Skip to document content Skip to main menu Skip to search

Animal Identification Regulations, 2017

Government Notice 307 of 2017

Animal Identification Regulations, 2017
Citation
Government Notice 307 of 2017
Primary work
Animal Health Act, 2011
Date
23 November 2017
Language
English
Type
Government Notice
Publication
Download PDF (504.2 KB)
Related documents
Skip to document content
Coat of Arms
Animal Health Act, 2011

Animal Identification Regulations, 2017

Government Notice 307 of 2017

Under section 32 of the Animal Health Act, 2011 (Act No. 1 of 2011), I have-(a)made the regulations set out in the Schedule; and(b)repealed the Animal Identification Regulations published under Government Notice No. 29 of 5 March 2009 as amended by Government Notice No. 201 of 1 October 2009 and Government Notice No. 5 of 1 February 2001.J. MutorwaMinister of Agriculture, Water and Forestry

Part 1 – DEFINITIONS AND APPLICATION

1. Definitions

In these regulations a word or expression to which a meaning has been assigned in the Act has that meaning, and unless the context otherwise indicates-“administrator” means the administrator of the distribution of approved devices designated or appointed under regulation 16(1);“animal gathering” means an event at which animals are brought together for the purpose of marketing, health events, fairs, exhibitions, public sales, parades or race meetings of animals or any other similar events as may be determined by Chief Veterinary Officer;“animal movement notice” means a document setting out the identification numbers or codes of a prescribed animal and which accompanies a movement permit when an individually identified prescribed animal is moved from one registered establishment to any other place;“approved device” means a mark, tag, transponder or any other indicator approved by the Chief Veterinary Officer under section 27(1) of the Act attached to a prescribed animal for purposes of ascertaining ownership, origin, location, movement history and fate of the animal;“auctioneer” means a person conducting an animal auction;“central database” means the central database established and maintained in respect of prescribed animals in terms of regulation 27(1);“endorsement of movement permit” means to fill in information required on a movement permit such as dates, signature, time, identification numbers or codes of a prescribed animal and the number of the prescribed animals moved;“herd or flock identification code” means a unique code approved by the Chief Veterinary Officer and allocated to an owner of a prescribed animal that identifies the registered establishment where the prescribed animal is kept, the owner of the prescribed animal and the stock brand allocated to the prescribed animal under the Stock Brands Act, 1995 (Act No. 24 of 1995);“individually identified prescribed animal” means a prescribed animal identified as an individually identified prescribed animal under regulation 33;“licensee” mans the holder of a licence issued under regulation 10;“licensed place” means a place licenced under regulation 9;“link” means linking the stock brand of an owner of prescribed animal to a registered establishment where the prescribed animal of the owner is kept;“manager of the central database” means the manager of the central database designated or appointed under regulation 27(2);“movement permit” means a movement permit referred to under section 25 of the Act;“prescribed animal” means an animal listed in Annexure 1 or declared as a prescribed animal under section 23(a) of Act;“stock brand” means a brand as defined in section 1 of the Stock Brands Act, 1995 (Act No. 24 of 1995);“the Act” means the Animal Health Act, 2011 (Act No. 1 of 2011); and“veterinary cordon fence” means the veterinary disease control fence separating foot and mouth disease zones of different animal health status.

2. Application of regulations

These regulations apply to prescribed animals.

Part 2 – REGISTRATION OF PLACES AS REGISTERED ESTABLISHMENTS

3. Requirements for places to be eligible for registration as registered establishments

(1)A person who holds, keeps or handles prescribed animals on a place must apply under subregulation (3) for the registration of the place as a registered establishment within a period of 90 days from the date of the commencement of these regulations.
(2)A person who holds, keeps or handles prescribed animals on two or more places must, for purposes of sub regulation (1), make an application in respect of each place.
(3)The application referred to in subregulation (1) is made-
(a)to the Chief Veterinary Officer; and
(c)on Form 1 of Annexure 2.[Please note: numbering as in original.]
(4)An application contemplated in subregulation (3) is accompanied by-
(a)a copy of title deed in respect of the place;
(b)a lease agreement and a copy of title deed of the place, if the person is leasing the place from another person;
(c)proof of the following rights granted under the Communal Land Reform Act, 2002 (Act No. 5 of 2002), if a place is situated in a communal area-
(i)customary land rights; or
(ii)rights of leasehold;
(d)proof from the Ministry responsible for land reform confirming that the person has been resettled on the place, if a person is resettled on the place under the Agricultural (Commercial) Land Reform Act, 1995 (Act No. 6 of 1995); or
(e)any other information or document as the Chief Veterinary Officer may require,
as proof of ownership of the place or as proof that the person is the lessor or has customary land rights, grazing rights, right of leasehold or is resettled on the place.
(5)The name of the place to be registered must be-
(a)approved by traditional authority of a communal land area in which the place falls;
(b)on the leasehold referred to in subregulation (4); or
(c)on the title deed referred to in subregulation (4).
(6)The Chief Veterinary Officer may instruct a veterinary official to inspect the place to be registered as a registered establishment and compile a report on the place before the place is registered as a registered establishment.
(7)The Chief Veterinary Officer may request a person making an application under subregulation (3) to provide additional information that may be necessary for recording any relevant fact concerning the holding, keeping or handling of a prescribed animal by that person.
(8)The Chief Veterinary Officer may grant or refuse the application made under subregulation (3).
(9)The Chief Veterinary Officer may impose conditions on an application granted under subregulation (8).
(10)If the Chief Veterinary Officer refuses the application under subregulation (8), the Chief Veterinary Officer must on Form 2 of Annexure 2 notify the applicant of the decision and reasons for the refusal of the application.
(11)A person who contravenes or fails to comply with subregulation (1) commits an offence and on conviction is liable to a fine not exceeding N$50 000 or imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

4. Linking owners of prescribed animals to registered establishments

(1)An owner of a prescribed animal must ensure that his or her stock brand is linked to the registered establishment where the prescribed animal is kept.
(2)An owner referred to in subregulation (1) must on Form 3 of Annexure 2 apply to a veterinary official for his or her stock brand to be linked to the registered establishment as contemplated in subregulation (1).
(3)A veterinary official may require an owner referred to in subregulation (1) to provide the veterinary official with specified information or documents for the purposes of that subregulation.

