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Animal Improvement Act, 1998 (Act No. 62 of 1998)

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"advertisement"

in relation to an animal or genetic material and in relation to an inseminator, semen collector, embryo collector, embryo transferor, animal breeders’ society or registering authority means any written, illustrated, visual or other descriptive material or verbal statement, communication, representation or reference which is brought to the notice of a member of the public and which is intended to promote the sale or encourage the use of such animal or genetic material, or is intended to offer the services of an inseminator, semen collector, embryo collector, embryo transferor, animal breeders’ society or registering authority; and "advertise" has a corresponding meaning;

 

"animal"

means a kind of animal or an animal of a specified breed of such kind of animal which has in terms of section 2 been declared as an animal for the purposes of this Act;

 

"animal breeders' society"

means a group of persons promoting the breeding, the recording or registration, the genetic improvement and the use of a kind of animal or an animal of a specified breed of such kind of animal, determining and applying breed standards, recommending in its sole discretion the recording or registration of an animal or a specified breed of a kind of animal bred in or imported into the Republic, and who is registered in terms of section 8(7)(a)(i);

 

"animal improvement"

means the scientifically based identification of genetically superior animals by means of the integrated registration and genetic information system or in a manner approved by the registrar and the discerning use thereof to improve the production or performance ability of the animal population in the interest of the Republic;

 

"appeal board"

means an appeal board specified in section 23;

 

"breed"

means a population of animals which produces progeny possessing a high degree of genetic stability as evidenced by identifiable uniformity in breed standards and performance;

 

"breeder"

means the owner of a breeding female animal at the time of natural or artificial conception or at the birth of progeny;

 

"breed standards"

means a written set of phenotypic or genotypic standards of excellence determined and applied in terms of the constitution of an animal breeders’ society for a kind of animal;

 

"centre"

means premises registered in terms of section 8(6)(b) for the collection, evaluation, processing, packing, labelling, storing and sale of semen, embryos or ova, as the case may be, of certain kinds of animal;

 

"Department"

means the Department of Agriculture in the national government;

 

"Director-General"

means the Director-General of the Department;

 

"donor animal"

means an animal which has been approved in terms of section 8(6)(c) for the collection of genetic material;

 

"embryo"

means a fertilised ovum of an animal;

 

"embryo collector"

means a person who collects, evaluates, processes, packs or stores genetic material, or who carries out the artificial insemination or the transferring of ova or embryos into recipient female animals and who is registered as such in terms of section 8(6)(a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction;

 

"embryo transfer"

means the act of implanting an ovum or embryo in a female animal;

 

"embryo transferor"

means a person who carries out the transferring of ova or embryos into recipient female animals and who is registered as such in terms of section 8(6)(a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction;

 

"export"

means to take out or send an animal or genetic material from the Republic to a country or territory outside the Republic or to cause an animal or genetic material to be so taken or sent out;

 

"genetic material"

means ova, embryos, semen and any other material originating from an animal through which the hereditary factors of such animal can be transferred;

 

"import"

means to bring an animal or genetic material from outside the Republic into the Republic or to cause an animal or genetic material to be so brought into the Republic;

 

"import agent"

means a person who imports genetic material on behalf of another person and who is registered as such in terms of section 8(6)(a);

 

"inseminator"

means a person who carries out the artificial insemination of animals and who is registered as such in terms of section 8(6)(a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction;

 

"integrated registration and genetic information system"

means the computer system which has been established in co-operation with the Department to integrate the pedigrees and performance data of animals;

 

"landrace"

means a specified breed of a kind of animal indigenous to or developed in the Republic;

 

"Minister"

means the minister responsible for agriculture;

 

"officer"

means an officer as defined in section 1(1) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), read with section 1 of the Public Servant Amendment Act, 1996 (Act No. 13 of 1996);

 

"ovum"

means the ovum of an animal;

 

"prescribed"

means prescribed by regulation;

 

"register"

means the register kept in terms of section 5;

 

"registering authority"

means an animal breeders’ society or a group of animal breeders’ societies which is registered as such in terms of section 8(7)(a)(ii);

 

"registrar"

means the officer designated as Registrar of Animal Improvement in terms of section 3;

 

"regulation"

means a regulation made under this Act;

 

"scheme"

means a scheme established in terms of section 20;

 

"sell"

includes agree to sell, offer, advertise, keep, expose, transmit, convey, transport, or deliver for sale within or outside the Republic or exchange or dispose of or deliver to any person in any manner, whether for a consideration or otherwise, and "sale" has a corresponding meaning;

 

"semen"

means the semen of an animal;

 

"semen collector"

means a person who collects, evaluates, processes, packs or stores semen, or who carries out the artificial insemination of an animal, and who is registered as such in terms of section 8(6)(a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction;

 

"stud book animal"

means an animal registered or recorded in the herd book kept by a registering authority; and "stud animal", "thoroughbred animal", "registered animal" and "recorded animal" has a corresponding meaning;

 

"this Act"

includes the regulations;  and

 

"veterinarian"

means a person registered in terms of the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982), to practise a veterinary profession as defined in section 1 of that Act.