THE LAW OF THE REPUBLIC OF BELARUS
2 December 1994, 3423-XII
GENERAL PROVISIONS Article 1.
Definition For the purpose of this Law the following notions and their definitions shall be adopted: the veterinary shall mean the sphere of activities of legal and physical persons aimed at protecting health of the animals, with the exception of cases stipulated by the legislation, protecting the human beings against illnesses common for the human being and animals, obtaining animal products which are of good quality in respect to sanitary and veterinary properties; the sanitary veterinary expertise shall mean a set of special researches with the aim of diagnosing illnesses of animals, assessing the quality of animal products, fodder and fodder additives; the veterinary means shall mean biological, plant, chemical, pharmaceutical veterinary preparations and other means for the diagnosis and prophylaxis of illnesses and treatment of ill animals as well as special devices, tools, materials and equipment, transport facilities; the quarantine means a set of sanitary and veterinary and administrative restrictions and other measures aimed at preventing the spreading of infectious illnesses of animals; the animals shall mean agricultural, home, zoo and circus animals as well as fur animals, poultry, fish, bees and other representatives of animal world; the animal products shall mean meat and meat products, milk and milk products, fish and fish products, eggs and egg products, products of apiculture, skin, hair, fur, down, feather, endocrine glands and entrails, blood, bones, horns, hooves and other animal products.
Article 2. Main Tasks of the Veterinary Service The main of the veterinary service shall be: prevention and liquidation of contagious and noncontagious illnesses of animals; treatment of ill animals; protection of animals against extreme natural and man-made factors; organization and carrying of laboratory diagnostic researches; protection of people against illnesses common for human being and animals; control over the securing of sanitary and veterinary quality of animal products, fodder and fodder additives, diagnostic, prophylactic and treatment means manufactured in the Republic of Belarus or imported from other st protection of the territory of the republic of Belarus against inflow of contagious illnesses of animals from the territories of other states; control over the observance of sanitary and veterinary rules by legal and physical persons; development of the veterinary science and training of veterinary specialists.
Article 3. Management of the Veterinary The management of the veterinary in the Republic of Belarus shall be exercised by the republican body of management of veterinary services, and - in oblalst, towns, regions and on the state border and transport systems - by the relevant bodies of management of the veterinary services
. Article 4. Legislation on the Veterinary Relationship in the sphere of the veterinary shall be regulated by this Law and other legislation of the Republic of Belarus.
Article 5. Right to Veterinary Activities Veterinary activities may be carried on by persons having higher education or secondary special education in the veterinary. Veterinary activities may be permitted as entrepreneurial activities for veterinary doctors on receiving a relevant permit in the manner established by the legislation. It shall not be allowed for bodies of the state government which are not part of the state veterinary service, public organizations, managers of enterprises and other economic subjects and citizens to interfere into professional activities of veterinary specialists carried on in compliance with the legislation.
Chapter 2. VETERINARY SERVICE IN THE REPUBLIC OF BELARUS
Article 6. Composition of the Veterinary Service in the Republic of Belarus The veterinary service in the Republic of Belarus is composed of the state, departmental service and veterinary services of enterprises and other legal and physical persons.
Article 7. Veterinary Inspectors Heads and head deputies of republic, Oblast, tow and regional bodies of management of the veterinary, bodies of management of the state veterinary control on the state border and transport systems are at the same time main state veterinary inspectors and their deputies of the Republic of Belarus, Oblasts, towns and regions, state border and transport systems, respectively, whereas chief specialists of these bodies of management, heads of other state veterinary institutions exercising state control at markets, meat enterprises and meat-processing enterprises as well as heads and veterinary doctors of the veterinary institutions at the state border and in transport systems - by state veterinary inspectors in the area of their activities. Authorities of the chief state veterinary inspectors, their deputies and state veterinary inspectors shall be defined by the legislation of the Republic of Belarus on the veterinary.
