Legal Supplement Part C to the “Tinidad and Tobago Gazette’’, Vol. ,

No. 7 of 2019Fourth Session Eleventh Parliament Republic of

Trinidad and Tobago

SENATE

BILLANACT to amend the Animals (Diseases and Importation)

Act, Chap. 67:02

PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2020

AS AMENDED IN THE SENATE

THE ANIMAL (DISEASES AND IMPORTATION)(AMENDMENT) BILL, 2019

Explanatory Notes

(These notes form no part of the Bill but are intended only toindicate its general purport)

This Bill seeks to amend and the Animals (Diseases andImportation) Act, Chap. 67:02.

The purpose of the Animal (Diseases and Importation)Amendment Bill, 2019 is to protect and promote animal health andto prevent the introduction and spread of animal diseases withinTrinidad and Tobago and from other countries; to facilitate andregulate trade in animals, carcasses, animal products andanimal-related items; to establish standards for animal welfare,and for other connected purposes.

Clause 1 of the Bill would provide the short title of the Bill.Clause 2 of the Bill would provide for the coming into force

of the proposed Act on the date fixed by the President byProclamation.

Clause 3 of the Bill would provide for the interpretation of thewords “the Act” to mean the Animals (Diseases and Importation)Act.

Clause 4 of the Bill seeks to amend the long title of the Act.Clause 5 of the Bill would seek to amend the short title of the

Act.Clause 6 of the Bill would seek to amend section 2 of the

Animals (Diseases and Importation) Act by amending severalexisting definitions as well as inserting in the appropriatealphabetical sequence new definitions.

Clause 7 of the Bill is amended by repealing section 3 andsubstituting a new section 3 which provides that the Inspector forthe purposes of the Act is the person holding or acting in the Officeof Technical Officer (Animal Health) and this includes the ChiefVeterinary Officer.

Clause 8 of the Bill seeks to amend the Act by inserting aftersection 3, new sections 3A to 3F which would provide for theadministration of the Act, functions of the Inspector, delegation offunctions, establishment of an Advisory Committee on AnimalHealth and Welfare, official and approved laboratories and animalhealth measures.

Clause 9 of the Bill seeks to amend section 4 of the Act bydeleting the word “infested” and substituting the words “suspectedof being diseased”. It also repeals paragraph (b) and substitutesa new paragraph which gives a time period to give notice to thenearest veterinary surgeon or officer of an animal which issuspected of being diseased.Further, subsection (2) is repealed and a new subsection issubstituted which provides that the person to whom notice is givenunder subsection (1)(b) shall without delay inform the Inspector.

Clause 10 of the Bill is amended by repealing section 5 andsubstituting a new section which seeks to provide for thedeclaration of an infected zone.

Clause 11 of the Bill seeks to amend the Act by inserting aftersection 5, new sections 5A to 5I which would provide for an animaldisease surveillance system, revocation of a declaration of aninfected zone, animal disease emergency plan, contingency plansfor response to emergencies affecting animal health, declaration ofanimal disease emergency, declaration of free zones, containmentzones, etc., movement restrictions, animal identification andtraceability and registration of veterinary medicinal products.

Clause 12 of the Bill seeks to repeal section 6 of the Act and anew section 6 is substituted which sets out the protocol to befollowed when a finding of an infected zone is confirmed by theInspector.

Clause 13 of the Bill seeks to amend section 7 of the Act bydeleting the words “an infected or infested place or an infected orinfested area” and substituting the words “an infected zone” inorder to update the Act to the new terminology used in the Bill.

Clause 14 of the Bill seeks to amend section 8 of the Actby deleting the reference to “an infected or infested place or aninfected or infested area” and substituting the words “an infectedzone” in order to update the Act to the terminology used in the Bill.

Clause 15 of the Bill seeks amend the Act by inserting anew section 8A which provides for proper control measures to beimplemented for the purposes of controlling or eradicating animaldiseases.

Clause 16 of the Bill seeks to amend section 10 of the Act bydeleting the words “an infected or infested area” and substitutingthe words “infected zone” in order to update the terminology asused in the Bill.

Clause 17 of the Bill seeks to amend section 12 of the Act toprovide that the Minister by Order, on the recommendation of theInspector amend the notifiable diseases listed in Schedule 1.

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Clause 18 of the Bill seeks to amend section 13 of the Act insubsection (2) by—

(i) repealing paragraph (c) and substituting a new para-graph to allow for the notification of infected zonesetc. to be made public;

(ii) deleting references to “infected or infested place oran infected or infested area” and substituting thewords “infected zone”;

(iii) inserting after paragraph (j), new paragraphs (k) to(ab) which expands the scope for which the Ministermay make Regulations.

Section 13 is further amended in subsection (3) by raising thepenalty for contravening any Regulations made under this sectionto fifty thousand dollars.

Clause 19 of the Bill seeks to repeal section 14 of the Act and anew section 14 is substituted which would inter alia provide forimport requirements to be established by the Inspector for theprevention of animal diseases and zoonoses into Trinidad andTobago.

Clause 20 of the Bill seeks to amend section 15 of the Act byinserting a new paragraph (e) which extends the scope ofRegulations made under this section.

Clause 21 of the Bill seeks to amend the Act by inserting a newsection 15A, which provides that the owner or operator of aninternational transport facility which is designated as an approvedimport entry point or export exit point shall where required inwriting by the Minister provide and maintain buildings,accommodations, equipment, etc. in order to facilitate inspection orfor any other purpose under this Act or Regulations.

Clause 22 of the Bill seeks to repeal section 16 of the Act and anew section 16 is substituted which make provisions for personsintending to import animals or animal related products intoTrinidad and Tobago etc., to apply for an import permit whichthe Inspector has to approve and which he may review, modify,suspend or revoke at any time with written notice.

Clause 23 of the Bill seeks to amend the Act by insertingafter section 16, new sections 16A to 16F which would provide forrestrictions on the importation of animals, animal related productsetc., zoological collection and exhibitions, arrival notification,inspection of imports, in transit permits and export requirements.

Clause 24 of the Bill seeks to repeal section 17 of the Act anda new section 17 is substituted which make provision for the

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designation of quarantine stations as the Inspector thinks fit.Clause 25 of the Bill seeks to repeal section 18 of the Act and a

new section 18 is substituted which make provision for importedanimals to be quarantined.

Clause 26 of the Bill seeks to amend the Act by inserting aftersection 18, new sections 18A to 18L which would provide generallyfor the welfare of animals and strays. More specifically, prohibitionof maltreatment of animals, situations where a working animalis unfit for work, compensation for damage done by cruelty toanimals, making it an offence for any person who engages inbull-baiting, cock-fighting and similar offences, detention ofanimals for treatment, exemption from liability for persons treatingdetained animals except in cases of gross negligence, ability to sellor destroy animals, power of the court to order destruction ofanimal, welfare of animals, duty of owner of animals, disposal ofinfected or contaminated animal and to address the issue of strayand feral animals, that is implement measures to control thepopulations of said animals including developing programmes andstrategies to control animals which may pose a risk to publichealth.

Clause 27 of the Bill seeks to amend the Act by inserting aftersection 20, new sections 20A and 20B which would provide forthe storage and removal of an animal, carcass, animal product oranimal related item which was seized or detained by a veterinaryofficer as well as provision that no person shall remove, alteror interfere with any animal, carcass, animal product or animalrelated item which has been seized or detained under this Actunless authorized in writing by the Inspector.

Clause 28 of the Bill seeks to repeal section 21 and substitutea new section 21 which sets out the offences which may becommitted by any person who contravenes the provisions of thisAct.

Clause 29 of the Bill seeks to amend the Act by inserting aftersection 21, new sections 21A to 21H.These new sections would provide for offences which may becommitted by Officials from the Ministry responsible for animalhealth, offences which may be committed by Customs Officers as itrelates to this Act, offences which may be committed by a bodycorporate, suspension and revocation of permits, where upon theconviction of a person for any offence under this Act, the Court mayin addition to any sentence imposed, forfeit any proceeds obtainedfrom commission of the offence and may dispose of same at itsdiscretion, a duty on all local authorities, Customs, port, airport,police, etc. to assist and cooperate with veterinary officers with

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their functions as the Inspector may request, a right of appeal tothe Inspector, for any person aggrieved by an action or decision ofa veterinary officer under this Act and a defence of good faith forany veterinary officer, official or any government entity in respectof anything done in good faith in the performance of their duties.

Clause 30 of the Bill seeks to amend section 22 of the Act byraising the penalty imposed on any person who commits an offenceunder this Act (except where otherwise expressly provided) fromfive thousand dollars to fifty thousand dollars.

Clause 31 of the Bill seeks to amend the Bill by inserting aftersection 23, a new section 23A which would allow the Minister byOrder to amend the Schedules.

Clause 32 of the Bill seeks to amend section 24 of the Act bydeleting references to “an infected or infested place or an infectedor infested area” and substituting the words “an infected zone” inorder to bring it in line with the new terminology used in the Bill.

Clause 33 of the Bill seeks to modernize the spelling of the word“carcase” as it is currently spelt in the Act and provide a sweeperchanging “infested area” and “infested place” wherever they appearin the Act to “infected zone”.

Clause 34 of the Bill seeks to repeal the current schedule andreplace it with “Schedule 1 Notifiable diseases within the meaningof this Act”.

