DISEASES OF ANIMALS: SUBSIDIARY LEGISLATION

Any stock in an area declared to be a stock-free zone shall be removed forthwith by the owner or the person having possession or custody of such stock from such area.

4. Offences

Any person who contravenes the provisions of paragraph 3 shall be guilty of an offence and liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding one year, or to both.

SCHEDULE

(1) Gaborone City and Farms comprising—

(a) the remainder of the Farm Broadhurst B No. 4-KO, as shown on Diagram No. A620/1916;

(b) the Farm Annex Bonnington being portion 1 of the Farm Broadhurst B No. 4-KO, as shown on Diagram No. 582/1926; and

(c) lot 5384 (originally the Farm Broadhurst A No. 5-KO), as shown on Diagram A619/1916, with the exclusion of lot 6416 as shown on Diagram DSL 173/78,

as will more fully appear from Plan No. 246-KO deposited with the Director of Surveys and Lands, Gaborone.

(2) The vicinity of Motopi Government Veterinary Laboratory, namely, the area bounded by a continuous line outside the line described by the perimeter fence of the Government Veterinary Laboratory at Motopi, every point on which continuous line is 7 km from the nearest point on the line described by that perimeter fence, less so much of the area so bounded as lies south of the Boteti River.

(3) Areas of zones 16 and 17 as defined in Plan BP-223 deposited in the office of the Director of Surveys and Lands, Gaborone.

(4) Any area declared as a game reserve under the Wildlife Conservation and National Parks Act (Cap. 38:01).

DISEASES OF STOCK REGULATIONS

(under section 19)

(9th April, 1926)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Diseases

4. Importation and transport of stock

5. Permit for importation

6. Inoculation

7. Detention pending examination

8. Duty of owner for feeding, etc.

9. Expenses of confined animals

10. Branding

11. Removal of stock

12. Slaughter

13. General regulations

14. Stock-free zones

15. Inspection

16. Infecting stock

17. Possession of infected stock

18. Order for movement of stock

19. Cleansing of markets

20. Disinfection

21. Testing dipping tanks

22. Order for inoculation

23. Post-mortem

24. Destruction of stock

25. Reports

26. Suspected outbreaks

27. Investigation of reports

28. Isolation

29. Removal from places of isolation

30. Requirements from owners

31. Instruction to owners

32. Duties of owners

33. Removal by owners

34. Stock to be fenced

35. Retaining carcasses of infected stock

36. Seizure of stock

37. Keeping of stock

38. Branding in infected areas or places of isolation

39. Seizure of stock outside infected areas

40. Slaughter or death of stock in infected areas

41. Importation without permit

42. Notices on public roads

43. Driving stock on public roads

44. Stock from clean farms

45. Stray stock

46. No diseased stock to be impounded

47. Disposal of hooves, etc., of diseased stock

48. Disposal of hooves, etc., of stray stock

49. Exhumation

50. Branding of cattle

51. Assisting in branding

52. List of branded animals

53. Fences

54. Destruction of fences

55. Damaging fences

56. Leaving gates open

57. Cattle removal permits

58. Removal of vegetable or animal products

59. Prevention of straying

60. Order for isolation of stock removed without permit

61. Restriction on movement

62. Grazing and watering

63. Removal without permit

64. Dipping

65. Non-application of Regulations

66. Decision of Director

67. False information

68. Wrongful issue of permits

69. Contents of permits

70. Failure to comply with permits

71. Recovery of expenses

72. Hindering or obstructing officials

73. Penalties

74. Second or subsequent offences

75. Anthrax

76. Breeding diseases

77. Theileriosis or gonderiosis

78. Epizootic lymphangitis and ulcerative lymphangitis

79. Foot-and-mouth disease

80. Glanders or farcy

81. Mange in equines

82. Pleuropneumonia, contagious (or lung-sickness)

83. Rabies

83A. Peste des Petit Ruminants

84. Destruction of dogs and cats in a diseased area

85. Control of dogs and cats

86. Movement into and out of diseased area

87. Keeping of unvaccinated dogs and cats

88. Revaccination

89. Offences

90. Rinderpest-cattle plague

91. Scab in sheep

92. Compensation

93. Charges for dipping

94. Cleansing of railway trucks

95. Isolation by chiefs, etc.

96. Erection of dipping tanks

97. Application of Regulations regarding scab

98. Swine fever and swine erysipelas

99. Trypanozoonosis

100. Tuberculosis

101. Dourine

102. Export without permit prohibited

103. Bringing cattle or small stock for inspection

Schedule

HCN 28, 1926,
HCN 40, 1926,
HCN 80, 1926,
HCN 157, 1926,
HCN 128, 1928,
HCN 138, 1928,
HCN 53, 1931,
HCN 76, 1931,
HCN 106, 1931,
HCN 42, 1932,
HCN 67, 1932,
HCN 25, 1933,
HCN 105, 1933,
HCN 146, 1933,
HCN 18, 1937,
HCN 63, 1937,
HCN 48, 1938,
HCN 156, 1938,
HCN 108, 1939,
HCN 230, 1939,
HCN 208, 1940,
HCN 15, 1942,
HCN 341, 1942,
HCN 96, 1945,
HCN 198, 1948,
HCN 199, 1948,
HCN 39, 1949,
HCN 92, 1949,
HCN 37, 1950,
HCN 46, 1950,
HCN 196, 1950,
HCN 40, 1952,
HCN 179, 1952,
HCN 214, 1952,
HCN 88, 1957,
HCN 98, 1960,
HCN 42, 1961,
S.I. 2, 1969,
S.I. 34, 1969,
S.I. 65, 1970,
S.I. 79, 1976,
S.I. 123, 1977,
S.I. 69, 1982,
S.I. 100, 1998,
S.I. 66, 2001,
S.I. 46, 2017.

1. Citation

These Regulations may be cited as the Diseases of Stock Regulations.

2. Interpretation

In these Regulations—

“cattle” means bulls, oxen, cows, heifers and calves;

“contagious disease” or “infectious disease” means a disease specified in and for the purposes of these Regulations;

“dip fluid” means an effective scab-destroying liquid of sufficient strength to ensure the destruction of the scab mite;

“dipping” means the immersion in dip fluid for a period of not less than two minutes of the bodies of the animals to be treated, and the submersion of the heads of such animals in dip fluid at least twice during such operation;

“Government veterinary officer” means an officer for the time being holding the appointment of Government veterinary officer;

“infected area” or “suspected area” means any area of land in Botswana which the President may by regulations declare to be an infected or suspected area as the case may be;

“infected sheep” means—

(a) any sheep infected with scab;

(b) any sheep forming part of a flock in which there are sheep so infected;

(c) any sheep which have been in contact with any infected sheep or have intermixed with any flock of scab-infected sheep within six weeks;

(d) any sheep which have or which have had within six weeks the same grazing ground in common with scab-infected sheep;

(e) any sheep which have been kept or confined in any kraal, sleeping place, or other premises in which infected sheep have been kept and which has not subsequently been declared by an inspector to be free from infection;

“official” means any District Officer, the Director, any Government veterinary officer, cattle export inspector, stock inspector, or scab inspector, or any person appointed or seconded from any other service to act in any such capacity, or any other member of the Veterinary Department authorised thereto by the Director, and also any member of the Botswana Police Force appointed by the President to carry out the provisions of these Regulations;

“place” means any land or premises owned or occupied or used by any person or body of persons, whether corporate or unincorporated, and also means any portion of land or any building specially specified by an official under these Regulations and any dipping tank;

“place of isolation” means any place specified by an official under these Regulations for the grazing, stabling, isolation, concentration, or confining of stock;

“port of entry” means a place declared under and for the purposes of these Regulations to be a port of entry for stock;

“public road” means any public road or road of necessity in Botswana established under and by virtue of the Public Roads Act (Cap. 69:04);

“scab” means the disease caused, in the case of sheep, by the parasites known as the Sarcoptes scabii, variety ovis; Psoroptes communis, variety ovis; and in the case of goats by the parasites known as the Sarcoptes scabii, variety capri; Psoroptes communis, variety capri; and Symbiotes communis, variety capri;

“sheep” includes goats;

“small stock” means sheep, goats, pigs and dogs;

“special quarantine area” means any area of land defined as such under and for the purposes of these Regulations;

“stock” means cattle, sheep, camels, goats, horses, mules, asses, pigs and slaughtered carcass or portion of the slaughtered carcass of such animals, all domesticated birds or poultry or any portions thereof, and for the purposes of regulations 57 to 74 shall include all canines, felines, other carnivora and monkeys; and shall include any other animal which has been prescribed to be stock under the Act to be stock for the purposes of these Regulations;

“stock inspector” or “scab inspector” means any person appointed as a stock inspector or scab inspector in Botswana;

3. Diseases

The following diseases are hereby specified for the purposes of these Regulations and shall be dealt with as hereinafter directed—

(a) anthrax;

(b) bacillary necrosis;

(d) dourine;

(e) theileriosis or gonderiosis;

(f) epizootic lymphangitis;

(g) foot-and-mouth disease;

(h) glanders and farcy;

(i) mange in equines;

(j) pleuropneumonia, contagious (or lung-sickness);

(k) quarter evil;

(l) rabies;

(m) rinderpest;

(n) scab in sheep;

(o) sheep-pox;

(p) swine erysipelas;

(q) swine fever;

(r) trypanozoonosis;

(s) tuberculosis;

(t) ulcerative lymphangitis;

(u) lumpy skin disease;

(v) Johne’s disease;

(w) mange in the bovine, goat and pig;

(x) Newcastle disease;

(y) Psittacosis;

(z) bovine spongiform encephalopathy;

(aa) transmissible spongiform encephalopathies;

(bb) avian influenza,

(cc) peste des petit ruminants (PPR),

and any other disease to which stock are liable, and which may be prescribed under the Act to be a disease for the purposes of these Regulations.

4. Importation and transport of stock

On and after the commencement of these Regulations, no stock shall be imported into Botswana except as provided in these Regulations.

5. Permit for importation

(1) Anyone desirous of importing stock into Botswana shall first make an application to the Director or through any other official to the Director for a permit stating—

(a) the number and kind of stock which it is desired to introduce, and their breed and sex, stating in the case of cattle whether they have been or are to be kept for dairying or beef purposes, or both;

(b) the country and the particular district and farm, from which they come;

(c) the route by which they will travel and if required shall produce a certificate from a Government veterinary surgeon, or some duly authorised officer, stating that the stock is free from diseases, and have not come from an infected area.

(2) On receipt of these particulars, the Director may grant a permit for the importation of the stock, provided such importation is not prohibited by any special regulation, or considered by him, after reference to the Minister, likely to be detrimental to the interests of the livestock industry for any other reason, and subject to such conditions as he may consider desirable to impose in order to protect Botswana against the introduction and spread of any disease.

(3) In addition to any conditions which may be imposed by any official under subregulation (1)(c) a permit will be issued for the introduction of pigs into Botswana in terms of that regulation only upon production of a certificate issued by a veterinary surgeon duly authorised thereto by the Government of the country of origin of the pigs certifying that they—

(a) have not been vaccinated against swine fever (Hog cholera) by the serum-virus method;

(b) were subjected to and successfully passed the tuberculin test for both bovine and avian tuberculosis;

(c) were kept in isolation at the port of embarkation or other place approved by the Government of the country of origin for the period of 14 days immediately preceding the date of shipment to Botswana and that during that period they were found on examination to be free from ascaris infection and external parasites;

(d) were examined by him immediately prior to shipment and found to be healthy and free from foot-and-mouth disease, swine fever, swine erysipelas, swine influenza, swine plague, Aujeszky’s disease, rabies, anthrax and all other diseases to which swine are susceptible or which they are capable of conveying; and that to the best of his knowledge and belief they emanate from a country, district or other administrative area which is free from all such diseases, and has been so free for a period of at least six months.

(4) This regulation shall not apply in respect of the introduction of pigs from the Republic of South Africa, Namibia, Lesotho, Swaziland and Zimbabwe.

6. Inoculation

(1) It shall be lawful for the Director to order that any stock entering Botswana shall be detained and inoculated against any disease or be tested for any such disease or be dipped or disinfected in such manner as he may direct.

(2) Any expenses incurred by the Director in connection with the detention, examination, inoculation, testing, dipping or disinfection of such stock shall be borne by the person bringing or importing the stock into Botswana.

7. Detention pending examination

All stock, except dogs and other carnivora or monkeys coming from countries in which rabies does not exist, imported on or after the commencement of these Regulations, may be detained at the border until they have been examined by an official appointed for the purpose, and shall only be allowed to proceed when such official is satisfied that they are free from disease.

8. Duty of owner for feeding, etc.

In the case of stock which it has been found necessary to detain for examination, it shall be the duty of the owner to make the necessary arrangements for feeding, watering, and herding the same, and if he fails to make such arrangements, such stock shall remain, at the risk of the owner, at the place where they are detained, and if they are fed, watered, or herded by order of the Director, all costs shall be recoverable from the owner.

9. Expenses of confined animals

If the Director deems it advisable to confine detained stock in kraals or stables, the expense of feeding and all extra expenses connected with attendance shall be borne by the owner of the detained stock.

10. Branding

Slaughter stock entering Botswana may be branded with a special brand at the discretion of the Director.

11. Removal of stock

(1) In the case of any stock entering Botswana being found or suspected of suffering from a disease, or being suspected to have been in contact with stock suffering or suspected to be suffering from a disease, the Director may order the owner to remove the stock over the border, or in the alternative to retain them in Botswana under such conditions as he may prescribe in the order.

(2) If for any reason it is impossible to have any infected or suspected stock returned over the border, the Minister or any officer specifically authorised thereto by him may direct that the stock shall be slaughtered or dealt with in any manner he may prescribe.

12. Slaughter

Any stock which has come into Botswana, whether such stock is driven or is allowed to stray into Botswana, except in the manner provided by these Regulations, may be slaughtered by order of the Minister or any officer specifically authorised thereto by him or dealt with in whatever manner the Minister or any such officer may prescribe, and the person who imports or causes such stock to be imported, or allow such stock to stray into Botswana, or the person in charge of the same, shall be guilty of an offence against these Regulations.

