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NEWFOUNDLAND AND LABRADOR
REGULATION 33/12

Animal Health Regulations
under the
Animal Health and Protection Act
(O.C. 2012-106)

(Filed May 2, 2012)

Under the authority of sections 8 and 66 of the Animal Health and Protection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , May 2, 2012.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Animal Health Regulations .

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Interpretation

        2. (1) In these regulations

             (a)  "accredited veterinarian" means a veterinarian authorized to perform tests and inspections under the Health of Animals Act (Canada );

             (b)  "antibiotic" has the same meaning as in Part C of the Food and Drug Regulations (Canada );

             (c)  "consumer"

                      (i)  means a person who obtains an antibiotic for the purpose of administering that antibiotic to an animal and not for resale or retransfer, and

                     (ii)  excludes a person listed in section C.01.043 of the Food and Drug Regulations (Canada );

             (d)  "feed" has the same meaning as in the Feeds Act (Canada );

             (e)  "licensed veterinarian" means a registered veterinarian licensed to practise in the province, another province of Canada or in Canada ;

              (f)  "official veterinarian" means a veterinarian employed by a provincial government;

             (g)  "medicating ingredient" has the same meaning as in the Feeds Act (Canada );

             (h)  "person" includes a partnership or association of persons;

              (i)  "premises" includes a yard, field, corral, farm and garden whether or not they are enclosed with fences or walls and an abattoir, shed, barn, cabin, shack or other building or erection;

              (j)  "prescription" means an instruction that an antibiotic be dispensed to a person for an animal; and

             (k)  "sell" has the same meaning as in the Food and Drugs Act (Canada ).

             (2)  An antibiotic for animal use is

             (a)  an antibiotic that is not in a form suitable for human use; or

             (b)  an antibiotic that is labelled in accordance with paragraph C.01.046(b) of the Food and Drug Regulations (Canada ).

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Orders for destruction or disposal

        3. (1) The minister or the Chief Veterinary Officer may order the disposal of an animal believed to have an infectious or contagious disease.

             (2)  The minister or the Chief Veterinary Officer may order the destruction or disposal of an animal by-product, animal product, bedding, food, or other thing related to an animal that is believed to be infected or contaminated with an infectious or contagious disease.

             (3)  The Chief Veterinary Officer may order the destruction of an animal believed to have an infectious or contagious disease.

             (4)  The destruction or disposal of an animal, animal by-product, animal product, bedding, food, or other thing related to an animal pursuant to an order made under section 7 of the Act or under subsection (1), (2) or (3) shall be in a manner approved by the Chief Veterinary Officer.

             (5)  Notwithstanding subsection (4), the minister or the Chief Veterinary Officer may require in an order to dispose of an animal under subsection (1) that the animal be returned from the port of entry or another place where it is detained to the place of origin of the animal.

             (6)  An order made under section 7 of the Act or under subsection (1), (2) or (3) may require that the disposal or destruction of an animal, animal by-product, animal product, bedding, food, or other thing related to an animal be at the cost or expense of an owner of an animal or another person.

             (7)  A person shall comply with

             (a)  an order made under subsection (1) where the order has been issued to that person under subsection (1);

             (b)  an order made under subsection (2) where the order has been issued to that person under subsection (2); and

             (c)  an order made under subsection (3) where the order has been issued to that person under subsection (3).

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Detention on entry

        4. (1) An inspector who has reasonable cause to believe that an infectious or contagious disease exists in an animal brought or being brought into the province may order the animal to be detained at the port of entry or another place designated by the inspector at the cost or expense of an owner of the animal or another person.

             (2)  A person to whom an order is issued under subsection (1) shall comply with that order.

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Quarantine

        5. (1) The Chief Veterinary Officer may order an animal suspected of having an infectious or contagious disease to be quarantined in or on the premises of an owner of the animal or in a place and for a period of time that the Chief Veterinary Officer considers appropriate and if no infectious or contagious disease is found in the animal then the animal shall be released from quarantine.

             (2)  Where an animal was quarantined in a place that was not the premises of the owner of the animal and it has been released from quarantine, the animal shall be returned to its owner.

             (3)  A term and condition of an order made under subsection (1) is that the person to whom the order is issued shall not remove or release an animal from quarantine without prior authority from an inspector.

             (4)  A place designated for the quarantine of an animal shall be considered to be an infected place.

             (5)  An order made under subsection (1) may be at the cost or expense of an owner of the animal or another person.

             (6)  Notwithstanding section 7 , honeybees (Apis mellifera ) and honeybee hives may be quarantined under subsection (1).

             (7)  A person to whom an order is issued under subsection (1) shall comply with that order.

