{"id":96,"date":"2016-07-31T09:14:51","date_gmt":"2016-07-31T08:14:51","guid":{"rendered":"http:\/\/www.stocktheftprevent.co.za\/?page_id=96"},"modified":"2022-08-29T14:21:23","modified_gmt":"2022-08-29T13:21:23","slug":"legal-implications","status":"publish","type":"page","link":"https:\/\/www.stocktheftprevent.co.za\/af\/merk-van-diere\/legal-implications\/","title":{"rendered":"Wetlike implikasies"},"content":{"rendered":"\t\t
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Legal implications<\/h2>

Marking of registered (stud) animals
<\/strong>[section 15(2)]<\/p>

Paragraphs (a), (c) and (e) of subsection (1) do not apply in respect of \u2013
(a) the marking of animals in accordance with the rules or by-laws of an animal breeders\u2019 society or registering authority as defined in section 1 of the Animal Improvement Act (Act 62 of 1998); or
(b) the marking by the breeder thereof, of an animal which has been registered or recorded, as the case may be, with the South African Stud Book and Livestock Improvement Association.<\/p>

Registered animals are marked with marks issued by the relevant breeders\u2019 society.<\/p>

  • The breeders\u2019 society will prescribe the method of marking (branding or tattooing).<\/li>
  • Certificates of registration issued by the breeders\u2019 society must accompany registered animals that are sold at public auctions.<\/li><\/ul>

    Alternative identification methods<\/strong>
    [section 8(5)]<\/p>

    An owner may, in the prescribed manner, apply for an alternative method of identification. Th e registrar may specify alternative methods of identification by notice in the Government Gazette.<\/p>

    It is now possible to apply to the registrar for alternative methods of animal identification.\u00a0Only applications for the marking of specific groups of animals or species will be considered.<\/p>

    Should such a request be granted, it would be subjected to strict conditions in order to simplify the work of the inspector and the SAPS. Provisions that would be implemented in such a case would include the application of a single mark (brand or tattoo) indicating that the animals are microchipped.<\/p>

    It will also be a requirement that all those using the method have a scanner\/reader available at all times.<\/p>

    Illegal marking of animals<\/strong>
    (section 15)<\/p>

    No person may mark an animal with a:<\/p>

    • mark which has not been registered<\/li>
    • registered identification mark without the authorisation of the owner of such a mark<\/li>
    • registered identification mark otherwise than prescribed<\/li>
    • mark which is registered in the name of another person who is not the owner of the animal<\/li>
    • mark that is not a prescribed mark for the group to which the animals belong.<\/li><\/ul>

      Offences<\/strong>
      (section 16)<\/p>

      Any person doing one of the following commits an offence:<\/p>

      • a marking operator who fails to keep a register<\/li>
      • anyone with animals in his or her possession that are not marked in accordance with or in a manner allowed by the Act<\/li>
      • anyone who alters, mutilates or erases the identification mark on an animal<\/li>
      • anyone who sells an animal of which the identification mark is altered, mutilated or cancelled<\/li>
      • anyone who sells an animal of which an ear has been cut off without any lawful reason.<\/li><\/ul>

        Marking operators<\/strong>
        (section 11)<\/p>

        Any person who wants to mark animals other than his or her own animals for financial gain must apply in the prescribed manner to the registrar for registration as a marking operator and pay the prescribed fee.<\/p>

        If the applicant complies with the prescribed requirements the registrar must register him or her as a marking operator.<\/p>

        A marking operator must in the prescribed manner keep a register of animals marked by him or her.<\/p>

        The registrar must in the prescribed manner keep a register of marking operators.<\/p>

        How to register<\/strong><\/p>

        • Complete a marking operator course.<\/li>
        • You must fi ll in an application form obtainable from the course presenter.<\/li>
        • An application fee is payable.<\/li>
        • Payment can be made by cheque or postal order.<\/li><\/ul>

          Address the envelope to:<\/strong><\/p>

          The Registrar: Animal Identification
          Private Bag X138
          Pretoria
          0001<\/p>

          Marking operator courses<\/strong><\/p>

          The registrar will inform the applicant where to attend the prescribed course.<\/p>

          The course will include the following:<\/p>

          • the theory and technique of hot iron branding<\/li>
          • the theory and technique of freeze branding<\/li>
          • the theory and technique of tattooing<\/li>
          • the theory and technique of restraining and marking animals<\/li>
          • the legislation regarding the welfare of animals. Register of marking operator records<\/li><\/ul>

            The following information must appear in the marking operator\u2019s register:<\/p>

            name and address of owner whose animals were marked<\/p>

            date on which the animals were marked<\/p>

            type or specified breed marked<\/p>

            number of animals marked<\/p>

            method of identification<\/p>

            date on which the owner\u2019s identification mark was registered<\/p>

            \u00a0the owner\u2019s registered identification mark.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

            Legal implications Marking of registered (stud) animals[section 15(2)] Paragraphs (a), (c) and (e) of subsection (1) do not apply in respect of \u2013(a) the marking of animals in accordance with the rules or by-laws of an animal breeders\u2019 society or registering authority as defined in section 1 of the Animal Improvement Act (Act 62 of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":30,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-96","page","type-page","status-publish","hentry","entry"],"_links":{"self":[{"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/pages\/96","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/comments?post=96"}],"version-history":[{"count":11,"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/pages\/96\/revisions"}],"predecessor-version":[{"id":921,"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/pages\/96\/revisions\/921"}],"up":[{"embeddable":true,"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/pages\/30"}],"wp:attachment":[{"href":"https:\/\/www.stocktheftprevent.co.za\/af\/wp-json\/wp\/v2\/media?parent=96"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}