Animals (Diseases and Imports) Act

i29th December! Supplement" to Official Gazette 109 ANIMALS (DISEASES AND IMPORTS) ACT,~ • (Act 19 of 1981) l assent, F. A. RENE, PRESIDENT. 29th December. /981. AI'; ACT to provide for the control of diseases of ani mals and of the import of animals to Seychelles ; to re peal the Animals (Diseases and Importation) Act (Cap. 131) ; and for connected purposes. ENACTED by the President and the People's Assem bly PART I.-PRELIMINARY 1. This Act may be cited as the Animals (Diseases and Short title Imports) Act, '+98-1-. 110 Supplement to Official Gazelle [29th December] I nterpreta tion 2. In ths Act. unless the COnle.XI otherwise rcqUlres "animal" means «(/1 any kind of mammal, except man; (IJ) any kind of four footed beast which is not a mammal; (c) any kind of bird or bird's egg: (d) reptiles and other cold blooded creatures not fal iing within paragraph (al or (h). but excluding fish; (e) arthropods including insects, arachnids and my riopods, but excluding crustaceans; "animal product" means any.hing originating or made (whether in whole or in part I from an animal or from a carcase : "Animal Quarantine Station" means a place appointed as a quarantine station under section 15; "carcase" means the dead body of an animal and .nclu des part of a carcase, and the meat (excluding tinned meat or tinned meat preparations), bones, hide and skin (excluding leather and cured or processed hide and skin), hooves, horns, offal, or o.her part of an an:· mal separately or otherwise, Qr any portion of those parts; "cattle" means bulls, cows, oxen, heifers and calves; "fodder" means grass, hay, or ::U1y other substance used for food of animals, but excluding concentrated stock feeds ~ "infected area" means an area declared an infected area under section 5; "Inspector" means a person who is an Inspector in terms of section 6; "in transit", in relation to an animal, means pausing briefly in Seychelles during a passage [rom a place outside Seychelles to another place outside Seychelles ; [29th December) Supplement to Official Gazette 111 "luter" means straw or any other substance used for bedding. or otherwise for or about animals: "notifiable d.seasc" means a disease specified in Sche dule I ; "poultry means domestic fowl, turkeys, geese, ducks, quails or pigeons and includes their eggs: "s.ock" means caule, sheep, goats, horse-s. mules. donkeys, swine, rabb.ts, bees or any other domes ticated or captive animal prescribed as stock by the Minister by Notice in the Gazette; "th.s Act" includes statutory instruments made under thisAct ; "vessel" includes any kind of water craft; "Veterinary Officer" means a Veterinary officer in the employment of the Government and includes the Chief Veterinary Officer. PART n.-NOTIFIABLE DISEASE~ 3. 0., The diseases specified in Schedule I shall be noti liable diseases for the purposes of this Act. (2) The Minister may by Order published in the Gazette amend Schedule I. 4. (I) A person having in his possession or charge an animal affected or suspected by hrn of being affected with a notifiable disease shall (lI) keep that animal 'tied up or in an enclosed place, and separated from other animals not affected or suspec ted of being affected: and Ib) irrrmediarely give notice of that fact 'to an Inspector. (2) For the purposes of sub-section (I) all animal lawfullv on a property with the agrcemcm of the owner or occupier is deemed to be in 'the possession or charuc of the owner or occupier of that property. ~ Notifiable diseases Animal af fected with notifiable disease 112 Supplement to Official Gazette 1.29th December] (,;, ;\ person or olliccr, 110l being a Veterinary Olliccr, who ((II is notified that an animal is affected with a not.fiable disease; or (hi otherwise becomes aware that an animal is affected with a notifiable disease: or (ei learns or becomes aware of any wide-spread d seasc among animals or of suspicious deaths among ani mals, shall immediately notify the nearest Veterinary Officer. (41A Veterinary Officer notif.ed in terms of sub-section (3) shal. give such direct ons and 'take such steps as may be necessary for the purpose of investigating 'the existence and nature of that disease; and on being satisfied that a noti fiable d.sease exists he shall (I) make a report to the Chief Veterinary Officer and (b) cause ali owners of animals in the neighbourhood to be notified of the outbreak. of that notifiable disease. (5: A person who contravenes sub-section ('1) is guilty of an offence. Infected areas 5. (1) The Minister may, by notice 111 the Ga :And control of zette movements ((II declare an area to be an infected area; and (bi for the purpose of preventing a notifiable disease, or the spread of a n.otifiable disease, prohibit the move ment 'Of all animals or of a particular anrnal or class of animals from, to, through or within an infected area or another specified area. (2) In an infected area (a) no animals shall be removed from or into the area, or from place to place within