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Animal Identification and Traceability Act, 2024

This Act applies to animals, animal products, animal by-products, areas, and persons declared by the Minister by notice in the Gazette. The Animal Identification and Traceability Unit is establish…

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Jurisdiction
Zambia
Structure
51 provisions
Citation
Act 2 of 2024
Dates
As at 18 Apr 2024
More statute details
Dates
As at 18 Apr 2024

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01

Purpose and legislative effect

“This Act applies to animals, animal products, animal by-products, areas, and persons declared by the Minister by notice in the Gazette.”

This Act applies to animals, animal products, animal by-products, areas, and persons declared by the Minister by notice in the Gazette. The Animal Identification and Traceability Unit is established in the ministry responsible for livestock and must implement the Act. The Unit must carry out a range of functions on animal identification and traceability, including registering animals, issuing certificates and marks, maintaining a database, coordinating with government agencies, and providing training. The Civil Service Commission must appoint a Traceability Officer, Assistant Traceability Officers, and any other necessary staff. The Traceability Officer is responsible for day-to-day administration and may delegate functions in writing, subject to the Act and the Director’s directions. The Traceability Officer may inspect, search, seize, detain, and collect copies or samples in certain cases, and people must not obstruct or mislead the officer.

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Application

This Act applies to animals, animal products, animal by-products, areas, and persons declared by the Minister by notice in the Gazette.

Section 3

Suspension or cancellation of animal identification mark

The Traceability Officer may suspend or cancel an animal identification mark certificate in specified cases, but must first notify the holder and give a chance to show cause. If the certificate is cancelled, the holder must surrender it…

Section 28

Repeal of Act No. 28 of 2010, and savings and transitional

This section repeals the Animal Identification Act, 2010, keeps existing registration certificates valid until they expire, are revoked, or are surrendered, and directs pending registration applications to be handled under this Act when it commences.

Section 53

04

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Source record from zambialii.org · As at 18 Apr 2024

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Showing 51 of 51 provisions

Provision 35Offence 15Commencement
§ 3ApplicationProvision

This Act applies to animals, animal products, animal by-products, areas, and persons declared by the Minister by notice in the Gazette.

3. This Act applies to animals, animal products, animal by- products, areas and persons declared by the Minister by notice in the Gazette.
Section 3Verify source
§ 4Establishment of Animal Identification and Traceability UnitProvision

The Animal Identification and Traceability Unit is established in the ministry responsible for livestock and must implement the Act.

4. PART II THE ANIMAL IDENTIFICATION AND TRACEABILITY UNIT (1) There is established in the ministry responsible for livestock the Animal Identification and Traceability Unit which shall be responsible for the implementation of the provisions of this Act. (2) The Unit shall be under the department responsible for veterinary services in the ministry responsible for livestock. (3) The Unit shall, under the general direction of the department responsible for veterinary services in the ministry responsible for livestock, collaborate with other Government agencies, local authorities, traditional authorities and the private sector in the implementation of this Act.
Section 4Verify source

Part

PART II

§ 5Functions of UnitProvision

The Unit must carry out a range of functions on animal identification and traceability, including registering animals, issuing certificates and marks, maintaining a database, coordinating with government agencies, and providing training.

5. Subject to the other provisions of this Act, the functions of the Unit are to— (a) design, develop and manage an animal identification and traceability system for the Republic; (b) register animals; (c) issue premises certificates, animal identification mark certificates and agent certificates; (d) develop and issue animal identification marks for the purpose of identification and traceability of animals, animal products and animal by-products; (e) develop, maintain and manage a database and information system of premises issued with premises certificate and registered animals under this Act; (f)coordinate with other Government agencies on the identification and traceability of animals, animal products and animal by-products; (g) issue operational guidelines and standards of operating procedures on identification and traceability of agents, traders, owners of animals, animals, animal products and animal by-products; (h) liaise and collaborate with regional and international organisations on matters relating to the identification, registration and traceability of animals, animal products and animal by-products; (i) provide training programmes and capacity building to local authorities in coordinating and supervising the implementation of the provisions of this Act; and (j)perform any other functions conferred on the Unit under this Act. Animal Identification and Traceability [No. 2 of 2024 27
Section 5Verify source
§ 6Traceability Officer and other staffProvision

The Civil Service Commission must appoint a Traceability Officer, Assistant Traceability Officers, and any other necessary staff. The Traceability Officer is responsible for day-to-day administration and may delegate functions in writing, subject to the Act and the Director’s directions.

6. (1) The Civil Service Commission shall appoint, as public officers, a Traceability Officer, Assistant Traceability Officers and other staff as may be necessary for the performance of the functions of the Unit. Traceability Officer and other staff Powers of Traceability Officer (2) The Traceability Officer shall be responsible for the day-to- day administration of the Unit, under the general and special directions of the Director. (3) The Traceability Officer may, subject to the other provisions of this Act, and to the general or special directions of the Director, delegate in writing, any of the Traceability Officer’s functions to an Assistant Traceability Officer or other member of staff of the Unit. (4) Despite subsection (3), the Traceability Officer may delegate any of the Traceability Officer ’s functions to an agent as prescribed.
Section 6Verify source
§ 7Powers of Traceability OfficerOffence

The Traceability Officer may inspect, search, seize, detain, and collect copies or samples in certain cases, and people must not obstruct or mislead the officer.

