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Infectious Animal Disease Control Act¹

Passed 16.06.1999
RT I 1999, 57, 598
Entered into force in accordance with § 65

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) This Act provides measures for infectious animal disease control and regulates the application of such measures and payment of compensation for damage caused by infectious animal diseases.

 (2) The purpose of measures for infectious animal disease control is to prevent and eradicate infectious diseases of animals and protect humans against diseases which are common to both animals and humans or which are spread by animals.

 (3) The provisions of the Administrative Procedure Act apply to the administrative proceedings laid down in this Act, taking account of the specifications provided for in this Act.

 (4) The Government of the Republic or the Minister of Agriculture may establish, within the limits of their competence, legislation for implementation of infectious animal disease control measures in matters which, pursuant to the legislation of the European Union, a Member State has the right to decide.
[RT I 2005, 37, 286 - entry into force 01.07.2005]

§ 2.  Animal
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (1) For the purposes of this Act, the terms “animal”, “products of animal origin”, “handling of products of animal origin” and “animal waste” are used as defined in § 2 of the Veterinary Activities Organisation Act.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (2) The provisions of this Act concerning domestic animals apply to all animals living in artificial conditions (including wild animals kept in artificial conditions), and the provisions concerning wild animals apply to animals living freely in the wild.

 (3) For the purposes of this Act, “slaughter animal” means an animal designated for slaughter for the purposes of producing meat or meat products.

 (4) For the purposes of this Act, “animal by-products” means animal by-products as defined in Article 3(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, pp. 1-33).
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (5) For the purposes of this Act, “derived products” means derived products as defined in Article 3(2) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 3.  Infectious animal disease

 (1) An animal disease is deemed to be an infectious animal disease if it is caused by biological pathogens which, either directly or through the environment, may be transmitted from one animal to another or from an animal to a human or vice versa. For the purposes of this Act, widespread animal diseases which are caused by non-transmissible agents are also deemed to be infectious animal diseases.

 (2) [Repealed – RT I 2005, 37, 286 – entry into force 01.07.2005]

 (3) For the purposes of this Act, an infectious animal disease is deemed to be especially dangerous if it is caused by a pathogen which is likely to spread rapidly in animal populations, cause widespread outbreaks of disease and high mortality rates or may cause significant financial loss, or if the infectious animal disease constitutes a serious threat to human life or health.

§ 4.  Keeper of animals

  For the purposes of this Act, a keeper of an animal is a person who owns an animal (the owner of an animal) or who, on the basis of a commercial lease or another relationship with the owner of the animal, is engaged in keeping an animal.
[RT I 2002, 96, 566 - entry into force 01.01.2003]

§ 5.  Veterinary supervision

  Compliance with the requirements arising from this Act or legislation established on the basis thereof shall be supervised pursuant to the procedure provided for in the Veterinary Activities Organisation Act, unless otherwise provided by this Act.

§ 6.  Rights and obligations of veterinarians

 (1) Veterinarians holding an activity licence (hereinafter veterinarians) are required to direct the attention of keepers of animals and handlers of products of animal origin, animal by-products and derived products to violations of the requirements arising from the legislation of the European Union, this Act or legislation established on the basis thereof, and make proposals for elimination of deficiencies.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (2) In the event of the outbreak of an especially dangerous infectious animal disease, veterinarians are required to cooperate with supervisory officials in order to prevent the spread of and eradicate the infectious animal disease.

 (3) If the Veterinary and Food Board requires the assistance of a veterinarian for the purpose of an activity aimed at controlling an infectious animal disease, the Board shall indicate it on its website, describing the activity aimed at controlling the disease. A veterinarian shall be remunerated for participating in the activity aimed at controlling the disease.

 (4) The rates of and the procedure for remuneration of veterinarians participating in activities aimed at controlling infectious animal diseases shall be established by the Minister of Agriculture.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

Chapter 2 PREVENTION OF INFECTIOUS ANIMAL DISEASES 

Division 1 Keeping of Animals 

§ 7.  Veterinary requirements for keeping animals

 (1) The locations, designs, technology and microclimate of livestock buildings and facilities and of areas which are enclosed for the keeping of animals shall comply with veterinary requirements. In the events provided for in this Act and legislation established on the basis thereof, livestock buildings and facilities and areas which are enclosed for keeping animals shall be registered in the register specified in subsection 11 (3) of this Act and, where necessary, be approved by a supervisory agency. Designs involving new construction works and fundamental technological restructuring shall be approved by the Veterinary and Food Board.

 (1¹) A place is deemed to be a livestock building or facility or an area enclosed for keeping animals if the purposes of keeping animals therein are the following:
 1) production of products of animal origin;
 2) breeding;
 3) intermediation for sale and for delivery in any other manner for a charge or without charge;
 4) forming of consignments of animals;
 5) display to the public, or other entertainment purposes aimed at the public;
 6) preservation of a species;
 7) scientific research.

 (2) Veterinary requirements for livestock buildings and facilities and for areas which are enclosed for keeping animals, and for keeping animals therein and the list of livestock buildings and facilities and of areas which are enclosed for keeping animals which are subject to registration and, in some cases, approval, and the procedure for registration and approval shall be established by the Minister of Agriculture. The requirements for breeding fish, molluscs (phylum Mollusca) and crustaceans (class Crustacea) and the requirements for activities relating to animals and the reproduction of animals, such as the production and incubation of hatching eggs, the collection of semen, the collection and transplantation of embryos and other similar activities, are also deemed to be veterinary requirements for keeping animals.

 (2¹) A person who has competent staff approved by a supervisory agency (hereinafter embryo collection team) which has a laboratory where embryos can be handled in compliance with the requirements and other necessary equipment at its disposal may engage in the collection, treating and storage of embryos and in vitro fertilisation of ova (hereinafter handling embryos). The embryo collection team shall include a veterinarian (hereinafter veterinarian of an embryo collection team) competent to handle embryos in accordance with the requirements and one or several specialists trained by the veterinarian of the embryo collection team in the use of complying methods and practices which comply with the requirements.

 (2²) Embryos shall be handled by the veterinarian of an embryo collection team or by a specialist under the supervision of the veterinarian of an embryo collection team. The embryo collection team shall maintain records concerning handling embryos. The requirements for the maintenance of records concerning handling embryos, for persons engaged in handling embryos and for embryo collection teams, and the procedure for approval of embryo collection teams shall be established by the Minister of Agriculture.

 (2³) [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

 (2⁴) [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

 (2⁵) [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

 (2⁶) [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

 (3) [Repealed – RT I 2009, 64, 422 – entry into force 01.01.2010]

 (4) [Repealed – RT I 2009, 64, 422 – entry into force 01.01.2010]

§ 7¹.  Biosafety measures

  For the purpose of preventing an infectious animal disease, a keeper of animals shall take the following biosafety measures:
 1) organisation of the movement of persons and means of transport;
 2) denial of third party access to livestock buildings and facilities and to areas enclosed for keeping animals;
 3) with regard to a person who has arrived from a foreign state, denial of access to livestock buildings and facilities and to areas enclosed for keeping animals until 48 hours have passed from the arrival of the person in Estonia from the foreign state;
 4) keeping an animal to be included in the herd separately from other animals based on the animal’s disease status;
 5) separating a sick animal from healthy ones;
 6) organisation of handling feedingstuffs, litter and other materials that possibly carry infections, and regular cleaning and disinfection of the materials;
 7) regular rodent and insect control;
 8) restriction of wild and domestic animal access to livestock buildings and facilities and to areas enclosed for keeping animals, and other relevant measures that are necessary for controlling the spread of animal diseases.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 8.  Medical examination of persons involved in keeping of farm animals or handling of products of animal origin
[RT I 2007, 1, 1 - entry into force 01.02.2007]

 (1) A keeper of animals and a person who in connection with their duties comes into direct contact with farm animals or products of animal origin shall undergo a medical examination prior to the commencement of keeping animals or the employment relationship and, depending on the results of risk assessment, regularly during keeping animals or during the employment relationship, in order to detect any infectious diseases and to prevent the spread thereof, and they shall hold a written health certificate that complies with the Communicable Diseases Prevention and Control Act. The medical examination requirements do not apply to keepers of animals who keep the animals for the purpose of obtaining products of animal origin for their own use.
[RT I 2007, 1, 1 - entry into force 01.02.2007]

 (2) Keepers of animals and handlers of products of animal origin shall require persons who in connection with their duties come into direct contact with farm animals or products of animal origin to perform the obligations specified in subsection (1) of this section.

 (3) A person involved in keeping farm animals or handling products of animal origin shall inform the keeper of animals or the handler of products of animal origin or their representative of any health disorder or illness which the person has, of any contact which the person has with a person suffering from an infectious disease and of any other hazards which may cause the outbreak of a disease among farm animals or the contamination of products of animal origin.

 (4) A person who does not hold a valid health certificate, who may spread pathogens or parasites or who has another health disorder or illness which is dangerous to the health of farm animals or humans shall not be permitted to work in a position where they come into direct contact with farm animals or products of animal origin.

§ 9.  Obligations of keepers of animals

  In addition to the provisions of § 35 of the Veterinary Activities Organisation Act, a keeper of animals is required to:
 1) inform a veterinarian immediately of the death of bovine animals over 24 months of age and ovine and caprine animals over 18 years of age, a widespread outbreak of an animal disease or the widespread death of animals;
 1¹) inform an authorised veterinarian servicing the area or a local office of the Veterinary and Food Board of a slaughter for personal use of bovine animals over 24 months of age and ovine and caprine animals over 18 years of age not later than twenty-four hours in advance;
 2) inform a supervisory official or authorised veterinarian if an animal belonging to the keeper has been attacked by a wild animal;
 3) comply with requirements arising from this Act and legislation established on the basis thereof for the prevention and control of infectious animal diseases and observe the restrictions established due to the occurrence of an animal disease.
[RT I 2005, 61, 477 - entry into force 01.12.2005]

Division 2 Identification and Registration of Animals 

§ 10.  Methods of identification

 (1) The methods of animal identification include the marking of animals, description of animals or determination of ownership of animals.

 (2) The marking of an animal is the marking thereof with a permanent and unique artificial feature which permits identification of the animal.

 (3) The description of animals for identification purposes is used for animals whose marking is impossible or impractical.

 (4) If it is impossible or impractical to mark animals and if a description cannot be prepared due to the close external similarity of the individuals of the animal species, the animals shall be identified based on ownership.

 (5) For the purposes of identification based on ownership, an animal is deemed to belong to the person in whose possession, including in whose enclosed territory, or in a structure or facility belonging to whom the animal is, unless a person interested in ownership of the animal proves otherwise.

