Animals (Movement) and Disease Prevention Act, 2003 (No. 14 of 2003)

GUYANA ACT No. 14 of 2003 ANIMALS (MOVEMENT) ANO DISEASE PREVENTION ACT 2003 SECTION 1. Short title and commencement 2. Interpretation. ARRANGEMENT OF SECTIONS PARTI PRELIMINARY I assent, Bharrat Jagdeo, President, 29 th September, 2003. PRICE: $1430.00 To be purchased from the office of the President, Georgetown. l'iUNTJ::l) BY G N PL. 3. Veterinary Authmit1. PARTII ADMINISTRATION PARTIII IMPORTATION AND EXPORTATION Of ANIMALS, ANIMAL PRODUCTS AND Al'IIMAL PARTS 4. Restriction on importation. 5. Permit for importation of ariimals and animal related items. 6. Prohibltion of landing. 7. Export of animals, animal products and animal parts. 8. Quarantine stations. 9, Quarantine of animals. PARTIV ANIMAL QUARANTINE PARTY DISEASE PREVENTION ANO CONTROL 10. Diseased animals to be separated and reported. 11. Treatment or disposal of infected animals and animal products. 12. Compensalion for deslroyad goods. 13. Declaration of infected areas. 14. Control zones 15. Disease free zones and zones of low disease prevalence. 16. Order of animal disease •11lergency. 17. Notifiable diseases. 18. Liability. 19. Power to arrest 20. Power of entry and search 21 Power to detain vessel. Pl>.RTVI l>.NJIML WElFAR.E 22 Promotion of animal welfare. 23. Cruelty prohibited. Pl>.RTVII MISCELLANEOUS 24. Regulations. 25. Offences. 26. Non-derogation. 27. Repeal. 28. Transitional pro11i,ions. BILL lntituled AN ACT to control the movement of animals into and from Guyana; to prevent the introduction and spread of animal diseases within Guyana: to protect and promote animal health and safety; and to provide for matters connected therewith and incidental thereto. A.Q..2003 Enacted by the Parliament of Guyana: PART1 PRELIMINARY Short title and l'.his Act may be cited as the Animals (Movement and Disease Prevention) commence- Act 2003 and shall come into operation on such date as the Minister may by order appolnt. ment Interpretation 2. In this Act "animal" means any non-human mammal, bird. fish, reptile, amphibian, crustaceans or insects: "animal parts" means the bones and bone meal, untanned hides and skins, flashings, hooves, horns, claws, hair bristles, wool, feathers, offal, blood (whether fresh or dehydrated) or meat scraps of an animal or any other part of an animal other than the meat or offal, tor human or animal consumption which has been separated from the carcass; "animal product" means the carcass of an animal, animal manure, any animal produce and any product of animal origin for human or Scheaule. animal consumption or for agricultural, reproductive, industrial, domestic, cosmetic or pharmaceutical use; "fittings" means any facilities or materials used for housing, restraining, holding orconfining...any animal, or brushes, cloth, buckets or other articles which may have been brought into contact with any animal, or fodder, drinking water or bedding used by, or wtiich has been brought into contact with, any animal and includes the transportation and processing of the foregoing; "free zone" means a clearly defined area within Guyana in which no case of a disease included in this Act has been reported during the period stated for such a disease in the regulations made under this Act, and within which and at the borders of which official veterinary control is effectively applied for animals, animal products, animal parts and fittings and their transportation; 'infec'i:eO zone" means a clear'ly OefmeO area w'!'thin Guyana ·1n which a disease included in this Act has been diagnosed, which area must be clearly defined and declared by the Minister by order made different ecological and geographical factors as well as all the epidemiological factors and types of animal husbandrY being practised; "inspector" means a person designated by the Veterinary Authority as a veterinary inspector for the purposes of this Act; "Minister" means the Minister respoosible for Crops and Livestock; ·notifiable disease· means a disease mentioned in the Schedule or any other disease for which the Schedule is .imended to inch.Ide; "owner" means (a) a person having or claiming any right. title or interest in a domestic animal, animal product, animal parts or other property; (b) a lawful occupier of property; (c) an agent of a person specified in paragraph (a) or (b);and (d) a person who is