the area, without the written permission of the Chief Veterinary Officer; , [29th December1 Supplement to Official Gazette 113 (b) no animal shall be moved from the area unless pre viously treated in the manaer directed by the Chief Veterinary Officer; (c) aU animals shall be herded as far as possible from roads; (el) the Chief Veterinary Officer may require the owner or person in charge of an animal 'to isolate that animal from other animals with n the area, or to remove that animal from the area; (e) no person shall leave the area unless he complies with such reasonable precautions for preventing the spread of a notifiable disea-se as may be requir ed by 'the Inspector in charge of the area; and (f) the carcases of animals infected with a notifiable d'sease shall he disposed of in aocordance with any general or specified instructions issued by an Ins pector. (3) The Minis.er may by regulations make further provi sions for the control of animals 01' persons in infected areas. (4) A person who contravenes any provision of, or made under. subsection t l ) (2) or (3) is guilty of an offence. PART III.--INSPECTORS ETC. 6. (}) For [he p.irposes of this Act the Miiister may by Inspectors notice in the Gazette appoint such number o" Inspectors as he may consider necessary. (2) Ever; Veterinary Officer in the employment of tl., Governmen shall be an Inspector for the purposes of this Act. 7. An Ij1"IL~Wi' m.iy lor the purpose of inspecting dl.'.c·~!ijl~' or dia~:-,olli~ing a noifiable disease-s fer, lnspecuon and icsung (u) clinically examine an animal, carcase or animal pro duct; /hi cause ~I spc imen to be taken from all animal. car (:,ISC, or animal product; or 114 Supplement to Official Gazette [29th DecemberJ- - . Identification marks Power of entry Search and de tention of sus pects Seizing of animals etc. (c) apply or cause to be applied to an anmal, carcase or an mal product any test which he may consider necessary. 8. For the purposes of this Act, an Inspector may apply or cause to be applied an identification mark to an animal, carcase, animal product, container, premises, equipment, vehicle or aircraft. 9. (I) For the purpose of this Act, where an Inspector or a police officer has reasonable grounds for doing so he may enter any land, premises, vehicle, vessel or aircraft and may take with him such persons and 'things as he considers necessary for those purposes and may Cu) search for animals, carcases or an.imal products; (b) exercise powers of inspection and testing under sec tion 7; (c) find out whether that land, premises, vehicle, vessel or a.rcraft has been cleansed and disinfected in ac cordance with this ACt or any statutory instrument, direction, prohibition or condition made or imposed under this Act; or (cD do any other thing authorised under this Act. (2) The owner or occup er of land, premises, a vehicle vessel or aircraft which is entered under sub-section (I) shall render such reasonable assistance as may be required of him by the Inspector or police officer. (3) A person who contravenes subsection (2) is guilty of an offence. 10. An Inspector or police officer may without warrant, stop, detain and search any person where he has reasonable grounds to suspect that the person is contravening this Act. 11. (1) An rnspecror or police officer may seize any animal, carcase or animal product. in respect of which he has reason to suspect that an offence under this AC1: is being or has been committed, and may remove that animal, carcase or l29th December] Supplement to Official Gazette 115 animal product to a place selected by an Inspector, and there detain that a.n nul. carcasc or animal product subject to this section. (2) An animal, carcase or an mal product seized under subsection (I) shall tx: detained subject to the directions of the Chief Veterinary Officer pending the conclusion of any proceedings in respect of 'the offence concerned. (3) If the person who is alkged to have committed the offence is unknown or cannot be found, the anmal, car caxc or animal product shall be forfeited to the Government. 12. (l, No P;::'[S011 shall Inspector or police officer lions under this Act. prevent. hinder or obstruct an Obstruct ion .n the performance of his furrc- of Inspectors etc. (2) A person who conravencs subsection (I) is guilty of of an offence. 13. (I) No action shall lie against the Government. an Indemnity Inspector, a police officer or any other public officer for any act done or ordered to b2 done in good faith in pursuance of this Act. (2) Subject [0 sect.on 2i. no compensation shall be pay able to any person for any act clone under this Act. P\lrl IV.