DISEASES OF ANIMALS: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(under section 8)
(10th December, 1982)
ARRANGEMENT OF PARAGRAPHS
2. Declaration of stock-free zones
3. Stock to be removed from stock-free zone
S.I. 141, 1982.
This Order may be cited as the Diseases of Animals (Declaration of Stock-Free Zones) Order.
Any area specified in the Schedule hereto is hereby declared to be a stock-free zone for the purposes of control of disease.
Any stock in an area declared to be a stock-free zone shall be removed forthwith by the owner or the person having possession or custody of such stock from such area.
Any person who contravenes the provisions of paragraph 3 shall be guilty of an offence and liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding one year, or to both.
(1) Gaborone City and Farms comprising-
(a) the remainder of the Farm Broadhurst B No. 4-KO, as shown on Diagram No. A620/1916;
(b) the Farm Annex Bonnington being portion 1 of the Farm Broadhurst B No. 4-KO, as shown on Diagram No. 582/1926; and
(c) lot 5384 (originally the Farm Broadhurst A No. 5-KO), as shown on Diagram A619/1916, with the exclusion of lot 6416 as shown on Diagram DSL 173/78,
as will more fully appear from Plan No. 246-KO deposited with the Director of Surveys and Lands, Gaborone.
(2) The vicinity of Motopi Government Veterinary Laboratory, namely, the area bounded by a continuous line outside the line described by the perimeter fence of the Government Veterinary Laboratory at Motopi, every point on which continuous line is 7 km from the nearest point on the line described by that perimeter fence, less so much of the area so bounded as lies south of the Boteti River.
(3) Areas of zones 16 and 17 as defined in Plan BP-223 deposited in the office of the Director of Surveys and Lands, Gaborone.
(4) Any area declared as a game reserve under the Wildlife Conservation and National Parks Act.
(under section 19)
(9th April, 1926)
