Proclamation NO/2012 Animal Health and Welfare

24
1 Proclamation NO......../2012 Animal Health and Welfare Preamble Whereas, animal production represents one of mainstays of food security and export earnings, and farm animals play a crucial role in providing drought power, raw material for industry, transportation and manure for agriculture; Whereas, it is necessary to prevent and control widely prevalent animal diseases, and finally, to eradicate them step by step from our country; Whereas, there is a need to improve the quality and standards of veterinary diagnostic laboratory services; Whereas, the presence of animal identification and traceability system is becoming the demand and compulsory requirements of animal and animal products importing countries; the establishment of this system has become decisive for the country to maintain current market and penetrate into a new market, Whereas, it is important to build internationally accepted veterinary service delivery system by preventing and controlling animal diseases, resulting from the export, import and transit of animals and animal products; Whereas, it is necessary to establish a system for the regulation of animal health and welfare, and the protection of human health and life from risks associated with foods of animal origin, and zoonotic diseases throughout the territory of the federal democratic republic of Ethiopia; Now, therefore, in accordance with article 55(1) of the constitution of the federal democratic republic of Ethiopia, it is hereby proclaimed as follows:

Transcript of Proclamation NO/2012 Animal Health and Welfare

Page 1: Proclamation NO/2012 Animal Health and Welfare

1

Proclamation NO......../2012 Animal Health and Welfare

Preamble

Whereas, animal production represents one of mainstays of food security and export earnings,

and farm animals play a crucial role in providing drought power, raw material for industry,

transportation and manure for agriculture;

Whereas, it is necessary to prevent and control widely prevalent animal diseases, and finally, to

eradicate them step by step from our country;

Whereas, there is a need to improve the quality and standards of veterinary diagnostic laboratory

services;

Whereas, the presence of animal identification and traceability system is becoming the demand

and compulsory requirements of animal and animal products importing countries; the

establishment of this system has become decisive for the country to maintain current market and

penetrate into a new market,

Whereas, it is important to build internationally accepted veterinary service delivery system by

preventing and controlling animal diseases, resulting from the export, import and transit of

animals and animal products;

Whereas, it is necessary to establish a system for the regulation of animal health and welfare,

and the protection of human health and life from risks associated with foods of animal origin,

and zoonotic diseases throughout the territory of the federal democratic republic of Ethiopia;

Now, therefore, in accordance with article 55(1) of the constitution of the federal democratic

republic of Ethiopia, it is hereby proclaimed as follows:

Page 2: Proclamation NO/2012 Animal Health and Welfare

2

PART ONE

GENERAL PROVISIONS

1. Short Title

This Proclamation may be cited as the “Animal Health, Welfare and Veterinary Public Health

Proclamation No. XXX/2018”

2. Definition

In this Proclamation, unless the context indicates otherwise:

(1) “Animal” means any vertebrate including mammals, birds, water and land living

animals, excluding human being and any invertebrate, including bees and silkworms.

(2) “Stray animal” means any animal which has been found outside its owner’s or

custodian’s normal care and confinement or for which ownership cannot be readily

ascertained.

(3) ‘‘Poultry’’ includes domesticated chicken, Guinea fowl, quail, and duck.

(4) "Animal product" includes meat and meat products, milk and milk product, egg,

honey and other bee products and silk.

(5) “Commodity” means live animals, products of animal origin, animal genetic

material, biological materials, biological products, animal feedstuffs and pathological

material subject to domestic or international trade.

(6) "Biological material" means any product of a biological process, including ova,

semen, embryos, genetic material, hormones or any other biological materials used in

animal husbandry if they are stated to alter the bodily functions or performance of an

animal.

(7) "Animal disease" means an impairment or disturbance of the normal function of any

organ or the body of any animal that is caused by any disease causing agents.

(8) "Zoonosis" means any animal disease or infection which is naturally transmissible

from animals to humans and vice versa.

(9) “Emerging and re-emerging animal disease” means a new infection resulting from

the evolution or change of an existing infectious organism, a known animal disease or

infectious organism spreading to a new geographic area or population, or a previously

unrecognized infectious organism or animal disease diagnosed for the first time and

which has a significant impact on animal or public health.

(10) “Notifiable animal disease” means any animal disease which is declared to be a

notifiable animal disease by the Ministry, which as soon as it is detected or suspected

by any person, and brought to the attention of an animal health officer of the federal

or regional competent authority.

Page 3: Proclamation NO/2012 Animal Health and Welfare

3

(11) “Controlled animal disease” means any notifiable animal disease declared by the

Ministry to be a controlled animal disease through the application of one or more

sanitary measures

(12) “Controlled article” means any object which is either suspected or confirmed to be

an infectious article or a contaminated article which is controlled for the purposes of

import into, transit through or export from the territory of the country.

(13) “Contaminated article” means any material, including conveyance, which is

contaminated or suspected to be contaminated with any infectious organism, chemical

or other harmful material by means of which an animal disease, zoonosis or other

form of illness or environmental contamination can be caused, or which is declared to

be a contaminated article.

(14) “Animal disease control scheme” means a scheme whereby the Ministry and

regional authority assumes joint responsibility for the prevention and control of

certain notifiable animal diseases.

(15) “Animal welfare” means a condition in which an animal is kept healthy,

comfortable, well nourished, safe, able to express innate behaviour, and not suffering

from unpleasant states such as pain, fear, and distress.

(16) "Animal traceability” means the ability to follow an animal or group of animals

from their breed during all stages of its life.

(17) “Animal identification mark” means any recognized and registered mark by the

ministry placed on any animal for identification purpose.

