Guyana- Statutory law - Animal health
Animal Health
Guyana
SUMMARY
The Veterinarians Act establishes a Veterinary Board and regulates the practice of veterinarians and animal health assistants.
The Animal Health Act appoints the Guyana Livestock Development Authority (GLDA) as the national authority on animal health matters. The Authority may designate authorized officers to implement the Act. Customs, port, airport, airline, postal, shipping, police, and local authorities shall assist authorized officers. The Animal Health Act provides regulations to prevent the introduction and spread of animal diseases, ensure a safe movement of animals, and control the imports and exports of animals, animal products and commodities. The Act provides regulations on veterinary inspections, quarantine requirements, import and export permits, international health certificates, notification of prescribed diseases, declaration of infected zones, free zones, buffer zones or surveillance zones, among others. However, it does not establish under which circumstances a declaration of infected zone may be revoked, leaving room for arbitrary decisions. Regarding contingency plans, the Act only establishes the duty of the GLDA to develop them, but provides no details on their drafting and implementation.
The Animal Health Act contains provisions on the import and export of live animals, but some provisions are only prescribed for aquatic animals, such as the obligation for importers and exporters of aquatic animals to be registered.
The Pharmacy Practitioners Act provides some regulations related to the distribution and sale of veterinary medicinal products. The Food and Drugs Act and the Food and Drugs Regulations establish measures on the manufacture, distribution and sale, as well as import and export of drugs, which are also applicable to veterinary medicinal products.
The Acts and Regulations mentioned above include offences related to animal health and prescribe sanctions that include fines and imprisonment.
REGULATION OF THE VETERINARY PROFESSION
GENERAL PROVISIONS
The Veterinarians Act provides a definition for the term ‘veterinarian’ as a duly registered practitioner of veterinary medicine. It also defines the term ‘veterinary medicine’ as including obstetrics, dentistry and all veterinary science fields. The Act creates a Veterinary Board to exercise powers and duties with respect to the Act, such as the registrations of authorized veterinarians and animal health assistants. Veterinary officers are also defined by the Slaughter of Cattle (Control) Act as the principal veterinary officer, including any veterinary officer, livestock officer or livestock assistant, authorized in writing by the principal veterinary officer.
VETERINARIANS
The Veterinarians Act requires veterinarians to be registered, and establishes sanctions when a person not registered practices veterinary medicine. The Veterinarian Act lists the functions that cannot be performed by non-registered veterinarians. There are a few exceptional circumstances where actions such as rendering first aid or assistance in emergency situations and taking blood samples can be performed by non-registered veterinarians. The Veterinarians Act also specifies the activities that can be carried out by animal health assistants and by persons not registered as veterinarians.
The Veterinarians Act prescribes the minimum qualifications and competencies to practise veterinary medicine and authorizes the Veterinary Board to examine the qualifications of applicants. It also entitles the Board to remove veterinarians from the register if: (i) the person is found guilty of professional misconduct; (ii) the High Court has ordered the removal; (iii) the qualifications or registrations have been withdrawn or cancelled by the university, college or institute; or (iv) the person requests the removal.
VETERINARY PARA-PROFESSIONALS
The Veterinarians Act does not recognize paraprofessionals, but it includes provisions for animal health assistants who can perform specific activities related to animal health. The Act prescribes that they be registered and prescribes the minimum qualifications and requirements to this end. As a requirement set by the Act, animal health assistants shall perform their functions under the supervision of a registered veterinarian.
The Act makes it an offence for a person who is not qualified to practise veterinary medicine to mislead persons into believing that he/she is authorized; this also applies to animal health assistants. These offences shall be sanctioned by fines and imprisonment.
SURVEILLANCE AND MONITORING
NOTIFIABLE DISEASES
The Animal Health Act establishes that the Guyana Livestock Development Authority (GLDA) shall develop a list of prescribed diseases and communicate it to the Minister for publication. It also prescribes that animal owners who suspect cases of these diseases must notify the nearest office of the Authority or the nearest police station within 24 hours; the owners must also keep the suspected animal separate from the others.
The Act makes it an offence to possess, trade, offer for sale, sell or transport animals or animal products knowing that they are infected or may transmit a prescribed disease or national pathogen. These offences shall be sanctioned by fines and imprisonment.
VETERINARY INSPECTION
The Animal Health Act prescribes that veterinary inspections shall be carried by the Guyana Livestock Development Authority (GLDA). It is also entitled to appoint authorized officers to perform such functions. When appointed, authorized officers have the power, without any warrant, to carry out activities such as: the examination of premises, animals and products; requests for information; the taking of samples and submissions to the official laboratory for analysis; the taking of extracts and photos, as well as copies of statements and documents; the seizure of animals or products; and the suspension of activities.
The Animal Health Act provides some measures to avoid abuse of the above powers of the GLDA: it stipulates that officers must show their official identification document and that the owner or the person in charge or present at the premises may accompany the authorized officer during the inspection. Officers can also request the assistance of law enforcement personnel during inspections.
