Animals (Diseases and Importation) Act

Link to law: http://www.moj.gov.jm/laws/animals-diseases-and-importation-act
Published: 1948-10-15

ANIMALS (DISEASES AND IMPORTATION)

THE ANIMALS (DISEASES AND IMPORTATION)
ACT

ARRANGEMENT OF SECTIONS

1. Short title.

PART I. Preliminary
2. Interpretation.
3. Appointment of inspector.

PART 11. Control of diseased or suspected animals

4. Segregation and notification of diseased animals, etc.

6. Infected areas.
7. Defined port.
8. Slaughter of diseased or suspected animals.
9. Disposal of animals.

10. Compensation.
11. Order amending de6nition of disease.
12. Regulations.

5. Infected places.

PART III. lmportatim

13. Prohibition of importation of birds. etc.
14. Regulations controlling the importation of animals, etc.
15. Imprt licence for birds, etc.
16. Quarantine depots
17. Imported animals. etc., to be quarantined.

PART Iv. General

18. Powers of apprehension.
19. Powers of inspector.
20. offences.

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2 ANIMALS (DISEASES A N D IMPORTATION)

21. Penalty.
22. Evidence and presumptions.
23. Transport through infected places and areas.
24. Power to prohibit use of railway, etc., by order
25. Power to apply Act to poultry.
26. Saving.

SCIIEDULE

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ANIMALS (DISEASES AND IMPORTATION)

THE ANIMALS (DISEASES AND IMPORTATION)
ACT

C.p.14.
A d I

6 of 1966,
42 of 1969
3rdscb

V5zh October, 1948.1

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

PART I. Preliminary

“animal” includes cattle, buffalo, horses, mules, asses,
sheep, swine, goats, dogs, cats and all animals of what-
soever 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;

“defined port” means a port as defined by any regulations .
made under section 14;

“disease” means the diseases set out in the Schedule, and &tbaillto.
such other diseases as the Minister may from t h e to
time by order made under section 11 declare to be a
disease within the meaning of this Act;

httaprrt.-
tion. 2. In this Act-

“diseased” means affected with disease;
“fodder” means grass, hay or any other substance com-

“infected area” means an area declared as such under

‘‘infected place” means a place declared as such under

monly used for the food of animals;

section 5 or 6;

section 5;
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4 ANIMALS (DISEASES A N D IMPORTATION)

“insect” includes members of the class Insecia and of the
class Arachnida;

“inspector” means an inspector appointed by the Governor-
General under section 3;

“litter” means straw or any other substance commonly used
as the bedding for, or otherwise used for or about,
animals;

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

“suspected” means suspected of being diseased.

Appointment 3.-(1) The Governor-General 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
assistant 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.

of inspector.

PART 11. Control of diseased or mspectea animals
segregation
and notifica-
tion of
discawd
animals, elc.

4 . 4 1 ) Every person having in his possession or under

(U) as far as practicable keep such animal separate
from animals not so diseased; and

(6) 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 information
thereof to the inspector.

his charge any diseased animal shall-

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ANIMALS (DISEASES AND IMPORTATION) 5

5 4 1 ) Where the inspector suspects that any disease $fz;*
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 sub-
section (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-

(U) if satisfied that such course is expedient or neces-
sary, shall by order declare the place specified in
such notice to be an infected place, and may also
by order declare that any area containing, adjoin-
@, 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.

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Infstsd 6. 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 the Island to be
infected with disease, and such order shall specify the limits
of such infected area.

areas.

Defined
port.

Slaughter of
diseased or
auapccled
animals.

DispasaI of
animals.

Compensa-
tion.

7. No defined port, or part thereof, shall be declared to

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 diseased 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 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 this
Act, or which dies as the result of disease, shall be
destroyed, buried, or otherwise disposed of, as soon as
possible in accordance with regulations made under this
Act and in accordance with the orders, either general or
particular, of the inspector; and for such purposes the
inspector may use any suitable ground in the possession or
occuption of the owner of the animal.

be an infected place or an infected area.

10.-(1) The Minister may in his discretion award, for
the compulsory slaughter of any animal under the provisions
of this Act, compensation which shall be payable out of
the Consolidated Fund. The amount of any such compensa-

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ANIMALS (DISEASES A N D IMPORTATION)

tion shall not exceed the value of the animal immediately
before slaughter, and compensation may be reduced or
refused where the owner or the person having charge of
the animal 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.

