Animal Health Bill; Marketing of Agricultural Products Amendment Bill: briefing

LAND AND ENVIRONMENTAL AFFAIRS SELECT COMMITTEE
15 October 2001
ANIMAL HEALTH BILL; MARKETING OF AGRICULTURAL PRODUCTS AMENDMENT BILL: BRIEFING

These minutes were provided by the Committee Clerk, Mr Keith Williams.

MINUTES
Briefing on Animal Health Bill [B 64- 2001]
The Department pointed out that the need to improve legislation with respect to animal health became apparent after the last outbreak of foot-and-mouth disease in KwaZulu-Natal.

The purpose of the legislation was to provide for measures to promote animal health and to control animal diseases; to assign executive authority with regard to certain provisions of this Act to provinces; to regulate the importation and exportation of animals and things; to establish animal health schemes; and to provide for matters connected therewith. It is important to note that current legislation does not regulate the exportation of animals.

The Bill makes provision for the appointment of a National Executive Officer (NEO). He/she will be a veterinarian working for NDA and will be appointed by the Minister for Agriculture and Land Affairs. He/she will exercise powers and functions under direction of the Minister. The NEO has the power to revoke any measure or to add new measures to be instituted in the event of the outbreak of a disease.

Some of the NEO's powers can be delegated to a Provincial Executive Officer (PEO).
The PEO ought to be a veterinarian and is appointed by the relevant MEC at provincial level. He/she can delegate tasks, in consultation with the Minister, to any person who is not an officer. These tasks will refer to measures to be implemented in a specific area and with respect to a specific disease. The NEO can amend/withdraw any decision of a PEO.

According to the new legislation, the Department can assign tasks to persons or groups of persons to be performed on behalf of Government. Here we are referring to institutions such as laboratories. This must be done with the approval of the Minister and can be done anywhere in South Africa.

There is a difference between delegating and assigning. The former is done to persons under one in a line of authority. The latter concerns persons who are not subordinates in a line of authority. Assignees are paid by the general public rather than by the Government and they are chosen because of their special expertise.

With the new legislation, all provinces are to be put on an equal footing and inputs from the veterinary services of all provinces are to be taken on board.

The PEO reports to the NEO and also receives information from him. The Minister can suspend any assignment given by a PEO or by the NEO. An MEC can also request the Minister to suspend any delegation done by a PEO.

The NEO must authorise the importation of contaminated substances like vaccines.

Restriction on exportation of animals and related products is a new aspect in this legislation. The NEO must issue an export health certificate. This gives a guarantee to the importing country and will be based on the requirements of the importing country. The NEO can stop any exportation on veterinary grounds.

There are also restrictions on importation and transit of animals and related products. An import permit is required and this is subject to a fee. The port of entry must be specified and the NEO can prevent entry if a health risk is suspected.

If a product is infected and has to be detained, the NEO must authorise its disposal. Quarantine stations and camps belonging to the Government are set up by the NEO and he/she must appoint quarantine masters who are directly responsible for quarantines.

The NEO can erect a permanent or temporary fence anywhere to prevent the movement of infected animals. He/she will also decide on points of passage for people. The owner of the land must be informed and compensation must be paid for any materials used. No person is allowed to alter or damage a fence.

The legislation tightens up the definition of stray animals. Foreign animals, which have strayed, can be claimed after two days, but owners must pay for their feed in quarantine.

The NEO is responsible for giving directives concerning the movement and quarantine of animals in an infected area. These directives also place farms under quarantine in the event of an outbreak and the NEO assumes control over the land.

On the basis of this legislation, the Minister, in consultation with the MEC, must establish animal health schemes where necessary. The tuberculosis scheme is an example of this.

The Bill also sets out the conditions under which an NEO can enter premises for the purpose of searching or carrying out inspections. In most cases he/ she will need a warrant to do this but section 19(9) stipulates conditions under which he does not need a warrant.

The disposal of the isolated, detained and seized animals in order to prevent the spread of a disease is also done by the NEO.