Clause 35 of the Bill seeks to insert a new Schedule 2 afterSchedule 1.

Clause 36 of the Bill Bill seeks to amend the Animals(Importation) Control Regulations by revoking the Third Scheduleand substituting a revised Third Schedule with an updated listingof countries.

Clause 37 of the Bill would make consequential amendments tothe Summary Offences Act, Chap. 11:02.

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THE ANIMAL (DISEASES AND IMPORTATION)(AMENDMENT) BILL, 2019

Arrangement of Clauses

Clause

1. Short title2. Commencement3. Interpretation4. Long title amended5. Section 1 amended 6. Section 2 amended

7. Section 3 amended8. New sections 3A, 3B, 3C, 3D, 3E and 3F inserted

9. Section 4 amended10. Section 5 amended

11. New sections 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5I and 5Jinserted

12. Section 6 amended13. Section 7 amended14. Section 8 amended15. New section 8A inserted16. Section 10 amended17. Section 12 amended18. Section 13 amended19. Section 14 amended20. Section 15 amended21. New section 15A inserted22. Section 16 amended23. New sections 16A, 16B, 16C, 16D, 16E and 16F inserted24. Section 17 amended25. Section 18 amended

26. New sections 18A, 18B, 18C, 18D, 18E, 18F, 18G, 18H,18I, 18J, 18K and 18L inserted

27. New sections 20A and 20B inserted28. Section 21 amended

29. New sections 21A, 21B, 21C, 21D, 21E, 21F, 21G, and 21Hinserted

30. Section 22 amended31. New section 23A inserted32. Section 24 amended33. Chap. 67:02 amended 34. Schedule amended35. New Schedule 2 inserted 36. Regulations amended Chap. 67:0237. Consequential amendments Chap. 11:02 amended

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BILLAN ACT to amend the Animals (Diseases and

Importation) Act, Chap. 67:02

[Assented to , 2019]

ENACTED by the Parliament of Trinidad and Tobago asfollows:

1. This Act may be cited as the Animals (Diseases andImportation) (Amendment) Act, 2019.

Enactment

Short title

2. This Act comes into operation on such date as isfixed by the President by Proclamation.3. In this Act, “the Act” means the Animals (Diseases

and Importation) Act. 4. The long title to the Act is amended by inserting

after the words “any disease,” the words “to protect andpromote animal health, to establish standards foranimal welfare”.5. Section 1 of the Act is amended by deleting the

words “Animals (Diseases and Importation) Act” andsubstituting the words “Animal (Diseases, Importation,Health and Welfare) Act.”.

6. Section 2 of the Act is amended—(a) by deleting the definition of “animal” and

substituting the following definition:“ “animal” includes any mammal, birds,

fish, reptiles and amphibians, allother animals of whatever kind,vertebrate or invertebrate,domestic or wild, terrestrial oraquatic and eggs and embryos ofany kind of animal;”;

(b) by deleting the definition of “carcase” andsubstituting the following definition:

“ “carcass” means the commerciallyprepared or dressed body of ananimal or such of its offal as areintended for human or animalconsumption;”;

(c) by deleting the definition of “defined port”and substituting the following definition:

“ “defined port” means the ports ofPort-of-Spain, Chaguaramas,Point Lisas and Scarborough orany aerodrome including the

2

Long title amended

Section 2 amended

Commencement

Section 1 amended

Interpretation Chap. 67:02

Piarco Airport and the A.N.R.Robinson International Airport orany port or aerodrome prescribedby Regulations made undersection 15”;

(d) by deleting the definition of “disease” andsubstituting the following definition:

“ “disease” means the clinical orpathological manifestation ofinfection or infestation in anyanimal, carcass, animal productor animal-related item diagnosedby internationally recognisedtesting procedures;”;

(e) by deleting the definition of “infestation”and substituting the following definition:

“ “infestation” means the externalinvasion or colonisation ofanimals or their immediatesurroundings by arthropods,which may cause clinical signsor are potential vectors ofpathogenic agents;”;

(f) by deleting the definition of “infested area”;(g) by deleting the definition of “infested place”;(h) in the definition of “poultry” by inserting

after the words guinea fowls” the words “,quail”;

(i) by inserting in the appropriate alphabeticalsequence, the following definitions:

“ “abattoir” means premises used for theslaughter of non-aquatic animalsfor human consumption or animalfeeding and includes slaughter-houses;

“animal disease emergency plan”

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means a contingency plan whichsets out the emergency proceduresto be implemented in the eventof an outbreak of a notifiabledisease;

“animal feed” means anything thatis capable of being used as anutrient for animals and includesany of the constituent elements ofan animal ration;

“animal health para-professional”includes animal health assistants,agricultural assistants or anyother persons to carry out desig-nated tasks under the responsibil-ity and direction of a veterinarysurgeon;

“animal health status” means thestatus of a country or a zonewithin a country with respect toan animal disease;

“animal identification” means thecombination of the identificationand registration of an animalindividually, with a uniqueidentifier, or collectively by itsepidemiological unit or group,with a unique group identifier;

“animal parts” means the bones andthe bone-meal, untanned hidesand skins, flashings, hooves,horns, claws, hair bristles, wool,feathers, fish scales, offal,whether fresh or dehydrated,blood, meat scraps of an animal orany other part of an animal otherthan the meat or offal intended forhuman or animal consumption

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which has been separated fromthe carcass;

“animal products” means thederivatives of animals, intendedfor human or animal consumptionor for pharmaceutical, agricultural,industrial or domestic use;

“animal–related items” includesanimal carcass, animal geneticmaterial, animal parts, feed, litterand any packaging, container,equipment, or other appliancesused on animals, objects ormaterial capable of harbouring orspreading animal diseases;

“animal traceability” means theability to follow an animal orgroup of animals during all stagesof their lives until destruction,euthanasia or death;

“animal welfare” means taking duediligence to ensure that an animalor group of animals is free fromhunger, thirst, malnutrition,thermal and physical discomfort,pain, injury and disease, fear anddistress and is free to expressnormal patterns of behaviour;

“aquatic animal” means all life stages,including eggs and gametes, offish, molluscs, crustaceans andamphibians originating fromaquaculture facilities or removedfrom the wild, for farmingpurposes, for release into theaquatic environment or for humanconsumption;

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“authorized officer” means theInspector or any veterinary officerauthorized by him in writing;

“captain” includes the master orperson in charge or control of asea-going vessel or aircraft;

“compartment” means an animalsubpopulation contained in one ormore establishments under acommon biosecurity managementsystem with a distinct healthstatus with respect to a specificdisease or specific diseases forwhich required surveillance, controland biosecurity measures havebeen applied for the purpose ofinternational trade;

“containment zone” means a definedzone around and including suspectedor infected establishments, takinginto account the epidemiologicalfactors and results of investigations,where control measures toprevent the spread of the infectionare applied;

“country of origin” means the countryof manufacture, production, orgrowth of any animal, carcass,animal product, animal-relateditem or article of foreign originentering Trinidad and Tobago;

“disinfection” means the application,after thorough cleansing, ofprocedures intended to destroythe infectious or parasitic agentsof animal diseases, includingzoonoses;

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“early detection system” means asystem under the control of theInspector for the timely detectionand identification of an incursionor emergence of diseases orinfections in a country, zone orcompartment;

“establishment” means premiseswhere there are animals, carcasses,animal products, animal geneticmaterial and animal-relateditems;

“export” means to take or cause to betaken out of Trinidad and Tobago;

“feral animal” means an animal livingin the wild but descended fromdomesticated animal species;

“free compartment” means acompartment in which theabsence of the animal pathogencausing the disease underconsideration is in accordancewith the requirements specifiedin the OIE Code;

“free zone” means a zone in whichthe absence of the disease underconsideration is in accordancewith the requirements specified inthe OIE Code;

“import” means to bring or cause to bebrought within Trinidad andTobago;

“importer” means anyone who,whether as owner, consignor,consignee, agent, broker orotherwise, is in possession of or inany way entitled to the custody of

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any animal, carcass, animalproduct or animal-related itemlanded or likely to be landed inTrinidad and Tobago from anothercountry;

“import permit” means a permitgranted under section 16;

“infected zone” means a zone in whicha disease has been identified;

“international transportation facility”means—

(a) an airport that receives anyaircraft operating on aninternational flight thattransports persons, animals,carcasses, animal productsor animal-related itemsinternationally;

(b) a port that receives anyvessel sailing on aninternational voyage;

(c) a warehouse or otherfacility that receives anypackages for internationaltransportation by air or sea;or

(d) a container that transportspersons, animals or otheritems internationally;

“invasive alien animal species” meansan animal that has beenintroduced and subsequentlybecomes established and spreadoutside its native distributionarea and causes harm to theenvironment, human or animalhealth, or the economy;

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“Minister” means the Ministerresponsible for animal healthand “Ministry” shall be construedaccordingly;

“notifiable disease” means a diseasespecified in Schedule 1;

“occupier”, in relation to any land orbuilding, means the person inactual occupation thereof or ifthere is no person in actualpossession, the owner of the landor building;

“official control programme” means aprogramme which is approved,and managed or supervised, bythe Inspector for the purpose ofcontrolling a vector, pathogen ordisease by specific measuresapplied throughout Trinidad andTobago, or within a zone orcompartment of Trinidad andTobago;

