Animal Diseases Act, No. 59 of 1992

PARLIAMENT OF THE DEMOCRArrIC SOCIALIST REPU·BLIC OF SRI LA~,KA ANlMAIJ DlSEU\SES .r\CT, No. 59 O~F .1992 [Certi8ecl on 13th November, IltZ] riftted Oft. the Orders of GovemmeRt Published as a Supplement to Part IT of the QueUe of the Demecnde Soeialist BepubHe of Sri Lanka of November J.S. 002 TO BB PURCHASED AT 1'BE GOVERNMENT PUBLICATIONS BURBAV, COLOMBO Price: Rs. 2.10 Postage: Be. 1.&1 Animal Diseases Act, No. 59 of 1992 [Certified on 13th "November, 1992] L D.-O. 68/84 AN ACT TO PROVIDE FOR THE CONTROL AND PREVENrION OF CONTAGlOUS DISEASES IN ANIMALS; FOR THE CONTROL OF THE IMPORT AND EXPORT OF A~IMALS, ANIMAL PRODUCTS AND VETE..llINARY .DRUGS AND VETERINARY BIOLOGICAL PRODUCTS; AN» FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. BE it enacted by the Parliament of the Democratic Socialist Republic of. Sri· Lanka as follows: 1. This Act maybe cited as the Animal Diseases Act, No. 59 of 1992, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette. PART I ADMINISTRATION OF THE ACT 2. (1) There may be appointed for the purposes of this Act, a person to be or to act as the Director of Animal Production and Health (hereinafter. referred. to as " the Director ") who shall be in charge of the general adminis tration of this Act. (2) The Director of Animal Production and Health shall be a veterinarian registered under the Veterinary Surgeons and Practitioners Act, No. 46·of 1956. . (3) There may also be appointed such number of Deputy Directors and Assistant Directors of Animal Production and Health and such other officers as may be required for the purpose of assisting the aforesaid officer ,in carrying out or giving effect to the provisions of this Act. (4) Any p.ower~ duty or function of the Director under .this Act may be exercised, performed or discharged by any Deputy Director or Assistant Director under the directions of the Director, or by .such other officer who is authorized so to do by writing under the hand of the Director. PART II CONTROL AND PREVENTION 3. (1) Every person who brings any animal into Sri Lanka shall notify the Director of any diseased condition in the animal occurring within a period of sixty days from the date on which it is so brought. 2-D C22624-1,OM (92/04) Short title and date 01 operation. Appointment of officers. Power of Director m relation to control and prevention of anima] diseases, 2 Animal Diseases Act, No. 59 of 1992 Sealing of infected premises. Sealing of infected area. (2) Every person other than a person referred to in subsection (1) having in his possession or under his con trol any diseased animal shall segregate such animal' and shall forthwith give notice of the fact that the animal is· diseased: to the nearest veterinary surgeon who shall com municate such fact forthwith' to the Director, (3) On . receipt of notice under subsection, (1) or subsection (2)' the Director may issue special directions to any authorized officer' to take such action as may be necessary to determine the nature of the disease the animal . is suffering from, to contain it within the premises or the area in which the disease has occurred and to prevent its spread, . .. 4. on receipt of Information or on representations made by a veterinary surgeon that any contagious disease specified in the First Schedule hereto (hereinafter referred to' as a ",specified'disease"') has occurred, -the Director shall, jf he considers it necessary to do so to prevent the specified disease or the likelihood of its spread, report the matter to the Magistrate and apply for it direction to seal for a prescribed period of time the infected premises or any' part thereof, within which such specified disease has occurred; and the Magistrate shall give such direction as he may think fit in the circumstances if he is of. opinion that the sealing of the. premises is, necessary to prevent the specified disease or the likelihood of its' spread. 5. (1) The Director may, if he. deems it expedient to do so, in addition to obtaining directions for the sealing of any infected premises, declare by Order published in the Gazette, <my area including the-infected premises as an infected area provisionally for a period not exceeding three monthsvby affixing, a notice to that effect in a Icons picuous place at the premises or in the area. (2) E'very such Order shall specify the species of infected animal, the nature of the specified disease, the premises and limits of the area in which such disease has occurred and the date from which such Order shall take effect. (3) The Director may? by a su15sequen~ Order-published in the Gazette, extend such period for 'a' further period not exceeding six months. Animal Diseuses Act, No. 59 of 1992 3 (4) Where any premises has been sealed or an area has been declared an infected area, no animal or the carcase or any portion thereof, OT any excrement, animal product, Iittervgrass, hay, straw or any other article shall be romov ed from such premises or area, without a permit signed by the veterinary surgeon until such premises or area has been declared free from infection by an Order made bf the Director and published in the Gazette. 