Animal identification and traceability are regulated by the Branding of Cattle Act, 1961 and the Diseases of Animals (Animal Information and Traceability System) Regulations, 2018. The Branding of Cattle Act,1961 provides for zonal branding areas as per the President's order, whereas the Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 provides for the establishment and maintenance of a computerized database for the registration of all cattle. Information to be recorded includes: the particulars of the animal; registration details of the owner; the holding where animal is being kept; and the animal identification device to be used. In addition to the computerized database, the Director of Veterinary Services must maintain a register, which includes information such as on: the number of the stock movement permits issued under the Regulations; the vaccination and other medical treatment of animals; animal mortality; on the movement of animals from one place to another; and the animal slaughter record. The law guarantees confidentiality of information submitted in accordance with the animal identification and traceability system. However, this information may be disclosed in the interest of public health and safety, national security, planning, public welfare, and diseases or pest control, and upon request by law enforcement officers.

Currently, the Control of Livestock Industry Act,1941 plays an important role in animal production. The Act regulates the purchase of livestock and livestock produce, the export of livestock and livestock produce, the licensing of export slaughterhouses and the supply of livestock to an export slaughterhouse, and introduces a levy on cattle exported. It establishes a system of permits for each tribal area for the sale or disposal of livestock by persons subject to any Botswana customary law. The purchase or acquisition of livestock in general requires a livestock buyer's licence or a livestock buyer's agent's licence. Licences may be granted free of charge to a specified category of persons involved in the livestock industry. Every holder of a licence shall regularly submit to the Director of Veterinary Services a record of livestock transactions. All livestock shall be branded after purchase or acquisition. Further restrictions are placed on the purchase, sale and disposal of livestock. No person shall export any livestock unless he or she is the holder of a certificate of registered exporter or a registered producer, and is in possession of an export permit issued by the Director of Veterinary Services. Purchase or acquisition of livestock produce (including poultry and poultry products) for trade requires a licence issued by the District Commissioner.

The Livestock Sales (Permits) Regulations, 1973 regulates the issuing of permits. It requires licensed livestock buyers to record all purchases, acquisitions, sales, exchange or other disposals of livestock.

Various laws define the term ‘animal’; the widest definition is found in the Cruelty to Animals Act, 1936 as "any horse, mare, gelding, bull, cow, ox, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, ostrich, dog, cat, or any other domestic animal, fowl or bird, and includes any wild animal in a state of captivity.” For conservation purposes, the Wildlife Conservation and National Parks Act (WCNPA), 1992 states that ‘animal’ means and includes any vertebrate or invertebrate animal, or fish, bird and the eggs and young thereof, but does not include a domestic animal or bird, or the eggs and the young thereof”.

Under the Cruelty to Animals Act, 1936, an ‘owner’ , in addition to its ordinary meaning, “includes any person having the charge, custody or control of any animal”. The Control of Livestock Bye-Laws passed in different districts provide a broader definition: here, in addition to its ordinary meaning, owner means, in relation to any animal, “any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain". The Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 define terms such as ‘custodians’; ‘business operators’ and ‘movement of an animal’. A ‘business operator’ means “a person who operates an animal production or animal product processing facility", while a ‘custodian’ means “a person who is acting with the authority of the owner of an animal, or who is in charge of the day-to-day farm management decisions with respect to an animal”. ‘Movement of an animal’ or ‘stock movement’ is defined as “when an animal is introduced into or leaves an area or holding."

The Livestock Improvement Act, 2009 and its 2021 Regulations seek to improve the livestock industry in Botswana. The Act requires that all animals used for the collection of semen, ova or embryo must be approved by the Registrar. An animal is approved if the Stud Book Association, on the recommendation of the livestock breeders’ society concerned, has certified that the pedigree and prescribed performance records of such animal are of such a nature that the use of the semen of that animal for artificial insemination would, in his or her opinion, be in the interests of the livestock industry. Also, the veterinary surgeon must certify that such animal is acceptable with regard to its general state of health and that there is an absence of disease and/or prescribed hereditary defects, and must further certify the quality of its semen and any such other attributes as may be prescribed. Furthermore, this Act requires that centres responsible for semen, ova or embryo collection and artificial insemination be registered. The Registrar must establish and maintain a register of semen collectors, embryo transferors, inovulators, centres, animals registered or approved for the collection of semen, ova or embryo, and livestock breeders’ societies. Further, the Act provides for the registration of livestock breeders societies, consists of a group of persons promoting the breeding, improvement and use of animals.

