Animal Health and Production Act, 2016 (No. 7 of 2016)

ANIMAL HEALTH AND PRODUCTION ACT, 2016 Arrangement of Sections Section PART 1- PRELIMINARY 4 1. Sh0l1 title and commencemc:nt.. ...... .............................. .... ' ............................... .4 1. Interpretation..................... ........ .......... ....... ................................. . .... .4 3. Objectives of Act. .... ............ ............... ........ , ........................ ....... ...................... 7 4. Application ofAcL...... . ............. ............... " ... ' ............... ......... , ................... 8 PART II - ADMINISTRATION OF ACT 8 5. Director ofVctcrimu)' Services. ................ . ................ , ............. " ............ ..... 8 6. functions of the Dircctor. ....................................... ..... .... .... ... .. " .. ..... ................ ... . 8 7. Rcgisrer ............. ......... ....... ...... ....... .... .................................... ......................... ..... 10 ANIMALHFALTIf AOVlSORY COMMrITEE 10 8. Establishme1ll :md functions of Anim~ 1 Health Advisory Commil~et ....... .......... l0 V~n::RlNARY AND AUTHORIZED OFFICERS II 9. Powers ofvelerinlU} offi cers ..... ... .......... .. .. ............ .............................. .... 11 10. Designatioll of authorized ofJicers ..................... .................................................. 11 AN IMAL HEALTt-lINSPECTORS 12 II . Designation of animal health inspectors ................... .... .. .... .... ............................. 12 12. Duties and powers of inspectors .................................. .. ............................ ...... .... 12 13 . Inspectors to issue notices. ........................ ........ .. .... .......... ........... ... . . ... 14 14. Inspection report ........... .......................... ... ..... ................................................. 14 LABORA.TORIES IS 15. Designatioll of Is.boratorics ............. ....... .. PART Ill· ANIMAL DISEASE CONTROL DISEASES .. .15 15 15 16. Noti rw.ble diseases............. ............. ......... .. .. . .... ... ...... ........ .. . ................ \ 5 17. Early detection systems... ........ ..... .. ..... ......................... ................. IS EMERGENCY PREPAREDNESS 16 IS. Al)imflldiseasccmergencypltln .... ...... ............................ . ..... ........... ...... ......... \ 6 19. Declaration of disease emergency . ........... .... .......... ............................................ 16 20. Provisional measures in case of d isease cmt' rgc llcy ........ ......................... ........... 17 21. Dedaration of infected zone ........................................................................ ........ 18 22. Revocation of declaration of an infected 7.OI1e ............................ ......................... 19 23. Designation of disease free zones, buffer wnes and su ...... eillance ZOne5 .••..•... .••• 19 DISEASE CONTROL MEASURES 20 24. Animal quaraotine. .. ................... .............................................. .. .•......... ........... 20 2:';. De.stmcril)n of IInimnls for rliSt':llsc oolltrol purposes ......... ... ..... ...... ... ... ............ 20 26. Additional disc.aseconlrol meSS\lres .. .................... ... ....................... ............... 21 27. Movement restrictions within The Bahamas ..........• .•.•......... ...... ... .. ........... ..... .... 22 28 . Notifical ion of diseased animals .. .. .... ...... ....... .... ........ .......................... ..... . ... 22 29. COIT.pensation .. ............ ............ ................ ... , .... ......... .... ............... .... .. .................. 23 PART IV - ANIMAL ESTABLISHMENTS AND ANIMAL CARE 23 P.NIMALESTAELlSHMENTS 23 30. Mainlcn:mce of animal establishments ........................ .... ................ .... ................ 23 31. Registration of estlblishmcl:ts .......................... ........... .. ........... .. ......................... 23 32. Suspension or revocation of certificate of tcgislralioll .......... " ... ....•.................... 24 33. Duty of an animal establisll1nCnt opernor to cooperate W til inspecto t" ............... 25 34. Abattoirs.. ... ........... .. .... ..... . ............. ...................... ..................... 25 35. Animal breeding .......... ............. ............................ .... , ................................... 26 p.NIMALOWNERS 26 35. Duty of owner of animals ... ................................................................................ 26 CARE OF ANIMALS 26 37. Care of animals. ... ... ...... .... ........................................... . ................................. 26 38. Animal \vclfarc ........ ................... ............................. ............ ... ............................. 26 3:). Animal Feed ............ .. ....................................................................... ... ........... 27 40. Veterinary dJUg .... .... .................. ......... ............................... ............................... 27 PART V -IMPORT, EXPORT AND TRANSIT 27 IMPOR'l'SAND MOVE1r1.ENTRESTRICTIONS 27 41. 42. Interpretation . ..... .... ........ ..... ............. ..... ...... ... .. . .... ... 27 Designated ports. ..... .......................... ... ..... ... ... , ...... ................................... ......... 28 43. Import L"equjrem~nts. ........ ...... ..... .. ..... .................. ... . ...... 211 44. Prohibition of imports ................. ........................................ ................................. 29 45. Possession or dispossession of prohib~ted imports . ............. .. ......... ......... • ........... 29 415. Notification ofarrival. ................................................................................. ........ 29 47. Inspection ofimpms ..................................... ..................................................... 30 48. Obligations of captains .................................... ....... ..... .......... .... ........................ 31 4;1. Movement restrictions from overseas .............. .................. ................................. 32 EXPORtS AND TRANSIT REQUIREM:ENTS 32 5~. ExPOIt requirements ................................. ........................................................ .32 51. Tnmsit l'equircmcrrts ............................. ...................... ......................... ....... ..... .32 5~ . lmemational trauspottation faci lity .... ......... ............ ....... ................... .......... , .. 33 PART VI - OFFENCES AND PE"iALTIES 33 53. Offeoces and ;>ella.ties .......... .............................................................................. 33 54. Offences by inspeclors .. ................................ ........ ............................................... 34 55. Gencml penll lty .......................................................... ...................................... .. .. 35 56. Fixed penalties ..... ............................................... ................................................ .35 57. Offences by corporate entities and pen!lllies .......................................... ............ 35 58. Genel1l l provisions as 10 prosectllions under this Act .......... .. ............. .............. .. .36 59. FOIfc inJre .. """""" ". ,', .. , ... " ... , ............... ... ,"" ............... " .. ................ ,', .. ,""'"" ... 36 60. Animal owner liability .. , ............... ,', ....... ", ... , ... , ... ,', .," ", .. ,', ............. ,, . . ... 36 PART VJI- MISCF.LLAN E 'O US PROVIS"'I"'0c.:N"'S . ...:3""6 61. San itary conditi Ol1S required, ....................... ...... " .. , .................... ,........... .. .. 36 62. Confidentiality, .... , .... , ...... ," .... , ..... " ... ,"',.,', .... , .. " ... ... .. , ..... ......... .......... .. .... , ....... .3 7 63. Duty to nssist £Iud coopernte...................................................... .. ..... , ... 37 64. Right of appeal ... , ......... ... ,., ....... " .. , .. ,'", ... " ... , .. .. ... , ..... ..... , ..... , .... ... , ......... .......... .. 37 65. Good faith defence ............... .. ....... , .... , .......... , .................. ...... , .. .. , ... , ...... ,', ...... .... .37 66, Prosllmptions ......... , ..................... , ......... ... ..................... , , ......... , .... , ........... , .. ....... .37 67. Regulations ......................................................... ............ " ................. " ... .......... 