ARRANGEMENT OF REGULATIONS
4. Importation and transport of stock
5. Permit for importation
7. Detention pending examination
8. Duty of owner for feeding, etc.
9. Expenses of confined animals
11. Removal of stock
13. General regulations
14. Stock-free zones
16. Infecting stock
17. Possession of infected stock
18. Order for movement of stock
19. Cleansing of markets
21. Testing dipping tanks
22. Order for inoculation
24. Destruction of stock
26. Suspected outbreaks
27. Investigation of reports
29. Removal from places of isolation
30. Requirements from owners
31. Instruction to owners
32. Duties of owners
33. Removal by owners
34. Stock to be fenced
35. Retaining carcasses of infected stock
36. Seizure of stock
37. Keeping of stock
38. Branding in infected areas or places of isolation
39. Seizure of stock outside infected areas
40. Slaughter or death of stock in infected areas
41. Importation without permit
42. Notices on public roads
43. Driving stock on public roads
44. Stock from clean farms
45. Stray stock
46. No diseased stock to be impounded
47. Disposal of hooves, etc., of diseased stock
48. Disposal of hooves, etc., of stray stock
50. Branding of cattle
51. Assisting in branding
52. List of branded animals
54. Destruction of fences
55. Damaging fences
56. Leaving gates open
57. Cattle removal permits
58. Removal of vegetable or animal products
59. Prevention of straying
60. Order for isolation of stock removed without permit
61. Restriction on movement
62. Grazing and watering
63. Removal without permit
65. Non-application of Regulations
66. Decision of Director
67. False information
68. Wrongful issue of permits
69. Contents of permits
70. Failure to comply with permits
71. Recovery of expenses
72. Hindering or obstructing officials
74. Second or subsequent offences
76. Breeding diseases
77. Theileriosis or gonderiosis
78. Epizootic lymphangitis and ulcerative lymphangitis
79. Foot-and-mouth disease
80. Glanders or farcy
81. Mange in equines
82. Pleuropneumonia, contagious (or lung-sickness)
83A. Peste des Petit Ruminants
84. Destruction of dogs and cats in a diseased area
85. Control of dogs and cats
86. Movement into and out of diseased area
87. Keeping of unvaccinated dogs and cats
90. Rinderpest-cattle plague
91. Scab in sheep
93. Charges for dipping
94. Cleansing of railway trucks
95. Isolation by chiefs, etc.
96. Erection of dipping tanks
97. Application of Regulations regarding scab
98. Swine fever and swine erysipelas
102. Export without permit prohibited
103. Bringing cattle or small stock for inspection
HCN 28, 1926,
HCN 40, 1926,
HCN 80, 1926,
HCN 157, 1926,
HCN 128, 1928,
HCN 138, 1928,
HCN 53, 1931,
HCN 76, 1931,
HCN 106, 1931,
HCN 42, 1932,
HCN 67, 1932,
HCN 25, 1933,
HCN 105, 1933,
HCN 146, 1933,
HCN 18, 1937,
HCN 63, 1937,
HCN 48, 1938,
HCN 156, 1938,
HCN 108, 1939,
HCN 230, 1939,
HCN 208, 1940,
HCN 15, 1942,
HCN 341, 1942,
HCN 96, 1945,
HCN 198, 1948,
HCN 199, 1948,
HCN 39, 1949,
HCN 92, 1949,
HCN 37, 1950,
HCN 46, 1950,
HCN 196, 1950,
HCN 40, 1952,
HCN 179, 1952,
HCN 214, 1952,
HCN 88, 1957,
HCN 98, 1960,
HCN 42, 1961,
S.I. 2, 1969,
S.I. 34, 1969,
S.I. 65, 1970,
S.I. 79, 1976,
S.I. 123, 1977,
S.I. 69, 1982,
S.I. 100, 1998,
S.I. 66, 2001
S.I. 46, 2017.
These Regulations may be cited as the Diseases of Stock Regulations.
In these Regulations-
"cattle" means bulls, oxen, cows, heifers and calves;
"contagious disease" or "infectious disease" means a disease specified in and for the purposes of these Regulations;
"dip fluid" means an effective scab-destroying liquid of sufficient strength to ensure the destruction of the scab mite;
"dipping" means the immersion in dip fluid for a period of not less than two minutes of the bodies of the animals to be treated, and the submersion of the heads of such animals in dip fluid at least twice during such operation;
"Government veterinary officer" means an officer for the time being holding the appointment of Government veterinary officer;
"infected area" or "suspected area" means any area of land in Botswana which the President may by regulations declare to be an infected or suspected area as the case may be;
"infected sheep" means-
(a) any sheep infected with scab;
(b) any sheep forming part of a flock in which there are sheep so infected;
(c) any sheep which have been in contact with any infected sheep or have intermixed with any flock of scab-infected sheep within six weeks;
(d) any sheep which have or which have had within six weeks the same grazing ground in common with scab-infected sheep;
(e) any sheep which have been kept or confined in any kraal, sleeping place, or other premises in which infected sheep have been kept and which has not subsequently been declared by an inspector to be free from infection;
"official" means any District Officer, the Director, any Government veterinary officer, cattle export inspector, stock inspector, or scab inspector, or any person appointed or seconded from any other service to act in any such capacity, or any other member of the Veterinary Department authorized thereto by the Director, and also any member of the Botswana Police Force appointed by the President to carry out the provisions of these Regulations;
"place" means any land or premises owned or occupied or used by any person or body of persons, whether corporate or unincorporated, and also means any portion of land or any building specially specified by an official under these Regulations and any dipping tank;
