Law No. 9308 on veterinary service and inspectorate

1 . REPUBLIC OF ALBANIA PARLIAMENT L AW Nr. 9308, date 04.11.04 ON VETERINARY SERVICE AND INSPECTORATE According to the articles 78 and 83, paragraph 1 of the Constitution, with the proposal of the Council of Ministers, The PARLIAMENT OF THE ALBANIAN REPUBLIC Decided: CHAPTER I GENERAL PROVISIONS Article 1 The present law disposes the organisation, functioning and financing of the veterinary service and inspectorate, the authority and the tasks of the veterinary administration. Article 2 PURPOSE OF THE LAW The purposes of the present law are: a. To protect and improve animal health from contagious diseases. b. To establish the procedures of monitoring, identification, diagnoses, prevention and treatment of animal diseases. c. To protect public health against zoonotic diseases transmitted from animals and their products to man; from residues in animal products used for human consumption. ç. To ensure the implementation of the sanitary-veterinary measures on the products of animal origin, unprocessed materials, foodstuffs, pastures and water for the animals. 2 d. To protect the reproduction capacity and to ensure the increase of production as well as animal breeding. dh. To provide environmental protection measures against pollution from infections, poisons and residues of harmful consequences to animals and man. e. To establish the procedures of training and information of the veterinarians, owners or animal holders and the public on veterinary matters. ë. To protect animals against cruelty and suffering and to provide their welfare. f. To protect fauna and aquaculture. Article 3 Definition of terms The following definitions of terms shall be applied for the purpose of this law: 1. “Veterinary Medicine” – means the field of science and practice, that study and control the protection of animals, the prevention of the diseases and zoonosis, diagnosis and treatment of sick animals, the control of production and processing of animal origin products, using of veterinary drugs, biological materials, and protection of the Albanian Republic territory from animal contagious diseases. 2. “Veterinarian” – is the doctor graduated in veterinary medicine, holding a veterinary licence to exercise his profession. 3. “Veterinary licence” – means a licence for the carrying out of the veterinary activity according to this law. 4. “Veterinary activity”- means the activity of a licensed veterinarian, which includes: examination of animal health, the diagnosis, preventive and treatment intervention, description of the drugs given to animals, sanitary inspection of the products of animal origin, and administrative veterinary activities. 5. “Veterinary technician” – is the non-graduated veterinarian, who carries out certain veterinary tasks under the supervision of a veterinarian. 6. “The Central Competent Authority”- is the Veterinary Directory in the Ministry of Agriculture and Food. 7. “The Local Competent Authority”- is the veterinary sector of the district. 8. “Animals”- means ungulate (horses, donkeys, mules), bi-ungulate (cattle, buffaloes, sheep, goats and pigs), poultry (chickens, ducks, gooses, turkeys, ostrich and pigeons), dogs, cats, rabbits, pet animals, bees, silkworm, fish, crustaceans, molluscs, frogs, snakes, wild and farmed game animals, experimental animals and other animals. 9. “Owner or keeper of animals” – means any natural or legal person that is owners of animals or involved in the breeding, keeping, use, rearing, husbandry, training, transportation or sale of animals. 10. “Foodstuffs of animal origin” – means anything that is used by man for nutritive purposes in the unprocessed, treated or processed form (i.e.: composite parts of animal carcass, foodstuffs of animal origin and animal products) requiring a veterinary certificate. 11. “Raw materials of animal origin”- means animal carcasses and all the composite parts of animal carcass in the unprocessed state with the exception of foodstuffs. 3 12. “Waste of animal origin”- means animal carcasses and carcasses parts that are not intended for or that are unfit for human consumption, and foodstuffs and animal products that are unfit for human consumption. 13. “Sewage”- means waste waters produced in the establishments for the rearing of animals, slaughterhouses, and other facilities for the treatment, processing and collection of raw materials, foodstuffs and waste, and which require a special technology of draining and purification. 14. “Animal feed and additives”- means different products of plant and animal origin, natural state, fresh or preserved, by-products of biosynthesis, products of industrial processing, organic and inorganic substances that are directly or after processing intended for animal feeding. 15. “Residues”- means harmful substances with pharmacological activity, residues of environmental pollutants, drugs, hormones and other actively biological stimulators, substances and metabolites which may enter the animal and the foodstuff and endanger public health. 16. “Excretions and secretions”- means all the materials like faeces, urine and saliva. 17. “Zoonozis”- are diseases or infections, which can be transmitted through natural ways from animals to man and vice versa. 18. “Epizooty of contagious diseases”- means a number of outbreaks of contagious diseases which in view of the frequency of cases, the time, place and animal species of the public affected, has exceeded the expected quantity of cases. 19. “Infected area”- means an area, where one of more sources of infection has been established and where there exists the possibility of propagation of infection. 20. “Endangered area”- means an area, whereto a disease from the infected area may be transmitted and where a possibility exists for the propagation of disease. 21. “Inspection and sanitary-veterinary check” – means the checks and supervision of animals, raw materials, products of animal origin, foodstuffs and animal feed in order to: a. Ensure public and animal protection from animal contagious diseases. b. Prevent trade of unprocessed materials, products of animal origin that are unfit for public consumption. c. Supervise the facilities, establishments or materials that may be sources of contagious animal diseases. 22. “Contagious Diseases from the List of the International Office of Epizooties (OIE)- means contagious diseases with a high propagation risk, which are spread through the borders and endanger seriously animal and public health and are determined by OIE international zoo sanitary code. 23. “Private domestic consumption of the products of animal origin”- means consumption of products of animal origin for family needs of the owner or the holder of animals. 24. “Emergency Slaughter of animals”- means the slaughter of animals without a preliminary veterinary control, which is permitted only in special cases by the law. 25. “Slaughter of sick animals”- means the slaughter of the sick animals affected by diseases for which the slaughter is permitted by the law. 26. “Stable with unverified or suspicious epizootic conditions”- means a stable where the prescribed examinations of animals have not been carried out, or a stable of a holder of animals, who is involved in the prohibited and unsupervised trade in animals and animal products. 4 27. “Veterinary drugs”– means any substance used for examination, that influence in physiological and pathological condition of live animal, diagnostic veterinary substances, veterinary vaccines, therapeutic medicaments, additives, kseno-biotic, and other medicinal products. 28. “Veterinary Administration”- means state veterinary service that has the authority all over the country to apply sanitary-veterinary measures and the procedures of national and international veterinary certification according to the recommendations of OIE and CE, as well as controls and inspects their application. 29. “Quarantine Station – means a stable or a place under the control of the local veterinary authority, where are maintained a group of animals on isolated conditions, without indirect or direct contact with other animals, in order to be controlled for a fixed period of time. 30. “Public consumption”- means direct consumption by man of products of animal origin. 31. “Safe product of animal origin” – means the product that fulfils standards or conditions determined by veterinary law. 32. “Artificial insemination centre” – means a facility for production and spreading of biological material (semen, ovule, embryos), that fulfils sanitary-veterinary conditions. 33. “Blockage” – is a temporary provision applied by the veterinarian competent authority in the event of infringement to this law, until the final decision. 34. “(Meat) Processing Plant” – means the approved and registered facilities and premises from Competent Authority, where animals, products, foodstuffs, raw materials and waste are kept, treated and processed. 35. “Slaughterhouse” – means the approved establishment from the local veterinary authority, which is used for slaughtering of animals for animal and public consumption. 36. “Stable” – means the facilities and premises required for animal breeding. 37. “Consignment” – means animals, products of animal origin, animal feeds, chirurgical and medicinal products, semen, embryos, ova, biological and pathological products. 38. “Identification” is called the setting of an individual number, according to the code approved by the Competent Authority, for animal identification and registration of animal holdings. 39. “Identification of animals and registration of animal holdings” includes the following elements: a. Registration code of the animal holding b. Ear tags for the individual identification of animals c. Computerised data base d. Individual register for the animals e. The animal holding register 40. “Epidemiological unit” – means the livestock unit, territorial borders of which are determined by the Competent Authority. CHAPTER II RIGHTS AND OBLIGATIONS OF THE STATE, ANIMAL OWNERS AND OTHER PERSONS Article 4 5 The international obligations of Albanian Republic, linked with prevention and eradication of animal contagious diseases and international trade of animals, raw materials, products of animal origin, animal feeds, bio-preparation and veterinary drugs, animal wastes are regulated in compliance with convents and international agreements signed by the Albanian Competent Authority. The diplomatic representatives of Albanian Republic inform the Ministry of Agriculture and Food for any outbreak of contagious diseases declared in countries where they are accredited. Article 5 1. Based on this law, the protection against contagious diseases in animals is a duty of the state and the competent authority, veterinary service, animal owner’s or keepers, the producers of animal origin products and other unprocessed materials. 