Animal Breeding Act

Section Short title Section This Act may be cited as the Animal Breeding Act, 2001.

Section Commencement Section This Act shall come into force on such day as the Minister shall by statutory instrument appoint; and the Minister may appoint different dates for different provisions of this Act.

Section Interpretation Section In this Act, unless the context otherwise requires— " Accounting Officer " means the Permanent Secretary in the Ministry responsible for animal Industry; " animals " means all livestock, camels, donkeys, rabbits, poultry other ruminating and pseudo-ruminating animals, fish and any other animal that the Minister may by statutory instrument so declare; " Animal Breeder " means a person or group of persons engaged in breeding activities and registered with the Ministry ; " Animal or Fish Breeding Specialist " means a person or class of persons academically qualified and recognised as an animal geneticist by the Ministry ; " Animal Production Officer " means any person or class of persons certified and declared to be an animal production officer by the Ministry ; " approved laboratory " or "testing station" means a laboratory in Uganda or any other country designated by the Board to carry out the tests provided for under this Act; " Aquaculturist " means an officer who has undergone training in aquaculture and is recognised by the Ministry ; " Board " means the Board of Directors of the Centre; " cattle " means bulls, cows, oxen, heifer and calves; " cent...

Section Functions of the Director Section The Director shall have functions in animal genetics— to ensure the effective and efficient implementation of the policy aimed at achieving a sustainable increase in the productivity of farm animals; to ensure animal based national food security and socio-economic development; to determine priorities for animal breeding and research in relation to the economic and social policies of the Government; to ensure the effective and efficient implementation of all aspects of the programme; to advise government and make such recommendations to government as he or she may consider necessary on the financial, human and other resource requirements for implementing the programme; to promote optimum animal genetic resource management, conservation and sustainable use, commensurate with Uganda’s needs and environmental protection; to promote the production of farm animals and their products for export; to promote and encourage optimal utilisation of the adapted and resistant indigenous breeds, and the development and use of animal genetic resources that are relatively more tolerant to disease and environmental stress; to formulate and enforce regulations...

Section Additional functions of the Director Section In carrying out of the functions under section 4 of the Act the Director shall carry out the following additional functions— develop, promote and regulate animal breeding and reproduction, and co-ordinate and monitor the appropriate use of genetic resources in Uganda; establish and identify the animal and fish breeds needed to ensure that improved animal production is met as economically as possible; promote, control and regulate the importation, exportation, sale and distribution of animal breeds and trade in genetic materials which shall include semen, ova, eggs and embryo; develop and formulate regulations governing artificial insemination and embryo transfer techniques regarding qualifications and required standards; promote and encourage scientific knowledge and conservation of animal breeds and genetic materials; promote, encourage and regulate training and schools specialised in animal breeding and genetic resource management; approve applications by animal breeders and breeding centres or places where breeding shall be permitted; and issue permits. register and certify all animal breeds, breeders and breeding centres; mob...

Section Registration Section The functions referred to in subsection (1) of this section include the following— The Commissioner, Animal Production and Marketing in the Ministry shall be responsible for registration of animal genetic resources and related activities. the registration and certification of all breeds and animal genetic resources in Uganda; the registration and certification of animal breeders or associations or both; the registration and certification of artificial insemination technicians and inovulators; registration and issue of licences for animal breeding training schools and institutes; registration and issue of animal brands; performance of any other function as may be recommended by the Minister. The Commissioner, Animal Production and Marketing may delegate any of his or her functions under this Act and may at any time revoke or vary the delegation; except that no such delegation shall be deemed to divest the Commissioner of any of his or her functions. The Commissioner, Fisheries Resources shall register fish breeding and related activities.

Section Quality of semen and sperms Section For the avoidance of doubt, the prescribed minimum amount of spermatozoa in a dose of semen shall be the one specified in the Sixth Schedule of this Act.