"place of isolation" means any place specified by an official under these Regulations for the grazing, stabling, isolation, concentration, or confining of stock;
"port of entry" means a place declared under and for the purposes of these Regulations to be a port of entry for stock;
"public road" means any public road or road of necessity in Botswana established under and by virtue of the Public Roads Act;
"scab" means the disease caused, in the case of sheep, by the parasites known as the Sarcoptes scabii, variety ovis; Psoroptes communis, variety ovis; and in the case of goats by the parasites known as the Sarcoptes scabii, variety capri; Psoroptes communis, variety capri; and Symbiotes communis, variety capri;
"sheep" includes goats;
"small stock" means sheep, goats, pigs and dogs;
"special quarantine area" means any area of land defined as such under and for the purposes of these Regulations;
"stock" means cattle, sheep, camels, goats, horses, mules, asses, pigs and slaughtered carcass or portion of the slaughtered carcass of such animals, all domesticated birds or poultry or any portions thereof, and for the purposes of regulations 57 to 74 shall include all canines, felines, other carnivora and monkeys; and shall include any other animal which has been prescribed to be stock under the Act to be stock for the purposes of these Regulations;
"stock inspector" or "scab inspector" means any person appointed as a stock inspector or scab inspector in Botswana;
The following diseases are hereby specified for the purposes of these Regulations and shall be dealt with as hereinafter directed-
(b) bacillary necrosis;
(c) breeding diseases, i.e. brucellosis, vibriosis, trichomoniasis and epidelymitis vaginitis;
(e) theileriosis or gonderiosis;
(f) epizootic lymphangitis;
(g) foot-and-mouth disease;
(h) glanders and farcy;
(i) mange in equines;
(j) pleuropneumonia, contagious (or lung-sickness);
(k) quarter evil;
(n) scab in sheep;
(p) swine erysipelas;
(q) swine fever;
(t) ulcerative lymphangitis;
(u) lumpy skin disease;
(v) Johne's disease;
(w) mange in the bovine, goat and pig;
(x) Newcastle disease;
(z) bovine spongiform encephalopathy;
(aa) transmissible spongiform encephalopathies;
(bb) avian influenza,
(cc) peste des petit ruminants (PPR),
and any other disease to which stock are liable, and which may be prescribed under the Act to be a disease for the purposes of these Regulations.
On and after the commencement of these Regulations, no stock shall be imported into Botswana except as provided in these Regulations.
(1) Anyone desirous of importing stock into Botswana shall first make an application to the Director or through any other official to the Director for a permit stating-
(a) the number and kind of stock which it is desired to introduce, and their breed and sex, stating in the case of cattle whether they have been or are to be kept for dairying or beef purposes, or both;
(b) the country and the particular district and farm, from which they come;
(c) the route by which they will travel and if required shall produce a certificate from a Government veterinary surgeon, or some duly authorized officer, stating that the stock is free from diseases, and have not come from an infected area.
(2) On receipt of these particulars, the Director may grant a permit for the importation of the stock, provided such importation is not prohibited by any special regulation, or considered by him, after reference to the Minister, likely to be detrimental to the interests of the livestock industry for any other reason, and subject to such conditions as he may consider desirable to impose in order to protect Botswana against the introduction and spread of any disease.
(3) In addition to any conditions which may be imposed by any official under subregulation (1)(c) a permit will be issued for the introduction of pigs into Botswana in terms of that regulation only upon production of a certificate issued by a veterinary surgeon duly authorized thereto by the Government of the country of origin of the pigs certifying that they-
(a) have not been vaccinated against swine fever (Hog cholera) by the serum-virus method;
(b) were subjected to and successfully passed the tuberculin test for both bovine and avian tuberculosis;
(c) were kept in isolation at the port of embarkation or other place approved by the Government of the country of origin for the period of 14 days immediately preceding the date of shipment to Botswana and that during that period they were found on examination to be free from ascaris infection and external parasites;
(d) were examined by him immediately prior to shipment and found to be healthy and free from foot-and-mouth disease, swine fever, swine erysipelas, swine influenza, swine plague, Anjeszky's disease, rabies, anthrax and all other diseases to which swine are susceptible or which they are capable of conveying; and that to the best of his knowledge and belief they emanate from a country, district or other administrative area which is free from all such diseases, and has been so free for a period of at least six months.
(4) This regulation shall not apply in respect of the introduction of pigs from the Republic of South Africa, Namibia, Lesotho, Swaziland and Zimbabwe.
