Legal Document

Title: Control and Diseases of Animals Act (66:02)
Type: Law
Issuing Agency: Ministry of Agriculture
Responsible Agency: Department of Animal Health (DAHLD)
Issuing Date: 29-12-1967
[Chap6602]CHAPTER 66:02
 
CONTROL AND DISEASES OF ANIMALS ACT
 
ARRANGEMENT OF SECTIONS
 
                           SECTION
 
 
                        1.              Short title
 
                        2.              Interpretation
 
                        3.              Diseased animals to be separated and notification made
 
                       4.               Power of Minister and others to make orders and declarations regarding infected areas, diseases and animals
 
                       5.               Provisions for infected areas
 
                       6.               Power of Minister to prohibit import or export
 
                       7.               Quarantine stations
 
                       8.               Power of Minister to make rules
 
                       9.               Slaughter
 
                     10.               Disposal of carcasses
 
                     11.               Indemnity and payment of compensation
 
                     12.               Power to enter and examine
 
                     13.               Power to detain vehicles and vessels
 
                     14.               Detention and arrest
 
                     15.               Obstruction
 
                     16.               Seizure of animals, etc.
 
                     17.               Forfeiture when offender not found and disposal of forfeited animals
 
                     18.               Complaints as to dogs
 
                     19.               Damages for injuries by dog
 
                     20.               Presumption of age
 
                     21.               Owner to produce dog for inspection
 
                     22.               Penalties
 
INDEX TO SUBSIDIARY LEGISLATION
 
Under Section 4
 
                                          Declaration of a Disease of Animals
 
                                          Declaration of Infected Areas
 
Under Section 6
 
                                          Animal (Import) Rules
 
                                         Under Section 8
 
                                         Animals Quarantine Rules
 
                                         Control and Diseases of Farm Animals Rules
 
                                         Dippig Rules
 
                                         Diseases of Animals Rules
 
                                         r. 24 Compulsory Dipping Notice
 
                                         r. 40 Prohibition of Treatment except by Veterinary Officers
 
                                         r. 48 Compulsory Reporting of Cattle Deaths Notice
 
                                         r. 49 Notification of Registers to be kept in certain Areas
 
                                         Diseases of Animals (Cattle) Rules
 
                                         r. 2 Compliance with Rules Notice
 
                                         Diseases of Animals (Destruction of Packing Litter) Rules
 
                                         Diseases of Animals (Veterinary Services Fees) Rules
 
                                         Diseases of Animals (Stock Route) Rules
 
                                         Eradication of East Coast Fever Rules
 
                                         Movement of Farm Animals Rules
 
                                         Prevention of Rabies Rules
 
                                         r. 8 Declaration of specified area
 
                                         Prevention of Trypanosomiasis Rules
 
                                         Swine Fever Rules
 
                                         Control and Diseases of Animals (Eradication of Bovine Tuberculosis) Rules
 
                                         Control of Dogs Rules
 
                                         Control of Dogs Rules (Application) Notice
 
41 of 1967
 
30 of 1969
 
G.N. 242/1969
 
143/1976
 
An Act to consolidate and amend the law relating to the control and diseases of animals
 
[29TH DECEMBER 1967]
 
[Ch6602s1]1.        Short title
 
                  This Act may be cited as the Control and Diseases of Animals Act.
 
[Ch6602s2]2.        Interpretation
 
                  In this Act—
 
                  “animal” means any bull, cow, ox, heifer, calf, sheep, goat, horse, mule, donkey, pig, domestic fowl and any game animal as defined in the definition of the expression “game” or “game animal” contained under the Game Act, any wild carnivore tamed and kept as a pet, guinea fowl, pigeon, peafowl, dog, cat and any other creature which the Minister has, by order under section 4, declared to be an animal for the purposes of this Act; Cap. 66:03
 
                  “carcass” means the carcass of an animal and includes part of a carcass, and the meat, bones, hide, skin, hoofs, horns or other part of an animal separately or otherwise or any portion thereof;
 
“disease” means anthrax, atrophic rhinitis of pigs, bovine and caprine pleuropneumonia, clostridial infections (including blackquarter), East Coast fever, epidemic tremor of chickens, foot and mouth disease, glanders and farcy, infectious cervico-vaginitis and epididymitis, lumpy skin disease, lymphangitis, mange, Newcastle disease of poultry, rabies, rinderpest, senkobo skin disease, sheep pox, swine erysipelas, swine fever, trypanosomiasis and tuberculosis and any other disease which theMinister has, by notice under section 4, declared to be a disease for the purposes of this Act;
 
                 “dog” means any quadruped of the species canis familiaris;
 
                 “infected area” means an area declared to be an infected area by an order made under section 4, in respect of which no declaration has been so made that the area is free from disease;
 
                 “inspector” means any Professional Officer, Technical Officer or Technical Assistant employed by the Department of Veterinary Services of the Government of Malawi;
 
                 “owner” in relation to a dog or other animal means any person in whose custody, possession or charge it is, also any person in whose house or premises it is kept or found unless such last-mentioned person shall prove that it does not belong to him and is not in his custody, possession or charge;
 
                 30 of 1969“veterinary officer” means an officer in the service of the Government who is a veterinary surgeon.
 
[Ch6602s3]3. Diseased animals to be separated and notification made
 
                 (1)        Every person having in his possession or charge an animal affected or suspected of being affected with disease shall—
 
                 (a)       keep such animal separate from animals not so affected or suspected, and cause the animal affected or suspected to be tied up, or put in an enclosed place; and
 
                 (b)        forthwith give notice of the fact of the animal being affected or suspected to the nearest inspector or police officer.
 
                 (2)        Any police officer so notified shall forthwith notify the nearest inspector, who shall give such directions and take such steps as may be necessary for the purpose of ascertaining the existence and nature of the disease, and on being satisfied that such disease exists he shall forthwith report the disease to the Chief Veterinary Officer.
 
[Ch6602s4]4. Power of Minister and others to make orders and declarations regarding infected areas, diseases and animals
 
                (1)        The Minister, the Chief Veterinary Officer, or any person duly authorized in writing by either of them, may at any time, by order made under his hand—
 
                (a)        declare any area within Malawi to be an infected area as regards any disease named in such order;
 
                (b)        extend, diminish or otherwise alter the limits of an infected area;
 
                (c)       declare an infected area to be free from disease;
 
               (d)        for the purpose of preventing disease, prohibit the removal of animals, or of any carcass, litter, dung or fodder from any area described in such order.
 
                Any such order made shall take effect immediately upon the signing thereof and shall as soon as practicable thereafter be published in the Gazette.
 
               (2)       The Minister may by notice declare any disease of animals to be a disease for the purposes of this Act.
 
               (3)        The Minister may by notice declare any animal to be an animal for the purposes of this Act.
 
[Ch6602s5]5. Provisions for infected areas
 
               (1)        The following provisions shall, in the absence of other provisions made by rules under this Act, apply to all infected areas as and when so declared under section 4—
 
               (a)        no person shall remove any animal from any one place in the infected area to any other place therein, without a written permit to do so from an inspector;
 
               (b)        no person shall remove any animal from any place in the infected area, to any place outside, without a written permit to do so from an inspector;
 
               (c)        a permit shall be in such form, and subject to such conditions, as the inspector shall deem proper, and the person to whom it is issued shall comply with such conditions;
 
               (d)       the holder of a permit shall produce the same for inspection on demand by an inspector, police officer above the rank of sergeant or any other person duly authorized by an inspectoror such police officer;
 
               (e)       the owner of any animals liable to be affected by the named disease in the infected area shall herd or keep them as far as reasonably practicable from any public road;
 
               (f)       the owner of any animal within the infected area shall, when required by an inspector, isolate such animal from other animals, or remove it from the infected area;
 
              (g)        no person shall leave the infected area without having complied with such reasonable precautions for preventing the spread of disease as may be required by an inspector;
 
              (h)       the owner of an animal dying from disease shall forthwith cause the carcass either to be buried at a depth of not less than four feet below the surface of the ground, or to be totally destroyed by burning.
 
             (2)       Any person who fails to comply with any of the provisions specified in subsection (1) or in any Rules shall be guilty of an offence.
 
[Ch6602s6]6. Power of Minister to prohibit import or export
 
              The Minister may, by an order made under his hand which shall take effect immediately and be subsequently published in the Gazette, prohibit, either indefinitely, or for such time as he may think fit, or may regulate the importation into Malawi of all animals, or any specified numbers or kinds of animals, or of carcasses, hides, skins, horns, hoofs, hair, wool, semen, litter, dung or fodder, from all places outside Malawi or from any specified country, territory or port, or the exportation thereof from Malawi.
 
[Ch6602s7]7. Quarantine stations
 
              The Minister may establish quarantine stations at such places as he may deem convenient, and may direct that any animals imported or in course of importation shall be placed therein for such period as he shall determine. The animals shall be placed in the quarantine stations in such manner, at such time, and subject to such supervision and be subjected to such tests, as the Minister shall direct, and shall be housed in sheds or other receptacles prepared by the Government or by the owners or consignees of the animals. All expenses incurred in connexion with the detention of such animals in quarantine shall be defrayed by the owners or consignees.
 
[Ch6602s8]8. Power of Minister to make rules
 
              The Minister may make rules for the better carrying into effect of this Act and in particular for all
or any of the following purposes—
 
              (a)       the prevention of, the introduction of, or spread of disease in Malawi;
 
              (b)        the control, isolation, muzzling, inoculation, seizure, detention, removal and slaughter of animals suffering or suspected to be suffering from any disease or known or suspected to have been in contact with diseased animals otherwise exposed to the infection or contagion of disease or of any dog;
 
              (c)        the manner in which any carcass is to be buried, destroyed or otherwise disposed of;
 
              (d)       prohibiting or regulating the movement of animals within Malawi;
 
              (e)        the destruction of buildings and places wherein animals suffering from any disease have been stalled or kept;
 
               (f)       the cleansing and disinfection of any public market, private auction or sale yard, railway premises, railway rolling stock or any vehicle, vessel or aircraft wherein any animal has been placed, kept or carried;
 
               (g)       the disinfection or treatment of all animals which have been in contact with diseased animals, or which have been in an infected area, and to amend generally or for any special purpose the provisions relating to infected areas contained in section 5;
 
               (h)       the disinfection of persons and their clothing coming into contact with or employedabout diseased or suspected animals;
 
               (i)        quarantine;
 
               (j)        limiting the compensation payable under section 11 in respect of any class of animals specified in the rule;
 
              (k)        the fees to be paid for any services rendered under this Act;
 
               (l)        authorizing the destruction of any dog or other animal unlawfully introduced into Malawi;
 
              (m)        providing for the registration of dogs throughout Malawi or in any particular area and prescribing the persons by whom such registration shall be carried out, the conditions to be complied with, the forms to be used, the badges to be issued and the fees to be paid, and any other matters or things in connection with such registration;
 
              (n)       providing for the compulsory immunization of dogs or other animals against rabies or any other disease throughout Malawi or in any particular area and prescribing the fees to be paid for such immunization.
 
[Ch6602s9]9. Slaughter
 
              A veterinary officer may cause to be slaughtered any animal affected, or suspected of being affected, with any disease, or any animal which has been in contact with a diseased animal, or has been otherwise exposed to the infection or contagion of disease.
 
[Ch6602s10]10. Disposal of carcasses
 
             (1)        Subject to any rules made by the Minister, the carcass of any animal slaughtered under this Act, shall be buried or sold, or otherwise disposed of, under such conditions as an inspector shall direct.
 
             (2)       Any person who fails to comply with a direction under subsection (1) shall be guilty of an offence.
 