2. The Ministry of Agriculture and Food, the Veterinary Directorate in MoAF, Districts Veterinary Sectors, Municipalities and Communes Veterinary Offices, and Private Veterinary Service are responsible for the application of the veterinary legislation. Article 6 1. Any animal owner or keeper has the duty to protect the animal health. 2. Any animal owner or keeper is entitled to a free choice of a veterinarian, except in matters related to animal obligated protection against contagious diseases. 3. Any animal owner or keeper is obligated to protect animal and public health from zoonotic diseases. 4. Any animal owner or keeper is obligated to help in sanitary-veterinary check and control as well as to give to the veterinarian materials for examination and to take other protection measures against animal contagious diseases according to this law. 5. Any animal owner or keeper has the duty to notify the veterinarian in case of a danger for animal and public health. 6. Any animal owner or keeper is obligated to furnish data to the competent authority about animal health and veterinary measures, and to permit the competent authority to verify the data authenticity. The animal owner or keeper is obligated not to use for weight increase or reproduction scopes any hormonal substance as well as any harmful substance for public health. 7. Upon request of a public veterinarian, the animal owner or keeper is obligated to permit the veterinary check and control of animals, stables, facilities and processing plants. 8. The animal owner or keeper, who breeds animals, exercise the activity for production, processing, storing or selling products of animal origin, breeds genetically domestic and wild animals is obligated of keeping records for animals, facilities, stables, plant processing and their equipments as well as to inform the district veterinary office for any change. CHAPTER III VETERINARY SERVICE ORGANIZATION Article 7 6 1. Veterinary Service of Albania Republic carries out the veterinary activities on the field of service and inspection for: a. Animal Health b. Animal Welfare c. Veterinary Public Health ç. Veterinary medicinal drugs control d. International Relations on the Veterinary field 2. The veterinary activities are realized from public and private veterinary service according to articles of this law. Article 8 1. The public veterinary service is a unique system and covers the entire territory of Albanian Republic. It is organized and acts under the Ministry of Agriculture and Food, on the level of District, Municipality and Commune. 2. The public veterinary service includes in the system even other institutions, where is carried out veterinary activity such as the Ministry of Defence, the Ministry of Health, the Ministry of Internal Affairs. The veterinary offices in such Ministries are obligated to furnish monthly official information as well as any other information requested from the Veterinary Directorate in the Ministry of Agricultural and Food for the veterinary situation. 3. The public veterinary service is part of regional and international veterinary network, that collaborates with the institutions of EU, OIE, FAO, WHO as well as with all the countries according to bilateral agreements. Article 9 1. The Veterinary Directorate in the Ministry of Agriculture and Food is the Central Competent Authority that covers the veterinary activity all over the territory of the country. 2. The District Veterinary Sector is part of Agricultural Regional Directorate that covers the regional veterinary activities. Part of the District Veterinary Sector are: a. Inspectors of animal health, animal identifications, epidemiology and reproduction. b. Inspectors of Veterinary Public Health. c. Inspectors of Border Inspections Posts. ç. The Laboratory Veterinary Service. 3. The Local Veterinary Office covers the veterinary activities in Municipalities and Communes, according to the articles of this Law and the Law Nr. 8652, date 31.07.2000 “On organisation and functioning of local government” and is technically depended from the District Veterinary Sector. 4. Private Veterinary Service is composed from: a. Private veterinarians, who have an agreement with the Competent Authority. 7 b. Freelance veterinarians, veterinary clinics, veterinary pharmacies, veterinary laboratories, artificial insemination centres and veterinary hospitals. c. Veterinarians, who work in livestock and fish farms and in processing plants of the products of animal origin. Article 10 1. The Director of Veterinary Directorate in the Ministry of Agriculture and Food is in the same time the Head of all inspectors in Albanian Republic. The veterinarians of this directory in MoAF are veterinary inspectors. 2. The head of District Veterinary Sector is the head of all district inspectors. The veterinarians, in Municipality and Commune, are veterinary inspectors. CHAPTER IV THE COMPETENCIES OF VETERINARY ADMINISTRATION AND THE COLLABORATION WITH THE POLICE Article 11 Veterinary Directorate in the Ministry of Agricultural and Food has the competencies: a. Elaboration of veterinary policies, prevention, control and eradication of contagious diseases programs in animals. b. Elaboration of short-term, middle-term and long-term strategies of veterinary activities. c. Improvement and approximation of veterinary legislation according to EU standard. ç. Monitoring of epizootic situation of contagious diseases in animals together with Veterinary Research Institute in compliance with the obligations determined by OIE as well as informing the veterinary service and animal breeding centres. d. Adaptation of programs, coordination and determination of measures related to control and prevention of contagious diseases in animals. dh. Elaboration of monthly reports for the animal contagious diseases and informing all veterinarians and OIE for the situation of contagious diseases. e. Supervision and implementation of the veterinary law and sub laws. ë. Supervision of the implementation of all rules and decisions coming from the veterinary law. f. Administration of the financial means for animal health protection, public health and veterinarians training. g. Retention of an annual reserve of financial means for vaccines and bio-products in case of emergencies for fighting contagious diseases of animals and zoonosis. Article 12 1. State police is obliged to give to the veterinary service and inspectorate the necessary support, whenever is requested for the application of this law. 8 2. When the state or municipality police, finds out that the animal owner or keeper does not have animal veterinary certificate and for the products of animal origin during the transport, block them immediately and informs the nearest veterinary inspectorate. Article 13 When the state or municipality police find out that the measures for environment protection according to this law are not implemented then they are obliged to inform the veterinary inspectorate. Article 14 In infected areas, state or municipality police prohibits animal trade, animal movement and livestock products upon a request of veterinary inspector. Article 15 1. Border police prohibits illegal transition or transport of consignments out of determined border inspection posts. 2. The consignment may be readdressed to a border post if the driver has wrongly or not intently arrived in a border post which is not a border inspection post. 3. Consignment according to this article, point 2, is treated according to the international agreements. Article 16 The state police support the veterinary service in realizing its duty during the animal transport accidents, products of animal origin, unprocessed materials and wastes. CHAPTER V COMPETHENCIES OF VETERINARY INSPECTORATE Article 17 1. Veterinary inspection is carried out from veterinary inspectors. 2. Veterinary inspectors are equipped with Official Identity Card, which is signed by the Minister of MoAF. 3. The veterinary inspector: a. Controls the implementation of the veterinary law and other sub law acts on the veterinary field. b. Controls the epizootic situation in animals and the propagation of zoonotic diseases with the aim of public health protection. c. Controls the trade of animals, products and by-products of animal origin in markets, stores, cooling facilities and shops. ç. Controls the trade of medicinal products, narcotics and other medical substances 9 used in veterinary medicine as well as suspend them if they do not fulfil the standard. d. Controls the sanitary-veterinary conditions of the products of animal origin. dh. Controls animal health condition and their ability of reproduction, the trade and storing of animal semen, ova, embryos, hatching eggs and queens of the bees. e. Controls and takes measures for animal protection from cruelty. ë. Controls animals, products of animal origin, additives, animal feeds, water, and sewages for their sanitary hygienic conditions. f. Suspends production, trade and the use of products for animals in case of the presence of pathogens and harmful substances that endanger animal and public health. g. Prohibits the trade of animal skins, that have been slaughtered without veterinary examination, or that originate from animals that have died and for which there is no veterinary attestation on the non-contamination of the area, or when they have not been stored separately from the examined skins. gj. Suspends the use of the transport means, which do not fulfil the prescribed requirements for animal transport, products of animal origin, unprocessed materials, animal feeds, the water and wastes. h. Suspends the use of stables and animal breeding farms, stations and points of animal loading, reloading and unloading in case of not fulfilling of prescribed requirements. i. Suspends animal slaughtering, collection and processing of unprocessed materials and production of the products of animal origin if the prescribed requirements are not fulfilled. j. Prohibits the issue of veterinary certificate in case of contagious diseases outbreaks or suspicion for contagious diseases. k. Destroys unprocessed materials, products of animal origin, animal feeds and medicinal veterinary products, which are unfit for human consumption. l. Orders the conditioned consumption of unprocessed materials, products of animal origin, animal feeds or the processing of all above products for other scopes. ll. Orders the deficiencies to be remedied for the production and trade of animals, products of animal origin, unprocessed materials, foodstuffs and medicinal products. m. Suspends establishments and other facilities used for breeding, production and animal markets, when they fall to meet the prescribed requirements according to this law and regulations. n. Takes samples of products of animal origin, raw materials, additives, wastes, water, and other samples for bacteriological and chemical analysis and send them to regional laboratories and to the Veterinary Research Institute, in order to be analysed for pathogens and residues with harmful effects on animal and public