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Verkhovna Rada of Ukraine; Law as of November 15, 2001 No
Verkhovna Rada of Ukraine; Law as of November
15, 2001 No. 2775-III
Document 2775-14, effective, wording as
of November 15, 2001
L A W O F U K R A I N E
On Amendments to the Law of Ukraine
"On Veterinary Medicine"
(Vidomosti Verkhovnoyi Rady (VVR), 2002, No. 8,
article 62)
Verkhovna Rada of Ukraine hereby
r e s o l v e s:
To introduce amendments to the Law of Ukraine "On
Veterinary Medicine" (2498-12) (Vidomosti Verkhovnoyi Rady Ukrainy,
1997 р., N 7, article 56), by stating it in the following wording:
"L A W O F U K R A I N E
On Veterinary Medicine
This Law determines general legal, organizational
and financial grounds of functioning of veterinary medicine, requirements
as to veterinary and sanitary quality and safety of animal products, products
of vegetable origin sold at markets, environmental protection, as well as
the authority of the state bodies, rights and obligations of legal entities
and individuals in the field of ensuring veterinary and epizootic welfare,
animal quarantine, performance of the state veterinary and sanitary control
and supervision.
Chapter I
GENERAL PROVISIONS
Article 1. Definition
of basic terms
In this Law terms shall be used in the following
meaning:
veterinary medicine - a branch of science and
practical knowledge on animal diseases, their prevention, diagnostics and medical
treatment, determination of veterinary and sanitary quality and safety (hereinafter
referred to as – quality and safety) of animal products, products of vegetable
origin sold at markets, activities, directed at protection of health and productivity
of animals, prevention of diseases and human protection from diseases common
for animals and people;
veterinary practice - activities in providing
services, connected with prevention, diagnostics and medical treatment of animal
diseases and consultations on veterinary medicine issues carried out by legal
entities (institutions of veterinary medicine of all property forms and public
organizations) and individuals (specialists in veterinary medicine);
veterinary and epizootic welfare - optimal conditions
for animal lives, that prevent morbidity and harmful impact of environmental
factors on their health and productivity, secure prevention of diseases, including
those common for animals and people;
veterinary documents - documents issued by specialists
of the state institutions of veterinary medicine, certifying animals’ health,
quality and safety of products of animal origin, of other objects of the state
veterinary and sanitary control and supervision;
veterinary preparations - veterinary pharmaceuticals
and immune-biological means (preparations) and resources applied for artificial
insemination of animals and embryo transplantation, enzymes, antiseptics, disinfectants,
insectoacaricides, deratization, pro-biotic, diagnostic means, means of animal
care and etc., used in cattle farming and veterinary medicine;
veterinary pharmaceuticals (veterinary preparations,
medicaments) - pharmaceutical products: biological, vegetable, chemical, chemical
and pharmaceutical, homeopathic and other pharmaceuticals prescribed for animals;
veterinary and sanitary expertise - a set of
diagnostic and special researches held by specialists of the state institutions
of veterinary medicine to determine quality and safety of animal products and
products of vegetable origin sold at markets, designed for nourishment of people,
animal feeding and further processing;
veterinary certificate - a registered high-security
document of single use issued by a doctor of the state institution of veterinary
medicine, confirming the state of animals’ health and the fact performance
of vaccination and diagnostic researches, quality and safety of products of
animal origin, of other objects under the state veterinary and sanitary control
and supervision and localities of their origin;
finished fodder - fodder of animal and vegetable
origin containing fodder supplements for carnivorous non-productive animals,
including fish and birds;
state veterinary inspection - activities held
by officials of the state bodies and institutions of veterinary medicine, directed
at performance of the state control and supervision over observance to the
veterinary and sanitary requirements, stipulated by the legislation;
state veterinary and sanitary control – inspection
by doctors of the state bodies of veterinary medicine of observance to the
veterinary and sanitary requirements, stipulated by the legislation, in the
process of production, provision, storage, transportation, sale, including
export, import, of animal products, products of vegetable origin sold at markets,
veterinary pharmaceuticals, finished fodder, fodder supplements and means of
veterinary medicine, as well as during construction, reconstruction, modernization
and putting into operation of enterprises or separate facilities for production,
storage, sale of products of animal origin and veterinary preparations;
state veterinary and sanitary supervision –
inspection by the state inspectors of veterinary medicine with the aim of repeated
inspection of the state of observance of the legislation on veterinary medicine
issues;
state inspector of veterinary medicine – doctor
of veterinary medicine, whose functions pursuant to the position occupied in
the state body or institution of veterinary medicine are to control and supervise
observance of veterinary and sanitary requirements stipulated by the legislation
(official doctor of veterinary medicine);
state institutions of veterinary medicine -
bodies of the state management and other state institutions of veterinary medicine
on performance of preventive, diagnostic, remedial and other anti-epizootic
measures, scientific-research and control works, in which functions of control
and supervision in the sphere of veterinary medicine is vested;
means of veterinary medicine - materials, equipment,
devices, tools, special cars and other mechanisms and gadgets prescribed for
application in veterinary practice;
zoological market - an enterprise, whose activities
are connected with providing of services for establishment of proper conditions
to carry out allowed sale of animals, fodder of animal and vegetable origin,
fodder supplements;
infectious (contagious) diseases - animals’
maladies resulting from infecting by live pathogens (virii, bacteria, Rickettsia,
simplest fungi, mycoplasms, other pathogenic microbes) and transmitted from
the infected animals to healthy animals;
quarantine veterinary and militia station -
a temporary object to be put on the quarantine zone frontier according to the
decision of the State Emergency Anti-Epizootic Committee with the aim to localize
and prevent further animal infection spreading;
preventive quarantine – a system of measures
to prevent bringing in infectious diseases which presuppose isolated keeping
and performance of diagnostic researches and preventive treatments of animals
in case of their export, import, inter-regional and inter-farming transportation;
animal quarantine - a special regime of activity
set forth within the definite territory as to animals, and focused on localization
and liquidation of outbreaks of dangerous infectious animal diseases. This
regime allows establishment, as provided in this Law, of temporary restrictions
in execution of rights of individuals and legal entities with additional obligations
vested upon them;
fodder of vegetable origin – complex nutrients
based on vegetable protein, including forage grain, mixed fodder, fodder blends,
cake, shrots, root crops, tuber crops, hay, straw, etc.;
fodder of animal origin - complex nutrients
based on animal protein, including meal of meat, fish, blood, bone, meat-bone,
living feeding for fish, milk products and their derivatives, etc.;
fodder supplements - nutrients of organic and
non-organic character, including: ferment preparations, proteins, amino acids,
vitamins, micro- and macro elements, fodder yeast, fat and their composites
added separately or in complex to fodder for animals;
laboratory of veterinary medicine - institution
properly equipped for performance of veterinary researches;
pharmaceuticals - any substances or combinations
of substances prescribed for prevention, diagnostics and medical treatment
of human and animal diseases including renewal of correction, altering immune
state, physiological functions, metabolism process;
international veterinary (sanitary) certificate
- document issued by the official doctor of veterinary medicine of the country
- exporter to confirm the state of animal health and the fact of vaccination
and diagnostic researches, quality and safety of products of animal origin,
other objects under control of veterinary medicine service and locality of
their origin;
objects under the state veterinary-sanitary
control and supervision - animals, products of animal and vegetable origin
sold at markets; microorganism strains, veterinary preparations and substances;
finished fodder, fodder supplements and means of veterinary medicine; facilities
where animals are kept and /or slaughtered, processed, stored and sold, transportation
vehicles; objects of public catering and trade, as well as projects relating
to construction, reconstruction, modernization and putting into operation enterprises
or separate facilities for production, storage and sale of veterinary preparations
and products of animal origin;
re-registration of the registered certificate
- repeated registration after the term of its validity expires;
food raw materials of animal origin - meat,
milk, eggs, egg mass, fish and sea food products, animal fat, lungs, liver,
other pulp meat bypass, guts, blood, bee-keeping products and other products,
used in food production;
products of vegetable origin - mushrooms, berries,
vegetables, fruit and other vegetation used for nourishment;
products of animal origin - meat and meat products,
milk and diary products, eggs, eggs powder, melange, fish, fish products, honey
and other bee-keeping products, etc.;
produce of animal origin – raw materials of
