Zimbabwe - Statutory law - Animal production
Animal Production
Zimbabwe
SUMMARY
Cattle are required to be branded on the left neck area and tagged on the ears. Animal trophies are also required to be registered for easy traceability.
The manufacturing, production and use of animal feed is regulated under the Fertilizers, Farm Feeds and Remedies Act and Regulations, as well as under the National Biotechnology Authority Act and Regulations. It is illegal to sell farm feed that has altered composition in terms of the Act. There are provisions regulating the labelling of containers that are used to package farm feed. All packaging of farm feed must be sold with labels marked in English or in the vernacular language in a durable and legible manner. Some of the information that the labels should include are the brand name, various indications as listed in the Second Schedule and the proportions of nutrients in the bag. It is also made mandatory to include necessary warning in the labelling of ‘medicated feed’, i.e. feed that has ‘urea, biuret, antibiotic, drugs or hormones’. Registration of stock feed manufacturing plant and stock feed is required. The licence for stock feed is US$150, and US$200 for a stock feed manufacturing plant. The same applies for exporting or importing animal feeds; one would need a permit and to pay a licence fee. To acquire an importation permit for feed products, the fees range from $20 to $80. An export permit is $100. It is an offence to import or export animal feed without a licence, which is punishable by a fine not exceeding level 12 and/or to imprisonment for a period not exceeding five years.
The Prevention of Cruelty to Animals Act prohibits the torture or mistreatment or neglect of animals. It is an offence to cruelly beat, kick, ill-treat, override, overdrive, overload or tortures any animal or cause any animal to be used in this manner.
ANIMAL IDENTIFICATION AND TRACEABILITY
GENERAL REQUIREMENTS
The Veterinary Surgeons Act (Professional Conduct) Regulations provide definitions of a professional assistant and a veterinary surgeon. A professional assistant is defined as a veterinary surgeon employed as a professional assistant in the practice of a veterinary surgeon or a partnership of veterinary surgeons. A veterinary surgeon is defined as a registered veterinary surgeon. The Veterinary Surgeons Act establishes the Council of Veterinary Surgeons, whose mandate is to carry out actions that are “necessary or desirable for the proper regulation of the practice of the profession of veterinary surgery and medicine and the improvement of veterinary services in Zimbabwe”.
ANIMAL IDENTIFICATION AND REGISTRATION
The Animal Health (Livestock Identification) (Cattle) Regulations require that cattle must be identified through branding of the left neck area and then tagging on the ears. These animals should be so identified within 20 days of the cattle’s birth to make it easy to trace in compliance with the Zimbabwe Cattle Traceability Scheme.
RECORD OF ANIMAL MOVEMENTS
The Animal Health (Movement of Cattle and Pigs) Regulations require a permit to move cattle and pigs. No person shall move any cattle or pigs: (i) into or from Zimbabwe; or (ii) from any one prescribed area to or through another prescribed area, or otherwise than in accordance with the terms and conditions of a permit issued by the Department of Veterinary Services. A person who applies for a permit shall, in his/her application, provide the following information: (i) his/her name and address; (ii) the number of cattle or pigs he/she wishes to move and, in the case of cattle, details on the number of bulls, calves, cows and oxen; (iii) the name of the owner of the cattle or pigs; (iv) the specified area from which and specified area to which he/she wishes to move the cattle or pigs; (v) the period within which he/she wishes to move the cattle or pigs; (vi) the route along which he/she wishes to move the cattle or pigs; and (vii) the method by which he/she wishes to move the cattle or pigs.
ANIMAL INSPECTION
The Animal Health Act grants the Director of the Department of Veterinary Services of the Ministry powers to delegate his/her authority to any person authorized to do anything that he/she is empowered to undertake under the Act. The authorized persons known as inspectors have the powers to enter establishments and vehicles, handle animals and requests, and view and copy relevant documents. The Stock Theft Act imposes criminal sanctions for offences for not providing the necessary identification and traceability documents of the animal. The violation of the Act attracts a penalty not exceeding level 7 and/or imprisonment for a period not exceeding four years. This offence is also included in the Criminal Law (Codification and Reform) Act. This Act provides mandatory sanctions for failure to positively identify the animal found in one’s possession. The sanctions range from a fine not exceeding level 14 or twice the value of the stolen property, whichever is the greater, and/or imprisonment for a period not exceeding 25 years.