5. Restrictions on registered establishments

The Chief Veterinary Officer may impose restrictions on an owner of a registered establishment without prior notice to such owner for a period which the Chief Veterinary Officer may consider necessary under the following conditions-
(a)when the establishment is under disease investigation;
(b)when a notifiable disease is suspected on the registered establishment;
(c)when there is a violation of an act of residue control; or
(d)for any other condition that Chief Veterinary Officer may consider necessary to impose restrictions on the registered establishment.

6. Registration of places and allocation of herd or flock identification codes

(1)If an application for the registration of a place as a registered establishment under subregulation (1) of regulation 3 is granted under subregulation 8 of that regulation, the Chief Veterinary Officer must-
(a)register the place as a registered establishment and cause the relevant information in respect of that place to be recorded on the central database;
(b)notify the applicant on Form 4 of Annexure 2 that the place has been registered as a registered establishment; and
(c)allocate to the applicant a herd or flock identification code in respect of the registered establishment.
(2)The same herd or flock identification code allocated in terms of subregulation (1)(c) may not be allocated to the applicant in respect of two or more registered establishments.
(3)Subject to these regulations, a person who, before the commencement of these regulations, registered a place as a registered establishment for the purpose of holding, keeping or handling of prescribed animals may continue to use the place for that purpose.
(4)If a registered establishment is subdivided into two or more parts for any reason, the owner of the subdivided registered establishment must-
(a)on Form 5 of Annexure 2 notify the Chief Veterinary Officer of the subdivision; and
(b)apply to the Chief Veterinary Officer in accordance with regulation 3 for the registration of that subdivided place as a registered establishment and the allocation of the herd or flock identification code.
(5)If two or more registered establishments are consolidated for any reason, the owner of the consolidated registered establishment must-
(a)on Form 6 of Annexure 2 notify the Chief Veterinary Officer of the consolidation; and
(b)apply to the Chief Veterinary Officer in accordance with regulation 3 for the registration of that consolidate place as a registered establishment and the allocation of the herd or flock identification code.

7. Notification of changes

(1)A holder of a herd or flock identification code must, within the period referred to in subregulation (3), notify a veterinary official-
(a)on Form 7 of Annexure 2, if the holder ceases to hold, keep or handle prescribed animals on a registered establishment;
(b)on Form 8 of Annexure 2, if any change occurs in respect of his or her address or contact details; or
(c)on Form 9 of Annexure 2, if the holder intends to change the name of the registered establishment.
(2)For the purposes of subregulation (1)(c), the holder of a herd or flock identification code referred to in that subregulation must submit to a veterinary official-
(a)the title deed of the registered establishment where the new name appears; or
(b)letter from the Traditional Authority in case of communal area, which letter approves the new name.
(3)A notice in terms of subregulation (1) must be given within 14 days after the date on which-
(a)the holder of a herd or flock identification code ceases to hold, keep or handle a prescribed animals; or
(b)a change referred to in subregulation (1)(b) or (c) occurs.
(4)If a holder of a herd or flock identification code-
(a)dies or his or her the estate is sequestrated; or
(b)being a company or close corporation is liquidated,
the executor or trustee of the estate of the person or the liquidator of the company or close corporation must, within 28 days of being appointed, give notice in writing to the Chief Veterinary Officer notifying the Chief Veterinary Officer that the holder of the herd or flock identification code-
(i)has died;
(ii)has become insolvent; or
(iii)is liquidated.
(5)The executor, trustee or liquidator referred to in subregulation (4) must on Form 10 of Annexure 2 apply to the Chief Veterinary officer to impose restrictions on the central database in respect of the holder of herd or flock identification code referred to in subregulation (4) until the estate or assets of the holder of the herd or flock identification code are dealt with.
(6)The executor, trustee or liquidator referred to in subregulation (4) must apply on Form 11 of Annexure 2 to the Chief Veterinary Officer for the restrictions imposed in terms of subregulation (5) to be removed if the estate or assets are dealt with under that subregulation.

8. Effective date for purposes of section 27 of Act

(1)For the purposes of section 27 of Act, the obligation of an owner of a prescribed animal to identify the prescribed animal by means of an approved device must be complied with by the owner in relation to the prescribed animal kept on a registered establishment at any place on the date notified by the Minister by notice in the Gazette.
(2)Despite the repeal Animal Identification Regulations published under Government Notice No. 29 of 5 March 2009 by these regulations, the obligation imposed on the owner of-
(a)cattle by regulation 16(5);
(b)sheep and goats by regulation 17(4); and
(c)pigs by regulation 18(4),
of the repealed regulations to identify cattle, sheep, goats and pigs continue to have effect.
(3)For the purpose of the identification of prescribed animal under subregulation (1), the Chief Veterinary Officer may-
(a)by individual notice served on the owner of the prescribed animal kept on a registered establishment, require the owner; or
(b)by notice published in a manner considered appropriate by the Chief Veterinary Officer, require the owner of the prescribed animal kept on a registered establishment,
to bring the prescribed animal to a place, on such date and within such period specified in the notice for the purposes of identifying the prescribed animals.
(4)The identification of a prescribed animal referred to in subregulation (1) must be made by means of an approved device, attached or applied to the prescribed animal by the owner or under the supervision of a veterinary official.