health. nj. Supervises the trade and the use of means for disinfection, desensitisation and deratisation, including counselling instructions on use for the protection of animal and public health, according to this law. o. Controls registers in production and processing centres, records for the results of 10 examinations and other documents of the legal and juridical persons related with the implementation veterinary regulations as well as regulations of the medicinal products trade. p. Prohibits the movement of animals, products of animal origin, unprocessed materials, animal feeds, medicinal products, semen, ova, embryos and wastes, when they violate the law. q. Orders the deficiencies to be remedied in documentation and organisation. r. Orders the prohibition of the veterinary activity that is not licensed and has shortages in documentation. Article 18 1. The veterinary inspector, carrying out the inspection and control at border crossing, has the obligation to: a. Inspect and control the sanitary-veterinary conditions of the shipments for export, import and transit and accompanying documents. b. When it is needed to take samples for laboratory analysis of products of animal origin, unprocessed materials, wastes and animal feeds. c. Record the shipments of export, import and transit, which pass the inspection border posts according to regulations signed by the Minister of MoAF. ç. Supervise disinfestations hygienic-sanitary conditions of transport means and custom stores. d. Carry out all the actions according to this law and sub-laws. Article 19 1. At Border Inspection Post, the veterinary inspector is part of the custom team, who takes the first contact with the means and the goods that cross the border. The veterinary inspector has the right to prohibit the export, import and transit of the consignments that are mentioned in this law, in cases when: a. During the inspection is founded out that the consignment is contaminated or suspected and the consignment originates from infected areas and endangered animal and public health. b. The consignment is not accompanied with the international veterinary certificate and other documents in compliance with law and sub law acts. c. The products of animal origin with destination to public consumption that contain more than permitted levels radioactive substances, chemical residues and bacteria. 2. Besides what is foreseen in point 1 of this article the veterinary inspector orders: a. the storage of the consignment in a registered warehouse in cases when the consignment will be examined. b. other measures for the maintenance of animals according to this law and international convents for animal health protection. c. disinfection of the transport means, facilities and equipments used during the processing 11 of the consignment. ç. the deficiencies to be remedied for the trade of the consignment at border inspection posts. CHAPTER VI ACTIVITY, RIGHTS AND DUTIES OF VETERINARY CHAMBER Article 20 1. Veterinary Chamber is a Public Entity, which represents the common interests of Albanian veterinarians. The activity, the rights and the duties of Veterinary Chamber are determined by sub-law acts approved by the Minister of MoAF. 2. The statute of Veterinary Chamber is approved by the Minister of Agricultural and Food Ministry. 3. Veterinary Chamber carries out the following tasks: a. Licences veterinarians, who have been graduated in veterinary medicine, according to some criteria determined in statute signed by the Minister of MoAF. b. Register all veterinarians, who carry out veterinary activity. c. Plans, monitors, and organises professional training of veterinarians, who work in public and private veterinary service. ç. Carries out expert supervision of veterinary organisations. d. Verifies veterinary organisations and keeps a register thereof. dh. Collaborates with Veterinary Directorate in preparation of veterinary regulations. e. Carries out professional proficiency tests for veterinarians of the veterinary service according to a regulations approved by the Minister of MoAF, here is determined the commission and the material of examination. ë. Publishes the international trainings on different fields of veterinary medicine. f. Collaborates with international organisations like OIE, CE, FAO, WTO, WHO. g. Carries out other tasks laid down by its statute. 4. Veterinary Chamber is obliged to issue or to refuse granting of the veterinary licence within 30 days of receipt of a complete application. 5. A Complaint against the decision and the measures by Veterinary Chamber is done to the Minister of MoAF within 15 days from the day of licence refusing. 6. The Veterinary Chamber is obliged to give the registered data to the Veterinary Directorate. CHAPTER VII CONTAGIOUS ANIMAL DISEASES, MEASURES FOR CONTROL, NOTIFICATION, PREVENTION, SUPRESSION AND ERADICATION Article 21 1. Contagious animal diseases, owing to which the common and special preventive and other measures under this law are carried out, are in compliance with international zoo sanitary code and OIE list. 12 2. The Minister of MoAF, with the proposal of Veterinary Directorate, adds new diseases and establishes the measures for suppression and prevention of OIE list diseases in compliance with the epidemiological situation within the country, in the region or in the world. 3. In case of an outbreak of contagious animal diseases, which are not on the OIE list and can be a danger for animal and public health, are implemented measures foreseen by this law for protection against contagious diseases. Article 22 The contagious animal diseases and zoonoses are prevented and controlled based on common and special veterinary measures. Article 23 1. The owner or keeper of animals or persons coming are into direct contact with animals, products of animal origin, unprocessed materials, animal wastes, carcases and confiscated goods, should have the fundamental knowledge of contagious animal diseases, their prevention, transmission in man as well as the regulations for the protection against contagious animal diseases. 2. The common preventive measures for protection against contagious animal diseases under this law, which are implemented by owner or keeper of animals, are: a. To provide optimal hygienic conditions of water and feeds used by animals. b. To provide hygienic conditions in animal breeding establishments, their equipments as well as around the territory where they are reared. c. To provide hygienic conditions during the milking and calving process. d. To provide hygienic conditions in public places where are kept animals, means of animal transport, and in establishment for animal rearing. e. To provide optimal hygienic conditions in production and spreading of the products of animal origin. f. To prevent vectors of contagious animal diseases. g. To implement sanitary-veterinary measures in breeding stations. h. To elaborate the animal carcases, animal wastes, sewage, excretions and secretions in compliance with respective regulations. i. Prophylactic disinfestations, disinfection and deratisation of establishments, public places and the means of transport. Article 24 Veterinary Directorate in collaboration with District Veterinary Sector and Local Veterinary Office, for protection of animal health against contagious diseases, has these tasks: a. To determine every year the number and the type of contagious diseases, which will be under the diagnostic measures, analysis, monitoring and eradication, in compliance with article 21, point 2 of this law. 13 b. To carry out registering and identification of animals and animal holdings in compliance with law “Identification of animals and registration of animal holdings” nr. 8702, date 01.12.2000. c. To prevent animal contagious diseases in case of natural disasters and in case of very dangerous contagious diseases in neighbouring countries with Albania, through laboratory analyses for their diagnosis, the identification of the disease origin, and the prophylactic provision to undertake. ç. The investigation and the monitoring of the epizootic situation at national, regional, municipal and commune level, and the estimation of the necessary financial cost. d. The veterinary certification in accordance with the dispositions of this law and the regulations of the Ministry of Agriculture and Food. dh. The control of the storage and the conservation of the bio-products, of disinfectant and other preventive or curative substances. e. The veterinary training of the animal breeders. ë. To avoid risk during the handling of animal cadavers. Article 25 The Competent for taking specific preventive provisions on animal contagious diseases, according to legal authority are: a. The Regional Veterinary Sector, which task is: i. Animal identification and farm registration. ii. Provisions in the quarantine station. iii. Diagnostic examination to determine the cause of the disease. iv. Animal vaccination and health protection by medical products. The Local Veterinary Sector, which task is: i. Isolation and removal of sick animals; ii. Disinfection, disinfection, derating; iii. Safety lodge of the animal carcasses, rendering and other wastes, in an approved place; iv. Safety lodge or sanitary treatment of the excrement; v. Elimination of transmission vectors of the contagious diseases; vi. Safety handling of animal cadavers. 2. In the event of epizootic diseases outbreak, the Major or the Chief of the Commune orders: a. The isolation of sick or suspicious animals; b. The interdiction of animal movement; c. The separation in special places of sick or dead animals, until the arrival of the veterinarian inspector; ç. The prohibition of animal and animal products marketing; d. Settle the emplacement to bury or incinerate the animal cadavers; dh. The elimination of stray dogs. 14 3. To apply the provisions of the paragraph 1, short-term and long-term programs for the protection of animal health are elaborated, with the respective financial and implementation procedure. 4. At the end of year are elaborated the programs on preventive vaccination, diagnosis and other examinations for the successive year, in order to ensure a safe epidemiological situation. The procedures for the investigation, the control and the eradication of contagious diseases, must be elaborated as well. Article 26 1. The local veterinary office must implement the following obligatory preventive provisions to protect the public health from zoonotic diseases: a. Regular prevention, investigation and control of zoonotic diseases in farm animals and other animals as well. b. Implementation of preventive provisions to protect the private veterinarian, the animal owner or keeper, and other persons being in direct or indirect contact with the infected animals, with the animal products, with animal wastes and unprocessed materials. c. Ensure the required sanitary-veterinarian state of animal products and prevention of illegal sale of infected animals, of animal products inappropriate for human consumption, of animal wastes and unprocessed materials. ç. Prevent the contamination in the processing units and in other production plants, of animal products and unprocessed materials. 