Livestock And Meat Industries

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=570

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ARRANGEMENT

OF SECTIONS

SECTION



1. Short title

2. Interpretation

3. Operation of

abattoir without registration

4. Application for

registration of abattoir

5. Duties of Director

6. Powers of Director

7. Regulations



Law 32, 1962,

L.N. 84, 1966,

Act 1, 2007,

S.I. 50, 2007.









[Date of

Commencement: 17th August, 2007]

[Ch3603s1]1. Short title

This

Act may be cited as the Livestock and Meat Industries Act.

[Ch3603s2]2. Interpretation

In

this Act, unless the context otherwise requires-

"abattoir"

means any premises approved and licensed in which animals or poultry are

slaughtered, and includes any place available in connection with those premises

for the confinement of animals or poultry awaiting slaughter in those premises;

"bovine"

means a bull, ox, steer, cow, heifer or calf;

"carcass"

means-

(a) in relation to bovine animals, sheep,

goats, solipeds and farmed game, the whole body of a slaughtered animal after

bleeding, evisceration, removal of the limbs at the carpus and tarsus, removal

of the head, tail and udder and flaying;

(b) in relation to swine, the whole body of a

slaughtered animal after bleeding and evisceration whether or not the limbs at

the carpus and tarsus and the head have been removed; and

(c) in relation to birds, the whole body of a

bird after bleeding, plucking and evisceration, whether or not the heart,

liver, lungs, gizzard, crop, kidneys, legs at tarsus, head, oesophagus or

trachea have been removed;

"cold

store" means any premises, cutting premises, or a game processing or

handling facility, used for the storage under temperature controlled conditions

of fresh meat intended for sale for human consumption;

"cutting

premises" means premises under temperature controlled conditions used

for the purpose of cutting up fresh meat intended for human consumption;

"departmental

officer" means the Director, or any veterinary officer, technical

officer, scientific officer or technical assistant employed by the Government;

"Director"

means the Director of the Department of Animal Health and Production;

"solipeds"

means horses, donkeys, mules and any other member of the equine family;

"farmed

game" means wild land mammals and ostriches and other ratites which

are reared in captivity, excluding-

(a) mammals of the family leporidae; and

(b) wild land mammals living within an enclosed

territory under conditions of freedom similar to those enjoyed by wild game;

"licensed"

in relation to any abattoir, cold store, cutting premises, game processing or

handling facility, meat processing plant or animal by-products plant means

licensed by the Director;

"leporidae"

means rabbits and hares;

"livestock"

means cattle, sheep, goats, swine, equines, farmed and wild game, poultry,

fish, reptiles or crustaceans or such other animal as the Minister may

prescribe to be livestock for the purposes of this Act;

"livestock

produce" includes meat, dry or fresh, or any other article whether

processed or not, produced by or derived from livestock;

"local

authority" means-

(a) in the case of any township in respect of

which a management board has been established, that management board; and

(b) in the case of any other township, village

or area, the Council of the District Council or equivalent;

"meat"

means all parts of livestock which are fit for human consumption;

"meat

inspector" means-

(a) any person appointed by the Director,

holding a Certificate in Meat Inspection from the Meat Inspection College of

Botswana, or an equivalent qualification approved by the Director of Public

Service Management; or

(b) any person who has received special

training in the work of meat inspection and appointed by the Director as a meat

inspector;

"official

veterinary surgeon" means a registered veterinary surgeon designated

under section 6 (1);

"plant"

means any abattoir, slaughter slab or slaughter pole, cold storage facility,

meat processing plant, cutting premises or cannery;

"poultry"

means chickens, turkeys, ducks, geese or any other bird that the Minister may

prescribe for the purposes of this Act;

"ratite"

means ostrich and any other flightless bird having a flat breastbone lacking a

keel for attachment of flight muscles;

"veterinary

officer" means a registered veterinary surgeon employed in the

Ministry responsible for agriculture; and

"wild

game" means-

(a) any wild land mammal which is hunted,

including a wild mammal living within an enclosed area under conditions of

freedom similar to those enjoyed by wild game; and

(b) wild birds.

