LIVESTOCK IMPROVEMENT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Livestock Improvement Regulations
LIVESTOCK IMPROVEMENT REGULATIONS
(section 38)
(16th April, 2021)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Application
4. Competent authority
5. Designation of other competent authorities
6. Approval for carrying out duties
7. Livestock breeders’ society
8. Approved laboratory
9. Performance testing, genetic evaluation or publication of evaluation results
10. Centre animal scientist
11. Semen, ova/embryo collection centre
12. Artificial insemination centre
13. Ovum or embryo collection or production team
14. Breeding animals, semen, ova and embryos for breeding
15. Scientific and educational research programme
16. General guidelines for import of animal and animal genetic material
17. Import of breeding animal, semen, ovum or embryo
18. Importer’s guidelines
19. Standards for importation of AAGM
20. Guidelines for importation of poultry, fertile or hatching eggs
21. Guidelines for export of AAGM
22. Conditions for export of AAGM
23. Sale of AAGM
24. Criteria for import or export of live animals
25. Transportation
26. Pre-conditions for live animals’ importer or exporter
27. Pre-conditions for imported or exported semen
28. Pre-conditions for imported or exported ova and embryos
29. Duties of authorised officers
30. Appeal
31. Fees
32. Registration of registering authorities
33. Registrations and approvals
34. Renewals of registrations and approvals
35. Register of registered inseminators, semen collectors, embryo transferors and inovulators
36. Register of livestock breeders’ society
37. Premises registered as centres
38. Registered import or export agent
39. Animals approved as donor animals for semen, embryos or ova
40. Register of registered registration authorities
41. Termination of registration and approval
42. Offences and penalties
S.I. 39, 2021.
These Regulations may be cited as the Livestock Improvement Regulations.
In these Regulations, unless the context otherwise requires—
"animal and animal genetic material (‘AAGM’)" means an animal or ovum, embryo, semen or any other material originating from an animal through which the hereditary factors of such animal can be transferred;
"animal health certificate" means a certificate in which the health status of animals, semen, ova or embryos is certified for the purposes of these Regulations by an official veterinarian issuing the certificate;
"approval" means any approval issued to a competent authority, by the Minister or the Registrar to carry out a duty under regulation 6;
"approved body" means an institution approved to carry out the performance testing and recording of animals as well as the genetic evaluation of animals or any other activities as required by the Act and these Regulations;
"approved for breeding" means breeding animals or the semen, ova and embryos of such animals approved for breeding;
"approved laboratory" means a laboratory approved to carry out the analytical or diagnostic tests required under these Regulations;
"authorised officer" means any government official on duty designated to execute certain functions under the Act or these Regulations;
"breed" means a population of animals which produce progeny possessing a high degree of genetic stability as shown by identifiable uniformity in breed standards and performance;
"breeder" means an owner or producer of pure-bred animals which produce progeny possessing a high degree of genetic stability as shown by identifiable uniformity in breed standards and performance, and shall be registered and affiliated to a registered livestock breeders’ society;
"breed standards" means a written set of phenotypic and genotypic standards of excellence;
"centre" has the same meaning assigned to it under the Act;
"centre animal scientist" means an animal breeder or reproduction physiologist responsible for the day-to-day supervision and management of a semen or an embryo collection centre under regulation 10;
"collection of semen" means a quantity of semen collected from a donor animal at any one time;
"consignment of embryos" means a quantity of embryos removed in one operation from a single donor animal, and with the appropriate animal health performance test records and pedigree certificates;
"embryo" means an ovum that has been fertilised and is in the initial stage of development;
"embryo transfer" means an act of implanting an embryo in a female animal;
"genetic material" means ovum, embryo, semen and any other material originating from an animal through which the hereditary factors of such animal can be transferred;
"herd-book" means any book, register, file or data medium which is maintained by a livestock breeders’ society and in which pure-bred breeding animals are registered with an indication of their ancestors or pedigree and performance information;
"landrace" means a specific breed of an animal indigenous to or developed in Botswana;
"official veterinarian" means a veterinary surgeon engaged by the Ministry and registered in terms of the Veterinary Surgeons Act (Cap. 61:04);
"OIE" means World Organisation for Animal Health;
"ovum or embryo collection (‘production team’)" means a group of technicians supervised by a team veterinarian or an animal scientist authorised to perform in-vitro fertilisation, collect, process and store ova or embryos of breeding animals;
