Explanatory Memorandum

Animal Health Bill 2011

This Bill seeks to protect animals against diseases by controlling the movement of animals into, out of and within Guyana so as to prevent the introduction and spread of animal diseases within Guyana and other countries, and to ensure the safe and humane movement of animals to and from Guyana and to regulate the importation of animals and production of animal products and livestock feeds.

Part I of the Bill defines animal, animal disease, animal product and other terms relating to animals.

Part II deals with the administration of the Act which is vested in the Guyana livestock Development Authority with clearly defined functions. This Part also establishes the National Advisory Committee on Animal Health and the National Committee on Aquatic Animal Health Management. It sets out the composition and functions of these Committees.

Part III deals with disease control. Clause 12 provides that the Authority shall develop a list of prescribed diseases while Clause 13 provides that the Authority shall develop a list of national pathogens.

Clause 14 seeks to empower an authorized officer where he suspects that a prescribed disease or a national pathogen exists to declare an area to be an infected zone.

Clause 15 seeks to provide that the Authority may declare a zone to be a free zone, a buffer zone or a surveillance zone and Clause 16(1) seeks to provide that no person shall without a permit issued by an authorized officer, remove from or take into a buffer zone, free zone, infected zone or surveillance zone any animal, animal product or commodity.

Part IV deals with the importation and exportation of terrestrial animals, products or commodities.

Part 23 seeks to provide for the establishment of quarantine stations for terrestrial animals based on prescribed standards.

Part V deals with the importation and exportation of aquatic animals. Clause 25 seeks to set out the import requirements and clause 30 lays down conditions to be satisfied before importation.

Clause 32 requires that a person who exports aquatic animals, aquatic animal products or commodities from Guyana shall register as an exporter in accordance with this Act.

Clause 33 seeks to provide that a person who exports aquatic animal products or other commodities must have an export permit issued by the Authority.

Part VI deals with offences. Clause 36 seeks to prescribe a list of offences which may be committed under Act.

Clause 37 seeks to prescribe offences that may be committed by an authorized officer.

Clause 38 seeks to prescribe the offences by a customs officer of failing to notify the Authority promptly upon the arrival of any animal, animal product or commodity in Guyana or by releasing or disposing of imported animals, animal products or other commodities unless so authorized by any authorized officer.

Clause 40 seeks to provide penalties for offences and clause 41 seeks to provide fixed penalties where an alleged offender may pay the fixed penalty specified in regulations in lieu of appearance before a magistrate.

Part VII deals with miscellaneous provisions and provides for the making of regulations. It repeals the Animals (Movement and Disease Prevention) Act 2003 but saves the existing subsidiary legislation unless and until they are specifically repealed or amended.