in charge, or ,...ppears to the inspector conc'!med to be in charge, of a domestic animal. animal product, animal parts or other property, "quarantine" means action that places animals or areas under the direct supeNision of the Veterimny Authority for purposes cf this Act; "quarar.tine station~ means a facility under the control o1 the Veterinary Authority where an animal or a group of animals is maintained in isolation, with no direct or indirect contact with other animals, order to undergo obseNatiOn (of a s.pecif1ed length ol time and, 1, appropriate, testing and treatment: ~veterinarian" means a duly registered practitioner of veterinary medicine; "Veterinary Authority" the Authority referred to in section 3, means the chief veterinarian, whatever be his designation, who is directly responsible for, i!J1JI. fM., the application of animal health measures and for supervising the issuing of international animal health and international sanitary certificates in Guyana. Veterinary Authority PARTII ADMINISTRATION 3. (1) The veterinary Authority shall be the Authority for the purposes of this Act, unless the Minister ~therwise prescribes. (2) It is the function of the Authority • {a) to administer this Act or any subsidiary legislation made thereunder; (b) to issue certificates for the export of any animal. animal products, animal parts or fittings; (c) to inspect animals slaughtered in Guyana both before and after slaughter including inspections for chemical, microbiologica\ or physical hazards in consultation with the municipalities and neighbourhood democratic councils; (d) to undertake or cause to be undertaken risk assessment lb.des as may be required under this Act or regulations made theww,der; (e) to inspect and certify the health certiftcate of animals, arnmal products, genetic material, livestock feeds and veterinary biologicals impc,rted into Guyana; (f) to co-ordinate animal health epidemiological surveillance activities with a view to establishing disease free zones and infected zones: (g) to establish and maintain laboratory testing fof di1;19nosing pests, diseases, biological: chemical and physical agents; (h) to undertake or cause to be undertaken inspection of the carcasses of slaughtered an·imals; (i) to undertake emergency quarantine action where crrcumstances arise from the presence or likely presence of animals that may pose a risk to human beings or animals: 0) to issue certificates relating to the health or period of quarantine of any animal in Guyana; (k) to perform any othw <unction that may be required under this Act or the regulations made thereunder, if' cansulta\\cn with the Minister. (3) A veterinarian has the power to perform the function of an mspector PART Ill IMPORTATION AND EXPORTATION OF ANIMALS, ANIMAL PRODUCTS AND ANIMAL PARTS Restriction on import talion 4. (1) Any animal, animal product or animal parts shafl not be imported into Guyana unless (0) the importation is from a prescribed country and is in accordance with an import permit issued by the Veterinary Authority; and (b) the relevant Authority of the exporting country issues a certificate specifying the country of origin, species, product and specification (2) Any person who wishes to import any animal, animal products or animal parts into Guyana, shall apply to the Veterinary Authority in the form determined by.the Authority. Permit for 5.(1) Any person who importa\an animal, animal product or animal parts into imponation of Guyaria animals and (a) who haa not obtained an import pennlt issued under section 4; or animal related items. Prohibition of landing. Export of animals, animal products and animal parts. (b) contravenes any term or condition contained in an import permit Issued under sectiOn 4, commits an offence. (2) Any animal, animal product or animal parts in respect of which an offence under subsection (1) is alfeged to have been committed may be setzed by an inspector. (3) Upon conviction of any person charged with an offence under subsection (1 ), the animal, animal product or animal parts may be forfeited to the State 1:md may be retained, destroyed or otherwise disposed of as the Veterinary Authority may direct without liability to the Veterinary Authority or the State for any such retention, destruction or disposal. 