Animals (International Movement and Diseases) Act (No. 7 of 2012)

Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 1 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS ST. CHRISTOPHER AND NEVIS CHAPTER 9.03 ANIMALS (NATIONAL AND INTERNATIONAL MOVEMENT AND PRESCRIBED DISEASES PREVENTION) ACT and Subsidiary Legislation Revised Edition showing the law as at 31 December 2017 This is a revised edition of the law, prepared by the Law Commission under the authority of the Law Commission Act, Cap. 1.03. This edition contains a consolidation of the following laws— Page ANIMALS (NATIONAL AND INTERNATIONAL MOVEMENT AND PRESCRIBED DISEASES PREVENTION) ACT 3 Act 7 of 2012 ... in force of 5th March 2012 *DERMATOPHILOSIS (PREVENTION AND CONTROL) REGULATIONS 34 S.R.O. 3/1986 *ANIMALS (DISEASES) (POWERS OF INSPECTOR) REGULATIONS 35 S.R.O. 33/1964 *FOOT AND MOUTH DISEASE REGULATIONS 36 S.R.O. 2/1957 *ANIMALS (IMPORTATION) CONTROL REGULATIONS 41 S.R.O. 18/1955 Printed under Authority by The Regional Law Revision Centre Inc. ANGUILLA *NOTE: These Regulations were saved by section 54 of the Act Published in 2019 Consolidated, Revised and Prepared under the Authority of the Law Commission Act, on behalf of the Government of Saint Christopher and Nevis by The Regional Law Revision Centre Inc., P.O. Box 1626, 5 Mar Building, The Valley, AI-2640, Anguilla, West Indies. Available for purchase from— Attorney General’s Chambers, Government Headquarters, P.O. Box 164, Church Street, Basseterre, St. Kitts, West Indies Tel: (869) 465-2521 Ext. 1013 Tel: (869) 465-2127 Fax: (869) 465-5040 Email: attorneygeneral@gov.kn © Government of Saint Christopher and Nevis All rights reserved. No part of this publication may be reproduced in any form or by any means without the written permission of the Government of Saint Christopher and Nevis except as permitted by the Copyright Act or under the terms of a licence from the Government of Saint Christopher and Nevis. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 3 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS CHAPTER 9.03 ANIMALS (NATIONAL AND INTERNATIONAL MOVEMENT AND PRESCRIBED DISEASES PREVENTION) ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY MATTERS 1. Short title 2. Interpretation PART II ADMINISTRATION 3. Establishment of the Veterinary Authority 4. Operation of services and facilities 5. Designation of facilities 6. Definition of “international transportation undertaking” 7. Appointment of inspectors 8. Establishment of the Veterinary Advisory Council PART III IMPORTATION AND EXPORTATION OF ANIMALS AND ANIMAL-RELATED ITEMS 9. Restriction on importation 10. Inspection of imports 11. Times for inspection 12. Action to be taken after inspection 13. Penalty for importation of animals, etc., without a permit 14. Regulations controlling the importation of animals, etc. 15. Import permit for animals, etc. to perform at circus exhibition, etc. 16. Export of animals and animal-related items 17. Prohibition on the movement of animals PART IV ANIMAL QUARANTINE 18. Quarantine stations 19. Quarantine of animals 20. Prescribed quarantine station PART V CONTROL AND DESTRUCTION OF DISEASED ANIMALS 21. Segregation and notification of diseased animals 22. Infected areas 23. Infected places Animals (National and International Movement and Prescribed 4 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS 24. Declaration that a place is no longer infected 25. Animals etc. not to be taken or removed from infected place without licence of inspector 26. Slaughter of diseased animals 27. Disposal of animals 28. Compensation 29. Amendment of definition of “disease” PART VI POWERS OF INSPECTORS 30. Power of apprehension 31. Power of inspection 32. Power of entry and search 33. Power to seize and detain 34. Storage and removal of seized animals, etc. 35. Prohibition on the interference with seized animals, etc. 36. Provisions relating to detained animals, etc. 37. Power to detain vessels PART VII ENFORCEMENT 38. Inability to locate owner or occupier 39. Arrival notification 40. Detection of animal disease and imposition of quarantine 41. Mail 42. Disposal of affected or contaminated animals, animal-related items, etc. 43. Forfeiture 44. Forfeiture upon conviction PART VIII OFFENCES 45. General offences 46. Offences by inspectors 47. Offences by captain, etc. of a vessel 48. Offences by corporations 49. Offences by employees and agents 50. Penalty 51. Evidence PART IX GENERAL 52. Regulations for the humane transportation of animals 53. General regulations for animals, animal related items, etc. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 5 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS FIRST SCHEDULE: Prescribed Diseases SECOND SCHEDULE: Dermatophilosis (Prevention and Control) Regulations THIRD SCHEDULE: Animals (Diseases) (Powers of Inspector) Regulations FOURTH SCHEDULE: Foot and Mouth Disease Regulations FIFTH SCHEDULE: Animals (Importation) Control Regulations Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 7 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS CHAPTER 9.03 ANIMALS (NATIONAL AND INTERNATIONAL MOVEMENT AND PRESCRIBED DISEASES PREVENTION) ACT AN ACT TO PROVIDE FOR THE CONTROL OF THE MOVEMENT OF ANIMALS AND ANIMAL RELATED ITEMS INTO AND WITHIN ST. CHRISTOPHER AND NEVIS; TO PREVENT THE INTRODUCTION AND SPREAD OF PRESCRIBED ANIMAL DISEASES WITHIN ST. CHRISTOPHER AND NEVIS AND OTHER COUNTRIES; TO ENSURE THE SAFE AND HUMANE MOVEMENT OF ANIMALS TO AND FROM ST. CHRISTOPHER AND NEVIS; AND TO PROVIDE FOR RELATED OR INCIDENTAL MATTERS. PART I PRELIMINARY MATTERS Short title. 1. This Act may be cited as the Animals (National and International Movement and Prescribed Diseases Prevention) Act. Interpretation. 2. In this Act, unless the context otherwise requires— “animal” includes bovine, canine, feline, equine, goat, monkey, rabbit, sheep, swine, birds, poultry, fish, reptiles, insects, amphibians, eggs of any kind and all other animals of whatever kind, domestic or wild, terrestrial or aquatic, be they genetically engineered or altered or otherwise; “animal carcass” includes the carcass and meat of an animal and such of its offal as is intended for human or animal consumption; “animal disease” includes anthrax, avian influenza, bovine spongiform encephalopathy, brucellosis, contagious bovine plueropneumonia, equine encephalomyelitis, equine infectious anaemia, epizootic abortion, foot and mouth disease, glanders and farcy; haemorrhagic septicaemia, infectious laryngotracheitis, mange ovine (commonly known as “sheep scab”), melitensis infection (commonly known as “Malta fever”), Newcastle disease (commonly known as “fowl pest” or “fowl plague”), paralytic rabies (which are bat transmitted), psittacosis, rabies, rinderpest, sarcoptic mange in horse, scrapie, swine erysipelas, swine fever including African swine fever and hog cholera, tuberculosis, trypanosomiases including dourine, mal de caderas, surra and trypansosoma vivax infection, variola ovina, variola vaccinia, and such other diseases as set out in the First Schedule to this Act or which the Minister may by Order declare to be an animal disease; “animal parts” means the bones and the bone-meal, untanned hides and skins, flashings, hooves, horns, claws, hair bristles, wool, feathers, offal, whether fresh or dehydrated blood, meat scraps of an animal or any other part of an animal other than the meat or offal, intended for human or animal consumption which has been separated from the carcass; Animals (National and International Movement and Prescribed 8 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS “animal products” means the derivatives of animals intended for human or animal consumption or for pharmaceutical, agricultural, industrial or domestic use; “animal-related items” includes animal carcass, animal products, animal parts, veterinary biological products, fodder and litter; “Authority” means the— (a) Veterinary Authority established under section 3; or (b) Public Authority or public officer of any other country charged with the duty of administering the laws of that country with respect to the importation and quarantine of animals; “bee disease” includes Acariasis of bees, American foulbrood, European foulbrood, Nosema of bees, Varroasis and any other disease which the Minister may by Order declare to be bee disease; “captain” includes the master or person in charge or control of a sea-going vessel; “Chief Veterinary Officer” means the Chief Veterinary Officer appointed under section 3 of the Act; “Council” means the Veterinary Advisory Council established under section 8; “disinfection” means the utilization of any approved substance or process designed to prevent, eliminate or reduce any pest or micro-organisms with which animals, animal carcasses or animal products, may be affected; “equine” includes donkeys and mules; “equipment” includes a container or utensil; “fish” includes crustacea and turtles; “fish disease” includes Bonamiosis, Epizootic haematopoietic necrosis, Haplosporidosis, Infectious haematopoietic necrosis, Iridovirosis, Marteiliosis, Mickocytosis (Mickrocytos mackin), Oncorrhynchus masou virus disease, Perkinosis, Spring viraemia of Carp, Viral haemorraghic septicaemia and any other disease which the Minister may by Order declare to be a fish disease; “fodder” means grass, hay or any other substance commonly used as food for animals; “Foreign Authority” means the local authority of any other country charged with the duty of administering the laws of that country with respect to the importation and quarantine of animals; “functions” include duties; “import” means bringing into St. Christopher and Nevis by any means whatever; “infected area” means an area declared by the Minister by Order under section 22 to be infected by animal disease; “infected place” means a place declared by the Minister by Order under section 23 to be infected by animal disease; “insect” includes members of the class Insecta and of the class Arachnida; “inspector” means an inspector appointed under section 7; Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 9 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS “landing permit” means a permit issued in the prescribed form; “litter” means straw or any other substance commonly used as bedding for, or otherwise used in respect of animals; “Minister” means the Minister responsible for livestock and veterinary services; “OIE Code” means the World Organisation for Animal Health Code also known as the International Office of Epizootics Code; “owner” in relation to any land, means the person who for the time being is receiving the rent for the land, whether on his own account or as agent or representative for any other person, or who would receive the rent if the land was let for rent; “package” means any container, box, covering wrapper or any other thing whatever in which animals, or animal-related items are or have been or, are capable of being, imported, kept or conveyed from one point to another; “port of entry” means a prescribed port of entry; “poultry” means domestic fowl, turkey, geese, duck, guinea fowl, pheasant, pigeon or quail and includes any bird reared for meat or eggs; “prescribed” means prescribed by this Act or Regulations made under this Act; “prescribed disease” means— (a) any disease specified in the First Schedule or declared by the Minister to be an animal, bee or fish disease; (b) any other disease prescribed for the purposes of this Act; or (c) any other disease which the Minister after consultation with the Veterinary Authority, by Order declares to be a prescribed disease; “prescribed port area” means the area of any port of entry, the limits of which are prescribed; “refuse” includes dung; “regulated articles” includes any package, equipment or other thing used in connection with an animal or animal-related item; “veterinary biological product” includes any substance commonly known as antibiotics, chemotherapeutic agents, hormones, vaccines, sera, toxins, anti toxins, antigens and micro-organisms and parts of micro-organisms living or killed or any other biological substance which is intended solely for use in the practice of veterinary medicine, and includes germplasm of animals for use in artificial insemination, and embryo transfer. PART II ADMINISTRATION Establishment of the Veterinary Authority. 