§ 11.  Identification of domestic animals and register of farm animals

 (1) Owners of animals are required to guarantee the identifiability of their domestic animals in accordance with § 10 of this Act. The equipment for identification shall be issued at the expense of the keeper of animals. Keepers of animals are required to maintain records concerning the farm animals kept and register the animals in the state register pursuant to the procedure provided for in this Act and legislation established on the basis thereof. Local authorities shall organise the maintenance of records concerning dogs and, where necessary, of other household pets.

 (2) The list of species of farm animals that are subject to identification, the method and procedure for the identification and registration of such animals, the manners of and procedure for registration of the data of farm animals, the procedure for issue of registration certificates and the format of cattle passports and the rules of accounting farm animals shall be established by the Minister of Agriculture.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (2¹) Bovine animals shall be identified and registered in accordance with Regulation No 1760/2000/EC of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.08.2000, pp. 1–10).

 (2²) Ovine and caprine animals shall be identified and registered in accordance with Regulation (EC) No 21/2004 of the European Parliament and of the Council establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 09.01.2004, pp. 8-17).
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (3) The register of farm animals is a state register founded in accordance with the Databases Act on the proposal of the Minister of Agriculture.
[RT I 2007, 12, 66 - entry into force 01.01.2008]

 (4) The chief processor of the register of farm animals is the Minister of Agriculture and the authorised processor is the Agricultural Registers and Information Board.

 (5) Information submitted by keepers of animals concerning farm animals, livestock buildings and facilities and areas enclosed for keeping animals, which are subject to registration, shall be registered in the register of farm animals. An official of the authorised processor shall submit to the register the geographical coordinates of the livestock buildings and facilities and areas which are enclosed for keeping animals and which are to be entered in the register.

 (5¹) The Agricultural Registers and Information Board shall refuse to make an entry to the register of farm animals if a person has knowingly given false information or if, in accordance with § 65 of the Animal Protection Act, a person has been deprived of the right to keep such species of farm animals.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (6) If the relevant service has been made available in the data exchange layer of the information systems of the state, no digital signature needs to be added to an application for entry or amendment of data in the register of farm animals submitted to the Agricultural Registers and Information Board via the data exchange layer of the information systems of the state.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 11¹.  Entry in register of farm animals of information concerning slaughterhouses and enterprises where animal by-products and derived products are handled

 (1) In addition to the information specified in subsection 11 (5) of this Act, information concerning approved slaughterhouses and enterprises handling animal by-products and derived products, which enterprises have been approved or which have been notified of for registration purposes, shall be entered in the register of farm animals. The Veterinary and Food Board shall submit the data to the authorised processor without delay. The authorised processor shall determine the geographical coordinates of the enterprise and enter them in the register.

 (2) Information specified in subsection (1) of this section shall be entered in the register within ten working days:
 1) on the basis of a decision to approve a slaughterhouse or an enterprise handling animal by-products and derived products;
 2) as of the assignment of an official number to an enterprise handling animal by-products and derived products, which enterprise has been informed of for registration purposes, in accordance with Article 47 of Regulation (EC) No 1069/2009.

 (3) The information of an approved slaughterhouse and of an approved enterprise handling animal by-products and derived products shall be deleted from the register on the basis of a decision annulling the decision to approve the enterprise within ten working days as of making the decision.

 (4) The submitter of information is responsible for the correctness of the information specified in subsection 11 (5) of this Act and subsection (1) of this section. If information entered in the register changes, the submitter thereof shall promptly apply for amendments in the register.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 12.  Domestic animals without owner and loose domestic animals

 (1) An unidentified domestic animal whose owner cannot be ascertained is deemed to be a domestic animal without an owner.

 (2) An animal which, without the attendance of the owner or person responsible for the animal, is outside the territory which belongs to the keeper of the animal or is at the disposal thereof is deemed to be a loose domestic animal.

 (3) Local authorities shall organise the capture, keeping and killing of domestic animals without an owner in accordance with the Animal Protection Act. The capture of a loose domestic animal shall be organised by the keeper of the animals. If the capture of a loose domestic animal was organised by the local authority, expenses related to the capture and keeping of the domestic animal shall be covered by the owner of the animal.

Division 3 Veterinary Requirements for Movement of Animals and for Organisation of Animal Exhibitions, Competitions, Fairs, Auctions and Other Public Events Involving Bringing Animals Together 
[RT I 2009, 64, 422 - entry into force 01.01.2004]

§ 13.  Movement of farm animals
[RT I 2004, 19, 135 - entry into force 01.04.2004]

 (1) For the purposes of this Act, the movement of animals is the temporary or permanent change of the location of farm animals upon transfer, or due to another reason that causes animals to be taken from one herd to another.

 (2) It is prohibited to remove animals from an area or herd in which restrictions on the movement of animals have been established due to the suspicion or occurrence of an infectious animal disease.

 (3) For the purposes of this Act, a farm animal or a group of farm animals that are kept in one enterprise as an epidemiological unit is deemed to be a herd. If more than one herd is kept in one enterprise, each herd shall form a separate epidemiological unit that has the same animal health status.

 (4) Only clinically healthy animals which have been identified and registered pursuant to the procedure established on the basis of § 11 of this Act and which comply with the requirements provided for in this Act and legislation established on the basis thereof are permitted to be removed from a herd.

 (4¹) Upon removal of a bovine animal from the herd, the animal shall be accompanied by a cattle passport, which sets out the details of the animal, such as veterinary procedures performed on the animal, the movement of the animal and the keeper of the animal. Information concerning the movement of a bovine animal and the keeper of the animal shall be entered in the cattle passport by the keeper of the animal if the animal is removed from or moved to the herd. Information on veterinary procedures performed on the animal shall be entered in the cattle passport by an authorised veterinarian.

 (5) The Minister of Agriculture shall establish the procedure for moving animals from one herd to another and for sending animals to a slaughterhouse and the veterinary requirements regarding such animals.

 (6) [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

§ 14.  Veterinary requirements for organisation of animal exhibitions, competitions, fairs, auctions and other public events involving bringing animals together

 (1) Clinically healthy animals which comply with the veterinary requirements may be brought to an animal exhibition, competition, fair, auction or another public event involving bringing animals together (hereinafter event). The organiser of the event shall involve a veterinarian who shall examine the health status of the animal brought to the event, the animal’s compliance with the veterinary requirements and the animal’s wellbeing during the event.

 (2) Upon taking an animal from an event to the permanent place of keeping the animal, the keeper of animals shall take the relevant biosafety measures set out in § 7¹ of this Act.

 (3) The Veterinary and Food Board in whose supervisory territory an event is to take place shall be informed thereof by the organiser of the event not later than ten days before the start of the event.

 (4) The notice of an event shall set out the following information:
 1) the type of the event (animal exhibition, competition, fair, auction or another public event involving bringing animals together);
 2) the start and end dates of the event;
 3) the place of the event;
 4) the types of the animals to be brought to the event;
 5) the country and region of origin of the animals to be brought to the event;
 6) the name and contact details of the veterinarian who is to check the health status of the animal and the compliance of the animal with the veterinary requirements at the event and the wellbeing of the animal during the event;
 7) the name and contact details of the organiser of the event.

 (5) The local office of the Veterinary and Food Board shall keep account of events organised in its supervisory territory, registering valid notices that have been submitted within the prescribed term. Information about events shall be public and it shall be preserved for three years as of the date of registration of the event.

 (6) The Veterinary and Food Board may prohibit the bringing together of certain species of animals or their use in an event if the risk of the spread of an infectious animal disease has become evident following a risk analysis.

 (7) The Veterinary and Food Board shall immediately inform the organiser and, if necessary, the public via the mass media, of the prohibition on brining animals of a certain species together or on using them at the event. After learning of the prohibition on brining the animals together or on using them at the event, the organiser shall inform the participants thereof.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 15.  Persons trading in farm animals and veterinary requirements for trading in animals

 (1) A person trading in farm animals (hereinafter dealer) is a natural or legal person who directly or indirectly buys and sells bovine animals, swine, ovine and caprine animals for commercial purposes, earns permanent turnover from trading in the specified animals and resells the acquired animals within up to 29 days or places animals from the enterprise of the seller to the enterprise of another keeper of animals, and complies with the requirements established to the person.

 (2) An enterprise of a dealer shall be registered and approved. The enterprise of the dealer and livestock buildings and facilities and enclosed areas of another keeper of animals used for the activities of the dealer shall comply with the requirements and be registered and approved on the bases of and pursuant to the procedure provided in subsection 7 (2) of this Act. The requirements for the enterprises of dealers of farm animals shall be established by the Minister of Agriculture.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

Division 4 Veterinary Requirements for Animals, Products of Animal Origin, Animal By-products and Derived Products 
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 16.  Veterinary requirements for transportation

 (1) Farm animals and products of animal origin shall be transported using means of transport prescribed or adapted for such purpose. Upon transportation of animals, pollution of the environment with animal droppings shall be avoided. After each transportation of farm animals or, if necessary, before the next transportation of animals, if goods which may be harmful to the health of animals have been transported by a means of transport, the means of transport shall be cleaned and disinfected with a disinfectant included in the list published on the website of the Veterinary and Food Board. A disinfectant not included in the list may be used with the permission of a supervisory official.

 (2) Animals affected or suspected of being affected by a disease shall be transported as a separate load under the supervision of a veterinarian. If an animal falls ill during transportation, the carrier shall immediately inform the veterinarian thereof.

 (3) The carrier shall ensure the cleaning and disinfection of the means of transport and the stacking of used litter.

 (4) The carrier shall keep account of the date, time and place of loading and unloading farm animals, the species and number of the farm animals transported, the consignor and consignee of the animals, the details of the consignment documents, and the time and place of cleaning and disinfecting the means of transport. In the event of transportation of aquaculture animals, the carrier shall also keep account of the exchange of water in the course of transportation, indicating, among other things, the place where the water was exchanged. These documents shall be preserved for at least three years.
[RT I, 02.03.2011, 1 - entry into force 01.01.2011]

Division 5 Handling Products of Animal Origin, Animal By-products and Derived Products 
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 17.  [Repealed – RT I 2004, 19, 135 - entry into force 01.05.2004]

§ 17¹.  Veterinary requirements for slaughter animals, products of animal origin and handling thereof

 (1) A handler shall ensure that the veterinary requirements for handling slaughter animals and products of animal origin are complied with in slaughterhouses and enterprises handling products of animal origin.

 (2) Animals may be slaughtered and products of animal origin may be handled in accordance with the requirements established by Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ L 139, 30.04.2004, pp. 55-205), provided that the animals and the products have been inspected in accordance with the requirements of Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.04.2004, pp. 206-320).