6. The Veterinary Authority may, in ordec to prevent the introduction or the spread of any prescribed disease into Guyana, prohjbit the landing in Guyana of any animal, animal product or animal parts, or fittings to be brought into Guyana from any country until appropriate measures are imptemented or until the threat has been removed. 7.(1) Any person who intends to export an animal, animal product, or animal parts shall submit the animal, animal product or animal parts, anij -any. document required bx regulations made under this Act, for examination by a veterinary inspector. (2) tf upon examination the veterinary inspector, taking into constderation the requirements of the country of destination Quarantine stations. {a) is satisfied that 1he conditions fol' the issuance of an intemationa1 health certificate, have beer1 met, he shall issue the certificate; (b) is not satisfied that the anirnal, animal products or animal parts inte"ded to be exported are tree of any risk for the exportation and spread of disease, or do not otherwise satisfy the provisions of this Acl (i) the animal shall be subject to appropriate treatment in order to remove the risk; or (ii) the animal or animal product shall be destroyed or otherwise disposed of at the expense of the exporter. (3) Any person who exports an animal, animal product or animal parts contrary to subsections (1) and (2) commits an offence and is liable on summary conviction• 8. (a) In the case of an Individual, to a fin& of three hundred thousand dollars and to imprisonment for a term of twelve months; and (b) in the case of a body corporate, to a fine of one million dollars. PARTIV ANIMAL QUARANTINE Where the Veterinary Authority prescribes a station for the quarantine of animals for the purposes of this Act, the quarantine station shall • (a) meet the international standards for the reception and quarantine of the animals to be received there; and (b) In particular have available an inspector or a veterinarian authorised by the Veterin.iry Authority to provide veterinary attention at the station daily. Quarantine of of animals. Diseased animals to be separated and reported. 9.(1) Every animal which is imparted unless exempted by regulations, shaD on being landed be placed in quarantine for such period and be subject to such c:onditions A!II may be prescribed. (2) An inspector who has..cause to suspect that an animal (a) is sunenng rrom a notifiable, infectious or contagious disease; {b) has been in contact, during its transpcrtation to Guyana, with any animal which is or may be suffering from a notifiable, infectious or contagious disease or wtth any animal which is not exempted from the requirement of being placed in quarantine; or {c) has othelWise been exposed to the risk of contracting a notifiable, infectious or contagious disease, may, in his discretion, direct that the animal shall on being landed, be placed in quarantine. PARTY DISEASE PREVENTION AND CONTROL 10.(1) The O'NOer of an animal affected or suspected of being affected wtth a notifiable disease shall • (a) keep such animal separate from animals not so affected or suspected, and cause the animal affected or suspected to be tied up, or put in an enclosed place; and (b) forthwith report the fact of the animal being affected or suspected to the nearest inspector or police officer. (2) Any police officer receiving such report shml forthwith report to the nearest inspector, who shall give $Uch directions &net take such steps as may be necessary tor lhe purpose of ascertaining the existence and nature of the disease, and on being satisfied that such disease exists shall forthwith report the disease to the Vetennary Authority. Treatment or disposal of contact infected (3) Eve,y veterlnari81\ who hU reason to suspect111at.,.-.,; 1s inleded wil/1 a n~~•ble disease shall Immediately ,eport I/le facts lo I/le Veterinary Authority. (4) Any pem,n who conlravenes any of the provisions of this seclion or any regulations made under ttii. section commits, an 9ffence and is liable on summary· conviction to a fine of one hundred thousand dollar:5 and after convidk>n to a further fine or ten thousand dollars for every day during whlel\ the offence conttnues. 