LAW FOR THE HUMANE TREATMENT AND MANAGEMENT OF ANIMALS

(in Japan)

(Law No. 105, October 1, 1973, revised December 22, 2000)

*Note: This should be regarded as a tentative translation by ALIVE until the official English version is published by the Ministry of the Environment.

Contents

Chapter 1: General Provisions (Articles 1 ~ 4)

Chapter 2: Proper Care and Keeping of Animals

Section 1: General Provisions (Articles 5 ~ 7)

Section 2: Regulations for Businesses Dealing with Animals (Articles 8 ~14)

Section 3: Measures Relating to Protection of the Living Environment of Neighborhoods (Article 15)

Section 4: Measures Relating to Preventing Harm to Human Life, etc., by Animals (Article 16)

Section 5: Staff with Responsibility for Animal Protection (Article 17)

Chapter 3: Measures Taken by Prefectures, etc. (Articles 18 ~ 22)

Chapter 4: Miscellaneous Regulations (Articles 23 ~ 26)

Chapter 5: Penalties (Articles 27 ~ 31)

Chapter 1: General Provisions

(Purpose)
Article 1

The purpose of this Law is to prescribe matters relating to the prevention of cruelty to animals, the appropriate treatment of animals and other matters relating to the protection of animals, and to engender a feeling of love for animals among the people, thereby contributing to the development of respect for life and sentiments of amity and peace; and to prescribe matters relating to the control of animals, thereby preventing harm being done by animals to human life, body and property.

(Fundamental Principle)
Article 2

In recognition of the fact that animals are living beings, all people are required not only to refrain from killing, injuring, and inflicting cruelty upon animals, but also to treat animals properly while taking the need for symbiosis between people and animals and the natural habits of animals into account.

(Popularization and Education)
Article 3

With respect to the protection, proper care and keeping of animals, the Government and local public bodies are required to make efforts at popularization and public education concerning the fundamental principle outlined in the preceding article, while attempting to forge mutual linkage between educational activities and public relations activities.

("Be Kind to Animals" Week)
Article 4

1. "Be Kind to Animals" Week shall be established in order to enhance interest and understanding among the people concerning the protection and proper methods of keeping animals as living beings.

2. "Be Kind to Animals" Week shall be from September 20 through 26.

3. During "Be Kind to Animals" Week, the Government and local public bodies are required to hold functions appropriate to the aims of the said week.

Chapter 2: Proper Care and Keeping of Animals

Section 1: General Provisions

(Obligations of Owners and Possessors of Animals, etc.)
Article 5

1. Owners and possessors of animals are required, in full realization of their responsibilities as owners or possessors of living beings, to maintain the health and safety of their animals by caring for or keeping their animals in a proper manner, and to ensure that their animals do not cause harm to human life, body, or property, or become a nuisance.

2. Owners and possessors of animals are required to make efforts to obtain correct knowledge with respect to infections diseases capable of being spread by the animals in their care or possession.

3. Possessors of animals are required to make efforts to take action to clarify that the animals in their possession are their own possessions.

4. The Prime Minister may, after consultation with the heads of the administrative organs concerned, prescribe standards applicable to the care and keeping of animals.

(Obligations of People Involved in Animal Sales-Related Business)
Article 6

People who engage in animal sales as a business are required to make efforts to provide necessary explanations with respect to the proper methods of animal care and keeping to purchasers of the animals concerned and to ensure that the purchasers understand their explanations.

(Measures by Local Public Bodies)
Article 7

In order to maintain the health and safety of animals and to prevent animals from creating a public nuisance, local public bodies may, as provided for by ordinance, provide guidance to owners or possessors concerning the care and keeping of their animals or take other action where necessary.