7. (1) The Traceability Officer may, for the purpose of enforcing the provisions of this Act, at any reasonable time, without prior notice, enter any premises or transport vessel that the Unit has reasonable grounds to believe is used for the commission of an offence or contrary to the provisions of this Act, and— (a) search the premises or transport vessel where an animal identifying device may be found, or where an animal, animal product or animal by-product, may be found or processed for the purposes of inspection and data collection; (b) open and examine any container, package or transport vessel suspected to contain an animal, animal product, animal by-product, animal identifying device, certificate or document so as to ensure compliance with the Act; (c) inspect an animal, animal product or animal by-product destined for import into, or export from, the Republic to determine whether the consignment complies with the provisions of the Act; (d) remove part of an animal, animal product or animal by- product in order to facilitate the examination of the animal, animal product or animal by-product for purposes of identification and tracing; 28 No. 2 of 2024] Animal Identification and Traceability (e) search any person on the premises or transport vessel if the Traceability Officer has reasonable grounds to believe that the person has possession of an article, document or record that has a bearing on an inspection or investigation, except that a person shall only be searched by a person of the same sex; (f) take extracts from, or make copies of, any book, document or record that is on the premises or transport vessel that has a bearing on an inspection or investigation; (g) detain an animal, animal product, animal by-product, animal identifying device, transport vessel, certificate or document in respect of which this Act applies for a period until investigations or court proceedings in respect of which they are detained are concluded at the expense of the owner or that owner’s representative; (h) demand the production of, and inspect, relevant certificates; (i) seize an animal, animal product, animal by-product, animal identifying device, certificate or document that the Traceability Officer has reasonable grounds to believe has been used to contravene this Act; or (j) make inquiries that may be necessary to ascertain whether the provisions of this Act or any other law on which an inspection or investigation is based, have been complied with. (2) The Traceability Officer may, in the performance of the Traceability Officer’s functions under this section, be accompanied and assisted by a law enforcement officer. (3) A Traceability Officer who removes anything from any premises or transport vessel shall— (a) issue a receipt for anything removed to the owner or the person in control of the premises, or transport vessel; and (b) return anything removed as soon as practicable after the thing removed has served the purpose for which it was removed. (4) A person commits an offence if that person— (a) delays or obstructs the Traceability Officer in the performance of the Traceability Officer’s functions under this Act; Animal Identification and Traceability [No. 2 of 2024 29 (b) refuses to give the Traceability Officer reasonable assistance as the officer may require for the purpose of performing the Unit’s functions; (c) impersonates the Traceability Officer or presents oneself to be an officer from the Unit; or (d) willfully gives the Traceability Officer false or misleading information in answer to an inquiry made by the Traceability Officer. (5) A person who contravenes subsection (4) is liable, on conviction, to a fine not exceeding sixty thousand penalty units or to imprisonment for a term not exceeding six months, or to both.
Section 7Verify source
§ 8Restoration of propertyProvision

The Traceability Officer must restore seized listed property without unnecessary delay if the person is found not guilty or the case is withdrawn, unless the person cannot be found or will not receive it back; otherwise the officer may seek forfeiture through court procedures.

8. (1) The Traceability Officer shall, where a person from whom an animal, animal product, animal by-product or animal identifying device, certificate or document has been seized under this Act is found not guilty or the proceedings against that person are withdrawn— Resto rat ion of property (a) without unnecessary delay, restore the animal, animal product, animal by-product, animal identifying device, certificate or document to that person; or (b) where the Traceability Officer is satisfied that the person cannot be found or is unwilling to receive back the article or property, apply to the court for an order of forfeiture of the animal, animal product, animal by-product or animal identifying device, certificate or document. (2) Subject to the Forfeiture of Proceeds of Crime Act, 2010, the court shall make an order of forfeiture under subsection (1) if— Act No.19 of 2010 (a) the Traceability Officer has given notice, by publication in the Gazette and in a daily newspaper of general circulation in the Republic, to the effect that the animal, animal product, animal by-product, animal identifying device, certificate or document which has been seized under this Act shall vest in the State if it is not claimed within three months from the date of publication of the notice; and (b) three months after the giving of the notice under paragraph (a), the animal, animal product, animal by-product, animal identifying device, certificate or document remains unclaimed. 30 No. 2 of 2024] Animal Identification and Traceability (3) Where a claim is made, in writing, by any person that is lawfully entitled to the animal, animal product, animal by-product, animal identifying device, certificate or document seized under this Act, that the animal, animal product, animal by-product, animal identifying device, certificate or document is not liable to forfeiture under this Act, the Traceability Officer may order the release of the animal, animal product, animal by-product, animal identifying device, certificate or document to the claimant if satisfied that there is no dispute concerning the ownership of the animal, animal product, animal by-product, animal identifying device, certificate or document and that it is not liable to forfeiture. (4) The Traceability Officer shall refer a claim to the court where a claim of ownership is made in relation to the animal, animal product, animal by-product, animal identifying device, certificate or document seized under this Act and the Traceability Officer finds that— (a) there is a dispute regarding the ownership of the animal, animal product, animal by-product, animal identifying device, certificate or document; (b) there is insufficient evidence to determine the ownership of the animal, animal by-product, animal identifying device, certificate or document; or (c) the Traceability Officer is unable to ascertain whether the animal, animal product, animal by-product or animal identifying device, certificate document is liable to forfeiture or not.
Section 8Verify source
§ 9ImmunityProvision

Officers of the Unit and law enforcement officers are protected from actions for acts done in good faith and without negligence while carrying out powers under the Act.