Section Registration and regulation of breeders and their breeding stock Section The following shall register with the Commissioner, Animal Production and Marketing on payment of the prescribed fee contained in the Seventh Schedule to this Act— Applications for— The Commissioner, Animal Production and Marketing shall establish a system of record keeping, breed registration, and registration and regulation of breeders and their breeding stock, for effective information dissemination. inseminators; semen collection premises; importers and exporters of germplasm; breed associations and breed societies; animals and their brands; breeding farms; breeders; embryo transfer technicians; premises for embryo transfer; inovulators; training institutes relevant to animal breeding; hatcheries; animal genetic engineering premises; and any other thing or transaction deemed necessary under this Act. registration as an inseminator, embryo transferor or inovulator; registration of premises as centres; The Director shall review and approve national quality and performance standards with regard to animal genetic resources.

Section Special activities of certain Commissioners in the Ministry Section The Commissioner, Animal Production and Marketing, shall have the following responsibilities— The Commissioner, Livestock, Health and Entomology shall, in addition to his or her other functions under the Ministry carry out the following activities— The Commissioner, Fisheries Resources, shall have the following responsibilities— overall policy guidance on animal production; training of staff and farmers; monitoring of animal production activities; encouraging formation of animal products marketing groups or associations; and compiling and disseminating market information especially of animal products. control of endemic and epidemic disease in livestock; supervise the establishment and maintenance of disease-free zones; and supervise ethical performance of veterinary practitioners. issue import and export permits for animal breeds and genetic materials. overall policy guidance on fish production; monitoring of fish production activities; encouraging formation of fish products marketing groups or associations; compile and disseminate market information of fish products; and issue import and export permits fo...

Section Permits for imports and exports of animal and fisheries breeds Section No imports or exports of animal breeds and genetic material shall be done without first obtaining a permit from the Commissioner, Livestock Health and Entomology.

Section List of suitable breeds to be drawn and updated regularly Section The list in the Third Schedule to this Act shall be the official list of suitable breeds for wide-spread use. The list will be updated regularly by the Executive Director . Any breed not appearing on the list shall only be allowed into the country for restricted use on designated locations and experimental stations or specialised production units approved by the Director . All imports and exports shall be sanctioned by the Director based on verified documentary evidence of the material being free of the disease agents and prohibited hereditary defects as specified in the Fourth Schedule to this Act.

Section Genetic materials Section A sample of all genetic materials namely— semen ; ova; eggs; and embryos. All new genetic materials shall conform to the national bio-safety standards as set by the Uganda National Council of Science and Technology (UNCST) and the Uganda National Bureau of Standards (UNBS). A satisfactory genetic impact statement shall be provided by the promoter to the Centre and other designated offices. All genetic material developed in Uganda shall be patented and protected under the provisions of the National and International Intellectual property rights. Imported and locally produced genetic material shall be strictly screened to conform to quality and performance standards established by the Director . The seller of animal genetic material to be used for breeding purposes, shall show proof of the quality of the product to the prospective buyer, by indicating the performance and parameters of the animals in issue which parameters shall conform to the performance parameters contained in the Fifth Schedule to this Act.

Section Establishment of the Centre and Data Bank Section There is established a body called the National Animal Genetic Resources Centre and Data Bank which shall be a body corporate with perpetual succession and a common seal and shall be capable of— acquiring and holding property; suing and being sued; doing all acts and things that corporate bodies may lawfully do or suffer to be done. The Centre shall operate on a commercial basis in discharging its functions unless otherwise directed and funded by Government. The Centre shall be under the general policy direction of the Board .

Section Objects of the Centre Section The objects of the Centre are to— play a leading role in the gradual commercialisation of— breeding activities including procurement and distribution of semen and associated equipment; training of artificial insemination technicians; training of Embryo transfer technicians; training of farmers in fish breeding techniques; liquid nitrogen production and distribution; and cryo-preservation of semen and embryos; and their distribution; to carry out any other activities incidental or conducive to the foregoing.

