PROVISIONAL INSTITUTIONS OF SELF GOVERNMENT THE VETERINARY LAW

Transcription

1 UNITED NATIONS United Ntions Interim Administrtion Mission in Kosovo UNMIK NATIONS UNIES Mission d Administrtion Intérimire des Ntions Unies u Kosovo PROVISIONAL INSTITUTIONS OF SELF GOVERNMENT Lw No.2004/21 THE VETERINARY LAW The Assembly of Kosovo, Tking into ccount the UNMIK Regultion No.2001/9 of My on Constitutionl Frmework for Provisionl Self Governnce in Kosovo, Chpters () nd 5.1. (n), For the purpose of estblishing nd consolidting the requirements in the veterinry field, veterinry public helth, veterinry medicinl products, niml feeding stuffs, niml welfre, nd to regulte the veterinry profession, Approves: THE VETERINARY LAW Generl Provisions Section 1 The purpose of this Lw is to regulte the combting nd prevention of infectious niml diseses, veterinry medicl prctice, the circultion of products of niml origin, veterinry control of the import, the export nd trnsit of live nimls nd products of niml origin, nd determine the rights nd obligtions of public nd locl government institutions, s well s of individul persons, in this field The provisions of this Lw pply to: Applicbility Section 2 the requirements in the veterinry field: i ii Pertining to niml helth nd public helth with regrd to live nimls including the embryonic products, semen, cells nd embryos of domestic species nd such other species s the Minister my on the dvice of the Chief Executive Veterinry Officer pprove subject to veterinry requirements; For the purpose of regulting niml nd public helth with regrd to products of niml origin, including by-products: detiled list of these products (byproducts not listed in Annex II of the Trety of the Europen Union), shll be

2 drwn up in regultions prescribed by the Minister nd plnt products: detiled list of plnt products which, prticulrly on ccount of their subsequent destintion, my give rise to the risk of spreding infectious or contgious niml diseses nd, for tht reson, re to be subjected to veterinry inspections, shll be drwn up in Administrtive Instruction prescribed by the Minister; b the requirements relting to veterinry medicinl products; c the requirements relting to niml feeding stuffs, pertining to niml nd public helth The regultion of: the rights nd obligtions of nturl nd legl persons in the field of veterinry ctivities; b the rights nd obligtions of persons exercising privte veterinry ctivities; nd the orgniztion nd execution of their ctivities; c the orgniztion, scope of uthority nd powers of the bodies exercising public veterinry ctivities. Definitions Section 3 Definitions used in this lw shll men the following: ''Animl'' shll men ll living nimls, including fish nd bees, free-living lrvl nd, or reproducing lrvl forms, but excluding fetl or embryonic forms; "Border inspection post" shll men ny inspection post, designted nd pproved for the crrying out of veterinry inspections on live nimls, products of niml origin nd embryonic products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements intended for import t the borders nd boundries of the territory of Kosovo; Dngerous contct mens n niml, which the Minister considers hs in ny wy been exposed to n infection or is t risk of infection with disese listed in the First Schedule; ''KVFS'' shll men the Kosovo Veterinry nd Food Services; ''CEO'' shll men the Chief Executive Veterinry Officer of the KVFS; ''Feeding stuffs'' shll men products of vegetble or niml origin, fresh or preserved, including products derived from the industril processing thereof, nd orgnic or inorgnic substnces, used singly or in mixtures, whether or not contining dditives, for the orl feeding of nimls; Export shll men the moving or delivery of live nimls, products of niml origin nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements out of the territory of Kosovo nd into n externl re; 2

3 ''Import'' refers to the moving or delivery of good, live nimls, products of niml origin nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements from n externl re nd into the territory of Kosovo; Infection shll men the presence of pthogenic disese gent in live niml, product of niml origin or biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements; ''Minister'' shll men the Minister responsible for veterinry services; ''Officil veterinrin'' shll men veterinrin uthorized to crry out public veterinry ctivities; Veterinrin shll men resident of Kosovo who hs successfully completed forml trining in veterinry medicine nd surgery in veterinry school officilly pproved by the competent Minister; Veterinry Technicin shll men resident of Kosovo who hs successfully completed the veterinry technicin curriculum of four yers s tught by griculturl high schools in Kosovo or equivlent qulifiction s recognized by the competent Minister; ''Plcing on the mrket'' shll men holding or displying for sle, offering for sle, selling, delivering, trnsferring or ny other form of offering for consumption, storge, trnsport for the purpose of sle nd import for the purpose of sle; ''Privte veterinry ctivity'' hs the mening ssigned to it under section 33; ''Public veterinry ctivities'' hs the mening ssigned to it under section 34; ''Protection zone'' mens ny re s my be officilly declred by the Ministry, being n re bsed on minimum rdius of three kilometers nd surveillnce zone bsed on minimum rdius of ten kilometers, tking into ccount nturl boundries, wherein the presence of notifible disese hs been dignosed, nd wherein mesures shll be tken, in ccordnce with the provisions of this Lw, for the control nd the erdiction of ny of the diseses listed in the First Schedule; ''Veterinry services'' shll men the body in Kosovo, or in other countries empowered to crry out public veterinry ctivities; ''Veterinry medicinl product'' shll men prophylctic nd therpeutic medicinl products for use in nimls; ''Withdrwl period'' shll men tht period of time, s my be specified by the CEO, with reference to prticulr nimls or species of nimls, during which the produce nd products of niml origin my not be consumed or sold for humn or niml consumption following the dministrtion or use of veterinry medicinl products; Met includes met derived from poultry, cttle, pigs, sheep, horses, gots, fish or other frmed nimls nd met derived from wild gme nd wild birds ; 3