(18) “Identify” means to place an animal identification mark on any animal.

(19) “Registered animal” means any identified animal which has been recorded in the

national animal identification database.

(20) ‘‘Animal gathering’’ means an occasion at which animals are brought together from

two or more establishments, for one or more purposes such as a sale, show or

exhibition onward consignment, inspection or any other purposes.

(21) “Approved veterinary diagnostic laboratory” means a veterinary diagnostic

laboratory approved by the ministry to perform specified official veterinary

diagnostic tests or official analytical tests on behalf of the ministry for the purposes of

official health certification.

(22) “National referral laboratory” means a Diagnostic and research laboratory

designated by the Ministry, which meets the operating criteria to be called referral

laboratory.

(23) “Competent Authority” means the ministry or regional veterinary authority

delegated by the ministry having competence and responsibility for ensuring or

supervising animal health, animal welfare and veterinary public health measures.

(24) “Chief Veterinary Officer” means the principal veterinarian designated by the

Ministry to supervise the veterinary Services in the whole territory of Ethiopia.

(25) “Animal health officer” means any veterinarian or veterinary Para-professional.

Page 4: Proclamation NO/2012 Animal Health and Welfare

4

(26) “Veterinary inspector” means an animal health officer employed within the

competent authority, who is authorised to perform regulatory functions assigned

under this proclamation.

(27) “Veterinary analyst” means a animal health officer employed within the competent

authority, who is authorised to perform an official veterinary laboratory diagnostic

test or analysis.

(28) “Regional Veterinary Officer” means a registered veterinarian, designated by

Regional veterinary authority to supervise the veterinary Services in the region and

responsible to directly communicate with the chief veterinary officer of the

country.

(29) “Regional veterinary authority” means an institution responsible for the

regulation of animal health, welfare and veterinary public health,, .

(30) “Premises” means any defined area of land, building, structure, fenced enclosure,

harbour, including any disjoined land holding under the same ownership.

(31) “Registered premises” means a place where animals are kept for the purposes of

registration and identification, whose owner has been allocated registration number.

(32) “compartment” means an animal subpopulation contained in one or more establishments

under a common biosecurity management system with a distinct health status with respect to

a specific animal disease or diseases for which required surveillance, control and biosecurity

measures have been applied for the purpose of international tradeor disease prevention and

control in a country or in an area of a country.

(33) “Sanitary measure” means a measure destined to protect animal or human health

or life within the territory of the country from risks arising from the entry,

establishment and/or spread of a hazard.

(34) ‘‘Humane killing’’ means the act of inducing death using a method with minimum

pain and distressto the animal.

(35) ‘‘Holding’’ means any establishment in which animals are held on a temporary basis.

(36) “Quarantine” means a sanitary action under which animals are maintained in

isolation and under observation, with no direct or indirect contact with other animals,

for a specified period of time and, if appropriate, tested and treated

(37) ‘‘Quarantine station" means animal holding facility where animals are

maintained in quarantine.

(38) “Processing plant" means an establishment which adds value on animal products and

provide for consumption.

(39) “Abattoir” means establishment where animals are inspected and slaughtered for human

consumption in respect of which a Certificate of Conformity has been issued by the

competent authority

(40) “Transit” means the conveyance of an animal, or commodity that has been imported

through a port of entry into the territory of the country, in transit to another country .

(41) “Codex Alimentarius” means the set of internationally agreed and approved

standards, prepared and published by the Codex Alimentarius Commission of the

Page 5: Proclamation NO/2012 Animal Health and Welfare

5

United Nations, to ensure the safety and quality of foods of animal and plant origin

destined for human consumption.

(42) “International veterinary certificate” means a certificate issued by a veterinarian

authorized by the Ministry in conformity with the provisions of the Terrestrial and

Aquatic Codes, describing the animal or commodity to be traded and the sanitary

requirements which have been met in accordance with the importing country’s

requirements.

(43) “Sanitary Mandate contract” means an agreement made between the competent

authority and assignees for the purpose of delegating certain defined functions to

assignees to perform on behalf of the competent authority, as appropriate.

(44) “Terrestrial or Aquatic Animal Code” means the Terrestrial or Aquatic Animal

Health Codes of the World Organisation for Animal Health, (OIE).

(45) "Person" means natural Person or juridical entity having legal personality.

(46) “Region” means any of the Regional States specified under Article 47 (1) of the

Constitution of the Federal Democratic Republic of Ethiopia, and includes the Addis

Ababa and Dire Dawa Administrations.

(47) “Ministry” means the Ministry of Agriculture.

(48) Any expressions in masculine gender shall apply equally to the feminine gender.

3. Scope of Application

This proclamation shall be applicable within the territory of the Federal Democratic

Republic of Ethiopia.

PART TWO

THE POWERS AND DUTIES OF THE MINISTRY AND REGIONAL VETERINARY

AUTHORITY

4. The powers and duties of the Ministry

The Ministry shall:

(1) Appoint a Chief Veterinary Officer and determine his duties.

(2) Develop the standards for sanitary mandate contract to registered private veterinarian s and

veterinary paraprofessionals to perform certain defined functions or exercise certain

powers, and issue such contracts as necessary.

(3) Collect the fees to be charged for any public animal health services.

(4) Take sanitary measure, in order to prevent the entry into or the spread of a notifiable

animal disease within the country by controlling the import, and transit of animals,

commodities and controlled articles.

Page 6: Proclamation NO/2012 Animal Health and Welfare

6

(5) Shall approve import requirements for animals, animal products, by-products and

controlled articles,

(6) Shall conduct official veterinary diagnostic tests and analyses to issue international

veterinary certificates for the import and export of animals, animal products, by-products

and controlled articles for the purposes of international notifications of notifiable animal

diseases.

