CHAPTER 244 - BRANDS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Brands Regulations

BRANDS REGULATIONS

[Section 15]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Brands District

   4.   Prescribed forms

   5.   Form of brand

   6.   Special brand

   7.   Number of brands to be allotted

   8.   Size of brands

   9.   Allotment of brands

   10.   Prescribed fees

   11.   Imprinting of brands

   12.   Branding of ears

   13.   Surrender of brand

   14.   Cancellation of brand

   15.   Re-allotment of brand

   16.   Annual return of brands registered

   17.   Public pound

   18.   Branding by pound-masters

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

[Regulations by the Minister]

Act 13 of 1994.

GN 50 of 1931,

GN 76 of 1931,

GN 110 of 1936,

GN 280 of 1953,

GN 298 of 1955,

GN 24 of 1956,

GN 93 of 1956,

GN 207 of 1960,

GN 24 of 1961,

GN 497 of 1964.

SI 57 of 1965,

SI 25 of 1983,

SI 29 of 1983.

1. Title

These Regulations may be cited as the Brands Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“allotted brand” means a brand allotted to an applicant by the Registrar;

“selected brand” means a brand chosen by any applicant and submitted to the Registrar for registration.

[Am by GN 24 of 1956.]

3. Brands Districts

For the purposes of the Act and of these Regulations, the Brand Districts shall coincide with the areas covered by provinces as demarcated in the Provinces and Districts (Division) Order.

[Am by SI 25 of 1983.]

4. Prescribed forms

   (1) The form of application for registration of a brand shall be that set out in Form 1 in the First Schedule.

   (2) The form of application for registration of a selected brand shall be that set out in Form 2 in the First Schedule.

   (3) The form of a certificate of registration shall be that set out in Form 3 in the First Schedule.

   (4) The form of a transfer of a brand from one registered proprietor to another shall be that set out in Form 4 in the First Schedule.

   (5) The form of a certificate of such transfer shall be that set out in Form 5 in the First Schedule.

[Am by GN 24 of 1956.]

5. Form of brand

   (1) Save as hereinafter provided, every allotted brand shall consist of a set of two letters arranged horizontally, and a set of two digits also arranged horizontally, so that the letters and the digits together occupy the four quarters of an imaginary square wherein the set of letters shall comprise any of the letters of the alphabet excluding I, O, S and Z, and shall be placed either above or below the set of digits which shall comprise the integers 1 to 9.

   (2) The Registrar or such other public officer as may be designated in that behalf shall keep a register of all the brands possible under sub-regulation (1), in accordance with the tables set out in the Second Schedule.

[Am by SI 25 of 1983.]

6. Special brands

The public bodies and organisations set out in the first column of the Fourth Schedule shall be deemed to be the registered proprietors of the respective brands set out in the second column of that Schedule.

[Am by SI 25 of 1983.]

7. Number of brands to be allotted

One brand and no more shall be allotted to any person in one Brands District.

8. Size of brands

The size of the characters of every allotted brand branded on stock of the age of twelve months and over shall be eight centimeters in height and six centimeters in width, but stock under the age of twelve months may be branded with characters of one-half of the above size.

[Am by GN 24 of 1956; SI 25 of 1983.]

9. Allotment of brands

   (1) An applicant for an allotted brand shall be allotted the next vacant brand appearing in the register kept under sub-regulation (2) of regulation 5.

   (2) An applicant for registration of a selected brand may, at the discretion of the Registrar, be registered as the proprietor of that brand.

[Am by GN 24 of 1956; SI 25 of 1983.]

10. Prescribed fees

There shall be payable to the Registrar—

      (a)   for every separate registration of an allotted brand, thirteen fee units;

      (b)   for every separate registration of a selected brand, twenty-five fee units;

      (c)   for every transfer of a brand, thirteen fee units;

      (d)   where the brand symbol selected by any applicant necessitates special printing arrangements, the cost of such printing shall be borne by the applicant.

[Am by GN 24 of 1956; 93 of 1956; Act 13 of 1994.]

11. Imprinting of brands

All brands shall be imprinted on stock as follows—

      (a)   In the case of horses, mules or donkeys, the first brand shall be imprinted on the left side of the neck or on the left rump, and any second or subsequent brand shall (where there is sufficient space for such purpose) be imprinted on the same part of such animal and at a distance of not less than 3.81 centimeters from and directly underneath the last imprint.