Legal Document

Title: The Animal Diseases Act, 1965
Type: Act
Issuing Agency: Ministry of Agriculture
Responsible Agency: Ministry of Agriculture
Issuing Date: 15-04-1965

The Animal Disease Act, 1965

Date of commencement: 15th April, 1965.

An Act to make new provision for the prevention of disease amongst animals and other incidental or connected matters.

 

 

1. Short title

2. Interpretation

3. Regulations

4. Price control and regulations

5. Validity of existing regulations

6. Animal Disease Notifications

1. Short Title

This Act may be cited as the Animal Diseases Act, 1965.

2.Interpretation

In this Act, unless inconsistent with the context:

“Animal” includes bird;

“Animal products” means:

  1. milk and milk products of animals,
  2. uncooked meat (including biltong), organs, viscera and tissue of animals;
  3. the hides and skins of animals,
  4. the feathers, hair, bristle, horns, hoofs, bones, blood and manure of animals and the contents of their paunches; and
  5. bone‐meal and carcass‐meal of animals;

“Cattle” means bulls, oxen, cows, heifers and calves;

“Minister” means the Minister for Agriculture;

“Officer” means Permanent Secretary for Agriculture or person authorised by him;

“Stock” means cattle, sheep, goats, horses, mules, asses, pigs, dogs, domesticated wild animals, and birds including poultry, and such other animals as the Minister may, by notice in the Gazette, declare to be stock.

3.Regulations

  1. The Minister may, by notice published in the Gazette, make such regulations as appear to him to be necessary in order to prevent the introduction or spread of diseases amongst stock and other animals.

  1. Without prejudice to the generality of the foregoing, the regulations may provide for the following matters:
    1. The definition of diseases and other expressions for the purposes of this Act;
    2. The notification of outbreaks, or suspected outbreaks, of diseases;
    3. The restriction and prohibition of the importation, exportation and movement of:
      1. animals, animal products or any other thing likely to introduce or spread disease among stock and other animals; and
      2. containers and vehicles used for the conveyance of animals, animal products or any other thing likely to spread disease amongst stock and other animals;

The restriction and prohibition being effected by any necessary means, including the establishment of sanitary cordons by an officer guarded by or composed of officers who, in addition to other officers, may:

  1. stop and search persons, containers and vehicles; and
  2. examine and detain animals, animal products or any other thing likely to introduce or spread disease amongst stock and other animals and disinfect or destroy them or do both, with or without compensation;

(cc) the restriction and prohibition of:

  1. the importation, exportation and movement of live virus or other pathogenic agent capable of causing disease in animals or of serum, vaccine or other biological or chemical products intended for the treatment of animals; or
  2. the use of biological or chemical products for the treatment of animals; (Added A.2/1990.)

  1. The examination and disinfection of premises, vehicles and any other thing likely to introduce or spread disease amongst stock and other animals
  2. The inspection of stock and the payment by the owner or person in charge of a fee for the inspection;
  3. The branding of stock and the payment by the owner or person in charge of the expenses of the branding;
  4. The detention, isolation, concentration, testing, inoculation, disinfection, cleaning, dipping or removal of stock and the payment therefor by the owner or person in charge of those things;
  5. The slaughter of stock or other animals with or without compensation to their owners, if any;
  6. The restriction and prohibition of the slaughter of animals, whether or not wild and wherever situate;
  7. the control of slaughter‐places, butcheries and dairies, and other places if necessary in order to prevent the introduction or spread of disease amongst stock and other animals;
  8. The burial or destruction of carcasses and the payment by the owner or person in charge of the expenses of the burial or destruction; and
  9. The construction of roads and dipping tanks upon, and the fencing of, areas and where the cost of the construction of fencing is met from public funds the charging, in favour of the Government of the lands so fenced or upon which roads or dipping tanks are constructed.

  1. Regulations made under this section may provide for penalties for offences against the regulations, and different penalties for successive offences against the regulations, but no such penalty shall exceed a fine of six hundred emalangeni or imprisonment for two years or both.

4.Price Control and Regulations

  1. Where it appears to him to be desirable in the public interest owing to the existence of disease amongst stock, the Minister may, by notice published in the Gazette, fix maximum and minimum wholesale prices and maximum and minimum retail prices, at which any animal, animal product, and anything the movement of which is regulated under section 3, may be sold within Swaziland or a specified area of Swaziland.

  1. A person who sells any animal, animal product or other thing referred to in subsection (1) at a price which is either in excess of the maximum or less than the minimum price fixed by a notice referred to in that subsection shall be guilty of an offence and liable, on conviction to a fine not exceeding four hundred emalangeni or, in default of payment thereof, to one year’s imprisonment.

