VN November 2022

Vetnews | November 2022 31 Regulations 23 and 24 deal with restricted actions and disposal of controlled animals and infected things. For example, veterinarians and responsible officers may only make incisions in carcasses suspected to have anthrax, rabies, foot and mouth disease, African swine fever, etc. Carcasses of animals with controlled diseases and of contact animals must be disposed of in the prescribed manner, subject to the local by-laws. Vicarious and joint liability with owners Veterinary professionals who treat owners’ animals can be regarded as agents of the owners. The Act 8 stipulates that if an agent does something that would be an offence, the owner is liable as if the owner has personally committed the offence. However, it further states that the agent is also liable and can be convicted as if the agent were the owner. Both the owner and the agent can be convicted and sentenced at the same time. Potential penalties for convictions The penalties prescribed in the Act 9 differ depending on the actual offence and whether it is a first, second, or subsequent offence. Penalties can be fines or imprisonment, or both. For a first-time offender, a fine of up to R8000 can be imposed, or imprisonment of up to two years. For grave offences such as deliberately introducing or spreading an animal disease, the penalty is imprisonment of up to seven years without the option of a fine. Take note that a veterinary professional guilty of a criminal offence can also be prosecuted under the Veterinary and Para-Veterinary Professions Act 10 for unprofessional conduct. Final Word As custodians of animal health, veterinarians must familiarize themselves with the Animal Diseases Act and its Regulations and adhere to them. It is significant for vets working with livestock, wildlife, horses, and poultry. Complying with the Act will not only ensure that you won’t face criminal prosecution, but it will assist in ensuring animal health and preventing disastrous disease outbreaks. If you have any further questions in this regard or want copies of the Animal Diseases Act and Regulations, feel free to send an e-mail to trudie@legalvetservices.co.za. v (Endnotes) 1. Animal Diseases Act, No. 35 of 1984 2. Section 11(2) of the Animal Diseases Act 3. Regulation 12A of the Animals Diseases Regulations 4. Regulation 12B of the Animal Diseases Regulations 5. Table 2 of Annexure 2 of the Animal Diseases Regulations 6. Regulation 15 of the Animal Diseases Regulations 7. Regulation 20 of the Animal Diseases Regulations 8. Section 34 of the Animal Diseases Act 9. Section 32 of the Animal Diseases Act 10. Veterinary and Para-Veterinary Professions Act No. 19 of 1982 SAVA Legal Column