Part 3 – ANIMAL GATHERING

9. Licensing of places for animal gathering

(1)A person may not use a place, whether registered as a registered establishment or not, for the purpose of animal gathering unless the place is licensed for that purpose by the Chief Veterinary Officer under these regulations.
(2)Subject to these regulations, a person who, before the commencement of these regulations, obtained approval from the Chief Veterinary Officer to use a place for the purposes of animal gathering may use the place for that purpose, subject to any condition granted in respect of such approval.
(3)The Chief Veterinary Officer may instruct a veterinary official to inspect a place used or intended to be used for the purposes of animal gathering and to compile a report on whether the place is suitable and provides adequate facilities for the holding of animal gathering before the place is licensed.
(4)The Chief Veterinary Officer may request a person making an application under regulation 10 to comply with certain conditions before the place is licensed.
(5)A person who contravenes or fails to comply with subregulation (1) commits and offence and on conviction is liable to a fine not exceeding N$50 000 or imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

10 Application for licence

(1)An application for a licence referred to in regulation 9(1) is made-
(a)to the Chief Veterinary Officer; and
(b)on Form 12 of Annexure 2.
(2)The Chief Veterinary Officer may require a person who has applied for a licence under subregulation (1) to provide additional information considered necessary for determining the application.
(3)The Chief Veterinary Officer may grant or refuse the application made under subregulation (1).
(4)The Chief Veterinary Officer may impose conditions to the application granted under subregulation (3).
(5)If the application is granted under subregulation (3), the Chief Veterinary Officer must issue a licence to the applicant on Form 13 of Annexure 2 and the licence must specify-
(a)the name of the licensee;
(b)the place on which an animal gathering takes place; and
(c)any conditions imposed under subregulation (4).
(6)If the application for a licence made under subregulation (1) is refused, the Chief Veterinary Officer must notify the applicant of the decision and the reason for the refusal of the application on Form 14 of Annexure 2.
(7)A licensee must give notice on Form 15 of Annexure 2 to a veterinary official of any change in respect of the address or contact details of the licensee within 28 days after the change occurs.
(8)A licensee commits an offence, if the licensee-
(a)contravenes or fails to comply with a condition of a licence imposed under subregulation (4); or
(b)fails to comply with subregulation (7),
and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
(9)If a licensee fails to comply with a condition of the licence imposed under subregulation (4), the Chief Veterinary Officer may, after giving the licensee a reasonable opportunity to make representation on the matter and within a period stated in that notice, cancel the licence by giving a 14 days cancellation notice in writing to the licensee.

11. Approval required for animal gathering

(1)A licensee may not hold or cause any other person to hold an animal gathering on the licensed place unless prior approval for the holding of the animal gathering has been obtained from a veterinary official before holding such animal gathering.
(2)An application for approval under subregulation (1) is-
(a)made to the Chief Veterinary Officer at least 10 working days before the proposed animal gathering;
(b)made on Form 16 of Annexure 2;
(c)made on an annual basis on a date determined by the Chief Veterinary Officer; and
(d)accompanied by the annual events calendar of the applicant.
(3)An application for approval contemplated in subregulation (2) in respect of an ad hoc animal gathering that are to be held on a licensed place is-
(a)made to the Chief Veterinary Officer with a motivation why the animal gathering is not part of the annual event calender referred to in subregulation (2);
(b)accompanied by recommending letter from the local veterinary official recommending whether or not the ad hoc animal gathering may be held; and
(c)submitted at least 10 working days before the proposed animal gathering.
(4)The Chief Veterinary Officer may grant or refuse the application made under subregulation (2) or (3).
(5)The Chief Veterinary Officer may impose conditions on an application granted under subregulation (4).
(6)If the Chief Veterinary Officer refuses the application under subregulation (4), the Chief Veterinary Officer must notify the applicant of the decision and the reason for the refusal on Form 16 of Annexure 2.
(7)A person who intends to hold animal gathering must on Form 17 of Annexure 2 notify the Chief Veterinary Officer of any change in respect of an events scheduled on an annual event calendar submitted in terms of subregulation (2) at least 10 working days before the day of the event.
(8)A person who contravenes or fails to comply with sub regulation (1) commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

12. Animal gathering at informal markets

(1)A veterinary official must ensure that any place intended to be used or is used as an informal market for animal gathering is licensed in terms of regulation 9 in order to control animal diseases or for traceability purposes.
(2)A place referred to in subregulation (1) must be inspected by a veterinary official on a regular basis and he or she may impose conditions to such place.
(3)An owner of a place referred to in subregulation (1) or the organiser of an animal gathering to be held at the place must ensure that there is a person in charge of the place for purposes of coordinating daily activities, including maintenance of required registers.
(4)An owner of a prescribed animal who moves a prescribed animal to and from such market place must obtain a movement permit.

13. Prohibition or restrictions on animal gathering

(1)If a veterinary official considers it necessary for the purposes of animal disease control or animal welfare, the veterinary official, subject to the direction of the Chief Veterinary Officer, may by notice in writing to a licensee-
(a)prohibit the licensee from holding of animal gathering on the licensed place; or
(b)impose restrictions on the holding of animal gathering on the licensed place.
(2)A prohibition or restriction imposed under subregulation (1) has effect-
(a)for the period specified in the notice; or
(b)if a period is not specified, until the prohibition or restriction is withdrawn by a veterinary official by notice in writing to the licensee
(3)A person who contravenes or fails to comply with a prohibition or restriction imposed under subregulation (1) commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

14. Registration of auctioneers on central database

(1)An auctioneer who intends to conduct animal gathering on a licensed place must on Form 18 of Annexure 2 apply to the Chief Veterinary Officer to be registered on the central database.
(2)The Chief Veterinary Officer may request an auctioneer making an application under subregulation (1) to provide the Chief Veterinary Officer with information that the Chief Veterinary Officer may require for purposes of registration.
(3)The Chief Veterinary Officer may grant or refuse the application made under subregulation (1).
(4)The Chief Veterinary Officer may impose conditions to an application granted under subregulation (3) which the Chief Veterinary Officer considers necessary.
(5)If an application referred to in subregulation (1) is refused under subregulation (3), the Chief Veterinary Officer must in writing inform the applicant of the decision and the reason for the refusal.