9. An action shall not lie against an officer of the Unit or a law enforcement officer, in respect of any act done by the officer or law enforcement officer in good faith and without negligence in the execution of the powers vested in the officer or law enforcement officer under this Act. PART III ANIMAL IDENTIFICATION AND TRACEABILITY SYSTEM (1) The animal identification and traceability system designed, developed and managed in accordance with section 5(a) shall consist of the following components:
Section 9Verify source

Part

PART III

§ 10Components of animal identification and traceability systemProvision

The Unit may issue different guidelines for animal identification and traceability systems for different species, products, by-products, premises, areas, and establishments.

10. (a) registration of animal identification marks; (b) maintenance of premises records; (c) issuance of animal identification marks and traceability of animals; and (d) other mechanisms that facilitate animal identification and traceability. Immunity Components of animal identification and traceability system Animal Identification and Traceability [No. 2 of 2024 31 (2) The Unit may develop different guidelines for identification and traceability systems for different animal species, animal products, animal by-products, premises, areas and establishments.
Section 10Verify source
§ 11Prohibition of dealing in unidentified animal, animal productOffence

A person must not deal with animals, animal products, or animal by-products that are not identified under the Act.

11. (1) A person shall not— (a) sell, move, or present for slaughter or any other purpose, an animal that is not identified in accordance with this Act; (b) sell, move, or present for another purpose, an animal product or animal by-product that is not identified in accordance with this Act; (c) process an animal, animal product or animal by-product that is not identified in accordance with this Act; or (d) exhibit, store, distribute, import or export, or market an animal, animal product or animal by-product that is not identified in accordance with this Act. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than seventy five thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a period of not less than six months but not exceeding two years, or to both. (3) For purposes of this Act, an animal movement permit, import or export permit, or registration certificates issued under the Animal Health Act, 2010, may be used for the traceability of an animal, animal product or animal by-product.
Section 11Verify source
§ 12Compulsory animal, animal product and animal by-productOffence

A person must identify animals, animal products, or animal by-products using an animal identification mark issued under the Act.

12. (1) A person shall cause to be identified an animal, animal product or animal by-product using an animal identification mark issued under this Act. (2) Despite subsection (1) where an animal, animal product or animal by-product cannot be physically identified by a person, the animal identification mark issued to a person under this Act shall be used to identify a batch or a group of animals, animal products or animal by-products. (3) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than thirty thousand penalty units but not exceeding sixty thousand penalty units or to imprisonment for a period of not less than three months but not exceeding six months, or to both. Prohibition of dealing in unidentified animal, animal product or animal by- product Act No. 27 of 2010 Compulsory animal, animal product and animal by- product identification 32 No. 2 of 2024] Animal Identification and Traceability Specifica- tions for animal identification marks and devices for marking animals Internal traceability system Transfer of animal identifying device Surrender of used animal identifying device Traceability of imported, exported or in transit animal, animal product or animal by- product Act No. 27 of 2010 Disease control zonal marks
Section 12Verify source
§ 13Specifications for animal identification marks and devicesProvision

The Traceability Officer must, by notice in the Gazette, set the features, standards and specifications for animal identification marks and devices, and set the age when an animal must be identified.

13. The Traceability Officer shall, by notice in the Gazette— (a) specify the generic features an animal identification mark that an animal species shall have; (b) issue standards and specifications for animal identification marks and devices used for marking animals; and (c) specify the age at which an animal shall be identified.
Section 13Verify source
§ 14Internal traceability systemOffence

Owners of animals or operators must keep and maintain an internal traceability system.

14. (1) An owner of animals or operator shall keep and maintain an internal traceability system for the purposes of tracing animals, animal products and animal by-products at the premises in a prescribed manner. (2) An owner of animals or operator who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units.
Section 14Verify source
§ 15Transfer of animal identifying deviceOffence

An animal identifying device must not be transferred to another animal unless the Traceability Officer approves it.

15. (1) An animal identifying device shall not be transferred to another animal without the approval of the Traceability Officer . (2) A person who contravenes subsection (1) commits an offence.
Section 15Verify source
§ 16Surrender of used animal identifying deviceOffence

A person must surrender an unused animal identifying device to the Traceability Officer as prescribed.

16. (1) A person shall surrender as prescribed, to the Traceability Officer an animal identifying device for animals identified individually once that identifying device is no longer in use. (2) A person who contravenes subsection (1) commits an offence.
Section 16Verify source
§ 17Traceability of imported, exported or in transit animal, animalProvision

An import permit, export permit, or sanitary compliance certificate must be used to trace covered animals and animal products that are imported, exported, or in transit.

17. An import permit, export permit or sanitary compliance certificate issued under the Animal Health Act, 2010, shall be used to trace an animal, animal product or animal by product that is imported, exported or in transit.
Section 17Verify source
§ 18Disease control zonal marksProvision

The Traceability Officer must publish, in the Gazette, a list of disease control zonal marks and the animal species they apply to.

18. (1) The Traceability Officer shall, by notice in the Gazette, publish a list of disease control zonal marks used in designated areas of the Republic and the animal species to which the disease control zonal marks apply. (2) The disease control zonal marks shall be used together with the animal identification marks issued under section 21 or 22. Animal Identification and Traceability [No. 2 of 2024 33 PART IV REGISTRATION OF ANIMAL IDENTIFICATION MARKS AND NOTIFICATION OF PREMISES
Section 18Verify source

Part

PART IV

§ 19Prohibition of operation of unnotified premises and keeping,Offence

A person must not operate unnotified premises or keep, sell, buy, transfer, or otherwise dispose of unidentified animals.

