Animal Welfare Act No. 18 of 2018

THE OFFICIAL GAZETTE 7TH SEPTEMBER, 2018 LEGAL SUPPLEMENT — A GUYANA ACT NO. 18 OF 2018 ANIMAL WELFARE ACT 2018 ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title and commencement. 2. Interpretation. 3. Administration of Act. I assent. David Granger, President . .;;).01 ~ - 07-o, 334 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 2 PART II PROTECTION OF ANIMALS 4. Prohibited acts and protection of animals. 5. Protection of animals while kept or raised. 6. Obligation to render assistance. 7. Protection of animals during health care provision and zoo technical interventions. 8. Interventions on animals. 9. Protection of animals at the time of humane killing. 10. Humane killing without delay. 11. Protection of animals during transport. 12. Humane transportation of animals. 13. Protection of wild animals. PART III PROTECTION AT THE TIME OF SLAUGHTER OR HUMANE KILLING 14. Stunning of animals. 15. The handling of animals in slaughterhouses. 16. Slaughtering and humane killing. PART IV ANIMAL WELFARE COMMISSION 17. Establishment and composition of Commission. 18. Functions of the Commission. THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 335 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 3 PARTV THE KEEPING OF ANIMALS USED FOR PRODUCTION PURPOSES 19. Principles for the keeping of animals. 20. Care of ill or injured animals. 21. Movement of animals. 22. Feeding and watering. 23. Construction and equipment of animal houses. 24. Animals not kept in buildings. 25. Inspection of animals and equipment. 26. Records. PART VI TREATMENT OF NON-AMBULATORY ANIMALS 27. Animals on farm or feedlot. 28. Animals at market feedlot. 29. Animals are slaughterhouses or abbattoirs PART VII PROTECTION OF COMPANION ANIMALS 30. Protection of companion animals. 31. Breeders of companion animals. 32. Temporary housing of companion animals. 33. Protection of animals in zoological gardens. 34. Protection of animals used in circuses and performances. 35. Protection of animals used in film and television productions, exhibitions and competitions. 336 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 4 PARTVIIl ANIMAL SHELTERS 36. Protection of abandoned and lost animals. 37. The establishment of an animal shelter. 38. Duties and obligations of animal shelter. 39. Promoting animal protection and supervision. 40. Protection of animals in pet shops. 41 . Penalties. 42. Power to make regulations. 43. Act not in derogation. PART IX PENALTIES PARTX MISCELLANEOUS THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 337 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 5 A.Q.1Ql8 Short t itle and commencement. Interpretation. AN ACT to deal with the welfare of animals; to provide for their protection and health; and connected matters. Enacted by the Parliament of Guyana: PART I PRELIMINARY 1. (1) This Act may be cited as the Animal Welfare Act 2018. (2) This Act shall come into force on a date to be appointed by the Minister by order. 2. In this Act, unless the context otherwise requires "abandoned animal" means any animal whose owner has intentionally abandoned it; "alien animal species" means animal species which do not occur naturally within the territory of Guyana; "anaesthesia" means a procedure performed to eliminate the sensation of pain in animals using special purpose means; "analgesia" means a procedure performed to reduce or eliminate the sensation of pain in animals using special purpose means without causing loss of consciousness; "animal" means all vertebrates excluding their embryonic and foetal stages and human beings; "animal shelter" means a facility used to house and provide necessary care for abandoned and lost animals; Cap. 71 :10. "Authority" means the Guyana Livestock Development Authority established under the Guyana Livestock Development Authority Act; "circus and performances involving animals" means 338 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 6 performances involving animals, which are organised by legal and natural persons with the aim of entertaining the audience; "companion animal" means any animal kept by man for companionship, protection, assistance or interest; "competent authority" means the Head of the Animal Health Unit within the Guyana Livestock Development Authority and persons acting on his instructions and with his authority; "domestic animal" means an animal tamed by man and used for the production of food, feed and animal by-products and for other economic purposes ; "experiments" means one or more procedures performed on an animal for experimental purposes which may cause it pain, suffering or injury; "humane killing" means a procedure performed by using tools and methods approved for such purpose and in a manner which causes the animals a minimum of pain, suffering and fear; "intervention" means any procedure resulting in damage to or the loss of a sensitive part of the body or the alteration of bone structure of an animal; "lost animal" means an animal that has strayed from its owner, without the consent of the owner, who is searching for it ; "Minister" means the Minister with responsibility for Agriculture; "owner" means any natural or legal person who is the owner, user or custodian of an animal and who is, as such, responsible for the health and welfare of the animal on a permanent or temporary basis; "service animal" includes bodyguard dogs, property guard dogs, THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 339 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 7 Administration of Act. Prohibited acts and protection of guide dogs for the blind, assistance dogs, search dogs and dogs used for performing other tasks, horses and other animals used by man for