Sub-Decree No. 16 on Examination of Animal Hygiene and Products Originating from Animals

KINGDOM OF CAM BODIA NATION RELIGION KING UnojJ1ciJd Transltdion Royal Government No. 16 StJB..DECREE ON EXAMINATION OF ANIMAL HYGIENE AND PRODUCTS ORIGINATING FROM ANIMALS THE ROYAL GOVERNMENT Referring to the Constitution oftheKingdom ofCambodia; ~ Referring to the Royal Decree No. NSIRKT/I198127 dated 30 November 1998 uu the Establlshment ofthc Royal Govenuneatof the Kingdom of Cambodia; Referring to the Royal Decree No. 02/NS/94, dated 20 July 1994 promulgating the use of the law on the Organization and the Conduct of the Council of Mini~eN; ~ Referring to the Royal Decree No. NSIRKMI0600/001 dated 21 June 2000 promulgating the Law on Control ofQuality and Safety ofGoods and Services; Referring to the Sub-Decree No. 17 ANKr.BK dated 7 April 2000 on the Establishment and Conduct of tileMinistry ofAgriculture, Forestry & Fisheries; With approval from the Council ofMinisters during its plenary meeting held on 14 February 2003. DECIDES CbapterI General Provision Article 1 This Sub-Decree is intended to determine the examination of animal hygiene and products originating from animals in order to prevent epidemics of animal diseases, to protect animals' health and public health by implementing the roles of veterinary medicine on all im.ports, exports, transits, and transports of goode subject to .the examination of animal hygiene and products originating from animals from one region to another in the Kingdom of Cambodia through all means of transmitting diseases from animals or products originating from animals from animals to animals or from hWIUIUS ID humans or from humana to animals. 1 Article 2 For all~e or transports ofgoods that are subject to the examination of animal hygiene and products originating from animals for imports, exports, transits; or transports ofgoods subject to the examination of animal hygiene and products originating from animals in the Kingdom of cambodia, the owners of the goods must ask for examination and must comply with all rules of veterinary medicine. Article 3 The Minister of Agriculture, Forestry, and Fisheries (MAFF) shall be responsible for implementing the examination of animal hygiene and products originating from animals with the Department of Production and Veterinary Medicine being authorised to examine animal hyeiene and products originating from animals Article 4 Definitions oflcey wmd~ that are nsed under thill. Sub-Decree are as follows: a eumiutioa of auilDaI hygiene and produets originating from animals: refers to the examination for diseases or toxins caused by bacteria in order to protect animals' health and public health; b. Transport in transit: refers to the transport of goods that are subject to examination of animal hygiene and products originating from animals crossing the territory of the Kingdom of Cambodia. This transport in lr.msit does not include loading of goods, stopping tounlQIld goods inm storage, openingof goodspackages, or change oftransports. c. Sterilization: refers to measures to eliminate disease, animal disease causing agents, or parasitesC8u.dng animal illness through direct or indirect transmission; d. Goods: refers to all kinds of animals, products originating from animals and animals' food that are circulating or in circulation for sales or other purposes; e. Products originating from animals: refers to: 1. Dead animals or killed animals or any parte; of animals that have not beencookedor processed intoproducts; 2. Ivories, horns, and hairs that have been removed from live or dead animals and that have not been processed; 3. Animals'meat or any products that originate from animals as supplyies for.human food,aiJimals~ food, and for use in the sectors of health, agriculture or industry; f. Veterinary medieal agent: refers to veterinary medical officials who operates in the examination of animal hygiene and products originating from animals 'anywhere or who takes samples from animals or products originating from animals fur anaI~; g. Animal disease-transmittiog means: refers to all kinds of animals and products originating from animals, animals' food, humans. transports, 2 animal raising materials. animal storage materials, or packaging materials that induce bacteria and cause animal disease epidemics; h. Animal disease-causing agents: refers to viruses, bacteria, parasites, fungi, and other kinds ofbacteria; i. Transport vehkles: refers to tools loading goods which are subject to examination of animal hygiene and products originating from animals for the-purpose ofcirculation; j. Rules of veterinary medicine: refers to the breaking, disposal. sterilisation, quarantine, detention, vaccination, treatment, diversiun of goods use, retum to original source. slaughter. burial. burning, of goods that are subject to examination ofanimal hygiene and products originating from animals; k, Certificates