(1) It shall be lawful for the Director to order that any stock entering Botswana shall be detained and inoculated against any disease or be tested for any such disease or be dipped or disinfected in such manner as he may direct.
(2) Any expenses incurred by the Director in connection with the detention, examination, inoculation, testing, dipping or disinfection of such stock shall be borne by the person bringing or importing the stock into Botswana.
All stock, except dogs and other carnivora or monkeys coming from countries in which rabies does not exist, imported on or after the commencement of these Regulations, may be detained at the border until they have been examined by an official appointed for the purpose, and shall only be allowed to proceed when such official is satisfied that they are free from disease.
In the case of stock which it has been found necessary to detain for examination, it shall be the duty of the owner to make the necessary arrangements for feeding, watering, and herding the same, and if he fails to make such arrangements, such stock shall remain, at the risk of the owner, at the place where they are detained, and if they are fed, watered, or herded by order of the Director, all costs shall be recoverable from the owner.
If the Director deems it advisable to confine detained stock in kraals or stables, the expense of feeding and all extra expenses connected with attendance shall be borne by the owner of the detained stock.
Slaughter stock entering Botswana may be branded with a special brand at the discretion of the Director.
(1) In the case of any stock entering Botswana being found or suspected of suffering from a disease, or being suspected to have been in contact with stock suffering or suspected to be suffering from a disease, the Director may order the owner to remove the stock over the border, or in the alternative to retain them in Botswana under such conditions as he may prescribe in the order.
(2) If for any reason it is impossible to have any infected or suspected stock returned over the border, the Minister or any officer specifically authorized thereto by him may direct that the stock shall be slaughtered or dealt with in any manner he may prescribe.
Any stock which has come into Botswana, whether such stock is driven or is allowed to stray into Botswana, except in the manner provided by these Regulations, may be slaughtered by order of the Minister or any officer specifically authorized thereto by him or dealt with in whatever manner the Minister or any such officer may prescribe, and the person who imports or causes such stock to be imported, or allow such stock to stray into Botswana, or the person in charge of the same, shall be guilty of an offence against these Regulations.
(1) No stock shall be moved from any one place to any other place in Botswana until sufficient efficient herds are provided by the owner to keep such stock under proper control and to prevent any such stock from straying.
(2) Any owner of stock who fails to comply with this regulation shall be guilty of an offence.
(1) No owner of stock or any person shall introduce or move or cause or allow to be introduced or moved any stock into or within any area declared under section 8 of the Act to be a stock-free zone without the written permission of the Director or his representative.
(2) Any person who introduces or moves stock in contravention of this regulation or whose stock is found to have come into such area without such permission shall be guilty of an offence and shall be liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding 12 months.
Any official shall have the power at any time to inspect any stock wherever such stock may be kept, driven or depastured, or may enter upon any place whatsoever for the purpose of ascertaining whether any stock is suffering from a disease, or for the purpose of ascertaining whether the regulations in respect to the cleaning and disinfection of the said place have been properly carried out, and may take with him such assistants and such animals, vehicles, instruments, appliances, drugs, or other things whatsoever as will enable him more effectively to perform such duty.
Any person who in any suspected or infected area is found collecting or in possession of stock infected with ticks or any other living thing or any article capable of infecting stock, or removes any infected stock, with intent to infect stock therewith or to spread amongst stock any disease, shall be guilty of an offence and shall be liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding five years, or to both.
(1) Any person who within Botswana is found in possession of stock infected with ticks or any other living thing or any articles capable of infecting stock with the intent mentioned in regulation 16 shall be guilty of an offence and liable upon conviction to the penalties prescribed in that regulation.
(2) The burden of disproving any such intent shall in any prosecution under this regulation 16 lie on the accused.
(1) The President may for the purpose of preventing the introduction or spread of any disease order any stock to be moved to any place from any other place, or isolated in such manner and under such conditions as he may prescribe in consultation with the Director.
(2) He may also prohibit in any district or portion thereof the holding of exhibitions of stock and the sale of stock on public markets and in private saleyards.