13. General regulations

(1) No stock shall be moved from any one place to any other place in Botswana until sufficient efficient herds are provided by the owner to keep such stock under proper control and to prevent any such stock from straying.

(2) Any owner of stock who fails to comply with this regulation shall be guilty of an offence.

14. Stock-free zones

(1) No owner of stock or any person shall introduce or move or cause or allow to be introduced or moved any stock into or within any area declared under section 8 of the Act to be a stock-free zone without the written permission of the Director or his representative.

(2) Any person who introduces or moves stock in contravention of this regulation or whose stock is found to have come into such area without such permission shall be guilty of an offence and shall be liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding 12 months.

15. Inspection

Any official shall have the power at any time to inspect any stock wherever such stock may be kept, driven or depastured, or may enter upon any place whatsoever for the purpose of ascertaining whether any stock is suffering from a disease, or for the purpose of ascertaining whether the regulations in respect to the cleaning and disinfection of the said place have been properly carried out, and may take with him such assistants and such animals, vehicles, instruments, appliances, drugs, or other things whatsoever as will enable him more effectively to perform such duty.

16. Infecting stock

Any person who in any suspected or infected area is found collecting or in possession of stock infected with ticks or any other living thing or any article capable of infecting stock, or removes any infected stock, with intent to infect stock therewith or to spread amongst stock any disease, shall be guilty of an offence and shall be liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding five years, or to both.

17. Possession of infected stock

(1) Any person who within Botswana is found in possession of stock infected with ticks or any other living thing or any articles capable of infecting stock with the intent mentioned in regulation 16 shall be guilty of an offence and liable upon conviction to the penalties prescribed in that regulation.

(2) The burden of disproving any such intent shall in any prosecution under this regulation 16 lie on the accused.

18. Order for movement of stock

(1) The President may for the purpose of preventing the introduction or spread of any disease order any stock to be moved to any place from any other place, or isolated in such manner and under such conditions as he may prescribe in consultation with the Director.

(2) He may also prohibit in any district or portion thereof the holding of exhibitions of stock and the sale of stock on public markets and in private saleyards.

19. Cleansing of markets

All public markets and private sale and auction yards, butchers’ shops, and slaughterhouses, and all structures and enclosures connected therewith in which stock have been confined shall be cleansed and disinfected to the satisfaction of the Director at the close of each day during which they have been used, in accordance with instructions laid down by the Director.

20. Disinfection

(1) The Director or other official authorised in writing by him, may order any stock within Botswana to be dipped, washed, sprayed, or otherwise disinfected if he considers it necessary for the prevention of the spread of disease and for that purpose or for the purpose of inspection may order any stock to be collected at a specified place and time subject to at least 48 hours’ notice in writing to that effect and the Minister may prescribe a scale of fees for such dipping, washing, spraying, or disinfecting.

(2) All such fees shall be recoverable by action in any competent court.

21. Testing dipping tanks

(1) It shall be lawful for any official to enter upon any place in Botswana for the purpose of taking fluid from any dipping tank, and to test such fluid to ascertain if it is of the correct strength for the proper dipping of stock.

(2) If the official finds on testing that the dipping fluid is not of the correct strength for the proper dipping of stock, he shall require the owner of the dipping tank to make the fluid the correct strength.

22. Order for inoculation

It shall be lawful for the Director to order any stock within Botswana to be inoculated in a manner approved by him against disease or to be tested for disease to which these Regulations apply.

23. Post-mortem

(1) Any veterinary surgeon authorised by the Minister to inspect stock for the purpose of ascertaining whether they are infected with disease shall have the right to slaughter one or more animals and to make a post-mortem examination.

(2) Compensation to the owner will be paid to the amount of the current market value (not exceeding P40 per head) of such stock which on being slaughtered and examined are found to be free from the disease which was suspected.

24. Destruction of stock

(1) It shall be lawful for the Minister to cause to be destroyed any stock—

(a) which are found to be infected with disease;

(b) which have been in contact with any stock infected with disease or have been in any infected area or place;

or to prohibit the removal from any place of any forage, grass, hay, grass rushes or any article or living thing likely to convey or spread any disease.

(2) Except as mentioned in these Regulations no compensation shall be payable in respect of any loss or damage caused by the exercise of the powers of these Regulations.

(3) The Minister may, by notice published in the Gazette, delegate any person by name, or the person for the time being holding the office designated by him, to exercise any of the powers vested in him under subregulation (1) hereof, for a period not exceeding three months at any one time subject to such conditions, exceptions and qualifications as he may prescribe; and thereupon the person so delegated shall have and exercise such powers, subject as aforesaid.

(4) Any delegation made under subregulation (3) shall be revocable by the Minister at any time by notice published in the Gazette, and no such delegation shall prevent the exercise of any power by the Minister.

25. Reports

As soon as the owner of any place or any owner of stock or any veterinary surgeon who may be called in by the owner has reason to suspect that any stock in his charge or possession or in respect of which he has been called in is suffering or has died from a disease, he shall forthwith in the speediest manner possible report the same to the nearest official and shall obtain a written acknowledgement of such notice, which shall be prima facie evidence that the notice required by this regulation has been duly given.

26. Suspected outbreaks

Any person hearing of any suspected outbreak of disease, whether the stock are in his charge or his property or not, who fails to report it in the manner laid down in regulation 25 shall be guilty of an offence.

27. Investigation of reports

Any official on receiving notice of the outbreak or suspected outbreak of a disease shall immediately communicate with the Director, and shall use all possible means to investigate the report.

28. Isolation

(1) It shall be lawful for an official to isolate in a place to be specified by him any stock amongst which an outbreak of disease has or is suspected to have occurred, or any other stock which have been or are suspected of having been in contact with infected stock.

(2) Such isolation shall not exceed a period of 30 days unless authorised by the Minister or Director, and the official isolating the stock shall within a reasonable time obtain the authority of the Director for such isolation.

(3) Any costs incurred in connection with the isolation shall be recoverable from the owner of the stock.

(4) Any owner of stock isolated under the provisions of this regulation may be ordered by any official to furnish such number of efficient herds as in the opinion of such official shall be necessary to herd and isolate such stock.

29. Removal from places of isolation

No person shall move or cause to be moved from or to a place of isolation as mentioned in regulation 28 any stock without the permission in writing of the official in charge of such place of isolation.

30. Requirements from owners

When the Director or stock inspector has ascertained that any case of disease has occurred on any farm or place, he shall acquaint the owner of the stock and the owner of the farm or place with the action they are required to take under these Regulations, and he shall also notify the District Officer of the district.

31. Instruction to owners

The District Officer shall, on receipt from the Director or stock inspector of a signed notification of the outbreak of a disease, forthwith cause all owners of farms and owners of stock in the neighbourhood to be notified of the outbreak.

32. Duties of owners

On becoming aware of the occurrence of disease, the owner of the stock shall—

(a) cause all infected stock and stock which have been exposed to infection to be kept in a place separate from all other stock liable to be infected or to carry the disease;

(b) prevent such stock from leaving such place or being kept within 100 metres of any public road or of any adjoining farm or place unless confined in a stable or kraal;

(d) to the best of his ability carry out the instructions of the Director or any official; and

(e) on the direction of the Director or stock inspector cause any stock infected with disease or suspected of being so infected or any stock which may have been in contact with such infected stock, to be moved to any other place or to be isolated or concentrated in accordance with such directions.

33. Removal by owners

Any stock in the vicinity of any place of isolation or in the vicinity of any place where an outbreak of disease has occurred shall be removed by the owner thereof to such place or places as any official may direct, and shall remain at such place or places until their removal shall be authorised by an official.

34. Stock to be fenced

It shall be the duty of every owner of any stock within any infected area or place of isolation to keep such stock within a fenced enclosure or to provide sufficient herds to prevent such stock from straying outside any area or place from which such stock may not be removed without a permit under these Regulations.

35. Retaining carcasses of infected stock

It shall be the duty of every owner of stock within any infected area or place of isolation to keep the carcass or any portion of the carcass of stock which has died of disease or is suspected of having died of disease, or which has been destroyed as suffering from disease, and all such carcasses or portions of carcasses shall be dealt with and afterwards disposed of in the manner prescribed by the Director.

36. Seizure of stock

(1) When any person is found removing or causing to be removed, or to have removed or to have caused to be removed, any stock from any infected area or place of isolation to a place outside such infected area or place of isolation or from a place outside an infected area or place of isolation to a place within such infected area or place of isolation, or from one place to another within an infected area or place of isolation without the permit for removal prescribed by any regulation for the time being in force; or when any person fails or refuses to produce the permit to remove such stock required by any regulation for the time being in force, or if such stock be found straying, the loss of which has not been previously reported to the police or the ownership of which has not been declared within 48 hours, then any official may seize and detain any such stock and take the same to a place of isolation, and shall thereupon report through the District Officer of the district all the circumstances to the Minister, who may order any stock seized and detained as aforesaid to be slaughtered or otherwise dealt with in a manner prescribed by him.

(2) If the same be slaughtered, the carcasses shall be dealt with in such manner as the Minister may determine.

37. Keeping of stock

If within the limits of any town or urban area any area or place has been declared an infected area or place of isolation under these Regulations, no stock shall be kept in any such area or place except under the following conditions—

(a) that they be kept within a stable or an enclosed piece of ground approved by the Director;

(b) that the grass or bush from the said area or place be not supplied to the stock as food or litter;

(d) that in the case of stock allowed to be kept in an enclosed piece of ground which is not a stable or yard, the said stock shall, in the event of disease breaking out amongst them, be immediately slaughtered or be conveyed under the instruction of the Director to a stable;

(e) that in the event of disease breaking out amongst stabled animals, no manure, litter, carcass, or any portion thereof shall be removed until the same has been disinfected to the satisfaction of the Director, and then under written permission of the District Officer or Director.

38. Branding in infected areas or places of isolation

(1) Whenever it is considered expedient to do so, the Minister shall cause to be branded on the near side of the neck with a brand which may be prescribed by the Minister by notice published in the Gazette any stock in an infected area or place of isolation.

(2) Stock so branded shall not be removed from any infected area or place of isolation except by authority of the Director, when the said brand shall be again placed on the neck below the brand originally employed.

39. Seizure of stock outside infected areas

(1) If any stock bearing one of the said brands only is found outside any such infected area or place of isolation, it may be seized and summarily destroyed by any person finding such stock, and such person shall bury or cause to be buried every carcass intact at the place where the stock was destroyed.

(2) The person destroying such stock shall in the speediest manner possible report all the circumstances of the case to the nearest District Officer and shall produce for his inspection those portions of the hide bearing the brand and any other brand which may be on the stock.

(3) All the particulars of the case shall be forwarded to the Director by the official to whom the report was made.

40. Slaughter or death of stock in infected areas

If any stock within any infected area or place of isolation is slaughtered or dies or is sold, the owner of the same shall report the occurrence to the nearest official, by whom the Director shall be advised.

41. Importation without permit

Any person who imports into Botswana from any other country any vehicle (other than railway or motor vehicle) or wagon gear or cart gear or harness, also hay, grass, or any horns or skins taken from animal, without a permit signed by the Minister or some person appointed by him to sign such permits, or by the Director, shall be guilty of an offence.

42. Notices on public roads

When any farm or place which adjoins a public road has been declared an infected area, the District Officer of the district shall cause placards stating the disease on account of which the farm or place has been declared infected to be placed in a manner visible from the public road on the said farm or place at the two points where the road enters and leaves it.

43. Driving stock on public roads

No person shall drive or conduct, or permit or cause to be driven or conducted, any stock along any portion of a public road which has been declared infected with disease to which that stock is liable, unless an official notice has been published to the effect that they may do so.

44. Stock from clean farms

If stock from a clean farm or place or public road stray onto an infected area or place of isolation, such stock may be considered as suspected and may be isolated in terms of these Regulations.

45. Stray stock

When any stray stock are found in an infected area or place of isolation—

(a) they shall be confined and isolated as near as possible to the place where they have been found by the owner of the land or by any official, who shall immediately report the finding of such stock to the Director or District Officer of the district, and shall act in accordance with the official instructions conveyed to him;

(b) if the services of a veterinary surgeon are not immediately available, the stock shall be regarded as suspected of being infected with a disease and may be slaughtered or otherwise dealt with as the Minister may direct;

(c) stock which have been in contact with the said stray stock may be isolated in terms of these Regulations, and the owner of the stray stock shall be liable for all expenses.

46. No diseased stock to be impounded

No person shall confine in a pound or in any public enclosure any stock which is suffering from, or suspected to be suffering from, a disease, but such stock may be taken to a pound, if a permit has been granted for their removal by the authority of the District Officer of the district or the Director and if special provision has been made at such pound for their reception and isolation from healthy stock.

47. Disposal of hooves, etc., of diseased stock

The hooves, heads, horns, hides, offal, and carcasses, or any portion thereof, of all stock dying of a disease or slaughtered in accordance with the provisions of these Regulations shall be disposed of in accordance with the direction of the Director or District Officer of the district and shall not be removed without his written permission.

48. Disposal of hooves etc., of stray stock

(1) The hooves, heads, horns, hides, offal and carcasses of stray stock shall be disposed of in accordance with the instructions of the Director or District Officer of the district.

(2) The owner of the stock shall be liable in respect of all reasonable expenses incurred, which shall be recoverable from him.

49. Exhumation

No person shall move or cause to be moved or exhume or cause to be exhumed the hooves, heads, horns, hides, offal, or any part of the carcass of any stock that may have been buried by order of any official or by the owner of any such stock, whether the stock have died or been destroyed on account of a disease or otherwise.

50. Branding of cattle

The Minister may cause any cattle or sheep in Botswana to be branded with a distinctive brand in such manner as he shall direct, and may cause any cattle or sheep which have been branded to be branded with a new or altered brand.