--IMPORT A;'\D QUARANTINE 14. (l, Subject to subsection, (2, and (3). no person shall import an animal. carcasc. egg or semen. (2} (til Stock. poultry. or the carcasc, eggs or semen of s.ock or poultry : (Ii) a dog or ca r. or the semen of a dog or cat; (e) other animals on a temporary bas-s in exceptional circumstances, mav k imported under and in accordance with a licence issued by the Chief Veterinary Officer. Import pro hibited except stock or poul try under li cence 116 Supplement to Official Gazette [29th December) Animal Qua rantine Sta tions Animal Quarantine Stations Quarantine of animals 0) No animal or substance being imported under a I.cc nee under subsection (2) shall be deemed to be imported until the Chief Veterinary Officer has certified that alI the oon ditions of that licence have been complied with. (4) An an.mal, carcase, egg or semen which has been or is about 10 be imported without a licence may be seized and detained by an Inspector who may direct that ',he animal. carcasc, egg or semen shall be immediately re-exported by the person importing or attempting 10 import it. (5) Where a d.rection for re-export under subsection (4) is contravened, an Inspector or police officer shall confis cate tha: animal, carcase, egg or semen. (6) A person who contravenes-> (li) subsection (I); (b) a condition of a licence issued under subsection (2); or (c) a direction under subsection (4), is gu.ity of an offence and any animal, carcase, egg or semen in respect of which that offence is committed may be seized by an Inspec.or or a police officer and, on conviction, shall be forfeited to the Government. 15. The Minister may, by notice in the Gazette, appoint Animal Quarantine Stations in such places as he may consi der necessary, 16. (1) Every animal imported under a licence issued section 10(2) shall be (a) removed, as the Chief Veterinary Officer may direct to an Animal Quarantine Station: and (b) subject to any regulations made under this Act and to the conditions of the licence, kept in quarantne there in such manner and for such period as the Chief Veterinary Officer may direct. (2) Notwithstanding the expiry of the period of qua ran tine directed by the Chief Veterinary Officer and subject to subsection (3), no person shall remove an animal from an [29th December] Supplement to Official Gazette 117 Animal Quarantine Station without the prior written autho risation of the Chief Veterinary Officer, which may be subject to such conditions as may be spec fied. (3) The release: from quarantine of an animal shall depend on the results of re-inspcction, of any diagnostic examina tion and of any tests which the Chief Vcernary Officer may consider n.ecessary. (4) The expenses of and ire dental to keeping an animal in quarantine shall Lc borne by ':~~c person importing the animal. (5) An animal shall be kept in an Animal Quarantine Sta t.on at the risk of the person importing animal. (6) If an animal kept in an Animal Quarantine Sta tion develops, or, in the opinion of the Chief Veter nary Officer, shows symptoms of a notifiable disease, that ani mal may, with the approval of the Chief Veterinary Officer, be destroyed. (7) No person shall enter an Animal Quarantine Station excep: w.th the' permission of the Chief Veterinary Officer. (8) A person who contravene-s subsection (2), (4) or (7) or any conditions of an authorisation under subsection (2) is guilty of an offence. 17. (I) No person shall remove fodder or litter from (eil a vessel or aircraft in which it has been imported; or (b) an Animal Quarantine Station. except to dispose of it as directed by the Chief Veterinary Officer. (2) No person shall remove a kennel, crate or any animal clothing from (a) a vessel or aircraft in which it has been imported: or (h) an Animal Quarantine Station, unless Control of import and movement of fodder, etc. 118 Supplement to Official Gazette [29th December] drugs (i) the Chief Veterinary Olliccr has given permission fOI the removal; and (ii) the kennel, craie or animal cloth.ng has been cleaned and disinfected as directed by the Chief Veterinary Officer. (3) /\ person who contravenes subsection (I) or (1) or 'illy direction given under rhose subsections is guilty of an 11' fence. P r~RT V. V\CCl:-.iES AND DRUGS Control of 18. (I) Subject to sect.on 19, no person shall import for import and use use for an animal any vaccine, serum, toxin, antitoxin or of vaCl:lI1CS and antigen except under and in accordance with a licence is sued by the Chief Veterinary Officer. (2) Any substance specified in subsection (l) which has been or is about to be imported without a licence may be seized and detained by an Inspector who may direct that the substance shall be immediately re-exported by the person importing or attempting to import it. 0) Where a direction for re-export under subsection (2) is COil 'ravened, an Inspector or a police officer shall conf.s care that substance. (4) A person who contravenes-> (a) subsection (I); (h) a condition of a licence issued under subsection (l) ; or (c) a direction under subsection (2), is guilty of an offence and any vaccine, serum. toxin, ant toxin or antigen in respect of which that offence is commit ted may be seized by an Inspector or :1 police officer and on conviction shall be forfeited to the Government. Prohibited vac cines and drugs 19. (1) The Minister may by notice published in the Gazette specify a vaccine or drug as a prohibited vaccine or prohibited drug for the treatment of animal diseases in Sey chelles. L29th December] Supplement to Official Gazette 119 (2) A person who knowingly supplies, sells, purchases, ob ta-ns or uses a prohibited vaccine or prohibited drug for the trcatrnent of animal d.seases is guilty of an offence. PART VI.