Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)

Board Notices

Biosecurity Rules for Livestock Agents

1. Background and Definitions

Purchase

These rules will regulate the livestock agent’s industry with specific reference to required precautions to take during the gathering of live animals at auctions to reduce the risk of the spreading controlled, notifiable and other animal diseases.

In summary, each livestock agent/auctioneer will comply with the following:

(a)	The rules for auctions in this document.

(b)	Registration with the Agricultural Produce Agents Council (APAC) is compulsory and only registered agents will be allowed to conduct business.

(c)	Acceptance of responsibilities in terms of Sections 11 and 26 of the Animal Diseases Act, Act 35 of 1984.

(d)	An external audit of the auction facilities and all procedures, including these rules for auctions, will be undertaken by an independent auditor, these audits will need to be submitted to APAC bi-annually.

(e)	Every livestock agent must appoint a Biosecurity practitioner (a person registered with the South African Veterinary Council).

Definitions

“Agent”

means a person who, for the acquisition of gain on his or her own account or in a partnership, in any manner holds himself or herself out as a person who either directly or indirectly advertises that he or she on the instructions of or on behalf of any other person, purchases or sells agricultural produce or negotiates in connection therewith or canvasses or undertakes or offers to canvass a purchaser or seller therefor;

“Arrival area”

is an area where animals are held before being allowed into the biosecure area;

“Auctioneer”

means a vendor carrying on an enterprise which comprises or includes the supply by him/her the auction of goods as an auctioneer or agent for or on behalf of another person (Section 54(4), Value Added tax Act, Act 89 of 1991);

“Biosecure area”

is the area where only animals whose documentation has been verified, identification and health status has been confirmed by a SAVC qualified person, i.e. animals unlikely to pose a significant risk of carrying any contagious disease-causing agents, as well as persons who have been decontaminated to the satisfaction of a biosecurity practitioner are allowed to enter;

“Biosecurity practitioner”

a person registered with the South African Veterinary Council, who oversees compliance with minimum biosecurity requirements for animals from different origins congregating for auctioning, in line with the requirements of Sections 11 and 26 of the Animal Diseases Act, Act 35 of 1984 and the rules in this document;

“Animal Owner Health Attestation”

is a signed declaration from the owner of the animals that attests:

•	The name and location of the farm/area of origin.

•	The absence of overt signs of disease and parasites.

•	The absence of unexplained mortalities on the property of origin in the preceding 28 days.

•	No new animal introductions to the property of origin in the preceding 14 days.

•	Where possible, and especially during periods of disease control restrictions in specific localities, confirmation of this health status by the farm’s attending veterinarian is ideal, see Addendum A of this document.

“Livestock agent”

means an agent acting as such with regard to any agricultural product specified in Part B of Schedule 1 (Act) and for purposes of section 3(1)(b) includes any director of a company, trustee of a trust or a member of a close corporation which acts as a livestock agent as aforesaid.

“Visitor”

includes any person at the auction yard e.g. administrative personnel, auctioneers, managers, sellers, owners, buyers, workers, veterinarians etc.