"pedigree certificate" means a certificate issued by the registering authority and indicates the identity, ancestry and blood type of a stud animal;
"performance certificate" means a certificate issued by an authorised person or body, that indicates the identity and performance or progeny test results;
"performance testing (‘genetic evaluation’)" means the testing or genetic evaluation of breeding animals for the purpose of assessing their genetic merit;
"premises" includes a house, land, place, water or a fixed or moveable structure, and includes a vessel, vehicle, train or aircraft;
"processed" includes when an embryo is examined, washed, treated and placed in identified and sterile containers;
"pure-bred" means a pure-bred breeding animal registered in the main section of a herd-book, whose parents and grandparents are registered in a herd-book of the same breed;
"registering authority" means a livestock breeders’ society registered in terms of the Act;
"relevant stakeholder" means the Botswana Stud Book Association or a livestock breeders’ society;
"team animal scientist" means an animal breeder or a reproduction physiologist responsible for the supervision of an ovum or embryo collection team;
"team veterinarian" means a veterinarian responsible for the supervision of an ovum or embryo collection team; and
"veterinary official" means a public officer who is a technician or scientist employed by the Department of Veterinary Services.
These Regulations shall apply to a trade in and approval for breeding of breeding animals, their semen, ovum and embryo, excluding embryos derived by transfer of nuclei or cloning.
For the purposes of these Regulations, the Minister shall be the competent authority.
5. Designation of other competent authorities
Notwithstanding regulation 4, the Minister may appoint the Registrar, subject to any limitation or conditions as he or she decides, as a competent authority to grant approvals in relation to any or all the matters referred to in these Regulations.
6. Approval for carrying out duties
(1) Subject to these Regulations, the Minister or Registrar may grant an approval to a person for the carrying out of duties in subregulation (2), provided the Minister or Registrar is satisfied that the requirements of these Regulations shall be complied with.
(2) An approval under subregulation (1) may be issued for—
(a) a livestock breeders’ society in terms of section 21(1) of the Act and regulation 7;
(b) a laboratory to carry out the blood typing, analytical or diagnostic tests in terms of regulation 8;
(c) the performance testing or genetic evaluation of breeding animals in terms of regulation 9;
(d) a centre animal scientist in terms of regulation 10;
(e) a semen, ovum or embryo collection centre in terms of regulation 11;
(f) an ovum or embryo collection, production centre or team in terms of regulation 13;
(g) breeding animals used as donor animals, semen, ova and embryos for breeding purposes in terms of regulation 14; or
(h) a scientific and educational research programme involving trade in semen, ova or embryos in terms of regulation 15.
(3) An application for approval shall be—
(a) in writing;
(b) in such form as the Registrar may specify;
(c) legible and state the name and address of the applicant and if it is a body corporate, its principal place of business;
(d) accompanied by such fee as may be set out in terms of regulation 31; and
(e) addressed to the Registrar.
(4) An applicant shall provide the Registrar with such information as the Registrar may require.
(5) A person who wilfully makes a false or misleading statement under this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding six months, or to both.
(6) An approval in terms of subregulation (2), with any condition attached, shall be in writing and in such form as the Minister or Registrar may decide.
(7) An approval shall be valid for such period as the Registrar may determine or as specified on the approval.
(8) Subject to subregulation (6), the Registrar may attach any condition, including a condition on the keeping of appropriate records, at the time the approval is issued or at any other time, and may amend or revoke such condition upon notifying the applicant or a holder of the approval in writing of the condition, amendment or revocation.
(9) The Registrar may refuse an application for approval or revoke an approval if he or she is satisfied that the Regulations or the conditions of approval have not been complied with, and he or she shall notify the owner or person in charge of the facility in writing of the refusal or revocation.
(10) Notwithstanding subregulation (9), the Registrar shall not revoke, refuse or amend a condition to an approval unless he or she—
(a) notifies the applicant or holder, of his or her intention to revoke the approval, refuse the application or amend the condition;
(b) specifies his or her reasons for the intended revocation, refusal of the approval or amendment of the condition; and
(c) affords the applicant or holder of the approval an opportunity to make representations to the Registrar within 14 days of the receipt by that person of the notification referred to in subregulation (9) and has considered such representations.
