Animal Identification (General) Regulations, 2020 (S.I. 84 of 2020)

GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT NO. 84 OF 2020 The Animal Identification Act (Act No. 28 of 2010) The Animal Identification (General) Regulations, 2020 ARRANGEMENT OF REGULATIONS Regulations 1. Title 2. Interpretation 3. Application for animal identification mark 4. Recommendation by veterinary officer 5. Request for additional information 6. Rejection of application 7. Issue of certificate 8. Amendment of certificate 9. Application for duplicate certificate 10. Suspension of certificate 11. Revocation of certificate 12. Renewal of certificate 13. Animal owners that qualify to hold more than one certificate 14. Obligation of owner 15. Composition of animal identification mark 16. Approved animal identification mark 17. Position of animal identification mark 18. Notification of births, deaths and other movements of animals 19. Animal bearing more than one animal identification mark Supplement to the Republic of Zambia Government Gazette dated Friday, 30th October, 2020 507 Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K44.00 each. 20. Transfer of animal identification mark 21. Transfer of ownership of animal 22. Fees 23. Transitional provisions SCHEDULES 508 Statutory Instruments 30th October, 2020 IN EXERCISE of the powers contained in section 22 of the Animal Identification Act, 2010, the following Regulations are made: 1. These Regulations may be cited as theAnimal Identification (General) Regulations, 2020. 2. In these Regulations, unless the context otherwise requires— “certificate” means a certificate of registration of the identi fication mark issued under these Regulations; “eartag” means an approved tag bearing a mark placed on the ear of an animal; “batch number” means a farm registration number used as an identification mark for a group of animals that cannot be physically identified individually; “brand mark” means the impression of a letter, sign or character branded on a cattle, or donkey or any other animal; “holder of a certificate” means a person to whom a certificate has been issued under these Regulations; “local authority” has the meaning assigned to the words in the Constitution; “owner” means an individual or establishment to which an animal legally belongs; “unique number” means a number that accompanies the herd brand mark for the purpose of achieving individual animal identification; “special animal identification mark” means an identification mark customised by an owner and approved by Registrar; and “tattoo” means a mark or figure fixed on the body part of an animal by insertion of pigment under the skin resulting in a permanent mark on an animal for the purpose of identifying an animal. 3. (1) An owner shall apply to the Registrar for the registration of an animal identification mark in Form I set out in the First Schedule on payment of the fee set out in the Second Schedule. (2) An application under subregulation (1) shall be accompanied by— (a) a clearance from Zambia Police Service and local authority or traditional authority in the area in which the animal is kept; and 30th October, 2020 Statutory Instruments 509 Title Interpretation Cap. 1 Application for animal identification mark (b) details of the animal in Form II set out in the First Schedule. (3) An application under subregulation (1) shall be submitted at the veterinary office in the district where an animal is kept. 4. A veterinary officer in the district where an application is submitted shall, where the applicant meets the requirements under these Regulations, recommend to the Registrar the approval or rejection of an application. 5. The Registrar may request an applicant, in writing, to submit additional information relating to an application under regulation 3. 6. (1) The Registrar shall reject an application if the applicant (a) fails to meet the requirements under these Regulations, the Act or any other written law; or (b) submits false information. (2) The Registrar shall, where the Registrar rejects an application under subregulation (1), inform the applicant, in writing, of the decision stating the reason thereof. 7. (1) The Registrar shall, where the application meets the requirements under these Regulations— (a) allocate an identification mark to the applicant; and (b) issue the applicant with a certificate in Form III set out in the First Schedule. (2) A certificate issued under subregulation (1) is valid for five years. 8. (1) A holder of a certificate shall apply to the Registrar to amend the certificate in Form IV set out in the First Schedule on payment of the fee set out in the Second Schedule. (2) The Registrar shall, where an application under subregulation (1) is approved, issue an amended certificate to the applicant for the remainder of the validity period of the original certificate. 9. A holder of a certificate shall, where a certificate is lost, damaged or defaced, apply to the Registrar for a duplicate certificate in Form V set out in the First Schedule on payment of the fee set out in the Second Schedule. 