  1. The Minister may, by notice published in the Gazette, make such regulations as appear to him to be necessary in order to provide for any matter necessary for, or incidental to, the effective administration or enforcement of the price control referred to in subsection (1).

  1. Regulations made under this section may provide for penalties for offences against the regulations, and different penalties for successive offences against the regulations, but no such penalty shall exceed a fine of four hundred emalangeni or imprisonment for one year or both.

5.Validity of Existing Regulations

The Stock Diseases Regulations, 1933, as amended at the commencement of this Act, are deemed to have been made under section 3 of the Act.

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6. Animal Disease Notifications

Legal Notice No. 35 OF 2006
The Animal Disease Act,1965
(Act No.7 of 1965)


Animal Disease (Prohibition of Use of Anabolic Hormones, Thyrostatic Substances and Growth Promoters) Regulation, Notice, 2006
(Under Section 3)


In exercise of the powers conferred by Section 3 of the Animal Disease Act, 1965 the Minister for Agriculture and Cooperatives makes the following Regulations:

Citation and Commencement

Interpretation

Prohibited Substances

Permitted Rises of Prohibited Substances

Sampling and Testing of Stock

Results of Tests

Offences and Penalties

Revocation of Legal Notice No. 87 of 1990


Citation and Commencement
1. These Regulations may be cited as the Animal Disease (Prohibition of use of Anabolic Hormones, Thyrostatic Substances and Growth Promoters) Regulations, 2006 and shall come into force on the date of publication.


Interpretation
2. In these Regulations unless the context otherwise requires:
"approved laboratory" means any laboratory authorised by the Director to process samples;
"authorised substance" means any substance referred to in regulation 4;
"anabolic hormones, thyrostatic substances and growth Promoters" include-


(a) stilbenes, stilbene derivatives, their salts and esters;
DiethystilboestroI;
Dienoestrol;
Hexoestrol;


(b) Thyrostatic substances and their deverivatives;
Thiouracil;
Methylthiouracil;
Propylthiouracil;
Tapazol


(c) Any other substances with oestrogenic or gestagenic action and their derivatives;
Oestradiol 17B
Testosterone;
Trenbolone:
Methyltestosterone;
Nortestosterone;
Zeranol;


(d) Any anabolic hormonal or thyrostatic substances administered to any stock;

(e) Any other growth promoting substances including Zilpaterol Hydrochloride (Beta Agonist)


"Director" means the Director of Veterinary Services;
"prohibited substance" means an analbolic hormone, throstatic substance or Growth Promoter.
"stock" has the same meaning assigned to it in Section 2 ofthe Animal Disease Act, 1965;
"Veterinary Surgeon" has the same meaning assigned to it in regulation I of the Stock Diseases Regulations, 1933 and the Veterinary Surgeon's Act No. 8/1997.


Prohibited Substances
3. Except as otherwise provided in regulation 4, no person shall without a permit issued by the Director manufacture, import, store, transport or distribute any prohibited substance for use in any stock or administer such substance to any stock.


Permitted Rises of Prohibited Substances
4. (1) Except with the written authorisation of the Director, specifying the purpose and use, no person may acquire and use any prohibited substance in any stock and for any purpose.


(2) Veterinary Surgeon may, with the written authorisation ofthe Director acquire and use such substances as oestradiol - 17B, testosterone, progesterone or those derivatives which readily yield the parent compound on hydrolysis after absorption at the site of application for;
(a) therapeutic treatment only;
(b) the synchronisation of oestrus;
(c) the termination of unwanted gestation;
(d) the improvement of fertility and the preparation of donors and recipients for the implantation Of embryos,


(3) Any stock that is subject to treatment in the manner referred to in subregulation (1) shall be identified with such permanent mark as the Director may prescribe.


(4)Wheh an authotised substance is used for therapeutic treatment it shall be administered only in the form of injection by a Veterinary Surgeon and not in arty other form.


(5) Where a veterinary Surgeon use any authorised substance in the manner referred to in subregulation (1) he shall submit to the Director a report in that respect as well as keep appropriate records in relation to the use of such substance.


(6) Any stock treated With an authorised substance in the manner referred to in subregulation
(1) shall not be slaughtered for human consumption until the specified withdrawal period for the drug administered to such stock has expired.


(7) No stock treated in the manner referred to in subregulation (I) (a) shall be admitted to an abattoir for slaughter unless it is accompanied by a written authorisation by the Director, stating the details of the therapeutic treatment administered to the stock, and such stock shall not be slaughtered unless they have been tested for residues.

