Government Ordinance for Enforcement of the Act on Domestic Animal Infectious Diseases Control (Government Ordinance No. 235, 1953)

Government Ordinance for Enforcement of the Act on Domestic Animal Infectious Diseases Control (Government Ordinance No. 235, 1953) Article 1 Other domestic animals (or domestic animals) prescribed by the Government Ordinance referred to in Article 2 paragraph 1 of the Act on Domestic Animal Infectious Diseases Control (hereinafter "the Act") mean the livestock/domestic animals listed in the right column of the following table corresponding to the respective infectious diseases listed in the left column of the same table. Infectious disease Livestock/Domestic animals Rinderpest Water buffalo, deer, wild boar Contagious bovine pleuropneumonia Water buffalo, deer Foot-and-mouth disease Water buffalo, deer, wild boar Infectious encephalitis Water buffalo, deer, wild boar Rabies Water buffalo, deer, wild boar Vesicular stomatitis Water buffalo, deer, wild boar Rift Valley fever Water buffalo, deer Anthrax Water buffalo, deer, wild boar Haemorrhagic septicaemia Water buffalo, deer, wild boar Brucellosis Water buffalo, deer, wild boar Tuberculosis Water buffalo, deer Johne's disease Water buffalo, deer Piroplasmosis (only piroplasmosis caused by the pathogens prescribed by the Ministerial Ordinance) Water buffalo, deer Anaplasmosis (only anaplasmosis caused by the pathogens prescribed by the Ministerial Ordinance) Water buffalo, deer Transmissible spongiform encephalopathy Water buffalo, deer Peste-des-petits-ruminant Deer Classical swine fever Wild boar African swine fever Wild boar Swine vesicular disease Wild boar Fowl cholera Turkey Highly pathogenic avian influenza Pheasant, ostrich, guinea fowl, turkey Low pathogenic avian influenza Pheasant, ostrich, guinea fowl, turkey Newcastle disease (only Newcastle disease as the highly pathogenic one prescribed by the Ministerial Ordinance. The same shall apply hereinafter) Turkey Avian salmonellosis (only salmonellosis caused by the pathogens prescribed by the Ministerial Ordinance) Turkey (Livestock/Domestic Animals Pertaining to Obligation of Installation of Disinfection Equipment) Article 2 The livestock prescribed by the Government Ordinance referred to in the provision of Article 8-2 paragraph 1 of the Act shall be cattle, water buffalo, deer, horse, sheep, goat, pig, wild boar, chicken, duck, quail, pheasant, ostrich, guinea fowl, and turkey. (Passage Restrictions or Blocking to Prevent Outbreak of Animal Infectious Diseases) Article 3 The Governor of the prefecture or the mayor of the city, town or village shall, in cases where he/she restricts or blocks a passage under the provision of Article 10 paragraph 3 of the Act, consult the chief of police having jurisdiction over the locality of the passage for restriction or blocking thereof (if a railway or tramway is established at the locality concerned, or if all or a part of the said locality covers all or a part of the area of a seaport or airport, consultations shall be made with the person who administrates these facilities or the head of the police station having jurisdiction over the locality concerned), and also report this to the governor of the prefecture in the case of a mayor of a city, town or village. 2. The passage restriction or blocking under the provision of Article 10 paragraph 3 of the Act shall be carried out by posting notice of the aim and the reasons and other matters as prescribed by the Ministerial Ordinance at the appropriate place, and close the passage to the area restricted or blocked by roping, installing red or yellow lights at night or by other means to be able to clearly distinguish the area from other areas. (Livestock/Domestic Animals for which the Biosecurity Standards for Rearing Hygiene Management shall be prescribed) Article 4 The livestock prescribed by the Government Ordinance referred to in Article 12-3 paragraph 1 of the Act shall be cattle, water buffalo, deer, horse, sheep, goat, pig, wild boar, chicken, duck, quail, pheasant, ostrich, guinea fowl, and turkey. (Passage Restrictions or Blocking to Prevent Spread of Animal Infectious Diseases) Article 5 The Governor of the prefecture or mayor of the city, town or village shall, in cases where he/she restricts or blocks passage under the provision of Article 15 of the Act, inform the chief of police having jurisdiction over the locality of the passage for restriction or blocking thereof, and also report this to the governor of the prefecture in the case of a mayor of a city, town or village. 