Livestock Industry Act (Full text as revised on May 25, 2010)

Livestock Industry Act (Full text as revised on May 25, 2010)

Source: Statutes of the Republic of Korea http://elaw.klri.re.kr/eng_service/main.do

Wholly Amended by Act No. 8354, Apr. 11, 2007
Amended by Act No. 8598, Aug. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9666, May 8, 2009
Act No. 9717, May 27, 2009
Act No. 9952, Jan. 25, 2010
Act No. 10310, May 25, 2010

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to provide for matters related to the improvement and propagation of livestock, the structural improvement of the livestock farming business, the control of demand and supply, the stabilization of prices, and the improvement of distribution system for livestock and products thereof, etc. so as to contribute to the development of the livestock farming business, the increase of livestock farmers’ income and the stable supply of livestock products.

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term “livestock” means cattle, horses, sheep (including goats, etc.; hereinafter the same shall apply), swine, chickens, and other animals, poultry, and the like specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;

2. The term “breeding stock” means any livestock with pure traits of the breed and so registered in accordance with Article 6 as the one for propagation, or any livestock recognized as having traits suitable for propagation as a result of an official inspection under Article 7;

3. The term “livestock products” means meat, milk, eggs, and honey produced from livestock, the processed goods therefrom, rawhide (including raw fur), raw wool, and other products from the livestock as specified by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries;

4. The term “incubation business” means a business that hatches eggs of livestock as specified by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries in artificial incubation facilities and sells (including any entrustment of breeding to another person);

5. The term “breeding stock business” means a business that raises any breeding stock, produces livestock or eggs for propagation as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries, and sells (including any entrustment of breeding to another person); and

6. The term “egg distribution business” means a business that engages in collecting, sorting, packaging, and “selling eggs.”

Article 3 (Taking Measures for Development of Livestock Industry)

(1) The Minister of Food, Agriculture, Forestry and Fisheries shall prepare and establish a comprehensive plan and measures necessary for the development of the livestock industry including the improvement and propagation of livestock, the structural improvement of the livestock farming business, the control of demand and supply, the stabilization of prices, and the improvement of distribution of livestock and products thereof, the stable supply of feed-stuff, the treatment of livestock waste and conversion thereof into resources, the sanitation of livestock, etc.

(2) The State and local governments may subsidize the cost and expenses for the projects required for the execution of the measures under paragraph (1) within the limit of their budgets.

Article 4 (Deliberative Committee for Development of Livestock Industry)

(1) The Minister of Food, Agriculture, Forestry and Fisheries shall have the Deliberative Committee for the Development of the Livestock Industry (hereinafter referred to as the “Committee”) under his/her control, which shall deliberate on the matters related to the measures to be taken for the development of the livestock industry pursuant to Article 3.

(2) The Committee shall be composed of the persons specified in the following subparagraphs, and necessary matters concerning the organization and management of the Committee shall be prescribed by Presidential Decree:

1. Public officials concerned;

2. Representatives of producers and producers’ organizations; and

3. Experts from academic circles and livestock-related industries.

CHAPTER II IMPROVEMENT OF LIVESTOCK, ARTIFICIAL INSEMINATION, ETC.

Article 5 (Establishment of Goals of Improvement)

(1) The Minister of Food, Agriculture, Forestry and Fisheries shall set up and publicly notify the goals of the livestock improvement as prescribed by Presidential Decree with a time period predetermined by the Minister for each kind of livestock subject to improvement.

(2) Every Do governor shall prepare and implement a plan for promoting the livestock improvement for his Do in order to achieve the goals of the improvement under paragraph (1).

(3) The Minister of Food, Agriculture, Forestry and Fisheries shall designate an agency for overall control of livestock improvement and institutions for livestock improvement from among the agencies, institutions, and organizations related to livestock in order to achieve the goals of the improvement under paragraph (1) and promote the affairs related to the livestock improvement efficiently.

(4) The Minister of Food, Agriculture, Forestry and Fisheries may provide support for good breeding stock and subsidize the cost and expenses for the projects as necessary for the implementation of the plan for promoting the livestock improvement under paragraph (2) and the promotion of the affairs related to livestock improvement by the institutions designated pursuant to paragraph (3).

(5) Necessary matters concerning the guidelines, procedures, etc. for the designation of the agency for overall control of livestock improvement and the institutions for livestock improvement set forth in paragraph (3) shall be prescribed by Presidential Decree.

Article 6 (Registration of Livestock)

(1) The Minister of Food, Agriculture, Forestry and Fisheries may, if considered necessary for achieving the goals of improvement under Article 5 (1), designate a registration agency from among the agencies, institutions, and organizations related to livestock, and assign it to examine and register necessary matters such as pedigree, ability, and figure of livestock.

(2) Necessary matters concerning the guidelines and procedures for the designation of the registration agency, the livestock qualified for the registration, and the standards and procedures, etc. for examination and registration under paragraph (1) shall be prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

Article 7 (Official Inspection of Livestock)

(1) The Minister of Food, Agriculture, Forestry and Fisheries may, if considered necessary for checking and assessing the level of the improved ability of livestock, designate an official inspection agency from among the agencies, institutions and organizations related to livestock industry, and assign it to execute the official inspection of the livestock specified in the following subparagraphs:

1. Livestock registered under Article 6;

2. Livestock raised for the purpose of producing eggs as specified by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(2) Necessary matters concerning the guidelines and procedures for the designation of the official inspection agency, the procedure for the application for official inspection, and the types and standards of official inspection under paragraph (1) shall be prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

Article 8 (Designation, etc. of Preserved Livestock)

(1) The head of each Si/Gun or Gu (which refers only to an autonomous Gu; hereinafter referred to as the “head of Si/Gun/Gu”) may, if considered necessary for the improvement and preservation of livestock, designate and publicly notify a certain area as a preservation zone and the livestock that shall be preserved within such a reservation zone.