animal origin including food raw materials, animal products and foods;
anti-epizootic measures – organizational - economic
and special veterinary - sanitary activities including prophylactics and diagnostics,
directed at prevention, revealing and liquidation of the animal contagious
diseases;
state border and transportation post of the
state veterinary-sanitary control and supervision - object with a group of
buildings, constructions and technical facilities, located in a specially allocated
territory both as directly at the check-point through the state border and
at railway stations, in airports, sea and river ports, where the state veterinary-sanitary
control and supervision of the controlled objects is carried out;
regional service of the state veterinary-sanitary
control and supervision at the state border and transport of the State Department
of Veterinary Medicine – a state institution carrying out the state veterinary-sanitary
control and supervision on a relevant regional level as to protection of the
territory of Ukraine from brining in infectious animal diseases from territories
of other countries, ensuring fulfilment of veterinary requirements during international
and domestic transportation of objects under the state veterinary-sanitary
control and supervision by legal entities and individuals, subjects of entrepreneurial
activity;
registration of veterinary preparations, substances,
finished fodder, fodder supplements - fixation of the fact of their expedient
use;
market - an enterprise in trade sphere whose
activities are connected with providing services in establishing due conditions
for allowed sale of animals, products of animal and vegetable origin, finished
fodder, fodder supplements and veterinary medicine means;
raw materials of animal origin - meat, milk,
eggs, eggs mass, fish, animal fat, lungs, liver, other pulp bypass, guts, blood,
bile, skin, wool, hair, bristle, fur, down, feather, endocrine glands and their
secretion, horns, hooves, bones, wax, silkworm cocoons, etc.;
specialists of veterinary medicine - doctors
and assistants of veterinary medicine that carry out preventive, recovery,
diagnostic, medical treatment activities in animal-breeding, conduct veterinary
and sanitary expertise of animal products, products of vegetable origin sold
at markets or provide other veterinary services;
List A - the List of contagious animal diseases
that can be spread fast and cause hard social-economic consequences or jeopardize
human health and give negative impact on national security and international
trade. The List A is specified by the Office International des Epizooties;
subject of economic activities - any legal entity
or individual conducting economic activities being the object of the state
veterinary and sanitary control and supervision;
substance - active agent utilized for production
of veterinary preparations;
animals - biological objects that belong to
fauna: agricultural, domestic, wild, including poultry and wildfowl, fur animals,
laboratory, zoo, circus animals, fish, crawfish, mollusca, toads, bees, silkworms,
etc., as well as sperm, zygotes, eyed eggs, incubate eggs, embryos etc.;
territorial bodies - administrations of veterinary
medicine in Autonomous Republic of Crimea, oblasts, cities, towns, districts,
created on the basis of state institutions of veterinary medicine together
with relevant structural units, being legal successors to veterinary medicine
administrations of the Council of Ministers of the Autonomous Republic of Crimea,
respective state administrations and state veterinary medicine institutions
of districts and cities, towns;
food of animal origin - natural products intended
for human consumption, or after corresponding processing of the food raw materials
of animal origin - canned meat, meat-and-plant and fish, cheese, milk and diary
products, foodstuffs for babies, margarine, fats, sausage products, concentrated
meat, etc.;
microorganism strains - genetically homogeneous
populations of microorganisms within the species having certain stable specific
morphological features and biological properties.
Article 2. The Legislation
on Veterinary Medicine
The legislation on veterinary medicine comprises
the Constitution of Ukraine, this Law and other enactments adopted in compliance
thereto.
Article 3. Main Tasks
of Veterinary Medicine
The main tasks of veterinary medicine shall be
as follows:
protection of the territory of Ukraine against
bringing in of pathogens of contagious animal diseases from the territories
of other countries or from the quarantine zone;
preventive measures, diagnostics and medical
treatment of infectious, invasive and non-contagious animal diseases;
state veterinary and sanitary control and supervision
over quality and safety of products of animal origin and products of vegetable
origin sold at markets; movement, including export and import of objects under
the state veterinary and sanitary control and supervision; adherence to veterinary
and sanitary requirements stipulated by legislation;
protection of people from diseases common for
animals and people;
veterinary and sanitary expertise of products
of animal origin, products of vegetable origin sold at markets used for nourishment
or production of food products as well as finished fodder, fodder of vegetable
and animal origin and fodder supplements;
state veterinary and sanitary control over the
quality of veterinary preparations, substances, finished fodder, fodder supplements
and means of veterinary medicine;
bacteriological, radiological, parasitological
and toxicological control at enterprises processing food raw materials of animal
origin (hereinafter referred to as the processing enterprises) of all property
forms, such as: meat processing and packing factories, poultry processing plants,
in refrigerators and product procurement, storage and sale stations and at
markets - products of vegetable origin;
facilitation to up-grading of veterinary medicine
specialists;
facilitation to practical introduction of veterinary
science achievements.
Chapter II
STATE MANAGEMENT IN THE SPHERE OF VETERINARY
MEDICINE
Article 4. Bodies of
the state management in the sphere of veterinary medicine
Public administration in the field of veterinary
medicine shall be carried out by the Cabinet of Ministers of Ukraine, the specially
authorized central body of executive power on agricultural policy issues, the
State Department of Veterinary Medicine, its territorial bodies and regional
services of the state veterinary and sanitary control and supervision at the
state border and transport.
Article 5. Competence
of the Cabinet of Ministers of Ukraine in the branch of veterinary medicine
Competence of the Cabinet of Ministers of Ukraine
shall cover:
ensuring implementation of the state policies
in the field of veterinary medicine;
drafting and implementation of relevant general
state programs;
carrying out measures directed at protection
of the territory of Ukraine against bringing in of pathogens of infectious
diseases from territories of other countries or quarantine zone, securing veterinary
and epizootic welfare, proper quality and safety of products of animal origin,
introduction of the animal quarantine and environment protection;
ensuring financing and logistic support of the
state veterinary medicine institutions;
implementation of the state policies as to licensing
in the field of veterinary medicine;
conclusion of international treaties;
execution of other authorities in the administered
sphere.
Article 6. Competence
of the specially authorized central body of executive power on issues of
agricultural policy
The specially authorized central body of executive
power on the agricultural policy issues shall:
secure implementation of the state policies
in the field of veterinary medicine, execution of the state veterinary and
sanitary control and supervision of the quality and safety of food products
and food raw materials, as well as protection of the territory of Ukraine from
bringing in of pathogens of contagious animal diseases from territories of
other countries or from a quarantine zone;
direct and coordinate activities of the state
bodies of veterinary medicine as to ensuring veterinary and epizootic welfare,
adherence to the procedure regulating the state veterinary and sanitary control
and supervision.
Article 7. State Department
of Veterinary Medicine and its bodies
The State Department of Veterinary Medicine
is the public administration body acting within the framework of the specially
authorized central body of executive power on agrarian policy issues and implementing
state policies in the field of veterinary medicine.
In order to carry out the undertaken tasks the
State Department of Veterinary Medicine shall create relevant territorial bodies
and regional services of the state veterinary and sanitary control and supervision
at the state border and transport.
The State Department of Veterinary Medicine,
its territorial bodies and regional services of the state veterinary and sanitary
control and supervision at the state border and transport shall constitute
an integral system of the state veterinary medicine bodies.
The Head of the State Department of Veterinary
Medicine, his/her deputies and heads of the Department administrations are
simultaneously the Chief State Inspector of Veterinary Medicine of Ukraine
and his deputies, respectively.
Heads of the territorial bodies of the State
Department of Veterinary Medicine of the Autonomous Republic of Crimea, oblast,
city, town, district and regional services of the state veterinary and sanitary
control and supervision at the state border and transport, their deputies are,
simultaneously according to their positions, chief state inspectors of veterinary
medicine and deputies to the chief state inspectors of veterinary medicine
of the above regions, and veterinary medicine specialists of the Department,
its territorial bodies and regional services of the state veterinary and sanitary
control and supervision at state border and transport are, simultaneously according
to their positions, the state inspectors of veterinary medicine.
