ANIMAL BREEDING DEVELOPMENT ACT, B.E. 2509 (1966)

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. Unofficial Translation * ANIMAL BREEDING DEVELOPMENT ACT, B.E. 2509 (1966) In the name of His Majesty King Bhumibol Adulayadej, Sangwan, Regent Given on the 19 th Day of July B.E. 2509; Being the 21 st Year of the Present Reign. Whereas it is expedient to revise the law on development and conservation of breeds of cattle and beasts of burden; The King by and with the advice and consent of the Constituent Assembly in the capacity of the National Assembly, therefore, proclaims that an Act is hereby enacted, as follows: Section 1. This Act is called the “Animal Breeding Development Act, B.E. 2509 (1966)”. Section 2. 1 This Act shall come into force as from the day following the date of its publication in the Government Gazette. Section 3. The Development and Conservation of Breeds of Cattle and Beasts of Burden Act, B.E. 2479 (1936) shall be repealed. All other laws, rules and by-laws insofar as they have already been provided herein, or are in conflict or inconsistent with the provisions of this Act, shall be replaced by this Act. * Translated by Ms. Arriya Phasee under contract for the Office of the Council of State of Thailand's Law for ASEAN project. – Tentative Version – subject to final authorisation by the Office of the Council of State. 1 Published in the Government Gazette Vol. 83, Part 65, Special Issue, Page 1, dated 1st August B.E. 2509 (1966). DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 2 Section 4. In this Act: “animal” means a cow, buffalo and cattle or other kinds of beasts of burden as prescribed in the Ministerial Regulations; “reserved animal” means an animal which has been selected for reproduction; “animal breeding development area” means an area for animal breeding development as prescribed in the Ministerial Regulations; “castration” means an act by any means with the purpose of preventing an animal from reproducing; “animal owner” includes a person having an animal in his or her possession or a person controlling and taking care of an animal; “competent official” means a government official in the position of a veterinarian or animal husbandry affiliated with the Department of Livestock Development, or a person appointed by the Minister to execute this Act; “registrar” means a district veterinary officer in an animal breeding development area, or a person appointed by the Director-General by publishing in the Government Gazette; “Director-General” means the Director-General of Department of Livestock Development; “Minister” means the Minister having charge and control over the execution of this Act. Section 5. When the Minister finds it appropriate to conduct an animal breeding development in any locality, the Minister shall have the power to issue Ministerial Regulations: (1) prescribing animal breeding development areas; (2) prescribing the kinds of animals to be genetically developed; (3) prescribing the sex, ages, sizes, characteristics or habits of animals in animal breeding development areas for selection of reserved animals or animals that are not suitable for reproduction; (4) prescribing the criteria and procedures for selecting reserved animals and for withdrawing from being reserved animals. Section 6. In an animal breeding development area, a competent official shall have the power: DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 3 (1) to announce or issue a written order instructing an animal owner to notify the number, kinds, sex and ages of the animals. Such announcement or order may require an animal owner to bring his or her animals for inspection, size measurement and selection at a place within such animal breeding development area within a specified period of time; The announcement under the preceding paragraph shall be posted at the District Office and the Subdistrict Headman Office in the animal breeding development area. (2) to select animals to become reserved animals; (3) to withdraw animals from being reserved animals; (4) to select and castrate animals which are not suitable for reproduction or order an animal owner to castrate such animals within a specified period of time. In the case where the animal owner fails to comply with the order of the competent official, the competent official shall have the power to castrate such animals. Section 7. For the animal which has been selected as a reserved animal, a competent official shall place the letter “S” (Sor) on its body, and when its status of a reserved animal has been withdrawn, the body of such animal shall be additionally placed with the letter “Th” (Thor), in accordance with the criteria and procedures prescribed by the Director-General. Section 8. No animal owner may transfer the ownership of a reserved animal or act by any means to lose his or her possession of a reserved animal for a consecutive period of more than thirty days, unless a license from a registrar has been obtained. Section 9. No person may castrate a reserved animal, kill a reserved animal or send a reserved animal out of the Kingdom, unless a license from a registrar has been obtained. Section 10. No person may take a reserved animal out of an animal breeding development area, unless a license from a registrar has been obtained. Section 11. No person may bring an animal, which is outside an animal breeding development area, into an animal breeding development area, unless a license from a registrar has been obtained. The provision of paragraph one shall not apply to the case where an animal is brought to pass through an animal breeding development area with supervision to keep DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 4 the animal from being confused with other animals in the animal breeding development area. Section 12. The application for, and the issuance of a license under section 8, section 9, section 10 and section 11 shall be in accordance with the criteria and procedures prescribed in the Ministerial Regulations. Section 13. In the execution of this Act, a competent official shall have the power to enter a place or land of any person during the period from sunrise to sunset to conduct an inspection, size measurement, selection, castration or placing of marks on animals, but the competent official must notify the owner or occupier of such place or land and the animal owner beforehand. In this regard, the owner or occupier of the place or land and the animal owner shall render appropriate facilities to the competent official. Section 14. A competent official shall have an identification card in accordance with the form prescribed in the Ministerial Regulations, and in the execution of this Act, he or she shall produce his or her identification card upon request by the persons concerned. Section 15. Any person who violates an announcement or order of a competent official, obstructs or fails to provide convenience to a competent official who performs the duty under section 6, section 7 or section 13, or violates section 8 or section 9, shall be liable to imprisonment for a term of not exceeding one month or to a fine not exceeding five hundred baht or to both. Section 16. Any person who violates section 10 or section 11 shall be liable to a fine not exceeding five hundred baht. Section 17. The Minister of Agriculture shall have charge and control over the execution of this Act and shall have the power to appoint competent officials and issue Ministerial Regulations prescribing fees not exceeding the rates provided in the Annex of this Act as well as prescribe other acts for the execution of this Act. Such Ministerial Regulations shall come into force upon their publication in the Government Gazette. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 5 Countersigned by: Field Marshal Thanom Kittikachorn Prime Minister DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 6 DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 7 THE RATES OF FEES (1) Application for a license per copy 2 baht (2) License per copy 10 baht (3) Replacement license per copy 5 baht