[Ch6602s11]11. Indemnity and payment of compensation
 
             No action shall lie against the Government or any officer thereof for any act done under this Act and no compensation shall be payable to any person for any such act unless the Minister otherwise directs:
 
             Provided that there shall be paid to the owner as compensation for any animal, other than a dog, slaughtered under this Act and not affected with disease at the time of slaughter, and in relation whereto the owner has not been guilty of any breach of this Act, the value of such animal immediately before it was slaughtered but so that the compensation shall not exceed such amount as the Minister may have fixed as the limit of compensation by rules made under section 8.
 
[Ch6602s12]12. Power to enter and examine
 
            An inspector may enter any land, building, shed, place, carriage, van, truck, other vehicle, vessel or aircraft containing or carrying or used for the purpose of containing or carrying animals, and may examine any animals found therein, for the purpose of ascertaining whether any such animal is suffering from disease or for the purpose of ascertaining whether any rules, orders, or directions as to cleansing and disinfecting, made under this Act, and for the time being in force, have been properly carried out.
 
[Ch6602s13]13. Power to detain vehicles and vessels
 
           Where any inspector or police officer has reason to believe that this Act has not been or is not being complied with in a vehicle or on board a vessel in Malawi, he may detain such vehicle or vessel or cause it to be detained until the Minister or Chief Veterinary Officer otherwise directs.
 
[Ch6602s14]14. Detention and arrest
 
           When any person is seen or found committing, or is reasonably suspected of being engaged in committing an offence against this Act, or any rule, notice, order or direction hereunder, an inspector or police officer may without warrant stop or detain him: and if his name and address be not known to the officer stopping or detaining him, and he fails to give such information to the satisfaction of such officer, such officer may without warrant arrest him.
 
[Ch6602s15]15. Obstruction
 
           If any person obstructs or impedes, or attempts to obstruct or impede, an inspector or police officer in the execution of his duty under this Act, he shall be guilty of an offence.
 
[Ch6602s16]16. Seizure of animals, etc.
 
          (1)        An inspector or a police officer, may seize any animal in respect of which he has reason to suspect that an offence against this Act is being committed, and remove any such animal to any pound, enclosure or other place selected by an inspector, and there detain such animal, subject to the orders of a court.
 
          (2)        Wherever any animal shall have been seized and detained under the preceding subsection, the officer making such seizure shall, with all practicable speed, report the same to a court having jurisdiction within the District in which such animal has been so seized.
 
          (3)        A court, if it is satisfied that there is reason to believe that an offence as aforesaid has been committed in respect of any animal seized and detained under this section, may order that the owner of such animal shall pay to the Chief Veterinary Officer such sum as it may consider reasonable to cover the expenses connected with the removal to the place of detention and the keep of such animal during such detention, and may order that unless such sum be paid within a time to be specified in such order, the animal be forfeited:
 
           Provided however that no order shall be made under this subsection unless the owner of such animal shall have had an opportunity of appearing before the court to show cause why such order should not be made.
 
[Ch6602s17]17. Forfeiture when offender not found and disposal of forfeited animals
 
         (1) Whenever it shall be reported to a court that any animal has been seized and detained under section 16, but that the person who is alleged to have committed an offence in respect of such animal is unknown or cannot be found, the court may, if satisfied by evidence on oath that there is reason to believe that an offence against this Act has been committed in respect of such animal, order that such animal be forfeited.
 
        (2) An animal ordered to be forfeited under this section or section 16 (3) or 22 shall be sold by auction unless the Chief Veterinary Officer directs that it shall be slaughtered.
 
[Ch6602s18]18. Complaints as to dogs
 
       (1)        Any person may complain to a court that a dog is dangerous, not under proper control, or a nuisance by reason of its barking or otherwise, and on such complaint the court may issue a summons directed to the owner calling upon him to show cause why the dog should not be kept under proper control, or, if dangerous or a nuisance, destroyed and on the return of such summons, unless cause be shown to the contrary, the court may order that the dog be kept under proper control or destroyed.
 
      (2)        If the owner fails to comply with an order made under subsection (1), he shall be liable to a fine of K10 for every day during which the default continues.
 
[Ch6602s19]19. Damages for injuries by dog
 
      In any action against the owner of a dog for damages in respect of injury done to any person or to any domestic animal or bird by that dog, it shall not be necessary for the person seeking such damages to show a previous propensity in the dog, or the owner’s knowledge of such previous propensity or to show that the injury was attributable to neglect on the part of the owner.
 
[Ch6602s20]20. Presumption of age
 
      In any proceedings under this Act a dog or other animal shall be presumed to be over the age referred to in the particular provision under which proceedings are brought unless the contrary is proved.
 
[Ch6602s21]21. Owner to produce dog for inspection
 
      Every owner of a dog shall produce his dog, under proper control, for inspection at the request of an inspector, or a police officer above the rank of sergeant.
 
[Ch6602s22]22. Penalties
 
      A person guilty of an offence under this Act, for which no other penalty is prescribed, or who fails to comply with any rule, notice, order or direction hereunder, shall be liable for every such offence or failure to a fine of K200 and to imprisonment for six months; and any animals, carcass, litter, dung or fodder, in respect of which such offence has been committed may be forfeited.
 
SUBSIDIARY LEGISLATION
 
NOTE
 
DECLARATION OF INFECTED AREAS
 
under s. 4
 
     The declarations made (and still in force by virtue of section 14 of the General Interpretation Act, Cap. 1:01) under section 4 of the Diseases of Animals Ordinance, 1922, No. 15 of 1922, are not published here. Some are published as Government Notices, others as General Notices in the Gazette.
 
     The declarations made under section 4 of the Act are not published here. They are published as General Notices in the Gazette.4
 
ANIMAL (IMPORT) RULES
 
under s. 6
 
G.N. 235/1968
 
1.     Citation
         These Rules may be cited as the Animal (Import) Rules.
 
2.     Interpretation
 
        In these Rules, unless the context otherwise requires—
 
        “animal” includes animal semen, poultry, eggs and rabbits;
 
        “animal by-product” means any carcass, meat meal, blood meal, bone meal, biological products of animal origin, sera and vaccines for use on animals;
 
        “fodder” includes all types of forage used for animal food, and grains of any variety including  grain offal.
 
3.     Restriction on importation
 
        No person shall import or cause to be imported into Malawi any animal or animal by-product except under a permit in writing issued by the Chief Veterinary Officer under rule 4 who may attach to it such conditions as he deems necessary to prevent the introduction of disease into Malawi. Any person who imports or causes to be imported any animal of animal by-product without such permit or who contravenes any of the provisions or conditions of the said permit shall be guilty of an offence.
 
4.     Permits
 
        (1)        The Chief Veterinary Officer may, upon written application being made addressed to:
 
                       Chief Veterinary Officer
 
                                     P.O. Box 30134
 
                                                Capital Hill
 
                                                              Lilongwe 3
or to the office of any veterinary officer, issue a permit under these Rules.
 
       (2)        The issue of a permit in accordance with these Rules shall not relieve the holder of such permit from any requirements of any other law of Malawi in regard to imports, customs or excise.
 
5.    Exemptions
No person shall be required to obtain a permit in accordance with these Rules—
 
       (a)       if the animal is in course of transit by air through Malawi from a place outside Malawi to another place outside Malawi and is not off-loaded within the boundaries of Malawi;
 
       (b)        if the animal by-product or fodder is in course of transit by air or rail through Malawi from a place outside Malawi to another place outside Malawi and is off-loaded only for the purpose of transhipment.
 
6.    Cancellation of permit
 
        (1)        The Chief Veterinary Officer shall have power to cancel at any time a permit issued under these Rules.
 
        (2)       In any case where a permit is cancelled the Chief Veterinary Officer shall, by notice in writing, inform—
 
        (a)       the holder of such permit; and
 
        (b)        the Controller of Customs and Excise, of such cancellation.
 
7.      Powers of Chief Veterinary Officer
 
        (1)        The Chief Veterinary Officer may require any animal, animal by-product or fodder—
 
        (a)       to be examined by a veterinary officer;
 
        (b)        to be held in quarantine for such period as is necessary to ensure that no disease is introduced into Malawi;
 
        (c)        to be returned to its point of origin;
 
        (d)        to be destroyed where, in his opinion, there is no practical alternative method of preventing the introduction of disease into Malawi.
 
        (2)       Where any animal, animal by-product or fodder is held in quarantine or required to be returned to its point of origin or destroyed, the person who imports such animal, animal by product or fodder shall be liable for all costs in connexion with such quarantine, return or destruction.
 
DISEASES OF ANIMALS RULES
 
ARRANGEMENT OF RULES
 
        RULE
 
        1.           Citation
 
        2–16.    [Repealed]
 
        17.        Duties of veterinary officer and inspector
 
 
       19.        Stray animals found suffering from disease
 
 
       21.        Destruction of carcasses of stray livestock
 
       22.        Carcass or carcasses not to be removed
 
 
       24.        Compulsory dipping
 
       25.        Construction of dipping tanks may be ordered
 
       26.        Powers of inspectors
 
 
       28.        Intervals of dipping
 
 
 
       31.        Movement of animals from exempted areas
 
 
 
       34.        Provision of dipping tanks in certain areas
 
       35.        Precautionary measures
 
 
 
 
       39.        Testing with mallein, etc.
 
      
       41.        Power to brand animals in quarantine, etc.
      
 
       43.        Gates opened or left open
 
      44.        Delegation of powers
 
      45.        Recovery of fees and moneys due
 
 
      47.        Sale of animals where fees not paid
 
      48.        Reporting of deaths of cattle
 
      49.        Cattle registers
 
      50.        Duty to give information
 
      51.        Infected area adjoining Malawi
 
      52.        Movement of animals may be prohibited
 
      53.        Publication of orders
 
G.N. 79/1923
 
231/1924
 
14/1933
 
11/1934
 
109/1944
 
91/1950
 
147/1950
 
Ord. 8 of 1951
 
s. 23 and Sch.
 
G.N. 22/1963
 
50/1963
 
9/1964(N)
 
1/1965
 
234/1968
 
DISEASES OF ANIMALS RULES
 
deemed to be made under s. 8
 
[made under s. 9 of the Diseases of Animals Ordinance, 1922, No. 15 of 1922 (now repealed)]
 
1.      Citation
 
         These Rules may be cited as the Diseases of Animals Rules.
 
2.-16.
 
[Repealed by 234/1968]
 
QUARANTINE AND OTHER TREATMENT OF ANIMAL AFFECTED BY DISEASE OR WHICH ARE SUSPECTED OF BEING AFFECTED
 
17.    Duties of veterinary officer and inspector
 
         A veterinary officer or inspector investigating a reported or suspected outbreak of disease shall, if he is of opinion  that any animal or animals are infected with any disease, or has reason to believe that any animal or animals have been exposed to infection, forthwith cause the said animal or animals to be isolated (if such has not already been done) or dealt with in such other manner as he may deem expedient in order to prevent the spread of such disease, provided that an inspector shall not cause any animal to be slaughtered except on the instructions of a veterinary officer; and may direct that no other animals shall be brought or allowed to remain on any part of the estate, farm, land or area which has
become infected.
 
18.     Power to require any animal to be disinfected and to take blood smears, etc.
 
           (1)      Any veterinary officer or inspector may, at any time, require any animal to be sprayed, dipped, washed or
otherwise disinfected, inoculated, or to undergo a period of quarantine, if he should consider the same to be necessary in order to prevent the spread of disease.
 
           (2)      Any veterinary officer may, for the purpose of detecting or diagnosing disease, take or cause to be taken from any animal blood smears, or apply such other tests as he may consider necessary.
 