3. (1) There is hereby established the Veterinary Authority which shall be the Chief Veterinary Officer. Animals (National and International Movement and Prescribed 10 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) The Minister may, by Order designate such other persons or such public authority as he thinks fit, to be the Veterinary Authority for the purposes of this Act. (3) The functions of the Authority shall be to— (a) administer and enforce this Act or any subsidiary legislation made thereunder; (b) be responsible for the inspection and certification of animals, animal products, genetic material, including semen and embryos, livestock feeds, veterinary biologicals and veterinary drugs imported or exported into St. Christopher and Nevis; (c) carry out detection activities and maintain up-to-date information on the animal health status of St. Christopher and Nevis; (d) cause to be conducted and maintained antemortem and postmortem inspection of slaughtered animals in accordance with the Recommended International Code for Ante-Mortem and Post-Mortem Inspection of Slaughter of Animals and for Ante-Mortem and Post Mortem Judgment of Slaughter of Animals and Meat provided within the framework of the OIE Code; (e) coordinate animal health epidemiological surveillance activities; (f) develop animal health diagnostic and analytical capabilities as well as to establish laboratories; (g) distribute information regarding prescribed animal diseases and the means of their prevention and control; (h) evaluate and establish areas free of, or with low prevalence of animal pests and diseases; (i) facilitate the inspection and certification of exports of animals, animal products and animal-related items from St. Christopher and Nevis; (j) furnish certificates and documentation, on application in writing by an exporter of any animal or animal-related item and on payment of the prescribed fee; (k) issue a certificate relating to the health or to any period of quarantine of any animal in St. Christopher and Nevis, and any information relating to animal-related items as is required by the law of any country importing an animal, or animal-related item from St. Christopher and Nevis; (1) monitor, evaluate and establish areas free of, or with low prevalence for, animal pests and diseases; (m) oversee the training and development of inspectors; (n) provide documentation or information as may be required by a Foreign Authority which appears to be necessary in preventing the introduction of any prescribed disease into that country or the spread therein of any disease as a consequence of the movement of any animal, or animal related item or any refuse from St. Christopher and Nevis to that country, or which relates to the safe and humane movement of animals between St. Christopher and Nevis and that country; Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 11 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (o) provide, in consultation with the Council, policy guidelines for all inspections of animals slaughtered in St. Christopher and Nevis; (p) provide information regarding import and export regulations in force, and technical requirements for animals, and animal-related items, on request from any interested international or regional organization, or country; (q) undertake, in consultation with the Ministry responsible for Health, emergency quarantine action where circumstances arise from the presence or likely presence of a hazard that may pose a risk to human, or animal health; (r) undertake or cause to be undertaken risk assessment studies as may be required under the Act or Regulations or any international trade instrument to which Saint Christopher and Nevis is a party to; and (s) recommend to the Minister the establishment of quarantine stations at any place as may be deemed necessary. (4) For the purpose of providing any certificate provided for under this Act or the Regulations, the Authority may direct that any animal, or animal-related item shall be examined or inspected by an inspector. (5) The Authority may in writing designate any duly qualified veterinarian to perform any of its duties under this Act or the Regulations. Operation of services and facilities. 4. The Authority may approve, provide or operate any diagnostic, research, laboratory or other services required for the purposes of this Act or the Regulations. Designation of facilities. 5. The Authority may designate areas, offices, laboratories or other facilities for a specified purpose or generally for the administration of this Act or the Regulations and may at any time amend, cancel or reinstate any such designation. Definition of “international transportation undertaking”. 6. (1) For the purposes of this section, “international transportation undertaking” means— (a) an airport that receives any aircraft operating on an international flight; (b) an undertaking that transports persons, animals, animal-related items or things internationally; (c) a port that receives any ship sailing on an international voyage; and (d) a warehouse or other facility that receives any packages for international air, water, rail or road traffic. (2) The owner or operator of an international transportation undertaking shall, where required in writing by the Minister, provide and maintain adequate areas, offices, laboratories and other facilities, including buildings, accommodation, equipment, furnishings and fixtures, for inspection or for any other purpose related to the administration of this Act or the Regulations. (3) The Minister may— Animals (National and International Movement and Prescribed 12 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) cause to be made improvements he or she considers desirable to any area, office, laboratory or other facility provided pursuant to subsection (2); (b) post, on or about the area, office, laboratory or other facility for as long as is required, a notice of the requirements of this Act or the Regulations. (4) Where an area, office, laboratory or other facility that is provided by an owner or operator of an international transportation undertaking pursuant to subsection (2) is not adequate for the purposes mentioned in that subsection, the Minister may require the owner or operator to carry out any construction or repairs in order to render the area, office, laboratory or other facility adequate for those purposes. (5) The Minister may make Regulations for determining the adequacy of any area, office, laboratory or other facility for the purposes mentioned in subsection (2). Appointment of inspectors. 7. (1) The Minister may appoint inspectors as may be necessary for the purposes of this Act and the Regulations from persons who are qualified veterinarians or who, by training and experience, are in his opinion qualified to be so appointed. (2) An inspector appointed under subsection (1) shall perform the functions required of him in carrying out the provisions of this Act and the Regulations. Establishment of the Veterinary Advisory Council. 8. (1) The Minister shall appoint a Veterinary Advisory Council to advise him on any matter pertaining to the administration of this Act and the Regulations. (2) The Council shall consist of— (a) the Chief Veterinary Officer; (b) the Chief Environmental Health Officer; (c) the Director of Agriculture; (d) the Chief Medical Officer; (e) the Comptroller of Customs; (f) one person representing the private sector; (g) a farmer who is engaged in livestock farming; (h) a person who in the opinion of the Minister represents primate facilities; (i) a person who in the opinion of the Minister represents a regional or international agricultural entity with offices or presence in St. Kitts and Nevis. (3) The Minister shall make Regulations specifying the powers, duties and procedure of the Council. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 13 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS PART III IMPORTATION AND EXPORTATION OF ANIMALS AND ANIMAL-RELATED ITEMS Restriction on importation. 9. (1) A person shall not import an animal or animal-related item unless— (a) the importation is in accordance with an import permit issued by the Authority; and (b) the relevant Authority of the exporting country issues an international veterinary certificate in respect of the importation. (2) Any person who wishes to import any animal or animal-related item into St. Christopher and Nevis shall apply to the Authority in the form prescribed and shall pay the specified fee. (3) On receipt of an application made in accordance with subsection (2), the Authority may, subject to such terms and conditions as it thinks fit, issue to the applicant an import permit which shall be in the form prescribed. (4) In considering an application for an import permit, the Authority may take into consideration only those scientifically justified conditions as are specified in the Regulations, or any conditions established in accordance with international standards. (5) The Minister shall, by Order, on the recommendation of the Authority, specify the countries from which a person may import animals or animal-related items. (6) Notwithstanding the provisions of this section a person shall not import an animal or animal-related item from any country other than a country specified under subsection (5) (7) The Minister may, on the recommendation of the Authority, prohibit the importation into St. Christopher and Nevis of any animal or animal-related item where the importation— (a) in the opinion of the Minister would result in the introduction or spread of any vector, disease or toxic substance; (b) is not done in accordance with established international standards and guidelines issued from time to time by the World Trade Organization and other international organizations. Inspection of imports. 10. (1) Animals, animal-related items and other regulated articles shall, upon importation into St. Christopher and Nevis, be subject to inspection by an inspector at the port of entry. (2) Upon application by the importer and payment of the prescribed fee, and where the container has been sealed and marked as prescribed, certain animals, animal-related items and other regulated articles may be inspected by an inspector at the final destination. Times for inspection. 11. Inspections under section 10 shall be carried out during regular business hours, except where the articles to be inspected are goods in transit or are extremely Animals (National and International Movement and Prescribed 14 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS perishable, in which case, on application by the importer and on payment of the prescribed fee, the Minister may agree to an inspection being carried out at any other time. Action to be taken after inspection. 12. (1) Where upon inspection carried out in accordance with section 10 or 11, the inspector determines that the imported material is not accompanied by any relevant documentation required by the Act or the Regulations, or presents any risk for the introduction or spread of disease, he shall inform the Authority in writing of his findings and the Authority may require by written notice served on the importer that the imported material be subject within five days to— (a) appropriate treatment or disinfection in order to remove the risk; (b) re-exportation; (c) seizure; or (d) destruction by a means specified in the notice. (2) The Authority may forgo notice and carry out any of the actions specified under subsection (1) where in the opinion of the Authority the destruction of the imported material is urgently required or the giving of notice is impracticable. (3) Where the imported material lies unclaimed for two or more weeks after their entry into St. Christopher and Nevis or after treatment, the Authority may take action to destroy them. (4) The costs and responsibility for any action taken under subsection (1), (2) or (3) shall be borne by the importer. (5) The Government shall bear no liability for the destruction or disposal of animals, animal carcasses and animal-related items imported into St. Christopher and Nevis in contravention of this Act. (6) Where upon inspection carried out under section 10 or 11 the inspector determines that the imported material does not present any risk for the introduction and spread of disease, he may release the imported material to the importer. Penalty for importation of animals, etc., without a permit. 13. (1) Any person who imports an animal, animal-related item or other regulated article into St. Christopher and Nevis— (a) who has not obtained an import permit issued under section 9; or (b) who contravenes any term or condition contained in an import permit issued under section 9, commits an offence. (2) Any imported material in respect of which an offence under subsection (1) is alleged to have been committed, may be seized by an inspector and, on the conviction of any person who may be charged with that offence, may be— (a) forfeited to the Crown; and (b) be retained, destroyed or otherwise disposed of as the Minister may direct without liability to the Crown for the retention, destruction or disposal of that imported material. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 15 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (3) A person who commits an offence under this section is liable on conviction to a fine of ten thousand dollars or to imprisonment for one year. Regulations controlling the importation of animals, etc. 14. (1) The Minister may, on the recommendation of the Authority, for the purpose of preventing the introduction or spread of any animal disease into St. Christopher and Nevis, make Regulations prohibiting, controlling or regulating the importation of animals or animal-related items or other regulated articles. (2) Without prejudice to the generality of subsection (1) Regulations made thereunder may make provision with regard to— (a) specifying and defining the ports at which animals or animal-related items or other regulated articles, may be landed; (b) controlling, prohibiting or regulating the movement of animals or animal-related items or other regulated articles into, within, or out of, any prescribed port area; (c) controlling the examination, cleansing, destruction, disposal, seizure and detention of any animal or animal-related item or other thing, in any prescribed port; (d) prescribing risk assessment studies as the basis for making decisions regarding the importation of animals or animal-related items; (e) prescribing the documents and their contents, which are to be provided in connection with the importation or landing of any animal or animal related item, as well as the certificate which is to be issued by the Authority of the country from which such animal or animal-related item is to be exported; and (f) the fees and expenses to be incurred for any purposes for which Regulations may be made under this section and the persons to whom they are to be paid and the manner in which they may be recovered. Import permit for animals, etc., to perform at circus, exhibition, etc. 15. (1) The Authority may grant to any person a permit to import any animal into St. Christopher and Nevis for the purposes of any exhibition, performance or circus. (2) Any permit granted under this section may contain such terms and conditions as the Authority thinks necessary. (3) Every person desirous of applying for a permit under this section shall make application to the Authority in the prescribed form. Export of animals and animal-related items. 