Part 4 – ANIMAL IDENTIFICATION

15. Approved method of identification of prescribed animals

(1)For the purposes of identifying prescribed animals under these regulations, only a mark, tag, transponder or any other device-
(a)capable of being used for the identification of prescribed animals and for providing information about the ownership, origin, location, movement history and fate of the prescribed animal; and
(b)approved by the Chief Veterinary Officer,
may be used.
(2)The Chief Veterinary Officer may only approve a tag, mark, transponder or other device referred to under subregulation (1), if it is of a quality and design that-
(a)is capable of bearing a unique identification number or code allocated in accordance with the numbering system approved by the Chief Veterinary Officer;
(b)can secure the information contained in or on it and that cannot be altered or tampered with;
(c)make it difficult to counterfeit and incapable of being re-used;
(d)allows the unique identification number or code placed in or on it to be easily and reliably readable, either visually or electronically;
(e)can effectively be retained by the prescribed animal to which it is applied or attached; and
(f)is not harmfill to the prescribed animal to which it is applied or attached.
(3)A person who proposes to manufacture or conduct business as a distributor of a mark, tag, transponder or device intended to be offered or sold for the purpose of identification of prescribed animals under these regulations must apply for the device to be approved by the Chief Veterinary Officer.
(4)An application referred to in subregulation (3) is made-
(a)to the Chief Veterinary Officer; and
(b)on Form 19 of Annexure 2.
(5)The Chief Veterinary Officer may by notice to a person referred to in subregulation (3) require the person to give, within a period stated in the notice, specified information and samples of the devices to allow the Chief Veterinary Of ficer to evaluate the application.
(6)The Chief Veterinary Officer may grant or refuse the application made under subregulation (3).
(7)The Chief Veterinary Officer may impose conditions on an application granted under subregulation (6).
(8)If the Chief Veterinary Officer refuses the application made under subregulation (3), the Chief Veterinary Officer must notify the applicant of the decision and the reasons for the refusal on Form 19 of Annexure 2.
(9)A person who sells, offers or displays for sale any mark, tag, transponder or other device for official animal identification that is not approved by the Chief Veterinary Officer under these regulations commits an offence and on conviction is liable to a fine not exceeding N$100 000 or imprisonment for a term not exceeding five years or to both such fine and such imprisonment.

16. Administrator of distribution of approved devices

(1)The Minister, on recommendation of the Chief Veterinary Officer, may-
(a)designate a person in the employment of the State; or
(b)by agreement with a person, body or organisation, appoint that person, body or organisation,
to be the administrator of the distribution of the approved devices for the purposes of these regulations.
(2)The administrator is responsible for-
(a)managing and maintaining a computerised central system for allocating approved devices;
(b)the issuing of approved devices; and
(c)the distribution of approved devices.
(3)The administrator must allocate the identification numbers or codes of approved devices-
(a)in accordance with the structure determined by the Chief Veterinary Officer; and
(b)by using a computerised database approved by the Chief Veterinary Officer.
(4)For the purposes of allocating identification numbers or codes of approved devices and other services rendered, the administrator appointed under subregulation (l)(b) may charge owners of prescribed animals such fees as may be determined and specified by the administrator with the approval of the Minister.

17. Requirements in respect of approved ear tags

(1)An ear tag approved by the Chief Veterinary Officer as an approved device must-
(a)be of durable material;
(b)consist of a male and a female component;
(c)bear only indelible imprinted characters; and
(d)be tested and certified for use as an official animal identification ear tag in the manner determined by the Chief Veterinary Officer.
(2)An ear tag approved by the Chief Veterinary Officer under subregulation (1) must contain on each component characters forming the unique animal identification number or code as determined by the Chief Veterinary Officer that establishes the-
(a)origin of the prescribed animal to which it is attached; or
(b)individual or group identity of the prescribed animal.
(3)Both components of the ear tag referred to in subregulation (2) must bear the official logo as determined by the Chief Veterinary Officer.
(4)A person may add or cause the manufacturer or distributor of approved ear tags to add supplementary information to an ear tag or replacement ear tag to be used by the person, if the-
(a)supplementary information is distinct from the official identification number or code; and
(c)identification number or code remains legible and clearly distinguishable at all times.[Please note: numbering as in original.]

18. Obligations with regard to supply or use of approved devices

(1)A manufacturer or agent of an approved device-
(a)must obtain an approval from the Chief Veterinary Officer before supplying an approved device to the administrator;
(b)may not supply an approved device unless it bears a unique identification number or code approved and communicated to the manufacturer or agent by the administrator; and
(c)must, if required by the Chief Veterinary Officer, ensure that each approved device supplied is accompanied by additional requirements as the Chief Veterinary Officer may require.
(2)The manufacturer or agent when supplying approved devices must provide the following information to the administrator-
(a)the date on which the approved device has been supplied to the administrator;
(b)the unique identification number or code allocated in respect of each approved device supplied; and
(c)the number of approved devices supplied.
(3)Subject to section 28 of the Act, a veterinary official may enter, search and inspect the premises of the administrator to ensure compliance with this regulation.

19. Application for acquisition of approved devices

(1)An administrator may not supply an owner of a prescribed animal with an approved device, unless such owner has made an application on Form 20 of Annexure 2 to acquire such approved device.
(2)The administrator may not supply the owner of the prescribed animal referred to in subregulation (1) with approved devices which are more than the number of prescribed animals registered under the name of such owner in the central database, unless such number of approved devices is approved in writing by the Chief Veterinary Officer.
(3)If an approval is granted under subregulation (2), the administrator may not supply the owner of the prescribed animal with any other additional approved devices unless the Chief Veterinary Officer has verified that all other approved devices which has been supplied to the owner under that subregulation have been used by that owner and have been registered in the central database against the name of such owner before the additional approved devices are supplied to the owner.
(4)Immediately after supplying an owner of prescribed animal with an approved device, the administrator must notify the manager of the central database of the details of approved device and the identification numbers or codes supplied to the owner of the prescribed animal.
(5)A person may not use an approved device supplied in accordance with subregulation (1) to identify a prescribed animal which is not owned by the person.
(6)An owner of prescribed animal may not sell, lease or transfer ownership of approved device to another person if such approved device is linked to the name of the owner.
(7)Despite subregulation (6), a veterinary official may authorise transfer of approved devices to another person in a manner determined by the Chief Veterinary Officer.
(8)A person who contravenes or fails to comply with subregulations (1), (2), (3), (4), (5) or (6) commits an offence and on conviction is liable to a fine not exceeding N$50 000 or imprisonment for a term not exceeding three years, or to both such fine and such imprisonment.