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Sampling and Testing of Stock
5. (1) The Director shall, for the purposes of testing any stock for residues of prohibited or authorised substances, determine the stock and farms to be sampled and the tests to be applied in determining the residues of prohibited or authorised substances.


(2) Samples of stock collected by an officer of the Veterinary Services Department shall be submitted by the Director to an approved laboratory for testing.


Results of Tests
6. (1) The results of any test carried out on any samples by an approved laboratory shall be final.


(2) Where a laboratory test confirms the presence in stock of:
(a) a prohibited substance; or
(b) residues exceeding the maximum natural physiological levels for an authorised substance or which  shows an unreasonable use of such substance, the laboratory shall notify the Director forthwith of such results.


(3) The owner of farm, the stock of which have been found with prohibited substances or residues referred to in subregulation (2) shall not move or cause to be moved such stock from the farm, unless he is authorised in writing by the Director to do so, and all the stock on the farm shall be identified in such manner as the Director may determine.


(4) All stock on such farm shall be subject to tests and -
(a) any stock found with residues exceeding the maximum natural physiological levels for an authorised substance shall not be slaughtered for human consumption until such time as the director is satisfied that the levels are below the maximum natural physiological limits; or
(b) any stock found with residues of prohibited substances shall be destroyed under the supervision of an officer of the Veterinary Services Department


(5) The meat of any stock referred to in subregulation (4) (a) shall be tested after they have been slaughtered.


(6) The owner of any stock found with a prohibited substance or residues referred to in subregulation (2) shall be guilty of an offence and liable on conviction to a fine of Six Hundred Emalangeni or to imprisonment of two years or to both.


Offences and Penalties
(7) Except as otherwise provided in regulation 6, any person who contravenes any of these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding Six Hundred Emalangeni or two years imprisonment or to both.

Revocation of Legal Notice No. 87 of 1990
(8) Legal Notice No. 87 of 1990 is revoked.


C. T Nkwanyana 
Acting Principal Secretary 
Ministry of Agriculture and Cooperatives 

Mbabane
27 January, 2006

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Legal Notice To. 6 of 2012

Animal Diseases Act, 1965

(Act to. 7 of 1965)

Animal Disease (Regulation and Control of Veterinary Drug S and Medicinal Substances) Regulations, 2012

               (Under Section 3)

In exercise of the powers conferred by Section 3 of the Animal Diseases Act, 1965 the Minister for Agriculture miles the following Regulations:

Citation and Commencement

Interpretation

Listing

Offences and Penalties

Citation and Commencement.

  1. (1) This Regulations may be cited as the Animal Disease (Regulation and Contro1 of Veterinary Drugs and Medicinal substances No. 1) Regulation s, 201 2.

  1. In these regulations shall come into force on the date of publication.

Interpretation.

  1. In. these Regulations unless the context otherwise requires:

Veterinary Drugs and Medicinal Substances’ means any biological or chemical product or mixture of substances, including feed additives, used or intended to be used in the diagnosis, treatment, mitigation or prevention of disease or ab normal physical or mental or the symptoms thereof in an animal; restoring, correcting or modifying any physical, mental or organic function in an animal; manipulating morphology, natuia1 development and breeding of an animal.

'Compendium or Registered Veterinary Drugs and Medicinal Substances means a compiled list, under the authority of the Director of Veterinary Services, of Veterinary Drugs and Medicinal Substances permissibl e for use in the Kingdom of Swaziland, hereinafter referred to as ‘the Compendium'.

Listing

  1. (1) The listing of products in the Compendium is a 'pub tic good' and does not give any applicant the sole right to manufacture, import and distribute the product.

       (2)  The office of the Director of Veterinary Services shall be the custodian of the Compendium.

      (3)The inclusion of a product in the Compendium shall be subject to due submission of an application and evaluation in a manner pees cri bed by the Director of Veterinary Services.

      (4) The inclusion of a product in the Compendium shall be on the decision of the Director of Veterinary Services,

     (5) Except in a case of an animal health emergency, the Director of Veterinary Services ma authorize the distribution and use of an un listed Veterinary Drug or Medicinal Substance, provided that the authorization is given for a period and upon terms and conditions necessary for dealing with the emergency

Offences and PenaIties

      8. A person who contravenes these Regulations commits an offence and shall be liable on conviction to a fine not exceeding Six Hundred Emalangeni or two years imprisonment or to both.

