Livestock Act of Bhutan 2001

~'1]·~-~~:;i~~1~~t"?bo?! THE l:IVESTOCK ,\C,;llQ[~AN, 2001 CONTENTS CHAPTER I PRELIMINARY 1 l Title, ex.tent and commencement \ 2 Objectives 2 3 Definition ofTenns 3 CHAPTER II BREEDING, ARTIFICIAL INSEMINATION AND EMBRYO TRANSFER s 4 Breeding 8 s Artifidal Insemination and Embryo Transfer 9 CHAPTER Ill DESIGNATED FARMS 11 6 Gcnct~c Improvement 11 7 Private Farms u CHAPTf:RlV QUARINTINE, NOTIFIABLE DISEASES AND CONTROLLED DISEASES 13 g Quarantine requirements B 9 Notifiable and controlled diseases 15 CHAPTERV INSPECTION AND CERTIFICATION 17 10 !u.spt:1.:tion 17 11 Certification Agency 19 12 Grant of certificates 19 13 Revocatior1 of certificates 20 14 Recognition of Foreign Livestock Certification Agencies 20 CHAPTER VJ EXPORT OF ANIMALS, GJ,:NETIC MATERJALS AND ANIMAL PRODUCTS 21 15 Export 21 CHAPTER VII FRESH MEAT HYGINE AND INSPECTION 22 16 Inspection 22 17 Mect1ca1 cert1t1cates t:J CHAPTER VIII VETERlNARY DRUGS 23 18 VetPrinary hiologic:11 ancl therar,eutk: substances 23 19 Disposal 24 CHAl'TJ!:K IX ZOONOSES MANAGEMENT 24 20 Zoonotic diseases 24 21 Death from Zoonoses 25 CHAPTERX WELFARE 01' ANIMALS 26 22 Welfare standards 26 23 Welfare insoection 27 CHAPTER XI ENFORCEMENT AND PENALTIES 28 24 Inspectors 28 25 Puwcrs ofluspci.;turn 28 26 Power to compound the offence 30 27 Obstruction of justice 31 28 Liability of Inspectors 31 29 Subsequent offences 32 30 Confiscation 33 31 Cancellations or suspension of pennits 33 32 Duty to report ofrem..:e~ 34 33 Dues to Government 34 34 Exclusion of liability 34 35 Appeal 35 CHAPTER XII MISCELLANEOUS 35 36 General powers of the Royal Go.vemment 35 THE LIVESTOCK ACT OF BHUTAN, 2001 Preamble An Act to regulate livestock breeding, health and production aimed at enhancing their productivity and preventing diseases so as to enhance rural income and livelihood. CHAPTERI PRELI1\.1INARY l TiUe, extent and commencement 1.1 Tijs Act shall be called "The Livestock Act of Bhutan, 2001". ·l,2 .This Act shall supercede the Livestock Act of 1981. 1.3 It shall come into force on the 5m day of the 6m month of the Iron Female Snake Year, coinciding With 25th day of July 2001. L4 TIJ.i.s Act• shall extend to the whole of the Kingdom of Bhutan. 2 Objective.'\: The main objectives of this Act are: 2.1 To ensure \hat only l'.\Ualtty and appropriate breeds of livestock, poultry and fish are introduced; 2.2 To ensure the units used for .'IPmen :mrl emhryo production and storage are free from diseases; 2.3 To ensure that the introduction and spread of diseases, particularly the notitiable and zoonotic diseases are prevented. 2.1 To t.1t1Sure that the prescrihPd prnN•.rlnres and stnrtdards for export and import of animals, animal prod1.1Cts, feed, drugs, animal welfare, disposal of dead carcasses are met. 2,5 To ensure that the satety Standards are followed throughout the process of processing meat, fish, eggs, and dairy products for consumption; 2.6 To enable privatization of production, import and export, process, and sale of animals, animal products, feeds, drugs, and other inputs necessruy for enhancing livestock products. 3 Definitions In this Act, unless the cotttext otherwiSt, requires·. 3.1 "Animar means all n.uninants and monogastric animals except man; any kind of mammals except man; any kind of four-footed beast which is not a mammal; fish, reptiles, crustaceans or other cold-blooded creatures of any species. 3.2 • 11Animal product" means any substance derived from or produced by an animal. 3.3 "Artificial insemination or Af' means unnatural deposition of semen into the uterus. 3.4 "Cattle" means bulls, cows, steers, heifers and calves, and includes buffalo and yak:, of ony age or r,e:x, 3.5 "Carcass" means a part of or the whole body of an animal or bird which has died or been slaughtered. 3 .6 "Container" means a crate, box or other rigid container used for the carriage of animals or animal products which i.s not ~t;:Jf~propcllcd and which does not form part of~ vehicle or aircraft. 3, 7 "Dairv1' means a place for the production, processing, distribution or selling of milk and its by~products. 