The Diseases of Animals (Animal Information and Traceability System) Regulations, 2018, requires the registration of holdings. Holdings are farms or other agricultural undertakings belonging to different keepers within a communal area, such as a kraal, ranch or feedlot where animals are regularly kept or bred, and the boundaries of which are defined by a physical or virtual fence.

The Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 identifies cattle and ostrich as the species that are subject to identification requirements; small stock such as goats have also been included. The Director may develop an animal identification system for any other stock as and when required. The law prescribes the methods of identification. Cattle are identified by use of branding in accordance with the Branding of Cattle Act, 1961 and an animal identification device such as bolus, and digital or analogue ear tag. The cattle must be identified within six months from birth, and an owner or custodian must tag them prior to move them from one holding (i.e. kraal, field, ranch, feedlot, or watering point where animals are kept or bred and with boundaries defined by a fence) to another. Ostriches are identified by the use of a registered holding of origin and an approved individual animal identification.

The Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 provides for the establishment and maintenance of a computerized database for the registration of all cattle. The database must record the following information: (a) the colour of the animal, which shall be written in Setswana; (b) the age of the animal; (c) the gender of the animal; (d) an owner identification number; (e) the animal identification device and analogue tag number of the animal; (f) the brand of the animal, and the position of the brand; (g) the animal holding; (h) the World Organisation for Animal Health (WOAH) disease status of the animal; (I) the zone where the animal is kept; and (j) the date of registration or tagging of the animal.

The Director of Veterinary Services is mandated by the Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 to maintain records of stock movement permits. The information that must be recorded regarding stock movement permits includes: the name, address, national identity card number and owner registration number, and the holding of origin, the holding destination and territory, the disease control zone, the  district, the extension area, and the crush and holding pens. The law requires the owners or custodians of animals to notify the Director of any movement of animals from one zone or holding to another. In any event, moving animals requires a stock movement permit or cattle removal permit when animals are moved to an export slaughterhouse or abattoir for slaughter. It is mandatory to keep records of all animal movements, including transfers between different holdings.

In addition to the computerized database, the Director of Veterinary Services must maintain a register that includes information such as: the number of the stock movement permits issued in terms of the Regulations; the vaccination and other medical treatment of an animal; the animal mortality; the movement of an animal from one place to another; and the slaughter record of an animal.

The Disease of Stock Regulations, 1926 also regulates the movement of animals. It specifically requires all animal movements to be granted a permit. The permit must indicate the number and class of stock to be moved and the route to be followed. The person in whose name the permit is made out shall be entirely responsible for all the conditions and restrictions of such permit. The animal movement permit may be withdrawn at any time.

The Diseases of Animals Act (DAA), 1977 and the Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 empower the competent authority to appoint inspectors to support the enforcement of animal identification and traceability requirements. The appointed personnel consist of the Director of Veterinary Services, the Deputy Director of Veterinary Services and any officer authorized by the Director. The Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 empowers the Director to appoint a stock traceability manager and assistant stock traceability managers. A stock traceability manager is responsible for implementing a stock traceability system used to trace all stock, and for keeping and maintaining an updated centralized stock information technology data management system. The stock traceability manager, known as the BAITS Coordinator, is the first point of call on any issue regarding stock traceability.

The Branding of Cattle Act, 1962 stipulates that a Registrar and an Assistant Registrar of Brands, operating at the district level, responsible for maintaining the register of brands is required. The DAA, 1977 grants departmental officers the power to enter on any land, building, shed, place, carriage, van, truck, vessel or aircraft containing, conveying or used for conveying, animals for inspecting or examining any stock, carcass, article or vehicle to ascertain whether or not the provisions of the Act are being properly carried out. Departmental officers are defined to include stock inspectors.

Further, the Diseases of Animals (Animal Information and Traceability System) Regulations, 2018 grants the Director with the power to visit and inspect any holdings, slaughterhouse or abattoir to ensure compliance with the laws. During the inspection of holdings, the Director must verify notifications of events such as tagging, treatments, movements, ownership or transfer of animals; he or she must also verify that ear tags are correctly applied and not tempered with. At slaughterhouses or abattoirs, the Director may request to be furnished with copies of the animal identification and trace-back records, within such time as he or she may specify.

Criminal sanctions are imposed for offences related to animal identification and traceability. Any person who contravenes any provision of the Diseases of Animals (Animal Information and Traceability System) Regulations may face a fine of up to BWP5 000, imprisonment for a term not exceeding five years, or both. Similarly, under the Branding of the Cattle Act, it is considered an offence to fail to brand animals with the required zonal brands, alter or deface a zonal brand, or use unregistered brands. The penalty for failing to brand animals or using unregistered brands is a fine not exceeding BWP200, imprisonment for a term not exceeding six months, or both. Defacing or altering a brand carries a penalty of a fine not exceeding BWP1 200, imprisonment for a term not exceeding four years, or both.