(7) Shall inspect and issue international health certificate for animals, animal products, by-

products and controlled articles destined for Import and export;

(8) Shall authorise and issue certificate of competency or work permit for veterinary

diagnostic laboratories suspend or revoke when it deems necessary.

(9) Shall designate veterinary laboratories as authorised, official or reference laboratories

(10) Shall issue Certificates of Competency for export abattoirs and other processing facilities

of animal products and by-product, suspend or Revoke the certificate competency when it

deems necessary.

(11) Shall establish Animal Identification and Traceability system.

(12) Shall establish national animal health information system.

(13) Shall supervise and support Non-Governmental Organizations working on animal health

and welfare in accordance with the law governing civil society organizations.

(14) Shall facilitate and organize the establishment of research and training institutions.

(15) Shall create conducive environment for private veterinary services development.

(16) Shall set the role and responsibility of public and private veterinary services based on the

types of services pending the establishment of veterinary council.

(17) Shall approve a national list of notifiable diseases.

(18) Shall designate quarantine areas.

(19) Shall establish quarantine stations at border points where animals, animal products,

by-products and controlled articles to be exported and imported are inspected.

(20) Shall designate areas as free from disease, infected areas, areas of low prevalence

and buffer zones

(21) Shall designate the ports of entry and exit for commodities and controlled article

(22) Shall develop and implement a system for compensation in case of preventive

culling or an insurance system that reduces the risks associated to disease outbreak

(23) Shall develop a system for animal disease surveillance and control.

Page 7: Proclamation NO/2012 Animal Health and Welfare

7

(24) Shall approve and support the implementation of an emergency and contingency

plan

(25) Shall coordinate with the authority in charge of food safety to ensure the safety and

quality of animal source foods and to fight against zoonotic diseases.

(26) Shall approve and implement a strategy for stray animals aimed at zoonosis control

(27) Shall perform other activities to ensure animal health, welfare and veterinary public

health.

(28) Shall delegate the exercise of its powers to regional veterinary authority to

implement and enforce the provisions of this proclamation.

5. Duties and Responsibility of the Chief Veterinary Officer

The Chief Veterinary Officer shall have the following responsibilities: -

1. Supervises, gives direction and manages the overall activities of animal health officers of the

ministry;

2. Responds to all applications or requests related to veterinary regulatory matters submitted to

the ministry;

3. Be Responsible for the enforcement and implementation of this proclamation in a manner

consistent with the Agreement on the application of Sanitary and Phyto-sanitary Measures,

and where possible, in accordance with the Terrestrial and Aquatic Animal Codes and the

Codex Alimentarius standards, except in the case where a bilateral trade agreement has been

agreed upon;

4. Directs and coordinates the activities of Regional Veterinary Authorities with regard to the

veterinary services.

5. Monitors the performance of activities which are being implemented throughout the territory

of the country, and shall compile reports of the activities monitored; and furnish a copy to

each Regional Veterinary Authority;

6. Shall appoint animal health officer to serve as the National Sanitary and Phyto-sanitary

enquiry and notification focal person;

7. Represents the country in bilateral, regional and international forums related to animal health

and welfare and international trade in commodities;

8. Perform other technical functions listed under article 4 of this Proclamation

6. The functions and responsibilities of Regional Veterinary Authorities

The Regional Veterinary Authorities delegated by the Ministry shall have the following

functions and responsibilities

Page 8: Proclamation NO/2012 Animal Health and Welfare

8

1. Shall appoint a veterinarian as a focal person for Chief Veterinary Officer in the Regional

Veterinary Authority;

2. Shall collaborate closely with the Ministry and adjacent regions for the surveillance,

prevention and control of notifiable, emerging and re-emerging animal diseases;

3. Shall ensure that any Regional animal health worker working in his local jurisdiction provides

immediate reports of any suspected or confirmed occurrence of a notifiable or emerging and

re-emerging animal disease to his office.

4. Shall forward any reports of suspected or confirmed occurrence of a notifiable or emerging

and re-emerging animal disease to the Chief Veterinary Officer of the ministry by the fastest

means possible.

5. Shall collaborate with the animal owners and other stakeholders during the implementation of

surveillance, prevention and control program of notifiable, emerging and re-emerging animal

diseases.

6. Shall give the sanitary mandate contract to registered private veterinarians and other animal

health professionals to perform certain defined functions or exercise certain powers as per the

standards developed by the ministry.

7. Shall establish Regional Veterinary Diagnostic Laboratories and ensure that their

accreditation.

8. Shall inspect and issue certificates of competency for domestic abattoirs and other processing

facilities of animal products and by-products, and revoke when necessary

9. Shall collaborate with the ministry in establishing a system for the collection, recording and

analysis of animal disease information.

10. Shall perform other activities delegated to them by the ministry to ensure animal health

welfare and veterinary public health.

7. Veterinary Council

A Veterinary Council is hereby established by this proclamation, to exercise and enforce control over all

veterinarians and veterinary para-professionals subject to its authority. The details will be determined

by a Regulation to be issued pursuant to this proclamation.