2. To apply the provisions of the paragraph 1, article 26, short-term and long-term programs are elaborated to protect the public health from zoonotic diseases, with the respective financial and implementation procedure. 3. The program for the control of zoonotic diseases is implemented by the veterinary and public health services. The veterinarian and public health authorities and their respective inspectorates, schedule common activities and survey to protect animal and human health from zoonosis. Article 27 1. When foci of contagious disease are noticed, or there is suspicion on sick or dead animals because of contagious disease, the animal owner or keeper must isolate the sick or suspicious animals from the other animals. 2. The owner or the keeper of aniamls is obliged to inform the nearest veterinary office in case of: a. When is suspicion on contagious disease; b. In the event of instant animal death, or when a zoonotic disease is noticed; c. If within eight days, the animal disease is extended in the herd; 3. The private veterinarian, who notices or suspects a contagious disease, determines the veterinary provisions to prevent the disease extension and to oppose the sale of infected animals, and of inappropriate animal products and unprocessed materials. The private veterinarian must send samples for analyses to the nearer laboratory, to verify his finding or suspicion. In this event, the private veterinarian must inform the Regional Veterinary Sector. 15 4. The obligation to inform is applied to the private veterinarian as well. He informs the nearer public veterinary service by written note, and fills the relevant form which is approved by a legal act of the Ministry of Agriculture and Food. 5. The local government authorities at village and commune level, as well as the hunters are obliged to inform the nearer veterinary office on any present infection or suspicion of contagious disease in wild animals. Article 28 1. The Regional Veterinary Sector investigates the contagious disease, determines the cause of animal death, verifies the sanitary-veterinarian state of the animal products and unprocessed materials, elaborates by written note the necessary provisions to prevent the spread of disease and to oppose the sale of sick animals, the animal products and unprocessed materials that are not in proper hygienic state. 2. The Regional Veterinary Sector ensures the permanent veterinary and laboratory service for the diagnosis of the contagious diseases, as provided by this law. 3. In the cases of suspicion on contagious diseases, the Regional Veterinary Sector or the Municipal/Communal Veterinary Office sends samples for analyses in the regional veterinary laboratory or in the Veterinary Research Institute. 4. The sampling method and their transport to the laboratory are decided by a regulation of the Ministry of Agriculture and Food, in order to avoid the spread of infection and the contamination or the detriment of the sample during the transport. Article 29 1. In the event of outbreak or suspicion on a contagious disease, the Regional Veterinary Sector orders an epizootic control and delivers the control results to the Veterinary Directorate, to all the communes of its district and to the neighbour communes. It must also indicate the localisation of the infection and the veterinary provisions for the control of the disease. 2. The Regional Veterinary Sector is obliged to inform the Regional Government Authority who releases an official announcement to the affected area, with special target to animal owners and keepers. 3. The Regional Veterinary Sector informs the public health institutions on the foci of the contagious disease, which could be a suspected zoonotic disease or a disease confirmed by the veterinary inspection and the control of animal products. CHAPTER VIII VETERINARY PROVISIONS APPLIED TO CONTROL THE OUTBREAK OF CONTAGIOUS DISEASE Article 30 1. When a contagious disease outbreaks, depending on the nature of the disease and the risk related to the infected area or the risk to animal and public health, the veterinary sector of the region order the veterinarian inspector to apply the following veterinary provisions: 16 a. Separation and isolation of sick and suspected animals from healthy ones. b. Interdiction or limitation of animal movement. c. Prohibition to issue veterinary certificate for animal movement. ç. Interdiction or limitation to transport and commercialize products of animal origin, unprocessed products, wastes, products for animal use and other goods that could potentially be the disease transmission vector. d. Interdiction to slaughter or to eliminate the infected and suspected animals, and the blocking of contaminated goods and unprocessed materials, excepting the cases that by way of derogation are mentioned in a special order of the Ministry of Agriculture and Food. dh. The reproduction of the animals in the infected holding is prohibited till the elimination of the infection. e. Preventive vaccination, diagnostic analyses and medication of animals. ë. Castration of animals that can potentially transmit venereal diseases and the interdiction of natural mating of animals. f. Disinfection, pest and rat control of the stables, pastures, excrements, water-places and other emplacements of infected animals, equipments that has been in contact with sick animals. g. Disinfection of the persons that had direct or indirect contact with the vectors of disease transmission. gj. The elimination or the isolation of dogs and cats without proprietor. h. The elimination of the intermediary infection hosts. i. The implementation of the provisions to finally eradicate the transmission vectors of contagious diseases. 2. The implementation of the provisions defined in paragraph 1 is in the case of direct risk of contagious disease. 3. In the case of high risk, it is ordered the temporary prohibition in the holding of activities like the processing, treatment, store of the products of animal origin, of unprocessed products, wastes or other products for animal use. 4. The veterinarian inspector must immediately inform the authority of health service on the provisions of the paragraph 1 of this article. Article 31 A contagious disease is considered eradicated when, after the last animal recovery, elimination or death, and after the final disinfestations there is no more indication of the disease. CHAPTER VIII VETERINARY PROVISIONS APPLIED TO CONTROL THE OUTBREAK OF CONTAGIOUS DISEASE Article 30 17 1. When a contagious disease breaks out, depending on the nature of the disease and the risk related to the infected area or the risk to animal and public health, the veterinary sector of the region orders the veterinarian inspector to apply the following veterinary provisions: a. Separation and isolation of sick and suspected animals from healthy ones. b. Interdiction or limitation of animal movement. c. Prohibition to issue veterinary certificate for animal movement. ç. Interdiction or limitation to transport and commercialize products of animal origin, unprocessed products, wastes, products for animal use and other goods that could potentially be the disease transmission vector. d. Interdiction to slaughter or to eliminate the infected and suspected animals, and blockage of contaminated goods and unprocessed materials, except the cases that by way of derogation are mentioned in a special order of the Ministry of Agriculture and Food. dh. The reproduction of the animals in the infected holding is prohibited till the infection is erased. e. Preventive vaccination, diagnostic analyses and medication of animals. ë. Castration of animals that can potentially transmit venereal diseases and the interdiction of natural mating of animals. f. Disinfection, pest and rat control of the stables, pastures, excrements, water-places and other emplacements of infected animals, equipments that has been in contact with sick animals. g. Disinfection of the persons that had direct or indirect contact with the vectors of disease transmission. gj. The elimination or the isolation of dogs and cats without proprietor. h. The elimination of the intermediary infection hosts. i. The implementation of the provisions to finally eradicate the transmission vectors of contagious diseases. 2. The provisions defined in paragraph 1 are applied in the case of direct risk of contagious disease. 3. In the event of high risk, in the affected holdings is ordered the temporary prohibition of activities like the processing, treatment, storing the products of animal origin, of unprocessed products, wastes or other products for animal use. 4. The veterinarian inspector must immediately inform the authority of public health service, on the provisions of the paragraph 1 of this article. Article 31 A contagious disease is considered eradicated when, after the last animal recovery, elimination or death, and after the final disinfestations there is no more indication of the disease. CHAPTER IX PREVENTIVE SANITARY AND VETERINARY PROVISIONS DURING THE TRANSPORT OF ANIMALS AND THE PRODUCTS OF ANIMAL ORIGIN Article 32 18 1. For the internal market, the animal owner or keeper must have a veterinary certificate that accompanies the movement of the animal or the products of animal origin out of the holding of origin. 2. The animal owner or keeper must have a veterinary certificate, as provided in the paragraph 1, in the following cases: a. Bi-ungulates and ungulates animals that will be transported to fairs, markets and to other places for animal marketing, expositions or competition, to emplacement for animal ingathering, racing animals that will be transported to another holding, in cases of animal vending or any change of animal ownership, of animals with destination to slaughter and animal movement to national or communal pastures. b. Poultry, decorative birds, rabbits and fur animals with destination to slaughter, or transported to another holding for vending, for any change of animal ownership, and to exposition. c. Fish from the breeding and rearing centres and pools, molluscs, crustaceans and other water animals transported to another holding for vending and for any change of animal ownership. ç. Consignment of bee lots and bee queen transported to pastures, or to another holding for vending and for any change of animal ownership. d. Dogs and cats transported to fairs, expositions, competition, or to any emplacement for animal ingathering. dh. All products of animal origin, bio-products and veterinary drugs, animal foodstuff and other biological material. 3. The veterinary certificate must confirm that no contagious disease can be spread by the animals as provided in paragraph 2 and, in the moment this certificate is issued, there has not been any single case of disease in the holding of origin. 