19. (1) A person shall not operate on premises in respect of which notification is not given in accordance with this Act. (2) A person shall not keep, sell, buy, transfer or otherwise dispose of animals that are not identified in accordance with this Act. (3) A person who contravenes this section commits an offence and is liable, on conviction, to a fine of not less than thirty thousand penalty units but not exceeding sixty thousand penalty units or to imprisonment for a period of not less than three months but not exceeding six months, or to both.
Section 19Verify source
§ 20Notification of premisesProvision

An operator must notify the Traceability Officer of the premises in the prescribed form and manner, and pay the prescribed fee. The Traceability Officer must issue a premises certificate within 30 days after receiving the notification.

20. (1) An operator shall, for the purpose of recording the addresses of the premises of the operator, notify the Traceability Officer of the premises in the prescribed manner and form on payment of the prescribed fee. (2) The Traceability Officer shall, within thirty days of receipt of the notification under subsection (1), issue the operator with a premises certificate in the prescribed manner and form. (3) A premises certificate is valid for the duration of the operation.
Section 20Verify source
§ 21Application for registration of animal identification markProvision

An animal owner must apply to the Traceability Officer for an animal identification mark in the prescribed form and pay the prescribed fee.

21. (1) An owner of animals shall apply for an animal identification mark to the Traceability Officer in the prescribed manner and form on payment of the prescribed fee. (2) The Traceability Officer shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Traceability Officer shall, where the Traceability Officer rejects an application, inform the applicant in writing stating the reasons for the rejection. (4) The Traceability Officer shall, where an applicant satisfies the prescribed requirements, issue to the applicant an animal identification mark certificate in the prescribed manner and form. (5) The animal identification mark certificate issued under subsection (4) shall also serve as a premises certificate for the place where the animals are raised.
Section 21Verify source
§ 22Application for special animal identification markProvision

A person seeking to register a special animal identification mark must apply to the Traceability Officer, pay the prescribed fee, and publish the mark. Others may oppose the application within 30 days, and the Officer must reject or issue a certificate depending on the requirements and any valid opposition.

22. (1) A person who intends to register a special animal identification mark shall apply to the Traceability Officer in the prescribed manner and form on payment of the prescribed fee. Prohibition of operation on unnotified premises and keeping, etc, of unidentified animals Notification of premises Application for registration of animal identification mark Application for special animal identification mark 34 No. 2 of 2024] Animal Identification and Traceability (2) An applicant for the registration of a special animal identification mark shall publish, in the Gazette and in a newspaper or other media of wide circulation in the Republic, the special animal identification mark applied for. (3) A person claiming ownership of an animal identification mark that is identical to the special animal identification mark published in accordance with subsection (2) may oppose the application, in the prescribed manner and form, within thirty days of the publication. (4) The Traceability Officer shall, where the person opposing the application establishes ownership of an animal identification mark identical to the special animal identification mark the applicant has applied to register, reject the application and inform the applicant, in writing stating the reasons for the rejection. (5) The Traceability Officer shall, where an application under this section satisfies the prescribed requirements, issue the applicant with an identification mark certificate in the prescribed manner and form, within sixty days of the publication of the special animal identification mark in accordance with subsection (2). (6) Where the Traceability Officer fails to inform the applicant of its decision on an application for a special animal identification mark, within the period specified in subsection (5), the application shall be deemed to have been granted.
Section 22Verify source
§ 23Duration of animal identification mark certificateProvision

An animal identification mark certificate remains valid for a period that may be prescribed.

23. An animal identification mark certificate issued under this Act shall be valid for a period that may be prescribed.
Section 23Verify source
§ 24Renewal of animal identification mark certificateProvision

A certificate holder may apply for renewal 30 days before expiry, and the Traceability Officer must decide within 30 days and issue a renewed certificate if the requirements are met.

24. (1) A holder of an animal identification mark certificate may, thirty days before the expiration of the validity of the animal identification mark certificate, apply to the Traceability Officer for the renewal of the animal identification mark certificate in the prescribed manner and form. (2) The Traceability Officer shall, within thirty days of receiving an application for the renewal of an animal identification mark certificate, approve or reject the application. (3) The Traceability Officer shall, where an application is rejected, inform the applicant in writing stating the reasons for the rejection. Duration of animal identification mark certificate Renewal of animal identification mark certificate Animal Identification and Traceability [No. 2 of 2024 35 (4) The Traceability Officer shall, where the application satisfies the prescribed requirements, issue the applicant with a renewed animal identification mark certificate in the prescribed form. (5) Despite section 23, an animal identification mark certificate that is the subject of an application for renewal in accordance with subsection (1) remains valid until the Traceability Officer makes a decision on the application for its renewal.
Section 24Verify source
§ 25Transfer of animal identification mark certificateProvision

A certificate holder may not transfer an animal identification mark without prior approval, and must apply to the Traceability Officer if they want to transfer it.

25. (1) A holder of an animal identification mark certificate shall not transfer an animal identification mark to another person without the prior approval of the Traceability Officer. Transfer of animal identification mark (2) A holder of an identification mark who intends to transfer an animal identification mark shall apply to the Traceability Officer in the prescribed manner and form on payment of the prescribed fee. (3) The Traceability Officer shall, within thirty days of receiving an application under subsection (1), grant or reject the application. (4) The Traceability Officer shall, where the Traceability Officer rejects the application, inform the applicant in writing stating the reasons for the rejection. (5) The Traceability Officer shall, where the application satisfies the prescribed requirements, cancel the animal identification mark certificate issued to the applicant and issue the transferee with an animal identification mark certificate in the prescribed manner and form.
Section 25Verify source
§ 26Change in detailsProvision

A certificate holder must tell the Traceability Officer about any change to the certificate details within 7 days.