The general requirements on feed safety and quality are provided in the Medicines and Related Substances Act (MRSA) as read with Diseases of Animals (Stock Feed) Regulations, 2004, the Medicines and Related Substances Regulations (MRSR) 2019, and the Diseases of Animals (Prohibition of use of Anabolic Hormones and Thyrostatic Substances) Regulations, 1987. The MRSA establishes the Botswana Medicines Regulatory Authority BoMRA, which is responsible for implementing and managing the requirements pertaining to the production, distribution, import and export of animal feeds. Specifically, BoMRA must ensure that all medicines and related substances manufactured in, imported into, or exported from, Botswana are registered and conforms to established criteria of quality, safety and efficacy. Also, it must inspect, or cause to be inspected, premises where medicated feeds are used, handled or stored. The Act requires that premix only be prepared at a feed mill authorized to manufacture medicated feed by BoMRA, acting in consultation with the Department of Veterinary Services (DVS). Preparing premix without authorization is an offence that attracts a fine not exceeding BWP500 000 or imprisonment for a term not exceeding three years, or both. Also, the Act prohibits the operation of a feed mill except under a licence from the DVS.

According to the MRSA and its Regulations, any medicine, including medicated feeds, imported, manufactured or dispensed within Botswana, must be labelled and include any warnings or precautions that may be necessary or desirable. The Diseases of Animals (Stock Feed) Regulations, 2004 prohibits the manufacturing of feeding stock that contains: a. poultry excreta; b. meat and bonemeal, or any other protein of ruminant origin; or c. waste that contains any animal-derived protein. This law therefore requires that all feeding stock for retail shall be conspicuously marked, "This product does not contain any poultry excreta, meat and bonemeal, or any other protein of animal origin."

Also, the Diseases of Animals (Prohibition of use of Anabolic Hormones and Thyrostatic Substances) Regulations, 1987 mandates the Director of Veterinary Services to list anabolic hormones and thyrostatic substances that are prohibited for use in animal feed. Generally, the usage, handling, storage, transportation, distribution and sale of anabolic hormones and thyrostatic substances for use in animals are prohibited. However, the veterinary surgeons may be authorized to acquire and use the prohibited substances for therapeutic treatment only. The law further authorizes the Director of Veterinary Services to prescribe prohibited substances for use in animals

The legal framework governing the registration and licensing of feed business operators is laid down in the Medicines and Related Substances Act (MRSA). This law requires that any person who intends to produce feed, including mixing and reformulating of feed for commercial purposes, be licensed. Also, the dispensing and manufacturing of medicine, including premix feeds, must only be undertaken in an establishment licensed by the Authority. The costs and procedures of licensing the feed business operators and their establishments are prescribed in the Medicines and Related Substances Regulations, 2019, as read with the Guidelines for Operating a Veterinary Medicinal Products Retailer, 2022 – Document No. BoMRA/IL/IL/P03/G01. These Guidelines requires the feed business operators to implement self-control systems in the sale or distribution of veterinary medicinal product (VMPs). A written prescription is needed to dispense medicated feeds. The law requires all medicated feed to be produced from medicines that are registered by the Authority. Unwanted medicated feeds must be properly disposed of in line with the guidelines issued by the Authority.

The Botswana Medicines Regulatory Authority (BoMRA) is authorized to withdraw licences if the holder breaches any of their conditions, and does not meet the standards and guidelines, in particular, the Guidelines for Operating a Veterinary Medicinal Products Retailer, 2022 –Document No. BoMRA/IL/IL/P03/G01. Where licence holders have failed to comply with the licence's conditions, BoMRA shall notify them and may indicate the actions that they must take, and they have seven days to respond. The facility must remain closed for the duration of suspension of 30 days while action is taken to address non-conformances. Where a licence is withdrawn, the facility shall cease to operate.

To facilitate traceability, the Medicines and Related Substances Act (MRSA) requires importers, exporters, manufacturers, distributers, dispensers or users of veterinary medicinal products (VMPs) to keep records of all transactions or activities relating to the medicines they import, export, manufacture, distribute, dispense or use. Further, the law obliges the holder of market authorization to recall medicated feeds upon being aware of a safety, efficacy or quality problem that could have detrimental effects on public health. Furthermore, individuals are obligated by law to notify the Botswana Medicines Regulatory Authority (BoMRA) of any negative responses experienced by a person after consuming an animal that was fed medicated feed or premix, provided that the medication has been registered. Additionally, any adverse reactions in a person due to handling medicated feeds or any adverse reactions observed in an animal following the administration of registered medicated feed or premix must be reported to BoMRA.