3.8 "Disinfectant" means a chemical substance approved by the Ministry for gcnCrnl use or for certain dise1U;:es. 3.9 "Exotic disease" means a disease not previot1sly recorded in the Kingdom of Bhutan. 3.10 "Feed" means any substance with a nutritive value used as a food for animals or poultry. 3.11 "Fish" means an aquatic, cold-blooded creature, having multiple uses mainly for food, which includes reptile.11 and crustaceans. 3.12 "Horse" includes ass and mule. 3 .13 "lnfectdf: p lade" means a site declared by an authorized official ofthe Ministry as contaminated. 3.14 "Inspector" means a person authorized by the Ministry of Agriculture for the purposes of this Act. 3.15 t•Livestock11 -means cattle, sheep, goats, pigs, poultry, fish and horses kept for use or profit. 3.16 "Migration" means seasonal movement of livestock from vuc pla1.,c to auuthcr. 3.17 "Ministry" means Ministry of Agriculture or any other Ministry responsible for this Act. 3.18 "Occupier" means owner, manager or person for the time being in charge of the premises. 3.19 "Offal" means fresh meat other than that of the c,.,.e,..s whether or not naturally connected to the carcass. 3.20 "Oflicia!''.:means a person authorized by the Ministry for this Acf or> any' person specially empowered by the Royal Government ~fBhutan under this Act. 3,21 "Poultry" means domestic fowls, turkey, geese, ducks, guinea fowls, pheasants and partridges, 3.22 "Premises'' means land with or without buildings. 3.23 "Quarantine Station° means a site or premises approved and licensed by the Ministry for the isolation and examination of nnimu.ll) or <mi..mal produoto intended for import or ,;tKport. 3.24 "Slaughter Houseu means an authorized place for the slaughter of animals or poultry for food. 3.25 "Vehicle" means in relation to the caniage of animals or animal products on land, a vehicle including a trailer of any description and the detachable body of a vehicle, which is constnicted or.adapted for use on land. 3.26 "Waste food" means food containing meat or any part of a carcass of any livestock Ol' poultry or any pfoduct deriVed there from or hatchery waste, eggs or eggshells. 3.27 "Wholesome" means safe, hygienic and nutritious meat for human consumption; 3.28 "Zoonoses0 means any disease transmissible between animal and man and vice~versa. CHAPTER II BREEDING, ARTTFICTA T. TNSF.MINATION AND EMBRYO TRANSFER 4 Breeding 4.1 Livestock imported for research shall require prior approval of the authority recognized or appointed by the Ministry. The importing individual m agency sha\l fo1\ow the procedures of import as prescribed. 4.2 Unethical, socially and culturally sensitive research areas will be not1t1ed by the Ministry, ror researchers lo avoh.1, 4.3 Breeding stock supplied to farmers must onlv be used for breeding purposes. · 4.4 The District Animal Husbm1dry Officer or the official authorized by the Ministry a.ntl lhe Oup will have th~ authority to enter any premise to inspect and identify such breeding stock. 4.5 Any person, farmers in particulat\ must immediately report any disease outbreak to the nearest local office of the Ministry. S Artificial Insemination and Embryo Transfer 5.1 Units for housing: bulls~ rams. boars or stanions used for artificial insemination purpos(,s, or female animals used for embryo collection shall be designed, constructed and operated to the standards specified for designated farms. 5 ? L:'.!bor.!'ltories in th~,s;e units shall maintain stsndards as prescribed by the Ministry. The Ministry shall approve establishment of all such units. 5,3 A bull, ram, boar or stallion shall be used for artificial insemination only if it is held on licensed premises, unless the semen is used in the same herd in the same unit. 5.4 All livestock used for artificial insemination or embryo transfer purposes must be certified for genetic merit and shall be subjected to a disease.screening test as specified by the Ministry, 5.S All semen and embryo consignments entering Bhutan should have valid irnport license issued by the Ministry. 