Animal Health and Development Law No. 17/93

THE UNION OF MYANMAR THE STATE LAW AND ORDER RESTORATION COUNCIL c8')£ ':>f CXlJ¥gG')Gb]g~~ ~~@gGGp 8UGS ANIMAL HEALTH AND DEVELOPMENT LAW <: C C{' C' C =,:,:ij ~;.01 O),,G~?Clfp:ro;i::,t: :) J 9m 25th November, 1993 (ro) The State · Law and Order Restoration Council Animal Health and Develc>pment Law (The State law and Order Restoration Council L.aw No. 17/93) Tfle 12th Waxing Day of Tazaungmon, J355 Mi (25th November, 1993) The . State . Law and - Order Restoratiori Council hereby enacts the following Law: CHAPTER f Ti.tie and Definition I, This Law shal I be cal.led tne Animal Health aAd Deve. "lopment Law. · 2. The following expressfons contained fn this Law she(/ have the meanings given hereunder: (a) Animal means domestic animal bred by man or captured for.a certain purpose .. This expre~sioil also includes the semen, ovum or embryo of the animal: (6) Animal Product means milk, egg or any part of an .animal; 2 (o) (c) J (q) Animal F~ means feed:. sold o:n a comm~cial scale . for. the purpos·e of feec!J.~g ,ar,i,imals and which is scientifica!iy prepared o r conventionally mixed or without preparation or mixing: ( d) I n(ectious Disease , means- any . anJ ma! . disease notified >a,s .a contagious disease by the Ministry;. (e) 'Recommendation Certificate means a certificate issued under sec)fon 8 sub-section·{b) of this Law; ({§ Mrhistry mean~. the Ministry of· Livestock Breeding and fisheries;· . (g) /\1inister means the Minister for Livestock Breeding and Fisheries; (h) Department . means the Livestock Breeding and Veterinary· Department; (j) Dir.ector Gener.al· means the. Director Gen~ral of ' Livestock Breeding and Veterinary 'Qepartment., .·. CHAPTER JI. Objectives :r3;· . :i- he .o:t:,je~ves ·of. ~his -Law are as follows.:--.· (a) to carry out .animal health and development work; (b) : to. p ro.r:·note: , 1-l~~tock -develc.pr.ne.'1t ;. · 2 ( oo) ( C) (ro) (o) (oo) (c) to. prevent outbreak of contagious dise~e in animals and to c ontrol the -ou.tbreak systematically when it occurs; (d) to inspect imported animal, animal product and animal feed; (e) to· issue recommendation certificate concerning animal, animal product ar.d animal feed for export; (r) to protect animals by law from being ill-treated. CHAPTER 1H Animal Health and Development . . 4. The Departmentshallforthe purposeofanima! health and development carry out the following functions: (o) disseminatfng technical knowhow to those desiring to raise animal under modern techno}ogy; (b) c~rryin~ out works for obtaining improved µ-reed animals ·suitable for Myanmar; · (c) supervising im·portation of improved breed animals; (d) e:arryi ng out re~~~rch on vaccines t~~t protect animals from contagious diseases a:nd producing the vaccines; 3 (c) (e) carrying out research on utilizing natural vegetation, crops in the country for animal feed: (f) inspecting of imported anirnal product and anlmat feed for standard quality, the presence of.harmful pathogens or toxins. CHAPTER IV 1nspection of animal feed for domestic sale 5. The Director General may: (a) inspect animal feed for domestic sale in the prescribed manner; (b) prohibit further sale of animal feed if it is found that the animal feed for sale is harmful to animals; (c) make a .list of animal feed sellers. 6 .. A person who sells animal feed shall, in respect of the. animal feed he se!ls: (a) submit for inspection by the Department: (b} abide by the -prohibition made- by the Department in accordance· with the Law. 4 (ro) C' ('.:;" C' OC'9r:::::'C C 0 ::OOJ~OJ~JITTGJ ? : i~ 0fD 2Gc::3-:ic: 011:lG~: ~9251 901m GOO')oSQGJoSrooS~oS d:fc6Go:96211 . . .. CHAPTER V Inspection of Anlmal 1 Animal Product and Ani-mal Feed for Exportation 7, A person exportir1g animal, animal product or animal feed may; on desiring a recommendation certificate, apply to the Department in the prescribed manner. 8. The Director General shall, in respect of the- application. for recommendat:on certificate:-~ (a) inspect in the prescribed manners, an animal if it ls free from contagious disease, animat product or animal feed if it is of standar:d quality and free:from harmful pathogens or toxins; (b) issue recomrnendati:on certificate if it is, found to be in conformity with the prescribed stipulations. 