Diseases of Animals Rules

LAWS OF MALAWI 12 Cap. 66:02 Co11trol and Diseases of Animals ·--·---··-·--·-·------··-- ·-·---·---····-· [Subsidiary} Diseases of Animals Rules DISEASES OF ANli.\IALS RULES ARRANGEMENT OF RULES RULE 1. Citation 2-16. [Repealed) 17. Duties of veterinary officer and inspector 18. Power to require any animal to be disinfected and to take blood smears, etc. I 9. Stray a11il11al:s fourn..l :;ulT1:1 int; fi om disease 20. Puyment for use of private land to quarantine travelling or stray animals 2 l. Destruction of carcasses of strny hvestock 22. Carcass or carcasses not to be removed 23. Grass and herbage not to be removed from infrctcd land 24. Compulsory dipping 25. Construction of rlippine tank~ may be ordered 26. Powers of inspectors 27. Penalty for failing to dip animals in areas not exempted 28. lntc1·va!s of dipping 29. Puwcr Lu lcrnpornrily cs.empt from compulsory dipping 30. Power of Minister to temporarily exempt persons living m African areas 31. l\fovcmcnt of animals fi om exempted areas 32. Power to require provision of dipping facilities 33. Power of Government to act on behalf of absentee owners 34. Provision of dipping tanks in certain areas 35. Precautionary m,~asures 36. Power to prohibit exhibition and public sale of :.tock• 37. Disinfection of railway trucks. loading pens, etc. 38. Stock sale yards to be cleansed and disinfcctcd 39. Tc.l>ting wilh walh::in, etc. 40. Power to direct treatment of animals affected with disease 41. Power to brand animals in quarantine, etc. 42. Power to enter land and erect fences for quarantine purposes 43. Gates opened or left open 44. Delegation of powers 45. Recovery of fees and moneys due 46. Power to detain anim:11; pending payment of fees 47. Sale of animals where fees not paid 48. Reporting of deaths of cattle 49. Cattle registers 50. Duty to give information 5 I. Infected area adjoining Malawi 52. Movement of animals may be prohibited 53. Publication of orders LAWS 01-· i\lALAWI Control and Diseases of Animals Cap. 66:02 Diseosc,· of A11i111,ils Ride~ DISEASES OF ANll\IALS RULES deemed to be made under s. 8 [made tmder s. 9 (Jf the Diseases o( Animals Ordi11a11re, 1922. No. 15 of 1922 (noll' repealed)] 13 [Subsidinr}') c; N. 79/1921 231 /!924 14/)933 11/1934 109/ l 944 91/1950 147/19~0 Ord. 8 of 1951 s. 23 aml Sch. G.N. 22/1%J 50/! 963 9/l 964(N) I /1965 234/1961! J. These Rules mav be cited ~1s the Disoascs of Animals Citati,,11 Rules. 2-16. [Repealed by 234/1968] QUARANTINE AND OTHER TREAH1ENT OF AN!MAL AFFECTED BY DISEASE OR WIIICII Alll SUSl'LCITD OF BUNG ArITCTED 17. A veterinary ollicer or inspector investigating a reported or suspected outbreak of disease shall, if he is of opinion that any animal or animals are infected with anv disease. or has reason to believe that any animal or animais have been exposed to infection, forthwith cause the said animal or animals to be isolated (if such has not alreadv been done) or dealt with in such other manner us he may deem· c.,pc'dicnt in order to prevent the spread of such disease. provided that an inspector shall not cause any animal to be slaughtered except on the instructions of a veterinary ol1ker; and may dirt:ct that no other animals shaH be brought or allowed to remain on any part or the estate. farm. land or area which has become infected. Duties oC vctcrinan olliccr ,111d ln~pc-..:tor 18.-(1) Any veterinary ofliccr or inspector may, at any time, Power tl, require any animal to be spraved. dipped, wa~hed or otherwise require an) d . · f' d · I d . d · ~ f · ·1, animal to be ism ecte , mocu ate , or to un ergo a per101.1 o quarantme, 1 disinfcctcJ he should consider the same to be necessary in order to prevent and to take the spread of disease, blood (2) Any veterinary officer may, for the purpoie of detecting or diagnosing disease, take or cause to be taken from any animal blood smears, or apply such other tests as be may consider necessary. 