5.6 An Inspector may inspect artificial insemination units and laboratories used for semen processing and ·embryo storage at any time and ,impose such conditions necessary to prevent the spread of disease. S.7 The: !lemen .tnd embryos shall be confiscnted and disposed off without compensation if this Act is contravened. CHAPTER III DESIGNATED FARMS 6 Genetic improvement 6.1 The Ministry may establish its own farms for the genetic improvement and conservation of livestock, poultry and fish. 6.2 The authorized officials of the Ministry shall specify location, design, standards of construction and operation of designated frums to accommodate selected breeds of livestock and poultry. 6.3 The Ministry may apply any other measures to prevent the entry· of,. a disease into the designated farm ot dissemination of diseases from a designated farm. 7 Private farms 7.1 The designated farms may be privatized or establish such farms to accommodate selected breeds of livestock, poultry and fish. 7.2 The Ministry may help private farms in breeding as prescribed under the rules drafted hereunder. 7.3 If a fann contravenes this Act, the license shall be suspended for the appeal period and will be seized or reissued depending on the outcomtJ. urthc app,;aL CHAPTERlV QUARANTINE, NOTIFIABLE DISEASES AND CONTROLLED DISEASES 8 Quarantlne requirements 8,1 These measures may apply to the whole of the country or to a particular district or part thereof. 8,2 All animals including animal semen, embryos, fertilized fish eggs, fish larvae, honey bees, animal feed stuff, veterinary biologicals, and therapeutic substanc~s cx1:t:pt animal products listed in the schedule to the regulation shall be imported only- with valid import pennits issued by the Mini(l.try. The Qnly exception to this requirement wi ll b-6 for Frontier Zones in respect of live animals for immediate slaughter, meat, milk and dairy products moved into these zones. A certificate that thi~ area of origin is free from notifiable: diseases must aci.:ompw,y U1e.st:: impo11s. 8.3 The Ministry shall establish, designate and approve quarantine facilities as necessary, prescfrbe the standards applicable to these quarantine premises and the rules under which they will operate. 8.4 The Ministry may designate a Frontier Zone and impose such movement restrictions into, within and out of the Frontier Zone as are necessary to prevent the introduction and spread of disease. 8.5 The import of canned meat and other animal products shall follow the presc.ribed procedure. :md s.tandRrds to avoid import of diseases. 8.6 In all cases where animals or commodities have been imported illegally or moved illegally from a Frontier Zone, the animal or the consignment shall be cOnfiscated a:hd d,isposed off as decided by the Ministry without the payment of compensation. The means of illegal transport may be detained as pet the. rt.tle!-: dTaflerl hereunder. 8. 7 The Ministry may revoke or change an import license at any time, 8.8 The designated official with proper unifonn and identification shall im:pect and enforce quarantine regulations at any place and time as prescribed. 8.9 The Ministry may apply any other measures it so decides to prevent the entry of diseases into the country. 9 Notifiable and controlled diseases 9.1 The Ministry shall designate those diseases, which are subject to official control measures. 9,2 When a notifiable disease is suspected and contlrmed, action shall pe taken as prescribed by the Ministry or its designated authonty. 9.3- Th~ Mini;;ti.t 6hnlt bnY'v th~ nuthvdty to 'vOmpulisorily destroy animals, animal products or feed that it considers to be risky and pay compensation as prescribed by the Ministry. 9.4 The Ministiy may ban shows and sales of livestock, poultry, fish and their products as measures for prevention and cunl[IJl ufUi::;ea.::;es. 9.5 The Ministry shall restrict or identify migratory routes for those herds if they require isolation and vaccination. 9.6 Any person wllo suspects the presence ofa notifiable disease must immedia~ely report to the nearest local office of the Mini::.try. 9.7 The Ministry $hall specify the actions to be taken when a notifiable disease is suspected and confinned and impose necessary contt:o1 measure's. 9.8 Dbeasc conhd measures shall be carried out according to procedures laid down by the Ministry. 