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Stock Diseases Act, 1961

This section gives the Act its short title: the Stock Diseases Act. This section defines key terms used in the Act, including “article,” “authorised officer,” “carcass,” “Director,” “disease,” “owner,” “permit,” “railway…

carrier compliancecompliancecost recoverydefinitionsdisease controldisease preventiondisease reportingentry powersfeesgoods in transitimport and movement controlsindemnityinoculationinspectioninspection powerslegal immunitylivestocklivestock controllivestock managementlivestock/stock transportmovement restrictionsoffences and penaltiespenaltiespermit compliancepublic fundsrail transportrecord keepingregulationsregulatory offencesroad transportsale restrictionsshort titleslaughterstock disease controlstock quarantinestock seizure
Jurisdiction
Zambia
Structure
15 provisions
Citation
Act 8 of 1961
Dates
Undated source snapshot
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“This section gives the Act its short title: the Stock Diseases Act.”

This section gives the Act its short title: the Stock Diseases Act. This section defines key terms used in the Act, including “article,” “authorised officer,” “carcass,” “Director,” “disease,” “owner,” “permit,” “railway company,” “stock,” and “Veterinary Officer.” Owners of stock with suspected disease must keep the stock separate if practicable and report it promptly; anyone notified must then tell the nearest Veterinary Officer. If there is or may be a disease likely to affect stock, the Minister or an authorised officer may make orders to quarantine and control stock-related movement and sale. The Minister or an authorised officer may order stock, carcasses, articles, or vehicles to be seized, detained, slaughtered, destroyed, or otherwise dealt with to prevent disease spread.

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Showing 15 of 15 provisions

Provision 5Repeal 4Offence 3Amendment 2
§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section gives the Act its short title: the Stock Diseases Act.

1. Short title This Act may be cited as the Stock Diseases Act.
Section 1Verify source
§ 2Interpretation .................................................................................................................................................................................................... 1Repeal

This section defines key terms used in the Act, including “article,” “authorised officer,” “carcass,” “Director,” “disease,” “owner,” “permit,” “railway company,” “stock,” and “Veterinary Officer.”

2. Interpretation In this Act, unless the context otherwise requires— "article" includes gear, harness, seeds, grass, forage, hay, straw, manure or any other thing likely to act as a carrier of any disease; "authorised officer" means the Director and any Veterinary Officer; "carcass" means the carcass of any stock and includes part of a carcass, and the meat, bones, hide, skin, feathers, hooves, horns, offal or other part of any stock; "Director" means the Director of Veterinary Services and includes the Deputy Director of Veterinary Services; "disease" means foot and mouth disease, rabies, rinder-pest, lumpy skin disease, contagious epididymitis and vaginitis, sheep pox, swine fever, Newcastle disease, epidemic tremor, contagious bovine pleuro- pneumonia, anthrax, contagious abortion, quarter evil, tuberculosis, bovine vibriosis, swine erysipelas, glanders, streptothricosis, anaplasmosis, redwater, heartwater, East Coast fever, trypanosomiasis, epizootic lymphangitis, ulcerative lymphangitis, sarcoptic mange, psoroptic mange (scab) and any other disease of stock which the *Minister may, by statutory notice, specify; "owner", in relation to any stock, includes the person for the time being having the management, custody or control of such stock; "permit" means a permit issued under the provisions of this Act; "railway company" means Zambia Railways and any other railway operating in Zambia; "stock" includes cattle, horses, sheep, goats, mules, donkeys, pigs, animals of the antelope species in captivity, domestic fowls, turkeys, geese, ducks and any other domesticated or captive animal or bird which the Minister may, by statutory notice, declare; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Stock Diseases Act, 1961 (Chapter 252) Zambia Repealed "Veterinary Officer" means a veterinary surgeon in the service of the Government and includes a Livestock Officer when instructed by the Director to exercise or perform any of the powers and duties of a Veterinary Officer.
Section 2Verify source
§ 3Notice of disease or suspected disease to be given .......................................................................................................................... 2Offence

Owners of stock with suspected disease must keep the stock separate if practicable and report it promptly; anyone notified must then tell the nearest Veterinary Officer.

3. Notice of disease or suspected disease to be given (1) Every owner of stock affected or suspected of being affected with any disease shall— (a) as far as practicable keep that stock separate from stock not so affected; (b) as soon as is reasonably practicable give notice of the stock being so affected or suspected of being so affected to the nearest departmental officer, police officer or Administrative Officer. (2) Every person, other than a Veterinary Officer, so notified, shall forthwith notify the nearest Veterinary Officer. (3) For the purpose of this section, "departmental officer" means any person employed in the Department of Veterinary and Tsetse Control Services. (4) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence.
Section 3Verify source
§ 4Power to quarantine stock, etc. ................................................................................................................................................................. 2Provision

If there is or may be a disease likely to affect stock, the Minister or an authorised officer may make orders to quarantine and control stock-related movement and sale.