19. When stray animals are found to be suffering from disease (a) they shall, if found on private land be confined and isolated by the owner and occupier of the land as near as smears, etc. Stray anirnals found suffer ing from disease L.R.O. 1/1969 [Subsidiary] LAWS OF i\1ALAWI Cap. 66:02 Control and Diseases of' A11i111als Diseme.1· ol Anii·r,d, Rules pmsibk to tl1e place where the~ l1ave been found. or if found on any public or customary land. or any road. he confined and isolated at such place near to that at \\ hich they h;i\T been found a,; any veterinary otlicc,·. insrcctL,r. p<1licc nfliccr or administrative officer may direct: (b) all animals which h:l\c been in contact \,ith such stray animals and which hv reason of such contal"l h,l\e become liable to infection, sh~ll be quarantined. ;1111.l the ,mncr of the stray animals shall pay to the owner of the animals quaran tined all expenses incurred by reason of such LJLI<ll·,mtinc; (c) the person detaining: any such stray animal ~hall forth. with cause the nearest inspector or police ofliccr to be notified of such detentinn. LAWS OF l\L\LAWl Comrol and Diseases of Animals Cap. 66:02 17 Di,e11J·es of Animals Rules [Subsidiary] 20. Whenever any travelling or stray animal shall be detained Payment for in quarantine on any occupied land, by rcuson of the appearance use of private 1::in<l of disease amongst such animals, the owner of the animals shall 10 quar.m be liable to pay to the occupier or the land for the use of the •!ne travcl land, such sum not excecdiirn 20 tambala per chem in respect of 1111~ 01 st rny each animal, during the peri()d it is so detained in quarantine, as arnma s the Chief Veterinary Officer shall determine. 21,-(1) The occupier of lund finding the carcass of .any stray livestock on his land. shall either cause such carcass to be buried or burned, or give notice of the presence of such carcass to the police, and in such last case shall take all reasonable precautions to prevent such carcass being disposed of otherwise than by being burned or buried, pending the arrival of the police. (2) The police. on receiving notice of the presence of the carcass of any stray livestock upon any public lund or customary land or private land or upon any public road, shall take immediate steps to have such carcass buried or burned and shall notify the sam.e to the ncnrcst veterinary officer. (3) Any expenses incurred by the police or the occupier of land in, or in connexion with, the disposing of a carcass as required by this rule, may be recovered from the owner thereof as for work done on his behalf at his request. 22, No person other tlwn a veterinary offiocr or inspector or a person acting on the instructions of a veterinary officer or inspector, shall rcmo\·c or aHl.!mpl lo remove any animal which has been buried or. except for the purpose of burial or burning, any carcass which has been ordered to be buried or burned, in pursuance of the Act or of any rule, order or direction there under. 23. No person shall remoYc from any infected area, or from any place on which animals arc detained in quarantine, any grass or other herbage. dung. litter. fodder or earth. except with the sanction of the veterinary oJlkcr in chargi; of such area or placi:. CO.\IPULSORY DIPPING Dl'Slnu.:lio11 of ca rcasscs of stray livestock Carcass or ,arcasscs not to be n.'movcd Grass and hcrh;igc not to be removed lrom infected land 24. The Minister may. by notice published in the Ga:ette, Compulsory order compulsory dipping of any animal to he named in the dipping notice from such dilte as he may prescribe within the w110lc or any portion of any area, or may suspend compulsory dipping with such area absolutely, or for such time or in regard to such animuls as he may deem fit. L.R.O. ///9SO 18 [Subsidiary J Construction of dipping tanks may be ordered Powers of inspectors Penalty for failing to dip animal~ in areas not exempted Intervals of dipping Power to l<"mpornrily exempt from compulsory dipping LAWS OF MALAWI Cop. 66:02 Control and Diseases of Amina!.