16. (1) Any person who intends to export an animal or animal-related item from St. Christopher and Nevis shall submit the animal or animal-related item, and any document prescribed, for examination by the Authority. (2) Where upon examination, the Authority, taking into consideration the requirements of the importing country— Animals (National and International Movement and Prescribed 16 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) is satisfied that the conditions of the issuance of an international veterinary certificate have been met, the Authority shall issue the certificate; (b) is not satisfied that the animal or animal-related item intended to be exported are free of any risk for the exportation and spread of disease or do not otherwise satisfy the provisions of this Act the animal or animal-related item shall be— (i) subject to appropriate treatment in order to remove the risk; or (ii) destroyed or otherwise disposed of at the expense of the exporter. (3) Any person who exports an animal or animal-related item contrary to subsection (1) and (2) commits an offence and is liable on conviction to a fine of ten thousand dollars or to one year’s imprisonment. Prohibition on the movement of animals. 17. (1) The Minister may, whenever he or she thinks it necessary, in order to ensure the safe and humane treatment of animals which are to be moved from one district to another within St. Christopher and Nevis to another country, by Order prohibit or require the postponement of, for the period he or she specifies in the Order— (a) the movement from St. Christopher and Nevis of such animals as he or she shall specify; (b) the movement from St. Christopher and Nevis of any animal on such vessel as he or she shall specify; and (c) the movement from one district or locality to another within St. Christopher and Nevis of any animal on any vehicle as he or she may specify. (2) Where an animal is moved contrary to subsection (1), the Authority may order— (a) that the animal be placed in quarantine; (b) that the animal, be returned to its place of origin; or (c) the disposal or destruction of the animal where there is a risk of spread of prescribed diseases. PART IV ANIMAL QUARANTINE Quarantine stations. 18. (1) The Minister may prescribe quarantine stations in such places as the Minister may deem necessary and all animals required to be quarantined under this Act or the Regulations, or under any import permit granted thereunder, shall be placed within such stations in accordance with the orders of an inspector. (2) An inspector shall order an animal to be placed within a quarantine station pursuant to subsection (1) where the animal may— Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 17 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) be suffering from an animal disease; (b) have been in contact with another animal— (i) suffering from an animal disease; or (ii) which has not been tested or inspected to determine if it is suffering from an animal disease. (3) Where the Minister prescribes a station for the quarantine of animals for the purposes of this Act, the quarantine station shall— (a) meet the international standards for the reception and quarantine of the animals to be received there; and (b) have available an inspector or a duly qualified veterinarian authorized by the Veterinary Authority to provide veterinary attention at the station daily. Quarantine of animals. 19. (1) Every animal which is imported, where required by the Authority, shall on being landed, be placed in quarantine for such period and subject to such conditions as may be prescribed. (2) Notwithstanding that any imported animal is exempted from the requirements of subsection (1), an inspector who has cause to suspect that the animal— (a) may be suffering from a prescribed or other infectious or contagious animal disease; or (b) may have been in contact, during its transportation to St. Christopher and Nevis, with any animal which is or may be suffering from a prescribed or other infectious or contagious animal disease or with any animal which is not exempted from the requirement of being placed in quarantine; or (c) has otherwise been exposed to the risk of contracting a prescribed or other infectious or contagious animal disease, may, with the approval of the Authority, direct that the animal shall on being landed, be placed in quarantine. (3) Nothing in this section shall be construed as restricting the power of the Authority to impose, as a condition in an import permit issued under section 9 in respect of any animal to be imported into St. Christopher and Nevis, the requirement that the animal be placed in quarantine for such period and subject to conditions as the Authority may specify in the import permit. Prescribed quarantine station. 20. (1) An animal which is, by virtue of this Act or any regulations, subject to quarantine, shall on being landed, be placed in a prescribed quarantine station and be under the control of an inspector. (2) Any animal which develops any prescribed or other infectious or contagious animal disease while in a quarantine station or, in the opinion of the inspector, shows symptoms of any disease, the spread of which would endanger Animals (National and International Movement and Prescribed 18 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS animal health in St. Christopher and Nevis may, with the approval of the Authority, be destroyed pursuant to Part V without payment of any compensation. PART V CONTROL AND DESTRUCTION OF DISEASED ANIMALS Segregation and notification of diseased animals. 21. (1) Every person having in his possession or under his charge an animal suffering from a prescribed disease shall— (a) keep the animal isolated from other animals which are not diseased; and (b) as soon as possible but not later than twenty-four hours, give notice of the fact of the animal being diseased to the nearest inspector, or to the person in charge of the nearest police station. (2) The person to whom notice under subsection (1)(b) is given, shall, if not an inspector, forthwith give information thereof to an inspector. Infected areas. 22. The Minister may by Order, whenever it appears necessary or expedient to do so by reason of the existence of any animal disease, declare any area of St. Christopher and Nevis to be infected with that animal disease, and any Order so made shall specify— (a) the limits of the infected area; (b) that no international trade in animals, animal products or animal related items shall be conducted in or from St. Christopher and Nevis in respect of animals in the infected area. Infected places. 23. (1) Where the Authority suspects that any animal disease exists in any place within St. Christopher and Nevis, it shall forthwith sign a notice to that effect and the notice shall contain a declaration that the place, the limits whereof shall be specified therein, is an infected place. (2) The notice referred to in subsection (1) shall be served by an inspector upon the owner or occupier of the place. (3) Upon service of the notice, the place therein specified shall be an infected place subject to confirmation by the Minister pursuant to the provisions of subsection (5). (4) Notwithstanding subsection (3) the Authority may, at any time within twenty days of such service and after further investigation by an inspector but before confirmation by the Minister pursuant to subsection (6), withdraw the notice and thereafter the place shall cease to be an infected place. (5) The Authority shall with all practicable speed send a copy of the notice issued under subsection (1) to the Minister, and where the notice has been withdrawn Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 19 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS pursuant to subsection (4) the Authority shall forthwith inform the Minister of that fact. (6) Upon receipt by the Minister of the copy of the Notice issued by the Authority under subsection (1), the Minister shall, unless the notice has been withdrawn, forthwith consider the matter and where he or she is satisfied that such course is expedient or necessary, cause the Notice to be published in the Gazette declaring the place specified in the notice to be an infected place and may also declare at the same time that any other place containing, adjoining or surrounding the infected place is an infected area for the purpose of section 22. Declaration that a place is no longer infected. 24. (1) A place, or part of a place, that has been declared to be an infected place ceases to be an infected place when on the advice of the Authority the Minister declares in writing that the animal disease described in the declaration no longer exists in the place or any part thereof. (2) Where the Minister makes such a declaration then he or she shall cause a Notice to that effect to be published in the Gazette. Animals, etc. not to be taken or removed from infected place without licence of inspector. 25. (1) Subject to any Regulations made under this Act, no person shall, without a licence issued by an inspector, remove from or take into an infected place any animal or animal related item or other thing. (2) Where an inspector believes on reasonable grounds that any animal or animal-related item, or other thing has been removed from or taken into an infected place in contravention of subsection (1), the inspector may, whether or not the animal or animal-related item or other thing is seized— (a) return it to, or remove it from the infected place, or move it to any other place; or (b) require its owner or the person having the possession, care or control of it to return it to, or remove it from the infected place, or move it to any other place. (3) A request under subsection (2)(b) shall be communicated by personal delivery of a notice to the owner or the person having the possession, care or control of the animal or animal-related item or other thing. (4) Where a request under subsection (2)(b) cannot be communicated by personal delivery, the notice shall be sent to the owner or the person having the possession, care or control of the animal or animal-related item or other thing. (5) A notice in respect of a request under subsection (2)(b) may specify the period within which and the manner in which the animal or animal-related item is to be returned, moved or removed. Slaughter of diseased animals. 26. (1) An inspector, with the approval of the Authority, may cause any animal— (a) suffering from a prescribed disease; (b) reasonably suspected of having a disease; or Animals (National and International Movement and Prescribed 20 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (c) which has been in the same place, or upon the same land, or in the same herd, flock or group as, or in contact with, any diseased animal or any animal suspected of having a disease, whether or not the place, land or area has been declared to be an infected place or area, to be slaughtered in order to prevent the spread of any animal disease; and for that purpose the inspector may give all necessary directions. (2) An inspector may, for the purpose of observation and treatment, take possession of and retain any animal liable to be slaughtered under this section, or order the removal of that animal to a quarantine station. Disposal of animals. 27. (1) Any animal slaughtered pursuant to section 26(1) of this Act or any Regulations made hereunder, or which dies as the result of disease, shall be destroyed, buried or otherwise properly disposed of in a sanitary manner and as soon as practicable, in such manner as may be prescribed and in accordance with international standards and guidelines for the disposal of such animals. (2) An inspector and the owner of an animal shall comply with subsection (1). Compensation. 28. (1) The Minister may award compensation under subsection (2) to the owner of any healthy animal slaughtered pursuant to section 26(1). (2) It shall be lawful for the Minister, out of moneys approved for that purpose by the National Assembly, to make grants by way of compensation to occupiers and owners, according to their respective interests, in respect of healthy animals destroyed in order to achieve eradication, control or prevention of the further spread in or introduction into St. Christopher and Nevis of an animal disease. (3) The amount of compensation for each animal slaughtered pursuant to section 26(1) shall not exceed the fair market value of the animal immediately before slaughter, and compensation may be reduced or refused where the owner or the person having charge of the animal has been found guilty in relation to the animal, of an offence under this Act or the Regulations. (4) No compensation shall be payable in respect of an animal compulsorily slaughtered while in a quarantine station if, in the opinion of the Authority that animal was diseased at the time of importation into St. Christopher and Nevis. Amendment of definition of “disease”. 