Animal Identification Act, 2010

> · Animal Identification [No. 28 of20I O 431 THE ANIMAL IDENTIFICATlON ACT, 2010 ARRANGEMENT Of SECTIONS Section PART I PRELIMINARY l. Short title 2. Interpretation 3. Application of Act PART II ADMINISTRATION 4. Appointment of Registrar of An imal Identification and other staff 5. Powers of Registrar 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 PART ill REGISTRATION Compulsory animal identification Application for registration of identification mark Prescribed identification marks Validiiy of identification mark Renewal of identification mark Duties of owners of animals Transfer of identification mark Cancellation of certificate of registration of identification mark Registration of marking operators Register Pub I ication of copies of Register Use of identification mark by unauthorised person Offences related to marking of animals Appeals PART IV GENERAL PROVISIONS 20 Evidence 21 Burden of proof 22 Regulations 23 Repeal of Cap. 244 24. Transitional provisions in relation to existing ceriificates of registration Single copies o/rhis Act may be obtalntdfrcm the Government Printer. P.O. Box 30/36. /0/0/ Lu,aka. Price KS.000 each , .. • 432 ' • . ' Animal Idenrificarion [No. 28 of2010 433 GOVERNMENT OF ZAMBIA ACT No. 28 of 2010 Date of Assent: 14th August, 2010 An Act to provide for lbe registration of animal identification marks and mar king operators; provide for the appointment of the Registrar of Animal Identification; to repeal and replace the Brands Act, 1913; and provide for matters connected with, or incidental to, the foregoing. [16th August, 2010 ENACTED by the Parliament of Zambia. PART I PRELIMINARY Enac1mcnt J. This Act may be cited as the Animal Identification Act, Shon title 2010. 2. In this Act, unless the context otherwise requires- Interpretation " animal " means any animal declared by the Minister in tenns of section rhree; "animal identification " means a method of identifying an animal using methods approved by the Registrar; " carcass " means the carcass of an animal, and includes part of a carcass, and the meat, bone, hide, skin, feather, hoof, horn, offal or other part o f an animal; " certificate of registration " means the certificate of registration of an identification mark issued under section seven; " Deputy Registrar" means the person appointed as Deputy Registrar of Animal Identification under section four; " identification mark "means an identification mark registered under section seven for the purpose of identifying the animal, but does not inc lude any • 434 No. 28 of 2010] Animal !denti.ficatio,i Application of Acl Appoi~tment of Registrar of Animal Identification and other Slaff Powers of Rcgiscrar (a) mark made or placed on the horn or hoof; {b) mark made with paint on an animal; (c) clasp, rivet or tag attached 10 the ear, o r a mark made on such clasp, rivet o r tag; or (d) notch or hole; " mark " means to place or collect an identification mark on an animal; "mark.ing instrument " means an instrument used or intended to be used for marking animals; " proprietor " means the registered prop rietor of an identification mark; " Register " means the Register referred to under section fourteen: and " Registrar" means the person appointed as the Registrar of Animal ldemification under section/our. 3. This Act applies in respect of animals dec lared by the Minister by notice in the Gazelle. PART II AoMlNlSTR.ATION 4. The Public Service Commission shall appoint, as publ ic officers , a Registrar of Animal !dent i fication, Deputy Registrars o f Animal Identification and such other staff within the Ministry responsible for lives tock development, as sha ll be necessary for the proper administration of this Act . 5. (J) The Registrar may, on the authority of a warrant issued under subsection (2). conduct an investigation to determine whether the provisions of this Act are being or have been complied with, and may, for that purpose during normal office hours and without giving prior notice (a) enter upon any place, premises or conveyance in, or upoo, which the Registrar has reasonable grounds 10 believe is placed or is being kept any animal, carcass or hide of any animal, marking instrument, certificate or document, or register o f marking operators in respect of which this Act applies; (b) cl ip or otherwise remove hair from any animal, carcass or hide in order to fac ilitate examination for animal identification; and (c) seize any animal or object in respect of which the Registrar has reasonable grounds to believe that this Act has been contravened. Animal Identification [No.28 of2010 435 (2) A warrant referred to in subsection (I) shall be issued by a magistrate who has jurisd ictioo in the area in which the place or facility in question is situated, if it appears from information on oath that there are reasonable grounds to believe that any material, substance, appliance, book, statement or document that may relate to a contravention of this Act is in or upon such place or facility. (3) Where no criminal proceedings are instituted in connection with any item seized under subsection (I), or if it appears that such item is not required at any trial for the purpose of evidence or an order of cour1, the Registrar shall return that item as soon as possible to the person from whom it was seized. ( 4) After the conclusion of criminal proceedings, an item seized pursuant to subsection (I) and which served as an exhib it in proceedings in which a person was convicted, shall be handed over to the Registrar to be destroyed or otherwise dealt with as instructed by the Registrar. ( 5) The Registrar may delegate to an officer any of the powers of the Registrar under this section. (6) A person who (a) delays or obstructs the Registrar in the exercise of the Registrar's powers; (b) refuses to give the Registrar such reasonable assistance as the Reg istrar may requ ire for the purpose of exercising the Registrar's powers; or (c) gives the Registrar false o r misleading information in answer to an inquiry made