Author: mn@admin

Amendment Rules

Animal Health and Livestock Services (first Amendment) Rules, 2063 2063.5.5 In exercise of the powers conferred by Section 33 of the Animal Health and Livestock Services Act, 2055 (1999), Government of Nepal has, framed the following Rules:

Chapter-1
Preliminary

1. Short Title and Commencement:

(1) These Rules may be called as “Animal  Health and Livestock Services Rules, 2056 (1999)”
(2) These Rules shall come into force immediately

2. Definition:

Unless the subject or context otherwise requires, in these Rules,-
(a) “Act” means the Animal Health and Livestock Services Act, 2055 (1999)
(b) “Disinfection” means the process whereby the infectious element in any matter is destroyed by the chemical or physical device referred to in Schedule (1).
(c) “Cold Store” means the Place to keep the product of animal origin, biological products or livestock product materials in the suitable temperature from technical point of view in order to avoid the deterioration in their standards.
(d) “Authentic Certificate” means the certificate relating to animal health authenticated by the Animal Quarantine Officer or Veterinary Officer of the concerned country
(e) “Quarantine Certificate” means the certificate to be issued by a Quarantine Officer having followed the quarantine procedures relating to the animal, products of animal origin or livestock product materials to
be imported into the Kingdom of Nepal.
(f) “Biological protection” means the measures taken by any animal firm in order to prevent the infection that is likely to be caused inside the farm from the outer environment.

Chapter-2 Provisions Relating To Animal Quarantine

3. Establishment of Quarantine Check Post:

(1) The Quarantine Check Post  shall be established pursuant to Section 3 of the Act in the following places:

(a) The International point for export and import of animal,  product materials;

(b) International airport;

(c) The point of more transportation of animal, products of animal origin or Livestock product materials.

2. The following provisions shall be made in the Check post to be established pursuant to Sub-rule (1):

(a) Provision of separate entry and exit gates for the movement of animals;

(b) Provision of easy system of sanitation and disinfection of the house and shed to be used for quarantine;

(c) Provision of platform for loading and unloading of the animals and product of animal origin to be carried by
various types of vehicles.

4. Construction of Quarantine Spot:

(1) The individual or organization willing to construct a quarantine spot in the place in which quarantine check post has been established pursuant to Rule 3 shall have to submit an application for recommendation along with working plan to the Department.

(2) If an application has been made pursuant to Sub-rule (1), the Department shall, if it deems appropriate upon necessary investigation to allow to construct the quarantine spot, provide the recommendation letter to the
applicant.

(3) Nepal Government may, if an application has been submitted along with the recommendation letter referred to in Sub-rule (2), grant permission to construct a quarantine spot. Provided that, a separate quarantine spot may be prescribed on the consent of the importer and of the Department for the animals imported for reproduction

5. Terms to be Followed While Constructing a Quarantine Spot:

(1) Theterms to be followed and the criteria to be met while constructing a quarantine spot shall be as follows.

(a) The land area should be of at least 6,500 sq meters;

(b) At least 500 (five hundred) meters far from the animal husbandry area, animal firm, abattoir, animal market, and
the places of movement of animals;

(c) Arrangement shall be made to prevent the contact of the animals kept inside the quarantine with the outside
animals;

(d) Arrangement for separate places shall be made for the animals of different species and for animals that have been
entered into at different times;

(e) Appropriate arrangement shall be made for drinking water, light, ventilation and sewerage for animals;

(f) Arrangement shall be made for next inside door, in addition to main door, for the entry and exit of animals;

(g) Arrangement shall be made for places for storage of feeds, water, fodder, hay etc;

(h) Arrangement of platform shall be made for unloading and loading of animals to and from the means of transport;

(i) The floor shall be constructed in such a way that it may be cleaned up disinfected and dried easily;

(j) Arrangement shall be made for separate and adequate places for keeping the animals, storing the products of
animal origin and livestock product materials.

(k) Arrangement shall be made for keeping the materials required to be kept in colds store, if any,

(l) There shall be adequate place for disinfection and appropriate place for storage of chemicals and materials
for that purpose; and

(m) Provisions shall be made for deputation of employees efficient in the concerned subjects.

(2) No works other than those relating to quarantine shall be carried out inside the quarantine spot.

6. Period for Keeping in Quarantine:

(1) The Quarantine Officer shall, if an updated and authenticated certificate of vaccination carried out in the country
from which the animal is imported against the disease existed in Nepal has been submitted, keep the animal in quarantine, and he may release such animal if it is found healthy upon having ascertained and examined the identification symbol in accordance with the certificate.

