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Agriculture (Control of Animal Diseases) Regulations 1947

BERMUDA STATUTORY INSTRUMENT

AGRICULTURE (CONTROL OF ANIMAL DISEASES)
REGULATIONS 1947

[made under section 48 of the Agriculture Act 1930 [title 25 item 1] on 7 April 1947 and brought into operation on 23 May 1947]

ARRANGEMENT OF REGULATIONS


1 Interpretation

COMMUNICABLE ANIMAL DISEASES

2 List of communicable animal diseases

3 Reporting of infection

VETERINARY OFFICER

4 Duties of veterinary officer

5 Entry on premises

6 Inspection of vessel or air craft arriving in Bermuda

7 Placing animal in quaran tine

8 Vaccination or inoculation during outbreak

9 Public drinking troughs during outbreak

10 Tests

11 Destruction of carcass

12 Copy of permit for Direc tor

13 Obstruction an offence

SLAUGHTER AND DISPOSAL OF INFECTED ANIMALS

14 Order for slaughter

15 Burial

16 Disposal of hide

TUBERCULOSIS

17 Tuberculin test of dairy animal

18 Name and address of owner of dairy animal

19 Appointments for testing

20 Quarantine on reaction to test

21 Cleaning of premises after reaction to test

22 Slaughter after reaction to test

23 Disposal of carcass


24 Report by veterinary offi cer

25 Compensation

26 Holdback

27 Slaughtered animal found to be tuberculous

28 Certificate on sale or transfer of animal

29 Standard test

30 Restriction on use of bovine tuberculin

31 Voluntary tests

BANG'S DISEASE (CONTAGIOUS ABORTION, BRUCELLOSIS)

32 Reporting of calf at age 4 months

33 Vaccination of calves

34 Agglutination test

35 Blood samples

36 Certificate of immunity from Bang's disease

37 Slaughter of uncertified calves

ZERO GRAZING UNITS

38 Licence for zero grazing unit

39 Conditions for operation of zero grazing unit

RABIES

40 Suspected rabies

41 Veterinary practitioner suspecting rabies

42 Secure confinement for 12 days

43 Confinement of animal bitten

44 Confinement of dogs dur ing outbreak

INSPECTION

45 Veterinary officer to be allowed to inspect

46 Animal menacing health of other animals

47 Keeping in quarantine

48 Restriction of access to quarantined animal

49 Keeping other animals away

50 Feeding in quarantine

51 Cleansing of quarantine premises

52 Disinfection of persons

53 Conspicuous display of notice

54 Watchman

55 Vehicles used to transport animals must be kept clean

56 Disinfection of vehicle

IMPORTATION OF ANIMALS

57 Vessel or aircraft; proce dure

58 Landing of animal

59 Certificate of health

60 Segregation of imported animals

61 Dairy animal; certificate

62 Dairy animal; segregation

63 Horses; certificate

64 Pigs; certificate

65 Procedure on landing of pigs

66 Dogs and cats; certificate

67 Registration of kennels

68 Day old chicks; certificate

69 Poultry; certificate of vac cination


70 Poultry; certificate of flock origin

71 Minister may prohibit im portation of poultry

72 Parrots; special restriction

73 Parrots; certificate

74 Procedure if animal landed without certificate

75 Minimum size of crates for pigs and poultry

76 Prohibition of landing certain animal products

77 Identification of animals landed

78 Minister may prohibit im port or export of animals without his permission

BEES

79 Importation of bees

79A Control of bees diseases

79B Restrictions on beekeep ing

GENERAL

80 Use of force or other mea sures to ensure compli ance

81 Offences


Interpretation

1 In these Regulations, unless the context otherwise requires—

"animal" means any vertebrate or invertebrate animal, except fish as defined in the Fisheries Act 1972 [title 25 item 8];

"cattle" includes all bovine animals of the age of 10 months or over;

"communicable animal disease" means a disease mentioned in regulation 2;

"competent authority" means, in relation to any place from which an animal has been brought to Bermuda, any person autho rized by the law of that place to issue certificates as to the freedom from communicable diseases of the animal and as to the existence or absence of communicable animal diseases in any specified area in that place;

"confinement yard" means any open space, in which cattle are kept;

"infected" means infected with a communicable animal disease, and cognate expressions shall be construed accordingly;

"quarantine" means the isolation of an animal in any place, and of any premises, vessel, or aircraft or any portion thereof, in such manner and subject to such conditions as the Minister may approve;

"reacts", when used in any test to determine any infection, means reacts in such manner as to show infection, and cog nate expressions shall be construed accordingly;

"the Veterinary Officer" means the Government Veterinary Offi cer;

"veterinary practitioner" means a person registered as a veteri nary practitioner under the Agriculture Act, 1930 [title 25 item 1];

"zero grazing unit" means a confinement yard, building, or com plex of buildings or any combination of the foregoing in which cattle are kept or housed, and includes any land or building used for purposes ancillary thereto, which is defined in a li cence issued under Regulation 38.