29. The Minister may, on the recommendation of the Authority, from time to time by Order add any particular animal, bee or fish disease to, or remove any particular animal, bee or fish disease from, the definition of animal, bee or fish disease contained in section 2 and in the First Schedule. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 21 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS PART VI POWERS OF INSPECTORS Power of apprehension. 30. (1) Where any person fails to comply with any requirement of this Act or the Regulations relating to the— (a) importation or landing into St. Christopher and Nevis of any— (i) animal, or animal-related item; (ii) refuse; or (iii) equipment which has been used in connection with any animal or animal-related item or refuse; (b) placing of any animal in quarantine; (c) keeping or retention of any animal in quarantine, or its removal therefrom or any condition imposed pursuant thereto; and (d) disinfection of any animal, or animal-related item, or refuse or any equipment, a police officer or an inspector may, without a warrant, stop and detain the person, and if his name and address cannot reasonably be ascertained, may arrest him without a warrant. (2) Where any person obstructs or impedes any police officer or inspector in the execution of his duties under this Act or the Regulations, the police officer or the inspector may arrest that person without a warrant. (3) A person arrested under this section shall be taken as soon as practicable before a magistrate and in any event within seventy-two hours of his or her arrest. Power of inspection. 31. (1) For the purpose of detecting animal diseases or toxic substances or ensuring compliance with this Act and the Regulations, an inspector with or without the assistance of a police officer may— (a) conduct any tests or analyses or take any measurements; (b) examine any animal, or animal-related item in respect of which this Act or the Regulations apply and take samples of it; (c) open any receptacle, baggage, package, cage or other thing that the inspector or police officer believes on reasonable grounds contains any animal or animal-related item in respect of which this Act or the Regulations apply; (d) require any person to present any animal or animal-related item for inspection in the manner and under the conditions that the inspector considers necessary to carry out the inspection; (e) require any person to produce for inspection or copying, in whole or in part, any record or document that the inspector or police officer believes on reasonable grounds contains any information relevant to the administration of this Act or the Regulations; and Animals (National and International Movement and Prescribed 22 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (f) subject to section 11, at any reasonable time, enter and inspect any place, or stop any conveyance, in which the inspector believes on reasonable grounds there is any animal or animal-related item in respect of which this Act or the Regulations apply. (2) In carrying out an inspection at any place or in discharging his duties under this Act or the Regulations, an inspector may— (a) in relation to any animal, make examinations, apply tests, take samples, use vaccines or serum and apply marks as may be reasonably necessary, or as may be required or prescribed by this Act or the Regulations or required by the Authority; (b) enter any land or premises for the purpose of examining, testing, sampling or marking any animal; (c) require any person, being the owner or being in charge of animals or the owner or occupier of or employed on lands or premises so entered, to give— (i) assistance or to carry out instructions as may be reasonably necessary for the purpose of examining, testing, sampling or marking; or (ii) information as may be reasonably necessary in connection with the furtherance of the eradication of any animal disease or for the administration of this Act. (3) In carrying out an inspection at any place in accordance with this section, an inspector may— (a) use or cause to be used any data processing system at that place to examine any data contained in or available in the system; (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at that place to make copies of any record or other document. Power of entry and search. 32. (1) An inspector may, without a warrant, at any time enter and search any land, building or place and may stop, detain and examine any vessel or vehicle where he has reasonable grounds to believe that there is in that place, vehicle or vessel any— (a) animal, animal-related item, refuse or equipment with which has been landed or imported into St. Christopher and Nevis in contravention of this Act or the Regulations or an import permit or in respect of which there has been a failure to comply with any requirement imposed pursuant thereto; (b) animal that has been removed from, or has not been placed, kept or retained in quarantine as required by the provisions of this Act or the Regulations or an import permit, or in breach of any condition imposed thereunder, has not been kept or retained in quarantine or has been removed. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 23 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) An inspector exercising any of the powers mentioned in subsection (1) shall, properly identify himself and at the request of the owner, occupier or other person in charge of the premises, vehicle or vessel, state in writing his reasons for the exercise of that power. Power to seize and detain. 33. (1) For the purpose of enforcing the provisions of this Act, an inspector may seize and detain, on reasonable grounds and for such time as may be necessary, any animal or animal-related item or other thing. (2) An inspector or police officer who seizes and detains an animal or animal related item or other thing under this Act or the Regulations shall, immediately or as soon as is practicable, notify its owner or the person having possession, care or control of the reason for the seizure. Storage and removal of seized animals, etc. 34. An inspector or police officer who seizes and detains an animal or animal related item or other thing under this Act or the Regulations, or any person designated by the Authority, may for the purposes of storage— (a) require its owner or the person having the possession, care or control of it at the time of the seizure to remove it to any place; or (b) store it at the place where it was seized or remove it to any other place. Prohibition on the interference with seized animals, etc. 35. Except authorized in writing by the Authority, no person shall remove, alter or interfere in any way with any animal or animal-related item or other thing seized and detained under this Act or the Regulations. Provisions relating to detained animals, etc. 36. An animal, animal-related item or other thing seized and detained under this Act or the Regulations shall not be detained after— (a) a determination by an inspector that the animal or animal-related item or other thing is in conformity with the provisions of this Act or the Regulations; or (b) the expiration of one hundred and eight days after the day of seizure, or any other period as may be prescribed, unless before that time proceedings are instituted in relation to the animal or animal-related item or other thing, in which case it, or the proceeds from its disposition, may be detained until the proceedings are finally concluded. Power to detain vessels. 37. (1) Where the Authority is satisfied that there has been a failure on the part of the captain of any vessel in a prescribed port to comply with a requirement of this Act or the Regulations, or with a condition imposed pursuant thereto, the Authority may cause the vessel to be detained until the Minister otherwise directs. Animals (National and International Movement and Prescribed 24 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) The Authority shall forthwith deliver, in writing, to the captain of the vessel, particulars of the non-compliance, which have resulted in the detention of the vessel. PART VII ENFORCEMENT Inability to locate owner or occupier. 38. Where no person is in actual occupation of any land, or where the occupier or owner cannot be located, service of any notice under this Act or the Regulations shall be made by affixing the notice to a conspicuous place on the land, and publishing the notice in a newspaper of general circulation. Arrival notification. 39. A customs officer shall— (a) promptly notify the Authority of the arrival of any animal, or animal related item or other thing regulated by this Act or the Regulations; and (b) not release or dispose of the animal, animal-related item or other thing unless authorised by the Authority. Detection of animal disease and imposition of quarantine. 40. (1) Where an inspector has reasonable cause to believe that an animal disease may be present on any land, he shall have the power to enter on the land without warrant to carry out survey and detection programmes as well as to treat, destroy or remove animals or animal-related items or other things contaminated with the disease. (2) An inspector, in exercising the powers conferred by subsection (1), shall inform the occupier, if present at the time, of the intention to enter and search, examine, treat, seize or destroy any animal or animal-related item or other thing. (3) An inspector shall also have the power to apply immediate quarantine measures which may be confirmed by the Minister by Order made on the recommendations of the Authority within twenty-one days after the imposition of the quarantine measures. Mail. 41. Any animal-related item moving by mail shall be subject to Regulations administered jointly by the postal service and the Authority. Disposal of affected or contaminated animals, animal-related items etc. 42. Notwithstanding any other provision of this Act to the contrary, the Authority or any person acting on its behalf may dispose of an animal or animal-related item or other thing, or require its owner or any person having the possession, care or control of it to dispose of it, where the animal or animal-related item or other thing— Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 25 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) has been in contact with or in close proximity to another animal or animal-related item or other thing that was, or is suspected of having been, affected or contaminated by a disease or a toxic substance at the time of contact or close proximity; (b) is, or is suspected of being, affected or contaminated by a disease or a toxic substance; or (c) is, or is suspected of being, the causative agent of a disease or a toxic substance. Forfeiture. 43. (1) Where a person is convicted of an offence under this Act, the court may, on its own motion or at the request of any party to the proceedings, in addition to any punishment imposed, order that any animal or animal-related item or other thing by means of or in relation to which the offence was committed or any proceeds realized from its disposition, be forfeited to the Crown. (2) Where the owner of an animal or animal-related item or other thing seized and detained under this Act or the Regulations consents to its forfeiture, it is thereupon forfeited to the Crown and shall be disposed of as the Authority directs. Forfeiture upon conviction. 44. (1) Where proceedings are instituted, and the court orders the forfeiture of an animal or animal-related item or other thing that was seized and detained, it shall be disposed of as the Authority directs. (2) Where the court does not order the forfeiture of an animal or animal related item or other thing, then the animal or animal-related item or other thing, or any proceeds realized from its disposition shall be returned to the owner of the animal or animal-related item or other thing or the person having the possession, care or control of it at the time of its seizure. (3) Where the owner of an animal or animal-related item or other thing or the person having the possession, care or control of it at the time of its seizure is convicted of an offence under this Act and a fine is imposed— (a) the animal or animal-related item or other thing may be detained until the fine is paid; or (b) the animal or animal-related item or other thing may be sold under auction in satisfaction of the fine. PART VIII OFFENCES General Offences. 45. Any person who either personally or indirectly through an employee or agent— Animals (National and International Movement and Prescribed 26 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (a) assaults, resists, threatens, or wilfully obstructs any inspector or the Authority while exercising lawful powers under this Act or the Regulations; (b) fails to comply with any order or direction lawfully made or given under this Act; (c) imports any animal or animal-related item at a port of entry not specified in the Regulations; (d) imports any animal or animal-related item contrary to any requirements specified under this Act or the Regulations; (e) fails to allow a search or inspection authorised under this Act; (f) knowingly or recklessly provides information which is false, for the purpose of obtaining any document under this Act or the Regulations; or (g) alters, forges, defaces, or destroys any document issued under this Act or the Regulations, commits an offence and is liable on conviction to a fine of ten thousand dollars and six months’ imprisonment. Offences by inspectors. 