(11) The holder of an approval shall, within 14 days of making any change, inform the Registrar of the change made in the operation or organisation of the activities to which the approval relates.
(12) A person who contravenes an approval or a condition of an approval or fails to comply with subregulation (11) commits an offence and is liable to a fine not exceeding P500 or to imprisonment for a term not exceeding three months, or to both.
7. Livestock breeders’ society
(1) A person shall not carry out any duties of a livestock breeders’ society or carry himself or herself as performing such duty unless he or she is the holder of an approval in respect of such society.
(2) An approval in respect of a livestock breeders’ society shall only be issued where—
(a) the applicant has met the conditions specified in Schedule 1;
(b) the approval does not endanger the reservation of the breed or negatively affect the performance testing and recording programme of existing livestock breeders' societies; and
(c) there is no prior approval of the livestock breeders’ society for the same breed.
(3) The record of animals in any herd-book which is maintained by a livestock breeders’ society shall be in accordance with the conditions as set out in Schedule 2.
(4) A livestock breeders’ society shall not refuse the recording into its herd-book of pure-bred breeding animals from the herd-books approved by competent authorities in other countries:
Provided such animals comply with the veterinary and performance testing and recording requirements set out in regulation 9.
(5) Notwithstanding subregulation (3), the entry standards of the pure-bred animals produced by natural means shall not be higher than animals produced from using semen or embryos.
(6) Stud breeders approved by the competent authorities in other countries which meet the conditions specified in Schedules 1 and 2 and which maintain herd-books for pure-bred breeding animals shall qualify as members of a local livestock breeders’ society.
(7) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
(1) A person shall not carry out or cause to be earned out molecular, analytical or diagnostic tests for the purposes of these Regulations except in an approved laboratory.
(2) Premises where molecular, analytical or diagnostic tests are carried out may be registered as a laboratory where—
(a) the prescribed facilities are available at such premises as set out under Schedule 6;
(b) the technical operations at such premises are controlled and managed by a person who complies with the prescribed requirements; and
(c) any other requirements set out by the Registrar are met.
(3) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
9. Performance testing, genetic evaluation or publication of evaluation results
(1) A person shall not carry out performance testing, genetic evaluation or publication of evaluation results unless he or she is a holder of an approval in Part I as set out in Schedule 3.
(2) The holder of an approval in terms of subregulation (1) shall comply with the conditions, the performance monitoring methods and the methods used for assessing the genetic merit of breeding animals for the traits concerned as set out in Schedule 3.
(3) A person who fails to comply with subregulation (1) commits an offence and is liable to a fine not exceeding P500 or to imprisonment for a term not exceeding three months, or to both.
(1) A person shall not be employed, engaged as or represent himself or herself as a centre animal scientist unless he or she is a holder of an approval issued under the Act.
(2) An approval in terms of subregulation (1) may only be issued to a person who, in the opinion of the Registrar, is suitably qualified and has the appropriate expertise.
(3) An approval in respect of the centre animal scientist shall be limited to the centre named in the application.
(4) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
11. Semen, ova/embryo collection centre
(1) A person shall not engage in any of the activities of a semen, ova/embryo collection centre unless he or she is the holder of an approval in respect of that centre.
(2) The holder of an approval in terms of subregulation (1) shall comply with the following—
(a) conditions as set out in Schedule 4;
(b) conditions relating to the supervision of an approved semen, ova/embryo collection centre as set out in Schedule 5;
(c) conditions on the movement of animals into approved semen, ova/embryo collection centres as set out in Schedule 7;
(d) routine tests and treatment which shall be applied to all animals in an approved semen, ova/embryo collection centre as set out in Schedule 6; and
(e) any required analysis as set out in Schedules 4, 5, 7 and 10 to be carried out in approved laboratories.
(3) The Registrar shall assign an approved semen, ova/embryo collection centre a registration number and record such number in a register.
(4) A holder of an approval in respect of a semen, ova/embryo collection centre shall cause to be kept at the centre, such records as the Minister may require in relation to the health of the—
(a) animal in the centre during the period the animal is at the centre; and
(b) semen, ova and embryos, while stocks of semen, ova or embryos are stored in the centre, and for a period of two years thereafter.