9.9 The requirements for the treatment of waste food, which is fed to animals, may be specified by the Ministry to prevent lhe spread of disease, 9.10 The notificaliuu uf aullual disc..u;~ outbreaks in Bhutan shall be made as required by the Ministry. 9. 11 Fees shall be administered as per the rules drafted hereunder, CHAPTERV JNSPECTION AND CERTIFICATION 10 Inspection \0.1 AU establishments related to production, storage, and marketing of l\vestock and livestock products, veterinary drugs as well as feed shall be inspected; documents and records examined and samples taken for examiria.tion at any tim(;': by Ou: l.nsPector. 10.2 Food of animal ongm, dairy pmrhu~t!'l ancl animal feed irrespective o'f their origin should meet the prescribed standards for quality, nutritional value and safety. 10.3 Sub-standard products and teed or the constituents thereof shall be disposed off as prescribed by the Ministry 10.4 The Ministry i;l'l.ay suspend the operation inn premise if the prescribed rules or this Act is contravened. I 0.5 The Ministry ,may approve only an authorised agency to import or manufacture, and distribute the vetennary biological andi therapeutic substances. 10.6 Disposal of outdat~d veterinary biologicals and therapeutic substances will be done following standard methods and guidelines as,prescrilied by the Ministry. 11 Certification Agency I 1,1 The Ministry;shall, by notification, establish a certification agency for livestock and its protlu<;;ts. to (;.\ITT)' cu\ the functions empowered by this Act. 12 Grant of cer~ficates 12.1 A person selli,ng, keeping for sale, exchanging or supplymg livestock and; its products may apply to the Certification Agency M preporibed for the gr:lnt of u. ctm.\fic-atc. 13 Revocation of:certificates 13. 1 A certificate i$ revoked if the Certification Agency has enough justification to believe that: (i) The cetttificate granted was based on the false information submittt::d; and (ii) The cortificate holder has failed to comply with the conditi(?ns under which the certificate was granted. 14 Recognition oMoreign Livestock Certification Agencies 14.1 The Ministry may, by notification, recognize a livestock certification ag¢ncy established in a foreign country for. the pmpn.-.:e of this Act. CUAPTERYI EXPORT OF Al'(IMALS, GENETIC MATERIALS AND ANIMAL PRODUCTS 15 Export l S. l All animals at\d genetic materials except breeding stock, st:men aud tai1lnyu originating from indig~nous specit;.s, unless otherwise prescribed, may be pennitted for export. 15.2 The Ministry shall examine and test all export consignments and shaU levy fees for the service rendered. 153 The Ministry shall examine a certification required by an importing agency or country an<l th~ Uedsi.on will do:;;pcnd on the outcome of the examinations. 16 16.1 16.2 16.3 16.4 16.5 CHAPTER VU FRESH M(cAT HYGIENE AND INSPECTION Inspection The Ministry shall establish appropriate standards for the slaughter of livestock and poultry birds for their inspection before and after slaughter. The Ministry, shall categorize slaughtering facilities and license only tfiose that meet the required standards. All livestock, should be examined by an Inspector or a representative~ trained in ineat hygiene and meat ill~pcction, both before and after slaughter. The Ministry will specify the identification and type of animals to be ,itaughtered at the slaughter premises. The Ministry s~all prohibit slaughter of animals and sale of meat on the a4S~cious days of 8 1 \ 15 1h and 30 1h ; on the 4th <lay vf tho :6 month; on the descending d.ay of Lord Buddha and dJring the whole of l" and 4'" months of the Bhutanese calendar. 17 Medical cert!llcates I 7.1 All employees of slaughterhouses or retail outlets shall require mcdic;al certificates to handle frc3h meat, fish or blood as presctibed by the Ministry. CHAPTER VU! \IETERINARY DRUGS 18 Veterinary biological and therapeutic substances 18.1 The Ministry tnay reg;ister and issue licenses to control importation, production ru:,d distribution of veterinary biological and thera-peuti.c substances. 18.2 The Minisrry $hall establish the optimum standards for veterinary biological and therapeutic substances. 18.3 Veterinarybiolo~ical and therapeutic substances may require testing for safety, efficacy and potency. 