including the case where this applies with necessary modifications in Article 62) or makes any false reply to the inquiry under the provision of the same paragraph;
(13) Any person who does not make a report under the provision of Article 52 (including the case where this applies with necessary modifications in Article 62 or who makes a false report).
Article 66. In case any representative of a juridical person or proxy, employee or other worker of a juridical person or of a natural person commits the violation mentioned in the preceding three Articles in connection with the business of the juridical person or the natural person, not only the offender shall be published, but the juridical person or the natural person concerned shall be liable to a fine under each Article in the Penal Provisions, unless it is proved that due care and supervision have been exercised over the business in order to prevent the aforesaid violation committed by his proxy, employee or other worker.
Supplementary Provisions:
1 This Law shall come into force as from June 1, 1951.
2 The Law concerning the Prevention of Infectious Diseases of Domestic Animals (Law No.29 of 1922;hereinafter referred to as "the Old Law" ) shall be abolished. However, as for the application of the penal provisions to the acts committed before the enforcement of this Law, the precedents under the former provisions shall still apply.
3 As for the allowance which shall be delivered to the owner of such animal or article as came under any of the items of Article 24 paragraph 1 of the Old Law before the enforcement of this Law, the precedents under the former provisions shall still apply even after the enforcement of this Law.
4 The disposition and other acts made by the administrative agency, veterinary quarantine officer or the commissioner for the prevention of infectious diseases of domestic animals in accordance with the provisions of the Old Law or orders issued thereunder shall be regarded as having been mad by the administrative agency, the official or the commissioner, in accordance with the corresponding provisions of this Law or orders issued thereunder.
5 The Ministry of Agriculture and Forestry Establishment Law (Law No.153 of 1949) shall be partially amended as follows:
Article 27 paragraph 1 item (2) shall be amended as follows:
(2) Quarantine or inspection of domestic animals to be imported and exported and other goods in accordance with the provisious of the Domestic Animal Infectious Diseases Control Law (Law No.166 of 1951) or the Rabies Prevention Law (Law No.247 of 1950).
6 In the provisions of the undermentioned Laws, "the Law concerning the Prevention of Infectious Diseases of Domestic Animals (Law No.29 of 1922)" shall be amended as "the Domestic Animal Infectious Diseases Control Law (Law No.166 of 1951)" :
Livestock Dealers Law (Law No.208 of 1949) Article 4 item (2):
Law for Improvement and Increased Production of Livestock (Law No.209 of 1950) Article 17 paragraph 2 item (3).
Minister of Welfare, pro tempore Minister of State HORI Shigeru
Minister of Agriculture and Forestry HIROKAWA Kozen
Minister of Transportation YAMAZAKI Takeshi
Prime Minister YOSHIDA Shigeru