4 Veterinry requirements Section 4 Within the scope of this Lw, the veterinry requirements shll include: mesures concerning live nimls nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, relting to the: i control of infectious nd contgious diseses; ii notifiction of certin diseses specified by the Ministry; iii niml identifiction nd registrtion; iv niml helth conditions required for their movement; v niml helth conditions required for their import. b mesures, concerning products of niml origin relting to the: c i requirements for their production nd plcing on the mrket; ii conditions required for their import; mesures relting to live nimls nd products of niml origin concerning: i the prohibition on the dministrtion nd use of certin substnces; ii the monitoring of certin substnces nd residues; iii niml wste nd pthogens; d mesures concerning veterinry inspections relting to the export of live nimls, products of niml origin nd biologicl products, semen, cells nd embryos, byproducts nd plnt products subject to veterinry requirements e f certifiction with regrd to veterinry controls; the reltionship with other interntionl orgniztions pertining to veterinry mtters. KVFS Section The Kosovo Veterinry nd Food Service (hereinfter KVFS) is n Executive Agency under the Ministry of Agriculture Forestry nd Rurl Development responsible for niml helth nd control of the sfety of food of niml origin with orgniztion nd ctivities regulted by the present Lw nd Administrtive Instructions issued by the Ministry The KVFS hs its orgniztionl units in Municiplities nd shll exercise its powers nd functions throughout Kosovo, including customs nd duty free zones The work of the KVFS shll be mnged by the CEO selected by the pplicble lw The CEO shll mke recommendtions through the pproprite Minister to pproprite rms of the Government nd other entities outside Government Ministries on issues relted to the KVFS The Executive Agency KVFS will implement the legisltion within its competencies under the direction of the Minister nd frmework of MAFRD 4

5 Section KVFS shll orgnize nd ensure, on the bsis of monitoring progrmmes nd the requirements of regultory enctments, unified public monitoring nd control in the following res: prevention nd combting of infectious niml diseses; b.control of sfety of food of niml origin; c niml welfre; d circultion of products of niml origin ccording to the division of uthority mong ministries to ensure public supervision nd control of the hndling of food; e f g h i circultion of wste of niml origin; circultion of veterinry drugs, veterinry phrmceuticl products nd other products for niml cre; jointly with competent uthorities tkes prt in circultion of niml feed nd feed dditives; registrtion of nimls nd herds, mrking of herds nd reloction of nimls; nd control, veterinry expertise, clssifiction of met crcsses KVFS within the scope of its competence hs the right to: ly down,, the bylws implementing this Lw; b ly down bylws for the combting of infectious niml diseses; c ensure the possibility of providing lbortory services; d represent Kosovo in interntionl orgniztions nd mintin interntionl contcts in the field of veterinry medicine; nd e prepre pplictions nd submit orders to the competent entity for the performnce of scientific reserch KVFS shll formulte, pprove nd mintin system of registrtion, recording nd movement of nimls nd products of niml origin, s well s system tht hs the function of reporting cses of nimls becoming ill with infectious niml diseses. The CEO shll: CEO KVFS Section 7 be the chief dvisor to the Minister on ll mtters relting to niml or veterinry public helth or relting to, or in connection with, the KVFS; b submit periodicl reports, to the Ministry, on the ongoing public veterinry ctivities; 5

6 c report to the Ministry ny informtion concerning ny new scientific evidence or fcts, which my directly or indirectly ffect Public veterinry ctivities; d submit to the Ministry the documenttion or dt required for the mking of rules nd, or, other subsidiry instruments in ccordnce with the provisions of this Lw, nd dvise the Minister on ny mtter required to be done by the Minister under this Lw; e f g liise with other Kosovo veterinry services or bodies on mtters flling under his or her responsibility; nd perform such duties nd functions s re ssigned to him or her pursunt to the provisions of this Lw nd, generlly, monitor the running of veterinry ctivities; Confirm the existence of the diseses listed in the First Schedule; h. CEO shll hold t lest degree in Veterinry nd t lest 10 yers of experience in profession. Control of infectious nd contgious diseses Section The Minister, concerning the prevention nd control of infectious nd contgious niml diseses my, on the bsis of the diseses listed in the First Schedule, clssify certin diseses s dngerous nd requiring prticulr veterinry control mesures, nd to this effect prescribe Administrtive Instruction to: estblish ccepted procedures to determine n officil dignosis of infection; b impose obligtions on lbortories, the owners of nimls, products of niml origin nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, including n obligtion to report the existence or suspected existence of ny of the infections or diseses listed in the First Schedule, to the KVFS; c impose restrictive mesures on the movement of live nimls, products of niml origin nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements in the cse of suspicion or confirmtion of infection, including n obligtion on the owners to restrict the movement of nimls, products of niml origin or products under suspicion pending veterinry inquiry by the KVFS ; d estblish specil procedures for the mrking nd identifiction of nimls; e f g prescribe mndtory tretment nd/or vccintion of live nimls; mke provisions for the isoltion of live nimls, products of niml origin nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, tht my be resonbly suspected or be officilly dignosed s infected ; provide for the compulsory slughter of nimls suspected or confirmed s infected nd methods for the destruction nd sfe disposl of their crcsses ; 6

