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Veterinary Activities Organisation Act

Passed 16.06.1999
RT I 1999, 58, 608
Entered into force in accordance with § 51

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

 (1) This Act provides the grounds for the organisation of veterinary activities.

 (2) Veterinary activities are a system of measures applied to protect animal and human health and to ensure the welfare of animals that includes activities in the areas of animal health, animal product hygiene and animal protection.

 (3) Veterinary activities are divided into veterinary supervision and veterinary practice.

 (3¹) Veterinary practice means activities in the field of treatment, prevention and diagnosis, including laboratory diagnosis, of animal diseases. Supervision activities performed by supervisory officials and authorised veterinarians are not veterinary practice. A person holding an activity licence of a veterinarian has the right to engage in veterinary practice.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (4) Veterinary services are services provided within the scope of veterinary activities.

 (5) The provisions of the Administrative Procedure Act apply to the administrative proceedings specified in this Act, taking account of the specifications provided for in this Act.
[RT I 2002, 61, 375 - entry into force 01.08.2002]

§ 2.  Animal and animal product

 (1) For the purposes of this Act, ‘animal’ means any mammal, bird, reptile, amphibian, fish or invertebrate living in artificial conditions or freely in the wild.

 (2) For the purposes of this Act, ‘farm animal’ means an animal kept or bred with the objective of producing animal products. For the purposes of this Act, equidae are also deemed to be farm animals.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3) For the purposes of this Act, ‘household pet’ means an animal kept with the objective of providing personal entertainment or company to humans or an animal intended to be kept with such objective.

 (4) Provisions concerning animals are also applied with regard to the sperm, ova and embryos of animals.

 (5) For the purposes of this Act, ‘product of animal origin’ means a product of animal origin specified in point 8.1 of Annex I to 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). ‘Handling of products of animal origin’ means the production, collection, processing and sale of products of animal origin, the transfer in any other manner of products of animal origin for a charge or without charge, the import and export of products of animal origin, or other activities as a result of which products of animal origin become available to other handlers or to consumers.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (6) For the purposes of this Act, ‘handler of products of animal origin’ means a person who operates in the areas of handling specified in subsection (5) of this section.

 (7) The provisions regulating products of animal origin also apply to animal by-products and derived products, unless otherwise provided for in 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). For the purposes of this Act, ‘animal by-products’ means the animal by-products specified in Article 3(1) of Regulation (EC) No. 1069/2009 of the European Parliament and of the Council. For the purposes of this Act, ‘derived products’ means products obtained from the animal by-products specified in n 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]

§ 2¹.  Veterinary requirements and attestation

 (1) For the purposes of this Act, ‘veterinary requirements’ means the requirements established for prevention and control of animal diseases, hygiene of products of animal origin and guaranteeing the well-being of animals with the aim to protect human life and health, and animal health.

 (2) If there is reason to believe that that an animal or a product of animal origin might be directly or indirectly harmful to human or animal health, a veterinary supervisory official or an authorised veterinarian with the relevant competence for control in whose territory of supervision the animal or the product of animal origin is located will certify by an animal health certificate the safety of the animal or the product of animal origin or the need to adhere to additional veterinary requirements.

 (3) The Veterinary and Food Board will determine, on the basis of previous risk assessments, the harmfulness to human and animal health specified in subsection (2) of this section and the need to issue an animal health certificate.

 (4) The list of information to be entered in an animal health certificate will be established by the Minister of Agriculture.

 (5) In the event of an animal or a product of animal origin intended for consumption, the keeper of the animal will confirm on the animal health certificate by their signature that the animal has not been treated with medicinal products or substances having a hormonal action or that the withdrawal period after the treatment has ended.