9. (a) The.applicant for the recommendation certificate shall pay the prescribed fees; . (~) Examination fee, recommendation certmcate fee and · other expenses sha!I be as d·etermined by the Director General. s CHAPTER VI· Inspection of Imported Animal, Animal Product and Anim.al Feed . 19 ... A person impori:i.ng animaf, animal product or animal feed- .. shall submit t9 inspe ction by the Department. I I. The Department shafl, with the appro:vat of the Ministry establish Inspection Stations in required regions for inspection of imported animal, animal product or animal feed, 12. The Director General, in respect of the imported animal, animal product or animal feed: {a) shall inspect in the pr:escribed manner an animal if it is free fror'rf contagious disea~e, ani maf product or animal feed if it is of standard quality and free from harmful pathogens or toxins; (b) may prohibit the animal from being transported into the country, may temporarily detain the animal, may allow retransportatlon or destruction if found to be infected -with confagious;disease; (c) may prohibit the animal product or animal feed being tr;ns p6rted i ~tb :the country, may tel11 pb rari ly. detafh . it, may ·allov.Xretransportation or destruct1ori, if, on 6 (m) inspection, :t is found that it is not .of the .standard . quality ar.id if it contains harmful pathogens or toxins; (d) shall tssue recommendation certificate if, on inspection in accordance with dause (a), the animal is found to be free from contagious disease, the animal product or animal feed :s fourn:l to be 0f standard quality and free from harmful pathogens or toxins. !3. (c) A person importing animal, animal product or animal feed shall pay the prescribed fees: (b) Inspection fee, recommendation certfficate fee and other expenses shall be as determined by the Director General, CHAPTER Vii Prevention ·and Control. of CentagiousIDisease · 14. The Ministry shall r,otify the .tontagfous diseases of animals from ti.me to time . . 7 ·0311. e:$:s.,,oo~ . . .. (ro) ( 0) (a) shall 'lay down ne cessary preventi:~e. measures to the effect that no contagious disease occur .in animals; (b) .shali mak~- ~~rangement to ~r-adicate the dise~e in the contagi~us dise~e affected -·. areas . and to prevent spreading of disease to other re:giQo s; (c), shall ~o~~fy the .Disease free Zone in. ~~cordance with . th·e· presctibed manners; (d) niay issue necessary order.or directive for prevention or control of contagious disease.· .. J ..... , ' ··-· 16. -.T,ht\, PWner .'·of .a~- :-anlfnal or a person who has in his possessic°r(a.n animal shall report promptly to :the employee in cha·rge o{ the:· Department of either a village tract or a township or a. person· designated for. this purpose by the Ministry, if he knows the occurrence of contagious disease in the animal or finds symp~ oms (jf .f9ntagious disease in the dead animal. · · 17. A veterinarian sha\\ report·· promptly to the nearest e,:nployee oft he Department if he finds that the animal h e tre ats is suffer~;ng from cont;gious .di~~ase.·· . . . . CHAPTER VIII Prevention of Cruelty. to Animal· · 18. The Director General: . . ' . . (a) shal l carry out .educ?tive .mec!$ures .to prevent man ···from wilfuliy°:·iH~tr~~ting. th~ ~nimal; 8 (o) (c) (b) may prescribe the maximum weight of load to be carried by or load to be drawn by a certain species of animal: (c) shall carry out educative measures regarding the methods to be observed by the public in respect of transporti.ng, binding· cir keeping- of animqls; • (d) shafl take measures.for treatment of ill-treated animals at t 0he Veterinary Centre established by the De~ partment; (e) shall pr~scribe the expenses payable by the owner of an animal or a person who has an animal in his possession· for treatment, feeding and .taking care of the animals at the Veterinary Centre. · CHAPTER IX Appeals !9. A person dissatisfied with the decision or order made under this Law by any officer of the Department may appeal to the Directo r General within 60 days of the receipt of such decision or order. 20. A :person dissatisfied •with the decision or order; made by the Director General may appeal to the Minlsterwithin 30 days of the receipt of such ·decision or order.. 