7 h i j provide for the compulsory destruction of products of niml origin nd biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements suspected or confirmed s infected; provide tht, where diseses develop during the trnsporttion of nimls, the person responsible for the trnsport shll notify the KVFS, in ccordnce with the provisions of this Lw or such rules s my be mde pursunt thereto; provide tht, where there is risk tht wild nimls my trnsmit certin contgious niml diseses to domestic nimls or mn, the CEO in consulttion with the Forestry Deprtment of the Ministry of Agriculture, Forestry nd Rurl Development, shll orgnize nd define mesures for the tretment, vccintion nd/or reduction in number of the ffected wild nimls or otherwise limiting their movement; k estblish lbortory for the dignosis of niml diseses; l estblish contingency plns involving the lw enforcement bodies, municipl uthorities nd civil protection bodies to implement the bove provisions For the purposes of ensuring prevention, control nd/or erdiction of infectious niml diseses listed in the First nd Second Schedule, the KVFS shll: gther the necessry informtion for the nlysis of the epizootic nd enzootic situtions in nd out of Kosovo, in the current nd previous yers; b formulte nd pprove system for the ssessment nd nlysis of the gthered dt; c ssess disese risks on the bsis of the bove systems; d formulte the necessry dedicted monitoring progrmmes; e f g formulte plns for the prevention, control nd, where fesible, erdiction nd submit such plns for pprovl by the Minister, in consulttion with the Minister responsible for Finnce, prior to their implementtion; co-operte with the Institute of Public Helth to formulte nd implement prevention, control nd erdiction progrmmes for infectious diseses ffecting both nimls nd humns-zoonosis; co-operte with the Forestry Deprtment of the Ministry of Agriculture, Forestry nd Rurl Development (MAFRD), to formulte nd implement prevention, control nd erdiction progrmmes for infectious diseses ffecting both wild nd domestic nimls nd humns-zoonosis The CEO shll uthorize, nd contrct by mens of tender, privte veterinrins to ssist with the implementtion of the disese monitoring, prevention, control nd erdiction progrmmes implemented by the KVFS; 8.4. Such privte veterinrins shll receive pproprite remunertion, regrd being hd to the nture of the services rendered, s my be determined by the Minister's Administrtive Instructions The Minister my mke Administrtive Instructions under this Lw for the purpose of controlling specific niml diseses or for complying with interntionl disese stndrds. 7

8 Finncil mesures Section Finncil resources of the KVS shll be drwn from the Consolidted Budget of the Kosovo Fund: for the mintennce of the KVFS; b for the implementtion of the KVFS progrmmes; nd c in coordintion with competent body, for prticiption in interntionl forums The finnces tken from the Kosovo budget for the purpose of the erdiction of diseses shll consist of: finnces nd compenstions given within the frmework of n emergency, s declred by the order of the Minister; nd b finnces to implement schemes estblished for the erdiction of prticulr diseses In the event of n outbrek of ny of the diseses listed in the First Schedule, the KVFS shll define protection nd surveillnce zones nd the owners of nimls shll receive such public finncil contribution from the KVFS for the erdiction of the disese, s the Minister my from time to time estblish, subject to the condition tht the mesures pplied consist of, t lest, the isoltion of the holding from the time of suspicion of the presence of the disese nd following officil confirmtion of the disese, nd : the KVFS orders the slughter of nimls of susceptible species which hve been ffected or contminted or suspected of hving been ffected or contminted, nd their destruction; b the KVFS orders the destruction of contminted feeding stuffs nd contminted equipment, in the cse where the contminted items cnnot be disinfected in ccordnce with section 9.3 (c) nd c the KVFS orders the clening, disinfection, disinsection nd dertistion of the holdings nd of the equipment on the holdings The owners of nimls shll be entitled to receive public finncil contribution only where the mesures defined by the KVFS to prevent the risk of the spred of infection re respected, nd where the witing period estblished by the KVFS to be observed fter the slughter nd before the re-stocking of the holding is complied with The public finncil contribution my, if pproprite, be divided into trnches. The contribution, which must be dequte nd given without dely, will be limited to : the reimbursement of the direct costs incurred by the owners in the slughter, destruction of nimls nd, where pproprite, their products, for the clening, disinsectistion, dertistion nd disinfection of holdings nd equipment, nd for the destruction of the contminted feeding stuffs nd contminted equipment referred to in section 9.3 (b) or b free veterinry services nd vccines where the KVFS hve ordered tht nimls, or certin types or species of nimls, re to be vccinted. 8