19.     Stray animals found suffering from disease
 
           When stray animals are found to be suffering from disease—
 
          (a)      they shall, if found on private land be confined and isolated by the owner and occupier of the land as near as possible to the place where they have been found, or if found on any public or customary land, or any road, be confined and isolated at such place near to that at which they have been found as any veterinary officer, inspector, police officer or administrative officer may direct;
 
          (b)      all animals which have been in contact with such stray animals and which by reason of such contact have  become liable to infection, shall be quarantined, and the owner of the stray animals shall pay to the owner of the animals quarantined all expenses incurred by reason of such quarantine;
 
          (c)      the person detaining any such stray animal shall forthwith cause the nearest inspector or police officer to be notified of such detention.
 
20.     Payment for use of private land to quarantine travelling or stray animals
Whenever any travelling or stray animal shall be detained in quarantine on any occupied land, by reason of the appearance of disease amongst such animals, the owner of the animals shall be liable to pay to the occupier of the land for the use of the land, such sum not exceeding 20 tambala per diem in respect of each animal, during the period it is so detained in quarantine, as the Chief Veterinary Officer shall determine.
 
21.      Destruction of carcasses of stray livestock
 
           (1)      The occupier of land finding the carcass of any stray livestock on his land, shall either cause such carcass to be buried or burned, or give notice of the presence of such carcass to the police, and in such last case shall take all reasonable precautions to prevent such carcass being disposed of otherwise than by being burned or buried, pending the arrival of the police.
 
           (2)      The police, on receiving notice of the presence of the carcass of any stray livestock upon any public land or customary land or private land or upon any public road, shall take immediate steps to have such carcass buried or burned and shall notify the same to the nearest veterinary officer.
 
           (3)      Any expenses incurred by the police or the occupier of land in, or in connexion with, the disposing of a carcass as required by this rule, may be recovered from the owner thereof as for work done on his behalf at his request.
 
22.     Carcass or carcasses not to be removed
 
           No person other than a veterinary officer or inspector or a person acting on the instructions of a veterinary officer or inspector, shall remove or attempt to remove any animal which has been buried or, except for the purpose of burial or burning, any carcass which has been ordered to be buried or burned, in pursuance of the Act or of any rule, order or direction thereunder.
 
23.      Grass and herbage not to be removed from infected land
 
           No person shall remove from any infected area, or from any place on which animals are detained in quarantine, any grass or other herbage, dung, litter, fodder or earth, except with the sanction of the veterinary officer in charge of such area or place.
 
COMPULSORY DIPPING
 
24.      Compulsory dipping
 
            The Minister may, by notice published in the Gazette, order compulsory dipping of any animal to be named in the notice from such date as he may prescribe within the whole or any portion of any area, or may suspend compulsory dipping with such area absolutely, or for such time or in regard to such animals as he may deem fit.
 
25.       Construction of dipping tanks may be ordered
 
             The Minister may, within any area in which compulsory dipping has been ordered, by notice served by post require the owner of not less than one hundred head of cattle, within a time to be specified in the notice, to construct an efficient tank for the dipping of his cattle. Any owner aforesaid failing without reasonable excuse to construct such tank within such time shall be liable to a fine of K40.
 
26.       Powers of inspectors
 
             Every veterinary officer and inspector shall have power and authority to inspect any animals at any time and to take or require to be sent to him at the office of the administrative officer a sample or samples from the contents of any dipping tank. Any person who shall refuse to allow a veterinary officer or inspector to enter upon any land or to examine animals, or who shall refuse to send a sample or samples of the contents of any dipping tank when lawfully required so to do, or who shall impede or hinder or attempt to impede or hinder a veterinary officer or inspector in the execution of his duties, shall be liable to a fine of K40.
 
27.      Penalty for failing to dip animals in areas not exempted
 
           An owner or person having the care or charge of animals in an area where compulsory dipping is in force who shall fail to dip his animals, unless exempted in terms of rule 30, shall be liable to a fine of K200, or, in default of  payment, to imprisonment for twelve months.
 
28.     Intervals of dipping
 
          An owner or person having the care or charge notwithstanding that his animals are free from tick-infestation, shall be liable to the penalties prescribed in the last preceding rule if it is shown that he has failed to dip them at regular intervals of seven days or such shorter intervals as may have been prescribed by the Chief Veterinary Officer:
 
          Provided always that if it should appear that it was impossible or inexpedient to dip such animals within seven days or such shorter intervals as aforesaid, the onus of proof of which shall be on the owner, the said intervals may be exceeded, but in no case beyond fourteen days in all.
 
29.     Power to temporarily exempt from compulsory dipping
 
          The Chief Veterinary Officer or any person duly authorized by him thereto in writing may, for consideration of weather, drought or condition of the animals, or for other causes beyond the control of the owner or person having the care or charge thereof, temporarily exempt owners or persons having the care or charge of animals in any areas from rule 27 hereof, and may during such period prescribe the intervals of dipping. A list of all exemptions granted under this rule shall be posted, whilst in operation, at the administrative officer’s office and all police stations in the District and at the inspector’s office in the area in which the animals affected are located. No movement of animals shall be permitted from
any area in which exemption from dipping under this rule is in force, unless the animals are twice dipped within fourteen days immediately prior to removal.
 
30.     Power of Minister to temporarily exempt persons living in African areas
 
          The Minister may, by notice published in the Gazette, temporarily exempt persons living in areas chiefly inhabited by Africans from the obligations of rules 27 and 28 hereof until such time as the Minister may be satisfied that arrangements have been made to dip the animals in such areas.
 
31.     Movement of animals from exempted areas
 
           No movement of animals from areas exempted in terms of rule 29 shall be permitted except at points of exit fixed by the Minister by notice published in the Gazette, after such period of detention and dipping at such points as may be from time to time prescribed.
 
32.      Power to requre provision of dipping faculties
 
           The owners of land, on which African owners of animals reside, may be required by the Minister to provide facilities, including the erection and maintenance of efficient dipping tanks and the provision of effective tick-destroying agents, for the dipping of such animals on terms and conditions to be approved of by him. Any owner of land failing to make provision as aforesaid shall be liable to a fine of K40, but the payment of such fine or the undergoing of imprisonment in default thereof shall not relieve the said owner of his obligation to provide the said facilities.
 
33.      Power of Government to act on behalf of absentee owners
 
            Should any person, owner of land or animals be absent from or not have a representative in Malawi having  authority to carry put the requirements of these Rules, the Minister may authorize the due performance of such requirements in such manner as he may deem expedient, and any disbursements thereby incurred shall be recoverable by immediate distress and sale or at the option ofthe Minister as a civil debt.
 
34.      Provision of dipping tanks in certain areas
 
           The Minister may provide dipping tanks for public use, and fix or approve a scale of fees for the dipping of animals in such tanks and may further regulate the charges to be made and levied by the owners of private dipping tanks in respect of the dipping thereat of animals belonging to others.
 
35.       Precautionary measures
 
            The Chief Veterinary Officer or any person duly authorized by him may from time to time stipulate precautionary measures to be taken by any owner of cattle or his representative before cattle are permitted to be dipped in any dipping tank provided for public use.
 
MISCELLANEOUS
 
36.       Power to prohibit exhibition and public sale of stock
 
            The Chief Veterinary Officer with the sanction of the Minister first obtained may, for the purpose of preventing the spread of any disease, prohibit in any District or portion thereof, the holding of any exhibition of livestock or the sale of livestock in open markets or in private sale yards.
 
37.       Disinfection of railway trucks, loading pens, etc.
 
             Every railway company shall cause all its railway trucks, which have been used for the transport of livestock, and all loading and unloading pens and enclosures and everything connected therewith, to be disinfected by being swept and washed thoroughly with lime wash before being again used for the conveyance of stock.
 
38.       Stock sale yards to be cleansed and disinfected
 
             All public markets for livestock and private sale yards and all structures and enclosures connected therewith in which livestock have been confined shall, if considered advisable by a veterinary officer, be cleansed and disinfected at the close of each day. This cleansing shall be carried out to the  satisfaction of any officer of the Veterinary Department inspecting the same.
 
39.      Testing with mallein, etc.
 
            Testing with mallein and tuberculin, inoculation for rinderpest or pleuro-pneumonia, ovination (vaccination against sheep pox), and such other technical operation as the Chief Veterinary Officer shall from time to tune notify, shall only be carried out under the immediate directions of a veterinary officer, or in such other manner as the Chief Veterinary Officer may direct.
 
40.       Power to direct treatment of animals affected with disease
 
            It shall be lawful for the Chief Veterinary Officer in any case when he shall think fit for the purpose of preventing the spread of disease, to order that no person other than a veterinary officer or a person acting under the directions of a veterinary officer, shall treat any animal or animals which is or are infected with a contagious or infectious disease.
 
41.       Power to brand animals in quarantine, etc.
 
            A veterinary officer may cause any animal or animals within an infected area or which have been placed in  quarantine to be branded with a registered Departmental brand.
 
42.       Power to enter land and erect fences for quarantine purposes
 
             The Chief Veterinary Officer or any person authorized by him may, for the purpose of restricting the movement of animals for the purpose of quarantine, enter upon any land, whether privately owned or not, and may erect and maintain thereon any fences, notice boards, or beacons, and may remove any fence, notice board or beacon so erected.
 
43.       Gate opened or left open
 
             No person shall, in any infected area or on any land on which animals are kept in quarantine, open and leave open any gate in any fence erected to restrict the movement of cattle or for the purposes of quarantine.
 
44.       Delegation of powers
 
            Whenever the Chief Veterinary Officer shall be temporarily absent from the head office of the Veterinary Department, the officer for the time being in charge at such office may, subject to any general or special instructions from the Chief Veterinary Officer, exercise or perform any of the powers or duties conferred or imposed on the Chief Veterinary Officer by these Rules, or any other Rule for the time being in force under the Act.
 
45.       Recovery of fees and moneys due
 
            The Chief Veterinary Officer, or any veterinary officer authorized by the Chief Veterinary Officer in this behalf, may sue on behalf of the Veterinary Department for any fees or moneys due to the Government for or in respect of anything done under or by virtue of the Act or any Rules under the Act.
 
46.      Power of detain animals pending payment of fees
 
            It shall be lawful for any veterinary officer to detain or direct the detention of any animal in respect of which services have been rendered by the Veterinary Department, until the fees payable in respect of such services, together with any expenses incurred by the Government by reason of such detention, have been paid.
 
47.     Sale of animals where fees not paid
 
           Whenever the owner of any animal in respect of which services have been rendered by the Veterinary Department is unknown or cannot be found, and whenever the owner of any animal in respect of which such services have been rendered has, after demand made, neglected to pay for the services rendered and to remove the animal, the Chief Veterinary Officer may cause such animal to be sold by public auction and shall, after deducting any moneys due for services rendered and the expenses of and in connexion with the sale, pay the balance of the proceeds of the sale to the owner in default, or, if the owner of the animal sold is not known or cannot be found, the balance (if any) as aforesaid
shall be paid into the Consolidated Fund:
 
         Provided that if in such last case any person shall, within two years of the sale, prove that he was the owner at the date of the sale of such animal sold, he shall be entitled to receive the amount of the balance so paid into the Consolidated Fund.
 
48.    Reporting of deaths of cattle
 
         The Chief Veterinary Officer may at his discretion, after due notification in the Gazette, declare it compulsory in any District for all people owning or in charge of cattle to inform immediately the Chief Veterinary Officer or nearest veterinary officer of any deaths occurring among such cattle.
 
49.   Cattle registers
 
         The Chief Veterinary Officer may at his discretion, after due notification in the Gazette, cause to be kept within any District or area a register of all cattle within such District or area and shall furnish  each owner of cattle with a copy of the entry of registration relating to the cattle of such owner.
 