Section 2: Regulations for Businesses Dealing with Animals

(Notification of Engagement is Businesses Dealing with Animals)
Article 8

1. Individuals or corporations who are to engage in running a business (the definition of "animal" is limited to mammals, birds and reptiles and does not include animals in care or keeping at livestock farms, etc., or animals used for experimental research, manufacture of biotics or other purposes or other purposes as defined by relevant laws or instructions; this definition applies hereinafter in the current and following Sections) dealing with animals (the definition of "businesses dealing with animals" applies to individuals or organizations engaged in sales, keeping, renting out, training, exhibiting and other animal handling activities on a commercial basis as determined by relevant laws or instructions; this definition applies hereinafter) that utilizes facilities for the care or keeping of animals (hereinafter referred to as "keeping facilities") are required to notify the following items to their local prefectural governor (or to the mayor in the case of cities specially designated by Government Ordinance and accorded the privilege of executing autonomously certain administrative affairs that ordinarily fall within the jurisdiction of the Prefectural Office under the Local Government Act [1947, Law No. 67, Article 252-19-1], hereinafter referred to as "designated cities"; this definition applies hereinafter in the current Section and in Articles 15-1 and 2) with respect to each of the business's branch offices that contains facilities for keeping animals, in accordance with stipulations issued by the Ministry of the Environment. Items to be notified:

i. Name or designated title and address; and in the case of corporations, name of representative

ii. Name and address of enterprise that installed the keeping facilities

iii. Kinds and numbers of animals ordinarily handled

iv. Structure and scale of the keeping facilities

v. Management method employed at the keeping facilities

vi. Other items as specified in the relevant notification issued by the Ministry of the Environment

2. When providing notification of the aforementioned items, individuals or corporations are also required to submit a plot plan of each keeping facility and a sketch detailing the neighborhood, as well as other documents as specified in the relevant notification issued by the Ministry of the Environment.

(Notification of Changes)
Article 9

1. Individuals or corporations providing notification under the regulations outlined in Paragraph 1 of Article 8, (hereinafter referred to as "businesses dealing with animals") are required to notify the prefectural governor of any changes to the particulars listed under Items 3 to 6 of the paragraph in question, as specified in the relevant notification issued by issued by the Ministry of the Environment.. However, this requirement does not apply in cases where such changes are made in response to the provisions of the relevant notification issued by issued by the Ministry of the Environment.

2. Operators of the businesses dealing with animals are required to are required to notify the prefectural governor of any changes to the particulars listed under Items 1 and 2 of Paragraph 1 of Article 8, or if they stop using the keeping facilities in question without delay.

3. The regulation concerning notification in Paragraph 2 of Article 8 also applies to Paragraph 1 of Article 9.

(Succession)
Article 10

1. When an operator of the businesses dealing with animals is subject a business succession or unification, the successor, the corporation continuing the business following the unification or the new corporation established through the unification will be deemed to have succeeded to the original animal handling business operator's position.

2. The successor to an operator's position of the business dealing of animals is required to notify the prefectural governor of the succession without delay.

(Standards Observance Obligations)
Article 11

1. In order to maintain health and safety of the animals in their keeping, operators of the businesses dealing with animals are required to are required to comply with the standards relating to the structure of keeping facilities, animal care and management methods, etc. specified in the relevant notifications issued by the Ministry of the Environment.

2. In order to maintain the health and safety of the animals under their jurisdiction, prefectures and designated cities are empowered to issue standards to be followed by operators of the business dealing with animals in place of the standards outlined in the pervious paragraph in cases where such standards are considered necessary in the context of applicable natural or social conditions.

(Advices and Orders)
Article 12

1. If a prefectural governor considers that an operator of the business dealing with animals is in breach of the standards mentioned in Article 11, the prefectural governor may issue an advice to the operator of the business dealing with animals that they improve the structure of keeping facilities, animal care and management methods, etc. within a fixed period.

2. In the case that an operator of the business dealing with animals does not comply with an advice, as outlined in the preceding paragraph, issued by a prefectural governor, the prefectural governor may issue an order to the operator of the business dealing with animals that they take appropriate action with respect to the advice in question within a fixed period.

(Reports and Inspections)
Article 13

1. Prefectural governors may request an operator of the business dealing with animals to furnish a report concerning the condition of their keeping facilities, their animal care and management methods, and other items necessary for the execution of the provisions of Articles 8 to 12.