20. Identification of cattle

(1)An owner of cattle must ensure that each cattle is identified by means of an approved device attached or applied to the cattle as contemplated in subregulation (2).
(2)If an approved ear tag is used, the cattle must be tagged by means of-
(a)a primary ear tag applied to the left ear; and
(b)a secondary ear tag applied to the right ear,
to ensure that identification of the cattle is possible if one ear tag is lost.
(3)If the primary ear tag referred to in subregulation (2)(a) is lost, the owner of the cattle must replace both the primary and secondary ear tags and complete an ear tag replacement on Form 21 of Annexure 2 and notify the manager of the central database within 14 days of the date of the replacement of the ear tags.
(4)If the secondary ear tag referred to in subregulation (2)(b) is lost, the owner of the cattle must replace it with another approved ear tag of the same colour and the same number.
(5)The obligation to identify cattle by means of an approved device must be complied with, in relation to calves born into the herd of an owner-
(a)not later than six months after the date of birth; or
(b)before a calf leaves the place where it is born,
whichever comes first.
(6)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

21. Identification of sheep, goats and pigs

(1)An owner of sheep, goat or pig must ensure that sheep, goat or pig is identified by means of an approved device attached or applied to the sheep, goat or pig in a manner determined by the Chief Veterinary Officer.
(2)The obligation to identify sheep, goat or pig by means of an approved device must be complied with in relation to a lamb, kid and piglet born into the flock or herd of an owner of such sheep, goat or pig-
(a)not later than three months after the date of birth; or
(b)before a lamb, kid and piglet leaves the place where it is born,
whichever comes first.
(3)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

22. Identification of imported prescribed animals

(1)For the purposes of this regulation, a prescribed animal-
(a)that is temporarily removed from Namibia for any reason is considered as imported into Namibia when it is brought back to Namibia; and
(b)which is identified as an imported animal under this regulation and which is temporarily removed from Namibia for any reason must retain its identification as an imported animal when it is brought back into Namibia.
(2)An owner of a prescribed animal who imports a prescribed animal into Namibia must ensure that the prescribed animal is identified with an approved device as an imported prescribed animal under the supervision of the veterinary official-
(a)within seven days of the date on which the animal is released from entry point through which it is imported; or
(b)before the animal leaves the place to which it is moved to from the entry point,
whichever comes first.
(3)The Chief Veterinary Officer may, on application by a person referred to in subregulation (2), exempt that person from the provisions of that subregulation, if the Chief Veterinary Officer is satisfied that the imported prescribed animal is-
(a)imported direct to a non-export abattoir for slaughter and the import permit indicates the non-export abattoir as the place of final destination; or
(b)temporarily imported into Namibia and is to leave Namibia within 14 days of being released from the entry point into Namibia.
(4)The Chief Veterinary Officer may impose conditions on the exemption granted under subregulation (3).
(5)An imported prescribed animal that is imported into Namibia to be slaughtered must be slaughtered within five days from the date of entry under the supervision of a veterinary official.
(6)If the place of slaughter of imported prescribed animal referred to in subregulation (5) changes for any reason, the imported prescribed animal must be moved to another abattoir under a red cross movement permit and slaughtered within 72 hours after arrival.
(7)For purposes of subregulation (6) “red cross movement permit” means a movement permit with special conditions attached to the permit that accompanies a prescribed animal when it is moved from a place to any other place because of any risk associated with that prescribed animal.
(8)A person who contravenes or fails to comply with subregulations (2) commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

23. Replacement of approved device

(1)If an approved device attached or applied to a prescribed animal in accordance with these regulations is lost, becomes illegible or becomes ineffective for the identification of the animal to which it is attached or applied, the owner of the prescribed animal, subject to these regulations, must ensure that the approved device is replaced with an approved device bearing the same identification number or code or a different identification number or code-
(a)within 28 days after the owner of such prescribed animal becomes aware that the approved device is lost or illegible or ineffective; or
(b)before the prescribed animal leaves the registered establishment,
whichever comes first and the owner of the prescribed animal must complete an eartag replacement on Form 21 of Annexure 2.
(2)If a prescribed animal is given an approved device under subregulation (1) that bears a different identification number or code than the original approved device, the owner of such prescribed animal must, within 14 days of the new approved device being attached or applied or before the animal leaves the place, notify a veterinary official of the change of the approved device stating the identification number or code of both the original and the new approved device.
(3)Despite regulation (1), a prescribed animal that loses its approved device while being moved to an abattoir for slaughter or while being transported for delivery at a destination outside Namibia does not need to be given a similar approved device under that subregulation, if the operator of the abattoir, the person moving the prescribed animal or the person exporting the prescribed animal provides a veterinary official with relevant information that allows the origin of the animal to be traced, including-
(a)the identification number or code on the lost approved device;
(b)a movement permit; and
(c)an animal movement notice, if applicable.
(4)Despite subregulation (1), a prescribed animal that, while being moved to an animal gathering-
(a)loses a primary approved device; or
(b)loses an approved device and not individually identified,
may not be allowed to participate in such animal gathering.
(5)A person who contravenes or fails to comply with subregulations (1), (2) or (4) commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

24. Alteration or removal of approved devices

(1)A person may not-
(a)deface, render illegible or alter the information printed or contained on or in; or
(b)cause or permit to be defaced or render illegible or alter,
an approved device attached or applied to a prescribed animal in accordance with these regulations.
(2)A person may not remove, cause or permit to be removed an approved device attached or applied to a prescribed animal, unless the-
(a)removal is done with the approval of a veterinary official;
(b)approved device is removed by or with the approval of the veterinary official for purposes of replacement with another approved device in accordance with regulation 23;
(c)approved device is removed after slaughtering the prescribed animal; or
(d)prescribed animal dies and the approved device is removed by or with the approval of the owner of the prescribed animal.
(3)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

25. Safekeeping of unused approved devices

(1)A person who is entrusted to administer the distribution, allocation, supplying or manufacturing of approved devices under these regulations or any other person who is in possession of an unused approved devices issued for the purposes of these regulations, must-
(a)take reasonable steps to ensure that the approved devices are kept safe; and
(b)in writing notify a veterinary official immediately if the unused approved device is lost, stolen or defective and provide him or her with the particulars of the lost unused approved device.
(2)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