21. The decis i'on • of ihe Minister shall :be- final. . (m) OOQf: ( 00) ~ZY§i8 r.:~9~',>I'): l::J JLJ • Cj U OQ: CHAPTER X Offences and Penalties 22 .. If a person who sells animal feed commits any of the following act, he shall on conviction be punishable with fine which may extend to kyats 5,000· or with imprisonment · for a term which may extend to 6 months or with both: (a} refusing to submit for inspection by the Department of the animal feed for sale; (b) selling animal feed prohibited by the Department from further sale. 23. If-a person who imports animal, . animal product or animal feed . commits ariy of the following acts, he shall on conviction be pun'lshablewith fine which may extend to kyats 5,000 or with imprisonment for a term which may extend to 6 months or with both: (a) refusing to submit for inspection by the Department of imported ani ma!. animal product or ani ma! feed; (b) transpdrting into the country, distributing-, selling of imported-- animal. animal product or . animal feed without obtaining a recommendation certificate iSiued . b y the Department · 10 {Q) ·(o) 24. ·• lf the owner of an anima, or a person who has an animal in his possess-ion fails to comply with any of the following acts., in respect of the animal, he shall, on conviction, be punishable with fine which may extend to kyats 5,000.or with imprisonment for a term up to 6 months or with both: (o) failing to comply with the order or directive issued by the Department regarding control of contagious disease; (b) failing to report to the concerned know'ingty cf the · outbreak of contagious disease; (c:) falling to report to the concerned knowingly of the contagious disease symptom in the dead animal. 25. Whoever commits any of the following acts in respect of th!! animal shall on 1:.orwiction be· punishable with fine which may extend to kyats 1,000: (o) causing to work cruelly qr causil\g to carry or draw · more than t'1e prescribed weight:· (b) wilfully HI-treating: (c) unnec.essadly maiming; (d) wilfully keeping it without food and water: (e) neglecting to give proper treatment and care though being . sick or wounded; (D letting to stray in public place though being suffering from contagious disease or wounded. 11 26. The Cou11. shall on conviction undersection 22 .01; section 23, impose punishment as prescribed for the relevant offence. and in addition pass orders for confiscation or destruction of exhitiits in respect of which the offence h~s bee n committed. CHAPTER XI Miscellaneous 27. The Ministry may -delegate the authority to· inspect animal produ.ctor anin1aLfeed for exportation ,or importation and to issxA~ recommendation certif\cate, ~1hich is to be per formed ur;der this Law, to any appropriate Government departmen~, or orgardzatiori, 28. The Ministry may exempt Government department or any organization from payrn~ht af'insp,ectionTeei reco;menda ti~n certificate fee aild other expenses payabi'e under this Law. 29. A Government department which has the authority to issue import \icer;ce or permit for importation of animal, animal product or animal-feed shall obtain the opinion of the DepartA ment prior ta.the issuance of such licence or permit. ~- - The Director-Genera! .may delegate the powers confer-red · · orr him under-:·tHis Law to any officer of the Department. 12 3 l. Inspection work on ani ma!, animal product or- animal feed under this Law shall be done;- · · ·· · (a) without affecting the smooth and steady flow of trade; (b) without delay in inspection. · . 32: . The People's Police Force shall render necessary ~sist~ric~ when the personnel of the Department are taking action· against· offences under this Law. · · · .. 33.. for the purpose of carrying out the· pr:ovi$it3M of this Law: (q) ~he Ministry may, with the approval of the Government, issue such rules and procedures ~ may be .necessary; (b) the Ministry or Department may issue s~Gh 9r-idersarid: dir.ective~ as may be necessary. · ~4'. The following Acts ~re he:,eby · repeaied:~ (a) The live~stock Importation Act; 1898: (b) The Glanders a:nd Farcy Aat, 1899; (c). The Dourine Act, 1910: (d) The Prevention of Cruelty te AnimaJs A~. lt3d,: (e) Tr-ie Animal Pests Act, !939. (Sci) th~n Shw, Seni¢>r Qer.ier.4J Ckairmaf!i The State Law and OiedeF Rest9rffiert C\1?µt-r~;1" u $Dt~/~r;~€r/=fa!i99i /~oo+oo /tr,/,;~o