of animal kygiene and products originating (rom animals: refers to the certificates issued by the authority of production and veterinary medicine after the examination or analysis of the goods that are subject to examination of animal hygiene and products originating :&0111 animals finds that they are healthy and contain no transmittable diseases according to veterinary medical technicality; 1. Animals: refers to 1. Domestic and wild four-legged animals including species for breeding; 2. Domestic and wild birds including species for breeding; 3. Monkeys, baboons including species for breeding; 4. Bees, silk.cocoons, reptiles, amphibians, snails. roo; 5. Eggs for hatching, animal sperm, animal embryo. m. Quarantine statiODS: refers to the place for detention or keeping apart animals for examination for animal endemic diseases and for rules of veterinary medicine in a specific time frame under the management of veterinary medical agents according to technical specifications; n. Packaging materials: refers to materials for winding over or packaging a partofanimals or products originating from animals to ensure hygiene and safety; o, Animal storage iDaterials: refers to materials for safe storing animals duringtransportation. Chapter II ExaminatioD of AnimAl Hygiene and Products Originating from AnJmals Article 5 The Ministry of Agriculture, Forestry, and Fisheries must appoint examiners of animal hygiene and products originating from animals and phyto-sanitary offlcials to take part in implementing their respective tasks at international border check points, international border crossings, bilateral border crossings, 3 regional harder crossings andsea ports in the Kingdomof Cambodia according to the Royal Government's decisionsthrough a Sub-Decree. The Ministry of Agriculture, Forestry, and Fisheries may establish checkpoints to examine animal hygiene and products originating from animals as welt as checkpoints of phyto-sanitary examination at railway stations, dry ports, and domestic airports with authorisation from the Royal Government. In case of necessity, when there are animal disease-causing sources or animal disease epidemics or anarchic movements of animals and products originating from animals, the Minister ofAgriculture, Forestry. and Fisheries may declare urgently the establishment of temporary checkpoints of examination of animal hygieneand products originatingfrom animals at appropriate locations in order to prevent animal disease epidemics or anarchic movements of animals and products originating fmm animals. When such problems have been eradicated, the Minister of Agriculture, Forestry; and Fisheries must declare the abolishment of the checkpoints of examination of animal hygiene and products originating from animals. The checkpoints of examination of animal hygiene and products originating from animals shall be furnished with appropriate technical equipment in order to ensure the effectiveness of examination of animal hygiene and products originating from animals. The checkpoints of examination of animal hygiene and products originating from animals shall be under direct management of the Department of Production and VeterinaryMedicine ofMAFF. Article 6 The Minister of Agriculture, Forestry, and Fisheries must establish animal quarantine stations at checkpoints of examination of animal hygiene and products originating from animals with authorisation from the Royal Government. Article 7 The examination ofanimal hygiene and productsoriginating from animals shall be carried out according to requirements for animal hygiene and products originating from animals ofeach country. Artide8 Goods that are subject to examination of animal hygiene and products originating from animals inclw:le: 1. All kinds ofanimals; 2. Products originating from animals andanimals' food; 3. Transoorts, ntisinR materials. animal storage materials, and packaging materials originating from animals A list of goods that are subject to examination of animal hygiene and products originating :from animals shall be determined by the a joint Prakas of the Minister of AgriCUlture, FOrestry, andFlsberies; the MiniBtcrl oICommcn.x::; the Ministerof Industry, Mines, and Energy;and the Minister ofHealth. 