 (6) If an animal health certificate has been issued concerning an animal or a product of animal origin, the keeper of animals or handler of products of animal origin will, in the event of transfer of the animal from one herd to another or sending the animal to a slaughterhouse or sending the product of animal origin for further handling, forward the animal health certificate together with the animal or product of animal origin to the new keeper of animals or further handler.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

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

Chapter 2 STATE VETERINARY SUSPERVISION 

§ 4.  Main purposes of state veterinary supervision

  The main purposes of state veterinary supervision are to:
 1) supervise compliance with the requirements of this Act and other veterinary legislation;
 2) organise diagnosis, prophylaxis and control of infectious animal diseases, and supervise compliance with animal health and animal protection requirements;
 3) protect human health against diseases that are common to both humans and animals and control such diseases in animals;
 4) organise laboratory research for the diagnosis of animal disease and the assessment of the properties of animal products, feedingstuffs of animal origin, hay, straw, medicated feedingstuffs and drinking water;
 5) apply measures to prevent infectious diseases of animals or infectious diseases that may be passed on from animals to humans from being carried into Estonia from other states, and perform veterinary checks of imported animals, animal products, animal feedingstuffs and possible sources of infection;
 6) supervise the identification and registration of farm animals and household pets, and perform veterinary checks on the domestic movement of animals and products of animal origin;
 7) perform veterinary checks of products of animal origin and assess their conformity to requirements;
 8) [repealed]
 9) perform veterinary checks of feedingstuffs;
 10) exercise supervision over livestock buildings and constructions and enterprises where animal products are handled;
 11) [Repealed – RT I 2007, 70, 428 – entry into force 01.01.2008]
 12) protect the environment against hazardous factors resulting from the keeping of animals, the handling of products of animal origin and from animal disease;
 13) monitor the use of medicinal products and medicated feedingstuffs by veterinarians and by keepers of animals who engage in the production of products of animal origin;
 14) monitor the conformity of animals, products of animal origin and food exported from Estonia with the requirements established in the country of destination.
[RT I 2006, 28, 211 - entry into force 01.07.2006]

§ 5.  Organisation of state veterinary supervision

 (1) State veterinary supervision is organised and exercised by the Veterinary and Food Board.

 (2) A veterinary supervisory official (hereinafter supervisory official) is an official of the Veterinary and Food Board who exercises veterinary supervision.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2¹) Veterinary supervisory officials must be qualified in veterinary medicine.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2²) Veterinary technicians are permitted to participate in veterinary supervision under the supervision and at the responsibility of supervisory officials.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3) A veterinary technician is a person who has acquired secondary vocational education in the field of veterinary medicine or qualifications equal thereto.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3¹) The Director General of the Veterinary and Food Board and the heads of local offices of the Veterinary and Food Board have the right to appoint assistant supervisory officials and to determine their competence. Training for assistant supervisory officials will be organised by the Veterinary and Food Board in accordance with the Adult Education Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (4) The following is within the area of supervision of supervisory officials:
 1) animals, products of animal origin, feedingstuffs of animal origin, hay, straw, and medicated feedingstuffs;
 2) keeping of animals, livestock buildings and constructions and areas enclosed for the keeping of animals;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 3) handling of products of animal origin and enterprises where products of animal origin are handled;
[RT I 2004, 38, 257 - entry into force 01.05.2004]
 4) veterinary practice and enterprises engaged therein (hereinafter object of supervision).
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (5) Samples obtained in the process of veterinary supervision will be analysed in a laboratory authorised according to § 34¹ of this Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (6) The Veterinary and Food Board and the Veterinary and Food Laboratory have the right to send samples obtained in the process of veterinary supervision to recognised foreign laboratories or international reference laboratories.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (7) If, as a result of laboratory analyses, an animal or a product of animal origin is declared non-conforming, the expenses relating to additional examination will be borne by the keeper of animals or the handler of the products of animal origin in accordance with Article 28 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.04.2004, pp. 1–141).
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (8) Veterinary supervision is exercised in accordance with the supervision provisions of Regulation (EC) No. 882/2004 of the European Parliament and of the Council and other relevant legislation.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 5¹.  Cooperation in veterinary supervision between Member States of European Union and European Commission

 (1) The Veterinary and Food Board cooperates in veterinary supervision with the veterinary supervision offices of other Member States of the European Union and the European Commission.