All public markets and private sale and auction yards, butchers' shops, and slaughterhouses, and all structures and enclosures connected therewith in which stock have been confined shall be cleansed and disinfected to the satisfaction of the Director at the close of each day during which they have been used, in accordance with instructions laid down by the Director.
(1) The Director or other official authorized in writing by him, may order any stock within Botswana to be dipped, washed, sprayed, or otherwise disinfected if he considers it necessary for the prevention of the spread of disease and for that purpose or for the purpose of inspection may order any stock to be collected at a specified place and time subject to at least 48 hours' notice in writing to that effect and the Minister may prescribe a scale of fees for such dipping, washing, spraying, or disinfecting.
(2) All such fees shall be recoverable by action in any competent court.
(1) It shall be lawful for any official to enter upon any place in Botswana for the purpose of taking fluid from any dipping tank, and to test such fluid to ascertain if it is of the correct strength for the proper dipping of stock.
(2) If the official finds on testing that the dipping fluid is not of the correct strength for the proper dipping of stock, he shall require the owner of the dipping tank to make the fluid the correct strength.
It shall be lawful for the Director to order any stock within Botswana to be inoculated in a manner approved by him against disease or to be tested for disease to which these Regulations apply.
(1) Any veterinary surgeon authorized by the Minister to inspect stock for the purpose of ascertaining whether they are infected with disease shall have the right to slaughter one or more animals and to make a post-mortem examination.
(2) Compensation to the owner will be paid to the amount of the current market value (not exceeding P40 per head) of such stock which on being slaughtered and examined are found to be free from the disease which was suspected.
(1) It shall be lawful for the Minister to cause to be destroyed any stock-
(a) which are found to be infected with disease;
(b) which have been in contact with any stock infected with disease or have been in any infected area or place;
(c) which are found in any stock-free zone,
or to prohibit the removal from any place of any forage, grass, hay, grass rushes or any article or living thing likely to convey or spread any disease.
(2) Except as mentioned in these Regulations no compensation shall be payable in respect of any loss or damage caused by the exercise of the powers of these Regulations.
(3) The Minister may, by notice published in the Gazette, delegate any person by name, or the person for the time being holding the office designated by him, to exercise any of the powers vested in him under subregulation (1) hereof, for a period not exceeding three months at any one time subject to such conditions, exceptions and qualifications as he may prescribe; and thereupon the person so delegated shall have and exercise such powers, subject as aforesaid.
(4) Any delegation made under subregulation (3) shall be revocable by the Minister at any time by notice published in the Gazette, and no such delegation shall prevent the exercise of any power by the Minister.
As soon as the owner of any place or any owner of stock or any veterinary surgeon who may be called in by the owner has reason to suspect that any stock in his charge or possession or in respect of which he has been called in is suffering or has died from a disease, he shall forthwith in the speediest manner possible report the same to the nearest official and shall obtain a written acknowledgement of such notice, which shall be prima facie evidence that the notice required by this regulation has been duly given.
Any person hearing of any suspected outbreak of disease, whether the stock are in his charge or his property or not, who fails to report it in the manner laid down in regulation 25 shall be guilty of an offence.
Any official on receiving notice of the outbreak or suspected outbreak of a disease shall immediately communicate with the Director, and shall use all possible means to investigate the report.
(1) It shall be lawful for an official to isolate in a place to be specified by him any stock amongst which an outbreak of disease has or is suspected to have occurred, or any other stock which have been or are suspected of having been in contact with infected stock.
(2) Such isolation shall not exceed a period of 30 days unless authorized by the Minister or Director, and the official isolating the stock shall within a reasonable time obtain the authority of the Director for such isolation.
(3) Any costs incurred in connection with the isolation shall be recoverable from the owner of the stock.
(4) Any owner of stock isolated under the provisions of this regulation may be ordered by any official to furnish such number of efficient herds as in the opinion of such official shall be necessary to herd and isolate such stock.
No person shall move or cause to be moved from or to a place of isolation as mentioned in regulation 28 any stock without the permission in writing of the official in charge of such place of isolation.