Competence of the State Department of Veterinary
Medicine and its territorial bodies shall cover:
state veterinary and sanitary control and supervision,
coordination and organization of execution of measures regarding prevention,
diagnostics and liquidation of infectious, invasion and non-contagious animal
diseases and their medical treatment;
evaluation of epizootic situation, drafting,
approval and ensuring implementation of anti-epizootic measures; issuance of
directives mandatory for execution as to prevention and liquidation of infectious
diseases, performance of deratization, disinfection and other measures;
the state veterinary and sanitary control and
supervision over production of good quality (in terms of the veterinary and
sanitary safety) produce of animal origin, including verification of the documentation
somehow connected with quality and safety of products of animal and vegetable
origin, animal health;
organizing by the state sanitary-epidemiological
service jointly with the bodies and institutions of health care of protection
of people from diseases common for animals and people and timely exchange with
information on the revealed and registered diseases;
state veterinary and sanitary control and supervision
of protection of the territory of Ukraine against bringing in of pathogens
of contagious animal diseases from other countries and the quarantine zone;
veterinary examination of the animals’ condition,
products of animal origin, veterinary preparations, substances, finished fodder
and fodder supplements if they are exported, imported;
evaluation of veterinary and sanitary situation
at processing enterprises, abattoirs, shops, cattle farms, fairs, markets,
storage facilities for storage of products of animal and vegetable origin,
veterinary preparations, substances, finished fodder, fodder supplements and
means for their transportation;
analysis of reasons causing infectious and non-contagious
animal diseases and murrain, drafting recommendations as to its prevention;
state supervision of performance of veterinary
and sanitary expertise of products of animal origin at slaughterhouses, abattoirs,
meat-processing factories, shops, other processing enterprises of all property
forms, and products of vegetable origin sold at markets;
state veterinary and sanitary control of food
products of animal and vegetable origin;
state veterinary and sanitary supervision in
the process of selecting samples of products of animal, vegetable and biotechnological
origin necessary for conducting corresponding researches. The Cabinet of Ministers
of Ukraine shall specify the procedure for the sample selection;
issuance of veterinary documentation for objects
subject to compulsory state veterinary and sanitary control and supervision;
state veterinary and sanitary control and supervision,
and coordination of activities carried out by specialists and associations
of veterinary medicine independent of their subordination;
issuance to the insurance bodies with conclusions
as to diseases of animals forcedly slaughtered, perished or destroyed;
performance of expertise and coordination of
drafts on design and construction of cattle-farms, enterprises for animal slaughtering,
processing enterprises, enterprises producing veterinary preparations, markets;
participation in activities of working and state committees in charge of accepting
such objects into operation, and distributing land plots for all types of the
above mentioned construction and water supply for animals;
ban on operation, suspension or imposing restrictions
on activities of cattle-farms, enterprises carrying out animal slaughtering,
processing enterprises, facilities for storage of these products, markets if
the subjects of economic activities infringe veterinary and sanitary requirements
stipulated by the legislation;
organization of performance of laboratory and
clinical (virological, bacteriological, chemical-toxicological, autopsy, histological,
parasitological, radiological) and other researches in order to diagnose animal
diseases, evaluate quality and safety of products of animal origin, fodder
and water;
methodological guidance and performance of control
of the state of labour protection, these obligations being vested in the respective
officials.
Competence of the State Department of Veterinary
Medicine shall cover:
registration of veterinary preparations, substances,
finished fodder and fodder supplements, ensuring issuance of conclusions as
to application of means of veterinary medicine, adoption of technical documentation
connected with their production and application;
keeping the State Registration Book of the Veterinary
Preparations, Substances, Finished Fodder and Fodder supplements;
performance of the state veterinary and sanitary
control and supervision over production, sale and application of veterinary
preparations, substances, finished fodder and fodder supplements, evaluation
of their influence on animal health and quality of the products of animal origin;
distribution of funds allocated from the State
Budget of Ukraine for performance of anti-epizootic measures between the public
administration bodies and other state institutions of veterinary medicine;
notifying the Office International des Epizooties
on introduction of the animal quarantine in accordance with diseases indicated
in the List A, its effective term and cancellation respectively;
establishment of restrictions or prohibitions
for export, import and transit of animals, produce of animal origin, agricultural
products from certain countries or regions because of outbreaks of special
danger diseases, including those common for animals and people;
representation of interests of the veterinary
medicine of Ukraine, sighing international agreements within authorities vested
in it by the specially authorized central body of executive power in issues
of agrarian policy pursuant to the legislation;
drafting and approval of provisions on the state
institutions of veterinary medicine (territorial bodies, clinics, scientific-research
control institutes, state laboratories, pharmacies, etc.) as well as instructions,
directives, veterinary and sanitary rules, other enactments on the veterinary
medicine issues within its competence.
The enactments of the State Department of veterinary
medicine issued within its competence shall be mandatory for execution by the
state bodies, subjects of economic activities, citizens of Ukraine, foreigners
and persons without citizenship who reside in Ukraine.
Article 8. Veterinary
medicine subdivisions of ministries, other central bodies of executive power
and their territorial bodies
Veterinary medicine subdivisions of ministries,
other central bodies of executive power and their territorial bodies shall
organize and perform their work in accordance with this Law and shall functionally
be subordinate to the State Department of Veterinary Medicine on issues specified
by this Law. The heads of these subdivisions shall be appointed to and dismissed
from the offices upon consent of the State Department of Veterinary Medicine.
Veterinary medicine subdivisions of ministries,
other central bodies of executive power and their territorial bodies shall
operate in compliance with the provisions adopted by heads of these bodies
upon approval of the State Department of Veterinary Medicine and its territorial
bodies.
Article 9. Subdivisions
of Veterinary Militia on quarantine veterinary measures enforcement
The subdivision of veterinary militia on quarantine
veterinary measures enforcement, the Ministry of Interior of Ukraine, and relevant
divisions of its main administrations and administrations in the Autonomous
Republic of Crimea and oblasts, cities of Kyiv and Sevastopol, cities, towns
and districts shall be established to provide practical assistance to the state
institutions of veterinary medicine in organizing and enforcing measures relating
to prevention, localization and liquidation of quarantine animal diseases and
shall be staffed with the doctors of veterinary medicine, who are according
to the occupied positions, the state inspectors of veterinary medicine.
The subdivisions of veterinary militia on quarantine
veterinary measures enforcement of the Ministry of Interior of Ukraine shall
be functionally subordinated to the State Department of Veterinary Medicine.
The subdivisions of veterinary militia on quarantine
veterinary measures enforcement shall be financed from the budget funds allocated
to the State Department of Veterinary Medicine and its territorial bodies for
performance of anti-epizootic measures.
The Cabinet of Ministers of Ukraine shall approve
regulations for subdivisions of veterinary militia on quarantine veterinary
measures enforcement.
Chapter III
STATE VETERINARY AND SANITARY CONTROL
AND SUPERVISION
Article 10. Officials
providing state veterinary and sanitary control
The state veterinary and sanitary control shall
be carried out by doctors of state institutions of veterinary medicine.
The state veterinary and sanitary control at
objects affiliated to the Ministry of Defence of Ukraine, the Security Service
of Ukraine and the State Committee on Issues of Protection of the State Frontier
of Ukraine shall be carried out by subdivisions of veterinary medicine of these
bodies.
Article 11. Rights and
obligations of officials providing state veterinary and sanitary control
Officials providing state veterinary and sanitary
control shall have the right to:
examine observance by the subjects of economic
activities of the veterinary and sanitary rules of transportation of the objects
under the state veterinary and sanitary control and supervision, and requirements
relating to issuance of veterinary documentation;
evaluation of quality and safety of products
of animal origin at every production stage and their conformity to standards;
select samples of the products of animal origin
for their further veterinary and sanitary expertise;
participate in evaluation of samples of new
products of animal origin and other objects under the state veterinary and
sanitary control and supervision for the purpose of checking their adherence
to veterinary and sanitary requirements and quality standards;
check the sanitary state at production facilities
and storage conditions for products of animal origin;
examine quality and safety of production, storage
and trade conditions of veterinary preparations, substances, finished fodder,
fodder supplements, veterinary medicine means;
examine export, import, transit objects under
the state veterinary and sanitary control and supervision.
Officials providing state veterinary and sanitary
control shall be obliged to:
observe requirements of enactments on issues
of veterinary medicine and labour protection;
notify without delay the heads of relative state
institutions of veterinary medicine on revealed violations of veterinary and
sanitary requirements stipulated by legislation.
Article 12. Officials
providing state veterinary and sanitary supervision
The state veterinary and sanitary supervision
shall be carried out by the Chief State Inspector of veterinary medicine of
Ukraine, his/her deputies, chief state inspectors of veterinary medicine of
the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol,
cities, towns, districts, and their deputies, chief state inspectors of veterinary
medicine of regional services of state veterinary and sanitary control and
supervision at the state border and transport, their deputies and state inspectors
of veterinary medicine.
The Head of the State Department of Veterinary
Medicine may empower other specialists of veterinary medicine with authorities
of state inspectors of veterinary medicine.
The Chief State Inspector of veterinary medicine
of Ukraine shall coordinate execution of the state veterinary and sanitary
supervision.
Officials carrying out state veterinary and
sanitary supervision shall be provided with uniforms for the account of the
special fund of the State Budget of Ukraine.