The Guidelines on Product Recall and Withdrawal, 2020 – Document No. BoMRA/PCT/PMS/P01/G01 provides guidelines on recalling medicines and related substances. It indicates that before or upon initiating a recall, the company immediately on becoming aware of the problem must notify the Authority and other stakeholders. The notification must include: a) the reason for initiating the recall – (i.e. the nature of the defect/problem); b) the name, strength, pack size, batch/lot number and any means of identification of the recalled product; c) the total quantity of the product being recalled originally in possession of the company; d) the product distribution date; e) the total quantity of the product being recalled that had been distributed up to the time of the recall; f) the area where the product was distributed and, if exported, the country where it was exported; g) a list of customers to whom the product was issued; h) the quantity of the recalled product still in the possession of the marketing authorization holder; i) suggested action to be taken and its urgency; j) indication of the health risk together with reasons; and k) any adverse events observed/reported for the product being recalled. The costs of withdrawals and recalls of compromised medicines and related substances are borne by the marketing authorization holder.

Storage and distribution of veterinary medicinal products (VMPs) including medicated feeds are regulated by the Medicines and Related Substances Act (MRSA) and accompanying regulations. The Act requires that medicated feeds be kept in storage, distributed and sold in accordance with such conditions as may be prescribed. Also, all feeds must be stored in secure, well-ventilated rooms, with adequate lighting and controlled temperatures. Storage facilities must be protected from pests and harsh weather and meet building codes. Feeds for ruminants must be clearly separated from those for non-ruminants. Storing, distributing and selling medicines contrary to the prescribed conditions constitutes an offence that attracts a fine not exceeding BWP100 000, or imprisonment for a term not exceeding 10 years, or both.

The Diseases of Animals (Stock Feed) Regulations, 2004 provides for the labelling of stock feeds. All products manufactured or constituted for feeding stock that are intended for retailing shall be conspicuously marked, “This product does not contain any poultry excreta, meat and bonemeal, or any other protein of animal origin.” While the law does not per se prescribe packaging requirements, prior authorization is needed to change the packaging.

The Guidelines for Operating a Veterinary Medicinal Products Retailer, 2022 –Document No. BoMRA/IL/IL/P03/G01 require that all medicated feeds be stored in accordance with the manufacture’s recommendations. Also medicated feeds must be stored separately from non-medicated feeds to prevent cross-contamination. Under the MRSA, storing, distributing and selling medicines contrary to the prescribed conditions constitutes an offence that attracts a fine not exceeding BWP100 000, or imprisonment for a term not exceeding 10 years, or both.

To facilitate traceability, the MRSA obliges an importer, exporter, manufacturer, distributer, dispenser or user of VMPs to keep, in the prescribed form, records of all transactions or activities relating to the medicines they import, export, manufacture, distribute, dispense or use. Failure to keep records is an offence that attracts a fine not exceeding BWP100 000, or imprisonment for a term not exceeding two years, or to both.

Importation of premix is regulated by the Medicines and Related Substances Act. In terms of the Act “premix” is a mixture of one or more active pharmaceutical substances, solely intended for mixing into animal feed for production animals and is regarded as medicine. Importation of all premixes requires a permit, currently being issued by the Department of Veterinary Services.  The Medicines and Related Substances Regulations provide the procedure for applying for an import permit.  The Regulations are complemented by the Guidelines for Import/Export of Medicines BOMRA/IL/IE/P02/G01. An application for an import permit has to be accompanied by an authorisation from a market authorisation holder to import medicines to Botswana in line with the guidelines. Import permits may be granted to licensed wholesalers and import permits to unlicensed wholesalers is upon assessment by BOMRA. All purchasing orders are to be vetted and authorised by the Authority. A person authorised to import medicine must pay an importation fee for each consignment which is 0,15% of the value of the consignment. Upon receipt of medicines, a wholesaler must notify the Authority and submit an acknowledgement.

The importation of all consignments of premixes is through the designated ports of entry provided in the guidelines. On arrival at the ports of entry, medicines are inspected by BOMRA inspectors, a Customs or Port Health Officer to ensure that they comply with the approved specifications and regulations before they are released. Other government agencies such as Botswana Police may also conduct inspection activities to ensure compliance with the law.