10. (1) The Registrar shall suspend a certificate of registration if the holder of a certificate— (a) contravenes the Act, these Regulations or any other relevant written law; or 510 Statutory Instruments 30th October, 2020 Recommen dation by veterinary officer Request for additional information Rejection of application Issue of certificate Amendment of certificate Application for duplicate certificate Suspension of certificate (b) obtained the certificate by fraud or submitted false infor mation. (2) The Registrar shall, before suspending the certificate in accordance with subregulation (1), notify the holder of a certificate of the Registrar’s intention to suspend the certificate in Form VI set out in the First Schedule and shall— (a) give reasons for the intended suspension; and (b) require the holder of a certificate to show cause, within a period of not more than thirty days, why the certificate should not be suspended. (3) The Registrar shall not suspend the certificate under this regulation if the holder of the certificate takes remedial measures to the satisfaction of the Registrar within the period specified under subregulation (2). (4) The Registrar shall, in making a final determination on the suspension of a certificate, consider the submissions made by the holder of a certificate under subregulation (2). (5) The Registrar shall suspend the certificate in Form VII set out in the First Schedule if the holder of the certificate fails to show cause why the certificate should not be suspended or does not take remedial measures, to the satisfaction of the Registrar, within the period specified in the notice under subregulation (2). (6) Where a certificate is suspended under subregulation (5), an animal identification mark applied on an animal before the suspension of the certificate shall remain valid. 11. (1) The Registrar shall revoke the certificate if the holder of the certificate— (a) contravenes the Act, these Regulations or any other relevant written law; (b) fails to take corrective measures following the suspension of the certificate within the specified period; (c) obtained the certificate by fraud or submitted false information; or (d) voluntarily surrenders the certificate to the Registrar. (2) The Registrar shall, before revoking a certificate in accordance with subregulation (1) (a), (b) and (c), notify the holder of a certificate of its intention to revoke the certificate in Form VI set out in the First Schedule and shall— (a) give reasons for the intended revocation; and 30th October, 2020 Statutory Instruments 511 Revocation of certificate (b) require the holder of a certificate to show cause, within a period of not more than thirty days, why the certificate should not be revoked. (3) The Registrar shall not revoke a certificate under this regulation if the holder of the certificate takes remedial measures to the satisfaction of the Registrar within the period under subregulation (2). (4) The Registrar shall, in making a final determination on the revocation of a certificate, consider the submissions made by the holder of a certificate under subregulation (2). (5) The Registrar shall revoke the certificate in Form VII set out in the First Schedule if the holder of the certificate fails to show cause or does not take remedial measures, to the satisfaction of the Registrar, within the time specified in the notice under subregulation (2). (6) A holder of a certificate shall, where the certificate is revoked, immediately cease to use the animal identification mark and surrender the certificate and the identification mark to the Registrar. (7) Where a certificate is revoked under subregulation (5), an animal identification mark applied on an animal before the revocation of the certificate shall remain valid. 12. (1) A holder of a certificate shall apply to the Registrar, at least ninety days before the expiry date of the certificate, for renewal of a certificate in Form I set out in the First Schedule on payment of the fee set out in the Second Schedule. (2) The Registrar shall renew a certificate if the holder of the certificate has complied with the terms and conditions of the certificate. (3) The Registrar shall, where the Registrar refuses to renew a certificate, notify the applicant in writing. 13. The Registrar shall issue more than one certificate to an owner of animals that are located in different districts in respect of those animals in each district. 14. An owner of an animal shall— (a) use a registered animal identification mark issued by the Registrar; (b) mark an animal with an identification mark approved by the Registrar within six months of birth of an animal; and 512 Statutory Instruments 30th October, 2020 Renewal of certificate Animal owners that qualify to hold more than one certificate Obligations of owner (c) apply a unique number on the animal. 