\· Diseuses of Animals Rules 25. The Minister may, within any area in which compulsory dipping has been ordcredi by notice served by post require the owner of not less than one hundred head of cattle, within a time to be specified in the notice, to construct an efficient tank for the dipping of his cattle. Any owner afon::~aitl failing without reasonable excuse to construct such tank within such time shall be liable to a fine of K40. · 26. Every veterinary officer and inspector shall have power and authority to inspect any animals at any time and to take or require to be sent to him at the office of the adrninistrative officer a sample or samples from the contents of any dipping tank. Any person who shall refuse to allow a veterinary officer or inspector to enter upon any land or to examine animals, or who shall refuse to send a sample or samples of the contents of any dipping tank when lawfully required so to do, or who shall impede. or hinder or attempt to impede or hinder a veterinary officer or inspector in the execution of his duties, shall be liable to a fine of K40. 27. An owner or person having the care or charge of animals in an area where compulsory dipping is in force wlio shall fail Jo dip his animab, unk:ss exempteu in terms of rule 30, shall be liable to a fine of K200, or, in default of payment, to imprison ment for twelve months. 28. An owner or person having the care or charge notwith standing that his animals are free from tick-infestation, shall be liable to the penalties prescribed in the last preceding rule if it is shown that he has failed to dip them at regular intervals of seven days or such shorter intervals as may have been prescribed by the Chief Veterinary Officer: Provided always that if it shoulJ uppcnr thut it was im.possiblo or inexpedient to dip such animals within seven Jays or such shorter intervals as aforesaid, the onus of proof of which shall be on the owner, the said intervals may be excceucd, but in no case beyond fourteen days in all. 29. The Chief Veterinary Officer or any person duly authorized by him thereto in writing m~1y, for consideration of weather, drought or condition of the animals, or for other causes beyond the control of the owner or person having the care or charge thereof, temporarily exempt owners or persons having the car~ or charge of animals in any areas from rule 27 hereof, and may during such period prescribe the intervals of dipping. A list of all exemptions granted under this rule shall be posted, whilst in operation. at the administrative officer's oflice and all police stations in the District and at the inspector's office in the area in LAWS OF \T.\LAWI Cnntro! rmt! nisl'nsrs of Animol~ Cap. 66:112 DisciL\<'S o( Anin;u/s R11/n which the animals affected arc locntcd. No movement of animnls shall be permitted from any area in which exemption from dipping under this rule is in force. unless the animals arc twice dipped within fourteen Jays immcdi:1tely prior to removal. 30. The !vlinister may, by 1wlicc publishctl in the Ga:::ctte, temporarily e\empt persons li\i11g in areas chiefly inhabited by Africans from the obligations of rules 27 and 28 hereof until such time as the Minister may be satisfied that arrangements have been made to dip the anim:ds in such areas. 31. No movement of aninnls from areas exempted in terms of rule 29 shall be permitted e\cept at points of exit fixed by the Minister by notice published in the Ca::ctte, after such period of detention and dippin.l! at such points as may be from time to time prescribed. 32. The owners of land, on which African owners of animals reside. may be required by the 'Minister to provide facilities, including the erection and maintenance of efficient dipping tanks and the provision of effective tick-destroying agents, for the dipping of such anim:ils on terms and conditions to be approved of by l1im. Any owner of land failing to mnke provision as aforesaid shall be liable to a line of K40, but the payment of such fine or the undergoing of imprisonment in default thereof shall not relieve the said owner oC his obli!!ation to provide the said facilities. 33. Should any person. C\\ ner or land or ;mimals be absent from or not haYc a rcprcscnt(1ti\c in J\ltdlt\\i having authority (o carry out the requirements or these Rules, the Minister may authorize the due perform:1m:c of such requirements in such manner as he may deem c\pedient. and ,lily disbursements thereby incurred shall be 1-ccn\crablc by imrncdiatc llislrcss aw.l sale or at the option of the l\tinister as a civil debt. 34. The 1\linistcr may pn,.,ide dipping tanks for public use, and fix or approve a scale of fees for the dipping of animals in such tanks and may further regulate the charges to be made and levied by the owners of pri\'atc dipping tanks in respect of the dipping thereat of animals belonging lO others. 