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Permit required

        6. (1) A person shall not bring honeybees (Apis mellifera ) or honeybee hives into the province unless that person has first obtained a permit to do so from the minister.

             (2)  A permit may be issued, renewed, cancelled or suspended subject to the terms and conditions that the minister may determine.

             (3)  A person to whom a permit is issued shall comply with the terms and conditions of the permit including the period of time for which it is valid.

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Entry of honeybees

        7. (1) A person shall not bring honeybees (Apis mellifera ) or honeybee hives into the province unless accompanied by a certificate signed by an official veterinarian or licensed veterinarian in the place of origin of the honeybees or hives or by an accredited veterinarian or other person approved by the Chief Veterinary Officer certifying that:

             (a)  the honeybees and hives are free from the following pests:  

                      (i)  honeybee tracheal mite (Acarapis woodi ),

                     (ii)  varroa mite (Varroa destructor ),

                    (iii)  greater wax moth (Galleria mellonella ), and

                    (iv)  small hive beetle (Aethina tumida );

             (b)  the apiary from which the honeybees or hives originated was completely free from the pests described in paragraph (a) when the honeybees or hives were taken from the apiary and in the 12 months immediately preceding their departure; and

             (c)  the honeybees or hives were tested for the pests described in paragraph (a) with negative test results within the 30 days, or such other time as the Chief Veterinary Officer may in his or her discretion prescribe in a particular case, preceding entry to the province.

             (2)  A person who imports honeybees or honeybee hives shall ensure that honeybees and hives are not exposed to other honeybees or hives during shipment.

             (3)  Upon entry into the province all honeybees and honeybee hives, regardless of compliance with subsection (1), shall be quarantined on the premises of the importer for a period of 12 months from the date of entry.

             (4)  Honeybees and honeybee hives shall not be moved from the premises of the importer during the period of quarantine set out in subsection (3).

             (5)  All cases of illness or death of imported honeybees that occur within 12 months of importation shall be reported to an inspector.

             (6)  Where there is a contravention of this section or section 6 , the Chief Veterinary Officer may order, at the expense of the importer, the owner of the honeybees, a person owning or having possession, custody or control of the hives, or another person, that

             (a)  the honeybees and hives be quarantined; or

             (b)  the honeybees and hives be seized and returned to their place of origin.

             (7)  A person to whom an order is issued under subsection (6) shall comply with that order.

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Maintenance of sanitary conditions

        8. (1) Animals shall be transported, detained, maintained and kept in a place in a safe, clean and sanitary manner which ensures the healthy condition of animals and which prevents the

             (a)  infection of that animal with disease; and

             (b)  spread of infectious or contagious diseases to other animals.

             (2)  The Chief Veterinary Officer may determine the manner in which a place is to be cleaned or disinfected to prevent the spread of contagious diseases among animals.

             (3)  The Chief Veterinary Officer may order that a place be cleaned or disinfected in accordance with this section at the cost or expense of an owner of the animal or another person.

             (4)  A person to whom an order is issued under subsection (3) shall comply with that order.

             (5)  A person who transports an animal into the province in contravention of this section bears the cost or expense of returning the animal from the point of entry into the province to the place of origin of the animal or disposing of the animal in another manner determined by the Chief Veterinary Officer.

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Prohibitions

        9. (1) A person shall not without the permission of an inspector remove or release an animal from a place where the animal is being detained by an inspector for the purpose of the Act or these regulations.

             (2)  A person shall not remove or release an animal or a honeybee hive from quarantine without prior authority from an inspector.

             (3)  Subsection (2) does not apply to a person to whom an order is issued under section 5 of these regulations.

             (4)  Subsection (2) does not apply to honeybees (Apis mellifera ) or honeybee hives that are quarantined unless the quarantine is in accordance with section 5 of the Act or section 5 of these regulations.

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Sale of antibiotic for animal use

      10. (1) Notwithstanding section 45 of the Pharmacy Regulations and section C.01.046 of the Food and Drug Regulations (Canada), a person shall not sell directly to a consumer an antibiotic for animal use listed or described in Part II of Schedule F to the Food and Drug Regulations (Canada) that is in a form for injection or oral, intramammary or intrauterine administration, unless the sale is made under a prescription by a veterinarian.

             (2)  Subsection (1) does not apply to an antibiotic that is used as a medicating ingredient in a feed under the Feeds Act (Canada ).

             (3)  A list of the antibiotics for which a prescription of a veterinarian is required under subsection (1) is on file with the minister and may be examined or obtained during regular business hours.

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Repeal

      11. The Livestock Health Regulations , Consolidated Newfoundland and Labrador Regulation 1081/96, are repealed.

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Commencement

      12. These regulations come into force on May 2, 2012.