PART THREE

THE DUTIES AND RESPONSIBILITIES OF ANIMAL HEALTH PROFESSIONALS

8. The duties and responsibilities of the veterinary inspector and analyst of the

Ministry

Under the supervision of the CVO, the Veterinary Inspector and/or Veterinary Analyst of the

Ministry shall:

Page 9: Proclamation NO/2012 Animal Health and Welfare

9

1. Apply all necessary sanitary measures with respect to the prevention, control or eradication

of notifiable, emerging and re-emerging animal diseases;

2. Take any necessary sanitary measures in respect to the import, export and transit of

commodities;

3. Issue international veterinary certificates which certify the health, quality and safety of

animals and commodities destined for export, in accordance with this proclamation and the

requirements of importing countries;

4. Approve the results of official diagnostic tests and analyses for the purposes of notification of

notifiable emerging and re-emerging animal diseases, export certification and import permit

of animals or commodities;

5. Perform any other monitoring and supervisory functions that have national advantage in the

implementation of this proclamation capitalized by the ministry which require specialised

knowledge and skills.

PART FOUR

REGISTRATION OF ANIMAL HEALTH PROFESSIONALS AND ANIMAL HEALTH

SERVICES DELIVERY

9. Animal Health Services Delivery

Any person may establish animal health station, centre or institution upon the fulfillment of the

necessary requirements set by the competent authority.

10. Registration of animal health professionals.

(1) No animal health professional shall practice veterinary profession unless he is registered

and obtains a registration certificate from the Veterinary Council established under

Article 6 of this proclamation.

(2) Notwithstanding sub article 1 of this article, the ministry may issue directives

concerning animal health interventions which may be performed by unregistered animal

health professionals and non-professionals

PART FIVE

THE SURVEILLANCE, PREVENTION, CONTROL AND ERADICATION OF

ANIMAL DISEASES

11. Designation of notifiable animal diseases and other categories of animal diseases

The Ministry shall

(1) Develop and update a national list of notifiable animal diseases based on the OIE list and

the sanitary status of the Country;

Page 10: Proclamation NO/2012 Animal Health and Welfare

10

(2) Declare emerging, re-emerging and controlled animal diseases;

(3) Declare areas as infected, conduct surveillance and establish buffer zones

(4) Declare areas as free from a notifiable disease;

(5) Any such declaration or amendment shall be made available to the public and published

by the Ministry in the national press and circulated to all relevant stakeholders.

12. Duty to report notifiable and emerging and re-emerging animal diseases

(1) In the event that any person suspects the occurrence of a notifiable or emerging and re-

emerging animal disease he shall immediately report the suspected occurrence to the nearest

animal health officer or local administrative office.

(2) Any veterinarian or veterinary Para-professional who suspects the occurrence of a notifiable or

an emerging and re-emerging animal disease shall report such occurrence to the nearest

Veterinary Authority as soon as possible and in any case no longer than 12 hours.

(3) Any animal health officer or administrative officer receiving the report of a suspected

notifiable or emerging and re-emerging animal disease shall forward such report to the nearest

Regional Veterinary Officer within 12 hours of receipt of such report.

(4) The Regional Veterinary Officer shall forward such report to the Chief Veterinary Officer

within 12 hours of receipt of such report.

(5) The Chief Veterinary Officer shall report all suspected and confirmed occurrences of notifiable

animal diseases and emerging and re-emerging animal diseases to the OIE according to the

OIE prescribed procedures.

(6) The Chief Veterinary Officer shall immediately inform the National SPS Enquiry and

Notification focal person of any suspected or confirmed occurrence of a notifiable animal

disease or an emerging and re-emerging animal disease.

(7) Any person should get permission from the ministry prior to publicising his research findings

on notifiable, emerging and re-emerging animal diseases.

13. Animal Disease Surveillance and Survey

(1) The ministry shall establish an animal disease surveillance and surveying system.

(2) The competent authority shall utilise both public and private registered veterinarians and

veterinary Para-professionals in order to collect, record, analyse and disseminate data, on

notifiable, emerging and re-emerging animal disease occurrences.

(3) In the event of the suspected occurrence of a case or outbreak of any notifiable, emerging or re-

emerging animal disease; the ministry and Regional Veterinary Authorities shall collaborate in

order to undertake outbreak investigations and generally to monitor the prevalence and

incidence of these diseases throughout the country.

(4) All data collected on notifiable, emerging and re-emerging animal diseases shall be recorded

promptly and made available to the Chief Veterinary Officer.

Page 11: Proclamation NO/2012 Animal Health and Welfare

11

(5) Any person, organizations and institution should give the necessary support and collaborate in

providing the required information, when the veterinarians and veterinary Para-professionals

conduct surveillance and survey.

14. Prevention of the spread and control of notifiable, emerging and re-emerging

animal diseases

(1) No person shall move an animal, animal product, biological material or infected or

contaminated article from an infected area except with the permission of the competent

authority.

(2) All necessary sanitary measures shall be taken on animalsthat havedied from any known or

unknown cause, contaminated animal product, and fomites.

(3) Any owner of an animal which is infected or suspected to be infected with a notifiable or emerging

and re-emerging animal disease shall confine and isolate that animal from being in contact with any

other animals until he is permitted to do otherwise by an animal health officer or veterinary

inspector.

(4) Any person shall collaborate for any sanitary measures to be taken by the competent

authority for the purpose of prevention and control of animal disease.

(5) The competent veterinary inspector or an animal health officer shall demand the owner of an

animal, an infected area or premises to take necessary sanitary actions. In the event that the owner

of an animal fails to take the prescribed sanitary actions, the veterinary inspector or animal health

officer is authorised to enter the land or premises in question and carry out the sanitary actions as

notified.

(6) The Competent Authority may establish compartments within an area of the country and

establish varying measures of control for each compartment.