Article 8. Functions of the State Veterinary Service The state veterinary service shall: execute sanitary and veterinary as well as preventive measures for the prevention of contagious and noncontagious illnesses of animals; execute, together with bodies of health protection, measures for the prevention and liquidation of illnesses common for human being and animals; estimate the epizootic conditions and give to legal and physical persons breeding animals compulsory instructions in relation to the prevention and liquidation of contagious illnesses; perform clinical and laboratory researches with the view to establishing the diagnosis of illnesses of animals, as well as assessing the quality of fodder, fodder additives and water used in animal farming; give veterinary and sanitary estimation of animal products produced, processed and stored; analyze food products at markets; control the sanitary and veterinary state of the facilities which within the jurisdiction of the veterinary service as well as control over the use of veterinary preparations in the veterinary and animal breeding, estimate their efficacy and effects on the health of animals and quality of animal products; exercise veterinary supervision over transportation over the territory of the Republic of Belarus, export and import of animals, animal products as well as of fodder and other cargo which are to be controlled by the veterinary service; execute measures for the protection of the territory of the Republic of Belarus against inflow of contagious illnesses of animals from the territories of other states.
Article 9. Authorities of the Republican Body of Management of the Veterinary The republican body of management of the veterinary shall: organize the veterinary; manage the veterinary services on the territory of the Republic of Belarus within its authorities; secure the development of the state veterinary services, strengthen their material and technical bases; develop the organizational structure and take part in the formation of institutions and organizations of the veterinary services in compliance with this Law; organize and carry on the state veterinary supervision; publish regulation acts (orders, instructions, rules) on the veterinary; register the veterinary preparations; forecast, develop and secure the fulfilment of the state programmes for the protection of animals against special dangerous illnesses, man-made and other harmful effects for the health of the animals; establish special conditions and treatment of agricultural activities in case of appearance of some contagious illnesses of animals; establish the list of contagious illnesses when the following measures are to be introduced: quarantine or some quarantine restrictions; animals are to be killed or destroyed; permission of withdrawal of animals or animal products; prohibiting of transportation of animals, animal products; financing of veterinary measures at the expense of the republican budget or local budgets; develop and approve veterinary requirements when planning veterinary facilities, animal farming rooms, enterprises for processing animal products, exercise control over their implementation when building or reconstructin make expertise of construction projects of animal farms, production rooms used to kill or process animals and animal products, other facilities subordinated to the veterinary services; develop, together with scientific institutions, other organizations and departments of the Republic of Belarus, research programmes in the sphere of the veterinary; establish the requirements in veterinary specialists, coordinate programmes of their training and re-training in higher and secondary special educational institutions. The authorities of the republican body of management of the veterinary included the settling of other issues of veterinary, as stipulated by the Regulations on this body of management. The head of the republican body of management of the veterinary shall: represent interests of the Republic of Belarus in international veterinary organizations; be the representative on the issues, which are within the competence of the republican body of management of the veterinary, in all state and public institutions, at enterprises and in organizations, in courts of justice the power of attorney, give powers of attorney as well as make economic contracts in the name of the republican body of the management of veterinary; have the right to dispose of means allocated to the republican body of management of the veterinary for the maintenance of the veterinary services and performance of veterinary measures.
Article 10. Rights of the Veterinary Inspectors Chief state veterinary inspectors, their deputies and state veterinary inspectors within their competence shall have the right to: freely visit facilities of veterinary supervision in the area of service with the view to checking the observance of the veterinary legislation, carrying on anti-epizootic measures; demand from officials and citizens any information necessary for the establishment of epizootic situation, finding out the causes of illnesses of animals which have appeared, assess the veterinary and sanitary quality of animal products; give to the ministries, state committees, departments, legal persons and other persons instruction, which are compulsory for them, on the execution of veterinary and sanitary and anti-epizootic measures and control the observance by them of the current legislation of the Republic of Belarus on the veterinary; give instructions, which are compulsory for legal and physical persons, on the killing or destruction of animals in case of their being ill with special contagious illnesses according to the list approved by the republican body of management of the veterinary as well as on the slaughter, processing or other use of animal products recognized as unsuitable for the consumption in connection with illness of animals; in case of violation of zoohygienic norms and veterinary rules detected during construction and reconstruction of animal-farming rooms, processing enterprises and shops, refrigerators, other facilities subordinated to the veterinary services, suspend them and demand that these violations be corrected before putting the above facilities into operation; ban further operation - before the required veterinary and sanitary and anti-epizootic measures have been taken - of animal farming facilities, enterprises of meat and milk sectors, other enterprises on processing and storing of animal products in case of a danger of contagious illnesses of animals or if it has been found out that veterinary requirements, norms and rules of operation of the above facilities and enterprises have been violated; reject animal products which do not meet the veterinary and sanitary rules; ban the use of medicaments, vaccine, other biological preparations and reagents, microelements, special fodder additives which are not registered in the established manner or manufactured with violation of normative and technical documentation or have been stored with violation of the relevant rules as well as the use in the animal farming, with the view of accelerated growth and increasing productivity of animals, of biological and chemical stimulators and hormones deteriorating veterinary and sanitary quality of animal products; impose penalties on the officials and citizens in accordance with the legislation of the Republic of Belarus. Additional rights of chief state veterinary inspectors, their deputies and state veterinary inspectors may be established by other legislation acts of the Republic of Belarus.
