ZMB- SE - ANIMAL INSPECTION
ANIMAL PRODUCTION
Zambia / Animal production
ANIMAL IDENTIFICATION AND TRACEABILITY
ANIMAL INSPECTION
questions
4 answers
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text/abstract
6(4); Where- […] (b) any animal, animal product, animal by-product, article or animal feed or conveyance has been introduced into any place in Zambia without a permit required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit- [...] a veterinary officer may make such orders as the veterinary officer considers necessary for all or any of the following purposes [...]
9(1); The Director may, for the purpose of this Act, appoint a registered veterinary surgeon as a veterinary inspector.
51; The Minister may, by statutory instrument, make regulations- (c) where any travel or movement is authorized in terms of this Act, provide for the inspection, by officers, of the persons, domestic animals and conveyances for the purpose of detecting tsetse flies [...]
2; Interpretations- "inspector" means an inspector appointed in terms of subsection (1) of section 18 and includes a person exercizing and performing any of the powers or duties of an inspector conferred or imposed upon him in terms of subsection (2) of that section.
18(1); Subjec to the provisions of any written law governing the public service, the Minister may, for the purpose of this Act, appoint any persons as government graders or inspectors or as government graders and inspectors.(2) With consent of the President, the Minister may confer all or any of the powers and impose all or any of the duties of a government grader of inspector under this Act upon any person or class of persons in the Public Service or in the Zambia Police Force.
2; Interpretations- "appropriate enforcement authority" means the Ministry responsible for Health, the Ministry responsible for Animal Health, the Ministry responsible for Agriculture, the Ministry responsible for Higher Education, the Ministry responsible for trade, industry and consumer protection or a local authority and any other Ministry of institution that the Minister may specify by statutory instrument; 'health inspector" has the meaning assigned to the word in the Public Health Act; "joint inspection team" means a composite team from the relevant regulatory agencies mandated under this Act or any other law to undertake health inspections; "Medical Officer of Health" has the same meaning assigned to the words in the Public Health Act
22; An appropriate enforcement authority may- [...] (b) require a manufacture, an importer, exporter, distributor or seller of an article to submit that information, records or articles that may be necessary to enable the enforcement authority to monitor compliance with this Act.
4; The Public Service Commission shall appoint, as public officers, a Registrar of Animal Identification, Deputy Registrar of Animal Identification and other such other staff within the Ministry for livestock development, as shall be necessary for the proper administration of this Act.
5(1); The Registrar may, on the authority of a warrant issued under subsection (2), conduct an investigation to determine whether the provisions of this Act are being or have been complied with, and may, for that purpose during normal office hours and without giving prior notice- (a) enter upon any place, premises or conveyance in, or upon, which the Registrar has reasonable grounds to believe is placed or is being kept any animal, carcass or hide of any animal, marking instrument, certificate or document, or register of marking operations in respect of which this Act applies.
6 answers
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text/abstract
5(1); A veterinary officer may- (a) apply or order the application of measures which are necessary or prescribed for the control or prevention of the spread of a disease;
(b) destroy or order the destruction at any time of any animal, animal product, animal by-product, article or animal feed which is diseased, moved or used contrary to the provisions of this Act;
(c) order the adoption of measures prescribed to ensure the welfare of animals; and
(d) seize or order the seizure of a conveyance carrying an animal, animal product, animal by-product, article or animal feed in contravention of this Act or any other law.(2) A veterinary officer may, in the course of an inspection carried out under this section—
(a) seize, re-call, destroy, detain, treat or otherwise dispose of any animal, animal product, animal by-product, article or animal feed, or order that any such action be taken, at the expense of the owner;
(b) obtain any sample of any animal, animal product, animal by-product, article or animal feed as the veterinary officer considers necessary; (c) order any person to produce for inspection, or for purposes of obtaining extracts or copies, any book, document or other information concerning any matter relevant to the administration of this Act;
(d) suspend one or more activities or temporarily, partially or completely close an inspected premises; and
(e) suspend or withdraw any permit issued under this Act, relating to any premises.
(3) Where a veterinary officer detains, treats, disposes of or destroys an animal, animal product, animal by-product, article or animal feed under sub section (2), the veterinary officer shall within fourteen days of the detention, treatment, disposal, or destruction, of the animal, animal product, animal by-product, article or animal feed, notify in writing, the owner of the animal, animal product, animal by-product or article of the steps taken and the reasons therefor.
(4) Where— (a) at any place within Zambia, any animal, animal product, animal by-product, article or conveyance is infected or is suspected of being infected with any disease;
(b) any animal, animal product, animal by-product, article, animal feed or conveyance has been introduced into any place in Zambia without the permit required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit; or (c) any animal is found straying into Zambia from outside Zambia or straying within, into, or out of any specified area in Zambia.
6(2); A veterinary officer, may, in the course of an inspection: seize, re-call, destroy, detain, treat or otherwise dispose of any animal, animal product, animal by-product, article or animal feed, or order that any such action be taken, at the expense of the owner; obtain any sample of any animal, animal product, animal by-product, article or animal feed as the veterinary officer considers necessary order any person to produce for inspection, or for purposes of obtaining extracts or copies, any book, document or other information concerning any matter relevant to the administration of this Act
18(2); A veterinary inspector or officer shall, for the purpose of isolating animals in an infected area, require the owner of the infected animals within the infected area to isolate the infected animals from other animals; regulate the movement of animals within the infected area; cause any animal in the infected area to be marked for the purposes of identification. According to section 5 (1), an officer may: at any reasonable time, enter upon 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; 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; 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; inspect and examine any conveyance which the officer has reasonable grounds to believe is transporting an animal, animal product, animal by-product, article or animal feed to ensure sanitary compliance.
