Animal Breeding Act

This Act may be cited as the Animal Breeding Act, 2001.

The Act comes into force on the day the Minister appoints by statutory instrument.

Provides definitions of terms used in the Act (interpretation section).

The Director shall perform a range of functions in animal genetics, including implementing policy to increase farm-animal productivity, ensuring food security and socio-economic development, setting breeding and research priorities, implementing programmes, advising government on resources, promoting genetic resource management and production for export, encouraging use of adapted indigenous breeds, regulating breeding and genetic materials, providing herd-recording standards, and doing related incidental tasks.

The Director shall perform a list of additional functions relating to animal breeding, genetic resources, regulation of trade in breeds and genetic material, training, approvals and publication as set out in the section.

Assigns registration and certification responsibilities for animal genetic resources and related activities to the Commissioner, Animal Production and Marketing in the Ministry, lists specific registration duties, permits delegation of functions (without divesting the Commissioner), and assigns fish breeding registration to the Commissioner, Fisheries Resources.

The prescribed minimum amount of spermatozoa in a dose of semen is the one specified in the Sixth Schedule of this Act.

The Commissioner, Animal Production and Marketing must establish a system for record keeping, breed registration, and registration and regulation of breeders and their breeding stock to enable information dissemination.

Three named Commissioners are assigned specific responsibilities for animal production and marketing, livestock health and entomology, and fisheries resources.

No imports or exports of animal breeds or genetic material may be done without first obtaining a permit from the Commissioner, Livestock Health and Entomology.

The Third Schedule list is the official list of suitable breeds; the Executive Director will update the list regularly; the Director must sanction all imports and exports based on verified documentary evidence that they are free of specified disease agents and prohibited hereditary defects.

Promoters must provide a satisfactory genetic impact statement to the Centre and other designated offices; sellers of animal genetic material for breeding must show proof of quality to prospective buyers.

Establishes the National Animal Genetic Resources Centre and Data Bank as a corporate body and requires it to operate on a commercial basis unless directed and funded by Government.

Sets out the objects of the Centre, listing activities such as commercialisation of breeding activities, training (artificial insemination, embryo transfer, fish breeding), liquid nitrogen production and distribution, cryo‑preservation and related distribution, and other incidental activities.

The Centre must carry out specified commercial breeding and genetic-resource activities, serve as national genetic and livestock registries and laboratories, provide quarantine, training, research collaboration, breeding guidance and extension services, and perform other functions as deemed necessary by the Minister.

Patent rights arising from work done by persons engaged by the Centre vest in the Centre; the Centre may make those patents available for public use on terms the Board determines.

The Board decides the Centre's common seal device; it is kept in the custody of the Executive Director; the seal must be authenticated by signatures of at least two of the listed officers; certain contracts may be executed without the seal on behalf of the Board.

Proceedings of the Board remain valid despite vacancies, defects in appointments, or participation by persons not entitled to sit or vote.

A member of the Board or an employee of the Centre is exempt from civil or criminal proceedings for acts or omissions done in good faith in performing their duties under this Act.

The Executive Director must ensure the Centre's annual report is prepared and submitted to the Minister through the Board within six months after the end of each financial year.

The Minister must, as soon as possible after receiving the annual report and the audit reports submitted under sections 33 and 44, lay them before Parliament.

Notices or documents required to be served on the Centre may be served by leaving them at the office of the Executive Director or by sending them by pre‑paid registered post to the Executive Director.

The Minister may, on the recommendation of the Board, by statutory instrument, exempt any person or class of persons from any provision of this Act.

The Minister may make general regulations on the Board's recommendation for implementing the Act; the Minister must make regulations for registration and issuance of identification codes for stock; contraventions attract fines (up to 100 currency points), imprisonment (up to two years), daily fines for continuing offences, and court-ordered forfeiture.

The Minister may amend the First Schedule with the Cabinet's approval by statutory instrument, and may amend Schedules Two to Seven by statutory instrument on the Director's recommendation.

All property and assets of the Artificial Breeding Centre, Entebbe vest in the Centre subject to interests and liabilities; the Minister may exclude specified assets by statutory order and may transfer government assets necessary for the Centre's functions; the Centre has rights and is subject to liabilities in respect of transferred assets.