“official or approved laboratory”means a laboratory designated assuch under section 3E;

“official veterinary health certificate”means an official certificate issuedby the Inspector for animal healthin the exporting country;

“OIE” means the World Organisationfor Animal Health;

“owner” in relation to anything,includes any person having for thetime being the possession, custodyor control thereof;

“package” means any container, box,covering wrapper or any other

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item whatsoever in whichanimals, carcasses, animalproducts, or animal-related itemsare, or have been, or are capable ofbeing, imported, kept or conveyedfrom one point to another;

“premises” includes any building, tentor other structure, permanent orotherwise, together with the landon which the same is situated andany adjoining land employed inconnection therewith, used foractivities carried out in relationto animals, carcasses, animalproducts or animal-related items;

“prescribed” means prescribed by thisAct or Regulations made underthis Act;

“private veterinary surgeon” means aveterinary surgeon who is notemployed by the State;

“public place” means any street, roador other place (whether or notenclosed) to which the public hasor is permitted to have accesswhether for payment or otherwise;

“quarantine station” means anestablishment under the controlof the Inspector where animalsare maintained in isolation withno direct or indirect contact withother animals, to prevent thetransmission of a specified diseaseor pathogen outside the establishmentwhile the animals are undergoingobservation for a specified lengthof time and, if appropriate, testingand treatment;

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“risk analysis” means a processcomposed of hazard identification,risk assessment, risk managementand risk communication inaccordance with internationallyaccepted procedures and standards;

“risk assessment” means the processesof identifying and estimating therisks associated with the importationof an animal, carcass, animalproduct or animal-related itemand evaluating the biological andeconomic consequences of thoserisks;

“sanitary measures” means any actiontaken or ordered to be taken inaccordance with this Act to protectanimal or human health fromrisks arising from the entry,establishment or spread of adisease or hazard;

“sell” includes to offer, advertise, keep,store, display, transmit, consign,convey or deliver for sale, or toexchange or to dispose of to anyperson in any manner whether fora consideration or otherwise, and“sold”, “selling” and “sale” shallhave corresponding meanings;

“stamping out programme” means aprogramme carried out under thedirection of the Inspector, onconfirmation of a disease, todestroy animals which areaffected and those suspected ofbeing affected in the epidemiologicalunit and, where appropriate, inother epidemiological units which

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have been exposed to infection bydirect animal-to-animal contact,or by indirect contact of a kindlikely to cause the transmissionof the causal pathogen, andincludes cleansing and disinfectionprocedures;

“stray animal” means any domesticanimal not under the directcontrol or ownership by a person,or not prevented from roaming;

“surveillance” means the investigationof a given population or sub-population to detect the presenceof a disease and includesante-mortem and post-morteminspections;

“vehicle” means any aircraft, train,vessel, motor vehicle, cart,container, conveyance or otherthing used to transport animals,carcasses, animal products oranimal-related items from oneplace to another;

“veterinary biological” includeshormones, vaccines, sera, toxins,anti toxins, antigens, micro-organismsliving or dead, any other biologicalsubstance which is intendedsolely for use in the practice ofveterinary medicine andgermplasm of animals for use inartificial insemination or embryotransfer;

“veterinary medicinal product” meansany product with a claim tohaving a prophylactic, therapeuticor diagnostic effect or to alter

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physiological functions whenadministered or applied to ananimal;

“veterinary officer” means a veterinarysurgeon employed in the Ministry;

“veterinary surgeon” means a dulyqualified person registered underthe Veterinary Surgeons(Registration) Act;

“zoonosis” means any disease orinfection which is naturallytransmissible between animalsand humans and vice versa.”.

7. Section 3 of the Act is amended—(a) by repealing subsection (1) and substituting

the following subsection:“(1) The Inspector, for the purposes of

this Act, is the person holding oracting in the office of TechnicalOfficer (Animal Health) andincludes the Chief VeterinaryOfficer in the Ministry or, in hisabsence, a veterinary officerauthorised by him in writing.”.

(b) in subsection (2), by deleting the words “allSenior Agricultural Assistants, AgriculturalAssistants and Field Assistants attached tothe Animal Health Division of the Ministryof Agriculture, Industry and Commerce”and substituting the words “animal healthpara-professionals attached to the AnimalHealth Division of the Ministry”;

(c) by repealing subsection (3).8. The Act is amended by inserting after section 3, the

following new sections:

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Section 3 amended

New sections 3A, 3B,3C, 3D, 3E and 3Finserted

3A. The Inspector shall have primaryresponsibility for the administration of thisAct.

3B. The functions of the Inspector areto—

(a) enforce this Act or anysubsidiary legislation madethereunder and to advisethe Minister on all mattersrelated to animal health;

(b) implement measures toprevent and control theintroduction, establishment,or spread of notifiablediseases within Trinidadand Tobago;

(c) develop and update the listof notifiable diseases forTrinidad and Tobago;

(d) distribute technical informationregarding notifiable animaldiseases and the means oftheir prevention and controlin the event of a diseaseoutbreak;

(e) issue official veterinaryhealth certificates relatingto the health or to anyperiod of quarantine of anyanimal in Trinidad andTobago, and provide anyinformation as is requiredby any country importing ananimal, carcass, animalproduct, or animal-relateditem from Trinidad andTobago;

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“Administrationof Act

Functions ofInspector

(f) designate, monitor andevaluate free zones, freecompartments, infectedzones, provisional infectedzones, containment zonesand areas with lowprevalence for animaldiseases;

(g) develop a system of healthrequirements and controlsfor animals, carcasses,animal products andanimal-related itemslocally produced, imported,distributed and sold inTrinidad and Tobago;

(h) notify the OIE of outbreaksof notifiable diseases andcomply with reportingrequirements of otherregional and internationalbodies;

(i) inform and collaborate withthe Ministry responsible forhuman health, or any otherrelevant agency, on anyactions needed to managerisks to human healtharising from an animaldisease, pathogen, toxicsubstance or other hazard;

(j) conduct risk analyses withrespect to trade in animalsand animal products;

(k) evaluate the equivalence ofsanitary measures taken bytrading partners;

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(l) recommend to the Ministerthe imposition of quarantinestations at any place, as maybe deemed necessary;

(m) provide information regardingimport and exportregulations in force, andtechnical requirements foranimals, carcasses, animalproducts and animal-relateditems on request fromany interested domestic,international or regionalorganization or country, andcomply with any reportingrequirements;

(n) participate in the workof the OIE and itssubsidiary bodies and otherinternational, regional andnon-governmental bodiesdealing with animal health;

(o) establish guidelines foranimal welfare standards;

(p) where appropriate, conductrisk assessments on animalfeed ingredients;

(q) advise the Minister on themaking of Regulationsunder this Act and any otherwritten law which appear tobe necessary for the carryingout of the functions of thisAct; and

(r) carry out any other mattersin connection with orreasonably incidental to theforegoing.

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3C. (1) The Minister may, upon thewritten recommendation of the Inspectorand subject to subsection (3), delegate toa suitably qualified person any of thefunctions of the Inspector under this Act.

(2) The delegation under sub-section (1) shall be in writing and shalldetail the terms and conditions of suchdelegation, including, at least, thefollowing:

(a) the scope of any delegatedfunction to be performed,including the duration andthe geographic area to becovered by such services;

(b) remuneration arrangements;(c) the means of supervision by

the Inspector;(d) the minimum qualifications

required to perform thedelegated function; and

(e) the conditions of withdrawalsof delegations.

(3) The following functions shallnot be delegated:

(a) official liaison duties withother Ministries, or foreignauthorities or any notificationresponsibilities;

(b) approval of standards,requirements, rules orsanitary measures;

(c) declaration of emergencies,free compartments, freezones, containment zones,provisionally infected zonesor infected zones; or

(d) other functions as may beprescribed by Regulations.

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“Delegation offunctions

(4) Any person to whom a functionis delegated under this Act and who hasany direct or indirect interest, whetheractual or reasonably perceived interest in amatter or other action to be taken by theInspector, shall communicate his interestto the Inspector.

(5) Where such interest is inconflict with the impartiality andindependence of that person, the Inspectorshall exercise that function in relation tothat matter or action.

(6) The delegation of a functionunder this section does not preclude theInspector from exercising the functiondelegated. 3D. (1) There shall be established a

Committee to be known as the AdvisoryCommittee on Animal Health and Welfare(hereinafter referred to as “theCommittee”).

(2) The Committee shall compriseno more than eleven members selectedby the Minister as follows:

(a) a veterinary surgeon;(b) a senior technical officer

from the Ministry withresponsibility for animalhealth;

(c) a representative from theMinistry with responsibilityfor health;

(d) a representative of theTobago House of Assembly;

(e) a representative of theZoological Society ofTrinidad and Tobago;

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Establishmentof AdvisoryCommittee onAnimal Healthand Welfare

(f) a representative fromthe private sector;

(g) a representative of theInstitute of MarineAffairs;

(h) a representative of theMinistry with responsibilityfor trade;

(i) a representative of theFood and Drug Division,Ministry of Health; and

(j) two persons representingthe interest of the farmingcommunity.

(3) The Minister shall appoint theChairman of the Committee.