6. (1) It shall be lawful for the Director to proclaim, by affixing notices in conspicuous places on any road ot portion thereof, or in any other suitable manner as he may deem flt, that any road or portion thereof is an infected area and that it shall be closed to animal traffic of such species of animal specified in the Order under section 5, for the period specified in such notice. (2) Where a notice has been affixed under subsection (1), no person shall take any animal specified in such notice along such road or portion thereof, during such specified period, whether for purposes 01. transport or otherwise. (3) It shall be the responsibility of an authorized officcr to cause barriers to be put up at such points as may be determined by the Director, on any road or portion thereof, for the purpose of giving effect to the provisions of subsections (1) and (2) of this section. 7. (1). Where an area has been declared an infected area 'by an Order under section 5, it shall be lawful for the Director to require by a notice in writing, the production by the owner, of every animal of the species specified in the Order and found in the area to which such Order relates, on a date and at a. time and place speclfted in the notice, for the purpose of immunising such animalagalnst the specified disease set out in the Order. (2) Where a notice under subsection (1) is Issued, every owher of .an animal of the species described in tbe notice shall comply with the requirements 01. such notice. 8. It shall be lawful for the Directors having regard 'to the. nature of the specified disease set out in the O~der under section 5 and the likelihood of its spread,to order the seizure and detention of any animal of the species of animal to which the Order under section 5 relates and found within the area specified in such Order and which' may have been infected by, or come into contact with. the diseased animal or carcass thereof. Power to close roads to all animal traffic. ImmunJza•• tlon of animals In infected area. Seizure at infected . anitnali 8il4 carcases. 4 Animal Diseo.ses Act, No. 59 of 1'992 Destruction and disposal ef animal infected or come into eontact with diseased mimal. Belzure of animal product. Destruction and disposal .r animal products.. 9. (1) If the Director is of opinion that the animal which may have been seized or detained under section 8 ought to be destroyed and disposed of, the Director or an authorized. officer shall report the matter to the Magistrate and apply for a direction for the destruction of the animal and disposal of the carcase thereof .and the destruction and disposal of any infected material and the Magistrate shall give such direction as he may think fit in the circumstances if he is of opinion "that such destruction and disposal would be conducive to the prevention of the specified disease or the likelihood of its spread. The 'report to the Magistrate shall give sufficient parti culars of the subject matter in respect of which the direction is sought and shall also be supported by a certificate of a veterinary surgeon. (2) It shall be the duty of the authorized officer to ensure that the destruction of the animal and disposal of the carcase thereof and the destruction and disposal of any infected material ordered under subsection (1) is carried out in the prescribed manner. 10. It shall be lawful for the Director having regard to the nature of the specified disease and the likelihood of its spread, 'to order the seizure of any animal product of the species of animal to which the Order under section 5 relates, found within the area specified ill such Order. 11. (l) The Director or an authorized offteer shall report the- seizure under section 10 to the Magistrate and apply for a direction for the destruction and disposal of the animal product so seized and the Magistrate shall give such direction as he may think fit in the circumstances, if he is of opinion that such destruction and disposal would be conducive to the prevention of the specified disease or, the Iikelihoodof its spread. The report to the Magistrate shall give sufficient particulars of the subject matter in respect of which the direction is sought. (2) It shall be the duty of the authorized officer to ensure that the destruction or disposal of the animal product ordered to be destroyed under subsection (1) is carried out in the prescribed manner. Animal Diseases Act, No. 59 of 1992 5 12. (1) All premises, including buildings, vehicles, Disinfection. equipment and machinery (incubator), where any specified disease has occurred shall be disinfected in the prescribed manner and under the supervision of a veterinary surgeon. (2) It shall be the duty of the veterinary surgeon to ensure 'that the disinfection is carried out in the prescribed manner. 13. (1) An authorized officer may-' (a) after prior notification to the Director, enter. any premises at any reasonable hour of the day, in t 'he discharge of his functions under this Act or any regulation made thereunder; (b) do any other act which is connected with or in furtherance of the exercise, performance and discharge of his powers, duties and functions under this Act. (2) Where any authorized officer acts under paragraph (4) of subsection (1) without prior notification to the Director or acts under paragraph (b) of subsection (1.) he shall, without delay inform the Director of such action and state the reason for taking such action. (3) No person shall obstruct an authorized officer acting ill the exercise of his powers under this Act or regulations made thereunder, 14. (1) An authorized officer may (a) enter any farm yard, cow shed, poultry yard', (hatchery 'or any other place where any animal is kept or reared or where any animal" product is kept; and (b) require the owner of such animal or animal product to produce it on a specified date and at a specified time and place, for the purpose of testing it to detect the occurrence of any specified disease. (2) Every animal which may react to a test carried out UDQer subsection (1) shall, together with all infected materials, be destroyed and disposed of and the provisions ef. section 9 shall, mutatis mutandis, apply thereto. (3) It shall be the duty of the authorized officer to ensure iIle destruction and disposal of such animal in the prescribed .