51. Assisting in branding

(1) The owners and persons in charge of cattle or sheep shall, when called upon by the official appointed by the Minister to brand cattle or sheep, assist in the branding of their cattle or sheep.

(2) Any such person refusing such assistance when so called upon shall be guilty of an offence.

52. List of branded animals

(1) After the branding of cattle or sheep at any place, the official by whom or under whose supervision such branding has been carried out shall hand to the owner of such cattle or sheep a list showing the number and description of the cattle or sheep branded at that place.

(2) Any person to whom such list has been so handed shall produce the same at any time on the request of any official.

(3) Any such person who on such request fails to produce such list shall be guilty of an offence.

(4) If any official at any time finds that the cattle or sheep in the custody of the person to whom such list has been handed do not correspond with the cattle or sheep shown on such list, he shall require such person to account for the discrepancy, and if such person fails to account for the discrepancy to the satisfaction of such official, the official shall give him notice in writing requiring him to appear before the District Officer of the district to account for such discrepancy, and if such person fails to appear as required by such notice or fails to account for such discrepancy to the satisfaction of the District Officer of the district, he shall be guilty of an offence and, in addition, any cattle or sheep found in his custody not included in such list for which he has failed to account to the satisfaction of the said District Officer may be confiscated.

53. Fences

(1) The Minister may at any time cause fences to be erected on any land in Botswana for the purpose of preventing the spread of any disease.

(2) Any such fence erected for the purposes of these Regulations shall remain the property of the State and may at any time be removed.

(3) No fence erected under these Regulations shall be so constructed as to encroach upon any homestead, garden, or village.

54. Destruction of fences

Any person who wilfully damages or removes any fence or portion thereof erected under these Regulations, or any gate or other appliance forming part or serving the purpose thereof, shall be guilty of an offence.

55. Damaging fences

(1) Any person who accidentally damages any fence or gate or other appliance forming part or serving the purpose thereof shall to the best of his ability repair such damage, and shall in the speediest manner possible report such damage to the nearest official or to the owner of the land on which such fence or gate is erected.

(2) Any person failing to comply with this regulation shall be guilty of an offence.

56. Leaving gates open

Any person who—

(a) opens and leaves open or unfastened; or

(b) finding open, neglects on passing through to shut and fasten a gate in any fence, whether erected under these Regulations or otherwise,

shall be guilty of an offence and be liable in the case of a first offence to a fine not exceeding P10, and in default of payment to imprisonment for a term not exceeding 14 days, and in the case of a second or subsequent offence to a fine not exceeding P20 and in default of payment to imprisonment for a term not exceeding one month.

57. Cattle removal permits

(1) No person shall move or cause or allow to be removed any stock from any of the areas defined in the Schedule except under a permit granted by an official of the Veterinary Department or such other person as may be authorised by the Director to issue such permits, and such official or person may impose such conditions as he may consider necessary:

Provided that in respect of any area or areas or part thereof, and in respect of any stock or class of stock, the Director may in his discretion and in such manner and on such conditions as he may deem fit declare that a permit as aforesaid shall be unnecessary or he may otherwise grant exemption to any person or persons.

(2) No person shall move, or cause, or allow to be moved any stock or class of stock within any area or areas or part thereof after the Minister has, by order published in the Gazette, prohibited the movement of such stock or class of stock within the area or areas or part thereof as defined in the order, except under permit which may be issued in respect of each removal by a person authorised by the Director to issue such permits.

58. Removal of vegetable or animal products

No person shall remove or cause or allow to be removed from one place to another within Botswana any vegetable or animal products notified as likely to convey or spread any disease except by permission or under permit to be obtained in every case from a member of the Veterinary Department or from such other person as may be authorised by the Director to give such permission or to issue such permits, and such member or person may impose such restrictions or conditions as he may consider necessary.

59. Prevention of straying

It shall be the duty of every owner of stock in Botswana to keep such stock within a fenced enclosure or to provide sufficient efficient herds to prevent such stock from straying outside any place from which such stock may not be removed without a permit to do so under these Regulations.

60. Order for isolation of stock removed without permit

(1) Any District Officer or stock inspector may order the isolation at the owner’s expense for a period of eight weeks or such longer period as the Director or Government veterinary officer may in writing determine of any stock removed without the permit required by these Regulations from any place to any other place.

(2) Any person in charge of such stock who fails to comply with such order, and any person who hinders or interferes with the carrying out of any such order, shall be guilty of an offence.

61. Restriction on movement

It shall be lawful for the Minister from time to time by order published in such manner as he shall think fit to declare that the removal of stock within certain areas, or between certain places during certain periods may be effected without the permit provided for in these Regulations, and by a further order published in like manner cancel or amend any such order.

62. Grazing and watering

No stock shall be deemed to be removed within the meaning of these Regulations merely by reason that such stock are found moving from place to place within the limits of any land to the occupation whereof or to the use whereof for the purpose of grazing stock or allowing them to drink water to which the owner of such stock is entitled.

63. Removal without permit

Any person removing, causing to be removed, or allowing to be removed any stock without first obtaining the permit to do so as laid down in these Regulations, or contravening any condition or restriction of a permit, shall be guilty of an offence, and the stock or vegetable or animal products so removed without the proper permit first being obtained, or moved in contravention of any condition or restriction of a permit, may be confiscated:

Provided, however, that the record of every case in which the sentence includes confiscation of stock or vegetable or animal products under this regulation shall be subject to review as provided in the Magistrates’ Courts Act (Cap. 04:04).

64. Dipping

Nothing in the preceding regulations relating to permits for the removal of stock shall apply to stock travelling to and from a dipping tank at which the owners have been ordered to dip their stock.

65. Non-application of Regulations

Nothing in these Regulations shall apply to duly authorised persons who are conducting investigations with regard to contagious diseases.

66. Decision of Director

For the carrying out of these Regulations, the decision of the Director upon all veterinary matters shall be final.

67. False information

Any person giving false information with intent to deceive or mislead any official as to any matter dealt with in these Regulations, or refusing to give any information in his possession, shall be guilty of an offence.

68. Wrongful issue of permits

It shall be an offence for any person, other than the persons mentioned in these Regulations, to issue any of the permits mentioned therein.

69. Contents of permits

(1) Any permit for the removal of stock issued by an official under these Regulations shall state the number and class of stock to be moved and the route to be followed.

(2) The person in whose name the permit is made out shall be entirely responsible for all the conditions and restrictions of such permit being carried out.

(3) Such permit may be withdrawn at any time.

70. Failure to comply with permits

Any person failing to comply with any of the conditions or restrictions of any permit issued under these Regulations shall be guilty of an offence.

71. Recovery of expenses

Where under these Regulations the owner of stock is required to bear any expenses incurred in respect of such stock, the amount thereof, if not duly paid, may be recovered from the owner by action in any competent court at the suit of the Director.

72. Hindering or obstructing officials

Any person hindering or obstructing the Minister or any official or any person in the discharge of his powers or duties, or failing or refusing to comply with any lawful order given under these Regulations, shall be guilty of an offence.

73. Penalties

Any person contravening or failing to comply with or being guilty of an offence against any of these Regulations for which no penalty is specially provided shall be liable to a fine not exceeding P100.

74. Second or subsequent offences

Any person convicted of a second or subsequent offence under these Regulations, whether or not a penalty is specially provided for the contravention, may be sentenced to imprisonment without the option of a fine, for a term not exceeding six months.

75. Anthrax

The following additional provisions shall apply in the case of anthrax—

(a) no person shall be allowed access to animals suffering from anthrax other than those necessary for their proper care;

(b) when an animal has died or is suspected of having died of anthrax, the carcass shall be properly burned, and where burning is impossible, the carcass shall be buried intact;

(c) notwithstanding anything contained in paragraph (b) the Director or official authorised by him shall have the power to dissect the carcass of, or to remove portions of, any animal which has died of anthrax should he consider this action necessary;

(d) any person who has been in contact with the excreta, discharges, or any portions of an animal which has died, or is suspected of having died, of anthrax shall use all reasonable means of disinfecting his person and apparel;

(e) no person, other than the Director or official authorised by him, shall knowingly withdraw blood for any purpose whatsoever from an animal suffering from, or suspected to be suffering from, anthrax;

(f) all excreta, litter, and discharges whatsoever from an animal suffering from anthrax shall be buried or burned, and the place where such excretions or discharges have lain shall be properly disinfected;

(g) all in-contact animals shall be inoculated with a reliable vaccine and quarantined for 14 days following the inoculation, or such longer period as the Director may in writing determine.

76. Breeding diseases

The following additional provisions will apply in the case of breeding diseases—

(a) in the case of an outbreak of breeding disease occurring amongst stock, all animals infected or suspected of being infected shall be isolated and dealt with in a manner prescribed by the Director;

(b) all stock which may have been in contact with an animal infected with a breeding disease shall be dealt with in a manner prescribed by the Director;

(c) no person shall sell or otherwise dispose of stock which are infected or believed to be infected with a breeding disease unless the purchaser has received written notification of the stock’s condition at the time of sale and the seller has obtained written permission from the Director to sell the stock;

(d) all heifer calves and heifers between the ages of six months and 18 months shall be vaccinated by or under the direction of the Director of Veterinary Services and, having been so vaccinated, shall be identified by way of a punch hole in the right ear.

77. Theileriosis or gonderiosis

The following additional provisions shall apply in the case of theileriosis or gonderiosis—

(a) no cattle shall be moved into or out of an area declared infected or suspected of being infected on account of theileriosis or gonderiosis, or from one place to another within such infected or suspected area, except by written permission of the Director, and under conditions prescribed by him;

(b) the Director may impose whatever restrictions he may think advisable on the movement of all cattle inside the infected or suspected area;

(c) no grass, hay, moss, or other vegetable matter grown on an infected or suspected area, or manure from an infected or suspected area, shall be transported out of that area or from one place to another within such infected or suspected area, except by permission of the Director;

(d) no person shall remove the hooves, heads, or hides of cattle from an infected or suspected area or place, or from one place to another within an infected or suspected area or place, unless the same have been disinfected to the satisfaction of the Director;

(e) it shall be lawful for the Minister to cause to be destroyed any cattle—

(i) which are found to be infected with theileriosis or gonderiosis; or

(ii) which have been in contact with any cattle infected with such disease or have been in any area or place infected or suspected of being infected with such disease;

(f) it shall be lawful for the Minister, any District Officer, the Director or Government veterinary officer, or any stock inspector to cause to be destroyed any calves born in any area infected or suspected of being infected with theileriosis or gonderiosis;

(g) compensation may be paid by the Minister to the owner of any cattle destroyed under this regulation.

78. Epizootic lymphangitis and ulcerative lymphangitis

The following additional provisions shall apply in the case of epizootic lymphangitis and ulcerative lymphangitis—

(a) the owner or person in charge of an animal affected with epizootic or ulcerative lymphangitis shall carry out any course of treatment prescribed by the Director, and the infected animal shall be kept isolated during the treatment;

(b) if in the opinion of the Director the affected animal is incurable, he may order the said animal to be slaughtered;

(c) no horse, ass, or mule shall be allowed to enter a stall which is occupied by an animal suffering from epizootic or ulcerative lymphangitis, and no horse, ass, or mule shall be allowed to enter a stall which has been occupied by an animal suffering from epizootic or ulcerative lymphangitis until that stall has been properly disinfected;

(d) no owner of, or person in charge of, a horse, ass, or mule suffering from epizootic or ulcerative lymphangitis shall take such animal or allow such animal to be taken into any stable or place used for equines other than his own;

(e) no litter or harness and no stable articles whatsoever which have been directly or indirectly in contact with any animal suffering from epizootic or ulcerative lymphangitis shall be used in connection with any other equine animal until the said articles have been properly disinfected.

79. Foot-and-mouth disease

The following additional provisions shall apply in the case of foot-and-mouth disease—

(a) no animals shall be moved into or out of an area declared infected on account of foot-and-mouth disease unless the person in charge has written permission to do so from the Director;

(b) no person shall be allowed access to the animals affected or suspected of being affected with foot-and-mouth disease other than persons necessary for their proper care;

(c) no person who has been in contact with the animals affected with or suspected of being affected with foot-and-mouth disease shall approach other stock or shall leave the place until his hands and boots and, if boots were not worn, his feet have been thoroughly disinfected;

(d) no animals, other than horses, asses or mules, which have been in contact with any part of an animal which has died of foot-and-mouth disease, or with the excretions of animals affected or suspected of being affected with foot-and-mouth disease, shall be removed from the farm or place except with permission from the Director and under conditions imposed by him;

(e) horses, asses, and mules shall not be allowed to leave any farm or place in which foot-and-mouth disease is known or suspected to exist, or in which foot-and-mouth disease is known or suspected to have existed within the previous 15 days, unless all reasonable precautions have been taken to disinfect them;

(f) animals suffering from foot-and-mouth disease may be slaughtered by order of the Minister;

(g) all sheep, cattle, and pigs which have been in contact with animals suffering from foot-and-mouth disease, and all cattle, sheep, and pigs which are suspected of having been in contact with animals suffering from foot-and-mouth disease, shall be isolated for such time and in such a manner as the Director may prescribe, or they may be slaughtered by order of the Minister.

