Zambia- Statutory law - Animal production
Animal Production
Zambia
SUMMARY
Animal identification is mandatory and must be done by the owner or registered operators with a registered identification mark. Moving any animal, animal product, or animal by-product, without a permit, is prohibited. The Minister has the authority to issue regulations governing the transportation of animals. Transporters are required to record animal movements. Offenses related to animal identification and traceability are subject to civil and criminal penalties.
All establishments involved in animal production or gathering, such as marketplaces, must be registered. Inspectors are appointed to enforce animal identification and traceability. Various legislative instruments define the functions of these inspectors. The Department responsible for livestock development regulates the importation, manufacturing, and use of animal feed. Officers can inspect and control the use of feed, and veterinary officers can detain, treat, dispose of, or destroy animal feed for health reasons. Importing, manufacturing, or selling non-compliant animal feed without a permit is prohibited.
Laws regulate the manufacture, processing, importation, and sale of farm feed, including its standards and purity. A certificate is issued upon the registration of a plant. Selling animal feed without providing a statement of analysis to the purchaser is prohibited. Sellers implicitly warrant that the article sold as farm feed is suitable for its intended use.
The Minister can approve laboratories for testing farm feed derived from animal carcasses. Regulations govern the labeling and packaging of feed. The use of medicated feed/tools for non-therapeutic purposes is restricted. All actors involved in the production and distribution of feed products must be registered as feed business operators. Premises used for manufacturing feed and their owners must be registered. Importing, manufacturing, or selling animal feed without a permit and compliance with prescribed standards is prohibited. Operating an agro-veterinary shop requires a permit, and registration of shop details is necessary. A list of authorized veterinary products for agro-veterinary shops is established. Importing genetically modified organisms for use as feed or processing requires authorization. Manufacturing, distributing, or dealing in medicines or feed additives necessitates a pharmaceutical license and marketing authorization.
Transportation of animal feed is subject to inspection, and regulations can restrict and regulate the transportation of animal products, by-products, and articles. Labeling, packaging, and inspection requirements ensure compliance. Importing animal feed or class of feed into Zambia is subject to restrictions and conditions set by the Minister. Imported feed products must be available for inspection, and the law allows for destruction in case import is denied. Exporting animal products for animal feeding, medicines, and feed additives requires a permit. Exported feed products must undergo inspection to ensure compliance.
The law prohibits animal torture and inhumane treatment, with the Director of Veterinary Service regulating animal welfare. Animals must be kept in a manner that meets their physiological needs and provides protection from adverse conditions and health risks. Authorization from the competent authority is required for animal transporters, and minimum standards apply to vehicles used for animal transportation, including design, hygiene, disinfection, and temperature monitoring.
Suspected infected animals must be isolated and movement prevented. Slaughtering animals must minimize pain and suffering. A license is required for aquaculture activities, and the establishment of facilities must be approved. Inland aquaculture activities need a water use permit. Environmental impact assessments are compulsory for aquaculture activities. The use of specific chemicals in aquaculture is restricted.
The Department of Livestock Development (DLD) under the Ministry of Fisheries and Livestock is responsible for providing technical guidance and implementing functions to achieve sustainable development in the livestock sector. DLD focuses on upgrading and maintaining a healthy animal population, providing technical support and quality assurance for animal products and feed, in collaboration with provincial, district staff, and other stakeholders.
ANIMAL IDENTIFICATION AND TRACEABILITY
GENERAL REQUIREMENTS
The law empowers the Director responsible for veterinary services to establish and use an animal and animal product identification system for the purpose of disease control, and animal and animal product traceability, but the system and its operational mechanisms are not outlined in the law. The Animal Identification Act, which provides for the registration of identification marks and marking operators, defines animal identification as a method of identifying an animal using methods approved by the Registrar; a certificate of registration certifies the registration of an identification mark. Marking can be performed by the owner of the animal or by registered marking operators. The registrar shall keep and maintain in its custody the register of all identification marks and marking operators, which shall be open for inspection by members of the public during normal office hours. Copies of the register shall be published in a daily newspaper. There is no clear definition of the term ‘keeper’. In practice, the identification seems to only cover certain animals, for example, cows and goats. For wild animals, a permit to keep animals in captivity and a certificate of ownership are required, one certificate for all the animals ranched. Owners have to make annual returns so as to have the permit and certificate renewed annually. Game Ranch Return (GRR) Forms are submitted to the DNPW, providing data on the farm size and location, the numbers of animals, the additions and subtractions. However, the criteria to obtain a licence and registration of a private wildlife estate are based on the DNPW’s decision but not defined in a specific law or regulation. Different licences from different institutions are required because the single licensing is not still full implemented.