15. An animal identification mark shall comprise a symbol, number or alphabetical letter or any combination thereof in a pattern designed by the Registrar. 16. The approved animal identification marks are— (a) brand mark for cattle, horse and donkey; (b) tattoo mark for cattle, goat, sheep, pig and donkey; (c) eartag mark for cattle, goat, sheep, pig and donkey; (d) microchip mark for any animal in addition to a visible animal identification mark; (e) collar mark for a dog and cat; (f) batch number for bees, poultry, fish and wildlife; and (g) special animal identification mark for cattle, goat, sheep, pig, horse and donkey. 17. (1) An animal identification mark shall be placed on an animal on either the right or left shoulder or outer thigh of the animal. (2) An ear tag shall be placed on both ears of an animal. (3) A tattoo shall be applied on the surface of an ear or any part of the body of a pig. (4) Where an identification mark cannot be physically placed on a type of animal, a batch code assigned to the farm or establishment or any other identification mark assigned by the Registrar shall be used on that type of animal. 18. (1) An owner shall notify a veterinary office within one month of an animal— (a) being added to the establishment or farm; (b) being born; or (c) having died or left the establishment or farm. (2) An animal that has relocated from one district to another shall maintain and use the same animal identification mark, except that the owner shall submit to a veterinary officer the details of that animal in Form II set out in the First Schedule. 19. An animal shall not, without the authority of the Registrar, have more than one animal identification mark. 30th October, 2020 Statutory Instruments 513 Composition of animal identification mark Position of animal identification mark Notification of births, deaths and other movements of animals Animal bearing more than one animal identification mark Approved animal identification mark 514 Statutory Instruments 30th October, 2020 Transfer of animal identification mark 20. (1) A person who intends to transfer ownership of an animal identification mark shall apply to the Registrar in Form I set out in the First Schedule on payment of the fee set out in the Second Schedule. (2) The Registrar shall, within ninety days of receipt of an application under subregulation (2), notify the applicant, in writing, of the Registrar’s decision. 21. (1) An owner who intends to transfer ownership of an animal shall apply to the Registrar in Form VIII set out in the First Schedule on payment of the fee set out in the Second Schedule. (2) The new owner of an animal shall, where an animal is transferred, notify the Registrar, in writing, within thirty days of the transfer of ownership of an animal. 22. The fees set out in the Second Schedule are payable for the matters specified therein. 23. (1) An owner shall not, six months after the coming into operation of these Regulations— (a) present an animal for slaughter, sale, exchange or any other purpose without that animal having an identification mark; or (b) move an animal from, a veterinary camp to another district or from one province to another without that animal having an identification mark. (2) An animal bearing more than one identification mark before the coming into operation of these Regulations shall continue to have more than one identification mark as if the identification marks were issued under these Regulations. Transfer of ownership of animal Fees Transitional provisions FIRSTSCHEDULE (Regulations 3,7,8,9,10,11, 12, 18,20 and 21) Form I (Regulation3(1),12(1) and20(1)) Republic of Zambia TheAnimal IdentificationAct, 2010 (Act No. 28 of 2010) TheAnimal Identification (General) Regulations, 2020 APPLICATION FOR ANIMAL IDENTIFICATION MARK REGISTRATION FIRST TIME [ ] RENEWAL [ ] TRANSFER [ ] (Tick whichever is applicable) SECTION A:APPLICANTS PARTICULARS 1. Names 6. Province: Surname 7. District: Other names 8. Village/Address (Physical/Postal): 2. Sex: 3. NRC: 4. Phone number: 5. Email: SECTION B: OWNER /ESTABLISHMENT PARTICULARS 1. Names 6 Province: Surname/Establishment 7. District: Other Names 8. Village/Address (Physical/Postal): 2. Sex (Owner/Contact person): 9. 3. NRC/ID: 4. Phone number (Owner/Contact person): 5. Email(Owner/Contact person): 30th October, 2020 Statutory Instruments 515 SECTION C: FARM INFORMATION 1. Farm Name 7. Province 2. Chiefdom 8. District 3. Headman 9. Constituency 4. GPS Coordinates 10. Ward Latitude Longitude 11. Veterinary Camp 5. Village/Address (Physical/Postal) 12. Crush-pen/Dip-tank/Livestock Service Centre 6. Transhumance Area(s) (Alternative Grazing Area) Area(s): Length of Stay: 2ND or 3RD farm in different camp: 13. Farm/ Establishment Number 2ND or 3RD farm/Establishment No. DISEASE ZONE (Tick whichever is applicable) Applicable [ ] Not Applicable [ ] If not applicable go to section D DISEASE ZONE TYPE (Tick whichever is applicable) Infected Zone Buffer Surveillance FMD CBPP ECF 13. Name of Veterinary Camp Officer: 14. Name of District Veterinary Officer: SECTION D: ANIMAL INFORMATION 1. Animal type: 2. Number: Date of Application: Signature of applicant: 516 Statutory Instruments 30th October, 2020 SECTION E: Comments from Village Headman or Council in whose area animals reside or where Establishment is located: ……………………………………………………………………………………………… 1. Name Headman/ Council Official: 2. Date: Name of Headman’s Village/Council: Signature: SECTION F: Comments from Zambia Police in whose area animals reside or where Establishment is located: …………………………………………………………………………………………................... 