Animals (Diseases and Importation) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-18.pdf
Published: 1953

Animals (Diseases and Importation) (CAP. 18 1

CHAPTER 18

THE ANIMALS (DISEASES AND IMPORTATION)
ACT

Arrangement of Sections
Section

PART I

Preliminary

1. Short title.
2. Interpretation.
3 . Appointment of Inspector.

PART I1

Control of diseased or suspected animals

Segregation and notification of diseased animals, etc.
Infected places.
"Portn exempted.
Defined port.
Slaughter of diseased or suspected animals.
Disposal of animals.
Compensation.
Order amending definition of disease.
Regulations.

PART 111

Powers of arrest.
Powers of inspector.
Offences.
General penalty.
Evidence and presumptions.
Transport through infected places and areas.
Power to apply Act -to poultry.
Saving.
Repeal and saving of subsidiary legislation.

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Animals (Diseases and Importation) (CAP. 18 3

ANIMALS (DISEASES AND IMPORTATION)

(14th April, 1953.) 311953.
S.I. 2711982.

S.I . 3911989.

Preliminary

1. This Act may be cited as the Animals (Diseases Short title.
and Importation) Act.

2. In this Act- Interpretation.
"animal" includes cattle, buffaloes, horses, mules, asses,

sheep, swine, goats, dogs, cats and all animals of
whatsoever kind, whether similar to the foregoing
or not;

"bird" does not include poultry;

"carcass" means the carcass of any animal, and includes
any part of the carcass or of the meat, bones, hide,
skin, hoofs, horns, offal or other part of an animal;

"cattle" includes bulls, cows, oxen, steers, heifers and
calves;

"port" means a port of entry as defined by the Animals 19.
(International Movement and Disease) Act;

"disease" means anthrax, brucellosis, contagious bovine
pleuro-pneumonia, equine encephalomyelitis,
equine infectious anaemia, epizootic abortions,
epizootic lymphangitis, foot and mouth disease,
glanders and farcy, haemorrhagic septicaemia,
infectious laryngotracheitis, mange ovine (common-
ly called sheep scab), melitensis infection (common-
ly called Malta fever), Newcastle disease (commonly
called fowl pest or fowl plague), paralytic rabies
(bat transmitted), psittacosis, rabies, rinderpest,
sarcoptic mange in horses, streptothricosis (com-
monly called mange), swine erysipelas, swine fever
(commonly called hog cholera), tuberculosis,
trypanosomiasis (including dourine, ma1 de caderas,
surra and trypanosoma vivax infection), variola
ovina, variola vaccinia and such other diseases as

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4 CAP. 18) Animals (Diseases and Impo~tation)

the Minister may from time to time by order made
under section 11 declare to be a disease within the
meaning of this Act;

"diseased" means affected with disease;

"fodder" means grass, hay or any other substance com-
monly used for the food of animals;

"infected area" means an area declared as such under
sections 5 or 6;

"infected place7' means a place declared as such under
section 5;

"insect" includes member of the class Insecta and of the
class Arachnids;

"inspector" means an inspector appointed under sec-
tion 3;

< < . htter" means straw or any other substance common-
ly used as the bedding for, or otherwise used for
or about, animals;

< 6 owner" includes the person in possession or charge
of any animal;

"poultry" means domestic fowls, turkeys, geese, ducks,
guinea fowls and pigeons;

"suspected" means suspected of being diseased.

Appointment of
inspector. 3. (1) The Public Service Commission may appoint

an inspector and such assistant inspectors as may be necessary
for the purposes of this Act.

(2) It shall be the duty of the inspector and assistant
inspectors to carry out the provisions of this Act and of any
regulations made thereunder and for such purpose every assis-
tant inspector shall have, subject to the directions either
general or particular of the inspector, all the rights, powers,
and duties, given to the inspector under this Act.

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Animals (Diseases and Importation) (CAP. 18

Control of diseased or suspected animals

4. ( 1 ) Every person having in his possession or under :f;~;:iz: z;d
his charge any diseased animal shall- diseased animals,

etc.
(a) as far as practicable keep such animal separate

from animals not so diseased; and

(b ) with all practicable speed give notice of the fact
of the animal being so diseased to the inspector or to
the person in charge of the nearest police station.