DISEASE CONTROL
ZONING AND COMPARTMENTALIZATION
The Animal Health Act provides for the declaration of infected zones and the establishment of measures with respect to prescribed diseases or national pathogens. The Act establishes different types of zones: a free zone, declared in the absence of a prescribed disease or a national pathogen; a buffer zone, established to protect the health status of animals in free zones from those in areas that have a different status; and a surveillance zone, established within and along the border of a free zone to separate it from an infected zone. The establishment of compartments within a zone and varying measures of control for each compartment are also provided. The aim is to control or eradicate prescribed diseases or national pathogens in a zone and to prevent their introduction or spread.
There are no specific provisions establishing under which circumstances the Minister may revoke the declaration of infected zone. The Animal Health Act only states that the Minister must revoke the declaration when he/she considers that such declaration is not necessary or expedient. However, there are no criteria specifying under which circumstances a declaration might not be necessary or expedient.
CONTROL MEASURES
The Animal Health Act grants the powers to the Guyana Livestock Development Authority (GLDA) to prohibit or regulate the movements within, into, and out of a zone, and to implement disinfection measures. Animals or commodities cannot be moved, removed or taken into such zones without a permit. The GLDA is also entitled to establish or designate quarantine stations. To this end, an authorized officer may order that any terrestrial animal be placed under quarantine in a quarantine station if he/she suspects that it may be suffering from a disease.
The legal framework does not specifically establish provisions allowing veterinary inspectors to treat or vaccinate animals for disease control. According to the Act, the Minister can compensate owners of destroyed animals by drawing on allocated funds for this purpose through a vote in the National Assembly. However, the Act also establishes that terrestrial animals developing prescribed diseases while in quarantine can be destroyed without compensation. There are no criteria for specifying the amount to be paid as compensation when animals are destroyed.
Offences relating to animal disease control shall be sanctioned by fines and imprisonment.
CONTINGENCY PLANNING AND EMERGENCY RESPONSE
IMPORT CONTROL AND EXPORT CERTIFICATION
IMPORT
The Guyana Livestock Development Authority (GLDA) must develop a list of species of aquatic animals, aquatic animal products or commodities for which the importation into Guyana is restricted or expressly prohibited. There is no similar provision for terrestrial animals. The GLDA shall also designate official border ports. Both aquatic and terrestrial imports require a permit. The GLDA may refuse the permit if the import is likely to present a risk to human, animal, or plant health. There are no specifications on whether an import permit is required per each shipment. The importers of aquatic animals and commodities shall be registered as authorized importers. Nothing is specified in this regard for terrestrial animals.
The Act establishes that the authorized officer may return animals to be imported to the country of origin or destroy them if the officer considers that the import would result or is likely to result in the introduction or spread of a vector of prescribed disease. The costs of the destruction or return of animals shall be borne by the importer.
Every terrestrial animal to be imported in Guyana shall be placed in quarantine for a specified period, unless exempted by the regulations. Moreover, terrestrial animals may be placed under quarantine when the officer suspects that an animal is suffering from a prescribed disease or was in contact with a diseased animal, or otherwise exposed. For aquatic animals, the legal framework does not impose the obligation to place under quarantine any imported animal. It establishes that an authorized officer may transfer animals to quarantine facilities when the import of the shipment is likely to result in the introduction or spread of a prescribed disease. or when the documentation fails to meet the requirements.
The legal framework establishes as a requirement the inspection of any shipment of aquatic and terrestrial animals at the border post.
Sanctions regarding import control include fines and imprisonment.
EXPORT
Export permits are required to export both aquatic and terrestrial animals, products, and commodities. However, it is not clear whether a permit is required per each shipment. The Animal Health Act establishes that aquatic animal exporters shall be registered. There is no mention of this obligation for exporters of terrestrial animals.
The legal framework establishes that the Guyana Livestock Development Authority (GLDA) may issue international veterinary health certificates in order to meet the requirements of the importing country. The GLDA may carry out inspection, approval and certification procedures of animals and establishments to ensure that the requirements of the importing country are met.
Sanctions regarding exports include fines and imprisonment.
VETERINARY LABORATORIES
GENERAL PROVISIONS
The Animal Health Act defines an official laboratory and, official analyst as those designated by the Guyana Livestock Development Authority (GLDA) within the Act. Reagents are not defined but are included as part of biological products. With respect to official laboratories and analysts, the Act establishes some actions that shall be undertaken by them. Samples taken by authorized officers in any abattoir, establishment, fish slaughtering premises, aquaculture facilities or other premises, shall be submitted to an official laboratory for analysis by an official analyst. Moreover, samples taken after the inspection of shipments arriving in Guyana shall also be submitted to an official laboratory for analysis.
The Animal Health Act allows the Minister of Agriculture to set regulations providing for procedures to be followed by authorized officers, official analysts and official laboratories in the exercise of their functions. In this regard, the Minister has the power to regulate official laboratories and analysts. Moreover, the GLDA has the power to designate any laboratory as an official laboratory. It is also entitled to regulate and control the manufacture, import, export, use, quality, suitability, packaging, labelling, transport, storage, sale and advertising of any veterinary biological and veterinary medicine.