by the Registrar; commits an offence and is liab le, upon conviction, to a fine not exceeding two hu ndred thousand penalty units or to imprisonment for a period not exceeding two years, or to botl1. PART Ill REGISTRATION 6. ( I ) An owner of an animal shall mark an animal with an identification mark in accordance with the provisions of this Act. (2) A person who contravenes subsection (I) commits an offence and is liable, upon conviction, to a fine not exceeding s ixty thousand penalty units orto imprisorunent for a period not exceeding six months, or to both. 7. (I) An ownerofan animal shall apply forthe registration of an identification mark to the Registrar in the prescribed manner and fonn upon payment of the prescribed fee. (2) The Registrar shall, where an application for the regist1ation ofan identification mark complies with the requirement of this Act Compulsory animal identification AppliC9liOn for registnuion of identification mark I I .< 436 No. 28 of 20101 Animal Identification Prescribed identification marks Volidily of identification mark RcnewaJ of identification n\Atk Duties of owners of animals (a) register and allocate the identification mark to tl1e applicant; and {b) issue the appl icant with a certificate of registration of the identification mark in the prescribed fonn. (3) The Regis trar shall, where the Registrar rejects an application for registration of an identi fication mark, infonn the applicanl accordingly and give the reasons therefor. ( 4) A certificate of registration shall be primafacie evidence lhat the person in whose name the identification mark is registered has, during the period shown in the certificate , the exclusive right to the use and benefit of the identification mark. 8. Notwithsiand ing section seven the Min ister may, by statutory instrument, prescribe the identi fication marks in respect of each group of an imals to which marks may be al located under section seven. 9. An identification mark is valid for a period of five years from the date of its a llocation. 10. ( I) A proprietor of an identification mark may, three months before the expiry of the validity of the identification mark, apply to the Registrar for the renewa l of the identification mark in tl1e prescribed manner and fonn. (2) The Registrar shall, upon receipt of an application under subsection ( I) and where the application meets such requirements as may be prescribed, renew the identification mark. 11. ( I) An owner of an animal shall (a) apply for the registration of an identification mark under section six; {b) mark the animal in the prescribed manner; . (c) where an identification mark on an animal is invisible or indistinct, mark the animal clearly with thnl person's identification mark; and (d) notify the Registrar in writing of any changes of that person's address. (2) A person shall not sell, barter, g ive away or in any other manner, d ispose of an an imal unless (a) such animal has been marked in the prescribed n1anner with the identification mark of the person dispos ing of that animal; and (b) that person furnishes the Registrar with details of the transfer of the animal. . . Animal Identification [No. 28 of2010 437 (3) A person acquiring an animal from a person disposing of an animal under subsection (2) shall retain the document of transfer obtained from that person for a period of one year. 12. An owner of an animal with an identification mark registered under this Act, may apply lo the Registrar for the transfer of the identification mark to another person in the prescribed manner and form upon payment of the prescribed fee. 13. (I) An owner of an identification mark may surrender the identification mark and the Registrar may, upon receipt of a notice thereof, cance l the certificate of registration of the identification mark. (2) The Registrar shall cancel the certificate ofregistration of an identification mark issued under th is Act if (a) tbe holde r of the certi ficate of registration obtained U1e certificate th rough fraud, misrepresentation or concealment of a material fact; (b) the validity of the certificate of registration expires; or (c) the holder of the certificate of registration commits an offence under this Act or any other law. 14. ( I) A person who wishes to mark animals, other lhan Lhat person's animals, for financial gain shall apply to the Registrar for registration as a marking operator in the prescribed manner a nd fom1 upon payment of Lhe prescribed fee. (2) The Registrar shall, where an application complies with the requirements of th is Act, register the applicant as a marking operator. (3) A marking operator shall maintain and keep a register of animals marked by the marking operator in the prescribed manner and forn1. (4) T he Registrar sha ll , where the Regis!rar rejects an application for regisiration as a marking operator, infonn the applicant accordingly and give the reasons therefor. 15. ( I) The Registrar sha ll keep and ma intain a Register of all identification marks and marking operators registered under U1is Act. (2) The Register shall be kept in the custody of the Registrar and shall be open for inspection by members of the public during normal office hours. 16. (I) The Registrar shall cause copies of the Register and any alterations thereof, or additions thereto, to be printed and published in a da ily newspaper of general circulation in Zambia. Transfer of identification marl< Cancella1ion of certificate of registration of identification mark Registration of marking operators Register Publication of copies of Register • 438 No. 28 of-2010) Animal ldemification Use of identification mark by unauthorised person Offences related to marking of animals (2) Subject to this Act, a copy of the last published and printed Register shall be ev idence admissible in all legal proceedings of what is conta ined in that Register and the absence of an identification mark from that copy, shall be prima facie evidence that the identification mark is not registered. 