(4) The Committee shall adviseand provide assistance to the Ministerregarding animal health policies, animalwelfare, strategies, sanitary measures,disease prevention, control anderadication.3E. The Minister may, by Order,

designate any diagnostic, research or otherlaboratory as an official or approvedlaboratory as may be required for thepurposes of this Act.3F. The Inspector shall take into

consideration the principles of—(a) harmonization with the

international standards;(b) risk assessment and science-

based measures;(c) regionalization; and(d) being least-trade restrictive,

necessary and proportionalto the risk,

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Official andapprovedlaboratories

Animal healthmeasures

in the formulation and development ofanimal health measures for the purposes ofthis Act.”.

9. Section 4 of the Act is amended—(a) in subsection (1)—

(i) in paragraph (a), by deleting the word“infested” and substituting the words“suspected of being diseased”; and

(ii) by repealing paragraph (b) andsubstituting the following paragraph:

“(b) within twenty-four hours,give notice of the fact ofthe animal being diseasedor suspected to be diseasedto the nearest privateveterinary surgeon orveterinary officer.”;

(b) by repealing subsection (2) and substitutingthe following subsection:

“ (2) The person to whom noticeunder subsection (1)(b) is receivedshall, without delay, notify theInspector of any animal having orreasonably suspected of having adisease of agricultural, economic, andzoonotic significance.”.

10. The Act is amended by repealing section 5 andsubstituting the following section:

5. (1) Where a veterinary officersuspects that a notifiable disease exists inany premises, the veterinary officer shall,without delay, inform the Inspector andupon receipt of the verbal or writtenapproval of the Inspector—

(a) declare a provisionalinfected zone;

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“Declaration ofinfected zone

Section 5 amended

Section 4 amended

(b) write a notice to that effect,specifying the limits of thezone and indicating thepreventative measures to beapplied in the zone;

(c) serve such notice upon anyowner or occupier of anyaffected premises; and

(d) provide a copy of the noticeserved upon the owner oroccupier under paragraph(c) to the Inspector.

(2) Any premises declared as aprovisional infected zone shall be subject toconfirmation by the Inspector followingan investigation within seven days, andupon such confirmation, the Inspectorshall provide written notice to theMinister.”.

11. The Act is amended by inserting after section 5 andsubstituting the following sections:

5A. (1) The Inspector shall—(a) establish an animal disease

surveillance system todetect animal diseases,animal health hazards orinvasive alien animalspecies with, at least, thefollowing characteristics:(i) representative coverageof target animalpopulations by fieldservices;

(ii) effective diseaseinvestigation andreporting; and

21

New sections 5A, 5B,5C, 5D, 5E, 5F, 5G, 5H,5I and 5J inserted

“Animaldiseasesurveillancesystem

(iii) laboratories capableof diagnosing anddifferentiating relevantdiseases;

(b) provide continuous trainingin the early detection andreporting of unusual animalhealth incidents forveterinary surgeons, animalhealth para-professionals,livestock owners andothers involved in handlinganimals; and

(c) establish a national chain ofcommand for the earlydetection, reporting andresponse to animal diseases,animal health hazards andinvasive alien animalspecies.

(2) Any person who detects orsuspects the presence of a notifiabledisease or any invasive alien animalspecies shall report the disease, orsuspicion of the disease, and symptoms, orinvasive alien animal species, to anyveterinary officer or private veterinarysurgeon.

(3) The veterinary officer orprivate veterinary surgeon shall issuea receipt of the report to the personreporting the disease and symptoms undersubsection (2).

(4) A veterinary officer or privateveterinary surgeon shall report, withoutdelay, the presence of a notifiable diseaseor any invasive alien animal species to theInspector.

22

(5) Any veterinary officer orprivate veterinary surgeon who failswithout reasonable cause, to comply withsubsection (4) commits an offence.5B. (1) Where the Inspector determines

that the circumstances that gave rise tothe declaration of the infected zone are nolonger present, the Inspector shall recommendto the Minister to revoke the declaration ofan infected zone.

(2) Upon receipt of the Inspector’srecommendations in subsection (1), theMinister may, by Order, revoke thedeclaration of an infected zone and suchzone shall cease to be an infected zone.5C. The Inspector shall prepare an

animal disease emergency plan which shallbe tested at least every four years andupdated within six months of testing. 5D. (1) The Inspector shall develop

contingency plans for emergenciesaffecting animal health.

(2) Contingency plans shall takeinto account the different disease controlstrategies available, the implications of theuse of different control strategies and themost appropriate strategy given differentcircumstances or disease outbreakscenarios. 5E. (1) Where the Inspector has

reasonable grounds to suspect that there isan outbreak of a disease or high risk of anoutbreak of a disease in Trinidad andTobago, the Minister shall, by Order, uponreceipt of the written recommendation ofthe Inspector, declare a disease emergency

23

Revocation ofdeclaration ofan infectedzone

Animaldiseaseemergencyplan

Contingencyplans forresponse toemergenciesaffectinganimal health

Declaration ofanimal diseaseemergency

in Trinidad and Tobago or any part thereofand specify in the Order—

(a) the limits of the provisionalinfected zone;

(b) the duties of persons in theprovisional infected zone; or

(c) restrictions related to thesuspected disease.

(2) In the event of the outbreak ofa disease and, where a zoonotic disease issuspected, the Inspector shall notify theMinistry responsible for health immediately.

(3) The Inspector shall implementthe animal disease emergency plan uponthe declaration of an animal diseaseemergency.

(4) The declaration of an animaldisease emergency shall be—

(a) based on the suspicion of anoutbreak of a disease ofagricultural, economic, andzoonotic significance andbe limited to the extentnecessary to minimize thethreat;

(b) time-bound and subject toperiodic review andevaluation as shall beprescribed by Regulationsand in the animal diseaseemergency response plan.

(5) Any sanitary measuresapproved by the Inspector in cases ofemergencies shall be proportionate to thethreat giving rise to the declaration ofemergency and shall be published in theGazette, two daily newspapers circulatingin Trinidad and Tobago and via theelectronic media.

24

(6) The Inspector shall regularlyupdate the Minister on the status of theanimal health situation.

(7) The Inspector shall advise theMinister to revoke the Order under sub-section (1) where the circumstances thatgave rise to the threat no longer justify thecontinuing status of an animal diseaseemergency.

(8) The Minister may, by Order, onthe recommendation of the Inspector,revoke the Order under subsection (1). 5F. Where the Inspector has established

the necessary measures to maintain thestatus of free zones, containment zones,free compartments or surveillance zones,the Minister may, by Order, upon therecommendation of the Inspector, declarea zone to be a free zone, containment zone,surveillance zone or a free compartment, as thecase may be.5G. (1) Subject to any exceptions made

under this Act, no person shall, without thewritten approval of the Inspector, removefrom, or take into, a provisional infectedzone, infected zone or containment zone,any animal, carcass, animal product oranimal-related item or other item coveredunder a notice or Order under section 5 oran Order under section 5E.

(2) Where a veterinary officerbelieves on reasonable grounds that anyanimal, carcass, animal product, animal-related item, or other thing has beenremoved from or taken into an infectedzone or containment zone in contraventionof subsection (1), the veterinary officer may—

(a) seize such item if there is ananimal health risk;

25

MovementRestriction

Declaration offree zones,containmentzones, freecompartmentsandsurveillancezones

(b) return it to or remove itfrom the infected zone orcontainment zone, or moveit to any other place;

(c) request the owner to returnit to or remove it from theinfected zone, or move it toany other place;

(d) postpone the movement forsuch period as he mayspecify in a written notice;or

(e) take such other sanitarymeasures as necessary.

(3) In furtherance of subsection (2),a veterinary officer shall communicate bywritten notice to the owner or the personhaving the possession, care or control ofthe animal, carcass, animal product oranimal-related item or other thing andshall specify the period within which andthe manner in which the item is to beremoved or returned.5H. The Inspector shall determine the

most appropriate way to identify and traceanimals and shall collaborate with theMinistry responsible for food safety withregard to the traceability of animalproducts to be used as food for humanconsumption.

5I. (1) No veterinary medicinalproduct shall be imported, manufactured,distributed, advertised, sold or used inTrinidad and Tobago unless it is registeredin accordance with the Food and Drugs Actor any other written law.

26

Animalidentificationandtraceability

Registration ofveterinarymedicinalproducts

Chap. 30:01

(2) The requirement of registrationin subsection (1) does not apply totraditional animal remedies preparedat the local level and administered inaccordance with customary usage.

(3) The Inspector shall collaboratewith the Ministry responsible for healthon the registration, authorized uses,prescription, sale and distribution ofveterinary medicinal product.”.

12. The Act is amended by repealing section 6 and sub-stituting the following section:

6. (1) Where the finding of an infectedzone is confirmed by the Inspector, theMinister may, by Order, declare aninfected zone and the Order shall—

(a) specify the limits of theinfected zone;

(b) outline the duties of personsin the infected zone; and

(c) restrict or prohibit theinternational trade andmovement of animals,carcasses, animal productsor animal-related items thatmay be affected by thedisease, or may contributeto disseminating thedisease, into or out of, theinfected zone.”.

(2) The Inspector shall regularlyreview the disease status of the infectedzone to verify compliance with the Orderand shall recommend to the Ministersuch revisions and updates as may benecessary.”.

27

Section 6 amended

“Infected zone

13. Section 7 of the Act is amended by deleting thewords “an infected or infested place or an infected orinfested area” and substituting the words “an infectedzone”.