11. (1) If an inspector knows Of reasonabJy suspects that an animal, animal product. animal part or fittings are diseased or infected Vt'ith a disease or havt been in contact wtth a diseased animal, he may animals and animal products. (a) seize the animal, ~mal product, animal part or ffltings and any thing Which may have been in contact with the animal and, in his opinion, may be harbouring the disease; (b} destroy the animal, animal product, animal part or fittings, or order them to be destroyed; (c) dispose of the animal, animal product, animal part or fittings or order them to be disposed of; ( d) treat the animal or require the owner of the animal to treat it or have it treated; (e) order lhs animal Into quarantine; (f) order the disinfection or decontaminatfon of any premises or vehicle or lhe destruction of fittings lhat may have become contaminated by.th.a d isease. (g) identify and eliminate or neutralise the source of contamination wherever possible, <?l Where 11n animal 1$ deltroyed, the owner allall be entttled inmediately to the carcass of the animal unlesa in the intpector'1 opinion it 11 ~ (a) unfit for human conaumptton; (b) liable to spread a disease, In which case the carcass shall be disposed of as the Inspector thinks fit compensation 12. { 1 ) Where an animal, animal product, animalpElrt or fittings ;9re destroyed, the tor destroyed owner if he is not blameworthy shall be paid adequate compensation within a reasonable goods. time. Ottdaration of infected areas. (2) No compensation is payable for the parts of the carcass considered fit for human consumption. 13.(1) The Minister may at any time by order, which shall be s-ubject to negative resotutiOn of the National Assembly {a) declare any area within Guyana to be an intec:ted zone as regards any disease named in such order, (b) extend, diminish of otherwise alter the limitS of an infected zone; (c:) for the pufPQSe of preventing disease, p{'Ohit>\\ \he removal o1 animals, or of any carcass, litter, dung fodder or fiWngs from any area described in such order. (2) The Ministef may, by notice, declare any disease of animals to be a disease for the purposes of this Act (3) The following provisions shall, in the absence of other provisions made by lhe Minister by regulations under this Act, apply. to all infected zones as and when so declared under subsection ( 1 ) (a) a person shall not remove any ·animal from any· place in the infected zone, to any other place therein, without a written permit to do so from an inspector; (b) ■ person shlln not remove any animal from any place in the infected zone, to any place outside, without a written permit to do so from an inspector; (c) a permit !$hall be in such form and subjt!c.t to such conditions, as lhe inspector shall deem proper, and u,e person to whom it is (d) the holder of a permit shall produce the same for inspection on demand by an inspector, police officer above the rank of sergeant or member of the Force in charge of a police station or outpost or any other person duly authorised by the Veterinarv Authority. (8) the owner of any animals liable.- tg.. be. affected by the named disease in the infected zone shall herd or keep them as far as reasonably practicable from any public roadway ,waterway or railways; (f) the owner of any animal within the infected zone shall, when required by an inspector, isolate such animal from other animals, or remove them from the infected zone; (g) no person shall leave the infecte<I zone without having complied with such reasonable precautions for preventing the spread of disease as may be required by an inspector; Ch) the owner-of an animal dying from disease shall forthwith cause the carcass either to be buried at a depth of not less than four feet below the surface of the ground, or to be totally destroyed by burning; {i) 2my member of tbe POiice Force-hot-below the rank of inspector shall in ~ration with the Veterinary Authority (i) establish road blocks in relation to the zone: Control zones. (ii) lllop and seardl ..., ; and (iii) do such things as the Veterinary Authority may specify as necessa,y for carrying out the provisions of this Act (4) -Any person who fails to comply with any of the provisklns..specifiecl in subsection (3) or in any subsidiary legislation made under thts section commits.an offence and is liable on summary conviction to a fine of one hundred and twenty thousand dollars, to imprisonment for seven months and to a further fine of twelve thousand dollars for every day after conviction during which the offence continue&. 