-nner. Powers of authorized officer. Te9tingof animals for detection of s~ecified disease, 6 Animal Diseases Act, No. 59 of 1992 Sale ot stock and produce. Registration of premises as animal' clinic. animal hatchery. &c. (4) Where a direction is given by the Magistrate for the destruction and disposal of any animal under subsection (2) of this section, he shall, if he considers it just and equitable in the circumstances of the case, make order that the Director shall make such payment as may be determined by him, to the party affected by the direction made by the Magistrate. 15. (1) It shall be lawful for the Director to prohibit (a) the sale of animals and animal products in any premises which have been disinfected under section 12, for a period of thirty days from the date of disinfection; (b) the sale and exposure of diseased animals- in markets, sales yards and in any other place in the infected area; (2) Notification of a prohibition under subsection (1) shall be made to the public by publication in a Sinhala, Tamil and an .English newspaper and by the exhibition of a notice in any conspicuous place in the infected area. 16: (1) No person shall use any premises as an Animal Clinic; Animal Houss.or Hatchers unless application is made by him to the Director in writing in the prescribed manner, for the registration of such premises and approval obtained therefor. (2) Every such application shall be accompanied by a certificate issued by the veterinary surgeon of the area within which such premises are situated, on a written application made by the owner or person in charge of such premises, and it shall be the duty of such veterinary surgeon to visit and inspect such premises before such certificate is issued. (3) The certificate issued under subsection (2) shall contain a statement relating to the availability of (i) adequate facilities, (ii) safety measures, and (iii) trained and experienced personnel, in such premises to ensure the proper functioning and management of such premises. Animal Diseases Act, No. 59 of 1992 7 (4) Upon receipt of an application under subsection (1), the Director shall register the premises if he is satisfied from the certificate issued by the veterinary surgeon that the particulars contained in the application are true and accurate. (5) The registration so effected shall be valid for one year from the date of such registration and shall be renewable on application made in tha t behalf. (6) It shall be lawful for the Director or any officer authorized by him to visit and inspect such premises whenever he deems it expedient to do so. 17. (I ) No person shall manufacture any veterinary drug or veterinary biological product in Sri Lanka except under the authority of a licence issued in that behalf by the Director. (2) Every person desirous of obtaining such licence shall make an application to the Director in that behalf in the prescribed form which shall be accompanied by such fees as may be prescribed. (3) Every application under subsection (2) shall be made separately in respect of each veterinary drug or veterinary biological product, as the case 'may be. (·1) Upon receipt of an application under subsection (2) the Director shall (a) issue a licence, if he is satisfied that (i) the application has been made in. compliance with the provisions of subsection (2) and • that the particulars contained in such application are true and accurate; (ii) the premises and the equipment therein used for such manufacture conform to the prescrib ed standards ; and (iii) the person in charge of such manufacture has obtained the prescribed training and experience ; or (lJ) reject such application if he is not so satisfied. 18. (1) A licence issued under section 17 shall be valid for a period of one Year from the date of issue unless earlier cancelled or suspended. Manufacture of veterinary drugs and veterinary biological products' and issue of licence therefor. Validity of the Ucence. 