The Animal Protection Law was amended to prohibit unapproved animal performances (Taiwan)

Emily Chueh

The President promulgated the President-Hua-Zong-One-Yi-10700063001 Directive of June 13, 2018 to promulgate amendments to Articles 3, 6-1, 26, 29 and 31 of the Animal Protection Law (hereinafter, the “Law”) to enhance the administration of animal performances.

Article 3 of the Law as amended specifically stipulates that using animals for display, performances or interactions with people in public sites or sites accessible to the public falls within the scope of performance and deletes the definition of the animal performance business to avoid inadequate protection of animals used for other performances as a result of the past definition, which was limited to animals for performances and riding in business locations for the purpose of entertainment.

In addition, Article 6-1 of the Law as amended provides that basically no one is permitted to use animals for performances without approval.  If application for an animal performance is sought, this is only limited to a social education foundation, leisure farm, tourist or entertainment enterprise or any other entity with qualifications designated by the competent authority.  In addition, if an applicant or relevant personnel employed by the applicant have been found guilty for violation of Article 25 and Article 25-1, Paragraph 1 of the same law in a final court decision, the animal performance application will not be granted.  In addition, animal performance application requires a bond or liability insurance to ensure the safety and proper care of the performing animals.  In addition, the entity staging an animal performance is required to have proper facilities and full-time personnel and shall be subject to evaluation.  If the evaluation is not passed with no improvement, the competent authority may cancel the performance approval.  Since an animal performance operator needs a grace period for adjustment, this article also provides that if animal performances were staged before the effective date of the amendments on May 22, 2018, the performances may continue within one year after the effective date of the amendments.

In light of the above control requirements, an animal performance without approval shall be subject to a fine of NT$50,000 to NT$250,000 pursuant to Article 26 of the Law as amended.