Animal Feed (Amendment) Act, No. 15 of 2016

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ANIMAL FEED (AMENDMENT) ACT, No. 15 OF 2016 Printed on the Order of Government [Certified on 07th September, 2016] PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5 Price : Rs. 9.00 Postage : Rs. 10.00 Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of September 09, 2016 1Animal Feed (Amendment) Act, No. 15 of 2016 [Certified on 07th September, 2016] L.D.—O. 69/2006. AN ACT TO AMEND THE ANIMAL FEED ACT, NO. 15 OF 1986 BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:— 1. This Act may be cited as the Animal Feed (Amendment) Act, No. 15 of 2016. 2. Long title of the Animal Feed Act, No. 15 of 1986 (hereinafter referred to as the “principal enactment”) is hereby amended by the substitution for the words “MANUFACTURE, SALE AND DISTRIBUTION OF ANIMAL FEED” of the words “MANUFACTURE, SALE, IMPORTATION FOR SALE, DISTRIBUTION AND USE OF ANIMAL FEED”. 3. Section 2 of the principal enactment is hereby repealed and the following section is substituted therefor:— 2. (1) The Director-General of Animal Production and Health (hereinafter referred to as the “the Director-General”) shall be responsible for the general administration of this Act. (2) There may be appointed such number of Directors, Deputy Directors, Assistant Directors of Animal Production and Health and such other officers as may be necessary for the purpose of assisting the Director-General in carrying out or giving effect to the provisions of this Act. (3) Any power, duty or function of the Director-General under this Act may be exercised, performed or discharged by any Short title. Amendment of the long title of Act, No. 15 of 1986. “Director General of Animal Production and Health. Replacement of section 2 of the principal enactment. 2—PL 010066—2,961 (07/2016) Animal Feed (Amendment) Act, No. 15 of 2016 2 Director, Deputy Director, Assistant Director of Animal Production and Health under the direction of the Director-General or by such other officer who is authorized to do so by the Director-General in writing.”. 4. The following new section is hereby inserted immediately after section 2 of the principal enactment and shall have effect as section 2A of that enactment. 2A. (1) There shall be appointed an officer belonging to the Grade I of the Sri Lanka Animal Production and Health Service having not less than three years of active service in that Grade to be or to act as the Registrar of Animal Feed (hereinafter referred to as “the Registrar”) who shall be the licensing authority for the purposes of this Act. (2) The Registrar shall exercise, perform and discharge any power, duty and function assigned to him under this Act, subject to the direction and control of the Director-General.”. 5. Section 3 of the principal enactment is hereby repealed and the following section is substituted therefor:— 3. No person shall manufacture or import any animal feed except under the authority of a licence issued by the Registrar under this Act.”. 6. Section 4 of the principal enactment is hereby amended as follows:— (1) in subsection (1) thereof, by the substitution for the words “Every person desirous of obtaining a licence to manufacture” of the words “Every person desirous of obtaining a licence to manufacture or import”; “Licensing authority for animal feed. Replacement of section 3 of the principal enactment. Insertion of new section 2A in the principal enactment. “Licensing. Amendment of section 4 of the principal enactment. 3Animal Feed (Amendment) Act, No. 15 of 2016 (2) in subsection (2) thereof — (a) by the deletion of paragraph (d); and (b) in paragrph (e) by the substitution for the words “a statement of the composition of such animal feed,” of the words “a statement of the nutrient composition of such animal feed,”. 7. Section 6 of the principal enactment is hereby amended by the repeal of subsection (1) of that section, and the substitution therefor of the following subsection:— “(1) The Registrar shall declare any animal feed manufactured or imported for sale on a licence issued under section 5 of this Act to be an approved animal feed (hereinafter referred to as “approved animal feed”) and assign a number in respect of such approved animal feed.”. 8. Section 7 of the principal enactment is hereby repealed and the following section is substituted therefor:— 7. No person shall sell, expose for sale, offer for sale or distribute any animal feed other than an approved animal feed declared under section 6.”. 9. The following new section is hereby inserted immediately after section 7 of the principal enactment and shall have effect as section 7A of that enactment. 7A. No person shall sell, expose for sale, offer for sale, store, supply or distribute any approved animal feed at or from any premises unless auch premises has been registered in the manner prescribed by the Registrar and a Certificate of Registration is obtained in that behalf.”