The term ‘movement’ is used several times and in different contexts, but there is no an exhaustive definition. A transporter of animals shall maintain a record of the animals conveyed in the prescribed manner and form, and at the request of an officer, and provide the officer any record kept. Although the law provides for a register to facilitate animal identification, there is no reference to a database. The law provides for confidentiality of information, preventing all persons from publishing or disclosing documents and communications to any other person.
REGISTRATION OF ESTABLISHMENTS
The Animal Health Act does not provide a mandatory requirement for the registration of all establishments where animals are either produced or gathered. Rather, the law gives the Minister discretionary powers to issue regulations for the registration of such establishment as the Minister may consider. The requirement to register all such establishments only becomes mandatory when the Minister prescribes the rules through a statutory instrument.
ANIMAL IDENTIFICATION AND REGISTRATION
Animal identification is compulsory and must be performed by the owner of the animal or by registered marking operators, marking the animal with a registered identification mark. These provisions apply to animals declared by the Minister by Notice in the Gazette. The law provides the Minister with discretionary powers to prescribe the methods of identification that must be used for each species that is subject to identification requirements. The Director must also rely on the same identification and traceability system for disease control. Therefore, the method of identification must be clear in a statutory instrument promulgated by the Minister and be implemented by the Director. Animals cannot be sold or disposed of before the marking, and details of the transfer shall be furnished to the Registrar. An identification mark is valid for a period of five years from the date of its allocation. 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 renewal of the identification mark. An owner of an animal with a registered identification mark may apply to the Registrar for the transfer of the identification mark to another person in the prescribed manner and form upon payment of the prescribed fee. The law prescribes the identification of animals in order to isolate them in an infected area, but it does not indicate a specific moment in the animal life when it must be identified. An owner of an identification mark may surrender the identification mark, and the Registrar may, upon receipt of a notice thereof, cancel the certificate of registration of the identification mark. The Registrar shall cancel the certificate of registration of an identification mark if the holder of the certificate of registration obtained the certificate through fraud, misrepresentation, or concealment of a material fact; the validity of the certificate of registration expires; or the holder of the certificate of registration commits an offence under this Act or any other law.
RECORD OF ANIMAL MOVEMENTS
A person shall not move any animal, animal product, animal by-product, or article without a permit. Movement of game from one private estate to another needs not only the Veterinary Department Permit, but also to be authorized by the DNPW. A transporter of animals shall be in possession of a movement permit authorizing their conveyance, maintain a record of the animals conveyed in the prescribed manner and form. and, at the request of an officer, make available to the officer any records kept. The Minister may, by statutory instrument, issue regulations for regulating and controlling the mode and manner in which animals shall be transported. Import and export permits of wild animal are issued by the DNPW but the veterinary department is also involved.
ANIMAL INSPECTION
The law empowers the competent authority to appoint inspectors to support enforcement of animal identification and traceability in the country. The law defines, in different legislative instruments, a wide range of inspector functions. A veterinary officer, livestock officer, veterinary assistant or animal scientist employed by the Government can inspect land, premises, animals, products and conveyance, but only veterinary officers can take action or order the activities necessary to control or prevent the spread of a disease or ensure animal welfare. The Director of Veterinary Services may appoint a registered veterinary surgeon as a veterinary inspector, and on such appointment shall specify the duties of the veterinary inspector, the area and period of operation. Under the Animal Identification Act, the Public Service Commission appoints the Registrar of Animal Identification, who has the power to ensure the implementation of the Act, including animal identification and traceability requirements, and the authority of a warrant to conduct an investigation to determine whether the provisions of this Act are being or have been complied with. Civil and criminal sanctions are imposed in cases of offences in relation to animal identification and traceability.
FEED SAFETY AND QUALITY
GENERAL REQUIREMENTS
The Department within the Ministry responsible for livestock development shall regulate the importation, manufacturing and use of animal feed; any officer can inspect and control the use of feed, and veterinary officers can detain, treat, dispose of or destroy animal feed for animal health reasons. A person shall not import, manufacture or sell any animal feed that is not compliant with the required standards and without a permit from Director of the Department. The use of bones and substances derived from an animal carcass in manufacturing or processing of any animal feed is prohibited except for certified or sterilized products. A person shall not operate a rendering plant without a permit from the Director.
