Animal (Lenience and Welfare) Act of 2015

1 In the Name of Allah, the Gracious, the Merciful The Animal ( Lenience and Welfare) Act, 2015 Chapter I Preliminary Provisions Title and commencement 1. This Act may be cited as the "Animal (Lenience and welfare) Act, 2015", and shall come into force as of the date of signature. Application 2. The Provisions of this Act, shall apply to all forms of dealing with Animals. Interpretation 3. In this Act, unless the context otherwise requires : "Animal", means all the vertebrates ( non human) and bees; "Animal of carriage and draw", means the Animal works in carrying goods, and human and drawing carts, and other things, and it includes, horses, donkeys, mules, camels, and cattle; "Animal lenience", means preserving the safety, health and comfort of the Animal and not expose it to pain, hunger, thirst, fear, and 2 provocation and provide medical treatment and protect it from diseases and not exhausting the Animal in work; " Administration", means the General Directorate of Animal health and Epizootic diseases control; "Competent body", means the Under-secretary of the Ministry of Livestock, Fisheries and Rangelands; "Euthanasia", means killing the Animal with humanity, to ensure non exposure to pain and torment as much as possible; "Facilities", mean any place, where Animal is being kept, held, imported, raised, slaughtered or medically treated, and it includes the private residences where Animal is kept and the scientific research institutes; "Genetic Engineering", means the branches of biotechnology, which specializes in technologies and methods by which genetic substance ( DNA) could be reconstituted ; "Invigorator", means industrial material used to increase the activity of muscles 3 or physical efficiency to obtain physical athlete achievement by abnormal and illegal methods. "Means of conveyance", means any land, sea or air conveyor; "Minister", means the Minister of Livestock, Fisheries and Rangelands; "Ministry", means the Ministry of Livestock, fisheries and Rangelands; "Stray Animal", means the abandoned Animal which is ownerless; "Transportation of Animals", means transporting the Animal on foot or by different means of transportation whether car, trains, ship, airplanes or any other means of transportation; "Veterinarian", means any person holder of the qualifications required and being registered under the provisions of the Sudanese Veterinary Council Act; "Wild Animal", means any vertebrate and its young's, or reptiles or its eggs and its young's, or bird, its eggs and young's, where human did not interfere in the 4 style of its life, and does not depend directly on human on its living and does not include any vertebrate, or tamed bird, or reptile or the fish; Chapter II Functions and powers of the Competent bodies 4. The authority bodies shall have the following functions and powers : (1) (a) entering any facility for the purposes of inspection, where it had knowledge, that any Animal has been subjected to suffering or harassment or disease, or being raised in a way inconsistent with the provisions of this Act, and shall take the permission of the competent General Prosecutor in case of houses; (b) examine any Animal inside the facilities and conduct experiments or taking samples, believed to be necessary and shall give part of the sample to the breeder or the person responsible for the Animal where they so request, and they shall assist the Competent administration in fettering the Animal and submit any information or documents relating to the Animal being requested thereof; (c) lay down the scientific standards and propose plans and programmes related to Animal Lenience and Welfare in various aspects; 5 (d) review the Act and its regulations, whenever it is necessary; (2) The Competent body may delegate its power to the Competent administration. Chapter III Animal treatment and prohibited acts Transportation of Animal 5.(1) An Animal shall be transported in a way, that ensure its safety and non-exposure to injuries or harm. (2) The regulations shall determine the terms and special specifications in loading, transporting, unlade and feeding of the Animal during transportation and any other special terms concerning the means of transportation, in accordance with the Constitution of Land Animals issued by the World Organization for Animal Health. Treatment of Animal 6.(1) Treatment of Animal shall be by, or under supervision of the Veterinarian. (2) Surgical operations for an Animal shall be conducted under general or local anesthesia, and in a place medically prepared for the particular surgery, by a Veterinarian. Duties of the owner and the Animal breeder 7.(1) Owner and Animal breeder, as the case may be, shall take all the necessary safeguards for not harming the Animal; 6 (2) Subject to the provisions of sub-section (1), the owner and the Animal breeder shall consider the following: (a) species of Animal, degree of growth, adaptation, breeding and its needs, in accordance with the experience and scientific knowledge; (b) not to release any Animal under his custody, and where there is desire to dispose of the Animal, it shall be delivered to the Competent administration, and Euthanasia is allowed for the Animal as determined by the regulations issued under this Act; (c) provide sufficient number of workers of experience and relevant professional and practical competence, to take care of the Animal under his care and supervision; (d) examine the Animal under his supervision and care , and inspect its condition once a day at least; (e) provide food, drinking water, medication and the complete care for the Animal during rearing, or transporting, or exporting and not expose it to malnutrition. (f) feed the Animal with full forage which is suitable to its age and species and in sufficient quantities that make the Animal in good health and meet its nutrition needs. Restoration of Animal to its owner 8. There may not restore any Animal which has been impounded and transferred for treatment to the owner, save after recovery on the condition of payment of transportation, treatment and food costs. 