                                                     Dr. R. S. Thwala Principal Secretary Ministry of  Agriculture

 

Legal   Notice   No.  140  of 2007

The Animal Diseases  Act, 1965

(Act  No. 7 of 1965)

The Stock Disease (Amendment) Regulation, 2007

(Under Section 3)

Citation

Ammendement of Regulation 2

In exercise of the powers conferred by Section 3 of the Animal Disease Act, 1965, the Minister for Agriculture hereby makes the following Regulations:

Citation

1. These regulations may be cited as the Stock Diseases (Amendment) Regulations No. I of 2007, shall be read as one with the Animal Diseases Regulations, 1933 and shall come into force on the 25th February 2007.

Ammendment of Regulation 2

2. Regulation 2 of the Stock Regulations 1933 is amended by adding die following list of diseases:

(j) Replace current disease name with “Contagious Bovine Pleuropnrumoia" (Lung Sickness).

(w) Replace current disease name with “Afican Swine Fever”.

(ai) Caprine Brucellosis [Brucella Meltiiensis)

(aj) Swine Brucellosis (Brucella  Suis) (zk ) Ovine Epididymitis (BrucellaOvis) (al) Aujcszky's Disease

(am) Bluetongue

(an) Crimean Congo Hemorrhagic Fever

(ao) Echinococcosis / Hydatidosis (ap) Japanese Encephalitis

(aq) Leptospirosis

(ar) Newworld Screwworm (Cochiiomyia hominivorax) (as) Oldworl Screwworm (Chrysomyia bezziana)

(at) Trichinellosis (au) Tularemia

(av) Vesicular Stomatitis (aw) West Nile Fever

(ax) Bovine Anaplasmosis (ay) Bovine Babesiosis

(az) Bovine Genital Campylobacteriosis

(ba) Bovine Spongifomi Encephalopathy (Madcow Disease) (bb) Bovine Viral Diarrhea

(bc) Enzootic Bovine Leucosis (bd) Hemorrhapic Septicemia

(be) Malalignant Catarrhal Fever (bf) Trichomonosis

(bg) Caprine Arthritis / Encephalitis (bh) Contagious Agalactia

(bi) Contagious Caprine Pleuropneumonia

(bj) Enzootic Abortion of Ewes (Equine Chlamydiosis) (bk) Maedi-Visna

(bl) Nairobi Sheep Disease

(bm) Peste des petits ruminants

(bn) Salmonellosis of sheep (Salrrionel!a abortus ovis

(bo) Scrapie

(bp) Sheep and Goat Pox

(bq) Goat Mange

(br) African Horse Sickness

(bs) Contagious Equine Metritis

(bt)Equine Influenza

(bu) Equine Piroplasmosi

(bv)Equine Rhinopneumonitis

(bw) Equine Viral Arteritis

(bx) Surra (Trypanosoma evansi)

(by) Venezuelan Equine Encephalomyelitis

(bz) Classic Swine Fever

(ca) Nipah Virus Encephalitis

(cb) Porcine Cysticercosis

(cc) Porcine Reproductive and Respiratory Syndrome

(cd) Swine Vesicular Disease

(ce) Transmissible gastroenteritis

(cf) Avian Chlamvdiosis

(cg) Avian Infectious Bronchitis

(ch) Avian Mycoplasmosis (Mycoplasma gallisepticum)

(ci) Avian Mycoplsstriosis (Mycoplasma synoviae)

(cj) Duck Virus Hepatitis

(ck) Notifiable Avian Influenza (High and Low Pathogenic Avian Influenza)

(cl) Infectious Bursal Disease (Gumboro Disease)

(cm) Mareks Disease

(cn) Pullorum Disease

(co) Turkey Rhinotracheitis

(cp) Myxomatosis

(cq) Rabbit Hemorrahge disease

(cr) Acarapisosis of honey bees

(cs) American foulbrood of honey bees

(ct) European foulbrood of honey bees

(cu) Small hive beetle infestation (Aethina fumida )

(cv) Propilaeclaps infestation of honey bees

(cw) Varroosis of honey bees

(cx) Camel Pox

(cy) Leishmaniosis

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Download English: The Animal Diseases Act, 1965