14. If the Veterinary Authority believes that it is reasonably necessary for the purpose of preventing, controlling or eradicating an infectious disease, It may declare any land, premises, area or place to be a control zone and specify any prohibitions, restrictions and requirements which are to operate in the control zone. Disease free 15. (1) The Veterinary AuthOlity may, having regard to international animal health zones and standards, declare any area of Guyana to be a disease.-free zone or a zone of low disease zones of prevalence. kM' disease {2} The Veterinary Authority shall issue directives regulating the movement of prevalence. animals, animal products, animal parts and fittings capable of transmitting the disease in respect of which the area has been declared a free-zone or a zone of IOw disease prevalence, and generally regulating the k88ping of animals in 1ha zone. (3) A person shall not allow an animal, animal product, animal parts or fittings capable of transmitting the disease in respect of which th& area has been declared a free. zone or a zone of low disease prevalence, to enter or remain in the zone except in aceorda nce with the directives apptlcable to the zone. O<derof animal disease emergency. Notifiable diseases. Schedule. Liability. Pcwe<o1 arrest 16, (1) tf the Minister, acting on the advice of the Veterinary Authority with the approval of Cabinet, is satisfied that an outbleak of any prescribed disease has occurred or is likely to occur in Guyana or In any part or parts thereof, he may by order declare that a state of animal disease emergency exists in respect of that disease throughout the whole of Guyana or such part or parts thereof as may be specified in the Order. (2) While an Order under this section is in force, the Minister may take such measures, and do all such things, and give such directions. and require all such acts to be done ,sin his opinion are necessary for the purpose of preventing, eradicating or limiting the spread of the disease the subject of the Order. (3) Any person who acts in contravention of or fails to comply with any provision of this section, or with any order made under this section commits an offence, and is liable on summary conviction to a fine of one hundred thousand dollars. and to imprisonment for a term of seven months, 17.{1) The notifiable diseases under this Act are those mentioned in the Sc:hedule. (2) The Minister may by order amend the Schedule to include a disease that as soon detected or suspected must be brought to the atterition of the Veterinary Authority. 18. The Minister snail bear .no liability for the destruction or disposal of any anir11aI, ~nimal product, animal parts or fittings introduced into a quaran~ area, an infected area or a control zone contnuy to any previsions of this Act. 19.(1) Where any person failS'to comply with any requirement of this Act or the regulatiOns made thereunder retating to~ {a) the importation-or landing of any animal, animal products, animal parts or fittings; (b) Ille---,/ any- in qunntlno, a pallce officeror lnlpector may, "'1houl ■- atop. -and-1111'11. (2) Whentanype,t0nobalruc:laorimpedooanypollceofllcerorl-in lhe execution of his duties unde< lbla Ad. or l9gulallons Ille police offlcer or lnspeclor may arrest lhat --a warrint, Power of entry 20.(1) An JnspeclDr p,eperty ldenllfled may, "'1houl a ..,,1 at any time enter and search. and search any premises, and may atop, detain and examine any veuel orvehk:le, where he has reasona.ble grounds for believing lhat there is in such premises, vessel or vehicle • (a} any animal, animal product, animal parts or fittings which have been landed or imported in contravention of this Act or the regulatlons made thereunder or in reopoctof whlch """9 hu been a failure to comP,y with any requirement imposed pursuant thereto; (b) any animal that h8I not been placed in quarantine as required under the proviSions of U'lia Act or the regulations made !hereunder, or in bleach of anyccndltlon imi;ose<I thereunder, hu not been kept or retained in quarantlna or ha1 been removed. (2) An inspector exercising any of the powers mentioned in sublection (1) shall, at the n,quest of the owner of the --• vehicle or -. llate in writing hi• reuons for the exerdse of such pcHIM. 