Section 36 — ANIMALS (AMENDMENT) ACT 2013

(a)

any disease exists amongst any animals or birds in any

State or part of a State;

(b)

any disease is likely to be introduced into any State or part of a State; or

(c)

it is desired to control or eradicate any disease from any

State or part of a State, the Chief Minister may issue an order declaring such State or part of a State to be an infected area, a disease control area or a disease eradication area for the specified disease as the case may be, and may by the same or subsequent order—

(i)

prohibit either absolutely or conditionally the removal into or out of such area any animal, bird or carcass of any animal or bird;

(ii)

prohibit either absolutely or conditionally the slaughter of any animal or bird within such area;

(iii)

prohibit either totally or conditionally the sale of any carcass within such area;

(iv)

prohibit the keeping of carcass or the keeping or rearing of any animal or bird within such area;

(v)

impose conditions as to the cleansing and disinfection of market places, slaughter houses, abattoirs or any other places, or of baskets, crates, lorries and any other container or vehicle in which animals or birds have been kept or carried;

(vi)

require the production of animals or birds for examination (including the taking of blood, milk, urine or other substance from such animals or birds), vaccination and the tattooing or otherwise marking of such animals or birds;

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(vii)

prohibit the keeping or rearing of any animal or bird in the whole or part of the area;

(viii)

notwithstanding any other provisions of this

Act or regulations made under it, withdraw any licence or permit for the importation of any animal, bird or carcass issued under this Act or impose any further conditions on such licences or permits;

(ix)

impose any other conditions or make any provisions that may be necessary to prevent the introduction or spread of or to control or eradicate such disease.

(2)

Subject to subsection (1) when an area has been declared to be an infected area, a disease control area or a disease eradication area the State Director may issue such order not inconsistent with any order made under subsection (1) to regulate the tying-up isolation, segregation, movement or slaughter of animals or birds or to carry out other prophylactic measures or the tattooing or otherwise marking of animals or birds within the area as he may deem necessary to control and check the spread of or to eradicate the disease and in the event of any owner or person in charge of any animal or bird failing to comply with such order the State Director may take such steps as are necessary to effectively isolate or segregate such animal or bird and all expenses incurred thereby shall be recoverable from the owner or person in charge or both.

(3)

Every order made under subsection (1) or (2) shall be published in the State Gazette, but shall come into operation immediately upon the making of the order.

(4)

Any animal or bird found straying within an infected area, a disease control area or a disease eradication area in contravention of an order given under subsection (1) or (2) may be destroyed immediately by a veterinary authority or may be dealt with in accordance with section 68 of this Act .

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(5)

Any animal, bird or carcass which is slaughtered, moved or offered for sale or sold in contravention of an order given under subsection (1) or (2) may be ordered by a veterinary authority to be destroyed immediately or may be dealt with in accordance with section 68 of this Act .

(6)

For the purpose of carrying out any test, vaccination or prophylactic treatment under subsection (2) a veterinary authority may order that the animals or birds be delivered to him at a specified place or time and no such animal or bird shall be removed from such place without the permission of the veterinary authority.

(7)

Any person who fails to comply with any order made under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.

(8)

No compensation shall be payable for any animal, bird or carcass destroyed or seized under this section.

Special permits