35. The Chief Veterinary Officer or any pe1•s011 duly authorized by him may from time to time stipulate prciwutionary measures to he taken by any owner of cattle or his rnpresentativc before cattle are permitted to be dipped in any dim>ing tank provided for public use. 19 [Subsidiary} Power of Mini,lcr to tcmpmarily exempt per~on~ Ji,·ing in African areas Movement of anim:ils from exempted arc;:is rower to rccinre rrovi,ion of dippi11g farilitics l\111 er 01· (,01 cr1rn;cn! to ;1,l Oil hch:illnl ab.,cnll'l' 0\\'IJCIS Pro-\ i:--ion of dippinr; tanks in CCI lain HCilS 1'1 ccau tio11arv measures L.R.O. 1/1980 20 [SulJsidiaQ] Po11cr to prnhibit c,;hibition and public sale of stock Disinfcctiot1 of I aihvav truck,, load i11s pcns, etc, Sk>ck sale vards (o be cleansed and ct i sin fc.:-tcd Tcstin~ with nnllcin, etc. Po,1 er lo d11c.:t treat ment ot :mi mah affected with disease l'o\\er to brnnrl :mimals in quarantine, etc. Power to enter land and cred fcnc~, !'or quarantine µu1pv,e~ LA \VS OF t\L\LA \Vl Cap. 66:02 Comrol and Diseases of A11i11w/s Diseases of A11i111a/ 1 Rules MISCELLANEOUS 36. The Chief Veterinary Officer with the sanction of the Minister first obtained may, for the purpose of preventing the spread of any disease, prohibit in any District or portion thereof, the holding of any exhibition of livestock or the sale of livestock in open markets or in private sale yards. 37. Every railway company shall cause all its railway trucks, which have been used for the transport of li\estock, and all lo::idinr; ~nd unlowlinp; pens .1nd cnclosurf's :111d cvcrythinp cnn nectcd therewith, to be disinfected by being S\\CJ)t and washed thoroughly with lime wash before being again used for the conveyance of stock. 38. All public markets for livestock and private sale yards and all structures and enclosures connected therewith in, which live stock have been confined sh::dl, if considered advisable by a veterinary ofTicer, be cleansed and disinfected at the close of each Jay. This cleansing shall be carried out to the satisfaction or any officer of the Veterinary Department inspecting the same. 39. Testing with mallein and tuberculin, inoculation for rinderpest o; pleuro-pneumonia, ovi11ation (vaccination against sheep pox), and such other technical operation as the Chief Veterinary Officer shall from time to time notify. shall only be carried out under the immediah:: directions of ,1 veterinary officer, or in such other manner as the Chief Veterinary Ollicer may direct. 40. It shall be lawful for the Chier Veterinary Officer in any cnse when he shnll think fit for the purpose nf preventing the sprcJd of disease, to order that no person other than a veterinary officer or a person acting under thi; directions of a veterinary officer, shall treat any animal or animals which is or are infected willi ;1 1:untdgiuus ur infei.:liuu~ di~east:. 41. A veterinary officer may cause any animal or animals within an infected area or which have been placed in quarantine to be branded with a registered Departmental brand. 42. The CJ1ief Veterinary Officer or any person nuthorized by him may, for the purpose of restricting the movement of animals for the purpose of quarantine, enter upon any land, whether privately owned or not. and may erect and maintain thereon any fences, notice boards, or beacons, and may rcn1<we any fence, notice board or beacon so erected. LAWS OF J°\IALA\\f Control and fJiscases nf A11i111a/s Cap. 66:02 Di.;m,,, a( A11i111a/s lfolc.1 43. No rcrson shalL in anv infected area or on any land on which animals arc kept in quar:mtinc, open :111d leave- open any gate in any fence erected to n:strict the movement of cattle or for the purposes of quarantine. 