7 Conduct of Experiments on Animal 9.(1) The following may not be, to : (a) conduct the unnecessary experiments on Animal which causes physical or psychological pain or affect its health and be violation to the Animal rights, whether commercial or any other kind of experiments; (b) use of Animal for scientific experiment purposes, save after obtaining license from the Competent administration. (2) The Competent administration shall have a database with respect to the usage of Animal for scientific purposes inside the Sudan. Free movement 10. There shall be provided a sufficient space for the Animal to meet its physical and behavioral needs and its residence shall be roomy, covered, well-lit, clean and safe. Animal working hours and cleanliness 11. The regulations shall determine specific working hours for the use of the Animal, and its strength shall not be exhausted and shall be provided with food, rest and cleanliness. Organizing exhibits 12. There may not be organized public exhibit or competitions, or Animal shows for commercial purposes, or any other 8 purposes, save after obtaining a written assent of the Competent administration, in accordance with the regulations issued under this Act. Prohibited acts 13. There shall be prohibited the following acts: (a) use violence against the Animal, or hitting, or expose to frightening, or use any machine or means which may lead to harm the Animal physically and psychologically; (b) overload the Animal, during transportation, or drawing or riding; (c) use a sick Animal for drawing, or pulling, or riding, or race, or slaughter or export; (d) poisoning a wild Animal, or placing poison in the river, or canal or swamp or basin to kill the Animal; (e) use of cauterize or marking in places that may affect the health of the Animal; (f) leave a dead Animal in the road or in the open or other; (g) encourage the Animal to fight and expose it to hostility against the other; (h) use the Animal in entertaining artistic shows which causes injury to the Animal; (i) use the genetic engineering to modify the genetic substance, qualitatively and quantitatively, if it may expose it to danger; (j) use of invigorator; 9 (k) any act, which leads to mass death of wild, or sea Animal or birds, shall be deemed an offense against Animals. Chapter IV General Provisions Slaughter of Animal for human consumption and protecting Animal in the shambles and markets 14.(1) Slaughter and skinning operations of Animal for human consumption, shall be in the approved abattoir or shambles, in accordance with the approved technical specifications. (2) Treatment of Animal at shambles and markets shall be with the necessary lenience, in accordance with the regulations issued under this Act. Killing sick Animal 15. The regulations shall determine the mode of Euthanasia of sick Animal. Use of the Animal 16. The Competent administration shall examine, the Animal, that use for sport, or in circus, or in zoos, or practiced race, by a medically and veterinary, to ensure non-exposure of Animal to pain or pressure. Wild Animal 17. The Wild Animal shall have the right to leave freely inside the natural environment, in which it exists, and experiments 10 shall not be conducted on, without the permissible safeguards, in accordance with the Game Preservation and National Parks Act, 1986. Stray Animal 18.(1) When finding a stray Animal, the Competent administration, may assume the following : (a) detain it, where it causes danger, or suffering from pain or annoy; (b) refer to the veterinarian for check, where it suffers from pain or annoy; (c) where the owner is identified, he shall pay all expenses spent on the Animal. (2) Stray Animal welfare shall be considered, and dispose of without causing harm; (3) Treatment of Stray Animal, shall be in accordance with the regulations issued under this Act. Chapter V Final Provisions Penalties 19. Whoever violates the Provisions of this Act, shall be subject to imprisonment, or fine, or with both and confiscation. Power to issue regulations, rules and orders 20. The Minister, may issue the necessary , or rules, or orders to implement the provisions of this Act, without prejudice to 11 the generality of the foregoing, such regulations and orders may include the following matters : (a) transport of Animal and fish; (b) procedure of detention and control of the Stray Animal; (c) Euthanasia and proceedings of killing the Animal during epidemics; (d) procedure of protecting the Animal in shambles, market and slaughter for human consumption; (e) draw Animals and it loads; (f) procedure of using Animal in researches , education and organizing the exhibits; (g) any other regulations, assist in implementing and applying this Act.