Section Functions of the Centre Section The Centre shall, for the attainment of its objects specifically carry out the following commercial activities— The following activities shall be undertaken by the Centre as shall be directed and funded by Government or other funding agents— production, procurement and sale of semen, eggs, ova, embryos and their associated equipment; management of the Centre farms for production and selection of superior dams and sires; production and sale of founder brood stock of fisheries resources; open nucleus breeding scheme and reproduction extension services to farmers on the farms of the Centre and offer for sale properly bred and recorded good quality livestock to farmers; rearing of sire studs for production and sale of semen; production, procurement and sale of liquid nitrogen and associated equipment; and procurement and sale of other breeding and reproduction equipment. serve as a National Animal Genetic Data Bank; serve as a National Central Livestock Registry; serve as the National Animal Genetic Resources Evaluation Centre and Laboratory; serve as a national gene depository and examination Centre for Genetic materials; quarantine and evaluati...

Section Patent rights Section The patent rights in any discoveries, inventions and improvements, apparatus and machines effected by persons engaged by the Centre in the discharge of their functions, shall vest in the Centre but the Centre may make any such patents available for use in the public interest on such terms as the Board may determine.

Section Common seal of Centre Section The common seal of the Centre shall be such device as the Board may determine and shall be kept in the custody of the Executive Director . The common seal of the Centre shall be authenticated by the signatures of at least two of the following that isto say, the Chairperson, the Executive Director and another member authorised by the Board . A contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Board .

Section Validity of proceedings not affected by defects Section The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them or by the fact that any person sat or voted at any meeting who was not entitled to do so.

Section Protection of Board members and employees Section A member of the Board or an employee of the Centre shall not in his or her personal capacity be liable to any civil or criminal proceeding in respect of any act done or omission made in good faith in the performance of his or her duties under this Act.

Section Annual reports of Centre Section The Executive Director shall cause to be prepared for the Centre, within six months after the end of each financial year, and submitted to the Minister through the Board , a report of the activities of the Centre in respect of that financial year and the report shall include its achievements during the financial year and its future plans. The annual report shall be accompanied by the Auditor-General’s report on the accounts of the Centre referred to in section 33 of this Act.

Section Minister’s report to Parliament Section The Minister shall, as soon as possible after receiving the annual report and the audit reports submitted to him or her under sections 33 and 44 of this Act, cause them to be laid before Parliament.

Section Notices to Centre Section A notice or document required to be served on the Centre may be served by leaving it at the office of the Executive Director or by sending it by pre-paid registered post to the Executive Director .

Section Exemption Section The Minister may, on the recommendation of the Board , by statutory instrument, exempt any person or class of persons from any provision of this Act.

Section Regulations Section Regulations made under this section may prescribe— The Minister may, on the recommendation of the Board , by statutory instrument, make regulations generally for the better carrying into effect of the provisions of this Act. The Minister shall make regulations for the registration and issuance of codes for the identification of stock and any other related matter. penalties for the contravention of the regulations being a fine not exceeding one hundred currency points or imprisonment not exceeding two years or both; in the case of a continuing contravention, an additional fine not exceeding two currency points for every day on which the offence continues; and a requirement that the court convicting an offender shall direct the forfeiture of anything used in connection with the offence.

Section Powers of Minister to amend Schedules Section The Minister may, with the approval of the Cabinet, by statutory instrument, amend the First Schedule to this Act. The Minister may, by statutory instrument on the recommendation of the Director amend the Second, Third, Fourth, Fifth, Sixth and Seventh Schedule of this Act.

Section Transfer of assets and liabilities Section All property and assets, including land, except such property and assets that the Minister may specify by statutory order, which immediately before the commencement of this Act, were vested in or were in the possession of or used by the Artificial Breeding Centre, Entebbe shall vest in the Centre subject to all interests, liabilities, charges, obligations and trusts affecting them. The Minister may transfer to the Centre the assets belonging to Government, which by virtue of this Act and in his or her opinion, are necessary for the performance of the functions of the Centre. The Centre shall, in respect of the assets transferred to it under subsection (2) of this section, have all rights and be subject to all liabilities attaching to those assets.

Section Repeal of Cap. 222 Section The Branding of Stock Act is repealed.

Section The Board Section The Board shall consist of the following— The governing body of the Centre shall be a Board of Directors appointed by the Minister . a Chairperson appointed by the Minister ; Director responsible for Animal Resources; two prominent and knowledgeable breeders one from the animal sector and the other from the fisheries sector; four farmers’ representatives one from each region; Officer-in-charge NARO breeding programme ; a representative of the Ministry responsible for finance; a representative of the artificial insemination technicians nominated by the Uganda National Association of Artificial Insemination Technicians; and the Executive Director referred to in section 22 of this Act.