18.4 Products intedded for diagnosis or prevention or treatment of animals shall be handled by stores or dispensaries licensed by the Ministry or its authorized officials" 19 Disposal 19 l Tht>. Pl:'-~tki<ll"(,:.' At"t C\f 'Rhntan 2000 :rnd any other related legislation aftl1e country will govern the disposal ofobsolete veterinary biol6gical and therapeutic substances. CHAPTJ,:RIX zool',OSES MANAGEMENT 20.1 Any person ha~ing suspicion that an animal or carcass is infected with ra~ies or other zoonotic diseases must report to the Ministry or its local offices. 20.2 The pets niust be registered, identified, and vaccinated against rabies or other diseases following the rules prescribed b~ the Ministry. 2'0.3 An animal, which poses a proven threat to human health, may be destrqyed following the procedures laid down by the Miniotry. 20.4 The Ministry may vaccinate breeding livestock against rabies and othi;::r zoonotic diseases. 20.5 In the event .. tl\at an infected animal hss bitten or otherwise caused injury to a hurnan being, the nearest health authority .:should be in:fo1trned 21 Death from Z<\onoses 21.1 Any carcass or\parts thereof or animal product not certified as fit for huµ,an consumption shall be disposed as prescribed. The. responsibility for disposal of dead animals 1,;;;::,l~ with the l'1unioipa.l and D,;zong.ldrng l'!Bthnrities. The concerned, Inspictor shall be responsible to co~ordinate this task. 21.2 The death of all registered breeding animals shall be reported to the nearest'locaI office ofthe Ministry. 21.3 fo case of mortality of people, the nearest authority should be informed. CHAPTERX WELFARE OF ANIMALS 22 Welfare stand.trds 22, l The Ministry sJ:,.all prescribe a set of minimum standards for animal welfare. 22.2 Livestock ·shall \be kept, ·cared for and transported with due attention paid td. their heahh and welfare. 22.3 Livestock sh.all not be subjected to any unnecessary suffering or injul:y. 22.4 All livestoc~ and poultry mus\ be provided with adequate feed and water and shelter. 23 Welfare inspection 23. l All livestock and poultry must be inspected regularly and treated appropriately if suffering from diseases or ill heHhh. 23.2 An Inspector may stop and detain any vehicle or enter any premises to ll)Spect and examine livestock to ensure that welfare provis{ons are met. 23.3 l'ailure ,to con\ply with the minimwn standards of animal cu.re :d:i,.all b-v 1i~b1e for punishment in accordanc('! to the rules prepared under!this Act. CHAPTER XI ENFORCEMENT AND PENAL TIES 24 Inspectors 24.1 An Inspector shall be a public servant and shall be officially subordinate lo such authority as the Ministry may notify. 25 Powers of Iuspectors An Inspector may: 25.l Jequire a person to: (i). an%wer any question and provide ai.w infonnation reiating to this Act; (ii) produce for inspection any lkense, permit or other docwnents required to be Kept under this Act; (iii) produce for inspection any animal, poultry, fish, animal product, poultry product, food or feedstuff in his possession or under his control. (iv) permit entry by the Inspector to any location where animals are kept. 2J.2 search and seize any vehicle, tools, weapons, ammal or poultry, which the official believes is used to commit an offence under this Act, and shaU give a receipt for anything 1Cgi2ad; 25.3 enter and search any premise, without a search warrant, only if he believes that the evidence of an offence committed would be destroyed in the process of' obtammg a warrant; 25'.4 stop, search and detain any person whom he suspects of committing an offence under this Ar-.t 25.5 having detained a person or seized illegal goods shall notify the Head of the concemea agencies and alternatively report the case to the nearest police stat10n, 26 Power to compound the offence 26.1 An Inspector may fine a person who rnmmits an offence under this Act, as prescribell, in addition to eiU1er: (i) confiscation of anything illegally taken or the proceeds theteof. or (ii) payment of compensation for anylhing illegally taken, damaged or destroyed. (iii) On payment of such money, the offender, if in custody, shall be discharged and given a receipt, and \he seized property, if any, may he confiscated. 