Definitions — ANIMAL IMPROVEMENT ACT 62 OF 1998

1 Definitions In this Act , unless the context indicates otherwise - ' advertisement ' in relation to an animal or genetic material and in relation to an inseminator , semen collector , embryo collector , embryo transferor , animal breeders ' society or registering authority means any written , illustrated , v isual or other descriptive material or verbal statement , communication , representation or reference which is brought to the notice of a member of the public and which is intended to promote the sale or encourage the use of such animal or genetic material , or is intended to offer the services of an inseminator , semen collector , embryo collector , embryo transferor , animal breeders ' society or registering authority; and ' advertise ' has a corresponding meaning; ' animal ' means a kind of animal or an animal of a specified breed of such kind of animal which has in terms of section 2 been declared as an animal for the purposes of this Act; ' animal breeders ' society ' means a group of persons promoting the breeding , the recording or registration , the genetic improvement and the use of a kind of animal or an animal of a specified breed of such kind of animal , determining and applying breed standards , recommending in its sole discretion the recording or registration of an animal or a specified breed of a kind of animal bred in or imported into the Republic , and who is registered in terms of section 8 (7) (a) (i); ' animal improvement ' means the scientifically based identification of genetically superior animals by means of the integrated registration and genetic information system or in a manner approved by the registrar and the discerning use thereof to improve the production or performance ability of the animal population in the interest of the Republic; ' appeal board ' means an appeal board specified in section 23; ' breed ' means a population of animals which produces progeny possessing a high degree of genetic stability as evidenced by identifiable uniformity in breed standards and performance; ' breeder ' means the owner of a breeding female animal at the time of natural or artificial conception or at the birth of progeny; ' breed standards ' means a written set of phenotypic or genotypic standards of excellence determined and applied in terms of the constitution of an animal breeders ' society for a kind of animal; ' centre ' means premises registered in terms of section 8 (6) (b) for the collection , evaluation , processing , packing , labelling , storing and sale of semen , embryos or ova , as the case may be , of certain kinds of animal; ' Department ' means the Department of Agriculture in the national government; ' Director -General ' means the Director -General of the Department; ' donor animal ' means an animal which has been approved in terms of section 8 (6) (c) for the collection of genetic material; ' embryo ' means a fertilised ovum of an animal; ' embryo collector ' means a person who collects , evaluates , processes , packs or stores genetic material , or who carries out the artificial insemination or the transferring of ova or embryos into recipient female animals and who is registered as such in terms of section 8 (6) (a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction; ' embryo transfer ' means the act of implanting an ovum or embryo in a female animal; ' embryo transferor ' means a person who carries out the transferring of ova or embryos into recipient female animals and who is registered as such in terms of section 8 (6) (a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction; ' export ' means to take out or send an animal or genetic material from the Republic to a country or territory outside the Republic or to cause an animal or genetic material to be so taken or sent out; ' genetic material ' means ova , embryos , semen and any other material originating from an animal through which the hereditary factors of such animal can be transferred; ' import ' means to bring an animal or genetic material from outside the Republic into the Republic or to cause an animal or genetic material to be so brought into the Republic; ' import agent ' means a person who imports genetic material on behalf of another person and who is registered as such in terms of section 8 (6) (a); ' inseminator ' means a person who carries out the artificial insemination of animals and who is registered as such in terms of section 8 (6) (a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction; ' integrated registration and genetic information system ' means the computer system which has been established in co-operation with the Department to integrate the pedigrees and performance data of animals; ' landrace ' means a specified breed of a kind of animal indigenous to or developed in the Republic; ' Minister ' means the minister responsible for agriculture; ' officer ' means an officer as defined in section 1 (1) of the Public Service Act , 1994 (Proclamation 103 of 1994) , read with section 1 of the Public Servant Amendment Act , 1996 (Act 13 of 1996); ' ovum ' means the ovum of an animal; ' prescribed ' means prescribed by regulation; ' register ' means the register kept in terms of section 5; ' registering authority ' means an animal breeders ' society or a group of animal breeders ' societies which is registered as such in terms of section 8 (7) (a) (ii); ' registrar ' means the officer designated as Registrar of Animal Improvement in terms of section 3; ' regulation ' means a regulation made under this Act; ' scheme ' means a scheme established in terms of section 20; ' sell ' includes agree to sell , offer , advertise , keep , expose , transmit , convey , transport , or deliver for sale within or outside the Republic or exchange or dispose of or deliver to any person in any manner , w hether for a consideration or otherwise , and ' sale ' has a corresponding meaning; ' semen collector ' means a person who collects , evaluates , processes , packs or stores semen , or who carries out the artificial insemination of an animal , and who is registered as such in terms of section 8 (6) (a) in respect of the kind of animal for which he or she has completed the prescribed course of instruction; ' stud book animal ' means an animal registered or recorded in the herd book kept by a registering authority; and ' stud animal ' , ' thoroughbred animal ' , ' registered animal ' and ' recorded animal ' has a corresponding meaning; ' veterinarian ' means a person registered in terms of the Veterinary and ParaVeterinary Professions Act , 1982 (Act 19 of 1982) , to practise a veterinary profession as defined in section 1 of that Act . 2 This Act shall apply with reference to any kind of animal , or an animal of a specified breed of such kind of animal as the Minister may by notice in the Gazette declare to be an animal for the purposes of this Act . In the case of a new kind of animal or a new breed of such kind of animal to be imported into or to be bred in the Republic , the Minister shall make such declaration after considering the request , taking the international law into consideration and after considering comments received in response to an invitation by the registrar to interested persons to comment on a proposed declaration that had been published in the Gazette at least 30 days prior to such declaration . Different kinds of animals or breeds of such kinds of animals may be so declared in relation to different provisions of this Act: Provided that an animal or genetic material as referred to in section 17 shall only be declared upon a specific written application to the Minister by the relevant animal breeders ' society . The Minister may declare that any provision of this Act shall only apply- (a) in one or more specified areas of the Republic; or ' semen ' means the semen of an animal; ' this Act ' includes the regulations; and Application of Act (b) to one or more specified countries . Designation of registrar 3 The Minister shall designate an officer in the Department , w ho has an appropriate tertiary qualification in the field of animal improvement , as Registrar of Animal Improvement , w ho shall exercise the powers and perform the duties conferred or imposed upon the registrar under this Act . (2) (a) The registrar may delegate the powers or duties referred to in subsection (1) in writing to an officer who has appropriate qualifications and skills , or may authorise or direct such officer in writing to exercise such powers or perform such duties . (b) Any power exercised or duty performed by an officer referred to in paragraph (a) shall be deemed to have been exercised or performed by the registrar . (c) Any decision made or order given by an officer referred to in paragraph (a) may be withdrawn or amended by the registrar , and shall , until it has been so withdrawn or amended , be deemed , except for the purposes of this paragraph , to have been made or given by the registrar .

Section 1