purposes other than production; "slaughter" means causing the death of an animal by bleeding; "slaughter according to religious rite" means the slaughter of animals without stunning, carried out by a person authorised by a religious community; "stunning" means an obligatory procedure to be carried out prior to slaughter or humane killing whereby an animal is put into a state of reduced consciousness; "transporter" refers to a natural or legal person transporting live animals; "working horse" means a horse used to perform certain tasks; "working dog" means a dog used to perform certain tasks; "wild animals" refers to any animal other than domestic animals, companion animals, working dogs and working horses and service animals; "zoological garden" means a business engaged in by natural and legal persons who keep domestic and wild animals for exhibition to the public for at least seven days a year, with the exception of circuses, pet shops, temporary exhibitions of animals, collections of animals not open to the public, aquariums and terrariums used for decoration in premises and establishments where animals are raised. 3. The Authority shall be responsible for the administration of the provisions of this Act. PARTII PROTECTION OF ANIMALS 4. (l) No person shall subject any animal to unnecessary pain or 340 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 8 animals. intentionally expose an animal to a condition that causes or is likely to cause pain, suffering, fear or injury. (2) No person shall (a) raise an animal in a way that causes or is likely to cause pain, suffering, fear or injury; (b) import or sell animals raised in the way prohibited by paragraph (a); (c) through selection or other methods increase aggressiveness of an animal; (d) incite or train animals to be aggressive against humans or other animals, except in the case of the training of working and hunting dogs under the supervision of qualified persons; ( e) train animals to fight or in any way associate with animal fights, including organising, attending, betting and advertising; (f) give an animal as a prize in any game of chance; (g) use technical devices, aids and tools aimed at controlling behaviour of animals by punishment, including prong collars or training devices involving the use of electric current or chemical substances; (h) organise any dog race on hard surfaces; (i) give to an animal any stimulant or illegal substance in order to improve their performance m sports, competitions and shows; (j) give to an animal any unauthorised stimulant or substance in order to enhance its growth and weight gain; (k) use any animal in a circus, other shows, film, television production, advertisement, exhibition or competition in THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 341 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 9 which the animal is forced to behave unnaturally, or is subject to pain, suffering, fear or injury; (I) force an animal into a behaviour that causes or is likely to cause pain, suffering, fear or injury; (m) expose an animal to adverse temperatures and weather conditions and hygiene standards unacceptable for individual animal species, or to lack of oxygen, thus causing them pain, suffering, fear or injury; (n) give any animal food or substance the ingestion of which will cause pain, suffering, fear, injury or death; ( o) force an animal to take artificial or unnatural food or substances, except where scientifically justified or instructed by a veterinarian for animal health reasons; (p) neglect an animal in terms of its health, housing, nutrition and care; (q) cut off sensitive parts of the body of a live animal; (r) use traps other than those specified; (s) feed live animals to other animals unless unavoidable; (t) use live animals as hunting bait; (u) restrict the movement of an animal in any way that causes it pain, suffering, fear or injury. (3) Notwithstanding anything to the contrary provided in subsections (1) and (2), any person may carry out any necessary procedure or do anything necessary (a) for the health and protection of an animal, the control of pests and the control of human and animal diseases; (b) to control the movement of an animal raised for production purposes through the use of electric shocks and the setting up of electric fences . 342 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 10 Protection of animals while kept or raised. Obligation to render assistance. (4) A person who contravenes any provision of this section commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars and to imprisonment for six months. 5. An owner who (a) abandons an animal, whether domestic, companion, wild or otherwise, kept under his control; (b) exposes a raised or cultivated wild animal to the wild or settle it in the wild, unless prepared for survival in such environment, in accordance with a special programme; or (c) inflicts pain, suffering or injury upon an animal during training, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for three months. 6. (1) Any person who injures an animal shall render all necessary assistance to the animal or arrange for assistance to be provided. (2) Any person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for three months. Protection of animals 7. (1) A person shall conduct all surgical or technical interventions on during health care provision and zoo animals, using anaesthesia, in compliance with the current standards of the technica l interventions. Interventions on animals. veterinary practice. (2) A person who fails to comply with subsection (1) commits an offence. 