Section Tenure of office Section Any member of the Board other than the Chairperson or a person being on the Board by virtue of his or her office may be removed by the Minister on the recommendation of the Chairperson on the ground that he or she— The Chairperson and the persons appointed under paragraphs (c) and (d) of section 17 (2) shall hold office as members for three years and shall be eligible for reappointment for one further term. An appointed member may be removed from office by the Minister due to inability to perform the functions of his or her office, whether arising from infirmity of body or mind or for any other cause. has absented himself or herself from three consecutive meetings of the Centre without notification; is or is to be out of Uganda for a continuous period of twelve months or more. The appointment of any person representing any other person or organisation or authority on the Board may at any time be revoked by that other person or the organisation or authority. Where a person is removed or where the appointment of a person is revoked under this section the person or organisation or authority who or which appointed that person may appoint another person...

Section Functions of the Board Section The functions of the Board shall be— to formulate and review the policy and strategic plan of the centre ; to provide guidance to the Executive Director and the staff of the Centre; to approve the appointment of technical and professional staff on the advice of the Executive Director ; to monitor and evaluate the performance of the Centre against budgets and plans; to establish and approve rules and procedures for the appointment, discipline, termination and other terms and conditions of service of staff; to perform any other duties assigned to it under this Act.

Section Remuneration of members of the Board Section The Centre shall pay to members and also to persons co-opted to any meeting of the Board, such sitting, subsistence, travelling and other allowances as the Minister may on the recommendation of the Board determine.

Section Meetings of the Board Section The Second Schedule to this Act shall apply to meetings of the Board .

Section The Executive Director Section There shall be an Executive Director of the Centre who shall be appointed by the Minister on the recommendation of the Board . The Executive Director shall be a qualified animal scientist. The Executive Director shall be appointed on contract for a period of five years, which may be renewed by the Minister on the recommendation of the Board . The Executive Director shall hold office upon such terms and conditions as shall be specified in his or her contract of appointment.

Section Functions of the Director Section The Executive Director shall be the Chief Executive Officer of the Centre. The Executive Director shall be the Secretary to the Board of Directors. The Executive Director shall keep the seal of the Board under lock and key and shall be the accounting officer for the Centre. The Executive Director shall from time to time in writing, submit reports on matters affecting the affairs of the Centre as shall be required of him or her by the Board . In addition to any other function prescribed by this Act, the Executive Director shall, subject to the general control of the Centre, be responsible for the funds and properties of the Centre and for the day to-day administration of the affairs of the Centre and for the control of all employees of the Centre.

Section Other employees of the Centre Section The Board shall appoint other employees to facilitate the proper running of the Centre under terms and conditions of service determined by the Board .

Section Experts and consultants Section The Centre may, on such terms as the Board may determine, engage the services of experts and consultants in respect of any part of the functions of the Centre in which they are considered to have special competence.

Section Financial year of the Centre Section The financial year of the Centre shall be the twelve months beginning on the 1st day of July and ending on the 30th day of June in the following year.

Section Funds of the Centre Section The funds of the Centre shall consist of— moneys appropriated by Parliament for the purposes of the Centre; loans from government or from any person or organisation within or outside Uganda; grants, gifts and donations that may be received by the Centre from sources within or outside Uganda; and profits from the commercial activities of the Centre. All income and moneys of the Centre shall be deposited to the credit of the Centre in a bank approved by the Board.

Section Financial status of the Centre Section The Centre shall be financially autonomous and self accounting and shall perform its functions in a commercial manner and in accordance with existing financial regulations and accounting principles in the public service.

Section Estimates of the Centre Section The Centre shall within a period of three months before the end of each financial year, cause to be prepared and submitted to the Board for approval and onward transmission to the Minister, estimates of the income and expenditure of the Centre for the following financial year. No expenditure shall be made out of the funds of the Centre unless the expenditure has been approved by the Board under subsection (1) of this section.

