Livestock Act, 2001

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Livestock Act of Bhutan 2001_English version_

THE LIVESTOCK ACT OF BHUTAN 2001

Royal Government of Bhutan

Ministry of Agriculture

i

CONTENTS

CHAPTER I PRELIMINARY
1 Title, extent and commencement
2 Objectives
3 Definition of Terms

CHAPTER II BREEDING, ARTIFICIAL INSEMINATION AND EMBRYO

TRANSFER

4 Breeding
5 Artificial Insemination and Embryo Transfer

CHAPTER III DESIGNATED FARMS

6 Genetic Improvement
7 Private Farms

CHAPTER IV QUARINTINE, NOTIFIABLE DISEASES AND CONTROLLED

DISEASES

8 Quarantine requirements
9 Notifiable and controlled diseases

CHAPTER V INSPECTION AND CERTIFICATION

10 Inspection
11 Certification Agency
12 Grant of certificates
13 Revocation of certificates
14 Recognition of Foreign Livestock Certification Agencies

CHAPTER VI EXPORT OF ANIMALS, GENETIC MATERIALS AND ANIMAL

PRODUCTS

15 Export

CHAPTER VII FRESH MEAT HYGINE AND INSPECTION

16 Inspection
17 Medical certificates

CHAPTER VIII VETERINARY DRUGS

18 Veterinary biological and therapeutic substances
19 Disposal

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CHAPTER IX ZOONOSES MANAGEMENT

20 Zoonotic diseases
21 Death from Zoonoses

CHAPTER X WELFARE OF ANIMALS

22 Welfare standards
23 Welfare inspection

CHAPTER XI ENFORCEMENT AND PENALTIES

24 Inspectors
25 Powers of Inspectors
26 Power to compound the offence
27 Obstruction of justice
28 Liability of Inspectors
29 Subsequent offences
30 Confiscation
31 Cancellations or suspension of permits
32 Duty to report offences
33 Dues to Government
34 Exclusion of liability
35 Appeal

CHAPTER XII MISCELLANEOUS

36 General powers of the Royal Government

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THE LIVESTOCK ACT OF BHUTAN, 2000

Preamble

An Act to regulate livestock breeding, health and production aimed at enhancing their
productivity and preventing diseases so as to enhance rural income and livelihood.

CHAPTER I
PRELIMINARY

1 Title, extent and commencement

1.1 This Act shall be called “The Livestock Act of Bhutan, 2001”. This Act shall

supercede the Livestock Act of 1981.

1.2 This Act shall supercede the Livestock Act of 198 .

1.3 It shall come into force on the 5th day of the 6th month of the Iron Female Snake Year,

coinciding with 25th day of July 2001.

1.4 This Act shall extend to the whole of the Kingdom of Bhutan.

2 Objectives

The main objectives of this Act are:

2.1 To ensure that only quality and appropriate breds of livestock, poultry and fish are

introduced;

2.2 To ensure the units used for semen and embryo production and storage are free from

diseases;

2.3 To ensure that the introduction and spread of diseases, particularly the notifiable and

zoonotic diseases are prevented.

2.4 To ensure that the prescribed procedures and stards for export and import of

animals, animal products, feed, drugs, animal welfare, disposal of dead carcasses are
met.

2.5 To ensure that the safety standards are followed throughout the process of processing

meat, fish, eggs, and dairy products for consumption;

2.6 To enable privatization of production, import and export, process, and sale of

animals, animal products, feeds, drugs, and other inputs necessary for enhancing
livestock products.

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3 Definitions

In this Act, unless the context otherwise requires:

3.1 “Animal” means all ruminants and monogastric animals except man; any kind of

mammals except man; any kind of four-footed beast which is not a mammal; fish,
reptiles, crustaceans or other cold-blooded creaturs of any species.

3.2 “Animal product” means any substance derived from or produced by an animal;

3.3 “Artificial insemination or AI” means unnatural deposition of semen into the uterus.

3.4 “Cattle” means bulls, cows, steers, heifers and calves, and includes buffalo and yaks

of any age or sex;

3.5 “Carcass” means a part of or the whole body of an animal or bird which has died or

been slaughtered.

3.6 "Container" means a crate, box or other rigid container used for the carriage of

animals or animal products which is not self-propelled and which does not form part
of a vehicle or aircraft;

3.7 "Dairy" means a place for the production, processing, distribution or selling of milk

and its by-products.

3.8 "Disinfectant" means a chemical substance approved by the Ministry for general use

or for certain diseases.