8. (1) Except as otherwise provided in this section the partial or total amputation of a sensitive part of the body of an animal shall be prohibited, THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 343 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 11 No. 7 of 2011. including (a) the marking of an animal contrary to the Animal Health Act; (b) ear cropping and tail docking in dogs, declawing of cats, devocalisation and other interventions aimed at changing the phenotypic appearance of the animal. (2) Notwithstanding anything to the contrary provided in this Act the partial or total amputation or removal of a sensitive part of the body of an animal shall be permitted (a) where performed with prior anaesthesia and post operative analgesia and where it is necessary for animal health and safety, experiments on animals, zoo technical purposes and controlling the reproduction of animals and to prevent pain, suffering, self-injury or injury to other animals; (b) in the case of a hunting dog, where it is done m compliance with specified kennel standards. (3) A person shall not use anaesthesia (a) when the risks posed by anaesthesia would be disproportionate to its benefits; (b) during the marking of animals, unless necessary for the safety of the person carrying out the marking; ( c) in certain diagnostic and therapeutic procedures in accordance with accepted standard of veterinary practice; ( d) when the pain caused by anaesthesia is greater than that caused by the intervention itself; (e) when it is incompatible with the results hoped to be achieved by the experiment. 344 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 12 Protection of animals at the time of humane killing. 9. (1) A person may humanely kill an animal when (a) medical treatment of the animal is likely to be long lasting, cause suffering and the outcome of the treatment is uncertain; (b) the animal has reached an advanced age and its vital functions are failing; ( c) the animal is suffering from an incurable disease; (d) it is necessary for the implementation of disease control measures generally and in particular for diseases that threatens humans and is likely to cause great economic damage; (e) the animal constitutes a danger to the community; (f) it is done for the purpose of pest control; (g) it is necessary for the purpose of performing an experiment on the animal or producing biological preparations or after the completion of the experiment or after using the animal for the production of biological preparations; (h) the animal kept or bred for production purposes is sick or injured, and slaughter or humane killing under the veterinarian' s supervision is not possible. (i) the animal is injured and unlikely to recover or to recover without suffering unduly. (2) The owner of an animal, after consultation with a veterinarian, may decide to humanely kill the animal in keeping with subsection (1) (a) and (b) except in the case of subsection (1) (h) where the owner may humanely kill in his sole discretion. (3) A veterinarian in his sole discretion may humanely kill an animal in the cases referred to in subsection (1) (c) to (g). THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 345 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 13 Humane killing without delay. Protection of animals during transport. ( 4) The humane killing of an animal, generally, shall be carried out by a veterinarian or qualified veterinary technician under the supervision of a veterinarian, except where otherwise provided for and in the following cases (a) the humane killing of animals bred or kept for production purposes; (b) the humane killing of animals for the purposes of teaching, conducting experiments or producing biological preparations; (c) pest control; (d) when it is necessary to humanely kill an animal without delay because it suffers severe and incurable pain. I 0. (I) The owner of an animal that suffers from severe and incurable pain shall, without delay, have the animal humanely killed. (2) An owner of an animal who fails to comply with subsection (1) commits an offence. 11. (1) No person shall transport any animal without the permission of the competent authority and without a certificate of approval of means of transport issued by the competent authority. (2) A transporter shall personally or through a designated agent be responsible for the safety, feeding, watering and resting of the animals during transport. (3) A transporter when transporting animals shall comply with the following conditions (a) steps must be taken in advance to minimise the length of the journey and of any delay, and to meet the animals' needs during the journey; (b) the animals must be fit for the journey; 346 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 14 (c) the means of transport must be designed, constructed, maintained and operated so as to avoid injury and suffering and to ensure the safety of the animals; (d) the loading and unloading facilities and equipment must be designed, constructed, maintained and operated so as to avoid pain, suffering and injury and ensure the safety of the animals; ( e) the conditions of the means of transport of animals must be regularly checked and maintained; (f) sufficient floor area and height must be provided for the animals, appropriate to their species and age and the length of the journey; (g) water and feed must be offered to the animals at suitable intervals and must be appropriate in quality and quantity to the species, size and age of the animals; (h) during the journey, the animals must be rested at appropriate intervals; (i) in the case of aquatic animals transported in special means of transport or containers, a sufficient quantity of water of appropriate temperature and an adequate oxygen supply must be provided during transport, depending on the needs of the particular animal