50.    Duty to give information
 
          For the purpose of enabling the register above prescribed to be made and kept, every owner or person in charge of cattle shall give to the Chief Veterinary Officer or other person duly authorized by him all information which the Chief Veterinary Officer or such other person may require. If any owner or person in charge of cattle shall neglect or refuse to give such information as aforesaid when lawfully demanded, or shall wilfully give false information, he shall be deemed to have committed an offence against these Rules.
 
MOVEMENT OF ANIMALS WITHIN MALAWI ON OUTBREAK OF DISEASE IN TERRITORY ADJOINING MALAWI
 
51.    Infected area adjoinin Malawi
 
         The Chief Veterinary Officer shall, if he is credibly informed that any area adjoining Malawi has  become infected with a disease, cause a notice to be published in the Gazette to that effect.
 
52.    Movement of animals may be prohibited
 
         After the publication of a notice under rule 51, the Chief Veterinary Officer may, by order under his hand, prohibit the mvement of animals into, out of, within or through any District in Malawi in  which, in his opinion, there is a risk of the spread of such infection, subject to such conditions as he may specify in such order.
 
53.    Publication of orders
 
         All orders made by the Chief Veterinary Officer under rule 52 shall be made known in the District affected thereby by being affixed to the notice boards of administrative and Chiefs’ headquarters therein and in such other manner as the Chief Veterinary Officer shall consider necessary.
 
COMPULSORY DIPPING NOTICE
 
under r. 24 of the
 
Diseases of Animals Rules
 
G.N. 58/1960
 
88/1971
 
        It is hereby ordered that all cattle within the Districts hereunder mentioned and being also within a radius of five  miles of a Government operated dipping tank or spray race, shall be dipped in accordance with the Diseases of Animals Act and the Rules made thereunder—
 
       Southern Regionall Districts.Central Regionthe Ntcheu, Dedza, Lilongwe, Mchinji, Dowa and Kasungu Districts.Northern Regionthe Mzimba, Rumphi and Karonga Districts.
 
PROHIBITION OF TREATMENT EXCEPT BY VETERINARY OFFICERS
 
under r. 40 of the
 
Diseases of Animals Rules
 
G.N. 53/1928
 
       The treatment of animals suffering from the contagious disease, trypanosomiasis or “fly stuck”, is prohibited except by a veterinary officer or a person acting under the directions of a veterinary officer. Owners of animals suspected of suffering from trypanosome infection, i.e. being “fly stuck”, should apply to the nearest veterinary officer for advice as to the measures to be adopted for dealing with the disease.
 
COMPULSORY REPORTING OF CATTLE DEATHS NOTICE
 
under r. 48 of the
 
Diseases of Animals Rules
 
G.N. 14/1925
 
        The Chief Veterinary Officer has declared it compulsory in the following Districts for all persons owning or in charge of cattle to inform him, or the nearest veterinary officer, immediately of any deaths occurring among such cattle— G.N. 242/1969, 143/1976
 
        Blantyre District
 
        Zomba District
 
        Chikwawa District
 
        Nsanje District
 
NOTIFICATION OF REGISTERS TO BE KEPT IN CERTAIN AREAS
 
under r. 49 of the
 
Diseases of Animals Rules
 
       The Chief Veterinary Officer has notified that a Register of Cattle will be kept in the following areas— G.N. 242/1969
 
       (a)      the Karonga District; G.N. 15/1925
 
       (b)      within an 8-kilometre radius of the dipping tanks at Nanjiri, Malimbwe, Namaguya, Masula and Nathenje, all in the Lilongwe District. G.N. 87/1941
 
DISEASES OF ANIMALS (DESTRUCTION OF PACKING LITTER) RULES
 
deemed to be made under s. 8
 
G.N. 49/1924
 
1/1965
 
1.     Citation
 
         These Rules may be cited as the Diseases of Animals (Destruction of Packing Litter) Rules.
 
2.    Destruction of packing litter
 
        All hay, straw and other litter used in the packing of goods imported either directly or indirectly from Europe into Malawi must be destroyed by burning immediately after the goods are unpacked.
 
CONTROL AND DISEASES OF ANIMALS (VETERINARY SERVICES FEES) RULES
 
under s. 8
 
G.N. 64/1973
 
28/1979
 
1.     Citation
 
These Rules may be cited as the Control and Diseases of Animals (Veterinary Services Fees)
 
Rules.
 
2.    Interpretation
 
       In these Rules—
 
       “cattle” means any bull, cow, heifer or ox over the age of one year.
 
3.     Fees to be paid to Government for facilities or services
 
        Where the Government has provided facilities for or services in connexion with—
        
        (a)      the dipping or spraying of cattle;
 
        (b)      the buying or selling of cattle;
 
        (c)      the vaccination of cattle;
 
        (d)      any veterinary treatment on cattle at the discretion of a veterinary officer; or
 
        (e)      any advice on all matters pertaining to cattle breeding, every owner of such cattle shall pay to the Government fees to be known as veterinary services fees (hereinafter referred to as “fees”).
 
4.     Collection of fees
 
        The fees to be payable to the Government pursuant to rule 3 shall be 50 tambala per head per annum and shall be collected by the District Council, or where a District Council does not exist, or is temporarily dissolved, by the Chief having jurisdiction in the area where such cattle are for the time being ordinarily kept.
 
5.     Fees when due
 
        The fees specified in rule 4 hereof shall fall due and shall be collected not later than the 31st day of December in each year.
 
6.     Commission on fees
 
        An amount equal to twenty-five per centum of all fees collected pursuant to rule 4 shall be paid by Government to the District Council or Chief by whose agency such fees have been collected.
 
7.     Fees to constitute a debt
 
        All fees payable under these Rules shall constitute a debt due to the Government and may be  recovered by suit in any court of competent jurisdiction.
 
DISEASES OF ANIMALS (CATTLE) RULES
 
deemed to be made under s. 8
 
[made under s. 9 of the Diseases of Animals Ordinance, 1922 No. 15 of 1922 (now repealed)]
 
G.N. 86/1942
 
41/2003
 
1.       Citation
 
          These Rules may be cited as the Diseases of Animals (Cattle) Rules.
 
2.       Information to be furnished by owners and persons in charge of cattle
 
The Chief Veterinary Officer after notification in the Gazette may require all owners or persons in charge of cattle in any prescribed area—
 
          (a)      to inform forthwith the nearest veterinary officer of any death among such cattle and to deliver to the veterinary officer within 24 hours of such death, the spleen of the deceased animal;
 
          (b)      to inform forthwith the nearest veterinary officer of any sickness among such cattle;
 
         (c)      to maintain and give veterinary treatment to such cattle in such manner as the veterinary officer shall direct;
 
         (d)      to assemble such cattle for inspection in such manner as the veterinary officer shall direct; and
 
         (e)      to give such information as to sickness, increases and decreases in and to keep such records of such cattle as the veterinary officer shall require.
 
3.      Penalties
 
         Any person who fails to comply with any requirement made under rule 2 hereof shall be liable to a fine of K2,000 and to imprisonment for one month. G.N. 41/2003
 
COMPLIANCE WITH RULES NOTICE
 
under r. 2 of the
 
Diseases of Animals (Cattle) Rules
 
G.N. 170/1948
 
59/1960
 
           It is hereby notified that all owners or persons in charge of cattle within an 8-kilometre radius of Government dipping tanks are required to comply with the Diseases of Animals (Cattle) Rules.
 
           The said Rules require all owners or persons in charge of cattle—
 
           (a)      to inform forthwith the nearest veterinary officer of any death among such cattle and to deliver to the veterinary officer within 24 hours of such death, the spleen of the deceased animal;
 
          (b)      to inform forthwith the nearest veterinary officer of any sickness among such cattle;
 
          (c)      to maintain and give veterinary treatment to such cattle in such manner as the veterinary officer shall direct;
 
          (d)      to assemble such cattle for inspection in such manner as the veterinary officer shall  direct;
 
          (e)      to give such information as to sickness, increases and decreases in and keep such records of such cattle as the veterinary officer shall require.
 
           Failure to comply with any of these requirements renders the person responsible for the failure liable to a fine of K2,000 and to imprisonment for one month.
 
DISEASES OF ANIMALS (STOCK ROUTE) RULES
 
deemed to be made under s. 8
 
[made under s. 9 of the Diseases of Animals Ordinance, 1922 No. 15 of 1922 (now repealed)]
 
G.N. 158/1958
 
35/2003
 
1.       Citation
 
           These Rules may be cited as the Diseases of Animals (Stock Route) Rules.
 
2.        Interpretation
 
           In these Rules, “stock route” means the route approved by the Chief Veterinary Officer for the movement of cattle from Phazi in the Northern Region to Kasungu, Lilongwe, Salima and other destinations in the Central Region.
 
3.        Conditions for issue of permit
 
           No permit shall be issued under rule 3 of the Diseases of Animals Rules for any movement of cattle down the stock route until the fee payable under these Rules has been paid.
 
4.        Identification of cattle using stock route
 
           All cattle using the stock route shall be branded or otherwise identified in a manner approved by the Chief Veterinary Officer.
 
5.        Fees
 
            (1) A fee of K50 per head of cattle shall be payable in advance to the Government by the owner of any cattle using the stock route.
 
            (2) Such fee shall be payable in respect of all services rendered by the Government in connexion with the use of the stock route and shall be payable in lieu of any other fees, dues or charges prescribed under the Act. G.N. 35/2003
 
SWINE FEVER RULES
 
under s. 8
 
G.N. 209/1968
 
1.       Citation
 
           These Rules may be cited as the Swine Fever Rules.
 
2.        Interpretation
 
           In these Rules unless the context otherwise requires—
 
           “swine” means any domesticated porcine animal;
 
           “pig meat” means any part of a swine, warthog or wild pig carcass which has either been slaughtered or which has died;
 
           “infected area” means any area which has been declared to be an infected area for the disease “swine fever” under section 4 of the Act.
 
3.        Issue of permit
 
           (1)      An inspector may issue to any owner or person in charge of any swine a permit in the form in the Schedule (hereinafter called the “permit”) which said permit may impose such restrictions as the inspector may in his discretion determine.
 
          (2)      No person shall remove, cause to be removed or allow to be removed any pig meat from any one place in an infected area to any other place in such infected area without having previously obtained from an inspector a permit.
 
          (3)      No person shall remove, cause to be removed or allow to be removed any pig meat from any place in an infected area to any place outside an infected area without a permit from an inspector.
 
4.       Production of permit
 
          The holder of a permit shall produce the same for inspection on demand by any inspector, police officer above the rank of sergeant, or other person duly authorized in writing by the Chief Veterinary Officer.
 
5.       Confinement of swine
 
           The owner or person in charge of swine in an infected area shall at all times keep them contained in a house or pen unless prior written authority to release them has been obtained from an  inspector.
 
6.       Detention and destruction of swine
 
          Any swine whether the owner or person in charge of them be known or not, found at large in an infected area may be detained or destroyed by an inspector unless the owner or person in charge can produce to the said inspector a relevant permit granted under rule 3.
 
SCHEDULE reg. 3
 
CONTROL AND DISEASES OF ANIMALS ACT
 
(CAP. 66:02)
 
SWINE FEVER RULES
 
PERMIT TO MOVE SWINE
 
                 .................................................. of .........................................................
 
                 ........................................................................................... is authorized under the
 
                 Control and Diseases of Animals Act to move the swine described below from ..................... to
 
.......................
 
                 ..................................................................................... under the following conditions:The issuer
of the permit should state the route to be followed, the method of transport and the period for which
the permit is available.*
 
                 ..............................................................................................................
 
