Animals (International Movement and Disease) Act 1986 (No. 34 of 1986)

1 LAWS OF ANTIGUA AND BARBUDA Animals (International Movement (CAP. 19 and Disease) CHAPTER 19 THE ANIMALS (INTERNATIONAL MOVEMENT AND DISEASE) ACT Arrangement of Sections Section 1. Short title. Preliminary 2. Interpretation. Administration 3. Appointment and functions of Veterinary Authority. 4. Appointment and functions of inspectors. Regulation of importation of animals, animal and other things 5. Restrictions on importation of animals, animal and other things. 6. Penalties for importation of animals, animal and other things without a permit. 7. Regulation of importation of animals, animal and other things. 8. Power of Minister by order to prohibit importation of animals, animal and other things in cer tain cases. 9. Regulation of importation of cooked meats, canned meats and meat by-products. 10. Regulation of importation of equipment used in con nection with animals, animal and other things. Regulation of movement of animals 11. Regulation of animal movement in interests of their safety. carcases carcases carcases carcases carcases carcases 2 LAWS OF ANTIGUA AND BARBUDA CAP. 19) Animals (International Movement and Disease) Animal Quarantine 12. Quarantine stations. 13. Requirements of quarantine and exemptions therefrom. 14. Quarantine of animals. Powers of arrest and search 15. Powers of arrest. 16. Powers of search. 17. Powers to detain vessels and aircraft. Miscellaneous 18. Penalties. 19. Regulations. 20. Review of the Schedule. 21. Regulations subject to negative resolutions. SCHEDULE. 3 LAWS OF ANTIGUA AND BARBUDA Animals (International Movement (CAP. and Disease) ANIMAL (INTERNATIONAL MOVEMENT AND DISEASE) An Act to control the importation into Antigua and Bar buda and to regulate the movement from Antigua and Bar buda of animals, birds, fish, insects and reptiles and of animal carcases, parts and meats, veterinary biological products, litter and fodder for the purposes of preventing the introduc tion of disease into Antigua and Barbuda and into other Member States of the Caribbean Community and of pro viding for the safe and humane movement of animals from Antigua and Barbuda and for other matters related thereto or connected therewith. (1st January, 1987.) rt This Act may be cited as the Animals (Interna- Sho tional Movement and Disease) Act Preliminary Interpretation.2. In this "animal" means any bovine, canine, equine, feline, goat, guinea pig, monkey, rabbit, sheep and swine and any bird (including poultry), fish, insect (ex cluding bees but including any member of the class and of the class reptile and any other animal whatsoever, whether similar to the foregoing or not; "animal means the of any animal and includes the meat of the animal and such of its of fal as is intended for consumption by humans or animals. "animal parts" means the bones and bonemeal, un tanned hides and skins, flashings, hooves, horns, claws, hair, bristles, wool, feathers, offal, blood, whether fresh or dehydrated, meat scraps of an animal or any others parts of an animal other than 19 34/1986. 1. title. Act lnsecta Arachnida), carcase'' carcase 4 Schedule. LAWS OF ANTIGUA AND BARBUDA CAP. 19) Animals (International Movement and Disease) the meat or offal for consumption by humans or animals, which have been separated from the country" includes territory; "fish" includes crustacea and turtle; "fodder" means grass, hay or any other like substance commonly used as animal feed; inspector" means an inspector appointed by the Minister under section 4. litter'' means straw or any other substance common ly used as bedding for, or otherwise used for or about, animals and includes any such substance when used as packing materials; "Member State" means a Member State for the time being of the Caribbean Common Market as established by the Annex to the Treaty establishing the Caribbean Community, done at Chaguaramas, 4 July 1973; "port of entry" means a prescribed port of entry and includes an airport of entry; "poultry" means domestic fowl, turkey, goose, duck, guinea fowl, pheasant, pigeon or quail; "prescribed disease' (a) any of the diseases specified in the Schedule; (b) any other disease prescribed for the purposes of this Act; (c) any other disease which the Minister or the Veterinary Authority with the approval of the Minister, directs in writing to be a prescribed disease and notice of which is published in the Gazette and in a newspaper as soon as practicable after the direction has been given; carcase; " " 'means 5 LAWS OF ANTIGUA AND BARBUDA Animals (International Movement (CAP. 19 and Disease) "prescribed port area" means the area of any port of entry, the limits of which are prescribed; "Veterinary Authority" (a) the Authority appointed under section 3 to administer this Act including the Regulations; (b) in relation to any other Member State, the Authority appointed to administer the legislation of that State enacted for purposes corresponding to the pur poses of this Act; "veterinary biological product7' means any substance commonly known as hormones, vaccines, sera, toxins, anti-toxins, antigens and micro-organisms living or killed, or any other biological substance which is intended solely for use in the practice of veterinary medicine, and includes semen of animals for use in artificial