Article 11. Departmental Veterinary Services, Veterinary Services of Legal and Physical Persons Ministries and departments of he Republic of Belarus may set up veterinary services the structure of which shall be determined by these ministries and departments. Other legal and physical persons, irrespective of the form of ownership, may set up ate their expense their own veterinary services. Departmental veterinary services and veterinary services of legal and physical persons shall execute their activities under the control and with methodical management of the republican body of management of the veterinary.
Article 12. Obligations and Rights of Veterinary Specialists of the Departmental Veterinary Services, Veterinary Services of Legal and Physical Persons Veterinary specialists of departmental veterinary services, veterinary services of legal and physical persons shall bear responsibility for the management of the veterinary affairs within their authorities and shall be obliged to: render the necessary veterinary help to ill animals irrespective of who it belongs to, in case such help cannot be given by correspondent specialists; secure in the area of service an uptodate and quality set of anti-epizootic, curative, preventive and sanitary and veterinary measures aimed at preventing and liquidating contagious and noncontagious illnesses of animals, production of animal products of adequate veterinary quality. Veterinary doctors of departmental veterinary services, veterinary services of legal and physical persons within their competence shall have the right to: give to managers of farms, owners of animals instructions on the feeding, maintenance and use of animals, realization of animal products as well as compulsory proposals for the liquidation of detected violation of sanitary and veterinary rules; ban import (transportation into) into the farm or export (transportation out) out the farm and movement within the farm of animals ill with contagious illnesses, suspected of illnesses as well animals without veterinary documents; make conclusions on the causes of illnesses and death of animals; give out, in the established manner, veterinary documents for animals and animal products; ban in cases, envisaged by the legislation of the Republic of Belarus on the veterinary, the forced slaughter of animals, the use within the farm or taking out of the farm of animal products which are not of adequate veterinary and sanitary quality.
Chapter 3. LEGAL AND SOCIAL PROTECTION OF SPECIALISTS OF STATE VETERINARY SERVICES
Article 13. Legal Protection of Specialists of the State Veterinary Services Specialists of state veterinary bodies shall be independent in their activities carried on in accordance with the legislation of the Republic of Belarus. In necessary cases bodies of local government an control, enterprises, institutions and organizations the activities of which are connected with the maintenance and breeding, transportation and trade with animals, processing, storing and trade in animal products shall be obliged to provide, free of charge, for the use of institutions and organizations of the state veterinary services work rooms with communal services, the required equipment and communications facilities.
Article 14. Social Protection of Specialists of the State Veterinary Services Veterinary specialists shall be liable to compulsory personal insurance for the case of death, mutilation of professional illness occurred when they performed their professional duties, at the expense of the resources appropriated for the maintenance of he veterinary services. The procedure and conditions of insurance shall be determined by the Cabinet of Ministers of the Republic of Belarus.
Chapter 4. BASIC MEASURES ON PREVENTION AND LIQUIDATION OF ANIMAL ILLNESSES
Article 15. Obligations of Legal and Physical Persons on Prevention and Liquidation of Illnesses of Animals Legal and physical persons engaged in animal farming, processing, storing and realization of animal products shall bear responsibility for health of animals, production of safe animal products as regards their veterinary and sanitary conditions and shall be obliged to: observe zootechnical norms, veterinary rules and measures aimed at preventing illnesses and death of animals; observe zootechnical and sanitary and veterinary norms and rules when building, putting into operation and operating animal-farming rooms, other facilities and works connected with the maintenance of animals, processing and storing of animal products; observe the instructions of veterinary specialists when making relevant quarantine, restriction and other veterinary measures.