38 68. Repeal and conflioo ..................... , .... " ......... , .... ............... , .... ......................... ... .39 SCHI':DULE 39 REPt:.AL 39 No.7 of 2016 ANIMAL HEALTH AND PRODUCTION ACT, 2016 AN ACT TO PROTECT AND PROMOTE ANIMAL HEALTH, TO PREVENT THE INTRODUCTION AND SPREAD OF ANIMAL DISEASES AND TO PROVIDE APPROPRIATE SANITARY MEASURES ~'OR THEIR CONTROL; TO FACILITATE TRADE IN ANIMALS AND ANIMAL PRODUCTS AND TO REGULATE eTHER MATTERS CONNECTED THERETO [Date of Assent· 20'" June, 2016) Enacted by the Parliament of The Babamas PART 1- PRELIMINARY 1. Short tit le and commencement ( I) This Act may be cited as IheAnillla.! Health and Production Act, 20 16. (2) This Act shall come int.o force on a da:-- 10 be appointed by the Minister by notice published in the Gazette and different dales may be appointed by such a notice for the coming into fon::e of palticuJar secrioos or parts of this Act. 2. Interpretation. In this Act "animal" means a terrestrial and aquatic animal (including birds and bees) oflmy kind, domestic alld wild and semen, embryos and ova; "animal carcasl!" includes the carcass and meat of an animal and such of irs offals as are intl;l1ded for human or animal consumption; w!;Iinimni establishment" or "establis"nlent '" means premises in which aoimals 31"(. grown, kept, sold or slaughtered, including fISh p(emises, aquaculture facilities, aquaculrure sites or other premises or area; "animal establishme.t operator" or "operator" melll\!: a person, who owns or is in charge of an animal establi shment, including farms, agricu ltural uniL~, collection and storage facilities, and oiller person having for we lime being the possession, custody or control thereof; "Dnimnl feed" means II mixture of nutrients that !1'G produced under hygienic conditions tbat comply with tbe requiremellts of each species, the age and type of production, of the speci~s either as the only sOllrce of feed or as a supplement; "Anlmnl HClllth Advisory Committee" means the Committee established under section 8 to porfo rm tl le functions set alit uncleI' thi& Act; "animal health ~tatus" meallS the 5tatu~ of a country or a zone or a compartment with respect to an animal disease; ".animal hy~product" meanS the animal carcasses, bones and the bone meal, untanJ1ed hides and skills, flas hing.<;. hooves, homs., claws. hair bristles, wool, fcathers., oftal, whether fresh or dehydrated blood, meat scmps of an animal or any other pMI of an animal other than the meat or offal, which has been separated rrom the carca'\S; "animal owner" or "owner oJ ~Dimal" inellides any person, as defi ned under the Interpretation and General.Clauses Act (Ch. 2), having, for lhe time being, the possessioll, custody or control of an animal, animal proouct or animal-related item; "animal product" means the derivatives of animals intended for hllman or animal consumption or for pilarmaceutical, agricultural, industrial or domestic llse, animal by-products, a~ well as other products used for veterinary production, feed, vctcrillnry dnlgs and veterinary biologicals, fodder and litter; "animal-I'elated item" includes packaging. container, equipment, or other appliances used in on or for an animal or animal product, and objecLs or material capab le of harbouring or spreading animal diseases; '"aquatic animer' means all life stages, including eggs and gameles, of fi sh, molluscs cmstaceans ana amphibians origina1ing from aquaculture facilities or removed from the wild, for farming purpo!'>eS, for release into the aquatic cnvironment or for human consumption; Page - 5 Plge - 6 "Allthority" means the Bahamas Agricultural Hea llh lind Food Safety Anthoril)'. the body corporate established under section 4 of the Bahamas Agricultural Health and Food Safety AUlhority A~ l., 2016; uaulhorized officer" means II person registered uoder the Veterinnry Surgeons Act (Ch. 145) who has been designated under section 10 to perfonn certain specified functions of a veterinary officer; hdisinfecdon" means the utilization of any approved substance or process designed to prevent, elimiuatc or reduce any pest or micro organisms with which animals, flnimal careflsses or animal prodllcts, may be affected; "diagnosis" or "diagnostic" means a determination of the natul"C of a disease; "disease" means the clinical or pathologicnJ manifestation of infection in animals; "eradication" m~5 thc elimination of a pathogen ic agcot nf disease from a zone; l4expol1er" means any person who, as an owner or as consignor, consignee, IIgen( or broker i! in possession of or is in IIny way entitled to (he custody or control of any food imported into or exported from 'Ole Bahamas respectively; "h:aard" means a biological, chemical or physical agent in, or a condition of, an animal or animal prOduct with the potential to cause an adverse heal th effect; "importer" means any person who, as an owner or as consignor, consignee, agent or broker is in possession of or is in any way entitled to the custody Of control of any food imported into or exported from The Bahamas respectively; "infection" means the prcsencc of the patilogenic agent, including zoonotic agents, in the host; "International veterinary certificate" means a certificate issued by the Director of Animal Henltb flnd Production or national veterinary authority of other countries; "Minister" means the Minister responsible for animal diseases and veterinary services; "OlE" means the World Organ izatioll for Animal Health; "outbreak" means the occurrence of one or more cases of a disease or an infection in an epidemiological unit; "quantlline slationtt means a facility under the ool1lrol of tile Director of Animal Health and Production where animals 81'e mnmtained in isolation with no direct or indireet contact with other llnimals, to prevent the lransm ission of a specified disease or pathogen into their surrounding environment while the animals are undergoing observation for a sp~ified length of time as well as, if appropriate, testing and treatment; "risk" means thc likelihood of (he occurrence and the likely magnitude of the biological and economic consequences of an adverse e\'ent or e(fect to human health or animal health; "risk analysis" means a process COlllPOSed of hazard identificat ion, risk assessment, risk managcment and risk commmlicationj "risk assessment" means the scientific evaluation of the likelihood and the biological and economic consequences of entry, establishment and spread ofa M7.8rd within TIle Bahamas; "Sanitary alld Pby(osnnilnl'Y Appeal Tribunal" means the Appeal Tribunal established under section 25 of thc Bahamas Agricultural Health and Food Safety AUlhor iLy Act, 2016; "sD.Di~ry measures" means a measure, slK>h as thosi: prescribed in regulations and guidelines under this Act, to protect ani lnal or human health 01' life from risks arising from the entry, establishment and 101' spr~ad of fl Iu\ZIl rd; "SPS Agreement" means the World Trade Organization Agreement on the Application of Sanitary nnd Phytosanitary Measures; "terrestrial animal" means Ilmammal, bird or bee, and includes insects, reptiles, amphibians, fertiJized ova and embryos; "vellicle" means any means of conveyance including a mOlor vehicle, aircraft or vessel that carries all animal, anima1 products or animal re lated items; "veterinary drug" means a substance or composition of synthetic origin applied or adminiSlered to an animal, whether llsecHor therapeutic, prophylactic 01' diagnostic purposes or for the modification of an animal's physiological function or hthaviour, or any subsl1Ulce or composition presented as having such propenies or IIses, and includes antibiotics, gl'oVlth promoting substances and veterinary pesticides, such as those applied for control of diseases and ectoparasites of animals; "veterinary officer" means a person registered IInder me Voterinruy Surgeons Act (Ck 245) tu\d employed ill the public service. 3. Objectives of Act. The objectives of this Act are (0) to promote animal health and production through good agricultural practices; Page - 7 (b) (e) (d) to prevent the introduction nnd spread of animal diseases and alien species; to regula1e th.e trade ill an imals, animal products and animal-related items; and to give eJTect to the SPS Agreement. 4, Application of Act. (l) This Act applies to animal establishments and all <lllimal owners. (2) Veterinary public health principles shall be adhered as it relates to zoonotic diseases and the Director of Veterinary Services shoji work collaboratively, ill relation to zoonotic diseases, with the Chief Medical Officer with responsibility for public lJealth. (3) Nothing in this Act shall be constmed AS affecting or derogntin!;from the functions of the Director of Food Snfety under the Food Safety and Qunlity Act, 2016 to ensure that food is safe for human consumption and the Director of Veterinary Services shall work collaboratively with the Director of Food Safety by ensuring that all animal products intended for human consumption are subjected to risk analysis and risk assessment that is based on the available scientific evidencc, ulldcnaken in an independent, objective and transparent manner. (4) ror the avoidance of doubt, in the evellt of any conflict or inconsislency between the provisions of this Acl and any other enactment in force in Th~ Bahamas, the provisions of this Act shall prevail. PART Ii-ADMINISTRATION OF ACT 5. Dlrect.:::r of Veterinary Services. (1) There shaH be a Director of Veterinary Services (hereinafter referred to as the "Director"), appoinled under section 12 of the Bahamas Agrkulturai Health and Food Safety AutboriLy Act, 2016. (2) The Director shall be respons ible for ndmini$tcring !lnd carrying out the objectives of this Act. (3) TIle Director shalf be a dulyqualifK:d veterinarian. 