21. Where Iba Veterinary Au1horlly Is 18ti-lbat thel9 ha been a i.Jhn on the part of the captain of any - or·ain:ratt in a port or airport in Guyana to CCffll)ly wllh •-oflhlaAd.orlheregulatlona, orwllh•-~---· lbe Veterinary Aulhorlty may cauae lhe venel or ain:raft to be detalneo. Promotion of animal welfare. CrueJty prohibited. 22. PARTVI ANIMAL WELFARE The Veterinary Authority shall (a) carry out educational activities designed to prevent persons from committing cruelty to animals; (b) prescribe the maximum weight or loads to be carried or drawn by each s.pecies of working animal; (c) design standards for the keeping and use of laboratory research, working and other animals. (d) make arrangements for ill-treated domestic animals to be treated in official veterinary health care centres and other places, and prescribing the fees to be borne by the owner for the care and feeding of animals there; (e) provide specifications for accommodation and for rearing and transportation of animals; (f) identify standards for care of animals \)y specie in pound, quarantine facilities and on farms. 23.{1) No person shall treat an animal with unnecessary cruelty and in particular shall not• (a) load a domestic animal or otherwise keep or use a domestic animal in contravention of the established standards: (b) bind, keep or carry a domestic animal in a manner that induces unnecessary suffering; (c) maini a domestic animal unnecessarily; (d) Intentionally withhold food or water from an animal in his charge; Regulations. (e) noglec:t • d-or lnjunld animal in 1111 c:t,arge. (2) Any person who contravenes any of the provisions of subsection (1) commits an offence. PARTVII MISCELLANEOUS 24. (1) The Minister may, for the purposes of this Act, mak-3 ntgulations • (a) prohibiting, restricting or regulating the import of animals into, or export from, Guyana; (b) providing for the cleansing and disinfection, and the subjectlon to quarantine of vessels used for the transpcrtation of animals to Guyana; (c) prescribing and regulating the testing of any verterinary biological product which is to be, or may be, imported into Guyana; (d) prescribing the time at which. and regulating the mode and conditions under which animals may be slaughtered in a port in Guyana; (e) prescribing the marking by tagging or irt any other manner of any animal imported, whether as a condition of landing or otherwise; (f) providing for the application to animals imported of any test for any prescribed or other infectious or contaQtous disease or of any trea,tment or vaccination or lnoculatton for any such disease; (g) prescribing the stations to be used fOr. the quart1ntining of animals and different stations where necessar,, for different animals; (h) regulating the quarantining of animal&, lt\8 <turation of·the quarantine to be Imposed on each category of antmala, the Offences. Repeal cap. 11:02 cotegory ol 111-ID be ,,plod and the-under whk:I\ such - may be exemp!Bd; (I) prescnblngthe-whlchmaybechalged!ar...,l)Ull!Oll under this Acl and the--· made-. the - by ..i,om and 1Dwhom they are ID be~-the-In which they may be .-; 0) prescrlbinQ anythlngwhlch la reqUR1araulllariled by thlsAcllo beprucrlbedgenerally!arthe-canylngouloftheprovisionl olthlsAcl (2) Regulations made under this section may haVe regard lo the International Animal Heallh Code (OIE). 25.(1 )A person who commits an offence under this Aclorany sul>lldiary leglslalion made thereunder shall, where no other penalty is pn,vldtld, be liable on summary convie1ion to a fine not exceeding one hundrod lhouaand dollars and ID Imprisonment for a term not exceeding six months. 26. This Ad shall not be in derogation of the . conlernld on a local demon;atic organ Under any other Jaw. 27. TheAnlmllllisauelN:lla. aed. Tninsltlonal 28. AH subeldlary Jeglalatiol,, •wol11b11&.t1, ...- and 1no1ruments, and provillonl. gor,enlly a11·-o1 authority originated underthe Anlmol ~kl, nal.. . Cop. 71:02 with thlaAct. lhlU contlnW ID apply a Nthey-----foduntll an rwoked under Ndlon 24 oltlill fod. Foot and mouth disease Vesicular stomatitis Swine vesicular disease Rinderpest Peste des petits ruminants Lumpy skin disease Rift Valley fever Bluatongue Sheep pox and goat pox African horse sickness African swine fever Hog cholera (classical sYt'ine fever) Fowl plague NeYJCastle disease Rabies Bovine SpongHorm Encephalapathy SCHEDULE NOTIFIABLE DISEASES a.17 Passed by the National Assembly on 18 th August, 2003. (BILL No. 15.2003) S. E. Isaacs, Clerk of the National Assembly.