insemination. Administration 3. (1) The Minister may, by order, appoint such public authority as he thinks fit to be the Veterinary Authority Veterinary Authority.for the purposes of this (2) It shall be the duty of the Veterinary Authority to administer this Act and the Regulations. (3) The Veterinary Authority shall on application in writing by an exporter of any animal, animal animal parts, veterinary biological product, fodder or litter, which is to be exported from Antigua and Barbuda and on the payment of the prescribed fee (if any), provide the exporter with such certificate relating to the health, or to any period of quarantine in Antigua and Barbuda, of any animal or relating to the animal parts, veterinary biological product, fodder of litter, as is required by the law of the country of importation thereof, to be provided by the Veterinary Authority. (4) For the purpose of providing any certificate men tioned in subsection the Veterinary Authority may direct that any animal, animal animal parts, veterinary means Act. carcase, (3), carcase, carcase, Appointment and functions of 7 LAWS OF ANTIGUA AND BARBUDA Animals (CAP. 19 and Disease) (a) who has not obtained, in respect thereof, an import issued under section 5, or (b) who contravenes or fails to comply with any term or condition contained in the import permit issued in respect thereof under section 5 , shall be guilty of an offence. (2) Any animal, animal animal parts, veterinary biological product, fodder or litter in respect of which an offence under subsection (1) is alleged to have been committed may be seized by an inspector and, on convic tion of any person who may be charged with the offence, shall be forfeited to the Crown and may be detained, destroyed or otherwise disposed of as the Minister shall direct without liability in the Crown for any such detention, destruction or disposal. (1) The Minister may, for the purposes of this Act, prescribe the conditions under which, and the countries or parts of countries from which, animals, animal animal parts, veterinary biological products, fodder, litter, dung and other similar things may be imported into Antigua. (2) Without prejudice to the generality of subsection the regulations may, in particular, make (a) prescribing the ports of entry where animals and the things mentioned in that subsection which are to be imported into Antigua and Barbuda may be landed; (b) prescribing in respect of such ports of entry the limits of the areas which may be used in connection with animals and the things mentioned in subsection (1) which are to be imported into Antigua and Barbuda; prohibiting, restricting or regulating the move ment into, within or out of a prescribed port area, of animals which are to be imported into Antigua and Barbuda; (d) providing for the cleansing and disinfecting, and the subjecting to quarantine of vessels and aircraft used for the transportation of animals to Antigua and Barbuda; other things. permit 7. (c) (International Movement carcase, Regulation of importation of animals,. animal carcases carcases, and (1), provision 6 LAWS OF ANTIGUA AND BARBUDA CAP. 19) Animals (International Movement and Disease) Appointment and functions of inspectors. Restrictions on importation of animal other things. Penalties for importation of and other things without a permit. biological products, fodder or litter shall be examined or inspected by an inspector. (5) Subject to this Act and the Regulations, the Veterinary Authority shall provide any documentation or information, as may reasonably be requested by the Veterinary Authority of another Member State and which appears to be necessary in preventing the introduction of any prescribed disease into that Member State, or the spread therein of any such disease, as consequence of the move ment of any animal, animal animal parts, veterinary biological product, fodder or litter, dung or other similar thing from Antigua and Barbuda to that Member State or which relates to the provision of the safe and humane move ment of animals between Antigua and Barbuda and that Member State. 4. The Minister may appoint inspectors for the poses of this Act; and it is the duty of the inspectors to carry out the provisions of this Act and the Regulation o f importation o f animals, animal and other things 5 . (1) No animal, animal parts, veterinary biological products, fodder or litter shall be im ported into Antigua and Barbuda, unless imported from a prescribed country or any part thereof and in accordance with an import permit issued by the Veterinary Authority. (2) Any person who wishes to import into Antigua and Barbuda any animal or any of the things mentioned in subsec tion (1) shall apply to the Veterinary Authority in the prescribed manner. (3) On receipt of an application made in accordance with subsection the Veterinary Authority may, subject to such terms and conditions as it thinks fit to impose, issue to the applicant an import permit which shall be in the prescribed form. 6. (1) Any person importing any animal, animal case, animal parts, veterinary biological product, fodder or litter into Antigua and animals, carcases and animals, animal carcases, (2}, carcase, Regulations. carcases animal carcase, • Barbuda pur car 8 LAWS OF ANTIGUA AND BARBUDA CAP. 19) Animals (International Movement and