 (3) In the events specified in Articles 1(3)(d) and (e) of the Regulation (EC) No 853/2004 of the European Parliament and of the Council, an animal may be slaughtered and products of animal origin may be handled in accordance with the requirements established on the basis of subsection 26 (3) of the Food Act and Article 1(4) of the Regulation (EC) No 853/2004 of the European Parliament and of the Council.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (4) There must not be any suspicion of an animal disease regarding an animal to be sent to a slaughterhouse, except for an aquaculture animal, and the animal shall originate from a herd on which no restriction of movement has been imposed due to the occurrence or suspicion of an animal disease has been imposed. An aquaculture animal to be slaughtered must not show any clinical signs of an animal disease.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (5) The veterinary requirements for products of animal origin and handling thereof shall be established by the Minister of Agriculture. These requirements do not apply to products of animal origin originating from diseased or suspect animals and to the handling thereof.

 (5¹) The veterinary requirements of enterprises engaged in slaughtering aquaculture animals to be slaughtered for the purpose of animal disease control and the procedure for approval of such enterprises and the list of information to be given in the application for approval shall be established by the Minister of Agriculture.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (6) In the event of the outbreak of an infectious animal disease, persons engaged in slaughtering or killing animals and handling products of animal origin are required to take, in their area of handling pursuant to a precept of the Veterinary and Food Board, the measures applied for the control of the infectious animal disease, e.g. slaughtering or killing diseased or suspect animals or handling products of animal origin originating from such animals in the prescribed manner.

§ 18.  [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

§ 18¹.  Veterinary requirements for handling animal by-products and derived products

 (1) Animal by-products and derived products shall be handled in accordance with the veterinary requirements provided for in Regulation (EC) No 1069/2009 of the European Parliament and of the Council.

 (2) For registration purposes an enterprise that is to engage in handling animal by‑products and derived products shall be informed of before commencement of the activity specified in Article 23(1)(a) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council.

 (3) An enterprise engaged in handling animal by-products and derived products shall be approved before commencement of the activity specified in Article 24(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council.

 (4) The Veterinary and Food Board is the competent authority provided for in Article 3(1) of Regulation (EC) No 1069/2009 of the European Parliament and of the Council.

 (5) With the permission of the Veterinary and Food Board and in accordance with Article 19 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council, specifications regarding handling animal by-products and derived products may be established.

 (6) In the event of outbreak of an animal disease, persons engaged in handling animal by-products and derived products shall participate in eliminating the consequences of the animal disease in their area of handling in accordance with a precept of the Veterinary and Food Board.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 18².  [Repealed – RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 18³.  [Repealed – RT I, 02.03.2011, 1 - entry into force 04.03.2011]

Division 6 [Repealed – RT I 2004, 19, 135 – entry into force 01.05.2004] 

Division 6¹ Approval of Livestock Buildings, Facilities, Areas Enclosed for Keeping Animals, Embryo Collection Teams, Enterprises of Persons Trading in Farm Animals, Enterprises Engaged in Slaughtering Aquaculture Animals to Be Slaughtered for Purpose of Disease Control and Enterprises Engaged in Handling Animal By‑products and Derived Products 
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 19¹.  Approval

 (1) Approval is a procedure in the course of which the supervisory agency assesses, both on the basis of the information submitted by the applicant as well as on the basis of information gathered on-site in the enterprise, the compliance of livestock buildings, facilities, areas enclosed for keeping animals, embryo collection teams, enterprises of persons trading in farm animals, enterprises engaged in slaughtering aquaculture animals to be slaughtered for purpose of disease control and enterprises or parts thereof (hereinafter enterprises) engaged in handling animal by‑products and derived products with the requirements established in the legislation of the European Union, this Act, the legislation established on the basis thereof.

 (2) An enterprise shall be approved before commencing the activities on which the approval is based. Persons who wish to obtain approval for an enterprise shall submit a written application to the supervisory agency.

 (3) If, as a result of the assessment specified in subsection (1) of this section, an enterprise to be approved is found to be in compliance with the requirements, the supervisory agency shall make a decision to approve the enterprise. If, as a result of the assessment, an enterprise is found not to be in compliance with the requirements, the supervisory agency shall make a decision to deny approval.

 (4) The supervisory agency shall make a decision to approve or to deny approval of an enterprise within three months as of receipt of the application and the documents appended thereto. The decision shall be delivered to the applicant by post or electronic means or against a signature without delay, but not later than on the fifth working day following the date on which the decision was made.

 (5) A supervisory agency shall maintain records on approved enterprises based on their areas of activity. The information is public and shall be published on the website of the supervisory agency.

 (6) The supervisory agency shall submit information concerning the approved enterprises to the European Commission and to the Member States on the basis of the information maintained and in accordance with the requirements established in the legislation of the European Union.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 19².  Suspension of decision to approve

 (1) If an approved enterprise fails to conform to the requirements or the conformity of activities cannot be ensured there, the head of a supervisory agency or a supervisory official authorised by the head has, on the proposal of the supervisory official who exercised supervision over the enterprise, the right to suspend the decision of approval:
 1) until the circumstances of a violation of this Act or legislation established on the basis thereof are ascertained or
 2) until a precept of the supervisory official is complied with if, in the opinion of the supervisory official, animals cannot be kept as required or the conformity or harmlessness of animals products cannot be ensured in the enterprise due to the circumstances temporarily prevailing in the enterprise.

 (2) If a decision to approve an enterprise has been suspended, the keeping of animals or the handling of products of animal origin and embryos in the enterprise shall be terminated immediately after becoming aware of the decision to suspend the decision to approve.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (3) The validity of a decision to approve shall be restored and the keeper or handler of animals has the right to continue the activity permitted by the decision, if the keeper or handler of animals has eliminated the circumstances that caused the suspension of the decision to approve and the decision to suspend the decision to approve has been revoked.

 (4) A decision to suspend a decision to approve and a decision to revoke the specified decision shall be communicated to the keeper or handler of animals against signature or sent by post with notice of delivery. A decision to approve an enterprise is deemed to be suspended and the approval of the enterprise is deemed to be restored as of the date of entry of the corresponding information in the register of farm animals.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

§ 19³.  Revocation of decision to approve

 (1) A decision to approve shall be revoked if:
 1) the approved enterprise fails to conform to the requirements or the conformity of activities cannot be ensured there;
 2) in the opinion of a supervisory official, animals cannot be kept as required, aquaculture animals cannot be slaughtered or the conformity or harmlessness of products of animal origin cannot be ensured in the enterprise due to the circumstances permanently prevailing in the enterprise and if, as a result thereof, a hazard to the health of persons or animals exists;
[RT I 2009, 64, 422 - entry into force 01.01.2010]
 3) the activity that was the basis for the approval has been terminated in the enterprise;
 4) the keeper or handler of animals has submitted a corresponding application.

 (2) A supervisory official exercising supervision over an enterprise shall make a proposal to revoke a decision to approve to the head of the supervisory agency or a supervisory official authorised by the head, who has the right to revoke the decision of approval of the enterprise. A decision to revoke a decision to approve shall be communicated to the keeper or handler of animals against signature or sent by post with notice of delivery.

 (3) If the decision to approve and enterprise has been revoked, the activities on which the approval was based shall be terminated immediately.

 (4) A decision to approve an enterprise is deemed to be invalid as of the date of entry of the corresponding information in the register of farm animals.

 (5) A keeper or handler of animals may re-apply for approval if the circumstances on which the revocation of the decision to approve was based are eliminated.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

Division 7 [Repealed – RT I 2004, 34, 236 – entry into force 01.05.2004] 

Division 8 [Repealed – RT I 2007, 70, 428 – entry into force 01.01.2008] 

Division 9 Zoonoses and Food-Borne Outbreaks 
[RT I 2005, 37, 286 - entry into force 01.07.2005]

§ 29¹.  Zoonosis

 (1) "Zoonosis" means any disease or infection which is naturally transmissible directly or indirectly between animals and humans. The provisions concerning infectious animal diseases apply to zoonoses.

 (2) "Zoonotic agent" means any virus, bacterium, fungus, parasite or other biological entity which is likely to cause a zoonosis.
[RT I 2005, 37, 286 - entry into force 01.07.2005]

§ 29².  Monitoring of zoonoses

 (1) "Monitoring of zoonoses" means a system of collecting, analysing and disseminating data on the occurrence of zoonoses, zoonotic agents and drug resistance related thereto.

 (2) For the purposes of this Act, "drug resistance" means the ability of microorganisms of certain species to survive or even to grow in the presence of a given concentration of an antimicrobial agent, which is usually sufficient to inhibit or kill microorganisms of the same species.
[RT I 2005, 37, 286 - entry into force 01.07.2005]

§ 29³.  Organisation of monitoring zoonoses

 (1) The Veterinary and Food Board shall organise the monitoring of zoonoses.

 (2) Upon organisation of monitoring zoonoses, the Veterinary and Food Board shall cooperate with the Health Board concerning the epidemiology of zoonoses transmissible between humans.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (3) The requirements for organisation of monitoring zoonoses shall be established by the Minister of Agriculture.

§ 29⁴.  Food-borne outbreaks

 (1) For the purposes of this Act, "food-borne outbreak" means an incidence, observed under given circumstances, of two or more human cases of the same disease or infection, or a situation in which the observed number of cases exceeds the expected number and where the cases are linked, or are probably linked, to the same food source.

 (2) Epidemiological investigation of food-borne outbreaks shall be conducted by the Health Board on the basis of the Communicable Diseases Prevention and Control Act and the Veterinary and Food Board on the basis of this Act and the Food Act.
[RT I 2009, 49, 311 - entry into force 01.01.2010]

 (3) The Health Board shall prepare a summary report on the results of epidemiological investigations of food-borne outbreaks conducted during the previous calendar year and shall submit the report to the Veterinary and Food Board by March 31 each year.
[RT I 2009, 49, 311 - entry into force 01.01.2010]

 (4) The list of information contained in the report specified in subsection (3) of this section shall be established by the Minister of Agriculture.

 (5) The epidemiological investigation of a food-borne outbreak shall provide data on the epidemiological profile, the foodstuffs potentially implicated and the potential causes of the outbreak. The epidemiological investigation of a food-borne outbreak shall include, as far as possible, adequate microbiological studies.

 (6) The Minister of Agriculture may establish more specific requirements for the investigation of food-borne outbreaks.
[RT I 2005, 37, 286 - entry into force 01.07.2005]

§ 29⁵.  Obligations of food business operators

 (1) For the purposes of monitoring, food business operators shall carry out investigations for the presence of zoonoses and zoonotic agents in accordance with the requirements established on the basis of subsection 29³ (3) of this Act, keep the investigation results, arrange for the preservation of any relevant isolated zoonotic agents (hereinafter isolate) for a specified period, and communicate investigation results or provide isolates to the relevant authority specified in subsection 29³ (2) of this Act on request.

