Malaysia legislation
Section 25
Section 25
(2)
If an order made under subsection (1) is not complied with within the specified period the State Veterinary Authority may, with the approval of the Minister, cause such premises to be destroyed and the materials to be buried.
(3)
The State Veterinary Authority shall make a report to the
Minister upon every order made under this section and the Minister may in his discretion give or withhold compensation for any premises so closed or destroyed.
(4)
Any person who fails without lawful excuse to comply with any order made under subsection (1) shall be liable to a fine not exceeding three thousand ringgit or to imprisonment for a period not exceeding nine months or to both such fine and imprisonment.
Disinfection or destruction of articles 26.—
The State Veterinary Authority may order the disinfection or destruction of any of bedding, clothing, harness, fittings, buckets, pails, or utensils whatsoever used in connection with any infected animal, fish, animal or fish products and compensation to be assessed by it shall be payable for any articles so destroyed.
(2)
Any person who fails without lawful excuse to comply with any order made under this section shall be liable to a fine not exceeding one thousand ringgit.
Disinfection of person and clothing 27.—
The State Veterinary Authority may order the disinfection of the body and clothing of any person who has been in contact with, in charge of, or attendant upon, any animal, fish, animal or fish products infected with or reasonably believed to be infected with disease.
(2)
Any person who fails without lawful excuse to comply with any order made under this section shall be liable to a fine not exceeding one thousand ringgit.
Disinfection of vehicle 28.—
The State Veterinary Authority may order the disinfection of any vehicle or conveyance entering or leaving a premises to be disinfected, closed or destroyed under section 24, 25 or 26, or which has been used in the transport of any animal, fish, animal or fish products infected with or reasonably believed to be infected with disease.
(2)
Any person who fails without lawful excuse to comply with any order made under this section shall be liable to a fine not exceeding one thousand ringgit.
Disposal of infected animal, fish, animal or fish products 29.—
No person shall knowingly cast or cause or permit to be cast into any drain, stream, river, street or open space or otherwise expose any animal, fish, animal or fish products which is or has been infected with disease or any feed, litter, dung or thing which has been used in connection with any infected animal, fish, animal or fish products.
(2)
Any person who contravenes subsection (1) shall be liable to a fine not exceeding two thousand ringgit or to imprisonment not exceeding six months or to both such fine and imprisonment.
Owner of diseased or dead animal or fish to report 30.—
Every owner or person in charge of any animal or fish infected with or reasonably suspected to be infected with disease shall immediately make a report to the State Veterinary Authority and shall, as soon as reasonably practical, cause such animal or fish and all other animals or fish which have been in contract with it to be confined and isolated until the arrival of the State Veterinary Authority.
(2)
Every owner or person in charge of any animal or fish reasonably suspected to have died of disease shall immediately report such death to the State Veterinary Authority and, in the case of an animal or fish, the carcass shall not be removed without permission from the State Veterinary Authority:
Provided that it shall not be an offence to bury the carcass of such animal or fish if no instruction have been received within twenty-four hours of making such report or where through distance, difficulty of terrain or of communication the report cannot be made within twenty-four hours.
(3)
Any person who fails without reasonable excuse to make any report required under this section shall be liable to a fine not exceeding five hundred ringgit.
(b)
Any person who fails without reasonable excuse to cause any animal or fish to be confined and isolated as required by subsection (1) or permitting the carcass of an animal or fish to be moved contrary to subsection (2) shall be liable to a fine not exceeding one thousand ringgit.
SPECIAL PROVISIONS RELATING TO ANIMALS OR
FISH (OTHER THAN DOGS AND CATS)
Application 31.
Sections 32 to 36 shall not apply to dogs and cats.
Disposal of dead animal or fish 32.—
The owner or person in charge of any animal or fish that has died from disease or has been destroyed by order of the State
Veterinary Authority shall incinerate or otherwise dispose of the carcass thereof as the State Veterinary Authority may direct.
(2)
Any person who fails without reasonable excuse to comply with any directions given by the State Veterinary Authority under subsection (1) shall be liable to a fine not exceeding one thousand ringgit.
Moving or disposal of diseased or suspected animals or fish 33.—
No person shall move or dispose of, whether by sale or otherwise, any diseased animal or fish, or reasonably suspected of being diseased or of being a contact or of the carcass of such animal or fish or dung of such animal or fish or of the milk of such animal, except under and in accordance with the written permission of the
State Veterinary Authority.
[Sub. Cap. A97.]
(2)
Any person who contravenes subsection (1) shall be liable to a fine not exceeding one thousand ringgit.
Removal of articles from infected premises 34.—
The State Veterinary Authority may by order prohibit the removal of milk, manure, feed, litter or other articles likely to carry or convey infection, from premises on which there is or recently has been, any animal or fish infected with disease.