species; (j) late-pregnant females during a period equal to ten percent of the length of gestation before giving birth, and females during one week after giving birth shall not be considered fit for transport, except when emergency veterinary treatment is needed; (k) when the upright position of a container in which animals THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 347 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 15 Humane transportation of animals. Protection of wild animals. are transported is not readily visible from outside, the said position must be indicated by a sign; (l) where it is not apparent from the nature of a container that live animals are carried in it, the container must be clearly marked to indicate that it contains live animals as well as the species of those animals. (4) All persons handling animals at an assembly centre or resting points shall be trained in the care of animals. (5) The competent authority shall keep a register of transporters of animals. (6) Notwithstanding anything in this section to the contrary, a farmer may using his own vehicle transport his own animal for not more than fifty kilometres from any holding. (7) The competent authority shall keep a register of resting points for animals transported. (8) A person who fails to comply with subsections (1), (3) or (4) commits an offence. 12. A person shall not transport animals in a way that causes the animals' pain, suffering, injury or death. 13 . (1) A person commits an offence, if the person (a) tortures a wild animal; (b) restrains a wild animal from satisfying its physiological needs; (c) prevents a wild animal from accessing water or any part of the habitat essential for the survival of a species; (d) fences any area, contaminates any water, chases away any wild animal thereby preventing it from accessing water and excluding it from its natural habitat; 348 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 16 ( e) destroys an entire habitat or portions thereof, essential to the survival of a species; (f) introduces into the habitat of a wild animal any dangerous alien animal species likely to destroy the animal in the wild; (g) captures or kills live animals in the wild in a way that may cause them lengthy suffering, unless justified for reasons of scientific research or for the purpose of helping a population; (h) does anything that will have harmful consequences on wild animals. (2) Any public institution charged with the responsibility of managing protected parts of nature inhabited by wild animals shall ensure that (a) all necessary conditions are satisfied for biological survival of a natural population consistent with ecological balance; (b) any disturbance of an existing or new habitat of wild animals shall be reasonably restored; (c) veterinary healthcare is available when necessary for the wild animals in the protected area; and (d) all activities shall be conducted in accordance with the No. 14 of20I I Protected Areas Act. Stunning of animals. PARTIII PROTECTION AT THE TIME OF SLAUGHTER OR HUMANE KILLING 14. (l) Except in the case of poultry and rabbits slaughtered for private domestic consumption, a person shall stun all animals before THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 349 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 17 The handling of animals in slaughterhouses. slaughtering. (2) Without prejudice to the generality of subsection (1), a person may slaughter an animal without prior stunning in cases of emergency slaughter or slaughter according to religious rites. (3) Stunning equipment or methods that cause or are likely to cause pain, suffering or fear to animals shall not be used. (4) The Minister shall by regulations prescribe the methods of stunning and the equipment to be used. (5) A person who fails to comply with subsections (1) or (3) commits an offence. 15. (1) All persons handling animals in a slaughterhouse shall comply with the following requirements (a) the unloading of animals at a slaughterhouse must be done using suitable equipment and in a manner that minimises pain, suffering or fear in the animal; (b) the moving of animals within the precincts of the slaughterhouse to their lairages must be done with care and without causing pain, suffering or fear, with the use of suitable tools; (c) slaughterhouses must be equipped with suitable stalls and pens where animals are to be kept, protected from adverse weather conditions, fed and given water. (2) A person who slaughters an animal shall do so in the manner and with the use of the equipment prescribed. 350 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 18 Slaughtering and humane killing. Establishment and composition of Commission. Functions of the Commission. 16. (l) A person conducting the humane killing of an animal shall do so in a way as to avoid unnecessary pain, suffering, injury or fear to the animal. (2) Animals may be moved, lairaged and cared for in the slaughterhouse, restrained, stunned, slaughtered or humanely killed only by persons who are trained to perform these tasks. (3) A person who slaughters an animal for private domestic consumption shall ensure that the animal be slaughtered in a way as to spare the animal any unnecessary pain, suffering, injury or fear, in accordance with the provisions of this Act. ( 4) Where, in the case of emergency slaughter, stunning is not possible, a person shall carry out a slaughter in a way as to spare the animals any unnecessary pain, suffering, injury or fear. (5) A person who slaughter according to religious rite shall do so in a slaughterhouse specially approved by the competent authority for that purpose. (6) A person who fails to comply with the provisions of this section commits an offence. PARTIV ANIMAL WELFARE COMMISSION 17. The Minister shall establish an Animal Welfare Commission which shall comprise no less than eight and no more than twelve members drawn from experts from the following disciplines, veterinary medicine, human medicine, biology, pharmacy, biochemistry and agronomy, as well as representatives from the animal protection associations. 