FEED SAFETY AND QUALITY
GENERAL REQUIREMENTS
The Fertilizers, Farm Feeds and Remedies Act defines farm feed as any substance which is intended or offered for the feeding of poultry, domestic animals or livestock. The Act prohibits the use of ingredients listed in the Third Schedule unless they comply with the specifications of the Schedule. It also prohibits the selling of farm feed that has altered composition. The Act also regulates the labelling of containers used to package farm feed. It requires that all packaging of farm feeds must be sold with labels in English or in the vernacular language in a durable and legible manner. The labels should include, inter alia, the brand name and various details as listed in the Second Schedule and the proportions of the nutrients of the feed. The Farm Feeds Regulations make it mandatory to include a necessary warning in the labelling of ‘medicated feed’, i.e. feed that has “urea, biuret, antibiotic, drugs or hormones”. These regulations also put in place restrictions on the use of medicated feed for consumption purposes that exceed the set levels.
The National Biotechnology Authority Act also provide for requirements for the manufacturing, production and use of biotechnology products which could apply to animal feed to the extent to which these are biotechnology products. The National Biotechnology Authority is established as the competent authority with the mandate of approving materials that are safe for their manufacturing, production and use. The Authority ensures that the development, production, use, application and release of products of biotechnology is performed as per the Act’s provisions.
OPERATOR'S REGISTRATION AND LICENSING
Under the Farm Feeds Regulations, stock feed manufacturing plants must be registered whether the stock feed is to be used to feed animals at the commercial level or for home consumption, unless the necessary exemptions have been granted. The registration is US$200 for a stock feed manufacturing plant.
Medicated feed should be produced with constituents that are registered. In the event that the constituents are inorganic, their elemental content shall be stated. In case of added vitamins, antibiotics, drugs and hormones, the active constituent shall be stated and the maximum levels accepted by the Medicines Control Authority of Zimbabwe shall be respected.
The National Biotechnology Authority Act also requires that all persons who wish to own and/or control a facility to be used for the production, use and application of a biotechnology product must apply for permission to the Authority. This applies to animal feed to the extent to which these are biotechnology products. The Minister is also permitted to make regulations that could guide the registration of “producers, processors and buyers of products of biotechnology”. The National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018 require registration of importers and exporters of feed and feed additives listed in the Second Schedule. In the event that the lienholder breaches the conditions stated on issuance of the permit, the Chief Executive Officer of the Authority can revoke or suspend any registration permit.
TRACEABILITY, WITHDRAWAL AND RECALL
According to the Farm Feeds Regulations, farm feeds should be registered. Registration is a requirement regardless whether the farm feeds are for commercial or domestic consumption. An application for registration of stock feed must be accompanied by a sample of the stock feed, container in which it shall be sold in, and a label or inscription which will be on the container. The registration certificate is renewed annually and the same process as in the initial application is followed annually. Further, an application for registration must contain a list of ingredients in the stock feed and their percentages. Where the feed contains any ingredient of animal origin, it must be accompanied by a certificate stating that such substance has been sterilised in the manner prescribed in the Fertilizers and Farm Feeds (Sterilisation of Animal Products) Regulations, 1976.
The tracking of biotechnology products is delegated to the Minister responsible for Science and Technology Development as per the National Biotechnology Authority Act. These powers relate to the keeping of books and records, estimates, returns and information submitted by producers, processors and buyers of biotechnology products to the Authority. The Act also mandates that every registered business operator producing biotechnology products must provide information that would help the Authority in the discharge of its functions. This applies to animal feed to the extent to which these are biotechnology products.