Also, prefectural governors may order prefectural staff to enter the offices, installed keeping facilities and other related places of operators of the businesses dealing with animals in order to inspect keeping facilities and other related objects.

2. Prefectural staff who carry out on-the-spot inspections under the regulation outlined in the pervious paragraph are required to carry identification showing their status, and to display this identification to concerned people.

3. The authority for on-the-spot inspections as outlined in Paragraph 1 should not be interpreted as being allowed for the purpose of criminal investigation.

(Action through Regulations)
Article 14

When it is considered necessary in order to maintain the health and safety of animals, prefectures and designated cities may issue special regulations in place of the standards mentioned in this section mandating actions to be taken by operators of the businesses dealing with animals with installed keeping facilities (including those who are planning to operate business dealing with animals) with respect to the care and keeping of animals.

Section 3: Measures Relating to Protection of the Living Environment of Neighborhoods

Article 15

1. When it is considered that a situation as stipulated in the relevant notification issued by the Ministry of the Environment is occurring in which the living environment of neighborhood is being damaged as a result of the care and keeping of a large number of animals, a prefectural governor may issue an advise to the individual or corporation responsible for the situation that they should take necessary action to end the situation within a fixed period.

2. In the case that an individual or corporation does not comply with an advice, as outlined in the preceding paragraph, issued by a prefectural governor, the prefectural governor may issue an order to the individual or corporation that they take appropriate action with respect to the advice in question within a fixed period.

3. A prefectural governor may ask for necessary cooperation with respect to the advice and order, as outlined in the preceding two paragraphs, to the mayor (apart from the mayor of a designated city) of a municipality (including special districts).

Section 4: Measures Relating to Preventing Harm to Human Life, etc., by Animals

Article 16

In order to prevent harm to human life, body and property, local public bodies may, as provided for by ordinance, prescribe matters to be observe by owners and possessors of animals concerning the care and keeping of the animals and may take such measures concerning the care and keeping

of the animals as are necessary, such as introducing restrictions on the keeping of animals which threaten human life, body and property by requiring owners and possessors to obtain permission to keep such animals or ordering owners and possessors to take necessary action in order to prevent the animals in their keeping from causing harm to human life, body and property. Also, when it is considered necessary, local public bodies may take necessary measures concerning the care and

keeping of animals such as ordering its staff to enter a place where the owner or possessor of the concerned animals has installed facilities for keeping animals or to a related place in order to conduct an on-the-spot survey of the keeping conditions of the concerned animals.

Section 5: Staff with Responsibility for Animal Protection

Article 17

1. In order facilitate the execution of matters concerning animal protection and control, such as on-the-spot inspections conducted in accordance with the regulations outlined in Paragraph 1 of Article 13, or on-the-spot surveys conducted in accordance with the regulations outlined in the preceding article, local public bodies may appoint staff to posts with titles such as "animal protection manager", etc. (In the following paragraph, such staff are referred to as "staff with responsibility for animal protection".)

2. Staff with responsibility for animal protection should be appointed from among the staff of public bodies who have professional knowledge concerning the proper care and keeping of animals such as veterinary knowledge, etc.

Chapter 3: Measures Taken by Prefectures, etc.

(Taking Custody of Dogs and Cats)
Article 18

1. Prefectures, etc. (meaning prefectures and designated cities, cores cites as designated under the Local Government Law, Article 252-22-1 [hereinafter, "core cities"] and other cities as designated by law [including special districts, hereinafter: the same]) are required to take custody of dogs or cats when so required by their owners. In such cases, prefectural governors, etc. (including mayors of designated cities, core cities and other cities as designated by law [hereinafter: the same]) may designate the places at which the dogs or cats are to be taken into custody.

2. The provision in the preceding paragraph shall apply mutatis mutandis in cases where the prefecture, etc., is requested by the finder of a dog or cat or any other person to take custody of the dog or cat in question if the owner is unknown.