46. Any inspector who— (a) acts in contravention of the provisions of this Act or any regulations made pursuant thereto; (b) agrees to do or abstain from doing, permits, conceals, or connives in doing any act or thing contrary to the proper execution of his official duties under this Act or its regulations; (c) discloses any confidential information acquired in the performance of his official duties relating to any person, firm, or business, except when required to do so as a witness in any court or under the authority of this Act; or (d) in connection with any official duty directly or indirectly demands or takes any payment, gratuity or other reward to which that inspector is not entitled, commits an offence and is liable on conviction to a fine of thirty thousand dollars and to imprisonment for one year. Offences by captain, etc. of a vessel. 47. When an animal, animal-related item, refuse, or any equipment which has been used in connection therewith is landed from any vessel in contravention of this Act or the Regulations, the captain of the vessel and the owner thereof commit an offence under this Act. Offences by corporations. 48. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorised, assented to, acquiesced or participated in the commission of the offence commits an offence and is liable on Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 27 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. Offences by employees and agents. 49. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that— (a) he or she exercised all due diligence to prevent the commission of the offence; and. (b) the offence was committed without his or her knowledge or consent. Penalty. 50. A person who commits an offence under this Act shall, where no other penalty is provided, be liable on conviction to a fine of five thousand dollars and six months’ imprisonment. Evidence. 51. (1) In any prosecution for an offence under this Act or the Regulations, a declaration, certificate, report or other document of the Authority or an analyst, inspector or police officer, purporting to have been signed on behalf of the Authority or the analyst, inspector or police officer, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. (2) In any prosecution for an offence under this Act or the Regulations, a copy of an extract from any record or other document that is made by the Authority or an analyst, inspector or police officer under this Act or the Regulations and that appears to have been certified under the signature of the Authority or the analyst, inspector or police officer as a true copy or extract is admissible in evidence. (3) Any document referred to in subsection (1) or (2) shall, in the absence of evidence to the contrary, be deemed to have been issued on the date that it bears. (4) Any declaration, certificate, report, copy, extract or other document referred to in this section shall not be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced notice of that intention, together with a duplicate of the declaration, certificate, report, copy or extract. PART IX GENERAL Regulations for the humane transportation of animals. 52. The Minister may make Regulations— (a) for protecting animals carried by air, land or sea and for ensuring that such animals are given adequate food and water and proper ventilation during the journey; Animals (National and International Movement and Prescribed 28 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (b) prescribing and regulating the construction and fittings of the parts of vessels, aircraft or other forms of transportation used for the carriage of animals; and (c) prohibiting the conveyance of animals by any specified vessel or aircraft for such time as the Minister may consider expedient. General regulations for animals, animal-related items, etc. 53. (1) The Minister may, for the purposes of this Act, make Regulations— (a) prescribing and regulating the examination, inspection, seizure and detention of any animal, or animal-related item, prior or subsequent to its being landed in St. Christopher and Nevis; (b) prescribing the marking by tagging or in any other manner of any animal and other thing imported into St. Christopher and Nevis whether as a condition of landing or otherwise; (c) prescribing animal identification systems and packaging and labelling of animal products for trace back to the country of origin; (d) providing for the application to animals imported into St. Christopher and Nevis of any test for any prescribed or other infectious or contagious disease or of any treatment, vaccination or inoculation; (e) prohibiting or regulating the importation of any equipment and other thing, which has been used in connection with any animal, animal related item, or refuse and which is capable of transmitting any prescribed or other infectious or contagious disease affecting animals; (f) prescribing and regulating the testing of any veterinary biological product which is to be, or may be, imported into St. Christopher and Nevis; (g) prescribing the conditions under which the countries from which, cooked, frozen or fresh meat, may be imported into St. Christopher and Nevis; (h) prescribing the conditions under which animals may be imported into St. Christopher and Nevis particularly the necessary conditions relating to the provision of food, water and ventilation, and the protection during loading and unloading for different categories of animals; (i) regulating the quarantining of animals, the duration of the quarantine to be imposed on each category of animal, the category of animals to be exempted, and the circumstances under which exemption may be granted; (j) prescribing the stations to be used for animal quarantine, and designating, different stations where quarantine may be done; (k) providing for the cleansing and disinfection, and the subjection to quarantine of vessels used for the transportation of animals to St. Christopher and Nevis; (1) regulating emergency quarantine actions; Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 29 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (m) requiring and regulating the mode of cleaning and disinfection in a prescribed port area of any item including the hands or feet, the wearing apparel or articles in the possession of any person arriving in St. Christopher and Nevis on any vessel being used for the transportation of animals from any country in which there is an outbreak of a prescribed disease or any other infectious or contagious disease; (n) prescribing the time at which, and prescribing and regulating the mode and conditions under which, animals may be slaughtered in a prescribed port area; (o) prescribing and regulating the notice to be given to the Authority of proposed exports of animals; (p) prohibiting except under licence, the export of animals; (q) prescribing and regulating the conditions in respect of the detention, testing and inspection of animals prior to export; (r) declaring the establishment of areas free of, or with low prevalence for animal pests and diseases; (s) prescribing the diseases to be classified as prescribed diseases; (t) prohibiting or regulating testing for prescribed diseases; (u) for causing or requiring notice to be given of the appearance of any disease or toxic substance among animals; (v) prescribing and regulating the publication, in relation to a place or area declared infected; (w) prohibiting or regulating the movement of persons and conveyances within, into or out of, infected places or areas; (x) prohibiting or regulating the removal of carcasses, eggs, fodder, litter, utensils, pens, hurdles, dung, or other things into, within, or out of an infected place or area; (y) for purifying any place or thing that is likely to contain a vector or to be contaminated by any disease or toxic substance; (z) regulating the procedure by which duly authorised and certified cats or dogs may enter St. Christopher and Nevis and be kept for limited periods in restricted areas— (aa) prescribing charges, fees, which may be charged or levied for any purpose under this Act, the persons by whom and to whom they are to be paid and the manner in which they may be recovered ; (bb) prescribing sanitary and health measures for establishments in which animal semen and animal embryos are collected, stored, frozen or processed; (cc) for the registration, sale and distribution of animal fodder, including the prescription of authorised levels of toxins or other additives to such fodder; Animals (National and International Movement and Prescribed 30 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (dd) prescribing or regulating anything which is required or authorised by this Act to be prescribed or regulated generally for the better carrying out of the provisions of this Act. (2) Regulations made under subsection (1) shall comply with the OIE Code, and where there is any inconsistency between the Regulations and the OIE Code, the relevant standards prescribed in the OIE Code shall prevail. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 31 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS FIRST SCHEDULE (Sections 2 and 29) PRESCRIBED DISEASES General • Foot and mouth disease • Swine vesicular disease • Peste de petits ruminants • Lumpy skin disease • Bluetongue • African horse sickness • Classical swine fever • Newcastle disease • Vesicular stomatitis • Rinderpest • Contagious bovine pleuropneumonia • Rift Valley fever • Sheep pox and goat pox • African swine fever • Highly pathogenic avian influenza Multiple species disease • Anthrax • Aujeszky’s disease • Echinococcosis/hydatidosis • Heartwater • Leptospirosis • New World screwworm (Cochliomyia hominivorax) • Old World screwworm (Chrysomya bezziana) • Paratubercolosis • Q fever • Rabies • Trichinellosis Cattle disease • Bovine anaplasmosis • Bovine babesiosis • Bovine brucellosis • Bovine cysticercosis • Bovine general campylobacteriosis • Bovine spongiform encephalopathy • Bovine tuberculosis • Dermatophilosis • Enzootic bovine leucosis • Haemorrhagic septicaemia • Infectious bovine rhinotracheitis linfectious pustular vulvovaginitis • Malignant catarrhal fever Animals (National and International Movement and Prescribed 32 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS • Theileriosis • Trichomonosis • Tryanosomosis (tsetse-borne) Sheep and goat diseases • Caprine and ovine brucellosis (excluding B. ovis) • Caprine arthritis/encephalitis • Contagious agalactia • Contagious caprine pleuropneumonia • Enzootic abortion of ewes (ovine chlamydiosis) • Maedi-visna • Nairobi sheep disease • Ovine epididymitis (Brucella ovis) • Ovine pulmonary adenomatosis • Salmonellosis (S. abortusovis) • Scrapie Equine disease • Contagious equine metritis • Dourine • Epizootic lymphangitis • Equine encephalomyelitis (Eastern and Western) • Equine infectious anaemia • Equine influenza • Equine piroplasmosis • Equine rhinopneumitis • Equine viral arteritis • Glanders • Horse mange • Horse pox • Japanese encephalitis • Surra (trypanosoma evans) • Venezuelan equine encephalomyelitis Swine disease • Atrophic rhinitis of swine • Enterovirus encephalomyelitis • Porcine brucellosis • Porcine cysticercosis • Porcine reproductive and respiratory syndrome • Transmissible gastroenteritis Avian diseases • Avian chlamydiosis • Avian infectious bronchitis • Avian infectious laryngotracheitis • Avian mycoplasmosis (M. gallisepticum) • Avian tubercolosis Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 33 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS • Duck virus enteritis • Duck virus hepatitis • Fowl cholera • Fowl pox • Fowl typhoid • Infectious bursal disease (Gumboro disease) • Marek’s disease • Pulorum disease Lagomorph disease • Myxomatosis • Rabbit haemorrhagic disease • Rularemia Bee diseases • Acariosis of bees • American foulbrood • European foulbrood • Nosemosis of bees • Varroosis Fish diseases • Epizootic haematopoietic necrosis • Infectious haematopoietic necrosis • Oncorhynchus masou virus disease • Spring viraemia of carp • Viral haemorrhagic septicaemia Molluce diseases • Bonarniosis (Bonamia ostrea, B. exitiosus, Mikrocytos roughleyi) • Marteiliosis (Marteilia refringens, M sydneyi) • Mikrocytosis (Mikrocytos mackini) • MSX disease (Haplosporidium nelsoni) • Perkinsosis (Perkinsus rnarinus, O. olsenil atlanticus) Crustacean diseases • Taura syndrome • White spot disease • Yellowhead disease Other diseases • Leishmaniosis Animals (National and International Movement and Prescribed 34 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS SECOND SCHEDULE DERMATOPHILOSIS (PREVENTION AND CONTROL) REGULATIONS Citation. 1. These Regulations may be cited as the Dermatophilosis (Prevention and Control) Regulations. Notification of Dermatophilosis. 2. The owner or the person in charge of any livestock shall, immediately upon the occurrence of Dermatophilosis, report the same to the Veterinary Division of the Department of Agriculture, or to an Agricultural Extension Officer of the area, or to the nearest Police Station. Prohibition of Movement of Livestock. 