26. A holder of a certificate issued under this Part shall notify the Traceability Officer of any change in the particulars relating to the certificate within seven days of the change.
Section 26Verify source
§ 27Surrender of certificateProvision

If a certificate holder stops the related business or activity, they must notify the Traceability Officer in writing and agree the surrender terms. The officer must cancel a surrendered certificate. After cancellation, the affected person may seek re-notification or re-registration within 30 days, subject to the prescribed procedure and fee.

27. (1) Where the holder of a certificate issued under this Part decides to discontinue the business or activity to which the certificate relates, the holder of the certificate shall notify the Traceability Officer, in writing, and shall agree with the Traceability Officer on the terms of the surrender of the certificate. (2) The Traceability Officer shall cancel a certificate surrendered under subsection (1). (3) Subject to subsection (4), a person whose certificate is cancelled under this section may, in the prescribed manner and form and on payment of the prescribed fee, in the case of— (a) premises, re-notify the Traceability Officer of the intention to operate on the premises; or (b) an animal identification mark, apply for re-registration of the animal identification mark. Change in details Surrender of certificate 36 No. 2 of 2024] Animal Identification and Traceability Suspension or cancellation of animal identification mark certificate (4) A notification or an application for re-registration under subsection (3) may be made within thirty days from the date of cancellation of the certificate.
Section 27Verify source

Part

Part decides to discontinue the business or activity to which the

§ 28Suspension or cancellation of animal identification markOffence

The Traceability Officer may suspend or cancel an animal identification mark certificate in specified cases, but must first notify the holder and give a chance to show cause. If the certificate is cancelled, the holder must surrender it within 30 days, and failure to do so is an offence.

28. (1) Subject to the other provisions of this Act, the Traceability Officer may suspend or cancel an animal identification mark certificate if the holder of the animal identification mark certificate— (a) obtained the animal identification mark certificate through fraud, misrepresentation or concealment of a material fact; (b) fails to comply with any term or condition of the certificate of registration; or (c) operates the registered business activity in contravention of this Act or any other relevant written law. (2) The Traceability Officer shall, before suspending or cancelling an animal identification mark certificate in accordance with subsection (1), notify the holder of the animal identification mark of the Traceability Officer’s intention to suspend or cancel the certificate and shall— (a) give reasons for its intended suspension or cancellation; and (b) require the holder of the animal identification mark certificate to show cause, within a period of not more than thirty days, why the certificate should not be suspended or cancelled. (3) The Traceability Officer shall not suspend or cancel an animal identification mark certificate under this section if the holder takes remedial measures to the satisfaction of the Traceability Officer within the period referred to in subsection (2) (b). (4) The Traceability Officer shall suspend or cancel an animal identification mark certificate if the holder, having been notified in accordance with subsection (2), does not— (a) show cause to the satisfaction of the Traceability Officer why the certificate should not be suspended or cancelled; or (b) take remedial measures to the satisfaction of the Traceability Officer within the period specified in subsection (2) (b). (5) A holder of an animal identification mark certificate that is cancelled shall, within thirty days of being notified of the cancellation, surrender the certificate to the Traceability Officer. Animal Identification and Traceability [No. 2 of 2024 37 (6) A person who contravenes subsection (5) commits an offence. (7) Subject to subsection (8), a person whose animal identification mark certificate is cancelled may apply for re- registration of an animal identification mark certificate in the prescribed manner and form and on payment of the prescribed fee, if that person takes remedial measures to the satisfaction of the Traceability Officer. (8) An application for re-registration of an animal identification mark may be made within thirty days from the date of the cancellation of the animal identification mark certificate.
Section 28Verify source
§ 29Duplicate certificateProvision

A person whose certificate is destroyed or lost may apply to the Traceability Officer for a duplicate certificate, and the officer may issue it. A person may not practice as an agent, impersonate an agent, or use the title of an agent unless registered as an agent under the Act.

29. (1) A person whose certificate is destroyed or lost may apply to the Traceability Officer for a duplicate certificate in the prescribed manner and form on payment of the prescribed fee. Duplicate certificate (2) The Traceability Officer may, on receipt of an application under subsection (1), issue to the applicant a duplicate certificate. PART V ANIMAL IDENTIFICATION AND TRACEABILITY AGENTs (1) A person shall not practice as an agent, impersonate or use the title of an agent unless that person is registered as an agent under this Act.
Section 29Verify source

Part

PART V

§ 30Prohibition of acting as agent without registrationOffence

A person who contravenes subsection (1) commits an offence and can be fined up to 700,000 penalty units or imprisoned for up to 7 years, or both.

30. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a term not exceeding seven years, or to both.
Section 30Verify source
§ 31Agent may act on behalf of applicantProvision

An agent may act for an applicant in matters or proceedings under this Act before the Traceability Officer, subject to this Act.

31. Subject to this Act, an agent may act on behalf of an applicant in connection with any matter or proceeding under this Act before the Traceability Officer.
Section 31Verify source
§ 32Application for registration as agentProvision

A person may apply to register as an agent by using the prescribed form and paying the prescribed fee. The Traceability Officer must decide within 30 days, give written reasons if refusing, and issue a certificate if the applicant meets the Act’s requirements.

