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ANIMAL IDENTIFICATION ACT: SUBSIDIARY LEGISLATION

 

INDEX TO SUBSIDIARY LEGISLATION

Animal Identification (General) Regulations

 

ANIMAL IDENTIFICATION (GENERAL) REGULATIONS

[Section 22]

Arrangement of Regulations

   Regulation

   1. Title

   2. Interpretation

   3. Application for animal identification mark

   4. Recommendation by veterinary officer

   5. Request for additional information

   6. Rejection of application

   7. Issue of certificate

   8. Amendment of certificate

   9. Application for duplicate certificate

   10. Suspension of certificate

   11. Revocation of certificate

   12. Renewal of certificate

   13. Animal owners that qualify to hold more than one certificate

   14. Obligations of owner

   15. Composition of animal identification mark

   16. Approved animal identification mark

   17. Position of animal identification mark

   18. Notification of births, deaths and other movements of animals

   19. Animal bearing more than one animal identification mark

   20. Transfer of animal identification mark

   21. Transfer of ownership of animal

   22. Fees

   23. Transitional provisions

      FIRST SCHEDULE

      SECOND SCHEDULE

SI 84 of 2020.

1. Title

These Regulations may be cited as the Animal Identification (General) Regulations, 2020.

2. Interpretation

In these Regulations, unless the context otherwise requires-

   "certificate"  means a certificate of registration of the identification mark issued under these Regulations;

   "eartag"  means an approved tag bearing a mark placed on the ear of an animal;

   "batch number"  means a farm registration number used as an identification mark for a group of animals that cannot be physically identified individually;

   "brand mark"  means the impression of a letter, sign or character branded on a cattle, or donkey or any other animal;

   "holder of a certificate"  means a person to whom a certificate has been issued under these Regulations;

   "local authority"  has the meaning assigned to the words in the Constitution;

   "owner"  means an individual or establishment to which an animal legally belongs;

   "unique number"  means a number that accompanies the herd brand mark for the purpose of achieving individual animal identification;

   "special animal identification mark"  means an identification mark customised by an owner and approved by Registrar; and

   "tattoo"  means a mark or figure fixed on the body part of an animal by insertion of pigment under the skin resulting in a permanent mark on an animal for the purpose of identifying an animal.

3. Application for animal identification mark

   (1) An owner shall apply to the Registrar for the registration of an animal identification mark in Form I set out in the First Schedule on payment of the fee set out in the Second Schedule.

   (2) An application under sub-regulation (1) shall be accompanied by-

 (a)   a clearance from Zambia Police Service and local authority or traditional authority in the area in which the animal is kept; and

 (b)   details of the animal in Form II set out in the First Schedule.

   (3) An application under sub-regulation (1) shall be submitted at the veterinary office in the district where an animal is kept.

4. Recommendation by veterinary officer

A veterinary officer in the district where an application is submitted shall, where the applicant meets the requirements under these Regulations, recommend to the Registrar the approval or rejection of an application.

5. Request for additional information

The Registrar may request an applicant, in writing, to submit additional information relating to an application under regulation 3.

6. Rejection of application

   (1) The Registrar shall reject an application if the applicant-

 (a)   fails to meet the requirements under these Regulations, the Act or any other written law; or

 (b)   submits false information.

   (2) The Registrar shall, where the Registrar rejects an application under sub-regulation (1), inform the applicant, in writing, of the decision stating the reason thereof.

7. Issue of certificate

   (1) The Registrar shall, where the application meets the requirements under these Regulations-

 (a)   allocate an identification mark to the applicant; and

 (b)   issue the applicant with a certificate in Form III set out in the First Schedule.

   (2) A certificate issued under sub-regulation (1) is valid for five years.

8. Amendment of certificate

   (1) A holder of a certificate shall apply to the Registrar to amend the certificate in Form IV set out in the First Schedule on payment of the fee set out in the Second Schedule.

   (2) The Registrar shall, where an application under sub-regulation (1) is approved, issue an amended certificate to the applicant for the remainder of the validity period of the original certificate.

9. Application for duplicate certificate

A holder of a certificate shall, where a certificate is lost, damaged or defaced, apply to the Registrar for a duplicate certificate in Form V set out in the First Schedule on payment of the fee set out in the Second Schedule.

10. Suspension of certificate

   (1) The Registrar shall suspend a certificate of registration if the holder of a certificate-

 (a)   contravenes the Act, these Regulations or any other relevant written law; or

 (b)   obtained the certificate by fraud or submitted false information.

   (2) The Registrar shall, before suspending the certificate in accordance with sub-regulation (1), notify the holder of a certificate of the Registrar's intention to suspend the certificate in Form VI set out in the First Schedule and shall-

 (a)   give reasons for the intended suspension; and

 (b)   require the holder of a certificate to show cause, within a period of not more than 30 days, why the certificate should not be suspended.

   (3) The Registrar shall not suspend the certificate under this regulation if the holder of the certificate takes remedial measures to the satisfaction of the Registrar within the period specified under sub-regulation (2).