VETERINARY MEDICINAL PRODUCTS (VMP)
GENERAL PROVISIONS
The Animal Health Act defines veterinary medicine as ‘a substance or composition of synthetic origin applied or administered to an animal whether used for therapeutic, prophylactic or diagnostic purposes, or for the modification of an animal's physiological function or behaviour’. It includes antibiotics, growth promoting substances and veterinary pesticides. The Act also defines veterinary biological which includes raw materials. The Guyana Livestock Development Authority is entitled to control veterinary biological and veterinary medicine products.
The definition of drug under the Food and Drug Act includes any substance or mixture of substances used in the diagnosis, treatment, mitigation, or prevention of human and animal diseases. Therefore, the drug requirements set by this Act should also apply for veterinary medicinal products.
LICENSING
The Pharmacy Practitioners Act allows the Minister responsible for health to set regulations on the manufacture, distribution and sale of veterinary medicine and veterinary biological. The Act also establishes that the Guyana Livestock Development Authority (GLDA) is responsible for controlling the manufacture of these products. However, there are currently no specific provisions for veterinary medicinal products.
The Pharmacy Practitioners Act requires pharmacists to be registered before they can distribute or sell pharmaceutical products, and to renew their registration annually.
The Food and Drug Regulations provide for licences to premises manufacturing drugs. It also establishes that no drug manufacturer shall sell a drug unless the drug has been manufactured, packaged, preserved, stored, labelled and tested under suitable conditions, and a certificate to this effect has been issued by the government analyst.
SAFETY AND QUALITY CONTROL
The Animal Health Act establishes that the Guyana Livestock Development Authority (GLDA) is responsible for regulating and controlling the packaging and labelling of veterinary biological and veterinary medicine.
The Food and Drugs Regulations also provide requirements for the labelling and packaging of drugs. According to the Regulations, manufacturers must also maintain a sample of each batch or lot of the drug for a five-year period to be submitted to the government analyst upon request.
The Food and Drugs Act establishes offences related to safety, quality and control of drugs. These offences shall be sanctioned by fines and imprisonment.
PRESCRIPTION AND USE
According to the Food and Drugs Regulations, drugs specified in the Third Schedule can only be sold with a prescription. The regulations on veterinarians do not include provisions allowing them to sell veterinary medicinal products directly. According to the Pharmacist Practitioners Act, any person selling pharmaceutical products must be registered. In this regard, veterinarians are not allowed to sell veterinary medicinal products directly unless they are also registered as pharmacists.
PHARMACOVIGILANCE AND RECALL
Under the Food and Drugs Regulations, people suffering from unexpected side effects from handling new drugs and drugs manufactured in Guyana must notify the government analyst. The Food and Drugs Act establishes offences related to pharmacovigilance, which shall be sanctioned by fines and/or imprisonment.
IMPORT
There are no specific provisions concerning the import of veterinary medicinal products; however, under the Food and Drugs Act, no drug shall be imported into Guyana unless accompanied by a certificate in the prescribed form and manner. The Food and Drugs Regulations provide for permits to import drugs, which are required for each shipment. Licences are also required for importers. Customs entries of drugs may be inspected when imported into Guyana. The inspector may deny the admission of an imported drug if it is imported in contravention of the Food and Drugs Act. The Act also provides for the destruction of articles seized. Offences related to the obstruction of inspection and the interference with articles seized under the Act are also provided. These offences shall be sanctioned by fines and/or imprisonment.
EXPORT
Although there are no specific provisions regulating the export of veterinary medicinal products, the Food and Drugs Regulations establish a licence to export controlled drugs. Export permits under the Third Schedule of the Regulations are required for each shipment. There are no specific provisions on the inspection for exports.
INSTITUTIONAL FRAMEWORK RELEVANT TO ANIMAL HEALTH
INSTITUTIONAL SET-UP
The law designates the Guyana Livestock Development Authority (GLDA) as the national authority in charge of implementing the Animal Health Act. The Minister of Agriculture is responsible for the administration of the Act. The Act also designates a National Advisory Committee on Animal Health, and a National Committee on Aquatic Animal Health Management to advise and assist the GLDA. Members of these Committees may include representatives from the livestock, fisheries and aquaculture industry, food producers and consumers, etc.
The GLDA may designate authorized officers and official analysts to support the implementation of the Act. Local authorities shall assist authorized officers in the performance of their functions and exercise of their powers.
The Act allows the participation of members of the public in the meetings of the National Advisory Committee on Animal Health, and the National Committee on Aquatic Animal Health Management. However, the participation shall be authorized by the chairperson and does not include the right to vote. The GLDA shall also promote private sector participation in the execution of animal health programmes.
DELEGATION OF POWERS
The Animal Health Act does not explicitly mention the delegation of powers. It empowers the Guyana Livestock Development Authority (GLDA) to appoint or designate authorized officers and official analysts to support the enforcement of the Act. However, the functions of these officers are complementary to those of the GLDA and are not part of a delegation of functions.