( 2 ) The person to whom notice under subsection ( 1 )
is given, if not the inspector, shall forthwith give informa-
tion thereof to the inspector.

5 . ( 1 ) Where the inspector suspects that any disease Infected places.
exists in any stable, shed, pen, field, pasture or other similar
place, he shall forthwith sign a notice to that effect and such
notice shall contain a declaration that such place, the limits
whereof shall be therein specified, is an infected place. A
copy of such notice shall be served upon the occupier of such
place.

( 2 ) Upon the service of such notice the place therein
specified shall be an infected place subject to confirmation
or otherwise by the Minister under the provisions of subsec-
tion (4 ) :

Provided that the inspector may, at any time within
seven days of such service and before such confirmation or
otherwise, withdraw such notice and thereupon such place
shall cease to be an infected place.

(3) The inspector shall with all practicable speed send
copies of such notice to the Minister and where any such
notice has been withdrawn the inspector shall forthwith
inform the Minister to that effect.

( 4 ) Upon receipt by the Minister of the copies of such
notice the Minister shall, unless such notice has been
withdrawn, forthwith consider the matter and-

(a) if satisfied that such course is expedient or
necessary, shall by order declare the place specified in

LAWS OF ANTIGUA AND BARBUDA

CAP. 18) Animals (Diseases and Importation)

such notice to be an infected place, and may also by
order declare that any area containing, adjoining or
surrounding, such place is an area infected with disease
and such order shall specify the limits of such infected
area; or

(b) if not so satisfied, shall by order revoke the
notice of the inspector, and thereupon as from the time
specified in that behalf by such order such place shall
cease to be an infected place.

Infected areas. 6. ( 1 ) The Minister, whenever it appears necessary
or expedient so to do by reason of the existence of any disease,
may by order declare any area in Antigua and Barbuda to
be infected with disease, and such order shall specify the limits
of such infected area.

(2) The Minister may in his absolute discretion, by
order, prohibit during such time as may be specified in such
order-

(a) the use in any manner whatever of any public
road or railway through an infected area or of any part
of such public road or railway; or

(b) the use, except in compliance with such condi-
tions as may be specified in such order, of any such
public road or railway or of any part of such public road
or railway.

"Port"exempted. 7. NO port, or part thereof, shall be declared to be an
infected place or an infected area.

Slaughter of
diseased or
suspected
animals.

8. ( 1 ) The inspector may cause any diseased or
suspected animal, or any animal which had been in the same
stable, shed, pen, field, pasture or other similar place, or
in the same herd or flock as, or in contact with, any diseas-
ed or suspected animal, whether or not any such place has
been declared to be an infected place or is within an infected
area, to be slaughtered in order to prevent the spread of the
disease; and for such purpose the inspector may give all such
directions as he may consider necessary.

(2) The inspector may, for the purpose of observation
and treatment, take possession of and retain any animal liable

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Animals (Diseases and Importation) (CAP. 18 7

to be slaughtered under this section, but subject to payment
of compensation as in the case of actual slaughter.

9. Any animal slaughtered under the provisions of Disposal of
animals.

this Act, or which dies as the result of disease, shall be
destroyed, buried, or otherwise disposed of, as soon as pos-
sible in accordance with regulations made under this Act
and in accordance with the orders, either general or par-
ticular, of the inspector; and for such purposes the inspector
may use any suitable ground in the possession or occupa-
tion of the owner of the animal.

10. (1) The Minister may in his discretion award, Compensation.
for the compulsory slaughter of any animal under the provi-
sions of this Act, compensation which shall be payable out
of the general revenue of Antigua and Barbuda. The amount
of any such compensation shall not exceed the value of the
animal immediately before slaughter, and compensation may
be reduced or refused where the owner has, in the opinion
of the Minister, been guilty in relation to the animal, of an
offence against this Act.

(2) No compensation shall be payable in respect of any
animal compulsorily slaughtered when in a quarantine depot
if, in the opinion of the inspector, such animal was diseased
at the time of importation.

