CHAPTER 36:04
LIVESTOCK IMPROVEMENT

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Animal Production Advisory Board

    3.    Establishment of Animal Production Advisory Board

    4.    Membership of Board

    5.    Functions

    6.    Tenure of office of members

    7.    Disqualification

    8.    Removal and resignation

    9.    Filling of vacancy

    10.    Disclosure of interest

PART III
Meetings and Proceedings of the Board

    11.    Proceedings of the Board

    12.    Committees

    13.    Remuneration

    14.    Indemnity of members

PART IV
Registrar, keeping of Register and offences in connection with the Register

    15.    Registrar

    16.    Register

    17.    Register or certificate as evidence

    18.    Approval and registration

    19.    Offences in connection with the Register

PART V
Schemes for the evaluation and certification of the performance of animals

    20.    Establishment of schemes

PART VI
Livestock Breeders' Societies

    21.    Registration of livestock breeders’ societies

    22.    Amendment of constitution of livestock breeders’ societies

    23.    Action against livestock breeders’ societies

    24.    Revocation of registration

    25.    Annual returns of livestock breeders’ societies

PART VII
Stud Book Association

    26.    Establishment of Stud Book Association

    27.    Powers of Stud Book Association

    28.    Constitution of Stud Book Association

PART VIII
Financial Provisions

    29.    Funds

    30.    Financial year

    31.    Accounts and audit

PART IX
General

    32.    Appeals

    33.    Confidentiality

    34.    Limitation of liability

    35.    Discretionary powers of Registrar

    36.    False or misleading adverts

    37.    Offences and penalties

    38.    Regulations

    39.    Repeal of Cap. 36:04

Act 9, 2009,
S.I. 131, 2020.

An act to provide for the improvement of the livestock industry through the establishment of the Animal Production Advisory Board and livestock breeders’ societies, and matters incidental thereto.

[Date of Commencement: Parts I to III, ss 15 to 18, ss 21 to 22, Part VIII and s 32 - 1st November 2012; s 19, Part V, ss 23 to 25, Part VIII and ss 33 to 39 - 1st November 2020]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Livestock Improvement Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "animal scientist" means any person who holds a degree in animal agriculture;

    "Association" means the Stud Book Association established under section 26(1);

    "Board" means the Animal Production Advisory Board established under section 3;

    "centre" means a semen collection centre licensed in accordance with Regulations made under this Act;

    "collection" in relation to semen, means the obtaining of semen from a male animal for the purposes of breeding, but does not include such obtaining for any other purpose;

    "Department" means the Department of Animal Production;

    "Director" means the Director of the Department of Animal Production;

    "embryo transferor" means any person who collects, evaluates, processes, packs or stores ova or embryos, or who carries out the inovulation of animals;

    "evaluation" in relation to semen, means the examination of semen to assess its suitability for use in artificial insemination, but does not include such examination by a veterinary surgeon;

    "inovulator" means a person who collects or harvests egg cells from the donor animal for purposes of embryo transfer;

    "inseminator" means a person who carries out the insemination of animals;

    "livestock breeders society" means a group of persons promoting the breeding, improvement and use of animals and to whom a certificate of registration has been issued in terms of section 21(5);

    "member" means a member of the Animal Production Advisory Board;

    "ovum" means an egg cell of a female animal other than poultry;

    "owner" means—

    (a)    when used in relation to any premises, land or place—

        (i)    the registered owner thereof when he is in actual occupation of that premises; or

        (ii)    where the owner is not in actual occupation of the premises, any person who, whether as a lessee or licensee, or otherwise entitled, has, for the time being, the charge, control and management of such premises, land or place;

    (b)    when used in relation to any animal—

        (i)    any person who is the sole or part owner of the animal;

        (ii)    where the sole owner or part owner of the animal has not, for the time being, the control or custody of the animal, the person who has such control or custody of that animal;

    "process" in relation to semen, means to—

    (a)    dilute, except for the purpose of, or in the course of, the collection or evaluation of the semen;

    (b)    add any substance, except for the purpose of, or in the course of, the collection of semen, which is calculated to prolong the natural life of the semen;

    (c)    add any antibiotic for the purpose of promoting and safeguarding animal health;

    (d)    package into straws;

    (e)    freeze, except for the purpose of, or in the course of the evaluation of the semen; or

    (f)    quarantine for a period of 28 days following freezing under paragraph (e):

        Provided that processing shall not be complete until all the processes under paragraphs (a) to (f) have been carried out;

    "quarantine" means to hold in authorised isolation;

    "Register" means a register established and maintained under section 16;

    "Registrar" means the Registrar appointed in terms of section 15;

    "semen collector" means a person who collects, evaluates, processes or stores semen, and who carries out the artificial insemination of animals;

    "transfer" means the transfer of semen or embryo to a female recipient;

    "veterinary surgeon" has the meaning assigned to it under the Veterinary Surgeons Act (Cap. 61:04).

PART II
Animal Production Advisory Board (ss 3-10)

3.    Establishment of Animal Production Advisory Board

    There is hereby established an advisory body to be known as the Animal Production Advisory Board, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued and, subject to the provisions of this Act, of performing such acts as bodies corporate may, by law, perform.

4.    Membership of Board

    (1) The Board consists of the following members appointed by the Minister, in writing—

    (a)    an animal scientist and a veterinary surgeon, both from the Department of Animal Production;

    (b)    two animal scientists, one appointed from the Department of Agricultural Research and the other from the Botswana College of Agriculture respectively;

    (c)    six other persons appointed by the Minister from among persons whose names have been submitted to the Registrar by each of the following bodies—

        (i)    the Botswana Meat Commission,

        (ii)    the Botswana Agricultural Union,

        (iii)    the Botswana Veterinary Association,

        (vi)    the Stud Book Association,

        (v)    the Botswana Society of Animal Production,

        (vi)    the Dairy Association,

        (vii)    a representative from the Ministry responsible for the environment; or

        (viii)    such other body which deals with the livestock industry, as the Minister may determine.

    (2) The Minister shall publish appointments to the Board by notice in the Gazette.

5.     Functions

    The Board shall advise the Minister on matters concerning—

    (a)    the development and improvement of the livestock industry;

    (b)    the development of farmed game;

    (c)    the provision of services in accordance with the needs of the livestock industry;

    (d)    the desirability of the establishment of a scheme for the evaluation and verification of the performance of animals with the object of improving the genetic production potential of those animals;

    (e)    the priorities in respect of research, and the co-ordinated utilisation of research facilities, in connection with the livestock industry;