Specimens of uniforms and mark of rank for officials
providing state veterinary and sanitary supervision are approved by the Cabinet
of Ministers of Ukraine.
Article 13. Rights and
obligations of officials providing state veterinary and sanitary supervision
Officials providing state veterinary and sanitary
supervision shall have the right to:
attend without difficulty the objects under
the state veterinary and sanitary control of all property forms on the relevant
territory, obtain information needed to determine the epizootic state, reveal
causes of animal diseases and evaluate veterinary and sanitary quality and
safety of products of animal origin, inspect execution of the state veterinary
and sanitary control;
issue binding instructions on application of
anti-epizootic and veterinary and sanitary measures (slaughtering, forced slaughtering
of animals, disinfecting of products of animal and vegetable origin, their
processing, utilizing or destroying if there are any contagious diseases or
suspicion that there is any special danger animal disease, or high concentration
of toxins, radio-nuclides);
ban export, import, transit, internal domestic
transportation and sale of products of animal origin and products of vegetable
origin sold at markets, and processing of the food raw materials of animal
origin that fail to comply with the veterinary and sanitary requirements, as
well as veterinary preparations, substances, finished fodder and fodder supplements
that do comply with the requirements as to their due quality and safety;
limit, suspend or prohibit construction (reconstruction)
of cattle farms, enterprises carrying out animal slaughtering, processing enterprises,
warehouses, markets and other objects under the state veterinary and sanitary
control and supervision that do not meet the veterinary and sanitary requirements;
set up, in case of necessity, committees of
veterinary medicine experts attracting specialists of scientific and research
organizations and institutions of higher education of the same profile in order
to identify animals' disease and death reasons;
inform the licensing bodies in the sphere of
veterinary medicine on violations of licensing conditions by subjects of economic
activities;
limit, ban or terminate activities of the subjects
of economic activities should they infringe the veterinary and sanitary requirements
stipulated by the legislation, provided such violations may cause danger to
human and animal life and health;
attract subjects of economic activities involved
in veterinary practice to implementation of anti-epizootic measures;
charge administrative fines pursuant to the
procedure determined by legislation.
Officials providing state veterinary and sanitary
supervision shall be obliged to:
within 24 hours in case of reveal of pestholes
(outbreaks) of acute infectious diseases and mass-scale poisoning of animals
to submit a communication to the relevant body of executive power on establishment
of the special regime and rules, whose implementation shall ensure non-spreading
of pathogens of infectious diseases, including those common for animals and
people, secure production of safe and high quality products of animal origin
and protection of the environment;
participate in activities of the state committees
on putting in operation of objects under the state veterinary and sanitary
control and supervision.
Article 14. State veterinary
and sanitary control and supervision over quality of veterinary preparations,
substances, finished fodder, fodder supplements and means of veterinary medicine
State veterinary and sanitary control over quality
of veterinary preparations, substances, finished fodder, fodder supplements
and means of veterinary medicine shall be carried out by state institutions
of veterinary medicine and by doctors of veterinary medicine authorized by
the State Department of Veterinary Medicine thereto.
State veterinary and sanitary control over development,
implementation, production, quality of veterinary preparations, substances,
finished fodder, fodder supplements and immune-biological, diagnostic means,
pro-biotics, immune-biological substances shall be carried out by scientific-research
and scientific-controlling institutions authorized by the State Department
of Veterinary Medicine.
Control over quality of veterinary preparations,
substances, finished fodder, fodder supplements and means of veterinary medicine
of serial production shall be carried out by manufacturers.
The state veterinary and sanitary supervision
over quality of veterinary preparations, substances, finished fodder, fodder
supplements and means of veterinary medicine shall be conducted by the State
Department of Veterinary Medicine and state bodies of veterinary medicine authorized
by it thereto.
Enterprises, institutions, organizations of
Ukraine, foreign subjects of economic activities, citizens of Ukraine, foreigners
and persons without citizenship who stay in Ukraine on the legal basis shall
have the right to import from abroad veterinary preparations, substances, finished
fodder and fodder supplements registered in Ukraine.
Control and supervision over import into the
territory of Ukraine of registered veterinary preparations, substances, finished
fodder and fodder supplements shall be carried out by regional services of
state veterinary medicine at the state border and transport.
Veterinary preparations, substances, finished
fodder and fodder supplements not registered in Ukraine may be imported into
Ukraine for the following purposes:
registration in Ukraine;
demonstration under control of the state institutions
of veterinary medicine at fairs, exhibitions and conferences; for scientific
purposes, etc. (without the right to sell).
In case of any natural disaster, catastrophe,
epizooty, etc. under a separate decision of the State Department of veterinary
medicine and according to the stipulated procedure import of veterinary preparations,
substances, finished fodder and fodder supplements not registered in Ukraine
may be allowed in case of presence of documents that confirm their registration
and application in countries of production.
Imported veterinary preparations, substances,
finished fodder and fodder supplements shall be subject to control in compliance
with the legislation.
Application of veterinary preparations, substances,
finished fodder and fodder supplements that are not registered in Ukraine or
fail to comply with the requirements as to their quality, is prohibited, except
for cases stipulated by parts seven and eight of this Article.
Purchase, sale, storage, application and decontamination
of immune-biological and diagnostic veterinary preparations, substances shall
be registered in a special log, whose form and the keeping procedure shall
be determined by the State Department of veterinary medicine.
It is prohibited to apply, for the purpose of
acceleration of animal growth and increase of productivity (lactation, etc.),
biological stimulators, antibiotics, hormonal and other preparations that damp
functioning of endocrine glands, and in particular have thyreostatic, estrogenic,
androgenic or gestagenic influence. These preparations may be used only for
medical purposes.
Article 15. State veterinary
and sanitary control and supervision over animals intended for shipping and
slaughtering, processing, storage and trade with products of animal origin
State veterinary and sanitary control and supervision
over animals intended for shipping and slaughtering, processing, storage and
trade with products of animal origin shall be carried out by the State Department
of Veterinary Medicine, its territorial bodies, regional services of the state
veterinary and sanitary control and supervision at the state border and transport,
other state institutions of veterinary medicine.
Direct state veterinary and sanitary control
over arrival and slaughter of animals and at each stage of manufacture of products
of animal origin, its sale shall be carried out by specialists of the state
institutions of veterinary medicine by means of performance of veterinary and
sanitary expertise, including laboratory tests of samples of products of animal
origin according to indices stipulated in compliance with the veterinary and
sanitary requirements, set forth by the legislation, standards, technology
instructions.
Laboratory tests of samples of products of animal
origin shall be performed in the state laboratories of veterinary medicine
that may be located where the subject of economic activities is situated.
The state laboratories of veterinary medicine
that operate in localities where subjects of economic activities are situated,
are structural divisions of relevant state institutions of veterinary medicine.
An official doctor of veterinary medicine, who has a practical experience in
this field not less than three years or has passed relevant certification according
to the specified procedure, may be appointed to the position of the head (chief)
of laboratory of veterinary medicine.
A subject of economic activities shall provide
office premises, equipment and materials needed to carry out laboratory tests
for utilization by state laboratory of veterinary medicine.
State veterinary and sanitary supervision over
arrival and slaughter of animals, processing, storage, transportation and sale
of products of animal origin shall be carried out by the state inspectors of
veterinary medicine.
State veterinary and sanitary control and supervision
over activities of subjects of economic activities shall be carried out at
the cost of moneys of the general and special funds of the State budget of
Ukraine.
Specialists of veterinary medicine shall be
appointed to the position and dismissed from the position upon approval of
the chief State Inspector of veterinary medicine of a district (town) after
performance of the certification held pursuant to the procedure stipulated
by the State Department of veterinary medicine.
Subjects of economic activities are entitled
to sell only products of animal origin that were manufactured under the state
veterinary and sanitary control and supervision and allowed for sale or storage,
and supplied with the duly registered relevant veterinary documents conforming
their quality and safety.
Article 16. State veterinary
and sanitary control and supervision at markets
State veterinary and sanitary control and supervision
at markets (zoological markets), other mercantile businesses, where sale of
animals, animal products and vegetable origin, fodder of animal and vegetable
origin, fodder supplements is organized, shall be mandatory and shall be carried
out by territorial bodies of the State Department of veterinary medicine and
other state institutions of veterinary medicine.
Direct state veterinary and sanitary control
at markets (zoological markets) shall be carried out only by specialists of
veterinary medicine of the state laboratories of veterinary and sanitary expertise
at markets (zoological markets) (hereinafter referred to as laboratories) or
other state institutions of veterinary medicine.