15. Animal Disease Emergency and Contingency Plan

(1) The Ministry shall declare a Sanitary Emergency and approve the necessary sanitary or

precautionary measures in order to prevent the introduction or the spread of a notifiable,

emerging, re-emerging animal disease into or within the territory of the country.

(2) The Ministry shall allocate animal disease emergency and contingency budget for the

purposes of implementing sanitary measures. .

(3) The Ministry shall prepare Contingency plans which define the necessary sanitary

measures and any other steps required for the prevention and control of outbreaks of

prescribed notifiable animal diseases or emerging and re-emerging animal diseases.

(4) The Ministry shall implement the contingency plan in collaboration with the Regional

Veterinary Authorities.

16. Compensation

The competent authority:

Page 12: Proclamation NO/2012 Animal Health and Welfare

12

(1) may pay compensation to the owner of any commodity when such commodity has been

the subject of seizure, humane killing, destruction and/or disposal in order to protect

human and animal life or health and to prevent the entry or spread of a controlled animal

disease into or within the territory of the country;

(2) Notwithstanding sub article 1 of this article, shall not pay compensation in respect of

any seizure, destruction or disposal which has been imposed or ordered, when the owner

of a commodity has failed to comply with the requirements of this Proclamation and its

implementing legislation.

(3) When the carcass of a dead animal is buried or burned upon the instruction of the

inspecting officer no expense of disposal shall be paid to the custodian

(4) No compensation shall be paid for animals humanely killed, destroyed or disposed because of

occurrence of notifiable animal disease in the quarantine stations.

(5) The details of culling and compensation in cases of seizure, killing, destruction or disposal

of commodities shall be governed by a regulation and directives to be issued under this

Proclamation.

PART SIX

ANIMAL IDENTIFICATION, REGISTRATION, MOVEMENT CONTROL AND

TRACEABILITY

17. Animal Identification and Traceability System.

The Ministry shall establish an animal identification and traceability system, including

procedures for the identification of animals, registration of animal birth, slaughter, death and

movement, observation in animal establishments, and recording of import and export. Details

shall be determined by a regulation.

18. Animal identification and registration

(1) Any animal of the species approved by order of the Ministry shall be registered and

identified either as individual or as group.

(2) It is the responsibility of the owner or keeper of register able animal to have the animal

registered and to purchase an approved identifier from the supplier authorized to sale

identifiers.

Page 13: Proclamation NO/2012 Animal Health and Welfare

13

(3) A person who is required to identify a registerable animal must apply an approved

identifier to the individual animal or group of animals in flock or herd.

(4) An animal health officer or another authorized person who has identified and registered a

registerable animal must notify to the central database through the nearest veterinary

Authority.

(5) The owner, keeper or a person responsible for a slaughter house, animal market, quarantine

stations shall notify unidentified and unregistered animal for the Animal Health Officer

responsible for the area.

19. Notification of the condition of registerable animals

(1) Any person who keeps holds or handles registerable animals in his establishment must notify

to the Competent Authority about their birth, arrival, keeping, holding or handling and all

compulsory information that shall be provided in the Regulation.

(2) In the case of communal settlements or community pastures in areas where

transhumance is practiced, the Animal Health Officer responsible for that location or

area must notify the Competent Authority about keeping, holding or handling of

registerable animals in that area or location.

(3) The attending Animal Health Officer who conducts health checks must record

observations made in respect of identified animals at the establishment, and notify the

health observations to the central data base.

20. Approval and supply of animal identifiers

(1) Only an identifier that is approved by the Competent Authority shall be used for the

identification of registerable animals for providing information about their ownership, origin,

location, present condition and movement history.

(2) A person who proposes to supply, a type of identifier intended to be offered or sold for the

purpose of identification of registerable animals, shall apply to the Competent Authority for

approval as contemplated in sub-article (1).

21. Animal movement control and notification

Page 14: Proclamation NO/2012 Animal Health and Welfare

14

(1) A transporter who transports or treks registerable animal shall lodge an application for

movement permit to Animal Health Officer using the approved form and should get the

permit.

(2) Upon arrival at the establishment of destination, the transporter shall furnish the person

receiving the animals with the movement permit and any attached documents.

(3) A person who acquires a registerable animal shall notify the Animal Officer responsible for

the establishment of destination.

22. Responsibility to notify death, slaughter, theft or other loss and transfer of an

identified animal

(1) A Slaughterhouse which receives registered animal for slaughter shall notify the fact to the

Animal Health officer responsible for that area.

(2) If a registered animal dies; or is sold, stolen, or lost , or transferred in any manner, the

person responsible for the animal at the establishment shall notify theseconditions of the

animal to the Animal Health Officer responsible for that area.

23. Approval for animals gathering

A person who intends to gather and hold animals in one place, inter alia in animal market, shall

apply for approval to the Competent Authority responsible for the area who shall record the

species, origins, keeping and maintenance conditions of the animals.

24. Duty to notify unregistered animals

The owner must notify unidentified and unregistered animal for the Veterinary Officer

responsible for the area.

PART SEVEN

VETERINARY LABORATORIES

25. Establishment of veterinary diagnostic laboratory

Any person who intends to establish a veterinary laboratory shall apply for a Certificate

of Authorization to the Ministry or Regional Veterinary Authority.

26. Designation of Veterinary Laboratories

Page 15: Proclamation NO/2012 Animal Health and Welfare

15

(1) The Ministry may designate certain veterinary laboratories established under its national

reference laboratories for the purposes of performing official veterinary diagnostic tests,

official diagnostic analyses and research activities.

(2) The ministry may designate Regional veterinary laboratories as national reference

laboratories for the performance of specified official veterinary diagnostic tests and official

diagnostic analyses provided that they meet the criteria.