3. Governors of prefectures may request whatever cooperation is necessary from mayors of cities towns and villages (including special districts) (with the exception of mayors of designated cities, core cities and other cities as designated by law, as outlined in Paragraph 1) concerning taking custody of dogs and cats as stipulated in Paragraph 1 (including cases where the preceding paragraph applies mutatis mutandis; the same provision to apply hereinafter in Paragraphs 5 and 6, below).

4. Prefectural governors, etc. may commission no-profit juridical persons established for the protection of animals, or other persons, to take custody of dogs and cats as provided in Paragraph 1.

5. Prefectures, etc. may charge a fee as provided by ordinance with respect to taking custody of dogs and cats as provided in Paragraph 1.

6. The Prime Minister may, after consultation with the heads of the administrative organs concerned, prescribe such matters as are necessary with respect to the measures to be taken when it is requested that dogs or cats be taken into custody as provided in Paragraph 1.

(Notification by Finders of Wounded Animals, etc.)
Article 19

1. Any person who finds on a road or in a park or other public place a dog or cat or other animal that is sick or wounded or the carcass of a dog or cat or other animal should promptly notify the owner when the owner is known, or the prefectural governor, etc. when the owner is unknown.

2. When notified as provided for in the preceding paragraph, the prefecture, etc. shall remove the animal or carcass in question.

3. The provisions of Paragraph 6 of the preceding article shall apply mutatis mutandis to the removal of animals as provided for in the preceding paragraph.

(Restrictions on Breeding of Cats and Dogs)
Article 20

1. When the owner of a dog or cat deems that it is liable to become difficult to care for these animals in a proper manner when these animals breed promiscuously, the owner should render reproduction impossible or take other measures to prevent the reproduction of these animals.

2. With respect to dogs and cats taken into custody in accordance with Paragraph 2 of Article 18, Prefectures, etc. are required to make efforts to provide necessary guidance and advice so that actions regulated in accordance with the preceding paragraph are carried out appropriately.

(Animal Welfare Promoters)
Article 21

1. Prefectural governors, etc. may appoint people who possess enthusiasm for and knowledge of animals such as dogs, cats, etc. as animal welfare promoters at the local level.

2. Animal welfare promoters shall carry out the following activities.

i. Deepening the understanding of residents concerning the importance of protecting and properly keeping animals such as dogs, cats, etc.

ii. Providing necessary advice to residents in response to their requests concerning surgical operations and other measures to prevent breeding among animals such as dogs, cats, etc. in order to prevent undesirable reproduction.

iii. Providing necessary support for owners, etc. of animals such as dogs, cats, etc. in their requests for mediation with respect to ownership transfer, etc. in order to provide an opportunity for these animals to be kept under proper conditions.

iv. Provide necessary cooperation with measures carried out at the national or prefectural level for the protection and proper keeping of animals such as dogs, cats, etc.

(Councils)
Article 22

Prefectures, etc., public service corporations working for the humane treatment of animals and other organizations working to broaden education concerning the protection and proper keeping of animals may organize councils for the purpose of holding necessary discussions with a view to promoting the appointment of animal welfare promoters by the concerned prefectures, etc. and supporting the activities by animal welfare promoters.

Chapter 4: Miscellaneous Regulations

(Methods to Be Used When an Animal is Destroyed)
Article 23

1. When an animal must be destroyed, the animal shall be destroyed by methods that cause the animal the minimum pain possible.

2. The Minister of the Environment may, after consultation with the heads of the administrative organs concerned, prescribe such matters as are necessary with respect to the methods used under the preceding paragraph.

(Methods to Be Used When Animals are Used for Scientific Purposes and Subsequent Disposal of Such Animals)
Article 24

1. Where an animal is used for the purposes of education, experimental research, manufacture of biotics or other scientific purposes, it shall be so used by methods that cause the animal in question the minimum pain possible within the limits imposed by the said purposes.

2. When an animal is beyond recovery after use for scientific purposes, the person who used the animal for such scientific purposes must immediately dispose of the animal in question by a method that causes the animal the minimum pain possible.