No.Description of swine to be movedRemarks
 
             The permit must be carried by the person accompanying the swine and be produced on demand by any inspector, police officer over the rank of sergeant or person duly authorized in writing by the Chief Veterinary Officer. G.N.
 
242/1969
 
            Station ........................................... Issuer of Permit .............................................
 
            Date ................................................ Rank ...................................................
 
PREVENTION OF TRYPANOSOMIASIS RULES
 
under s. 8
 
G.N. 222/1968
 
1.        Citation
 
            These Rules may be cited as the Prevention of Trypanosomiasis Rules.
 
2.        Decontamination sheds, etc.
 
           The Chief Veterinary Officer may cause to be erected and maintained decontamination sheds or tsetse fly barriers in any place or along any route in any area declared to be an infected area as regards trypanosomiasis.
 
3.         Travelling in infected area
 
             The Chief Veterinary Officer may, by notice published in the Gazette, require all persons travelling in an infected area as regards trypanosomiasis to proceed by a specified route and to present themselves together with their baggage and any vehicle, bicycle or animal on which they are travelling r of which they may be in charge for decontamination at a decontamination shed or tsetse fly barrier.
 
4.        Decontamination of travellers
 
            Every person who reaches a point along a road or on a route at which a decontamination shed or tsetse fly barrier has been established shall, if required by the person in charge thereof allow himself and his baggage and any vehicle, bicycle or animal on which they are travelling or of which he may have charge to be decontaminated.
 
ANIMALS QUARANTINE RULES
 
under s. 8
 
G.N. 223/1968
 
144/1978
 
1.        Citation
          
           These rules may be cited as the Animals Quarantine Rules.
 
2.        Power to quarantine
 
           The Chief Veterinary Officer may direct that any animal imported into Malawi be held in quarantine or in isolation at such a place and for such a time as the Chief Veterinary Officer may in writing specify, and may order that such animal be given such examination, tests and treatment as maybe considered expedient.
 
3.        Costs and fees payable for animals held
 
            (1)      Subject to sub-rule (2)—
 
            (a)                the owner of an animal held under Rule 2 shall, in respect of such animal pay—
 
                                (i) all or part of the costs of such quarantine, isolation, examination, test or treatment G.N. 144/1978
 
                                (ii) the stabling fees specified in Part I of the Schedule hereto, Schedule, Part I
 
                               (iii) the fees specified in Part II of the Schedule hereto for such examination, test or treatment as may be given to the animal, and Schedule, Part II
 
                               (iv) any additional costs incurred by reason of the provision of any food to any animal by the holding authority; and
 
           (b)           the owner of an animal held otherwise than under Rule 2 shall, in respect of such animal, pay the fees specified in Part III of the Schedule hereto plus any costs incurred by reason of feeding the animal on special diet at his request. Schedule, Part III
 
           (2)      The Chief Veterinary Officer may reduce or waive the fees chargeable under sub-rule (1) in any particular case where in his opinion, the fees would cause undue hardship to the owner of the animal.
 
4.       Stray animals
 
           When stray animals are found to be suffering from disease—
 
          (a) they shall, if found on private land, be confined and isolated by the owner or occupier of the land as near as possible to the place where they have been found, or if found on any public land, oron any road, be confined and isolated at such place, near to that at which they have been found, as an inspector may direct;
 
          (b) all animals which have been or may have been in contact with such stray animals, and which by reason of such contact or suspected contact have become liable to infection, shall be quarantined, and the owner of the stray animals shall pay to the owner of such animals quarantined all expenses incurred by reason of such quarantine;
 
         (c) the person detaining any such stray animals shall forthwith cause the nearest available inspector to be notified of such detention.
 
5.       Payment for stray animals—costs
 
          Whenever any stray animals shall be detained in quarantine on any occupied land, by reason of the appearance of disease amongst such animals, the owner of such animals shall be liable to pay to the occupier of the land for the use of the land, such sum not exceeding twenty tambala per day, in respect of each animal, during the period it is so detained in quarantine, as the Chief Veterinary Officer shall determine.
 
6.      Carcasses of stray animals
 
         The occupier of land finding the carcass of any stray animal on his land, shall either cause such carcass to be buried or burned, or immediately give notice of the presence of such carcass to the police.
 
7.      Removal of carcass
 
         No person other than an inspector or a person acting on the instructions of an inspector shall remove or attempt to remove any animal which has been buried or, except for the purpose of burial or burning, any carcass which has been ordered to be buried or burned.
 
8.      Removal of grass, dung, etc.
 
          No person shall remove from any place in which animals are quarantined or isolated any grass or other herbage, dung, litter, fodder or earth, except on the written permission of an inspector.
 
9.      Marking of animals
 
          An inspector may cause any animal or animals within an infected area or which have been placed in quarantine or isolation to be branded or otherwise marked for identification in such manner as may be directed by the Chief Veterinary Officer.
10.     Power to sell animals
 
          Whenever the owner of any animal in respect of which services have been rendered is unknown or cannot be found, and whenever the owner of any animal in respect of which such services have been rendered has, after demand made, neglected to pay for the services rendered and to remove the animals, the Chief Veterinary Officer, after the expiry of thirty days, may cause such animal to be sold by public auction and shall, after deducting any moneys due for services rendered and the expenses of and in connexion with the sale, pay the balance of the proceeds of the sale to the owner in default, or, if the owner of the animal sold is not known or cannot be found, the balance, if any, as aforesaid shall be paid
into the Consolidated Fund:
 
         Provided that in such last case if any person shall, within two years of the sale, prove that he was the owner at the date of the sale of such animal sold, he shall be entitled to receive the amount of the balance so paid into the Consolidated Fund.
 
11.    Power to erect fences, etc.
 
         The Chief Veterinary Officer or any person authorized by him may, for the purpose of restricting the movement of animals for quarantine or isolation, enter upon any land, whether privately owned or not, and may erect and maintain thereon any fences, notice boards or beacons, and may remove any fence, notice board or beacon so erected.
 
SCHEDULE G.N. 144/1977
 
PART I
 
STABLING FEES
 
Fees, per day per animalKtHorses, cattle, pigs, sheep and goats006Dogs and cats030Poultry005Cage
 
birds010Other animals030
 
PART II
 
FEES FOR EXAMINATION, TEST AND TREATMENT
 
Fees per animal for each examination, test or treatment Kt1.For the examination of—
(i)horses, mules and donkeys100 (ii)cattle, sheep, goats and pigs050 (iii)dogs and cats0502.For testing with—
(i)mallein050 (ii)tuberculin0503.For vaccination against— (i)anthrax020 (ii)blackquarter020
 
PART III
 
OTHER FEES
 
Fees, per day per animalKtGrazing006Holding with either hay or silage provided020Holding with hay and
silage provided030Holding with hay, silage and concentrated feed provided040Dogs and cats030
 
CONTROL AND DISEASES OF FARM ANIMALS RULES
 
under s. 8
 
G.N. 224/1968
 
1.     Citation
 
        These Rules may be cited as the Control and Diseases of Farm Animals Rules.
 
2.     Interpretation
 
       In these Rules unless the context otherwise requires—
 
       “farm animal” means cattle, sheep, goats and swine.
 
3.     Notification of death or disease
 
        (1) The owner or person in charge of any farm animal shall notify the nearest inspector of the death of any such farm animal within a period of twenty-four hours of death.
 
       (2) The owner or person in charge of any farm animal shall notify the nearest inspector of any apparent disease in such animal, within twenty-four hours of the first symptoms being noticed.
 
4.    Examination
 
        The owner or person in charge of any farm animals shall assemble such farm animals for the purposes of examination and enumeration in such manner as an inspector may in writing direct.
 
5.    Keeping of records
 
       The owner or person in charge of any farm animals shall give such information as to sickness, increases or decreases in, and keep such records of, such animals as an inspector shall require.
 
6.    Isolation
 
        An inspector investigating a reported or suspected outbreak of disease, shall, if he is of opinion that any farm animals are infected with any disease, or has reason to believe that any farm animals have  been exposed to infection, forthwith cause the said farm animals to be isolated or dealt with in such other manner as he may deem expedient in order to prevent the spread of such disease; and may direct that no other animals shall be brought or allowed to remain on any part of the estate, farm, land or area which has become infected:
 
        Provided that an inspector shall not cause any farm animal to be slaughtered except on the instructions of a veterinary officer.
 
7.    Disinfecting and testing
 
       (1)           Any inspector may, at any time, require any farm animal or premises in which animals have been or are kept, to be sprayed, dipped, washed or otherwise disinfected, inoculated, or to undergo a period of quarantine if he should consider the same to be necessary in order to prevent the spread of disease.
 
       (2)           Any inspector may, for the purpose of detecting or diagnosing disease, apply such tests as he may consider necessary.
 
8.     Prohibition of exhibitions
 
        The Chief Veterinary Officer or Principal Veterinary Officer may, for the purpose of preventing disease, prohibit the holding of any exhibition of farm animals whether at an agricultural show or elsewhere or the sale of animals in open market, or in private sales.
 
9.      Disinfection of vehicles
 
         All vehicles, railway trucks, ships and aircraft used for the purpose of transporting animals shall be washed and disinfected by being swept and washed with a disinfectant approved by the Chief Veterinary Officer before being used again for the conveyance of animals.
 
10.    Removal of grass, etc.
 
         (1) No person shall remove from any infected area any grass or other herbage, dung, litter, fodder or earth, except with permission in writing of an inspector.
 
        (2) No person shall in any infected area open or leave open any gate in any fence erected to  restrict the movement of farm animals.
 
 
MOVEMENT OF FARM ANIMALS RULES
 
under s. 8
 
G.N. 234/1968
 
1.     Citation
 
        These Rules may be cited as the Movement of Farm Animals Rules.
 
2.     Interpretation
 
        In these Rules, unless the context otherwise requires—
 
        “farm animals” mean any cattle, sheep, goats, swine or poultry.
 
3.     Restriction on movement
 
        No farm animals shall be moved from one District to any other District without a permit authorizing such movement granted under rule 4.
 
4.     Permits
 
        (1)      Every inspector is hereby authorized to issue permits under rule 3 and the Chief Veterinary  Officer may appoint such other persons as he may think fit to issue such permits, and may direct the area for which such person may issue permits:
 
        Provided however that a permit for the movement of any farm animals infected with disease, or which have been in contact with any farm animals infected with disease, shall not be granted except by or with the sanction of a veterinary officer.
 
       (2)      Every permit shall be in the form in the Schedule.
 
5.     Possession of permits
 
        (1) The person to whom a permit for the movement of any farm animals shall have been granted shall be guilty of an offence if any breach of these Rules is committed by himself or his servants or agents.
 
        (2) The person in charge of farm animals during the movement authorized by the permit shall be in possession of the permit at all times during such movement.
 
6.     Production of permits
 
        The person in charge of any farm animals which are being moved under a permit shall, on demand made by any issuer of permits, or police officer, or by the owner or occupier of any land over which the farm animals are being moved, thereupon produce the permit to the said issuer of permits, police officer, owner or occupier.
 
7.     Detention by issuer of permits
 
        Whenever an issuer of permits shall have reason to believe that any farm animals are being moved without a permit in breach of these Rules he may detain such animals.
 
8.     Detention by land owners
 
        Whenever an owner or occupier of land shall find any farm animals being moved over the land owned or occupied by him and has reasonable cause to believe that such movement requires a permit and the person in charge of such farm animals does not on demand produce a permit authorizing such movement he may detain such farm animals, but shall forthwith report such detention to an inspector.
 
9.     Removal of detained farm animals
 
        Any person other than an inspector or police officer, or a person acting on the instructions of any such inspector or officer, who shall remove any farm animals detained under rule 7 or rule 8 except with the consent of the person by whose orders the farm animals have been detained, shall be guilty of an offence.
 