9 9.6. The provisions of sections 9.3, 9.4 nd 9.5 shll pply, notwithstnding the existence of ny erdiction progrmme, in ccordnce with the provisions of section The Minister my by Administrtive Instruction chnge the list of diseses listed in the First nd Second Schedules, by dding ny disese which is likely to constitute dnger to public or niml helth in Kosovo nd removing those diseses tht re not relevnt to public or niml helth in Kosovo. Finncil contribution to Kosovo-wide scheme Section Subject to the provisions of this Lw, the CEO my set up Kosovo-wide schemes for the prevention, control nd erdiction of diseses listed in the Second Schedule The Minister my, with the concurrence of the Minister responsible for finnce, prescribe Administrtive Instruction to bring into effect the provisions of this section, in prticulr regrding : the diseses which re to be subject to Kosovo-wide scheme of prevention, control or erdiction; b the conditions under which the owners of nimls my obtin public finncil contribution from the KVFS for the erdiction of these diseses; nd c the public finncil contribution nd other services provided by the KVFS within the frmework of the scheme. Notifiction of diseses Section The KVFS shll, within twenty-four hours of ech such occurrence, notify other countries, s pproprite nd the Office Interntionl des Epizooties (OIE), regrding: the primry or secondry outbrek in Kosovo, of ny of the diseses listed in the First Schedule nd the following findings bsed on the interntionl niml helth code; nd b the removl, fter the erdiction of the lst cse in n outbrek, of restrictions imposed in reltion to the outbrek of the disese Without prejudice to the provisions of section 11.1, the CEO shll notify other countries, s pproprite t lest on the first working dy of ech week, the secondry outbreks of ny of the diseses listed in the First Schedule nd confirmed to be in existence in Kosovo The notifictions referred to in sections 11.1 nd 11.2 shll be communicted in such mnner s my be determined by the CEO. 9

10 Identifiction nd registrtion of livestock Section The Minister my prescribe rules under this Lw estblishing systems for the identifiction nd registrtion of livestock The KVFS shll formulte, pprove nd mintin system of registrtion nd recording of the movement of livestock, niml products nd products of niml origin. Identifiction nd registrtion of dogs nd cts Section 13 In ccordnce with the procedures set out by the Minister, Municipl Authorities shll undertke:. the registrtion of dogs; b. yerly vccintion ginst rbies nd de-worming ginst Echinococcus; c. the ctching of stry dogs nd cts nd, if necessry, their euthnsi; d. the removl nd sfe disposl of crcsses referred to in point (c); e. the setting up of welfre kennels nd ctteries, if needed. Movements of live nimls, niml products nd germinl products. Section The Minister my prescribe Administrtive Instructions mde under this Lw concerning the helth conditions nd certifiction requirements to be observed in reltion to the movement of live nimls, niml products nd germinl products The KVFS shll formulte, pprove nd mintin system of registrtion, recording nd movement of live nimls, niml products nd germinl products. Import conditions relting to live nimls product of niml origin nd germinl products. Section The Minister my prescribe Administrtive Instruction mde under this Lw concerning the conditions, nd prticulrly helth conditions nd putting in qurntine, under which live nimls, product of niml origin nd germinl products my be imported from other countries The CEO shll send for publiction in the Officil Gzette:. list of countries from which live nimls product of niml origin nd germinl products re uthorized for import into Kosovo; b. list of collection centres, pproved bodies, institutes or centres, uthorized to import live nimls nd germinl products into Kosovo; 10

11 c. model certificte, relting to the different kinds of live nimls product of niml origin nd germinl products subject to import into Kosovo; d. list of estblishments outside Kosovo tht re uthorized to export their products of niml origin into Kosovo; For import of live nimls product of niml origin nd germinl products, veterinry helth certificte pproved by the exporting country shll be required The Minister, on the dvice of the CEO, my prescribe Administrtive Instructions for the estblishment of vehicle disinfection points t border inspection posts nd t other centres, nd for the disinfection, dezinsection nd ntiprsitic tretment of nimls imported, moved within Kosovo, or for export. Production, processing nd plcing on the mrket of nimls nd products of niml origin Section The Minister my prescribe Administrtive Instruction mde under this Lw concerning the production, processing nd plcing on the mrket of nimls nd products of niml origin The CEO shll send for publiction in the Officil Gzette the list of pproved mrkets for nimls nd estblishments pproved for processing nd plcing on the mrket products of niml origin. Export conditions relting to live nimls, products of niml origin nd germinl products Section The Minister my prescribe Administrtive Instructions mde under this Lw concerning the helth conditions, under which live nimls, products of niml origin nd germinl products my be exported to other countries The CEO shll send for publiction in the Officil Gzette :. list of collection centres, pproved bodies, institutes or centres, uthorized to export live nimls, products of niml origin nd germinl products out of Kosovo; b. model certificte, relting to the different kinds of live nimls, products of niml origin nd germinl products subject to exporttion out of Kosovo For the export out of Kosovo of live nimls nd products of niml origin, veterinry helth certificte pproved by the KVFS shll be required. 11

12 Prohibition of use of certin substnces Section 18 The Minister my prescribe Administrtive Instruction mde under this Lw :. concerning the prohibition of the use, in stock frming, of substnces which hve hormonl or thyreosttic ction nd of bet gonists nd bovine somtotrophin, nd of other substnces which my be injurious to public helth; nd b. concerning the mesures to be tken to monitor substnces nd residues thereof in live nimls nd products of niml origin; c. concerning the mesures to be tken for the disposl nd processing of niml wste nd pthogens, for their plcing on the mrket, nd for the prevention of pthogens in feeding stuffs of niml or fish origin. Veterinry inspections relting to live nimls nd products of niml origin Section The Minister in consulttion with relevnt Municipl Directortes my prescribe Administrtive Instruction mde under this Lw for:. concerning the veterinry inspections to be crried out on live nimls, germinl products, niml wste, pthogens nd products of niml origin, which re intended for trde nd which re subject to trde; b. the mesures to be tken during n inspection crried out t the plce of origin nd of destintion of consignment or during trnsporttion. Costs relting to the mesures prescribed in rticle 19/b shll be borne by the consignor or his representtive or by the person responsible for the nimls or products of niml origin; c. the mesures to be tken in the cse where the KVFS estblishes the presence of pthogen referred to in the First Schedule, zoonosis, other disese, or ny cuse likely to constitute serious hzrd to nimls or public helth; d. the certifiction to be estblished for the purposes of veterinry inspections nd control of live nimls nd niml products nd prescribe rules on fees to be pid with regrd to ny inspectorte ctivity In the cses referred to in sections 19/1 nd b the CEO my order tht immedite emergency mesures be tken, nd shll estblish direct contcts with the persons, orgniztions or dministrtions concerned in Kosovo or brod. 12