(2) If it could not be ascertained pursuant to Sub-rule (1), or if the animal is not found to be healthy or if the animal is imported without authenticated certificate of vaccination, such an anima shall be kept in the  quarantine spot.

(3) While keeping any animal in quarantine pursuant to Sub-rule (2), it shall be kept for the following duration for the following diseases, for the duration as prescribed by Government of Nepal in a Notification published in
the Nepal Gazette:

(a) Rinderpest -21 days
(b) Foot and Mouth Disease -21 days
(c) Pestes des petits Ruminants -21 days
(d) Lumpy Skin Disease -21 days
(e) Sheep pox and Goat pox -21 days
(f) Blue Tongue -40 days
(g) African Swine Fever -40 days
(h) Classical Swine Fever -40 days
(i) African Horse sickness -40 days
(j) Vesicular Stomatitis -21 days
(k) Swine vesicular Disease -28 days
(l) Contagious Bovine Pleuropneumonia – 6 months
(m) Rift Valley Fever -30 days
(n) Fowl Plague -21 days
(o) New Castle Disease -21 day

(4)While prescribing the duration for keeping in the quarantine in connection with the diseases other than those referred to in Sub-rule (3), the  duration shall be prescribed so as to matching the incubation period after the
entry of biological pathogen into the body.

(5) The animals having completed the quarantine duration prescribed under this Rule shall be released by the Quarantine Officer having vaccinated them against the infectious diseases prescribed by a public notification from
time to time. The expenditures incurred in carrying out such vaccination shall be borne by the concerned Importer.

(6) If the Quarantine Officer deems the imported products of animal origin or livestock product materials appropriate upon an examination, he may release them.

(7) The importer shall have to take back the animals, the products of animal origin or livestock product materials within three days from the date of issuance of the Quarantine Certificate or o completion of the examination The
Quarantine in the said duration, confiscate them.

(8) No dead animal feed, litter, dung and urine or the matters relating to animal or excreted from animal shall be carried outside the quarantine spot without the written order of the Quarantine Officer.

7. Procedures for Examination:

(1) The procedures for examination of the livestock, livestock product or the livestock product materials kept in the
quarantine shall be as follows:

a) Procedures for Examination of Animal (1) To conduct physical inspection and clinical examinations.

(2) To conduct laboratory examination as per the needs.
(3) In case of doubt of infectious disease, the other procedures or techniques of examination of disease
may also be used.
(b) Procedures of Examination of products of Animal Origin Livestock Product Materials.

(1) To examine whether or not the physical condition is as same as stipulated in the certificate issued from
the exporting country;

2) To examine whether or not the weight, packing, label and seal are accurate;

3) In case of the materials not sealed or not properly sealed:

(i) To examine the smell, color and conditions of the materials,
(ii) To identify the humus, elements of infection and the changed symbol;
(iii) To identify whether or not kept in appropriate temperature for adequate time.

(2) While collecting the sample for examination pursuant to Clause (b) of Sub-rule (1), the sample shall be collected form ten per cent of the packages and parcels.Provided that, the Quarantine Officer may, if he deems necessary,
examine the samples from more packages and parcels than those referred to above.
(3) In the case where the result of the clinical examination of any animals, product of animal origin or livestock product materials could not be immediately available and there is no chance of causing direct adverse impact
on the pubic health or animal health from such animals, product of animal origin or livestock product materials, the animals, product of animal origin or livestock product material belonging to that shipment shall be released upon
collection of their samples and with a condition of restriction on the sale or distribution by the importer of such animals, product of animal origin or livestock products materials unless the report of the clinical examination is
made available and the stamp is affixed noting down the same content.

8. Functions of Quarantine Officer:

(1) The functions to be carried out by Quarantine officer shall be as follows:

(a) To examine the animals, products of animal origin or livestock product materials keeping them in the quarantine
and to check whether or not the feed, water, medicine and treatment are provided for the animals;

(b) If the animals, products of animal origin or livestock product materials have to be kept in the quarantine until
the result of the samples sent for clinical examination is received, to inspect whether or not they been kept
properly;
(c) To cause to be cleaned and disinfected the quarantine spot after release of the animals of each shipment.

(d) To inspect whether or not the transport vehicles used for transportation of the animals, products of animal origin or livestock product materials have been cleaned and disinfected properly, and to cause to be cleaned and
disinfected if the same is not found to have been done;

(e) To inspect whether or not the solid wastes produced by  the transport vehicles coming from the foreign countries
have been properly disposed of so as not to causing spread of diseases, and to make proper arrangement for their
disposal as may be necessary;

(f) To examine the certificate and other documents relating to animal, products of animal origin or livestock product
materials;

(g) If the imported animals are found to have been caught by any infectious disease or it is doubted that they have been so caught, to send the information thereof by shortest means to the local Livestock Services Office, the
Department, the Ministry of Agriculture and the other concerned bodies;

(h) If the imported animal is found to have been caught by infectious disease and the product of animal origin or
livestock product material is doubted to have consisted of any harmful element, to collect the sample thereof and to
send it to the laboratory prescribed by the Department for examination, and to keep such animal, products of animal
origin or livestock product materials in the quarantine until the result of the examination is received;

(i) To maintain contact and coordination with the quarantine check-posts of the foreign countries.

