Animal Identification Act, 2010

3. Short title Interpretation Application of Act PART I PRELIMINARY PART II ADMINISTRATION

4. Appointment of Registrar of Animal Identification and other staff

5. Powers of Registrar PART III REGISTRATION ·,,

7. Application for registration of identification mark

9. Validity ofidentification mark IO Renewal of identification mark 11 Duties of owners of animals 12 Transfer of identification mark 13 Cancellation of certificate ofregistration ofidentification mark 14 Registration of marking operators 15 Register 16 Publication of copies of Register 17 Use of identification mark by unauthorised person 18 Offences related to marking of animals

19 . Appeals PART IV GENERAL PROVISIONS 20 Evidence 21 Burden of proof 22 Regulations 23 Repeal of Cap. 244

6. (!). An owner ofan animal shall mark an animal with an identification mark in accordance with the provisions of this Act. Compulsory animal identification (2) A person who contravenes subsection (I) commits an offence and is liable, upon conviction, to a fine not exceeding sixty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

7. (!) An owner ofan animal shall apply for the registration of an identification mark to the Registrar in the prescribed manner and form upon payment of the prescribed fee. (2) The Registrar shall, where an application for the registration of an identification mark complies with the requirement of this Act-- Application for registration of identification mark , I -- - -- ---- 438 No. 28 of 2010) Animal Identification Use of identification mark by unauthorised person Offences related to marking of animals (2) Subject to this Act, a copy of the last published and printed Register shall be evidence admissible in all legal proceedings of what is contained in that Register and the absence of an identification mark from that copy, shall be prima facie evidence that the identification mark is not registered.

17. A person, not being the registered proprietor of an identification mark and not acting with the authority of such proprietor, who imposes or causes to be imposed upon an animal, the registered identification mark or an unregistered identification mark commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

18. (I) A person who- (a) marks or allows an animal to be marked with a mark which is not an identification mark registered under this Act; (b) marks or allows an animal to be marked with an identification mark without the authorisation of the owner of such identification mark; (c) marks or allows an animal to be marked with an identification mark otherwise than in the prescribed manner; (d) marks or allows an animal to be marked with an identification mark which is registered in the name of a person who is not the owner of the animal; (e) marks or allows an animal to be marked with an identification mark which is not a prescn'bed identification mark in respect of the group to which the animal belongs; or (I) uses more than one identification mark in respect of the same group of animals, unless the registration of all the identification marks was obtained under this Act; commits an offence and is liable, upon conviction, to a fine nor exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both. (2) A person who- (a) is a marking operator and fails to keep a register in terms of this Act; (b) has in that person's possession an animal that is not marked in accordance with, or in a manner allowed by, this Act; (c) alters, mutilates or cancels an identification mark on an animal; Animal Identification [No. 28 of2010 439 (d) sells to any person an animal on which an identification mark has been altered, mutilated or cancelled; (e) hinders or obstructs an officer or police officer in the execution of the officer's or police officer's duties or powers under this Act; (I) fails or refuses to produce, when required under this Act by the Registrar or a police officer to do so, any animal or other thing in that person's possession or under that person's control; Act; (g) alters a certificate of registration issued under this Act; (h) fails to comply with, or contravenes, any provision of this (i) in any application made in terms of this Act, makes or causes to be made a statement which is false; (j} falsely holds oneself out to be the Registrar or an officer approved under this Act; or (k) marks animals for financial gain without being registered as a marking operator; commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

19. (I) A person who is aggrieved with a decision of the Appeals Registrar under this Act may, within thirty days of receiving the decision, appeal to the Minister. (2) A person who is aggrieved with a decision of the Minister under subsection (!) may, within thirty days of receiving the decision, appeal to the High Court. PART IV GENERAL PROVISIONS

24. Transitional provisions in relation to existing certificates of registration Single copies of this Act may be obtained from the Government Printer. P.O. Box 30136, JOJO/ Lusaka. Price KS,000 each ,, • 432 Animal Identification [No. 28 of2010 435 (2) A warrant referred to in subsection (1) shall be issued by a magistrate who has jurisdiction in the area in which the place or facility in question is situated, if it appears from information on oath that there are reasonable grounds to believe that any material, substance, appliance, book, statement or document that may relate to a contravention of this Act is in or upon such place or facility. (3) Where no criminal proceedings are instituted in connection with any item seized under subsection ( 1 ), or if it appears that such item is not required at any trial for the purpose of evidence or an order of court, the Registrar shall return that item as soon as possible to the person from whom it was seized. ( 4) After the conclusion of criminal proceedings, an item seized pursuant to subsection (1) and which served as an exhibit in proceedings in which a person was convicted, shall be handed over to the Registrar to be destroyed or otherwise dealt with as instructed by the Registrar. (5) The Registrar may delegate to an officer any of the powers of the Registrar under this section. (6) A person who- Registrar's powers; (a) delays or obstructs the Registrar in the exercise of the (b) refuses to give the Registrar such reasonable assistance as the Registrar may require for the purpose of exercising the Registrar's powers; or (c) gives the Registrar false or misleading information in answer to an inquiry made by the Registrar; commits an offence and is liable, upon convicti_on, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both. PART III REGISTRATION

20. In any legal proceedings a certificate or computer printout Evidence purporting to have been issued by the Registrar regarding the registration, or the transfer or cancellation of the registration, of an identification mark under this Act, or the ownership of an identification mark, or any other particulars contained in the Register, shall upon production in such proceedings be primafacie evidence of the facts stated in it.

21. On the trial of a person who is apprehended in possession Burden of of an animal marked with a registered identification mark, a carcass proof or parts of a carcass without any identification and upon proof being given of the ownership of such animal and that a theft thereof has been committed, the onus of proof that such animal was lawfully or innocently in that person's possession shall rest upon the accused person. 440 No. 28 of 2010] Animal Identification Regulations

22. (I) The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (I), the regulations made pursuant to that subsection may provide for­ (a) the forms in which applications for and certificates of registration shall be made; (b) the form and manner of giving any notice required by this Act; (c) the form in which any transfer of the right to any registered identification mark shall be effected; (d) the size, shape, pattern and composition of identification marks; (e) the size, shape and construction of marking instruments; (j) the age which animals should have attained before they are marked; (g) the manner in which, the parts on which and the material with which animals shall or may not be marked; (h) the conditions on which an owne� of animals may obtain the registration of more than one identification mark in respect of the same group of animals; (i) the fees to be paid under the provisions of this Act; (j) the system and procedure to be observed by the Registrar in allocating identification marks; and (k) anything which may be required for the better carrying into effect of the provisions of this Act. (2) The Minister may make different regulations in respect of different kinds of identification marks, different groups of animals and different areas. (3) Such regulations may impose a penalty not exceeding two hundred thousand penalty units for any breach thereof or, in default of payment of such fine, imprisonment for a period not exceeding two years.

23. The Brands Act, 1913, is hereby repealed.

24. (I) A person who holds a certificate of registration issued under the repealed Act shall, within a period of one year from the commencement of this Act, apply to the Director for a certificate of registration of an identification mark, in accordance with the provisions of this Act. (2) For the avoidance of doubt, all certificates of registration issued under the repealed Act shall cease to be valid one year after the commencement of this Act. Repeal of Act No. 12 of1913 Transitional provisions in relation to existing certificates of registration