2. In the case of the preceding paragraph, if a railway or tramway is established at the locality concerned, or if all or a part of the said locality covers all or a part of the area of a seaport or airport, consultations shall be made with the person who administrates these facilities prior to the release of the information referred to in the same paragraph. 3. The passage restriction or blocking under the provision of Article 15 of the Act shall be carried out by posting notice at appropriate place of the aim and the reasons and other matters as prescribed by the Ministerial Ordinance, and close the passage to the area restricted or blocked by roping, installing red or yellow lights at night or by other means to be able to clearly distinguish the area from other areas. (Exception from Obligation to Incinerate Carcass and Others) Article 6 The cases prescribed by the Government Ordinance referred to in the proviso of Article 21 paragraph 1 of the Act mean as follows: (1) In cases where the carcasses of the animals which were kept for manufacture of biologicals or tissue-engineered medical products (the tissue-engineered medical products prescribed in the provision of Article 2 paragraph 9 of the Act concerning assurance of quality, efficacy and safety of pharmaceuticals and medical devices (Act No. 145, 1960); hereinafter referred to as the same in this item) by the manufacturer of pharmaceuticals or tissue-engineered medical products, which is approved in accordance with the provision of Article 13 paragraph 1 or Article 23-22 paragraph 1 of the same Act or registered for with the provision of Article 23-2-3 paragraph 1 of the same Act, and became affected or suspected animals as a result of the said manufacture, or the carcasses of the animals which were kept by the person, who is designated by the Minister of Agriculture, Forestry and Fisheries in accordance with the provision of Article 43 paragraph 1 of the Pharmaceutical Affairs Act applied by the reading of terms under the provision of Article 83 paragraph 1 of the same Act, for the assay specified in the same provision and became affected or suspected animals as a result of the said assay exist within the facilities of the said person or the facilities designated by the Minister of Agriculture, Forestry and Fisheries. Note) Paragraph 1 of Article 6 includes provisions to be enforced on 25 November 2014. (2) In cases of dissection of the following listed carcasses, incinerate or bury the parts thereof, and render other parts in a rendering plant under the direction of a prefectural Animal Health Inspector (Animal Quarantine Officer for cases with regard to the inspection under the provision of Article 46 paragraph 1 of the Act; hereafter the same). (a) Carcasses of suspected animals of rinderpest, contagious bovine pleuropneumonia, foot-and-mouth disease, anthrax, glanders, classical swine fever or African swine fever that deemed not likely to disseminate pathogens of a notifiable disease in consequence of the inspection that the governor of the prefecture (Director General of the Animal quarantine service for cases in connection with inspection under Article 46 paragraph 1 of the Act) instructed prefectural animal health inspector to conduct. (b) Carcasses of affected animals or suspected animals of vesicular stomatitis, Rift Valley fever, haemorrhagic septicaemia, swine vesicular disease, infectious encephalitis, brucellosis, tuberculosis, Johne's disease, equine infectious anemia, African horse sickness or peste-des-petits-ruminant. (3) In cases of disinfection of the carcasses of affected animals or suspected animals of fowl cholera, highly pathogenic avian influenza, low pathogenic avian influenza, newcastle disease or avian salmonellosis pursuant to the direction of the prefectural animal health inspector. (Employees prescribed by the Government Ordinance) Article 7 The employees prescribed by the Government Ordinance referred to in the provision of Article 46-6 paragraph 2 (6), (8), and (9) of the Act (including the cases in which these provisions apply with necessary modifications in the provision of Article 46-8 paragraph 4) shall be the employees, who are representative of the following. (1) Head or branch office (principal or