Port Health Officers, who are authorized by the Public Health Act, are responsible for conducting inspections of products to ensure they meet health standards. The Excise Duty Act permits the Commissioner General of BURS to cause destruction of goods or delay release of goods on the grounds of protecting public health. Similarly, sections 35 and 271 of the Customs Act empowers the inspector to refuse importation and dispose the products. Grounds of refusing importation include non-compliance with labelling rules and for the protection of public health. Any person whose goods are seized is liable for any reasonable costs and expenses incurred by and charges due to the Commissioner General, in respect of the handling of and dealing with such goods. These laws are complemented by the Guidelines for Handling Confiscated Goods BOMRA/IL/IE/P05/G01.

According to the Medicines and Related Substances Act, any medicine imported, manufactured, or dispensed within Botswana must be labelled in accordance with such requirements as the Authority may prescribe. The Medicines and Related Substances Regulations of 2019, require the inclusion of any warnings or precautions that may be necessary or desirable on the labels of all medicines. The Guidelines for Import/Export of Medicines, 2020 - Document No: BOMRA/IL/IE/P02/G01 indicates the labelling requirements that must be adhered to.

The Medicines and Related Substances Act does not define feed business operator. However, actors involved in the production and distribution, including importing, and exporting of feed are to be licensed, as required by the Act. The preparation of premix must only be done at a feed mill authorised to manufacture medicated feed by the Authority acting in consultation with the Department of Veterinary Services. Similarly, no person operates a feed mill except in accordance with a license issued by the Department of Veterinary Services.

Exportation of premix is regulated by the Medicines and Related Substances Act (MRSA), 2013. The Medicines and Related Substances Regulations, 2019 provides for the procedure for applying for an export permit. The Regulations are complemented by the Guidelines for Import/Export of Medicines BoMRA/IL/IE/P02/G01. An application for an export permit must be made to the Medicines Regulatory Authority in the prescribed form. The export permit is valid for six months. The law does not provide that exports must be inspected prior to departure.

The Medicines and Related Substances Act (MRSA), 2013 empowers the Medicines Regulatory Board to appoint inspectors to inspect pharmaceutical operations. Inspectors have the power to inspect, with or without prior arrangement, all premises where medicines or medicated feeds are stored, used, handled, dispensed, manufactured or sold, and any vehicle, transhipment or receptacle in which medicines are transported. The inspectors have the right to take samples of any medicines on the premises, without payment, and to carry out any investigation that the inspector considers necessary. They also have the right to demand any economic or statistical information from the licence holder and may seize medicines found on premises, a vehicle, transhipment or receptacle where the medicines are held in contravention of the provisions of the Act. 

Criminal sanctions for offences related to feed safety and quality regulation are prescribed. Specifically, operating an unauthorized feed mill carries a fine not exceeding BWP200 000, or imprisonment for a term not exceeding three years, or both. Preparing premix at a mill unauthorized to manufacture medicated feed attracts a fine not exceeding BWP500 000 or imprisonment for a term not exceeding three years, or both. To import, export, manufacture, distribute, sell, dispense, prescribe or advertise any medicine or other substance that is unregistered attracts a fine of BWP100 000, or imprisonment for 10 years, or both.

The Botswana Medicines Regulatory Authority (BoMRA), which is established in terms of the MRSA, is mainly responsible for implementing and managing requirements pertaining to the production, distribution, import and export of animal feeds. Specifically, BoMRA must ensure that all medicines and related substances manufactured in, imported into, or exported from, Botswana are registered and conform to established criteria of quality, safety and efficacy. Also, it must inspect or cause to be inspected, premises where medicated feeds are used, handled or stored.

BoMRA has the authority to suspend or revoke licences. If BoMRA determines that a VMP retail operator is not operating according to professional standards, it can suspend the licence temporarily, providing directions for compliance. If the non-compliance continues, the licence may be cancelled. In such cases, the licence holder is required to dispose of their stock within six months, following the approved guidelines set by the BoMRA. For manufacturing licences, if BoMRA finds that the conditions of the licence are not being met, or if the manufacturing of medicines does not comply with the MRSA regulations or good practice standards, it can cancel the licence after notifying the holder in writing. Once the licence is cancelled, the holder must cease all manufacturing activities.

Additionally, BoMRA has the power to revoke an import or export licence if it determines that the medicine is being handled in a manner that violates the terms of the licence. In such cases, a written notice shall be issued to the importer, exporter, distributor or seller explaining the specific violation and providing a 21-day grace period to rectify the situation. If the violation persists beyond the 21-day period, BoMRA may withdraw or suspend the licence until the conditions set by it are met. Once the licence is withdrawn or suspended, the importer, exporter or distributor must immediately cease all activities related to the licence.