Laboratories are structural units of relevant
state institutions of veterinary medicine.
Laboratories shall act on the basis of provisions
approved by the State Department of Veterinary Medicine.
Any interference from any other services into
methodology and researches conducted by specialists of laboratories shall be
prohibited.
The market (zoological market) administration
(owner) shall provide appropriate office facilities to laboratories for use.
Laboratories shall have corner stamps and seals
bearing their name, branding irons and stamps of the determined design for
branding of meat and other products of animals' slaughtering; registration
logs, forms of expert conclusion as to quality and safety of each batch of
produce allowed for sale at markets (zoological markets), and other documents
according to the legislation on veterinary medicine.
Products shall be accepted for veterinary and
sanitary expertise after obligatory demonstration of the product owner's (or
seller's) identity documents.
Each carcass or its parts of non-industrial
production shall be subject to veterinary and sanitary expertise. In this case
the product owner (seller) shall submit accompanying veterinary documents.
Doctors of laboratories have the right to withhold
products determined improper for sale. Owners shall have to send such products
for utilization in compliance with the legislation.
Trade places at markets (zoological markets)
shall be provided only after receipt of laboratory conclusions.
It is prohibited to trade with animals and products
without relevant veterinary documents or in places that are not specified for
these purposes or have not passed veterinary and sanitary expertise.
It is prohibited to trade with home-prepared
finished food products (meat products, fish products and tinned products).
In case of non-observance of these requirement,
products shall be confiscated according to the procedure stipulated by the
legislation.
Laboratories shall not be liable for sale of
produce that has not passed veterinary and sanitary expertise. The market (zoological
market) administration (owner) shall be liable for issuing of the permit allowing
sale of such produce.
Markets (zoological markets) having no organized
veterinary and sanitary expertise for products subject to state veterinary
and sanitary control and supervision, provided such laboratories are missing,
shall not be allowed to function.
State veterinary and sanitary supervision at
markets (zoological markets ) shall be carried out by state inspectors of veterinary
medicine.
Article 17. State veterinary
and sanitary control and supervision at the state border and transport
State veterinary and sanitary control and supervision
at the state border and transport shall be carried out by regional services
of the state veterinary and sanitary control at the state border and transport,
their departments (posts).
State veterinary and sanitary control and supervision
at the state border and transport shall be mandatory in case of performance
of export, import and transit transportation of objects of the state veterinary
and sanitary control and supervision by all kinds of transport.
State veterinary and sanitary control at the
state border and transport shall be carried out in case of availability of
originals of documents issued by the state veterinary service of the shipping
country, taking in consideration its epizootic situation and under condition
the veterinary requirements of Ukraine concerning import of cargoes are met.
State inspectors of veterinary medicine shall
provide direct veterinary and sanitary control on the state border and transport
simultaneously with issuance of relevant documents. In this case working places
of the above persons should be at the checkpoint through the state border.
Customs clearance of the imported objects under
state veterinary and sanitary control and supervision shall be carried out
after their veterinary and sanitary expertise is held by the state laboratory
of veterinary medicine in the place of cargos' destination.
Citizens of Ukraine, foreigners, persons without
citizenship are prohibited to import on the territory of Ukraine products of
animal origin for their own consumption.
In case of export of objects under state veterinary
and sanitary control and supervision the veterinary certificate shall be subject
to exchange for the veterinary or sanitary certificate of a determined type
after the state veterinary and sanitary control is carried out.
In case objects under the state veterinary and
sanitary control and supervision are transited their clearance in checkpoints
on the state border shall be carried out if they have the veterinary certificate
of the exporting country and other accompanying documents after inspection
of transportation vehicles, and in case of necessity - cargo, taking in consideration
the epizootic situation in the exporting country.
State veterinary and sanitary supervision at
the state border and transport shall be conducted by the Chief State Inspector
of veterinary medicine of Ukraine, his/her substitutes, state inspectors of
veterinary medicine of the State Department of veterinary medicine, chief inspectors
of veterinary medicine, their substitutes, state inspectors of veterinary medicine
of regional services on the state border and transport.
Provisions on regional service of state veterinary
and sanitary control on the state border and transport shall be approved by
the Cabinet of Ministers of Ukraine.
Article 18. State veterinary
and sanitary control and supervision while hunting
The hunting season within a certain territory
shall be opened by the district (districts) chief state inspector authorizes
after performance of the compulsory epizootic supervision of hunting area.
Each person using the hunting areas shall be
obliged to equip places to process hunted wild fowl in accordance with the
veterinary and sanitary requirements stipulated by the legislation, and to
ensure performance of veterinary and sanitary expertise of wild fowl expected
to be used for food purposes.
Users of hunting areas and fishing facilities
shall be obliged to inform the territorial bodies of the State Department of
veterinary medicine or other state institution of veterinary medicine about
unnatural behaviour of animals, and in case of their perishing – to send dead
bodies to the state laboratory of veterinary medicine to determine reasons
that caused their perishing.
Article 19. Guarantees
of rights of officials who conduct state veterinary and sanitary control
and supervision
Specialists who conduct state veterinary and
sanitary control and supervision are independent in their activity and are
guided by this Law and other enactments on issues of veterinary medicine. State
bodies, heads of enterprises, institutions, organizations and citizens of Ukraine,
foreigners and persons without citizenship who stay in Ukraine should assist
veterinary medicine specialists when they carry out their duties.
Offence of a person who conducts state veterinary
and sanitary control and supervision as well as resistance, threats, violence
and other actions hindering realization of this person's duties shall entail
liability established by the law.
Damages caused to the property of the person
who conducts state veterinary and sanitary control and supervision, while fulfilling
his/her official duties, shall be fully compensated by guilty persons.
No officials' instructions may be a ground for
any illegal action or inaction of veterinary medicine specialists.
Article 20. Rights and
obligations of legal entities and individuals as to ensuring veterinary and
sanitary and epizootic welfare
Legal entities and individuals involved in activities
connected with keeping, transportation, trade with animals as well as in production,
processing, storage, transportation and sale of products of animal origin and
products of vegetable origin sold at markets, production, transportation and
sale of veterinary preparations, substances, finished fodder and fodder supplements
(hereinafter in this Article referred to as legal entities and individuals)
in order to ensure in-farm veterinary and sanitary and epizootic welfare shall
have the right to:
receive from local bodies of public administration
and other institutions of veterinary medicine and bodies of local self-government
information on the epizootic situation within the territory under service;
receive compensation for damages resulting from
violation of the veterinary and sanitary requirements by other legal entities
and individuals;
appeal decisions and actions of officials of
public administration bodies and other state institutions of veterinary medicine
of a district, town, city, the oblast, Autonomous Republic of Crimea, Ukraine
or to a court.
Legal entities and individuals shall be obliged
to:
fulfil the lawful requirements of specialists
of state institutions of veterinary medicine relating to performance of anti-epizootic,
quarantine, restricting and other veterinary measures;
inform urgently the state institutions of veterinary
medicine on transfer, slaughter, morbidity of animals and their perishing (forced
killing) or their unnatural behaviour;
protect health of animals and ensure manufacture
of high quality and safe products of animal and vegetable origin;
identify great and small cattle, and horses
belonging to them;
deliver animals to a determined place or provide
an opportunity to carry out in-farm veterinary examination, prophylactic, preventive
and medical treatment, researches and vaccinations, ensure their proper fixation
during manipulations, as well as provide products of animal and vegetable origin
for holding veterinary and sanitary expertise;
deliver animals in case of their perishing and
remnants from the animal slaughter to specialized enterprises;
assist specialists of veterinary medicine to
carry out their office duties;
to provide free sampling of products of animal
and vegetable origin for performance of relevant researches pursuant to requirements
of veterinary medicine specialists;
to provide office facilities, necessary equipment,
communication means for utilization by specialists of state veterinary medicine
institutions, including those located on railway, water and air transport,
checkpoints on the state border, markets (zoological markets).
Chapter IV
SCIENTIFIC SUPPORT OF VETERINARY MEDICINE.
STATE PHARMACOLOGY COMMITTEE. STATE EMERGENCY ANTIEPIZOOTIC COMMITTEES.
Article 21. Scientific
support of veterinary medicine
Scientific support of veterinary medicine shall
be carried out by the relevant scientific institutions of the National Academy
of Sciences of Ukraine, the Ukrainian Academy of Agrarian Sciences, scientific
institutions in the administrative sphere of central bodies of executive power,
veterinary medicine departments of institutions of high education.