8 Animal Diseases Act, No. 59 of 1992 Stud bulls and donor cows to be licenced. Report of JnspectioD before issue of licence. (2) The Director may-cancel or suspend any licence issued by him if he is satisfied that the manufacturer has contraven ed any provision of the Act or regulation made thereundes, (3) No order under subsection (2) shall be made against the licencee except after notice issued to him to show cause within such period as may be specified in the notice as to why such order should not be made and except on his faUur~ to show cause within such period or on his not showing sufficient cause. (4) Any person aggrieved by the rejection of an applic tion under subsection (4) of section 17 or the cancellatlOD or suspension of a licence under subsection (2) may prefer an appeal in writing to the Secretary to the Ministr7 of the Minister against such rejection, cancellation or Sb" pension, as the case may be, within fourteen days after sw:lI decision is communicated to such person and the Secretary may, in dealing with an appeal preferred to him, affirm, var3 or amend the order against which the appeal has been preferred. (5) The decision of the Secretary upon such appeal shall. be final and conclusive; 19. No person shall keep or maintain (a) a stud bull for the purpose of collecting, processiD and using its semen for breeding; or (b) a donor cow for the purpose of producing embryos for embryo transfer, except under the authority of a licence issued by the Director. 20. The Director shall issue such licence if he is satisfied en a report of inspection issued by an authorized officer that the bull or donor cow, as the case may be, is healthy and free from any specified disease and in particular, that it is not infected with brucellosis, vibriosis, trichomoniasis at any other prescribed disease. AnimaZ Diseases Act, No. 59 of 1992 PART III 9 IMPORT AND EXPORT OF ANIMALSJ ANIMAL PRODUCTS~ VETERINARY DRUGS AND VETERINARY BIOLOGICAL PRODUCTS 21. (1) No person shall import any animal, animal product, veterinary drug or veterinary biologrcal product, animal semen or embryo except under the authority of a permit issued under this Act by the Controller of Imports and Exports on the recommendation of the Director. (2) Where such inport is recommended, the D'rector shall Ipef'uy the pert of entry. 22. (1) No recommendation shall be made by the Director the issue of a permit to import any animal product unless the importer produces a certificate from the Chl~t Veterinary Officer or veterinary officer authorized by him in the country of origin of the animal pre-duct, stating that such animal product is free from any infective substance that is likely to cause disease in animals. (2) The certificate under subsection (1) shall be in the form set out in the Second Schedule hereto. (3) Notice of the date of arrival of the animal product at the port of entry shall be intimated by the importer to the Director or an officer authorized by him seven days before the arrival of such product. 23. (1.) The Minister may, in consultation with the Minister in charge of the subject of Ports and Shipping declare by an Order published in the Gazette any port or nlace in or outside Sri Lanka to be a port or place infected ..ft animal disease. (2) No permit shall be issued to any person for the import of any animal or animal product from any port or place 'Which has been declared under subsection (1), to be a port or place infected with disease. 24. It shall be lawful for the Appropriate Authority to refuse netry to any vessel, if such Authority is satisfied there is any infected animal or any animal suffering from disease on board such vessel carrying animals from any port or place in or outside Sri Lanka, which has been declared to be infected with animal disease under subsection (1) of section 23. &--D 022624 (92/04) ProhibitlOD on lDlport without a premiL Isme of permit for the imPort: or aa animal proaucl Power ~ Mlmster~ declareaq port or other place .1 heiilg infec1ed withdise'" Power~ ports Authorlt7 torefuae entrY to vessels ca~ any infected 01' diseased animal Notice 01 arnve:tl by importer. Health certificate. Landing. Quarantine. 10 Ani-mal Diseases Act, No. 59 of 1992 Z5. (1) Every person importing an animal into Sri Lanka shall give pr-or notice to the Director or an officer authorized by the Director in that behalf, of the date and time of arrival of the vessel carrying such animal. ~2) The Director shall specify the period before which such notice shall be grven in the recommendation for the issue of the permit. 26. (1) No permit shall be recommended by the Director for the import of an animal into Sri Lanka unless the importer produces to the Director a certificate obtained from the Chief Veterinary Surgeon or authorized veterinary surgeon of the country of origin of the animal setting ou the following facts: (a) the country of origin of the animal; (b) that the animal is and has been free from disease and has not been in contact with diseased. animals for a period of three months prior t01ts exportation; (c) that the place of origin of the animal has been free from disease for a period of three months prior to the date of the departure of the vessel carrying the animal from the port of exit; and (d) that the animal has been immunised against the specified diseases. (2) The certificate under subsection (1) shall be in the. form set out in the Third Schedule hereto. 27. No person shall be permitted to board a vessel, and no animal or cargo shall be permitted to land or be landed until the authorized officer has boarded such vessel, inspect ed the animal thereon ana authorized the landing of such animal or cargo. 