It is considered an offence to supply medicines to an importer, exporter, distributor, dispenser, or seller whose licence has been revoked. Those found guilty of this offence may face imprisonment of up to three years. Furthermore, if a licence is withdrawn, an inspector may close the premises where the import, export, distribution or sale of the medicine occurred.

The Cruelty of Animals Act, 1926 and the Livestock Control Bye-laws in all districts prohibits cruel treatment of animals.  Similarly, the Wildlife Conservation and National Parks Act (WCNPA),1992 provides that when importing, exporting or transporting live animals, the necessary steps must be taken to minimize the risk of injury, cruelty or damage to its health during transport or transhipment of the animal to its destination. The law prohibits activities such as cruelly beating, kicking, ill-treating, overdriving, overriding, overloading and torturing any animal. The Department of Veterinary Services (DVS) is generally responsible for domestic animal welfare, while the Department of Wildlife and National Park is responsible for the welfare of wildlife. Its field works include vaccination campaigns, treatments, clinical examinations, animal identification. Non-governmental organizations such as the Botswana Society for the Prevention of Cruelty to Animals is the main animal welfare organization in Botswana, which undertakes a variety of practical welfare activities including kennels/sheltering, rehoming and veterinary care, as well as humane education and responsible animal ownership. The DVS collaborates with non-governmental organizations on issues of animal welfare. Criminal sanctions are imposed on offences related to animal welfare. The sanction is a fine not exceeding BWP50 or imprisonment for a term not exceeding six months, or both.

Animal husbandry in Botswana is regulated by the Cruelty of Animal Act, 1936 which makes provision for the prevention of cruelty to animals. The Cruelty of Animal Act,1936 lists activities that are prohibited, which include ill-treating, overriding and overloading animals, using any animals that are diseased or injured, thereby causing pain suffering, and administrating poisonous or injurious drug or substance to any animal. Animals that are injured or ill must be treated promptly. If the animal is mortally injured or severely ill, the police officer may request its owner to destroy it, and should the owner refuse, an opinion of the veterinary surgeon must be sought to certify that the animal is mortally wounded or severely injured to warrant it being immediately slaughtered. The law grants a police officer the power to enter premises where animals are kept  to examine the conditions in which they are kept.

District Council Bye-laws mandate that all animals must be housed in environments that promote their well-being. The Councils may demolish any stable or similar structure that is deemed unsuitable for animals to live in. In accordance with the Public Health Act, 2014 any facility such as a stable, cowshed or other construction used for housing animals or birds that is offensive or poses a risk or harm to health is classified as a public nuisance. Health officers may specify any work to be executed to remedy and prevent the recurrence of the nuisance.

The Cruelty of Animals Act, 1936 imposes a general prohibition on transporting or conveying animals in such a manner as to cause injury or undue suffering. Also, overdriving, overriding and overloading animals are prohibited. Similarly, using or causing the use of any animal which is so diseased, or injured, or in such a physical condition that it is unfit to do any work, is prohibited. The Wildlife Conservation and National Parks Act (WCNPA), 1992 prohibits the transportation of live wild animals in such a manner that causes injury or damage to the animal. Also, the Wildlife Conservation and National Parks (Hunting and Licensing) Regulations, 2001 require that the equipment used for the transportation of wild animals to be kept in confinement be inspected. This aims to ensure that, among other things, the transportation does not cause undue suffering or injury to the animal. Under the Disease of Animals Act,1977 every owner or person in control of any animal affected or suspected of being affected by any disease is required by law to, as far as is practicable, keep such animal separated from the unaffected animals.

The law does not define the following key terms: ‘stunning’, ‘killing’, ‘slaughter’ and ‘religious/ritual slaughter’. There are references to religious/ritual slaughter without defining it. For instance, the Gaborone City Council (Abattoir) Bye-laws, 1971 states that slaughtering under Jewish or Mohammedan rites must be executed and superintended by members of the Jewish or Mohammedan faith, respectively, but does not define the term ‘religious slaughter’.

The laws governing the stunning and slaughtering of animals are found in different regulations and by-laws, including the Livestock and Meat Industries Regulations, 2007 and Council Bye-laws. These laws aim to prevent unnecessary suffering, pain, and distress during the slaughtering process. For instance, when slaughtering an animal, the head must be securely held or fastened to minimize pain and ensure a swift and humane procedure. Additionally, when conducting religious slaughter, individuals are required to use instruments, appliances and methods that cause as little suffering as possible. These measures are in place to prioritize the welfare of animals during the slaughtering process.