18. ( 1) The Animal Welfare Commission shall (a) issue opinions on proposals for legislation in the field of animal protection; THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 351 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 19 Principles for the keeping of animals. Care of ill or injured animals. (b) advise the Minister on current scientific and technical developments in the field of animal welfare; (c) prepare and submit to the Minister not later than the end of March in any current year, an annual report on its work for the preceding year; ( d) provide opinions on matters relating to animal protection when requested by competent state administration bodies. (2) The Animal Welfare Commission shall establish its rules of procedure. PARTY THE KEEPING OF ANIMALS USED FOR PRODUCTION PURPOSES 19.(1) A person may keep an animal for production purposes if its biological needs can be met in a way that does not impede its physiological functions and behaviour. (2) The owner of an animal kept for production purposes shall, taking into consideration the age, species, degree of development, adaptation and domestication of the animal ensure that it has adequate food, care, space and land for freedom of movement and accommodation appropriate to its physiological and ethological needs. (3) Any person who wishes to keep an animal for production purposes shall register with the Authority. (4) A person who keeps animals for commercial production purposes shall have training or experience in caring for such animals. 20. (1) An owner shall, without delay, care for any animal which shows signs of illness or is injured and, where necessary, ensure that the animal receives veterinary attention. (2) The owner of an ill or injured animal shall place that animal in accommodation appropriate to its needs and, where necessary, in a separate 352 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 20 Movement of animals. Feeding and watering. area or pen. (3) A person who fails to comply with the provisions of this section commits an offence. 21. ( 1) A person shall not restrict the movement of an animal in such a way as to cause it unnecessary pain, suffering, fear or injury. (2) The owner of an animal kept on a tether shall (a) allow that animal a daily time off the tether so that the animal can move freely in accordance with its physiological and ethological needs; (b) allow the animal ease of movement; and (c) not subject the animal to pain, suffering, fear or injury. (3) A person who cares for domestic animals and farmed wild animals shall provide the animals with suitable facilities or shelters to move around and with an adequate running and grazing area. ( 4) A person shall not tether a wild animal, except for (a) veterinary-health or safety reasons; and (b) the training ofraptors for falconry. (5) A person who fails to comply with the provisions of this section commits an offence. 22. (1) A person who cares for an animal shall ensure that the type, quality and quantity of feed provided to that animal is appropriate to the species, age and physiological needs of the animal. (2) The owner of an animal shall provide the animal with access to sufficient quantities of drinking water of suitable quality according to its ecological needs. (3) The owner of an animal shall THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 353 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 21 Cap. 11 :02 Construction and equipment of animal houses. (a) keep all feeding and watering facilities, and equipment clean; and (b) equip all facilities in such a way that the animal can take food and water in a manner appropriate to its species. (4) A person who fails to comply with the provisions of this section commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars and in the case of a second or subsequent conviction to a fine of fifty thousand dollars and to imprisonment for one month. (5) Notwithstanding the other provisions of this section, a court convicting a person of an offence under this section, may, in addition to imposing a fine, make an order requiring the person convicted to perform community service for such period not exceeding six months in lieu of imprisonment and for such number of hours each day, excluding public holidays, as are specified in the order and where any such order is made the provisions of section 3(2) to section 7, inclusive, of the Extra-Mural Work Act shall, mutatis mutandis, apply as if the order were an extramural work order made under section 3 of that Act. 23. (1) Any person constructing an animal house shall (a) use materials and equipment which are (i) not harmful to the animal nor adversely affect its health; and (ii) easy to clean and, where necessary, disinfect; (b) ensure that the animal house, enclosures and equipment are constructed so that there are no sharp corners, edges or protrusions likely to cause injury to animals. (2) A person who fails to comply with the provisions of this section commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars and in the case of a second or subsequent conviction to a fine of fifty thousand dollars and to 354 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 22 Animals not kept in buildings. Inspection of animals and equipment. Records. imprisonment for one month. 