44. Whenever the Chief Veterinary Officer shall be temporarily absent from the head office or the Veterinary Department, the officer for the tinw heinr in ch:1rec :it such office nrny, suhject to any general or special instructions fron1 the Chief Veterinary Officer, exercise or perform ;my of the powers or duties conferred or imposed on the Chief Veterinary Officer by these Rules, or any other Ruic for tl1e time being in force under the Act. 45. The Chief Veterinary Officer, or any veterinary officer authorized by the Chief \'ctcrinai;y OfTiccr in this bchulf, may sue on behalf of the Veterinary Dcpartmrnt for ,any fees or moneys due to the Government for N in respect of anything done under or by virtue of the Act or any Rules under the Act. 46. It shall be lawful for :tny veterinary oJTiccr to detain or direct the detention of any anim:il in respect of which services have been rendered by the Veterinary 1Jcpurtmcnt, until the fees payable in respect of such services, togell1er with any expenses incurred by the Government by reason of such detention, have been p:iid. 47. Whenever the owner of :rny animal in respect of which services haw been rendered by lhc Vdcrinary Department is uukl!u1111 or -:an11ol be found, and \Yhcncn:r ll1t: owner of ,111y animal in respect of which such services have been rendered has, after demand made. neglected to pay for the services rendered and to remove the :inimal. the Chief Vctcrin:1ry Officer m:iy cause such animal to be scild by public auction and shall, after deducting any moneys due for services rendered and the expenses of and in connexion with the sale-. pay the balance of the proceeds of the sak: tu tht: uwncr i11 default. ur, if tlm owner uf the anim,d sold is not known or cannot be found, the balance (if any) as aforesaid shall be paid into the Consolidated Fund: Provided that if in such last case any person shall, within two years of the sale, pron: that he \\as the owner at the date of the sale of such animal sold, he shall be entitled to receive the amount of Lht: bahrn-:.: so paiLl intu the Con:,;uliLlateu Fuml. 48. The Chief Veterinary OITiccr may at his discretion, after due notification in tl1e Ga::et1e, declare it compulsory in any District for all people owning or in charto of cattle to inform 21 [Sulisi<l iar~] Gate npc11cd ,,r left o[)Cn Delegation of pc111cr, Recovers of fees amf moricys due Pm1cr of dciain 8.nirn.-d..:;: pending payment of recs S,ile of nninwh whnc rec, not p:1id Reporting of dc,1lh< nf cnttlc L.R.O. 1,'1980 22 [Subsidiary] Cuttle rcgbters Duty to give informntion Infected area adjoin• in t\hla,,·i rvlovement •Jf animals rna1· be prohibited Pub!ic;:ition of onlcrs LAWS OF i\lALA\Yl Cap. 66:02 Control and Diseases c~( Animals Compulsory Dipping i\'orice imme1fo1tely the Chief Vetr'.ritrnry Officer or ncnrest veterinary officer of any deaths occurring among such cattle. 49. The Chief Veterinary Officer may at his discretion, after due notification in the Ga::et'1:', cause to he kept within any District or area a register of all cattle ,vithin such District or area and shall furnish each owner of cattle with a copy of the entry of registration relating to the cattle of such owner. 50. For the purpose of enabling the register above prescribed to be made and kept, every ovmer or person in ch:ugc of cattle shall give to the Chief Veterinary omccr or other person duly authorized by him all infonnation which the Chief Veterinary OffLcer or such other person may require. If any owne1; or person in charge of cattle shall neglect or refuse to give such information as aforesaid when lawfully demanded, or shall wilfully give false information, he shall be deemed to have committed an offence against these Rules. !vl0VEMENT OF ANIMALS WITHIN JvlALJ\\\'I o:-.: OU1BREAK OF DISEASE IN TERRITORY 1-\DJOI;-.;1NG tv!ALA\\'I 51. The Chief Veterinary Officer shall, if he is credibly infonned that any area adjoining Mal~n,,i has become infected with a disease, cause n notice lo be published in the Cu::c((c to thnt effect. 52. After the publication of a notice under rule 51, the Chief Veterinary omcer may, by order under his hand. prohibit the movement of animals into, out of, within or through any District in Mala,vi in ,vhich, in his opinion, there is a risk of the spread of such infection, subject to such conditions as he may specify in such order. 53. All orders made by the Chief Veterinary Officer under rule 52 shall be made known in the District affected thereby by being affixed to the notice boards of administrntiYe and Chiefs' headquarters therein and in such other manner as the Chief Veterinary Officer shall consider necessary.