3.9 "Exotic disease" means a disease not previously record d in the Kingdom of Bhutan;

3.10 “Feed” means any substance with a nutritive value used as a food for animals or

poultry.

3.11 “Fish” means an aquatic, cold-blooded creature, having multiple uses mainly for

food, which includes reptiles and crustaceans.

3.12 "Horse" includes ass and mule;

3.13 "Infected place" means a site declared by an authorized official of the Ministry as

contaminated;

3.14 "Inspector" means a person authorized by the Ministry of Agriculture for the

purposes of this Act.

3.15 "Livestock" means cattle, sheep, goats, pigs, poultry, fish and horses kept for use or

profit;

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3.16 "Migration" means seasonal movement of livestock from one place to another;

3.17 "Ministry" means Ministry of Agriculture or any other Ministry responsible for this

Act;

3.18 "Occupier" means owner, manager or person for the time being in charge of the

premises;

3.19 "Offal" means fresh meat other than that of the carcass whether or not naturally

connected to the carcass;

3.20 “Official” means a person authorized by the Ministry for this Act or any person

specially empowered by the Royal Government of Bhutan nder this Act.

3.21 “Poultry” means domestic fowls, turkeys, geese, ducks, guinea fowls, pheasants and

partridges.

3.22 "Premises" means land with or without buildings;

3.23 "Quarantine Station" means a site or premises approved and licensed by the Ministry

for the isolation and examination of animals or animal products intended for import
or export.

3.24 "Slaughter House" means an authorized place for the slaughter of animals or poultry

for food.

3.25 "Vehicle" means in relation to the carriage of animals or animal products on land, a

vehicle including a trailer of any description and the detachable body of a vehicle,
which is constructed or adapted for use on land;

3.26 "Waste food" means food containing meat or any part of a carcass of any livestock

or poultry or any product derived there from or hatc ery waste, eggs or eggshells;

3.27 “Wholesome” means safe, hygienic and nutritious meat for human consumption;

3.28 "Zoonoses" means any disease transmissible between animal and man and vice-

versa.

4

CHAPTER II
BREEDING, ARTIFICIAL INSEMINATION AND EMBRYO TRANSFER

4 Breeding

4.1 Livestock imported for research shall require prior approval of the authority

recognized or appointed by the Ministry. The importing individual or agency shall
follow the procedures of import as prescribed.

4.2 Unethical, socially and culturally sensitive research areas will be notified by the

Ministry, for researchers to avoid.

4.3 Breeding stock supplied to farmers must only be used for breeding purposes.

4.4 The District Animal Husbandry Officer or the official authorized by the Ministry

and the Gup will have the authority to enter any premise to inspect and identify such
breeding stock.

4.5 Any person, farmers in particular, must immediately report any disease outbreak to

the nearest local office of the Ministry.

5 Artificial Insemination and Embryo Transfer

5.1 Units for housing bulls, rams, boars or stallions used for artificial insemination

purposes, or female animals used for embryo collection shall be designed,
constructed and operated to the standards specified for designated farms.

5.2 Laboratories in these units shall maintain standards as prescribed by the Ministry.

The Ministry shall approve establishment of all such nits.

5.3 A bull, ram, boar or stallion shall be used for artificial insemination only if it is held

on licensed premises, unless the semen is used in the same herd in the same unit.

5.4 All livestock used for artificial insemination or embryo transfer purposes must be

certified for genetic merit and shall be subjected o a disease-screening test as
specified by the Ministry.

5.5 All semen and embryo consignments entering Bhutan should have valid import

license issued by the Ministry.

5.6 An Inspector may inspect artificial insemination units and laboratories used for

semen processing and embryo storage at any time and impose such conditions
necessary to prevent the spread of disease.

5.7 The semen and embryos shall be confiscated and isposed off without compensation

if this Act is contravened.

5

CHAPTER III
DESIGNATED FARMS

6 Genetic improvement

6.1 The Ministry may establish its own farms for the genetic improvement and

conservation of livestock, poultry and fish.

6.2 The authorized officials of the Ministry shall specify location, design, standards

of construction and operation of designated farms to accommodate selected
breeds of livestock and poultry.

6.3 The Ministry may apply any other measures to prevent the entry of a disease into

the designated farm or dissemination of diseases from a designated farm.

7 Private farms

7.1 The designated farms may be privatized or establi h such farms to accommodate

selected breeds of livestock, poultry and fish.

7.2 The Ministry may help private farms in breeding as prescribed under the rules

drafted hereunder.