4. Power to quarantine stock, etc. Whenever at any place, whether within or outside Zambia, there exists, or is suspected to exist, any disease which is likely to affect stock, the Minister or an authorised officer may make such order as he thinks fit for all or any of the following purposes: (a) (b) (c) (d) for prohibiting or regulating the introduction of any stock, carcass, article or vehicle from such place into Zambia or any portion of Zambia; for prohibiting or regulating the movement of stock, carcasses, articles or vehicles within or out of any part of Zambia named in the order; for regulating the quarantine, isolation, disinfection or treatment of stock, carcasses, articles or vehicles in any part of Zambia named in the order; for prohibiting or regulating the sale of stock, carcasses or articles in any part of Zambia named in the order.
Section 4Verify source
§ 5Power to order seizure of stock, etc. ....................................................................................................................................................... 2Repeal

The Minister or an authorised officer may order stock, carcasses, articles, or vehicles to be seized, detained, slaughtered, destroyed, or otherwise dealt with to prevent disease spread.

5. Power to order seizure of stock, etc. Whenever— (a) at any place within Zambia any stock, carcass, article or vehicle is found affected or is suspected of being affected with any disease; or (b) any stock, carcass, article or vehicle has been introduced into any place in Zambia without such permit as may be required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit; the Minister or an authorised officer may make such order as he thinks fit for all or any of the following purposes: (i) for directing that such stock, carcass, article or vehicle be seized and detained; (ii) for directing that such stock, carcass, article or vehicle be slaughtered or destroyed; (iii) for directing that such stock, carcass, article or vehicle be dealt with in such manner as is deemed necessary to prevent the spread of disease. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Stock Diseases Act, 1961 (Chapter 252) Zambia Repealed
Section 5Verify source
§ 6Power of authorised officer when any person fails or refuses to comply with an order ....................................................... 3Provision

If a person does not comply with an order under sections 4 or 5, an authorised officer may do the required thing, and the Minister may recover the cost from that person.

6. Power of authorised officer when any person fails or refuses to comply with an order (1) Whenever any person fails or refuses to do anything which he is required to do under an order made under the provisions of section four or five, an authorised officer may do or cause such thing to be done. (2) The cost of anything which an authorised officer has done or caused to be done under the provisions of subsection (1) shall be recoverable by the Minister from the person who failed or refused to comply with the order.
Section 6Verify source
§ 7Offence ................................................................................................................................................................................................................. 3Offence

A person commits an offence if they fail or refuse to do something required by an order under section 4 or 5, or if they do something that order prohibits.

7. Offence Any person who fails or refuses to do anything which he is required to do, or does anything which he is prohibited from doing, under an order made under the provisions of section four or five shall be guilty of an offence.
Section 7Verify source
§ 8Power of entry .................................................................................................................................................................................................. 3Offence

An authorised officer may enter specified places and vehicles to inspect or supervise stock and related matters, and anyone who stops or obstructs the officer commits an offence.

8. Power of entry (1) An authorised officer may enter on any land, farm or ranch or into any stable, pen, sty or outbuilding or any kraal, enclosure or vehicle and may take with him such persons, animals and things as he may deem necessary for the purposes of inspecting or examining any stock, carcass, article or vehicle or doing or causing to be done or supervising and inspecting the doing of anything which is required to be done under this Act or under any order made under the provisions of this Act. (2) Any person who prevents an authorised officer from entering on any land, farm or ranch or into any sty or outbuilding or any kraal, enclosure or vehicle or who impedes or obstructs an authorised officer in doing anything which he is empowered to do under the provisions of subsection (1) shall be guilty of an offence.
Section 8Verify source
§ 9Power to order collection of stock ........................................................................................................................................................... 3Repeal

An authorised officer may require stock to be assembled for inspection, inoculation, or another purpose allowed by the Act. A village headman receiving such an instruction must promptly tell every stock owner in the village. Failing to follow the instruction or to pass it on is an offence, and proceedings need the Director’s written consent.

9. Power to order collection of stock (1) An authorised officer may instruct the owner of any stock to assemble the stock or any part thereof at any specified place for the purposes of inspection or inoculation, or for any purpose authorised under the provisions of this Act or under any order made under the provisions of this Act. (2) Any instruction issued in accordance with the provisions of subsection (1) to the headman of a village shall be deemed to be an instruction to every owner of stock in such village: Provided that such notice is issued in writing and in such language or dialect as is commonly spoken by or understood among the majority of the inhabitants of such village. (3) The headman of a village to whom an instruction is issued in accordance with the provisions of subsection (2) shall forthwith take all reasonable steps to communicate the contents of the instruction to every owner of stock in such village. (4) Any person who— (a) fails to comply with any reasonable instruction given under subsection (1) or (2); (b) fails to communicate the contents of an instruction in accordance with the provisions of subsection (3); shall be guilty of an offence. (5) Proceedings in respect of an offence under this section shall not be taken without the written consent of the Director. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Stock Diseases Act, 1961 (Chapter 252) Zambia Repealed
Section 9Verify source
§ 10Person in control of stock in transit ..................................................................................................................................................... 4Provision

For stock in transit by train or road vehicle within or through Zambia, the railway company or transporter must appoint a person to be in control; if none is appointed, the guard or driver is treated as the person in control.