 (2) If a food business operator submits information to the supervisory agency pursuant to Article 19(3) of Regulation No 178/2002/EC of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety OJ L 31, 1.2.2002, pp. 1–24), the operator shall preserve the relevant food or sample thereof in order to enable it to be investigated in a laboratory or the epidemiological investigation of a food-borne outbreak.

 (3) For the implementation of subsection (1) of this section, the Minister of Agriculture may establish more specific requirements for food business operators for the conducting of investigations, for the preservation of the results thereof as well as isolates and for presentation of the results and isolates to the relevant authority.
[RT I 2005, 37, 286 - entry into force 01.07.2005]

Chapter 3 LABORATORY TESTING OF INFECTIOUS ANIMAL DISEASES 

§ 30.  Agencies engaged in laboratory testing of infectious animal diseases

 (1) Laboratory diagnosis of infectious animal diseases and testing of samples taken during veterinary supervision operations is permitted in laboratories specified in subsection 5 (5) of the Veterinary Activities Organisation Act.

 (2) The Veterinary and Food Laboratory shall ensure that the laboratory tests prescribed in the National Infectious Animal Disease Control Programme are carried out to the extent and within the terms set out by the Veterinary and Food Board.

 (3) In the event of suspicion or an outbreak of an infectious animal disease, the Veterinary and Food Laboratory shall, on the basis of an order of the Veterinary and Food Board, ensure that laboratory tests are carried out, and shall dispatch specialists.

§ 31.  Isolating and cultivating pathogens of animal disease for research purposes

 (1) A pathogen causing a certain animal disease may be isolated or cultivated for research purposes by a research or development institution that complies with the Research and Development Organisation Act, uses a laboratory corresponding to the requirements of the biosafety category of the pathogen and holds the relevant license.

 (2) The Minister of Agriculture shall decide the granting of a license to isolate and cultivate a pathogen causing an animal disease (hereinafter license). In order to obtain the license, a research and development institution shall submit an application to the Minister of Agriculture along with the relevant information and documents.

 (3) The list of the pathogens causing animal diseases, which require a license for isolation or cultivation for research purposes, the detailed biosafety requirements for laboratories used for conducting such research, the list of information to be given in a license application, the list of documents to be annexed to the application and the procedure for processing applications shall be established by the Minister of Agriculture.

 (4) The Minister of Agriculture may refuse to grant a license if it becomes evident that false information has been knowingly given upon applying for a license or if it follows from the submitted information and documents that the requirements provided for in subsection (3) of this section cannot be fulfilled.

 (5) The granting of or refusal to grant a license shall be decided within 20 working days as of the date of receipt of the application.

 (6) If the requirements provided for in subsection (3) of this section are not followed in a research and development institution, the Minister of Agriculture may set a term for elimination of deficiencies or suspend the validity of the license in full or in part. The respective activities in the laboratory shall be terminated as of learning of the suspension of validity. The validity of the license shall be restored if the circumstances that caused the suspension of the validity of the license have been eliminated and the decision to suspend the license has been revoked.

 (7) The Minister of Agriculture may revoke a decision to grant a license on the grounds provided for in the Administrative Procedure Act or if the holder of the licence:
 1) has submitted the respective request;
 2) has knowingly submitted false information or forged documents upon applying for the license;
 3) has not eliminated the deficiencies within the term set in accordance with subsection (6) of this section or, due to the permanent circumstances prevailing in the laboratory, is unable to follow the requirements established in this Act and in the legislation adopted on the basis of this Act;
 4) does not allow for exercising supervision over the fulfilment of the requirements provided for in this Act.

 (8) The research and development institution shall immediately inform the Minister of Agriculture about a change of the conditions that existed at the time of issuing the license and about reorganisations, sending a respective written notice to the Minister.

 (9) A decision to grant, refuse to grant, suspend or revoke a license shall be delivered to the person by mail or electronically within three working days as of the date of making the decision.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 32.  [Repealed – RT I 2001, 3, 4 – entry into force 01.07.2001]

Chapter 4 PREVENTION OF SPREAD OF INFECTIOUS ANIMAL DISEASES AND ERADICATION OF OUTBREAKS 

Division 1 Measures in Event of Threat and Suspicion of Infectious Animal Disease 
[RT I 2004, 19, 135 - entry into force 01.04.2004]

§ 32¹.  Threat of infectious animal disease

 (1) A threat of an infectious animal disease means the large-scale spread of an especially dangerous infectious animal disease in a Member State of the European Union or the neighbouring states of Estonia and if, as a result of the risk analysis, the threat that the infectious animal disease spreads to the territory of Estonia has become evident or if the protection zone or surveillance zone established in the neighbouring state extends to the territory of Estonia.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

 (2) In the event of a threat of an infectious animal disease, the Veterinary and Food Board may take the measures applied in the event of suspicion or outbreak of an infectious animal disease pursuant to the results of the risk analysis of the threat of the occurring infectious animal disease.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

 (3) In the event of a threat of an infectious animal disease, the Veterinary and Food Board shall inform the population via the mass media of the need to take relevant measures for controlling the infectious animal disease.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

§ 33.  Suspicion of infectious animal disease

  Depending on the nature of a pathogen, suspicion of an infectious animal disease is deemed to have arisen if clinical symptoms characteristic to the disease occur in one or more animals, or on the basis of autopsy findings or the results of laboratory testing, or due to direct or indirect contact with an infected herd or animal. Suspicion of an infectious animal disease shall be raised by a veterinarian and decided by a supervisory official.
[RT I 2001, 93, 566 - entry into force 01.01.2002]

§ 34.  Suspicion of occurrence of pathogens causing infectious animal diseases in products of animal origin

  Suspicion of the occurrence of pathogens causing infectious animal diseases in a product of animal origin is deemed to have arisen on the basis of a decision of a supervisory official if, according to the data known to the official, the product may contain or be contaminated by pathogens.

§ 35.  Measures to be applied in event of suspicion of infectious animal disease

 (1) Measures to be applied in the event of suspicion of an infectious animal disease shall be established in the rules for the control of the infectious animal disease.

 (2) In the event of suspicion of an infectious animal disease, an authorised veterinarian or supervisory official servicing the area shall be promptly called in order to diagnose the disease clinically, take the necessary samples, carry out epidemiological investigation and apply measures necessary to prevent the spread of the infectious animal disease.

 (3) In the event of suspicion of an infectious animal disease, the supervisory official or authorised veterinarian who performs the ante-mortem or post-mortem inspection of animals that have been brought to a slaughterhouse shall organise the isolation of the suspect animals and derived products, suspend the processing of the animals, products of animal origin and derived products, and take measures to prevent the spread of the infectious animal disease.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (4) A veterinarian shall inform a keeper of animals or a handler of products of animal origin of the dangers resulting from an infectious animal disease and provide guidelines for the prevention of the spread of the suspected infectious animal disease.

 (5) After receiving a notice concerning suspicion of an infectious animal disease, the head of the local office of the Veterinary and Food Board shall, if necessary, establish restrictions on the herd, enterprise or area until a diagnosis has been clarified.

 (6) A supervisory official shall notify a keeper of animals of the establishment of restrictions by mail with a notice of delivery or against signature.

 (7) A supervisory official shall inform a keeper of animals or a handler of products of animal origin of operations carried out with the animals or products of animal origin, in a livestock building or facility or in an enterprise handling products of animal origin, which belong to the keeper or the handler.
[RT I 2002, 96, 566 - entry into force 01.01.2003]

§ 36.  Withdrawal of suspicion of infectious animal disease

 (1) A decision to revoke restrictions established upon suspicion of an infectious animal disease shall be made by the head of a local office of the Veterinary and Food Board on the basis of the results of laboratory testing or a decision of the committee specified in subsection 37 (3) of this Act if these preclude the outbreak of the infectious animal disease.

 (2) The head of a local office of the Veterinary and Food Board shall notify a keeper of animals or a handler of products of animal origin of the withdrawal of suspicion of an infectious animal disease by post with advice of delivery or against a signature within twenty-four hours after making the decision.
[RT I 2002, 96, 566 - entry into force 01.01.2003]

§ 37.  Diagnosis of infectious animal disease

 (1) An infectious animal disease shall be diagnosed by a veterinarian on the basis of the epidemiological situation, clinical symptoms, autopsy findings and the results of laboratory testing.

 (2) If necessary, diagnostic slaughter of animals may be carried out for the purposes of taking samples. Diagnostic slaughter means the killing of an animal in order to verify the suspicion of an infectious animal disease using the permitted means of stunning and killing and the permitted stunning and killing methods. Heads of local offices of the Veterinary and Food Board and supervisory officials authorised by them have the right to designate animals for diagnostic slaughter. The head of a local office of the Veterinary and Food Board or a supervisory official authorised by him or her shall notify a keeper of animals by post with advice of delivery or against a signature of a decision to designate an animal for diagnostic slaughter.

 (3) In the case of infectious animal diseases subject to notification, the infectious animal disease shall be officially diagnosed by the head of a local office of the Veterinary and Food Board or a supervisory official authorised by him or her, on the basis of the clinical symptoms, autopsy findings, epidemiological data or the results of laboratory testing of the infectious animal disease, or by a committee of experts appointed by the Veterinary and Food Board, on the basis of clinical symptoms, autopsy findings and epidemiological data.

 (3¹) Upon clinical diagnosis and laboratory analysis of an infectious animal disease and taking the necessary samples, the supervisory officials of the Veterinary and Food Board, authorised veterinarians and specialists of the laboratory diagnosing the infectious animal disease shall comply with the requirements provided for in the legislation of Estonia and the European Union and, in the absence of such requirements, with the principles, methods, recommendations and instructions developed by the International Office of Epizootics.

 (4) In the case of an especially dangerous infectious animal disease, the official diagnosis of the disease shall be confirmed by the Veterinary and Food Board.

 (5) In order to diagnose an infectious animal disease, the Veterinary and Food Board and the Veterinary and Food Laboratory have the right to send samples to the approved laboratories of foreign states or to international reference laboratories.
[RT I 2004, 19, 135 - entry into force 01.04.2004; 1.05.2004]

Division 2 Notification of Suspicion or Outbreak of Infectious Animal Disease 

§ 38.  Infectious animal diseases subject to notification or registration

 (1) Supervisory officials, authorised veterinarians, veterinarians, veterinary laboratories and other persons shall promptly notify a local office of the Veterinary and Food Board of suspicion or a diagnosis of an infectious animal disease subject to notification.

 (2) Cases of diagnosis of an infectious animal disease subject to registration shall be registered and a local office of the Veterinary and Food Board shall be notified thereof pursuant to the procedure for regular reporting unless otherwise provided by the rules for the control of the infectious animal disease.

 (3) All especially dangerous infectious animal diseases, infectious animal diseases dangerous to humans and infectious animal diseases which have never been diagnosed in Estonian animal populations or which have not been diagnosed in Estonia for an extended period of time are infectious animal diseases subject to notification.