3. The Minister of the Environment may, after consultation with the heads of the administrative organs concerned, prescribe standards applicable to the methods in Paragraph 1 and the measures in the preceding paragraph.

(Interim Measures)
Article 25

In the case that an order based on the provisions of this law is enacted, revised or abolished, interim measures (including interim measures concerning penal regulations) may be set within the limits judged necessary for the enactment, revision or abolition of the said order

(The Animal Welfare Council)
Article 26

1. The Animal Welfare Council (hereinafter called: "the Council") shall be established as an advisory organ of the Ministry of the Environment.

**Note: the following sections of this article have been revised according to the reorganization of the ministries occurred in January 2001, which transferred the authority of this law from the Prime Minster Office to the Ministry of the Environment.

2. The Council shall study and deliberate matters of importance relating to the protection and control of animals in response to requests by the Prime Minister.

3. The Prime Minister shall consult the Council before he establishes standards under the provisions of Paragraph 4 of Article 5, Paragraph 1 of Article 11 or Paragraph 3 of Article 24 or makes stipulations under the provisions of Paragraph 1 of Item 15 or Paragraph 5 of Article 18

(including mutatis mutandis application under Paragraph 3 of Article 19) or Item 2 of Article 23, and likewise before he changes or abolishes such standards or stipulations.

4. The Council may advise the Prime Minister of its opinion concerning matters of major importance relating to the protection and control of animals.

5. The Council shall consist of not more than fifteen (15) members.

6. Members of the Council shall be appointed by the Prime Minister from among scholars and other experienced persons. However, the majority of the members must be appointed from among persons who have specialized academic knowledge regarding animals.

7. Members shall be appointed for a term of two (2) years. However, the term of appointment of a member filling a vacancy in mid-term shall be for the remainder of his predecessor's term.

8. Members shall work on a part-time basis.

9. In addition to the provisions of each of the preceding paragraphs, such matters relating to the organization and operation of the Council as are necessary shall be prescribed by Cabinet Order.

Chapter 5: Penalties

Article 27

1. Any person who is found to have killed or harmed a protected animal without good reason shall be sentenced to a prison term of not more than one year and liable to a fine of not more than one million yen (\1,000,000).

2. Any person who is found to have cruelly treated a protected animal without good reason in such a way as to weaken its health such as through withholding food or water shall be liable to a fine of not more than three hundred thousand yen (\300,000).

3. Any person who is found to have abandoned a protected animal shall be liable to a fine of not more than three hundred thousand yen (\300,000).

4. "Protected animal" in the preceding paragraphs means the animals specified in each of the following items:

i. Cattle, horses, pigs, sheep, goats, dogs, cats, domestic rabbits, chickens, domestic pigeons and domestic ducks.

ii. Mammals, birds or reptiles other than those specified in the preceding item, which are in the possession of a person.

Article 28

Any person who is found to have failed to have comply with an order issued under the provision outlined in Paragraph 2 of Article 12 shall be liable to a fine of not more than three hundred thousand yen (\300,000).

Article 29

Any person who is found to have committed one of the following offenses shall be liable to a fine of not more than two hundred thousand yen (\200,000).

i. A person who fails to makes a notification in accordance with Paragraph 1 of Article 8 or Paragraph 1 of Article 9 or who makes a false notification in accordance with the same.

ii. A person who fails to make a report in accordance with Paragraph 1 of Article 13 or who makes a false report in accordance with the same.

iii. A person who fails to comply with an order issued under the provision outlined in Paragraph 2 of Article 15.

Article 30

When the representative of a corporation, the agent of a corporation or of an individual, or a worker such as an employee, etc. commits one of the offenses outlined in the three preceding articles in relation to the work of the corporation or individual, the offender shall be subject to punishment and a fine shall also be imposed on the corporation or individual.

Article 31

Any person who fails to make notification in accordance with provisions outlined in Paragraph 2 of Article 9 or Paragraph 2 of Article 10 or who makes false notification in accordance with the same shall be subject to a fine.