COMMUNICABLE ANIMAL DISEASES

List of communicable animal diseases

2 The following diseases are hereby declared to be "communicable animal diseases" within the meaning of these Regulations, that is to say—

Lumpy jaw (Actinomycosis)

Anthrax (Charbon)

Brooder Pneumonia (Pneumonycosis or Aspergillosis)

Avian Lice

Avian Mites

Avian Tapeworms

Avian Tuberculosis

Coccidiosis

Bang's Disease (Contagious Abortion, Brucellosis)

Contagious Lymphangitis

Contagious Pneumonia

Canine (dog) Distemper and Hepatitis

Equine Distemper (Strangles in Horses)

Sleeping Sickness of Horses (Equine Encephalomyelitis)


Foot-and-Mouth Disease

Foot Rot

Fowl Cholera

Fowl Pox

Fowl Typhoid (Klein's Disease)

Glanders (Farcy)

Hog Cholera (Swine Plague)

Shipping Fever (Influenza, Catarrhal)

Laryngotracheitis

Psittacosis (Ornithosis)

Pullorum

Rabies (Hydrophobia)

Swamp Fever

Surra

Texas Fever (Tick, Southern Cattle Fever)

Tuberculosis

Verminous Bronchitis

Actinobacillosis

Tetanus

Leptospirosis (in all animals)

American Foulbrood

European Foulbrood

Sacbrood

Chalkbrood

Acarine Disease

Nosema

Swine Erysipelas

Virus diseases (other than those enumerated above)

Fungal infections

Any other disease or conditions communicable to man.

Reporting of infection

3 The owner of any infected animal or of any animal suspected of being infected, and any veterinary practitioner having knowledge of such infection or suspected infection, shall report the same forthwith to the Veterinary Officer or to the Director.

VETERINARY OFFICER

Duties of veterinary officer

4 The Veterinary Officer shall at all times take such measures as he may deem expedient and which are not inconsistent with these Reg ulations to control outbreaks of communicable animal disease.

Entry on premises

5 The Veterinary Officer for any purpose connected with the dis charge of his duties under these Regulations shall have the right to enter at all reasonable times on any premises used wholly or partially for the keeping or custody or slaughter of animals or for the storage or sale of the carcasses of animals or portions of such carcasses, and to remain on such premises for such time as may be necessary to carry out any of his duties under the Agriculture Act 1930 [title 25 item 1], or under these Regulations.

Inspection of vessel or aircraft arriving in Bermuda

6 The Veterinary Officer shall have the right to board and inspect any vessel or aircraft arriving in Bermuda in which animals are being imported.

Placing animal in quarantine

7 The Veterinary Officer shall have the right to place in quarantine any animal or premises, if in his opinion it is expedient so to do to con trol any communicable animal disease.

Vaccination or inoculation during outbreak

8 During the existence of any communicable animal disease in Bermuda the Veterinary Officer shall have the right to vaccinate, inocu late or otherwise treat, at public expense. all animals which in his opin ion are infected or may become infected with that communicable animal
disease.

Public drinking troughs during outbreak

9 During the existence of any communicable animal disease in Bermuda the Veterinary Officer may by order published in the Gazette or affixed to or near public drinking troughs prohibit the use of any or all public drinking troughs in Bermuda.

Tests

10 The Veterinary Officer shall have the right to make any scientific tests of any animal which he may deem to be necessary for the diagnosis of communicable animal disease.

Destruction of carcass

11 The Veterinary Officer shall have the right to order the destruc tion of the carcass, or portion of the carcass, of any, infected animal that has died or has been slaughtered or has been killed in any way.

Copy of permit for Director

12 Copies of all permits issued by the Veterinary Officer under these Regulations shall be forwarded monthly to the Director together with all certificates accompanying imported animals.

Obstruction an offence

13 Any person who hinders or obstructs the Veterinary Officer in the discharge of his duties under these Regulations shall be guilty of an offence against these Regulations.

SLAUGHTER AND DISPOSAL OF INFECTED ANIMALS

Order for slaughter

14 The Veterinary Officer may, with the previous sanction of the Di rector, order the slaughter of any infected animal.

Burial

15 Subject to these Regulations, the carcass of an animal which has died, or has been slaughtered, or has been killed in any way, and which immediately before its death had been infected with any communicable animal disease other than Bang's disease (brucellosis) shall be properly buried with at least two feet of earth above it and sufficiently covered with quicklime or other disinfectant, or shall be destroyed in such other way as the Veterinary Office may order.

Disposal of hide

16 Any hide, hoofs, head, or other part, offal or manure of an in fected animal shall be disposed of by the owner in such manner as may be ordered or approved by the Veterinary Officer.

TUBERCULOSIS

Tuberculin test of dairy animal

17 Every dairy animal shall be subject to a tuberculin test by the Veterinary Officer at least once in every calendar year and at such other times as may be required by these Regulations or by the Director.

Name and address of owner of dairy animal

18 Every owner of a dairy animal shall notify the Director of such ownership and of the owner's exact name and address.

Appointments for testing

19 The Director shall notify the owners of dairy animals of the days on which the Veterinary Officer will subject their animals to a tuberculin test and of the places at which such test will be carried out, and every owner shall have his dairy animals at such places upon such days.

Quarantine on reaction to test

20 When a dairy animal reacts to a tuberculin test the premises on which the animal is kept and all other dairy animals kept on the same premises shall be placed in quarantine, and such other dairy animals shall be subjected to a tuberculin test every sixty days until three tests have been made to which the animal does not react.