13 Import of live nimls nd products of niml origin Section The KVFS shll not uthorize the relese, for free circultion in Kosovo, of live nimls or products of niml origin, including biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, imported into Kosovo, unless it is stisfied tht the requirements lid down in this section hve been complied with The Minister my prescribe Administrtive Instruction mde under this Lw on the ction to be tken following the inspection of live nimls nd products of niml origin The CEO my order tht immedite emergency mesures be tken, nd shll estblish direct contct with the persons, orgniztions or dministrtions concerned in Kosovo or brod where :. in the exporting country, ny of the diseses listed in the First Schedule, zoonosis or other disese, or ny other circumstnce cpble of presenting serious thret to niml or public helth, mnifests itself or spreds; b. ny other serious niml helth or public helth reson so wrrnts, in the light of findings of the veterinry experts of the exporting country or on the bsis of the inspections crried out t border inspection post of such exporting country; nd c. ny one of the inspections provided for in this section indictes tht ny consignment of live nimls or products of niml origin, including biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, is likely to constitute dnger to niml or humn helth Costs relting to the mesures prescribed in section 20.3 shll be borne by the consignor or his representtive or by the person responsible for the nimls or products of niml origin The Minister my prescribe Administrtive Instruction for the pprovl of border inspection posts situte in Kosovo, nd for the suspension, for resons relted to public or niml helth, of the sid border inspection posts. Reltions with other countries in the veterinry field Section 21 The Minister my, with the concurrence of the competent body, prescribe rules or regultions mde under this Lw regrding the ssistnce nd co-opertion which the KVFS re to provide to other countries so s to ensure the proper ppliction of veterinry rules, the prevention nd detection of infringements of such rules nd the detection of ny ctivity which is or my be contrry thereto. 13

14 Animl Feeding Stuffs Section KVFS shll ensure the expertise for the competent uthorities on protection of public nd niml helth referring to niml feed on the following issues:. the dditives which my be incorported in feeding stuffs, the use of certin products nd the prohibition of undesired substnces nd products used in niml nutrition; b. the methods of smpling nd nlysis of feeding stuffs nd the ssessment of products nd dditives used in niml nutrition; c. the inspections to be crried out on feeding stuffs imported from other countries; d. the conditions governing the use of medicted feeding stuffs; e. the fees pyble in connection with ny service provided by the KVFS in the niml nutrition sector; f. notifiction, to be served upon the livestock deprtment of MAFRD, where ny irregulrities re verified by the KVFS; The Minister my require niml feeding stuffs not complying with this section to be withdrwn, destroyed, reprocessed or re exported nd tht nimls hving consumed ny of the feed re prohibited from being slughtered for humn consumption for determined period. Additives Section 23 After consulting the relevnt technicl bodies, the Minister my mke Administrtive Instruction on the use of dditives tht my be incorported in feeding stuffs nd the use nd mrketing of enzymes nd micro-orgnisms for the purposes of niml nutrition nd my prohibit the use of certin undesirble substnces used in niml nutrition. Veterinry Medicinl Products Section 24 Within the scope of this Lw, the requirements in the field of veterinry medicinl products shll include :. requirements for the mrketing of veterinry medicinl products; b. the estblishment of the nlyticl, phrmcotoxicologicl nd clinicl stndrds nd protocols for the testing of veterinry medicinl products; c. the procedures to be observed for the uthoriztion nd supervision of the production, distribution nd use of veterinry medicinl products; nd d. the fees to be levied for the uthoriztion nd supervision of veterinry medicinl products. 14

15 Section 25 The Minister my, prescribe Administrtive Instruction mde under this Lw for:. the mrketing of veterinry medicinl products; b. the nlyticl, the phrmco-toxicologicl nd the clinicl stndrds, nd the protocols for the testing of veterinry medicinl products; c. the uthoriztion for, nd the supervision of veterinry medicinl products listed in the Third Schedule. Fees Section 26 The Minister my, with the concurrence of the Minister responsible for finnce, prescribe Administrtive Instruction on the fees to be chrged for services rendered by the KVFS under the provisions of this Lw. Obligtions of persons in the field of veterinry ctivities Section 27 The owner, the keeper, the deler or the importer, the consignee, the crrier, the seller or ny other person uthorized under the provisions of this Lw to dispose of live nimls, products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs or veterinry medicinl products, or the representtive of such persons, or ny person in chrge of privte veterinry ctivity subject to the provisions of this Lw shll:. declre his ctivity to the KVFS nd other competent bodies, in ccordnce with the provisions of this Lw; b. provide the necessry coopertion nd ssistnce to the officers of the KVFS, the officil veterinrin or his uthorized stff, in the performnce of ny public veterinry ctivity, such persons shll: i llow the execution of the veterinry inspections, exmintions or inspections of live nimls, products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs nd veterinry medicinl products; ii restrin nd trnsport nimls in ccordnce with the provisions of this Lw relting to identifiction controls, exmintion of nimls, preventive vccintions nd erdiction of diseses; iii collect, trnsport nd show products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, feeding stuffs nd veterinry medicinl products in ccordnce with the provisions of this Lw relting to controls or inspections of such products, feeding stuffs nd veterinry medicinl products; 15