4. The veterinary certificate is valid for ten days and is issued in the moment of the consignment of goods. 5. The veterinary certificate is not issued when in the holding of origin is confirmed a contagious animal disease that can be spread by the above mentioned animals. 6. The animals for marketing must be ear-tagged and easy to identify. 7. The veterinary certificate is a unique model in the territory of the Republic of Albania which is approved by the Central Competent Authority. For the movements provided in paragraph 2, the veterinary certificate is issued: a. By the veterinary sector of the region, for the movements in- and out the territory of the region. b. By the local veterinary office, for the movements in- and out the territory of the municipality and of the commune. Article 33 1. The veterinary inspection and the sanitary-veterinarian control is compulsory during the consignment of live animals, of the products of animal origin, and of unprocessed materials and wastes, that by transport means are consigned out the administrative area. 19 2. After the sanitary-veterinarian inspection, the veterinary certificate for the sanitary veterinarian state of the consignment is issued. 3. The loading, re-consignment or the unloading of the consignment provided in paragraph 1 is permitted in railway stations, naval port, airport, and in other places, only when the consignment fulfil the conditions provided by this law. Article 34 1. The transport mean must be disinfected by the transporter, before the loading and after the unloading. 2. The veterinary inspector, after having inspected the disinfection of the transport mean, issues the attestation of the inspection. The copy of this document is given to the transporter and is presented according to request. Article 35 The organization out of the animal pens and holdings, of the exposition and zoo, the transport of animals to circus, the ambulant zoo, the organized sale of animals, the fairs for live animals, animal products, veterinary drugs and bio products, unprocessed products and products of animal origin, is permitted after prior approval by the veterinary inspectorate. Article 36 1. The animal owner or keeper, and the transporter of animals, products of animal origin, veterinary drugs and bio products, and of animal wastes, must present the veterinary certificate upon request of veterinary inspector, police and other competent authorities. 2. In the case of accident during the transport of animals, products of animal origin, unprocessed products, and animal wastes, the police announce the nearest veterinary office. 3. The veterinary office, announced on the accident, must provide assistance to the impaired animals and damaged products of animal origin. 4. The nearer slaughter unit must provide the transport from the place of accident and the operation of damaged animals, unprocessed products and products of animal origin. 5. In the case of animals with severe haemorrhage and fractures that can not be rehabilitated, the veterinary inspector orders the instant elimination of the animal. CHAPTER X PREVENTIVE PROVISIONS FOR INTERNATIONAL TRANSPORT OF ANIMALS, PRODUCTS OF ANIMAL ORIGIN AND OTHER BIOLOGIC PRODUCTS Article 37 1. The procedures for the loading, re-consignment, and unloading of live animals and products of animal origin, when imported, exported or in transition, are determined by a regulation of the Ministry of Agriculture and Food. 20 2. The loading, re-consignment, unloading, and the storage of consignments decided by the paragraph 2 of the article 32, are subject of obligatory sanitary-veterinarian inspection. 3. In the case of wild fauna, all the above mentioned procedures are applied in accordance with the rules determined by the Convention “On international trade of risqué species of wild flora and fauna”, and approved by the law No. 9021, date 06.03.2003 “On the adhere of Republic of Albania in the convention of international trade of risqué species of wild flora and fauna.” Article 38 1. The consignment for export of animals, products of animal origin, unprocessed products, and animal wastes, can be discharged, reloaded, or stored in the border inspection post, only after sanitary-veterinarian inspection and control. 2. For the consignments with destination to export, the veterinary certificate is issued by the veterinary inspector of the border inspection post on the bases of the certificate provided for in the article 32 of this law and issued in the moment of loading. 3. The animal holdings, quarantine stations, storehouses for products of animal origin and unprocessed products, must fulfil the dispositions of the border inspection post, as decided by relevant regulation. 4. The export out of the national territory, of sick animals, exotic animals, domestic or wild animals that by law are defined as national resource, is forbidden. 5. The border inspection posts, where the entrance and exit of live animal is permitted, are decided by special order of the Minister of Agriculture and Food. Article 39 1. The custom authority may initiate the procedures for the consignment, only after formal approval by the veterinary inspector in the border inspection post. 2. The custom authority in the border inspection post, must give transition priority to live animals and products of animal origin in risk of damage. Article 40 1. The import, export, and transition in the territory of the Republic of Albania of live animals, products of animal origin, unprocessed materials, biologic materials, bio-products, veterinary drugs, and food for animal use, is permitted only if no contagious disease or any nocent residue has resulted after veterinary inspection in the border inspection post. The consignment must be accompanied by international sanitary-veterinarian certificate, and by all necessary documentation that certificate its origin and identity. 2. The import and trade in the territory of the Republic of Albania of bio-products and veterinary drugs, is permitted only after their registration in the national register. Before registration, these consignments are submitted to control in the national laboratory of veterinary control. 3. After registration of bio-products and veterinary drugs, the Veterinary Directorate authorizes the veterinary inspector of the border inspection post to permit their import. 21 4. It is forbidden to enter the territory of the Republic of Albania, of bio-products and veterinary drugs that are qualified nocent for human and animal health and their use is interdicted by decision of international organizations like OIE, EU, WHO. 5. The import or transition of the consignment coming from an area of the exporting country which is infected with contagious disease, or the transition of the consignment through an area of another country which is infected with contagious disease, is forbidden. 6. The importer of wild, not indigenous animals must have the prior approval of the competent authority for the conservation of legacy and of native genetic resources, as provided by specific regulation. 7. The import or entry of live micro-organism like bacteria’s, viruses, and moulds that are pathogenic for animals, is prohibited. In special cases, the Veterinary Directorate may permit, for scientific goal or the production of biological material, the import of micro organism from scientific research centres or organizations. 8. The import in the territory of the Republic of Albania, of the consignments provided for in paragraph 2, article 32, is permitted only from countries that meet the requirements of OIE and other international organizations where our country is adherent, and if the provisions of this law and respective regulations are filled. Article 41 1. If during import, export, or transition of the consignments provided for in articles 37, 38, 39, and 40, the veterinary inspector of the border inspection post suspects a contagious disease, contamination, organic deterioration, or notice incomplete documentation as provided by the paragraphs 1, 2, 3, article 40, he orders the locking of the consignment. The veterinary inspector compiles the note of control and immediately announces the veterinary sector of the region. 2. The chief of the veterinary sector of the region performs a loc check, takes the final decision, and gives order to the owner or keeper of the consignment, to: a. Revoke the entry of the consignment in Albanian territory; b. Repeat the veterinary control with more specialized laboratory analyses; c. Confiscate and bury the consignment; ç. Other preventive or curative provisions. Article 42 1. The imported animals, prior to arrival at destination holding, are kept in quarantine station during not less than 21 days, where all necessary veterinary checks are performed. The importer covers all the quarantine cost. 2. The national veterinary quarantine is set up with public funds or by contract with private entrepreneurs; its emplacement is decided by the Ministry of Agriculture and Food. The activity of the national veterinary quarantine is decided by a special regulation of the Ministry of Agriculture and Food. 3. The procedure of veterinary check and other veterinary provisions, and the public veterinarian of the quarantine station are determined and supervised by the veterinary sector of the region. 22 4. The imported animals with destination to slaughtering within 72 hours, coming from disease free countries without risk for the animal population of the Republic of Albania will not pass through quarantine station. The slaughtering of animals will be performed in slaughter points approved by the local competent authority. Article 43 1. The import, export, or transition of the animals, products of animal origin, unprocessed products, wastes, products and medicaments for animal use, animal semen, ovules and embryos, and other goods that may be vectors of contagious diseases, is permitted only through border post approved by the Ministry of Agriculture and Food. 2. The facilities for veterinary control in the border inspection posts must be installed in places that meet the hygienic, technical and operative requirements. The funds for veterinarian activity in the border inspection post are provided by the state budget. 