26. Identification of carcass, meat and offal of slaughtered prescribed animals

(1)If required by a veterinary official, the operator of an abattoir must cause the carcass of a slaughtered prescribed animal, the meat or offal derived from that carcass to be marked or labelled in a manner approved by Chief Veterinary Officer so as to facilitate the tracing of the carcass, the meat or offal of the animal or the group of animals from which it is taken.
(2)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

Part 5 – ANIMAL REGISTRATION AND KEEPING OF REGISTERS

27. Central database

(1)The Minister must cause a central database to be established and maintained for the purposes of-
(a)the registration of-
(i)registered establishments;
(ii)owners of prescribed animals;
(iii)prescribed animals; and
(iv)persons conducting auctions;
(b)the recording of information notified in relation to prescribed animals in terms of these regulations; and
(c)any other information as the Chief Veterinary Officer may determine concerning the records of the treatment, health status, vaccination and feeding of the prescribed animals.
(2)The Minister must-
(a)designate a person in the employment of the State; or
(b)by mutual agreement with a person, body or organisation, appoint that person, body or organisation,
to be the manager of central database and to perform the functions assigned to the manager of the central database by these regulations.
(3)A manager of central database, appointed under subregulation (2)(b) may, for the purposes of registration and recording other information on the central database in terms of subregulation (1) and the rendering of other services in managing or operating the central database, charge the owners of prescribed animals such fees as may be determined and specified by the manager with the approval of the Minister.
(4)When a notification is given or submitted to the manager of the central database in terms of these regulations, in addition to a notification given under subregulation (1), the manager of the central database may, if satisfied that the notification contains the information required to be given under these regulations, cause that information to be recorded on the central database within a period determined by the Chief Veterinary Officer.

28. Prescribed animals to be registered on central database

(1)A person required in terms of these regulations to ensure that a prescribed animal is identified by means of an approved device in accordance with regulation 20 and 21 must provide the manager of central database with the required information for the registration of the prescribed animal on the central database within 14 days after an approved device is attached or required to be attached to the animal in terms of that regulation.
(2)The information for registering a prescribed animal in terms of subregulation (1) must be provided by the owner of such animal to the manager of central database-
(a)on Form 22 of Annexure 2; or
(b)by electronic means in a form approved by the Chief Veterinary Officer.
(3)In the event that the approved device is applied or attached to the prescribed animal by a person, body or organisation authorised by the Chief Veterinary Officer, the information for registering a prescribed animal must be provided to the manager of the central database on Form 22 of Annexure 2 or electronically, within 14 days after an approved device is attached to the prescribed animal.
(4)A person may not move a prescribed animals from a registered establishment to any other place, unless the prescribed animal is registered on the central database under subregulation (1).

29. Imported prescribed animals to be registered on central database

(1)A veterinary official must ensure that an imported prescribed animal is identified as an imported prescribed animal in accordance with regulation 22 and must provide the manager of the central database with the required information for the registration of the animal on the central database within seven days after the animal is given or required to be given the approved device in terms of that regulation.
(2)The manager of the central database must register the imported prescribed animal on the central database within five days of receipt of the information under subregulation (1).

30. Keeping of prescribed animal register

(1)An owner of prescribed animal must-
(a)in respect of prescribed animal held, kept or handled on a registered establishment, keep and maintain an animal register on Form 23 of Annexure 2 on the registered establishment where the prescribed animals are being held, kept or handled;
(b)ensure that the animal register is kept up to date, accurate and in legible condition;
(c)make the animal register available for inspection on request by a veterinary official; and
(d)keep the animal register for a period of at least 10 years after the last date of entry.
(2)The animal register may be kept by electronic means in a format approved by the Chief Veterinary Officer.
(3)If the prescribed animal referred to in subregulation (1) is moved to another registered establishment, the owner of such prescribed animal must ensure that a copy of the animal register-
(a)accompanies the prescribed animal to the registered establishment to which the prescribed animal is moved; and
(b)is kept and made available for inspection on request by a veterinary official.
(4)The owner of prescribed animal must provide the Chief Veterinary Officer with a return on Form 24 in respect of-
(a)the number of each species of prescribed animals kept, held or handled by the owner; and
(b)the number of other animals, not being prescribed animal kept, held or handled by the owner,
on a registered establishment not later than 28 days after the expiry of every period ending on 30 June and 31 December each year or such other period as the Chief Veterinary Officer may determine.
(5)Despite subregulation (4), the Chief Veterinary Officer may request an owner of prescribed animal referred to in that subregulation to provide any other relevant information under that subregualtion.
(6)An owner of prescribed animal who keeps prescribed animals on two or more registered establishments must provide a separate return under subregulation (4) in respect of each establishment.
(7)A person who contravenes or fails to comply with subregulation (1), (3) or (4) commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

31. Keeping of prescribed animal treatment and vaccination register

(1)An owner of prescribed animal must keep a prescribed animal treatment and vaccination register in respect of a prescribed animal which is being treated and vaccinated for any disease.
(2)An owner of prescribed animal referred to in subregulation (1) must in the treatment and vaccination referred to in that regulation, record the-
(a)date when a prescribed animal has been treated;
(b)identity of a prescribed animal that has been treated;
(c)species of prescribed animal treated;
(d)number of prescribed animals treated;
(e)reason for treatment of a prescribed animal;
(f)withdrawal period for the treatment of a prescribed animal; and
(g)name of the person who treats a prescribed animal.
(3)The owner of prescribed animal contemplated in subregulation (1) must-
(a)ensure that the animal treatment and vaccination register is kept up to date, accurate and in legible condition;
(b)make the prescribed animal treatment and vaccination register available for inspection on request by a veterinary official;
(c)provide information on the treatment and vaccination of the prescribed animal at a frequency as may be determined by the Chief Veterinary Officer; and
(d)keep the prescribed animal treatment and vaccination register for a period of at least 10 years after the last date of entry.
(4)The prescribed animal treatment and vaccination register must be on Form 25 of Annexure 2 or by electronic means in a form approved by the Chief Veterinary Officer.
(5)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