4 Article 9 Owners of the goods that are subject to examination of animal hygiene and products originating from animals must implement the following procedures: • Make propergoodsdeclaration; • Have a certificate ofhygicnc; • Showthe document ofgoods transports to examiners ofanimal hygiene and products originating from animals; • bnsure the quality, safety and hygiene of transport vehicles, raising materials, animal storage materials, and packaging materials for products originating from animals; • Transport or loadlunload goods at locations specifled by the examiners of animal hygiene and products originating from animals in collaboration with relevant competent authority; • Facilitate access for the examiners nf animal hygiene and products originating from animals to taking samples ofgoods for analyses; • Seek prior authorisationfromthe examiners ofanimal hygiene and products originating from animals in case of transportingor loading/unloading goods at locations not specified in collaboration with relevantauthority. Article 10 Before importing or exporting goods, the goods owners must apply for examination to the authority of examination of animal hygiene and products originating fromanimals. Before the goods arrive at a border crossing, the goods owner must notify the checkpoint of exemtnanon of animal hygiene and products originating from animals, and must facilitatethe examination. Article 11 The natural or legal person who has applied for the examination of animal hYiieneand products originating ftomanimals on hisIher goods must pay a fee for the service ofexamination ofanimal hygiene and products originating from animals. The service fee shall be paid into the national hudget The service fee of examination of animal hygiene and products originating from animals shall be detennined by a joint Prakas of the Minister of Economy and Finance and the-M'misterofAgriculture, Forestry, and Fisheries. Article 12 A natural or legal-person may-infonn the closest examiners of animal hygiene and products originating from animals when he/she sees: a) a ship, a canoe,a boat, or any other transport vehicles that carry goods that are SUbject to examination ofanimal hygiene and products originating from animals have leakage or break. down and drift or are driven into the territory of the Kingdom ofCamhndia; 5 b) Goods that are subject to examination of animal hygiene and products oriainatina: from animals that have been dropped hy an airplane onto the territoryof the Kingdom ofCambodia. Article 13 During operation, examiners of animal hygiene and products originating from animals must wear unifonns, badges, and carry with them letter of mission appointment. The uniform, badges of examiners of animal hygiene and products originating from animals shall be detennined byaseparate Sub-Decree. The Minister of Agriculture, Forestry, and Fisheries must issue a Prakas on the procedures of examination of animal hygiene and products originating from animals and any other Prakas or instruction circulars to ensure that this Sub Decree is implemented in an effective, transparent, and.noo·biased manner in the entire Kingdom of Cambodia. Chapterm Examination of Animal Hygieae and Products OrigiDating from Domestic ABwab Article 14 When there is a source of transmittable diseases or disease endemic in any ~gIDn in tm; U;;rrilOry uf~ Kingdum ufCwIlOOdia, lhe Mini~ of Agricultur<:;, Forestry, and Fisheries must declare an animal disease endemic and must take urgent veterinary medical measures. The buying, sales,and tranSports of animalsartd products originating from animals into, out of, orin transit in the region must temporarily stopped WItH there is a new declaration by the Minister of Agriculture, Forestry, and Fisheries. Article 15 Aniina1s and products originating fimtlanimals or transport vehicles must meet the following requirements: a) The animals must be healthy and brought from a endemic-free region or must not traversean regionatrected by an animal disease endemic, and must bevaccinated accordingto.the requirements by the authority of production and ycwiillacy Ilwdlciue;. b) Products originating from animals and animals' food must be packaged properly according to teehnicalrequirementsand must be hygienic. c) The transport vehicles, raising materials. animal storage matecialsor packaging materials of the product originating from animals must be sterilisedbeforeand after transportation. Article 16 The procedures ofexamination of animal hygiene and products originating from domestic animals shall be determined by a Prakas of the Minister of Agriculture, Forestry, and Fisheries. 6 Chapter IV 'RxRlb.ination of Ani.1I1 Hygiene aNt P't'OdueU. Originating. from AniDlals on Imports and Monitoring Article 17 Theprocedurcs of the examination of imports of goods tlmt arc subj(;Ct to eXIJmjRBtionofanimal bygieneand products originating from animals shaJI be required as follows: .1'he natural person or legal permn that import animals. producb:origirtating from animals and animals' food must notify examiners.of animal hygiene and products originating from animals at least five (5) days before the arrival of goods; • When the goods arrive at a border crossing of the Kingdom-of Cambodia, the owner of the goods that are subject to examination of animal hygiene and products originating from animals must report lUld ask for an examination. The checkpoint of examination of animal hygiene and products originating from animals must locate a venue technically appropriate for examination. The owner of the goods that are subject to examination