The Minister may, by statutory instrument, issue regulations for: the prohibition or restriction of the disposal, acquisition or use of any animal feed; the restriction, limitation or prohibition of the importation of any animal feed or class of animal feed into Zambia; and the conditions under which the animal feed may be imported. The Minister may, for the purposes of disease control and veterinary public health, approve a laboratory for the testing of animal feed.
A genetically modified product shall be withdrawn where it has adverse effects on human and animal health, biological diversity, non-genetically modified crops or on the environment. The manufacture, processing, importation and sale of farm feed, and the minimum standards of its effectiveness and purity are regulated by Law. Upon the registration of any plant, the Registering Officer shall issue a certificate of registration of plant and owner in the prescribed form. It is prohibited to produce, manufacture, compound or process any farm feed, or sterilize bones and carcass in non-registered plants. There is a list of prohibited deleterious ingredients, and one list of ingredients that must be declared in writing to the purchaser. It is prohibited to sale animal feed without furnishing to the purchaser the prescribed statement of analysis. On the sale of any article for use as farm feed for livestock, or for any particular class of livestock, there shall be implied a warranty by the seller that the article is suitable to be used as such.
Subject to the standards and other requirements prescribed, the Minister may deem any laboratory an approved laboratory for the testing of farm feed or the testing of bone or other substance derived from animal carcass. The law contains provisions on the labelling of feed and the information that should be displayed in the package, when sold in bulk or in package. The law provides for the inclusion of a warning in the labelling and of statements, which have the effect of a warranty. Restrictions on the use medicated feed/tools for non-therapeutic purposes (i.e. use of pharmaceutical products for hunting/fishing) are imposed.
OPERATOR'S REGISTRATION AND LICENSING
The law requires all actors involved in the production and distribution (including import and export) of feed products (i.e. feed, feed ingredients, or feed additives) to be registered as a feed business operator. Premises used for manufacturing, compounding or producing farm feed, including sterilizing plants, and their owners must be registered in the plant register. Upon the inspection and the registration of the plant, the Registering Officer shall issue a certificate of registration of the plant and owner. A person shall not import, manufacture or sell any animal feed without a permit, and the animal feed must conform to the standards and specifications prescribed by the law. It is an offence to manufacture, distribute, sell, or deal in any medicines or allied substances, including feed additives, without a pharmaceutical licence. A person shall not operate an agro-veterinary shop without a permit, and the respective names and other details shall be entered in a register. A list of veterinary products that can be sold in an agro-veterinary shop is established; however, there is no medicated feed, only feed additives and supplements.
Importation of genetically modified organisms (GMOs) for direct use as feed or for processing must be duly authorized. Regarding medicated feed, a pharmaceutical licence is required to manufacture, distribute or deal in any medicine or allied substance, including feed additives. A person shall not place on the market, advertise, market, manufacture, sell, import, supply, administer or deal in any manner with any medicine or allied substance without a marketing authorization issued by the Authority. The law prohibits the sale of medicated feed that is required to be sold by prescription unless the prospective consumer can produce a veterinary prescription. The law does not require feed producers to implement self-control within their feed production process.
TRACEABILITY, WITHDRAWAL AND RECALL
The law facilitates traceability by obligating feed business operators to maintain records of persons from whom they acquire feed additives and veterinary drugs, and persons to whom they distribute such products. The law prescribes when an operator shall report to the Authority verbally and when he/she shall notify in writing in case of a suspicious alteration or accidental release of a GMO used for a feed product. Under the Agriculture (Fertilizer and Feed) Cap 226, if any sample of any farming requisite is, upon testing, found and certified to be substandard, the Minister may, if the said farming requisite has been seized, direct its return either to its owner or to the persons from whose custody and control it was taken, or, with the consent of the owner, order it to be destroyed without compensation.
When it is not in the public interest that any medicine or allied substance should be made available to the public, the person who possesses it is directed to return the medicine or allied substance to the manufacturer or to the importer, or deliver or send it to the Authority or such other person as the Authority may designate. There is no clear provision on who bears the cost of withdrawal; however, for GMOs, the fact that it is endorsed on permit lends credence to the assumption that the permit holder bears the cost.