80. Glanders or farcy

The following additional provisions shall apply in the case of glanders or farcy—

(a) any horse, ass, or mule which is suspected of suffering from glanders or farcy, or which is suspected to have been in contact with an animal suffering from or suspected to be suffering from glanders or farcy, may be tested with mallein by order of the Director;

(b) any horse, ass, or mule certified by the Director to be suffering from glanders or farcy shall be slaughtered by his order, and for the proper carrying out of this measure he shall have power to call in the assistance of the police, who shall, on written instructions from him, carry out the destruction of the infected animal;

(c) no horse, ass, or mule shall be allowed to enter a stable or building, or to occupy a stable or building, which is occupied by an animal showing clinical symptoms of glanders or farcy, and no horse, ass or mule shall be allowed to enter a stable or building, or to occupy a stable or building, which is occupied by an animal which reacts to mallein, until the affected or reacting animal has been removed and the said stable or building has been disinfected to the satisfaction of the Director or his representative;

(d) any horse, ass, or mule which has reacted to mallein may be slaughtered, or shall be isolated in such a place and in such a manner and for such a time as the Director shall prescribe;

(e) compensation may be paid for visibly healthy equines which, when the mallein test is applied to them by the Director, react to such test, and are afterwards destroyed by order of the Director in consequence of their having reacted:

Provided that—

(i) such reacting equines were tested and found to react for the first time subsequent to the date of publication of these Regulations;

(ii) such reacting animals are not found amongst newly imported equines when these animals are tested by an authorised official at the border of Botswana or on arrival at their destination;

(iii) no compensation will be paid on a greater scale than two-thirds of the value of the animal destroyed, and in no case shall a greater sum than P40 be paid for any animal destroyed as aforesaid, and the value of any animal destroyed will be determined by the Director;

(iv) compensation will not be paid for any animals showing any clinical indication of glanders or farcy which are ordered to be destroyed by the Director;

(f) all litter, harness, and stable articles whatsoever which have been used in connection with any horse, ass, or mule clinically affected with glanders or farcy, or any horse, ass, or mule which has reacted to mallein, shall be destroyed or shall be disinfected to the satisfaction of the Director.

81. Mange in equines

The following additional provisions shall apply to mange in equines—

(a) the owner or person in charge of a horse, ass, or mule affected with mange shall carry out any course of treatment prescribed by the Director;

(b) if in the opinion of the Director the affected animal is incurable, the said animal may be slaughtered by order of the Minister;

(c) no horse, ass, or mule shall be allowed to enter a stall which is occupied by an animal suffering from mange, and no horse, ass, or mule shall be allowed to enter a stall which has been occupied by an animal suffering from mange until that stall has been properly disinfected;

(d) no owner or a person in charge of a horse, ass, or mule suffering from mange shall take the said animal or allow the said animal to be taken into any stable or place used for equines other than his own.

82. Pleuro-pneumonia, contagious (or lung-sickness)

The following additional provisions shall apply in the case of lung-sickness—

(a) it shall be lawful for the Director, Government veterinary officer, or any stock inspector to destroy or cause to be destroyed any animal found suffering from the disease of lung-sickness or which he has reasonable grounds for suspecting to be suffering from lung-sickness;

(b) compensation shall be paid to the owner of any animal so destroyed to the amount of one-third of the market value of the animal before infection; such compensation shall be assessed by the Director, Government veterinary officer, or stock inspector by whom or by whose orders such animal was destroyed, and shall in no case exceed P8;

(c) any person who is the owner of animals susceptible to the disease of lung-sickness which have been in contact with an animal infected with lung-sickness shall inoculate or cause to be inoculated all such animals at his own expense, and shall isolate them for a period of eight weeks or such longer period as the Director, Government veterinary officer, or stock inspector may by notice in writing determine, and any person who fails to comply with the provisions of this regulation shall be guilty of an offence and liable to a fine not exceeding P100;

(d) it shall be lawful for the Director, Government veterinary officer, or stock inspector, or any other competent person authorised by the Minister to inoculate or cause to be inoculated at the expense of the owner any animal susceptible to the disease of lung-sickness which has been in contact with any animal infected with lung-sickness, and to isolate, or cause to be isolated, such animals for a period of eight weeks or such longer period as the Director, Government veterinary officer, or any stock inspector may by notice in writing determine;

(e) any person hindering or obstructing the Director, Government veterinary officer, or any stock inspector or any other person authorised by the Minister while engaged in carrying out the provisions of these Regulations shall be guilty of an offence and liable to a fine not exceeding P100;

(f) no compensation whatever shall be paid to the owner of animals so destroyed who has failed to report immediately that his stock had become or was suspected of being infected with the disease of lung-sickness, but in the case of any animal being destroyed as being suspected to be suffering from the disease of lung-sickness which is found on post-mortem examination not to have been suffering from the said disease, the amount of compensation to be paid to the owner shall be two-thirds of the market value of the animal at the time of its destruction, such amount not to exceed P16.

83. Rabies

The following additional provisions shall apply in the case of rabies—

(a) the introduction into Botswana of any dog or any other species of carnivora or monkey from any country in which rabies is or is declared under the Act to be prevalent is hereby prohibited;

(b) any dog or any other species of carnivora or monkey so introduced will be summarily destroyed;

(c) any person introducing a dog or any other species of carnivora or monkey into Botswana in contravention of this regulation shall be guilty of an offence;

(d) the Director, any veterinary officer, livestock officer or stock inspector may order that any dog or other species of carnivora or monkey within Botswana shall be isolated, muzzled, or destroyed.

83A. Peste des Petit Ruminants

The following additional provisions shall apply in the case of peste des petit ruminants (PPR) disease—

(a) no animals shall be moved into or out of an area declared infected unless the person in charge has written permission to do so from the Director;

(b) no person shall be allowed access to the animals affected or suspected of being affected with the peste des petit ruminants (PPR) disease other than persons necessary for their proper care;

(c) no person who has been in contact with the animals affected with or suspected of being affected with the peste des petit ruminants (PPR) disease shall approach other stock or shall leave the place until his hands and boots and, if boots were not worn, his feet have been thoroughly disinfected;

(d) animals shall not be allowed to leave any farm or place in which the peste des petit ruminants (PPR) disease is known or suspected to exist, or in which the disease is known or suspected to have existed within the previous 15 days, unless all reasonable precautions have been taken to disinfect them;

(e) animals suffering from the peste des petit ruminants (PPR) disease may be slaughtered by order of the Minister;

(f) animals which have been in contact with animals suffering from the peste des petit ruminants (PPR) disease, and all cattle, sheep, and pigs which are suspected of having been in contact with animals suffering from the peste des petit ruminants (PPR) disease, shall be isolated for such time and in such a manner as the Director may prescribe, or they may be slaughtered by order of the Minister.

84. Destruction of dogs and cats in a diseased area

(1) The Director and anyone acting with his authority may in an area declared to be an infected area under section 4 of the Act destroy—

(a) any dog or cat suspected of being infected with rabies;

(b) any uncontrolled dog or cat; or

(c) any dog or cat over the age of four months which three months after the order declaring the area to be a diseased area has been made has not been vaccinated within the previous 12 months or such lesser period as the Minister may prescribe.

(2) For the purposes of this regulation a dog or cat shall be deemed to be uncontrolled which is not secured on a leash or which is not confined to private premises.

85. Control of dogs and cats

No person shall in any infected area allow any dog or cat to be in any public place unless such dog or cat is on a leash.

86. Movement into and out of diseased area

No person shall move any dog or cat into or out of an infected area except in accordance with the terms and conditions of a permit issued by the Director or any one authorised by him in writing to issue permits.

87. Keeping of unvaccinated dogs and cats

(1) No person shall in any infected area keep any dog or cat over the age of four months unless such animal has been vaccinated against rabies within the previous 12 months or such lesser period as the Minister may, by order made under regulation 88, prescribe.

(2) Any dog in a diseased area which has been vaccinated after an order has been made under section 4 of the Act shall be identified as having been vaccinated by such method as the Minister may approve.

(3) Notwithstanding anything contained in subregulation (1) a person shall not be guilty of failing to comply with this regulation if he satisfies the court that it was not reasonably practicable for him to have had such dog or cat vaccinated.

88. Revaccination

Notwithstanding anything contained elsewhere in these Regulations the Minister may, if he considers it necessary to prevent the spread of rabies, by order published in the Gazette, direct that any dog or cat in any infected area shall be revaccinated within such period after it has been last vaccinated as he may specify.

89. Offences

Any person who fails to comply with the provisions of regulation 36, 86, or 87 shall be guilty of an offence and shall be liable to a fine not exceeding P50 or to imprisonment for a term not exceeding three months.

90. Rinderpest-cattle plague

The following additional provisions shall apply in the case of rinderpest—

(a) no cattle shall be moved to, within, or out of an area declared infected on account of rinderpest unless the person in charge has written permission from the Director to do so;

(b) no person shall be allowed access to stock affected with or suspected of being affected with rinderpest other than the persons necessary for their proper care and officers authorised to carry out these Regulations;

(c) no persons who have been in contact with animals affected or suspected of being affected with rinderpest shall approach other cattle or shall leave the place until their hands and boots or, if boots are not worn, their feet have been properly disinfected;

(d) no farm stock (with the exception of horses, asses, or mules) which have been in contact with any part of an animal dead of rinderpest or with the excretions of animals affected with or suspected of being affected with rinderpest, shall be removed from the farm or place without permission from the Director and under conditions imposed by him;

(e) no horse, ass, or mule which has been in contact with any part of an animal which has died of rinderpest, or is suspected of having died of rinderpest, and no horse, ass, or mule which has been in contact with cattle suffering from this disease or with the excretions of such animals, shall be allowed to leave the infected area or place until the hooves have been properly washed for rinderpest with disinfectant;

(f) animals suffering from rinderpest or which have been in contact with animals suffering from or suspected of suffering from rinderpest may be slaughtered by order of the Minister;

(g) all cattle which have been or which are suspected of having been in contact with animals suffering from or suspected of suffering from rinderpest shall be isolated and inoculated in a manner prescribed by the Director or such animals may be slaughtered by order of the Minister;

(h) no person without permission from the Director shall knowingly bring the bile, blood, flesh, milk, hides, or excretions of animals suffering from or suspected to be suffering from rinderpest in contact with other cattle for any purpose whatever, or shall remove such substance out of the infected area or place of isolation;

(i) quarantine shall not be removed at any earlier date than 14 days after the death, slaughter, or recovery of all infected animals, and only if paragraph (g) has been complied with;

(j) no person shall use any material taken from any animal suffering from rinderpest for the purpose of inoculation of any stock unless he has previously obtained authority to do so from the Director.

91. Scab in sheep

The following additional provisions shall apply to scab in sheep—

(a) whenever the owner of any sheep becomes aware or has reasonable grounds for suspecting that the same are infected with scab, he shall forthwith give notice of the fact in accordance with these Regulations, and shall without delay cause the animals in his possession or charge to be isolated and treated in such manner as the Director or stock inspector or scab inspector shall direct;

(b) every owner of sheep shall, if required by notice from any official, dip all his sheep twice at such times and within such period as may be defined in such notice, and every such notice shall specify the district or area within which such dipping shall take place; the second dipping shall in every case take place within not less than eight or more than 14 days after the date of the first dipping;

(c) during and after the completion of compulsory dipping of all flocks in any area, no sheep shall be introduced into any such area without the owner having first obtained the written permission of a scab inspector; such permission may include such directions as to dipping as may be deemed advisable;

(d) if any person fails to cleanse or dip any infected sheep in his possession or charge and is unable to give satisfactory reason for his failure, the District Officer of the district may in his discretion direct the police to arrange for the cleansing or dipping of the stock at the expense of the owner or person in charge, and the cost of such cleansing or dipping shall be recoverable as a debt by an action in a competent court;

(e) any official shall have power to detain and isolate any sheep which he suspects on reasonable grounds to be infected with scab;

(f) the hides and wool of sheep and the hides and hair of goats which have died while affected with scab shall not be removed from any place except under the written permission of the Director or other official and under the conditions prescribed by him;

(g) any official shall have the power to order the disinfection or enclosure of any sleeping-places, pens, kraals, sheds, huts, vehicles, yards and other premises which have been occupied by sheep infected or suspected of being infected with scab and such disinfection or enclosure shall take place within such period and in such manner as the Director or stock inspector or scab inspector shall direct;

(h) any owner or person in charge of sheep who removes or causes or permits to be removed any infected sheep to any area mentioned in regulation 97 or who by carelessness or neglect allows any infected sheep to stray onto such area shall be guilty of an offence under these Regulations;

(i) an official upon becoming aware of the existence of scab among sheep in any district or area for which he has been appointed shall serve upon the owner of the infected sheep an order in writing to isolate the sheep and shall with all practicable speed cause the sheep to be dipped; and it shall be lawful for an official in his discretion to dip any infected sheep three times with intervals of from eight to 14 days between the dippings if in his opinion circumstances justify it;

(j) it shall be the duty of every owner or person in charge of sheep upon the visit of a scab inspector or official, to co-operate with such inspector or official in the examination, testing or treatment of all sheep of which he is the owner or is in charge, and to that end the following provisions shall apply, namely, if any owner or person in charge of sheep on demand being made by a scab inspector or other official after service of the order referred to in paragraph (i)—

(i) refuses or fails forthwith to render reasonable assistance in connection with the inspection or dipping of such sheep;

(ii) refuses or fails to collect his flocks at some convenient place on their pasturage or at their kraals;

(iii) conceals any sheep or through negligence fails to produce all or any sheep which may be required by the inspector or official to be inspected and dipped; or

(iv) fails (without adequate cause or sufficient reason) to provide any necessary dipping materials or utensils required by the inspector or official,

such owner or person in charge of sheep shall be guilty of an offence and liable to the penalties provided in regulation 73;

(k) for the purposes of this regulation, where the tribesman owner of sheep cannot be traced, service of any order, notice or demand on the chief or headman of the area in which the sheep are found shall be deemed to be service of such order, notice or demand on such absent owner;

(l) upon receipt of a notice from a scab inspector or official of his intention to visit any tribal territory, mission station, location, kraal or farm, occupied by tribesmen, for the purpose of examination or dipping of sheep, it shall be the duty of the chief or headman, or other person in charge of such territory, mission station, location, kraal or farm to warn all owners or persons in charge of sheep within such territory, mission station, location, kraal or farm of the date on which such examination or dipping is to take place, and of the place where such sheep are to be assembled, and it shall be the duty of all such owners or persons in charge to bring such sheep to the place appointed by the inspector or official in order that such sheep may be examined or dipped, and any owner or person in charge of sheep failing to attend with his sheep at the time and place appointed shall be guilty of an offence and liable to the penalties provided in regulation 73.