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11. The Minister may from time to time by order add order
unending any particular disease to, or remove any particular disease deanitionof

from, the Schedule, and as from 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.

lZ.-(l) 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 (11 may,
without prejudice to the generality of such power make
provision with regard to-

(U) the adaptation and modification of the provisions
of this Act in relation to any animals suffering
from any particular disease;

(b) the notices to be given by persons in possession 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 notices
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
cleaning or disinfecting of such places or areas;

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(6) the movement of persons into, within or out of
infected places or infected areas, and the preven-
tion of the spread of disease by persons in contact
with diseased 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;

C f ) the movement, isolation, segregation, treatment,
slaughter, destruction, disposal, burial, seizure,
detention, and exposure for sate, of diseased or
suspected animals;

(g) the removal, transport, treatment, isolation,
examination, testing, cleansing, disinfecting, pro-
tection from suffering, exposure for sale, exhibi-
tion, or marking of animals;

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

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

63 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.

PART 111. Zmpurtution

Rohibition

tlOn of
birds,etc.

6’1968 S. 3(2) &

13.41) No bird, reptile or insect may be imported into
the Island save under and in accordance with a licence
granted by the Director of Veterinary Services under the
provisions of section 15.

of importa-

Sfh.

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ANIMALS (DISEASES A N D IMPORTATION)

(2 ) Any person who-
(a) imports into the Island any bud, reptile, or

insect, otherwise than under a licence in that
behalf granted under section 15; or

(b) contravenes or fails to comply with any of the
provisions of any such licence,

shall be guilty of an offence against this Act; and any bird,
reptile or insect in respect of which any such offence is
alleged to have been committed may be seized and on con-
viction shall be forfeited to the Crown.

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14.--(1) The Minister may, for the purpose of preventing Rwulatiom
the introduction or spread of any disease into the Island, theimporta-

regulating the importation of animals or poultry, or any
specific kind thereof, or of carcasses, fodder, litter, dung
or other similar things.

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

(a) specifying and defining the ports at which animals
or poultry, or carcasses, fodder, litter, dung or
similar things may be landed,

(b) controlling, prohibiting or regulating the move-
ment of animals or poultry, or of carcasses, fodder,
litter, dung or similar things into, within, or out
of any defined porc

(c) controlling the examination, cleansing, destruc-
tion, disposal, seizure and detention of any animal
or poultry, or of carcasses, fodder, litter, dung or
other similar things in a port;

(d the fees and expenses incurred for any purposes
for which regulations may be made under this
section, and the persons to whom they are to be

wntrollurg

tion of make regulations prohibiting, restricting, controlling or animals, etc.

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paid and the manner in which they may be
recovered.

lS.-(l) The Director of Veterinary Services may grant
to any person a licence to import any bird, reptile or insect
into the Island, and may, notwithstanding anytbhg con-
tained in any regulations made under section 14, for the
purposes of any exhibition, performance, or Circus, grant
a licence to import any particular animal into the Island.

(2) Any licence granted under this section may con-
tain such terms and conditions as the Director of Veterinary
Services may think necessary.

(3) Every person desirous of applying for a licence
shall make application in such form as the Director of
Veterinary Services may require.

16. The Minister may appoint quarantine depots in
such places as he may deem necessary, and all animals,
birds, reptiles or insects, required to be quarantined under
this Act or any regulations made, or licence granted,
thereunder, shall be placed within such depots in
accordance with the orders of the inspector.

Import
licence for
birds, etc.
6/1968
S. 3(2) &
Sch.

6/1968
S. 3 8 ) &
sch.

61 1968
S. 3(2) &
Sch.

Quarantine
depob.

Lmported 17. All animals, birds, reptiles and insects imported
into this Island shall, subject to any regulations made

quarantined. under this Act or to the terms and conditions of any
licence grantd under this Act, be placed in a quarantine
depot for such time and under such conditions as may be
specified in such regulations or in any such licence.

animals, etc..
to be

PART Iv. General
18.-(1) Where any person is found committing, or is

reasonably suspected of being engaged in committing, an
offence against this Act or against any regulation made
thereunder, any constable may without warrant stop and
detain him, and if his name and address are not known to

Powers of
apprehcn-
sion.

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ANIMALS (DISEASES A N D IMPORTATIOh')

the constable and he fails to give them to the satisfaction
of the constable, such constable may without warrant
apprehend him and may, whether he has so stopped, de-
tained or apprehended 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 unlaw-
fully removed, and execute and enforce that requisition.

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

(3) A person apprehended under this section shall
not be detained without warrant longer than is necessaTy
for the purpose of being taken before a Justice, and the
provisions of the Constabulary Force Act in relation to
the granting of bail shall apply to any such person.

19. The inspector shall have all the powers given to a Powcnoi
inaptor. constable under section 18 and may at any time enter-

(a) any pen, building, land, or place where he has

(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
of any place in respect whereof any person
has on any occasion failed to comply with
the provisions of this Act or of any
regulations made thereunder; or

reasonable grounds for supposing-

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12 ANIMALS (DISEASES AND IMPORTATION)

(iv) that this Act or any regulation made there-
under has not been or is not being complied
with;

(6) any vehicle, vessel, or boat, in which or in respect
whereof he has reasonable grounds for believing
that this Act or any regulation made thereunder
has not been or is not being complied with.