STORAGE AND DISTRIBUTION
To ensure sanitary compliance, any conveyance transporting animal feed can be inspected and the Minister may, by regulation provide for the prohibition, restriction and regulation of the transportation of animal products, animal by-products and articles. The Agriculture (Farm Feed) Regulations No. 197 provides for the detailed requirements for labelling and packaging. All packing materials, shipping containers and all other materials accompanying GMOs shall be treated or disposed of in such a manner as to prevent any risks to human or animal health, biological diversity, non-genetically modified crop, or to the environment. An inspector can enter any building, place or vehicle where he/she has reasonable cause to believe that any farm feed is kept, sold or exposed for sale, or is being transported or stored for purposes of sale in contravention of these Regulations. Labelling and packaging requirements ensure that the feed has undergone the prescribed analysis.
FEED IMPORT
The law requires a prospective importer to obtain an import permit for feed importation. The Animal Health Act does not prescribe its actual costs, but it does provide for the Minister's discretion to promulgate, through a statutory instrument, a procedure for applying for a permit, and the form, manner and payable fees for the permit. The Minister may issue regulations for the restriction, limitation or prohibition of the importation of any animal feed or class of animal feed into Zambia and the conditions under which it may be imported. The imported feed products must be available for inspection. Under the direction of the Minister, the Department of Agriculture has the power and authority to seize, detain, remove from Zambia, destroy without compensation, forfeit or bring proceedings against, any farming requisite brought to any part of Zambia in contravention of any part of the Agriculture (Fertilizer and Feed) Act. In case the Minister orders the destruction of feed products that are denied import, the law prescribes that the interested person be informed and that the product be destroyed without compensation.
FEED EXPORT
A perspective exporter shall obtain a permit to export animal products for use in animal feeding, any medicine or allied substance (feed additives), and fish products. Inspection of feed products to be exported is required to determine whether the consignment is sanitary-compliant. Specific requirements for animal feed import do not apply to export except for the bones and other substances derived from animal carcasses to be sold. An applicant for a permit to export any allied substances shall pay the applicable pre-clearance fee prescribed for quality assurance of the allied substance. Criminal sanctions for violation of the law are in place.
INSPECTION
There shall be inspectors of farming requisites. The Minister may, from time to time, and as often as he/she deems necessary, authorize any public officer to exercise the powers of an inspector of farming requisites, An officer may: (i) at any reasonable time, enter and inspect any land, building or premises where animals, animal products, animal by-products, articles or animal feed may be found or processed for the purposes of inspection and data collection; (ii) open and examine any container, conveyance, package or wrapping suspected to contain an animal, animal product, animal by-product, article or animal feed to ensure sanitary compliance; (iii) inspect any animals, animal products, animal by-products, articles or animal feed destined for import into or export from Zambia to determine whether the consignment is sanitary-compliant; (iv) inspect and examine any conveyance that the officer has reasonable grounds to believe is transporting an animal, animal product, animal by-product, article or animal feed to ensure sanitary compliance; and (v) search any person whom the officer has reasonable grounds to believe is carrying an animal, animal product, animal by-product, article or animal feed, or carrying out activities contrary to the law.
ANIMAL WELFARE
GENERAL REQUIREMENTS
The law prohibits the torture of animals or their inhumane treatment. The Minister is empowered to provide for legislative measures concerning animal welfare, and identifies the Director of Veterinary Services as the competent authority to regulate the exercise of powers related to animal welfare. Animals must be kept in a manner that allows them to satisfy their necessary physiological needs (e.g. adequate food and water). Criminal sanctions are in place for violating the law.
ANIMAL HUSBANDRY
The appropriate treatment of animals is required to ensure their wellbeing and avoid cruelty. The law requires animals to be kept in facilities that area conducive to their health and wellbeing. Animals not kept in an artificial environment must be provided with appropriate protection from adverse weather conditions, predators, and other reasonably foreseeable health risks. Adequate safety precautions are required in premises where wild animals are ranched: the proposed pens and enclosures, the rate at which stock may be increased, food supply, hygiene, and facilities for shade must be adequate for the health and well-being of wild animals, and an adequate water supply is available all year round.