Disease) (e) prescribing and regulating the examination, in spection, seizure and detention of any animal or thing mentioned in subsection (1) prior or subsequent to its being landed in Antigua and Barbuda; prescribing the documents, and their contents, which are to be provided in connection with the impor tation into or landing in Antigua and Barbuda of any animal or thing mentioned in subsection including the certificate which is to be issued by the Veterinary Authority of the country from which such animal or thing is to be exported; prescribing and regulating the testing of any veterinary biological product which is to be, or may be, imported into Antigua and Barbuda; prescribing the times at which, and prescrib ing and regulating the mode and conditions under which animals may be slaughtered in a prescribed port area; (i) prohibiting or regulating the movement of any of the things, other than animals, mentioned in subsec tion (1) and any utensil used in connection therewith into, within or out of a prescribed port area and regulating the disposal of any such thing or utensil; requiring and regulating the mode of cleaning and disinfecting in a prescribed port area of any items whatsoever, including the hands or feet, the wearing apparel or articles in the possession of any person arriving in Antigua and Barbuda on any vessel or air craft being used for the transportation of animals or from any country in which there is an outbreak of a prescribed or any other infectious or contagious disease affecting animals; prescribing the marking of any animals imported into Antigua and Barbuda by tagging or in any other manner, whether as a condition of landing or otherwise; providing for the application to animals imported into Antigua and Barbuda of any test for any prescribed or other infectious or contagious disease or of any treatment or vaccination or inoculation for any such disease. (f) (g) (h) (k) (l) (1), 9 LAWS OF ANTIGUA AND BARBUDA Animals (International Movement (CAP. 19 and Disease) 8. (1) Notwithstanding the provisions of any tions, the Minister, whenever he deems it necessary in order to prevent the introduction of any prescribed disease into Antigua and Barbuda or the spread of any such disease therein may, by Order, prohibit the landing in Antigua and Barbuda of such animals, animal carcases, animal parts, veterinary biological product, fodder, litter, dung or other similar things as he shall specify in the order, which have been or may be brought to Antigua and Barbuda from such country or from such part of any country, as he shall specify in the order. (2) The Minister shall, as soon as practicable after making an order under subsection send notice of the prohibition and, as soon as practicable after the removal of the prohibition, notice thereof, to the Veterinary Authority in every other Member State. 9. The Minister may prescribe the conditions under which, and countries from which cooked meats, cooked canned meats and by-products of cooked meat may be imported into Antigua and Barbuda. The Minister may make regulations, prohibiting or regulating the importation into Antigua and Barbuda any equipment, container or utensil which has been used in connection with any animal, animal animal parts, fodder or litter, dung or similar thing and which is capable of transmitting any prescribed or other infectious or con tagious disease affecting animals. Regulation of movement of animals (1) The Minister may for purpose of the safe and humane movement of animals between Antigua and Barbuda and another country, prescribe the conditions under which such animals may be moved by vessel or by aircraft, into Antigua and Barbuda from another country, and from Antigua and Barbuda to another country, and in particular, the Regulations may make (a) for ensuring for such animals a proper supply of water and feed and proper ventilation during their transportation from Antigua and Barbuda or upon their landing in Antigua and Barbuda, as the case may be; by order to animals, animal certain cases. importation of and meat products. interest ( 1 ), 10. carcase, 11. provision Regula- Power of Minister prohibit importation of of carcases, and other things in ~egulati~n of cooked meats, canned meats by Regulation of importation of equipment used in connection with animals, animal carcases, and other things. Regulation of animal movement in of their safety. 10 LAWS OF ANTIGUA AND BARBUDA CAP. 19) Animals (International Movement and Disease) Quarantine stations. Requirement of quarantine and therefrom. (b) for protecting such animals from unnecessary suffering on being loaded or unloaded in Antigua and Barbuda and during their transportation from Antigua and Barbuda. (2) The Minister whenever he deems it necessary for the safe and humane treatment of animals which are to be moved from Antigua and Barbuda to another country, may by order, prohibit, or require the postponement for such period as he shall specify in the order (a) the movement from Antigua and Barbuda of such animals as he shall specify in the order; or (b) the transportation from Antigua and Barbuda of any animals on such vessel or aircraft as he shall specify in the order. Animal Quarantine (1) The Minister may prescribe the stations which may be used for the quarantining of animals for the pur poses of this Act and different stations may be prescribed for the quarantining of different categories of animals. (2) The Minister may not prescribe a station unless he is satisfied that the station meets international standards for the reception and quarantining of the animals to be received there and, in particular, that an inspector or a duly qualified veterinarian authorised for the purpose by the Minister is available to provide veterinary attention at the station daily. 