19(1); Provides powers of entry into premises for the purposes of inspecting, examining or collecting samples from any animal, animal product, animal by- product, article, carcass, animal feed or conveyance.
38; An officer may, at any reasonable time, enter any land or premises where livestock are kept for slaughter or offered for sale, and may inspect any livestock or carcass found on the land or premises.
32; Any duly authorised officer, when inspecting carcasses, either whole or in halves or quarters or otherwise, may cut into any portion of a carcass during the course of his inspection, and no liability shall be incurred by reason of anything which he does for the purposes of inspection or examination.
28; The Meat Inspector having examined in accordance with these Regulations the carcass, organ or viscera of any animal intended for sale for the food of man shall brand, stamp or otherwise mark in a manner approved by the local authority all meat passed by him as free from disease, sound, wholesome and fit for the food of man.
108(1); The power of entry and inspection of premises by any Medical Officer of Health or Sanitary Inspector, or Port Health Officer, or any police officer of or above the rank of Sub-Inspector, or any other person generally or specially authorised in writing by the Director of Medical Services, Medical Officer of Health, or Local Authority
2; Interpretations- "AUTHORIZED OFFICER" means Medical Officer of Health, environmental health officer, health inspector, plant health inspector, veterinary officer, veterinary inspector as assigned in the Animal Health Act, 2010, and any other suitably qualified officer as appointed by the Minister, by statutory instrument, for the purpose of this Act, and includes- (a) a police officer and an officer of the Department of Customs and Excise authorized in that behalf by the Commissioner General responsible for Customs and Excise, and ; (b) principal officer as defined in the Local Government Act, 2019; "authorized person" means a person authorized to carry out the duties of a law enforcement authority for the purposes of this Act.
43(1); An authorized officer may- (a) at any reasonable time, enter on and inspect any land, premises or conveyance where an article is manufactured, prepared, preserved, packaged, or stored for sale or sold, examine the article and take samples of the article for the purpose of investigation [...]
4; The Public Service Commission shall appoint, as public officers, a Registrar of Animal Identification, Deputy Registrar of Animal Identification and other such other staff within the Ministry for livestock development, as shall be necessary for the proper administration of this Act.
5(1); The Registrar may, on the authority of a warrant issued under subsection (2), conduct an investigation to determine whether the provisions of this Act are being or have been complied with, and may, for that purpose during normal office hours and without giving prior notice- (a) enter upon any place, premises or conveyance in, or upon, which the Registrar has reasonable grounds to believe is placed or is being kept any animal, carcass or hide of any animal, marking instrument, certificate or document, or register of marking operations in respect of which this Act applies.
5 answers
document title
text/abstract
6(5); A person who contravenes an order made pursuant to this section commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.
18(3); A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. Section 19 (2) prescribes that a person who prevents an officer from entering on any land, farm or ranch or into any sty or outbuilding or any kraal, enclosure or conveyance or who impedes or obstructs an officer in doing anything which the officer is empowered to do under subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
34; Any person guilty of an offense against or contravention of, or default in complying with, any provisions of these regulations shall be liable, upon conviction, to a fine not exceeding seven hundred and fifty thousand penalty units, and if the offense is of a continuing nature, to a further fine not exceeding a ninety penalty units for each day during which the offense, contravention or default continues.
54(1); An inspector may, by authorization made under the hand of the Registrar, at all reasonable times, enter and inspect premises which are being used, or which the inspector has reasonable cause to believe are being used as animal health facilities.
(4); A person who: delays or obstructs an inspector in the performance of the inspector's functions; refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of exercising the inspector's powers; gives an inspector false or misleading information in answer to an inquiry made by the inspector; commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
45; An officer may arrest, without warrant, where the authorized officer has reasonable grounds to believe that the person- (a) committed an offense under this Act. (2) An authorized officer who makes an arrest under subsection (1) shall, without undue delay, have the person arrested brought to a police station.
58; A court that convicts a person of an offense under this Act may, in addition to any other penalty imposed- (a) order the person to take and pay for measures to avoid, remedy or mitigate any health hazards arising from, or likely to arise from, the offense.
59. A law enforcement officer or an authorized person may, where that officer or authorized person reasonably believes that an offense has been committed, any article collected or removed contrary to the provisions of this Act, and any tool, instrument, plant, machinery, equipment, vehicles and other property suspected of having being used in the commission of an offense may seize and detain an article until an order of the court is made regarding the forfeiture and disposal of the article.
62; A person who commits an offense under this Act for which a specific penalty is not provided for, on conviction, liable to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding three years, or to both.
5(2); A warrant referred to in subsection (1) shall be issued by a Magistrate who has jurisdiction in the area in which the place or facility in question is situated, if it appears from information on oath that there are reasonable grounds to believe that any material, substance, appliance, book, statement or document that may relate to a contravention of this Act is upon such place or facility. (3) Where no criminal proceedings are instituted in connection with any item seized under subsection (1), or if it appears that such item is not required at any trial for the purpose of evidence or an order of court, the Registrar shall return the item as soon as possible to the person from whom it was seized. (4) After conclusion of criminal proceedings, an item seized in connection with subsection (1) and which served as exhibit in proceedings where a person was convicted, shall be handed over the Registrar to be destroyed or otherwise dealt with as instructed by the Registrar. (6) A person who- (a) delays or obstructs the Registrar [...] (b) refuses to give the Registrar such reasonable assistance [...] (c) gives the Registrar false or misleading information [...], commits an offense and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years or to both.