3. (1) It shall not be lawful for any livestock to be moved from an infected area to an uninfected area or from an uninfected area to an infected area by the owner or person in charge of such livestock. (2) Areas declared as infected areas shall be declared and announced in the newspapers and on radio and television by the Senior Veterinary Officer in St. Kitts or the Veterinary Officer in Nevis. Entry into Land. 4. It shall be lawful for the Senior Veterinary Officer in St. Kitts or the Veterinary Officer in Nevis, as the case may be, to enter any land, house or farm during normal working hours, with or without police assistance, for the purpose of inspecting any livestock and to ascertain whether such livestock is infected with Dermatophilosis, and to cause the infected livestock to be treated. Destruction of infected Livestock. 5. It shall be lawful on the authority of the Senior Veterinary Officer or the Veterinary Officer in Nevis to destroy, or cause to be destroyed any livestock infected with Dermatophilosis. Disposal of Carcass. 6. Any livestock infected with Dermatophilosis or destroyed under the provisions of these Regulations shall not be sold, and shall be destroyed or buried or disposed of in such manner as may be directed by the Senior Veterinary Officer in St. Kitts or the Veterinary Officer in Nevis. Penalty. 7. Any person who contravenes or fails to comply with any provision of these Regulations commits an offence and shall be liable, on summary conviction, to a fine not exceeding two hundred and fifty dollars, or to imprisonment for a term not exceeding three months. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 35 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS THIRD SCHEDULE ANIMALS (DISEASE AND IMPORTATION) (POWERS OF INSPECTOR) REGULATIONS Citation. 1. These Regulations may be cited as the Animals (Disease and Importation) (Powers of Inspector) Regulations. Interpretation. 2. In these Regulations— “Act” means the Animals (Diseases and Importation) Act; “disease” means any of the diseases referred to in section 2 of the Act and includes any disease declared to be such by Order of the Minister under section 11 of the Act; “Inspector” means the Inspector appointed under subsection (1) of section 3 of the Act, and includes assistant Inspectors; “prohibited country” means— (a) any country in which there is or is suspected to be an outbreak of disease; or (b) any country into which there is a probability of the spread of disease from any such country referred to in the preceding paragraph, and which has been notified as such by the Inspector by notice published in the Gazette and in at least one newspaper circulating in the State; “vessel” means any ship, schooner, sloop, boat or other floating craft. Powers of Inspector. 3. In addition to the powers provided under section 14 of the Act, the Inspector shall have power to seize or detain and to cause to be immediately re-exported, destroyed or otherwise dealt with to his or her satisfaction, any animal, carcass, animal product (including cheese, milk, butter, eggs, ice cream and similar products), fodder, litter, dung, utensils, packing materials (including polythene bags), any birds, whether poultry or not, and any vegetables or fruits, which may be landed inadvertently or otherwise from any vessel or aircraft which has called at or cleared from any prohibited country on its journey to the State. Cost of seizure, re-exportation, etc. to be met by agent of vessel or Aircraft. 4. The cost of any seizure, detention, re-exportation, destruction, or other dealing with any matter or thing referred to in regulation 3 of these Regulations shall be met by the Agent of the Vessel or Aircraft in question, and may be sued for by the Inspector or the Attorney-General as a debt due to the Crown. Offences and Penalty. 5. Any person who obstructs, or impedes, or aids, or abets any other person in obstructing or impeding the Inspector or any person assisting him or her in the exercise of his or her powers under these Regulations commits an offence against Animals (National and International Movement and Prescribed 36 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS these Regulations and shall be liable, on summary conviction, to a fine not exceeding three hundred dollars. (Amended by Acts 7 of 1976 and 9 of 1986) FOURTH SCHEDULE FOOT AND MOUTH DISEASE REGULATIONS PART I Citation. 1. These Regulations may be cited as the Foot and Mouth Disease Regulations. Interpretation. 2. In these Regulations— “Chief of Police” includes the Chief of Police and any person to whom authority has been delegated by the Chief of Police under paragraph (2) of regulation 3 of the Airport Regulations; “prohibited country” means— (a) any country in which there is, or there is suspected to be, an outbreak of Foot and Mouth Disease; or (b) any country into which there is a probability of the spread of Foot and Mouth Disease from any such country referred to in the preceding paragraph, and which has been notified as such by the Inspector by notice published in the Gazette and in at least one newspaper circulating in the State; “vessel” means any ship, schooner, sloop, boat, or other floating craft. PART II Landing of Passengers from Prohibited Country. 3. (1) No through passenger arriving in the State by any vessel which has called at or cleared from any port in a prohibited country shall land in the State: Provided that if the Inspector is of opinion that exceptional circumstances exist, he or she may allow a through passenger to land in the State subject to such conditions as the Inspector may see fit to impose, and thereupon, such through passenger may land in the State and shall comply with any condition so imposed. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 37 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) Every other person arriving in the State by any vessel or aircraft which has called at or cleared from any port or airport in a prohibited country shall, on landing, comply with such directions for disinfecting himself or herself as the Inspector shall direct. (3) In this regulation, the expression “through passenger” means a passenger arriving in the State and intending to depart from the State on a continuous voyage on the same vessel. Landing of things from prohibited country. 4. (1) It shall not be lawful to land in the State without the permission of the Inspector— (a) any cargo, utensil, article or other thing which has been taken on board any vessel or aircraft in a prohibited country; (b) any cargo, utensil, article, or other thing which has been in contact with any such cargo, utensil, article or other thing as aforesaid; (c) any cargo, utensil, article or other thing which has been in contact with any vessel or aircraft which has called at or cleared from any port or airport in a prohibited country. (2) Any cargo, utensil, article or other thing permitted to be landed in accordance with the provisions of paragraph (1), and any lighter, drogher, boat, raft or harbour craft used for transporting any cargo, utensil, article or other thing permitted to be landed as aforesaid, shall, if so required by the Inspector, be disinfected in such manner and at such places as the Inspector shall direct. Discharge of garbage, sweepings or other waste materials from vessels or aircraft. 5. No garbage, sweepings or other waste materials shall be discharged into the territorial waters of, or any place in, the State from any vessel or aircraft which has called at or cleared from any port or airport in a prohibited country. Visits to vessels or aircraft from prohibited country. 6. No person shall visit any vessel or aircraft which has called at or cleared from any prohibited country without the permission, in case of vessels, of the Harbour Master, or in the case of aircraft, of the Chief of Police. Disinfection of Persons. 7. A person coming in contact with any vessel or aircraft which has called at or cleared from any prohibited country, or with the cargo of any such vessel or of any such aircraft, shall take such measures to disinfect himself or herself as the Inspector may direct. PART III Notification of Outbreak or Suspected Outbreak of Foot and Mouth Disease. 8. (1) A person having in his or her possession or under his or her charge any animal affected or suspected to be affected with Foot and Mouth Disease, or the carcass of any animal so affected or suspected, shall, with all practicable speed, give Animals (National and International Movement and Prescribed 38 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS notice of such animal or such carcass being or having been so affected or suspected to the person in charge of the nearest police station. (2) A person in charge of the nearest police station, upon receiving the notice, shall forthwith transmit the information to the Inspector. Action to be taken by Inspector. 9. (1) The Inspector shall, upon receipt of any information pursuant to paragraph (2) of Regulation 8, forthwith cause a notice in Form A in the Schedule to be served upon the occupier of any premises where such animal is. (2) The Inspector shall immediately after the service of the notice referred to in paragraph (1), proceed to the place to which the notice refers, and shall there make a full investigation of all the circumstances. (3) The Inspector may give directions in relation to the steps which shall be taken in dealing with any animal or carcass affected with Foot and Mouth Disease and with any other animal, carcass, vehicle, utensil, implement, fodder, litter, dung or any other article or articles (whether similar to the foregoing or not) likely to spread disease within the infected place, and the occupier of every such infected place shall comply with such directions. (4) A notice under paragraph (1) shall remain in force until withdrawn by a withdrawal notice in Form B in the Schedule. Keeping of animals within an infected place or area. 10. (1) No animal, nor the carcass of any animal nor any portion of such carcass shall be moved out of, or into, or from place to place within any infected place or area, except in accordance with the terms of a permit in writing given by the Inspector. (2) All animals within an infected place or area shall be kept confined in a yard, pen or other enclosure. (3) Any animal straying into or out of an infected place or an infected area may, in the discretion of the Inspector or person in charge of the nearest police station, be shot or otherwise destroyed. Disposal of dead animals within an infected place or area. 11. (1) The carcass of any animal— (a) destroyed pursuant to paragraph (3) of Regulation 10; (b) which died of Foot and Mouth Disease; or (c) which died within an infected place or area, shall be burnt or buried in the infected place or area from or into which it strayed or in which it died, by the owner or occupier of such infected place or area, within six hours of the death of the animal. (2) Where the carcass of the animal is buried it shall be buried at a depth of not less than five feet below the surface of the ground. (3) No person shall exhume or dig up the carcass of any animal nor any portion thereof which is buried within an infected place or area except in accordance with the terms of a permit in writing granted by the Inspector. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 39 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS Disposal of dung, etc., of animals in an infected place or area. 12. (1) No dung of any animal, nor any food, fodder, litter or utensils used in connection with any animal in an infected place or area shall be moved out of such infected place or area. (2) Any dung, food, fodder, litter or utensils shall be burnt or buried or otherwise treated, dealt with, or disposed of as the Inspector may in any particular case direct. Treatment of yard, etc., occupied by diseased or suspected animals. 13. Every part of every yard, pen, other enclosure or defined area where any animal affected with, or suspected of being affected with Foot and Mouth Disease has been kept or isolated, shall be cleansed and treated in such manner as the Inspector may in any particular case direct. Isolation and immunisation of animals and carcasses in infected place or area. 14. (1) Any animal which, within a period of thirty days, has been in contact with any animal affected with Foot and Mouth Disease, shall be isolated and kept confined in a yard, pen, other enclosure or defined area for a period of not less than thirty days after the death or destruction of the last such animal affected with Foot and Mouth Disease. (2) For the purpose of paragraph (1), every person who has disposed of any animal which has been in contact with animals affected with Foot and Mouth Disease shall upon being so required by the Inspector disclose the name and address of any person to whom such animal was disposed of and the place at which such animal was delivered, or the destination to which it was consigned. (3) The Inspector may order that any animals within an infected place or area shall, at the risk and expense of the owner, be immunised against Foot and Mouth Disease by vaccination or otherwise. (4) All animals immunised pursuant to the provisions of paragraph (3) shall be isolated from other animals and kept confined for such period as may be specified. (5) All animals on separate premises within an infected place or area shall be isolated from animals on adjoining premises within or upon the boundary of such infected place or area. (6) No flesh of any animal butchered or slaughtered within an infected place or area shall be offered for sale or used for human consumption. (7) The carcass of any animal which has within seven days immediately preceding the date of its slaughter been in contact with any other animal affected with or suspected of being affected with Foot and Mouth Disease, may be seized and destroyed by the Inspector. Penalty. 