 (2) Cooperation in veterinary supervision is pursued in accordance with Council Directive 89/608/EEC on mutual assistance between the authorities of the Member states and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (OJ L 351, 02.12.1989, pp. 34–37).
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 6.  Authorisation of reference laboratory

 (1) For the purposes of this Act, ‘national reference laboratory’ means the laboratory specified in Article 33 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council which performs the duties of a reference laboratory in the area of animal health.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2) One national reference laboratory (hereinafter reference laboratory) will be authorised to operate per each Community reference laboratory referred to in Article 32 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3) Authority to operate as a reference laboratory will be granted within 20 working days as of the receipt of a written request from the laboratory by a directive of the Minister of Agriculture, which specifies the scope of the authority.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3¹) The state fee for reviewing an application for authority to operate as reference laboratory will be paid at the rate provided by the State Fees Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3²) Only laboratories complying with the bio-safety requirements established for reference laboratories in the relevant European Union legislation for diagnosing an infectious animal disease may be authorised to operate as reference laboratories.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (4) [Repealed – RT I 2007, 70, 428 – entry into force 01.01.2008]

 (5) If a reference laboratory fails to perform its duties in the manner required, the Minister of Agriculture will have the right to grant a term of up to three months for the elimination of deficiencies. If the deficiencies are not eliminated, the authority will be revoked in part or in full. During the time prescribed for the elimination of deficiencies, authority is deemed to be suspended.

 (6) [Repealed – RT I 2007, 70, 428 – entry into force 01.01.2008]

 (7) A reference laboratory acts on government orders placed by the Minister of Agriculture. Fulfilment of the orders is financed from funds allocated from the state budget to the Ministry of Agriculture for fulfilment of such orders.

 (8) The bio-safety requirements for reference laboratories specifying the requirement provided in subsection (3²) of this section and the requirements for the content of applications for authority to operate as a reference laboratory, the list of documents to be annexed to the application and the procedure for processing applications will be established by the Minister of Agriculture.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 7.  Rights of supervisory official

 (1) Supervisory officials have the right to:
 1) inspect objects of supervision and take samples without charge for the purpose of exercising supervision;
 2) have access to information and documentation necessary for supervision and demand copies of such documentation;
 3) issue animal health certificates and prepare veterinary reports;
 4) use equipment and the services of laboratories specified in subsection 5 (5) of this Act in the exercise of supervision;
 5) prohibit trade in animals that do not conform to veterinary requirements and prohibit the grazing of such animals and the transfer of such animals from one herd to another or to an enterprise where products of animal origin are handled;
[RT I 2004, 38, 257 - entry into force 01.05.2004]
 6) prohibit the handling of products of animal origin that do not conform to veterinary requirements;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 7) suspend, in part or in full, the operation of an enterprise where veterinary requirements have been violated, issue precepts for the termination of offences discovered in the process of supervision and for taking the necessary steps by specifying a term for the termination of the offence;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 8) in the event of continuous or repeated violation of veterinary requirements, make a proposal to the local authority to revoke the permit for use of livestock buildings or works or enterprises engaged in the handling of products of animal origin, which do not conform to the veterinary requirements.
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 9) [Repealed – RT I 2007, 70, 428 – entry into force 01.01.2008]
 10) [Repealed – RT I 2002, 96, 566 – entry into force 01.01.2003]

 (2) At the request of a person, the supervisory official will grant consent for continuing the activities specified in clauses 5) to 7) of subsection (1) of this section, provided that the circumstances due to which such activity was suspended have been eliminated.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 8.  Obligation of supervisory official to present document

  Upon exercising supervision, a supervisory official is required to present a document certifying their authority.

Chapter 3 AUTHORISED VETERINARIAN, PROCEDURE FOR AUTHORISATION, AND RIGHTS AND OBLIGATIONS OF AUTHORISED VETERINARIAN 

§ 9.  Authorised veterinarian

 (1) An authorised veterinarian is a veterinarian who holds an activity licence and who, in accordance with the procedure provided for in this Act, is authorised to inspect the state of objects of supervision.

 (2) The right to work as an authorised veterinarian is granted by way of a public competition.

§ 10.  Announcement of competition organised for position of authorised veterinarian

 (1) The competition for a vacant position of the authorised veterinarian (hereinafter competition) will be announced by the head of a local office of the Veterinary and Food Board

 (2) Competition announcements are published in the official publication Ametlikud Teadaanded.

 (3) A competition announcement must contain information concerning the requirements for participants in the competition, the documents to be submitted in order to participate in the competition, the term for submission of such documents, and the scope of authority accompanying the position of authorised veterinarian for which the competition is organised and the territorial jurisdiction of the authorised veterinarian.