 (4) The list of infectious animal diseases which are subject to notification or registration shall be established by the Minister of Agriculture.

§ 39.  Obligations of veterinarians upon notification of suspicion or diagnosis of infectious animal disease

 (1) In the case of suspicion of an infectious animal disease subject to notification, a veterinarian is required to notify immediately a supervisory official or authorised veterinarian, and the keeper of the animals.

 (2) The requirements for the content and format of a notice of an infectious animal disease to be submitted to the head of a local office of the Veterinary and Food Board and the procedure for submission of the notice shall be established by the Director General of the Veterinary and Food Board.

§ 40.  Obligations of heads of local offices of Veterinary and Food Board upon notification of suspicion or diagnosis of infectious animal disease

 (1) The head of a local office of the Veterinary and Food Board is required to immediately notify the Director General of the Veterinary and Food Board, or, in their absence, the Deputy Director General, and the heads of other local offices of the Veterinary and Food Board in the neighbouring areas, of suspicion and a diagnosis of an infectious animal disease subject to notification. The head of the local office of the Veterinary and Food Board is required to immediately notify the local agency of the Health Board of a diagnosis of a zoonosis or zoonotic agent subject to notification.

 (2) The head of a local office of the Veterinary and Food Board shall submit a report on the registration of infectious animal diseases within the territory under their supervision to the Veterinary and Food Board and a report on the registration of zoonoses within the territory under their supervision to the local agency of the Health Board. The procedure for the submission of reports shall be established by the Director General of the Veterinary and Food Board.
[RT I 2009, 49, 331 - entry into force 01.01.2010]

§ 41.  Tasks of laboratories upon notification of suspicion or diagnosis of infectious animal disease

 (1) The laboratories listed in subsection 5 (5) of the Veterinary Activities Organisation Act are required to notify promptly the Director General of the Veterinary and Food Board, or in his or her absence the Deputy Director General, and the head of the local office of the Veterinary and Food Board in whose territory of supervision the tested material originated of a suspicion or laboratory diagnosis of an infectious animal disease subject to notification. The requirements for the content and format of the notice to be submitted and the procedure for submission of the notice shall be established by the Minister of Agriculture.

 (2) The notification obligation is in force regardless of whether the material was brought for testing within the framework of the National Infectious Animal Disease Control Programme, for diagnostic testing or for the self-checking of an enterprise.

 (3) A laboratory specified in subsection (1) of this section shall notify the Veterinary and Food Board of a laboratory diagnosis of an infectious animal disease subject to registration, pursuant to the procedure for regular reporting unless otherwise prescribed by the rules for the control of the infectious animal disease. The requirements for the content and format of the notice to be submitted and the procedure for submission of the notice shall be established by the Minister of Agriculture.

 (4) Laboratories inspecting the safety and quality of the products of enterprises which handle products of animal origin are required to notify the Veterinary and Food Board of the isolation of pathogens which cause infectious animal diseases subject to notification or registration or of suspicion of the occurrence of such pathogens in raw material or products, pursuant to subsections (1)–(3) of this section.

 (5) Science laboratories which, in the course of research, diagnose an infectious animal disease subject to notification or registration shall notify the Veterinary and Food Board thereof pursuant to subsections (1)–(3) of this section.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

§ 42.  Obligations of Veterinary and Food Board upon notification of infectious animal diseases

 (1) The Veterinary and Food Board shall notify international veterinary organisations, the Commission and competent agencies of Member States of the European Union and the neighbouring states of Estonia of the outbreak of an infectious animal disease subject to international notification and the establishment and removal of restrictions related to the control of an infectious animal disease. The notification shall be given pursuant to the Council Directive 82/894/EEC on the notification of animal diseases within the Community (OJ L 378, 31.12.1982, pp. 58‑62) and the provisions of the corresponding Decisions of the Commission established on the basis of the Directive and the requirements of the International Office of Epizootics.

 (2) [Repealed – RT I 2004, 19, 135 – entry into force 01.04.2004]

 (3) The Veterinary and Food Board shall submit to the Commission every year by May 31 a report on trends and sources of zoonoses, zoonotic agents and drug resistance related thereto and food-borne outbreaks registered during the previous calendar year.

 (4) Requirements for the information to be presented in the report specified in subsection (3) of this section shall be established by the Minister of Agriculture.
[RT I 2005, 37, 286 - entry into force 01.07.2005]

§ 42¹.  Obligations of Health Board upon notifying of zoonoses
[RT I 2009, 49, 331 - entry into force 01.01.2010]

 (1) A local agency of the Health Board is required to give notice of the diagnosis of zoonoses in humans to the local office of the Veterinary and Food Board, which exercises supervision in the territory where the zoonosis has been diagnosed.
[RT I 2009, 49, 331 - entry into force 01.01.2010]

 (2) The list of zoonoses subject to notification and the formal requirements for the relevant notices and the procedure for the submission thereof to local offices of the Veterinary and Food Board shall be established by the Minister of Social Affairs with the approval of the Minister of Agriculture.
[RT I 2001, 93, 566 - entry into force 01.01.2002]

Division 3 Infectious Animal Disease Control 

§ 43.  Infectious animal disease control rules

 (1) The infectious animal disease control rules shall lay down requirements regarding measures for prevention and control of infectious animal diseases, including regarding handling products derived from diseased animals usually in the event of an extremely dangerous infectious animal disease and another animal disease the requirements of whose prevention and control have been set out in the relevant legislation of the European Union.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (2) The infectious animal disease control rules shall be established by the Minister of Agriculture.

 (3) The control of transmissible spongiform encephalopathies shall be conducted in accordance with Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 147, 31.05.2001, pp. 1-40). If a slaughterhouse uses a system for prevention of contamination between carcasses, the Veterinary and Food Board may, upon application of disease control measures in the event of examination of the carcass of a bovine animal and in the event of a positive or unclear result of an examination of bovine spongiform encephalopathy, apply the specification provided for in point 6.5 of Part I of Chapter A of Annex III of Regulation (EC) No. 999/2001 of the European Parliament and of the Council
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 43¹.  Preventive vaccination

 (1) The preventive vaccination of animals may be used as a measure for prevention of animal diseases (hereinafter preventive vaccination) if the infectious animal disease control rules do not prohibit the preventive vaccination of animals.

 (2) Keepers of animals shall preventively vaccinate their dogs and cats against rabies.

 (3) A domestic animal not specified in subsection (2) of this section shall be preventively vaccinated by the keeper if it has been prescribed in the infections animal disease control rules.

 (4) A keeper of animals who keeps, for commercial purposes, a domestic animal specified in subsection (3) which is subject to the preventive vaccination, shall draw up a written vaccination programme in accordance with the infectious animal disease control rules and submit it to the Veterinary and Food Board.

 (5) The Veterinary and Food Board shall verify the compliance of a vaccination programme with the requirements and make a decision to approve or to refuse to approve the preventive vaccination programme within 20 working days as of the receipt of the programme.

 (6) The Veterinary and Food Board shall make a decision to refuse to approve a preventive vaccination programme if the programme does not comply with the requirements established in the infectious animal disease control rules.

 (7) In the event of compulsory preventive vaccination, keepers of animals shall follow the requirements provided for in the infectious animal disease control rules. In addition, keepers of animals specified in subsection (4) of this section shall follow the preventive vaccination programme approved by the Veterinary and Food Board.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 43².  Emergency vaccination

 (1) If an infectious animal disease has been officially diagnosed and as a result of an epidemiological analysis it becomes evident that the disease may spread widely, vaccination may be used as an emergency measure for controlling the spread of the disease (hereinafter emergency vaccination).

 (2) The Veterinary and Food Board shall decide on and organise the emergency vaccination in accordance with the rules of emergency vaccination provided for in the infectious animal disease control rules.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 43³.  Infectious animal disease control programme

 (1) An infectious animal disease control programme is a detailed plan for prevention of animal diseases and control procedures.

 (2) An infectious animal disease control programme shall contain at least the following information:
 1) an overview of the occurrence and spread of an animal disease in Estonia;
 2) the reasons and objectives of introducing the programme such as identification of the occurrence of the infectious animal disease or absence thereof, identification of the characteristics of and changes in the occurrence of the disease, getting the spread of the disease under control, liquidation of the disease and attainment of a disease-free status;
 3) the deadline of implementation of the programme estimated for attainment of the objectives of the programme;
 4) the results expected by the deadline of implementation of the programme and, in the event the programme is multi-annual, the results expected by the end of the coming years;
 5) geographically limited region (hereinafter geographical region), zone, area or herd covered by the programme;
 6) measures to be taken for attainment of the objectives of the programme;
 7) the principles of state supervision to be exercised over the implementation of the programme;
 8) infectious disease status of the geographical region, zone, area or herd covered by the programme, the requirements for identifying the infectious disease status and the studies carried out to that end;
 9) code of conduct in the event an infected animal or herd is detected in the course of a study carried out in the framework of the programme;
 10) description of measures to be taken in the event of suspension of the infectious disease-free status.

 (3) If necessary, more detailed requirements regarding the information to be submitted in an infectious animal disease control programme and the requirements for identifying the infectious disease status of the geographical region, zone, area or herd shall be set out in the relevant infectious animal disease control rules or in the legislation of the European Union.

 (4) An infectious animal disease control programme regarding an extremely dangerous infectious animal disease and the animal disease specified in a list established on the basis of subsection 55 (3) of this Act and such an infectious animal disease whereby, in the estimate on the Veterinary and Food Board, it is necessary to identify the infectious disease status (hereinafter national control programme) shall, in the event provided for in the legislation of the European Union or if necessary, be drafted and established and the implementation of the programme shall be organised by the Veterinary and Food Board.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (5) An infectious animal disease control programme regarding an infectious animal disease other than the ones specified in subsection (4) of this section (hereinafter other control programme) may be drafted by a keeper of animals, farmers’ association or another person. Another control programme shall comply with the requirements provided for in clauses 1)-6), 8) and 9) of subsection (2) of this section, be in compliance with the relevant infectious animal disease control rules, the legislation of the European Union and the principles, methods, recommendations and guidelines of the International Office of Epizootics.

 (6) Another control programme shall be submitted to the Veterinary and Food Board for approval and the Board shall verify its compliance with the requirements established in subsection (5) of this section.

 (7) The approval or non-approval of another control programme shall be decided within 20 working days after the date of submission of the programme for approval.