The laws do not specify specific methods for slaughtering animals, except for the Gaborone City Council (Abattoir) Bye-Laws, 15, which recommend shooting as the preferred method. However, this requirement does not apply to the slaughter of animals in accordance with religious traditions (e.g. Islam or Judaism). The laws also place restrictions on how animals should be handled during the slaughtering process. Animals brought in for slaughter should not be kept in the lairage for more than 72 hours. According to the Northeast District (Abattoir) Bye-Laws, 2011 animals brought into abattoirs for slaughter must be treated with care and should not be subjected to any form of cruelty or unnecessary suffering. Veterinary surgeons are designated as the competent authority responsible for examining and seizing meat, as well as certifying fresh meat as safe for human consumption in slaughter facilities.

Inland fisheries use wild fish from various water bodies, such as lakes, rivers, wetlands and reservoirs. Aquaculture, in contrast, involves the farming of aquatic organisms, including fish, molluscs, crustaceans and aquatic plants, with the use of interventions to enhance production, such as regular stocking, feeding and protection from predators. In Botswana, these activities are regulated and supervised by different laws and institutions. 

Inland fishing is governed by the Wildlife Conservation and National Parks Act (WCNPA), 1992, Fish Protection Regulations, 2016 and the Water Act, 1967. To engage in fishing activities for commercial and domestic purposes, a licence must be obtained from the Director of Wildlife and National Parks. Furthermore, a Director's permit under section 39 of the WCNPA, 1992 is required for capturing fish for breeding or farming. Additionally, a water permit is necessary for damming, diverting or using water for any non-domestic purposes. However, selling fish acquired through a commercial fishing licence or recreational licence does not require a selling permit.

The Environmental Assessment Regulations, 2012 provide legal provisions for aquaculture. Undertaking aquaculture requires a permit from the Department of Aquaculture and Apiculture under the Ministry of Agricultural Development and Food Security. However, to capture fish for breeding or fish farming from any water body, a permit from the Director of Wildlife and National Parks is required. Under the Environmental Assessment Regulations, certain fish-farming production systems are required to undergo an environmental impact assessment (EIA). An EIA is required for fish-farming production systems with a capacity of 4 000 m3 or more, those that have a direct discharge into a water body, commercial fish farming ventures with an annual production of 20 tonnes or more, and fish farming production systems that use exotic species.

The restrictions on the use of certain chemicals in aquaculture activities is overseen by the Conservation Committee established in terms of the Agricultural Resources Conservation Act, 1972. The Committee's functions include persuading any owner or occupier of land in its area of jurisdiction to adopt such methods of farming or land use as it may deem necessary for conserving soil fertility and protecting agricultural resources. Aquaculture is one of the agricultural activities, and therefore the use of certain chemicals in aquaculture activities is regulated by this Committee.

The law imposes criminal sanctions for offences related to environmental protection. Failure to undertake an EIA is a criminal offence that attracts a fine not exceeding BWP100 000, or imprisonment not exceeding five years, or both. Also, the offending person must rehabilitate the area affected by the adverse environmental impact of the implemented activity. Further, the Conservation Committee may provide directions or conservation orders to any landowner or occupier to preserve agricultural resources, and any person who refuses or neglects to carry out or comply with any direction commits a criminal offence. The sanction is a fine not exceeding BWP1 000 or imprisonment for a term not exceeding 12 months, or both.

The institutions relevant to animal production are the Department of Veterinary Services (DVS), the Department of Animal Production, Department of Aquaculture and Apiculture, Department of Wildlife and National Parks (DWNP) and Botswana Medicines Regulatory Authority BoMRA. Currently, the DVS (formerly the Department of Animal Health and Production) is the controlling authority for animal production. It has licensing and inspectorate/supervisory powers. The Director of DVS is responsible for licensing premises such as an abattoir, cutting premises, a cold store, a farmed game handling facility or a farmed game meat plant. Further, the DVS Director may designate veterinary surgeons as Official Veterinary Surgeons (OVSs) and in relation to any premises, appoint one or more OVSs or meat inspectors as authorized officers for the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption.

The DVS is also responsible for managing the animal identification and traceability system, and enforcing the BAITS Regulations. The DVS’s Director has the power to inspect any holdings, slaughterhouse or abattoir in order to ensure compliance with laws and regulations. DVS is generally responsible for domestic animal welfare. It also licenses feed mills and collaborates with BoMRA on matters related to veterinary medical products (VMPs), which includes animal feeds. BoMRA is primarily responsible for implementing and managing requirements related to the production, distribution, importation and exportation of VMPs and animal feeds.