The Branding of Stock Act is repealed.

The Board shall consist of a Board of Directors appointed by the Minister and specific named members including a Chairperson (appointed by the Minister), Director responsible for Animal Resources, two breeders (one animal sector and one fisheries), four regional farmers' representatives, Officer-in-charge NARO breeding programme, a finance Ministry representative, a representative nominated by the Uganda National Association of Artificial Insemination Technicians, and the Executive Director referred to in section 22.

Members (other than the Chairperson and ex officio members) may be removed by the Minister on the recommendation of the Chairperson for specified grounds; the Chairperson and certain appointed persons hold office for three years and may be reappointed once; appointing persons or organisations may revoke and replace their appointees.

The Board must carry out the listed functions for the Centre, including policy and strategic planning, guidance to the Executive Director and staff, approving certain appointments, monitoring performance, setting staff rules and procedures, and performing other duties assigned under the Act.

The Centre must pay sitting, subsistence, travelling and other allowances to Board members and to persons co‑opted to Board meetings as determined by the Minister on the Board's recommendation.

The Second Schedule to this Act applies to meetings of the Board.

The Minister must appoint an Executive Director of the Centre on the recommendation of the Board; the Executive Director must be a qualified animal scientist; the appointment is on a five‑year contract which the Minister may renew on the Board's recommendation; the Executive Director holds office on the terms of the contract.

The Executive Director shall act as the Centre's Chief Executive Officer, be Secretary to the Board, keep the Board's seal under lock and key and be the accounting officer, submit written reports to the Board as required, and—subject to the Centre's general control—be responsible for the Centre's funds and properties, day-to-day administration and control of employees.

The Board must appoint other employees to facilitate the proper running of the Centre under terms and conditions of service determined by the Board.

The Centre may engage experts and consultants on terms determined by the Board for any part of the Centre's functions where those experts have special competence.

The financial year of the Centre is the 12-month period starting 1 July and ending 30 June the following year.

The Centre's funds consist of Parliamentary appropriations, loans, grants/gifts/donations, and profits from commercial activities; all income and moneys of the Centre must be deposited to the Centre's credit in a bank approved by the Board.

The Centre must be financially autonomous and self-accounting and must perform its functions commercially in accordance with existing financial regulations and accounting principles in the public service.

The Centre must prepare and submit to the Board, within three months before the end of each financial year, estimates of its income and expenditure for the following year for the Board's approval and onward transmission to the Minister.

The Centre may borrow sums (by overdraft or otherwise) with prior Board approval to meet its obligations or discharge its functions; loans obtained under this section may be guaranteed by Government with prior approval of the Board and Minister, subject to article 159 of the Constitution.

Funds of the Centre not immediately required must be invested, and the Board may determine the manner of investment.

The Centre must prepare, within three months after the close of each financial year, a statement of accounts and must keep proper books and records of its income and expenditure.

The Auditor-General must audit the Centre's accounts within three months of receiving the accounts and deliver a copy with an opinion; the Auditor-General (or an appointed auditor) has access to the Centre's financial records and may require information; the Board must forward the audit report and opinion to the Minister as soon as possible.

Registered or authorised persons must not sell prescribed breeds or genetic material that fail required standards or tests; a convicting court may order forfeiture or destruction without compensation.

It is an offence for any person to sell for breeding any breed or genetic material under a description other than its patent name; on conviction the person is liable to a fine not exceeding fifty currency points or imprisonment not exceeding one year or both.

Any person must not tamper with prescribed genetic material or samples taken under the Act, including procuring non-representative samples or causing/deigning to send non-conforming samples for testing.

Any person must not, without authority, alter, deface or remove official registers, markings or entries.

Any person must not, without lawful authority, alter, deface or remove specified documents, labels, notes or marks placed or kept under this Act.

If a person commits offences under sections 35–38, the convicting court may suspend licences for up to five years or order forfeiture/destruction of items; a second or subsequent conviction carries a fine up to one hundred currency points or imprisonment up to two years or both.

Acts or omissions that would be offences if done by an individual are treated as offences when done by a body corporate; officers and partners who contributed to the offence are deemed to have committed it, unless they prove lack of consent/connivance and that they exercised due diligence to prevent it.