 (4) The term for submission of documents to be submitted in order to participate in the competition is 30 days after publication of the competition announcement.

§ 11.  Requirements for applicants for rights of authorised veterinarian

  An applicant for the rights of an authorised veterinarian must:
 1) hold a valid activity licence of a veterinarian;
 2) have the necessary training and equipment for the performance of duties related to the authority;
 3) be able to act impartially and provide appropriate assessments of actual situations.

§ 12.  Application for rights of authorised veterinarian

  In order to be granted veterinary supervision authority, an applicant will submit the following within the term specified in the competition announcement:
 1) an application to be granted authority;
 2) their curriculum vitae;
 3) [repealed]

§ 13.  Procedure for processing applications and granting rights of authorised veterinarian

 (1) In order to review and assess applications received for a competition, the Veterinary and Food Board will form a three-member committee comprising one representative from each of the Veterinary and Food Board, the local office of the Veterinary and Food Board which announced the competition, and a registered professional organisation. The committee will be formed for the given calendar year.

 (2) The committee will review the applications received during the competition and assess the conformity of the applicants with the requirements set out in § 11 of this Act. The committee has the right to verify the authenticity of materials submitted by the applicant for authority and, if necessary, request additional information and documents.

 (3) Within 30 working days after receipt of all documents necessary for authorisation, the committee will submit a reasoned proposal in writing to the head of the local office of the Veterinary and Food Board concerning the grant of or refusal to grant authority to the applicant. The committee will decide the granting of or refusal to grant authority by a simple majority vote.

 (4) For the performance of administrative functions according to the Administrative Co-operation Act, the local office of the Veterinary and Food Board will enter into a public law contract with a veterinarian or legal person who passed the competition. In the latter event, the contract must set out the name of the authorised veterinarian exercising veterinary supervision with whom the legal person has a contractual relationship.

 (5) [Repealed – RT I 2004, 38, 257 – entry into force 01.05.2004]

 (6) The right to act as an authorised veterinarian is granted for up to five years.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 14.  Termination of authority

 (1) The authority terminates upon:
 1) surrender of the authority;
 2) expiry of the term of authority;
 3) the death of the authorised person;
 4) withdrawal of authority;
 5) surrender of the activity licence of a veterinarian;
 6) expiry of the activity licence of a veterinarian;
 7) revocation of the activity licence of a veterinarian.

 (2) The Veterinary and Food Board will immediately take measures in order to ensure that administrative functions are performed if a public law contract under is terminated unilaterally or another reason becomes evident, which prevents a legal or natural person to continue performance of the administrative functions.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 15.  Rights of authorised veterinarian

 (1) An authorised veterinarian has the right, based on the scope of their authority, to:
 1) have access to objects of supervision and to information and documentation necessary for supervision, and to demand copies of such documentation;
 2) issue animal health certificates and prepare veterinary reports;
 3) use equipment for monitoring and the services of laboratories specified in subsection 5 (5) of this Act for research relating to monitoring;
 4) issue precepts for the termination of trade in animals that do not conform to veterinary requirements, grazing of such animals and the transfer of such animals from one herd to another or to an enterprise engaged in the handling of products of animal origin; handling and using for food of products of animal origin that do not conform to veterinary requirements and the termination of the discovered offences and for taking the necessary steps by specifying a term for the termination of the offence;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 5) make a proposal to a supervisory official of the corresponding region to suspend the operation of an enterprise which is the object of supervision if the violation of veterinary requirements endangers human life and health or animal health and welfare.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2) An authorised veterinarian has the right to surrender their authority by notifying the head of the local office of the Veterinary and Food Board thereof by sending an unregistered letter by post at least 30 days in advance.

 (3) In the event of the death of an authorised veterinarian as a result of the performance of duties related to their authority, the family members of the authorised veterinarian who were maintained by the authorised veterinarian will be paid a single allowance to the extent of ten years’ average salary of the deceased person. The funeral expenses of a person deceased under such circumstances will be borne by the state.

 (4) An authorised veterinarian who becomes disabled under the circumstances provided for in subsection (3) of this section will be paid a single allowance upon:
 1) partial loss of capacity for work, to the extent of their one year’s average salary;
 2) total loss of capacity for work, to the extent of their five years’ average salary.