13. (1) Every animal which is imported into Antigua and Barbuda shall, unless exempted by virtue of tions, upon being landed be placed in quarantine for such period and subject to such other conditions as may be prescribed. (2) The Minister may make regulations in respect of the quarantining of animals that are subject to the require ment of being placed in quarantine under subsection (1) and without prejudice to the generality of such power, may by such Regulations prescribe, in relation to such categories of animals as are specified therein, the period of time during which, and the conditions under which, such animals shall of 12. exemptions Regula 11 LAWS OF ANTIGUA AND BARBUDA Animals (International Movement (CAP. 19 and Disease) be kept in quarantine and he may prescribe different periods and different conditions for different categories of animals. (3) The Minister may prescribe the categories of animals which shall be exempted, and the conditions under which such animals shall be exempted, from the requirement of being placed in quarantine under subsection (1) . (4) Notwithstanding that any animal to be imported into Antigua and Barbuda is exempted from the requirement of being placed in quarantine under subsection (1) an inspec tor who has cause to suspect (a) the animal may be suffering from a prescribed or other infectious or contagious disease; or (b) the animal may have been in contact during its transportation to Antigua and Barbuda with any other animal which is or may be suffering from such a disease or with any other animal which is not so exempted from the requirement of being placed in quarantine; or (c) the animal has otherwise been exposed to the risk of contracting such a disease; may in his discretion direct that the animal shall, on being landed, be subject to the requirement of being placed in quarantine. (5) Nothing in this section shall be construed as restric ting the power of the Veterinary Authority to impose as a condition in an import permit issued under section 5 in respect of any animal to be imported into Antigua and Barbuda the requirement that the animal be placed in quarantine and to give directions therein with respect to the period and conditions of quarantine of that animal. 14. (1) An animal which is, by virtue of this Act, animals. subject to the requirement of being placed in quarantine shall, on being landed, be placed in such prescribed quarantine station as the inspector who inspects the animal prior to its being landed in Antigua and Barbuda shall direct. (2) Any animal which, whilst in a quarantine station by virtue of subsection develops any prescribed or other infectious or contagious disease or, in the opinion of the that Quarantine of ( 1 ), LAWS OF ANTIGUA AND BARBUDA 12 CAP. 19) Animals (International Movement and Disease) inspector, shows symptoms of any such disease, the spread of which would endanger animal health in Antigua and Barbuda may with the approval of the Minister, be destroyed without payment of any compensation. Powers of arrest and search Powers arrest. 15. (1) Where any (a) imports or lands in contravention of this Act or the Regulations any animal, animal animal parts, veterinary biological product, fodder, litter, dung, or similar thing or any equipment, container or uten sil which has been used in connection with any animal or with any of the things mentioned in the paragraph; fails to comply with any requirement of this Act or the Regulations to place any animal in quaran tine or with any conditions imposed pursuant thereto; fails to comply with any requirement of this Act or the Regulations, relating to the keeping or retention of any animal in quarantine, or to its removal therefrom, or any condition imposed pursuant thereto; (d) fails to comply with any requirement of this Act or the Regulations or any condition imposed pur suant thereto, relating to the disinfection of any animal animal parts, fodder, litter, dung, or similar thing or of any equipment, container or utensil or of any part of the person or his wearing apparel or any article in his possession; any police officer or any inspector may, without a warrant stop and detain him, and if his name and address are not known to the police officer or inspector or cannot reasonably be ascertained, the police officer or inspector may arrest him without a warrant. (2) Where any person obstructs or impedes any police officer or inspector in the execution of his duties under this Act or the Regulations, the police officer or inspector may arrest that person without a warrant. (3) A person arrested under this section shall be taken with all practicable speed before a magistrate and shall not of person carcase, (b) (c) carcase, 13 LAWS OF ANTIGUA AND BARBUDA Animals (International Movement (CAP. 19 and Disease) be detained without a warrant longer than is necessary for that purpose. An