10.    Appearance of disease
 
         Whenever disease shall appear or be suspected among any farm animals in respect of which a permit has been issued, the person in charge of the farm animals shall immediately report the fact to the nearest issuer of permits, and shall not proceed with the movement of the farm animals without the written permission of an inspector.
 
11.    Deaths
 
          The person in charge of any farm animals in respect of which a permit has been issued shall report to the inspector, nearest to the place to which such animals are authorized to be moved, any deaths amongst such animals moved, and any animals disposed of on the journey.
 
SCHEDULE
 
CONTROL AND DISEASES OF ANIMALS ACT r. 4
 
( Cap. 66:02)
 
MOVEMENT OF FARM ANIMALS RULES
 
PERMIT TO MOVE FARM ANIMALS
 
               ....................................................... of ...................................... is authorized under the Control
 
and Diseases of Animals Act to move the farm animals described below from ......................................
 
              to ...................................................................................... under the following conditions—
 
              .............................................................................................................
 
              .............................................................................................................
 
No.Description of Farm Animals to be movedRemarks
 
            This permit must be carried by the person accompanying the farm animals and be produced on demand by any inspector, police officer over the rank of sergeant or person duly authorized in writing by the Chief Veterinary Officer.
 
            Station ........................................... Issuer of Permit ............................................
 
            Date ................................................. Rank .................................................
 
NOTE: The issuer of the permit should state the route to be followed, the method of transport and the period for which the permit is available.
 
PREVENTION OF RABIES RULES
 
under s. 8
 
G.N. 60/1969
 
6/1972
 
PART I
 
GENERAL
 
1.        Citation
 
           These Rules may be cited as the Prevention of Rabies Rules.
 
2.        Interpretation
 
           In these Rules, unless the context otherwise requires—
 
           “carnivore” means any wild carnivore tamed and kept as a pet and any domesticated carnivore;
 
           “infected area” means any area declared to be an infected area in respect of rabies under section 4 of the Act.
 
PART II
 
CONTROL OF ANIMALS
 
3.        Notification of suspected animals
 
           If any person knows or suspects any dog, carnivore or other animal—
 
           (a)      has bitten any person without apparent cause;
 
           (b)      is infected with or suffering from rabies; or
     
           (c)      has been in contact with any animal known or suspected to be infected with or suffering from rabies, he shall immediately notify the nearest Inspector, Administrative Officer or Police Officer, and such person notified shall, if other than an Inspector, immediately convey such notification to the nearest Inspector.
 
4.       Destruction and disposal
 
          (1) Any person having reasonable cause to believe that a dog, carnivore or other animal is suffering from rabies may kill such dog, carnivore or other animal.
 
          (2) The carcass of any dog, carnivore or other animal killed under subrule (1) shall be buried at a depth of not less than four feet below the surface of the ground and any person who has killed an animal under the provision of these Rules who fails so to bury such carcass shall be guilty of an offence.
5.       Control of suspected animal
 
          (1) The owner or other person in charge of a dog, carnivore or other animal which—
 
          (a) has bitten any person without apparent cause;
 
          (b) is suspected to be infected with or suffering from rabies; or
 
          (c) is suspected of having been in contact with any animal known or suspected to be infected with or suffering from rabies, shall either kill such dog, carnivore or other animal or shall secure and confine it immediately and keep it
secure and confined so as effectively to prevent it having access to any person or other animal.
 
6.       Powers of Inspector
 
          An Inspector may at any time detain and take into possession any dog, carnivore or other animal if, in his opinion, it is desirable to do so for the purpose of close observation for suspected rabies or for the prevention of rabies, and if believed to be suffering from rabies may cause such dog, carnivore or other animal to be killed:
 
          Provided that an Inspector may preserve or order the preservation of any part of an animal so killed for scientific investigation.
 
7.       Movement
 
          In any infected area—
 
          (a)      movements of dogs or carnivores into, out of, through or within the area shall be prohibited:
 
           Provided however that an Inspector may grant a permit in the form in the Schedule hereto for the transit by rail, air, road or water through the area of any dog or carnivore which is securely crated and not released at any point within the area; Schedule
 
          (b)      every dog or carnivore shall be secured by the person in charge of such dog or carnivore in such manner as the Chief Veterinary Officer may by notice specify:
 
           Provided that an Inspector may, under such conditions as he may specify in writing, exempt any dog or carnivore from the provision of this paragraph;
 
         (c)      any dog or carnivore found wandering at large or ineffectively secured may be seized, detained, isolated or destroyed by an Inspector or any person duly authorized in writing by an Inspector.
 
PART III
 
VACCINATION AGAINST RABIES
 
8.      Declaration of specified area
 
         (1)      The Chief Veterinary Officer may, by notice published in the Gazette declare any area to be a specified area in respect of the vaccination of dogs against rabies. All dogs over the apparent age of three months in a specified area shall be vaccinated against rabies in accordance with these Rules.
 
         (2)      The owner or person in charge of any dog which—
 
         (a)      is in a specified area;
 
         (b)      is over the apparent age of three months; and
 
         (c)      has not been vaccinated against rabies in accordance with these Rules, shall be guilty of an offence.
 
9.      Vaccination
 
         Every dog shall, at the age of three months, be vaccinated against rabies by a veterinary officer and thereafter shall be re-vaccinated at intervals of not more than thirty-six months.
 
10.    Marking of dogs’ ears
 
         (1)      Immediately after the dog has been vaccinated against rabies the inside surface of an ear of the dog shall be marked with an indelible tattoo in such a way that it will remain as permanent evidence  of such vaccination.
 
        (2)      When a dog has been vaccinated for the first time its left ear shall be tattooed in the manner provided in subrule (1). After second vaccination the right ear of the dog shall be tattooed in the manner provided in subrule (1). When a dog is presented for a third or subsequent vaccination if the tatoos in respect of the first and second vaccinations are clearly visible no further tattooing shall be required if the owner of the dog so requests and the veterinary officer performing the vaccination agrees. If such relief from further tattooing is accorded the onus will remain upon the owner of the dog to ensure that the first two tattoos remain visible.
 
         (3)      If the owner of a dog is requested to produce it for inspection as regards its vaccination status he will be required to prove to the Inspector that the dog has been properly vaccinated—
 
        (a)      by showing the Inspector the ears of the dog marked with the appropriate tattoos; and
 
        (b)      by producing to the Inspector a valid and current certificate of vaccination.
 
        (4)      After a dog has been vaccinated by an Inspector such Inspector shall, at the request of the owner or person presenting the dog for vaccination, issue in respect of the dog a certificate of vaccination, in the form in the Schedule hereto duly signed by the Inspector. Schedule
 
11.     Vaccinated dogs
 
         (1) After the expiration of seven days from the publication of a declaration of specified area in respect of rabies under rule 7, any Inspector or other person duly authorized in writing by the Inspector may detain or destroy any unvaccinated dog found within the specified area.
 
        (2) For the purpose of this rule any dog which is found within the specified area and which does not bear on its ears the tattoo marks specified in rule 8 shall be deemed to be unvaccinated.
 
12.   Replacement certificates Schedule
 
         When a certificate in the form in the Schedule hereto has been issued and has subsequently been lost an Inspector may, on satisfactory proof being produced to him that a dog has in fact been vaccinated, issue a replacement certificate.
 
 
PART IV
 
DETENTION AND DESTRUCTION
 
13.   Diseased dogs and bitches in season
 
         (1)      Any Inspector or Police Officer may seize and detain—
 
        (a)      any dog which is in a diseased or neglected condition or which appears to be ownerless;
 
        (b)      any bitch which is in season and is not being confined in a manner which has previously been directed by an Inspector.
 
        (2)      Any such dog or bitch referred to in subrule (1) above shall be detained for three clear days after it has been seized and may thereupon be destroyed unless the Inspector considers that it is in a fit condition to be returned to its owner.
 
       (3)      Any Inspector issuing directions under this rule may himself carry out the directions or may cause them to be carried out by some other person.
 
SCHEDULE
 
FORM I
 
CONTROL AND DISEASES OF ANIMALS ACT
 
(CAP. 66:02)
 
PREVENTION OF RABIES RULES
 
       PERMIT TO MOVE DOGS AND/OR CARNIVORES
 
                                                      OF
 
       is authorized under the Control and Diseases of Animals Act to move the dogs and/or carnivores
 
described below from ........................................ to ....................................... by rail/air/road/water via
 
............................ and under the following conditions:The issuer of the permit should state in detail the route to be followed, any special conditions which he attaches to the permit and the period for which the permit is valid.*
 
No.Description of dogs and/or carnivores to be movedRemarks
 
      This permit must be carried by any person accompanying the dogs and/or carnivores and be produced on demand by any Government Officer, transporter or owner of land over which the dogs and/or carnivores may pass. If the dogs and/or carnivores are unaccompanied this permit must be securely affixed to the crate in which the dogs and/ or carnivores are secured.
 
StationIssuer of Permit
 
Date ...............................
 
FORM II
 
CONTROL AND DISEASES OF ANIMALS ACT
 
(CAP. 66:02)
 
PREVENTION OF RABIES RULES
 
CERTIFICATE OF VACCINATION
 
        This is to certify that I have today vaccinated a ................................. dog/bitch with rabies
 
vaccine modified live virus avianized Serial No. ................... at the request of ............................... of
 
.............................. being the owner/person in charge of the animal.
 
        Marking of dog ............................................
 
        Weight of dog ............................................
 
        Signed ...................................................
 
        Veterinary Officer
 
Stamp
 
        Dated this .................................. day of ...................................., 19......
 
DECLARATION OF SPECIFIED AREA
 
under r. 8 of the
 
Prevention of Rabies Rules
 
G.N. 61/1969
 
The Chief Veterinary Officer has declared the whole of Malawi to be a specified area in respect of the vaccination of dogs against rabies.
 
DECLARATION OF A DISEASE OF ANIMALS
 
under s. 4
 
G.N. 98/1969
 
The Minister has declared “Rift Valley Fever” to be a disease of animals for the purposes of the Act.
 
DIPPING RULES
 
under s. 8
 
G.N. 42/1967
 
190/1969
 
244/1969
 
5/1970
 
174/1970
 
88/1971
 
154/1972
 
65/1973
 
37/2003
 
1.      Citation
 
          These Rules may be cited as the Dipping Rules.
 
2.      Interpretation
 
         In these Rules, unless the context otherwise requires—
 
         “an approved dipping fluid” means an insecticide of such a type and in such a dilution as the Chief Veterinary Officer may from time to time approve;
 
         “cattle” means any bull, cow, heifer, calf or ox;
 
         “dipping” means a complete immersion of cattle in a dip tank or in a spray race containing approved dipping fluid and in a manner approved by the Chief Veterinary Officer;
 
         “dip tank” means any effective contrivance approved by the Chief Veterinary Officer for the cleansing of cattle by submersion and includes structures incidental thereto;
 
        “spray race” means any effective contrivance constructed by the Government or by a private individual which is approved by the Chief Veterinary Officer in which it is possible to immobilize cattle while they are sprayed completely with an approved dipping fluid or through which it is possible to pass one or more cattle and while passing they can be sprayed completely with the approved dipping fluids;
 
       “tick infestation” means the presence on any cattle of one or more engorging ticks.
 
3.     Dipping requirements
 
         All cattle in Malawi which normally reside within eight kilometres of a Government dip tank or of a dip tank owned by a private individual and which is approved by the Government, and all cattle, no matter where situated, which consist of 100 or more head in the possession of or under the control of one person shall be dipped in a dip tank or in a spray race at intervals of not more than one week.
 