§ 16.  Duties of authorised veterinarian

 (1) An authorised veterinarian is required to:
 1) perform the functions vested in them by their authority;
 2) Exercise their rights to prevent and establish violations of the veterinary requirements;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 3) formalise decisions made in the performance of their authority as reasoned written decisions or precepts and inform a supervisory official thereof;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 4) maintain business and professional secrets which become known to them during the inspection of objects of supervision;
 5) store copies of certificates issued by them and other documents relating to supervision in accordance with the procedure established by a directive of the Director General of the Veterinary and Food Board;
 6) deliver, upon the termination of their authority, the documents specified in clause 5) of this subsection to the local office of the Veterinary and Food Board that exercises supervision over their activities;
 7) submit, at the request of the local office of the Veterinary and Food Board that exercises supervision over their activities, all documents necessary for the supervision of activities relating to their authority.

 (2) An authorised veterinarian is prohibited from exercising veterinary supervision over objects of supervision that belong to them or to their family members.

§ 17.  Supervision over activities of authorised veterinarian

 (1) Supervision over the activities of an authorised veterinarian is exercised by the local office of the Veterinary and Food Board that exercises supervision in the territory where the veterinarian operates.

 (2) An authorised veterinarian submits reports to the local office of the Veterinary and Food Board that exercises supervision in the territory where the veterinarian operates.

 (3) Requirements for reports submitted by authorised veterinarians and the procedure for the presentation of reports will be established by a directive of the Director General of the Veterinary and Food Board.

§ 18.  Suspension and withdrawal of authority

 (1) Upon the suspension of the activity licence of an authorised veterinarian, the authority granted to them is also suspended.

 (2) If an authorised veterinarian fails to perform activities relating to their authority in the manner required, the head of the local office of the Veterinary and Food Board will suspend the authority of the authorised veterinarian and grant a term for the elimination of the deficiencies. If the deficiencies are not eliminated during the term, the head of the local office of the Veterinary and Food Board will withdraw the authority and unilaterally terminate the public law contract.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 19.  Remuneration of authorised veterinarians

 (1) Authorised veterinarians provide veterinary services for a fee and veterinary services financed from the state budget within the scope of their authority.

 (2) Authorised veterinarians have the right to receive remuneration for veterinary supervision activities.

 (3) Authorised veterinarians are prohibited to charge a fee for veterinary services financed from the state budget.

 (4) Remuneration for veterinary services financed from the state budget will be paid through the budget of the Veterinary and Food Board.

 (5) The amounts of and procedure for remuneration provided within the scope of the authority of authorised veterinarians will be established by the Minister of Agriculture.

Chapter 4 VETERINARY PRACTICE 
[Repealed – RT I 2007, 70, 428 - entry into force 01.01.2008]

§ §§ 20–21. – § [Repealed RT I 2007, 70, 428 entry into force 01. 01

Chapter 5 ACTIVITIES OF VETERINARIAN AND VETERINARY TECHNICIAN 

§ 22.  Activity licence of veterinarian

 (1) An activity licence of a veterinarian is a licence to engage in veterinary practice that, on the application of a natural person who has acquired qualifications in veterinary medicine, is issued to the natural person.

 (2) An activity licence sets out:
 1) the given name and surname of the holder of the activity licence;
 2) the name, and personal identification code or, in the absence thereof, date of birth of the holder of the activity licence;
 3) the area of activity and conditions of activity;
 4) the date of issue of the activity licence;
 5) the period of validity of the activity licence;
 6) the registration number.

 (3) Activity licences are issued by the Veterinary and Food Board (hereinafter issuer of activity licence).

 (4) An activity licence is issued for a period of up to five years. The holder of an activity licence has the right to submit an application for a new activity licence three months prior to the expiry of the activity licence.

 (5) An activity licence becomes invalid upon the expiry of the term specified in the activity licence or upon the revocation of the activity licence, at the request of the holder of the activity licence or upon the death of the holder of the activity licence.