1. Name of Police Officer: 3. Police Official Date Stamp: Name of Police Station: 2. Signature: SECTION G: TO BE COMPLETED BY DISTRICT VETERINARY OFFICER (Comments if any) 1. (a) GRZ General Receipt Number: 4. District Veterinary Officer Official Stamp: (b) Bank Name and Branch: (c) Bank Deposit Slip Number/Reference: 2. Recommended/ Not Recommended by: 5. VCZ Number: 30th October, 2020 Statutory Instruments 517 F o rm II (R eg u la ti o n 3 (2 ) an d 1 8 (2 )) R ep u b li c o f Z am b ia T h e A n im al Id en ti fi ca ti on A ct , 2 0 1 0 (A ct N o . 2 8 o f 2 0 1 0 ) T h e A n im a l Id en ti fi ca ti o n (G en er a l) R eg u la ti o n s, 2 0 2 0 A N IM A L IN F O R M A T IO N F O R M A ni m al ow ne rN am e: ... ... ... ... ... ... ... ... ... ... ... ... ... .N R C /P A C R A N O et c. ) F ar m er R eg is tr at io n N um be r: ... ... ... ... ... ... ... ... ... . P ro vi nc e (F ar m ): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .D is tr ic t( F ar m ): … ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . V et er in ar y C am p (F ar m ): ... ... ... ... ... ... ... ... ... ... ... ... .F ar m /E st ab li sh m en tN um be r: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. A ni m al T yp e :. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 518 Statutory Instruments 30th October, 2020 Form III (Regulation7(1)) Certificate No: ……… Republic of Zambia The Animal Identification Act, 2010 (Act No.28 of 2010) The Animal Identification (General) Regulations, 2020 ANIMALIDENTIFICATION CERTIFICATE This is to certify that, (Name) .…………....……………...................................................... ID NUMBER (NRC/PACRA No. etc.) …………….……………. situated at physical address ………………… in …………… district of …………… Province has been issued with an animal identification mark this ................ day of ………. 20 ….…….. at …..……… district in ………………………………….. Province. The certificate is valid until ………..... 20 …....... Animal Identification Mark ……………………………… …………………………….. Registrar OFFICIAL STAMP 30th October, 2020 Statutory Instruments 519 Form IV (Regulation 8 (1)) Republic of Zambia The Animal Identification Act, 2010 (Act No. 28 of 2010) The Animal Identification (General) Regulations, 2020 APPLICATION FOR AMENDMENT OFANIMALIDENTIFICATION MARK OWNER PARTICULARS SECTION A, B,C and D TO BE FILLED BY ANIMAL IDENTIFICATION OWNER SECTION A: To the Registrar, Animal Identification, I, ……………………………………………..(Particulars of the owner) 1. Animal Owner’s Names: 3. Animal Keeper’s NRC/ID NUMBER: 2. NRC/ID Number: 4. Farm /Establishment Number 3. Animal Identification Mark (s) SECTION B: ORIGINAL PARTICULARS SUBMITTED FOR AMENDMENT SECTION C: NEW PARTICULARS PROPOSED TO REPLACE ORIGINAL PARTICULARS IN PART B SECTION D: REASONS FOR CHANGING OF PARTICULARS …..…………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………….……………… ………………………………………………………………………………………………………………..………………….…… 520 Statutory Instruments 30th October, 2020 SECTION E: Attach Sworn in Affidavit SECTION F: TO BE FILLED BY THE LOCAL ZAMBIA POLICE SERVICE 6. Name of Zambia Police official 7. Signature of Zambia Police Official Zambia Police official Date Stamp SECTION G: TO BE FILLED BY DISTRICT VETERINARY OFFICIAL 8. Name of district veterinary official 9. Signature of district veterinary official District Veterinary official Date Stamp OFFICIAL STAMP 30th October, 2020 Statutory Instruments 521 Form V (Regulation 9) Republic of Zambia The Animal IdentificationAct, 2010 (Act No.28 of 2010) The Animal Identification (General) Regulations, 2020 APPLICATION FOR DUPLICATE CERTIFICATE (Tick whichever is applicable) Please complete in block letters Shaded fields for official use only Application No. Date and Time Information Required PART I: PARTICULARS OF THE APPLICANT 1. Certificate No.: 2. Name (s) of applicant: 3. Business address (Head Office): 4. Certificate Holder/ Responsible person: Operations 5. PART II: SUPPORTING DOCUMENTATION Submit an affidavit of loss, defaced or damaged of certificate and Police Report PART III: DECLARATION AND SIGNATURE I declare that the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I acknowledge that making a false or misleading statement in connection with this application is an offence punishable by fine or imprisonment. (a) Name: …………………………………………………………………………………..........................................……… (b) Designation: ……………………………………………………………………………............................................