SERICULTURAL INDUSTRY ACT

Article 1(Purpose) #

The purpose of this Act is to strive for the development of sericultural industry by facilitating the production and marketing of sericultural products.

Article 2(Definitions) #

The definitions of terms as used in this Act are as follows: <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5346, Aug. 22, 1997>

1. The term “sericultural products” means mulberry saplings, silkworm eggs, cocoons, raw silks, and silk-wastes and sericultural by-products;

2. The term “silkworm egg” means falling under each of the followings items:

(a) Grand parent silkworm egg of F1 hybrid: it means the silkworm egg having going through the silkworm’s breed rearing stage and having possessing the breed’s special quality, and which has been designated by the Minister of Agriculture and Forestry;

(b) Parent silkworm egg of F1 hybrid: it means the silkworm egg which has multiplied from the grand parent silkworm egg of F1 hybrid; and

(c) Silkworm egg for dissemination: it means the silkworm egg which has been produced from the grand parent silkworm egg of F1 hybrid or the parent silkworm egg of F1 hybrid according to the crossbreeding form designated by the Minister of Agriculture and Forestry.

3. The term “raw silks” means raw silk, doupin silk and thrown silk;

4. The term “silk-wastes” means cocoon floss, inferior cocoon, cocoon in which a moth produced, silk waste ingropping ends produced in the process of silk reeling, pellet cocoon etc. which can’t spin yarn off;

5. The term “sericultural by-products” means products derived from the respective parts of mulberries and silkworms and in the process of breeding silkworms: and

6. The term “silkworm diseases” means pebrine, flacherie, muscardine, grasserie and other silkworm diseases prescribed by the Ordinance of the Ministry of Agriculture and Forestry.

Article 3(Basic Plan of Silkworm Egg Supply and Demand) #

The Minister of Agriculture and Forestry shall establish every year a basic plan for silkworm egg supply and demand. <Amended by Act No. 5153, Aug. 8, 1996>

Article 4(Report, etc. of Silkworm Egg Production Business) #

(1) Any person, who desires to run the business such as the production of grand parent silkworm egg of F1 hybrid, parent silkworm egg of F1 hybrid or silkworm eggs for dissemination, shall report it to the Minister of Agriculture and Forestry equipped with the facilities as prescribed by the Presidential Decree: Provided, That this shall not apply in case it is produced for the purpose of scientific research. <Amended by Act No. 5153, Aug. 8, 1996.>

(2) Where any person who reported referred to in paragraph (1) (hereinafter referred to as the “silkworm egg producer”) desires to close or suspend the business, he shall report it to the Minister of Agriculture and Forestry ninety days prior to the scheduled date of closing or suspension. <Amended by Act No. 5153, Aug. 8, 1996.>

Article 5(Dissemination of Silkworm Eggs) #

An administrative agency which takes charge of production and inspection of sericultural products (hereinafter referred to as the “National Sericulture Agency”), or an agency under a Do governor’s control (hereinafter referred to as the “Do Sericulture Agency”) may disseminate the produced grand parent silkworm eggs of F1 hybrid or parent silkworm eggs of F1 hybrid to the silkworm egg producer without charge.

Article 6(Inspection of Mulberry Saplings and Silkworm Eggs) #

(1) Any person who produces mulberry saplings for the purpose of sale (hereinafter referred to as “mulberry sapling producer”) shall inspect the nursery garden, grafted saplings and other matters as determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5346, Aug. 22, 1997>

(2) Where the National Sericulture Agency, Do Sericulture Agency or a silkworm egg producer intends to produce and disseminate silkworm eggs or sell them, he shall inspect silkworms, cocoons for egg production, moths and other matters as determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>

(3) The National Sericultural Agency, the Do Sericultural Agency, mulberry sapling producer or a silkworm egg producer shall indicate a passing mark on mulberry saplings or silkworm eggs which have passed an inspection under paragraph (1) or (2) under the conditions as determined by the Ordinance of the Ministry of Agriculture and Forestry. <Newly Inserted by Act No. 5346, Aug. 22, 1997>

(4) The Minister of Agriculture and Forestry may, as he deems necessary for the protection of a breed of silkworm eggs, investigate and confirm the silkworm eggs which have passed the inspection as referred to in paragraph (2). <Amended by Act No. 5153, Aug. 8, 1996>

(5) The mulberry saplings or silkworm eggs which have failed an inspection under paragraph (1) or (2), or an investigation and confirmation under paragraph (4), shall not be disseminated or sold. In case of silkworm eggs, they shall be discarded within seven days. <Amended by Act No. 5346, Aug. 22, 1997>

(6) The methods and standards for passing an inspection, investigation and confirmation as referred to in paragraphs (1) through (4) shall be determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5346, Aug. 22, 1997>

Article 7(Inspection of Silkworm Egg Import and Export) #

(1) Any person who desires to import or export silkworm eggs shall be subject to an inspection by the National Sericulture Agency or Do Sericulture Agency for the silkworm eggs that he desires to import or export under the conditions as determined by the Ordinance of the Ministry of Agriculture and Forestry, and he shall not import or export silkworm eggs which have failed to pass the inspection: Provided, That where a person desires to export silkworm eggs for dissemination, an inspection shall be limited to those cases in which the person desires an inspection. <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5346, Aug. 22, 1997>

(2) The head of the National Sericulture Agency or Do Sericulture Agency shall not reject them, except in case where the silkworm eggs which he inspected pursuant to paragraph (1) fall under any of the following subparagraphs: <Amended by Act No. 5153, Aug. 8, 1996>

1. In case where any silkworm disease determined by Ordinance of the Ministry of Agriculture and Forestry has been detected; and

2. In case where it is necessary to limit the export for the protection of heredity resources determined by the Ordinance of the Ministry of Agriculture and Forestry.