-COMPULSORY SLAUGHTER 2U. The Chief Voter nary Ollicer may slaughter or cause to be slaughtered (0) an animal affected or suspec.ed of being affected with a notifiable disease; or ([) an animal whch bas teen in contact with an animal affected by a notifiable disease or has been otherwise exposed to the infection of a notifiable disease. .21. (I) No compensation shall be paid in respect of any animal slaughtered under this Act unless it is stock. (2) Subject to subsections (5) and (6), compensation for stock slaughtered under this Act may be paid ~o the owner of the stock by the Government as foUows (0) where the stock was affected with a notifiable disease, the iesser of (i) one-half of i',s value immediately before it be fore i't became so affected; or (ii) one-half of the maximum amount of compen sation prescribed under subsection (4) for that type of stock; (h> where the stock was not affected wish a notifiable disease but was suspected of being affected with a notifiable disease. the lesser of (a) its value immediately before it was slaughter ed; or ([) the maximum amount of compensation pres cribed under subsection (4) for that type of stock. (:I) The value of stock slaughtered shall be determined in accordance with Schedule 2. Slaughter of animals with notifiable disease Compensation for slaughter -------- . ---- . --------- ..-120 Supplement to Official Gazette [29th December] . -- . --- .~. Regulations (4) The Minister may, by regulations, prescribe the max imum amount of compensation payable under this section in respect of different types of stock. (5) Compensation in respect of stock slaughtered under ih.s Act may be wholly or partially withheld where the owner of the stock has contravened this Act or an order, notice, direction, prohibit.on or condition made or imposed mder this Act. (6) No compensation shail be payable in respect of an ani mal slaughtered under this Act if the animal (0) was affected with disease when imported; (b) becomes affected while in an Animal Quarantine Sta. tion ; or (c) was imported in contravention of this Act, or of an order, notice, direction, prohibition or condition made or imposed under this Act. PART VII.-REGULATIONS 22. The Minister may make regulations for the better carrying out of the objects and purposes of this Act, includ ing, without prejudice to this generality, the following pur poses ((I) the prevention 'Of the introduction of and the preven tion and control of notifiable disease including (i) the control of establishments connected with anirnalsand animal products; and (ii) the prohibition. restriction or regulation of ac cess of persons to specified places; (lj) the isolatioa, innoculation, removal and slaughter of animals affected with or suspected to be affected With or exposed to a notifiable disease; (c) the burial or destruction of careases ; (d) prescribing U} ports and places for the import or export of animals, carcases, animal products, fodder or litter: Of [29th December] Supplement to Official Gazette 121 (u) conditions under which those 1l11p0IlS may take place; (e) prescribing periods of quarantine for imported ani mals or animals affected with or suspected to be affected with Or exposed to a notifiable disease; (/J controlling, prohibiting or regulating the move. ment of animals, carcases, animal products, fodder or litter into, within, or out of any specified place; (gJ controlling artificial insemination of animals; (Iz) prescribing (i) the disinfection of places and premises in which animals affected by a notifiable disease have been kept; (ii) the cleaning, disinsection or disinfection of land, premises, a vehicle, vessel or aircraft in which an animal, carcase, animal product, fod der or litter has been placed, kept or carried ; (iii) the disinfection, cleansing or treatment of ani mals which have been in contact with animals affected with a notifiable disease or which have been in an infected area; (iv) the examination, removal, transport, treatment, cleansing or disinfection of carcases, fodder litter, dung and other things connected with animals; (v) the dis.ntection of persons (and their clothing) coming into contact with or employed about animals affected with a notifiable disease, or suspected of being so affected or of being in an infected area; (vi) standards for or the prohibition of the manufacture of locally manufactured bio logical or chemical products used for '[he control of any animal disease: (vii) requiring persons in charge of vessels or air craft arriving in Seychelles with animals to enter into sureties for compliance with this Act; 122 Supplement to Official Gazette [29th December] Fees and charges Penalties Disposal of forfeited or confiscated animals etc. (i) making provisions for animals in transit through Sey chelles. 