9. Deemed to Have Been Imported from the Disinfected Area:

Except in case where an airport has been declared as infected place by the concerned authority, the animal, products of animal origin or livestock product materials transported to and entered into Nepal from such airport or from an aircraft landed in such airport shall be deemed to have directly been transported from disinfected area.

10. Quarantine Certificate:

(1) The Quarantine officer shall, upon completion of the quarantine process for the animal, products of animal origin or livestock product materials to be imported, make available a Quarantine Certificate in the format referred to in Schedule-2 to the concerned person, as soon as possible.

(2) While exporting the following animals, the product of animal origin or livestock product materials, the Veterinary Officer designated by the Quarantine Officer or by the Department shall have to make available the Health or Sanitary Certificate in the format of the following forms referred to in Schedule-3:

(a) For Dogs and Cats Form-1
(b) For domestic and wild animals Form-2
© (c) For semen of animals Form-3
(d) For meat of animals Form-4
(e) For animal feeds and the products of animal origin which
are to be used for industrial or medical purpose Form-5
(f) For equines Form-6
(g) For avian Form-7
(h) For eggs, day-old chicks, other newly-hatched avian species and hatching eggs Form-8.

3) The certificate issued pursuant to Sub-rule (2) shall be valid for ten days from the date of issue.

11. Auction Sale May be made:

(1) The animals, products of animal origin and livestock product materials confiscated pursuant to Sub-rule (7) of Rule 6 may be auctioned by the Quarantine Officer.

2) While auctioning pursuant to Sub-rule (1), the Quarantine Officer s shall have to publish a notification specifying the time- limit from seven days  to fifteen days having stated the following matters:

(a) Details of animal products of animal origin or livestock products materials.

(b) Minimum price,

(c ) Date, time and place of action,

(d) The condition of case deposit of five percent of the quoted
price accepted for auction,

(e) Other necessary matters.

(3) In order to fix the minimum price pursuant to close (b) of Sub-rule
(2) there shall be a price Fixation committee as follows:
(a) Quarantine officer -Chairperson
(b) Represented District Administration -Member

Officer or Customs Office
(c) Represented Office of controller of
Fund and Accounts -Member
(4) If the animal, Product of animal origin or livestock Products materials accepted in the auction have not been removed upon payment of the agreed full amount within the prescribed time limit, the deposit amount may be
confiscated and those items may be re-auctioned.

(5) While auctioning, if the minimum price not been accepted, the items shall be reauctioned. In such reauction, if the amount less than ten Percent of minimum price has been accepted, auction sale may be carried out. If the
auction couldn’t be carried out even in this way, the Quarantine Officer may  directly sale the items at the presence of the representatives of the District Administration Office or Customs Office and of the office of the controller of
the Funds and Accounts

Chapter-3
Provisions Relating To Letter of Recommendation, License and Quality Standards

12. Letter of Recommendation Relating to establishment of an Industries:

(1) The person willing to obtain a letter of recommendation in order to establish an Industry referred to in section 17 of the Act shall have to submit an application in the format as referred to in Schedule-4 along with a fee of one hundred Rupees.

(2) If the application referred to in Sub-rule (1) has been made, the Department shall, if it deems reasonable to issue the recommendation letter  upon an inquiry, issue the recommendation letter in the format as referred to in Schedule -5.

13. Recommendation Relating to Export and Import:

(1) The person willing to obtain a letter of recommendation for the purpose of section 18 of the act shall  have to submit on application on the format referred to in schedule -6 along with a fee of one hundred rupees.

(2) If the application referred to in Sub-rule (1) has been made, the Department shall, if it deems reasonable to make the recommendation upon an inquiry, issue the Recommendation Letter in the format as referred to in  Schedule -7

14. The terms to be Abided by While Exporting:

(1) While Exporting an Animal, The products of animal origin or Livestock Product materials, the
Exporter shall abide by the following terms:

(a) A notice has to be served on the concerned Quarantine officer in advance specifying the type, Species and Breed
origin and Number of the animals to be exported along with the point and possible date of Export.

(b) In case of animals having been visibly marked as appropriate symbol denoting the exportable Quality upon
Examination by the Quarantine Officer, and having obtained a health certificate from the Veterinary Officer.