3. The export, import, or transition of goods through border inspection posts, as provided for by this law, is submitted to veterinarian fee which is determined by common regulation of the Ministry of Agriculture and Food and the Ministry of Finance. The corresponding incomes are deposited in the account of the Directorate of Agriculture and Food who is responsible of the territory where the border inspection post is located. Article 44 The import, export, or transition of the consignments provided for by paragraph 2, article 32, must be accompanied by international veterinary certificate according to the International Code of Animal Health, while the export to EU countries must be accompanied by the certificate approved by EC. CHAPTER XI SANITARY-VETERINARIAN PROVISIONS FOR THE PRODUCTION, PROCESSING AND TRADE OF PRODUCTS OF ANIMAL ORIGIN FOR HUMAN CONSUMPTION AND ANIMAL USE Article 45 1. The veterinarian competent authority at regional, municipal and communal level controls the sanitary-veterinarian conditions of the slaughter points, meat production units, refrigeration units, centres for the processing and trade of animal originated products, holdings for fishery and aquaculture production. The local competent authorities assign the permission to start the activity; they can furthermore give order to suspend or close this activity if infringement of this law is noticed. 2. The sanitary-veterinarian control and inspection is obligatory before slaughtering of ungulate animals, bi-ungulates, poultry and rabbits, as well as before sent to market for human consumption of the meat of ungulate animals, bi-ungulates, poultry, rabbits, game animals, of the fish, of the fresh milk and milk processing products, of eggs, of meat processing products, of honey, of mussels, of crustaceans, and of frogs. 23 3. The sanitary-veterinarian control and inspection is also obligatory for the facilities and equipments used to the slaughtering of animals provided for by the paragraph 1, for the facilities and equipments used for the processing of meat, fish, mussels, frogs, milk, honey, eggs, for the facilities and equipments used for their storage, for unprocessed materials, for additives used for the processing and the conservation of animal originated products, and for the transport means. 4. The sanitary-veterinarian inspection of the animal with destination to slaughtering and of products of animal origin, provided for by this article and used for human consumption, must be done in the slaughter points and in the production or processing units. The control and the supervision of the animal originated products must be done in storehouses, markets, and other marketing places. 5. For the animal production intended for obligatory veterinarian control and inspection, the animal owner or keeper must report to the veterinarian competent authority, not less than 24 hours prior to starting the production or the slaughtering of the animal. 6. In the event of constrained slaughtering of animals, the inspection of the meat to be used for human consumption or for animal food is obligatory. 7. The veterinarian inspection of sick animals, before and after slaughtering, is obligatory if their meat will be used for human consumption or for animal food production. Article 46 1. When, after sanitary-veterinarian inspection and other investigations, the veterinarian inspector decides that the product of animal origin is proper for human consumption, this product is certified, sealed and it’s trade or further processing is permitted together with relevant technical recommendations. 2. When, after sanitary-veterinarian inspection and other investigations, the veterinarian inspector decides that the product of animal origin is not proper for human consumption, the trade of this product is forbidden and it is confiscated according to respective rules. 3. The products of animal origin presented in the market for human consumption without sanitary-veterinarian control and inspection or without veterinary certificate, are considered unsuitable for human consumption and their use is prohibited. 4. All game animals with destination for human consumption must be inspected by the veterinarian inspectors and be accompanied by the veterinary certificate. 5. The owner or keeper of the animals with destination to slaughtering, and the processor, transporter, trader of products of animal origin, of unprocessed materials, may request to repeat the analyses when the result of the first analyze is positive. This analyse may be repeated only with the sample conserved in the laboratory where the first analyses is performed; it is prohibited to repeat the analyses in new samples. Article 47 The sick animals are brought to the nearer slaughter point accompanied by a veterinary certificate. The final sanitary-veterinarian inspection of these animals and the control of the meat from urgently slaughtered animals are done at the slaughter point. Article 48 24 1. In the case of milk production and processing for sale in the market for human consumption, the animal owner or keeper is enforced to register the activity in the veterinary sector of the region. 2. After checking that the sanitary-veterinarian requirements are satisfied for the registered activity, the veterinary sector of the region issues the permission to the animal owner or keeper, for sale in the market for human consumption of the fresh milk and the milk processing products. 3. The permission for sale in the market for human consumption is invalidated by a special order and the sale of products is interdicted, when the veterinary sector of the region finds that the sanitary-veterinarian requirements are not sustained. 4. The sale for human consumption of the fresh milk and milk processing products is prohibited, when after laboratory analyses the level of microbe, toxic, and radio-biologic residues has resulted over the permitted standard. Article 49 The veterinary sector of the region performs the necessary inspection and control on the level of residues which are nocent for human and animal health, implementing the National Program for Residue Monitoring and enforcing the relevant regulation of the Ministry of Agriculture and Food. The residue monitoring is applied on live animals, unprocessed materials, products of animal origin, and food for animal use. The analyses on residue level are performed at the Veterinary Research Institute and the regional laboratories. Article 50 1. The registered physical and legal persons undertaking the production and marketing of food for animal use must fulfil the sanitary-veterinarian requirements during all phases of production, transport and marketing. 2. The sale of food for animal use, not fulfilling the sanitary-veterinarian requirements, is prohibited. 3. The food for animal use is considered inappropriate when: a. Contains pathogenic micro-organism, mould, or parasites that are harmful for the animal health; b. Contains anabolic substances, hormones and tiro-static, which are used for stimulation activity; c. Contains residues of pesticides, chloral-organics, radio-active substances, and other nocent substances, over the permitted level; ç. Presents organic alteration, is partially decomposed, has detrimental effect on animal health and reproduction, and has expired the term of use. 4. Before reaching the market, the registered physical and legal persons, producers of food for animal use, must fulfil the food analyses in approved laboratories in accordance with relevant legislation. 25 5. The food for animal use, being either rough food of plant or animal origin, or compound food supplemented with locally produced or imported stimulants and curative substances, are permitted for sale if accompanied by the veterinary certificate issued by the veterinary sector of the region; in that certificate are included the results of analyses and the approved standard of the product. 6. The veterinary inspectorate carries the inspection and the sanitary-veterinarian control on the products for animal use, on their production units, and on the places where these productions are stored for sale. When the products are found infected or not compliant with sanitary veterinarian requirements, the veterinary inspector interdicts the production activity and the use of these products. Article 51 1. The slaughtering of animals, the production of animal origin products, and of unprocessed materials for human consumption is permitted only in the approved slaughter units and holdings. The rules for the establishment of these units are determined by regulation of the Minister of Agriculture and Food, and the license for their activity is issued after veterinary permission of the local competent authority. 2. After having issued the veterinary permission, the local veterinarian authority proceeds to the registration of the holding by a code system. In special cases, the animals can be slaughtered for human consumption, out of the slaughter unit but anyway in an approved slaughter point and under the veterinarian supervision. Article 52 The export of live animals, of fresh and processed products of animal origin that are produced in a unit or holding which is not approved and certified for export by the veterinarian competent authority according the requests laid down by this law, is forbidden. Article 53 All exporters, that are holdings of animal breeding and slaughtering, incubators, production and processing units, units for collection and production of unprocessed materials, and all other products of animal origin with destination to export, are inspected by the Veterinary Directorate and by other structures of veterinarian service and inspectorate authorized by the Veterinary Directorate. Article 54 1. The physical or legal person who collects or deals animal skin, processing them or not, is obliged to store them in separated and isolated places when the skin, processed or not, comes from animals that are not slaughtered under the veterinary supervision. 2. The skin coming from bovine, ovine and caprine, as described in paragraph 1 are not allowed for trade or processing without having performed the analyses on anthrax disease at the Veterinary Research Institute. 26 3. The physical or legal person according to paragraph 1, documents the origin of collected or deal animal skins, obtains the veterinarian certificate of origin, and is enforced to present the analyses result on anthrax disease. 4. The skin collection and processing units or plants are constrained to prevent the environment pollution through discharges, wastes and gas resulting from technological process. CHAPTER XII VETERINARY PROVISIONS ON ANIMAL REPRODUCTION Article 55 1. The animal breeding centres, insemination stations, animal herds, poultry flocks for reproduction, incubators, pheasants breeding centres, fish farms, bees rearing stations, must be free from contagious diseases. 2. The collection and conservation of animal semen, ova and embryos, including the method of collection and conservation, are under regular sanitary-veterinarian control. 3. The regional veterinary office regularly checks the insemination centres, the breeding centres, the sanitary-veterinarian condition with regard to animal reproduction, to semen, ova and embryos production, collection, conservation and sale, according to relevant regulations. In respect of control results, the activity of these centres is permitted or interdicted. Article 56 1. The collection of semen from animals suspected for contagious or other diseases, transmissible to other animals via semen, ova or embryos of the same animal species is forbidden. 