Coordination of works connected with scientific
support of veterinary medicine shall be carried out by the Veterinary medicine
department of Ukrainian Academy of Agrarian Sciences jointly with the scientific-methodological
council of the State Department of Veterinary Medicine.
The State Department of Veterinary Medicine
is a customer of state scientific and research works in the field of veterinary
medicine.
Financing of scientific researches in the branch
of veterinary medicine and practical realization of scientific developments
shall be conducted at the cost of moneys of the general and special fund of
the State budget of Ukraine and other sources allowed by the legislation.
Article 22. The State
Pharmacological Committee of veterinary medicine
The State Pharmacological Committee of veterinary
medicine is an expert and council body on issues of regulation of safe and
efficient application of veterinary preparations, substances, finished fodder
and fodder supplements, their registration.
The State Pharmacology Committee of veterinary
medicine functions at the State Department of Veterinary Medicine.
Expertise and tests of veterinary preparations,
substances, finished fodder, fodder supplements of internal and foreign production
shall be conducted by scientific institutions determined by the State Department
of Veterinary Medicine.
The State Pharmacology Committee of veterinary
medicine issues conclusions relating to use of veterinary preparations, substances,
finished fodder and fodder supplements taking in consideration their expertise
and test results. The State Department of Veterinary Medicine shall take decisions
on state registration of veterinary preparations, substances, finished fodder
and fodder supplements on the basis of the above conclusions.
The State Pharmacology Committee of veterinary
medicine shall act on the basis of the Provision approved by the Cabinet of
Ministers of Ukraine.
Article 23. State emergency
anti-epizootic committees
The State emergency anti-epizootic committee
affiliated to the Cabinet of Ministers of Ukraine shall be established for
operative control, guidance and co-ordination of activities of the bodies of
executive power, enterprises, institutions, organizations related to prevention
and liquidation of animal mass diseases or their poisoning.
The Vice Prime Minister of Ukraine, pursuant
to the assigned functional authorities, shall head the State emergency anti-epizootic
committee affiliated to the Cabinet of Ministers of Ukraine.
The state emergency anti-epizootic Committee
affiliated to the Cabinet of Ministers of Ukraine shall consist of the Chief
State Inspector of veterinary medicine of Ukraine, who is the deputy to the
head of the Committee, substitutes to the Chief State Inspector of veterinary
medicine of Ukraine, heads of the specially authorized central bodies of executive
power on issues of agrarian policy, interior affairs, economy, health protection,
transport, emergency situations, finance, communication and informatization,
forestry, state border protection, customs service, the Ukrainian Academy of
Agrarian Sciences and other officials, determined by the Cabinet of Ministers
of Ukraine.
Veterinary medicine specialists included to
the State Emergency Anti-Epizootic Committee affiliated to the Cabinet of Ministers
of Ukraine are simultaneously the state inspectors of veterinary medicine.
Members of the State Emergency Anti-Epizootic
Committee affiliated to the Cabinet of Ministers of Ukraine shall be provided
with necessary means of communication. While conducting their official duties,
members of the Committee shall have the priority right for use of long-distance
telephone communication and specialized veterinary medicine vehicles, for purchase
of tickets for all types of transportation means and for hotel accommodation.
In this case business trip and telephone and other electronic means of communication
costs shall be compensated from the funds allocated for performance of anti-epizootic
measures.
The State emergency anti-epizootic committees
are also established within the Council of Ministers of the Autonomous Republic
of Crimea, oblasts, Kyiv and Sevastopol municipal, district state administrations.
The Cabinet of Ministers of Ukraine shall approve
the Provision on State Emergency Anti-Epizootic Committees affiliated to the
Cabinet of Ministers of Ukraine and standard provisions on state emergency
anti-epizootic committees affiliated to the Council of Ministers of the Autonomous
Republic of Crimea, oblast, Kyiv and Sevastopol municipal, district state administration.
Chapter V
FINANCING AND LOGISTIC SUPPORT
Article 24. Financing
and logistic support of public administration bodies and other state institutions
of veterinary medicine
Financing and logistic support of public administration
bodies and other state institutions of veterinary medicine shall be carried
out at the cost of the state budget funds.
Contributions to Office International des Epizooties
are made from the state budget of Ukraine.
Article 25. Financing
of anti-epizootic measures
Measures on prevention and liquidation of animal
contagious diseases, laboratory-diagnostic and regular radiological researches
of products of animal and vegetable origin, examination on trichinosis and
other veterinary and sanitary and anti-epizootic measures (under the list approved
by the Cabinet of Ministers of Ukraine) shall be financed at the cost of funds
of the relevant budgets.
Article 26. Payments
for services provided by state veterinary medicine institutions and organizations
Payment for measures on prevention and liquidation
of animal diseases (except those mentioned in Article 25 of this Law), treatment
of ill animals, laboratory researches, veterinary and sanitary expertise of
products of animal origin and products of vegetable origin sold at markets
(except regular radiological researches and researches on trichinosis) as well
as payment for services provided at export/import transactions, transportation
of objects under state veterinary and sanitary control and supervision thought
the territory of Ukraine shall be made at the cost of owners of animals, products
of animal and vegetable origin according to the current tariffs.
Payment for expertise and tests carried out
in order to register veterinary preparations, substances, finished fodder and
fodder supplements in Ukraine shall be carried out on the commercial basis
for the expense of the applicator's funds according to the pricelist approved
by the State Department of Veterinary Medicine in compliance with the legislation.
Payment for services of the veterinary medicine
specialists involved in veterinary practice, on fulfilment of the obligatory
or required anti-epizootic measures in accordance with the list approved by
the Cabinet of Ministers of Ukraine shall be made at the cost of funds of the
relevant budgets.
Tariffs on veterinary services are approved
according to the legislation on prices and price- establishing.
Chapter VI
QUARANTINE
Article 27. Procedure
of establishment of quarantine
Quarantine in places of outbreaks of dangerous
diseases shall be established and cancelled by a decision of the Council of
Ministers of the Autonomous Republic of Crimea, local state administrations
on appropriate territories and local executive bodies of self-government of
cities with oblast importance status; in separate farms and homesteads - upon
petition of the appropriate veterinary medicine state body; and within one
or more regions - according to the decision of the Cabinet of Ministers of
Ukraine on petition of the State Department of Veterinary Medicine.
The Chief state inspector of veterinary medicine
shall inform the Office International des Epizooties on establishment of the
quarantine because of a disease included into List A, its prolongation and
termination and - in a case of quarantine diseases common for animals and people
– shall inform the Chief state sanitary doctor of Ukraine.
Should any special danger contagious animal
disease, including those previously not supposed for registration, take place
within the territory of Ukraine, the State emergency anti-epizootic Committee
affiliated to the Cabinet of Ministers of Ukraine shall take a decision on
slaughtering (forced killing) of ill animals, and animals suspected to be ill,
in the infected farm or homestead, herd, flock, and in case of necessity –
animals from other farms or homesteads, herds, flocks, provided they have had
direct or indirect contact that may result in transmission of infection agent;
their carcasses, inventory of small value, transportation vehicles, other items
that may be a factor of such transmission shall be destroyed by burning, burying,
or in other manner guaranteeing termination of further spreading of the above
mentioned diseases.
The Cabinet of Ministers of Ukraine shall approve
the list of quarantine diseases.
Quarantine shall be introduced within 24 hours
after a quarantine disease is detected.
Directives of district, town and oblast chief
state inspectors of veterinary medicine or their substitutes may introduce
the preliminary quarantine restrictions before making a decision on establishment
of the quarantine.
The body that made a decision on establishment
of the quarantine shall immediately inform the enterprises, institutions, organizations
and inhabitants located in the quarantine zone and the appropriate bodies of
executive power of neighbouring districts and oblasts.
The decision on establishment of the quarantine
shall specify the circumstances that caused quarantine diseases, establish
the quarantine boundaries and the threatening zone, list the special veterinary
and sanitary measures directed at localization and liquidation of pestholes
of dangerous animal contagious diseases as well as temporary restrictions on
rights of legal entities and individuals, their additional obligations and
approve a schedule of disease localization, liquidation and prevention.
Animals obtained for restocking of the herd
shall also have to pass the compulsory prophylactic quarantine. During the
quarantine such animals shall be kept in specially designated and isolated
places (quarantine stations) and pass veterinary and sanitary examination.
After this examination, and if the state inspector of veterinary medicine permits,
they shall be included to the herd.
Animals brought in from abroad shall have to
pass the prophylactic quarantine in the quarantine station under supervision
of the veterinary medicine specialists within a certain period established
according to the legislation.