(2) The Minister of Food, Agriculture, Forestry and Fisheries, the Mayor of the Special Metropolitan City or any Metropolitan City, the governor of any Do or the Special Self-Governing Province (hereinafter referred to as the “Mayor/ Do governor”), or the head of Si/Gun/Gu may either grant subsidies for preservation or take any other measures as required for the improvement and preservation of the livestock within the preservation zones under paragraph (1).

Article 9 (Conservation, Management, etc. of Animal Genetic Resources)

In order to secure the diversity of animal genetic resources, the Minister for Food, Agriculture, Forestry and Fisheries may prescribe and publicly notify the matters pertaining to the collection, assessment, conservation, management, etc. of animal genetic resources.

Article 10 (Lease and Exchange of Breeding Stock)

The Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may, if he/she considers it necessary for encouraging the improvement, propagation, and raising of livestock, either lend any breeding stock owned by the State or a local government to a person free of charge, or exchange it with those owned by other persons, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries or municipal ordinances.

Article 11 (Artificial Insemination, etc. of Livestock)

(1) Any person other than an artificial inseminator for livestock (hereinafter referred to as “inseminator”) or a veterinarian shall not collect or treat any semen, ovum, or fertilized egg, or inject it into female livestock: Provided, That anyone other than a veterinarian shall not conduct any act of injecting sex hormone or anesthetic into female livestock in order to collect fertilized eggs from the live female livestock.

(2) Paragraph (1) shall not apply to any of the following cases:

1. Where needed for an academic experiment;

2. Where needed for the artificial insemination or implantation of the livestock of one’s own raising.

Article 12 (Inseminator’s License)

(1) Any of the following persons may be qualified for obtaining a license for inseminator from the Mayor/Do Governor as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. A person who has acquired a qualification of industrial technician or higher in the field of livestock farming, prescribed by Presidential Decree, among the technical qualifications under the National Technical Qualifications Act;

2. A person who has successfully passed an examination for inseminator implemented by the Mayor/Do Governor.

(2) Any of the following persons shall not be qualified for an inseminator:

1. An incompetent or a quasi-incompetent;

2. A mental patient pursuant to subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to any person who is deemed by a mental specialist that he/she may conduct business as an inseminator;

3. An addict to narcotics pursuant to Article 40 of the Act on the Control of Narcotics, etc.: Provided, That this shall not apply to any person who is deemed by a mental specialist that he/she may conduct business as an inseminator.

(3) Necessary matters concerning the examination for inseminator including the subjects of the examination for inseminator under paragraph (1) 2, the partial exemption from the examination, and the criteria for passing the examination, etc. shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

Article 13 (Education of Inseminators)

(1) The Mayor/Do Governor may implement educational programs to enhance the qualification of inseminators.

(2) The State or any local government may subsidize the expenses required for the educational programs under paragraph (1).

Article 14 (Revocation of Inseminator’s License)

The Mayor/Do Governor shall revoke an inseminator’s licence, if the inseminator in question falls under either of the following subparagraphs:

1. When he/she has obtained the license by false or other fraudulent means;

2. When he/she has come to fall under any subparagraph of Article 12 (2).

Article 15 (Registration of Business for Processing Semen, etc.)

(1) Anyone who intends to engage in business of collecting, processing, and distributing the semen, ovum, or fertilized egg from a breeding stock (hereinafter referred to as “semen processing business”) shall have such facilities and manpower as required therefor, and complete the registration thereof with the Mayor/Do Governor.

(2) Necessary matters concerning the standards of the facilities and manpower of the semen processing business under paragraph (1) and other matters necessary for the registration thereof shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) If any of the following events occur to a person who has his/her semen processing business registered in accordance with paragraph (1) (hereinafter referred to as “semen processing business proprietor”), he/she shall submit a report thereon to the Mayor/Do governor within thirty days from the date on which such event occurs:

1. When he/she suspends his/her business temporarily for a certain period of time;

2. When he/she discontinues the business;

3. When he/she resumes his/her business after temporary suspension for a certain period; or

4. When he/she makes a revision to any of the registered matters as specified by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(4) Every semen processing business proprietor owes a duty to take the following measures in compliance with Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries so as to prevent any disease from being spread by any semen, ovum, or fertilized egg:

1. Conducting medical examinations on the breeding stock in possession on a regular basis, and keeping records of such examinations; and

2. Quarantining or culling the breeding stock diagnosed as infected, and recalling and destroying the semen, ovum, or fertilized egg produced from such breeding stock.

Article 16 (Revocation, etc. of Registration of Semen Processing Business)

If any semen processing business proprietor falls under any of the following subparagraphs, the Mayor/Do governor may either revoke his/her business registration or issue an order to suspend his/her business for a prescribed time period, which shall not exceed six months:

1. If he/she fails to meet the standards of the facilities and manpower under Article 15 (2);

2. If he/she breaches his/her duty under Article 15 (4);

3. If he/she does not issue a certificate, or issues it by falsity or in any fraudulent way, in violation of Article 18 (1); or

4. If he/she supplies or injects any semen, ovum, or fertilized egg under restriction for the purpose of artificial insemination of livestock, or implants it into female livestock in violation of Article 19.

Article 17 (Report, etc. on Opening of Insemination Station)

(1) Any person, who intends to open a livestock artificial insemination station (hereinafter referred to as the “insemination station”) in order to engage in a business of injecting or implanting semen or fertilized eggs into female livestock, shall have the facilities and manpower required therefor and submit a report thereon to the head of Si/Gun/Gu.