   (4) The Registrar shall, in making a final determination on the suspension of a certificate, consider the submissions made by the holder of a certificate under sub-regulation (2).

   (5) The Registrar shall suspend the certificate in Form VII set out in the First Schedule if the holder of the certificate fails to show cause why the certificate should not be suspended or does not take remedial measures, to the satisfaction of the Registrar, within the period specified in the notice under sub-regulation (2).

   (6) Where a certificate is suspended under sub-regulation (5), an animal identification mark applied on an animal before the suspension of the certificate shall remain valid.

11. Revocation of certificate

   (1) The Registrar shall revoke the certificate if the holder of the certificate-

 (a)   contravenes the Act, these Regulations or any other relevant written law;

 (b)   fails to take corrective measures following the suspension of the certificate within the specified period;

 (c)   obtained the certificate by fraud or submitted false information; or

 (d)   voluntarily surrenders the certificate to the Registrar.

   (2) The Registrar shall, before revoking a certificate in accordance with sub-regulation (1)(a), (b) and (c), notify the holder of a certificate of its intention to revoke the certificate in Form VI set out in the First Schedule and shall-

 (a)   give reasons for the intended revocation; and

 (b)   require the holder of a certificate to show cause, within a period of not more than 30 days, why the certificate should not be revoked.

   (3) The Registrar shall not revoke a certificate under this regulation if the holder of the certificate takes remedial measures to the satisfaction of the Registrar within the period under sub-regulation (2).

   (4) The Registrar shall, in making a final determination on the revocation of a certificate, consider the submissions made by the holder of a certificate under sub-regulation (2).

   (5) The Registrar shall revoke the certificate in Form VII set out in the First Schedule if the holder of the certificate fails to show cause or does not take remedial measures, to the satisfaction of the Registrar, within the time specified in the notice under sub-regulation (2).

   (6) A holder of a certificate shall, where the certificate is revoked, immediately cease to use the animal identification mark and surrender the certificate and the identification mark to the Registrar.

   (7) Where a certificate is revoked under sub-regulation (5), an animal identification mark applied on an animal before the revocation of the certificate shall remain valid.

12. Renewal of certificate

   (1) A holder of a certificate shall apply to the Registrar, at least 90 days before the expiry date of the certificate, for renewal of a certificate in Form I set out in the First Schedule on payment of the fee set out in the Second Schedule.

   (2) The Registrar shall renew a certificate if the holder of the certificate has complied with the terms and conditions of the certificate.

   (3) The Registrar shall, where the Registrar refuses to renew a certificate, notify the applicant in writing.

13. Animal owners that qualify to hold more than one certificate

The Registrar shall issue more than one certificate to an owner of animals that are located in different districts in respect of those animals in each district.

14. Obligations of owner

An owner of an animal shall-

 (a)   use a registered animal identification mark issued by the Registrar;

 (b)   mark an animal with an identification mark approved by the Registrar within six months of birth of an animal; and

 (c)   apply a unique number on the animal.

15. Composition of animal identification mark

An animal identification mark shall comprise a symbol, number or alphabetical letter or any combination thereof in a pattern designed by the Registrar.

16. Approved animal identification mark

The approved animal identification marks are-

 (a)   brand mark for cattle, horse and donkey;

 (b)   tattoo mark for cattle, goat, sheep, pig and donkey;

 (c)   eartag mark for cattle, goat, sheep, pig and donkey;

 (d)   microchip mark for any animal in addition to a visible animal identification mark;

 (e)   collar mark for a dog and cat;

 (f)   batch number for bees, poultry, fish and wildlife; and

 (g)   special animal identification mark for cattle, goat, sheep, pig, horse and donkey.

17. Position of animal identification mark

   (1) An animal identification mark shall be placed on an animal on either the right or left shoulder or outer thigh of the animal.

   (2) An ear tag shall be placed on both ears of an animal.

   (3) A tattoo shall be applied on the surface of an ear or any part of the body of a pig.

   (4) Where an identification mark cannot be physically placed on a type of animal, a batch code assigned to the farm or establishment or any other identification mark assigned by the Registrar shall be used on that type of animal.

18. Notification of births, deaths and other movements of animals

   (1) An owner shall notify a veterinary office within one month of an animal-

 (a)   being added to the establishment or farm;

 (b)   being born; or

 (c)   having died or left the establishment or farm.

   (2) An animal that has relocated from one district to another shall maintain and use the same animal identification mark, except that the owner shall submit to a veterinary officer the details of that animal in Form II set out in the First Schedule.

19. Animal bearing more than one animal identification mark

An animal shall not, without the authority of the Registrar, have more than one animal identification mark.

20. Transfer of animal identification mark

   (1) A person who intends to transfer ownership of an animal identification mark shall apply to the Registrar in Form I set out in the First Schedule on payment of the fee set out in the Second Schedule.

   (2) The Registrar shall, within 90 days of receipt of an application under sub-regulation (2), notify the applicant, in writing, of the Registrar's decision.


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