BWA- FA - INSTITUTIONAL SET-UP
CONSUMPTION USE
Botswana / Consumption use
INSTITUTIONAL FRAMEWORK RELEVANT TO DISTRIBUTION OF MEAT/FISH GENERATED FROM HUNTING/INLAND FISHING
INSTITUTIONAL SET-UP
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Section 3:
(1) There shall be designated a public officer to be the Director of Wildlife and National Parks, and there shall be within the public service such wildlife officers as are necessary for the purposes of this Act.
(2) The Director shall designate suitable wildlife officers to be licensing officers for the purposes of this Act.
Section 3 (extract):
(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delgate his responsibilities as such Authorities under this Act to any other officers or institutions beyond the Department of Wildlife and National Parks subject to his won overriding control.
Regulation 5(extract):
(1) No person shall use any premises as an abattoir, cutting premises, a cold store, a farmed game handling facility or a farmed game meat plant unless those premises are licensed.
(2) A person who wishes to use any premises as an abattoir, cutting premises, a cold store, a farmed game handling facility or a farmed game meat plant shall, in writing, apply to the Director for a licence to do so.
(3) Where a person makes an application in terms of subsection (1) or (3), the Director shall, within 60 days of receipt of the application, inform the applicant, in writing, of his or her decision, and-
(a) shall license the premises to which the application relates-
(i) as a high throughput abattoir, if he or she is satisfied that the premises comply with the requirements of the First and Second Schedules, or as a medium throughput abattoir, if he or she is satisfied that the premises comply with the requirements of the Fifth Schedule, or as a low throughput abattoir, if the premises comply with the Sixth Schedule, and, in any of the foregoing cases, if he or she is satisfied that the method of operation in those premises complies with the requirements of the Eighth to Eleventh Schedules, inclusive, and that the inspection requirements of the Eleventh Schedule will be met;
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(iv) as a farmed game handling facility, if he or she is satisfied that the premises and the method of operation in those premises comply with the requirements of Part I of Seventh Schedule and paragraphs 3 to 7 of the Ninth Schedule;
(v) as a farmed game meat plant, if he or she is satisfied that the premises and the method of operation in those premises comply with the requirements of Part II of the Seventh Schedule, or as a low throughput farmed game meat plant, if he or she is satisfied that the premises comply with the requirements of Part IV of the Seventh Schedule, and, in either case, if he or she is satisfied that the method of operation in those premises complies with the requirements of the Eighth, Tenth and Eleventh Schedules and that there is no significant risk either that facilities for inspection under the Eleventh Schedule will be denied or that any farmed game meat or blood rejected under that Schedule will be used for human consumption, and
(b) shall refuse to license the premises if he or she is not so satisfied that the premises comply with the requirements under these Regulations.
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(8) The Director shall notify the applicant in the form set out in the Nineteenth Schedule, of his or her decision on the application.
(9) If the Director refuses to issue a licence or approve registration, he or she shall notify the applicant, in writing, of his or her reasons for the refusal.
(10) A licence in respect of any premises shall be subject to the condition that, except in accordance with regulation 11, no significant alteration shall be made-
(a) to the premises or the equipment in the premises otherwise than by way of repairs and maintenance unless an application has been made in the form set out in the Twenty-First Schedule, to the Director; or
(b) to the method of operation in the premises, without the Director’s prior agreement in writing.
(11) In granting a licence in respect of any premises, the Director may make it subject to the species of animal which may be slaughtered or processed there.
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(14) Where the Director-
(a) has refused to grant a licence; or
(b) has granted a licence subject to a condition, his or her notification under subregulation (8) shall state the right of appeal under regulation
7 and the time allowed for appealing.
Regulation 6: Revocation of licences
(1) The Director may revoke a licence or approval granted by him or her in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into, the operation or structure of the
premises and a report by a veterinary officer or OVS, he or she is satisfied that-
(a) the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcomings within such period as the Director may specify;
(b) any requirement of these Regulations as to hygiene has not been complied with and inadequate or no action has been taken to ensure that a similar breach does not occur in future;
(c) any condition attached to the licence in accordance with regulation 5 (6), (10), (11), (12) or (13) has not been complied with;
(d) the premises no longer fall within these Regulations-
(i) because the business carried on at the premises has ceased, or
(ii) because they have become exempt under regulation 4.
(2) Any cessation of operation for a period longer than 3 months shall warrant the suspension of a licence unless the occupier has, before such cessation informed the Director of his or her intention to cease the operation.
(3) Where the owner or occupier intends to recommence the operation, he or she shall re-apply for a licence in the form set out in the Twentieth Schedule or give notice to the Director of the date on which he or she intends to recommence the operation.
(4) Where the Director revokes a licence, he or she shall give the occupier of the premises notice in writing-
(a) of his or her decision to revoke the licence;
(b) of the date on which the revocation is to take effect;
(c) of the reasons for revocation;
(d) of the occupant’s right to appeal under regulation 7; and
(e) of the time allowed for appealing.
(5) In subregulation (4), "occupier", in relation to a proposed revocation under subregulation (1) (d) (i), where the premises are vacant, means the last person known to the Director to have carried on at the premises business for which the licence was granted or his or her successor in respect of that business.
Regulation 7. Appeals
(1) Where the Director-
(a) has refused to license any premises;
(b) has granted a licence subject to conditions; or
(c) has revoked the licence of any premises,
the owner or occupier of, or the person proposing to occupy the premises may, within 14 days of being notified of the Director’s decision in accordance with regulation 5 (4) or 6 (4), appeal to the Minister:
Provided that if the appeal concerns previously licensed premises, the appellant concerned may continue to operate those premises pending the outcome of his or her appeal unless the Director has notified the appellant that the continued operation of those premises poses a risk to public health.