(2) The standards of the facilities and manpower for the insemination stations under paragraph (1) and other matters necessary for the report thereon shall be prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(3) When any of the following events occurs to a person who submitted a report on opening of an insemination station under paragraph (1) (hereinafter referred to as the “founder of an insemination station”), he/ she shall submit a report thereon to the head of Si/Gun/Gu within thirty days from the day on which such event occurs:

1. When the business is temporarily suspended;

2. When the business is permanently closed down;

3. When the suspended business is resumed;

4. When any of the reported matters as specified by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries is revised.

Article 18 (Semen Certificate, etc.)

(1) Every semen processing business proprietor shall issue a semen certificate, an ovum certificate, or a fertilized egg certificate for the semen, ovum, or fertilized egg processed by him/her, subject to the confirmation of the registration agency under Article 6 as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(2) Every inseminator and veterinarian shall, whenever performing artificial insemination of livestock or implanting a fertilized egg, issue a certificate of artificial insemination of livestock or a certificate of implantation of fertilized egg, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

Article 19 (Restrictions on Use of Semen, etc.)

Any semen, ovum, or fertilized egg that falls under any of the following subparagraphs shall not be supplied or injected for the purpose of artificial insemination of livestock, nor be implanted into female livestock: Provided, That the foregoing shall not apply where any of those is used for an academic experiment or artificial insemination of or implantation into the livestock of one’s own raising:

1. Any semen, ovum, or fertilized egg without an accompanying semen certificate, ovum certificate, or fertilized egg certificate under Article 18 (1);

2. Any semen, ovum, or fertilized egg that fails to meet the standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

Article 20 (Supervision over Semen Processing Business Proprietor, etc.)

(1) The Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of the agency for overall control of livestock improvement may order any semen processing business proprietor, semen distributor, or founder of an insemination station to perform any matters necessary for improving livestock, or assign public officials under his/her control or the registration agency under Article 6 to inspect the relevant facilities, accounting books, documents and other materials, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) Public officials, etc. who perform the inspection under paragraph (1) shall carry an identification showing their authority to present it to the people concerned.

Article 21 (Accreditation of Excellent Processors of Semen, etc.)

(1) With an aim of raising the level of hygiene control of semen processing business, etc. and breeding stock business, and of improving livestock, the Minister for Food, Agriculture, Forestry and Fisheries may accredit excellent processors.

(2) The Minister for Food, Agriculture, Forestry and Fisheries may designate an accreditation agency which shall execute the accreditation of excellent processors under paragraph (1), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(3) Any person who intends to receive the accreditation of excellent processor under paragraph (1) shall file an application therefor with the accreditation agency under paragraph (2), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(4) Necessary matters concerning the standards of and the procedures, etc. for the accreditation of good processors under paragraph (1) shall be prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

CHAPTER III DEMAND AND SUPPLY, ETC. OF LIVESTOCK PRODUCTS

Article 22 (Registration of Livestock Farming Business)

(1) Any person who intends to engage in a livestock farming business that falls under any of the following subparagraphs shall have the business registered with the head of Si/Gun/Gu as prescribed by Presidential Decree:

1. Incubation business;

2. Egg distribution business;

3. Breeding stock business; or

4. Cattle farming, swine farming, chicken farming up to a scale specified by Presidential Decree, or any other livestock farming business specified by Presidential Decree.

(2) Notwithstanding paragraph (1) 4, any livestock farming business proprietor who intends to have his/her livestock farming business registered may register it with the head of Si/Gun/Gu, if the business scale is equivalent to or smaller than the one specified by Presidential Decree. In this case, the livestock farming business proprietor shall follow the provisions of paragraphs (3) and (4) and Articles 23 through 26.

(3) Any person who intends to have his/her business registered in accordance with paragraphs (1) and (2) shall have the facilities, equipment, etc. as prescribed by Presidential Decree.

(4) If any of the following events occurs to a person who has his/her livestock farming business registered in accordance with paragraphs (1) and (2), he/she shall submit a report thereon to the head of Si/Gun/Gu within thirty days from the day on which such an event occurs:

1. When the business is temporarily suspended for a certain period of time;

2. When the business is permanently discontinued;

3. When the business suspended for a certain period of time is resumed; or

4. When any of the important matters registered including the kind of livestock, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries, is revised.

Article 23 (Disqualification for Registration of Livestock Farming Business)

Any person who falls under any of the following subparagraphs shall not be qualified for the registration of a livestock farming business under Article 22 (1) and (2):

1. A person in whose case one year has not elapsed yet since the imprisonment with labor sentenced against him/her by a court pursuant to subparagraph 3 or 4 of Article 53 was completely executed (or deemed to have been completely executed) or exempted;

2. A person who is still under the suspension of the execution of imprisonment with labor sentenced against him/her by a court pursuant to subparagraph 3 or 4 of Article 53;

3. A person in whose case one year has not elapsed since his registration was revoked pursuant to Article 25;

4. A legal entity whose representative falls under any of subparagraphs 1 through 3 above.

Article 24 (Business Succession)

(1) When any person who has his/her livestock farming business registered is dead or transfers the business, or when a legal entity with the registration of livestock farming business is merged with another legal entity, the successor, the business transferee, or the surviving legal entity from the merger shall succeed to the status of the preceding business proprietor.

(2) Any person who has succeeded to the status of a business proprietor in accordance with paragraph (1) shall submit a report thereon to the head of Si/Gun/Gu within thirty days, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(3) The provisions of Article 23 shall apply mutatis mutandis to the succession under paragraph (1).