(3) For the purposes of ensuring safety and quality of commodities, laboratories which meet

the criteria, shall be designated as authorized veterinary diagnostic laboratories.

(4) Any private veterinary diagnostic or veterinary research laboratory established under a

certificate of authorization of the ministry may be designated as an approved veterinary

diagnostic laboratory or research laboratory

PART EIGHT

Controlling the export, import, and transit of animals, animal products, by-products and

controlled articles

27. Prohibition of import and transit of animals, animal products, by-products and

controlled articles

(1) No person shall import into or convey in transit of any animal, animal products and

by-products and controlled article through the territory of the country unless he has

been issued with an import permit by the ministry.

(2) Any person shall only import animal, animal products, by-products, and controlled

articles if it is accompanied by a valid international veterinary certificate issued by

the Competent Authority of the exporting country which confirms that the sanitary

measures required by the Ministry have been complied.

(3) Animals, animal products, by-products and controlled article, shall be imported only

through a designated port of entry and shall be cleared for import or transit by the

ministry’s veterinary inspector;

28. The application of sanitary measures to ensure the safety of imported animals,

animal products, by-products and controlled articles

(1) To prevent the entry, establishment or spread of diseases, disease carrying organisms

or disease-causing organisms, the ministry shall:-

a) prescribe and adopt sanitary measures related to the importation of animals,

animal products and by-products, commodities and controlled articles;

Page 16: Proclamation NO/2012 Animal Health and Welfare

16

b) prohibit the entry or detention, or require treatment, destruction or removal of

animals, animal products and by-products, and controlled articles which do not

comply with the sanitary measures prescribed or adopted under sub-article 1 (a);

c) take and implement emergency and precautionary measures related to

importations of animals animal products, by-products and controlled articles;

d) designate certain places as a quarantine location where animals, animal products

and by-products, and controlled articles may be kept for sanitary measures

inspection, testing or further processing or destruction;

e) Take any other sanitary measures as may be deemed necessary

(2) Any transaction costs resulting from the application of sanitary measures shall be borne by

the importer himself.

(3) Sanitary measures mentioned in this Proclamation shall be based on risk assessment and be

in accordance with the OIE Terrestrial Animal Health Code

(4) The ministry shall ensure that sanitary measures under this section are modified or revoked

without delay if they are no longer necessary, or as conditions change and new facts become

available.

(5) The ministry shall, on request, make available the rationale for sanitary requirements,

restrictions and prohibition.

29. Restriction on the export

(1) No person may export any animal, animal products, by-products or controlled

article from the territory of the country unless an international veterinary

certificate has been issued to such person

(2) Where the animal, animal products, by-products or controlled article in question poses a risk of infection or spread of a notifiable animal disease, the ministry shall:

a) deny issuance of international veterinary certificate , or

b) when possible, treat or disinfect the animal, animal products, by-products, or

controlled article to remove such risk or keep it under observation; or

c) humanely kill, destroy or otherwise dispose of the animal, animal products,

by products, or controlled article, as appropriate;

PART NINE

The safety and quality of foods of animal origin

30. The slaughtering of animals

Page 17: Proclamation NO/2012 Animal Health and Welfare

17

(1) No person may slaughter animal for sell other than in an authorized abattoir or

slaughter facility or processing facility which has a Certificate of Competence.

(2) No person may sell or provide meat unless it has been inspected and certified

as fit for human or animal consumption by the competent veterinary authority.

(3) The slaughter conducted in the abattoir or slaughter facility or processing

facility shall be in accordance with OIE safety and quality standards.

(4) Meat and meat products destined for export shall come from certified export

abattoirs, be confirmed as healthy and fit for human consumption by meat

inspector appointed by the Ministry and shall be accompanied by international

veterinary certificate issued by the CVO, or delegated veterinary authority.

(5) Meat products should be produced from healthy animal and confirmed as free

from any disease causing agent, growth hormones, and anti-microbial

residues.

31. The Inspection, certification and other standards of abattoirs, slaughter

facilities and facilities processing foods of animal origin

(1) No person shall establish or operate:

(a) An abattoir or processing facility for the export of meat and other animal

products unless he has a Certificate of Competence from the ministry.

(b) An abattoir, a slaughter facility or a processing facility for domestically traded

meat and other animal products, unless he has a Certificate of Competence

from the delegated Regional Veterinary Authority.

(2) The Ministry or Regional Veterinary Authority as appropriate, shall issue a

Certificate of Competence only if, the abattoir, slaughter facility or other processing

facility complies with standards of construction, management, hygiene and CODEX

standards

(3) The ministry or Regional Veterinary Authority as appropriate, shall conduct regular

inspections to ensure that standards of construction, state of repair and management

are maintained

32. Duties and responsibilities of meat inspector

The meat inspector assigned by the ministry or the regional veterinary authority shall have the

responsibility to pass decision based on the findings of Anti-mortem and post-mortem

Page 18: Proclamation NO/2012 Animal Health and Welfare

18

inspection,laboratory test results if necessary and current situation of the abattoir, without the

interference of other bodies.

33. Production, Supply and processing of milk and milk products.

(1) The ministry or Regional Veterinary Authority, as appropriate, shall issue a

Certificate of Competence if only milk and milk product production and processing

facility complies with standards of construction and management, hygiene, and good

manufacturing practices, and other Codex standards,

(2) The health status of milking animals and herds shall be maintained and managed in a

manner that minimizes or avoids public health risks.

(3) The safety and quality of milk and milk products shall be ensured as per the safety and

quality assurance of Codex standards.