TRANSPORTATION OF ANIMALS
The law defines specific limitations concerning the transport of animals and the presence of animals on the roads in order to preserve the security of the roads and the health of animals, and avoid cruelty to them. The law requires authorization of transporters of animals by the competent authority. Minimum standards for vehicles used to transport animals (e.g. design, hygiene and disinfection requirements, and temperature monitoring apparatus, ventilation) are required. The law prescribes isolating and preventing the movement of an animal suspected of being infected, but it does not mention the case of an animal that has fallen ill during transport or how to treat it.
STUNNING AND SLAUGHTER OF ANIMALS
The law provides the definition of ‘slaughter’ and ‘slaughterhouse’. There is no definition of ‘killing’, but the law contains a reference to the commonly accepted practice of killing related to animals. The law prescribes the way to slaughter animals in order to cause them as little pain and suffering as possible, but it does not mention any reference to stunning. Animals shall be slaughtered as quickly as possible and within a defined time. The law prescribes the methods to be followed in slaughtering animals and gives details concerning the instructions and behaviour allowed in the slaughterhouse. Instructions are provided to persons who handle animals in slaughter facilities.
AQUACULTURE
AUTHORIZATIONS
The law requires a person to acquire a licence in order to undertake aquaculture activities, and areas for the establishment of aquaculture facilities must be approved. A person performing inland aquaculture activities needs to obtain a water use permit. The right to use water for domestic and non-commercial purposes shall not be under any permit or attract any charge for its use. A person who intends to apply for a permit to use water for any purpose other than for domestic and non-commercial purposes, in a customary area, and whose use is likely to substantially affect the supply of water for domestic and non-commercial purposes for the occupants of that customary area, shall, prior to making an application to the Director-General, obtain approval of the traditional authority in that area and put in place alternative means for securing water for domestic purpose.
MITIGATING ENVIRONMENTAL IMPACTS
Anyone performing inland aquaculture activities needs to obtain a water use permit. An environmental impact assessment is compulsory before undertaking aquaculture activities. The law imposes restrictions on the use of certain chemicals in aquaculture activities and on ranching or farming of alien aquaculture species. Criminal sanctions are imposed for breaking the law.
INSTITUTIONAL FRAMEWORK RELEVANT TO ANIMAL PRODUCTION
INSTITUTIONAL SET-UP
The Department of Livestock Development (DLD) of the Ministry of Fisheries and Livestock is mandated to provide technical guidance and to carry out statutory functions to achieve sustainable development in the livestock sector. Accordingly, upgrading, multiplying and maintaining a healthy animal population in the country, and providing technical support, inputs and quality assurance of animal products and feed are the main functions implemented by different units of DLD, in collaboration with provincial and district staff and other main stakeholders.
INSTITUTIONAL COOPERATION AND COORDINATION
The Zambia Revenue Authority established under the Zambia Revenue Authority Act is the lead agency at ports of entry and is responsible for coordinating border operations.
The Biosafety Scientific Advisory Committee coordinates with the Department of Veterinary Services, the Department of Agriculture and the Ministry of Health in preventing members of the public from adverse effects of genetically modified organisms. Any institution that is involved in the import, development, research, transit, export, handling, contained use, release or placing on the market of any genetically modified organism shall establish an institutional biosafety committee to institute and control safety mechanisms and approval procedures at the institutional level.
DELEGATION OF POWERS
The law confers the responsibility for food safety on the Food Safety Coordinating Committee to coordinate activities and responses relating to food safety among enforcement agencies.
Where a licence, certificate or permit is obtained under any other written law in accordance with the procedures specified under the Business Regulatory Act, 2014, and requires regulatory health clearance, an authorized officer or shall be responsible for the issuance of health inspection reports, certificates of compliance and notifications of refusal for businesses that require regulatory health clearance.
The Local Government Act provides for delegation of powers to non-governmental organizations operating at grass root level in the ward. The legal framework establishes in each ward a Ward Development Committee consisting of part-time members appointed by the Town Clerk or Council Secretary, representing various stakeholders. Its functions are to: prepare annual ward development plans; collect revenue, levies and fees on behalf of a local authority; monitor and evaluate ward development projects; promote community engagement in ward development planning.
The legal framework allows for a Minister, by statutory instrument, to delegate power by appointing a committee for a fisheries management area. It comprises representatives of various stakeholders, such as a riparian community, a local authority, and economic operators., and its functions are to promote and develop an integrated approach to the management and sustainable utilization of natural and fisheries resources in a fisheries management area under its jurisdiction.