OEenas. 20. Any person who, without lawful authority or excuse

(U) when required by this Act, or by any regulation
made thereunder, to keep any animal separate as
far as practicable, or to give any notice of disease
with all practicable speed, fails to do SO, or

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

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

(4 refuses to the inspector, acting in execution of
this Act or of any regulation made thereunder,
admission 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 constable 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, drain, or other water,
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

the proof whereof shall lie on him-

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ANIMALS (DISEASES A N D IMPORTATION)

V, takes, or allows to be taken, unless otherwise
required by this Act or by any regulations made
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 of any animal which has been
slaughtered under this Act as diseased or SUS-
pected, 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 otherwise than in accordance with this Act
or with any regulations made thereunder; or

0 allows any animal to stray into or out of any
infected place or infected area,

shall be guilty of an offence against this Act.

21. Any person guilty of an offence against t h i s Act or Penalty.
against any regulations made thereunder, shall, save where
otherwise expressly provided, be liable for each such offence
on summary conviction before a Resident Magistrate to a
h e not exceeding one hundred dollars or to imprisonment
with hard labour for any term not exceeding six months.

22.-(1) Where the owner or person in charge of any €*dencc
animal is charged with an offence against this Act, or ~ ~ ~ $ ~ n r
against any regulations 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 satisfaction of the court that he had
not knowledge thereof and could not with reasonable
diligence have obtained that knowledge.

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

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Transport
through
infected
places and
areas.

Power to
prohibit use
of railway,
etc., by
order.

Power to
apply Act
to poultry.
Applicd by
L.N.
39/1949.
L.N.
93 / 1959.
Saving.

ANIMALS (DISEASES A N D IMPORTATION)

certificate shall for the purposes of this Act or of any
regulations made thereunder be conclusive evidence in all
courts of justice of the matter certified.

23. Subject to any specific provision in any regulations
or order under this Act, nothing in this Act, or in any
regulations made thereunder, shall restrict or prohibit the
transport of any person, animal, or thing, by railway or by
public road through an infected place or an infected area
if such person, animal, or thing, is not detained within such
place or area.

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

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

(6) the use, except in compliance with such conditiom
as may be specified in such order, of any such
railway or public road or of any part of such
railway or public road.

(2) Any person who contravenes or fails to comply
with the provisions of any order made under subsection (1)
shall be guilty of an offence against th is Act.

25. 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
made thereunder, to poultry.

26. Nothing in this Act shall apply to bees.

N.B. By Legal Notices Nos. 3911949 and 93/1959 published in the Jamaica
Gozeffe Supplement, P.R & R., of 13th May. I949 and 26th March, 1959,
the provisions of the Act were made to apply to poultry in the same manner
in all respccts as the said provisions apply to animals

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ANIMALS (DISEASES AND IWORTA TION) 15

SCHEDULE (Sections 2 and 1 1)
A d t .
L.N. 20n008.

African Horse Sickness Leptospirosis of Livestock
(Equine Plague, Pesris equorum)

African Swine Fever (A3.F.) Lumpy Skin Disease

6 Anthrax
%&

Atriphicrhinitis

Aujeszkys Disease

. Blonwilde Beesog

Malignant Catarrhal Fever

Mange ovine (commonly call4
Sheep scab)

Melitensis infection (commonly
called Malta Fever)

Newcastle disease (commonly called
fowl pest or fowl plague)

Blue Tongue Paralytic rabies @at transmitted)
Brucellosis Psittacosis (synonym-ornithosis)
Contagious bovine pleuropneumonia Rabies
Cochliomy ia hominivorax Rift Valley Fever

(commonly called the New World (Enzootic hepatitis)
Screwwonn Myiasis)

East Coast Fever (Theileriasis) Rinderpest
Epizootic lymphangitis
Equine encephalomyelitis

Sarcoptic mange in horses
Sweating Sickness

Equine infectious anaemia Swine erysipelas
Equine piroplasmosis swine Fever (commonly called hog

(Biliary Fever) cholera)
Foot and mouth disease Three-day Sickness (Ephemeral

Fever)
Glanders and farcy Teschen Disease
Heart Water Fever Trichomoniasis
Haemorrhagic Septicaemia Trypanoso miases (including

dourine, ma1 de caderas, surra and
trypanosoma vivax infection)

Infectious or Epizootic Tuberculosis
Infertility in Cattle (Epivag)

Infectious Keratitis Variola ovine
(Infectious conjunctivitis, Pink eye,

Contagious ophthalmia)
Infectious laryngotracheitis Variola vaccinia
Leishmaniasis Vesicular exanthema
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