Cleaning of premises after reaction to test

21 When a dairy animal which has reacted to a tuberculin test has been on any premises since it was last subjected to a tuberculin test the owner of such premises shall to the satisfaction of the Veterinary Offi cer—

(a) clean all barns and yards and all feed and water troughs on such premises;

(b) wash all barns with a limewash in which carbolic acid has been incorporated;

(c) wash out all feed and water troughs with a strong lye solution and rinse such troughs with a suitable disin-
fectant solution; and

(d) fill in with gravel, sand or other suitable material all muddy or damp areas surrounding water troughs.

Slaughter after reaction to test

22 (1) When a dairy animal reacts to a tuberculin test it shall be slaughtered as soon as possible,

(2) The animal shall not be moved from the premises on which it then is except to be taken directly to the place of slaughter where it shall be slaughtered within eight hours after its arrival.

Disposal of carcass

23 (1) The carcass of a dairy animal which has been slaughtered because it has reacted to a tuberculin test shall be examined by the Vet erinary Officer and, if so required by the owner of the carcass, by another veterinary practitioner, and the Veterinary Officer shall either pass or condemn it ill whole or in part.

(2) No portion of the carcass shall be sold or otherwise dis posed of unless it has been passed by the Veterinary Officer.

Report by veterinary officer

24 The Veterinary Officer shall make a written report on the carcass of every dairy animal which has been slaughtered by reason of its reac tion to a tuberculin test and shall supply the owner of the animal with a copy of the report.

Compensation

25 Such compensation, not exceeding one hundred and twenty dollars, as may be determined by the Veterinary Officer and approved by the Director shall be paid out of the Consolidated Fund to the owner of any dairy animal which is slaughtered by reason of its reaction to a tu berculin test.

Holdback

26 When the owner of a dairy animal in respect of which compen sation is payable under regulation 25 is also the owner of premises which became subject to regulation 21 because of the presence thereon of the particular animal, no compensation shall be paid to such owner in respect of the slaughter of that animal until the Veterinary Officer issues a certificate to the effect that all regulation 21 have been complied with in respect of such premises.

Slaughtered animal found to be tuberculous

27 (1) When a slaughtered dairy animal is found by the Veterinary Officer to have been infected with tuberculosis he shall notify the Direc tor, who shall ascertain all the premises upon which such animal has been kept since it was last subjected to a tuberculin test and shall re quire the Veterinary Officer to test, and the Veterinary Officer shall forthwith test, all the dairy animals upon those premises.

(2) When a slaughtered dairy animal is found by the Veterinary Officer to have been infected with tuberculosis he shall either pass or condemn, in whole or in part, the carcass of such animal. No portion of the carcass shall be sold unless it has been passed by the Veterinary Of ficer. No compensation shall be payable in respect of such animal.

Certificate on sale or transfer of animal

28 No person shall sell or otherwise transfer and no person shall purchase or otherwise acquire any dairy animal above the age of eight months (except for immediate slaughter) unless at the time of the trans action there is produced to the purchaser or transferee by the seller or transferor a certificate given by the Veterinary Officer certifying that the animal was subjected to a tuberculin test within a period of three months before the date of the transaction and was found to be free from tuberculosis.

Standard test

29 The standard test used for the testing of dairy animals for tuber culosis shall be the intradermal tuberculin test, but if in any particular case that test is inconclusive then subcutaneous tuberculin may be used.

Restriction on use of bovine tuberculin

30 No bovine tuberculin shall be used for any test under these Reg ulations except bovine tuberculin supplied by the Director.

Voluntary tests

31 (1) Where an owner desires to have his dairy animals subjected to a tuberculin test more frequently than is required under these Regu lations the Director shall provide the veterinary practitioner ordinarily attending such animals with sufficient tuberculin for making such tests.

(2) After making the tests the veterinary practitioner shall re-
port to the Director in writing in such form as the Director may require, the name and address of the owner, the ear tag number and description of the dairy animal tested, the date upon which the test was made, and the result of the test, and shall sign such report,

BANG'S DISEASE (CONTAGIOUS ABORTION, BRUCELLOSIS)

Reporting of calf at age 4 months

32 The owner of any calf shall notify the Director when the calf reaches the age of four months, and shall state in such notification his full name and address and the address of the place where the calf is be ing kept.

Vaccination of calves

33 (1) Upon receiving the notification mentioned in regulation 32, the Director—

(a) shall notify the owner of the calf that the calf is to be vaccinated against Bang's disease (contagious abortion, brucellosis) by the Veterinary Officer at a time and place specified in the notice; and

(b) shall cause the Veterinary Officer to attend at that time and place to carry out the vaccination.

(2) The owner of the calf shall cause the calf to be available for vaccination at the time and place which is notified to him by the Direc tor.

Agglutination test

34 The Veterinary Officer, on a date between thirty and sixty days after a calf has been vaccinated or revaccinated—

(a) shall take a sample of blood from the calf; and

(b) shall test the blood by means of an agglutination test.

Blood samples

35 The Director shall notify the owner of any calf which has been vaccinated or revaccinated as aforesaid of the time and place where the sample of blood will be taken, and the owner of the calf shall cause the calf to be available at that time and place.