Article 16. Transportation of Animals, Animal Products Transportation of animals and animal products by all types of transport and moving animals by themselves shall be effected under supervision of specialists of the state veterinary services in accordance with the current legislation.
Article 17. Protection of the Territory of the Republic of Belarus against the Inflow of Contagious Illnesses of Animals from Territories of Other States To protect the territory of the Republic of Belarus against contagious illnesses from the territory of other states, it shall be permitted to import into the Republic of Belarus only healthy animals as well as animal products which correspond to the veterinary norms established in the Republic of Belarus. Legal and physical persons shall import into the Republic of Belarus animals, animal products, fodder from foreign states with the permission of the republican body of management of the veterinary. Transportation of animals, animal products and fodder across the state border shall be effected with the presence of a veterinary certificate and shall be allowed only in the places where there are border veterinary check points.
Article 18. Restricting Measures for the Prevention of Spreading of Infectious Illnesses of Aimals In case of infectious illnesses of animals, depending on the degree of the spread and the danger the local executive and government bodies or the Cabinet of Ministers of the Republic of Belarus shall establish quarantine or separate quarantine restrictions. The list of infectious illnesses of animals which stipulate the establishment of the quarantine or separate quarantine restrictions and the procedure of introduction and cancellation of the quarantine shall be defined by the legislation of the Republic of Belarus. For the period of threat or in case of appearance of specially dangerous illnesses of animals, special extraordinary anti-epizootic commissions may be set up by the Cabinet of Ministers of the Republic of Belarus or by local executive or government bodies of power to take operative measures and coordinate activities of legal and physical person irrespective of their form of ownership so as to exclude the spreading and liquidate the illnesses.
Article 19. Withdrawal of Animals and Animal Products On decision of chief state veterinary inspectors animals and animal products may be withdrawn in case of liquidation of centres of contagious illnesses of animals according to the list approved by the republican body of management of the veterinary. Legal and physical persons shall have the right for reimbursement of losses caused by withdrawal of animals or animal products according to the procedures established by the legislation of the Republic of Belarus.
Article 20. Veterinary Preparations and Other Means of Protection of Animals Veterinary preparations and other means of protection of animals against illnesses shall be permitted for the production, practical use or storage in accordance with the effective legislation of the Republic of Belarus. State control, testing and standardization of veterinary preparation, fodder additives and other means of protection of animals against illnesses shall be exercised by a special institution defined by the Cabinet of Ministers of the Republic of Belarus.
Article 21. State Veterinary Supervision at the Markets The state veterinary supervision shall be obligatory at markets and in similar places where it is allowed to sell animals, animals products and other food products. Managers of markets shall be obliged to secure the necessary conditions for activity of veterinary specialists who carry on state veterinary supervision as well as to provide utilization or processing of products brought to the market and recognized unsuitable to be consumed as food.
Article 22. Sanitary and Veterinary Expertise of the Game Caught game must be obligatorily subjected to sanitary and veterinary expertise before being used as food.
Chapter 5. FINANCING AND MATERIAL PROCUREMENT OF THE STATE VETERINARY SERVICES
Article 23. Financing of the State Veterinary Services Financing of the state veterinary services including capital construction and reconstruction of veterinary facilities, its procurement shall be executed at the expense of the republican and local budgets, as well as at the expense of resources received from legal and physical persons for the performance of work according to contracts, rendering of paid veterinary services and from other sources which are not banned by the legislation of the Republic of Belarus.
Article 24. Financing of Events Used to Prevent and Liquidate Infectious Illnesses Measures used to prevent and liquidate infectious illnesses of animals mentioned in the list approved by the republican veterinary management bodies as well as medical treatment in case of threat to life of animals shall be effected at the expense of resources from the republican and local budgets. Measures used to prevent and liquidate illnesses of animals, not included into the above list, treatment of animals as well as execution of a number of laboratory researches and sanitary and veterinary expertise of animal products shall be effected at the expense of resources of respective legal and physical persons.