32. (1) A person who intends to be registered as an agent may apply to the Traceability Officer in a prescribed manner and form on payment of a prescribed fee. (2) The Traceability Officer shall, within thirty days of receipt of an application under subsection (1), approve or reject the application. (3) The Traceability Officer shall, where the Traceability Officer rejects an application, inform the applicant in writing stating the reasons for the rejection. (4) The Traceability Officer shall, where an applicant satisfies the requirements under this Act, issue to the applicant an agent certificate in the prescribed manner and form. Prohibition of acting as agent without registration Agent may act on behalf of applicant Application for registration as agent 38 No. 2 of 2024] Animal Identification and Traceability Eligibility for registration as agent (5) Where the Traceability Officer fails to inform the applicant of its decision on an application for registration as an agent, within the period specified in subsection (2), the application shall be deemed to have been granted.
Section 32Verify source
§ 33Eligibility for registration as agentProvision

A person may be registered as an agent only if they meet the listed eligibility conditions.

33. (1) A person is eligible to be registered as an agent if that person is— (a) a citizen or holder of a residence permit; (b) domiciled in the Republic; (c) not legally disqualified from performing the functions of an agent; (d) not an undischarged bankrupt; and (e) not a body corporate. (2) For purposes of this section— Cap. 1 Constitution; and “citizen” has the meaning assigned to the word in the Act No. 18 of 2010 Duration of agent certificate Renewal of agent certificate “residence permit” has the meaning assigned to the words in the Immigration and Deportation Act, 2010.
Section 33Verify source
§ 34Duration of agent certificateProvision

An agent certificate lasts for three years.

34. An agent certificate is valid for a period of three years.
Section 34Verify source
§ 35Renewal of agent certificateProvision

A holder of an agent certificate may apply for renewal before expiry, and the Traceability Officer must decide within 30 days.

35. (1) A holder of an agent certificate may, thirty days before the expiry of the period of validity of the agent certificate, apply to the Traceability Officer for the renewal of the agent certificate in a prescribed manner and form on payment of the prescribed fee. (2) The Traceability Officer shall, within thirty days of receiving an application for the renewal of an agent certificate, approve or reject the application. (3) The Traceability Officer shall, where the Traceability Officer rejects the application, inform the applicant in writing stating the reasons for the rejection. (4) The Traceability Officer shall, where the application satisfies the requirements under this Act, issue the applicant with a renewed agent certificate in the prescribed form. (5) Despite section 34, an agent certificate that is the subject of an application for renewal in accordance with subsection (1) remains valid until the Traceability Officer makes a decision on the application for its renewal. Animal Identification and Traceability [No. 2 of 2024 39 (1) An agent certificate shall not be transferred to a third
Section 35Verify source
§ 36Prohibition of transfer of agent certificateOffence

A person who contravenes subsection (1) commits an offence.

36. party. (2) A person who contravenes subsection (1) commits an offence.
Section 36Verify source
§ 37Change in detailsProvision

A holder of an agent certificate must notify the Traceability Officer of any change in the registration particulars within seven days, using the prescribed manner and form.

37. A holder of an agent certificate issued under this Act shall, in the prescribed manner and form, notify the Traceability Officer of any change in the particulars relating to the registration within seven days of the change.
Section 37Verify source
§ 38Surrender of agent certificateProvision

If the holder of an agent certificate stops the related business or activity, they must notify the Traceability Officer in writing and agree on the terms of surrender. The Traceability Officer must then cancel the surrendered certificate.

38. (1) Where the holder of an agent certificate decides to discontinue the business or activity to which the agent certificate relates, the holder shall notify the Traceability Officer, in writing, and shall agree with the Traceability Officer on the terms of the surrender of the agent certificate. (2) The Traceability Officer shall cancel an agent certificate surrendered under subsection (1).
Section 38Verify source
§ 39Suspension or cancellation of agent certificateOffence

The Traceability Officer may suspend or cancel an agent certificate for specified misconduct or disqualification, must give notice and time to show cause, and the holder must surrender a cancelled certificate within 30 days.

39. (1) The Traceability Officer may suspend or cancel an agent certificate if the holder— (a) does not comply with the terms and conditions of the agent certificate; Prohibition of transfer of agent certificate Change in details Surrender of agent certificate Suspension or cancellation of agent certificate (b) is legally disqualified from performing the functions of the agent; (c) obtained the agent certificate through fraud, misrepresentation or concealment of a material fact; (d) is convicted of fraud, forgery or uttering a forged document; or (e) is convicted of an offence under this Act. (2) The Traceability Officer shall, before suspending or cancelling an agent certificate in accordance with subsection (1), notify the holder of the agent certificate of the Traceability Officer’s intention to suspend or cancel the certificate and shall— (a) give reasons for its intended suspension or revocation; and (b) require the holder of the agent certificate to show cause, within a period of not more than thirty days, why the certificate should not be suspended or revoked. (3) The Traceability Officer shall not suspend or cancel an agent certificate under this section if the holder takes remedial measures to the satisfaction of the Traceability Officer within the period referred to in subsection (2)(b). 40 No. 2 of 2024] Animal Identification and Traceability (4) The Traceability Officer shall suspend or cancel an agent certificate if the holder, having been notified in accordance with subsections (2), does not— (a) show cause to the satisfaction of the Traceability Officer why the certificate should not be suspended or cancelled; or (b) take remedial measures to the satisfaction of the Traceability Officer within the period specified in subsection (2) (b). (5) A holder of an agent certificate that is cancelled shall, within thirty days of being notified of the cancellation, surrender the certificate to the Traceability Officer. (6) A person who contravenes subsection (5) commits an offence. PART VI REVIEW AND APPEALS Review and appeal
Section 39Verify source

Part

PART VI

§ 40Review and appealProvision

A dissatisfied person may ask the Director to review a Traceability Officer decision within 30 days, and may appeal to the Minister within 30 days of the Director’s decision.