Persons guilty of violation of the quarantine
requirements shall be liable in compliance with the legislation.
Article 28. Measures
conducted under terms of the quarantine
In a case of establishment of the animal quarantine,
the following complete or partial prohibition may be introduced:
to transport or drive animals through the quarantine
zone; import/drive them in this zone or import/drive animals out of it;
to transport /carry out of the quarantine zone
products of animal and vegetable origin and fodder (including sending of parcels);
to regroup and drive (transport) animals to
other places within a quarantine zone as well as use common pastures and watering-places
for ill and healthy animals without permission of the chief state inspector
of veterinary medicine of the district, city (town), oblast;
to limit access of outsiders, animals (including
poultry) and transport to the territory of a farm and farm premises where the
quarantine is established except for the operating personnel (who have to observe
a special regime);
to conduct fairs, auctions, seminars, animal
exhibitions, mass sport events, market trade, etc.;
to move on vehicles within the quarantine zone;
to purvey and trade with animals and products
of animal and vegetable origin within the quarantine zone.
At the entry to settlements and farms the guard,
watch or veterinary militia posts shall be planted, and signs that show the
obligatory quarantine zone detour shall be placed. The Cabinet of Ministers
of Ukraine shall approve the provisions on veterinary and militia post.
Taking animals and products of animal and vegetable
origin out of the quarantine zone shall be allowed only under a decision of
the relevant State emergency anti-epizootic Committee.
Animals perished from contagious diseases, their
manure, litter and remnants of fodder as well as produce received from ill
animals and those kept together with them shall have to be destroyed or utilized
according to the legislation.
Economic usage of manure from ill animals or
those likely to be ill shall be allowed only in cases provided for by the instruction
on combating animal diseases and after preliminary thorough disinfections.
At railway stations, sea and river ports, piers
and airports as well as at farms and enterprises located in the quarantine
or threatening zone loading and unloading of animals, products of animal and
vegetable origin, fodder and other products which may be a carrier or factor
of infection's transfer shall be terminated.
With the aim of prevention of spreading of the
quarantine diseases and their liquidation in initial pestholes of infection,
according to the relevant decision of the State Emergency Anti-Epizootic Committee
mobilization and use of material resources of enterprises, institutions and
organizations from the non-quarantine zone shall be organized.
For the time of the quarantine, the regime of
work of enterprise, institutions and organizations may change.
In exceptional cases, alongside with the agencies
of interior affairs, military units of the Armed Forces of Ukraine may be involved
into performance of the quarantine measures and liquidation of epizootic pestholes
according to the law.
In a case of introduction of the animal quarantine
over a large territory (oblast or several oblasts), the Cabinet of Ministers
of Ukraine may submit a proposal to the President of Ukraine on the special
purpose mobilization (up to two months) of reservist specialists required for
liquidation of epizootic pestholes.
Subjects of economic activities whose activity
is related to production, processing, storage, transportation and sale of products
of animal and vegetable origin, fodder, other products and materials that may
be transmitting agents of pathogen of the infectious disease, shall be obliged
to provide buildings, necessary equipment and communication means to be used
by the specially authorized bodies during the quarantine.
Article 29. Guarantees
of rights of individuals and legal entities
Persons who have suffered from introduction
of the quarantine regime or due to performance of works on liquidation and
prophylaxis of animal quarantine diseases shall receive compensation for damages
under the procedure provided for by the legislation.
Legal entities whose material resources have
been used to prevent further spreading and liquidate quarantine diseases shall
have the right to receive compensation for caused damages. The Cabinet of Ministers
of Ukraine shall establish the procedure and amount for this compensation.
Chapter VII
LABORATORY DIAGNOSTICS. PRODUCTION AND
SALE OF VETERINARY PREPARATIONS, SUBSTANCES,
FINISHED FODDER, FODDER SUPPLEMENTS AND MEANS OF VETERINARY MEDICINE
Article 30. Laboratory
diagnostics of animal diseases, evaluation of quality and safety of products
and fodder of animal and vegetable origin
Laboratory diagnostics of animal diseases as
well as evaluation of quality and safety of products, fodder of animal and
vegetable origin shall be conducted by the Central, the republican of the Autonomous
Republic of Crimea, oblast, zonal, inter-oblast, municipal, inter-district
and district state laboratories of veterinary medicine under the procedure
established by the State Department of Veterinary Medicine.
Other institutions of veterinary medicine, scientific-research
institutions, institutions of higher education and other organizations may
also carry out laboratory diagnostics pursuant to the decision of the State
Department of Veterinary Medicine.
A final decision on disputable issues arising
from laboratory diagnostic conclusions shall be taken by the Central state
laboratory of veterinary medicine.
Accompanying veterinary documents shall be issued
under condition of the compulsory research of the products of animal and vegetable
origin held by state laboratories of veterinary medicine.
The Central State Laboratory of Veterinary Medicine
shall provide for methodical support of laboratory diagnostics.
Any interference into work of specialists of
the state laboratories of veterinary medicine during performance of laboratory
diagnostics shall be prohibited.
State laboratories of veterinary medicine are
legal entities that act on the basis of provisions approved by the State Department
of Veterinary Medicine.
Permission to work with disease pathogens,
included in the 2nd- 4th groups according to their danger, shall be issued
pursuant to the legislation.
Article 31. Production
and sale of veterinary preparations, substances, finished fodder, fodder
supplements and means of veterinary medicine
Production and sale of veterinary preparations,
substances, finished fodder, fodder supplements and means of veterinary medicine
shall be carried out pursuant to the technical requirements, pharmacopoeia
articles and standards.
Veterinary preparations, substances, finished
fodder, fodder supplements shall be allowed for serial production and sale
exclusively after their registration by the State Department of Veterinary
Medicine.
The document confirming registration of a preparation
in Ukraine shall be the registration certificate issued by the State Department
of Veterinary Medicine for each veterinary preparation, substance, finished
fodder, fodder addition.
Enterprises involved in production of veterinary
preparations, substances, finished fodder, fodder supplements and veterinary
medicine means shall pay scientific institutions and certain authors for scientific
development and introduction of the above mentioned means in production.
Subjects of entrepreneurial activity are allowed
to produce veterinary preparations, provided they have a license issued in
accordance with the legislation.
Subjects of economic activities may carry out
retail and wholesale trade with veterinary preparations, finished fodder, fodder
supplements and veterinary medicine means if a relevant license and quality
certificate is available.
Each veterinary preparation for sale shall be
supplied with the application instructions. It is prohibited to sell veterinary
preparations containing poisoning and strong stuffs, as well as immune-biological
preparations against diseases common for animals and people without a special
prescription issued by the specialist of veterinary medicine.
Storage of production and control microorganism
strains, support of bio-technical indicators on due level, control over the
state of their population, preparation of new microorganism strains shall be
conducted in the National Centre of Microorganism Strains.
The Cabinet of Ministers of Ukraine shall approve
the Provisions on the National Centre of Microorganism Strains.
Series of biological preparations that failed
to pass control during the process of production or testing in accordance with
the procedure determined by the State Department of Veterinary Medicine, and
were recognized as poor quality ones, shall be destroyed; the above mentioned
process shall be confirmed by the act issued with participation of the specialist
of veterinary medicine and the owner of these preparations or his/her authorized
representative.
Chapter VIII
VETERINARY PRACTICE. TRAINING AND STATUS
OF SPECIALISTS OF VETERINARY MEDICINE
Article 32. Veterinary
practice
Legal entities or individuals (citizens of Ukraine,
foreigners and persons without citizenship who stay in Ukraine) may carry out
veterinary practice provided they have obtained a license issued pursuant to
the legislation of Ukraine.
Self-supporting units of veterinary medicine
may be established at the state veterinary medicine institutions to provide
veterinary services on a contractual basis.
Article 33. Professional
Training, post-graduate education and certification of veterinary medicine
specialists
Professional training of specialists of veterinary
medicine shall be provided only on a full-time basis.
Post-graduate education of specialists of veterinary
medicine shall be provided according to the procedure stipulated by the legislation.
Professional upgrading of specialists of veterinary
medicine shall be performed at least once in every five years.
Specialists of veterinary medicine shall be
subject to certification according to the procedure stipulated by the legislation.
The certification results shall be the basis for determining whether an employee
meets the requirements of his/her position and the level of his/her qualification,
with the relevant ranking.
The State Department of Veterinary Medicine
shall approve the provisions on the procedure of certification of specialist
of veterinary medicine.