14. Section 8(1) of the Act is amended by deleting thewords “an infected or infested place or is within aninfected or infested area” and substituting the words “aninfected zone or is within an infected zone”.

15. The Act is amended by inserting after section 8, thefollowing section:

8A. (1) For the purposes of controllingor eradicating animal diseases and ofpreventing their introduction or spread,the Inspector may—

(a) prohibit or regulate themovement of animals,carcasses, animal products,animal-related items,persons and vehicles,within, into or out of aninfected or provisionalinfected zone, free zone orcontainment zone;

(b) seize, treat or dispose ofanimals, carcasses, animalproducts or animal-relateditems that are or have beenin a zone; or

(c) implement any disinfectionobjects, sanitation measures,eradication measures,vaccination schemes, orofficial control and stamping-out programmes.

28

Section 7 amended

Section 8 amended

New section 8A inserted

“Controlmeasures

(2) Subject to any specificprovision in any Regulations under thisAct, nothing in this Act, or in anyRegulations made thereunder, shall beconstrued as restricting or prohibiting thetransport of any person, animal or thing,by public road through an infected zone, ifsuch person, animal or thing, is notdetained within such place or area.”.

16. Section 10 of the Act is amended by deleting thewords “infected or infested area” and substituting thewords “infected zone”. 17. Section 12 of the Act is amended by deleting thewords “may by Order amend the Schedule by addingthereto or deleting therefrom the name of any particulardisease, or otherwise” and substituting the words “, byOrder, on the recommendation of the Inspector, amendthe notifiable diseases listed in Schedule 1.”.18. Section 13 of the Act is amended—

(a) in subsection (2)—(i) by repealing paragraph (c) andsubstituting the following paragraph:

“(c) the notification to bepublic of infected zonesand the removal ofanything into, within orout of those zones, andthe cleansing or disinfectionof those zones;”;

(ii) in paragraph (d), by deleting thewords “infected or infested places orinfected or infested areas” and substi-tuting the words “infected zones”;

(iii) in paragraph (e), by deleting the words“infected or infested place or infectedor infested area” and substituting thewords “infected zone”;

29

Section 10 amended

Section 12 amended

Section 13 amended

(iv) by deleting the full stop at the end ofparagraph (j) and substituting a semi-colon;

(v) by inserting after paragraph (j) thefollowing paragraphs:

“ (k) the movement of persons,animals, carcasses, animalproducts or animal-relateditems or other things into,within, or out of, anyinfected place, infectedzone, provisional infectedzone, infected compartment,containment zone, freezone or free compartment;

(l) the examination, inspection,cleansing, destruction,disposal, seizure anddetention of any animal,carcass, animal productor animal-related item orother thing;

(m) the documents and formsto be used for the purposesof this Act, includingapplications, permits,receipts for articles seizedand certificates issuedby the exporting country,as well as the relevantapplication procedures;

(n) the fees and costs forinspection and analysisor any other officialactions taken under thisAct;

30

(o) standards for animalwelfare, in accordancewith best practicesincluding standards foranimal care and treatment,disaster risk planning foranimal safely, health andwelfare and animal healthand safety emergencyprocedures;

(p) the establishment andimplementation of animalidentification, animaltraceability and animalmovement systems;

(q) the quarantine of aquaticand non-aquatic animals;

(r) the operation of quarantinestations or internationaltransportation facilities;

(s) the procedures to befollowed by veterinaryofficers and officiallaboratories in theexercise of their functionsunder this Act;

(t) contingency plans foremergencies affectinganimal health;

(u) the registration, importation,manufacture, distribution,labelling, sale, use orexportation of anyveterinary medicinalproduct;

(v) animal feed;(w) the appeal procedures

applicable under this Act;

31

(x) the rules and proceduresapplicable to theimplementation of officialcontrol measures andstamping-out programmes;

(y) the payment of fees topersons involved in ananimal disease emergencyresponse;

(z) the scale of charges forthe treatment and keep ofanimals detained undersection 18E;

(aa) the population control ofstray or feral animals,including but not limitedto spay and neuterprogrammes; or

(ab) any other matter deemednecessary for the carryingout of the provisions ofthis Act.”;

(b) in subsection (3), by deleting the words “notexceeding five thousand dollars” andsubstituting the words “fifty thousanddollars”.

19. The Act is amended by repealing section 14 andsubstituting the following section:

14. (1) No animal, carcass, animalproduct or animal-related item shall beimported into Trinidad and Tobago exceptin accordance with this Act.

(2) For the purpose of preventingthe entry of animal diseases and zoonosesinto Trinidad and Tobago, the Inspectorshall—

32

Section 14 amended

“Importrequirements

(a) establish import requirementsfor animals, carcasses,animal products andanimal-related items basedon international standardsor science-based riskanalysis;

(b) approve and publish in theGazette and on its website alist of animals, carcasses,animal products andanimal-related items whichrequire an official veterinaryhealth certificate or otherofficial health certificatebefore being imported intoTrinidad and Tobago; and

(c) in coordination with theMinistry responsible forhuman health, establishimport requirements forveterinary medicinal products.

(3) The Inspector shall regularlyreview and update on the Ministry’swebsite, the import requirements issuedunder this section.”.

20. Section 15 of the Act is amended—(a) in subsection (2)—

(i) by deleting the full stop at the end ofparagraph (d) and substituting a semi-colon;

(ii) by inserting after paragraph (d), thefollowing paragraph:

“(e) the requirements, proceduresand forms for the

33

Section 15 amended

importation, exportationand transit of animals,carcasses, animal productsand animal-related items.”;

(b) in subsection (3), by deleting the words“not exceeding five thousand dollars” andsubstituting the words “fifty thousanddollars”.

21. The Act is amended by inserting after section 15,the following section:

15A. (1) The owner or operator of aninternational transportation facility shall,where required in writing by theMinister, provide and maintain adequateareas, offices, laboratories and other facil-ities, including buildings, accommodation,equipment, furnishings and fixtures, inorder to facilitate inspections or for anyother purpose related to the administra-tion of this Act or the Regulations.

(2) The Minister, upon the adviceof the Inspector, may require the owner oroperator to make improvements to anyarea, office, laboratory or other facilityprovided pursuant to subsection (1).”.

22. The Act is amended by repealing section 16 andsubstituting the following section:

16. (1) Any person intending to importany animal, carcass, animal product oranimal-related item into Trinidad andTobago shall apply to the Inspector for animport permit in the approved form inSchedule 2.

(2) Where the Inspector is satisfiedthat an applicant has met therequirements, he may issue an import

34

New section 15Ainserted

“Internationaltransportfacility

“Importpermits

Section 16 amended

permit in the approved form specifyingcondition where appropriate.

(3) The Inspector may specify in animport permit, the port of entry throughwhich an animal, carcass, animal productor animal-related item shall be imported.

(4) The Inspector may review,suspend, modify or revoke an importpermit at any time by written notice.”.

23. The Act is amended by inserting after section 16the following sections:

16A. (1) A person shall not import ananimal, carcass, animal product or animal-related item unless—

(a) the importation is inaccordance with an importpermit issued by theInspector; and

(b) the animal, carcass, animalproduct or animal-relateditem is accompanied by anofficial veterinary healthcertificate, where required.

(2) The Inspector may, at any time,prohibit or restrict the importation intoTrinidad and Tobago, for any reasonablecause, of any animal, carcass, animal prod-uct or animal-related item.

(3) The Inspector may prohibit theimport of—

(a) any tack, harness, gear,rope, sling or otherequipment which has beenused in connection with anyanimal;

(b) any cage, basket, box, crate,

35

New sections 16A, 16B,16C, 16D, 16E and 16Finserted

“Restrictions onimportation

tank, aquarium or othercontainer which has beenused or is being used forthe carriage of any animal,animal-related item orrefuse; and

(c) any instrument, tool orother utensil which has beenused in connection with anyanimal or any of the thingsmentioned in paragraph (b),

which, in the opinion of the officer, iscapable of carrying any notifiable or otherinfectious or contagious disease affectinganimals.

(4) Where the Inspector is satisfiedthat any such equipment, container,utensil or animal-related item insubsection (3) is capable of being disinfected,the veterinary officer may permit it to belanded in the country, subject to suchconditions and directions, relating to itsdisinfection in the specified port areawhere it is landed, as the veterinary officershall set out in writing.

(5) Where disinfection is requiredunder this section, such disinfection shallbe at the expense of the importer.

(6) Where any equipment, container,utensil or animal-related item entersTrinidad and Tobago in contravention ofthis Act or of any condition or directionimposed, the equipment, container, utensilor animal-related item may be seized by aveterinary officer and detained, destroyedor otherwise disposed of as the Inspectormay direct.

36

16B. (1) The Inspector may issue animport permit to any person for theimportation of any animal into Trinidadand Tobago—

(a) for the purposes of anyexhibition, performance orcircus where the animal isnot expected to remainpermanently in Trinidadand Tobago; or

(b) for educational purposes orfor a zoological collection,where the animal is expectedto be used for research ordisplay and is expected toremain permanently inTrinidad and Tobago.

(2) A permit granted under thissection may contain such terms andconditions as the Inspector may thinkappropriate in the circumstances.