28. (1) Every animal imported into Sri Lanka shall be subject to quarantine for a minimum period (If thirty days unless the Director requires it to be produced from time to time at such place and by such persons as may be pres cribed, if he thinks it desirable to do so. (2) It shall be the duty of the importer (a) to provide an adequate supply of food and water for n n v animal ordered to be kept in quarantine ; and Animal Disenses Act, No. 59 of 1992 11 (b) to bear all expenses incurred in thetreatment and maintenance of every animal kept in quarantine and in the disposal of the carcase of any animal that may die in quarantine. (3) Every importer shall be required to pay a quaran tine fee in such amount as may be prescribed. (4) Where any animal subject to quarantine is found to be ai.:~ased, it shall be lawful for the Director to order the destruction of such animal and the disposal of the carcase thereof and the provisions of section 9 shall, mutatis mutan dis, apply to and in relation to the destruction and disposal of such animal and the carcase thereof. 29. (1) It shall be lawful for the Director, if bethinks it expedient to do so, to declare for the purpose of this Act, an area adjoining any quarantine station as a protective zone by notice published in the Gazette. \2) Every such notice shall specify the limits of the protective zone and the date from which and the period tor ,which such zone is established. (3) The protective zone shall remain closed to all vehicular and animal traffic for the period specified in such notice. No unauthorized person shall be permitted to enter such protective zone during such period 30. Whenever a vessel having on board animals consigned to any port outside Sri Lanka passes through any port in Sri Lanka, it shall be the duty of the agent of such vessel in Sri Lanka, to notify the Director or an officer authorized by him of such fact at least ten days before the arrival 01 such vessel at the port in Sri Lanka. :U. (1) The Director shall not recommend the issue of a permit to any person for the import of any veterinary drug or veterinary biological product unless such person produces to the Director a certificate from the Chief Veterinary Surgeon or a veterinary surgeon authorized bv him in the country of origin of the product, certifying the safety of such drug or veterinary biological product. Anlmale in traaIIt. Import of vetp.rlaary droll and vetenDU7 biolol1~ produeta. v~ Druc CcJotrol Authortt7. 12 Animal Diseases Act, No. 59 of 1992 (2) The certificate under subsection (1) shall be substantially in the form set out in the Second Schedule hereto. 32. (1) There shall be a Veterinary Drug Control Authcrity (hereinafter referred to as the "Authority") consisting of the following: (a) the person for the time being holding the office of Director who shall be the Chairman of the Authority; ('!» one member appointed by the Minister from among veterinary surgeons employed in the Department who shall be the Registrar of the Authority; (c) six members nominated by the Minister from among persons who appear to the Minister to have wide knowledge and experience in the following sub jects : (i) clinical practice in both State and Private sectors; (ii) microbiology and immunology; (iii) parasitology; (iv) pharmacology; (v) nutrition; (vi) reproductive physiology and endocrinology; (d) one member who shall be a veterinary surgeon appointed by the Minister to represent local manufacturers of veterinary drugs and veterinary biological products; (e) such number of members as may be nominated by the Minister for a specified period of time whenever necessary, for the purpose of obtaining their specialized advice and counsel. (2) The Registrar appointed under paragraphcfb) or any member nominated under paragraph (c) of subsection (1) shall. unless he vacates office earlier by death, or resigna tion or removal by the Minister by Order published in the Gazette, hold office for a period of three years from the date of such appointment or nomination, as the case may be : Animal Diseases Act, No. 59 of 1992 13 Provided that a member appointed or nominated in place of a member who dies, resigns or otherwise vacates office shall, unless he earlier vacates office, hold office for the unexpired period of the term of office of the member whom he succeeds. (3) The Minister may, by Order published in the Gazette, remove any member other than the Director from office without assigning any reason therefor. (4) Any member oL. ..:r than the Director vacating office by the effluxion of time shall be eligible for reappointment. (5) Any appointed member may, at any time resign his office by letter to that effect addressed to the Minister and such resignation shall take effect upon it being accepted by the Minister in writing. (6) If any member is temporarily unable to discharge the duties of his office during any period due to ill health, absence from Sri Lanka or any other cause, another person may be nominated by the Minister to act in his place. (7) The Minister may determine the remuneration of the members and the manner of such payment in consultation with the Minister in charge of the subject of Finance. (8) The powers, duties and functions of the Authority shall be to (a) exercise control over the manufacture, import, export, sale and use of veterinary drugs and veterinary biological products; (b) ensure the efficient and safe use of veterinary drugs and veterinary biological products on animals; (c) determine whether licences shall be granted for the manufacture or importation of veterinary drugs and veterinary biological products; (d) advise the Minister on any matter he may refer to the Authority for advice or any other matter which it considers necessary to bring to the notice of the Minister; (e) promote research which the Authority considers necessary to test or improve veterinary drugs and veterinary biological products; (f) disseminate information relating to the safe and efficient use of veterinary drugs and veterinary biological products; and ImPOrt 01 semen or embryo. 