 (6) The procedure for processing applications submitted for obtaining an activity licence of a veterinarian will be established by the Minister of Agriculture.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 23.  Rights and duties of licensed veterinarians

 (1) A licensed veterinarian (hereinafter veterinarian) has the right to:
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 1) engage in veterinary practice independently as a sole proprietor or in an undertaking with whom the veterinarian has a contractual relationship;
[RT I 2004, 38, 257 - entry into force 01.05.2004]
 2) prescribe and issue medicinal products for the treatment of animals;
 3) issue, within the limits of their competence, certificates concerning the state of health of animals and the state of products of animal origin;
 4) use a seal bearing the registration number of their personal activity licence.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (2) A veterinarian is required to:
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 1) adhere to the professional ethics of veterinarians;
 2) undertake professional development;
 3) submit the veterinary reports required in accordance with the procedure established by veterinary legislation to the local office of the Veterinary and Food Board that exercises supervision in the territory in which the veterinarian operates and comply with precepts made by such office in the area of veterinary activity.
 4) keep records of the performed treatment and other proceedings, and events of death, and preserve the specified information for three years;
 5) use a seal specified in clause 4) of subsection (1) of this section to attest the veterinary activities performed.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 24.  Professional development

  The following is deemed to be professional development for veterinarians:
 1) participation in professional training days, courses, seminars and conferences organised by universities and professional organisations;
 2) practice in veterinary clinics, veterinary educational institutions or with veterinarians;
 3) completion of a professional research degree.

§ 25.  Application for activity licence of veterinarian

 (1) An applicant for an activity licence will submit the following to the issuer of the activity licence:
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 1) an application approved by the local office of the Veterinary and Food Board that exercises supervision in the territory where the veterinarian is operating at the time of submitting the application or where the veterinarian wishes to operate;
 2) their curriculum vitae;
 3) an officially certified transcript of the document certifying qualifications in veterinary medicine;
[RT I 2004, 38, 257 - entry into force 01.05.2004]
 4) copies of documents certifying professional development;
 5) [Repealed – RT I 2002, 61, 375 – entry into force 01.08.2002]

 (2) A veterinarian who applies for an activity licence within three years after completing their education in veterinary medicine is not required to submit the documents specified in clause 4) of subsection (1) of this section.

 (3) Before submission of an application, the applicant must pay a state fee.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 25¹.  Application for activity licence of veterinarian by person who acquired qualifications in veterinary medicine in member state of European Union, member state of European Economic Area or in Switzerland

  [RT I 2004, 38, 257 – entry into force 01.05.2004]

 (1) An applicant for an activity licence who has acquired qualifications in veterinary medicine in a member state of the European Union, member state of the European Economic Area (hereinafter member state) or in Switzerland will submit the documents and information specified in clauses 25 (1) 1)-3) of this Act to the issuer of the activity licence.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (1¹) The issuer of the activity licence will give the applicant for the activity licence a confirmation of the receipt of the application within one month as of the submission of the application and documents specified in clauses 25 (1) 1) to 3) of this Act and notify the person of any missing documents, where appropriate. The issuer of the activity licence will decide the granting of the activity licence within two months after the submission of all the prescribed documents. If in the course of processing the activity licence the need arises for assessment of the circumstances specified in subsection (4) of this section, the issuer of the activity licence will have the right to extend the term of making the decision to three months, notifying the applicant for the licence immediately of the extension of the term and the reasons of the extension.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

 (2) The qualifications acquired in a member state or in Switzerland are certified by a document that grants a veterinarian the right to provide veterinary services in the corresponding member state or in Switzerland.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (3) The list of documents certifying the qualifications in veterinary medicine in a member state or in Switzerland that serve as the basis for the issue of an activity licence will be established by the Minister of Agriculture.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (4) If the documents certifying the qualifications of a person who acquired qualifications in veterinary medicine in a member state or Switzerland are not included in the list established on the basis of subsection (3) of this section, the issuer of the activity licence will decide on the recognition of the person’s qualifications or the obligation to take an aptitude test in accordance with the Recognition of Foreign Professional Qualifications Act.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

§ 25².  Application for activity licence of veterinarian by person who acquired qualifications in veterinary medicine in foreign state

  [RT I 2004, 38, 257 – entry into force 01.05.2004]