Certificate of immunity from Bang's disease

36 In any case—

(a) where after vaccination an agglutination test shows by strong positive effect that the calf is immune from infec tion by Bang's disease (contagious abortion, brucellosis), then in any such case the Veterinary Officer shall give the owner of the calf a certificate to that effect (hereinafter in these Regulations referred to as a certifi cate of immunity);

(b) where after vaccination an agglutination test does not show a strong positive effect then in any such case the calf shall be revaccinated and a procedure similar to that mentioned in regulations 33, 34 and 35 shall be followed in respect to the revaccination of the calf;

(c) where any calf has been revaccinated and an agglutina tion test shows a strong positive effect as mentioned in paragraph (a), then in such case the Veterinary Officer shall give the owner of the calf a certificate of immunity in respect of the calf;

(d) where any calf has been revaccinated and an agglutina tion test does not show a strong positive effect, then in any such case notwithstanding anything in this regula tion, the calf shall be deemed to be naturally immune from infection by Bang's disease (contagious abortion, brucellosis), and the Veterinary Officer shall give the owner of the calf a certificate of immunity in respect of the calf.

Slaughter of uncertified calves

37 In any case where a calf reaches the age of eight months and no certificate of immunity has been issued in respect of the calf by reason of a failure on the part of the owner to comply with foregoing provisions of these Regulations, then in any such case the Director may order the calf to be slaughtered, and in such case no compensation shall be payable to the owner of the calf.

ZERO GRAZING UNITS

Licence for zero grazing unit

38 (1) No confinement yard, building or complex of buildings or land adjacent thereto shall be used as a zero grazing unit unless such confinement yard, building, or complex of buildings and land have been
licensed by the Minister as a zero grazing unit.

(2) A licence under this regulation shall define the limits of the zero grazing unit to which it refers and no land or buildings outside those limits shall constitute part of the zero grazing unit.

(3) An application for a licence under this regulation shall be in writing and shall be accompanied by—

(a) a plan drawn to a scale of not less than one inch to eight feet showing—

(i) the location of the proposed zero grazing unit and the land or buildings used for purposes an cillary thereto;

(ii) the nature and size of the confinement yard or buildings forming part of the proposed zero grazing unit;

(iii) the extent of the proposed zero grazing unit;

(b) a declaration by the applicant that the proposed zero grazing unit is not, or shall not, be operated or used in contravention of the provision of Regulation 39;

(c) such further information as the Minister may require.

(4) The Minister may, if satisfied that the confinement yard, buildings and land proposed for the zero grazing unit are suitable for the purpose and that no health hazard or nuisance will arise from their use as a zero grazing unit either—

(a) grant the application made under paragraph (3); or

(b) grant such application subject to such conditions or limitations as the Minister may consider expedient and as are specified in the licence;

and in any other case shall refuse the application.

(5) Where it appears to the Minister that a zero grazing unit is being operated or used in contravention of the conditions or limitations imposed in a licence issued under this regulation or in contravention of regulation 39 the Minister may revoke such licence:

Provided that before so revoking any such licence the Minister shall give notice to the person to whom such licence was issued of his intention to consider whether such licence should be revoked specifying in such notice the contraventions which have been brought to the atten tion of the Minister and the Minister shall take into consideration any representation made by or on behalf of such person.

(6) Every licence issued under this regulation shall specify whether the zero grazing unit to which it applies is of the free stall type or the stanchion stall type for the purposes of these Regulations and such specification shall be conclusive for the purposes of these Regula tions,

Conditions for operation of zero grazing unit

39 (1) No person shall cause or permit the operation or use of a zero grazing unit which does not conform to or is otherwise not in com pliance with, the provisions set out in this regulation.

(2) Not more than 300 head of cattle shall be kept in a zero grazing unit at any one time.

(3) Each animal kept in a confinement yard forming part of a zero grazing unit shall have—

(a) a minimum of 30 square feet of floor space for a resting area; and

(b) a minimum of 70 square feet of floor space for exercise.

(4) Each animal housed in a zero grazing unit of the free stall type shall have—

(a) a minimum of 30 square feet of floor space for a resting stall; and

(b) a minimum of 70 square feet of floor space for exercise; and

(c) a minimum of 1000 cubic feet of air space.

(5) (a) each animal housed in a zero grazing unit of the stan chion stall type shall have—

(i) a minimum of 32 square feet of floor space in the stanchion stall; and

(ii) a minimum of 320 cubic feet of air space in the stanchion stall;

(b) there shall be provided adjacent to every zero grazing unit of the stanchion stall type an exercise yard with a minimum floor space of 35 square feet for each animal housed in such zero grazing unit and subject to sub-
paragraph (c) each such animal shall be allowed to spend a minimum of 1 hour each day in the exercise yard.

(c) The density of animals in the exercise yard provided in accordance with sub-paragraph (b) at any one time shall not exceed one animal for each 75 square feet of floor space of the exercise yard.

(6) In each zero grazing unit there shall be provided a separate building for the housing of sick cattle—

(a) containing a separate stall for each sick animal;

(b) containing enough box stalls each of a size not less than 80 square feet to house 5 per centum of the total num ber of animals and enough tie stalls to house 5 per centum of the total number of animals housed in the zero grazing unit;

(c) having a floor constructed of concrete;

(d) having an adequate source of clean water for cleaning floors and walls of the building:

Provided that such building shall have no ventilation, drainage, or other facility connected with that of the other buildings or confinement yards of the zero grazing unit.