 (8) The expenses relating to the implementation of the national control programme shall be covered from the state budget. Expenses relating to the implementation of another control programme shall be covered by the person implementing the programme.
[RT I 2009, 64, 422 - entry into force 01.01.2011]

§ 44.  Contingency plan for control of infectious animal diseases

 (1) The contingency plan for the control of infectious animal diseases (hereinafter contingency plan) is a detailed plan of control measures to be applied upon the outbreak of an especially dangerous infectious animal disease in order to eradicate the disease quickly and efficiently. If, according to the assessment of a supervisory agency, a contingency plan must be prepared to efficiently eradicate an infectious animal disease and prevent the spread of the disease or a contingency plan is prescribed in the infectious animal disease control rules established pursuant to § 43 of this Act, the contingency plan shall be prepared and applied also to eradicate an infectious animal disease not specified in the list of especially dangerous infectious animal diseases.

 (2) The Veterinary and Food Board shall prepare the contingency plan and shall be responsible for the accuracy of the plan. The contingency plan shall be approved by the Director General of the Veterinary and Food Board. The contingency plan shall be published by the Veterinary and Food Board on its website.

 (3) The contingency plan shall contain the following parts:
[RT I 2009, 64, 422 - entry into force 01.01.2010]
 1) the formation of a national infectious animal disease control committee;
 2) a list of local infectious animal disease control committees;
 3) detailed information concerning the persons involved in infectious animal disease control, including their qualifications and obligations;
 4) the possibilities for the local infectious animal disease control committees to contact persons involved in infectious animal disease control;
 5) the equipment and materials necessary for proper application of measures for infectious animal disease control and a list of disinfectants to be used;
[RT I 2009, 64, 422 - entry into force 01.01.2010]
 6) detailed instructions for action to be taken in the event of an outbreak of an infectious animal disease, including for cleaning and disinfection and for disposal of carcases;
[RT I 2009, 64, 422 - entry into force 01.01.2010]
 7) [Repealed – RT I 2009, 64, 422 – entry into force 01.01.2010]
 8) the laboratories involved in infectious animal disease control and their facilities, measures to maintain the skills of the laboratories, and facilities for the rapid transportation of samples taken for laboratory testing;
 9) the quantities of vaccines necessary to control particular infectious animal diseases and the sources of supply of the products;
 10) the principles of co-operation between different administrative agencies in eradication of infectious animal diseases.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

 (4) If necessary, more detailed requirements regarding information to be given in a contingency plan shall be set out in the relevant infectious animal disease control rules.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

 (5) The Veterinary and Food Board shall organise professional training in implementation of contingency plans for the purpose of preservation of the practical skills required for controlling infectious animal diseases and for preservation of cooperation between various state authorities and local authorities.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 45.  [Repealed – RT I 2009, 64, 422 – entry into force 01.01.2010]

§ 45¹.  Restrictions in event of suspicion and outbreak of infectious animal disease

 (1) In the event of suspicion or diagnosis of an infectious animal disease, the Veterinary and Food Board may, for the purpose of controlling the spread of the infectious animal disease, impose the following restrictions provided for in the infectious animal disease control rules or in the relevant legislation of the European Union or in the principles, methods, recommendations and guidelines of the International Office of Epizootics:
 1) restriction on the carriage of animals susceptible to infectious animal diseases and other animals and on the carriage and handling of products derived from these animals;
 2) restriction on the carriage and handling of feedingstuffs, litter, waste, equipment and other objects or materials carrying infection, on the movement of people and trucks and on other relevant activities.

 (2) In addition to the restrictions provided for in subsection (1) of this section, an animal may be designated for slaughter or killing and equipment or other objects, feedingstuffs, packaging materials, milk and eggs carrying infection may be designated for destruction.

 (3) The Veterinary and Food Board shall decide on the imposition of the restrictions provided for in subsections (1) and (2) of this section, taking into account the results of the risk analysis and determining the scope of application of the restriction. In the event of designation of an animal for slaughter or killing, the designated stunning and killing instrument and the designated stunning and killing method shall be determined.

 (4) The Veterinary and Food Board shall decide on the termination of the restriction on the basis of the results of a risk analysis carried out following the last disease case or disinfection, but not before the expiry of the term specified in the relevant infections animal disease control rules.

 (5) The decision specified in subsections (3) and (4) of this section shall be delivered to the keeper of animals by post or against signature without delay, but not later than on the third working days after making the decision.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 45².  Differences of imposition of restrictions

 (1) In the event specified in the relevant infectious animal disease control rules, the Veterinary and Food Board may, based on the results of a risk analysis, decide on the differences of the imposition of the restrictions established on the basis of subsections 45¹ (1) and (2) of this Act, specifying the scope of application of the difference.

 (2) At the request of the supervisory agency specified in subsection 51 (2) of this Act, a person shall submit to the agency the decision specified in subsection (1) of this section or an officially certified transcript thereof.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 45³.  Measures for controlling infectious animal disease in event of suspicion and outbreak of infectious animal disease

 (1) In the event of suspicion or diagnosis of an infectious animal disease, the Veterinary and Food Board may, for the purpose of controlling the spread of the infectious animal disease, take the following measures provided for in the infectious animal disease control rules or in the relevant legislation of the European Union or in the principles, methods, recommendations and guidelines of the International Office of Epizootics:
 1) the biosafety measures specified in § 7¹ of this Act;
 2) marking the restricted territory and keeping account of the animals kept there;
 3) reorganisation of keeping animals, including grazing;
 4) marking animals;
 5) organisation of livestock buildings or facilities or an area enclosed for keeping animals;
 6) using relevant personal protection equipment;
 7) handling and transporting products of animal origin, animal by-products, derived products, and equipment, objects or materials carrying infection in a manner controlling the spread of the infection;
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]
 8) in the event of application of the difference specified in § 45² of this Act, drawing up a list of the persons and means of transport involved and taking measures relating to or necessary for imposing other restrictions or for taking biosafety measures.

 (2) The Veterinary and Food Board shall decide the taking of the measures provided for in subsection (1) of this section, taking into account the results of the risk analysis and establishing the scope of taking the measures along with a decision to impose the restriction specified in subsection 45¹ (3) of this Act, which shall be terminated on the grounds and within the term provided for in subsection (4) of the same section and which shall be delivered to the keeper of animals pursuant to the procedure and within the term specified in subsection (5) of the same section.

§ 46.  Measures in event of outbreak of especially dangerous infectious animal disease

 (1) In the event of an outbreak of an especially dangerous infectious animal disease:
 1) the outbreak site shall be quarantined;
 2) the protection zone around the outbreak site and the surveillance zone around the protection zone shall be determined;
 3) epidemiological investigation shall be conducted in order to ascertain the potentially infected area;
 4) a national and local infectious animal disease control committee shall be formed which shall direct all activities relating to eradication of the outbreak and prevention of the spread of the infectious animal disease.

 (2) In order to eradicate an especially dangerous infectious animal disease, the Veterinary and Food Board has the right, in addition to the provisions of § 45 of this Act, to:
 1) require supervisory officials and authorised veterinarians to carry out disease control activities also outside their territory of work;
 2) involve veterinarians who hold activity licences in proceedings;
 3) carry out necessary disease control activities without the attendance of a keeper of animals or handler of products of animal origin and without giving prior notice to the keeper or handler.

 (3) The measures specified in subsections (1) and (2) of this section shall be taken also in the case an infectious animal disease not specified in the list of especially dangerous infectious animal diseases if, according to the assessment of a supervisory agency, the measures are necessary in order to eradicate the infectious animal disease and prevent the spread of the disease or if so prescribed in the infectious animal disease control rules established pursuant to § 43 of this Act.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

§ 47.  Prevention and control of infectious animal diseases in wild animal populations

 (1) The prevention and control of infectious animal diseases in wild animal populations shall be organised by the Veterinary and Food Board in co-operation with the Environmental Inspectorate and natural and legal persons who hold hunting or fishing rights.

 (2) A veterinarian shall be immediately notified of a wild animal with symptoms of disease and of any attack by a wild animal.

 (3) The capture of wild animals for the purposes of resettlement in other areas or keeping in artificial conditions, and the resettlement of wild animals in other areas is permitted in compliance with the requirements provided by legislation and with the approval of the Veterinary and Food Board.
[RT I 2001, 93, 566 - entry into force 01.01.2002]

§ 48.  Local infectious animal disease control committees

 (1) After an especially dangerous infectious animal disease is officially diagnosed, a local infectious animal disease control committee shall be formed by the county governor on the proposal of the head of the local office of the Veterinary and Food Board.

 (2) A local infectious animal disease control committee shall consist of the representatives of the county government and local authority, the head and supervisory officials of the local office of the Veterinary and Food Board, a representative of the Veterinary and Food Laboratory whose official ranking is at least that of a chief specialist, an authorised veterinarian servicing the area of the outbreak site, a representative of the Police and Border Guard Board and a representative of the Rescue Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

 (3) The head of a local office of the Veterinary and Food Board shall direct the work of the local infectious animal disease control committee and the organisation of the work of the committee shall be established by the contingency plan for the control of infectious animal diseases.

 (4) The tasks of a local infectious animal disease control committee are to:
 1) conduct epidemiological investigation on the basis of § 52 of this Act;
 2) define protection zones and surveillance zones;
 3) coordinate, organise and monitor the application of infectious animal disease control measures.

§ 49.  National infectious animal disease control committee

 (1) After an especially dangerous infectious animal disease is officially diagnosed, a national infectious animal disease control committee shall be formed by the Minister of Agriculture on the proposal of the Director General of the Veterinary and Food Board.

 (2) A national infectious animal disease control committee shall consist of the Director General and supervisory officials of the Veterinary and Food Board, a representative of the Veterinary and Food Laboratory whose official ranking is at least that of chief specialist, the head of the local office of the Veterinary and Food Board of the infected area and representatives of the Police and Border Guard Board and the Rescue Board whose official ranking is at least that of the Deputy Director General. The Director General of the Veterinary and Food Board shall direct the work of the committee.
[RT I 2009, 62, 405 - entry into force 01.01.2010]

 (3) The tasks of the national infectious animal disease control committee are to:
 1) coordinate the application of control measures and analyse the results thereof;
 2) direct state resources allocated for the eradication of infectious animal diseases;
 3) engage in international co-operation to prevent further spread of an infectious animal disease;
 4) make proposals to the Minister of Agriculture for the resolution of issues to be resolved at the level of the Government of the Republic;
 5) [Repealed – RT I 2009, 64, 422 – entry into force 01.01.2010]

§ 50.  Procedure for establishment of quarantine, protection zones and surveillance zones

 (1) A quarantine is a prohibition established for a certain period of time on the removal of animals, products of animal origin, animal by-products, derived products, feedingstuffs, equipment and inventory from an outbreak site and a restriction on the movement of people on the outbreak site.
[RT I, 02.03.2011, 1 - entry into force 01.01.2011]

 (2) An outbreak site is a defined territory in which diseased or infected animals are present.

 (3) An enterprise or infected region shall be quarantined after the diagnosis of an especially dangerous infectious animal disease has been officially confirmed pursuant to § 37 of this Act.