inspector may, without a warrant, at any powers of search. time enter and search any land, building or place or may stop, detain and examine any vessel, aircraft or vehicle, wherein he has reasonable grounds for 16. (a) that there is any animal, animal animal parts, veterinary biological product, fodder, litter, dung or similar thing, or any equipment, container or uten sil which has been used in connection with any animal or thing mentioned in this paragraph, which has been imported or landed in contravention of this Act or the Regulations or in respect of which there has been a failure to comply with any requirement imposed pur suant thereto; that there is any animal in respect of which there has been a failure to comply with any requirement of this Act or the Regulations, or any condition imposed pursuant thereto, to place it in quarantine or relating to the keeping or retention of it in quarantine or its removal therefrom. (2) An inspector exercising any of the powers mentioned in subsection (1) shall, if required by the owner, occupier or other person in charge or control of the premises, vessel, aircraft or vehicle, state in writing his reasons for the exer cise of such power. (1) Where the Veterinary Authority is satisfied that there has been a failure on the part of the master or captain or other person in charge or control of any vessel or aircraft in a prescribed port to comply with a require ment of this Act or the Regulations, or with a condition im posed pursuant thereto, the vessel or aircraft may be detain ed until the Minister otherwise directs. (2) The Veterinary Authority shall forthwith deliver, in writing, to the master or captain or other person in charge or control of the vessel or aircraft particulars of the non-compliance. (1) (b) 17. believing carcase, Power to detain vessels and aircraft. 14 Regulations. Review the Schedule. LAWS OF ANTIGUAAND BARBUDA CAP. 19) Animals (International and Disease) Miscellaneous 18. ( 1 ) Any person who contravenes or fails to ply with any requirements of this Act or any Regulation or order made thereunder or any condition imposed pursuant thereto shall be guilty of an offence under this Act. ( 2 ) Where any animal, animal animal parts, veterinary biological product, fodder, litter, dung or similar thing or any equipment, container or utensil which has been used in connection with any animal or with any of the things mentioned in this subsection is landed from any vessel or aircraft in contravention of this Act or the Regulations, the or the captain or other person in charge or control of the vessel or aircraft and the owner thereof shall be guilty of an offence under this Act. (3) A person who is guilty of an offence under this Act shall, where no other penalty is providing by this Act or by the Regulations, be liable on summary conviction a fine of ten thousand dollars and to imprisonment for one year. The Minister may make ( a ) prescribing anything which is required or authorised by this Act to be prescribed; prescribing the fees which may be charged for any purpose under this Act and the regulations; the per sons by whom and to whom they are to be paid and the manner in which they may be recovered; (c) generally for the better carrying out of the pro visions of this Act. 20. ( 1 ) The Minister shall cause an annual review of the schedule to be made by the Veterinary Authority and he may pursuant to any such review, by regulations made under section 19 alter, vary or amend the schedule or substitute a new Schedule therefor. ( 2 ) In carrying out the review under this section, the Veterinary Authority shall have regard to such recommen dations as may be made in relation thereto by the Annual Meeting of Animal Quarantine Officials of Member States of the Caribbean Common Market. Movement Penalties. com carcase, master 19. regulations (b) of 15 LAWS OF ANTIGUA AND Animals (International Mouement (CAP. 19 and Disease) 21. Regulations made under the provisions of this subject to Act shall be subject to negative resolutions of the Legislature. resolutions. SCHEDULE Prescribed Diseases African Horse Sickness African Swine Fever Anthrax Atrophic Rhinitis Bovine Leukosis Bovine Viral Diarrhoea Blue Tongue Brucellosis Bubonic Plague Campylobacteriosis (Vibriosis) Chronic Respiratory Disease Contagious Bovine Pleuro pneumonia Contagious Equine Metritis Bovine Leukosis Epicoetic Abortion (Chlamydial) Epizootic Lymphanangitis Equine Encephalomyelitis Equine Infectious Anaemia Equine Influenza Foot and Mouth Disease Fowl Cholera Fowl Typhoid Glanders (or Farcy) Haemorrhagic Septicaemia Herpes Virus Group Infectious Bovine Rhinotrachoitis Infectious Laryngotrachoitis Leptospirosis Leukosis (Marek's Disease) Malignant Catarrhal Fever Mango, ovine (or Sheep Scab) Disease Para-tuberculosis Disease) Pox Pseudo rabies (Anjesky's Disease) Psittacosis Ornithosis Pullorum Disease Rabies Rinderpest Salmonellosis Sarcoptic Mange in horses Scabies Scrapie Shigellosis Swine Erysipelas Swine Fever (or Hog Cholera) Swine Vesicular Disease Theileriasis Trichomoniasis Trypanosomiases (including or de de Surra and Trypanesom Vivax Infection) Tuberculosis Ulcerative Vesicular Exanthema Vesicular Stomatitis Virus Pneumonia Yellow Fever BARBUDA Newcastle Qohne's Enzootic Mal Coit), Mal Lymphangitis Regulations negative Dourine Caderas