92. Compensation

Whenever any sheep are dipped by or under the orders of a scab inspector, compensation may be paid by the Minister at rates to be determined by him, not exceeding P1 per head for full-grown animals, and 25 thebe per head for lambs and kids in respect of any such animals as may die within 48 hours of such dipping, and as the direct result thereof:

Provided that no compensation shall be paid—

(i) if the number of animals so dying does not exceed two per cent of the number of animals dipped for or on behalf of the same owner; or

(ii) if the owner fails forthwith to report the death of any such animals to the nearest scab inspector or police officer, and to afford a reasonable opportunity for an examination to be made of the body of any such animal in order to ascertain the cause of death.

93. Charges for dipping

The charge for dipping where such dipping has been carried out by a scab inspector at the owner’s expense shall be at a rate to be fixed by the Director, and any such charge shall, if not paid within one month after demand is made, be recoverable in any competent court at the suit of the Minister.

94. Cleansing of railway trucks

A scab inspector may require the station master at any station, or other official of any railway administration or company having the charge of trucks used for the conveyance of sheep within any area to which these Regulations apply, to clean such trucks after they have been used for that purpose.

95. Isolation by chiefs, etc.

The chief or headman of any village who finds therein any stray sheep infected or suspected of being infected with scab shall isolate them and report at once to the nearest official, who shall direct the chief or headman as to their treatment, and the chief or headman shall comply with such direction without delay.

96. Erection of dipping tanks

It shall be lawful for the Government to erect dipping tanks in Botswana, and it shall be an offence for any person to damage or interfere with any dipping tank so erected or dipping fluid contained therein or the water supply of any such tank.

97. Application of Regulations regarding scab

The Regulations regarding scab shall be of force and effect within the following areas—

(a) that area of land lying to the west of the Barolong farms and south of a line running parallel to and 32 km north of the Molopo River, but excluding any portion of the Bangwaketse Tribal Territory which may fall within such area;

(b) the Barolong farms;

(d) the farm Hildavale;

(e) the Lobatse Block;

(f) the Bamalete Tribal Territory;

(g) the farm Crocodile Pools;

(h) the farm Forest Hill;

(i) the farm Traquair;

(j) the Gaborone Block, including the State Reserve;

(k) the Bakgatla Tribal Territory;

(l) the Bangwaketse Tribal Territory; and

(m) the State lands north of the Matopo River to the 25th parallel of south latitude.

98. Swine fever and swine erysipelas

The following additional provisions shall apply in the case of swine fever and swine erysipelas—

(a) no swine shall be moved into or out of an area declared infected on account of swine fever or swine erysipelas unless the person in charge has written permission from the Director to do so;

(b) no person shall be allowed access to swine affected with or suspected of being affected with swine fever or swine erysipelas other than persons necessary for their proper care;

(c) no person who has been in contact with swine affected with or suspected of being affected with swine fever or swine erysipelas shall approach other swine or shall leave the place until their hands and boots or, in the case where boots were not worn, the feet have been properly disinfected;

(d) any swine which within a period of 30 days have been in contact with other swine suffering from swine fever or swine erysipelas shall be isolated for such a time and in such a manner as the Director may prescribe;

(e) any swine suffering from or suspected of suffering from swine fever or swine erysipelas may be slaughtered by order of the Minister;

(f) no manure or litter from swine suffering from or suspected to be suffering from swine fever or swine erysipelas shall be transported outside the infected area unless it has been burned to the satisfaction of the Director;

(g) quarantine shall not be removed at an earlier date than 30 days after the slaughter or death of the last affected animal and only in case of disinfection having been carried out to the satisfaction of the Director.

99. Trypanozoonosis

The following additional provisions shall apply in the case of animal trypanozoonosis—

(a) no person shall permit to be moved or to stray from or into or within a trypanozoonosis area any stock, whether the same are or are not infected with disease;

(b) stock not affected with disease may be removed from or introduced into or moved within any such area upon written permission previously obtained from the Director and in accordance with any conditions imposed by him.

100. Tuberculosis

The following additional provisions shall apply in the case of tuberculosis—

(a) all suspected of suffering from tuberculosis shall be submitted to the tuberculin test by the Director;

(b) all cattle found to be suffering from tuberculosis shall be branded by the Director with a brand which may be prescribed by the Minister by notice published in the Gazette, and shall be slaughtered within a period of six months from the date on which the disease was diagnosed;

(d) the milk of cows suffering from tuberculosis of the udder shall not be given to other animals unless it has been boiled;

(e) no stall which has been occupied by an animal suffering from tuberculosis shall be used for any other animal until the said stall has been properly disinfected.

101. Dourine

The following additional provisions shall apply in the case of dourine-any equine suspected of suffering from dourine shall be tested by order of the Director, and any animal that reacts to the test or shows clinical symptoms of the disease may be treated or operated upon in such manner as may be directed by the Director or may be destroyed by his order; and for the proper carrying out of this measure the Director shall have power to call in the assistance of the police who shall, on written instructions from him, carry out the destruction of the animal.

102. Export without permit prohibited

(1) No person shall remove or attempt to remove any cattle or small stock from any district for the purpose of export from Botswana except under a permit in writing to be obtained in every case from a Government veterinary officer.

(2) Any person contravening this regulation shall be guilty of an offence and shall be liable to a fine not exceeding P10 or in default of payment to imprisonment for a term not exceeding one month, or to such imprisonment without the option of a fine for every such head of cattle or small stock removed or attempted to be removed.

103. Bringing cattle or small stock for inspection

The owner of any cattle or small stock intended to be removed from any district for the purpose of export from Botswana shall, before the issue of the permit mentioned in regulation 102, bring such cattle or small stock to a place to be specified by the Government veterinary officer or any other duly authorised official by whom the permit is to be issued at a reasonable distance from the place where they are kept for inspection by him.

SCHEDULE

(Reg. 57)

(1) The Batawana Tribal Territory as defined by section 3 of the Tribal Territories Act (Cap. 32:03.)
(2) The area of land bounded on the north by the Chobe River, on the east by the boundary of Zimbabwe and on the south by the following approximate longitudes and latitudes:
Longitude East	Latitude South
25℃ 18″	18℃ 6″”
24℃ 49″	18℃ 20″
24℃ 24″	18℃ 27″
23℃ 56″	18℃ 27″
and thence northwards along the boundary of the Batawana Tribal Territory as defined by section 3 of the Tribal Territories Act to the point where the said boundary meets the Chobe River.
(3) An area bounded approximately by the following longitudes and latitudes:
Longitude East	Latitude South
23℃ 56″	18℃ 27″
24℃ 24″	18℃ 27″
24℃ 49″	18℃ 20″
thence to the south-west corner of Odiakwe quarantine camp, and thence to-
Longitude East	Latitude South
24℃ 30″	20℃ 24″
thence up the Boteti River to-
Longitude East	Latitude South
23℃ 51″	20℃ 15″
23℃ 56″	18℃ 27″
(4) An area bounded approximately by the following longitudes and latitudes:
Longitude East	Latitude South
24℃ 49	18℃ 20″
“25℃ 18”	18℃ 6″
thence along the Zimbabwe border to-
Longitude East	Latitude South
26℃ 10″	19℃ 30″
26℃ 10″	19℃ 59″
25℃ 10″	20℃ 4″
25℃ 8″	20℃ 24″
24℃ 30″	20℃ 24″
thence to the south-west corner of Odiakwe quarantine camp and thence to-
Longitude East	Latitude South
24℃ 49″	18℃ 20″
(5) That part of the Bamangwato Tribal Territory as defined by section 2 of the Tribal Territories Act (Cap. 03:02) which lies to the north of the quarantine fence extending diagonally across the said territory, approximately from a point where longitude 25 degrees crosses the south-western border of the said territory to a point where the boundary of the Francistown District as defined under the Administrative Districts Act, meets the western boundary of Zimbabwe.
(6) That part of the Bamangwato Tribal Territory as defined by section 2 of the Tribal Territories Act which lies to the south of the quarantine fence extending diagonally across the said territory approximately from a point where longitude 25 degrees crosses the south-western border of the said territory to a point where the boundary of the Francistown District, as defined under the Administrative Districts Act, meets the western boundary of Zimbabwe.
(7) The Francistown District, as defined under the Administrative Districts Act.
(8) The Tuli Block, as defined by the Schedule to the British South Africa Company Land Act.
(9) The Bakgatla Tribal Territory, the Bakwena Tribal Territory and the Bangwaketse Tribal Territory as defined in sections 4, 5 and 6 of the Tribal Territories Act, the Gaborone District as defined under the Administrative Districts Act, including the Bamalete Tribal Territory and the Batlokwa Tribal Territory, as defined in sections 7 and 8 of the Tribal Territories Act, the Barolong Farms, as defined in Schedule B to the Botswana Boundaries Act, and the State Lands south of the Bangwaketse Tribal Territory and east of the meridian 24℃ 15″ east longitude, and the Lobatse Block, as defined in the Schedule to the British South Africa Company Land Act.
(10) The area leased to the Commonwealth Development Corporation, known as the Molopo Holding Ground, viz, the area bounded on the south by the Molopo River from a point opposite the farm Westward Ho to a point opposite the farm Nel’s Hope (approximately on 23℃ 23″ east); thence due north to a point approximately 25℃ 12″ south; thence west to longitude 23℃ east; thence north to the southern boundary of the Bangwaketse Tribal Territory; thence following the said boundary eastwards and southwards to its junction with the Molopo River.
(11) The Ghanzi District, as defined under the Administrative Districts Act, and Kgalagadi District, as so defined, excluding the area leased to the Commonwealth Development Corporation and known as the Molopo Holding Ground, as described in paragraph (10) above.

DISEASES OF STOCK (QUARANTINE AND COMPENSATION) REGULATIONS

(under section 19)

(9th December, 1930)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Compensation for cattle killed after breaking back

3. Procedure if animals die on journey

4. Compensation for clean cattle joining infected herds

5. Decisions as to compensation

6. Infected cattle joining clean herds

7. Ownership of cattle in quarantine camp

8. Payment for cattle

9. Valuation of cattle

10. Replacement of cattle

11. Animals straying into quarantine camp

12. Investigations

13. Infected cattle from camp contacting with clean cattle

14. Infected cattle outside lung-sickness quarantine camps

15. Purchase of cattle in compensation

16. Prohibition of importation of animal products from Zimbabwe and of vegetables

17. Prohibition of market of vegetable products from Zimbabwe

18. Import of butter and cheese

19. Entry of railway cattle trucks

20. Prohibition on return of cream cans, etc.

HCN 145, 1930,
HCN 53, 1931,
HCN 59, 1931,
HCN 17, 1932,
HCN 98, 1960,
HMC Order 1, 1963,
L.N. 84, 1966.

1. Citation

These Regulations may be cited as the Diseases of Stock (Quarantine and Compensation) Regulations and may only be altered after consultation with the Chief of the particular tribe concerned.

2. Compensation for cattle killed after breaking back

Where cattle among an infected or in-contact herd break back after the commencement of the journey to the lung-sickness quarantine camp and are destroyed and the numbers exceed five, the case will be judged on its merits by the veterinary officer in charge and such compensation as can justly be allowed shall be paid to the owner; but he shall have the right of appeal to the District Officer of the district, but where the number is five or less than five the owner shall only be entitled to the value of the hides should the cattle be destroyed.

3. Procedure if animals die on journey

(1) In future removals owners or their responsible representatives shall accompany their own cattle and shall be responsible for securing the hides of the animals which die en route and disposing of them together with the meat except in cases of anthrax where the hides and meat will be destroyed.

(2) In all future removals the Chief of the tribe will be responsible for warning all cattle owners on the route to be taken by the infected or in-contact animals to the lung-sickness quarantine camp, to take steps to prevent their cattle coming into contact with the infected or in-contact herds.

4. Compensation for clean cattle joining infected herds

(1) In cases where cattle from cattle posts en route to the lung-sickness quarantine camp join the infected herd through no fault of the owner or his servants, the owner will be paid full compensation in cash, but when the fault lies with the owner or his servants, only half of the full cash value of such cattle, as assessed by the Director or his appointed representative, will be paid.

(2) In such cases the owner has the right of appeal to the District Officer of the district.

5. Decisions as to compensation

(1) The decision in cases arising under regulation 4 will be made by the senior veterinary official accompanying the infected or in-contact cattle who shall issue as soon as possible a certificate to the owners of such animals giving details of numbers, descriptions, and value of cattle taken by him.

(2) The owner shall be entitled, if dissatisfied, to lodge an appeal to the District Officer of the district within three months.

6. Infected cattle joining clean herds

(1) In the case of an animal or animals breaking away from the infected or in-contact herd and joining clean cattle the animal or animals so breaking away shall be dealt with by the veterinary officer in charge as he thinks fit.

(2) The clean herd shall be isolated where it is until such time as it is certain that no disease has been carried to it.

(3) Should disease break out the herd will be dealt with in the ordinary manner, i.e. removed to the quarantine camp and the owners compensated as provided in regulation 8.

7. Ownership of cattle in quarantine camp

All animals driven under supervision to the quarantine camp shall become the property of the Government the moment they enter the first gate.

8. Payment for cattle

All owners will be paid in cash the amount for which the Government is able to sell such animals.

9. Valuation of cattle

(1) All cattle will be listed and valued immediately they enter the quarantine camp.

(2) Such valuation will be made in accordance with current market prices by an expert, appointed by the Government, in the presence of the District Officer of the district and the Chief or their duly appointed representatives.

10. Replacement of cattle

Replacement of cattle is to be effected within one month if appreciable financial loss would not, in the opinion of the Director, be incurred thereby.

11. Animals straying into quarantine camp

In cases of animals straying into the quarantine camp—

(a) where no contact has been made with the infected or in-contact herds and no fault lies with the owners, the latter will be allowed to take them away;

(b) where introduction is deliberate, such cattle will be retained and the owner may, on the recommendation of the Director, receive half compensation in cash;

(c) where introduction is due to the fault of the Government servants, the owners shall receive full compensation in cash.