. Amendment of section 6 of the principal enactment. Replacement of section 7 of the principal enactment. Insertion of new section 7A in the principal enactment. “Sale of approved animal feed. “Registering of premisses. Animal Feed (Amendment) Act, No. 15 of 2016 4 10. Section 8 of the principal enactment is amended as follows:— (1) by the repeal of paragraph (a) of subsection (1) and substitution therefor of the following:— “(a) the Director-General or a person nominated by him; and”; (2) in subparagraph (ii) of pargraph (b) of subsection (1) by the substitution for the word “three” of the word “five”; (3) in subsection (2) of that section by the substitution for the words “three members.” of the words “four members.”; (4) by the insertion immediately after subsection (3) of that section of the following new subsection which shall have effect as subsection (3A):— “(3A) The Registrar shall be the Secretary of the Committee.”. 11. Section 10 of the principal enactment is hereby amended as follows:— (1) in paragraph (i) by the substitution for the words “manufacture, storage and prepartion of animal feed for sale” of the words “manufacture, importation, storage and preparation of animal feed for sale or for use”; (2) in paragraph (ii) by the substitution for the words “of any approved animal feed;” of the words “of any approved animal feed or any other raw material suitable of being used as animal feed,”; Amendment of section 8 of the principal enactment. Amendment of section 10 of the principal enactment. 5Animal Feed (Amendment) Act, No. 15 of 2016 (3) in paragraph (iii) by the substitution for the words “fix the maximum level of deleterious” of the words “specify the maximum level, and prohibit where required, the use of deleterious”; (4) by the insertion immediately after paragraph (iii) of that section of the following paragraph which shall have effect as paragraph (iiiA):— “(iiiA) recommend to the Minister on matters relating to the quality of animal feed and raw materials;”. 12. Section 11 of the principal enactment is hereby amended in paragraph (c) by the substitution for the word “composition” of the words “nutrient composition”. 13. Section 12 of the principal enactment is hereby repealed and the following section is substituted thererfor:— 12. The Committee shall — (a) study and keep under review matters relating to — (i) the production, importation, manufacture, sale, processing, distribution and use of animal feed; (ii) preparation of animal feed; (b) report on matters relating to subparagraphs (i) or (ii) of paragraph (a) from time to time to the Minister; and (c) recommend to the Minister such proposals as it considers necessary or advisable for the control, Amendment of section 11 of the principal enactment. “Committee to make continuing studies and reports. Replacement of section 12 of the principal enactment. Animal Feed (Amendment) Act, No. 15 of 2016 6 supervision, use, marketing and distribution of approved animal feed in the interest of national economy.”. 14. Section 13 of the principal enactment is hereby amended in subsection (1) by the substiution for the words “the production, manufacture, processing, distribution and sale of approved animal feed” of the words “the production, manufacture, importation, processing, distribution, use and sale of animal feed”. 15. Section 16 of the principal enactment is hereby amended by the substitution for the words “No alteration in the container, print or the label or” of the words “Where any approved animal feed is intended to be sold, no alteration in the container, print or the label or”. 16. Section 17 of the principal enactment is hereby amended by the repeal of subsection (2). 17. Section 18 of the principal enactment is hereby amended by the substitution for the words “manufacture, prepare or store any approved animal feed for sale” of the words “manufacture, import, prepare or store any approved animal feed for sale”. 18. Section 21 of the principal enactment is hereby amended by the substitution for the words “no person shall manufacture, any approved animal feed for sale or sell” of the words “no person shall manufacture or import any approved animal feed for sale, use or sell”. 19. Section 22 of the principal enactment is hereby amended as follows:— (1) in subsection (1) by the substitution for the words “No manufacturer or a distributor or a commission agent or a dealer of any approved animal feed shall Amendment of section 13 of the principal enactment. Amendment of section 16 of the principal enactment. Amendment of section 17 of the principal enactment. Amendment of section 18 of the principal enactment. Amendment of section 21 of the principal enactment. Amendment of section 22 of the principal enactment. 7Animal Feed (Amendment) Act, No. 15 of 2016 sell such approved animal feed” of the words “No manufacturer or an importer or a distributor or a commission agent or a dealer of any approved animal feed shall sell such approved animal feed”; (2) in subsection (2) by the substitution for the words “Where any manufacturer or a distributor or a commission agent or a dealer of any approved animal feed” of the words “Where any manufacturer or an importer or a distributor or a commission agent or a dealer of any approved animal feed”. 