Section Borrowing powers Section The Centre may, with the prior approval of the Board , borrow by way of overdraft or otherwise, such sums as may be required for meeting current obligations of the Centre or for discharging its functions under this Act. Subject to article 159 of the Constitution, a loan or credit facility obtained by the Centre under this section may, with prior approval of the Board and Minister be guaranteed by Government.

Section Investment of surplus funds of the Centre Section Any funds of the Centre not immediately required for any purpose under this Act shall be invested in such manner as the Board may determine.

Section Accounts of the Centre Section The Centre shall cause to be prepared in respect of each financial year and not later than three months after the close of the financial year, a statement of accounts which shall include a report on the performance of the Centre during the financial year comprising of— The Centre shall keep proper books of accounts of all its income and expenditure and proper records in relation to them. the balance sheet, a statement of income and expenditure and a statement of surplus and deficit; and any other information in respect of the financial affairs of the Centre.

Section Audit of the Centre Section The accounts of the Centre shall, in respect of each financial year, be audited by the Auditor-General or by an auditor appointed by the Auditor-General. Within three months after the expiry of each financial year, the statement of accounts described in subsection (1) of this section shall be submitted to the Auditor-General for auditing. The Auditor-General or any auditor appointed by him or her shall have access to all books of accounts, vouchers and other financial records of the Centre, and be entitled to have any information and explanation required by him or her in relation to them as he or she may think fit. The Auditor-General shall, within three months after receipt of the statement of accounts under subsection (2) of this section, audit the accounts and deliver to the Centre a copy of the audited accounts of the Centre together with his or her independent opinion. The Board shall, as soon as possible, after receiving the audit report of the Auditor-General under subsection (4) of this section, forward it together with the Auditor-General’s opinion, to the Minister . The Auditor-General shall also deliver to the Minister , a copy of the...

Section Sales of substandard genetic material Section Any registered or authorised person who— sells any prescribed breed or genetic material that does not conform to the standard of growth and purity prescribed for that breed; or sells for breeding any breed or genetic material that does not conform to the standard tests of the Centre, The court which convicts any person of an offence under subsection (1) may, in addition to any other penalty that it may impose, order the forfeiture or destruction without compensation of the substandard breed or genetic material found in the possession or under the control of that person.

Section Sales of genetic material under different name Section Any person who sells for breeding, any breed or genetic material under a description other than its patent name, commits an offence and is liable on conviction to a fine not exceeding fifty currency points or imprisonment not exceeding one year or both. In this section, “patent name” means the name given to a specific variety of breed or genetic material by its originator or discoverer.

Section Tampering with samples Section Any person who— tampers with any prescribed genetic material so as to procure any sample of that genetic material, to be taken for the purpose of this Act, and the sample does not correctly represent the bulk from which that sample was taken; or otherwise tampers with any sample taken under this Act; or with intent to deceive, causes or permits to be sent to any genetic testing laboratory to be tested, for the purposes of any prescribed genetic material which to his or her knowledge does not conform to the bulk from which it was taken,

Section Altering official record Section Any person who, without authority alters or defaces or removes— any register, roll, index, or other official marking maintained under regulations made under this Act; or any entry appearing in any register roll, index or other official record;

Section Altering documents and marks Section Any person who without lawful authority— alters or defaces any certificate, report, record, invoice, account or other document prescribed, issued, furnished or kept under this Act or under regulations made under this Act; or alters or defaces any label, note, document, or mark placed upon any container under this Act or under any order, requirement, condition or regulations made under this Act; or removes any label, note, document or mark from any container,

Section Additional penalties Section Where a person commits any offence under sections 35 to 38 of this Act, the court convicting the person of the offence may, in addition to any other penalty imposed on that person— suspend any licence or permit held by that person for a period not exceeding five years; cause any items in connection with which the offence is committed to be forfeited and destroyed or otherwise disposed of in a manner prescribed by the Minister. Where a person commits any of the offences referred to in subsection (1) a second or subsequent time, that person is liable on conviction, to a fine not exceeding one hundred currency points or imprisonment not exceeding two years or both.