(7) All parts of the zero grazing unit in which cattle are kept or moved, with the exception of resting areas so designated in the licence, shall have a concrete surface which shall be kept clean at all times and, without prejudice to the generality of the foregoing provisions, all parts of the perimeter of the zero grazing unit over which cattle are moved shall have a concrete surface to a distance of 8 feet from the main wall of any building in which cattle are normally housed.

(8) No cattle, sheep, swine, horses, goats or poultry, other than cattle regularly kept therein, shall be kept within 100 feet of a zero graz ing unit without the permission in writing of the Director or otherwise than in accordance with such conditions as may be specified therein.

RABIES

Suspected rabies

40 Every person having in his possession or care an animal which he knows or suspects to be infected with rabies shall immediately con fine such animal and notify the Veterinary Officer or the Director.

Veterinary practitioner suspecting rabies

41 Every veterinary practitioner who knows or suspects that an animal which he has been called to treat is infected with rabies shall immediately cause such animal to be confined and shall notify the Vet erinary Officer or the Director.

Secure confinement for 12 days

42 (1) Every animal known or suspected to be infected with rabies shall be securely confined in a place where it cannot be approached by other animals for a period of twelve days following the demonstration of symptoms of a rabid nature.

(2) If at the end of this period the animal is still alive it shall be deemed not to be suffering from rabies.

(3) If, however, the animal dies during this period the Veteri nary Officer shall forward the head together with the brain, or the brain removed from the head, to a laboratory approved by the Director for ex amination for negri bodies.

Confinement of animal bitten

43 (1) Every person having in his possession or care an animal which he knows to have been bitten or suspects of having been bitten by a rabid or suspected rabid animal shall immediately confine such animal and notify the Veterinary Officer or the Director.

(2) Such animal shall be kept in confinement until a positive or negative diagnosis of rabies has been made by the Veterinary Officer.

(3) Where a positive diagnosis of rabies is made the animal shall be destroyed.

(4) Where a positive diagnosis is not made in the case of such animal, but where the animal by which it was bitten or was suspected to have been bitten died within the period referred to in regulation 38 with out negri bodies being subsequently found in its brain, such first-men tioned animal shall remain in confinement for twelve weeks from the day upon which it was bitten or was suspected to have been bitten, or shall be destroyed if the owner so desires.

Confinement of dogs during outbreak

44 (1) When the Director knows or suspects that there is a case of rabies in Bermuda the Governor may cause a notice to that effect to be
published in the Gazette and thereupon every person having a dog in his possession or care shall confine such dog in a place in his own premises where no other animal can approach it.

(2) Dogs confined under this regulation shall be kept in con finement for a period of six months or for such shorter period as may be required by the said notice or by any subsequent notice so published in the Gazette.

(3) During the period which dogs are required to be confined under this regulation any dog found at large, whether with a licence tag or not, shall be destroyed and no compensation shall be payable in re spect of such destruction.

INSPECTION

Veterinary officer to be allowed to inspect

45 Every owner and every person having charge of animals, or of carcasses of animals intended for consumption, or of premises used wholly or partially for the keeping or custody of animals or for the slaughter of animals or for the storage or sale of carcasses of animals shall, at all reasonable times, afford every facility to the Veterinary Offi cer for the inspection of such animals, carcasses or premises for the purpose of the diagnosis or control of communicable animal diseases.

Animal menacing health of other animals

46 No person shall keep any animal in such conditions or sur roundings, in the opinion of the Veterinary Officer, as to constitute a menace to the health of other animals or of human beings.

Keeping in quarantine

47 Every person having in his possession or care any animals which have been placed in quarantine by the Veterinary Officer shall segregate infected, suspected and healthy animals in such a manner as the Veteri nary Officer may order; and no person shall, except with the permission in writing of the Veterinary Officer, remove any animal from any shed, building, enclosure, yard or premises in which it has been placed or kept for the purpose of quarantine or segregation by the direction or order of the Veterinary Officer.

Restriction of access to quarantined animal

48 Every person who has in his possession or care any animals or who owns or has charge of any premises, which have been placed in quarantine by the Veterinary Officer, shall, so far as is practicable, pre vent all persons other than the Director, the Veterinary Officer and such persons as may be authorized in that behalf by the Director or the Vet erinary Officer from having access to such animals or premises.

Keeping other animals away

49 (1) Every person having in his possession or care any animals or owning or having charge of any premises, which have been placed in quarantine by the Veterinary Officer, shall, so far as is practicable, pre vent all other animals from having access to such animals or from com ing on such premises, and the owners or persons having the care of other animals from going on such premises.

(2) The Veterinary Officer may order that any animals which have gone on such premises be placed in quarantine or be cleansed or disinfected to his satisfaction.

Feeding in quarantine

50 The attendance on and the watering and feeding of animals which have been placed in quarantine shall be carried out in such man ner as the Veterinary Officer may order.

Cleansing of quarantine premises

51 Every person owning or having charge of any premises which have been placed in quarantine or upon which there are any animals which have been placed in quarantine shall keep thoroughly clean the stalls, enclosures, yards, slaughterhouses, racks, feeding boxes and troughs and all other articles in use on the premises, and shall disinfect such premises and their surroundings in such manner and with such materials as may be ordered or approved by the Veterinary Officer.