 (4) On the proposal of the head of a local office of the Veterinary and Food Board, quarantine shall be established by a written order of the county governor which shall be served on the keeper of the animals or the owner of the enterprise against a signature; the public shall be notified of the order through the media.

 (5) On the proposal of the head of a local office of the Veterinary and Food Board, the protection zone and surveillance zone around an outbreak site shall be established by a written order of the county governor; the public shall be notified of the order through the media.

 (6) If necessary, the extent of a protection zone or surveillance zone shall be altered by a written order of the county governor pursuant to the procedure established in subsection (5) of this section.

 (7) A protection zone is a defined area around an outbreak site where restrictions on the movement of animals, products of animal origin, animal by-products, derived products and people are established and where extensive testing of animal species which are susceptible to the infectious animal disease is carried out in order to discover new outbreak sites in good time.
[RT I, 02.03.2011, 1 - entry into force 01.01.2011]

 (8) A surveillance zone is a defined area around a protection zone where restrictions on the movement of people and means of transport are established and where livestock is kept under increased veterinary supervision.

 (9) The requirements for quarantine, protection zones and surveillance zones shall be provided for in the rules for the control of the infectious animal disease or, in the absence thereof, in the requirements established by the Veterinary and Food Board.

 (10) Restrictions on an outbreak site apply as of the service of a written order on the keeper of animals.

 (11) Restrictions on protection zones and surveillance zones apply as of notification through the media.

§ 51.  Supervision of observance of restrictions imposed in event of outbreak of infectious animal disease

 (1) Supervision over compliance with measures established by a quarantine shall be exercised by the local offices of the Veterinary and Food Board.

 (2) Supervision over observance of restrictions on the movement of means of transport, animals and people on an outbreak site and in the protection zone and surveillance zone shall be exercised by the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

§ 52.  Determination of infected area

 (1) Upon the outbreak of an especially dangerous infectious animal disease, the local infectious animal disease control committee shall conduct epidemiological investigation in order to ascertain the possible causes of infection, the period between the time when the animal caught the infection and the time when the infection was discovered, the ways in which the infection is transmitted, contact herds and animals and, on the basis thereof, the potentially infected area.

 (2) A contact herd or animal is a herd or animal which has been in direct or indirect contact with an infected animal or herd at or after the time the infection was probably transmitted. Contact herds and animals are deemed to be suspected herds or animals and samples shall be taken from such herds or animals for laboratory testing.

§ 53.  Removal of quarantine and restrictions

 (1) Quarantine and restrictions shall be removed after the infectious animal disease has been eradicated and the rules for the control of such infectious animal disease or the requirements established by the Veterinary and Food Board have been complied with.

 (2) Restrictions shall be removed by the head of the local office of the Veterinary and Food Board.

 (3) On the proposal of the head of the local office of the Veterinary and Food Board, quarantine shall be removed by a written order of the county governor; the public shall be notified of the order through the media.

§ 54.  Infectious animal disease control in emergency situation

 (1) A wide and rapid spread of an especially dangerous infectious animal disease constitutes an emergency for the purposes of subsection 2 (1) of the Emergency Act.

 (2) If extensive measures need to be taken for the purpose of controlling the spread of an especially dangerous infectious animal disease and, as a result of taking the emergency measures provided for in this Act and in the Emergency Act, it is not possible to eliminate the threat or assist the victims with sufficient efficiency, the Minister of Agriculture shall, on the basis of a proposal of the national infectious animal disease control committee, make a proposal to the Government of the Republic to declare and emergency in accordance with the Emergency Act.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

Chapter 5 DAMAGE RELATING TO INFECTIOUS ANIMAL DISEASE CONTROL AND COMPENSATION FOR DAMAGE CAUSED BY INFECTIOUS ANIMAL DISEASES 
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 55.  Compensation of damage caused by infectious animal disease control

 (1) The following damage shall be compensated to keepers of animals in the events, pursuant to the procedure and at the rate provided for in this Act and in the relevant legislation of the European Union in accordance with the requirements provided for in subsection 3 (3) of the Rural Development and Agricultural Market Regulation Act:
 1) the value of an animal slaughtered on the basis of a precept, including diagnostically slaughtered, killed or deceased due to an infectious animal disease;
 2) the value of equipment, feedingstiffs, packaging materials, milk and eggs destroyed on the basis of a precept;

 (2) The damage specified in subsection (1) of this section shall be compensated out of the reserve of the Government of the Republic allocated from the state budget to that end, provided that the damage has been caused in connection with controlling an especially dangerous infectious animal disease or a certain not especially dangerous infectious animal disease.

 (3) The Minister of Agriculture shall establish the list of the infectious animal diseases specified in subsection (2) of this section that are not especially dangerous and whereby damage caused by infectious animal disease control, which has been specified in subsection (1) of this section, shall be compensated.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 56.  Support for compensation of damage relating to infectious animal disease control

 (1) A keeper of animals may apply for support for compensation of damage arising in connection of controlling the infectious animal disease specified in subsection 55 (2) of this Act and damage specified in subsection 55 (1) of this Act insofar as no insurance contract has been made for compensation of such damage (hereinafter support for compensation of infectious animal disease damage).

 (2) The amount of the damage specified in subsection 55 (1) of this Act shall be determined as follows:
 1) the book value of the animal, except for a breeding animal;
 2) in the event of a breeding animal for the purposes of subsection 4 (1) of the Farm Animals Breeding Act, the value of the breeding animal determined on the basis of an expert opinion;
 3) in the event of equipment, feedingstuffs, packaging materials, milk and eggs, their actual value.

 (3) The Veterinary and Food Board shall bear the expenses of involvement of the expert specified in clause 2) of subsection (2) of this section.

 (4) An expert shall:
 1) be independent;
 2) has at least two years of work experience in the field of veterinary medicine and knowledge in the field of breeding animals;
 3) has sufficient knowledge for carrying our expert assessment at the highest professional level.

 (5) The Minister of Agriculture shall establish requirements for expert opinions and the procedure for calculation of the value of animals, including breeding animals.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 57.  Application for support for covering damage caused by infectious animal disease

 (1) In order to get support for covering damage caused by an infectious animal disease, a keeper of animals shall submit and application to the Veterinary and Food Board (hereinafter application) within ten working days after slaughtering, including diagnostic slaughtering an animal or after killing an animal or after the death of an animal due to the infectious animal disease. A keeper of animals shall annex to the application the documents certifying the amount of the damage specified in subsection 55 (1) of this Act.

 (2) A keeper of animals who has entered into an insurance contract where the object of the contract is an animal, a breeding animal, equipment, feedingstuff, packaging material, milk or eggs that has or have been insured against the damage specified in subsection 55 (1) of this Act, shall indicate it in the application. The keeper of animals shall immediately inform the Veterinary and Food Board of the insurance indemnity paid to the keeper of animals under the insurance contract.

 (3) The time limit of proceedings arising from this Act shall not be restored.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 57¹.  Approval of application and refusal to approve application

 (1) The Veterinary and Food Board shall review the application and the documents annexed thereto and verify the correctness of the submitted information on the basis of relevant documents and databases.

 (2) An application shall not be refused if at least one of the following grounds of refusal to approve the application exists:
 1) an animal was slaughtered, including diagnostically slaughtered or killed or died in the course of an animal testing carried out for the purpose of scientific research of an infectious animal disease;
 2) an animal was slaughtered, including diagnostically slaughtered or killed without a relevant precept;
 3) an animal died before establishing any suspicion of an infectious animal disease or for a reason other than an infectious animal disease;
 4) the requirements of the Veterinary Supervision over Trade in, Import and Export of Animals and Products of Animal Origin Act regarding trading in animals and products of animal origin were not followed;
 5) an animal has not been identified or registered in accordance with the requirements provided for in § 11 of this Act;
 6) the applicant prevents exercising state supervision required for controlling an infectious animal disease or does not fulfil the requirements of a precept;
 7) the applicant has knowingly submitted false information or has otherwise submitted false information or influences the processing of the application by fraud or threat or in another unlawful manner;
 8) the equipment, feedingstuffs, packaging materials, milk or eggs were destroyed without an adequate precept;
 9) an insurance contract has been made for compensation of the damage specified in subsection 55 (1) of this Act.

 (3) The Veterinary and Food Board shall decide to approve an application or to refuse to approve an application within ten working days after receiving the application.

 (4) Within ten working days after approval of an application, the Veterinary and Food Board shall submit to the Minister of Agriculture information about the need for allocation of funds from the reserves of the Government of the Republic along with a detailed calculation and relevant budget and give reasons regarding the use of the funds. On the basis of this information the Ministry of Agriculture shall submit to the Ministry of Finance an application for payment of support for covering damage caused in the course of controlling an infectious animal disease.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 57².  Rate of support for covering damage caused by infectious animal disease, payment of support and refusal to pay support

 (1) Damage caused in connection with controlling an infectious animal disease shall be compensated for to the extent of up to 100%.

 (2) The Veterinary and Food Board shall distribute the state budget funds allocated for payment of support for covering damage caused in the course of controlling an infectious animal disease proportionally between keepers of animals based on the number of approved applications, taking into account the funds required for the support and shall calculate the amount of the support to be paid to the applicant. If the total amount of the support under the approved applications exceeds the funds allocated for payment of the support, the Veterinary and Food Board shall proportionally reduce the rate specified in subsection (1) of this section, taking into account the funds prescribed for payment of the support and following the principle of equal treatment of applicants.

 (3) Within 20 working days after the date of allocation or non-allocation of state budget funds from the reserves of the Government of the Republic for payment of support for covering damage caused in the course of controlling an infectious animal disease, the Veterinary and Food Board shall decide to pay or to refuse to pay the support. After the approval of the application, but before payment of the support it shall be decided to refuse to pay the support if there is at least one of the following grounds for refusal to pay the support:
 1) there are no funds for payment of the support;
 2) the grounds of refusal to pay the support shall be identified.