 (1) In order to receive an activity licence, a person who has acquired qualifications in veterinary medicine in a foreign state not specified in § 25¹ of this Act will, in addition to the documents and information specified in subsection (1) of this section, submit to the issuer of the activity licence, at the request of the issuer, the curriculum in veterinary medicine of the educational institution that issued the document certifying the qualifications of the veterinarian in veterinary medicine. The issuer of the activity licence will assess whether the curriculum completed by the applicant corresponds to the relevant curriculum in Estonia and will take into account the work experience and the completed in-service training of the person.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (2) If the curriculum completed by an applicant does not differ substantially from the corresponding Estonian curriculum, the issuer of the activity licence will process the application in accordance with the procedure provided for in this Act and legislation established on the basis thereof, check the authenticity of the information given in the evidence of the qualifications, and decide on the issue of the activity licence within two months after submission of all the prescribed documents If an aptitude test specified in subsection (3) of this section needs to be taken for the purpose of deciding on the issue of an activity licence, the issuer of the activity licence may extend the term of making the decision to three months as of the receipt of all the documents complying with the requirements by the issuer of the activity licence.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

 (3) If the curriculum completed by an applicant differs substantially from the corresponding Estonian curriculum, the applicant has the possibility to take an aptitude test in order to prove their qualifications and for the verification and assessment of the professional knowledge, skills and experience of the applicant for the activity licence. The procedure for compilation, conduct and evaluation of aptitude tests will be established by the Minister of Social Affairs. The results of an aptitude test will be evaluated together with the document certifying qualifications in veterinary medicine that is submitted by the applicant for the activity licence.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

 (4) If a person's qualifications which have been acquired in a foreign state not specified in § 25¹ of this Act have been recognised by a member state of the European Economic Area or Switzerland beforehand and the person has acquired three years of professional experience in respective specialty in the member state of the European Economic Area or Switzerland that recognised their qualifications, the issuer of the activity licence will decide on the recognition of the person’s qualifications or the obligation to take an aptitude test in accordance with the Recognition of Foreign Professional Qualifications Act. Upon applying for registration, the person will, in addition the documents and information specified in subsection 25 (1) of this Act, submit a document certifying the person’s required work experience and the right to provide veterinary services in a member state or in Switzerland.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

§ 25³.  Right to provide veterinary services temporarily

  A person who has acquired their qualifications in a member state or in Switzerland may, in accordance with Chapter 3 of the Recognition of Foreign Professional Qualifications Act, temporarily provide veterinary services in Estonia without an activity licence provided for in § 22 of this Act. A competent authority for the purposes of Chapter 3 of the Recognition of Foreign Professional Qualifications Act is the Veterinary and Food Board.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

§ 26.  Issue of activity licence of veterinarian and refusal to issue activity licence

 (1) Upon making a decision on the issue of activity licence, the issuer of the activity licence will consider the opinion of the professional organisation and the activities of the applicant in the following areas:
 1) supervision of practical training and practical work of veterinary students in universities;
 2) publication of work on veterinary practice or veterinary science or articles on veterinary medicine in Estonian or foreign professional publications, and publication of textbooks or scientific literature on veterinary medicine;
 3) presentation of reports concerning veterinary medicine at training days, on courses, or at conferences or seminars.

 (2) The issuer of an activity licence may refuse to issue an activity licence if:
 1) inaccurate information was submitted upon application for the activity licence;
 2) the applicant has not engaged in work related to their profession or undertaken professional development in veterinary medicine during the last three years;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 3) the applicant has not complied with the requirements established by veterinary legislation in their previous professional activities and if their previous activity licence was revoked due to such non-compliance;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 4) according to the information at the disposal of a professional organisation, the applicant has not adhered to the professional ethics of veterinarians;
 5) the applicant has not passed the aptitude test specified in subsection 25² (3) of this Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3) The issuer of activity licences will process applications for activity licences and make a decision to issue an activity licence or refuse the issue thereof within 30 days as of the receipt of all the documents that comply with the requirements, except in the events specified in subsections 25¹ (1¹) and 25² (2) of this Act.
[RT I 2008, 30, 191 - entry into force 01.07.2008]

§ 27.  Revocation of activity licence of veterinarian

 (1) The issuer of an activity licence may revoke the licence:
 1) if inaccurate information was knowingly submitted upon application for the activity licence;
 2) if the holder of the activity licence has not adhered to the requirements established by veterinary legislation;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 3) if, according to the information at the disposal of a professional organisation, the holder of the activity licence has not adhered to the professional ethics of veterinarians;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 4) in other events provided by law.