7.3 If a farm contravenes this Act, the license shall be suspended for the appeal

period and will be seized or reissued depending on the outcome of the appeal.

CHAPTER IV

QUARANTINE, NOTIFIABLE DISEASES AND CONTROLLED DISEASES

8 Quarantine requirements

8.1 These measures may apply to the whole of the country or to a particular district or

part thereof.

8.2 All animals including animal semen, embryos, fertilized fish eggs, fish larvae, HCG,

honey bees, animal feed stuff, veterinary biologicals, nd therapeutic substances
except animal products listed in the schedule to the regulation shall be imported only
with valid import permits issued by the Ministry. The only exception to this
requirement will be for Frontier Zones in respect of live animals for immediate
slaughter, meat, milk and dairy products moved intothese zones. A certificate that
the area of origin is free from notifiable diseases must accompany these imports.

8.3 The Ministry shall establish, designate and approve quarantine facilities as

necessary, prescribe the standards applicable to these quarantine premises and the
rules under which they will operate.

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8.4 The Ministry may designate a Frontier Zone and impose such movement restrictions

into, within and out of the Frontier Zone as are necessary to prevent the introduction
and spread of disease.

8.5 The import of canned meat and other animal products shall follow the prescribed

procedure and standards to avoid import of diseases.

8.6 In all cases where animals or commodities have been imported illegally or moved

illegally from a Frontier Zone, the animal or the consignment shall be confiscated
and disposed off as decided by the Ministry without the payment of compensation.
The means of illegal transport may be detained as per the rules drafted hereunder.

8.7 The Ministry may revoke or change an import license at any time.

8.8 The designated official with proper uniform and identification shall inspect and

enforce quarantine regulations at any place and time as prescribed.

8.9 The Ministry may apply any other measures it so decides to prevent the entry of

diseases into the country.

9 Notifiable and controlled diseases

9.1 The Ministry shall designate those diseases, which are subject to official control

measures.

9.2 When a notifiable disease is suspected and confirmed, actions hall be taken as

prescribed by the Ministry or its designated authori y.

9.3 The Ministry shall have the authority to compulsorily destroy animals, animal

products or feed that it considers to be risky and pay compensation as prescribed by
the Ministry.

9.4 The Ministry may ban shows and sales of livestock, poultry, fish and their products

as measures for prevention and control of diseases.

9.5 The Ministry shall restrict or identify migratory routes for those herds if they require

isolation and vaccination.

9.6 Any person who suspects the presence of a notifiable disease must immediately

report to the nearest local office of the Ministry.

9.7 The Ministry shall specify the actions to be taken when a notifiable disease is

suspected and confirmed and impose necessary control measures.

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9.8 Disease control measures shall be carried out according to procedures laid down by
the Ministry.

9.9 The requirements for the treatment of waste food, which is fed to animals, may be

specified by the Ministry to prevent the spread of isease.

9.10 The notification of animal disease outbreaks in Bhutan shall be made as required by

the Ministry.

9.11 Fees shall be administered as per the rules drafte hereunder.

CHAPTER V
INSPECTION AND CERTIFICATION

10 Inspection

10.1 All establishments related to production, storage, and marketing of livestock and

livestock products, veterinary drugs as well as feed shall be inspected; documents
and records examined and samples taken for examination any time by the
Inspector.

10.2 Food of animal origin, dairy products and animal feed irrespective of their origin

should meet the prescribed standards for quality, nutritional value and safety.

10.3 Sub-standard products and feed or the constituents thereof shall be disposed off as

prescribed by the Ministry

10.4 The Ministry may suspend the operation in a premise if the prescribed rules or
this Act is contravened.

10.5 The Ministry may approve only an authorised agency to import or manufacture,

and distribute the veterinary biological and theraputic substances.

10.6 Disposal of outdated veterinary biologicals and therapeutic substances will be
done following standard methods and guidelines as pre cribed by the Ministry.

11 Certification Agency

11.1 The Ministry shall, by notification, establish a certification agency for livestock and

its products to carry out the functions empowered by this Act.

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12 Grant of certificates

12.1 A person selling, keeping for sale, exchanging or supplying livestock and its

products may apply to the Certification Agency as prescribed for the grant of a
certificate.

13 Revocation of certificates

13.1 A certificate is revoked if the Certification Agency has enough justification to

believe that:

(i) The certificate granted was based on the false information submitted; and

(ii) The certificate holder has failed to comply with the conditions under which the

certificate was granted.