6. Functions of the Director. (I) TIle Director shall supervise (a) every veterinary officer employed ill ihe public service; Page· 8 (0) every authorized officer designated under section 10(1); and (c) My person designated as an anima l health inspector under section 11. (2) TIle functions of the Director are (a) to implement measures lO prtvent nnd conlrol the intl'Qdllction. establishment or spread of animal diseases and hazards within The Bahamas, [neluding [he prevention of the introduction and spread of nlien species alld shal l take due account of the provisions on alien species found in the Convention Oil Biological Diversity ratified by The Bahamas on 15 January, 2004; (b) to reglliatc aU matters Ilnd advise the Minister on AI! matters related to animal beallh and production; (c) to establish, mOlliror, Cilrry out, coordinate and evaluate the detection, surveillance and monitorillg programs relAting to anirnal health and epidemiological matters; (d) to liaise with foreign, regional and international bodies dealing with agricultme health tlnd trade in agriculture products; (e) to is~ue iLltenw.tional velerinary certificates, permits and certificates of registration Bud collect fees under thjs Act; (1) 10 establish and regulate licensing lUld cenifjcation progrnms for Animal production, includiug breedillg programs and, coltaborate with the rehwant agencies dC<lling with animal products and related matten; (g) to coordinate all Illatters relating to regional L~d internatiolll'll agreements relElting to animal health and production; (h) to establish comn1uniclltion, trllining nnd public awareneSs campaigns aud to develop animal health diagnosl ic and analytical capabilities; (i) to coordinate with relevant agellcies in other countries to establish recognition oflhe animal health stams afth ut country in the mnnner prescribed; (1) to establish a system for the identification of animals and [he ability to follow the movement of an animal through al l stages of the production chain (hereinafter referred to ItS "animal traceability"); (k) to develop training programme::; required to carry out the objectives of this Act; . (I) where an alLimal diseuse or threat may present n health hazard to humans, to inform BIld coll aborate with the Ministry responsible for health; (m) to approve and implement san itary meu~ures liS necessary for preserving the ilnimal health status; Ptlge·9 (n) to evahlate equivalence of sanitary measures taken by trading partners; and to) 10 do all such acts as appears lo him to be requisite. advantageous or oonvellient for Of in connel;(jon with the carrying oul of the functions of the Act. (3) For the purposes af this sectian "animal identification" means the combination of the identification and registration of all animal individually, with a uniquc idcntificl~ or collectively by its epidemiological unit or group, with a unique group identifier; and "animal traceability" means (a) for any al1 imal , the ability to follow thllt animal or group of animals; (b) in respect of food allimals, the ability Ttl follow any animal or group of animal s during all stages of their lives until slaughter. 7. Register. (I) For (he purposes of this seaion an "importer" or "exporter" means the owner of imponed or expor1ed animal, animal products or animal related· product. (2) The Director shall establish and maintain a register which shail contain the following infonnation for ani mill estab lishments, animal owners; and im porters and exporters of animals or animal pl'Oducts (a) the M nle lind address of the estilblisllment and owner's name; (b) the type and amount of animals; (c) the pmpose for which the animal is kept, and (d) such other particulars as may be prescribed by regulations. ANIMAL HEALTH ADVISORY COMMITIEE 8. Establishmont and functions of Animal Health Advisory Committee. (1) There shall be estflbli shed il cOlnminee to be known as the Animal Health AdvisolY Coml11inee (hereinafter referred to as "the CommitteCl"). (2) The Committee shall comprise of ta) the Director of Veterinllry Services ex officio; (b) au animal production officer in ~le public service; Pagc - 10 (c) II. representative of the veterinAry association ofThe Bahamas; (d) an animal producer; (e) n rtprfl5elllntive from tile Depanmell! that deals with public health; (0 fI representfllive /Tom the Department of Enviroumenlal Health; and (g) such other persons os the Minister considers necessary. (3) l ite Minister shall, on the advice of the Director, appoint persons under subsection 2 (b) -(d) and (g). (4) The Committee may establish ad-hoc committees to assist Ihe committee for specific purposes. (5) TIle Committee shall (a) provide advice 10 the Director regarding animal health and production policies, strategies and sanitary mCllSUres relmive to animal health. disease prevention, control and eradication, zoonoses nnd trade in animals and animal products; (b) assist the Director in the development of the animal disease emergency plan established pursuant to sectioll 19. VETERINARY AND AUTHORIZED OFFICERS 9. Powers of veterinary officer"!!. A veterinary omcer shall be a public officer and shall have the power to (B) illSp~el any I'lllimaJ, animal pJ'oduct or Animal·related item; (b) issue veterinary ccl1ificatM or other offici,,1 documentation; (c) act as an official liaison officer with relevant agencies; and (d) perform such other functions as may be considered necessary for carrying out the p1lrposes ()f tllis Act. 10. Designation of authorized officers. (I) The Board of the Bah,1mllS Agricultural Health and Food Safety Authority shall, in consultation with the Minister. deSignate any veterinarian registered under the Veterinary Surgeons Act (Ch. 14j ), a~ an "authorized officer" for the purposes of this Act. (2) An aULhorized officer shall perform such functions for stich period as mAy be specified, in a written instrumellt issued by the Director. (3) Every authorized officer shall have in his possession an identification card. bearing a photograph of the officer. ('I) An authorized officer in performing his functions shall not (a) issue veterinary certificates or other official documentation; Page· tI (b) liaise ..... ith relevant agencies or foreign authorities or perform tiDy notification responsi>ililics; (~) approve standards, requirements, niles and sanilll r;' measures for 1he purposes oftbis Act; or (d) designate any area to be a zone defined under section 24(3). (5) The Director shall oversee the supervision aud traiuing of all authorized officers carrying out functions under this Act (6) Any persoll who has an) actual or reasonably perceive:! interest in a matter or an actiol1 to be taken by the Direcror, whether that interest is direct or indir~ct, shall not deal with the matter, (7) Where a person under subsection (6) beco\11es aware of such interest, he shall notify the Director in writing within three days of becoming aware of such interest. (8) Upon receipt of a notice ~ferre<i to in subsecrion (7), the Director shall immediately reassig,\ die matter to another officer, ANIMAL HEALTH INSPECTORS 11. Designation of animal health inspectors. (J) The Director, every ,'eterinary officer and all authorized offICers are de foclO animal health inspeclOrs for the purposes of this ACl (2) The ChairmM of Ihe Authority may, on the tecomme'1dation of the Director, designate a persoo who is serving as a public officer to carry (lut the functions of an animal health inspector. (3) ·nlC Chairman shill! issuc a certificate of nppointmcnt to every person appointed under this secticxl. 12. Duties and powers of inspectors. (1) An inspector may inspect any person, lUggAge or means of conveyallce moving into TIle Bahamas to determine whether any animt'!. animal product or 3t1imal-related item is being carried in contrll.ventioo of this Act. (2) All inspector may, without a warrant, but upon the presentation of his identification card, enter !ltd inspect allY land or building, including, but not Hlnited to, an an imal establishment, vehicle, intenlHtionaJ transponation facility or container, exccpl a dwelling place, ,",,'here any activity in relation to animaJs is being carried out. or is suspected of being Page · J2 carri~d out, and ror the purpose or cleterm illillg whether this Act is being violated, do any of the rollowillg (a) examiue any anim:l l, animal product or animal-related item which is, or is suspected of being used in lin activity related to fU1imo ls; (b) seize and detain any animal , animal product, animal-relat.ed item, book, nateme1\t Qr document which appears to provide proof of a contravention of allY provision of thi s Act; (c) require 011 (i) animal establishment operator; 01' employee of the eswblishmcnl; (ii) animal owner, to submit any information or doownentation regarding any animal, ,,"imal product, animal-related item, object or substance 011 the premises or suspected of being 011 the premises; (d) weigh, coun~ mcas\u't, mark, open, take phOtographs, read any values of any instruments and tllke sam ples in the prescribed manlier of any thing 011 the premises and submit it ro an official laboratory for analysis, or secure or prohibit access 10 the same; (e) tx<lmine, mllk~ copies of or take exlrncts from IIny book. statement or other document f~md at such premises tha·. the inspector believes on reasonable grounds contains any information relevant to this Act; (t) demand from the (i) animal cslablishment opcrator; or (il) animal owner, 011 explanation of any entry io the dOC·llmenlS under paragraph (e); (g) examine any operation, process or syst<ml \\!.C{\ or carried out on such premises; (b) in relation to any animal. mnke examinations, apply tests, take samples, use vaccines or serum and Rpply marks as may be reasonably necessary for the purposes of this Act; • (i) stop and search any vehicle containing or suspected of contAinins any animal, animal product or animal -related item before releasing the animal or product to the custom officer; (i) for it prescribed period, !)IQp the di!ltrih\\ticn, !'