 (4) If an applicant for support for covering damage caused in the course of controlling an infectious animal disease has received an insurance indemnity for the damage specified in subsection 55 (1) of this Act, the Veterinary and Food Board shall respectively reduce the amount to be paid in support or leave the support unpaid.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 57³.  Partial coverage of damage relating to controlling infectious animal disease

  An application for the partial coverage of the damage specified in subsection 55 (1) of this Act in the events specified in the legislation of the European Union shall be submitted to the European Commission by the Veterinary and Food Board.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 58.  Recovery of support

  After payment of support for covering damage caused in the course of controlling an infectious animal disease, the Veterinary and Food Board shall demand that the recipient of the support refund the support in full or in part on the grounds, within the term and pursuant to the procedure provided for in § 42 of the Rural Development and Agricultural Market Regulation Act.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

Chapter 6 LIABILITY 

§ 58¹.  Failure to perform obligations of veterinarian
[RT I 2009, 64, 422 - entry into force 01.02.2010]

 (1) Failure to perform or defective performance of the obligations of a veterinarian is punishable by a fine of up to 200 fine units.
[RT I 2009, 64, 422 - entry into force 01.02.2010]

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58².  Violation of veterinary requirements for keeping of animals

 (1) Violation of the veterinary requirements for keeping animals is punishable by a fine of up to 200 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58³.  Failure to give notice of death of farm animal, widespread outbreak of animal disease or of attack by wild animal

 (1) Failure to give notice of the death of a farm animal, a widespread outbreak of an animal disease, widespread death of animals or of an attack by a wild animal is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58⁴.  Failure to comply with identification and registration requirement

 (1) Failure to comply or improper compliance with the animal identification and registration requirement is punishable by a fine of up to 200 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58⁵.  Violation of veterinary requirements for organisation of animal exhibitions, competitions, fairs, auctions and other public events involving bringing animals together or for movement of animals, including trade in animals

 (1) Violation of the veterinary requirements for the organisation of animal exhibitions, competitions, fairs, auctions and other public events involving bringing animals together or for the movement of animals, including trade in animals, is punishable by a fine of up to 200 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58⁶.  Violation of veterinary requirements for transport and handling of animals, products of animal origin, animal by-products and derived products
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (1) Violation of the veterinary requirements for the transport or handling of animals, products of animal origin, animal by-products and derived products is punishable by a fine of up to 200 fine units.
[RT I, 02.03.2011, 1 – entry into force 04.03.2011

 (2) The same act, if committed in a manner which endangers human health or the environment, is punishable by a fine of up to 300 fine units.

 (3) The act provided for in subsection (1) of this section, if committed by a legal person, is punishable by a fine of up to 2000 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (4) The act provided for in subsection (2) of this section, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58⁷.  [Repealed – RT I 2007, 70, 428 – entry into force 01.01.2008]

§ 58⁸.  Isolation and cultivation of pathogens of infectious animal diseases for research purposes without permit and violation of biosafety requirements

 (1) Isolation or cultivation of pathogens of infectious animal diseases for research purposes without permit or violation of the biosafety requirements of a laboratory used for isolating or cultivating pathogens of infectious animal diseases for research purposes is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58⁹.  Failure to comply with measures applicable in event of suspicion of infectious animal disease or for prevention of infectious animal disease and violation of infectious animal disease control rules

 (1) Failure to comply with the measures applicable in the event of suspicion of an infectious animal disease or for the prevention of an infectious animal disease, or violation of the infectious animal disease control rules is punishable by a fine of up to 300 fine units.

 (2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

§ 58¹⁰.  Proceedings

 (1) The provisions of the General Part of the Penal Code and of the Code of Misdemeanour Procedure apply to the misdemeanours provided for in §§ 58¹–58⁹ of this Act.

 (2) The Veterinary and Food Board or a court may, pursuant to § 83 of the Penal Code, apply confiscation of the animal or product of animal origin which was the direct object of commission of a misdemeanour in the events provided for in subsection 58⁶ (2) or (4) of this Act.

 (3) Extrajudicial proceedings concerning the misdemeanours provided for in §§ 58¹-58⁹ of this Act shall be conducted by the Veterinary and Food Board.
[RT I 2002, 63, 387 - entry into force 01.09.2002]

§ 59. – § 61¹. [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

Chapter 7 IMPLEMENTING PROVISIONS 

§ 62.  International agreements

  If the provisions of an international agreement differ from the veterinary requirements or requirements for cooperation and notification established in this Act or legislation arising therefrom, the provisions of the international agreement shall apply.

§ 63. – § 64. [Omitted from this text]

§ 64¹.  Registration and approval of enterprises in use

 (1) Livestock buildings and facilities and areas enclosed for keeping animals which are subject to registration and which are in use on 1 January 2002 shall be registered not later than by 1 January 2003.

 (2) Livestock buildings and facilities and areas enclosed for keeping animals which are subject to approval and which are in use at the time of entry into force of the relevant veterinary requirements established on the basis of subsection 7 (2) of this Act shall be registered not later than by 1 January 2003.

 (3) A person engaged in handling embryos at the time of the entry into force of the requirements established on the basis of subsection 7 (2²) of this Act, who has an embryo collection team approved on the basis of subsection 7 (2¹) of this Act, shall submit an application for approval of the embryo collection team not later than by 1 July 2003.

 (4) An enterprise which is approved to handle feedingstuffs for pets pursuant to subsection 17 (2) of this Act or to handle animal waste pursuant to subsection 19 (4) of this Act before 1 May 2004 is deemed to be approved to handle feedingstuffs for pets or animal waste, respectively, within the meaning of subsection 18¹ (2) of this Act and according to the requirements of Regulation No. 1774/2002/EC of the European Parliament and of the Council.
[RT I 2004, 19, 135 - entry into force 01.05.2004]

§ 64².  Registration in register of farm animals of information concerning approved slaughterhouses and enterprises where products of animal origin are handled

 (1) The Veterinary and Food Board shall transfer information concerning slaughterhouses and enterprises where products of animal origin are handled and which are approved before 31 March 2004 to the register of farm animals by 19 April 2004.

 (2) The authorised processor shall enter information concerning slaughterhouses and enterprises where products of animal origin are handled specified in subsection (1) of this section in the register of farm animals by 1 May 2004.

 (3) In order to specify the geographical coordinates of the location of an enterprise specified in subsection (1) of this section, the authorised processor has the right to make inquiries to the handler pursuant to the procedure prescribed in the statutes for maintenance of the register of farm animals.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

§ 64³.  Validity of veterinary certificates

  Veterinary certificates issued on the basis of § 29 of this Act before 1 May 2004 shall be valid until 30 April 2004.
[RT I 2004, 34, 236 - entry into force 01.05.2004]

§ 64⁴.  Validity of special permit issued for scientific research

  A special permit issued before 1 January 2010 for the scientific research of infectious animal diseases in the course of which a pathogen causing a dangerous infectious animal disease is isolated or cultivated shall remain in force until the expiry of the term indicated in the permit or until the special permit is revoked.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

§ 65.  Entry into force of Act

 (1) This Act shall enter into force on 1 January 2000, except for subsection 15 (1) which shall enter into force on 1 July 2002 and subsection 18 (1) which shall enter into force on 1 January 2003.

 (2) The veterinary requirements established on the basis of subsection 7 (2) of this Act enter into force on 1 January 2002 unless a later date of entry into force is prescribed when the requirements are established.

 (3) With regard to bovine animals entered in the register of farm animals before 1 January 2003, subsection 13 (4¹) of this Act shall enter into force as of 1 January 2004, except upon the export of such animals to a Member State or candidate state of the European Union.

 (4) Subsection 11 (2¹), subsections 18¹ (1)-(5), subsection 18² (3), § 18³, subsection 19¹ (7), subsection 37 (3¹), subsection 43 (3) and 64¹ (4) of this Act shall enter into force on 1 May 2004.

 (5) Section 17 and Division 6 of Chapter 2 of this Act shall remain in force until 1 May 2004.
[RT I 2004, 19, 135 - entry into force 01.04.2004]

¹Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine (OJ 121, 29.7.1964, pp. 1977–2012), amended by Directives 97/12/EC (OJ L 109, 25.4.1997, pp. 1–37); 98/46/EC (OJ L 198, 15.7.1998, pp. 22–39); 2000/15/EC (OJ L 105, 3.5.2000, pp. 34–35); 2000/20/EC (OJ L 163, 4.7.2000, pp. 35–36), 2006/104/EC (OJ L 363, 20.12.2006, pp. 352–367) and 2008/73/EC (OJ L 219, 14.08.2008, pp. 40–54), by Regulations (EC) No 535/2002 (OJ L 80, 23.03.2002, pp. 22–28), (EC) No 1226/2002 (OJ L 179, 09.07.2002, pp. 13–18), (EC) No. 21/2004 (OJ L 5, 09.01.2004, pp. 8–17) and (EC) No 1/2005 (OJ L 3, 05.01.2005, pp. 1–44) and Decisions 2001/298/EC (OJ L 102, 12.04.2001, pp. 63–68), 2007/729/EC (OJ L 294, 13.11.2007, pp. 26–35) and 2008/984/EC (OJ L 352, 31.12.2008, pp. 38–45); Council Directive 82/894/EEC on the notification of animal diseases within the Community (OJ L 378, 31.12.1982, p. 58–62), amended by Regulation (EC) No 807/2003 (OJ L 122, 16.05.2003, pp. 36 62) and Decision 2008/650/EC (OJ L 352, 31.12.2008, pp. 38-45); Council Directive 89/556/EEC on animal health conditions governing intra Community trade in and importation from third countries of embryos of domestic animals of the bovine species (OJ L 302, 19.10.1989, pp. 1–11), amended by Directives 90/425/EEC (OJ L 224, 18.8.1990, pp. 29–41), 93/52/EEC (OJ L 175, 19.7.1993, pp. 21–22) and 2008/73/EC (OJ L 219, 14.08.2008, pp. 40-54), Regulation (EC) No 806/2003 (OJ L 122, 16.05.2003, pp. 1 35) and Decisions 2006/60/EC (OJ L 31, 03.02.2006, pp. 24 26); Council Directive 91/68/EEC on animal health conditions governing intra Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, pp. 19–36), amended by Directives 2001/10/EC (OJ L 147, 31.5.2001, p. 41), 2003/50/EC (OJ L 169, 8.7.2003, pp. 51–66), 2006/104/EC (OJ L 363, 20.12.2006, pp. 352-367) and 2008/73/EC (OJ L 219, 14.08.2008, pp. 40 54), Regulation (EC) No 806/2003 (OJ L 122, 16.05.2003, pp. 1 35) and Decisions 2004/554/EC (OJ L 248, 22.07.2004, pp. 1 11) and 2005/932/EC (OJ L 340, 23.12.2005, pp. 68 69); Directive 2003/99/EC of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (OJ L 325, 12.12.2003, pp. 31–40), amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, pp. 352–367) and Regulation (EC) No 219/2009 (OJ L 87, 31.03.2009, pp. 109–154); Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ L 328, 24.11.2006, pp. 14–56), amended by Directive 2008/53/EC (OJ L 117, 01.05.2008, pp. 27–29); Council Directive 2008/71/EC on the identification and registration of pigs (OJ L 213, 08.08.2008, pp. 31–36); Council Directive 2008/73/EC simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC (OJ L 219, 14.08.2008, pp. 40–54), amended by Decision 2009/436/EC (OJ L 145, 10.06.2009, pp. 43–44). [RT I 2009, 64, 422 – entry into force 01.01.2010]