24. (1) Where animals are temporarily or permanently not kept in buildings, the owner shall, where necessary, provide (a) adequate shelter from adverse weather and climatic conditions; and (b) protection from predators and other risks that threatens their health and well-being. (2) A person who fails to comply with the provisions of this section commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars and in the case of a second or subsequent conviction to a fine of fifty thousand dollars and to imprisonment for one month. 25.(1) The owner of animals shall ensure that animals kept on holdings or in husbandry systems in which their health and welfare depend on human care must be inspected on a regular basis, at least once per day. (2) To enable the animals to be inspected at any time, the owner shall provide adequate lighting to the extent necessary for the care and inspection of the animals. (3) The owner of animals shall regularly inspect all automated and mechanical equipment essential for maintaining the health of the animals, at least once per day. ( 4) Where defects are discovered, the owner shall rectify them immediately, or if this is impossible, provide backup equipment to preserve the health and well-being of the animals. 26. (1) The owner of animals shall maintain a record of medical treatment given to each animal and the number of animals that died or was killed. (2) The owner shall (a) retain records required to be maintained under subsection THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 355 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 23 Animals on farm or feedlot. Animals at market feedlot. ( l) for at least one year; and (b) make the records available to the competent authority on request within that period. (3) A person who fails to comply with the provisions of this section commits an offence. PART VI TREATMENT OF NON-AMBULATORY ANIMALS 27. (1) Where an animal on a farm or feedlot becomes non ambulatory but continues to eat and drink, the owner shall provide, water, and shelter and contact a veterinarian to determine the appropriate course of action and where the animal' s condition is obviously irreversible, the animal shall be humanely euthanized. (2) Before transport off the farm or feedlot, the owner shall evaluate each animal's fitness to travel and non-ambulatory animals shall not be moved off the premises except for the purpose of receiving veterinary treatment. (3) The following animals at high risk for becoming non ambulatory shall not be transported off the farm unless for the purpose of treatment (a) pregnant females for whom ninety percent or more of the expected gestation period had passed; (b) females who have given birth in the previous week; ( c) pigs of less than three weeks; ( d) lambs of less than one week; and ( e) calves of less than ten days of age. (4) A person who fails to comply with the provisions of this section commits an offence. 28. (1) A person in charge of a livestock market shall cause all market employees of the livestock market to be trained in proper animal care and handling. (2) All animals received at livestock market facilities shall be 356 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 24 Animals at slaughterhouses or abattoirs. assessed for fitness by a licensed veterinarian, and non-ambulatory animals shall not be accepted for marketing. (3) A person in charge of a livestock market shall have, at the livestock market, written policies, procedures and equipment in place for handling animals that become non-ambulatory after delivery to the facility. (4) A person in charge of a livestock market shall cause animals becoming non-ambulatory on the premises of a livestock market to be humanely euthanized or provided with treatment as prescribed by a licensed veterinarian without delay. (5) A person who fails to comply with the provisions of this section commits an offence. 29. (1) A person in charge of a slaughterhouse or abattoir shall ensure that non-ambulatory animals are not accepted for slaughter at a slaughterhouse or abattoir: Provided that a non-ambulatory animal may be unloaded at a slaughterhouse or abattoir for the purpose of euthanasia where the procedure cannot be safely performed on the transport vehicle. (2) A person in charge of a slaughterhouse or abattoir shall cause animals that arrive at a slaughterhouse or abattoir in a non-ambulatory condition, or which go down after arrival , to be euthanized immediately and not be taken for slaughter. (3) Non-ambulatory animals shall be separated from ambulatory animals to prevent injury. (4) A person shall not cause a non-ambulatory animal to be thrown, dragged or pulled by the neck or other extremity, or pushed with equipment but shall cause them to be moved with a sling or on a stone boat or other THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 357 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 25 Protection of companion animals. Breeders of companion animals. sled like or wheeled conveyance. (5) Euthanasia, if required, shall be performed by a competent and trained individual by a single blow of a penetrating captive bolt or gunshot or by chemical means that immediately render the animal unconscious with complete unconsciousness persisting until death. ( 6) A person who fails to comply with the provisions of this section commits an offence. PARTVIl PROTECTION OF COMP ANION ANIMALS 30. (1) A person shall keep companion animals m conditions appropriate to their needs. (2) A person shall not sell companion animals to persons under the age of eighteen years. (3) A person shall not keep and handle a companion animal, or allow it to move, in a way that poses a risk to the health and safety of other animals and people, in particular children. (4) The owner of a companion animal shall ensure the controlled reproduction of the animal which is under his control. (5) Any owner of a companion animal shall take care of the offspring or bear the costs of its care. ( 6) A person who fails to comply with the provisions of this section commits an offence. 