(5) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
12. Artificial insemination centre
(1) A person shall not engage in any of the activities of an artificial insemination centre unless he or she holds an approval in respect of that centre.
(2) Subject to subregulation (1), the holder of an approval of an artificial insemination centre shall comply with the following conditions as set out in Schedule 9 and—
(a) the conditions relating to the supervision of an approved artificial insemination centre as set out in Schedule 10; and
(b) the conditions applying to the movement of animals into an approved artificial insemination centre as set out in Schedule 8.
(3) Any analysis required in Schedules 8 to 10 shall be carried out in an approved laboratory.
(4) The Registrar shall keep a register, allocate each centre a registration number and maintain the register.
(5) The holder of the approval in terms of subregulation (1) shall cause to be kept at the facility such records as the Registrar may require in relation to—
(a) the health of an animal during the time the animal is in the centre;
(b) the breeding season of each year; and
(c) the health of semen, ova and embryos, while stocks of semen, ova or embryos are stored in the centre.
(6) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
13. Ovum or embryo collection or production team
(1) A holder of an approval in respect of an ovum or embryo collection or production team and every member of such team shall comply with the following conditions as set out in Schedule 12—
(a) for the approval of an embryo collection or production team;
(b) relating to the collection, processing, storage and transport of embryos; and
(c) applying to donor animals.
(2) Subject to subregulation (1), the Registrar shall register each approved ovum or embryo collection or production team and he or she shall allocate each collection or production team a registration number.
(3) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
14. Breeding animals, semen, ova and embryos for breeding
(1) The Registrar shall issue an approval to use—
(a) an animal for breeding where the applicant complies with the conditions set out in Part I of Schedule 13;
(b) approved semen conditions set out in Part II of Schedule 13; or
(c) ova or embryos of breeding animals for breeding unless such ova or embryos comply with the conditions set out in Part III of Schedule 13.
(2) A person who contravenes this regulation commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding 12 months, or to both.
15. Scientific and educational research programme
(1) Subject to this regulation, a person shall not carry out a scientific and educational research programme involving trade in semen, ova or embryos without an approval.
(2) Notwithstanding subregulation (1), a scientific and educational institution or a university in the country carrying out a research programme involving semen, ova or embryos of breeding animals which, in the opinion of the Minister or any competent authority, does not involve trade in these products, may carry out such research programme.
(3) An approval in terms of subregulation (2) shall be limited to the duration of the programme.
16. General guidelines for import of animal and animal genetic material
(1) A person may apply to the Registrar to import AAGM for breeding and research in Schedule 19.
(2) Subject to subregulation (1), the import of AAGM includes a live animal, semen, embryo, fertile egg, ovum and any form of tissues.
(3) The importer shall give reasons in writing, for the import and further use of the AAGM and attach other documents as may be requested by the Registrar.
(4) The Registrar, the Board or relevant stakeholders shall undertake prior-import risk assessment and dissemination when a new AAGM is to be imported.
(5) Any AAGM import permit authorisation shall be processed by the Registrar upon payment of a fee of P100.
(6) AAGM imported shall be periodically evaluated at other institutions, including outside Botswana.
(7) Any AAGM imported shall—
(a) indicate the nature of the consignment and, the name and address of the facility to which it is being consigned;
(b) indicate the anticipated arrival date and its point of entry into the country; and
(c) specify any other detail that may be required by the Registrar.
17. Import of breeding animal, semen, ovum or embryo
(1) A person shall not import breeding animals, semen, ova or embryos from another country other than through an entry point approved for that purpose.
(2) A person who imports any semen, ova or embryos shall consign such semen, ova or embryos to an approved facility, as may be required by the Registrar.
(3) A person shall not import pure-bred breeding animals, semen, ova or embryos unless such animals, semen, ova or embryos are approved for breeding and are accompanied by pedigree information, veterinary or performance testing certificates.
(4) The consignee in the country of pure-bred breeding animals, semen, ova or embryos which are to be imported shall report the details of such importation in writing to the Registrar at least 30 working days prior to import.