List Measures/Standards

Name Description Status Measures/Standards Measure Class
Veterinary Import Permit for Live Animals and Animal Products This is a permit for importing live animals and animal products. This process represents the procedure for obtaining a permit to import live animals/animal products. The permit various for the particular animal/animal product being imported, e.g. live animals, processed meats, products of animal origin etc. with each permit being a formal document, serialized with a different format. Importation is subject to compliance with relevant import requirements, as stipulated on veterinary import permit. The permit is obtained from the Department of Veterinary and Livestock headquarters and at four regional offices, with permits for products of animal origin issued at the Public Health Office in Manzini. Certain products of meat origin are subject to quota controls, these are administered by NAMBOARD with the NAMBoard Import Permit required prior to application for the Veterinary import permit. Similarly, for all dairy products the Trader should have obtained a dairy produce import permit from SDB prior to submission for the Veterinary import permit. The permit has a validity of 30 days from date of issue and most often for one consignment only (although the permit may be valid for more than one consignment as stated on the permit itself). The average time for processing a permit from time of application to issue is within an hour subject to all information being available at time of application. There is a charge of SZE 30 per permit, with a SZE 10 charge only for live animals. Payment can be made at the Department and through purchase of fiscal stamp at the post office, respectively. The permit is obtained from the Department of Veterinary and Livestock headquarters and at regional veterinary offices found in all four regional offices. Active Measure Goods
Veterinary Health Certificate for export of live animals/animal products This process represents the procedure for obtaining a permit to export live animals/animal products. The permit is in the form of a formal document (serialized with a prescribed format). Exportation is subject to compliance with relevant export requirements, as stipulated on veterinary import permit. The permit is obtained from the Ministry of Agriculture and Food Security headquarters (Import and Export office) and has a non-extendable validity period of one month from date of issue and for one consignment only; and is issued with a signed veterinary health certificate. The average time for processing a permit from time of application to issue is 3-5 working days and applications are only accepted on Mondays. The application is made by completion of application (obtainable from the permit office of the Director of Livestock Services) and on presentation of the supporting documents; namely, commercial invoice, license, veterinary health certificate and import permit from destination country, and previous used permit for the last exported consignment. Active Measure Goods
Prohibition of the importation, exportation and movement of animals, and animal products The Minister for Agriculture may make regulations to prohibit the importation, exportation and movement of: (i) animals, animal products or any other thing likely to introduce or spread disease among stock and other animals; and (ii) containers and vehicles used for the conveyance of animals, animal products or any other thing likely to spread disease amongst stock and other animals; There may be also restriction and prohibition of: (i) the importation, exportation and movement of live virus or other pathogenic agent capable of causing disease in animals or of serum, vaccine or other biological or chemical products intended for the treatment of animals; or (ii) the use of biological or chemical products for the treatment of animals. Active Measure Goods
Importation of stock Anyone desirous of importing stock into Eswatini shall first make application to the Director of Veterinary Services for a permit Active Measure Goods
Restriction on importation (a) No person shall, without the written permission of the Director of Veterinary Services, import any animal product, including: (I) Milk and milk products; (II) Uncooked meat, organs and viscera of cattle, sheep, goats, pigs and other cloven hoof stock; (III) The hides and skins of such stock; or (IV) Hair, bristle, horns, hoofs, bones, blood and manure of any such stock; (b) Any vegetable products including grass, grass hay, straw, lucerne, hay, maize stalks and kaffir corn stalks, but excluding tobacco and its products, industrial timber, basket ware, maize, kaffir corn, ground nuts, fruit and vegetables in bags, fruit and vegetables in boxes or crates without grass or straw, and walking sticks, ornaments and curios made of wood. Active Measure Goods
Inspection of stock Any official appointed for the purpose by the Minister may enter upon any place whatsoever for the purpose of ascertaining whether any stock found in such place is suffering from a disease, or for the purpose of ascertaining whether the regulations in respect to the cleaning and disinfection of the said place have been properly carried out. Active Measure Goods
Quarantine of stock 1) An official may impose provisional quarantine and isolate in a place to be pointed out by him any stock amongst which an outbreak or suspected outbreak of disease has occurred, or any other stock which have been or are suspended of having been in contact with infected stock. (2) Such isolation and provisional quarantine shall not exceed a period of thirty days unless authorised by the Minister or Director of Veterinary Services, and the official isolating or imposing provisional quarantine on the stock shall at once inform the District Officer of the district and within a reasonable time obtain the authority of the Director of Veterinary Services or Senior Veterinary Officer for such isolation. (3) Costs incurred in connection with the isolation shall be recoverable from the owner of the stock. (4) The owner of any stock isolated under the provisions of this regulation may be ordered by an official to furnish such number of efficient herds as in the opinion of such official shall be necessary to herd and isolate such stock. (5) A person who moves any stock or causes such stock to be moved to or from a place of isolation mentioned in this regulation, without permission in writing of an official shall be guilty of an offence. Active Measure Goods
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