…… (c) Signature: ………………………………………………………………………………………………………………… Date: ……/…….…/………………..…….(dd/mm/yyyy) FOR OFFICIAL USE ONLY Date of Submission: …………………………………………………………………………………………………………………… Application No.: …………………………………………………………………………………………………….…………………… Payment Receipt No.: ……………………………………………………………………………………………………………………. Application Complete (Proceed to issue) ………………………………………………………………………..……………………… Application Deficient (Notify applicant on deficiencies): ……………………………….....................................................……………… OFFICIAL STAMP 522 Statutory Instruments 30th October, 2020 Form VI (Regulation 10(2) and 11(2)) Republic of Zambia The Animal Identification Act, 2010 (Act No. 28 of 2010) The Animal Identification (General) Regulations, 2020 NOTICE OF SUSPENSION/REVOCATION OF CERTIFICATE To: (1)............................................................................... ................................................................................................. IN THE MATTER OF (2)……….......................... you are notified that your certificate is intended to be suspended/revoked for a period (3)…………… on the following grounds: (a) ................................................................................... (b) ................................................................................... (c) ................................................................................... (d) ................................................................................... You are required to surrender the certificate to the Registrar immediately. Dated this.................... day of ......................., 20............... ............................................... Registrar *Delete as applicable (1) Here insert the full names and address of the certificate holder (2) Here insert the certificateNo. (3) Here insert the number of days stipulated DATE STAMP 30th October, 2020 Statutory Instruments 523 SECTION A TO BE FILLED BY OWNER SECTION A: To the Registrar, Animal Identification. I, ………………………………………………………………………………..(Particulars of the owner) 1. Animal Owner’s Names: 9. Province: 2. NRC/ID Number: 10. District: 3. Animal Keeper names: 11. Constituency: 4. Animal Keeper’s NRC/ID NUMBER: 12. Ward (where animals reside): 5. Address/Village: (Where animals reside) 13. Veterinary Camp (where animals reside): 6. Phone Number of owner/email 14. Crush pen or Dip tank name (where animals reside): 7. Headman’s names: (where animals reside) 15. Farm/Establishment Number 8. Chiefdom: (where animals reside) 16. Brand mark (s) Do transfer ownership of the following animals belonging to myself (Description of animals by Brand Mark(s)) : FormVIII (Regulation 21(1)) Republic of Zambia The Animal Identification Act, 2010 (Act No. 28 of 2010) The Animal Identification (General) Regulations, 2020 TRANSFER OFANIMALOWNERSHIP 524 Statutory Instruments 30th October, 2020 Do transfer ownership of the following animals belonging to myself (Description of animals by Brand Mark(s)) : …..…………………………………………………………………………………………………………………….……… ………………………………………………………………………………………………………………………………… ………………………………………………………………………………...……………………………………………… ………..…….………………………………………………………………………………………………………………… ………………..…….………………………………………………………………………………………………………… ………………..………….……… To (Particulars of the receiver) SECTIONS B: TO BE FILLED BY RECEIVER 1. Receiver’s Names: 9. Province: 2. NRC/ID Number: 10. District: 3. Animal Keeper names: 11. Constituency: 4. Animal Keeper’s NRC/ID NUMBER: 12. Ward: 5. Address/Village: (Where animals shall reside) 13. Veterinary Camp: 6. Phone Number of receiver/Email (if any) 14. Crush pen or Dip tank name: 7. Headman: (Where animals shall reside) 15. Farm/ Establishment number 8. Chiefdom: (Where animals shall reside) 16. Brand mark (s) SECTION C: TO BE FILLED BY OWNER, RECEIVER AND WITNESSES 10 . Signature of owner: 11. Date 11. Signature of receiver 12. Date 13. Witness for owner’s name 14. Signature of witness for owner 15 Witness for receiver’s name 16 Signature of Witness for Receiver SECTION D: TO BE FILLED BY DISTRICT VETERINARY OFFICIAL 30th October, 2020 Statutory Instruments 525 SECTION D: TO BE FILLED BY DISTRICT VETERINARY OFFICIAL 17. Name of district veterinary official 18. Signature of district veterinary official District Veterinary official Date Stamp OFFICIAL STAMP 526 Statutory Instruments 30th October, 2020 SECOND SCHEDULE (Regulation 22) PRESCRIBED FEES No. Nature of Fees Charged Fee Units 1. Application for Registration (First time) 333.34 2. Application for Renewal of Certificate 166.67 3. Application for a Duplicate Certificate 666.67 4. Application for Special Identification Marks 3,333.34 5. Application for Transfer of identification marks 666.67 6. Application for Cancellation of certification of registration 666.67 7. Amendment to certificate of registration 333.34 PROF. N. LUO, Minister of Fisheries and Livestock LUSAKA 27th October, 2020 [MFL/101/8/6] 30th October, 2020 Statutory Instruments 527 528 Statutory Instruments 30th October, 2020