12. Investigations

(1) So soon as the facts come to his notice the official in charge of the quarantine camp shall take immediate steps to investigate carefully the circumstances surrounding the entry of any stray cattle into the lung-sickness quarantine camp.

(2) Such official shall immediately notify his senior veterinary officer and the Chief through the District Officer in order that the owner of such cattle may be located and informed of the decision of the veterinary officer as to whether it is regarded as a case of carelessness or not.

(3) Such owner shall have the right of appeal as set down in regulation 5.

13. Infected cattle from camp contacting with clean cattle

In cases where infected cattle break out of the lung-sickness quarantine camp or are taken out owing to lack of water, or for trucking purposes, and they come in contact with clean cattle, the case shall be dealt with under regulation 6.

14. Infected cattle outside lung-sickness quarantine camps

Where cattle as described in regulation 13 are joined by clean cattle owing to their being outside of the lung-sickness quarantine camp, the owner of such clean cattle shall, in the event of his losing his cattle, be fully compensated animal for animal.

15. Purchase of cattle in compensation

All animals taken over by the State will be sold and the proceeds of such sale shall be placed in a special fund controlled by the District Officer and the Chief, who will purchase cattle for compensation purposes out of such fund.

16. Prohibition of importation of animal products from Zimbabwe and of vegetables

The introduction into Botswana from Zimbabwe of all animal products, including hides, skins, horns, hooves, wool, hair, feathers, milk, cream, blood, meat and manure, but excepting butter and cheese, is prohibited until further notice.

17. Prohibition of market of vegetable products from Zimbabwe

The introduction into Botswana from Zimbabwe of all vegetable products, including grass, grasshay, straw, lucerne hay, mealies, mealie-stalks, cobs, kaffir-corn and stalks, is prohibited except by special permission of the Minister.

18. Import of butter and cheese

Butter and cheese may be imported from Zimbabwe into and in transit through Botswana:

Provided that—

(i) the milk or cream used for the manufacture of the butter has not been derived from herds within a radius of 40 km from the nearest foot-and-mouth infected area and that such milk or cream has been pasteurised;

(ii) the butter has been kept entirely separate and distinct from butter manufactured for consumption in Zimbabwe;

(iii) the milk used for the manufacture of the cheese has not been derived from any herd infected with foot-and-mouth disease or from any herd in the neighbourhood of an infected herd;

(iv) each consignment is accompanied by a certificate issued by a Government veterinary officer of Zimbabwe to the effect that the above-mentioned conditions have been complied with.

19. Entry of railway cattle trucks

(1) Railway cattle trucks from Zimbabwe shall only be allowed to enter Botswana on the following conditions—

(a) that the truck has been thoroughly cleansed of all overlying loose material or refuse of any description, particularly dung or packing material;

(b) that the inside of the truck has been thoroughly washed or sprayed with a five per cent aqueous solution of kerol or a similar strength of a disinfectant to be approved by the Director and thereafter whitewashed;

(c) that the cleansing and disinfection shall be performed upon each occasion the truck leaves any Zimbabwe point for the conveyance of goods within Botswana; and

(d) that a declaration is affixed to the truck by an authority to be approved by the Director that conditions (a), (b) and (c) have been complied with.

(2) Any person who contravenes any provisions of these Regulations shall be guilty of an offence and shall be liable to the penalties provided in regulation 73 of the said Diseases of Stock Regulations.

20. Prohibition on return of cream cans, etc.

The return of cream cans, cheese crates, egg boxes, hessian covering and packing from Zimbabwe to Botswana is prohibited except under special permit issued by the Minister or his authorised representative.

DISEASES OF STOCK (POULTRY) REGULATIONS

(under section 19)

(8th September, 1941)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Permit for introduction of poultry

4. Permit for introduction of birds

5. Penalty

HCN 166, 1941.

1. Citation

These Regulations may be cited as the Diseases of Stock (Poultry) Regulations.

2. Interpretation

For the purposes of these Regulations—

“birds” means all birds excluding domestic fowls, turkeys, geese and ducks;

“poultry” means domestic fowls, turkeys, geese and ducks.

3. Permit for introduction of poultry

No person shall introduce into Botswana except from the Republic of South Africa, any poultry unless such poultry is accompanied by—

(a) a written permit by the Director authorising the introduction of such poultry;

(b) a certificate, issued by a veterinarian authorised thereto by the Government of the country of origin, showing—

(i) that the poultry were examined and found to be healthy and that to the best of his knowledge, and belief they are free from, in the case of all species of poultry—

epidemic and endemic cholera;

tuberculosis;

fowl plague;

Newcastle disease;

salmonelloses;

in the case of turkeys—

trichomoneasis;

blackhead;

hexamitiasis;

in the case of domestic fowls—

epidemic tremor;

blackhead;

infectious bronchitis;

infectious laryngotracheitis;

(ii) that in the case of domestic fowls, the tuberculin test was carried out within one month prior to despatch and that the fowls gave a negative reaction to the test;

(iii) that in the case of turkeys, geese and ducks, to the best of his knowledge and belief the premises from which the poultry were derived are free from tuberculosis;

(iv) that agglutination tests for Salmonella gallinerum (or S. pullorum) and S. typhimurium in the case of domestic fowls and turkeys, and for S. typhimurium, S. enteritidis and S. anatum in the case of ducks and geese, were carried out and found to be negative.

4. Permit for introduction of birds

No person shall introduce into Botswana, except from the Republic of South Africa, any birds unless such birds are accompanied by—

(a) a written permit issued by the Director authorising the introduction of such birds;

(b) a certificate, issued by a veterinarian authorised thereto by the Government of the country of origin, showing—

(i) that the birds were examined and found to be healthy;

(ii) that to the best of his knowledge and belief the birds were derived from premises or aviaries declared by the veterinary authorities of the country of origin to be free from psittacosis;

(iii) that, in the case of pigeons and pheasants and other birds that may be found to be carriers of the virus of equine encephalomyelitis, the country of origin is free from equine encephalomyelitis.

5. Penalty

Any person who contravenes or attempts to contravene any provisions of these Regulations or fails to comply with any requirement thereof shall be guilty of an offence and shall be liable to a fine not exceeding P100.

STOCK DISEASES (SEMEN) REGULATIONS

(under section 19)

(3rd May, 1968)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Introduction of semen into Botswana

4. Control of dealings in semen

5. Penalties

S.I. 38, 1968.

1. Citation

These Regulations may be cited as the Stock Diseases (Semen) Regulations.

2. Interpretation

In these Regulations “semen” means bovine, equine, sheep, goat or pig semen.

3. Introduction of semen into Botswana

(1) No person shall introduce, or cause to be introduced into Botswana any semen unless such semen is accompanied by a written permit by the Director authorising the introduction of such semen.

(2) The Director may in granting a permit under the provisions of subregulation (1) impose such conditions as may appear to him necessary or expedient for preventing the introduction to and spread in Botswana of diseases of stock.

(3) Any person who contravenes the provisions of subregulation (1) or who contravenes any condition imposed under the provisions of subregulation (2) shall be guilty of an offence and shall be liable to the penalties prescribed in regulation 5.

4. Control of dealings in semen

(1) No person shall—

(a) dispose of any semen (whether this has been imported into Botswana or collected in Botswana) to any other person by sale, gift or exchange or in any other manner whatsoever;

(b) use any such semen for artificial insemination of any stock which are not the property of the owner of the semen; or

except under and in accordance with a written permit by the Director.

(2) The Director may in granting a permit under the provisions of subregulation (1) impose such conditions as may appear to him to be necessary or expedient for preventing the introduction to and spread in Botswana of diseases of stock.

(3) Any person who contravenes the provisions of subregulation (1) or who contravenes any condition imposed under the provisions of subregulation (2) shall be guilty of an offence and liable to the penalties prescribed in regulation 5.

5. Penalties

Any person convicted of an offence under these Regulations shall be liable to a fine not exceeding P200.

PROHIBITION OF SALE OF IMPORTED CATTLE TO BOTSWANA MEAT COMMISSION
FOR EXPORT TO THE EUROPEAN UNION REGULATIONS

(under section 19)

(18th December, 1998)

S.I. 101, 1998.

1. Citation

These Regulations may be cited as the Prohibition of Sale of Imported Cattle to the Botswana Meat Commission for Export to the European Union Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“imported cattle” means cattle not born and bred in Botswana.

3. Importing cattle

A person importing cattle into Botswana shall within seven days of the importation, place on the right shoulder of the imported cattle the following brand—

“N O

E U”.

4. Prohibition of buying of imported cattle by the meat commission

The Botswana Meat Commission shall not buy or slaughter for export to the European Union, cattle branded in accordance with regulation 3.

5. Offence and penalty

A person who contravenes regulation 3, commits an offence and is liable on conviction to a fine not exceeding P500 or to imprisonment for a term not exceeding six months or to both.

DISEASES OF ANIMALS (INOCULATION) ORDER

(under regulation 22 of the Diseases of Stock Regulations)

(10th March, 1952)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Inoculation of bovines

G.N. 24, 1952.

1. Citation

This Order may be cited as the Diseases of Animals (Inoculation) Order.

2. Inoculation of bovines

All bovines in Botswana shall be inoculated annually against anthrax.

FOOT-AND-MOUTH DISEASE (CONVEYANCE OF PRODUCTS) ORDER

(under regulation 57 of the Diseases of Stock Regulations)

(30th July, 1960)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of products

Schedule

G.N. 23, 1960.

1. Citation

This Order may be cited as the Foot-and-Mouth Disease (Conveyance of Products) Order.

2. Declaration of products

The vegetable and animal products specified in the Schedule are declared to be vegetable and animal products likely to convey or spread foot-and-mouth disease.

SCHEDULE

Any of the following products: Hay; manure; bedding; fodder; hides; skins; milk or cream; bones; meat, whether dried or fresh; riems; horns or hoofs; game trophies or skins; blood; hair; meat offals; hide and skin pieces and trimmings.

MOVEMENT OF STOCK (RESTRICTION) ORDER

(under regulation 57 of the Diseases of Stock Regulations)

(30th July, 1960)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Restriction on the movement of stock

G.N. 24, 1960.

1. Citation

This Order may be cited as the Movement of Stock (Restriction) Order.

2. Restriction on the movement of stock

Movement is prohibited, except under permit issued in respect of each removal by a person authorised by the Director to issue such permits, of all stock within Botswana.

DISEASES OF ANIMALS (MUZZLING) ORDER

(under regulation 83 of the Diseases of Stock Regulations)

(1st March, 1954)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Muzzling, etc.

G.N. 9, 1954.

1. Citation

This Order may be cited as the Diseases of Animals (Muzzling) Order.

2. Muzzling, etc.

The Director, veterinary officers, livestock officers and stock inspectors may order any dog or other species of carnivora or monkey in Botswana to be isolated, muzzled or destroyed.

DISEASES OF ANIMALS (BSE CONTROL (REMOVAL OF SPECIFIED RISK MATERIAL)) REGULATIONS

(under section 19)

(10th December 2004)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Removal and burning of specified risk material

4. Disposal of specified risk material

S.I. 124, 2004.

1. Citation

These Regulations may be cited as the Diseases of Animals (BSE Control (Removal of Specified Risk Material)) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“BSE” means Bovine Spongiform Ecephalopathy;

“lairage” means any part of the abattoir used for the confinement of animals awaiting slaughter; and

“specified risk material” means the brain, eyes, spinal cord, tonsils, the whole of an animal which has died on a farm, during transportation, or lairage, and any other part of a bovine animal that has been specified by the Minister as likely to be contaminated with the agent that causes BSE.

3. Removal and burning of specified risk material

The specified risk material of every animal that is slaughtered by an abattoir or export slaughter house shall be removed immediately after the slaughtering of that animal, and shall be burned or buried.

4. Disposal of specified risk material

The Minister may, by Statutory Instrument, specify the parts of a bovine animal that are likely to be contaminated with the agent that causes BSE.

DISEASES OF ANIMALS (STOCK FEED) REGULATIONS

(section 19)

(10th December, 2004)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Manufacturing of stock feed

4. Labeling of products intended to feed stock

5. Feeding of stock

6. Fertiliser containing animal protein

7. Waste disposal

8. Offences and penalties

S.I. 126, 2004.

1. Citation

These Regulations may be cited as the Diseases of Animals (Stock Feed) Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires,

“stock” means bulls, oxen, cows, heifers calves, donkeys, mules, sheep, camels, goats, horses, mules, asses, pigs, domesticated birds, fowls or poultry, and any other animal that has been prescribed to be stock for purposes of these Regulations.

(2) For the purposes of regulations 3 and 4, “stock” shall not include poultry, fowl or domesticated birds.

3. Manufacturing of stock feed

Subject to regulation (2), no person shall manufacture or constitute, for the purpose of feeding stock, any product containing—

(a) poultry excreta;

(b) meat and bonemeal or any other protein of ruminant origin; or

4. Labeling of products intended to feed stock

All products manufactured or constituted for the purpose of feeding stock, which are intended for retailing shall, be conspicuously marked)—

“This product does not contain any poultry excreta, meat and bonemeal,
or any other protein of animal origin”.

5. Feeding of stock

No person shall feed stock, except poultry, fowl or any domesticated bird, any product which contains poultry excreta, meat and bonemeal, or any other protein of animal origin.

6. Fertiliser containing animal protein

No person shall use, as fertiliser, on any pasture land or any land to which stock has uncontrolled access, any product which contains—

(a) poultry excreta;

(b) meat and bonemeal or any other protein of animal origin; or

7. Waste disposal

No person shall, on pasture land or any other place to which stock has uncontrolled access, dispose of any—

(a) poultry excreta;

(b) meat and bonemeal or any other protein of animal origin, or

8. Offences and penalties

Any person who contravenes these Regulations commits an offence and is liable on conviction to a fine not exceeding P500 or to imprisonment for a term not exceeding six months or to both.

