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Animal Epidemics Act B.E.2499 (1956)

BHUMIBOL ADULYADEJ P.R.

Given on the 28th of September B.E.2499

Being the 11th year of the Present Reign.

 

By Royal Command of His Majesty King Bhumibol Adulyadej it is hereby proclaimed that

Whereas it is proper that there be a law on animal epidemics;

His Majesty the King. by and with the advice and consent of the Assembly of the People's Representatives, is graciously pleased to en an Act as follows:

 

Section 1.

This Act shall be called the “Animal Epidemics Act B.E. 2499 (1956)”

Section 2.

This Act shall come into force after the expiration of ninety days form its publication in the Government Gazette.

Section 3.

The following are repealed:

(1) the Epidemics of Livestock and Beasts of Burden Act B.E. 2474;

(2) the Epidemics of Livestock and Beasts of Burden Amendment Act B.E. 2478; and

(3) the Epidemics of Livestock and Beasts of Burden Act (No.3) B.E. 2497

Provisions of all laws, regulations or rules insofar as the conflict with or are contrary to the provisions of this Act shall be governed hereby

Section 4.

In this Act

“Animal” means

*(1) Elephants, horses, cattle, buffaloes, donkeys, mules, goats, sheep, pigs, dogs, cats, rabbits, gibbons and shall mean to include the semen for breeding purposes and embryo (young of animals not yet develop completed visceral organs) of these animals.”

(2) Poultry of the classifications: birds, chicken, duck, geese, and shall include the eggs for fertilization, and,

(3) Other kinds of animals as may by determined by Ministerial Regulations;

“Carcass ” means the body or part of the body of a dead animal which has not yet been changed into cooked food or a finally processed product and shall include tusks, horns, and hair cut from animal while alive but which have not yet been changed into things in final processed forms.

“Epidemic disease ” means rinderpest, hemorrhagic septicaemia, anthrax, surra, glanders, epizootic lymphangitis (strangles) , foot and mouth disease, hog cholera (swine fever) and other diseases as may by determined by Ministerial Regulation;

“Owner ” shall include the person in possession. In cases involving animals whose owner is not apparent, it shall also include the person tending the animals or in whose custody the animals are;

“Port of entry ” means a place for the importation of animals and carcasses;

“Port of exit ” means a place for the exportation of animals and carcasses;

“Animal quarantine station ” means the place for the confinement of animals or carcasses for examination for epidemics;

“Trade” means middleman-type trade;

“Competent official” means persons appointed by the Minister;

“Inspector” means inspectors of the Department of Livestock Development or persons appointed by the Director General;

“Registrar” means the persons appointed by the Minister as registrar;

“Veterinarian” means veterinarians of the Department of Livestock Development or persons appointed by the Minister;

“Director General” means the Director General of the Department of Livestock Development,

“Minister” means the Minister in Charge under this Act.

Section 5.

Animals which belong to the Ministry of Defense are not under this Act.

Section 6.

With respect to dog, cats, rabbits, monkeys, gibbons, including the semen of such animals, and poultry of the classifications; birds, chicken, ducks, geese including eggs for fertilization, this Act shall apply only to importation, exportation, transit through the kingdom, or other act as may be prescribed by Royal Decree.

Section 7.

The Minister of Agriculture shall be in charge under this Act and shall have the power to appoint competent officials, registrars, and veterinarians, and to issue Ministerial Regulations prescribing rules for applying for and issuing licenses, fixing fees at no higher than the rates prescribed in the annexed schedule, or giving exemptions from fees in specific cases, and prescribing other matters to carry out the provisions of this Act.

Such Ministerial Regulations shall come into force upon publication in the Government Gazette.

 

Chapter 1

Prevention of Epidemics

 

Section 8.

In localities not yet proclaimed free zone of epidemic under Chapter 2 or in localities not yet proclaimed epidemic areas, suspected epidemic areas, or temporary epidemic areas under Chapter 3, if an animal is sick or dies of an epidemic disease where it is known, or if an animal becomes sick or dies suddenly from an unknown cause, or if in the same village or adjacent area there are two or more animals which have become sick of die having the same symptoms within seven days or each other, the owner shall notify the competent official, inspector, or veterinarian of the locality within twenty-four hours from the time the animal becomes sick or dies.