Article 25 (Revocation, etc. of Registration of Livestock Farming Business)

(1) If any person who has his/her livestock farming business registered falls under any of the following subparagraphs, the head of a Si/Gun/Gu may either revoke the registration or order him/her to suspend all or part of the business for a prescribed period, which shall not exceed six months: Provided, That the registration shall be revoked without exception, if such a person falls under subparagraph 1 or 2:

1. When a person fails to possess important facilities and equipment specified by Presidential Decree among the facilities and equipment under Article 22 (3);

2. When a person has his/her business registered under Article 22 (1) and (2) by falsity or in any other fraudulent means;

3. When a person allows other persons to use the registration made in his/her name;

4. When a person has been subject to the disposition of business suspension three times or more during the latest one year retroactively from the day on which he/she was subject to the business suspension for the last time;

5. When a person fails to commence his/her business without any justifiable ground within two years from the day on which the registration under Article 22 (1) and (2) was completed, or has continuously suspended his/her business for two years or longer without submitting a report thereon.

(2) The head of a Si/Gun/Gu may order any person who has his/her livestock farming business registered in accordance with Article 22 (1) and (2) to take corrective measures as necessary, if the person fails to possess the facilities, equipment, etc. in accordance with paragraph (3) of the same Article.

(3) Further specific standards of the dispositions of revocation of registration and business suspension under paragraph (1) and the orders of correction under paragraph (2) shall be prescribed by Presidential Decree.

Article 26 (Duty of Registrants of Livestock Farming Business)

Every person who has his/her livestock farming business registered in accordance with Article 22 (1) and (2) shall comply with matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries to improve livestock, prevent livestock diseases, and heighten the hygiene level of livestock products.

Article 27 Deleted.

Article 28 (Supervision over Registrants of Livestock Farming Business)

(1) The head of a Si/Gun/Gu may order any person who has his/her livestock farming business registered in accordance with Article 22 (1) and (2) to take measures necessary for the improvement of his/her facilities and execute any affair pertaining to his/her business, or assign a public official under the head’s control to inspect a facility concerned, accounting books, documents, and other materials, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries, in order to improve livestock, prevent livestock diseases, heighten the level of hygiene of livestock products, and properly dispose of livestock waste.

(2) Every public official who executes an inspection pursuant to paragraph (1) shall carry an identification showing his/her authority to present it to the people concerned.

Article 29 (Declarations of Export and Import of Breeding Stock, etc.)

(1) Any person who intends to export or import any breeding stock, livestock with a potential of being used as breeding stock, or semen, ovum, or fertilized egg of livestock, which shall be specified in further detail by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries, shall file a declaration thereof with the Minister of Food, Agriculture, Forestry and Fisheries.

(2) The Minister of Food, Agriculture, Forestry and Fisheries shall prescribe and publicly notify the standards of the breeding stock subject to the declaration of export or import under paragraph (1) including production capability and specifications.

Article 30 (Recommendation, etc. for Import of Livestock Products)

(1) Any person who intends to import any livestock product, breeding stock, etc. under Article 29 at the concession tariff rate that applies to the market access quantity on the schedule of concessions of the Republic of Korea pursuant to the Marrakesh Agreement Establishing the World Trade Organization, shall obtain a recommendation therefor from the Minister of Food, Agriculture, Forestry and Fisheries.

(2) The Minister of Food, Agriculture, Forestry and Fisheries may either delegate his authority for recommending the import of livestock products, breeding stock, etc. under paragraph (1) to the Mayor/Do governor, or engage a nonprofit corporation designated by the Minister to execute it vicariously. In this regard, the recommendable quantity, the guidelines for the recommendation, and other necessary matters shall be prescribed by the Minister of Agriculture and Forestry.

Article 31 (Control of Imported Livestock Products)

The Minister of Food, Agriculture, Forestry and Fisheries may, if considered necessary particularly for the control of imported livestock products, the prevention of unfair distribution, and the protection of consumers, issue an order concerning the following matters to any person, who has obtained a recommendation under Article 30, who imports livestock products on which the quota tariff is applied pursuant to Article 71 of the Customs Act, or who sells or processes such imported livestock products, or determine and publicly notify the following matters, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries:

1. Price, method, and time for selling the imported livestock products at issue;

2. Restrictions on the purpose of use of the imported livestock products at issue; and

3. Reporting on the quantity used and left in stock out of the imported livestock products at issue.

Article 32 (Program for Stabilizing Production of Calves)

(1) In order to make the production and supply of calves stable and maintain a firm basis for the production of cattle farmers, the Minister of Food, Agriculture, Forestry and Fisheries shall execute a program for stabilizing the production of calves, through which the calves production stabilization fund shall be paid to the farmers who produce calves in the event that the price of calves falls down below the basis price set through the deliberation by the Deliberative Committee for the Development of Livestock Industry under Article 4. In this regard, the scope of cattle beneficial from the program for stabilizing the production of calves shall be prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(2) Any farmer who produces calves and wants to receive the calves production stabilization fund under paragraph (1) shall participate in the program for stabilizing the production of calves as provided by the operating rules established pursuant to paragraph (3).

(3) The Minister of Food, Agriculture, Forestry and Fisheries shall, when implementing the program for stabilizing the production of calves pursuant to paragraph (1), prescribe and publicly notify the operating rules covering the following matters:

1. Qualifications for participation;

2. Time period, methods and procedure for such participation;

3. Terms and conditions, and amounts of, and procedures for the disbursement of the calves production stabilization fund;

4. Raising and management of the fund for the program for stabilizing the production of calves; and

5. Other matters necessary for the implementation of the program for stabilizing the production of calves.

(4) In order to raise the fund for the program for stabilizing the production of calves pursuant to paragraph (3) 4, the Minister of Food, Agriculture, Forestry and Fisheries may require farmers who produce calves and participate in the program for stabilizing the production of calves to contribute a certain amount of money as prescribed by the Minister within the limit of five percent of the maximum disbursement amount of the calves production stabilization fund.