.ale or \\ge of any animal, animal product or animal-related item which II veterinary officer has reason 10 believe is infected with or may spread a disease, hazard or is an invasive alien species; (k) do any other stich Ihing as may be required for carrying out rhe duties under (he Act Page - 13 (3) An inspector or peace officer may, withom 8 warmnt, apprehend any person who refuses to allow the inspector entry under subsection (2) OIld the inspector shalJ take !tim fonhwitb before a magistrate to be dealt with according to law. (4) A person apprencnded tmder tnis section shall be taken with all practicable speed before a magistrate aud shaJJ not be detllined wlLhout a warrant longer than is necessary for that purpose. (5) If an inspector seizes and detains any item under subsection (2)(b), he ~ hall give the owner or occupier of pretn i5es or the A.l1imal establishment opcrator (i) written reasons for such seizure and detention; and (ii) a written inventory or[he things that have been seized and detained. (6) An inspector shall investigate an offence or alleged or suspected offence under this Act or any regulations and shall have all powers, privileges. protections and authoritie. conferred by law on a police officer for and in relation to thc investigation of an offence. 13. Inspectors to issue notices. ( I) Where an inspector has reasonable grounds for believing that an animal establishment operator or an animal owner has fai led to comply with the Act, the inspector shall sel"l'e a notice on the person (a) Slating the breaches which have been commirted under the Act; and (b) specifying the time by whk:h the breach shall be remedied. (2) Where per50nii[ service cannot be effected, a notice shall be affixed to n conspicuous place on the animal establishmel1t or the animal owner's premises, and such notice shall be deemed to be served for the purposes of this section, (3) Any person who fails to comply with n notice served under this section commits an offence. (4) Any person who tampers with, removes or destroys a notice under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding fi ye thousand dollars. 14. Inspection report EVelY inspector shall, fo llOWing the conduct of an inspection, prepare a writtcn report outl ining the details of fhe inspection lind shall forward II copy thereof to the ChiefTlXhuical Officer. Page · [4 LABORATORIES 15. Designation of laboratories. (1) ll\e Minister shal l cause to be established a national veterinary diagllostic laboratory for the: purposes or this Act and mlly (a) approye of a iabor.ltol)' in TIle Bahanlas; (b) designate a recognized veterinary laboratory outside The Bahamas, as an "official laboratory" for lhe purposes of this Act. (2) Any person operating an official labomtory who has any actual or reasonably perceived interest in work as~igned to it or any action taken by the Director, whether stich interest is direct or indirect, shall not perform STlY duties in relation 10 suel, mR.tte l ·~ . (J) Where a person UDder subsection (2) becomes aware of such interest, he must notify the Director in writing immediately upon becoming aware of such interest. (4) Upon receipt of a notice under subsection (3), the Director shall as sool\ possible transfer the matter to another laboratory. PART III -ANIMAL DISEASE CONTROL DISEASES 16. Notifiable diseases. ( I) For the pLLrpVSCS of this Act, u.otifinble dlscase!! means a disease listed by the Director and that, as Sooll as detected or suspected, should be broughl to the attention of lhe Director in accordance with this Act. (2) The Director shall adopt and update n list of notifinble diseases based 011 the the orE list of llotifiable diseases; lind shnll establish ~ list of diseases of national concern, based on risk unalysis. (3) 'nle Director shall update the lis! froll1 time to time based 011 risk analysis. (4) The Minister shall by Order publish the list of notifiable diseftses, and any subseqllcm 8111Cl)dmcnt5 thereto in the GBwte. (5) TIle Director shall immediately report. to OlE all detected or suspected otltbreaks of a notifiable disease. 17. Early detection systems. (1) For the purposes of this section, "poputlltion" means a group of animals sbaring D common defined chllmcterislic. Page-IS {2} The Director shall establish early detection systems for the timely detection and identification of an incursion or emcrgcttce of 8 disease or i.,fection in tile country, in n zone or in a compartment. (3) The early detection system shall be llnder the control of the Dh:.:ctor and shall include the following (a) a national chain of command; (b) representative coverage of targeted animal populations by inspectors; (c) the ability to undertake effective disease investigation and reporting; (d) access to laboratories capable of diognos ing and differentiating relevant di~eases ; (e) training in the detection and reporting of diseASeS and ha7..ards for veterinarians, inspectors, livestock owners and others involyed in handling animals for detecting and reporting unusual animal health incidents; • (f) the legal obligation of veterinarians and official Ia.boratories to repot1 animal diseases or hazards to the Director. (4) Any veterinarinll or official labor2tOl)' that fa ils 10 comply with subsection (3Xf) commits an offence. EMERGENCY PREPAREDNESS 18. Aninal disease emergency plan. (1) Thl: Director shall prepare an animal disease emeT¥cncy plan. (2) The plan shall be updated from time to time. (3) TIle Director shall cause sim ulation exercises to be carried out Ollce eyelY two yeers. (4) The Director shall collaborate with the National Emergency Management Agency in preparing d"le animal disease emergency pilln. 19. Declaration of disease emergency. (I) Where the Director has reasonable grounds to believe that there is Page - 16 (a) an outbreak of a disCftSe or a high risk of an outbreak of a disease; end (b) that such an outbreak poses or possibly poses a hazard, the Minister shall, by Order, declare a disease emergency. (2) A declaration made under subsection (I), shall (a) be based on fisk assessment and be limited to soch duration Il.S is necessary to minimize the risk; (b) cause the animal disease emergency plan to :e immediately initiated. (3) Where a disease emergellCY is declared the Director shaJi notify the Depanment or Public Health, general public and the OlE and may cause any of the following actions to be carried our (a) mark the boundaries ofthc emergency area; (b) establish roadblocks at an entrances and exits to and from the area; (c) csmhlish facilities for lhe cleansing and disiuf<::ction of al [ pt:rsOJlS, or things likely to spread the animal disease; (d) disinfect all vehicles cntelin~ or exiling rhe area and other articles whieh are likely to carry the disease; (e) inspect and disinCect all persons and their posscss~')ns leaving the area so as to prevent allY pathogen from leaving the area; (f) fo!' the purposes of this suhsection, detoin persons, animal-related items Rnd other art icles and vehicles for as long as is llC<:CSS!JY to minimise or eliminate any risk presemcd by them; (g) r.erfonn surveillance activities to ascertain the extent and status of the emergency; (h) perform any other measures that m!ly be necessary. (4) The Director shall regularly update the Minister with .respect to the disease or hazard and th~ Minister slmll by Order revoke the disene emergency declaration when the Director delemlines that the hazard or disease has eoded or is being conlroll~d . (5) Sanitary measures adopted in case of a discase emergency shall be published in the Gazette, newspapers, on television and radio Il ll(\ posted on the Government website. (6) Any person who interferes wi~\ any of the actions under subsection (3) commits an offenee and shall be liable to a fixed pelllllty of one thousand dollars. 