The DWNP is responsible for inland fisheries and wildlife welfare, while the Department of Aquaculture and Apiculture is responsible for aquaculture. These Departments have licensing and supervisory powers. The Department of Animal Production (DAP) provides expert advice to livestock farmers on livestock improvement and product development in terms of breeding, nutrition, housing, processing and optimal use of rangelands The Livestock Improvement Act, 2009 provides for the establishment of the Animal Production Advisory Board whose functions include advising the Minister on matters concerning the development and improvement of the livestock industry and the development of farmed game. For the purposes of this Act, the Minister is the competent authority. The Minister is empowered by the Act to appoint an animal scientist from the DAP as Registrar. The Registrar serves as Secretary to the Animal Production Advisory Board and is responsible for maintaining a record of the Board’s discussions, decisions and day-to-day administration. The Minister or Registrar grants approvals to laboratories to carry out blood typing, analytical or diagnostic tests, performance testing or genetic evaluation of breeding animals, and to any person who wishes to be engaged or employed as an animal scientist or is engaged in any of the activities of a semen, ova/embryo collection centre or an artificial insemination centre.

However, the roles of all the aforementioned institutions will be affected by the envisaged new legislation, the Botswana Meat Industry Regulatory Authority Act of 2023, which is not yet in force. This Act will create the Botswana Meat Industry Regulatory Authority, which will assume most of the roles currently held by DAP and DVS. The Board of the Authority, which will be governing body of the Authority, will assume the responsibilities of the Animal Production Advisory Board. The Agricultural Resources Conservation Act, 1972 provides for structures relating to conservation, use and improvement of agricultural resources, including animal husbandry. This Act defines agricultural resources to include "the animal life and fauna of Botswana including animals, birds, reptiles, fish and insects". This Act establishes the Agricultural Resources Board, which exercises supervision over the agricultural resources of Botswana and advises the Minister regarding, among other things, the nature of legislation necessary to secure or promote the proper conservation, use and improvement of agricultural resources. It may also issue conservation orders and stock control orders. While the law does not explicitly state the criteria according to which powers should be exercised, the requirements to indicate the reasons for revoking licences, and reporting and publishing notices promote the principles of accountability and transparency.

The District Councils have a vital role in animal production at the local level. Their primary responsibilities are promoting animal welfare and enforcing by-laws. They are authorized to establish, maintain and operate abattoirs, as well as set reasonable fees, charges and tariffs through Bye-laws. These charges may cover services such as the inspection of carcasses.

The Ombudsman Act establishes the Office of the Ombudsman, responsible for investigating complaints against governmental departments and private entities, whose key role is to provide suitable remedies to address these complaints. Furthermore, the Public Services Act allows for disciplinary hearings to be held for government employees involved in misconduct, with potential penalties including dismissal.

The Department of Animal Production (DAP) and Department of Veterinary Services (DVS) collaborate in the provision and operation of quarantine facilities and veterinary services, and the licensing of abattoirs. Similarly, the Botswana Medicines Regulatory Authority (BoMRA) and DVS engage collaborate in the licensing of feed mills. Additionally, BoMRA works in collaboration with the Botswana Unified Revenue Service (BURS) and the Department of Health Services to facilitate the importation and exportation of veterinary medicinal products (VMPs). At the local level, the District Councils collaborate with DAP and DVS in the implementation of bye-laws. Further collaborations are witnessed.  To prevent any overlapping of responsibilities, the law defines the specific functions of each institution and establishes points of coordination.

The Medicines Regulatory Board, which oversees the operations of the Botswana Medicines Regulatory Authority (BoMRA), has the authority to delegate its powers, functions and duties to a designated committee. Similarly, the Directors of the Department of Veterinary Services (DVS), the Department of Wildlife and National Parks (DWNP) and Department of Animal Production (DAP) can delegate their powers to individuals. The Agricultural Conservation Board can delegate its supervisory functions over agricultural resources including animal husbandry to any person. District councils have the discretion to delegate its functions to various bodies, trusts or organizations in accordance with government policies. They can also amend or revoke any delegation made under this provision, and may impose conditions, including specific directions, on the exercise of any delegated power.

The Animal Production Advisory Board is empowered to appoint committees for general, specified functions, and to delegate to its powers to them. The committees may deal with issues such as those concerning the collection and distribution of semen, ova and embryos and any other techniques for genetic improvement. Further, the Act empowers the Registrar to delegate any of his/her functions to an officer. A decision made, or order given by an officer delegated by the Registrar shall, until it has been withdrawn or amended, be considered to have been made or given by the Registrar.