23. The Minister may prescribe by regulations--: (a) fees for the issue of licences under this Act; (b) fees for the examination of animals carried out under this Act; (c) fees and charges for drugs or vaccines supplied by the Government for the treatment of animals; (d) fees and charges for keeping animals in quaran tine (including feeding" ; or (e) fees and charges for or in connection with any ser vices rendered under this Act. PAIn VIII.-PENALTIES ETC. 24. (1) A person guilty of an offence against this Act is liable to imprisonment for 2 years and to a fine of R. 5,000. (2) Where a person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any other punishment, order that (i) the animal, carcase, or animal product in respect of which that offence was committed shall be forfe ted to the Government; (ii) the personconvicted or the owner of tha't animal, car case or animal product, shall pay to the Government such sum as the court considers reasonable to cover the expenses of or connected with its removal to the place of detention, and in the case of an animal the cost of its maintenance during that detention, and un less that sum is paid within a reasonable time speci fied in the order, the animal, carcase or animal pro duct shall be forfeited to the Government. 25. (1) Notwithstanding any other written law, an ani mal or thing forfeited or confiscated under this Act shall be disposed of in accordance with the instructions of the Minister. [29th December] Supplement to Official Gazette 123 (2) Where an animal or thing is disposed of in terms of this section. a person with any rights in that animal or thing shall not be entitled to an accounting or to com sation for its value. PAin IX.-REPEAL 26. (I) The Animals (Diseases and Importation) Act is re pealed. (2) Ali statutory instruments made under the Animals (Diseases and Importation) Act and in force immediately prior to the coming in 0 operaton of this Act shall con tinue in force but may be amended or revoked by a statu 'tory instrument made under. this Act. Repeal of Cap. 131 124 Supplement to Official C?~z~~te SCHEDULE 1 NOTIFIABLE DISEASES (29th December] Section 3 (j cneral Anthrax Bluetongue Brucellosis Heartwater Johnes Disease Foot and Mouth Disease Leptospirosis Mange Tuberculosis Trypanosomiasis Horses etc. African Horse Sickness Epizootic and Ulcerative Lymphangitis Glanders Cattle etc. Cattle Plague (Rinderpest) Contagious Bovine Pleuro-Pneumonia Contagious Epididymitis and Cervico-Vaginitis of Cattle Bovine Virus Diarrhoea (Mucosal Disease) Cutaneous Streptothricosis (Dermatophilus Infection) Infectious Bovine Rhino tracheitis - Infectious Pustular Vulvovaginitis Lumpy Skin Disease Bovine Genital Vibriosis and Trichomoniasis Theileriasis Sheep etc. Contagious Caprine Pleuro-Pneumonia Nairobi Sheep Disease Contagious Pustular Dermatitis Pox of sheep and goa~ Sheep scab Scrapie Swine etc. Swine Fever (Classical. Africal, and Hog Cholera) Swine Vesicular Disease Swine Erysipelas Transmissible Gastro Enteritis In Swine [29th December] Supplement to Official Gazette .-.------- .. . ~--- . .- ---------------- .. 125 Poultry etc. Anatipestifer infection (duck septicaemia) Arizona Infection Avian Influenza Bicillary white diarrhoea (Pullorum disease) Contagious bronchitis (Infectious bronchitis) Duck virus enteritis (duck plague) Duck virus hepatitis Eastern Equine encephalomyelitis Fowl cholera (pasteurellosis) Fowl pest in any of its forms including Newcastle disease and fowl plague Fowl paralysis (Marek's disease) Fowl pox Fowl typhoid Goose influenza Infectious avian encephalomyelitis Infectious bursal disease (Gumboro disease) rnfectious laryngo-tracheitis Leucosis Mycoplaernosis Omithesis Pneumo-encephalitis Salmenellosis Transmissble enteritis of turkeys Tuberculosis and Vibrionic heptitis 126 Supplement to Official Gazette [29th December] SCHEDULE 2 VALUATION OF SLAUGHTERED STOCK Section 21 I. An olliccr appointed by the Minister shall gi\e wr-ttcr: not«, c [0 the owner or his agent of his valuation of the animal based on current market value taking into account an)' residual value of the carcasc (if returned to the owner). 2. Within 2-+ hours after the receipt of that notice t!~c owner or his agent may give a wriucn counternotice to the otiiccr st rting that he dispute, the valuation and his rcasons for so doing. J. If counter-notice is nut given in lerow. or paragraph 2. cornpcnsatton shall be paid on that valuation. 4. if counter-notice is given in terms of paragraph :. the value of the animal shall be determined after consideration of the first valuation and of the rea sons in the counter-notice by a second ollicer appointed by the Minister. and his valuation shall be final. I certify that this is a correct copy of the Bill passed by the People's Assembly on the 28th day of December, 1981. Mrs. J. COSGROW, Clerk to the People's Assembly.