of animal hygiene and products originating from aniJIlals, who iransports the goocs by water ways, must report, when the goods enter the territory of the Kingdom of Cambodia, to the closest checkpoint of examination of animal hygiene and products originating from animals to ask for an examination of the transport vehicle of goods that are subject to examination of animal hygiene and products originating from animals. The transport vehicle can dock at a port only when it is authorised by the checkpoint of examination of animal hygiene and products originating from animals. afterasanitary examination hac; been conducted, Article 18 The examination of imports of' goods that are subject to examination of animal hygiene and ptoducts.originatittg &omanimals: mutt be carried out based on the list of names of animalt:nmSn1ittable diseases. It is banned to import animals and products originating from animals that carry disease-causlng agents as specifiedin the listofnames ofanimahransmittable diseases. The list of names of animaItransmittable diseases shall be detenninedby a Pta1cas of theMhiister of Agriclilture,FofeStryt andFisheries. The Minister of Agricuhure, Forestry, andFisheries has theright to revise the list of names of animal trimsmittable diseases as-necessary. The Prakas on the list ofnames ofanimal transminable diseases shaU enter into force 30 days after public announcement. In case of n~Uy and urgcmcy caused by.the danger oftbetransnnttable diseases, the Prakas on the list of names of animal transmittable diseases shall enter into force twenty four (24) hours after publicannouncement. Article 19 A natural or legal person who transports animals. or products originating from animaJsinto the Kingdom ofCambodia must meet thefollowing requirements: 7 • Have certificate ofhygiene issued by the exporting country, • Comply with Article 9 except for Sentence 6. Article 10and Article 11 of thisSub-Decree. Article 20 The animals or products originating from animals that do not meet the requirements as. stipulated in regulations, commercialcomraets, agreements, conventions, and other requirements of the Kingdom of Cambodia. examiners of animal hygiene and products originating from animals must implement the following measures: • Rerum the goods to their original country; Divert the use of goods; Transport and load/unload goods at locations specified by the examiners of animal hygiene and products originating trom animals; • Detain animals at a quarantine station for monitoring. diagnosis, treatment, vaccination, or sterilisation; • Destroy; In case of destruction or return of goods to their original country, legal measures in forcemust be taken. In case of treatment, vaccination, sterilisation, detention, or destruction, the owner or representative of goods must be completely responsible for mamte:na.n«, expenses. andservices. CltapterV EumiDation of Animal Hygiene and Products Originating from Auimals for Exports Artide:n The export of goods·that are subject to examination of animal hygiene and products originating from artimals must undergo technical examinations for veterinarymedicalhygieneas specified in Article 15of this Sub-Decree. Artide'12. For the export of g~s that are subject to examinationof anim.alhygiene and products originating from animals out ofthe Kingdom of Cambodia, the goods and productsmust undergotechnical sanitary examination at the source location or ar an animalquarantine; :slaiiOil. The goods that are subject to examination of animal hygiene .and products originating from animals must comply with the requirements as stipulated in commercial contract..:!, agreements. conventions. and other requirements of the importingcountry. 8 Artie~23 A natural or legal person who transports animals or products originating from animals out of the country must comply with the requirements as stipulated in Articles9, 10 and 11 ofthisSub-Decree. Article 24 The goods, subject to examination of animal hygiene and products originating from animals, which are -exported, if diagnosed to have a symptom that may cause endemic, examiners of anima! hygiene and products originating from animals at examiritltion oheckpointS must temporarily stop the tmnsit in order to apply the rules of veterinary medicine. The examiners of animal hygiene and products originating from animals must immediately report this temporary stop to the Department of Production and Veterinary Medicine to seek measures from the Miiiister ofAgriculture, Forestry, and Fisheries. Chapter VI EnmiDatioD ofAnimalHjrgieDe and Products Originating from ADimals in Transits Article 2S A natural or legal person who transports animals or products -originating from animals in transit across the territory of the Kingdom of Cambodia must meet the following requirements: • Have a certificateofanimal hygieneand products originating from animals, which is issuedby the exporting country; • Must