4.     Powers of inspector
 
         (1)      An inspector may at any time inspect any cattle for the purpose of ascertaining whether there is tick infestation and may inspect any dip tank or spray race used for cattle and may take or require to be sent to him a sample of the contents of any dip tank or spray race.
 
         (2)      Any person who refuses to allow an inspector to enter upon any land for the above purpose or to examine any such animals on such land or who refuses or neglects to send a sample of the contents of any dip tank or spray race when required so to do or who hinders or impedes or attempts to hinder or impede an inspector in the execution of his duties shall be guilty of an offence.
 
5.     Offences
 
        (1)      Any person in control of or having the care of cattle which require to be dipped under the provisions of rule 3 who shall fail so to dip his animals shall, unless exempted under rule 8, be guilty of an offence.
 
        (2)      Any person in control of, or having the care of, cattle found to be suffering from tick infestation shall,  notwithstanding that he is dipping his cattle in accordance with rule 3, be guilty of an offence.
 
6.     Directions
 
         The Minister may, by notice in the Gazette, direct that within any area any animal named in such notice shall be dipped at such intervals and from such date as he may prescribe or may, by notice in the Gazette, suspend, for such period or in such area as he may think fit, the provisions of all or any of these Rules.
 
7.      Requirement to construct dip tank
 
         (1)      The Minister may, by notice in writing served by prepaid post, require any person who is the owner of, in possession of or in control of a 100 or more head of cattle to construct an efficient dip tank or spray race for the dipping of such cattle within such time as may be specified in the notice.
 
         (2)      Any person who fails to comply with the requirements of such notice within the time prescribed shall be liable to a fine of K40 in respect of each day during which he fails to comply with such notice.
 
8.      Powers to exempt
 
        (1)      The Chief Veterinary Officer or any person duly authorized by him may, for reasons of weather, drought, the condition of the cattle, or other causes beyond the control of the person having possession or control of the said cattle, exempt such person or persons in any area from the provisions of rule 3 or may vary the prescribed dipping intervals. A list of all such exemptions granted shall be posted at the office of the Inspector so granting them, at all police stations in the district in which the exemptions apply and at the office of the Inspector of the area of district in which the animals so
exempted are situated.
 
       (2)      No cattle in respect of which an exemption has been granted under subrule (1) shall be moved from the place where they are normally resident to any other place without the permission in writing of an Inspector.
 
9.     Power to spray cattle
 
        If it appears to the Minister that there is no person within Malawi who is responsible for cattle which are subject to these Rules, or if it is not possible to serve a person with any notice under these Rules, the Minister may authorize such cattle to be sprayed, dipped or otherwise treated as he may direct and any expenses so incurred shall be recoverable by distress or sale of such cattle.
 
10.    Public dip tanks
 
          The Minister may prescribe dip tanks or spray races for public use and may approve privatelyowned dip-tanks or spray races for the use of the public. The dip tanks and spray races approved for the purpose of these Rules are set out in the Schedule hereto.
 
11.      Dipping in public dip tanks
 
           The Chief Veterinary Officer or any person duly authorized by him may from time to time prescribe such  precautionary measures as he may deem fit which must be taken by any person responsible for cattle before they are permitted to be dipped in any approved dip tank or spray race.
 
12.      Penalties
 
           Any person who fails to comply with these Rules or any notice or direction made hereunder shall be guilty of an offence and shall be liable to a fine of K10,000 and to imprisonment for six months.
 
G.N. 37/2003
 
42 of 1967SCHEDULE G.N. 190/1969, 244/1969, 5/1970, 174/1970, 88/1971, 154/1972
 
NORTHERN REGION:Chitipa District: Ifumbo Mwankumbwa (Nyondo) Kailizi Uledi
          Kapelemela Upighu Kaseye WenyaKaronga District: Chantacha Mwangulukulu
          Chonanga Mwaungulu Kaporo Mwawembe Katumbi Ngara KayuniNgerenge
          KwawaNyungwe MlaleSimion Mwakasungula (Malema)TimothyMzimba District:
          Balala Kanyenyezi Bongowongo Kapando Chimutu Hara Kapopo ChomaKatundu Daniel
Gausi Luzi Ekwendeni Madise Elangeni Magido Emfeni Mbawa Emoneni Milala
(Manyamula) Euthini/Chindi Mpherembe GowokaMzalangwe Gugu Mzikubola (Embangweni)
         Jata Mzimba JendaPhazi Jombo EnukweniSwaswa
         KamibangaThewerekere KampupuYesaya Nkosi KamtetekaZombweRumphi District:
         Chikulamayembe (Bolero) Muhuju KatumbiCENTRAL REGION:Dedza District:
         Bembeke Linthipe Valley Chilungaminga Magunditsa Chimangwana Maonde
         Chiphazi Mkomeko Chirikumwendo Mpatamilonde Dedza Msunduzi Kafotokoza
Nandulu KanjuleMtakataka Linthipe BridgeTsoyoDowa District: Chimangamasasa
Mponela Dzoole Moya Kamsonga Msakambewa LumbadziNamwiri MadisiPakuya
          MajigaSimakumi
 
ERADICATION OF EAST COAST FEVER RULES
 
under s. 8
 
G.N. 191/1969
 
205/1970
 
1.      Citation
 
         These Rules may be cited as the Eradication of East Coast Fever Rules.
 
2.      Interpretation
   
         In these Rules, unless the context otherwise requires—
 
         “approved dipping fluid” means an insecticide of such a type and in such a dilution as the Chief Veterinary Officer may from time to time approve;
 
         “cattle” means any bull, cow, heifer, calf or ox;
 
         “dipping” means a complete immersion of cattle in a dip tank or in a spray race containing approved dipping fluid and in a manner approved by the Chief Veterinary Officer;
 
         “eradication area” means any part of an infected area in respect of East Coast Fever which the Chief Veterinary Officer has under rule 3, by notice in the Gazette, declared to be an area to which these Rules shall apply;
 
        “hand dressing” means a liberal application by hand or brush of an approved dipping fluid to the ears, anal region and tails of cattle;
 
        “infected area” means any area which has been declared to be an infected area in respect of East Coast Fever under section 4 of the Act;
 
       “spray” means the complete saturation of cattle with an approved dipping fluid either by hand or by a power-spray;
 
       “tick infestation” means the presence on any cattle of one or more engorging ticks.
 
3.     Declaration of eradication area
 
        The Chief Veterinary Officer may declare to be an eradication area any part of an infected area which has been declared to be an infected area in respect of East Coast Fever.
 
4.     Restrictions on movement of cattle into eradication area
 
        (1)      No owner or person in charge of any cattle may move cattle from an infected area which has not been declared to be an eradication area into an eradication area without a permit issued by the Chief Veterinary Officer.
 
        (2)      The Chief Veterinary Officer may issue to any owner or person in charge of any cattle a permit in the form in the Schedule hereto (hereinafter called the “permit”), which permit shall contain such conditions as the Chief Veterinary Officer may in his absolute discretion determine. G.N. 205/1970
 
5.     Restrictions on movement of cattle out of eradication area
 
        (1)      No owner or person in charge of cattle shall move any cattle from any part of an infected area which has been declared an eradication area to an area which has not been declared to be an infected area without a permit in the form in the Schedule hereto.
 
        (2)      The Chief Veterinary Officer may issue to any owner or person in charge of any cattle a permit in the form in the Schedule hereto (hereinafter called the “permit”), which permit shall contain such conditions as the Chief Veterinary Officer may in his absolute discretion determine. G.N. 205/1970
 
6.     Restrictions on movement of cattle into infected area
 
        No owner or person in charge of any cattle shall move cattle from an eradication area to an infected area which has not been declared an eradication area except as provided for by the Movement of Farm Animals Rules.
 
7.     Production of permits
 
        Any person to whom a permit has been issued or any person moving cattle under a permit shall produce the permit for inspection on demand by any inspector, police officer or other person duly authorized in writing by the Chief Veterinary Officer to inspect permits.
 
8.    Hand dressing, dipping, etc. requirements
 
       In an eradication area an inspector may require cattle to be treated either by hand dressing, dipping or spraying with an approved dipping fluid, at such places, at such intervals and at such times as he shall determine. Such determination shall be communicated to the owner or person in charge of the cattle by written notice served on them or by notice published in a conspicuous place at a District Headquarters or police station which said notice shall inform the persons concerned of such requirements as the inspector may have made with regard to the hand dressing, dipping or spraying of the cattle concerned.
 
9.    Offences
 
       Any owner or person in charge of cattle who moves cattle without a permit, who fails to produce the permit when lawfully demanded to do so or who fails to treat his cattle when so required to do shall be guilty of an offence.
 
10.  Saving
 
        Nothing done under these Rules shall in any way be taken as amending or waiving any requirements under the
 
Dipping Rules. G.N. 190/1969
 
SCHEDULE
 
CONTROL AND DISEASES OF ANIMALS ACT
 
(CAP. 66:02)
 
ERADICATION OF EAST COAST FEVER RULES
 
PERMIT TO MOVE CATTLE
 
               ....................................................... of ............................. is authorized under the
 
Control and Diseases of Animals Act, to move the cattle described below from
 
..............................................
 
               to .................................................................................. under the following conditions:
 
               ..............................................................................................................
 
               ..............................................................................................................
 
No.Description of cattle to be movedRemarks
 
             The permit must be carried by the person accompanying the cattle and be produced on demand by any inspector, police officer over the rank of sergeant or person duly authorized in writing by the Chief Veterinary Officer.
 
             Station ............................................. Issuer of Permit ...........................................
 
             Date ..................................................... Rank ..............................................
 
             NOTE : The issuer of the permit should state the route to be followed, the method of transport and the period for which the permit is available.
 
CONTROL AND DISEASES OF ANIMALS (ERADICATION OF BOVINE TUBERCULOSIS) RULES
 
under s. 8
 
G.N. 119/1972
 
36/2003
 
1.         Citation
 
            These Rules may be cited as the Control and Diseases of Animals (Eradication of Bovine Tuberculosis) Rules.
 
2.         Interpretation
 
            In these Rules, unless the context otherwise requires—
 
            “cattle” means any bull, cow, heifer, calf or ox;
 
            “prescribed area” means any area prescribed by the Minister under Regulation 3;
 
            “tuberculin test” means any test approved by the Chief Veterinary Officer for determining whether cattle are infected with bovine tuberculosis.
 
3.         Application
 
            The Minister may, by notice published in the Gazette, declare any area of Malawi, including the whole of Malawi, to be an area to which these Rules shall apply.
 
4.         Movement of cattle into or out of prescribed areas
 
            (1)      Cattle shall not be moved into a prescribed area save under and in accordance with a permit issued by an inspector, and in accordance with the Movement of Farm Animals Rules. Cap. 66:02, sub. leg. (p. 4)
 
            (2)      An inspector may issue to any owner of cattle wishing to move such cattle into a prescribed area a permit in the form set out in the Schedule hereto (hereinafter referred to as a permit), which permit may contain such conditions as the inspector may in his discretion determine. Before issuing a permit the inspector may require evidence that all the cattle to be moved are free from bovine tuberculosis.
 
            (3)      Cattle may not be moved out of a prescribed area save in accordance with the Movement of Farm Animals Rules.
 
5.         Production of permit
 
            Any person to whom a permit has been issued, or any person moving cattle under the authority of a permit, shall produce such permit for inspection on demand by any inspector, police officer or other person duly authorized in writing by the Chief Veterinary Officer to inspect permits.
 