(1) An institution or agency may apply to the Registrar for an import permit upon payment of an application fee of P100.
(2) An importer institution or agency of AAGM which the importer institution forms an agreement with, shall be a legally certified entity in the country of origin.
(3) Subject to subregulation (1), the importer institution or agency shall comply with the requirements as prescribed by the Registrar.
(4) An importer institution or agency of AAGM shall submit basic information on genetic, health, production, processing, and storage and transportation data on the AAGM to the Registrar 30 days prior to import.
(5) An importer institution or agency which imports genetic materials shall follow guidelines formulated by OIE, while importing the genetic materials.
(6) An importer institution or agency shall submit animal health certificates with the imported AAGM.
(7) Notwithstanding subregulation (6), depending on the type of AAGM, an exporter institution or agency shall submit sample genetic material to the relevant institution for specific tests, as the Registrar may direct.
(8) An institution or agency which imports genetic material shall describe and submit to the Registrar, information from the date of import to the date of disposal in terms of the prescribed interval for the specific AAGM and in such form as may be specified by the Registrar.
(9) The Registrar shall evaluate an institution or agency and such institution or agency shall keep and maintain appropriate performance records and pedigree information with standard formats.
19. Standards for importation of AAGM
(1) A person who imports AAGM shall ensure that any AAGM imported is free from any genetically modified organism or living modified organism.
(2) Subject to subregulation (1), a person who imports AAGM shall ensure that he or she labels for—
(a) semen, ovum and embryo the breed name, donor number, date of production and batch number; and
(b) a transit package or letter, in addition to the labels under paragraph (a), the country of origin, species, producer, company, volume of animal genetic material per package, storage temperature and means of transportation.
(3) Any AAGM imported shall be accompanied by a pedigree certificate, health certificate or the performance certificate or any other detail that may be required by the Registrar.
(4) Subject to subregulation (3), a detailed criteria and standards for specific AAGM to be imported may be obtained from the Registrar.
20. Guidelines for importation of poultry, fertile or hatching eggs
(1) An application for authorisation of importation of poultry or fertile eggs in terms of this regulation shall be accompanied by a—
(a) certificate issued by the foreign supplier of poultry or eggs in which the ancestry of such poultry or eggs is confirmed;
(b) comprehensive motivation by the applicant on reasons why import of the new pure breeding lines or breeds is necessary; and
(c) written confirmation by the Director of Veterinary Services indicating that accommodation for the poultry concerned is available at a quarantine facility approved by the said Director, or at a quarantine facility under the control of the said Director.
(2) An application referred to in subregulation (1) shall be—
(a) submitted to the Registrar at least 30 days prior to the intended date of importation of the poultry or hatching eggs concerned; and
(b) accompanied by the required application fee of P100.
(3) An authorisation for the importation of poultry or fertile or hatching eggs shall be subject to the following conditions—
(a) the consignment of poultry or fertile or hatching eggs shall be marked in accordance with internationally accepted practices and methods;
(b) each consignment shall be transported, under the supervision of an official veterinarian or in a vehicle sealed by an official veterinarian, from the port of entry thereof into Botswana to the quarantine facility; and
(c) each consignment shall be accompanied by a written recommendation from the Botswana Poultry Association.
21. Guidelines for export of AAGM
(1) A person who exports AAGM may apply for a permit from the Registrar and such permit shall be valid for 12 months.
(2) Any AAGM for export may be collected from a member of the livestock breeders’ societies or registered centres.
(3) A person shall not export live AAGM of indigenous animal breeds or landraces categorised as threatened or endangered.
(4) A person shall not export from Botswana an AAGM of a landrace unless such export has been authorised by—
(a) the Minister in writing; and
(b) certified by the relevant livestock breeders’ society.
22. Conditions for export of AAGM
(1) An exporter institution shall—
(a) submit a letter of application for export permission to the Registrar at least 30 days before the intended date of export; and
(b) submit detailed information on genetic, health, production, processing, and storage and transportation data about the AAGM to the Registrar prior to import of the AAGM.
(2) The official veterinarian shall, with the approval of the Registrar, provide a health certificate as requested by the importing country, which certificate shall include a fertility report, a breeding soundness report of the animal or the genetic material.