(3) Every person desirous ofapplying for a permit under this sectionshall make application to the Inspector inthe approved form and pay the specifiedfee. 16C. (1) A customs officer, importer,

courier, master of a vessel or captain of anaircraft shall notify the Inspector in aprompt manner of the arrival of allanimals, carcasses, animal product oranimal-related items.

(2) A courier shall not release ordispose of any animal, carcass, animalproduct or animal-related item unlessauthorized by the Inspector or a veterinaryofficer.

37

Zoologicalcollection andexhibitioins

Arrivalnotification

16D. (1) Subject to subsection (2), aveterinary officer shall inspect allconsignments of animals, carcasses,animal products, and animal-related itemsat a port of entry designated by theInspector upon importation into Trinidadand Tobago.

(2) Inspections of consignments ofanimals, carcasses, animal products andanimal-related items may be carried out bya veterinary officer at any premises orfacility approved by the Inspector where—

(a) the container has beensealed and marked inaccordance with theCustoms Act; and

(b) there is negligible risk ofintroduction or spread ofdisease.

(3) Upon inspection undersubsection (1), where the veterinary officerdetermines that the consignment presentsnegligible risk for the introduction andspread of disease, the veterinary officermay grant permission for the consignmentto be landed.

(4) Subject to subsection (5), wherethe veterinary officer determines that aconsignment may result in the introduc-tion or spread of a vector or a disease, orwhere the documentation accompanyingthe consignment fails to meet therequirements of this Act, the veterinaryofficer shall—

(a) without delay, inform theInspector; and

(b) provide written notice to the

38

Inspection ofImports

importer of the followingmeasures to be carried outwithin fourteen days or suchshorter period, as may bespecified, from the receipt ofthe notice at the expense ofthe importer and thegrounds for imposing thesemeasures:(i) the taking of samplesfor submission to anapproved laboratoryfor analysis;

(ii) transfer the consignmentto a quarantine stationor any other locationidentified by theInspector for testing ordisinfection;

(iii) carry out treatment ordisinfection of theconsignment;

(iv) return the consignmentto the country of origin;or

(v) destruction of theconsignment.

(5) The veterinary officer mayforego notice to the importer and carryout any of the actions specified undersubsection (4), where the destruction ofthe shipment is urgently required onhumane grounds or the giving of notice isimpracticable.

(6) Where an imported consignment

39

lies unclaimed for a period of at least twoweeks after entry into Trinidad andTobago, or after any treatment or disinfectionthereof, the Inspector may take action todispose of such consignment.

(7) The cost of any action taken bythe Inspector under subsections (4), (5) and(6) shall be borne by the importer.

(8) Where an importer fails to paythe cost of any action taken by theInspector under subsections (4), (5) and (6),the Inspector shall not issue further importpermits to the importer until the cost ofaction is fully repaid by the importer.

(9) The State shall bear no liabilityfor actions taken in good faith forthe destruction or disposal of animals,carcasses, animal products or animal-related items imported into Trinidad andTobago in contravention of this Act.16E. (1) Any person who wishes to

transport any animal, carcass, animalproduct or animal related item throughTrinidad and Tobago shall apply, beforeentry, for an in transit permit to theInspector in the approved form and pay theprescribed fee.

(2) The Inspector may issue theapplicant with an in transit permit in theapproved form, if the applicant meets therequirements of this Act, and may in the intransit permit include such conditions ashe thinks fit.

(3) At a port of entry, a veterinaryofficer may—

(a) inspect any animal, carcass,animal product or animal

40

In transitpermits

related-item in transitthrough Trinidad andTobago to verify its sanitarystatus;

(b) upon the detection of anotifiable disease,(i) refuse entry;(ii) detain or seize the

animal, carcass, animalproduct or animal-related item; or

(iii) apply sanitary treat-ment or action,

and promptly inform theInspector; and

(c) refuse entry to an animal,carcass, animal product oranimal related-item if theofficial veterinary healthcertificate issued by theInspector of the exportingcountry is incomplete.

(4) The owner or operator of avehicle carrying any animal, carcass,animal product or animal-related itemstopping in a port or passing through aport situated in Trinidad and Tobago, ontheir way to a port situated in the territoryof another country, shall comply with theconditions specified by the Inspector in thein transit permit. 16F. (1) No animal, carcass, animal

product or animal-related item shall beexported from Trinidad and Tobago exceptin accordance with this Act.

41

Exportrequirements

(2) Any person who intends toexport a consignment of any animal,carcass, animal product or animal-relateditem from Trinidad and Tobago shallsubmit the consignment, together withany document required to satisfy theauthorised officer that the consignmentmeets the requirements of the importingcountry for examination by an authorisedofficer in coordination with the Ministryresponsible for health.

(3) Where the authorised officer issatisfied that the consignment meets therequirements of the importing country, theauthorised officer shall issue an officialveterinary health certificate in respect ofthat consignment.

(4) Where the authorised officeris satisfied that the consignment to beexported poses any risk for theintroduction and spread of a disease ordoes not otherwise satisfy the requirementsof the importing country, the authorisedofficer shall—

(a) subject the consignment toappropriate treatment inorder to remove the risk; or

(b) deny issuance of an officialveterinary health certificate.

(5) For the purposes of issuing anofficial veterinary health certificate, theauthorised officer may—

(a) carry out biological tests,vaccinations or disinfectionprocedures;

(b) carry out inspections ofanimals, and approval and

42

certification procedures onanimals and establishments;

(c) observe animals duringtransport to the place ofshipment and at the point ofdeparture; and

(d) send advance notice to theimporting country.

(6) A private veterinary surgeonmay issue an official veterinary healthcertificate for any animal intended to beexported from Trinidad and Tobago,subject to the endorsement of thecertificate by the Inspector.

(7) The costs of any required actionunder this section shall be borne by theowner of the animal, carcass, animalproduct or animal-related item intended tobe exported from Trinidad and Tobago.”.

24. The Act is amended by repealing section 17 andsubstituting the following section:

17. (1) The Inspector may designatequarantine stations in such places, as hethinks necessary, and all animals requiredto be quarantined under this Act, or underany import permit, shall be placed withinsuch stations in accordance with thedirections of a veterinary officer.

(2) Notwithstanding subsection (1),private premises shall not be designated asa quarantine station without the consent ofthe owner or occupier of the premises.

(3) An authorised officer shallensure that a quarantine station issatisfactory for the purpose of receivingand retaining animals in quarantine and

43

Section 17 amended

“Quarantinestations

that it is monitored daily by a veterinaryofficer or a private sector veterinarysurgeon approved by the Ministryresponsible for animal health.

(4) Any animal may be placed in aquarantine station where the veterinaryofficer or private sector veterinary surgeonsuspects that the animal–

(a) is suffering from a notifiabledisease;

(b) may have been in contactwith any animal which is ormay be suffering from aprescribed disease; or

(c) has otherwise been exposedto the risk of contracting anotifiable disease.

(5) The release from quarantine ofany animal shall be subject to anddependent upon the result of re-inspectionand of any diagnostic examination and anytests which the Inspector may considernecessary to employ for the detection ofdisease.

(6) Notwithstanding the expiry ofthe period of quarantine directed by theInspector under subsection (4), no animalshall be removed from any quarantinestation without the prior writtenpermission of the Inspector and thepermission may be either unconditional orsubject to such conditions as may bespecified.

(7) Any animal which develops anynotifiable disease while in the quarantinestation or, in the opinion of a veterinaryofficer presents a risk for the spread of a

44

notifiable disease in Trinidad and Tobagomay, with the approval of the Inspector, behumanely euthanised or destroyed withoutpayment of compensation.”.

25. The Act is amended by repealing section 18 andsubstituting the following section:

18. Every animal which is imported,unless exempted by virtue of Regulationsor subject to instructions under section16D (4)(b)(iv) and (v), shall upon beinglanded, be placed in quarantine for suchperiod as the Inspector may direct and besubject to such conditions as may be speci-fied.”.

26. The Act is amended by inserting after section 18,the following Part:

“PART IIIAANIMAL WELFARE AND STRAY ANIMALS

18A. (1) Any person who cruelly beats,ill-treats, starves, over-drives, overrides,overloads, abuses, tortures, neglects orotherwise maltreats any animal commitsan offence.

(2) An animal shall be deemed tobe overloaded if it is made to carry aburden or draw a load which is beyond itsstrength, or after it is exhausted, or if byreason of the size, strength, or condition ofthe animal or of any other circumstancesthe Magistrate is of the opinion that theburden or load is unduly heavy.

(3) An animal used in drawing avehicle shall be deemed to be ill-treated if,by reason of the condition of the vehicle or

45

New sections 18A, 18B,18C, 18D, 18E, 18F,18G, 18H, 18I, 18J, 18Kand 18L inserted

Section 18 amended

“Importedanimals to bequarantined

Prohibition ofmaltreatment

harness used, or of the nature andcondition of the road travelled over, orother cause, the animal, in the opinion ofthe Magistrate, has been made to sufferunnecessary strain or pain or has beenoverworked.18B. Any person who works any animalin such a condition as to be unfit for work,whether from lameness, emaciation orfrom any other condition and whether thatcondition is caused by disease or deficientfeeding or otherwise, in any plough,carriage or other vehicle, commits aoffence.18C. (1) If any person shall, by

committing any offence under section 18Aor 18B, cause any injury or damage to bedone to any animal or to any person orproperty, he shall, on conviction for suchoffence, pay to the owner of the animal thefair market value of the animal (if theoffender is not the owner) or to the personwho has sustained the injury ordamage, such sum of money by way ofcompensation, as the Court shall adjudge.