In the event animals become sick under the preceding paragraph, the owner shall see that all sick carcasses in the vicinity where they are. The owner and all other persons are forbidden to move any sick animal from that vicinity. In the event animals dies under the preceding paragraph, the owner shall see that the carcasses of such animals in the place where the animals dies. The owner and all other persons are forbidden to move, cut up, or do anything else to such carcasses. If the competent official, inspector, or veterinarian is unable to insect the carcasses within forty-eight hours from the time the animal dies the owner shall bury such carcasses at least fifty centimeters below the surface , also be covered over with earth extending fifty centimeters above the surface of the land, in case of large carcasses.

Section 9.

When notification is given under Section 8 or there are reasonable grounds to suspect an animal is sick or has dies because of epidemic disease, the competent official or inspector shall have have the power to issue orders in writing to have the owner do as follows;

(1) confine, separate, or move the sick animal or animal suspected of being sick within the area and according to the method prescribed.

(2) Burning are not possible, orders may by given for destruction by other means as may be deemed appropriate, or

(3) confine, separate, or remove animal which are or were in the same group with a sick animal or animal suspected of being sick or dead animal within the area and according to the method prescribed.

Section 10.

Upon notification under Section 8, or upon finding of reasonably suspecting an animal to be sick or be sick or to have died of an epidemic disease, veterinarians shall have the power to enter and examine the animal or carcasses and shall have the power to issue orders in writing to have the owner do as follows;

(1) confine, separate, or move the sick animal or animal suspected of being sick within the area and according to the method prescribed, or give treatment as may be thought proper,

(2) bury or burn all or part of the carcasses at the place prescribed. If burial or burning is not possible, destruction by other means as may be thought appropriate may be required,

(3) confine, separate, or remove animal which are or were in the same group with a sick or suspected sick or dead animal within the area and by the method prescribed or have the animals receive protection against epidemic as may be thought proper,

(4) destroy animals affected with epidemic disease or animals or carcasses which are carriers of epidemic disease in accordance with the regulations prescribed by the Director General with the approval of the Minister. In such case, the owner shall receive compensation provided in Ministerial Regulations with the amount not less than one half of the local market value of the animal before the epidemic occurs unless the owner has intentionally contravened the provisions of this Act,

(5) destroy epidemic carrying germs in animal feed or carcasses by the methods prescribed, or

(6) cleanse and disinfect land, building, vehicles, or things by the methods prescribed,

 

Chapter 2

Epidemic Free Zone

 

Section 11.

The Minister shall have the power he thinks fit in order to prevent the occurrence of epidemic for any kind of animal in any locality to proclaim in the Government Gazette all or part of such locality an epidemic- free zone. Such proclamation shall give the kind of animal and epidemic.

Section 12.

When an epidemic-free zone has been proclaimed under Section 11, no one may move animals or carcasses into or through such area unless by permission in writing with from the Director General or veterinarian authorized by the Director General.

Section 13.

Within epidemic-free zone, animal owner shall have the duty to comply with Section 8 , competent officials and inspectors shall have the power granted in Section 9, and veterinarians shall have the power granted in Section 10 and 18.

Section 14.

Within epidemic-free zone, if it appears that there is epidemic disease, or there is reason to believe there is epidemic disease , the Changwat Governor or veterinarian may proclaim it an epidemic area, suspected epidemic area, or temporary epidemic area as the case may be under chapter 3.

 

Chapter 3

Epidemic Areas

 

Section 15.

In any Changwat locality if there is epidemic disease or suspected epidemic, the Governor of Changwat shall have the power to proclaim all or part of the locality an epidemic area or suspected epidemic area as the case may be. This proclamation shall give the kinds of epidemic and shall be posted at the Changwat office, Amphur Offices, kamnans’ houses, village chiefs’ houses, at the meeting place within the area.

Section 16.

If a veterinarian is of the opinion that epidemic disease discovered in his or an adjacent locality will spread, he shall have the power to proclaim in writing a temporary epidemic area with a radius not more than five kilometers from the place the epidemic disease was discovered. This proclamation shall give the kinds of animals and kind of epidemic disease and shall be posted at Kamnans’ houses, village chiefs’ houses and at meeting place within the area and shall remain effective for thirty days from its issuance.

Section 17.

When there has been a proclamation of an epidemic area or suspected epidemic area under Section 15 or proclamation of temporary epidemic area under Section 16, no one may move animals and carcasses within such are or move animals or carcasses into or out of such area except by permission in writing from the veterinarian.

Section 18.