(2)
Any person who fails without reasonable excuse to comply with any order made under this section shall be liable to a fine not exceeding one thousand ringgit.
Infected area, disease control area and disease eradication area 35.—
Whenever there is reasonable cause to believe that—
(a)
any disease exists among any animal or fish in the State or any part of the State;
(b)
any disease is likely to be introduced into the State or any part of the State; or
(c)
it is desirable to control or eradicate any disease from the State or any part of the State, the Minister may issue an order declaring the State or any part of the
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, fish, animal or fish products;
(ii)
prohibit either absolutely or conditionally the slaughter of any animal, fish, animal or fish products within such area;
(iii)
prohibit either totally or conditionally the sale of any animal, fish, animal or fish products within such area;
(iv)
prohibit the keeping of any animal or fish product or the keeping or rearing of any animal or fish within such area;
(v)
impose conditions as to the cleaning and disinfection of market places, abattoirs, buildings or any other places, or of baskets, crates, and any other container or vehicle in which animals or fish have been kept or carried;
(vi)
require the production of animals, fish or their products
(including the taking of blood, milk, urine, fluid or other substance from such animals or fish), vaccination and the tattooing or otherwise marking of such animals or fish;
(vii)
prohibit the keeping or rearing of any animal or fish in the whole or part of the area;
(viii)
notwithstanding any other provision of this Ordinance or rules made thereunder, withdraw any licence or permit for the import of any animal, fish, animal or fish products issued under this Ordinance or impose any further conditions on such licence or permit;
(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.
[Am. Cap. A97]
(2)
Subject to subsection (1), where an area has been declared to be an infected area, a disease control area or a disease eradication area, the State Veterinary Authority 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 fish or birds or to carry out other prophylactic measures or the tattooing or otherwise marking of animals or fish 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 fish or bird failing to comply with such order the State Veterinary Authority may take such steps as are necessary to effectively isolate or segregate such animal or fish and all expenses incurred 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 Gazette, but shall come into operation on such date as may be specified in the order.
(4)
Any animal found straying within an infected area, a disease control area or disease eradication area in contravention of an order issued under subsection (1) or (2), may be destroyed forthwith by the State Veterinary Authority or may be seized and detained until its forfeiture has been ordered.
(5)
Any animal or fish or their products which is moved or offered for sale or sold in contravention of an order issued under subsection (1) or (2), may be ordered by the State Veterinary
Authority to be destroyed forthwith or may be seized and detained until its forfeiture has been ordered.
(6)
For the purpose of carrying out any test, vaccination or prophylactic treatment under subsection (2), the State Veterinary
Authority may order that the animal or fish be delivered to him at a specified place or time and no such animal or fish shall be removed from such place without the permission of the State Veterinary
Authority.
(7)
Any person who fails without reasonable excuse to comply with any order made under subsection (1) or (2) shall be liable to a fine not exceeding one thousand ringgit.
(8)
No compensation shall be payable for any animal or fish or their products destroyed or seized under this section.
(9)
Notwithstanding subsection (8), where a specific national disease eradication scheme is in operation, compensation may be payable as may be approved by the Minister.
(10)
For the purpose of this section, “disease” shall mean any disease specified in the First Schedule.
(b)
The Minister may, by Order published in the Gazette, add to, vary or amend the First Schedule.
Special permit 36.
The State Veterinary Authority may, with the approval of the Minister, grant, subject to such conditions as he may consider necessary, permission to the owner of any animal or fish to remove it into or out of any infected area.
SPECIAL PROVISIONS RELATING TO DOGS
IN CONNECTION WITH RABIES
Rabies-infected area 37.—
The Minister may, by order published in the Gazette, declare the State or any part thereof to be a rabies-infected area.
(2)
No person shall take any dog out of a rabies-infected area except in accordance with a written permit issued by the State
Veterinary Authority.
(3)
The owner or person in charge of any dog within a rabies-infected area shall cause such dog to be kept under effective control, either by—
(a)
confining it within an enclosed area from which it is impossible for the dog to escape; or
(b)
tying it up securely; or
(c)
leading it by a chain or lead of strong cord or leather properly secured to a collar or harness worn by the dog:
Provided that the State Veterinary Authority if it is satisfied that any dog, whether by reason of prophylactic treatment or otherwise, is immune from infection by rabies, may exempt such dog from the requirements of this subsection subject to such conditions as may be imposed.