17. A person, not be ing the registered proprietor of an identification mark and not acting with the authority of such proprietor, who imposes or causes to be imposed upon an animal, the registered identification mark or an unregistered identification mark commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty uni ts or to !mpr!~cmnent for a period net exceeding three years, or to both. 18. (1) A person wh~ (a) marks or allows an animal to be marked with a mark which is not an identification mark registered under this Act; (b) marks or allows an ani ma l to be marked with an identification mark without the authorisation of the owner of such identification mark; {c) marks or allows an an imal to be marked wi th an identification mark otherwise than in the prescribed manner; (d) marks or allows an an imal to be marked with an ident ification mark which is registered in the name of a person who is not the owner of the animal; (e) marks orallows an animal to be marked with an identification mark which is not a prescribed identification mark in rei,,,ect of the group to which the animal belongs; or (f) uses more than one identification mark in respect of the same group of animals, unless the registration ofall the identi fication marks was obtained under th is Act; commits an offence. and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. (2) A person wh~ {a) is a marking operator and fails to keep a register in terms of this Act; (b) has in that person's possession an an imal that is not marked in accordance with, or in a manner allowed by, this Act; (c) alters, mutilates or cancels an ident ification mark on an animal; " ~ ..., .,, ...., Animal Identification [No. 28 of 2010 439 (d) sells lo any person an animal on which an identification mark has been a ltered, mutilated or cancelled; (e) hinders or obstructs an officer or police officer in the execution of the ofliccr's or police officer's duties or powers under this Act; (/) fails or refuses to produce, when required under this Act by the Registrar or a police officer to do so, any animal or other thing in that person's possession or under that person's control; (g) a lters a certificate of registration issued under this Act; {h) fails to comply with, or contravenes, any provision of this Act; (i) in any application made in terms of th is Act, makes or causes to be made a siatement which is false; (j) falsely holds oneself out 10 be the Registrar or an officer approved under this Act; or (k) marks animals for financial gain without being registered as a marking operator; commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. 19. ( l) A person who is aggrieved with a decision of the Appeals Registrar under U1 is Act may, within thirty days of receiving the decision, appeal to the Minister. (2) A person who is aggrieved with a decision of the Minister under subsection (I) may, within lhiny days of receiving the decision, appeal to the High Court. PART IV GENERAL PROV1St0NS 20. In any legal proceedings a certificate or compucer printout Evidence purporting co have been issued by tbe Registrar regarding the registration, or the transfer or cancellation of the registration, ofan identification mark under this Act, or the 0W11ership of an identification 1llllrl<, or any other particulars contained in the Register, shall upon production in such proceedings be primafacie evidence of the facts stated in it. 2 I. On the trial of a person who is apprehended in possession Burden or of an animal marked with a registered identification mark, a carcass proo f or parts of a carcass without any identification and upon proof being g iven of the ownership of such animal and that a theft thereof has been committed, the onus of proof that such animal was lawfully or innocently in that person 's possession shall rest upon the accused person. • 440 No.28 of 20101 Animal Identification Regulations 22. ( I ) The Minister may, by statutory instrument, make Repeal of Act No. 12 of 1913 Tra nsitionat provisions in relation to existing certificates of regjsiration regulations for the better carrying out of the provisions of this Act. (2) W ithout prejudice to the generality of subsection ( I}, the regulations made pursuanc to that subsection may provide for (a) the forms in wh ich applications for and certificates of registration s hall be made; {b) the form and manner of giving any notice required by this Act; {c) the fonn in which any transfer of the right to any registered identification mark shall be effected; (d) the size, shape, pattern and composition of identification marks; (e) the size, shape and construction of marking instruments; (/) the age which animals should have attained before they are marked; (g) the manner in wh ich, the parts on wh ich and the material w ith which animals shall or may not be marked; (h) the conditions on which an owner of animals may obtain the registration of more tlian one identification mark in respect of tlie same group of animals; (i) the fees to be paid under t11e provisions of this Act; OJ the system and procedure to be observed by the Registrar in allocating identification marks; and (k) anyt11ing which may be required for the better carrying into effect of the provisions of this Act. (2) The Minister may make different regulations in respect of different kinds of identification marks, different groups of animals and different areas. (3) Such regu lations may impose a penalty not exceeding two hundred tllousand penalty units for any breach thereof or, in default of payment of such fi ne, imprisonment for a period not exceed ing two years. 23. The Brands Act, 1913, is hereby repealed. 24. (I) A person who holds a certificate of registration issued under the repealed Act shall, within a period of one year from the commencement of this Act, apply to the D irector for a certificate of registration of an identification mark, in accordance with the provis ions of this Act. (2) For the avoidance of doubt. all certificates of registration issued under tllc repealed Act shall cease to be valid one year after the commencement of this Acl. •