(4) Any institution shall not sell or provide milk and milk products for human

consumption, unless itis inspected, tested, and certified for its safety by the competent

Authority.

(5) Milk and milk products traded for human consumption shall be confirmed to be free

from any disease causing agent and antimicrobial residue.

34. The Safety and quality of egg

(1) Egg laying areas and establishments shall be designed, constructed, maintained and used in a

manner that minimizes exposure of poultryor their eggs to hazards, diseases; and pests.

(2) Eggs shall be collected, handled, stored and transported in a manner that minimizes

contamination and damage to the egg.

(3) Egg for market supply and distribution shall be from healthy flock and free from any

disease causing agent, and anti-microbial residueabove the prescribed limit.

PART TEN

ANIMAL WELFARE AND THE CONTROL OF STRAY ANIMALS

35. Duties of animal owners or responsible persons

All owners or persons responsible for an animal shall be responsible to provide or ensure the

provision of:

Page 19: Proclamation NO/2012 Animal Health and Welfare

19

(a) Sufficient and suitable diet;

(b) Access to sufficient and clean water;

(c) Proper shelter and housing appropriate for their behavioral patterns; and

sufficient to protect animals from unsuitable weather conditions;

(d) Veterinary health care;

(e) Humane care and treatment.

(f) Transportation by proper and adequate means that meets as much as practicable

according to international animal welfare standards,

36. Prohibition of cruel treatment of animals

(1) No person may:

(a) Torture, beat, injure or mutilate any animal with cruelty; or

(b) Overload any working animal; or

(c) Intentionally or negligently maltreat, abuse or neglect any animal in a cruel or inhumane

manner.

(2) Animal husbandry practices which may involve pain or discomfort should be

carried out in a manner so as to minimize pain and discomfort.

(3) The details on animal welfare shall be provided in a Regulation

37. The use of Animals for research or experimentation

No person shall conduct an experiment or research on an animal without permission from the

ministry or proper government authority

38. Special conditions on capture and confinement of animals for exhibition or

public entertainment

No person shall establish a zoo, circus or any other permanent or temporary facility for the

confinement of animals except certificate of competency issued by the ministry or other

concerned government body.

39. Obligation to report the existence of a suspected stray animal

Any person who suspects an animal to be a stray animal shall report such suspicion to the nearest

animal health officer, or administrative officer at the nearest local administration.

Page 20: Proclamation NO/2012 Animal Health and Welfare

20

PART ELEVEN

MISCELLANEOUS PROVISIONS

40. Complaint handling

(1) Any person who feels aggrieved by a decision of regional animal health officer or

animal health professional or assignee acting under the authority of this

Proclamation may appeal against that decision to the Ministry or the Regional

Veterinary Authority.

(2) The Ministry or regional Veterinary Authority shall designate independent senior

officers as an appeal committee to investigate and report on the grounds of appeal.

(3) A person who made the decision and the appellant or their representatives shall

appear at the investigation referred to in sub-article (2), in order to be heard or to be

questioned.

(4) The Appellate Committee shall, after considering the report and other documents

relating to the appeal, confirm, set aside or amend the decision or issue such order in

connection therewith as may be fit.

41. Duty to Cooperate

Every person shall have duty to cooperate for the implementation of this Proclamation,

regulation and directives issued pursuant to this proclamation.

42. Collection of Service Fee

The Ministry or delegated regional veterinary authority may collect fees for the services rendered

in accordance with the regulation to be issued by the Council of Ministers.

43. Confidentiality

No person may disclose any information which relates to animal or animal product and by-

product commodity which he acquires in the performance of his duties except:

(1) when it is necessary for the application of this Proclamation or any Regulation pursuant to

it;

(2) for the purpose of any legal proceedings under this proclamation or regulation pursuant to

it;

(3) when the concerned person gives his express consent;

(4) When requested to do so by a competent court;

(5) Where the Competent Authority, in the public interest, authorizes the disclosure thereof; or

(6) To the extent necessary in order to comply with a law dealing with access to information.

Page 21: Proclamation NO/2012 Animal Health and Welfare

21

44. Penalties

(1) Any person:

a) Who keeps, posses, manufactures, sells, offers for sell, transports or distribute in

any manner; any animal, commodity or controlled article knowing that it is infected

with or contaminated by an animal disease agent, infectious organism, toxin or

harmful contaminant is punishable up on rigorous imprisonment not exceeding five

years and fine not exceeding 10000 birr.

b) Who assaults, resists, intimidates, threatens or obstruct the ministry’s or regional

animal health officer or assignee exercising powers or performing authorized

functions under this proclamation is punishable up on simple imprisonment not

more than one year or fine not exceeding 3000 birr.

c) Who fails to report notifiable and emerging or re-emerging animal disease

according to article 12of this proclamation is punishable up on simple imprisonment

not more than one year or fine not exceeding 3000 birr.

d) Who moves animal, animal product, biological material, infected or contaminated

article from an infected area without permission according to article 14(1) is

punishable up on simple imprisonment not more than one year or fine not exceeding

3000 birr.

e) Who fails to confine and isolate animal from animal which is infected or suspected

to be infected with a notifiable or emerging and re-emerging animal disease

according to article 14(3) is punishable up on simple imprisonment not more than

one year or fine not exceeding 3000 birr.

f) Who fails to notify registerable animal according to article 17 is punishable up on

simple imprisonment not more than one year or fine not exceeding 3000 birr.

g) Who sales or disposes for sale an identifier which is not approved by the

competent authority according to article 18 is punishable up on simple

imprisonment not more than one year or fine not exceeding 3000 birr.

h) Who moves animal without movement permit according to article 19 is punishable

up on rigorous imprisonment not exceeding five years and fine not exceeding

10,000 birr.

i) Who fails to notify the competent authority when an identified and registered

animal is slaughtered or dead or stolen or lost according to article 20 is punishable

up on simple imprisonment not more than one year or fine not exceeding 3000 birr.

j) Who holds animal gathering without permission according to article 21 is

punishable up on simple imprisonment not more than one year or fine not exceeding

3000 birr.