Disinfection of persons

52 No person engaged in the care, slaughter or burial of any animal on any premises which have been placed in quarantine shall leave such premises until he has taken such measures to clean and disinfect him self as the Veterinary Officer may direct.

Conspicuous display of notice

53 The occupier of premises placed in quarantine shall keep con spicuously displayed thereon a written or printed notice to that effect.

Watchman

54 The Veterinary Officer may, with the sanction of the Director,
employ a watchman on any premises under quarantine.

Vehicles used to transport animals must be kept clean

55 All vehicles used for the transportation of animals shall be kept in a clean and sanitary condition.

Disinfection of vehicle

56 When a vehicle has been used to transport an animal known to be or suspected of being infected with an infectious animals disease the vehicle shall be thoroughly cleansed and disinfected before leaving the premises where such animal has been left.

The person in charge of the vehicle at the material time shall be liable in case of any contravention of this regulation.

IMPORTATION OF ANIMALS

Vessel or aircraft; procedure

57 Where any vessel or aircraft by which animals are being im ported arrives in Bermuda—

(a) the agents or owners of the vessel or aircraft shall notify the Veterinary Officer or the Director of the fact that animals are being imported by such vessel or aircraft;

(b) the master or captain and the agents or owners of such vessel or aircraft shall afford every facility to the Veteri nary Officer for the proper inspection of such animals;

(c) the Veterinary Officer may place in quarantine such ves sel or aircraft or any portion thereof as he may deem necessary for preventing the introduction or spread of any communicable animal disease, and such vessel or aircraft or portion thereof shall remain in quarantine during such period as the Veterinary Officer may direct;

(d) the master or captain of such vessel or aircraft shall carry out such written directions as he may receive from the Veterinary Officer with respect to such quarantine; and

(e) the master or captain of such vessel or aircraft shall take such measures as the Veterinary Officer may direct for the cleaning and disinfection of all stalls and boxes in, and of any portion of, the vessel or aircraft used for the transportation of animals.

Landing of animal

58 (1) No animal shall be landed in Bermuda except with the per mission in writing of the Veterinary Officer.

(2) Where an animal is landed in Bermuda in contravention of paragraph (1), then—

(a) the owner, the agent and the master of the ship; or

(b) the owner, the agent and the commander of the aircraft,

from which such animal is landed shall be deemed to have authorized such landing.

(3) In this regulation, "agent" in relation to a ship or aircraft, means the agent in Bermuda for the owner of the ship or aircraft.

Certificate of health

59 The Veterinary Officer shall not give the permission referred to in regulation 58 unless he is satisfied by the certificate of a competent au thority or otherwise that the animal is not infected with a communicable animal disease and that the area from which it came is not infected with foot-and-mouth disease.

Segregation of imported animals

60 All animals landed in Bermuda shall be segregated in a manner satisfactory to the Veterinary Officer for such time as he may require, and shall be liberated from such segregation only with the permission in writing of the Veterinary Officer.

Dairy animal; certificate

61 (1) No dairy animal shall be landed in Bermuda unless it is ac companied by a certificate issued by a competent authority to the effect that the animal is not infected with any communicable animal disease, and is from an area not infected with foot-and-mouth disease, and in ad dition it shall be accompanied by a certificate that it was successfully vaccinated against Bang's disease as a calf (between the ages of four and eight months) and in the case of cows and heifers that it has been sub jected to the agglutination test and found negative within thirty days prior to shipment:

Provided that the Veterinary Officer may by permission in writing authorize the landing in Bermuda of a dairy animal which is not


accom panied by a certificate as aforesaid relating to vaccination against Bang's disease, or, as the case may be, relating to an agglutination test.

(2) In any case where a dairy animal is landed in Bermuda un der the authority of a permission in writing granted under the proviso to paragraph (1), the dairy animal shall be vaccinated against Bang's dis ease—

(a) within such reasonable time of its landing as the Veteri nary Officer may determine; and

(b) in such manner and subject to such conditions as the Veterinary Officer may in the circumstances require;

and in any case where a dairy animal landed as aforesaid is not vacci nated accordingly, the Director may order the dairy animal to be slaughtered and in such case no compensation shall be payable to the owner of the dairy animal.

Dairy animal; segregation

62 (1) Every dairy animal on arrival in Bermuda shall be segre gated in such manner as the Veterinary Officer shall direct and shall be subjected to the agglutination test for Bang's disease.

(2) The dairy animal shall also be subjected to a tuberculin test unless the Veterinary Officer is satisfied by a certificate issued by a com petent authority that it has been tested and found negative within ninety days prior to shipment.

(3) If a positive reaction to either test is obtained the animal, except a vaccinated bull reacting to the agglutination test, shall be forthwith shipped from Bermuda or slaughtered, as the owner may pre fer, no compensation being payable in either case.

Horses; certificate

63 No horse shall be landed in Bermuda unless accompanied by a certificate issued by a competent authority to the effect that it has passed an ophthalmic test showing it to be not infected with glanders within ten days prior to shipment and that it is not infected with any other communicable animal disease and is from an area not infected with foot-and-mouth disease.