40. (1) A person who is dissatisfied with a decision of the Traceability Officer under this Act may, within thirty days of the decision, apply to the Director for a review of the decision. (2) The decision of the Traceability Officer shall remain in force unless the Director varies or revokes it. (3) The Director shall, within thirty days of receiving an application for review under subsection (1), confirm, vary or revoke the decision of the Traceability Officer . (4) A person who is dissatisfied with a decision of the Director may, within thirty days of the decision, appeal to the Minister. Appointment and convening of tribunal
Section 40Verify source
§ 41Appointment and convening of tribunalProvision

If an appeal is made under section 40, the Minister must set up and convene an ad hoc tribunal within 14 days.

41. (1) The Minister shall, where an appeal is made to the Minister under section 40, constitute and convene an ad hoc tribunal within fourteen days of receiving the appeal. (2) A tribunal shall consist of the following members, appointed by the Minister: (a) a chairperson, who shall be a person qualified to be appointed as a Judge of the High Court; and (b) two other members with knowledge and experience in animal identification and traceability or any other appropriate professional field relevant for purposes of the appeal. Animal Identification and Traceability [No. 2 of 2024 41 (3) The members of a tribunal shall be appointed on terms and conditions that may be specified in their letters of appointment.
Section 41Verify source
§ 42Powers of tribunalProvision

A tribunal must decide an appeal on its merits within 30 days of being convened, may set its own procedure, and is not bound by rules of evidence.

42. (1) A tribunal shall, within thirty days of being convened, determine an appeal on its merits, taking into account the provisions of this Act and any other relevant written law. Powers of tribunal (2) A tribunal may determine its own procedure and shall not be bound by rules of evidence. (3) A tribunal shall afford the appellant the right to appear personally or be represented by a legal practitioner or an agent. (4) For purposes of this section, “legal practitioner” has the meaning assigned to the word “practitioner” in the Legal Practitioners Act.
Section 42Verify source
§ 43Decisions of tribunalProvision

A tribunal may confirm, vary, or quash an appealed decision, must give its decision as a reasoned judgment, and must send a copy to the parties and other affected persons.

43. (1) A tribunal may confirm, vary or quash the decision appealed against. (2) A decision of a tribunal shall be in the form of a reasoned judgment and a copy of the judgement shall be supplied to each party to the proceedings and to every person affected by the decision. (3) A decision of a tribunal is, except on a point of law, final and binding on the parties to the appeal. (4) An appeal against a decision of a tribunal lies to the Court of Appeal. PART VII GENERAL PROVISIONS Cap. 30 Decisions of tribunal
Section 43Verify source

Part

PART VII

§ 44Record of animals, animal products and animal by-productsProvision

A holder of an animal identification mark or premises certificate must keep and maintain prescribed records of animals, animal products, or animal by-products.

44. A holder of an animal identification mark or premises certificate shall keep and maintain, in the prescribed form, records of animals, animal products or animal by-products for purposes of animal identification and traceability. Record of animals, animal products and animal by- products
Section 44Verify source
§ 45RegistersProvision

The Traceability Officer must keep and maintain specified registers, allow public inspection during normal office hours for a fee, and issue certified extracts or certificate copies on application and fee payment.

45. (1) The Traceability Officer shall keep and maintain Registers registers of— (a) owners of animals, animal products and animal by- products; (b) agents; (c) the holders of premises certificates, animal identification mark certificates and agent certificates; (d) cancelled premises certificates, animal identification certificates and agent certificates; (e) animal identification marks; and (f)any other information that the Traceability Officer may determine. 42 No. 2 of 2024] Animal Identification and Traceability (2) The registers referred to under subsection (1) shall contain particulars that may be prescribed. (3) The registers shall be kept in the custody of the Traceability Officer at the offices of the Traceability Officer and shall be open for inspection to members of the public during normal office hours on payment of a fee that the Traceability Officer may determine. (4) The Traceability Officer shall, on an application made by a person as prescribed, issue to the person a certified extract from the register or a copy of a certificate as prescribed, on payment of a fee as the Traceability Officer may determine. Publication of copies of registers
Section 45Verify source
§ 46Publication of copies of registersOffence

The Traceability Officer must have copies of registers, including changes and additions, printed or published as the Officer directs.

46. (1) The Traceability Officer shall cause copies of any of the registers, including alterations of, or additions to those registers, to be printed or published in a manner and form that the Traceability Officer may direct. Evidence General offences (2) Subject to this Act, a copy of the last published or printed register shall be prima facie evidence in legal proceedings of what is contained in that register and the absence of a certificate, is prima facie evidence that an animal identification mark is, premises are, or an agent is, not registered.
Section 46Verify source
§ 47EvidenceProvision

A record, certificate, or computer printout issued by the Traceability Officer can be used in legal proceedings as prima facie evidence of the facts stated in it.

47. In any legal proceedings a record, certificate or computer printout purporting to have been issued by the Traceability Officer regarding the registration, or the transfer or suspension or cancellation of the registration of an animal identification mark, premises or an agent under this Act, or the ownership of an animal identification mark, or any other particulars contained in the animal, animal product, animal by-product or identification and traceability information system, shall on production in such proceedings be prima facie evidence of the facts stated in it.
Section 47Verify source
§ 48General offencesOffence

A person must not misuse animal identification marks, and breaches can lead to fines or imprisonment.