Article 34. Social and
legal protection of specialists of veterinary medicine
Specialists of veterinary medicine shall have
the right to use or to own land lots on the general basis according to the
land legislation of Ukraine.
Local bodies of executive power and bodies of
local self-government, enterprises, institutions, organizations of any property
form shall secure creation of appropriate working and housing conditions for
specialists of veterinary medicine, and provide them with medical and transportation
services.
In case of disability, injury, professional
illness or death, provided the above mentioned resulted from performance of
the official duties, the one-time monetary assistance shall be paid to specialists
of veterinary medicine or to their inheritors according to the procedure, conditions
and in amount specified by the Cabinet of Ministers of Ukraine.
Specialists of state institutions of veterinary
medicine shall be provided with specialized transportation vehicles to carry
out their official duties. Monetary compensation in the determined amounts
shall be paid for use of their own motor vehicle for execution of the above
mentioned duties.
Specialists of veterinary medicine shall be
paid double official salaries for hours worked in the zones where outbreaks
of contagious diseases included in the list approved by the Cabinet of Ministers
of Ukraine, take place.
The issues of social and legal protection, material
support for specialists of veterinary medicine being on military service or
employed as servicemen with the bodies of interior affairs, state border protection,
security service, shall be regulated according to the relevant enactments.
Chapter IX
LIABILITIES OF SUBJECTS OF ECONOMIC ACTIVITIES
FOR VIOLATIONS IN THE FIELD OF VETERINARY MEDICINE
Article 35. Liabilities
for violations in the field of veterinary medicine
Subjects of economic activities - any legal
entities whose activities are connected with keeping, transportation and sale
of animals; storage, processing, transportation and sale of products of animal
origin, and products of vegetable origin sold at markets; production and sale
of veterinary preparations, substances, finished fodder and fodder supplements,
provision of laboratory diagnostics and veterinary services, shall be liable
and subject to penalties in the following cases:
violation of the veterinary and sanitary rules,
instructions relating to prevention and liquidation of contagious animal diseases
- in the amount of three to six untaxed income minimum;
non-fulfilment of the measures as to the animal
quarantine or other quarantine restrictions – in the amount of six to ten untaxed
income minimum;
moving through the customs border without the
compulsory veterinary and sanitary expertise of objects subject to veterinary
supervision – in the amount of twenty five to forty untaxed income minimum;
sale of products of animal and vegetable origin,
fodder for animals imported to the territory of Ukraine without veterinary
and sanitary expertise in Ukraine – in the amount of twenty five to forty untaxed
income minimum with further withdrawal of such products and fodder;
sale within the territory of Ukraine of veterinary
preparations, substances, finished fodder, fodder supplements and veterinary
medicine means not registered in Ukraine - in the amount of fifty to a hundred
of untaxed income minimum with further withdrawal of these means, fodder and
fodder supplements in compliance with the law;
attempts to avoid or failure to provide animals
for veterinary examination, compulsory measures (researches, vaccination, treatment)
relating to prevention of animal diseases and failure to ensure proper fixation
of animals for performance of examination (measures) - in amount of five to
ten untaxed income minimum;
making food products from raw materials of animal
origin prohibited for utilization, including meat from dead bodies of animals
killed by electricity, poisoned by chemicals, drowned, and forced slaughtered
(killed), that have not passed the veterinary and sanitary expertise, etc.
– in the amount of fifty to a hundred untaxed income minimum with further withdrawal
of these food products in compliance with the law;
attempts to avoid the compulsory veterinary
and sanitary expertise of products of animal origin and products of vegetable
origin sold at markets – in the amount of fifty to a hundred untaxed income
minimum;
providing by owner (his/her authorized person)
of trade objects of a permission to sell animals and products of animal origin
and products of vegetable origin sold at markets that have not passed the veterinary
and sanitary expertise – in the amount of forty to fifty untaxed income minimum;
attempts to avoid or undue fulfilment of instructions
of the state veterinary medicine inspectors – in the amount of ten to twenty
untaxed income minimum.
Payment of penalties does not absolve the subjects
of economic activities from elimination of admitted violations and from reimbursement
for caused damages according to the procedure stipulated by the legislation.
Article 36. Bodies
authorized to consider cases on violations in the field of veterinary medicine
Cases on violations, stipulated by this Law,
shall be considered by the State Department of Veterinary Medicine, its territorial
bodies and regional services of the state veterinary and sanitary control and
supervision on state border and transport not later than within two months
of the date such violation took place, and if it is a lasting violation – within
two months from the date of its identification.
The Chief state inspectors of veterinary medicine,
their substitutes, state veterinary medicine inspectors shall be entitled to
impose penalties on behalf of the State Department of Veterinary Medicine,
its territorial bodies and regional services of the state veterinary and sanitary
control and supervision on the state border and transport.
Article 37. Decisions
in cases on violations in the field of veterinary medicine
Decisions on imposing penalties for violations
in the field of veterinary medicine shall be issued in relevant resolutions.
A subject of economic activities shall pay the
penalty within one month from the date the relevant resolution has been received.
In case this term is violated the penalty shall be charged in a judicial proceeding.
Article 38. Appellation
of decisions in cases on violations in the field of veterinary medicine
Decision in cases on violations in the field
of veterinary medicine may be appealed in accordance with court procedure.
Chapter X
INTERNATIONAL COOPERATION
Article 39. International
cooperation in the field of veterinary medicine
International cooperation in the field of veterinary
medicine shall be conducted in the following ways:
participation in the activities of the Office
International des Epizooties and other international organizations, accession
to international treaties, unification of standards and requirements on prevention
of import of pathogens of dangerous animal diseases from the territory of other
countries, export and import of animals, products of animal origin;
harmonization of the legislation on veterinary
medicine in accordance with the legislation of European Union; unification
of prophylactic and anti-epizootic measures, diagnostic methods for animal
diseases; and application of immune-biological, biological, vegetable, chemical,
chemical-pharmaceutical and other veterinary preparations;
establishing professional and scientific contacts;
exchange of information on the epizootic situation.
Article 40. International
treaties
If any international treaty concluded by Ukraine
and ratified by the Verkhovna Rada of Ukraine establishes rules different than
this Law then the rules of the international treaty shall be applied.
Chapter XI
FINAL PROVISIONS
1. This Law shall come into effect on the date
of its publishing.
2. The enactments adopted prior to taking effect
by this law shall be in force in part not conflicting herewith.
3. The Cabinet of Ministers of Ukraine shall:
prepare and submit to the Verkhovna Rada of
Ukraine its proposals on amending legislative acts pursuant to this Law;
harmonize its enactments in compliance with
this Law;
ensure drafting of enactments necessary to implement
this Law and their further adoption by ministries, other central bodies of
executive power;
provide for revising and cancelling by
ministries and other central bodies of executive power of their enactments
conflicting with this Law.
4. Introduce amendments into the following legislation
acts:
1) to part one of article 7 of the Law
of Ukraine 'On Insurance' (85/96-ВР) (Vidomosti Verkhovnoyi Rady Ukrainy,
1996, No. 18, article 78; 2002; No. 7, article 50) to add clause 34 in the
following wording:
"34) insurance of liability of manufacturers
(suppliers) of products of animal origin, veterinary preparations, substances
for damages caused to third parties";
2) in part one of article 4 of the Law
of Ukraine 'On State Regulation of Import of Agricultural Products' (468/97-ВР)
(Vidomosti Verkhovnoyi Rady Ukrainy, 1997, N 44, art. 281; 1998, N 26, art.148):
the words 'goods of the first and second' shall be amended as follows 'items
of the state veterinary and sanitary control and supervision referred to
as goods of the first - fifth, seventh, tenth, twelfth, fourteenth-sixteenth,
nineteenth, twenty first, twenty third';
3) article 10 of the Law of Ukraine 'On State
Awards of Ukraine' (1549-14) (Vidomosti Verkhovnoyi Rady Ukrainy, 2000, N 21,
art. 162) shall be added after the paragraph twenty with the paragraph of the
following content:
'Honoured Worker of Veterinary Medicine of Ukraine'.
According to this amendment the paragraphs twenty
one - thirty four shall be paragraphs twenty two - thirty five correspondingly.
5. The Law of Ukraine 'On Liabilities of Enterprise,
Institutions and Organizations For Violating Legislation of Veterinary Medicine'
(568/96-ВР) (Vidomosti Verkhovnoyi Rady Ukrainy, 1997, N 7, art. 58) shall
be deemed void.
President of Ukraine L. KUCHMA
Kyiv
November 15, 2001
No. 2775-III
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