DISEASES OF ANIMALS (PROHIBITION OF USE OF ANABOLIC HORMONES AND THYROSTATIC SUBSTANCES) REGULATIONS

(section 19)

(18th September, 1987)

ARRANGEMENT OF REGULATIONS

REGULATIONS

1. Citation

2. Definition

3. Prohibition

4. Exceptions

5. Director to decide

6. Samples to be tested

7. Test results final

8. Procedure on positive results

9. Condemnation if residue present

10. Penalty for contravention

S.I. 103, 1987,
S.I. 53, 2007.

1. Citation

These Regulations may be cited as Diseases of Animals (Prohibition of use of Anabolic Hormones and Thyrostatic Substances) Regulations.

2. Definition

In these Regulations—

“authorised laboratory” means any laboratory authorised by the Director to process samples.

“approved laboratory” means laboratory under the direct supervision of the Director.

“food animal” means cattle, sheep, goat, chicken, pig or any animal whose meat is used for human consumption.

“anabolic hormones” and “thyrostatic substances” include—

(a) Stilbenes, stilbene derivatives, their salts and esters

Diethystilboestrol

Dienoestrol

Hexoestrol

(b) thyrostatic substances and their derivatives

thiouracil

methylthiouracil

propylthiouracil

Tapazol

Oestradiol – 17B

Testosterone

Trenbolone

Methyltestosterone

Nortestosterone

Zeranol

(d) Any anabolic hormonal or thyrostatic substances administered to food animals

(e) Beta-agonists and their derivatives

Clenbuterol

Salbutanol.

3. Prohibition

The manufacture, importation, usage, handling, storage, transportation, distribution and sale of anabolic hormones and thyrostatic substances for use in animals is prohibited.

4. Exceptions

Notwithstanding regulation 3, above, veterinary surgeons will be authorised to acquire and use for therapeutic treatment only, substances such as oestradiol-17B testosterone and progesterone and those derivatives which readily yield the parent compound on hydrolysis after absorption at the site of application. Synchronisation of oestrus, termination of unwanted gestation, the improvement of fertility and the preparation of donors and recipients for the implantation of embryos provided—

(a) animals treated by veterinary surgeons shall be identified with a permanent mark determined by the Director;

(b) products used for therapeutic treatment are administered only by a veterinary surgeon in the form of an injection – to the exclusion of implantation to animals which have been clearly identified;

(d) the animal so treated is not sent for slaughter until the specific withdrawal period for the drug has expired;

(e) the animal so treated is slaughtered only if accompanied by a veterinary permission stating the details of the therapeutic treatment;

(f) such animals are tested for residues at slaughter.

5. Director to decide

The Director will determine animals, property to be sampled and tests to be used to test for the residues of the anabolic hormonal or thyrostatic substances.

6. Samples to be tested

Departmental officers shall submit samples collected by them to an authorised or approved laboratory.

7. Tested results final

The results of any test done on any sample by an approved laboratory shall be final.

8. Procedure on positive results

Where laboratory tests confirm the presence of prohibited substances or of residues either exceeding the maximum natural physiological levels for the authorised substances or, proving that authorised substances have been used abusively:

(a) the laboratory shall inform the Director immediately;

(b) the owner of the animal or animals with residues of prohibited substances shall be prosecuted;

(c) all food animals on the farm shall be identified by whatever method may be determined by the Director and the movement of food animals from the premises shall be prohibited unless written authority is granted by the Director;

(d) all food animals in the premises shall thereupon be tested;

(e) animals with residues of authorised hormonal substances exceeding the limits shall not be slaughtered for human consumption until such time as the Director is satisfied that the hormonal levels are below the maximum physiological limits and grants permission for their slaughter. The meat of such animals shall be tested at the abattoir after slaughter.

(f) animals with residues of prohibited substances shall only be slaughtered under veterinary supervision and meat from such animals shall not be used for human consumption.

9. Condemnation if residue present

Where laboratory tests confirm either the presence of residues of prohibited substances or of residues exceeding the maximum residue limit of authorised substances in the abattoir, meat from such animals shall be condemned, and all animals on the farm of origin shall thereupon be tested for residues in the manner prescribed by regulation 8.

10. Penalty for contravention

Any person guilty of a contravention of these regulations shall be liable to a fine of P5,000 and to imprisonment for five years.

DISEASES OF ANIMALS (ANIMAL INFORMATION AND TRACEABILITY SYSTEM) REGULATIONS

(section 19)

(26th January, 2018)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Stock traceability manager and other support personnel

3. Appointment of stock traceability manager and other personnel

4. Functions of stock traceability manager

PART III
Registration of animals, owners of animals and holdings

5. Registration of animals

6. Registration of owners of animals

7. Registration of holdings

PART IV
Identification of animals, animal identification devices and manner of tagging animals

8. Identification of animals

9. Animal identification devices

10. Manner of tagging animals

11. Use of ear tags

12. Expiry of ear tags

PART V
Control of movement of imported animals

13. Control of movement of imported animals

PART VI
Management of animals for slaughter and inspection of export slaughter houses and abattoirs

14. Permit for submission of animals to export slaughter houses or abattoirs

15. Acceptance of animals at export slaughter houses or abattoirs

16. Maintenance of traceability data by owners of export slaughter houses or abattoirs

17. Inspection of export slaughter houses and abattoirs

PART VII
General provisions

18. Product traceability

19. Information security

20. Disclosure of official information

21. Offences and penalties

22. Revocation of S.I. No. 12 of 2005

SCHEDULE

S. I. 7, 2018.

PART I
Preliminary

1. Citation

These Regulations may be cited as the Diseases of Animals (Animal Information and Traceability System) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“abattoir” means any licensed premises in which animals or poultry are slaughtered, and includes any place available in connection with those premises for the confinement of animals or poultry waiting to be slaughtered in those premises;

“analogue ear tag” means a visually readable tag;

“animal identification” means the individual identification and registration of an animal with a unique identifier, by its epidemiological unit or group with a unique group identifier, so that an animal can be traced from birth to slaughter;

“animal identification device” means a registered electronic animal identification device;

“animal identification system” means a composition of a record of the identity of an animal and owner or custodian of the animal, the movement of such animal and any other record relating to the animal;

“bolus” means a ceramic, cylindrical, reticular device containing a radio frequency identification microchip device with an electronically stored individual animal identification number;

“brand” as a noun, has the same meaning as assigned to it under section 2 of the Branding of Cattle Act (Cap. 36:02);

“brand” as a verb, has the same meaning as assigned to it under section 2 of the Branding of Cattle Act (Cap. 36:02);

“brand certificate” means a certificate issued in terms of section 14(3) of the Branding of Cattle Act (Cap. 36:02);

“business operator” means a person who operates an animal production or animal product processing facility;

“cattle” includes any bull, cow, ox, stag, heifer, weaned calf and slaughtered carcass or portion of a carcass of any stock, other than hides, horns or hooves;

“crush” means a strategic location where several herds of stock come routinely for herd health and monitoring activities;

“custodian” means a person who is acting with the authority of the owner of an animal, or who is in charge of the day-to-day farm management decisions with respect to an animal;

“department” means the Department of Veterinary Services;

“distinctive mark” means a cheekmark, hornmark, hoofmark or earmark, or any clasp, rivet or tag attached to an ear, and includes any other mark which the President may, by regulations, made under section 29 of the Branding of Cattle Act (Cap. 36:02), prescribe;

“export slaughter house” means any slaughter house licensed as such in terms of the Control of Livestock Industry Act (Cap. 36:01);

“holding” means a farm or other agricultural undertaking belonging to different keepers within a communal area, such as—

(a) a kraal;

(b) a field;

(d) a feedlot; and

(e) a watering-point,

where animals are regularly kept or bred, the boundaries of which are defined by a physical or virtual fence.

“individual animal identification number” means a unique number electronically stored within a bolus or any other animal identification device;

“movement of an animal” or “stock movement” means when an animal is introduced into, or leaves an area or holding;

“NOEU” means Not for European market;

“NOEU brand” means a brand used to permanently mark imported cattle in accordance with the Act;

“OIE” means the International Office of Epizooties;

“owner identification number” means an identification number unique to an owner of an animal;

“registered brand” means a brand registered under the Branding of Cattle Act (Cap. 36:02);

“registered brand owner” means a person in whose name a brand is registered under the Branding of Cattle Act (Cap. 36:02);

“Stock Keeper Identification Card” means a card issued under regulation 6(1)(c) containing a unique numerical identifier for all keepers of stock who are registered as such under these Regulations; and

“traceability” means a trace of events of an animal or group of animals through all stages of production from birth to slaughter.

PART II
Stock traceability manager and other support personnel

3. Appointment of stock traceability manager and other personnel

The Director may, subject to the laws governing the public service, assign—

(a) a public officer to be a stock traceability manager; and

(b) two or more public officers to be assistant stock traceability managers who shall, subject to the directions of the stock traceability manager, have the power to do any act or thing which may be lawfully done under these Regulations by the stock traceability manager.

4. Functions of stock traceability manager

A stock traceability manager shall—

(a) implement a stock traceability system which shall be used to trace all stock;

(b) keep and maintain an updated centralised stock information technology data management system;

(d) carry on any other issues relating to traceability of stock.

PART III
Registration of animals, owners of animals and holdings

5. Registration of animals

(1) The Director shall keep and maintain an up-to-date computerised database for registration of all cattle which shall record the following information—

(a) the colour of the animal, which shall be written in Setswana;

(b) the age of the animal;

(d) an owner identification number;

(e) the animal identification device and analogue tag number of the animal;

(f) the brand of the animal, and the position of the brand;

(g) the animal holding;

(h) the OIE disease status of the animal;

(i) the zone where the animal is kept; and

(j) the date of registration or tagging of the animal.

(2) A proof of ownership of an animal for purposes of registration of the animal shall be determined by the Director using a brand mark on such animal, where applicable, which brand mark shall be confirmed by him using a brand certificate.

(3) The Director shall keep and maintain, or cause to be kept and maintained, a register in which shall be recorded—

(a) in relation to a bolus or animal identification device—

(i) multiple bolus or animal identification device insertions,

(ii) a regurgitated bolus or animal identification device, and

(iii) a lost bolus or animal identification device which has been reported as lost by the owner or custodian of the animal.

(b) in relation to an animal, whether imported or not—

(i) the name, address and national identity number of an owner,

(ii) the change of ownership of an animal,

(iii) the individual animal identification number reflected on bolus or animal identification device,

(iv) the age, sex, colour and breed of an animal,

(v) the brand of an animal, where applicable,

(vi) the number of the stock movement permits issued in terms of these Regulations,

(vii) the vaccination and other medical treatment of an animal,

(viii) the animal mortality,

(ix) the movement of an animal from one place to another,

(x) the slaughter record of an animal,

(xi) the animal holding, and

(xii) such other information as the Director may from time to time find necessary to record; and

(i) the name, address, national identity card number and owner registration number of the owner,

(ii) the origin holding and destination holding,

(iii) the territory, disease control zone, district, extension area, crush and holding,

(iv) the individual animal identification number reflected on an animal identification device of an animal that has been moved,

(v) the number of the stock movement permits issued in terms of these Regulations,

(vi) the registered brand of an animal that has been moved,

(vii) the validity of the stock movement permits issued in terms of these Regulations, and

(viii) such other information as the Director may from time to time find necessary to record.

(4) The Director shall record in the database linked to an individual animal identification number of an animal, any vaccinations or other medical treatment and the specimen of the animal.

(5) The information under subregulations (3) and (4) shall be provided to the Director by the owner or custodian of an animal.

6. Registration of owners of animals

(1) The Director shall—

(a) register an owner of an animal in a register to be kept and maintained by the Director in which shall be recorded—

(i) his personal details, and

(ii) the number of animals he owns.

(b) give the owner of the animal an owner identification number relating to the animal he owns; and

(2) An owner of an animal shall keep the following information on an on-farm record for the animal—

(a) the date of birth of such animal;

(b) the date of death of such animal;

(d) the date of transfer or departure of such animal from the farm or holding;

(e) any medical treatment of such animal, such as vaccinations, de-worming and dipping; and

(f) any withdrawal periods associated with the medical treatment of such animal.

(3) An owner of an animal shall, within seven days of any changes in information under subregulation (2), update the database accordingly.

7. Registration of holdings

(1) The Director shall—

(a) register a holding in accordance with the provisions of regulation 5(1);

(b) carry out annual inspections of holdings which shall cover at least three percent of the registered holdings where selection of those holdings shall be risk based;

(i) that there is notifications of events such as tagging, treatments, movements, ownership or transfer of animals,

(ii) that there is correct application of ear tags, and

(iii) that there is no tampering with ear tags.

(d) increase frequency of inspections of holdings where there is significant non-compliance, and the frequency of the inspections shall be determined by the level of non-compliance; and

(e) carry out on-spot or unannounced inspections of holdings.

(2) The Director shall, after registering a holding, issue the owner of a holding with a holding registration certificate set out in Form A in the Schedule.

(3) The Director may, where an owner of a holding which has been registered fails to maintain the minimum standards referred to in subregulation (1)(c)—

(a) terminate the registration of the holding; or

(b) temporarily stop the movement of an animal from leaving or entering the holding until the owner of the holding complies with the minimum standards referred to in subregulation (1)(c).

PART IV
Identification of animals, animal identification devices and manner of tagging animals

8. Identification of animals

(1) An animal shall be identified as follows—

(a) in relation to cattle—

(i) in accordance with the Branding of Cattle Act, and

(ii) by the use of an animal identification device approved by the Director, placed on the animal at birth or before such animal is six months old; and

(b) in relation to an ostrich, by the use of a registered holding of origin and an approved individual animal identification.

(2) The Director shall develop an animal identification system for any other stock as and when it is required.

(3) An owner or custodian shall not move an animal from one holding to another without having tagged such animal.