14 Animal Diseases Act, No. 59 of 1992 (g) carry out or cause to be carried out, tests on veterinary drugs and veterinary biological products already licensed or pending issue of a licence whenever necessary in the opinion of the Authority. 33. (1) The Director shall not recommend the issue of a permit to any person for the import of animal semen or embryo unless such person produces to the Director a certificate from the Chief Veterinary Surgeon or a veteri nary surgeon authorized by him in the country of origin of the semen or embryo, certifying that the animal from which the semen or embryo was collected had been free from any disease or infection and had not been in contact with any infected or diseased animal within a period d three months before the date of collection of the semen or embryo. (2) The certificate referred to in subsection (1) shall be in the form set out in the Third Schedule hereto. (3) The importer of animal. semen or embryo shall inform the Director in writing of the date and the port or place of arrival of the semen or embryo at least seven days before its arrival. (4) It shall be lawful for the Director to cause any imported animal semen or embryo to be withdrawn and destroyed if he has sulfic.ent grounds to believe that the use of such semen or embryo would cause infection or disease and the provisions of section 9 shall,mutatis mutan dis, apply to the destruction of such semen or embryo. (5) The Director sh311 cause the herd of animals on which imported semen or embryo is to be used to be under the supervision and control of a veterinary surgeon. It shall be the duty of such veterinary surgeon to report to the Director of any incidence of disease in any animal of the herd on which the imported semen or embryo has been used, within one month of such use. (5) Where an abortion or still birth occurs in a herd consequent to the use of imported animal Semen or embryo it shall be the duty of the veterinary surgeon under whose supervision and control such herd is kept, to forthwith inform the Director or an authorized officer of such occurrence. Animal Diseases Act, No. 59 of 1992 15 34. (1) No person shall export any animal, animal Export. product, veterinary drug, veterinary biological product, semen or embryo except under the authority of a permit issued by the Controller of Imports and Exports on the recommendation of the Director. (2) No recommendation shall be made by the Director for the issue of a permit to export any animal, animal product, veterinary drug, veterinary biological product.. semen or embryo unless the exporter produces to the Director a certificate from an Authorized Officer, before exportation. For the purpose of this section ,. Authorized Officer" means a veterinary surgeon authorized by the Director in that be half. (3) The certificate under subsection (2) shall be substan tially in the form set out in the Second or Third Schedule hereto, as the case may be. (4) Every exporter shall give at least one week's notice to the Director of any such exportation. PART IV GENERAL 35. (1) Every person who contravenes or fails to comply with any provision of this Act or any regulation made thereunder or any requirement imposed under any such provision, or resists or obstructs any officer in the exercise of powers conferred on him under this Act, shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable: to imprisonment of either description for a term not exceeding six months or to a fine not exceeding five thousand rupees or to both such fine and imprisonment. (2) Where an offence has been committed by a body of persons th en (a) if that body of persons is a body corporate, every director, manager, secretary or officer of that body corporate ; or (b) if that body is a firm, every partner of tnat firm, shall be guilty of that offence unless he proves that the offence was committed without hIS consent or concurrence and that he exercised all such diligence to prevent the commission of such offence. Offences and penaltiea. 16 Animal Diseases Act, No. 59 of 1992 36. No suit, prosecution or other legal proceeding shall be instituted against any person for any act which is done or purported to be done in good faith by him un~ this Act or any regulations made thereunder. 37. (1) The Min.ster may make regulations in respect of all matters which are required by this Act to be prescribed or in respect of which regulations are authorized to be made and in particular in respect of all or any of the following matters : (u) the mode and manner in which an application for a licence may be made; and (b) the fees payable for the issue and renewal of a licence. (2) Every regulation made by the Minister shall be published in the Gazette nnd shall come into operation on the date of such publication or on such later date as may be specified in such regulation. (3) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval Every regulation which is net so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to the validity of anything previously done thereunder. (t1~ Notification of the date on which any T<-!p,-ulation shan be () icmed to be so rescinded shall be published in the Gaze:te. (5) The Minister may by Order published in the Gazette, declare any animal disease not specified in the First Sche dule hereto to be a specified disease for the purposes of this Act and the provisions of this Act shall, mutatis mutand's apply thereto. 