Article 25. Procurement of the Veterinary Services State veterinary institutions and organizations shall be provided with special motor vehicles. The head of the body of control of the veterinary supervision body at the state border and in transport systems, his deputies, veterinary doctors of this body, heads and veterinary doctors of veterinary institutions at the state border and in transport systems shall be provided with free of charge work clothing.
Chapter 6. SCIENTIFIC PROCUREMENT OF THE VETERINARY AND TRAINING OF VETERINARY SPECIALISTS
Article 26. Scientific Procurement of the Veterinary Scientific procurement for the veterinary shall be provided by the Academy of Agrarian Sciences of the Republic of Belarus.
Article 27. Training of Veterinary Specialists Training of veterinary doctors and veterinary assistants shall be effected only at day-time educational departments in accordance with the current legislation.
Chapter 7. RESPONSIBILITY FOR THE VIOLATION OF THE VETERINARY LEGISLATION
Article 28. Responsibility for the Violation of the Veterinary Legislation Officials and citizens guilty of violation of the veterinary legislation shall bear criminal, administrative or other responsibility in accordance with the current legislation of the Republic of Belarus. In so doing, the grounds for the imposition of administrative penal measures shall be: violation of the rules of quarantine or other quarantine restrictions aimed at combating contagious illnesses of animals as well as untimely or incomplete carrying on of measures for the liquidation of centres of contagious illnesses of animals; appearance or spreading of contagious illnesses of animals as well as death of animals because of the fault of veterinary specialists; failure to fulfil sanitary and veterinary norms and rules on the protection of the territory of the Republic of Belarus against the inflow of contagious illnesses of animals from the territories of other states, violation of the veterinary rules of international (transit, export, import) and internal transportation (movement) of animals, animal products, fodder and other cargo, supervised by the veterinary bodies, by all types of transport; production and use of fodder, fodder additives, veterinary preparations of bad quality in sense of veterinary, which are the cause of appearance and spreading of contagious and mass noncontagious illnesses of animals; violation of the sanitary and veterinary rules when trading in animals, producing, processing, storing, realizing animal products and other food products; failure to observe zoohygienic and sanitary and veterinary requirements when locating, building or reconstructing, putting into operation and operating facilities connected with the maintenance of animals, processing, storing and realizing of animal products, violation of norms and rules of maintenance and use of animals; evasion of the compulsory measures (research, immunization, treatment) for the prevention of illnesses of animals and violation of terms of their performance; failure to render by specialists of help to ill animals in cases if such help is compulsory in accordance with the legislation of the Republic of Belarus on the veterinary; violation of the requirements of transportation, storage and use of medicaments, biological preparations and other veterinary means. Imposition of fines or penalties shall not exempt the guilty persons from the necessity to reimburse the loss in the manner established by the legislation of the Republic of Belarus.
Chapter 8. INTERNATIONAL TREATIES (AGREEMENTS)
Article 29. International Treaties (Agreements) If international treaties (agreements) of the Republic of Belarus establish the rules other than the rules contained in this Law, then the rules of international treaties (agreements) shall be applied.
DECREE OF THE SUPREME SOVIET OF THE REPUBLIC OF BELARUS
On Procedure of Putting into Force of the Law of the Republic of Belarus
The Supreme Soviet of the Republic of Belarus decrees:
1. The legislation of the Republic of Belarus regulating the relations in the field of the veterinary, until if it put in line with the present Law, shall be used in that part in which it does not contradict the present Law.
2. The Cabinet of Ministers of the Republic of Belarus, before 1 March 1995, shall: make to the Supreme Soviet of the Republic of Belarus proposals on putting the legislative acts of the Republic of Belarus in line with the Law of the Republic of Belarus "On Veterinary"; to exercise the state veterinary supervision at meat plants and meat-processing enterprises of the Republic of Belarus, shall solve the issue of the creation of respective departments of the state veterinary supervision at the above enterprises; approve the Veterinary Code of the Republic of Belarus and other regulations stipulated by the Law of the Republic of Belarus "On Veterinary"; secure the putting of the decisions of the Government and executive power bodies subordinated to the Government in line with this Law; approve the description, procedure and norms for the provision of work clothes to veterinary specialists which is stipulated by the Law of the Republic of Belarus "On Veterinary".
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