(4) An owner or custodian shall not tag or present an animal for identification if—

(a) the animal is unbranded;

(b) the brand mark of the animal is not the same as the one on the brand certificate of the owner of such animal;

(d) the animal is branded with an unauthorised mark;

(e) the animal is already identified with an animal identification device; or

(f) the animal is identified with the particulars of a different owner.

(5) An owner or custodian of an animal shall not move an animal from one holding to another unless the animal has been tagged using an approved identification tag or device and registered in the national database.

(6) The Director may, destroy without compensation, an animal if the keeper cannot prove its identification and traceability status and after conducting risk assessment on animal health and food safety, and establishing the possibility of a threat to human or animal health through—

(a) unidentified animals; or

(b) identified animals being moved through holdings without prescribed sanitary measures.

(7) Any person who contravenes these Regulations commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding five years, or to both.

9. Animal identification devices

(1) An animal identification device that may be used to identify the animal shall be as follows—

(a) a bolus;

(b) a digital ear tag; or

(2) A person shall not—

(a) import any animal identification device referred to in subregulation (1) without prior written consent of the Director; and;

(b) deal in any animal identification device unless the person submits the device to the Department for approval and registration.

(3) For the purposes of subregulation (2), “deal” includes but is not limited to manufacture, trade, distribution or storage of an animal identification device.

(4) Where an animal has been identified with an animal identification device and the animal loses the animal identification device or is suspected to have lost such animal identification device, the owner or custodian shall—

(a) report the loss of the animal identification device to any veterinary office or the nearest police station within seven days of becoming aware of the loss; and

(b) be required by the Director or a police officer to present evidence that the animal was previously identified with such animal identification device.

(5) An owner or custodian of an animal who finds or recovers his lost bolus or his lost animal identification device shall dispose of the bolus or animal identification device in an environmentally manner in accordance with the Environmental Assessment Act (Cap. 65:07).

(6) The Director may restrict the number of ear tags that a farmer can buy taking into account the actual need of the farmer at a particular time.

(7) A person shall not use an ear tag for any reason other than to satisfy the requirements of these Regulations.

(8) Any person who is found to have tampered with, replaced or removed, from an animal, or is found in possession of, a bolus or a registered animal identification device which he cannot account for, commits an offence.

10. Manner of tagging animals

(1) An owner of an animal may tag his animal in accordance with—

(a) the animal identification manner of tagging as provided under subregulation (3); and

(b) the category of such animal.

(2) An animal shall be identified—

(a) with a pair of tags made up of a digital and an analogue tag, both of which shall have a male and female unit; or

(b) if inserted with a bolus with an analogue ear tag.

(3) An owner of an animal shall tag his animal as follows—

(a) an ear tag under subregulation (2)(a) and subregulation (2)(b) shall be placed on each ear as follows—

(i) an analogue ear tag shall be placed on the right ear; and

(ii) a digital ear tag shall be placed on the left ear.

(b) an animal identification ear tag shall be placed in the centre or middle of an ear of an animal;

(c) an animal with an animal identification device which is a bolus shall be tagged with an analogue ear tag on the right ear;

(d) an analogue ear tag and of digital ear tag for an animal born in Botswana shall be yellow in colour;

(e) an analogue ear tag and a digital ear tag for an animal imported into Botswana shall be red in colour; and

(f) an analogue ear tag for an animal resident in a holding which is located in a foot and mouth disease sensitive area shall be marked in such a manner as may be determined by the Director.

(4) An owner or custodian of an animal who loses any ear tag shall—

(a) report the loss of the ear tag to the nearest veterinary office or the nearest police station within seven days of the loss; and

(b) present evidence to a veterinary officer or a police officer that the animal was previously identified with an ear tag.

(5) An owner or a custodian of an animal shall, after reporting the loss of an ear tag to a veterinary office or a police station—

(a) replace, where an animal has lost a pair of digital ear tags, a new pair of the digital ear tags;

(b) replace, where an animal has lost an analogue ear tag, the ear tag with a blank ear tag on which he shall write the number of the lost analogue ear tag and tag the animal; and

11. Use of ear tags

(1) An ear tag shall be linked to a particular keeper and holding at the time of buying or transfer.

(2) A person who uses an ear tag meant for one holding in a different holding commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding five years, or to both.

(3) A person shall not remove or cause to be removed, an ear tag of an animal from any infected area or place of isolation to a place outside such infected area or place of isolation.

(4) A person who contravenes the provision of subregulation (2) commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding five years or both.

12. Expiry of ear tags

(1) An owner or custodian of an animal shall apply an ear tag on an animal and subsequently capture it in the database within 14 days of purchase of an ear tag.

(2) An ear tag that has not been accordingly applied and captured into database at the end of 90 days after acquisition shall be deactivated.

PART V
Control of movement of imported animals

13. Control of movement of imported animals

(1) The Director shall, subject to the Act, designate ports of entry for the purpose of importation of any animal.

(2) While at the ports of entry—

(a) in the case of cattle, every imported cattle shall be branded by the owner with a NOEU brand on the right shoulder and with the importing owner’s brand before being inserted with bolus or any other animal identification device; and

(b) the Director shall issue the owner of an animal being imported with a stock movement permit for the owner to move the animal from the port of entry to the animal’s next destination.

(3) The cattle imported, branded with a NOEU brand and inserted with bolus or any other animal identification device at restricted ports of entry shall not be slaughtered at an export slaughter house.

(4) A stock movement permit referred to in subregulation (2)(b) shall be issued in the form of an electronic document from the stock and traceability system unless the Director directs otherwise.

PART VI
Management of animals for slaughter and inspection of export slaughter houses and abattoirs

14. Permit for submission of animals to export slaughter houses or abattoirs

An owner or custodian an animal shall not submit any animal to an export slaughter house or abattoir for slaughter, unless he has obtained a cattle removal permit from the Director in accordance with the Act.

15. Acceptance of animals at export slaughter houses or abattoirs

An owner of an export slaughter house or abattoir shall not accept any animal for slaughter unless the owner or custodian of an animal produces—

(a) the cattle removal permit referred to in regulation 13(b); and

(b) any other information that such owner of the export slaughter house or abattoir may be required by the Director to obtain from such owner or custodian.

16. Maintenance of traceability data by owners of export slaughter houses or abattoirs

An owner of an export slaughter house or abattoir shall keep and maintain, or cause to be kept and maintained, a register in which shall be recorded, the details of animals slaughtered in the export slaughter houses or abattoir, and in relation to cattle the following shall be abattoirs recorded—

(a) the name, address and identity card number of the owner;

(b) the individual animal identification number of the cattle;

(d) the brand of the cattle; and

(e) such other information as the Director may from time to time find necessary to record.

17. Inspection of export slaughter houses and abattoirs

The Director—

(a) shall visit and inspect all portions of an approved export slaughter house or abattoir to ensure that—

(i) the export slaughter house or abattoir conforms to the best practice or standard of hygiene, and

(ii) there is compliance with these Regulations and any other law; and

(b) may require to be furnished with copies of the animal identification and trace-back records, within such time as he may specify.

PART VII
General provisions

18. Product traceability

The Director shall require a business operator to—

(a) have in place systems and procedures to identify other businesses to which their animal products have been supplied;

(b) have in place a system that will trace back and trace forward every stage of production from reception to dispatch;

(d) meet, in respect of the export of meat or meat products, any requirements imposed by the importing country.

19. Information security

(1) The Director shall maintain the confidentiality of any information obtained through the stock identification traceability system.

(2) Notwithstanding subregulation (1), the Director shall disclose information regarding an animal or holding of an animal—

(a) to the public for the following purposes—

(i) public health and safety,

(ii) national security,

(iii) planning,

(iv) public welfare, and

(v) diseases or pest control; and

(b) to—

(i) a law enforcement officer, upon a written request by the law enforcement officer, for the purpose of a criminal investigation; and

(ii) the Director of Public Prosecutions, upon a written request by him, for the purpose of a criminal prosecution of a criminal matter.

(3) A person who alters or attempts to alter, deletes or tampers with the information on the stock identification trace-back system commits an offence.

20. Disclosure of official information

Any person who, contrary to these Regulations—

(a) discloses information acquired by him in the exercise of his powers or the performance of his duties; or

(b) permits access to information or records acquired under these Regulations by any person who is not authorised to access the information or records,

commits an offence.

21. Offences and penalties

Any person who contravenes any provision of these Regulations, where no penalty is provided, commits an offence and is liable to a fine not exceeding P5000 or to imprisonment for a term not exceeding five years, or to both.

22. Revocation of S.I. No. 12 of 2005

The Diseases of Animals (Livestock Identification and Trace-back) Regulations, 2005 are hereby revoked.

SCHEDULE

Form A

TELEPHONE: (267) 3689000 FAX: (267) 3903744		DEPARTMENT OF VETERINARY SERVICES PRIVATE BAG 0032 GABORONE
		Ver. 2015.01
CERTIFICATE OF REGISTRATION
This is to certify that: ‘holding name’
Operated by:____________________
Of Postal Address:_______________
_______________________________
_______________________________
_______________________________
Physical Location: In Extension Area:______________________________________

Sub-District:_________________________	District:_____________________
REG NO: ‘holding type’
Expiry Date: xx/xx/xxxx
In accordance with the Disease of Animals Act Cap. 37:01
The HOLDING is granted this certificate which will be reviewed each year for compliance with conditions as set out on the back of this certificate and reviewed from time to time by the Director of Veterinary Services.
___________________________
Signature Director of Veterinary Services		Date, xx/xx/xxxx

HOLDING REGISTRATION CERTIFICATE

(reg. 7(2))

Requirements

• All cattle coming into the holding should have been issued with a Stock movement permit from place of origin.

• All new arrivals must be reported immediately.

• Once all the cattle in a holding are arrived in the system, the 40/90 days residency will be monitored.

• All Herd cards and on-holding records must be kept up to date.

• All Stock health and mortalities must be reported to the Veterinary office with immediate effect.

• The Holding manager or custodian must co-operate with veterinary officials at all times.

• All Holding owners must familiarise themselves with the Department of Veterinary Services (DVS) regulations.

DECLARATION OF FOOT AND MOUTH DISEASE (INFECTED AREA) ORDER

(section 4)

(6th July, 2018)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of infected areas

3. Prohibition of movement of stock

S.I. 105, 2018.

1. Citation

This Order may be cited as the Declaration of Foot and Mouth Disease (Infected Area) Order.

2. Declaration of infected areas

The whole of Zones 2a, 2b, 2c, 2d, 2e, 2f, and 3d are hereby declared to be infected with foot and mouth disease.

3. Prohibition of movement of stock

Until further notice, the movement of any cloven hoofed animal and its products into or out of areas specified under paragraph 2 is prohibited, except under a permit issued by a veterinary officer.

DECLARATION OF AVIAN INFLUENZA (H5N1) (INFECTED AREA) ORDER

(section 4)

(29th October, 2021)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of infected area

3. Prohibition of movement of birds, poultry and ostrich or other ratites

S.I. 90, 2021.

1. Citation

This Order may be cited as the Declaration of Avian Influenza (H5N1) (Infected Area) Order.

2. Declaration of infected area

Veterinary disease control zones in the whole of Botswana are hereby declared to be infected with avian influenza (H5N1).

3. Prohibition of movement of birds, poultry and ostrich or other ratites

Until further notice—

(a) movement of wild or domestic birds and ostrich or other ratites, within and between veterinary disease control zones, is prohibited, except under and in accordance with a permit issued by a veterinary officer;

(b) commercial live birds may be moved within a veterinary disease control zone under and in accordance with a permit issued by a veterinary officer; and

DECLARATION OF FOOT AND MOUTH DISEASE (INFECTED AREA) ORDER 2022

(section 4)

(7th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of infected areas

3. Prohibition of movement of stock

S.I. 105, 2022.

1. Citation

This Order may be cited as the Declaration of Foot and Mouth Disease (Infected Area) Order.

2. Declaration of infected areas

The area bounded by the cordon fence along the Botswana and Zimbabwe border from Vakaranga to Dikgatlhong in the east, the cordon fence from Vakaranga to Bisoli Siding in the west and the cordon fence from Bisoli Siding to Dikgatlhong in the south is hereby declared to be infected with foot and mouth disease.

3. Prohibition of movement of stock

Until further notice, the movement of any cloven hoofed animal and its products into or out of the areas specified under paragraph 2 is prohibited, except under a permit issued by a veterinary officer.

DISEASES OF ANIMALS (SLAUGHTER OF CATTLE AND OTHER FOOT AND MOUTH DISEASE SUSCEPTIBLE STOCK IN THE CONTAINMENT ZONE) REGULATIONS

(section 19(a))

(24th March, 2023)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Establishment of containment zone

3. Slaughter of cattle and other foot and mouth disease susceptible stock in containment zone

4. Revocation of S.I. No. 12 of 2023

S.I. 22, 2023.

1. Citation

This Regulations may be cited as the Diseases of Animals (Slaughter of Cattle and Other Foot and Mouth Disease Susceptible Stock in the Containment Zone) Regulations.

2. Establishment of containment zone

The area bounded by Bisoli ranch to the south, Bisoli siding to Vakaranga cordon fence to the west and Vakaranga to Dikgatlhong border cordon fence to the east is hereby declared a containment zone.

3. Slaughter of cattle and other foot and mouth disease susceptible stock in containment zone

(1) Any cloven hoofed animal in the containment zone shall be slaughtered in the manner determined by the Director or a person authorised by the Director.

(2) A foot and mouth disease susceptible animal that is deliberately or negligently moved out of or into the containment zone shall be killed forthwith without compensation.

(3) Any cloven hoofed animal that remain in the containment zone 14 days after the last registered animal has been slaughtered shall be shot and registered as stray animal.

4. Revocation of S.I. No. 12 of 2023

The Diseases of Animals (Slaughter of Cattle and Other Foot and Mouth Disease Susceptible Stock in the Containment Zone) Regulations, 2023, are hereby revoked.