31. (1) Where a person wishes to breed three or more companion animals for the purpose of selling the animals, the person shall apply to the competent authority for permission before he commences breeding the animals. (2) The competent authority shall keep a register of breeders 358 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 26 Temporary housing of companion animals. Protection of animals in zoological gardens. No. 22 of2016. referred to in subsection (1 ). (3) A person who fails to comply with subsection (l) commits an offence. 32. (I) Any person may with the approval of the competent authority establish a temporary facility for the housing of companion animals. (2) The competent authority shall keep a register of the facilities for the temporary housing of companion animals. (3) A person who fails to comply with subsection (1) commits an offence. 33. (1) No one shall establish a zoological garden without first obtaining the permission of the competent authority. (2) Upon receipt of permission from the competent authority, the person may proceed to establish, operate and manage the zoological garden in accordance with the outlining requirements regulations prescribed in section 39(2) and any relevant provision of the Regulations made under the Wildlife Conservation and Management Act. (3) The competent authority shall keep a register of zoological gardens. ( 4) The owner or administrator of a zoological garden shall ensure that (a) animal housing facilities are adequate for each animal species kept in the zoological garden; (b) outdoor exercise enclosures are provided where necessary; ( c) each animal receives an adequate daily supply of feed and water; ( d) veterinary health care is available to the animals when necessary; (e) each animal receives humane treatment by staff members; (f) each animal is protected from visitors; THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 359 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 27 Protection of animals used in circuses and perfonnances involving animals. Protection of (g) visitors are protected from the animals in the zoological garden; (h) a plan is in place to take care of animals should the zoological garden be closed. (5) The competent authority may close a zoological garden or part thereof for any contravention of the provisions of this section. (6) In cases considered appropriate by the competent authority, the competent authority may direct that an animal be given to a specified person or humanely killed. (7) Where the competent authority incurs any expense in taking care of an animal in or belonging to a zoological garden, the owner of the zoological garden shall reimburse the competent authority. 34. (1) A person shall not keep or use a wild animal in a circus and performances involving animals without the permission of the competent authority. (2) A person shall not use an animal with a physical defect or a confined animal in a circus or in a performance. (3) Where a person wishes to have a circus or change the venue where a circus will be held, the person shall apply to the competent authority for approval with supporting information on the availability of the venue or the new venue, the types and times of performances and the number and species of animals to be used. ( 4) The competent authority on being satisfied with the information provided and that there are no veterinary health obstacles to the movement of the animals shall issue an approval in writing. (5) Anyone who contravenes subsections (1), (2) or (3) commits an offence. 35. (l) Anyone who intends to use any animal in a film or television 360 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 28 animals used in film and television productions, exhibitions and competitions. Protection of abandoned and lost animals. The establishment of an animal shelter. Duties and production, exhibition or competition shall at least seven days prior to the intended use notify the competent authority of the place and time of the event and the manner in which the animals are kept. (2) It shall be an offence to use an animal in a film or television production, exhibition or competition without providing the competent authority with the requisite notification. PARTVIIl ANIMAL SHELTERS 36. (1) The owner of a lost animal shall make a report within three days to an animal shelter. (2) A person who recovers his animal from a shelter shall pay to the shelter the expenses incurred in the housing and feeding of the animal. (3) A person who finds an animal abandoned or suspected to be abandoned or lost shall inform an animal shelter. (4) An animal shelter shall provide for the collection of abandoned and lost animals and, in the case their owners cannot be identified immediately, for their housing. (5) Any wild animal found shall be placed in a shelter for wild animals which shall ensure that it is returned to the wild, if possible, or otherwise be offered to a zoological garden equipped to receive it. (6) Where the zoological garden is unable to receive the animal, the animal may be humanely killed. 3 7. (1) Any person may upon satisfaction of the requirements set by the competent authority establish and operate an animal shelter. (2) The competent authority shall keep a register of all animal shelters. 