32. Keeping of imported prescribed animals register

(1)A person who has imported a prescribed animal into Namibia or an owner of an imported prescribed animal must keep or cause to be kept an imported animal register on every registered establishment where the imported prescribed animal is kept.
(2)A person referred to in subregulation (1) must enter the required information in respect of the imported prescribed animal into an imported animal register referred to in that subregulation within seven days of the animal arriving at its destination place.
(3)The person referred to in subregulation (1) must ensure that the register is-
(a)kept up to date, accurate and in legible condition;
(b)made available for inspection on request by the veterinary official; and
(c)kept for a period of at least 10 years after the last date of entry.
(4)An imported animal register must be kept on Form 26 of Annexure 2 or by electronic means in a form approved by the Chief Veterinary Officer.
(5)If the imported prescribed animal is moved to another registered establishment, the person referred to in subregulation (1) must ensure that a copy of the imported prescribed animal register-
(a)accompanies the prescribed animal to that registered establishment to which the imported prescribed animal is moved; and
(b)is kept and made available for inspection on request by a veterinary official.
(6)The Chief Veterinary Officer must cause an imported prescribed animal register to be kept at respective veterinary offices.
(7)A person who contravenes or fails to comply with this regulation commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

Part 6 – MOVEMENT OF PRESCRIBED ANIMALS

33. Individually identified prescribed animals

(1)The Chief Veterinary Officer may identify certain prescribed animals to be individually identified prescribed animals for the purposes of animal disease control and traceability.
(2)For purposes of subregulation (1), the Chief Veterinary Officer must allocate to the prescribed animals referred to in that subregulation a unique identification number or code which is different from other prescribed animals in the herd or flock of an owner.
(3)For purposes of subregulation (1) the Minister must, by notice in the Gazette, notify the owners of prescribed animals to be identified as individually identified animals to identify or cause their animal to be identified as individually identified prescribed animals under these regulations.

34. Movement permits for prescribed animals

(1)A person may not move a prescribed animal from a registered establishment to any other place within Namibia, unless-
(a)the animal has strayed, the owner of such animal is unknown and the Chief Veterinary Official directs that the animal be taken to a specified place;
(b)subject to regulation 8, the animal bears an approved device attached or applied to the prescribed animal in accordance with these regulations;
(c)the person in charge of moving the prescribed animal is in possession of a movement permit that authorises the movement of the prescribed animal from the registered establishment to that other place; and
(d)in the case of an individually identified prescribed animal, a duly completed animal movement notice on Form 27 of Annexure 2 is attached to the movement permit.
(2)An application for a movement permit is made on Form 28 of Annexure 2.
(3)A Veterinary Official may require an applicant making an application under subregulation (2) to provide-
(a)the details of the prescribed animals to be moved;
(b)verification that the animal comply with traceability requirements; or
(c)other health issues,
before a movement permit or an animal movement notice is issued.
(4)A veterinary official must issue a movement permit, if he or she is satisfied that-
(a)both the place of origin and the place of destination of the prescribed animal are registered establishments registered in the central database;
(b)the place of origin or the place of destination are not subject to movement restriction in terms of the Act or these regulations;
(c)the animal health status at both the place of origin and the place of destination are known and the movement of the prescribed animal from the place of origin or to the place of destination does not pose a health risk to an animal;
(d)in the case of surveillance areas within the free zone, the prescribed animal is moved after such animal has been isolated for a period as may be determined by the Chief Veterinary Officer under section 12 of the Act;
(e)the applicant is authorised by the owner of the prescribed animals to move the animal, if the applicant is not the owner of the prescribed animals to be moved; and
(f)all previous movement permits issued for movement of prescribed animals to the place of destination have been accounted for by the owner of the prescribed animal or by the person in charge of the prescribed animal by giving notification to the central database on the movement of animals under those permits within the period specified in those permits.
(5)A movement permit issued under this regulation must accompany a prescribed animal when the prescribed animal is moved from a registered establishment to any other place.
(6)If an individually identified prescribed animal is being moved, an animal movement notice on which the individual identified prescribed animal identification numbers or codes are recorded must be attached to the movement permit.
(7)The movement of a prescribed animal must be carried out-
(a)in accordance with any conditions imposed by the veterinary official as specified in the movement permit; and
(b)within the period specified in the movement permit.
(8)For the purposes of section 25(6) of the Act, a veterinary official may impose conditions on a movement permit relating to the route and means of movement.
(9)A veterinary official may give an order to an owner of a prescribed animal to move the prescribed animal to the registered establishment where the animal was moved from, if the animal has been moved without approved device, unless the Chief Veterinary Officer order that the animal be moved to a specified place.
(10)If a prescribed animal arriving at animal gathering is not identified in accordance with these regulation, a veterinary official may issue a movement permit authorising the animal to be moved to the registered establishment where the animal was moved or any other registered establishment specified in the movement permit as the veterinary official may consider necessary.
(11)A person who contravenes or fails to comply with subregulation (1), (5), (6) or (7) commits an offence and on conviction is liable to a fine not exceeding N$100 000 or imprisonment for a term not exceeding five years, or to both such fine and such imprisonment.

35. Sending of movement permit by electronic means

(1)Despite regulation 34, a movement permit may be issued by a veterinary official and send a copy of the movement permit to the applicant by means of facsimile or other electronic means determined by the Chief Veterinary Officer.
(2)A copy of a movement permit sent under subregulation (1) has the effect of the original movement permit and may be used by the applicant for the movement of the animal specified in that permit subject to the conditions attached to the permit.
(3)Despite subregulation (1), the Chief Veterinary Officer may instruct an applicant referred to in that subregulation to produce the original movement permit and accompanying animal movement notice, if applicable, at the point of destination of the prescribed animal.

36. Change of ownership of prescribed animals

(1)Aperson who intends to transfer ownership of a prescribed animal to another person must on Form 29 of Annexure 2 notify the veterinary official of his or her intention to transfer ownership to another person.
(2)The notification referred to in subregulation (1) is submitted to a veterinary official in the district under which the registered establishment of the new owner of the prescribed animal falls.