(5) The State or any local government may subsidize all or part of the fund required for the operation of the program for stabilizing the production of calves to promote the program smoothly.

(6) When the total amount disbursed out of the calves production stabilization fund exceeds either of the following amounts creating a situation in which calves production stabilization fund is not disbursed or is less disbursed, the amount not disbursed or less disbursed may be disbursed during the following year:

1. The budget amount for the program for stabilizing the production of calves for the current year; or

2. The minimum amount of subsidies permissible for the current year under the Marrakesh Agreement Establishing the World Trade Organization.

Article 33 (Subsidies for Self-help Fund for Livestock Industry)

(1) When any organization in the livestock industry under the Creation and Management of Self-Help Livestock Funds Act establishes and operates a self-help fund for livestock industry in order to promote the market extension, etc. of livestock products, the Minister of Food, Agriculture, Forestry and Fisheries may grant part of the Livestock Development Fund under Article 43 as subsidies to such an organization.

(2) The guidelines for the grant of the subsidies under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

CHAPTER IV LIVESTOCK MARKET AND GRADING OF LIVESTOCK PRODUCTS

Article 34 (Establishment, etc. of Livestock Market)

(1) Each livestock market shall be established and managed by a livestock cooperative under the Agricultural Cooperatives Act (hereinafter referred to as a “livestock cooperative”).

(2) The head of Si/Gun/Gu may order a livestock cooperative which has established a livestock market to improve and keep in good repair the facilities necessary for the management of the livestock market or to take any necessary measures therefor, or assign a public official under the head’s control to inspect the facilities concerned, accounting books, documents, and other materials, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(3) Every public official who executes an inspection pursuant to paragraph (2) shall carry an identification showing his/her authority to present it to the people concerned.

Article 35 (Grading of Livestock Products)

(1) In order to improve the quality of livestock products, make their distribution smooth, and promote the livestock improvement, the Minister of Food, Agriculture, Forestry and Fisheries may require such livestock products as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries to have their quality graded (hereinafter referred to as the “grading”).

(2) The method, standards and applicable conditions of the grading under paragraph (1) and other matters necessary for the grading shall be prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(3) As to the livestock products prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries among those subject to the grading under paragraph (1), the Minister of Food, Agriculture, Forestry and Fisheries shall specify and publicly notify the distributable area, the implementation period, etc.

(4) Any person who has established an incorporated wholesale market for livestock products (hereinafter referred to as the “incorporated wholesale market”) within a wholesale market for agricultural and fishery products under Article 22 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, which is situated within an area publicly notified as the distributable area under paragraph (3) (hereinafter referred to as “publicly notified area”), or any proprietor of a cooperative marketing center of livestock products under Article 43 of the same Act (hereinafter referred to as “cooperative marketing center”) shall not put any livestock product on the market without being graded.

(5) The proprietor of any slaughterhouse under subparagraph 11 of Article 2 of the Livestock Products Sanitary Control Act (hereinafter referred to as “slaughterhouse”) situated within a publicly notified area shall not take any livestock products processed at the slaughter house outside of the slaughterhouse without being graded, Provided, That the foregoing shall not apply to any livestock product processed for academic research, one’s own consumption, etc. specified by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

Article 36 (Animal Products Grading Service)

(1) In order to execute the affairs pertaining to the grading of livestock products, the Animal Products Grading Service (hereinafter referred to as the “Grading Service”) shall be established.

(2) The Grading Service shall be a juristic person.

(3) The Grading Service shall be duly formed upon the completion of the registration of its incorporation with the registry office having jurisdiction over its principal place of business.

(4) The Grading Service shall be responsible for the execution of the following business affairs:

1. Grading of livestock products;

2. Education and public relations pertaining to the grades of livestock products;

3. Development of technology for grading livestock products;

4. Training of quality appraisers of livestock products under Article 37 (1);

5. Research and study on grading of livestock products;

6. Business affairs entrusted by the State, local governments and other persons in connection with subparagraphs 1 through 5 and business affairs incidental thereto.

(5) The Minister for Food, Agriculture, Forestry and Fisheries may subsidize the cost and expenses required for the grading.

(6) The Minister for Food, Agriculture, Forestry and Fisheries may issue an order to the Grading Service as necessary or require it to submit a report in connection with the business affairs of grading, or assign a public official under his/her control to inspect the facilities concerned, accounting books, documents, and other materials, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(7) Every public official who executes an inspection pursuant to paragraph (6) shall carry an identification showing his/her authority to present it to the people concerned.

(8) Except as provided for otherwise in this Act, the provisions pertaining to the incorporated foundation in the Civil Act shall apply mutatis mutandis to the Grading Service.

Article 37 (Quality Appraisers of Livestock Products)

(1) The Grading Service shall employ quality appraisers of livestock products who shall perform the grading works (hereinafter referred to as “quality appraiser”).

(2) In order to be qualified for a quality appraiser, a person shall fall under either of the following subparagraphs, successfully pass the examination for a quality appraiser implemented by the Grading Service (hereinafter referred to as “examination for quality appraiser”), and complete the training course for quality appraisers prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. A person who has graduated from a department related to livestock industry in a junior college or any higher educational institution, or who is recognized as having educational background equivalent thereto;

2. A person who has engaged in a job related to the grading in the Grading Service for more than three years.

(3) Necessary matters concerning the examination for quality appraisers, the appointment and dismissal of quality appraisers, etc. shall be determined by the Grading Service with the prior approval from the Minister for Food, Agriculture, Forestry and Fisheries.