Page 22: Proclamation NO/2012 Animal Health and Welfare

22

k) Who fails to notify an animal which is not identified and registered under animal

identification and traceability system according to article 22is punishable up on

simple imprisonment not more than one year or fine not exceeding 3000 birr.

l) Who imports or transit an animal or animal product or by-products or controlled

article without permission from the ministry according to article 25 is punishable up

on rigorous imprisonment not more than five years and fine not exceeding 50,000

birr.

m) Who exports an animal, animal product; by-product or controlled article without

being issued an international veterinary certificate according to article 27 is

punishable up on rigorous imprisonment not more than five years and fine not

exceeding 50,000 birr.

n) Who establishes an abattoir or slaughter facility or animal product processing

facility and gives service according to article 28 is punishable up on rigorous

imprisonment not more than five years and fine not exceeding 150,000 birr.

o) Who adulterates milk and milk product; or sell milk or milk product which is not

inspected or tested or treated or certified according to article 31 is punishable up on

rigorous imprisonment not more than five years and fine not exceeding 50,000 birr.

p) Who performs experiment or conduct research on animal without permission from

the ministry or other competent authority according to article 34 is punishable up on

rigorous imprisonment not more than five years and fine not exceeding 10,000 birr.

q) Who establishes a zoo or circus or any other permanent or temporary facility for the

confinement of animals without permission from the ministry or other competent

authority according to article 35 is punishable up on simple imprisonment not more

than one year or fine not exceeding 1000 birr.

r) Who fails to report stray animal according to article 36 is punishable up on simple

imprisonment not more than six months or fine not exceeding 1000 birr.

s) Who fails to allow a search or an inspection or taking of any sample authorized

under this proclamation is punishable up on simple imprisonment not more than one

year or fine not exceeding 3000 birr.

t) Who tampers with any samples taken by the ministry or regional animal health

officer or assignee is punishable up on simple imprisonment not more than two

years and fine not exceeding 3000 birr.

u) Who knowingly permits or cause the introduction in to or the spread of any animal

disease agent, infectious organism, toxin or harmful contaminant is punishable up

on rigorous imprisonment not more than five years and fine not exceeding 50,000

birr.

Page 23: Proclamation NO/2012 Animal Health and Welfare

23

v) Who fails to safeguard the sanitary security of a consignment of any animal or

animal product or by-product or commodity after issuance of an international

veterinary certificate is punishable up on simple imprisonment not more than one

year or fine not exceeding 3000 birr.

w) Who breaks the seal on a sealed container which contains animal product or by-

product or other commodities without animal health officer's permission is

punishable up on simple imprisonment not more than six month or fine not

exceeding 1000 birr.

x) Who intentionally provides false information when requested any document under

this proclamation is punishable up on simple imprisonment not more than one year

or fine not exceeding 1000 birr.

y) Who alters or forges or deface or destroy any document issued under this

proclamation is punishable up on punishable up on simple imprisonment not more

than two years or fine not exceeding 3000 birr.

z) Who submits any document for publication or mass media referring to the

occurrence of a notifiable animal disease agent or infectious organism in the country

without prior permission from the ministry is punishable up on rigorous

imprisonment not more than two years and fine not exceeding 10,000 birr.

aa) A legal person who participates in the commission of offences under this

proclamation as provided in article 34 of the criminal code shall be punishable in

accordance with article 90 of the code.

(2) Any animal health officer:

a) Who discloses confidential information acquired in the performance of his official

duty except for in conditions listed down in article 41 is punishable up on simple

imprisonment not more than three years or fine not exceeding 10,000 birr.

b) Who intentionally provides false information for the purpose of obtaining any

document under this proclamation is punishable up on simple imprisonment not

more than three years and fine not exceeding 10,000 birr.

c) If the offence under sub article 2(b) is committed negligently, it is punishable up on

simple imprisonment or fine not exceeding 5000 birr.

(3) A court convicting a person of an offence under this proclamation shall, in addition

to any other penalty imposed, order that anything used in the preparation of the

offence or benefits reinstated to the previous position or be forfeited to the

government.

45. Power to Issue Regulations and Directives

Page 24: Proclamation NO/2012 Animal Health and Welfare

24

(1) The Council of Ministers may issue regulations necessary for the proper implementation of

this Proclamation.

(2) The Ministry may issue directives necessary for the implementation of this Proclamation and

Regulations issued pursuant to sub article 1 of this article.

46. Transitional Provisions

Regulation and directives issued under the repealed proclamations remain functional if they are not

in contradiction to this Proclamation and until replaced with other regulation and directives.

47. Repealed and non-applicable laws

(1) The Animal Diseases Prevention and Control Proclamation Number. 267/2002

(2) No laws which are inconsistent with this Proclamation shall have effect with

respect to matters governed by this Proclamation.

48. Effective Date

This Proclamation shall come into force on the date of its publication in the federal

Negarit Gazette.

Done at Addis Ababa, this…………….2019

SAHILEWORK ZEWDE

PRESIDENT OF THE FEDERAL

DEMOCRATIC REPUBLIC OF ETHIOPIA