(3) Subject to subregulation (1), an exporter shall attach a label—
(a) on the shipment of semen, ovum and embryo, the breed name, donor number, date of production and batch number; and
(b) in addition to the shipment in paragraph (a), on the transit package or letter, the country of origin, species, producer, company, volume of animal genetic material per package, storage temperature and means of transportation.
(4) A person shall follow the OIE Terrestrial Animal Health Code as last revised for semen, embryo, and ova collection and processing techniques.
(1) At a sale, any AAGM collected in Botswana or imported shall be accompanied by a written warranty by the Registrar.
(2) The warranty referred to in subregulation (1) shall—
(a) include a health certificate by an official veterinarian;
(b) record that the AAGM has been packed, marked and labelled in accordance with international standards; and
(c) guarantee that the AAGM was prepared in accordance with international standards.
(3) In the case of genetic material where the resultant progeny may be recorded or registered in terms of any livestock breeders’ society, the AAGM shall be accompanied by—
(a) certification from the livestock breeders’ society that the AAGM was collected from approved stud book animals;
(b) certification from the livestock breeders’ society that the performance of the donor animal complies with the minimum standards set by that livestock breeders’ society; and
(c) identification details of the AAGM.
24. Criteria for import or export of live animals
(1) Breeding animals shall be accompanied by the following information—
(a) a legible record of the country of origin, species, breed name, identification;
(b) breeder institution, including a name, registration number and address of the farm of origin;
(c) importing or exporting institution, including the institution’s or company’s name and address; and
(d) a clear label of quantity to be imported or exported, indicating information for tracing the animal.
(2) A health and sanitary certificate issued under Schedule 7 shall show that the animals were—
(a) inspected by a veterinarian 30 days before their import and/or export and were free from livestock diseases listed in Appendices 1 and 2 of the Diseases of Animals Act (Cap. 37:01);
(b) not exposed to any of the diseases 60 days before inspection; and
(c) treated for internal and external parasites within 30 days of import or export.
(3) Animals under this regulation shall be kept in a quarantine camp in the country of origin for 21 days before and after their import or export.
(4) All bulls shall be examined on breeding soundness to confirm their fertility and breeding potential and the results shall be shown in the health certificate.
(5) The animal shall be identified by a permanent identification system enabling it to be traced to its flock or herd of origin.
(6) Where any of the diseases listed in Appendix 1 of the Diseases of Animals Act, break out on board a vessel while the animals are in transit, the said vessel shall not be permitted to dock at the port of entry and the animals therein shall be disposed of.
(7) Where the animals, upon arrival at the port of entry, after an inspection by an authorised officer, are found to be free from diseases listed in Appendix 1 of the Diseases of Animals Act, the following requirements shall be complied with—
(a) the animals shall be identified as imported animals;
(b) the animals shall be unloaded into a truck or trailer and transported immediately to any place that an authorised officer may determine, where depending on the condition of the animal upon its arrival, the animal may be placed under quarantine for at least 21 days; and
(c) the animals in the quarantine shall be periodically inspected by an official veterinarian.
(8) Where any of the diseases listed in Appendix 1 of the Diseases of Animals Act break out after the animals have been unloaded, all the infected animals shall be condemned and disposed of at the expense of the owner and no compensation shall be paid for any animal destroyed.
(9) A person who deals with import and export of live animals shall ensure a pedigree and performance test certificate is attached to every shipment.
(10) A person authorised to import or export live animals shall not transfer, cede or sell his or her permit to any person.
(1) A person who transports animals shall follow the procedure of OIE Terrestrial Animal Health Code as last revised.
(2) A person who transports animals under these Regulations shall—
(a) use clean and disinfected vehicles;
(b) ensure the vehicle on transit stops only at approved ports; and
(c) ensure all animals intended for export or import are issued a health certificate by a veterinarian.
(3) An animal from outside Botswana shall not be allowed aboard an aircraft or vehicle during the time any other animal is on board.
26. Pre-conditions for live animals’ importer or exporter
(1) A person who imports or exports live animals shall ensure that the following are made available—
(a) appropriate facilities for the intended purpose;
(b) a suitable mode of transport;
(c) office and record keeping rooms with necessary record keeping facilities; and
(d) a feed store with healthy and good quality feed.