2. The sale and use of animal semen, ova and embryos that are contaminated or have morphological, biochemical, and biophysical deteriorations, is prohibited. Article 57 The veterinarian competent authority checks the reproductive and health status of animals used for natural mating or for artificial insemination, controls the insemination registers and report to the regional veterinary sector any suspect of venereal or other contagious disease. CHAPTER XIII ENVIRONMENT PROTECTION Article 58 1. The animal owner or keeper, who keeps animals for breeding, trading or other purposes, the producer of unprocessed materials, products of animal origin, foods for animal use, animal wastes, and the animal transporter, must prevent the environment pollution and it’s consequences on human and animal health. 2. The animal wastes must be manipulated in accordance with the regulation of the Minister of Agriculture and Food. 3. The preventive measures for the environment protection includes: 27 a. To assure the removal, processing, handling and proper use of liquid and firm wastes; b. To ensure the proper deposit of liquid and firm wastes; c. The hygienic handling of excrements and liquid wastes; ç. To decrease the risk of infection, by applying proper sanitary-veterinarian provisions in the stables and in the environment like proper micro-climatic conditions, low level of ammonia, proper deposition of wastes and excretions, cleaning and disinfection; d. To prevent the water pollution from microbes of contagious and parasitic diseases. Article 59 1. The animal owner or keeper informs the nearer veterinary office on the animal death. 2. The veterinary office ensures the transport of the dead animal to the approved centres for post mortem handling according to sanitary-veterinarian rules. The decision to establish these centres is taken by the local government after approval by the veterinary office, in accordance with the regulation of the Ministry of Agriculture and Food. The local government at commune or municipality level covers all the cost of the centres for post mortem handling of animals. 3. In the case of suspicion for a contagious disease, the cause of animal death must be determined. 4. The owner or keeper of animals for production, when emit animal wastes, must assure their transport to the nearer collection centre or to the centre for their handling. 5. The post mortem handling centres and other post mortem facilities must establish proper procedures and ensure constant service to determine the cause of animal death. These centres have also to provide special preventive measures to avoid the risk of infection. 6. The local veterinary office, in collaboration with the local government must ensure the transport of dead animals, the post mortem assistance, the disinfection of the place where the animal is dead, of post mortem facilities, and of the transport means. Article 60 In special cases and with the permission of the veterinarian inspector, the dead animals can be buried or incinerated in a place decided by the local government, in compliance with veterinary provisions. CHAPTER XIV THE EXPENDITURES FOR THE PROTECTION OF ANIMAL HEALTH Article 61 1. The public veterinary service is financed by: a. The budget of the Republic of Albania; b. Financial incomes obtained from veterinary activities; c. Other internal and external documented resources; ç. Other bail from physical and legal persons, native or foreigner, to support scientific 28 activities, training, equipments and other working facilities. 2. The veterinary fees to be paid for the service on animal health protection are determined by legal acts issued by the Minister of Agriculture and Food. Part of the incomes generated from animal health protection activities goes to the regional veterinary service to be used in accordance with this law. 3. The financial resources of the veterinary service, coming from the public budget or from other sources will be used: a. To implement the epidemiological control and monitoring program, the national program for monitoring of residues, and the food safety control. b. To maintain and strengthen the veterinary infrastructure. c. To participate in national and international veterinary activities. Article 62 The expenses to control the OIE- listed diseases, that cause high damages on animals and endanger the public health, are covered by the state budget. The specified funds are used according the order of the Minister of Agriculture and Food. Article 63 The expenses to control the zoonotic diseases, the implementation cost of the national program for the monitoring of residues, and the expenses for the establishment and functioning of the national veterinary quarantine station, are covered by the respective funds allocated from the budget of the Ministry of Agriculture and Food. These funds are used in accordance with the order of the Minister of Agriculture and Food. Article 64 The obligatory vaccination and screening programs provided for by this law are free of charge. The expenses for the production of vaccines and the disease’ diagnoses are administered by the Ministry of Agriculture and Food according to the implementation scheme elaborated in special program. Article 65 1. For animals, by this law provided to be slaughtered, eliminated, and buried after the decision taken by the competent veterinary service, or when it is confirmed that the animals are dead succeeding the induced vaccination, the animal owner will be compensated from the state budget to the equivalent rate of the induced damage, in accordance with this law. 2. By a special regulation, the Minister of Agriculture and Food decides the cases of animals and poultry to be slaughtered or eliminated in the event of contagious diseases that are nocent to animal and public health. Article 66 29 The Commission, who will decide the compensation value for the sick animals that are to be eliminated and indemnified, is composed by the veterinarian inspector in the commune or the municipality where the animal is placed, one representing of the local government, and one representing of the regional veterinary sector who is the commission chairman as well. Article 67 1. The Albanian State must compensate the animal owner or keeper in the following cases: a. The suspected contagious disease or diseases foci are immediately noticed after the first evidence of the disease; b. The animals preventive vaccinations and diagnostic examinations are finished during the period which is determined by legal acts; c. Other provisions for the disease prevention and eradication are ordered and implemented; ç. The animal identification and holding registration is done. 2. The compensation mentioned in the above paragraphs is not disbursed if the disease outbreak happens during the import of animals, during the time the imported animals are kept in the quarantine station or in the cases where the animal owner is proved responsible for the disease outbreak by purchasing sick or suspected animals without the veterinary certificate. Article 68 1. The compensation provided for in the paragraph 1, article 67, is computed according to the value of the animal, of the unprocessed materials and of the objects. The value of the animals of different species that are going to be eliminated and disbursed is determined by the commission for the evaluation of sick animals. In the cases of emergency slaughtered animals, and the partially damaged object or unprocessed material, the value of the not affected usable part is subtracted from the total compensation rate. 2. The animal owner or keeper asks to initiate the disbursement procedure. Within 30 days, he must present all the disbursement documents required by the veterinary sector of the region. The disbursement procedure is tax free. 3. The regional veterinarian authority decides to apply the determined disbursement. 4. Within 30 days from the decision of the regional veterinarian authority, the beneficiary may appeal to the Directorate of Veterinary. Article 69 The animal owner or keeper, the person who handle the unprocessed materials, the products of animal origin and the wastes, the importer, and the exporter, cover the expenses for the implementation of the provisions laid down by the law, like disinfection, veterinary fees during the transport, the import, export, and transition, the quarantine fees. CHAPTER XV THE VETERINARIAN RESEARCH INSTITUTE AND THE STATE LABORATORY FOR THE CONTROL OF VETERINARY BIO-PRODUCTS 30 Article 70 The Veterinarian Research Institute is the unique national reference laboratory; it is part of the national network of the veterinary service. The activity of the Veterinary Research Institute is expanded in the whole national territory. Article 71 The Veterinary Research Institute is a public institution dependent from the Ministry of Agriculture and Food. The expenses for the scientific research activity of the Veterinary Research Institute are covered by the state budget, according the legal acts. The service offered by this institution is financially independent from the state budget. Article 72 The responsibility of the Veterinary Research Institute is: a. The monitoring of the epizootic situation at national level on diseases caused by viruses, bacteria, moulds, parasites, toxic substances, as well as monitoring of zoonotic diseases. b. The disease diagnosis and elaboration of most efficient disease eradication scheme. c. The production of veterinarian bio-products, like vaccines, antigens, allergens, diagnostic preparations for disease diagnosis and eradication like antigens, hyper-immune sera, etc. ç. The micro-biological, chemical, toxic, and radio-biological control of fresh and processed products of animal origin, and of food for animal use locally produced, imported or for export destination. d. The control of residues from anabolic and not authorized substances, bio-preparations and veterinary drugs, in the live animals and poultry, as well as in their products. dh. Engagement as a national centre to train the staff of the regional veterinary laboratories, to train and certify the veterinary pharmacist. Article 73 Applying the current international rules and standards, the Veterinary Research Institute compiles, approves and distributes the analyses techniques and methods relative to its legal activity. The Veterinary Research Institute collaborates with counterpart institutions and scientific research centres, with other international institutions, as well as with other local institutions and centres of reference. Article 74 The regional veterinary laboratories are under the administrative and technical dependence of the Veterinary Research Institute. The regional veterinary laboratories are located at the regional Directorate of Agriculture and Food; they practice their task on the diagnosis and control of animal and poultry diseases, as well as the control of the products of animal origin and the food for animal use. These laboratories carry out the activities delegated by the Veterinary Research Institute to monitor the epizootic situation of the region, they support the regional veterinary 31 service to elaborate and implement the monitoring program for disease eradication, to avoid and reduce the risk for public health. Article 75 The Veterinary Research Institute certificates the private veterinary laboratories. Article 76 1. The State Laboratory of Veterinary Control is established and operates under the authority of the Directorate of Veterinary; it has the task to control the imported or locally produced bio products and veterinary drugs. 