27 Obstruction of justice 27.1 Any person who resfa.1~, assaults, obstructs or falsely accuses an Inspector of wrongdoing; knowingly makes a false ot incorrect statement f:G an Insper:tor~ or rAfiNt>.S tn giv~ the Inspector any information or produce for inspectio:n any animal, poultry, fish, animal product, poultry product, food, feed, veterinary product or other thing for which any permit or license is required under 1his Act, is pumsh.abl.e as prescribed, 28 Liability of ln:1pedurs 28, J An Inspector whon exercising any power under this Act shall. if oot in uniform, declare his office and shall, on demand, produce identification card as prescnbed. 28.2 It shall not be an offence for a person to refuse the Inspector who fails to declare his office and refuses to produce his identification. 28.3 Au fo:,!Jr;:;1.,tvl :;lldll nut be liable for anything doi1c by him in good faith for the purpose of enforcing this Act or otherwise acting in the course of duty. 28.4 An Inspector who wrongfully and without good cause seizes any property or detains any person is punishable m accordance with the Royal Civil Service Rules. 29 Subsequent offences 29.1 Anyone who commits an offence under this Act is liable for fines or punishable with imprisonment through a court process, which may extend from six months to one year. The penalty for repeated offences will be proportionately increase<l as pt:1 l11t: 1 ult:s J1 afl.cd hereunder. 30 Confiscation 30. J If a person is convicted. through a court process, of an offence under this Act or any rule hereunder, the subject of the offeric:e or proc.Pedr;: from the snlf', nlong with any vehicle, tools, or weapon that were used to commit the offonce shall be confiscated. 31 Cancellations or suspension of permits JI.I A license holder if charged with an offence under this Act, the license will be suspel.'lde<l for tht- appeal, period. The final d'!cision. on the appeal shall result into either cancellation or dropping the suspension. 32 Duty to report offences 32.1 A person must immediately inform the nearest local office of the Ministry, of any information on the offences committed under this Act. 33 Dues to Government 33.1 Payments due to the Government under this Act, if not paid on time or if not covered by the proceeds of sale of anything confiscated, will be recovered through the court. 34 Exclusion of liability 34.1 The Government will not be liable for destroying, damage done and delays incurred during quarantine of any material brought into Bhutan in violation of this Act, or the ru\es issued ,ber eunder. All expenses incurred pertaining to the abo;e actions shall be borne by the offondcr, 35 Appeal 35.1 A person aggrieved of any decision taken under this Act may appeal to the Minister or the designated authority, within ten working du.ys from the di.y the decision is communicated. The decision made on the appeal will be final CHAPTER XII MISCELLANEOUS 36 Genera\ powers of the Royal Government 36.1 The Ministry may make or amend rules consistent with this Act for effective implementation of this Act. 36.2 The Ministry will designate an agency, appoint Inspectors or authorize officials to exercise any of the powers conferred on them. 36.3 The MinisttY shall enforce the requirements and conditions in any certificate, permits and licenses referred to in this Act and in the regulations, 36.4 The Ministry shall rnllel:l the foes arn.1 fines t.lui:: tu tl1e Ruyal Government under the provisions of this Act. 3.6.5 The Ministry sha\1 identify quarantine stations to check flow of diseases into the country and iJlstitutions for conducting laboratory tests to ensure :standards are maintained. 36.6 The Ministry shall prescribe rules for export of animals and ,genetic materials except for breeding stoc,k, semen and embryo oriuinating from indigenous species. 36. 7 The authorized offtcials of the Ministry Shall examine all ex.putt i.;u11~ign..mc11l.s and levy fees fot the se1 vice. 36.8 The Ministry shall examine requests for certification by importing a.gencies and may issue certificates if the standards and procedures prescribed are not,contravened.