Within an epidemic area or suspected epidemic area under Section 15 or temporary epidemic area under Section 16, veterinarians shall have the power granted under Section 10 and the following power:

(1) to issue notices or instructions in writing to all owners to report the number of animals of certain kinds and if deemed proper to bring the animals for examination or protection or protection epidemic disease,

(2) to order owners of animals which have been examined or protected against epidemic disease to take the animals to be marked, or

(3) to order the quarantine of vehicles which carry animals or carcasses for inspection for epidemic disease and if deemed proper animals or carcasses may be ordered quarantined for observation as may be necessary

Section 19.

Within epidemic area or suspected epidemic area under Section 15 or temporary epidemic area under Section 16, if any animal is sick or dies its owner shall inform the competent officials, inspectors, or veterinarians within twelve hours from the time the animal becomes sick or dies and the provisions of Section 8 , paragraph 2 shall apply mutatis mutandis.

Section 20.

In any Changwat locality proclaimed an epidemic area or suspected epidemic area, if it appears that the epidemic disease has subsided or that there is absolutely no epidemic disease, the Changwat Governor shall withdraw the proclamation.

 

Chapter 4

Control of Trade in Animals and Carcasses

 

Section 21.

No one may trade in elephants, horses, buffaloes, sheep, goats, pigs or other animals as prescribed in Ministerial Regulations or trade in carcasses as prescribed in Ministerial Regulations except upon obtaining a license from the registrar.

Section 21.

(b) No one is permitted to sell, distributed, dispose of, exchange or to possess for purposes of trade, semen for breeding purposes, or embryo of elephants, horses, cattle, buffaloes, goats, sheep, pigs or other kinds of animals specified in the Ministerial Regulations , except upon obtaining a license from the registrar. Application for and granting of the permit shall follow the rules, procedures and conditions set by the Director General to be announced in the Government Gazette.

Section 22.

The licenses under Section 21 or Section 21 (b) shall remain valid till the last day of the calendar year they are issued.

Section 23.

Persons engaged in animal or carcass trade shall comply with the conditions prescribed in the license.

Section 24.

In the event a person, who received his license issued from Section 21 or Section 21 (b) , violates provisions of this Act or the conditions specified in his license, veterinarians shall have the power to seize his license for submission to the registrar. The registrar may, if he thinks fit, order the suspension or revocation of the license.

A person whose license has been seized, suspended, or revoked under paragraph 1 has the right to appeal to the Minister or official designated by him within thirty days from the date of seizure, or revocation as the case may be. The decision of the Minister or official entrusted by him shall be considered final.

 

Chapter 5

Miscellaneous

 

Section 25.

If an animal whose owner is not apparent is sick or dies on the land of any person, the owner of that land shall have the duty to comply with the provisions of this Act just as the owner of the animal and when the owner of the animal becomes known later, the owner of the land shall have the right to recover actual expenses from the owner of the animal.

Section 26.

If an animal whose owner is not apparent is sick or dies of an epidemic disease on public or on land whose owner is unknown. Competent officials, inspectors, or veterinarians shall have the power to quarantine the animal or carcasses at a place deemed appropriate upon such land. When deemed appropriate such carcasses may be buried. In case of necessity to keep the epidemic disease from spreading, veterinarian may destroy the animals or carcasses or bury such carcasses, upon such land.

When the owner of the animal becomes known later, competent officials, inspectors, or veterinarians shall have the right to recover actual expenses , upon such land.

Section 27.

For animals accompanying their owners or transported by vehicles, if it appears that they contact epidemic diseases or become carriers of epidemic disease, the veterinarian shall have the power to order their quarantine at appropriate places as need be.

All expenses arising there-from shall be for the account of the animal owners.

Section 28.

No one may dissect carcass buried in accordance with the provisions of this Act except by permission in writing of the veterinarian.

Section 29.

When it appears that there is epidemic disease or carriers of epidemic disease or there is reason to believe there is epidemic disease or carriers of epidemic disease in any vehicle, building, or other place, veterinarians shall have the power to summon such vehicle for inspection or enter into such building or other place, and the owner shall give reasonable convenience to the veterinarian.

Entering into a building or other place under the preceding paragraph may done between sunrise and sunset.

Section 30.