implement the requirements stipulated in Article 9 of this Sub-Decree except for Sentence 6, • Must ensure that the safety seal is not opened; • All the transport vehicles must not be infected with disease-causing agents or endemic diseases, which can spread along the roads during the transit. Artiete26 The procedures of the examination of goods in translt that are subject to examination of animal hygiene and products originating from animals shall be required as follows: • The owner of the goods must notify examiners of animal hygiene and products originating fiorn animals before the alii-val of the 'goocbat the border entry ur exit point; • Examiners of animal hygiene and products originating from animals must examine the trangport vehlele and the ext'emal pam l'If thepmducts originating from animals, animal hygiene, and the certificate of animal hygiene and products originating from animals of the exporting country and must facilitate speedy transportation, 9 Article 27 The goods that are subject to examination of animal hYaiene and products originating from animals not meeting the requirements stipulated in commercial contracts, agreements, conventions; and other documents on animal hygiene and products originating from animals must comply with the requirements stated in Article 20 ofthis Sub-Decree. In case of accidents during transportation that cause breaks or openings of packaging materials or danger to the animals, the owners of the goods must report immediately the incident to the closest examiners of animal hygiene and products originating from animalsand to the closest authority. The examiners of animal hygiene and products originating from animals must immediately examine and apply the rules of veterinary medicine, and then issue a certificate of examination of animal hygiene and products orisinatins from animals for continuation ofexports. ChapterVD Examiaers of Ailimal HygieDe aDd Products Originating from Aaimals Article 28 Examiners of animal hygiene and products originating from animals shall have the following authority: • Examine animal hygiene and products originating from animals and apply the rules of veterinarymedicine on transport vehicles and the goods that arc subject to examination of animal hygiene and products originating from animals at stocks, factories, firms, farms, quarantine stations, and checkpoints of examination of animal hygiene and products originating from animals in collaboration with relevant authority as necessary; • Prepare minutes ofoffencesand compile the matter to send to court The owner or themanager of themovable property above must allow examiners of animal hygiene and products originating from animals to examine and must collaborate by providinginfonnation to the examiners of animal hygiene and productsoriginating from animals Article 29 Competent authority must help intervene in the operation of examination of animal hygiene and products originating from animals and must collaborate by providing information to examiners of animal hygiene andproducts originating from animals, Chapter VIII Penalty ArticleJO A person who commit an offence against Article 9, Sentences I, 2, 3, 4, 5, & 7 of this Sub~Decreeshall be finedaceording to Article 62, Chapter VII of the Law on Control ofQuality andSafety of Goods and Services. 10 Article 31 A personwho commitan offence. against Article 14, Article 18, Paragraph I of this SUb-Decree shall be fined and penalised according to Article 63, Chapter VIIof the Law on ControlofQuality and Safetyof Goods and Services. Article 32 Ifa person refuses to pay fines, the matter must be referred to court. Rewards for those with outstanding performance in and expenses for missions shall be determined by a Prakas of the Minister of Agriculture, Forestry, and Fisheries and the Minister ofBconomy and finance. Chapter IX Conclusion Article 33 The Sub-Decree No. 14 ANKr.BK dated 29 July 1988 on the Control nf Animal Hygiene and Products Originating from Animals and any regulations contradicting this Sub-Decree shall be nullified. Article 8 The Minister in charge of the Council of Minister. the Minister ofAgriculture, Forestry, and Fisheries, Ministers and Secretaries of State of all ministries and agencies concerned shall be responsible for implementing this Sub-Decree according to their respective taske thereafter its signature. Phnom Penh. 13 March 2003 PrimeMinister Signature & Stamp HUD Sen cc: The Ministry of RoyalPalace General Secretariat ofthe Senate General Secretariat of the National Assembly General8ecretariat ofthe RoyalGovernment Cabinet of Samdech Prime Minister All ministries/institutions All provincial/municipal governors As stipulated in Article 34 Archive 11 No. 197 Photocopied properlylike the original copy "for promuJgation and implementation" Phnom Penh, 20March 2003 Director Department QfProduetioo and Veterinary Medicine Signature & Stamp Kao Thol 12