2. Bio-products are the vaccines, the sera, the diagnostic preparations, the strains and the material for their production. They are produced under the authorization of the Ministry of Agriculture and Food and are used after control by the State Laboratory of Veterinary Control. Article 77 The import, export, and the sale of bio-products, drugs and other biologic material for animal use, is permitted only in accordance with the paragraphs 1,2,3, article 40, and paragraph 2, article 76. Article 78 1. By order of the Minister of Agriculture and Food, in the Directorate of Veterinary is established the Commission for the control of bio-products and veterinary drugs. 2. The Commission for the control of bio-products and veterinary drugs is constituted by: a. The director of the Directorate of Veterinary in the Ministry of Agriculture and Food, who is the chief of the commission; b. The director of the Veterinary Research Institute; c. The chief of the State Laboratory for the Veterinary Control; ç. The head of the bacteriology and parasitological department; d. The head of the department of virology; dh. Specialist from the Directorate of Veterinary. CHAPTER XVI FINAL PROVISIONS Article 79 1. If are not judged as penal act, the penalty from 50.000 leke to 100.000 leke is applied to the following infringements: a) To the animal owner or keeper who infringes the articles 24, 25, 27, 28, of this law; b) To the practicing veterinarian who: i) Does not apply to the provisions of the article 30; ii) Deliver the veterinary certificate for the locked consignments; 32 iii) Infringes the paragraphs 1, 2, 6, article 45; iv) Deliver for sale unprocessed materials or products of animal origin which are locked in accordance with the paragraph 2, article 46; v) Infringes the article 47; vi) Does not fully apply the provisions for the prevention of damages coming from medical residues or other residues in the unprocessed materials, the products of animal origin, and the products for animal use; vii) Infringes the article 57; viii) Does not fully apply the provisions of the article 89. c. To everybody that violate the aricel 20 of this law. 2. If are not judged as penal act, the penalty from 100.000 leke to 150.000 leke is applied to WHOEVER: a. Loads, reassigns, unloads, stores, processes an consignment for export, or when the consignment is imported in contradiction with the paragraph 2, article 37; b. Reloads or stores an consignment for export in the border inspection post, without prior veterinary control and inspection, according to the paragraph 1, article 38; c. Imports, transits, or stores an consignment without permission by the veterinarian authority, according to the paragraph 1, article 39; ç. Does not apply the quarantine rules to the imported animals, according to the paragraph 1, article 42; d. Slaughters ungulate animals, bi-ungulates, poultry, rabbits, in a slaughter unit that does not meet the provisions of the paragraph 4, article 42; dh. Imports, exports, or transits an consignment beyond the approved border inspection post, as provided by the paragraphs 1, 2, article 43; e. Imports, exports, or transits an consignment in contradiction with the article 44; ë. Produces, sales, or buys fresh or processed milk for human consumption, without prior veterinary permission as provided by the article 48; f. Infringes the article 50; g. Exports unprocessed materials, products of animal origin, fish, eggs, poultry for breeding purposes, incubating eggs, or other goods in contradiction with the article 52; gj. Infringes the paragraphs 1, 2, article 56; h. Infringes the article 57; i. Deals in the market skin from bovine, ovine, caprine, which are not analyzed for anthrax as provided by the paragraph 3, article 54. 3. If not judged as penal act, the penalty of 300.000 leke is applied to the following infringement: Whoever initiate and practice the veterinarian activity in contradiction with the paragraph 3, a, article 20. 4. If are not judged as penal act, the penalty of 300.000 leke is applied to the following infringements: a. It is not announced in accordance with the article 27, the foci of a contagious disease and all the cases when the public and animal health are endangered; b. The animals or the products of animal origin are loaded in contradiction with the article 33; 33 c. The transport mean used for the transport of the consignments under the sanitary veterinarian control, is not cleaned or disinfected, before loading and after unloading, as provided by the competent authority in the paragraph 1, article 34; ç. The veterinary certificate or other documents are not presented upon request of the competent authority, as provided in the paragraph 1, article 36; d. The veterinary inspector in the border inspection post or the regional veterinary sector are not announced for the arrival of consignment, as provided in the article 39; dh. The beginning of the production is not announced to the district or regional veterinary office within the time limit provided by the article 45; e. The order of the veterinary inspector to slaughter the sick or injured animals, is not executed; ë. Contradiction of the paragraph 1, article 51; f. Contradiction of the article 52; g. Contradiction of the articles 54, 58, 59 and 60; gj. The original documents of the purchased skins, are not kept by the owner; 5. If are not judged as penal act, the penalty of 25.000 leke is applied to the following infringements: a. To the transporter who does not announce the nearer veterinary office on the road accident; b. To the inspector who does not afford the veterinary assistance, or to a slaughter unit if the provisions decided in the paragraph 3 and 4, article 36, are not applied; c. Whoever that does not apply the paragraph 1, article 40, on the sanitary-veterinarian inspection and veterinary control to the border inspection post of the products of animal origin, or the unprocessed, stored, packed, and processed materials in duty-free areas or in the areas where store of goods is not applied; Article 80 The penalty of 20.000 leke is applied for the contradiction of the paragraphs 2, 3, and 4, article 79; Article 81 The penalty of 50.000 leke is applied to the following infringements: a. Contradiction of the article 17; b. The veterinary certificate of the deal animals is not presented; c. Organization of exposition, animal gathering and competition, amass sale of animals or sale of products of animal origin, in places that are not authorized by the competent authority, as provided by the article 35; ç. The veterinary certificate of the chase animals is not presented, or the veterinary prevention is not fulfilled; d. Resistance to the application of the veterinary control provided for in the articles 17 and 45. 34 Article 82 The contradiction to the articles 37, 38, 39, 40, 44, 46, 47, 48, 51, 53, 56, and 57, beside the foreseen penalty, can be condemned by sequestrate of the means and the goods until the liquidation of the penalty. Article 83 The penalties decided by the veterinarian inspector are applied in accordance to the dispositions of the law Nr.7697, date 07.04.1993 “The administrative infractions”. Article 84 1. By order of the Minister of Agriculture and Food is established the Commission for the investigation of the administrative infractions in the veterinary field. The Commission is a permanent body of the Ministry and decides on every administrative infraction. 2. The Commission is composed of 5 members, one lawyer and four veterinarian specialists. The decision of the Commission is given by majority of votes, after investigation of the administrative infractions as provided by this law and the legal acts for the application of the law. 3. The Commission convokes, after anticipatory notice, the persons who according to the report have committed the infraction. The Commission applies the judgment procedure in accordance with the law Nr.7697, date 07.04.1993 "The administrative infractions". Article 85 To prevent the introduction and the spread of a contagious animal disease from other countries, and to eliminate the diseases in the territory of the Republic of Albania, the Minister of Agriculture orders: a. All the border inspection posts of the Republic of Albania must dispose a constant veterinary inspection, while the border areas must undertake special provisions as decided by this law. b. The import or the transition through the territory of the Republic of Albania of live animals and products of animal origin, as well as the movement of people when represent risk of introducing contagious disease, may be restricted or interdicted. Article 86 To the application of this law, the Minister of Agriculture and Food: a. Issues legal acts to rule the veterinarian activity, through adaptation and approximation to the EU legislation. b. Endorse international veterinary agreements to support the execution of the veterinarian policy. c. In collaboration with the Ministry of Public Health, draw up the short-term and long-term 35 preventive program for the protection of public health from zoonotic diseases. ç. Decides, by a common Regulation with the Ministry of Public Health, the establishment, composition, and functioning procedures of a joint commission of experts on zoonotic diseases; the commission has a consultant authority. Article 87 The Minister of Agriculture and Food decides by special regulation, the sanitary-veterinarian provisions to be fulfilled in the emplacements for the post-mortem handling of animal cadavers, the sanitary-veterinarian provisions to be fulfilled in the rendering plants, and in the emplacements for the collection of animal wastes, unusable veterinary drugs and bio-products, as well as the following procedure for their processing and extermination. Article 88 The Ministry of Agriculture and Food, the Ministry of Public Health, and the Ministry of Finances, are charged to issue the legal acts for the application of the articles 17, 18, 20, 21, 27, 28, 30, 37, 38, 42, 43, 49, 51, 58, 59, 61, 62, 63, 65, 68, 76, and 78 of this law. Article 89 The law Nr.7674, date 23.02.1993 "The Veterinary Service and Inspectorate" and its amendments, are abrogated. Article 90 This law will enter into force on the 15th day following that of its publication in the Official Journal.