The Minister shall have the power to give notice in Government Gazette:

(1) prescribing ports of entry and ports of exit,

(2) forbidding the importation or transit through the kingdom of animals or carcasses from areas outside the kingdom in the event such areas have or are suspected of having epidemic disease, and

(3) laying down rules for the seizure, destruction, or return of animals or carcasses without compensation in case of;

a. importation or transit through the kingdom in violation of the provisions of this Act. or

b. importation or transit through the kingdom in compliance with the provision of this Act of animals having epidemic disease or of animals or carcasses is carrying epidemic disease upon or after importation or entry for transit.

Section 31.

No one may import, export, or transit though the kingdom animals or carcasses without having obtained a license from the Director General.

The Director General or person authorized by the Director General may prescribe such conditions as may deemed appropriate in the license.

Importation, exportation, or transit through the kingdom of animal or carcasses under this Section shall be done at ports of entry or ports or exits as the case may be unless the Director General or person authorized by the Director General shall order otherwise.

Section 32.

Whoever imports, exports or transit through the kingdom animals or carcasses shall comply with the Ministerial Regulations.

Section 33.

The Director general shall have the power by notification in the Government Gazette:

(1) to appoint inspectors to oversee implementation of this Act;

(2) to set up animal quarantine station and animals transportation depots;

(3) to set up the regulations for destroying animals tainted by the epidemic disease or animals or carcasses of animals becoming carriers of epidemic disease;

(4) to set up the regulations for inspections and disaffection of animals and carcasses of animals in case of importation, exportation, exportation or transit through or on domestic movement in the Kingdom.

Section 34.

Any person moving elephants, horses, cattle, buffaloes, goats, sheep, pigs, embryo, semen for breeding purposes or other kinds of animals specified in the Ministerial Regulations, or animal carcasses specified in the Ministerial regulations, to the provincial area , shall first obtain a permit from the local Veterinarian concerned.

Upon issuing a permit under the preceding paragraph, the veterinarian may impose necessary conditions in the permit regarding the routes and types of vehicles to be used for transporting the animals, as well as animal transportation stations and animal quarantine station to be passed in accordance with the regulations set up by the Director General. The leading to animals for feeding or working from time to time is exempted.

Section 35.

Whoever takes animals through animal quarantine station shall comply with Ministerial Regulations.

Section 36.

Whoever exports animals or carcasses for sale abroad shall comply with Ministerial Regulations.

Section 37.

Fifty percent of all fees collected as lodging house charges for animals or carcasses to be exported shall be retained as a fund for expenses in the control or exportation of animals and carcasses for sale abroad. Whatever remains shall be limited as state revenue.

Section 38.

Inspectors shall have the power to arrest those who violate the provision of this Act, and to seize animals, carcasses of animals or other objects connected with the violation of this act for delivery to the inquiry officers for him to proceed under the criminal procedures Act, so to take action under Section 51.

 

Chapter 6

Penalties

 

Section 39.

The violator of the Provisions of Section 8, paragraph 1, shall be liable to a fine not exceeding Bath 2,000.

Section 40.

The violator of the Provisions of Section 8, paragraph 2 or of the orders of competent officials and inspectors under Section 9 , or of provisions of Section 19, or owner of vehicles, premises or locations, who obstructs or fails to provide appropriate facilities to the veterinarian under Section 29 , paragraph 1 , shall be liable to imprisonment not exceeding 2 months or a fine not exceeding Bath 4,000 or both.

Section 41.

The violator of orders of the veterinarians under Section 10 or Section 18 or Section 23 shall be liable to imprisonment not exceeding 6 months or a fine not exceeding Bath 10,000 , or both.

Section 42.

The violator of Section 12, Section 17, Section 21, Section 21 (b), or Section 28 shall be liable to imprisonment not exceeding 1 year or a fine not exceeding Bath 20,000 , or both.

Section 43.

Whoever contravenes Section 13, In the event of non-compliance with Section 8, paragraph 1 shall be subject to the penalty provided in Section 39.

In the event of non-compliance with Section 8, paragraph 2 or contravened orders of Competent officials or inspectors under Section 9 shall be subject to the penalty provided in Section 40.

In the event of non-compliance with an order of a veterinarian under Section 10 or 18 shall be subject to the penalty provided in Section 41.

Section 44.

The land owner who fails to fulfill his duties specified under Section 25 shall be liable to fine not exceeding Bath 2,000.

Section 45.

(this Section is repealed)

** Section 45 is repealed by virtute of Section 11 of the Animal Epidemics Act (No.2) B.E. 2542

Section 46.