48. (1) A person, not being the registered owner of an animal identification mark or acting without the authority of the owner, shall not impose or cause to be imposed on an animal or animal product, animal by-product, the registered animal identification mark or an unregistered animal identification. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period of not less than one year and not exceeding three years, or to both. (3) A person shall not put or allow an animal, animal product or animal by-product to be placed with— Animal Identification and Traceability [No. 2 of 2024 43 (a) or identified with an animal identification mark which is not issued under this Act; (b) an animal identification mark which has not been transferred to that person; or (c) an animal identification mark which is not a prescribed animal identification mark relating to the group to which the animal or animal product belongs. (4) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than one hundred thousand penalty units but not exceeding three hundred thousand penalty units or to imprisonment for a period of not less than one year but not exceeding three years, or to both. (5) A person commits an offence if that person— (a) is in possession of an animal that is placed with an animal identification mark contrary to the provisions of this Act; (b) alters, mutilates, cancels or destroys an animal identification mark on an animal or animal product, animal by-product; (c) sells or buys an animal or animal product, animal by-product on which an animal identification mark has been altered, mutilated, cancelled or destroyed; (d) alters a certificate issued under this Act; (e) in any application made in terms of this Act, makes or causes to be made a statement which is false; or (f) fails to comply with, or contravenes, any provision of this Act. (6) A person convicted of an offence under subsection (5) is liable to a fine of not less than seventy five thousand penalty units but not exceeding two hundred thousand penalty units or to imprisonment for a period of not less than six months but not exceeding two years, or to both.
Section 48Verify source
§ 49General penaltyOffence

A person who contravenes this Act where no other penalty is provided commits an offence and may be fined up to 100,000 penalty units, imprisoned for up to one year, or both.

49. A person who contravenes a provision of this Act, for which a penalty is not provided commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both.
Section 49Verify source
§ 50Power of court to order cancellation of certificateOffence

A court may cancel a certificate issued under the Act after convicting someone of an offence under the Act.

50. (1) A court may, on convicting a person of an offence under this Act order the cancellation of a certificate issued under this Act. General Penalty Power of court to order cancellation of certificate 44 No. 2 of 2024] Animal Identification and Traceability Act No. 19 of 2010 Guidelines (2) Subject to the Forfeiture of Proceeds of Crime Act, where any property is forfeited under this Act, the property shall vest in the State.
Section 50Verify source
§ 51GuidelinesProvision

The Unit may make guidelines, and once those guidelines are published, they are binding on all persons regulated under the Act.

51. (1) The Unit may make guidelines for the better carrying out of the provisions of this Act. Regulations (2) The guidelines referred to in subsection (1) shall, on publication in the Gazette or in a daily newspaper of general circulation in the Republic, be binding on all persons regulated under this Act.
Section 51Verify source
§ 52RegulationsProvision

The Minister may make regulations by statutory instrument to carry out this Act.

52. (1) The Minister may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (l), regulations may make provision for— (a) the manner and form of making applications under this Act; (b) the manner and form of giving any notice required by this Act; (c) the manner and form of registration; (d) the requirements to be met for registration; (e) the manner of identifying animals, animal products or animal by-products; (f) the manner and form in which any transfer of the right to any registered animal identification mark shall be effected; (g) the manner and form of transfer of animals that can be physically marked or identified from one owner to the other; (h) the conditions, manner and form for issuance of different animal identification marks in respect of the same group of animals to the same applicant; (i) the manner and form of registering agents, the requirements for registration to be met by the agents and the scope of work or functions of agent; (j) the manner and form to be used in integrating the traceability information system with other information systems as well as the condition to be met by parties seeking to integrate the systems; (k) the manner of accessing information and persons to be authorised to access information from the animal identification and traceability information system; Animal Identification and Traceability [No. 2 of 2024 45 (l) the fees to be paid under the provisions of this Act; (m) the system and procedure to be observed by the Traceability Officer in allocating animal identification marks; (n) the manner and form of registration, the requirements to be fulfilled for registration, and traceability systems for different animal species, different animal product, animal by-products, premises, areas and establishments; (o) the devices to be used for the purpose of animal, animal product or animal by-product identification and traceability; (p) the manner for identifying animals that can be physically marked or identified and the positions on the animals on which the animal identification marks shall be placed; (q) the manner for identifying animals that cannot be physically marked; and (r) the conditions and animal species under which group or individual animal identification shall apply.
Section 52Verify source
§ 53Repeal of Act No. 28 of 2010, and savings and transitionalCommencement

This section repeals the Animal Identification Act, 2010, keeps existing registration certificates valid until they expire, are revoked, or are surrendered, and directs pending registration applications to be handled under this Act when it commences.

53. (1) The Animal Identification Act, 2010, is repealed. (2) A certificate of registration issued under the repealed Act shall continue to be valid until expiry, revocation or surrender as if the certificate of registration was issued under this Act. (3) An application for a certificate of registration pending under the repealed Act, shall, on commencement of this Act, be issued in accordance with this Act. (4) For purposes of this section, “certificate of registration” means a certificate of registration of an identification mark issued under the repealed Act. Repeal of Act No. 28 of 2010, and savings and transitional provisions 46
Section 53Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

3 instruments

  • of Act

    Section 53

  • Proceeds of Crime Act

    Section 50

  • Proceeds of Crime Act, 2010

    Section 8

T–Z

2 instruments

  • Traceability Officer under this Act

    Section 40

  • Traceability Officer’s functions under this Act

    Section 7

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  • 18 Apr 2024 · currentEnglish

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