16 iv llow ccess to the KVUS t ny time, s the cse my require, to plces where live nimls, products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs or veterinry medicinl products re kept or trnsported; nd v ssist the officers of the KVFS in ny tretment tht they my deem necessry to be crried out on products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs or veterinry medicinl products. c. observe ny obligtion imposed under this Lw relting to contgious diseses, nd implement the rules relting thereto, such persons shll : i ii co-operte nd ssist in the control of infectious or contgious diseses, nd in the declrtion nd notifiction to the KVFS of ny suspicion of ny of the contgious diseses listed in the First Schedule; observe the obligtions imposed by the KVFS in the cse of suspected outbrek of ny of the diseses listed in the First Schedule, including ny obligtion concerning the restriction of movement of nimls nd humns, the slughtering of nimls, the destruction of niml products, feeding stuffs nd equipment, nd the clening nd disinfection of premises, mteril nd equipment; iii identify nd register nimls, nd declre the movements of nimls for which they re responsible; iv keep individul registers for ech holding for which they re responsible; v observe the helth conditions in connection with the movements of live nimls nd germinl products; vi produce, t the request of ny officer of the KVFS, the necessry certifictes or documents; vii declre nd notify the KVFS of ny suspected outbrek of ny contgious diseses listed in the Second Schedule which re subject to Kosovo progrmme of erdiction; viii observe the obligtions imposed by the KVFS with regrd to suspected outbrek of the diseses listed in the Second Schedule nd subject to Kosovo progrmme of erdiction, including obligtions concerning the restriction of movement of nimls, the slughtering of nimls, the destruction of niml products, feeding stuffs nd equipment, nd the clening nd disinfection of premises, relevnt mterils nd equipment; d. comply with the conditions relting to the import of live nimls, germinl products nd products of niml origin, nd provide foreign opertors with the pproprite models of certifictes, relting to the different kinds of live nimls, germinl products nd products of niml origin, to be used; 16

17 e. produce, t the request of the officers of the KVFS, the necessry certifictes or documents; f. notify the KVFS of ny suspicion of zoonosis, intoxiction or other disese or ny other phenomenon or circumstnce cpble of presenting serious thret to niml or public helth; g. bide by the suspension or the withdrwl, by the officers of the KVFS, of ny uthoriztions or officil pprovl, following the results of inspections crried out by such officers, or following the use or mnufcture of unuthorized substnces or products by such person; h. observe the obligtions, imposed by the KVFS, relting to restriction of trde on products declred unfit for humn consumption, or unuthorized substnces or products, or relting to the destruction of products of niml origin tht present serious thret to niml or public helth; i. observe the niml helth mesures for the production nd plcing on the mrket of live nimls nd products of niml origin, nd produce, t the request of the officers of the KVFS, the necessry certifictes or documents; j. observe ny withdrwl period, s my be ordered under the provisions of this Lw; k. ssist the KVFS in the monitoring of substnces, nd residues thereof, in live nimls nd products of niml origin s my be required by the provisions of this Lw; l. py the relevnt fees for the inspections nd controls referred to in this section, or in ny Administrtive Instruction s my be prescribed thereunder; nd m. generlly ssist nd co-operte with the KVFS in their ctivities, designed to void or control the outbrek of diseses mongst nimls. Monitoring of certin substnces, niml wste nd pthogens. Section 28 The owner, the keeper, the deler or the importer, the consignee, the crrier, the seller or ny other person uthorized under the provisions of this Lw to dispose of live nimls, products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs or veterinry medicinl products, or the representtive of such persons, or ny person in chrge of privte veterinry ctivity subject to the provisions of this Lw shll:. ssist the KVFS in the monitoring of such substnces nd the residues thereof, s my be provided by or under this Lw, in live nimls nd products of niml origin; b. plce on the mrket only nimls to which no unuthorized substnces or products hve been dministered or which hve not undergone ny illegl tretment contrry to the provisions of this Lw; c. not plce in holding or on the mrket or for slughter nimls which hve been treted with veterinry medicinl products, unless the relevnt withdrwl period hs been observed before the nimls re so plced or slughtered; 17