The violator of proclamation of the Minister under Section 30 (2) shall be liable to imprisonment not exceeding 2 years, or to a fine not exceeding Bath 40,000 or both.

Section 47.

The violator of Section 31, paragraph 1 or paragraph 3 or of the conditions specified in the license under Section 31, paragraph 2 shall be liable to imprisonment not exceeding 2 years, or a fine not exceeding Bath 40,000, or both.

Section 48.

The violator of Section 32, Section 35 or Section 36 shall be liable to imprisonment not exceeding 2 months, or to a fine not exceeding Bath 4,000, or both.

Section 49.

The violator of Section 34, paragraph 1 or of the conditions specified in the license under Section 34, paragraph 2 shall be liable to imprisonment not exceeding 2 months, or a fine not exceeding Bath 10,000, or both.

Section 50.

Any person using a false mark or changing the marking on an animal to give the impression of marking of the competent official, or destroying or changing any marking placed by competent official of animals, or container, or wrapper of carcass of animals, shall be liable to imprisonment not exceeding 2 months, or a fine exceeding Bath 10,000, or both.

Section 51.

For offenses under this Act that are to punishment by fine only, the Director General or official designated by him shall have the authority to settle the case. When the alleged offender has paid the fine the amount settled within the specified period, the case shall be considered terminated.

Section 52.

The Director General is authorized to disburse the prize money or reward under the regulations set up by him and approved by the Ministry of Finance.”


Schedule of Fees

 

Item

Particulars


Baht

Remarks

1

Animal Import License
Elephants
Horses, cattle, buffaloes, donkeys, mules, dogs, cats,
monkeys, gibbons
Sheep, goats, pigs, rabbits
Ostriches, emus
Chicken, ducks, geese, fowls
Other kinds of animals
Semen for breeding purposes
Embryo
Ostrich egg, emu egg for breeding purposes
Eggs of other fowls for breeding purposes


each animal

each animal
each animal
each animal
each animal
each animal
dose
each
each
each


250

100
50
200
5
100
10
100
50
50

 

2

Animal Export License
Elephants
Horses, cattle, buffaloes, donkeys, mules, dogs, cats, monkeys, gibbons
Sheep, goats, pigs
Rabbits
Other kinds of animals


each animal
each animal
each animal
each animal
each animal


50,000
50
25
10
500

 

3

Animal Transit License
Elephants
Horses, cattle, buffaloes, donkeys, mules
Goats, sheep, pigs, dogs, cats, monkeys, gibbons
Cats, rabbits
Other kinds of animals
Semen for breeding purposes
Embryo
Ostrich egg, emu egg for breeding purpose
Egg of other fowls for breeding purpose


each animal
each animal
each animal
each animal
each animal
dose
dose
each
each


2,000
100
50
20
100
5
20
50
50

 

4

Carcasses Import License

per kilogram

20

*

5

Carcasses Export License

per kilogram

1

*

6

Carcasses Transit License

per kilogram

1

*

7

License to trade in elephant, horses, cattle, buffaloes, sheep, goats and pigs and other kinds of animals specified in the Ministerial regulations
(1) For export
(2) Within the kingdom
(3) Within a province



per license
per license
per license



2,000
400
100

 

8

Semen for breeding purposes or embryo sale license
(1) For export
(2) Within the kingdom


per license
per license


800
200

 

9

Carcasses trade license
(1) For export
(2) Throughout the kingdom
(3) Within a province


per license
per license
per license


400
100
20

 

10

Substitute permit to trade in animals
Semen breeding purposes or
embryo sale license, or carcasses trade license



per license



20

 

11

Disinfection charge on passing through animal quarantine station

each animal

5

 

12

Charge for lodging house for animals to be exported
Cattle, buffaloes
Pigs
Sheep, goats


each animal
each animal
each animal


50
30
20

 

13

Charge for lodging house for carcasses to be exported
Carcasses of cattle, buffaloes, pigs
Carcasses of sheep, goats


per kilogram
per kilogram


2
1

**

Remarks * For item no. 4, 5 and 6; fraction of 1 kilogram of 500 grams or more shall be counted as 1 kilogram. If less than 500 grams they shall be discounted.

** Fraction of 1 kilogram, of 500 grams or more shall be counted as 1 kilogram. If less than 500 grams they shall be discounted.

 

 

Countersigned by Field Marshal P. Pibulsonggram, President of the Council of Ministers.