20. Section 23 of the principal enactment is hereby amended as follows:— (1) by the repeal of subsection (1) and substitution therefor of the following:— “(1) The Director-General may nominate any public officer by name or by office to be an authorized officer to carry out the provisions of this Act and any regulation made thereunder.”; (2) by the insertion immediatly after subsection (1) of that section of the following subsection which shall have effect as subsection (1A):— “(1A) Every authorized officer nominated under subsection (1) shall be deemed to be a peace officer within the meaning and for the purposes of the Code of Criminal Procedure Act, No. 15 of 1979.”; (3) in paragrah (b) of subsection (2) of that section by the substitution for the words “any approved animal feed, from any person who has such animal feed in his possession for the purpose of sale;” of the words “any approved animal feed, from any person who has such animal feed in his possession for the purpose of sale or for any other use;”. Amendment of section 23 of the principal enactment. Animal Feed (Amendment) Act, No. 15 of 2016 8 21. Section 25 of the principal enactment is hereby amended as follows:— (1) in subsection (1) by the substitution for the words “the referee analyst” of the words “the authorized analyst or the referee analyst”; (2) in subsection (2) by the substitution for the words “the referee analyst” of the words “the authorized analyst or the referee analyst”; (3) in subsection (3) by the substitution for the words “the referee analyst” of the words “the authorized analyst or the referee analyst”. 22. Section 28 of the principal enactment is hereby amended in subsecion (1) by the substitution for the words “to a fine not exceeding one thousand rupees” of the words “to a fine not less than fifty thousand rupees and not exceeding two hundred and fifty thousand rupees”. 23. Section 31 of the principal enactment is hereby amended in subsection (2) by the insertion immediately after paragraph (a) of that section of the following paragraph which shall have effect as paragraph (aa):— “(aa) prescribing the standards for the manufacture of self mixed animal feed;”. 24. Section 32 of the principal enactment is hereby amended as follows:— (1) by the insertion immediately before the definition of the expression “animal feed” of the following new definition:— “ “animal” shall have the same meaning as in the Animal Diseases Act, No. 59 of 1992;”; Amendment of section 25 of the principal enactment. Amendment of section 28 of the principal enactment. Amendment of section 31 of the principal enactment. Amendment of section 32 of the principal enactment. 9Animal Feed (Amendment) Act, No. 15 of 2016 (2) by the insertion immediately after the definition of the expression “compounded feeds” of the following new definition:— “ “Controller of Imports and Exports” means the Controller of Imports and Exports appointed under section 2 of the Imports and Exports (Control) Act, No. 1 of 1969; “Director-General” means the Director-General of the Department of Animal Production and Health; “Distributor” means a person who distributes animal feed obtained from a manufacturer, importer or a dealer to a retailer, a seller or a user respectively;”; (3) by the insertion immediately after the definition of the expression “referee analyst” of the following new definition:— “ “self mixed animal feed” means a feed obtained by mixing two or more feed stuffs to be used as a feed by any person for animal or poultry in his custody;”; (4) by the repeal of the definition of “seller” and substitution therefor of the following new definition:— “ “seller” means any person to whom any approved animal feed is sold or delivered by the manufacturer or importer, for the purpose of sale by retail, and includes any person who barters or supply any approved animal feed under the integrated contract farming arrangement, and the word “sell” shall be construed accordingly;”; Animal Feed (Amendment) Act, No. 15 of 2016 10 (5) by the insertion immediately after the definition of the expression “simple feed” of the following new definition:— “ “user” means any person who has any animal feed in his possession to be used as a feed for animal or poultry in his custody or for the manufacture of feed;”. 25. (1) In the principal enactment and in any other written law wherever the words “Director of Animal Production and Health” and “Director” occur there shall be substituted the words “Director-General of Animal Production and Health” and “Director-General” respectively. (2) Every reference to the “Director of Animal Production and Health” and “Director” in any notice, notification, contract, communication or other document under this Act shall be read and construed as a reference respectively to the “Director-General of Animal Production and Health” and “Director-General”. 26. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail. Sinhala text to prevail in case of any inconsistency. The “Director of Animal Production and Health” and “Director” to be known as the “Director General of Animal Production and Health” and “Director General”. 11Animal Feed (Amendment) Act, No. 15 of 2016 Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180 (Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th December each year in respect of the year following.