Article 8(Prohibition of Raising Noxious Crops) #

Tobacco (except a nursery tobacco) shall not be cultivated in an area within eighty meters around the mulberry farms of larger scale than determined by the Ordinance of the Ministry of Agriculture and Forestry, in order to prevent the damage to raising silkworm. <Amended by Act No. 5153, Aug. 8, 1996>

Article 9(Inspection of Cocoons) #

(1) Any person who desires to be subject to an inspection of cocoons may, apply for the inspection to the head of the Do Sericulture Agency who has jurisdiction over the transaction competent cocoon market or head of an inspection agency determined by the Ordinance of the Ministry of Agriculture and Forestry under the conditions as determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>

(2) The head of a Do Sericulture Agency or inspection agency as referred to in paragraph (1) shall, on application as referred to in paragraph (1), inspect it according to the methods and standards as determined by Ordinance of the Ministry of Agriculture and Forestry and then inform the applicant of the result within a period determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>

Article 10(Registration, etc. of Silk-Reeling Industry) #

(1) Any person, who desires to produce and sell raw silk or doupin silk equipped with facilities of such size as larger than those as prescribed by the Presidential Decree, shall register it with the Special Metropolitan City Mayor or other Metropolitan City Mayor or Do governor (hereinafter referred to as the “Mayor/Do governor”)

(2) A person who has registered (hereinafter referred to as a “silk manufacturer”) shall report it to the Mayor/Do governor within seven days where he changed the facilities as determined by the Ministry of Agriculture and Forestry among from those as referred to in paragraph (1). <Amended by Act No. 5153, Aug. 8, 1996>

(3) Where a silk manufacturer desires to close or suspend the business, he shall report it to the Mayor/Do governor ninety days prior to the scheduled date of the closing or the suspension of business. In this case, the period of suspension of business shall not exceed one year: Provided, That the Mayor/Do governor may, on application, extend the period thereof within the scope of one year, as he deems that there exists an unavoidable reason to extend it.

Article 11(Inspection of Raw Silks) #

(1) Any person who desires to be subject to an inspection of raw silks may apply for the inspection to the head of the National Sericulture Agency under the conditions as determined by the Ordinance of Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>

(2) The head of the National Sericulture Agency shall, on application as referred to in paragraph (1), inspect it according to the methods and standards determined by the Ordinance of the Ministry of Agriculture and Forestry and then inform the applicant of the result within a period as determined by the Ordinance of the Ministry of Agriculture and Forestry. <Amended by Act No. 5153, Aug. 8, 1996>

Article 12(Cancellation, etc. of Registration) #

(1) Where a silkworm producer falls under any of the following subparagraphs, the Minister of Agriculture and Forestry may order the suspension of business by fixing a period of no more than six months: <Amended by Act No. 5153, Aug. 8, 1996; Act No. 5346, Aug. 22, 1997>

1. Where he disseminates or sells silkworm eggs without conducting the inspection under Article 6 (2), or without conducting the inspection according to the methods and standards for passing an inspection under paragraph (6) of the same Article;

2. Where he refuses, obstructs or evades the inspection or reports falsely or fails to report under Articles 6 (4) and 13 (1); and

3. Where he fails to discard silkworm eggs which have failed to pass an inspection under Article 6 (5).

(2) Where a silk manufacturer falls under any of the following subparagraphs, the Mayor/Do governor may order the cancellation of registration or order the suspension of business by fixing a period of no more than six months: Provided, That in case where it falls under subparagraph 1, he shall cancel registration:

1. In case where the facilities are below the standards of facilities as referred to in Article 10 (1);

2. In case where he fails to report as referred to Article 10 (2);

3. In case where he exceeds the period of suspension of business as referred to in Article 10 (3); and

4. In case where he refuses, obstructs or evades the inspection or reports falsely or fails to report as referred to Article 13 (1).

(3) The detailed standards of administrative disposition as referred to in paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Agriculture and Forestry, taking into account the types of the offence, its degree and so on. <Amended by Act No. 5153, Aug. 8, 1996>

Article 13(Report and Investigation) #

(1) The Minister of Agriculture and Forestry or the Mayor/Do governor may, as he deems necessary for the achievement of the purpose of this Act, have a silkworm egg producer and a silk manufacturer make a necessary report, or have public officials under his jurisdiction investigate the facilities, materials, books and other documents. <Amended by Act No. 5153, Aug. 8, 1996>

(2) The public officials, who desires to investigate as referred to in paragraph (1), shall produce a certificate indicating his powers to the persons concerned.

Article 14(Price Determination of Cocoons, etc.) #

(1) The Minister of Agriculture and Forestry may determine the standards of cocoon price and raw silk price under the conditions as prescribed by the Presidential Decree, taking into account the production cost and profits, prices of other agricultural products and international prices of raw silk, etc.: Provided, That he may, as he deems necessary, set the upper limit and the lower limit of the price. <Amended by Act No. 5153, Aug. 8, 1996>

(2) The Minister of Agriculture and Forestry shall, where he determines the prices as referred to in paragraph (1), announce them publicly in the Gazette. <Amended by Act No. 5153, Aug. 8, 1996>