1 . The Minister may from time to time by order Order amending
definition of

add any particular disease to, or remove any particular disease.
disease from. the definition of disease contained in section
2, and as frdm the date of any such order such particular
disease shall be, or shall cease to be (as the case may be),
a disease within the meaning of this Act.

12. (1) The Minister may make regulations generally Regulations.
for the control and treatment of diseased or suspected animals
and for the prevention and spread of disease.

(2) Regulations made under subsection (1) may, without
prejudice to the generality of such power, make provision
with regard to-

(a) the exception, adaptation and modification of
the provisions of this Act in relation to any animals suf-
fering from any particular disease;

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CAP. 18) Animals (Diseases and Importation)

(6) the notices to be given by persons in posses-
sion or in charge of diseased animals in the case of any
particular disease, or in the case of illness of any such
animal, and the persons to whom such notice are to
be given;

(c) the notification to the public of infected places
or infected areas and the removal of anything into,
within or out of such places or areas, and the cleansing
or disinfecting of such places or areas;

(d) the movement of persons into, within or out
of infected places or infected areas, and the prevention
of the spread of disease by persons in contact with dis-
eased or suspected animals;

(e) the treatment, disinfecting, destruction, burial,
disposal and digging up, of anything in or removed from
an infected place or infected area;

V) the movement, isolation, segregation, treat-
ment, slaughter, destruction, disposal, burial, seizure,
detention and exposure for sale, of diseased or suspected
animals;

&) the removal, transport, treatment, isolation,
examination, testing, cleansing, disinfecting, protection
from suffering, exposure for sale, exhibition or mark-
ing, of animals;

(h) the removal, transport, treatment, examination,
cleansing and disinfecting, of carcasses, fodder, litter,
dung and other things likely to spread disease;

(9 the cleansing, disinfecting and examination of
places used by, and vehicles used for the transport of,
animals;

the fees and expenses incurred for any purpose
for which regulations may be made under this section,
and the persons by whom they are to be paid, and the
manner in which they may be recovered;

(k) the penalties for the breach of any such
regulations.

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Animals (Diseases and Importation) (CAP. 18 9

General

13. (1) Where any person is found committing, or is Powers of arrest.
reasonably suspected of being engaged in committing, an
offence against this Act or against any regulation made
thereunder, any police officer may without warrant stop and
detain him, and if his name and address are not known to
the police officer and he fails to give them to the satisfaction
of the police officer, such police officer may without warrant
arrest him and may, whether he has so stopped, detained
or arrested such person or not, stop, detain and examine
any animal, bird, reptile, insect, vehicle, boat or other thing,
to which the offence or suspected offence relates and require
it to be forthwith taken back to or into any place or district
wherefrom or whereout it was unlawfully removed, and
execute and enforce that requisition.

(2) If any person obstructs or impedes a police officer
in the execution of this Act or of any regulations made
thereunder, or assists in any such obstruction or impeding,
the police officer may without warrant arrest the offender.

(3) A person arrested under this section shall not be
detained without warrant longer than is necessary for the
purpose of being taken before a Magistrate, and the provi-
sions of the Police Act, in relation to the granting of bail Cap- 330-
shall apply to any such person.

14. The inspector shall have all the powers given to a Powers of
police officer under section 13 and may at any time enter- inspecto'

(a) any pen, building, land or place, where he has
reasonable grounds for supposing-

(i) that disease exists, or has, within fifty-six days,
existed; or

(ii) that the carcass of any diseased or suspected
animal is or has been kept or has been buried,
destroyed or otherwise disposed of; or

(iii) that there is to be found therein any thing or
any place in respect whereof any person has

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10 CAP. 18) Animals (Diseases and Importation)

on any occasion failed to comply with the pro-
visions of this Act or of any regulations made
thereunder; or

(iv) that this Act or any regulations made
thereunder have not been or are not being
complied with;

(b) any vehicle, vessel or boat, in which or in
respect whereof he has reasonable grounds for believ-
ing that this Act or any regulations made thereunder
have not been or are not being complied with.