14 Recognition of foreign Livestock Certification Agencies

14.1 The Ministry may, by notification, recognize a livestock certification agency

established in a foreign country for the purpose of this Act.

CHAPTER VI
EXPORT OF ANIMALS, GENETIC MATERIALS AND ANIMAL PRODUCTS

15 Export

15.1 All animals and genetic materials except breeding stock, semen and embryo

originating from indigenous species, unless otherwise prescribed, may be permitted
for export.

15.2 The Ministry shall examine and test all export c nsignments and shall levy fees for

the service rendered.

15.3 The Ministry shall examine a certification required by an importing agency or
country and the decision will depend on the outcome f the examinations.

CHAPTER VII
FRESH MEAT HYGIENE AND INSPECTION

16 Inspection

16.1 The Ministry shall establish appropriate standards for the slaughter of livestock and

poultry birds for their inspection before and after slaughter.

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16.2 The Ministry shall categorize slaughtering facilities and license only those that meet
the required standards.

16.3 All livestock should be examined by an Inspector ora representative, trained in

meat hygiene and meat inspection, both before and after slaughter.

16.4 The Ministry will specify the identification and type of animals to be slaughtered

at the slaughter premises.

16.5 The Ministry shall prohibit slaughter of animals and sale of meat on the

auspicious days of 8th, 15th and 30th; on the 4th day of the 6th month; on the
descending day of Lord Buddha and during the whole of 1st and 4th months of the
Bhutanese calendar.

17 Medical certificates

17.1 All employees of slaughterhouses or retail outlets shall require medical certificates

to handle fresh meat, fish or blood as prescribed by the Ministry.

CHAPTER VIII

VETERINARY DRUGS

18 Veterinary biological and therapeutic substances

18.1 The Ministry may register and issue licenses to control importation, production and

distribution of veterinary biological and therapeutic substances.

18.2 The Ministry shall establish the optimum standards for veterinary biological and

therapeutic substances.

18.3 Veterinary biological and therapeutic substances may require testing for safety,

efficacy and potency.

18.4 Products intended for diagnosis or prevention or treatment of animals shall be

handled by stores or dispensaries licensed by the Ministry or its authorized officials.

19 Disposal

19.1 The Pesticides Act of Bhutan 2000 and any other related legislation of the country

will govern the disposal of obsolete veterinary biological and therapeutic substances.

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CHAPTER IX
ZOONOSES MANAGEMENT

20 Zoonotic diseases

20.1 Any person having suspicion that an animal or carcass is infected with rabies or

other zoonotic diseases must report to the Ministry or its local offices.

20.2 The pets must be registered, identified, and vaccinated against rabies or other

diseases following the rules prescribed by the Board.

20.3 An animal, which poses a proven threat to human health, may be destroyed

following the procedures laid down by the Ministry.

20.4 The Ministry may vaccinate breeding livestock against rabies and other zoonotic

diseases.

20.5 In the event that an infected animal has bitten or otherwise caused injury to a human

being, the nearest health authority should be informed

21 Death from zoonoses

21.1 Any carcass or parts thereof or animal product not certified as fit for human

consumption shall be disposed as prescribed. The responsibility for disposal of dead
animals rests with the Municipal and Dzongkhag authorities. The concerned
Inspector shall be responsible to co-ordinate this task.

21.2 The death of all registered breeding animals shall be reported to the nearest local

office of the Ministry.

21.3 In case of mortality of people, the nearest authority should be informed.

CHAPTER X
WELFARE OF ANIMALS

22 Welfare standards

22.1 The Ministry shall prescribe a set of minimum standards for animal welfare.

22.2 Livestock shall be kept, cared for and transported with due attention paid to their

health and welfare.

22.3 Livestock shall not be subjected to any unnecessary suffering or injury.

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22.4 All livestock and poultry must be provided with adequate feed and water and shelter.

23 Welfare inspection

23.1 All livestock and poultry must be inspected regularly and treated appropriately if

suffering from diseases or ill health.

23.2 An Inspector may stop and detain any vehicle or nter any premises to inspect and

examine livestock to ensure that welfare provisions are met.

23.3 Failure to comply with the minimum standards of animal care shall be liable for

punishment in accordance to the rules prepared under this Act.

CHAPTER XI

ENFORCEMENT AND PENALTIES

24 Inspectors

24.1 An Inspector shall be a public servant and shall be officially subordinate to such

authority as the Ministry may notify.

25 Powers of Inspectors

An Inspector may:

25.1 require a person to:

(i) answer any question and provide any information relating to this Act;

(ii) produce for inspection any license, permit or other documents required to be

kept under this Act;

(iii) produce for inspection any animal, poultry, fish, animal product, poultry

product, food or feedstuff in his possession or under his control.