(4)
Any dog found within a rabies-infected area which is not under effective control in accordance with subsection (3) may be destroyed by any person authorized in writing in that behalf by the
State Veterinary Authority and any person so authorized may enter any land, building or premises for the purpose of carrying out the provisions of this subsection:
Provided that such person—
(a)
shall not enter into any dwelling-house for such purpose except during the hours of daylight; and
(b)
shall, if so required, produce and show his written authority to the owner, occupier or person for the time being in charge of such land, building or premises.
(5)
Any person who contravenes subsection (3) shall be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding three months or to both such fine and imprisonment.
(b)
Any person who fails without reasonable ground to comply with subsection (4) shall be liable to a fine not exceeding two thousand five hundred ringgit.
Destruction or detention of animal suspected to be infected with rabies 38.—
Where the State Veterinary Authority or any authorized person reasonably suspects that any animal may be infected with rabies or has been exposed to rabies infection, it may in its discretion either cause the animal to be destroyed forthwith or may order the owner or person in charge of such animal to take it forthwith to an animal quarantine station for detention and observation.
(2)
If the owner or person in charge of any such animal fails to comply with such order, the State Veterinary Authority may either cause the animal to be destroyed or take possession of the animal and remove it to an animal quarantine station.
(3)
The Veterinary Authority may either destroy any such animal in the animal quarantine station or may detain it until he is satisfied that it is free from disease.
(4)
The State Veterinary Authority may take possession of the body of any animal that has died or has been destroyed and which is reasonably suspected to have been infected with rabies and may dispose of it in such manner as it may think fit.
(5)
No compensation shall be payable to any person in respect of the destruction of any animal pursuant to this section.
(6)
Any person who fails without reasonable cause to comply with subsection (1) shall be liable to a fine not exceeding one thousand ringgit.
Detention of any dog that has bitten a person 39.—
(a) The State Veterinary Authority or an authorized person may order the owner or person in charge of any dog that has or is reasonably believed to have bitten any person to produce the dog to it or him for examination by a veterinary officer or a veterinary surgeon approved by the State Veterinary Authority; but pending such examination, the dog may be detained by the State Veterinary
Authority or authorized person at such place as it or he may deem fit.
(b)
If the owner or person in charge of dog fails to comply with such order, the State Veterinary Authority or an authorized person may take possession of the dog and remove it to an animal quarantine station or a veterinary centre.
(c)
Any person who fails without lawful cause to comply with any order made under this section shall be guilty of an offence:
Penalty, a fine not exceeding one thousand ringgit.
(2)
If the examination of the dog pursuant to subsection (1)(a)
reveals that the dog is suffering from rabies, the State Veterinary
Authority shall order the dog to be destroyed forthwith and shall also notify the person bitten by the dog or the medical practitioner or medical officer treating him, of the result of the examination aforesaid.
Anti-rabies vaccination of dogs 40.—
The Minister may, by Order (in this section referred to as an “Anti-rabies Vaccination Order”) published in the Gazette, require that all dogs within the State, or any part thereof shall be submitted to anti-rabies vaccination.
(2)
Every Anti-rabies Vaccination Order shall remain in force until the thirty-first day of December of the year in which it is made or until the revocation of the same, whichever period shall be the shorter, but without prejudice to the making of further Anti-rabies Vaccination
Order to take effect upon the expiry of the said period.
(3)
Where an Anti-rabies Vaccination Order has been made the State Veterinary Authority shall specify the period of time within which, and the places at which, dogs or groups of dogs, shall be produced for the purposes of such vaccination.
(4)
All such arrangements for vaccination of dogs shall be published in such manner as the State Veterinary Authority may consider necessary.
(5)
The State Veterinary Authority may further require that every dog which has been vaccinated in accordance with an Anti-rabies Vaccination Order shall, after such date as may be specified, at all times during the continuance in force of that Order and within the area to which that Order applies, carry upon it a serially numbered metal badge or mark, tag or other evidence of vaccination, and any dog found within such area after the date specified, whether at large or not, which does not carry the proper evidence of vaccination may be detained or destroyed.
(b)
The State Veterinary Authority may authorize in writing persons to destroy dogs in accordance with paragraph (a) and any person so authorized may enter any land, building or premises for the purpose of carrying out the provisions of this subsection:
Provided that such person—
(i)
shall not enter into any dwelling-house for such purpose except during the hours of daylight; and
(ii)
shall, if so required, produce and show his written authority to the owner, occupier or person for the time being in charge of such land, building or premises.
(6)
If any owner or person in charge of a dog fails to comply with any Order or direction made or given under subsection (1) or (3), the State Veterinary Authority may detain or destroy such dog.
(7)
Any owner or person in charge of a dog who fails without reasonable cause to comply with any Order or direction made or given under subsection (1) or (3) shall be guilty of an offence: Penalty, a fine not exceeding two thousand five hundred ringgit.