Offences. 15. Any person who, without lawful authority or
excuse, the proof whereof shall lie on him-

(a) when required by this Act, or by any regula-
tions or order made thereunder, to keep any animal
separate as far as practicable, or to give any notice of
disease with all practicable speed, fails so to do; or

(6 ) contravenes or fails to comply with any of the
provisions of this Act, or of any regulations or order
made thereunder; or

(c) contravenes or fails to comply with any direc-
tions given by the inspector under section 8; or

(6) refuses to the inspector, acting in execution of
this Act or of any regulations made thereunder, admis-
sion to any pen, building, land, place, vehicle, vessel
or boat, which such inspector is entitled to enter or
examine, or obstructs or impedes him from so entering
or examining, or otherwise in any respect obstructs or
impedes the inspector or any police officer in the
execution of his duty, or assists in any such obstructing
or impeding; or

(e) throws or places or causes to be thrown or placed
into or in any river, stream, creek, gut, pond, well, drain
or other water or watercourse, or into or in the sea within
three miles of the shore, the carcass of an animal which
has died of disease or has been slaughtered as diseased
or suspected; or

(n takes, or allows to be taken, unless otherwise
required by this Act or by any regulations or order made

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Animals (Diseases and Importation) (CAP. 18 1 1 ,

thereunder, or allows to stray, any diseased animal in
or upon any common, public road, or public place; or

(g) digs up, or causes or allows to be dug up the
buried carcass or any animal which has been slaughtered
under this Act as diseased or suspected, or which has
died, or is suspected of having died, from any disease;
or

(h) takes or moves, or allows to be taken or moved,
any animal, carcass, fodder, litter, dung or other thing,
into or out of any infected place or infected area other-
wise than in accordance with this Act or with any regula-
tions or order made thereunder; or

( i ) allows any animal to stray into or out of any
infected place or infected area.

shall be guilty of an offence against this Act.

16. Any person guilty of an offence against this Act general penal^.
shall, save where otherwise expressly provided, be liable for
each such offence on summary conviction to a fine not
exceeding three thousand dollars or to imprisonment for any
term not exceeding three months, or to both such fine and
imprisonment.

17. (1) Where the owner is charged with an offence
against this Act, or against any regulations or order made
thereunder, relative to disease or to any illness of the animal,
he shall be presumed to have known of the existence of the
disease or illness unless and until he shows to the satisfac-
tion of the court that he had no knowledge thereof and
could not with reasonable diligence have obtained the
knowledge.

(2) Where a person is charged with an offence against
this Act, or against any regulations or order made thereunder,
in not having duly cleansed or disinfected any place, vessel,
or thing, belonging to him or in his charge and a presump-
tion against him on the part of the prosecution is raised it
shall lie on him to prove the due cleansing and disinfection
thereof.

(3) The certificate of the inspector to the effect that any
animal is or was affected with a disease specified in the cer-

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CAP. 18) Animals (Diseases and Importation)

tificate shall for the purposes of this Act, or of any regula-
tions or order made thereunder be conclusive evidence in
all courts of justice of the matter certified.

Transport
through infected 18. Except as specifically provided in any regulations
places and areas. or order under this Act. nothing in this Act, or in any regula-

tions made thereunder 'shall re2rict or prohibit the &ansport
of any person, animal or thing, by public road or by railway
through an infected place or an infected area if such person,
animal or thing is not detained within such place or area.

Power to apply
Act to poultry.

19. The Minister may by order apply, subject to such
exceptions, adaptations and modifications as may be therein
set out, the provisions of this Act, and of any regulations
or order made thereunder, to poultry.

Saving. 20. Nothing in this Act shall apply to bees.

Repeal and
saving of
subsidiary
legislation.
1611913.
411930.
211937.
311943.

21. The Diseases of Animals Ordinance, 1913, the
Diseases of Animals (Amendment) Ordinance, 1930, the
Diseases of Animals (Amendment) Ordinance 1937 and the
Diseases of Animals (Amendment) Ordinance 1943, are
hereby repealed:

Provided that any rules, regulations, orders, orders in
council and proclamations made under or by virtue of any
of the Ordinances hereby repealed and in force immediately
before the coming into operation of this Act shall be deemed
to have been made under this Act and shall continue in force
and may be amended or varied until other provisions shall
be made by virtue of this Act.
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