18 d. refuse, whether by direct delivery or through n intermediry, ny nimls for which the producer is not ble to gurntee tht the withdrwl periods hve been observed; e. plce under officil control, when requested to do so by n officer of the veterinry services, ny unuthorized substnces or products, until pproprite mesures re tken by the KVFS; f. comply with ll orders for the suspension or withdrwl of ny uthoriztion or pprovl previously given by the KVFS; g. comply with ll orders restricting or prohibiting trde in products declred unfit for humn or niml consumption, or ordering the destruction of products of niml origin tht present serious thret to nimls or public helth; h. py the relevnt fees for the inspections nd controls referred to in this section, or in ny rules s my be prescribed; nd i. generlly ssist nd co-operte with the KVFS in their ctivities,, designed to void or control outbreks of diseses mongst nimls. Obligtions relting to trde nd imports Section 29 The owner, the keeper, the deler or the importer, the consignee, the crrier, the seller or ny other person uthorized under the provisions of this Lw to dispose of live nimls, products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs or veterinry medicinl products, or the representtive of such persons, or ny person in chrge of privte veterinry ctivity subject to the provisions of this Lw shll :. plce on the mrket only those nimls which hve been correctly identified, nd which re not subject to ny restriction of movement becuse of the suspicion, outbrek or existence of disese referred to in the First Schedule or becuse of the ppliction of sfegurd mesures; b. not plce in holding or on the mrket ny niml, unless gurnteed s being free from one or more of the diseses listed in the Second Schedule, ccording to the provisions of this Lw; c. not ccept, whether by direct delivery or through n intermediry, ny nimls which hve not been correctly identified, nd for which the producer is not ble to gurntee tht the niml is not subject to ny restriction of movement becuse of the suspicion, outbrek or existence of disese referred to in the First Schedule or becuse of the ppliction of sfegurd mesures; d. not ccept in holding, centre or orgniztion, or on the mrket, recognized s being free from one or more of the diseses listed in the Second Schedule, ny niml which is not covered by gurntees, required by the provisions of this Lw, to show tht such niml is free from ny of those diseses; 18

19 e. ensure tht ll nimls intended for trde or slughter meet the helth requirements specified in this section or in ny Administrtive Instruction mde thereunder; f. before the consignment is divided up or subsequently mrketed, check tht the identifiction mrks, certifictes or documents re present, nd notify the KVFS of ny irregulrity or nomly nd, in the ltter cse, isolte the nimls in question until the KVFS hs tken decision regrding the sid irregulrity or nomly; g. report in dvnce the rrivl of nimls nd germinl products from other countries nd, in prticulr, the nture of the consignment nd the nticipted rrivl dte; h. keep for period of not less thn six months, nd not more thn five yers, s my be specified by the KVFS, the helth certifictes or documents relting to the provisions of this lw, for presenttion to the KVFS, should the ltter so request; i. ensure tht products of niml origin intended for trde hve been obtined, checked, mrked nd lbelled in ccordnce with the provisions of this Lw, nd re ccompnied to the finl consignee by helth certificte, niml helth certificte or by ny other document s my be required; j. ensure tht products of niml origin intended for trde stisfy the requirements of the provisions of this Lw nd of ny Administrtive Instruction mde thereunder; k. ensure tht products of niml origin intended for trde comply with ll the requirements in veterinry mtters t ll phses of the production, storge, mrketing nd trnsport of such products; l. ensure tht stndrd tests re crried out on products to which this Lw pplies, whether the products re intended for export or for the Kosovo mrket; m. plce under officil control, when requested to do so by the KVFS, ny nimls or products of niml origin, until pproprite mesures re tken by the KVFS; n. produce, t the request of the KVFS, the necessry certifictes or documents where veterinry inspections relting to the import, of live nimls nd products of niml origin, re held; o. give sufficient prior notice to the veterinry inspection of the border inspection post, where the nimls re to be presented, specifying the number, type nd estimted time of rrivl of the nimls; p. convey the nimls under officil supervision to the inspection site or, where pplicble, to qurntine centre, s my be directed by the KVFS; q. forwrd dvnce informtion to the KVFS, by duly completing, where pplicble, ny certificte or document delivered by the inspection service, or by providing detiled description, in writing or in computerized form, of ny consignment of products of niml origin, including the biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements; 19

20 r. py the relevnt fees for the inspections nd controls referred to in this section, or in ny rules s my be prescribed thereunder; s. generlly ssist nd co-operte with the KVFS in ny ctivities, ordered by the KVFS, relted to trding of niml nd niml products, nd investigtions crried out t border inspection posts; nd t. undertke ny tretments or disinfections of nimls tht my be required by the KVFS. Obligtions relting to niml feeding stuffs nd veterinry medicinl products Section 30 The owner, the keeper, the deler or the importer, the consignee, the crrier, the seller or ny other person uthorized under the provisions of this Lw to dispose of live nimls, products of niml origin, biologicl products, semen, cells nd embryos, by-products nd plnt products subject to veterinry requirements, niml feeding stuffs or veterinry medicinl products, or the representtive of such persons, or ny person in chrge of privte veterinry ctivity subject to the provisions of this Lw shll:. obtin ll relevnt uthoriztion from the KVFS prior to the plcing on the mrket of veterinry medicinl products; b. provide, t the demnd of the KVS, ny studies, results or informtion relting to the niml feeding stuffs or veterinry medicinl products; c. comply with ny order restricting or prohibiting trde in veterinry medicinl products, or ordering the destruction of feeding stuffs or veterinry medicinl products tht present serious thret to niml or public helth; d. py the relevnt fees for the inspections nd controls referred to under this section or in ny Administrtive Instruction s my be prescribed thereunder; nd e. ssist nd co-operte with the veterinry services in ny ctivities, ordered by the KVFS relted to trding of niml nd niml products, nd investigtions crried out t border inspection posts. Professionl Veterinry Activities The Veterinrins Order. Section 31 Kosovo veterinrins will estblish n Order, to be clled the Veterinrins Order, (hereinfter referred to s ''the Order''), which shll exercise nd perform the functions ssigned to it by this Lw, Administrtive Instruction issued by the Minister, nd sttute of Veterinrins Order. 20