20. Provisional measures In case of disease emergency. (I) The Director may by notice implement provisionlll measures to verify and control the risk of a disease OULbreak once 811 emergency is declared by the Minister under section 19 (I). (2) The provisional measures shall be proponional to the risk! and limited by such time as shall be speciflCd in the notice issued under subsection (1 ) Page-1 7 (c) give directives to persons within the zone as he deems necessnry. (5) TIle Director shall (a) regularly review the animal healdl status withi" the W"e', (b) veriI)' complinnce with any directives given by him. (6) Where an operator of an eSlablishment in an infected zone fails to comply with the provis.ions of this section his ccrtificate of registration shal l be suspended or revoked. (7) Any perSOll who knowingly and without reasonable excuse fa ils to comply with 811 order under stlbscctioLl (4) commits an offence alld is liable on summary conviction to a fine not eKceedillg ten thousand dollars. 22. Revocation of declaration of an i"fectad zonc. Dn the recommendation of the Director, the Minister may, by Ordel revoke the declaration of all infected zOlle, at which time the place shall ceas~ to be an infected zone. 23. Designation of disease free zones, buffer zones and surveillance zones. (I) For the purposes of this Act "diSCJlse·{ree zone" Il1l!ans a zone in which th e absence of a proscribed disease has beell demonstmred and 811 official control programme is dfcetively applied for animals fi nd animal products and their trunsportation; "bu(f(~l' zone" means a zone established to protect the health status of lIJlimals in a disease fi'ee zone from those in 0 zOlle of a difTercnt animal health status, using meftSures such as vaccination, movement control and disease surveillance based on the t:pidemicklgy of the disease or pathogen unck:r consideratkln, in order (0 prevent spread of the causative pathogenic agent into a distllse free zone; "gurveiIJal.lce ton e" means il zone esrablished within, and along the border of, a disease·fiee lone separating the disease flee 7.one from an infected ZO lle. (2) Upon tile recoll1mend~tiol1 of the Director, the Minister may, by Order, dec lare a zone to be (a) a disease-free zone; (b) a buffer zone; or (e) a surveillance zone. (3) The Director shalJ approve the sanimry measures necessary to mainniu disease free zones, buffer zones and surveillance zones. Page. 19 DISEASE CONTROL MEASURES 24. Animal quarantine. (1) The Minister may, as he deems necessary (a) establish a quarantine station at any place or dcsig;natcd port; (b) designate any p~dce as a temporary quarantine station. (2) A quarantine station shall (a) meet prescribed standards for the receptioll and quarantine of animals, animal products or animal·related items; and (b) be regularly monitored by a veterinary officer or inspector to provide care to the animals quarantined therein, (3) A veterinary officer may place any animal in 3. quarantine station where he suspects that the animal (1\) is suffering from Il notifiable disease; (b) has been ill contact with an animal suspectc<l of suffering from a notifiable disease; or (c) has otherwise been eKjX)sed to the risk of contracting /I notifiable disease. (4) Any animal in quarantine which (a) develops a notifiable disease; or (b) in the opinion of the veterinary officer, presenls a risk for the 5pread of any disease in The: Bahamas, may, with the approval of the Director, be destroyed without compensation to the owner. 25. Destruction of animals for disease control purposes. (I) For the purposes of this section , a.n "epidemiological unltll means a group of animals with a defined epidemiological relationship sharing approximately lhe same likelihood of exposure to a pHthogCl1. (2) A veterina.ry officer may clluse to be killed Page· 20 (a) aay animal suffering from a notifiable disease or thnt is c:msidefoo a hazard or vector; or (b) any animal of an epidemiologica l unit, that is reasonably suspected of having a notifiable disease, in order to prevcnt the spread of the diseasc, and for that purpose the veterinary officer may give 211 necessary directions. (3) A veterinary officer may, fur the purpose of observation, treatment and disposal (a) take possession of and retain any animal liable to be killed under dlls section; and (b) lake appropriate a.ction. (4) Where lin anima l or ~nimal product has been in contact with, or ill close proxim ity to another anima.! or a.nimal pL'l~duct 01' item that was or is suspected of being or having been aft'ecterl by or contaminated by a disease, or n haznrd, or of being R vector, a veterinary officer Inlly require the owner of an animal or an animal establis\\ffiCnt operator to dispose of tho anima! or animal product in i\~(lrrlance with Sllch dirOl:tions !IS ll1ay be issued by the officer. (5) AllY diseased animal which has been destroyed under the provisions of this Act shall be disposed of as soon as po~sible by th(l owner of the animal or the ani mal establishment operator in accordance with directions isslIed by the veterinary officer. 26. Additional disease control measures. ( I) For the purposes of this section "coml'artmeot" in the terrestrial animal health context, means an animal sub population contained in onc or more establishments under a common animtll health management system with a distinct animat health status with respect to a specific disease or ~,x:citic diseases for which required surveillance, control and animal health meullres have been applied for tllc purpose of international trade; "official control programme" means (I programme which is npproved and managed or supervi.1ed by the Director for the purpose of controlling a vector, pathogen or disease by specific sanitary measures applied within an infl!Cted zone, disense frcc zone, surveill ance I..one, buffer zone oj' compartment. (2) For the purposGs of cOlltrolling 01' eradicating a notiti llble disease or hazard and preventing its introducti on 0]' spread, the Director may implement control measures, which include, but are l10t limited to the following (a) prohibition or regulation of the movement of !lny !lilimal, person or vehicle, within, into or ou t of a disease free ZOnt:, buffe r zone or surveill!lnce 7.one; (b) provision for the establisbment of compartments within a 7.one and various control meaSIlTeS tor eilch comparlmeTll; . Psge·21 (c) 8urllorizauon of the disposal or treatment of anim31s, animal products or animal-rehued ilems Ibat are or have been in a buffer zone, surveillance 7..orte or disease free zone; or (d) implememalion of allY other disinfection measure.~, eradication measures, official control programs and stamping-Qut progmm 27. Movement restrictions within The Bailamas. (1) For the purposes of this section,"zone" means II clearly defined palt of a ten-itory containing 1111 animal Sllb populaLion with a distinct 8ninHlI health status with respect to a specific disease for which required SlJrveillance and bio-securilY measures have been applied for the purpose of national or intemational trade, (2) ~o person shall move an animal fToI11 (a) one zone to another; (b) one island to another, unless the person is in possession of a valid permit issued by the Director. (3) Where an inspector has reasonable groun::ls to believe that lin animal or product has been removed from or taken into an infecled zone, buffer zone, disease-free zone, or surveillance :wne in conlravention of subsection (2), the inspector may - ~ (a) seize such item, jfthere isa s~nitary risk; (b) postpone U1e movement for such period as he may specify in a written notice; or (c) takes such sanitary measure!\S he deems necessary. 28. Notification of diseased animals. (I) Any person having in his possession or under his charge an animal suffering from a notifiable disease or hazard or having knowledge of any facl sUl1'olmding the notifiable disease or huard, including, but not limited to the slaughter and disposal ofslIch an imal, shall (a) after he becomes aware of the presence of or any fact surrounding the notifiable· disease or hazard, immediately notify the nearest veterinary officer or inspector 01 the persoll in charge of the nearest police stlltion or Family Island Adm in istrator; alld (b) keep the diseased animal or animal affected by a hazard, separate from other animals. (2) The police or Administrator shall immediately transmit the informaiion obtained under subsection (1 Xa) 10 the Oi~ctor. Page.22 29. Compensation. (1) Subject to the provisions ofthis section, the Minister mil)' in Ilis discretion order compensation to be paid to the legal owner of any animal slaugl1tered under the provision of this Act (2) The compensation payable under this section, shall not exceed the market value tbat animal as illay be determined by the Directol' immediately befOTe slaughter. (3) The value shallnol exceed any amount as may be prescri~d from time to time. (4) No compcnsation shall be paid Lmder this section, where all animal owner has been convicted of an offence under til is Act in relation to such animal. 01' where sllch animal was imporled aLtd was, in tIle opinion of the Director, diseased at the time of importation. PART IV - ANIMAL ESTABLISHMENTS AND ANIMAL CARE ANIMAL ESTABLISHMENTS 30. Maintenance of animal establishments. An operator of an animal establishment shaIl (a) €.