Pigs; certificate

64 No pig shall be landed in Bermuda unless it is accompanied by a certificate issued by a competent authority that—

(a) it is not infected with any communicable animal disease and is from an area not infected with foot-and-mouth disease, hog cholera and swine plague; and

(b) that it has been vaccinated with anti-hog cholera serum within the ten days immediately prior to the date of shipment.

Procedure on landing of pigs

65 In all cases where pigs are landed in Bermuda—

(a) the pigs shall be conveyed by the importers or their agents or servants from the dock to their destination in suitable vehicles and such vehicles shall be disinfected to the satisfaction of the Veterinary Officer before being used again for any purpose whatsoever;

(b) the pigs shall forthwith be segregated in such manner and for such time as the Veterinary Officer may direct and shall not be liberated from such segregation except with the permission in writing of the Veterinary Officer;

(c) the pigs shall be disinfected by the importers or their agents or servants to the satisfaction of the Veterinary Officer within the three days next following the date upon which they were landed in Bermuda.

Dogs and cats; certificate

66 (1) No dog or cat shall be landed in Bermuda unless it is ac companied by a certificate of a competent authority identifying the dog or cat by reference to its breed, sex, age and colour and certifying that—

(i) it is not infected with any communicable disease or carrying any external parasite;

(ii) it has not, as far as is ascertainable by reasonable enquiry, been infected by or exposed to rabies, and has not in the last six months been present in an area outside Bermuda that was at the time—

(a) quarantined by a competent authority in the country in question; or

(b) declared by the Director by notice published in the Gazette to be a rabies-infected area; and

(iii) it has, since attaining the age of three months, been twice vaccinated with anti-rabies vaccine (of a type specified in the certificate) in
accordance with the following requirements—

(a) the second vaccination must have been done not less than six months, nor more than twelve months, after the first vaccination; and

(b) the second vaccination must have been done not less than one month, nor more than twelve months, before the dog or cat arrived in Bermuda:

Provided that where the dog or cat is one that is landed direct from the United Kingdom, Australia, New Zealand or Jamaica the certifi cate accompanying the dog or cat need not certify as specified in para graph (iii).

(2) The owner shall isolate the dog or cat if in the opinion of the Veterinary Officer isolation is necessary.

[Regulation 66 amended by BR 49/1994 effective 1 January 1995]

Registration of kennels

67 (1) No person shall, for reward, maintain, operate or manage kennels for the breeding or boarding of dogs unless such kennels shall have been registered with the Minister and there is in force a valid cer tificate of registration in respect thereof.

(2) Any person wishing to register kennels for the purposes re ferred to in paragraph (1) shall submit to the Minister an application in writing specifying the proposed location of the kennels and the breed of dogs to be maintained therein, together with a statement of the general purpose for which the kennels are to be maintained.

(3) An Officer of the Department of Agriculture and Fisheries [sic] shall have the power at all reasonable times to inspect the premises in which any kennels referred to in paragraph (1) are maintained, or are to be maintained, for the purpose of determining the standard of general efficiency and hygiene relating to the maintenance of such kennels.

(4) Upon being satisfied in respect to the standards referred to in paragraph (3), the Minister may register any kennels for a period of one year and the Director shall issue to the applicant a certificate of such registration which may be renewed from time to time:

Provided always that the Minister shall have the power at any time to revoke such registration on the grounds of a deterioration in the standards of efficiency or hygiene.

Day old chicks; certificate

68 All day-old chicks landed in Bermuda must be certified by a competent authority to be not infected with pullorum disease.

Poultry; certificate of vaccination

69 All half-grown or adult poultry landed in Bermuda must have been vaccinated against both fowl pox and laryngotracheitis before leav ing the country of origin and must be accompanied by a certificate to this effect issued by a competent authority.

Poultry; certificate of flock origin

70 All poultry landed in Bermuda must be accompanied by a certifi cate to the effect that the birds came from flocks which are not infected with the following diseases, that is to say, coccidiosis, fowl typhoid (Kleins disease) fowl pox, laryngotracheitis, fowl cholera, avian tubercu losis, aspergillosis (pneumonycosis or brooder pneumonia) and avian lice, mites and tapeworms.

Minister may prohibit importation of poultry

71 If an outbreak of any of the diseases mentioned in regulation 70 occurs in an area outside Bermuda the Minister may prohibit the im portation of any poultry from that area until the infection has subsided.

Parrots; special restriction

72 No parrot, parrakeet or other psittacine bird (member of the par rot family) shall be landed in Bermuda unless it has been subjected to the complement-fixation test for psittacosis (ornithosis) within ten days before leaving the country of origin and has proved to be not infected with that disease.

Parrots; certificate

73 No parrot, parrakeet or other psittacine bird shall be landed in Bermuda unless it is accompanied by a certificate issued by a competent authority that it is not infected with any communicable diseases of psittacine birds and that the place of origin is also not infected with any such diseases.

Procedure if animal landed without certificate

74 (1) If any animal arriving in Bermuda is not accompanied by a certificate as required by any of the foregoing regulations the Veterinary Officer may direct the owner to cause the animal to be immediately re turned to the port whence it came, or may permit such animal to be landed under the following conditions—

(a) the animal shall be segregated for such time and in


such manner as the Veterinary Officer may direct and shall be subject to such scientific tests and treatment as the Vet erinary Officer may consider necessary, and the owner shall be liable to pay for the cost of such segregation, tests or treatment;

(b) if after tests such animal is found to be infected and is slaughtered by order of the Veterinary Officer the owner

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thereof shall not be entitled to any compensation.