6.        Cattle to be produced for inspection, etc.
 
           In a prescribed area all owners of cattle shall produce such cattle at any reasonable time and place demanded by an inspector for treatment, vaccination, inoculation, testing, inspection or any other purpose connected with the diagnosis, prevention or treatment of bovine tuberculosis as the inspector may at his discretion require. The requirement and the determination of time and place shall be communicated to the owner by written notice served on him personally, or by a written notice published in a conspicuous place at the relevant District Headquarters or police station.
 
7.       Slaughter of infected cattle
 
         Any cattle determined by an inspector to be infected with bovine tuberculosis shall be slaughtered by the owner or by such person as the inspector shall authorize, at such time and place as the inspector shall determine.
 
8.      Offences and penalties
 
         Any owner of cattle who contravenes or fails to comply with these Rules, or who fails to slaughter his cattle when requested to do so by an inspector under rule 7, shall be guilty of an offence and shall be liable to a fine of K10,000 and to imprisonment for three months. G.N. 36/2003
 
SCHEDULE reg. 4
 
CONTROL AND DISEASES OF ANIMALS ACT
 
(CAP. 66:02)
 
ERADICATION OF TUBERCULOSIS RULES
 
PERMIT TO MOVE CATTLE
                ........................................................ of ...................................................
 
                ..............................................................................................................
 
                is authorized under the Control and Diseases of Animals Act to move the cattle described below
 
from ............................
 
                ..............................................................................................................
 
                to ............................................................................................................
 
                under the following conditions: .....................................................................................
 
                ..............................................................................................................
 
                ..............................................................................................................
 
No.Description of cattle to be movedRemarks
 
               The permit must be carried by the person accompanying the cattle and be produced on demand by any inspector, police officer or person duly authorized in writing by the Chief Veterinary Officer.
 
               Station: ......................................... Issuer of Permit: ..............................................
 
               Date: ........................................... Rank: .......................................................
 
                The issuer of the permit should state the route to be followed, the method of transport and the period for which the permit is available.
 
CONTROL OF DOGS RULES
 
ARRANGEMENT OF RULES
              RULE
 
             1.                   Citation, commencement and application
 
             2.                   Interpretation
 
             3.                   Registering authorities
 
             4.                   Application for registration of dog
           
             5.                   Certificates of registration and register
 
             6.                   Expiry of certificates of registration
 
             7.                   Separate certificates of registration to be issued
 
             8.                   Tags
 
             9.                   Duplicate tags and certificates of registration
 
 
            11.                  Dogs to wear collars
 
            12.                  Transfer of ownership of dog
 
            13.                  Production of dog and certificate
 
            14.                  Dogs from outside area
 
            15.                  Exemptions
 
            16.                  Fees
 
            17.                  Offences
 
                                    First Schedule
 
                                    Second Schedule
 
CONTROL OF DOGS RULES
 
under s. 8
 
G.N. 265/1971
 
5/1973
 
6/1973
 
1.       Citation, commencement and application
 
          (1)      These Rules may be cited as the Control of Dogs Rules.
 
          (2)      These Rules shall come into operation on such date as the Minister may, by notice, appoint:
 
           Provided that rules 11, 12, 13 and 17 shall not come into operation until one month after that date.
 
          (3)      These Rules shall apply in such Districts or parts thereof as the Minister may specify by notice published in the Gazette.
 
2.       Interpretation
 
          In these Rules, unless the context otherwise requires—
 
          “area” means a District or part thereof to which these Rules have been applied under subrule 1 (3);
 
          “certificate of registration” means a certificate of registration issued under rule 5;
 
          “registered” means registered under these Rules and cognate expressions bear corresponding meanings;
 
          “registering authority” means a registering authority referred to in rule 3;
 
          “vaccination certificate” means a certificate issued by an inspector under rule 10 of the Prevention of Rabies Rules. Cap. 66:02, sub. leg. p. 44
 
3.       Registering authorities
 
           The local authority for any District, or part of a District, shall be the registering authority for such District, or part thereof:
 
           Provided that the Minister may by notice published in the Gazette declare that with respect to the area referred to in the notice such person or authority as he may therein specify shall be the registering authority for such area in lieu of the local authority therefor.
4.       Application for registration of dog
 
          Application for the registration under these Rules of any dog shall be made either orally on in writing to the registering authority for the area in which the applicant is resident.
 
5.       Certificates of registration and register
 
           Every owner of an unregistered dog of the apparent age of six months or over shall register such dog and obtain in respect thereof a certificate of registration. Such certificate shall be in Form A in the First Schedule and each registering authority shall maintain a register consisting of duplicate copies of all certificates of registration issued by it.
 
6.       Expiry of certificates of registration
 
          (1)      Unless renewed under subrule (2), a certificate of registration shall expire after twelve months from the date of issue of the certificate.
 
          (2)      Upon application made either orally or in writing, and upon payment of the prescribed fee, a currently valid certificate or registration may, on its being produced by the applicant, be renewed for a further period of one year by the registering of the area in which the owner of the dog to which such certificate relates has his place of residence at the time of such application.
7.      Separate certificates of registration to be issued
 
          A separate certificate of registration shall be issued in respect of each dog registered.
 
8.      Tags
 
          A registering authority shall, when issuing, or renewing a certificate of registration also issue to the owner of the dog to which the certificate relates a tag stamped with a distinctive number and with the name of such registering authority. The number stamped on each tag shall be clearly entered on the certificate to which it relates by the registering authority.
 
9.      Duplicate certificates of registration
 
         (1)      On production of a currently valid certificate or registration to the registering authority which originally issued it, such authority shall, on payment of the prescribed fee, issue a duplicate tag in replacement of one which is established to the satisfaction of the authority to have been stolen, lost or destroyed.
 
         (2)      On production of such evidence as the registering authority may consider satisfactory of the theft, loss or destruction of any currently valid certificate of registration, and upon payment of the prescribed fee, such authority shall issue a duplicate certificate of registration in replacement of the one stolen, lost or destroyed.
10.    Applicants for certificates or registration or renewal thereof to tender evidence of vaccination, etc.
 
         Any person applying for a certificate or duplicate certificate of registration for a dog, or for the renewal of such a certificate, shall at the time of such application tender the prescribed fee and shall produce for the inspection of the registering authority concerned a vaccination certificate relating to such dog issued not more than thirty six months prior to such application, and, if so required by the authority, the dog itself. No such authority may issue, or renew, a certificate of registration if the person applying therefor fails fully to comply with the provisions of this rule.
 
11.   Attachments of tags to dogs
 
        Every tag issued in respect of a dog under rule 8 shall be attached to that dog by such means as  the Secretary may prescribe:
 
        Provided that the registering authority may, on being satisfied that the owner of any dog causes and will cause such dog to wear a collar at all times, permit such tag to be attached to such dog by means of its collar.
 
12.   Transfer of ownership of dog
 
        On the transfer of any registered dog from one person to another, the relevant certificate of registration shall be forwarded to the registering authority which issued it (or in the case of a renewed certificate, which last renewed it) the transferee’s name and address shall be endorsed on such certificate, if it is currently valid. Such endorsement shall be deemed to constitute an issue of such certificate to the transferee.
 
13.   Production of dog and certificate
 
        Every owner of a dog which is required to be registered under these Rules shall, if requested by any inspector or police officer, and within a reasonable time after such request, produce or cause to be produced for inspection by such inspector or police officer, the certificate of registration relating to such dog and at the same time, if so required, the dog itself.
14.   Dogs from outside area
 
         The provisions of these Rules shall not apply to any unregistered dog introduced into an area with the permission in writing of the registering authority for such area or an inspector until such dog has been in such area for a period of fourteen days if such dog is led on a leash or chain when in any street or public place.
 
15.   Exemptions
 
         The Minister may by notice published in the Gazette exempt any owner, or any class of owner, from all or any of the provisions of these Rules.
 
16.    Fees
 
          The fees specified in the second column of the Second Schedule shall be payable to the registering authority for the matters and things specified in the first column of that Schedule.
 
17.    Offences
 
          Any person who—
 
          (a) being the owner of a dog fails or neglects to register such dog when required to do so under these Rules, or having so registered it, fails or neglects to keep the relevant certificate of registration currently valid;
 
          (b) being the owner of a dog fails to comply with any of the provisions of rules 11, 12 or 13;
 
or
 
          (c) causes or permits any tag issued under these Rules to be borne on a collar worn by any dog other than the dog in respect of which such tag was issued, shall commit an offence and be liable, for a first offence, to a fine of K50 and imprisonment for three months, and for a second or subsequent offence be liable to a fine of K100 and to imprisonment for six months.
FIRST SCHEDULE
 
FORM A
 
CONTROL AND DISEASES OF ANIMALS ACT
 
(CAP. 66:02)
 
CONTROL OF DOGS RULES
 
CERTIFICATE OF REGISTRATION/RENEWAL OF REGISTRATION OF A DOG
 
(RULE 5)
 
           It is hereby certified that one dog, hereunder described, the property of
 
.....................................................
 
           ..............................................................................................................
 
(Name and address of owner)
 
           ..............................................................................................................
 
has been registered under the Control of Dogs Rules
          Breed ........................................................ Sex .............................................
 
          Colour, markings, etc., for purpose of identification:
 
          ..............................................................................................................
 
(Here put description of dog)
 
        and that tag number ........................................................ has (this day)Delete where inapplicable.* been issued in respect thereof.
 
         And that the fee of 75t has been paid.
 
...................................
 
for Registering Authority
 
        Date .................................................................................................................
 
        This Certificate must be produced for renewal on .......................................................................
 
SECOND SCHEDULE
 
FEES PAYABLE
 
(RULE 16)
 
First ColumnSecond ColumnRegistering any dog under these Rules and issuing the relevant Certificate of registration75tRenewing any Certificate of registration75tFor each duplicate tag or Certificate of registration supplied50t
CONTROL OF DOGS RULES (APPLICATION) NOTICE
under r. 1 (3) of the Control of Dogs Rules
 
G.N. 4/1973
 
1.       Citation
 
           This Notice may be cited as the Control of Dogs Rules (Application) Notice.
 
2.       Application of G.N. 265/1971
 
          The Control of Dogs Rules, are hereby specified to apply to the Districts listed in the Schedule hereto.
 
SCHEDULE
 
          The City of Blantyre
 
          The City of Lilongwe
  
          The Municipality of Zomba
 
          The City of Mzuzu
 
CONTROL AND DISEASES OF ANIMALS (PROHIBITION OF IMPORTATION OF ANIMALS) ORDER
 
under s. 6
 
G.N. 17/1990
1.        Citation
 
           This Order may be cited as the Control and Diseases of Animals (Prohibition of Importation of Animals) Order.
 
2.        Prohibition of importation of animals
 
           The importation of the animals of a kind specified in the First Column of the Schedule from the country specified in relation to such animals in the Second Column of the Schedule is hereby prohibited on account of the presence in that country of the disease specified in the Third Column of the Schedule.
 
SCHEDULE
 
First ColumnSecond ColumnThird ColumnLivestock and by-products thereofZimbabweFoot and Mouth Disease
 

Disclaimer

This document has been re-typed from its original version which is also available on MTP in order to assist with searching and indexing. It is not an approved version by the originating authority and in the case of doubt the original version will take precedence.

List Measures/Standards

Name Description Status Measures/Standards Measure Class
The costs and fees payable by the owner of animals held under quarantine The owners of quarantined animals pay the costs and fees for the quarantine and any other additional costs incurred by reason of keeping the animals but this may be varied or waived. Active Measure Goods
Prevention of movement of cattle out of a prescribed area. Cattle must not be moved out of a prescribed area save under and in accordance with the Movement of Farm Animals Rules. Active Measure Goods
Prohibition of importation of animals Prohibition of importation Livestock and by-products thereof in Zimbabwe because of presence of Foot and Mouth Disease diseases. Active Measure Goods