\\Sllre compliance with the provisions of this Act and an)' other applicable law; (b) ensure that the cstablishment is registered in accordance with section 31; (c) maintaill and keep proper records in relation to the facility and animals kept thercin; and (d) ensure that all persons ill charge of the establishment comply with the provisions of this Act. 31. Registration of establishments. (1) No person shall operate an establishment involving, but not limited to (a) the purchase and sale of animals; (b) an imal breeding; (c) the care of animals; (d) animal slaughter and stunning; (e) animal housing and feeding; (f) animal tnmspOit by land, air or boat; Page" 23 (g) the use of animals in researoh and education; (h) the use of animals trained to perform tasks, including animals used in exhibitions, perfonnafJ C«:s or in circuses, unless the establishm ent is regiscered in accordance with this section. (2) Any p~son who is desirolls of operati ng an animal establishment shall (a) make application in the prescri bed form; And (b) pay the prescribed fee. (3) Once the Director is satisfied that (a) the premises are fit and proper for such purposes; (b) the premises have been duly inspected by an inspector under this Act; (c) the relevant provisions of Ihe Ani mal Protect ion and Conlrol Act (No. 19 oj201fJ) have been complied with ; (d) lilly other conditions are 3atisficd liS may be considered necessary, the Director shall register such establishment and issue the establishment a certificate of registration witJ} a unique identification number, specifying such terms aud conditions as the Director deems n0CCS3llry. (4) Where the applicant does not meel die requirements, tbe Directol' shall inform the applicant or its reasons in writing. (5) A certiJicale of registration shall be valid for one year and shall be subject to renewal on satisfaction of the conditions S pt~dfied in subsection (3). (6) The grant of a certificate of registration under this Act shall be a precondition to the issuance of a blls ine~ license under the S\lSiness Licence Act (No. 25 oj2010). (7) Any person who fails to register his establishment commits flit offence and shall 00 liable to [he payment of a fixed penalty RS prescribed, 32. Suspension or revocation of certificate of registration. (1) Wbere an operator fails to (a) observe any provision of this Act; or (b) observe the tenns and conditions of a certifica le of regislration; or (c) has been convicted of an offence under this Act, the Direclor may order the immediate suspension or revocation of the registration. (2) If the Director proposes to suspend or revoke the registralion, h(. Illust (a) give the operator ootice ill writing of the proposal; Page" 24 (b) give written reasons specifying the grounds fo!' tho proposal: and (c) invite the operator to show calJse why the Director should 001 proceed as proposed. (3) Where rhc Director has ordered the immedillTe suspension Of revocation of the resi~ratiol1 (a) the operator shill! immediately cease all operations of tile business until furLller notice; (b) he shall stipulat~ the actions that the operator must lake in order to resllme operations. 33. Duty of an animal establishment operator to cooperate with inspector. During an illspection of an animal establishment, the operntor or an employee of the establishment shall (a) provide assistance or cHrry out instructions as lIlay be I'eaoonably necessary to facilitate the exercise of the inspector's fllnctions or \0 implemcnl lhe provisions of this ACI; (b) provide all itlformation a9: may be reasonabl; necessary 111 connection with the furtherance of tbe enforcement of this Act; (c) have the right to (i) accompany the inspector throughout the inspection; (ii) request the inspector to provide written reasons for the actions taken during !tll inspection. 34. Abattoirs. (1) For the purposes of th is Act, "abattoir" means premises used for me shmghl"er of non-aqwtic animals for human consumption or animal consumption lind includes any place referred to as a "sla.ughterhouse" in any law of The Bahamas, (2) TIle building named the ''New Abattoir" under the Slaughterhouse (Oakes Field) Ordet·, sha ll COllti lllle to be an abattoir for the purpo~ ofthis Act. (3) TIle Minister may by Order declare Any other place in The Bahamas to be an abat10ir and may define the limits thereof. (4) No person shall slaughter an animnl intcl1ded for sale, unless the slallghter is carried out in a place declared to be an abattoir under sect.ion (3). (5) NOlwithslan~ing seelion (4), the slaughter of all animal fOr sale (a) may carried 0\11 in such other place as may be authorized by the Director; and (b) shall be under the supervision of a vetcrinaL), officer. Page. 25 (6) No animal shall be slaughtered nor shall the carcass of the slaughtered animal be removed from dle abattoir until inspected and Ilpproved by II veterinary officer. (7) Any person who fa ils to comply with 5ubsections (4), (5) and (6~commits an offence and shall be liable to a fixed penalty of five thousand dollars. 35. Animal breeding. No persoll shall carry out commercial animal breeding or any other commercial reproductive activitics unless that person is ill possession of a permit issued by the Director. ANIMAL OWNERS 3S. Duty of owner of animals. An animal owner shall (a) where applicable, ensure mat the aniln",1 is licensed in o.ccordance with the AnimaJ Protection and Control ACl (No. /90/20JO); (b) when required to do so, render assistance to and call)' our the instructions of a veterinary officcr or inspector as may be requ ired to facilitate the exercise of the officer 's fimctions; (c) provide information liS may be considered necessary to aid in the eradication of aoy animal disease or for the implementation of this Act CARE OF ANIMALS 31. Care of animals. Every person who is the owner of an animal shall care for that animal in accordance with the provisions of the Animal Protection and Coatrol Act (No. 190/2010) and any regulations made hereuJlder. 38. Animil welfare. TIle Director shall establish standards and requiremellts with regard to animal welfare, including, bullimitoo to (a) animal killing and stu nn in~ (b) animal hOU:i ing and rt:eding; (c) animal transport by land. air or boat; (d) the use of animaJs in research and education; Page· 26 (e) the use of animals trained to pcrfonn tasks, including animals used. in exhi bitions, perrormances or in circuses. 39. AnImal Feed. ( I) The Director shall (a) set standards for animal fe«l and for the production of animal feed; (b) set the import requirements for animal feed; and (c) set labelling requireme11ls for 811LlllAJ fee:d. (2) The Director shall regulate the usc of animal feed. 40. Veterinary drugs. (1) For the purposes of this section, "velcrioary biolOgical productsl ' includes any substance cQ11lInonly known as antibiotics, chemotherapeutic agents, hormones, Y3ccines, sera, toxins, antitoxins, antigens and micro organisms and parts of micro-organisms living or killed or any othor biological substance which is intended solely for use in' the practice of vetetinary medicine, and incilldes germ pias:m of animals for use in artificial insemination, and embryo transfer, (2) TIle Director shall collaborate with the relevant authority responsible for pharmacelltical df\lgs in the setting of standards, mallagemetu and .he trude of veterinary biological products and drugs, (3) The Dir~C(or shall regulate the use of veterinary biologica l products and drugs used for veterinary purpose)). PART V - IMPORT, EXPORT AND TRANSIT IMPORTS AND MOVEMENT RESTRICTIONS 41 . InterpretatIon, For the purposes of this Part "designated port" means a plllce designated by the Minister for the purposes of this Act Ilnd selected from customs places established under the Customs Management Act, (No. 30 nj20JJ); "consignmen.t" means a quanti ty of animals, animal products or animal relaled items being moved from or into The Bahamas and covered where required by a single veterinary certificate, Page - 27 (5) Import requirements: shall be based on intemotional standards and where an international stnnd~t'd is not used the import requirl;:'ments shall bc based on risk assessment. (6) The Director shall frOm time to time, publish a list of animals. animal products and animal-related items which require an international vctcrinal), certificah:: prior to that animal aud those products being imported into The Bahamas. 44. Protlibition of imports. (1) The Minister may by Order on the advice of the Director, prohibit tne importation of allY animal , animal product or animal-related item where such importation wOllld present a serious risk to human health, animal health or the ecosystem and such advice shall be based OD risk analysis (2) TIle Minister shall give wri tten reasons for his decisioll[O prohibit imports under subsection ( I). (3) A person who imports or attempts to import an item prohibited under subsection (I) commits an offence and is liable IIpon summary conviction to II fine not exceeding one hundred thousand do llars. (4) Any consignment impol1cd ill contravention or ihis Part, shall be disposed of as the Di rector determines. 