secondary office for a person other than merchants) (2) Other than those prescribed in the preceding item, those which have a facility available for continuous operation, and which has a person who has the right to conclude the contract concerning possession of the pathogens of animal infectious diseases prescribed in the provision of Article 46-5 paragraph 1. (Maximum Appraised Value of Livestock/Domestic Animals) Article 8 The amounts prescribed by the Government Ordinance referred to in Article 58 paragraph 1 (1) of the Act shall be ¥520,000 for cattle, ¥500,000 for water buffalo, ¥120,000 for deer, ¥5.3 million for horse, ¥65,000 for sheep, ¥44,000 for goat, ¥35,000 for pig, ¥55,000 for wild boar, ¥800 for chicken, ¥2,200 for duck, ¥200 for quail, ¥4,300 for pheasant, ¥52,000 for ostrich, ¥2,800 for guinea fowl, ¥8,800 for turkey. (Decrease in Sales Amount and Others Prescribed by the Government Ordinance) Article 9 The decrease in sales amount or increase in expenditure prescribed by the Government Ordinance referred to in the provision of Article 60 paragraph 2 of the Act shall be the amounts calculated for each of the said items, depending on the following categories for the respective items as prescribed by the Ministerial Ordinance. (1) Livestock: Decrease in sales amount or increase in feed cost, transportation cost, or incineration, burying or rendering expenses of the carcasses. (2) Raw milk, semen for artificial insemination of livestock prescribed in the provision of Article 4 paragraph 1 of the Act on Improvement and Increased Production of Livestock (Act No. 209, 1950), embryos and eggs of livestock prescribed by the provision of Article 11-2 paragraph 5 of the same Act: Decrease in sales amount or increase in storage expenses, cargo handling expense, transportation cost, incineration expenses, burying expenses, or rendering expenses. (Losses Subject to Compensation and Others) Article 10 The losses stipulated by the Government Ordinance referred to in the provision of Article 60-2 paragraph 1 of the Act shall be the appraised values of the designated livestock in the provision of Article 17-2 paragraph 1, which are culled under paragraph 5 or 6 of the same Article (hereinafter referred to as “designated livestock”) prescribed by the Minister of Agriculture, Forestry and Fisheries. 2 The Minister of Agriculture, Forestry and Fisheries shall hear the opinions of the governors of the related prefectures in order to set the appraised values in the preceding paragraph. 3 The Governor of the prefecture shall hear the opinions of three or more of assessors who are assigned in advance as stipulated in the Ministerial Ordinance in order to report his/her opinions to the Minister of Agriculture, Forestry and Fisheries in the preceding paragraph. 4 The national government, when it grants the person who has suffered a loss because he/she culled his/her designated livestock in accordance with the order prescribed by the provision of Article 17-2 paragraph 5 of the Act, the compensation prescribed by the provision of Article 60-2 paragraph 1 of the Act, shall grant the person the amount of money equivalent to the expenses prescribed by the Ministerial Ordinance, including feed expense needed from the day when the said order was given to the day when the designated livestock were culled and others, together with the said compensation. 5 The national government may deposit the compensation prescribed by the provision of Article 60-2 paragraph 1 of the Act concerning the items listed below. (1) In cases where the person to receive a payment of such compensation refuses to receive it or is unable to receive it. (2) In cases where the person to receive a payment of such compensation is unable to be ascertained due to no fault. 6. The national government pays the full amount of the allowance and traveling expenses of the assessors mentioned in the paragraph 3, which is a part of the expenses which the governor of the prefecture needs to report his/her opinion mentioned in the paragraph 2 to the Minister of Agriculture, Forestry and Fisheries. (Clerical Classification) Article 11 The duties to be carried out by the prefecture or city, town or village in accordance with the provisions of Article 5 paragraph 1 and paragraph 2 of this Ordinance shall be the item 1 statutory entrusted affairs in Article 2 paragraph 9 (1) of the Local Autonomy Act (Act No. 67 of 1947).