STORAGE AND DISTRIBUTION
The Farm Feeds Regulations regulate the labelling of containers used to package farm feed. All packaging of farm feed must be sold with labels marked in English or in the vernacular language in a durable and legible manner. The labels should include, inter alia, the brand name, and various particulars as listed in the Second Schedule and proportions of nutrients in the bag. It is also mandatory to include necessary warning on the labelling of medicated feed, i.e. feed that has urea, biuret, antibiotic, drugs or hormones.
FEED IMPORT
According to the National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, any person who requires to import feed products must be in possession of a permit that is given upon having made an application and paid the necessary application fee. The application fees range from US$20 to US$80. The National Biotechnology Authority, if it so desires, may seek for a pre-shipment inspection before importation of the farm feed in order to have a better understanding of the nature of the products, such as genetic modification, quality and raw materials. The same pre-inspection requirement is applied to goods in transit.
FEED EXPORT
According to the National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, any person who requires to export feed products must be in possession of an export permit granted following an application and payment of the necessary application fee. The Regulations also state the procedures to follow when making an application for genetically modified organism (GMO) declarations or seeking a GMO certificate for export; in order to obtain a GMO certificate, the date of testing of the products should not be more than three months old before the application is made.
INSPECTION
The National Biotechnology Authority Act permits the Authority to employ and appoint inspectors who can issue out certificates signed by the Chief Executive Officer to assist in the enforcement and fulfilment of functions listed under the Act that include feed safety and quality requirements. The inspectors have powers to enter establishments and vehicles, take samples, request, view and copy relevant documents, seize items, and suspend and revoke licences when necessary in a bid to ensure compliance with the Act. It is an offence to violate provisions relating to feed safety and quality regulations. Sanctions for failure to comply with biotechnology guidelines and standards of practice and procedure range from a fine not exceeding level 9 and/or imprisonment for a period not exceeding three years. Sanctions for failure to comply with specific requirements applicable to certain facilities carrying out potentially harmful research and undertaking range from a fine not exceeding level 14 and/or imprisonment for a period not exceeding ten years.
ANIMAL WELFARE
GENERAL REQUIREMENTS
The Prevention of Cruelty to Animals Act prohibits the torture or mistreatment or neglect of animals. It is an offence to cruelly beat, kick, ill-treat, override, overdrive, overload or torture any animal, or cause any unnecessary suffering to the animal. An act of commission or omission that causes unnecessary suffering of animals is an offence. Such acts may include non-provision of adequate food and water. The violation of the Act carries a fine of US$200 and/or imprisonment for a period of six months.
ANIMAL HUSBANDRY
The Prevention of Cruelty to Animals Act provides that the causing of undue pain, suffering or injury of animals that are within the animal keepers care is an offence. It is also an offence to torture animals. Additionally, making the animal infuriated, causing the fighting of animals and failure to provide medical treatment are offences.
The Prevention of Cruelty to Animals Act warrants powers to police offers or inspectors to ensure the provision of veterinary shrives to any animal that is found diseased or injured or suffering. They can summon a veterinary surgeon or move the animal to the veterinary surgeon for treatment. The expenses and fees incurred are to be recovered from the owner.
STUNNING AND SLAUGHTER OF ANIMALS
The Public Health (Abattoir, Animal and Bird Slaughter and Meat Hygiene) Regulations provide for the stunning of all domestic animals prior to slaughter. The Regulations prescribe stunning methods, which include using a captive holt gun, exposure to an electrical current, and exposure to carbon dioxide gas. Birds and rabbits may be stunned by any other method approved by the Director of Veterinary Services. Animals must be appropriately restrained before stunning, and the stunning process must not cause unnecessary suffering to the animal.
AQUACULTURE
AUTHORIZATIONS
The Parks and Wildlife Act regulates aquaculture activities in the country. The Act grants the Minister of Environment and Tourism powers to regulate all aquaculture activities that can thus only be undertaken with a permit. Certain restrictions are placed on the use of certain harvesting mechanisms for aquaculture activities such as the use of explosives, introducing chemicals, poison or intoxicating substances in the waters.