15. Any person who contravenes or fails to comply with any provision of these regulations, or with any order, instruction or condition lawfully made, given or imposed by any person under the authority of these regulations, commits an offence against these regulations and shall be liable for each offence, on summary conviction, to a fine not exceeding one thousand five hundred dollars, or to imprisonment for a term not exceeding three months. (Amended by Acts 7 of 1976 and 9 of 1986) Animals (National and International Movement and Prescribed 40 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS SCHEDULE TO THE REGULATIONS FORM A. (Rule 9 (1)) NOTICE DEFINING INFECTED PLACE. To .................................................................... of ..................................................................... I, ....................................................................................................................................... of ................................................................................ being the Inspector appointed under the Animals (International Movement and Diseases) Act, hereby give you notice as the occupier of the under-mentioned premises that the said premises are hereby declared to be an infected place and to become subject to the provisions of the Foot and Mouth Disease Regulations. Dated this ............................................. day of ........................................., 20 ............... ............................................ Title ............................................ DESCRIPTION OF INFECTED PLACE. PREMISES PARISH FORM B. (Rule 9(4)) WITHDRAWAL NOTICE. To .................................................................. of ................................................................. I, ..................................................... of …………................... being the Inspector appointed under the Animals (International Movement and Diseases) Act, do hereby withdraw, as from the ................ day of ......................................, 20 ................ the notice relating to premises in your occupation at ........................................................... dated the ............................................................ day of ....................................... ,20 ........... signed by................................................................... and served upon you the .................................. day of ....................................................... 20 ............... Dated this ......................................... day of ............................................... 20 ............ .................................................. Title............................................... Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 41 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS FIFTH SCHEDULE ANIMALS (IMPORTATION) CONTROL REGULATIONS Citation. 1. These Regulations may be cited as the Animals (Importation) Control Regulations. Interpretation. 2. For the purposes of these Regulations— “animal” shall not include a fish or a monkey; “British Caribbean Territories” means the Colonies of Antigua, Barbados, Dominica, Grenada, Montserrat, St. Lucia, St. Vincent and the British Virgin Islands; (Amended by S.R.O. 24/1965) “cooked or sterilised” means heated throughout to a temperature of not less than 170° F. for a period of not less than 30 minutes; (Inserted by S.R.O. 24/1965) “prescribed certificate” means a certificate which purports to have been given— (a) in the case of Great Britain, by the Ministry of Agriculture and Fisheries; (b) in the case of Northern Ireland, by the Ministry of Agriculture; (c) in the case of the Republic of Ireland, by the Department of Agriculture; (d) in the case of Canada, by the Department of Agriculture; (e) in the case of the United States of America, by the Agricultural Research Service U.S.D.A.; (f) in the case of a British Caribbean Territory, by a Government Veterinary Officer of such Territory; and (g) in the case of any other country, by an Official Veterinarian of the National Government of such country; “vessel” means any ship, schooner, boat or other floating craft. Importation of Animals. 3. (1) No animal shall be imported into the State except in accordance with the provisions of these regulations. (2) No animal shall be imported into the State except in accordance with the terms of a permit granted by the Veterinary Officer. Landing of Animals. 4. (1) No animal imported into the State shall be landed at any port, except the port of Basseterre or at any aerodrome other than the Robert Llewellyn Bradshaw International Airport. (2) Notwithstanding the provisions of sub-regulations (1), the Veterinary Officer may in his or her absolute discretion grant a permit in writing for an animal to Animals (National and International Movement and Prescribed 42 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS be landed at such port or at such aerodrome and upon such conditions as may be specified in such permit. Inspection, Disinfection and Quarantine of Vessels and Aircraft. 5. Where any vessel or aircraft by which animals are imported arrives in the State, the following provisions shall have effect— (a) the agent or owners of the vessel or aircraft shall notify the inspector of the fact that animals are being imported by such vessel or aircraft; (b) the master or captain and the agents or owners of such vessel or aircraft shall afford every facility to the inspector for the proper inspection of such animals; (c) the inspector may place in quarantine such vessel or aircraft or any portion thereof as he or she may deem necessary for preventing the introduction or spread of any communicable disease, and such vessel or aircraft or portion thereof shall remain in quarantine during such period as the inspector may direct; (d) the master or captain of such vessel or aircraft shall carry out such written directions as he or she may receive from the inspector with respect to such quarantine; (e) the master or captain of such vessel or aircraft shall take such measures as the inspector may direct for the cleaning and disinfection of all stalls and boxes in and of any portion of the vessel or aircraft used for the transportation of animals. Inspection of Animals. 6. (1) Every animal before being landed shall be subject to inspection by the inspector who may— (a) if satisfied— (i) that any such animal is suffering from disease; or (ii) that any condition of a permit permitting the importation of any such animal has not been complied with, refuse permission for any such animal to be landed; or (b) grant permission for any such animal to be landed either unconditionally or subject to such conditions as he or she may impose. (2) No animal shall be landed without the prior written permission of the inspector in the form set out in Schedule 1 to these Regulations. (3) Any animal landed in contravention of the provisions of this regulation may be seized by the inspector and, in his or her discretion, detained, destroyed or otherwise disposed of as he or she shall direct. Quarantine of Animals. 7. (1) Subject to the provisions of regulations 6 and 9, and if so required by the inspector, every animal upon being landed in the State shall be removed by such means, in such manner and subject to such conditions as the inspector may direct to a Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 43 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS quarantine and shall there be kept in quarantine for such period as the inspector may direct. (2) The release from quarantine of any animal shall be subject to and dependent upon the result of re-inspection and of any diagnostic examination and any tests which the inspector may deem necessary to employ for the detection of disease. (3) Notwithstanding the expiry of the period of quarantine directed by the inspector under sub-regulation (1), no animal shall be removed from any quarantine station without the prior written permission of the inspector and such permission may be either unconditional or subject to such conditions as may be specified. Expenses of and Destruction of Animals in Quarantine. 8. (1) The expenses of and incidental to the keeping in quarantine of an animal shall be borne by the consignee of such animal. (2) Every animal shall be kept in quarantine at the risk of the consignee. (3) When any animal, while in quarantine in accordance with the provisions of these regulations, develops or, in the opinion of the inspector, shows symptoms of, any disease the spread of which would endanger the health of animals in the State, such animal may, with the approval of the Minister, be destroyed without payment of any compensation. Saving. 9. The provisions of such of these regulations as relate to the importation of animals shall not apply to any animals imported by or on behalf of the Government of the State. Cats and Dogs. 10. (1) No dog or cat shall be imported into the State except such dog or cat is imported directly from one of the countries specified in Schedule 2 to these Regulations. (2) No dog or cat so imported shall be landed unless there is produced to the inspector in respect thereof the prescribed certificate. (3) Such certificate shall state that— (a) such dog or cat is in good health and free from symptoms of infectious and contagious diseases; and (b) there has been no rabies among unquarantined dogs and cats or other animals in the country from which such dog or cat was exported during the six months immediately preceding the exportation of such dog or cat; and if such dog or cat has been in quarantine in such country, that it has completed a six months period of quarantine; and in the case of dogs and cats imported from Bermuda, the Bahamas, the British Virgin Islands, or the United States Virgin Islands— (i) that the exporting country is rabies-free, that is to say, that no indigenously acquired infection has occurred in man or animals at any time during the previous two year period; (ii) that the animal has remained in the exporting country continuously for the previous six months or throughout its life, Animals (National and International Movement and Prescribed 44 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS whichever shall be the shorter period; or, if it has remained for a lesser period of time, that it is accompanied by certificates of residence in other rabies-free countries for the balance of that period, and that such certificates are signed by the Government Veterinarian of each country concerned; and (iii) if the exporting country permits the importation of dogs and cats from rabies infected countries without requiring a statutory six month period of quarantine on entry, that the dog or cat has been vaccinated more than one month but less than twelve months before exportation with a rabies vaccine authorised and approved by the Government of the exporting country. (Amended by S.R.O. 19/1969) (4) No dog or cat so imported shall be landed if, during the period of transportation, it has been in contact with any other cat or dog other than a dog or cat— (a) in respect of which a certificate referred to in sub-regulations (2) and (3) has been given; or (b) which has been released from quarantine in any of the countries specified in Schedule 2 to these Regulations as being free of rabies. Horses. 11. (1) No horse shall be imported into the State except such horse is imported directly from one of the countries specified in Schedule 3 to these Regulations. (2) No horse so imported shall be landed in the State unless there is produced to the inspector in respect thereof the prescribed certificates. (3) Such certificate shall state— (a) that the country from which such horse was exported is free from foot and mouth disease; (b) if such country is not free from foot and mouth disease, that the area from which it originated and through which it was transported to the port of exportation is free from foot and mouth disease; (c) that such horse is healthy and free of infectious disease; or (d) that such horse has been subjected to the Mallein test for glanders (farcy) with negative results; and (e) so far as it has been possible to ascertain no case of dourine (mal du coit), mal de caderas, glanders (farcy), epizootic lymphangitis, ulcerative lymphangitis, influenza, equine infectious anaemia, equine encephalomyelitis, or mange, has occurred in the stables or on the premises where such horse was kept during the thirty days prior to the date of exportation. (4) Notwithstanding the provisions of sub-regulation (3)(d) the inspector may permit the landing in the State of any horse shipped from Great Britain or a British Caribbean Territory without the prescribed certificate: Provided, that, if he or she thinks fit, such animal shall be detained and dealt with in accordance with the provisions of regulations 7 and 8. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 45 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (5) For the purposes of this regulation, “horses” include mares, mules and donkeys. Cattle, Sheep and Goats. 