(2) A person who imports or exports live animals shall ensure he or she provides well trained personnel, including animal attendants.
27. Pre-conditions for imported or exported semen
A person who imports or exports semen of breeding animals shall ensure that—
(a) the semen is collected, processed and stored in an approved semen, ova/embryo collection centre as set out in Schedules 4, 5, 6 and 7;
(b) he or she meets the conditions set out in Schedule 13;
(c) the semen is accompanied by an animal health certificate as set out under Schedule 16;
(d) the semen is accompanied by a pedigree certificate as specified under Schedule 14; and
(e) the semen imported outside Botswana comes from an animal which—
(i) is registered in a herd-book or register kept by a competent authority or Registrar, and
(ii) an authorised officer has carried out a performance test and a genetic evaluation on the exported semen.
28. Pre-conditions for imported or exported ova and embryos
(1) A person who imports or exports ova and embryos of breeding animals shall ensure that—
(a) he or she complies with the conditions relating to their collection, processing, storage and transport as set out under Schedule 19;
(b) the ova or embryos were conceived as a result of imported semen, artificial insemination or in-vitro fertilisation with semen from a donor sire standing at an approved semen, ova/embryo collection centre;
(c) he or she meets the requirements on donor animals as set out under Schedule 12;
(d) the Registrar issues him or her with an animal health certificate as set out under Schedule 16; and
(e) an authorised officer issues him or her a performance test certificate.
(2) Where there is more than one ovum or embryo in a single straw, the certificate issued shall specify this where the ova or embryos have the same parentage.
(3) Ova or embryos of breeding animals for import from outside Botswana shall—
(a) be from countries of origin that have been certified to be free from diseases specified in the Diseases of Animals Act and those listed in Appendix 1 of the Diseases of Animals Act;
(b) have been collected by an ovum or embryo collection team approved by the competent authority in the countries of origin;
(c) be accompanied by a pedigree and health certificate; and
(d) come from an animal which is registered in a herd-book or register kept by a competent authority.
(4) Only frozen embryos that are free from foot-and-mouth disease may be imported into Botswana.
(5) Subject to subregulation (4), the embryos shall be stored under approved conditions for a minimum of 30 days before being transported.
29. Duties of authorised officers
(1) Every authorised officer shall be issued with a warrant of his or her appointment stating that he or she is acting under these Regulations.
(2) An authorised officer shall produce his or her warrant upon arrival on the premises being inspected and upon request by the property owner or occupier.
(3) An authorised officer may, for the purpose of carrying out his or her duties under these Regulations—
(a) at any reasonable times enter and search any premises where the officer reasonably suspects that any breeding animals or their products or any other thing, the subject of these Regulations is being used, collected, stored, sold, packaged, transported, imported or exported;
(b) at any other place, carry out such examinations, tests, checks and inspections of the premises or place and any equipment, machinery or plant, any animal, product or thing found thereat as the officer considers necessary;
(c) take, without payment, such samples of any substance or, where the authorised officer is an official veterinarian, take from any animal a sample, from the premises or place as he or she may reasonably require for the purposes of such functions, and carry out or have carried out on the samples such examination checks and inspections in accordance with any provision of these Regulations;
(d) require the owner, person in charge, employee or any occupant to give him or her such information or produce such books, documents and other records within the power or procurement of the person as the officer requires;
(e) examine and take copies of or extracts from, any such records, including in the case of information in non-legible form a copy of or extract from such information;
(f) stop any vehicle which the officer suspects contains any AAGM in contravention to these Regulations;
(g) seize and detain any AAGM being imported or exported where he or she reasonably believes that there is non-compliance with any provision of these Regulations; or
(h) open any package containing or suspected to contain AAGM.
(4) An authorised officer shall, before entering any premises in terms of subregulation (3), give the property owner or person in charge, 24 hours’ notice of his or her intention to enter the premises for such purpose.
(5) A person who obstructs or hinders an authorised officer in the exercise of his or her duties under subregulation (1) or who gives false or misleading information to an authorised officer commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding six months, or to both.
(6) A person who—
(a) refuses or wilfully omits to give such information or document;
(b) tampers with any AAGM or any sample taken; or
(c) wilfully does anything which could reasonably lead to an inaccurate representation of the AAGM or sample taken,
commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding six months, or to both.