(2) Within 60 days after receiving an appeal, the Minister shall notify the appellant of his or her decision
Regulation 9: Supervision of premises
(1) The Director may designate veterinary surgeons as OVSs and shall, in relation to any premises, appoint one or more OVSs or meat inspectors, as authorised officers in relation to the examination and seizure of meat, and the certification of fresh meat as healthy for human consumption.
(2) Any OVS or meat inspector appointed as an authorised officer under subregulation (1) shall be responsible for the following functions in relation to the premises referred to in that subregulation-
(a) the ante-mortem health inspection of animals in accordance with the Ninth Schedule;
(b) the postmortem health inspection of slaughtered animals in accordance with the Eleventh Schedule;
(c) where appropriate, the examination of the fresh meat of swine and equines for richinellosis in accordance with paragraph 12 of Part IX of the Eleventh Schedule;
(d) the health marking of fresh meat in accordance with the Thirteenth Schedule; and
(e) ensuring the observance of the requirements of all the other Schedules in these Regulations.
(3) A meat inspector shall act under the supervision and responsibility of an OVS who is appointed to supervise and control the premises.
Regulation 10. Revocation and suspension of designation of OVSs
(1) The Director may, at any time, revoke or suspend the designation of any person as an OVS or a meat inspector if it appears to the Director that the person in question is unfit to perform the functions of an OVS or a meat inspector under these Regulations
Regulation 11. Powers of veterinary officers, OVSs and meat inspectors
(1) Where it appears to a VO, an OVS, or, in the absence of a VO or an OVS, a meat inspector, that in respect of any premises-
(a) any of the requirements of these Regulations as to hygiene is being breached; or
(b) adequate health inspection in accordance with these Regulations is being compromised, he or she may, by notice in writing given to the occupier of the premises-
(i) prohibit the use of any equipment or any part of the premises specified in the notice, or
(ii) require the rate of operation to be reduced to such an extent as is specified in the notice, and the occupier shall comply with the notice.
(2) A notice given under subregulation (1) shall be given as soon as practicable and shall state why it is given.
(3) If the notice given under subregulation (1) is given under paragraph (a) of that subregulation, it shall specify the breach and the action needed to remedy it.
(4) The notice given under subregulation (1) shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as a VO, an OVS or a meat inspector is satisfied that such action has been taken.
(5) While the notice given under subregulation (1) is in effect, the licence in respect of the premises concerned shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.
(6) A VO, an OVS or a meat inspector may subject any animal or any carcass or meat in any premises to such examinations (including the taking and analysis of samples) as he or she may reasonably consider to be necessary for the protection of the animal or public health.
(7) The occupier shall, if requested to do so, detain the animal, carcass or meat until such time as he or she is informed, in writing, by the VO, OVS or meat inspector, as the case may be, that the result of the examination has been obtained.
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Regulation 5(extract)
(3) Where a person makes an application in terms of subsection (1) or (3), the Director shall, within 60 days of receipt of the application, inform the applicant, in writing, of his or her decision, and-
(a) shall license the premises to which the application relates-
(i) as a high throughput abattoir, if he or she is satisfied that the premises comply with the requirements of the First and Second Schedules, or as a medium throughput abattoir, if he or she is satisfied that the premises comply with the requirements of the Fifth Schedule, or as a low throughput abattoir, if the premises comply with the Sixth Schedule, and, in any of the foregoing cases, if he or she is satisfied that the method of operation in those premises complies with the requirements of the Eighth to Eleventh Schedules, inclusive, and that the inspection requirements of the Eleventh Schedule will be met;
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(iv) as a farmed game handling facility, if he or she is satisfied that the premises and the method of operation in those premises comply with the requirements of Part I of Seventh Schedule and paragraphs 3 to 7 of the Ninth Schedule;
(v) as a farmed game meat plant, if he or she is satisfied that the premises and the method of operation in those premises comply with the requirements of Part II of the Seventh Schedule, or as a low throughput farmed game meat plant, if he or she is satisfied that the premises comply with the requirements of Part IV of the Seventh Schedule, and, in either case, if he or she is satisfied that the method of operation in those premises complies with the requirements of the Eighth, Tenth and Eleventh Schedules and that there is no significant risk either that facilities for inspection under the Eleventh Schedule will be denied or that any farmed game meat or blood rejected under that Schedule will be used for human consumption, and
(b) shall refuse to license the premises if he or she is not so satisfied that the premises comply with the requirements under these Regulations.
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(8) The Director shall notify the applicant in the form set out in the Nineteenth Schedule, of his or her decision on the application.
(9) If the Director refuses to issue a licence or approve registration, he or she shall notify the applicant, in writing, of his or her reasons for the refusal.
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Section 10 (extract):
(1) Subject to the provisions of this section, the Ombudsman may investigate any action taken by or on behalf of a —
(a) department of Government, in the exercise of administrative functions of that department –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained injustice or unfair treatment in consequence of maladministration in connection with the action so taken; or
(b) department of Government or private entity –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained violation of his or her human rights in consequence of the action so taken.
(2) The Ombudsman may take appropriate action to call for the remedying, correction and reversal of instances specified in subsection (1) through fair, proper and effective means, including —
(a) mediation, arbitration, negotiation, conciliation and compromise between the parties concerned; and
(b) causing the complaint and a finding on it, to be reported to the principal officer of any department of Government or a private entity and to a person who is established to have taken or authorised the action in question.