MITIGATING ENVIRONMENTAL IMPACTS
Under the Environmental Management Act, an environmental impact assessment certificate is required before certain listed activities identified in the First Schedule are undertaken. Some of the listed projects include dam and man-made lakes that can eventually be used in aquaculture activities. The Environmental Management Act creates offences for the violation of environmental protection provisions such as those linked to environmental impact assessments. Any person who violates this provision is liable to a fine not exceeding US$10 million, and/or to imprisonment for a period not exceeding five years. These provisions are complemented by the Environment Management Act (Effluents and Solid Waste Disposal) Regulations, which identify activities that can be undertaken with or without the need of a water discharge permit. The main criterion used to decide if a waste disposal permit is required relates to whether the Environmental Management Agency finds that the site in question “disposes of or receives waste or effluent that contains material that may cause environmental pollution”.
The Water Act delegates powers to the Water Catchment Council’s to allocate water use licence for areas within their catchments. This covers in particular the uses for agricultural purposes, defined in the Act as including aquaculture activities. Thus, aquaculture activities would generally require such a licence granted by the Water Catchment Council.
INSTITUTIONAL FRAMEWORK RELEVANT TO ANIMAL PRODUCTION
INSTITUTIONAL SET-UP
Animal production falls within several Ministries, government departments, and institutions. The Minister of Agriculture is responsible over the Animal Health Act, its Regulations, the Fertilizers, Farm Feeds and Remedies Act and the Prevention of Cruelty to Animals Act. Most of the functions of the Minister under the Animal Health Act are undertaken by the Director of Department of Veterinary Services who acts through authorised persons. The Minister of Health is responsible over the Public Health Act and its Regulations. The Minister regulates the registration of abattoirs, meat hygiene, and animal slaughter through local authorities, the Director of Department of Veterinary Services and meat inspectors. The production of animal feeds, importation and exportation is also regulated under the National Biotechnology Authority Act and its Regulations. The Act establishes the National Biotechnology Authority as the competent body. The Parks and Wildlife Management Authority established under the Parks and Wildlife Act regulates aquaculture, which however falls under the Minister of Agriculture. The Environmental Management Agency is the responsible authority over environmental management and mitigation of environmentaAnimal production falls within several Ministries, government departments, and institutions. The Minister of Agriculture is responsible over the Animal Health Act, its Regulations, the Fertilizers, Farm Feeds and Remedies Act and the Prevention of Cruelty to Animals Act. Most of the functions of the Minister under the Animal Health Act are undertaken by the Director of Department of Veterinary Services who acts through authorised persons. The Minister of Health is responsible over the Public Health Act and its Regulations. The Minister regulates the registration of abattoirs, meat hygiene, and animal slaughter through local authorities, the Director of Department of Veterinary Services and meat inspectors. The production of animal feeds, importation and exportation is also regulated under the National Biotechnology Authority Act and its Regulations. The Act establishes the National Biotechnology Authority as the competent body. The Parks and Wildlife Management Authority established under the Parks and Wildlife Act regulates aquaculture, which however falls under the Minister of Agriculture. The Environmental Management Agency is the responsible authority over environmental management and mitigation of environmental impacts.
DELEGATION OF POWERS
The Animal Health Act permits the Minister of Agriculture to delegate powers to authorized persons (veterinary officers).
The Parks and Wildlife Act permits the Director General of the Parks and Wildlife Management Authority, with the Board’s consent, to delegate to directors and officers powers delegated to him/her. It is also made clear that delegation does not include delegating powers that are not originally granted upon the entity in the first place. The Act does not determine the circumstances under which the Director can exercise his/her mandate to delegate the powers, to whom such powers can be delegated and withdrawn.
The Environmental Management Act also permits the delegation of function to other actors, namely the Environmental Management Agency or the Council established under the Act. The Environmental Management Act is clear regarding the functions that may be delegated to other people or entities with respect to environmental management.