21 Professionl veterinry ctivities Section Professionl veterinry ctivities shll comprise both public nd privte veterinry ctivities No person shll prctice s veterinrin unless: he holds license to prctice issued by the Ministry; nd b his nme is registered in the Veterinrins Register Licenses shll only be grnted to n pplicnt who: is grdute in veterinry medicine nd surgery nd is in possession of degree or forml qulifiction The Minister, on the dvice of the Order, my license veterinry technicins to undertke minor niml tretments nd procedures, such s rtificil insemintion, lwys under the direct, or indirect supervision of veterinrin who shll be member of the Order. The Minister shll mke Administrtive Instruction regrding the work tht the licensed veterinry technicins my undertke. Privte veterinry ctivities Section The Minister my, fter consulttion with the KVFS, prescribe Administrtive Instruction of veterinrins exercising privte veterinry ctivities, the definition of privte veterinry ctivities, nd the execution of privte veterinry ctivities A prctising privte veterinrin hs the following rights: upon n greement with the niml owner or the employer thereof, to receive remunertion or slry for the veterinry medicl cre rendered to the niml; b to sell such drugs to the niml owner s re necessry for the tretment of the niml; c to write prescription to the niml owner for the purchse of drugs nd veterinry medicl products in phrmcies; d to purchse drugs nd veterinry medicl products in phrmceuticl entities for the purposes of veterinry medicl prctice; nd e to refuse the performnce of veterinry medicl cre if the relevnt work to be performed does not comply with the requisite professionl qulifictions of veterinrin or is contrry to the provisions of this Lw or other provisions under ny legisltive enctments on veterinry medicine nd or the ethics of veterinry work s well s in cses where the niml owner does not ensure sfe working conditions for the helth nd life of the veterinrin pursunt to the provisions of this Lw or ny rules mde thereunder Licensed veterinry technicins my receive pyment from the owners of the nimls for the services they provide under supervision by veterinrin. 21

22 Public veterinry ctivities Section The Minister my prescribe rules on the ppointment of veterinrins in chrge of public veterinry ctivities within the KVFS, nd the execution of public veterinry ctivities A prctising veterinrin hs the following rights: to enter into greements with the KVS on tking of the mesures specified in the preventive nd monitoring progrmmes for infectious niml diseses, provided tht the remunertion for such services shll be determined by the Minister in consulttion with the CEO; b To enter into greements with the KVFS, on competitive bsis, on the performnce of services requiring veterinry expertise Licensed veterinry technicins my receive pyment through the KVFS for pproved services they my render, supervised by licensed veterinrin. They my be required to submit reports of their ctivities nd their observtions of diseses of nimls to the CEO on regulr bsis nd ccording to prescribed formt. Brech of obligtions Section When it is scertined tht veterinrin or licensed veterinry technicin hs not fulfilled ny obligtion or condition determined under this Lw, or hs broken ny provision of the pplicble Lw, the KVFS my suspend or cncel the registrtion of the veterinrin or licensed veterinry technicin from the Veterinrins Register A veterinrin, or licensed veterinry technicin my ppel to the Minister ginst cncelltion or suspension of their registrtion. Veterinry Inspection Section Estblishments where niml helth nd sfety of food of niml origin control is required will be undertken by the ministry veterinry inspectors,in ccordnce with their competence. They will hve the following rights: to visit, without previous notice, objects under public veterinry supervision, request documents nd informtion, tke smples for lbortory investigtion in ccordnce with KVFS monitoring progrmmes nd if there is suspicion tht nimls my hve become ill with infectious niml diseses monitored by the KVS nd suspicion or complints regrding violtions of lws nd bylws; b to suspend or temporry prohibit the ctivity of the entities under KVFS veterinry supervision, orgniztion of niml competitions, mrkets, uctions, exhibitions nd other events, if there is suspicion tht nimls my hve become 22

23 ill with n infectious disese, nd if there is dnger to humn or niml helth, s well s in cses when requirements of the lw hve been violted; c in cses of violtions, to pursue denuncition note upon persons in ccordnce with procedures set out in regultory enctments; d if necessry, cn sk for ssistnce from the police nd other lw enforcement institutions, in order to ensure fulfillment of their tsks; nd e to suspend sle of products of niml origin, if it presents risk to humn or niml helth, s well s control liquidtion or utiliztion of the relevnt products Veterinry inspectors my not: prticipte, in the economic ctivity of the entities subject to control; nd b perform veterinry work, including veterinry expertise, the results of which must be controlled by them Veterinry inspectors shll be responsible for the complince of the orders issued, decisions tken nd ctions performed, with the requirements of regultory enctments Orders nd decisions of veterinry inspectors my be ppeled to minister. Appellnt, not stisfied with decisions minister my initite court procedure Appel of orders nd decisions of veterinry inspectors shll not suspend their fulfillment. Veterinry Control on the Border Crossing nd in Customs Wrehouses Section The veterinry control on the Kosovo dministrtive border nd boundry line in customs wrehouses shll be performed by the veterinry Inspectors The competent uthority shll determine: import nd trnsit freights subject to veterinry control; b border control points through which the freights subject to veterinry control my be trnsported; c requirements for the rrngement of the border control points in which veterinry control re performed, nd the procedures for their pprovl; d disinfect preventive points; e f g procedures by which veterinry control re performed on the Stte border nd in customs wrehouses; procedures nd price-list regrding the pyment for veterinry control; nd procedures regrding issunce nd presenttion of the veterinry control certifictes of the freights crossing the border. 23