VN November 2022

Vetnuus | November 2022 30 This article is intended to provide information and educate veterinarians on relevant aspects of the law. It is not intended as personal legal advice. SAVA is not responsible or liable for any advice or other information provided herein. With the recent outbreaks of foot and mouth disease, African swine fever, avian Influenza, and rabies, the Animal Diseases Act 1 (“the Act”) have been cast in the limelight more than ever before. Most veterinarians know that animal owners have responsibilities in terms of the Act and that if the owners fail to adhere to the Act, they can be punished. Few veterinarians realize that they can also be prosecuted if they are guilty of a transgression. This article will explore some of the duties of private veterinarians, who can be prosecuted, and the potential penalties. Responsibilities assigned to private veterinarians specifically The Act and its regulations rarely impose direct responsibilities on veterinarians. Noticeable exceptions are veterinarians’ responsibilities to report controlled 2 and notifiable 3 animal diseases. As soon as the occurrence of a controlled or notifiable disease is suspected, it must be reported. Once the final results are received, they must also be reported to the responsible state veterinarian. Please note that the duty to report these diseases overrides the client’s right to confidentiality. Veterinarians and laboratories that do diagnostic testing for controlled and notifiable animal diseases must be registered with the Director of Animal Health 4 . It includes persons who produce, distribute, or import reagents and kits for the diagnostic testing and screening of notifiable and controlled diseases. General responsibilities applicable to all persons There are requirements in the Act and its Regulations that apply to all people working with animals and dealing with controlled diseases. As veterinarians, it is our professional duty to take note of these requirements. The Regulations 5 prescribe treatment for certain controlled diseases. It is a requirement that efficient remedies must be used for treatment. An efficient remedy means that the director must approve it. Care must be taken only to use approved remedies when treating animals for controlled diseases. Disinfection of places and objects with which controlled animals have been in contact is also regulated 6 . Specific remedies may be prescribed for particular diseases, and there may also be specific requirements for how the remedies must be applied. Veterinary professionals must follow these prescriptions, and clients should be advised accordingly. Veterinary professionals must make sure that they are familiar with the various movement restrictions set out in the Regulations 7 . It is specifically relevant to veterinarians in the equine and wildlife industries and veterinarians who practice in areas with permanent movement restrictions. Legal Mews ANIMAL DISEASES ACT: CANVETERINARIANS BE PROSECUTED? Dr Trudie Prinsloo, Legalvet Services; E-mail: trudie@legalvetservices.co.za