(2) The payment of suchcompensation or imprisonment for thenon-payment thereof shall not prevent orin any manner affect the punishment towhich the offender may be liable for or inrespect of the offence.

(3) Nothing herein contained shallprevent any proceeding by action againstthe offender or his employer where theamount of the damage or injury is notsought to be recovered under this Act.

46

Workinganimal unfitto work

Compensationfor damagedone by crueltyto animals

18D. (1) Any person who—(a) in any manner encourages,

aids, or assists at thefighting or baiting of anyanimal, whether domestic orwild; or

(b) keeps or uses or acts in themanagement of any place tobe used for the purpose offighting or baiting any suchanimal; or

(c) being the owner or occupierof any place, permits orsuffers it to be so used,

commits an offence.(2) Any person who receives money

for the admission of any other person toany place kept or used for any of thepurposes mentioned above shall, unlessthe contrary is proved be deemed to be thekeeper of such place.18E. (1) On any conviction for any

offence under section 18A or 18B, theMagistrate may, if he thinks that suchanimal is unfit to work, direct that it bedetained for treatment in any place whichhas been notified in the Gazette by theInspector as set apart for that purpose,for any period not exceeding thirty days,during which the maintenance of suchanimal shall be provided free of cost to theGovernment.

(2) Pending the hearing of acomplaint for any such offence theMagistrate may, on the application of thecomplainant, direct the animal to bedetained in the same manner.

47

Bull-baiting,cock-fightingand similaroffences

Animals maybe detainedfor treatment

18F. Except for gross negligence, noofficer, servant or person having charge ofany place set apart as provided in section18E shall be liable in respect of the deathor sickness or deterioration of, or anyaccident or casualty to, any animaldetained in such place under this Act.18G. If any animal detained undersection 18E, for any period shall, on theexpiration of that period or within forty-eight hours thereof, not be claimed by itsowner, or if its owner does not pay to theplace set apart the cost of the keep andtreatment of the animal during the periodit is detained, the person having charge ofit may, after seven days’ notice publishedin the Gazette and two daily newspapers incirculation in Trinidad and Tobago, disposeof the animal in an appropriate manner inaccordance with this Act. 18H. In the case of any offence undersection 18A or 18B, the Court may, if itthinks fit, order as part of its sentence thatthe animal shall be destroyed and its bodydisposed of at the expense of the offender.18I. (1) An owner or person in charge of

an animal shall provide such animalwith—

(a) a sufficient and suitablediet;

(b) access to sufficient and cleanwater;

(c) proper shelter and housingwhich are—

(i) appropriate for theanimal’s behaviouralpatterns; and

48

Liability foranimalsdetained

Unclaimedanimals maybe sold ordestroyed

Power to orderdestruction ofanimal

Welfare ofanimals

(ii) reasonably sufficient toprotect the animal fromunsuitable weathercondition, including therisk of death or injuryfrom flooding and orother natural disasters;

(d) veterinary care whenneeded to treat and preventsuffering and disease;

(e) suitable accommodationduring transportation; and

(f) humane care and treatment.(2) No owner or person in charge of

an animal shall cause or permit anotherperson to cause the unnecessary sufferingor death of an animal.

(3) An owner or person in charge ofan animal shall take reasonable steps tomitigate any suffering which may becaused to the animal by its exposure tofireworks.18J. (1) An owner or person in charge of

an animal shall, when required to do so,provide assistance to and carry out suchinstructions of a veterinary officer as maybe required to facilitate the exercise of theveterinary officer’s functions.

(2) No owner or person in charge ofan animal shall, when required to do so,fail without reasonable excuse to provide aveterinary officer with such information asmay be necessary to aid in the eradicationof any animal disease or for the implemen-tation of this Act.18K. The Inspector may humanelyeuthanise and safely dispose of an infected

49

Duty ofowner ofanimals

Disposal ofinfected orcontaminatedanimal

or contaminated animal or require theowner or person in charge of the animal tohave the animal humanely euthanised andsafely disposed of by a private veterinarysurgeon.18L. The Inspector shall, in collaborationwith the Ministry responsible for healthand other authorities, approve measuresto—

(a) control the populations ofstray and feral animals,including programmes andstrategies to control animalswhich may pose a risk forpublic health, safety orsecurity; and

(b) contain and control notifiablediseases, including zoonosesin stray and feral animalpopulations.”.

27. The Act is amended by inserting after section 20,the following sections:

20A. A veterinary officer who seizes anddetains an animal, carcass, animal productor animal-related item or other thingunder this Act, may—

(a) require its owner or theperson in charge of it at thetime of the seizure toremove it to any place; or

(b) store it at the place where itwas seized.

20B. Unless authorized in writing by theInspector, no person shall remove, alter orinterfere in any way with any animal,carcass, animal product or animal-related

50

Stray andferal animals

New sections 20A and20B inserted

“Storage andremoval ofseized animals

Prohibition onthe interferencewith seizedanimals

item or other thing seized and detainedunder this Act.”.

28. The Act is amended by repealing section 21 andsubstituting the following section:

21. (1) Any person who—(a) fails to comply with any

order, direction or permitlawfully made or grantedunder this Act;

(b) takes or allows to be taken,unless otherwise requiredby this Act or anyRegulations made thereunder,or allows to stray, anydiseased or infested animalin or upon any common,public road, or public place;or

(c) gives false information to aveterinary officer,

commits an offence and is liable onsummary conviction to a fine of fiftythousand dollars and to imprisonment fora term of two years.

(2) Any person who—(a) attempts to improperly

influence any official in theexercise of the official’s func-tions under this Act;

(b) fails to allow a search orinspection authorised underthis Act;

(c) knowingly or recklesslyprovides information whichis false, for the purpose of

51

Section 21 amended

“Offences

obtaining any documentunder this Act;

(d) exports any animal, carcass,animal product or animal-related item except inaccordance with this Act; or

(e) fails to provide access,samples or information to aveterinary officer uponrequest, or otherwise failsto comply with an orderproperly given under thisAct,

commits an offence and is liable onsummary conviction to a fine of onehundred thousand dollars and to imprisonmentfor a term of three years.

(3) Any person who—(a) tampers with any samples

taken under this Act;(b) imports any animal, carcass,

animal product or animal-related item without animport permit or officialveterinary health certificatewhere required, or otherwisecontrary to any requirementsspecified under this Act;

(c) carries out activities whichrequire a permit or otherauthorisation by theInspector without suchpermit or authorisation;

(d) alters, forges, defaces, ordestroys any documentissued under this Act;

52

(e) tortures, beats, injures,mutilates, neglects or treatswith cruelty any animal oroverloads any animal incontravention of section 18A;

(f) contravenes sections 18B,18D or 18I;

(g) permits an act or anomission to act by anotherperson that causes unnecessarysuffering to an animalincluding suffering causedby exposure to fireworks;

(h) possesses, sells, offers forsale, transports, imports orexports any animal, carcass,animal product or animal-related item knowing it isinfected or contaminated ormay transmit a notifiabledisease, or intentionallypermits or causes theintroduction or spread ofany notifiable disease;

(i) throws or places or causes tobe thrown or placed into orin any river, stream, drain,or other water or into orwithin the territorial sea asdefined under theTerrritorial Sea Act, thecarcass of an animal;

(j) throws or places or causes tobe thrown or placed in apublic place, any part of ananimal;

(k) digs up, or causes or allows

Chap. 1:51

53

to be dug up, the buriedcarcass of any animal whichhas been slaughtered underthis Act as diseased orsuspected or which has diedor is suspected of havingdied from any disease;

(l) imports any animal, carcass,animal product or animal-related item except througha defined port of entry;

(m) assaults, resists, intimidates,threatens, or wilfullyobstructs any officer whileexercising lawful powersunder this Act; or

(n) impersonates a veterinaryofficer or veterinary surgeon and provides oroffers to provide theservices of a veterinaryofficer or veterinary surgeon without beingregistered to do so or inthe case of an employeeof the Ministry responsiblefor animal health, offersto provide such servicesoutside the course ofsuch employment,

commits an offence and is liable onsummary conviction to a fine of twohundred thousand dollars and imprisonmentfor a term of five years.”.

54

29. The Act is amended by inserting after section 21,the following sections:

21A. Any officer from the Ministryresponsible for animal health who—

(a) unlawfully seizes any itemwhile purporting to act inaccordance with this Act;

(b) agrees to do, abstains fromdoing, permits, conceals, orconnives in doing any act orthing contrary to the properexecution of his official dutiesunder this Act;

(c) discloses any confidentialinformation acquired in thecourse of his employment inrelation to this Act, exceptwhere required to do so by hissupervisor or ordered to do soby any court; or

(d) in connection with any officialduty, directly or indirectly asksfor or takes any payment,gratuity or other reward towhich that officer is notentitled,

commits an offence and is liable onsummary conviction to a fine of fiftythousand dollars and to imprisonment fora term of two years.21B. Any customs officer who—

(a) without lawful excuse, fails tonotify the Inspector promptlyupon the arrival of any animal,carcass, animal product oranimal-related item in Trinidadand Tobago; or

55

New sections 21A, 21B,21C, 21D, 21E, 21F,21G and 21H inserted

“Offences byofficials

“Offences bycustomsofficers

(b) releases or disposes of importedanimals, carcasses, animalproducts or other animal-related items unless so authorisedby any veterinary officer,

commits an offence and is liable onsummary conviction to a fine of fiftythousand dollars and to imprisonment fora term of two years.21C. Notwithstanding section 70 of theInterpretation Act, where an offence underthis Act is committed by a body corporate,the body corporate is liable on-

(a) summary conviction, to a fine oftwo hundred thousand dollars;or

(b) conviction on indictment, to afine of five hundred thousanddollars.