38. In this Act unless the context otherwise requires cc animal " means cattle, buffalo, sheep, goat. pig, fish, horse, mule, ass, dog, cat, bird, bee and includes any other animal domesticated or wild whether kept in captivity or under control or otherwise: ., animal product" includes meat, milk, fish. eggs, blood• ....ide. skin. hair. fur. offal., feathers. horn. hoof or any other product whether raw, cooked or processed, originating from an animal ; 4& apnrnortute authority" means (a) in thE' case f)f a sea port. thp Ports Authority estahlished under the Ports Authoritv Act No.5] of 197~ : and Animal Diseases Act, No. 59 of 1992 17 (b) in the case of an airport, an Agent appointed under the Air Navigation (Special Provisions) Act, No.2 of 1982 and where no such Agent has been appoin ted, the Director General of Civil Aviation.; .. authorized officer" means an officer authorised by the Director for the purposes of this Act; • carcass" means the carcase of any animal and includes part of a carcass and the meat, bone, hide, skin, hoof, horn, offal or other part of an animal sepa rately or otherwise or any portion thereof; .. contagious" means transmissable by contact; .. Director" means the Director of Animal Production and Health; .. disease" means any disease irufectious or contagious among animals or birds and listed in the First Schedule; • excrement" means dung, urine or any ..other material discharged from the animal or its carcass; .. feed" includes rice bran, wheat bran, cereals, husk, or vegetable oils of marine origin, oil cakes or any other material of vegetable or animal origin, processed or unprocessed, intended to be used or used in the feeding of animals. ":fish " includes all varieties of fish, crab, prawn, lobster, turtle, marine 8.S well as fresh water fish, whether cooked, canned, dried, salted or smoked; .. fodder" includes grass, hay, straw, silage or any other material of vegetable origin, raw or preserved; "infectious" means transmissable by inoculation or through contamination with inanimate carriers by infectious secretions and excretions; "litter" includes straw, husk, weed shavings, and any other material used as bedding or otherwise for animals; "meat" means any edible portion of a carcass of an animal including offal, whether raw, cooked processed, smoked fried, salted or canned; ce owner" in relation to an animal Includes co-owner or one who hires or leases an animal or any person who taxes care of any animal on behalf of an owner; RelJE!a1 and savings. 18 AnimaL Diseases Act, No. 59 of 1992 " quarantine" means the compulsory detention in isolation of any animal, or any article j "quarantine station" means any building or place where quarantine is carried out and Includes an examination station: U veterinary biological product" includes vaccines, sera. micro-organisms, whether living or dead, and their, extracts or by-products intended for use in the d agnosis, treatment or prevention of disease in animals; II veterinary drug lJ inrludes (i) any substance or rriixture of substances manufactured, sold, offered for sale or represented for use in (a) the diagnosis, treatment, mitigation or prevention of disease. abnormal physi cal state or the symptoms thereof In any animal; and (b) restoring, correcting or modifying organic functions in any animal (ii) a single drug or a combination of drugs ready for use and placed on the market under a special name or in a characteristic form and includes both patent and proprietary pre parations; " veterinary surgeon" means a veterinary surgeon employed by the State; u 1" d fvesse means a mo e 0 conveyance, however propelled: which may be used in navigation 'by water or air for the conveyance of animal, or animal products. 39. (1) The Contagious Diseases (Animals) Ordinance (Chapter 470), is hereby repealed. (2) Notwithstanding the repeal of the Contagious Disease (Animals) Ordinance, the regulations made under that Ordinance and in force immediately before the coming into operation of this Act shall, except where and so far as they are not inconsistent with the provisions of this Act be deemed to be regulations made under this Act and continue in force until altered, amended, or rescinded by regulation. made under this Act. Animal Diseuses Act, No. 59 of 1992 19 40. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail. SinhaJa text to prevail iD case ut inconsil tencr, FIRST SC1IEDULE CONTAGIOUS DISEASES [Section 4] L Cattle and Buffalo Anthrax, Haemorrhngic Septicaemia, Black Brucellosis Tuberculosis, Johnc's Disease, Contagious Pleuropneumonia, Melioidosis, Bovine Farey, Vibriosis, Genital Campy10bacteriosis, Quarter, Bovine Bovine Foot and Mouth Disease, Rinderpest, Bovine Viral Diarrhoea, Malignant Catarrhal Fever, Vesicular Stomatitis. Lumpy ~kit) Diseases Infectious Bovine Rhinotracheitis lBR/IF~), Proliferative Stomatitis, Bovine Viral Leucosis. Trypanosomiasis, Trichomoniasis, Babesiosis, Theileriasis. Anaplasmosis, Warble Fly (Hypoderma Bovis and Blineatum) Dermatomy cosis. ll. Sheep and Goat Anthrax, Pasteurellosis, Brucellosis, Tuberculosis, Contagious Caprine Pleuropneumonia. Foot and Mouth Disease, Rinderpest, Vesicular Stomatitis. Contagious Pustular Dermatitis, Blue Tongue, Maedi (Visna). Adenomatosis, Scrapie, PEste de Petits Ruminants (PPR) , Sheeppox, Goatpox. Trypanosomiasis, Dermatomycosis. ID. Pig! Anthrax, Pasteurellosis, Brucellosis', Erysipelas. Tuberculosis, Swine Foot and Mouth disease, Examhema, Classical Swine Aujesky's Disease, Atrophic Encephalitis. Vesicular Stomatitis, Vesicular Fever, African Swine Fever, Gastroenteritis and Japanese B. Trypanosomiasis, Dermatomycosis. IV. Dogs and Cat~ Canine Parvovirus Infection, ])ernnatonnycos~ Feline Enteritis, Rabie.. 2u V P01Lltn, Pul lorur- 1Jl~"ch;e, :'" .v Typhoid Fowl ":h(~iera, A.-I" Tuben:uJos, '. '(j,' ~<.<Ut , Newcastle DIsease t Raniknet) , Marek s D,sl·as. \ .; 11 ,.UlOSIS. Gumbcrn DIsease. Intecuous Avian Eric- pd •. myt'iFi~; .ruecuous Laryn gotracneitis, Avian Infect.on" 13 ro: I dli i.• " i)ucr.. VII'us Enteretis (D uck Plaeu-' • Fowlpox, :-'lycoplasmosl:' .\;r:tdn Horse Sickness. Infectious Equine . ""1",,;<1. Stornatrtrs. T'rypanoaorruasie, Equine Inrecticus Anaemia, Japanese B. AnL1r".:\., l;1:l ic e rs !:noc:J .lila j () 1:-Vl': • t ..« J:pizo( [IC !....; mpnanai us, Encepnaliti:' In!e·:tlouS pancrea nc necrosis. VIII. $", Fou (1fOOO, \'arToa~I" [Sections 22(2), 31(2). 34(3) 1 SEl.:OND SCHEDULE Certi flr-ate' Vetermary dr ucs ";;t·', EXDnrT \It Animal Products, \', : iCJry Biological Products Intended ior ',7cc>,'Ddtlona! Trade 3. Address of Exporter '..... - . 4. Place uf Or iz in ,)[ :t1~' -rnrna] product/veterinary drug/veteri nary brologrcal oroduct :----, (1) Identification of the animal productlvaterinar1l drug/biola {,11cal vroduct 1. 'Type of animal prouuct/veterinary drug/veterinary biologi; ~:aJ product .... Z. 'Type I'f r-ackage .. 3. Number of packages .---'----. 4. Net wi'i:::h l (II) Grimn 0' UntmaL -product· 1. Address IPS ,;[ the a rp roved abattoir rs) :- 2. Address i es : ·,f the a cproved cuUing up/processing e~fl\b lish men t (s) Animal Diseases Act, No. 59 of 1992 21 (Ul) Destination of animal product/veterinary Drug/veterinarv biological product: 1. Country of destination: 2. Name and address of consignee. Nature and means of transport : (v) Attestation of wholesmeness: The undersigned Authorised Veterinary Surgeon certi fies as follows: 1. The animal product referred to above is stamped thereby attesting that the product comes from animals slaughtered in approved abattoir. 2. The animal product is considered to be fit for ht1Dl&A consumption. 8. Animal product was cut up/processed in approved cutting up/processing establishment. 4. Animal product comes from a State free of contagious diseu.. I- The veterinary drug/veterinary biological product is safe tor use on animals; e. Any other relevant particulars. Signature of AuthorlRd Veterinary Surgeon. Name and Address of Authorised Veterinery Sugreoa of the exporting country Official Stamp: Date: • (Delete whichever is inapplicable) [Sections 26 (2), 33 (2) and 34 (3)] THIRD SCHEDULE ZOO SANITARY CERTIFICATE FOR THE TMPORT/EXPORT OF ANIMALS AND SEMEN OR EMBRYO OF ANIMALS 1. Exporting/Import4tg Country:---, 2. Name of Exporter:---..... S. Address of Exporter: 4. Place of origin of Animals/Sernenl'Jrnbryo: 22 Animal Diseases Act, No. 59 of 1992 (1) Identification of the Animal (In case of import/export a1 a live animal) : 1. Identification Number or Mark : 2. Species:---.... 3. Breed :---, 4. Sex: 5. Age:---, (U) Particulars Relating to the Donor Animal(s) (in case 01 Import/export oj Semen or Embry'O) : 1. Species:---, 2. Breed : 3. Identification :---, .4. Date of Birth : 5. Place of Birth: 8. Date of Approval of Animal for AIlEmbryo transfer purposes:----. (m) Particulars Relating to the Semen Emb'1lo: 1. Date and hour of Collection:---, 2. Quantity and Packaging of Semen/Embryo: (IV) Destination of the Animal/Semen/Embryo: 1. Country of Destination:---, 2. Name and Address of Consignee: 3. N&ture and Means of Transport :---, (V) Sanitary Information: The undersigned Authorised Veterniary Surgeon certifies as follows r-e (a) In case of Import/Export of a. live animul: 1. The animal described above and examined on this day does not show any clintW signs of disease. 2. The animal had not been in contact with diseased animals for a period of three month prior to exportation. 3. The amimal has been immWlised: (a) On: • against: (b) On: • against: (c) On: • against: (d) On: • against: (e) On: • against: Animal Diseases AN, No. 59 of 1992 4. Breeding station or farm from wnlch animals are exported i~ approved and has been free of disease tor three months prior to the iuue of .tb8 certificate. 6. Parent stock/animal tested diseases. (b) In ccse of ImportlExpost of semen or emb'llO: (1) The donor animal did not show any clinical signs of disease on the' da)' 01. collection of semen/embryo. (2) The donor animal had not been In COD tact wi th diseased animals for a period of 3 months prior to collectioD ., semen/embryo, (c) Any other particular$ of Ipedal interm: Signature of Authon Veterinary Surleon. (Exportine Country) Name and Adress of Authorised Veterinary Surgeon .................. .........••..•.... •••••••••••••••••• .................. Official Stamp: Date: -- , • (Delete whichever is inapplicable)