Provision is made for compensation to be paid in cases where animals or feed have been destroyed. This is done at fair market price.

When there is dissatisfaction with the actions or decisions of the NEO or PEOs, there is the option of an appeal. This is dealt with by the Appeal Board, which reports directly to the Minister.

Fees, fines, etc are determined by the NEO with the approval of the Minister.

Records must be kept of all importation. Confidentiality of information given to the NEO and the PEOs is assured except in cases where the law allows for access to information.

The section on defects in form was included in this legislation to ensure that documents or forms are not rendered invalid by minor errors.

The Minister of Finance now sets amounts set for penalties in the event of offences.

The legislation allows for certain presumptions to be made _ that samples are representative, for instance.

The provinces through delegation to the PEO will perform most of the functions of the NEO.

Responses to Questions
Appeals can be lodged at provincial level in that they can be made to the MEC.

Health certificates may not be given for exportation in the event of the receptor country not requiring them. This is in line with international trade agreements. However, the NEO may still use his discretion in this regard.

Capacity has been built in the provinces to perform functions arising from this legislation by the institution of three-year courses for animal health technicians. Furthermore, there is at present a widespread recruitment campaign for new veterinarians. In addition to this, the state veterinarians were transferred to the provinces in 1994/5. Provinces must however provide for delegated functions in their budgets, as these are Schedule 4 matters.

Certified copies of certificates and permits mentioned in this legislation will not be allowed. The originals will be required.

Specifications for keeping animals in isolation will be dealt with in the regulations to this Bill.

In the determination of fair market value for compensation, breeders' associations, auctioneers and the owners themselves are consulted. In the case of communal areas, other values are taken into account.

Animals will only be allowed in the city under specific conditions.

Consecutive permits, which are granted in the event of confidence in the importer/exporter, are problematic as they could be subject to abuse. The regulations will set out strict conditions for their issuance.

Quarantine masters are not given a blank cheque to collect funds, as they have to report their collections.

Briefing on the Marketing of Agricultural Products Amendment Bill
Technical amendments are made to the Marketing of Agricultural Products Act to stop the unconstitutional action of parliamentary committees dealing with the appointment of members of the National Agricultural Marketing Council (NAMC).

The legislation will also allow the NAMC to appoint committees without ensuring that all stakeholders are represented on them. The Minister however still has the final say with respect to committees.

A further amendment specifies that both sections 13 and 15 of the principal Act have to be complied with by the Minister when he/she considers the introduction of a levy.

The Auditor General must audit the collection of levies.

The Minister must consult extensively before the prohibition of the importation or exportation of agricultural products.

Clause 9 makes provision for money left over from old levies to be paid into a Trust.

The remaining amendments are merely consequential amendments.

Conclusion

The Chairperson thanked the Department for a valuable presentation and members for their attendance.

PRESENT:
North-West
Rev P Moatshe (Chairperson)

Eastern Cape
Mrs E C Gouws
Ms B N Dlulane
Mr R Z Nogumla

Free State
Rev M Chabaku

Gauteng
Mr P Malefane (Special delegate)

KwaZulu-Natal
Mrs J N Vilakazi
Mr H L Combrinck (Special delegate)
Mr P N Ngcobo (Special delegate)

Mpumalanga
Mr V V Windvoël
Mr T B Taabe

Northern Cape
Mr D M Kgware

Northern Province
Mr M L Mokoena
Mr R M Nyakane

Western Cape
Ms A M Versfeld

APOLOGIES
Dr E A Conroy
Mr A E van Niekerk

Also in attendance, from the Department of Agriculture:
Dr M E Mogajane _ ADG: Regulatory Services
Adv R van Zyl _ Head: Legal Services
Ms S Naidoo _ Legal Officer
Mr S G H Meyer _ Directorate: Veterinary Services
Mr J Krige _ ex-Directorate: Veterinary Services
Mr G K Brückner _ Director: Veterinary Services, W Cape
The Chairperson opened the meeting and welcomed members and guests present. Dr Mogajane of the Department of Agriculture then proceeded to brief the Committee on the Animal Health Bill.