38. (1) The management or owner of an animal shelter shall THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 361 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 29 obligations of animal shelter. Promoting animal protection and supervision. (a) record and store all reports received on lost or abandoned animals; (b) house and feed abandoned or lost animals placed in its care and custody; (c) where necessary collect abandoned or lost animals; ( d) where necessary ensure that animals in its care and custody receive veterinary treatment; ( e) record all deaths and humane killing of animal in its care; (t) record all animals permanently removed from or taken out of the shelter; (g) comply with all directions given by the competent authority from time to time including the manner of handling lost and abandoned animals. (2) An animal shelter shall implement the measures ordered by the competent authority. (3) Any animal placed or taken into an animal shelter may be sold or placed in a foster home by the management of the shelter where not claimed by the owner within fifteen days of being placed in the shelter. (4) Any animal placed or taken into an animal shelter and not sold, placed in a foster home or returned to the owner may be humanely killed after sixty days. (5) A person who fails to comply with the provisions of this section commits an offence. 39. (1) The owner of an animal shelter shall make available to the public, information on lost and abandoned animals in his care. (2) The competent authority shall inspect animal shelters at regular intervals to ensure compliance with the provisions of this Act. 362 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 30 Protection of animals in pet shops. Penalties. Power to make regulations. 40. (1) No one shall without the approval of the Authority sell or offer for sale in a shop or confined space any companion animal. (2) The competent authority in issuing approval may stipulate conditions to be complied with and any breach thereof may result in the withdrawal of the approval. (3) No owner of a pet shop shall employ staff not trained in the care of animals to sell in the pet shop. (4) The owner of a pet shop shall provide written instructions on the proper care of animal purchased from his shop. (5) A person shall only offer an animal for sale in a pet shop which comes from a registered establishment. (6) The competent authority shall keep a register of pet shops. (7) A person who fails to comply with subsections (1), (3), (4) or (5) commits an offence. PART IX PENALTIES 41 . Where no penalty is provided for an offence committed under this Act, such offence shall upon summary conviction be punishable by a fine of sixty thousand dollars and to imprisonment for four months. PARTX MISCELLANEOUS 42. (1) The Minister may make regulations generally for the purpose of carrying out the provisions of this Act. (2) In particular and without limiting the generality of subsection (1 ), the Minister may make regulations (a) prescribing the form of an application, other form or document, and fees to be charged by the competent authority; (b) prescribing the requirements and conditions under which animals are transported; THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 363 A.D. 2018] ANIMAL WELFARE ACT 2018 [No. 18 31 ( c) establishing the conditions to be satisfied at resting points and assembly centres for animals; ( d) stipulating the training requirements for attendants and staff at assembly centres and resting points for animals; ( e) stipulating the methods and equipment to be used for the slaughter and humane killing of an animal; (f) outlining training requirements for staff who are responsible for the care, the restraint, the stunning and the slaughter of animals in a slaughterhouse; (g) prescribing the methods of stunning and the equipment to be used; (h) prescribing the requirements for the housing and keeping of experimental animals; (i) setting out the general content of records to be kept on animals used in experiment; G) prescribing the method and requirements of the breeding of animals of any type or species; (k) providing for the requirements and manner of keeping animals for production purposes; (I) outlining qualification of persons taking care of animals, the manner and method of registering persons who keep animals and the keeping of records of animals used for production purposes; (m) stipulating the requirements for the keeping and raising of wild animals; (n) stipulating the requirements for and the manner of keeping dangerous or potentially dangerous animals; (o) prescribing the requirements and methods of the breeding of companion animals; (p) prescribing the facilities required for the temporary housing of companion animals; 364 THE OFFICIAL GAZETTE [LEGAL SUPPLEMENT] — A 7TH SEPTEMBER, 2018 No. 18] LAWS OF GUYANA [A.D. 2018 32 Act not in derogation. (q) outlining the requirements for the establishment, operation and management of a zoological garden; (r) prescribing the training requirements for staff taking care of an animal in the zoological garden; (s) stipulating conditions to be satisfied for the keeping and use of animals in circus, in exhibition and competition; (t) prescribing the requirements for the establishment and operation of an animal shelter; (u) specifying traps to be used to capture animals; (v) specifying kennel standards for dogs; (w) and any other matter deemed necessary to achieve the purposes of this Act. (3) A person who commits an offence under Regulations made under this Act shall be liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for three months. 43. This Act shall be in addition to and not in derogation of any other law relating to offences prescribed in this Act in relation to animals. Passed by the National Assembly on the 30th July, 2018. (BILL No. 21/2016) ~ ::--:, Deslyn West, MBA, Acting Clerk of the National Assembly.