(7) An authorised officer who finds or comes in possession of any AAGM which he or she reasonably believes is evidence of the commission of an offence under these Regulations, may seize and detain the AAGM pending a conclusion of any proceedings.
(8) An authorised officer may, by notice in writing to the owner or the person in charge of any AAGM which has been seized and detained in accordance with these Regulations—
(a) require anything specified in the notice to be done by the person to whom the notice is directed before the AAGM is released;
(b) require the disposal of AAGM upon its release by the person addressed in the notice, in the manner specified in the notice and at the expense of the owner; or
(c) indicate the authorised officer’s intention to dispose of the AAGM at the expense of the owner, in a specified manner so as to prevent the AAGM from being imported, exported or used in contravention of these Regulations.
(9) Subject to subregulation (8), where a person has to take specific action, an authorised officer may retain control of the AAGM until the requirements of the notice have been complied with.
(10) A person shall not without the consent of the authorised officer move, dispose of, interfere with or otherwise deal with the AAGM other than in compliance with the requirements of the notice.
(1) Any person who is aggrieved by a notice under these Regulations may, not later than 21 days from the date of the notice, appeal against the notice to the Board.
(2) An aggrieved person shall give notice of appeal in terms of subregulation (1) to the Registrar at least 30 days before its hearing.
(3) The appeal procedures under this regulation shall be in terms of section 32 of the Act.
(1) The Registrar may charge an application fee of P100 in respect of applications for approvals.
(2) The Registrar may refuse to grant the approval or revoke it pending payment of the fee by the owner or a person in charge, in terms of subregulation (1).
32. Registration of registering authorities
An application for registration as a registering authority shall be in the form set out by the Registrar and shall be accompanied by—
(a) an application fee of P100;
(b) a copy of the constitution approved by the general meeting of the livestock breeders’ society or a copy of the constitution compiled and approved by a group of livestock breeders’ societies;
(c) proof that the applicant is able to comply with internationally acceptable performance recording methods;
(d) proof that performance recording methods comply with international norms and standards; and
(e) proof that the performance recording method makes provision for long term scrutiny and random parentage testing.
33. Registrations and approvals
(1) The registration of—
(a) a person as an inseminator or semen collector, embryo collector, embryo transferor or import agent shall be valid for a period of 12 months; and
(b) a centre shall be valid for a period of 36 months.
(2) An approval of an animal for the collection of semen, ova or embryo shall be valid for a period of 72 months.
34. Renewals of registrations and approvals
(1) A person may apply to the Registrar for the renewal of—
(a) registration as an inseminator, semen collector, embryo collector, embryo transferor or import agent;
(b) the registration of premises as a centre; or
(c) the approval of an animal as a donor for the collection of genetic material.
(2) An application under subregulation (1) shall be—
(a) accompanied by a renewal fee of P50;
(b) submitted to the Registrar in a form as set out in Schedule 20; and
(c) submitted to the Registrar not later than 30 days before the expiry date of registration or approval.
(3) Notwithstanding subregulation (2), an application that reaches the Registrar’s office after the expiry date of registration or approval shall be considered where—
(a) it has been received within 90 days after the expiry date of such registration or approval; and
(b) it is accompanied by the applicable fee of P100.
(4) When a centre ceases to function as such, the holder of the certificate of registration of that centre shall within 14 days return the certificate to the Registrar.
(5) Where an animal approved for collection of semen, ova or embryo is removed from a centre, the authorised officer shall return the certificate of approval to the Registrar within 14 days of the date of removal of the animal.
(6) Where the registration is terminated or the approval of an animal for the collection of semen, ova or embryo is withdrawn, the person who was issued with the approval certificate shall return the approval certificate to the Registrar within 14 days of the date of notification.
35. Register of registered inseminators, semen collectors, embryo transferors and inovulators
The Registrar shall keep a register in which the following information shall be recorded—
(a) the name, address, identity number and age of each inseminator, semen collectors, embryo transferor or embryo collector and inovulator;
(b) particulars of the course of instruction, the authority or institution that presented such course and the date of completion of the course;
(c) the number and date of the certificate of registration issued to each person; and
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