10. Person in control of stock in transit (1) Stock in transit by train within or through Zambia shall be under the control of such person as the railway company conveying the stock shall appoint, and, in default of such appointment, the guard of the train conveying such stock shall be deemed to be the person in control of the stock. (2) Stock in transit within or through Zambia by any road vehicle shall be under the control of such person as the transporter shall appoint, and, in default of such appointment, shall be deemed to be under the control of the driver of the vehicle.
Section 10Verify source
§ 11Records to be kept by carriers ................................................................................................................................................................ 4Provision

Carriers of stock by rail, and owners of vehicles carrying stock for hire or reward, must keep a record of the stock and provide it to an authorised officer on request for six months after carriage.

11. Records to be kept by carriers A railway company carrying any stock by rail or the owner of any vehicle which at any time carries stock for hire or reward shall maintain a record of all such stock carried showing the dates on which such stock was carried, the type and numbers of stock and the names and addresses of consignors and consignees and shall, during a period of six months after the date of carriage, make such record available on request to an authorised officer.
Section 11Verify source
§ 12Indemnity ......................................................................................................................................................................................................... 4Provision

This section protects authorised officers, and also other non-authorised persons, from legal action for covered acts done in good faith.

12. Indemnity (1) No action shall be brought against any authorised officer in respect of any act done by him in good faith in the execution or supposed execution of the powers vested in him under this Act, or in respect of any act done by him in good faith in carrying out or purporting to carry out the terms of an order made under this Act. (2) No action shall be brought against any person who is not an authorised officer in respect of any act done in good faith and without negligence by such person in compliance with the provisions of this Act or any direction or order given or made under this Act.
Section 12Verify source
§ 13Compensation ................................................................................................................................................................................................. 4Amendment

An owner must be paid compensation for stock slaughtered under the Act or related orders, unless the Minister gives written reasons for refusing and the owner cannot satisfy the Minister that the stock was not diseased when slaughtered.

13. Compensation Where any stock is slaughtered under the provisions of this Act or any order made thereunder, the owner shall, unless the Minister gives in writing to the owner his reasons for refusing, be paid compensation from such funds as may be appropriated by Parliament for this purpose for such stock, if he proves to the satisfaction of the Minister that the stock was not suffering from disease at the time of its slaughter. [As amended by G.N. No. 319 of 1964]
Section 13Verify source
§ 14Penalty .............................................................................................................................................................................................................. 4Amendment

A person who commits an offence under this Act or related regulations/orders can be fined up to 3,000 penalty units, jailed for up to 6 months, or both.

14. Penalty Any person guilty of an offence under the provisions of this Act or any regulation or order made thereunder shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. [As amended by Act No. 13 of 1994]
Section 14Verify source
§ 15Regulations ...................................................................................................................................................................................................... 4Repeal

The Minister may make regulations on stock disease control matters, and those regulations can create offences and penalties for non-compliance.

15. Regulations (1) For the purpose of carrying out the provisions of this Act, the Minister may, by statutory instrument, make regulations concerning any of the following matters: (a) (b) regulating or prohibiting the introduction into Zambia of any stock, carcass, article or vehicle; regulating or prohibiting the movement of any stock, carcass, article or vehicle within any portion of Zambia or providing for the compulsory branding of any stock; (c) providing for the compulsory disinfection, whether by inoculation, dipping or otherwise, of any stock, carcass, article or vehicle, within any portion of Zambia; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Stock Diseases Act, 1961 (Chapter 252) Zambia Repealed (d) providing for the disinfection of any place or building suspected of being infected with any disease within any portion of Zambia; (e) prescribing the circumstances under which stock, whether such stock is suspected of being affected with disease or not, may or shall, as the case may be, be destroyed and the manner in which and by whom such destruction shall, or may, be carried out and the manner in which carcasses shall be disposed of; (f) regulating or prohibiting the importation into or manufacture or distribution within Zambia of any virus, vaccine, serum or analogous product used for the diagnosis or treatment of stock diseases of animals, or of any animal semen; (g) generally for the prevention and control of disease; (h) prescribing the fees to be paid for anything done or to be done under this Act. (2) Any such regulations may provide that any person who contravenes or fails to comply with such regulations shall be guilty of an offence against this Act, and may further provide that, unless some other penalty is in such regulations specifically provided therefor, such person shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. [As amended by G.N. No. 319 of 1964 and Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5
Section 15Verify source

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  • Director. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Stock Diseases Act, 1961

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