(2) Without prejudice to any other liability incurred under these Regulations, in any case where the owner of an animal fails to comply with the direction of the Veterinary Officer to cause the animal to be immediately returned to the port whence it came in accordance with paragraph (1), then the Veterinary Officer may order the animal to be slaughtered and the owner thereof shall not be entitled to any compen sation,

Minimum size of crates for pigs and poultry

75 (1) Crates in which live pigs are imported shall not be less than eight inches higher in inside measurement than the animal or animals contained therein, and shall provide equivalent space in breadth and length.

(2) Crates in which live poultry are imported shall be not less than two inches higher in inside measurement than the tallest bird con tained therein.

Prohibition of landing certain animal products

76 (1) The landing in Bermuda of any animal product shall be prohibited if such animal product originates or is landed direct from any South American or other country where foot-and-mouth disease is en demic.

(2) The landing in Bermuda of bedding, hay, feed or manure of animals imported into Bermuda shall be prohibited if the Veterinary Offi cer certifies that in his opinion such bedding, hay, feed or manure is likely to be a source of infection.

(3) For the purposes of paragraph (1) the expression "animal product" includes meat and meat products which are not cooked and canned, hair, hides and wool.

Identification of animals landed

77 (1) All animals landed in Bermuda shall be properly and clearly identified, on the certificates accompanying them.

(2) Cattle shall be described in such certificates singly and as completely as possible and the ear tag number and tattoo marks in the ears shall be set out therein.

(3) Horses shall be described in such certificates as completely as possible.

(4) Pigs shall be tattooed in the ear or ears as a means of iden tification and the tattoo marks shall be set out in such certificates to gether with particulars of the breed and other information or remarks appertaining to them.

Minister may prohibit import or export of animals without his per mission

78 The Minister may at any time prohibit the importation or expor tation of any animals except with the permission in writing of the Minis ter.

BEES

Importation of bees

79 (1) Subject to this regulation, no person shall import into Bermuda—

(a) any packaged bees or bees on comb;

(b) any queen bees except queen bees that are accompanied by a certificate given by a competent authority of the place from which they are imported and certifying that the queen bees are not infected with American foul brood, European foulbrood nor any other communicable diseases of bees.

(2) In this regulation "competent authority" means, in relation to any place from which queen bees are imported into Bermuda, any person authorized by the law of that place to issue certificates as to the freedom from disease of bees.

(3) Nothing in the foregoing provisions of this regulation shall prohibit or restrict the importation into Bermuda by the Minister of any packaged bees, bees on comb, or queen bees.

Control of bees diseases

79A (1) The Director or an authorized officer of the Department may inspect any beehive, comb, beekeeping equipment or honey to determine the presence of diseases of the honey bee and shall have authority to re quire treatment to be provided for the prevention of the spread of any communicable disease including the destruction of any infected colony, comb, beekeeping equipment or honey where he deems such destruction to be essential to disease control.

(2) Where the Director or an authorized officer deems the de struction of any colony comb, beekeeping equipment or honey to be es-


sential, he shall by notice in writing require the owner thereof to cause such destruction to be effected within five days of the date of such no tice.

(3) If the owner fails to comply with a requirement under para graph (2) within the time specified therein, the Director or an authorized officer of the Department shall cause any colony, comb, beekeeping equipment or honey which is the subject of such requirement to be de stroyed.

(4) The destruction of any colony, comb, beekeeping equipment or honey shall be carried out in the manner prescribed by the Director and shall be supervised by the Director or an authorized officer of the Department.

(5) No compensation shall be paid to an owner of any colony, comb, beekeeping equipment or honey destroyed in pursuance of the powers conferred under this Regulation.

Restrictions on beekeeping

79B (1) No person shall keep bees except in hives of such construc tion that the frames and combs may be removed without damage to the brood.

(2) No person shall transport, move, sell or offer for sale any colony of bees, used combs, used beekeeping equipment or honey which he has reason to believe to be capable of disseminating a communicable disease.

(3) No person shall expose in any place to which bees have ac cess any bee products, hive, beekeeping equipment or honey in such manner that a communicable disease may be disseminated.

GENERAL

Use of force or other measures to ensure compliance

80 The Director and any person authorized by the Director in that behalf may take such measures (including the use of force) as may be necessary to secure compliance with regulations 8, 10, 11, 14, 15, 16, 21, 22, 37, 41, 42, 43, 44, 47, 48, 49, 51, 52, 57, 58, 60, 76 and 79 and with any order, instructions or condition lawfully made, given or imposed by any person under the authority of the regulations aforementioned.

Offences

81 Any person who contravenes any provision of these Regulations or any order, instruction, licence, condition of a licence, or condition lawfully made, given or imposed under the authority of these Regulations commits an offence against these Regulations and shall be triable and punishable as provided by the Agriculture Act 1930 [title 25 item 1]:

Provided that where a person engaged or employed in the administration of these Regulations omits to perform any duty imposed upon him as such the omission shall not constitute an offence against these Regula tions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Amended by


SR&O 24/1965
SR&O 22/1967
SR&O 91/1968
1968 : 166
SR&O 7/1970
SR&O 9/1976
BR 49/1994]


 


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