Article 38 (Duties of Quality Appraisers)

(1) Duties of a quality appraiser shall be as follows:

1. Grading, and keeping and preserving the records of the results of grading on file;

2. Using and controlling the grading seals;

3. Inspection and maintenance of the facilities related to the grading;

4. Other matters necessary for performing the grading works.

(2) Each quality appraiser shall, whenever performing the grading, carry an identification showing his/her authority to present it to the people concerned.

(3) Anyone shall not refuse, hinder, or evade the works executed by a quality appraiser in relation to the grading of livestock products that shall pass the compulsory grading process under Article 35.

Article 39 (Duties of Slaughterhouse Proprietor)

Every person who runs a slaughterhouse within a publicly notified area shall comply with matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries including matters that require to secure the facilities and space required for grading so that the grading process may be done without any trouble.

Article 40 (Indication, etc. of Grade Mark)

(1) Every quality appraiser shall indicate a grade mark on the livestock products as graded, and shall issue a grade certificate to the grading applicant or the purchaser of the relevant livestock products.

(2) Every incorporated wholesale market and proprietor of a cooperative marketing center shall, whenever putting a graded livestock product on the market, publicly disclose the relevant grade.

(3) Necessary matters concerning the indication of grade marks, the grade certificates, the public disclosure of the grades, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

Article 41 (Request for Disposition, etc. of Business Suspension)

(1) The Minister for Food, Agriculture, Forestry and Fisheries or the Mayor/Do Governor may request the head of a competent administrative agency having a due authority to take a measure with regard to the business, to make a disposition of business suspension for a specific period of time (including imposition of penalty surcharge in lieu of the business suspension) or to take any other necessary measure against a person who falls under any of the following subparagraphs:

1. An incorporated wholesale market or the proprietor of a cooperative marketing center that puts any ungraded livestock product on the market in violation of Article 35 (4);

2. A slaughterhouse proprietor who takes any ungraded livestock product outside of the slaughterhouse in violation of Article 35 (5);

3. A slaughterhouse proprietor who rejects, hinders, or evades grading works in violation of Article 38 (3).

(2) The head of the competent administrative agency shall, upon receiving a request pursuant to paragraph (1), notify the Minister of Food, Agriculture, Forestry and Fisheries or the Mayor/Do governor of the results of the measures he/she has taken.

Article 42 (Supervision over Incorporated Wholesale Markets, etc.)

(1) The Minister of Food, Agriculture, Forestry and Fisheries or the Mayor/Do governor may order any incorporated wholesale market or the proprietor of a cooperative marketing center, or a slaughterhouse proprietor to take necessary measures including improvement of facilities or assign a public official under his/her control to inspect the facilities concerned, accounting books, documents, and other materials, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries, so as to promote smoothly the grading works.

(2) Every public official who executes an inspection pursuant to paragraph (1) shall carry an identification showing his/her authority to present it to the people concerned.

CHAPTER V LIVESTOCK DEVELOPMENT FUND

Article 43 (Establishment of Livestock Development Fund)

(1) The Government shall establish the Livestock Development Fund (hereinafter referred to as the “Fund”) in order to secure financial resources necessary for the development of the livestock farming business, control the demand and supply of livestock products smoothly, and stabilize the prices thereof.

(2) The Government may grant subsidies or contribution to the Fund within the limit of its budget.

Article 44 (Financial Resources of Fund)

(1) The Fund shall be raised with the financial resources falling under the following subparagraphs:

1. Subsidies or contributions from the Government under Article 43 (2);

2. Payments from the Korea Racing Association under paragraph (2) below;

3. Profits from the imported livestock products under Article 45;

4. Loans borrowed under Article 46;

5. Cost for the development of substitute grassland under Article 23 (6) of the Grassland Act;

6. Earnings from the management of the Fund; and

7. Income realized from the settlement of accounts under Article 15 (1) 1 of the Traditional Bullfighting Match Act.

(2) The chairperson of the Korea Racing Authority shall pay the Fund such an amount of money as provided for in Article 42 (4) of the Korean Racing Association Act out of the special reserve of the Authority.

Article 45 (Collection, etc. of Import Profits)

(1) The Minister of Food, Agriculture, Forestry and Fisheries may assess the profits of an importer of such items as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries, among the persons who import the livestock products with the recommendation under Article 30 (1), and collect the import profits from the importer within the limit of the difference between the domestic prices and the import prices, as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(2) The import profits under paragraph (1) shall be paid to the Fund as prescribed by Ordinance of the Ministry of Food, Agriculture, Forestry and Fisheries.

(3) If the import profits under paragraph (1) have not been paid within the specified time limit, they may be collected by referring to the practices of disposition on default of national taxes.

Article 46 (Borrowing of Loans)

The Minister of Food, Agriculture, Forestry and Fisheries may, whenever considered necessary for the management of the Fund, borrow a loan from any financial institutions, another fund or any other account on the Fund’s own account.

Article 47 (Purpose of Use of Fund)

(1) The Fund shall be used for the following purposes:

1. Improvement of the structure and productivity of the livestock farming business;

2. Control of the demand and supply of livestock and products thereof and stabilization of the prices;

3. Improvement of the distribution system of livestock and livestock products;

3-2. Promotion of a dairy farming promotion plan pursuant to Article 3 (1) of the Dairy Promotion Act;

4. Control of the demand and supply of feed-stuff, and development of resources for feed-stuff;

5. Sanitation and quarantine of livestock;

6. Conversion into resources, treatment, and utilization of livestock waste;

7. Aids for the cost and expenses for the business activities of the Fund prescribed by Presidential Decree;

8. Aids for the self-help fund of the livestock industry under the Creation and Management of Self-Help Livestock Funds Act;

9. Other projects prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries as necessary for the development of the livestock industry.