(iv) permit entry by the Inspector to any location where animals are kept.

25.2 search and seize any vehicle, tools, weapons, animal or poultry, which the official

believes is used to commit an offence under this Act, and shall give a receipt for
anything seized;

25.3 enter and search any premise, without a search warrant, only if he believes that the

evidence of an offence committed would be destroyed in the process of obtaining a
warrant;

25.4 stop, search and detain any person whom he suspects of committing an offence

under this Act.

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25.5 having detained a person or seized illegal goods shall notify the Head of the
concerned agencies and alternatively report the case to the nearest police station.

26 Power to compound the offence

26.1 An Inspector may fine a person who commits an offence under this Act, as

prescribed, in addition to either:

(i) confiscation of anything illegally taken or the proceeds thereof, or

(ii) payment of compensation for anything illegally taken, damaged or

destroyed.

(iii) On payment of such money, the offender, if in custody, shall be discharged

and given a receipt, and the seized property, if any, may be confiscated.

27 Obstruction of justice

27.1 Any person who resists, assaults, obstructs or falsely accuses an Inspector of

wrongdoing; knowingly makes a false or incorrect statement to an Inspector; or
refuses to give the Inspector any information or prduce for inspection any animal,
poultry, fish, animal product, poultry product, food, feed, veterinary product or other
thing for which any permit or license is required under this Act, is punishable as
prescribed.

28 Liability of Inspectors

28.1 An Inspector when exercising any power under this Act shall, if not in uniform,

declare his office and shall, on demand, produce identification card as prescribed.

28.2 It shall not be an offence for a person to refus the Inspector who fails to declare his

office and refuses to produce his identification.

28.3 An Inspector shall not be liable for anything done by him in good faith for the

purpose of enforcing this Act or otherwise acting i the course of duty.

28.4 An Inspector who wrongfully and without good cause seizes any property or detains

any person is punishable in accordance with the Royal Civil Service Rules.

29 Subsequent offences

29.1 Anyone who commits an offence under this Act is liable for fines or punishable with

imprisonment through a court process, which may extend from six months to one
year. The penalty for repeated offences will be propo tionately increased as per the
rules drafted hereunder.

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30 Confiscation

30.1 If a person is convicted, through a court process, of an offence under this Act or any

rule hereunder, the subject of the offence or proceeds from the sale, along with any
vehicle, tools, or weapon that were used to commit the offence shall be confiscated.

31 Cancellations or suspension of permits

31.1 A license holder if charged with an offence under this Act, the license will be

suspended for the appeal period. The final decision on the appeal shall result into
either cancellation or dropping the suspension.

32 Duty to report offences

32.1 A person must immediately inform the nearest local office of the Ministry, of any

information on the offences committed under this Act.

33 Dues to Government

33.1 Payments due to the Government under this Act, if not paid on time or if not covered

by the proceeds of sale of anything confiscated, will be recovered through the court.

34 Exclusion of liability

34.1 The Government will not be liable for destroying, damage done and delays incurred

during quarantine of any material brought into Bhutan in violation of this Act, or the
rules issued hereunder. All expenses incurred pertaining to the above actions shall
be borne by the offender.

35 Appeal

35.1 A person aggrieved of any decision taken under this Act may appeal to the

Minister or the designated authority, within ten working days from the day the
decision is communicated. The decision made on the app al will be final.

CHAPTER XII
MISCELLANEOUS

36 General powers of the Royal Government

36.1 The Ministry may make or amend rules consistent with this Act for effective

implementation of this Act.

36.2 The Ministry will designate an agency, appoint Inspectors or authorize officials to

exercise any of the powers conferred on them.

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36.3 The Ministry shall enforce the requirements and conditions in any certificate,

permits and licenses referred to in this Act and in the regulations.

36.4 The Ministry shall collect the fees and fines due to the Royal Government under the

provisions of this Act.

36.5 The Ministry shall identify quarantine stations to check flow of diseases into the

country and institutions for conducting laboratory tests to ensure standards are
maintained.

36.6 The Ministry shall prescribe rules for export of animals and genetic materials except

for breeding stock, semen and embryo originating from indigenous species.

36.7 The authorized officials of the Ministry shall examine all export consignments and

levy fees for the service.

36.8 The Ministry shall examine requests for certification by importing agencies and may

issue certificates if the standards and procedures prescribed are not contravened.

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