45. Possession or dispossessIon of prohibited imports. A person who possesses or disposes of an animal, animal product or animal related itetn that he knows was imported in contravention of this Act, commits an offence and is liable on summary conviction to a fille not exceeding twenty thousand dollars. • 48. Notification of arrival. (1) Il shall be the duty ofnny persoll intending to impolt any consignmenl lo llotify the Director in writing M (a) tlM': date of arrival of the consignment; (b) designaled port of entry; (c) CQuntry of origin end transit; (d) species name and quantity; (e) means of trans po rlati 0 11; and (t) such other information as may be prescribed. (2) The customs officer shall (a) promptly notify tlte Director of the arrival of all consignments as defined under this Act; Page - 29 48. Obligalions of captains. (I ) The captain or every vessel or aircraft arriving into The Bahamas shall declare in the fonn prescribed any oonsigruntnt (as defined under this Act) being impcrled by that vessel or aircraft. (2) Where all inspector is sntisfied that (a) there has heen a failure 011 the part of the captain of a vessel cr aircraft to comply with the requirement in subsection (1); or (b) there is on board the vessel or aircraft allY consignment that is being imported in contravention of this Act, the itlspcctor mny calise the vessel or aircraft to be detained mttil the Director orders its release. ' (3) The inspector mllst give the captain of the ves,cl or aircraft written notice of the failure or contravention refen'ed to in subsection (2), (4) TIle captain of every illC{)ming vessel or aircraft shall , while in port (a) take alJ necessary steps 10 prevent any animol 011 board the vessel or aircraft from making contact with any animal on shore unless pem\irred by an inspector, and then only as directed by the inspector; (b) sea l all hatches and holds and enclosed cargo areas during thi!l hours of darkness, except us needed for the workjng of the vessel or aircraft or its cargo, (5) The captain shall take all reasonable steps to ensure that- , (a) all garbage generated from a consignment is in a leak-proof container, which is securely famned at: all times and kept within the vessel or aircraft; (b) garbage is not disposed of in the sea, and is only removed from the vessel or aircraft under and ill accordance with the directions of an inspector. (c) nothing is removed from the vessel or aircraft while it is in port, except under and in accordance with the directions of nn inspector. (6) An inspector may lock or seal the stOl'es of ally incoming vessel OJ' aircraft while it js ill port, (7) Au illooming vessel or ai rcraft must comply wi11t lilly sanitary requiremco1s as may be prescribl:d by regulations, (8) Where allY consignment is landed from any vessel or aircraft in contravention of this Act. the caprain of the vessel or aircraft commils an offence and is liable upon summary conviction to 11 fi ne not exceeding lwenty thou£3lld dollars, Pag~-3! 49. Movement restrictions from overseas. Whenever the relevant authority ill any country responsible for animal health establishes a quarantine for a disease in ajurisdiclion, being ajulisdiction which the Director recognizes as one in which the disease is not known to exist and the respective jurisdiction proposes prohibitions or other restrictions on the movement of animals or animal products from the <luarnntine nrea within the jurisdiction, slich cminulls and animnls products shall be prohibited from being itnp011ed into TIle Bahamas. EXPORTS AND TRANSIT REQUIREMENTS 50. Export requirements. (1) Any persall who is de~irous of export ing" consignmcnt from The Bahamas shall (a) make application in the prescribed form; (b) pfly the prescribed fee; (c) make the consignment available for inspection by a veterinary offICer al a designated pori of eXpOIt or such othtlr place as the veterinary officer sha ll stipulate. (2) Thc Director shall issue an international veterinary certificflte for export consignments. (3) Any person who attempts to export or exports any (.:onsignment at a port other than a designated port, comm its an offence and is liable to II fine not exceeding ten thousand dollars. (4) Any person who exports any consignment except in accordance with this Act, commits an offence and shall be liable to a fine not exceeding fifty thousand dollars. 61 . Transit requirements. (1) Any person who is desirous ofhnving a consignment fransit through The Bahamas, shall prior to entry make application ill the prescribedJorm and pay the prescribed fee. (2) The Director may determine that sanitary measures shall not apply to &. consignment in transit provided that the consignment Pngt· 32 (a) has been conta.inerized in a mimner thal does not penn it any risk of the spread or iDtroduction of any vector or notifiable disease; (b) is accompanied by Ihe relevant documents and comply with the sanitary requirements of the country of destinlltion; (c) i:>; acrompaniCl! b}' an inlemuional verenn: .. ), cer:ificate i.'iSucd by the ceun"y of origin 52. Inlemational transportation facility. (l) ru." P"'P"'" oi "', "ct''', '" ",,,,,,,,,,.,,,\ ."" "0.1 ... ,, fu il it)'O> means (a) a jXlrt thai receives any ship sailing :::ttl an intEf)) ltlor.al voyage; (b) an airpcti thai receives any aircraft operating as an i1l1crnationa! flight; (c) a contniner lhtlt tr ~Mponn pe!"00I\S, nnil'nl\.,s, ~l1i!"\\(11 products, anim~!·reJated items orother COinmOO ltes ililernationally: (d) a wa~llOuse or other facility that l ec~ive) an)' lntemali onai air or waltrtraffi~; or (e) lily other place as may bc dC3iglllltcd by the Minister by Order lI.l an in!emalional transportation facility upor: the advi·:e of th~ Dircuol-. (2) T1~ 'w,," " """" of . " ;",,,,&~,,,J Ilru",,,.",, r. dHI, sh'l\ be required by the Minister in writing, wher! nccem.ry, to provi~e and maintain adequate area5, oir!Ces, h boffilories and other facilities, including buildings, accommodation, :quiptUclnt, furnishings nntl fixtures, fur il\Spectioll or for any other pUrpl5e :-elated t o) the a~lIlin istra .ioll of this Ad Of" the regulaticllS. {3} TIle Mini51er (a) may rN}ui:e t jl(rson uncer sub~ccd";1 (2) to c.vry oul !he implove:nenlS that h~ eonsider:s :"JecesslfY to til)' ares. office. Iabo:Qtot)' or inten»tiotJQl (rtln~porto.t ioll f&eilhy; (b) shall r~quirc the poc>~ing of signs for the 3at~ cpcrlltie>n nll<l usc of the area, ()fflce, lanoratoty or internntional tmnsjXlltation facl Ht)'. (4) Where ~n oMier <It operator of an interv.tional transportation faci lit}' fai ls to c~rry en:t the improvement!' under s.lbscctiou OXa), :he Minister may ~\lse the jmprovement~ to be c:m ied C·llt lind th~ oWller 01· operator g:la l1 be liable for all reasonable costs incurred. PART VI - OFFENCES AND PENALTIES 53. Offances and penalties. (I! A. person. commit> an offer.ce who ei1her pel"5Ol\t""llly or in ~ (I~tly throug.':! ~n employee or ilg~nl (a) fai ls to comply with any order or direc{ion lav-fully made or given under this Act; (b) attempts to improperly influence any officer in the exercise of his official funct ions under this Act; (c) poses as all veterinary officer or inspector under this Act; (d) fails to provide access, samples or infonnatiol1 to a lieterinary officer lIpon request, gives fa lse information to a veterinary officer or inspector or otherwise fails to comply with an order properly given under this Act; (e) tampers with any samples taken under this Act or breaks Any seal or aJters any markings made by an inspector without permission; (f) alters, forges, defaces, or destroys any document issued under this Act or knowingly or reck lessly provides infonnntio ll which is false, for the purpose of obtaining any document under this Act; or (g) assaults, resists, threatens, or wilfully obstmcts any officer under th is Act,exereising lawful powers under this Act or the: Regulations, and is liabJe upon summary conviction to a fi ne of fifty thousand dollars, (2) A person who (8) possesses, sells, transports, imports or exports any animal or product knowing it is infccted wilh a notifiable disease or IIl lly transmit a notifiab le disease; or (b) intentionally permits or callSes the introduction or spread of any notifiable disease, .::ommits fill offellce and is liAble upon Slllll ll1ary cOllviction to a fine of one hundred thousand dollars, 54, Offences by inspectors. (1) An inspector or authorized offi cer commits al1 offence if he Page" 34 (a) seizes an animal or animal·related item for any reason other than those prescribed in this Act; (b) discloses any infonnation acquiro1 in the course of exercising his official functions under (his Act, exceJX' where required to do so by his supervisor or by a. COIJrt; (0) accepts any monetary or other benefi t from a person affected by any of his actions under this Act; or (d) otherwise acts outside the scope of his dUlies, and shall be liable on su mmary conviction to a fine 001 exceeding three thousand dollars. (2) Upon conviction for an of'feace under subsection (I), all inspector shaU be liable to dismissal or in the case of an authorized oBker he shall cease to fimction as such and the inspector or Authorized officer may be ineligible foc re~ppointment. 