[Ch3603s3]3. Operation of abattoir without

registration

(1)

No person shall operate an abattoir unless the abattoir is registered with the

Director.

(2) A

person who contravenes subsection (1) shall be guilty of an offence and liable

to a fine not exceeding P6,000 or to imprisonment for a term not exceeding

three years or to both, or to imprisonment without the option of a fine, and,

in the case of a continuous offence, to a fine not exceeding P2,000, for every

day during which the offence continues.

[Ch3603s4]4. Application for registration of abattoir

A

person who wishes to operate an abattoir shall apply to the Director for the

registration of the abattoir in such form and manner as may be prescribed.

[Ch3603s5]5. Duties of Director

The

Director shall be responsible for-

(a) the registration of plants;

(b) the control and inspection of the slaughter

and processing of livestock;

(c) ensuring that any person operating a plant

observes the appropriate hygiene requirements in the plant; and

(d) ensuring that any person transporting meat

observes appropriate hygiene requirements.

[Ch3603s6]6. Powers of Director

(1)

The Director may, in writing, designate official veterinary surgeons, meat

inspectors and departmental officers to carry out any function that may arise

under this Act.

(2)

The Director may require any person working in a plant to undergo a medical

examination and furnish a valid medical certificate.

[Ch3603s7]7. Regulations

(1)

The Minister may, by statutory instrument, make regulations for the better

carrying out of the provisions of this Act.

(2)

Without prejudice to the generality of the powers conferred by subsection (1),

the regulations referred to in that subsection may-

(a) provide for anything required to be

prescribed under this Act;

(b) provide for the control of plants;

(c) provide for the control of dealings in and

marketing, grading and inspection of livestock produce;

(d) prescribe location, design, structure,

sanitation, drainage, ventilation and lighting of, and the equipment,

machinery, apparatus, instruments and utensils to be used in, a plant;

(e) provide for the treatment and handling of

livestock;

(f) provide for the preparation, treatment and

handling of livestock produce;

(g) prescribe the methods of slaughter of

livestock;

(h) prescribe the number and species of

livestock which may be slaughtered in a plant;

(i) provide for the inspection of meat and the

fees that may be charged for such inspection and the marks to be placed on the

carcasses;

(j) prescribe additional hygiene standards to

be adopted in a plant;

(k) provide for the sampling and testing of

livestock produce for micro-organisms, anti-microbial substances,

anthelmintics, hormones, pesticides or any other residues or contaminating

substances;

(l) prescribe the standards of quality and

grades of meat, the manner of grading, the fees which may be charged for

grading and the marks to be placed on the carcasses to denote the various

grades;

(m) prescribe the method of handling, storing

and transporting meat intended to be used by any person other than the producer

of that meat;

(n) prescribe the form and manner of

application for the registration and licensing of plants;

(o) require local authorities, auctioneers and

persons engaged in the livestock industry to render returns or furnish

information in respect of the livestock industry, and prescribe the form and

manner in which such returns shall be furnished or rendered;

(p) prescribe the form in which records shall

be kept by persons trading in livestock or livestock produce, or by the owners

or persons having control of a plant;

(q) provide for the registration of producers’

agents at abattoirs and the fees to be paid for such registration;

(r) prescribe an export tax on any livestock

produce; and

(s) prescribe a livestock slaughter levy on any

animal slaughtered.

(3)

The Minister may apply any or all of the regulations made under subsections (1)

and (2) to specified areas or specified plants.

(4)

The regulations referred to in subsections (1) and (2) may provide that any

person who contravenes any provision thereof or who fails to comply with any

order, requirement or condition lawfully issued to or imposed on him or her by

virtue of any regulation and with which it is his or her duty to comply shall

be guilty of an offence.

(5)

The regulations referred to in subsections (1) and (2) shall specify what

penalty may be imposed for each offence created by subsection (4) and may also

provide different penalties in the case of continuous offences, but no such

penalty shall exceed a fine of P6,000, or, in default of payment thereof,

imprisonment for a period not exceeding three years, or such imprisonment

without the option of a fine or both such fine and imprisonment.