(2) The Fund may grant subsidies, if necessary, for any purpose set forth in any of the subparagraphs of paragraph (1).

(3) Necessary matters concerning the process and procedure for the application and grant of the subsidies under paragraph (2) shall be prescribed by Presidential Decree.

Article 48 (Operation and Management of Fund)

(1) The Fund shall be operated and managed by the Minister for Food, Agriculture, Forestry and Fisheries.

(2) The Minister for Food, Agriculture, Forestry and Fisheries may entrust the affairs relating to the operation and management of the Fund to the National Agricultural Cooperative Federation under the Agricultural Cooperatives Act (hereinafter referred to as the “National Agricultural Cooperative Federation”), as prescribed by Presidential Decree.

(3) The Minister for Food, Agriculture, Forestry and Fisheries may establish and operate an account for setting off bad debts of the Fund, if deemed necessary for smoothly promoting the business set forth in the subparagraphs of Article 47 (1) by making it, etc. easy to render financial aids to livestock farmers, etc. who have insufficient capability for offering a security.

(4) Necessary matters concerning the operation and management of the Fund shall be prescribed by Presidential Decree.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 49 (Service Fees)

(1) Any of the following persons shall pay service fees prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries:

1. A person who intends to obtain a license under Article 12 (1);

2. A person who intends to file for a registration under Article 15 (1).

(2) The Grading Service may collect the grading service fees prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries from the persons who want to take the grading under Article 35 (1). In such cases, the service fees so collected shall not be used for any purpose other than the expenses required for the grading service.

(3) The grading service fees under paragraph (2) shall be collected by a slaughterhouse proprietor or any person specified by Presidential Decree among the persons who have their livestock farming business registered in accordance with Article 22 (1) and (2) and shall be paid to the Grading Service, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases, the Grading Service shall reimburse the expenses required for such collection of service fees to a slaughterhouse proprietor or any person specified by Presidential Decree among the persons who have their livestock farming business registered in accordance with Article 22 (1) and (2), as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

Article 50 (Hearings)

The Mayor/Do Governor or the head of a Si/Gun/Gu shall, whenever he/she intends to make a disposition that falls under any of the following subparagraphs, hold a hearing:

1. Revocation of an inseminator’s license under Article 14;

2. Revocation of the registration of a semen processing business under Article 16;

3. Revocation of the registration of a livestock farming business under Article 25.

Article 51 (Delegation or Entrustment of Authority)

(1) The authority of the Minister for Food, Agriculture, Forestry and Fisheries under this Act may be delegated in part to the relevant Mayor/Do Governor, as prescribed by Presidential Decree.

(2) The authority of the Mayor/Do Governor under this Act may be delegated in part to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

(3) The Mayor/Do Governor may entrust the education of inseminators under Article 13 (1) to a juristic person or an organization related to the livestock industry, as prescribed by Presidential Decree.

(4) The Minister for Food, Agriculture, Forestry and Fisheries may entrust the affairs concerning the declaration of export or import of breeding stock, etc. under Article 29 (1) to a juristic person or an organization related to the livestock industry, as prescribed by Presidential Decree.

(5) The Minister for Food, Agriculture, Forestry and Fisheries may entrust the affairs concerning the program for stabilizing the production of calves under Article 32 (1) to a producers’ organization specified by Presidential Decree among the producers’organizations under subparagraph 4 of Article 3 of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry.

Article 52 (Legal Fiction of Public Officials in Applying Penal Provisions)

Quality appraisers engaged in the grading service shall be deemed public officials for the purpose of the application of Articles 129 through 132 of the Criminal Act.

CHAPTER VII PENAL PROVISIONS

Article 53 (Penal Provision)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years or a fine not exceeding 20 million won:

1. A person who operates a semen processing business without the registration under Article 15 (1);

2. Deleted;

3. A person who engages in a livestock farming business without the registration under Article 22 (1);

4. A person who has a livestock farming business registered under Article 22 (1) and (2) by falsity or in any other fraudulent means;

5. A person who violates an order issued pursuant to Article 31;

6. A person who puts any ungraded livestock product on a wholesale market for agricultural and fishery products or a cooperative marketing center in violation of Article 35 (4);

7. A person who takes any ungraded livestock product outside of a slaughterhouse in violation of Article 35 (5).

Article 54 (Penal Provision)

Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won:

1. A person who violates Article 11 (1);

2. A person who supplies or injects any semen, ovum, or fertilized egg for the purpose of artificial insemination for livestock, or who implants any of them into female livestock, in violation of Article 19;

3. A person other than a livestock cooperative who opens a livestock market, in violation of Article 34 (1);

4. A person who continues his/her business in violation of an order of business suspension issued pursuant to Article 25 (1);

5. A person who sells any livestock product without being graded within a distributable area publicly notified pursuant to Article 35 (3), although it shall be graded, or who processes, displays, keeps, or transports such product for business purposes;

6. A person who refuses, hinders, or evades the grading conducted by a quality appraiser, in violation of Article 38 (3);

7. A person who breaches a duty to comply with in accordance with Article 39;

8. A person who violates an order issued pursuant to Article 42 (1), or refuses, hinders, or evades an inspection thereunder.