21D. (1) The Inspector may suspend orrevoke any permit or other authorizationhe has issued under this Act where he hasreasonable grounds for doing so.

(2) Where the Inspector intends tosuspend or revoke a permit or otherauthorization issued under this Act, heshall issue a written notice to the ownerof the animal, carcass, animal product oranimal-related item, requiring the ownerto show cause, within a specified time whythe permit should not be revoked orsuspended. 21E. Upon the conviction of any personfor any offence under this Act, the Courtmay, in addition to any other sentenceimposed, order that any animal, carcass,animal product, animal-related item or

56

“Offences bybody corporate Chap. 3:01

Suspension andrevocation ofpermits

Forfeiture

other object in respect of which the offencehas been committed or which was used inconnection with the offence or any proceedsrealised from their disposition, be forfeitedto the State and disposed of as the Courtmay direct.21F. (1) Customs officers, police officers,

all officials employed in the port, airport,airline, postal services, shippingcompanies, and all local authorities shallassist veterinary officers in the performanceof their functions under this Act by providingsuch facilities and assistance as theInspector may request from time to time.

(2) For the purposes of this Act, theInspector may collaborate with theMinistries responsible for health, theenvironment, trade, disaster preparednessand response management, and lawenforcement and other public authoritieswith a role in emergency response.21G. (1) Any person aggrieved by an

action or decision of a veterinary officerunder this Act may, within seven days,request that the Inspector review theaction or decision and the Inspector shallinform the person of his decision withinfourteen days of receiving the request.

(2) Any person aggrieved by adecision of the Inspector under sub-section (1) may appeal to the High Court. 21H. No veterinary officer, official of theMinistry responsible for animal health, orother person or entity is liable to suit or toprosecution in respect of anything done ingood faith in the performance of officialfunctions under this Act.”.

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Duty to assist,cooperate andcollaborate

Right of appeal

Good faithdefence

30. Section 22 of the Act is amended by deleting thewords “five thousand dollars” and substituting thewords “fifty thousand dollars”.

31. The Act is amended by inserting after section 23,the following section:

23A. The Minister may, by Order,amend the Schedules.”.

32. Section 24 of the Act is amended by deleting thewords “through an infected or infested place or aninfected or infested area if such person, animal or thing,is not detained within such place or area” andsubstituting the words “through an infected zone if suchperson, animal or thing, is not detained within suchzone”.

33. The Act is amended—(a) by deleting the word “carcase” wherever

it appears and substituting the word“carcass”;

(b) by deleting the words “infested area”wherever they appear and substituting thewords “infected zone”; and

(c) by deleting the words “infested place”wherever they appear and substituting thewords “infected zone”.

34. The Act is amended by repealing the Schedule andsubstituting the following Schedule:

“SCHEDULE 1

NOTIFIABLE DISEASES WITHIN THE MEANING OFTHIS ACT

Section 12

MULTIPLE SPECIES DISEASES, INFECTIONS AND INFESTATIONS

AnthraxCrimean Congo haemorrhagic fever

58

Section 22 amended

Section 24 amended

Scheduleamended

Chap. 67:02amended

New section 23Ainserted

“Minister mayamendSchedules

SCHEDULE 1—CONTINUED

Equine encephalomyelitis (Eastern)Ehrlichia ruminantium (Heartwater)Infection with Suid alphaherpesvirus 1 (Aujeszky's/Pseudorabiesdisease virus)Infection with Bluetongue virusInfection with Brucella abortus, Brucella melitensis andBrucella suisInfection with Echinococcus granulosusInfection with Echinococcus multilocularisInfection with Epizootic Haemorrhagic DiseaseInfection with Foot and Mouth Disease virusInfection with Mycobacterium tuberculosis complexInfection with Rabies virusInfection with Rift Valley fever virusInfection with Rinderpest virusInfection with Trichinella spp.Japanese EncephalitisMalignant Catarrhal FeverCochliomyia hominivorax (New world screwworm)Chrysomya bezziana (Old world screwworm)Infection with Mycobacterium avium subspecies paratuber-culosis (Paratuberculosis/Johne’s Disease)

Coxiella burnetii (Q fever)Trypanosoma evansi (Surra) Francisella tularensis (Tularemia)Vesicular stomatitisWest Nile fever

CATTLE DISEASES AND INFECTIONS

Bovine AnaplasmosisBovine BabesiosisCampylobacter fetus venerealis (Bovine GenitalCampylobacteriosis)Bovine Spongiform EncephalopathyBovine Viral Diarrhoea

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SCHEDULE 1—CONTINUED

Enzootic Bovine LeukosisEpizootic Bovine AbortionHaemorrhagic SepticaemiaBovine Herpesvirus-1 (Infectious BovineRhinotracheitis/Infectious Pustular Vulvovaginitis)Infection with Lumpy Skin Disease VirusInfection with Mycoplasma mycoides subsp. mycoides SC(Contagious Bovine Pleuropneumonia)TheileriosisTritrichomonas foetus (Trichomoniasis)Trypanosomosis (tsetse-transmitted)

SHEEP AND GOAT DISEASES AND INFECTIONSInfection with Caprine Arthritis/Encephalitis virusContagious AgalactiaContagious Caprine PleuropneumoniaInfection with Chlamydophila abortus (Enzootic abortion ofewes, ovine chlamydiosis)Infection with Peste des petits ruminants virusMaedi-visnaNairobi sheep diseaseBrucella ovis (Ovine epididymitis)Salmonella abortusovis (Salmonellosis)ScrapieSheep pox and goat pox

EQUINE DISEASES AND INFECTIONS

Taylorella equigenitalis (Contagious equine metritis)Trypanosoma equiperdum (Dourine)Epizootic lymphangitisEquine encephalomyelitis (Western)Equine infectious anaemiaEquine influenzaEquine piroplasmosisInfection with African Horse Sickness virus

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SCHEDULE 1—CONTINUED

Infection with Equid herpesvirus-1 (EHV-1)Infection with Equine arteritis virusInfection with Burkholderia mallei (Glanders)Ulcerative lymphangitisVenezuelan equine encephalomyelitis

SWINE DISEASES AND INFECTIONS

Infection with African swine fever virusInfection with Classical swine fever virusInfection with Porcine reproductive and respiratory syndromevirusInfection with Taenia solium (Porcine cysticercosis)Nipah virus encephalitisTransmissible gastroenteritis/Transmissible gastroenteritiscoronavirusSwine Vesicular diseaseSwine Vesicular Exanthema

AVIAN DISEASES AND INFECTIONS

Chlamydophila psittaci (Avian chlamydiosis)Avian infectious bronchitisGallid herpesvirus I (Avian infectious laryngotracheitis)Mycoplasma gallisepticum and Mycoplasma synoviae (Avianmycoplasmosis)Duck viral enteritisDuck viral hepatitisInfection with Avian influenza virusesInfection with Influenza A viruses of high pathogenicity inbirds other than poultry including wild birdsInfection with Newcastle disease virus Infectious bursal disease (Gumboro disease)Pasteurella multocida (Fowl Cholera)Salmonella gallinarum (Fowl typhoid)Salmonella pullorum (Pullorum disease)Turkey RhinotracheitisPigeon Paramyxovirus

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SCHEDULE 1—CONTINUED

LAGOMORPH DISEASES AND INFECTIONS

MyxomatosisRabbit haemorrhagic disease

OTHER DISEASES AND INFECTIONS

Boid inclusion body disease Trixacarus caviaeCamelpoxLeishmaniasis

AMPHIBIANS

Infection with Batrachochytrium dendrobatidisInfection with Batrachochytrium salamandrivoransInfection with Ranavirus”.

35. The Act is amended by inserting after Schedule 1,the following Schedule:

“SCHEDULE 2

IMPORTATION OF POULTRY AND NON-POULTRYPRODUCTS POULTRY NOTICE

made under section 16

IN ACCORDANCE with the Animals (Diseases and Importation) Act,persons entering Trinidad and Tobago are permitted to bring inanimal products manufactured in the following countries:

(a) Poultry ProductsGreat BritainNorthern IrelandRepublic of IrelandAustraliaUnited States of AmericaCanadaCaricom Countries

(b) Non-Poultry ProductsNorthern IrelandRepublic of Ireland

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Schedule 2 inserted

SCHEDULE 2—CONTINUED

AustraliaUnited States of AmericaCanadaNew ZealandCaricom Countries except Guyana and Belize.

The quantities imported must be in accordance withthe Imports and Exports Control Regulations, 1941,General Import Licence No. 10 of 1981 and itsAmendment, No. 4 of 1984 issued”.

36. The Animals (Importation) Control Regulations areame