12. (1) No cattle, sheep or goat shall be imported into the State except any such animal is imported directly from one of the countries specified in Schedule 4 to these Regulations. (2) No cattle so imported shall be landed in the State unless there is produced to the inspector in respect thereof the prescribed certificate. (3) Such certificate shall state that— (a) the country from which such cattle were imported is free from foot and mouth disease; (b) such cattle are physically sound, in good health, and free of symptoms of paratuberculosis (Johne’s disease) and other infectious diseases; (c) such cattle have passed negative to an intradermal tuberculin test within ten days prior to the date of exportation; (d) such cattle have reacted negatively to the serum-agglutination test for brucellosis within thirty days prior to the date of exportation; (e) in the case of cattle imported from Trinidad and Tobago, the area from which such cattle were imported has been free from bat-transmitted rabies for a period of at least six months; and that such animals have been vaccinated against rabies not less than thirty days and not more than three months prior to the date of exportation. (Paragraph (e) inserted by S.R.O. 6/1968) (4) No sheep so imported shall be landed unless there is produced to the inspector in respect thereof the prescribed certificate. (5) Such certificate shall state that— (a) the country from which such sheep was exported is free from foot and mouth disease; and (b) such sheep is physically sound, in good health and free from infectious and contagious diseases. (6) No goat so imported shall be landed unless there is produced to the inspector in respect thereof the prescribed certificate. (7) Such certificate shall state that— (a) the country from which such goat was exported is free from foot and mouth disease; (b) such goat is physically sound and free from symptoms of infectious and contagious diseases; (c) such goat has passed negatively to an intradermal tuberculin test within ten days prior to the date of exportation; and (d) such goat has reacted negatively to the serum-agglutination test for brucellosis within thirty days prior to the date of exportation of such goat. Animals (National and International Movement and Prescribed 46 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS Pigs. 13. (1) No pig shall be imported into the State except any such pig is imported directly from one of the countries specified in Schedule 5 to these Regulations. (2) No pig so imported shall be landed in the State unless there is produced to the inspector in respect thereof the prescribed certificate. (3) Such certificate shall state— (a) that the country from which such pig was exported is free from foot and mouth disease and from swine fever (hog cholera); or (b) if such country is not free from foot and mouth disease and swine fever, that the area from which such pig originated and through which it was transported to the port of exportation is free from foot and mouth disease and swine fever; and (c) that such pig is free from symptoms of infectious and contagious diseases. Poultry. 14. (1) No poultry shall be imported into the State except any such poultry is imported from one of the countries specified in Schedule 6 to these Regulations. (2) No poultry shall be landed unless there is delivered to the inspector in respect thereof the prescribed certificate. (3) Such certificate shall state that such poultry are free from and have not been exposed to Newcastle disease (fowl pest). Monkeys. 15. No monkey shall be imported into the State. Carcasses of Cattle, Pigs, Sheep and Goats. 16. (1) No fresh carcass, whether frozen or chilled, nor any cured, pickled or smoked carcass, of any cattle, pig, sheep or goat, or any portion of any such carcass, shall be imported into the State except such carcass or portion thereof is imported— (a) directly from any of the countries specified in Schedule 7 to these Regulations or from any other country from which the Veterinary Officer is satisfied that such importation is unlikely to result in the introduction or spread of disease in the State; and (b) in accordance with the terms of a permit granted by the Veterinary Officer, and accompanied by the prescribed certificate to be produced to the Inspector, stating that the country from which such carcass or portion thereof was exported is free from foot and mouth disease. (Amended by S.R.O. 24/1965) (2) The provisions of sub-regulation (1) shall not apply to— (a) any importation made by or on behalf of the Government of the State; or (b) any cooked or sterilised meat imported in hermetically sealed metal cans. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 47 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS Carcasses of Poultry. 17. (1) No carcass of any poultry or any portion of such carcass shall be imported into the State unless such carcass or portion thereof is imported— (a) directly from any of the countries specified in Schedule 6 to these Regulations; (b) in accordance with the terms of a permit granted by the Veterinary Officer. (2) The provision of sub-regulation (1) shall not apply to any carcass or part of a carcass of any poultry which has been fully cooked. (3) In this regulation, “fully cooked” means cooked throughout the whole of its substance so as to render it unnecessary for it to be further cooked before being used for human consumption. Animal Products. 18. No animal products, including hides, skins, horns, hair, wool, bones, bone meal, meat scrap and tankage shall be imported into the State except in accordance with the terms of a permit issued by the Veterinary Officer and subject to such conditions as he or she may therein impose. Fodder and Litter. 19. (1) No fodder or litter shall be imported into the State except— (a) directly from any of the countries specified in Schedule 8 to these Regulations; (b) in accordance with the terms of a permit granted by the Veterinary Officer. (2) Notwithstanding the provisions of sub-regulation (1), no fodder or litter imported from any country shall be landed in the State unless there is produced to the inspector in respect thereof the prescribed certificate. (3) Such certificate shall state that the area from which such fodder or litter originated and the district through which it was transported to the port of exportation is free from foot and mouth disease. Dung and Dead Carcasses. 20. (1) No dung (other than the excrements of birds) shall be imported into the State. (2) The provisions of sub-regulation (1) shall not apply to any dung which is contained in any box or crate in which any animal is lawfully imported into the State. (3) No carcass of any animal which has died or been slaughtered on board a vessel or aircraft while in port or during the voyage shall be landed in the State. Used or Second-Hand Animal Blankets, Saddle Cloth, Cloths, Felting, Pads, etc. 21. (1) No used or second-hand animal blanket, saddle cloth, felting, pad, or other similar article shall be imported into the State. Animals (National and International Movement and Prescribed 48 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS (2) The provisions of sub-regulation (1) shall not apply to any such article which accompany and form part of the clothing or individual accoutrement of any animal lawfully imported into the State. Semen. 22. No semen of animals for artificial insemination shall be imported into the State except in accordance with the terms of a permit granted by the Veterinary Officer. Penalty. 23. (1) Any person who contravenes or fails to comply with any provision of these regulations, or with any order, instruction, or condition lawfully made, given, or imposed by any person under the authority of these regulations, commits an offence against these regulations, and shall be liable, on summary conviction, to a penalty not exceeding one thousand five hundred dollars. (2) Where any carcass or any thing specified in any of the regulations 16 to 22 (inclusive) is imported into or landed in the State in contravention of any of the provisions of the said regulations, the same may be seized by the inspector and, in his or her discretion, detained, destroyed or otherwise disposed of as he or she shall direct. (Amended by Acts 7 of 1976 and 9 of 1986) SCHEDULE 1 TO THE REGULATIONS (Regulation 6(2)) SAINT CHRISTOPHER AND NEVIS No. ANIMALS LANDING PERMIT THIS IS TO CERTIFY that I have this day examined the undermentioned animal(s) and: (a) Find them/it to be healthy and therefore permit entry into the State. (b) Find ......................................................................................................................... ................................................................................................................................. and therefore order that they be permitted entry into the State under the following conditions: ................................................................................................................................. ................................................................................................................................. (c) Find ......................................................................................................................... ................................................................................................................................. ................................................................................................................................. And therefore order that they be prohibited entry into the State. Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 49 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS Date ................................................. .............................................................. Inspector Number and description of animal(s) ................................................................................................. ............................................................................................................................................................ Name of Importer ............................................................................................................................... ............................................................................................................................................................ Where imported ................................................................................................................................. Name of Vessel or Aircraft and date of importation .......................................................................... ............................................................................................................................................................ Nature of documents accompanying the animal(s) ............................................................................ ............................................................................................................................................................ SCHEDULE 2 TO THE REGULATIONS (Regulation 10) Antigua Northern Ireland Barbados Republic of Ireland Great Britain St. Vincent Jamaica (Amended by S.R.O. 19/1969 and S.R.O. 10/1976) SCHEDULE 3 TO THE REGULATIONS (Regulation 11) Australia Northern Ireland British Caribbean Territories Puerto Rico British Guiana Republic of Ireland Canada Trinidad and Tobago Great Britain United States of America Jamaica United States Virgin Islands (Amended by S.R.O. 12/1962 and S.R.O. 30/1965) Animals (National and International Movement and Prescribed 50 CAP. 9.03 Diseases Prevention) Act Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS SCHEDULE 4 TO THE REGULATIONS (Regulation 12) Antigua Puerto Rico Barbados Republic of Ireland Canada St. Croix Dominican Republic St. Lucia Great Britain Trinidad and Tobago Jamaica United States of America Montserrat United States Virgin Islands Northern Ireland (Amended by S.R.O. 12/1962, S.R.O. 36/1967, S.R.O. 6/1968 and S.R.O. 17/1969) SCHEDULE 5 TO THE REGULATIONS (Regulation 13) Antigua Republic of Ireland Barbados St. Lucia Canada Trinidad and Tobago Jamaica United States of America Northern Ireland United States Virgin Islands Puerto Rico (Amended by S.R.O. 12/1962 and S.R.O. 30/1965) SCHEDULE 6 TO THE REGULATIONS (Regulation 14 and rule 17) Australia Norway Argentine Puerto Rico British Caribbean Territories Republic of Ireland British Guiana Sweden Canada Tamanca Denmark The Netherlands Great Britain Trinidad and Tobago New Zealand United States of America Northern Ireland United States Virgin Islands (Amended by S.R.O. 12/1965 and S.R.O. 30/1965) Animals (National and International Movement and Prescribed Diseases Prevention) Act CAP. 9.03 51 Revision Date: 31 Dec 2017 LAWS OF SAINT CHRISTOPHER AND NEVIS SCHEDULE 7 TO THE REGULATIONS (Regulation 16) Australia Puerto Rico British Caribbean Territories Republic of Ireland Canada United States of America New Zealand United States Virgin Islands Northern Ireland (Amended by S.R.O. 12/1962, S.R.O. 24/1965 and S.R.O. 34/1970) SCHEDULE 8 TO THE REGULATIONS (Regulation 19) Canada Republic of Ireland Great Britain The West Indies Northern Ireland United States of America Puerto Rico United States Virgin Islands (Amended by S.R.O. 12/1962)