(c) The transport vehicle to be used for exporting the animal, products of animal origin or livestock Products materials should be disinfected;

(d) The Products of Animal Origin or livestock products materials to be exported have to be examined by the
Quarantine Officer, and

(e) The transport vehicle to be used for exporting the animals should be suitable from the technical point of view.

(2) The records of the animals, Products of animal origin or Livestock Products materials exported under this rule shall be kept by the concerned Quarantine Officer.

15. The Terms to be followed for Exporting:

The Importer shall, while importing animal origin or Livestock Products materials, have to abide by the following
terms:

(a) If, out of the animals Imported, any animal has died during the course of Journey after having been departed from the point of Departure, the particulars thereof shall have to be submitted to the Quarantine Officer:

(b) The Transport vehicle to be used for importing animal origin or Livestock Products materials have to be disinfected;

(c) The particulars as to identity marks, number or weight and types of the animal origin or Livestock Products materials shall have to be submit to the Quarantine Officer at the time of import

(d) The transport vehicle to de used for transport of the animals should be suitable from technical point of view.

16. License to be Obtained:

(1) For the purpose of Section 19 of the Act, the person willing to obtain the License shall have to make an application at the Department in the format as referred to in Schedule-8 along with a fee of one hundred rupees.
(2) If the application as referred to in Sub-rule (1) has deemed, the Department shall if it deems reasonable to issue the License upon an inquiry, issue the License in the format as referred to in Schedule-9.

17 Provisions Relating to Standard and Measurement :

(1) The quality standard and criteria of the product of animal origin, livestock product materials, biological products, chicks, fingerlings and the vehicle of transport and meat processing shall be as determined by the technical committee constituted under the Chairmanship of the Director General or the Deputy – Directorial General.

(2) The committee referred to in Sub-rule (1) shall consist of the chiefs of the concerned Divisions and Sections and other subject- experts as designated by Director General as members.

Chapter- 4 Miscellaneous

18. Procedures for Disposal :

(1) While disposing of any animal , products ofanimal origin or livestock product materials pursuant to Sections 14 and 29 of
the Act, it shall have to be burnt or engulfed by digging up the three-feet-deep hole of disposed of in accordance with the procedures set forth by the Department.

(2) In the event of death of an animal during the course of transport, the dead body of the animal shall be disposed of taking it outside pursuant to Subrule (91) so as not to causing spread of disease. The transport vehicle  transporting such an animal shall also have to be disinfected.

19. Functions, Duties and Powers of Veterinary Inspector:

The functions, duties and powers of the Veterinary Inspector shall be as follows:
(a) To examine the quality standard of the veterinary medicine or biological product or to collect the samples for examination and to forward them to the Department;

(b) If the date-expired veterinary medicine or biological products have been found, to forward them to the Department for necessary actions;

(c) To examine whether or not the veterinary medicine or biological products have been distributed by the authorized person and to inform the Department on the same;

(d) To examine whether or not any professional firm has vaccinated the animals in regular manner or whether or not the biological safety measures have been taken;

(e) While examining pursuant to Clause (d), if any animal is found to have been caught by any disease or if there is doubt of the same, to dispose of such animal or to order to keep it separately or to restrict the sale or
distribution thereof, and to provide information of the same to the Department;

(f) If a letter of recommendation or license has been provided by the Department under this Regulation, to inspect whether or not the works have been carried out pursuant to the letter or license and to submit the recommendation or the same to the Department;

(g) To collect suggestions as to the animal breed improvement at the field  level an send them to the Department;

(h) To cause to be carried out the task of sterilizing the male animals of the regions wherein animal breed improvement scheme has been introduced;

(i) To publicize information on animal breed improvement, to raise public awareness on the same;

(j) To monitor whether or not the species and semen of the animals have used as per the recommendation in order to improve animal’s breed;

(k) To carry out or cause to be carried out such other functions as the Department may prescribe.

20. Information of Disease to be Given:

(1) In case where it has come to the notice of the owner of the animal or local body or animal health worker or
veterinary doctor whosoever may be involved in the treatment of an animal, that an infectious disease has caught any animal or it is doubted that such disease has caught it, the information thereof has to be given to nearest
livestock services center or sub-center or the Livestock services office.

(2) Upon receipt of the information pursuant to Sub-rule (1) if the animal is found to have been caught by any disease referred to in Schedule – 10 upon an investigation by the concerned technician, the information thereof has
to be given immediately to the Veterinary Officer designated by the Department .

(3) Upon receipt of the information referred to in Sub-rule (2) , such a Veterinary Officer shall carry out necessary investigation on it and inform the Department within 24 ( twenty four ) hours.