37. Notification of movement of prescribed animals

(1)If a prescribed animals is moved from the registered establishment where the animal is kept to another registered establishment, the owner must notify a veterinary official of where the destination is located by submitting the movement permit endorsed by the owner and accompanied by the animal movement notice, if applicable.
(2)If a prescribed animal is moved from the registered establishment where the animal is kept to any other place under any law or by an order of a competent court, the person moving the animal must notify the veterinary official of where the destination is located by submitting the movement permit duly endorsed by the person and accompanied by the animal movement notice, if applicable.
(3)If a prescribed animal is moved from the registered establishment where it is kept to another place occupied by or under the control of another person, both the person sending the animal and the person receiving of the animal must confirm the movement of the animal under the movement permit as follow-
(a)the person sending of the prescribed animal must-
(i)check and verify that the animal being moved is as specified on the movement permit and, if applicable, on the animal movement notice;
(ii)endorse the movement permit; and
(iii)hand the movement permit and the accompanying animal movement notice to the person receiving the animal; and
(b)the person receiving the prescribed animal must-
(i)check and verify that the animal received is as specified on the movement permit and, if applicable, on the animal movement notice;
(ii)endorse the movement permit; and
(iii)notify the movement of the animal to the veterinary official where the destination is located by submitting the movement permit and accompanying animal movement notice to the veterinary official within the period specified in the permit.
(4)Notification of the movement of animal in terms of subregulation (1) or (2) to a veterinary official must be effected by the person receiving the animals by-
(a)submitting the original movement permit duly endorsed and the accompanying animal movement notice, if applicable, within the period specified in the permit; or
(b)facsimile the movement permit and the accompanying animal movement notice if applicable or by means of other electronic communication as approved by the Chief Veterinary Officer within the period specified in the permit,
but the original movement permit duly endorsed and the accompanying animal movement notice must be submitted to the veterinary official within 21 days from the issue date of the permit.
(5)In the case of the movement of prescribed animals to or from an animal gathering, the Chief Veterinary Officer may require that notification of the movement of an animal be given by the person holding the animal gathering by means of electronic communication in a format approved by the Chief Veterinary Officer not later than the second working day after the event has taken place.
(6)If a movement permit issued under these regulations is not used by a person to whom it was issued, the person must return the permit to the nearest veterinary office before the expiry date on the permit.
(7)If a movement permit is not used or is lost, the person to whom the permit is issued must-
(a)return the permit to the nearest veterinary office to be cancelled; or
(b)provide the veterinary official with a police declaration stating that the permit is lost and he or she or any other person did not move the prescribed animal in respect of which the permit is issued.
(8)A person who contravenes or fails to comply with subregulation (6) or (7) commits an offence and on conviction is liable to a fine not exceeding N$20 000 or imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

38. Notification of death, theft or stray of individually identified prescribed animals

(1)If an individually identified prescribed animal dies or is slaughtered on a place other than an abattoir or is stolen or strays from the registered establishment, the owner or other person in charge of the registered establishment must notify a veterinary official that the individually identified prescribed animal is dead, stolen or strays from the registered establishment, within 21 days after it comes to the knowledge of the owner or that person.
(2)The notification referred to in subregulation (1) is made on Form 30 of Annexure 2.
(3)If a prescribed animal dies while it is being transported to an abattoir or any other place, the person in charge of the transporting the animal or an owner of prescribed animal must on Form 30 of Annexure 2 notify the death to a veterinary official within 48 hours after the death comes to the knowledge of the owner or that person.
(4)If an individually identified prescribed animal dies at the abattoir before it is slaughtered, the person in charge of the abattoir must on Form 30 of Annexure 2, notify the death to a veterinary official within 48 hours after the death comes to the knowledge of that person.
(5)A person referred to in subregulation (1), (3) or (4) must keep a copy of Form 30 submitted to the veterinary official under this regulation for a period of at least three years after the date the notice is submitted to the veterinary official.

39. Notification of slaughter at abattoirs and other slaughtering facilities

(1)A person in charge of an abattoir or other slaughtering facilities must notify a veterinary official of every prescribed animal slaughtered at the abattoir or slaughtering facility.
(2)Subject to subregulation (4), the notification in terms of subregulation (1) is effected by submitting to the veterinary official the-
(a)movement permit in respect of the prescribed animal;
(b)accompanying animal movement notice, if applicable; and
(c)slaughter notice on Form 31 of Annexure 2.
(3)The person in charge of an abattoir or other slaughtering facilities, must, before slaughtering a prescribed animal, check the central database or any other records pertaining to the prescribed animal to verify the information relating to the ownership, health status, origin, previous location, movement history and eligibility of a prescribed animal to be slaughtered for a specific market.
(4)In the case of an abattoir that slaughter prescribed animals for export purposes, the Chief Veterinary Officer may require the notification of the prescribed animals received and slaughtered at or returned from the abattoir be given by means of an electronic communication within 48 hours in a format approved by the Chief Veterinary Officer.
(5)A person in charge of an abattoir must ensure that copies of the documents referred to in subregulation (2) in respect of a prescribed animal slaughtered at the abattoir are kept for a period of at least 3 years after the date the prescribed animal is slaughtered.

40. Traceability of carcasses and prescribed animal products at export abattoirs

The Chief Veterinary Officer may require the owners of the export abattoirs to provide information on traceability of carcasses and their products from the abattoirs to the final destination.

SCHEDULE

 

Annexure 1

List of prescribed animals

Prescribed animals under these regulations are-
(a)cattle;
(b)sheep;
(c)goats; and
(d)pigs.

Annexure 2

Forms 1 - 31

[Editorial note: The forms have not been reproduced.]
▲ To the top

History of this document

23 November 2017 this version
Commenced
14 August 2017
Assented to

Cited documents 4

Act 4
1. Agricultural (Commercial) Land Reform Act, 1995 257 citations
2. Communal Land Reform Act, 2002 113 citations
3. Animal Health Act, 2011 21 citations
4. Stock Brands Act, 1995 17 citations

Documents citing this one 0