Article 55 (Joint Penal Provisions)

If a representative of a juristic person, or an agent, employee or other servant of a juristic person or an individual commits an offense under Article 53 or 54 in connection with the business of the juristic person or individual, not only shall such violator be punished, but also the juristic person or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where the juristic person or the individual has not neglected to pay due attention and supervision concerning the relevant business in order to prevent such violation.

[This Article Wholly Amended by Act No. 9952, Jan. 25, 2010]

Article 56 (Fines for Negligence)

(1) Any person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1. A person who fails to submit a report under Article 15 (3);

2. A person who fails to submit a report under Article 17 (1) and (3);

3. A person who violates an order issued pursuant to Articles 20 (1) and 34 (2), or refuses, hinders, or evades an inspection thereunder.

4. A person who fails to submit a report under Articles 22 (4) and 24 (2);

5. A person who violates an order under Article 25 (2);

6. A person who violates the operating rules under Article 26;

7. A person who violates an order issued pursuant to Article 28 (1), or refuses, hinders, or evades an inspection thereunder.

(2) The fines for negligence under paragraph (1) shall be imposed and collected by the Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as “imposing authority”), as prescribed by Presidential Decree.

(3) Any person who is dissatisfied with the disposition of a fine for negligence under paragraph (2) may raise an objection to the imposing authority within 30 days from the day on which the disposition is notified.

(4) Where any person subject to the disposition of a fine for negligence under paragraph (2) files an objection under paragraph (3), the imposing authority concerned shall promptly notify the competent court thereof, and the court shall, upon receiving such a notice, put the case to trial pursuant to the Non-Contentious Case Litigation Procedure Act.

(5) If neither an objection is raised nor a fine for negligence paid within the period prescribed in paragraph (3), it shall be collected in the same manner as delinquent local taxes are collected.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Articles 33 and 47 (1) 8 as amended shall enter into force on June 29, 2007, while the provisions of Article 8 (1) of the Addenda shall enter into force on September 28, 2007.

Article 2 (Transitional Measure concerning Enforcement Date)

Until before the provisions of Articles 33, 44 (1) 5, and 47 (1) 8 as amended enter into force pursuant to the proviso of Article 1 of the Addenda, the former provisions of Articles 26-3, 36 (1) 5 and 39 (1) 7-2 corresponding to the respective provisions shall remain applicable.

Article 3 (Transitional Measures concerning Qualification for Graders)

(1) Any person who was qualified for grader in accordance with the former provisions enforceable as of April 27, 2001, which corresponds to the enforcement date of the amendment to the Livestock Industry Act (Act No. 6381), shall be deemed as a person who has been qualified in accordance with the provisions of Article 37 hereof as amended.

(2) Any person who passed successfully the grader examination or has been taking the training course for grader after passing successfully the examination in accordance with the former provisions enforceable as of April 27, 2001, which corresponds to the enforcement date of the amendment to the Livestock Industry Act (Act No. 6381), shall be deemed as a person who passed successfully the grader examination or has been taking the training course for grader after passing successfully the examination in accordance with the provisions of Article 37 as amended.

Article 4 (Transitional Measures Following Change in Managing Authority of Fund)

(1) Any action taken by the National Agricultural Cooperative Federation for the operation and management of the Fund pursuant to the former provisions enforceable as of April 27, 2001, which corresponds to the enforcement date of the partial amendment to the Livestock Industry Act (Act No. 6381), shall be deemed an action taken by the Minister of Agriculture and Forestry.

(2) The title of the National Livestock Cooperative Federation indicated on the registers or other public books pertaining to the property of the Fund as of April 27, 2001, which corresponds to the enforcement date of the partial amendment to the Livestock Industry Act (Act No. 6381), shall be deemed as the title of the State, notwithstanding Article 7 of the Addenda of the Agricultural Cooperatives Act (Act No. 6018).

Article 5 (Transitional Measures concerning Designation of Preserved Livestock)

The designation of any preserved livestock pursuant to the former provisions of Article 8 enforceable as of January 3, 2007, which corresponds to the enforcement date of the partial amendment to the Livestock Industry Act (Act No. 8182), shall be deemed to be the designation of the preserved livestock pursuant to the provisions of Article 8 as amended.

Article 6 (General Transitional Measures concerning Dispositions, etc.)

The actions taken by or against an administrative agency pursuant to the former provisions at the time this Act enters into force shall be deemed as the actions taken by or against the administrative agency pursuant to the corresponding provisions of this Act.

Article 7 (Transitional Measures concerning Penal Provisions or Fine for Negligence)

The acts committed before the enforcement date of this Act shall be governed by the former provisions in application of the penal provisions or the provisions concerning the fine for negligence.

Article 8 Omitted.

Article 9 (Relations with Other Acts and Subordinate Statutes)

A citation of the former Livestock Industry Act or any provision thereof by any other Act or subordinate statute enforceable at the time when this Act enters into force, if any, shall be deemed to be a citation of this Act or a corresponding provision hereof in lieu of the former provision, if there is such a corresponding provision herein.

ADDENDUM
This Act shall enter into force on the date of its promulgation.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDUM
This Act shall enter into force three months after the date of its promulgation.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Article 2 (Transitional Measures concerning Change of Name)

(1) The Livestock Products Grading Service and a grader of livestock products pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Animal Products Grading Service and a quality appraiser of livestock products under this Act.

(2) Any act done in the name of the Livestock Products Grading Service or a grader of livestock products as at the time this Act enters into force and in the relation with other Acts shall be deemed any act done in the name of the Animal Products Grading Service or a quality appraiser of livestock products.

(3) The name of the Livestock Products Grading Service indicated in the register and other public records as at the time this Act enters into force shall be deemed the name of the Animal Products Grading Service.

Article 3 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 14 Omitted.

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