55. General penalty. Any person who contravenes any of the provisions of this Act or any regulations made thereunder commits atl offence and where there is no ~pccific penalty provided, is liable on summary conviction Lo a fine not exceeding five thousand dollars and in the case of a second or subsequent offence, to a finc not exceeding tcn thollsand dollars. 56, Fixed penalties. (1) Notwithstanding anything to thc contrary in this Act or any otber applicable law, where an inspector has rellsono.ble grounds to believe that a person is committing or has cotnllline<l a minor offence as may be prescribed, the inspector may then nnd there serve notice in writing upon the alleged offender cllarging him with the commission ofthe offence. (2) TIle veterinary officer shall allhe time of service of the notice referred to ill subsection (I), inform the alleged offender thot be shall ~ (a) appear before the magislJ'ate on the dote specified; or (b) in accordance with procedures set out in subsectiOfJS (3) nnd (4) of this sectioli, pay the fixed penalty, in liell of appearance before the magistrate. (3) An alleged offender who chooses to IXlY the fixed penalLy referred to in subsection (2)(b) shall (a) within seven days of the date of the notice, sign the notice in acknowledgement of guilt and return it, together with the sum cited therein, to the Magistrate's Court; (b) be treated for all purposes in lnw as a person who has nol committed, been charged with, prosecuted for, ~-::. nYicted of or scntenced for the offence in respect of which paymenL was made. (4) Tile admission of guilt and the fixed penalty paid under this section shall be dealt with by the m!lgistrate in the same manner HS adjudication in court of an offence punishable on snmmary conviction and for which ltO conviction is recorded. 57. Offences by corporate entities and penalties. Where an offence under Ihis ACI or regulations has been committed by a body corporate and is proved to have been commined with the COnsent or connivance of, or to be atlribmable to any neglect or default on the part of, any dircctor, Page - 35 manag"'. secretary or other similar officer of t~e body corporate, or any pelSOn who is purporting 10 act in any such capacity, such director, manager, secretary or olher officer as well as Ille body corporale is guilly of lhal offence and is liable to t.he penalty prescribed by Illis Act for thai offence. 58. General provisions as to prosecutions under this Act (1) Subject to the provisions of Article 78 oflhe Constitution, proceedings for an offence under this Act shall not be instituted except (a) by or with the consent of the Bahamas Agricultural Health and Food Safety Board; or (b) by an inspector or other officer authorised in that behalf by special or general directions ofthe Board. (2) Any stich inspector or other officer mDY, although not a counsel and attorney, prosecute or oonduct before a court of summary jurisdiction any such proceedings QS aforesaid. 59. Forrei'iure, Upon dle conviction of any person for an offence under this Act, the court may, in addition to any other selllence imposed, declare any animal or product in respect of whkh the offence has been committed or which was used in connection thereof, to be forfeited to the Government and disposed of as the Court may direct. 60. Animal owner liability. III add ition to any fines and penalties that may be imposed under this Act, a person may also be held responsible for any damage thot results from the breach of the Act. PART VII- MISCELLANEOUS PROVISIONS 61. Sanitary conditions required, (1) All premises used for tl 'JC accommodation of Illli l11 l1 ls shal l be ma intained ill a cli:an, comfortable and sanitary cond ition. (2) Where premises are not in compliance with subsection (I), the Director shall authorize an inspector to order thElt the premises be cleaned and disillfected in a satisfactory manner. (3) Where a person does nol comply WiUl an order under subsection (2), the inspector shall condemn me said premises as unfit for use; whereupon the Page" 36 said premises shall not be used for the accommodation of animals until such timc as the person safisfactorily carries Ollt the order. 62. Confidentiality. No person crln)'ing out functions under this Act ShilJl disclose nny infonnntion RC{]uired in the perfollnance of his official duties except as di:xied to by the Director or by R court 63. Duty to assist and cooperate. Customs, port, airport, airline, postal, shipping, police and local authoriLies shall assist veterinary officers in the performance of their functions and exercise of their powers under this Act by providing such facilities and assistllnce as the Director may request from time to time. 64. Right of appear. (I) Any person aggrieved by an action Or decision of a.n officer under Ihis Act may within forty-eight hours of the octioll or decision appeal in writing to the Director. ~ (2) An appeal from a decision under subsection ( I) shaJll ie to the Sanilal')' Wld Phytosanitary Appeal Tribunal within forty eight hours of ~Ie decision. (3) An appeal shall lie with in seven days to the Supreme Court on a question of Jaw from R decision of the Appeal Tribunal which otherwise shall be final on a technical issue. 65. Good faith defence. No person shall be liable to sliit or to proseelltion in respect of anything done in good faith in the performance of his official functions under this Act. 66. Presum ptions. In Rny proceedings under this Act, any laboratory tesl purporting to be signed by the Director or Head of an official laboratory or by an official analyst shall be accepted as prima jacie evidence of the facts stated therein provided that (n) the parly. againsl whom the iaboralol,), test is prod\.'.ced, may reqlliTC the attendance the offi cial analyst who p~ r forll1ed the laboratory lest tor the purpcse of cross examination ; (b) no laboratory test shall be admissible in evidence unless lhe patly intending to produce it has before the trial given tho party against whom it is intended to be produced reasonable nOlice of such intention rogcther with R copy of such certif1cate. Page - 37 67. Regulations. (1) The Minister may, on the advice of the Board of the Authori ty alxl in consultation with the Director, make regulations for the purpose of carrying out the provisions of this Act, and without Ilrejudi~e to the generality of the foregoing, shall make regulations prescribing Page · 38 (a) the establishment and implementlltion of animal identification, anima! traceability or animal movement systems; (b) the requirements for the impottation al1d exportation of animals and animal prooucts, including any documentation. procedures and inspections required: (c) the COllditiollS and the procedures for tllC approval, denial, suspension and revocation of ceJ1ifiC/ltCs of registration and permits; (d) the requirements and procedures fOT all licenses and pennits to be issued under this Act and the specifics of any information to be kcpt in records; , (e) the operation of quarantine facil ities or international tmllspOltatioll facilities; (f) the requirements for registration, importation, manufacture, dis tribution and sale of veterinary biological pnlducts, veterinary drugs and animal feed; (g) thtl procedures to be followed by official laboratories in the exercise of their functions under th is Act; (h) the fees payable under this Act; (i) the f0I111S to be used for lhe purposes of this Act, including applicati{ln, registration, permits and receipts for seized articles, as well as the relevant procedures il1 the is!l l1ance e.lld proces~Jng of the same; U) the procedures applicable to the implementation of disinfection measures, official control measures !\lId stamping-out programs; (k) the procedures to be followed for nnimnl housing including the keeping of animals, fced ing including the lise of waste foods for fcoo ing, transport and animal welfnre; (I) the procedures [0 be carded Ollt for meat inspections and for abattoirs; (m) the preservation of the ltaliansl genetic resources, improving local breeds, regulating the trade of breeding animals and breeding materials, the provision of breedi ng services, and controls on breeding activities and breeding businesses; (n) the offences that will be subject to a fixed penalty; (0) for any other matters deemed necessnry for carrying out the purposes ofthis Act. (2) Any Regulations made pursuant to subsection (I) sba!1 be published forthwith ill order to comply with obligations under the SPS Agreement 68. Repeal and conflicts. (I) The laws melltioned in the first column of the Schedule are amended In the extent specified in the second COll1l11n of the Schedule. (2) In the event of any conflict or inconsistency bet\lJeen the provisions of this Act and ony other enactment in force, the provisions of this Act sholl prevail. SCHEDULE (section 68) REPEAL Law Environmental Health Service Act (el>. 232) Public Markets and Siaughterbouse ,o1.ct (Ch 240) Animal Contagious Diseases Act (Cr. 246) Hea lth Rules (Ch l3J) AmeMdmeot In section 17, delete subsection (1) (b) Repeal the entire Act Repeal the enti re Act In mle 69(2), immediately following tJle word "Minister", insert the words "responsible for animal diseases and veterinary services» Page - 39