 (2) If the facts provided for in subsection (1) of this section become evident, the issuer of the activity licence may:
 1) issue a precept to the veterinarian;
 2) suspend the activity licence until the offence or the effects thereof are eliminated;
 3) revoke the activity licence and specify a term for the termination of veterinary practice.

 (3) Upon revocation of an activity licence, the issuer of the activity licence will send a transcript of the decision to the holder of the activity licence by post or by electronic means within three working days after the decision is made.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 28.  Activity of veterinary technician

 (1) A veterinary technician participates in veterinary practice under the supervision and on the responsibility of a veterinarian.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2) Upon providing veterinary services, a veterinary technician is prohibited to:
 1) independently diagnose animals and prescribe treatment and diagnostic procedures;
 2) perform treatment or diagnostic procedures on their own initiative;
 3) write prescriptions and issue medicinal products;
 4) independently perform veterinary checks;
 5) issue documents certifying the state of health of animals or the safety of animal products.

Chapter 6 VETERINARY LABORATORY ACTIVITY LICENCE AND APPLICATION FOR AND GRANTING OF VETERINARY LABORATORY ACTIVITY LICENCE 
[Repealed – RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 29. – § 34. [Repealed RT I 2007, 70, 428 entry into force 01

Chapter 61 AUTHORISATION OF LABORATORY 
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 34¹.  Authorisation of laboratory

 (1) Samples taken in the course of supervision and within the framework of the infectious animal disease control programme established on the basis of subsection § 43³ (2) of the Infectious Animal Disease Control Act with the purpose of diagnosis of infectious animal diseases will be analysed in a laboratory that is authorised to conduct the relevant analyses (hereinafter authorised laboratory) and complies with the requirements provided for in Article 12 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council.
[RT I 2009, 64, 422 - entry into force 01.01.2010]

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

 (3) The Veterinary and Food Board will make a decision on the authorisation to operate as an authorised laboratory within 20 working days as of the receipt of a written application of the laboratory. The decision on the authorisation to operate as an authorised laboratory must set out the scope of authorisation.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (4) The requirements for the content of applications for authorisation to operate as authorised laboratories, a list of documents to be annexed to applications and the procedure for processing applications will be established by the Minister of Agriculture.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (5) The Veterinary and Food Board may refuse to grant authorisation to operate as an authorised laboratory or revoke authorisation if the laboratory does not comply with the requirements provided for in Article 12(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (6) A state fee will be paid for reviewing of an application for initial authorisation to operate as an authorised laboratory at the rates provided in the State Fees Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

Chapter 7 DUTIES OF LEGAL AND NATURAL PERSONS 

§ 35.  Duties of persons

  The possessor of an object of supervision is required to:
 1) allow supervisory officials and authorised veterinarians to freely perform supervisory acts within the limits of their competence;
 2) grant supervisory officials and authorised veterinarians access to information and records required for supervision;
 3) ensure safe working conditions for supervisory officials and authorised veterinarians;
[RT I 2007, 70, 428 - entry into force 01.01.2008]
 4) ensure, if necessary, that assistance is provided to supervisory officials and authorised veterinarians in the performance of supervisory acts, otherwise the supervisory officials and authorised veterinarians will have the right to use remunerated workers whose work will be paid for by the possessor of the object of supervision;
 5) provide supervisory officials or authorised veterinarians free of charge with premises conforming to occupational safety and health requirements for the purpose of performance of the supervisory acts, including with furnished office rooms and means of communication, if necessary. The supervisory authority will pay for telecommunications services.

Chapter 71 VETERINARY SUPERVISION FEE 
[RT I 2004, 38, 257 - entry into force 15.05.2004]

§ 35¹.  Veterinary supervision fee

 (1) Veterinary supervision fee (hereinafter supervision fee) is an amount paid at the rate established in accordance with this Act for the performance of veterinary supervision acts regarding animals and products of animal origin, review of the relevant applications and issue of documents taking into consideration the principles and objectives provided for in Articles 27-29 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council. Supervision fee will be transferred to the bank account of the Veterinary and Food Board within the state treasury group account of the Ministry of Finance. The expenses relating to the performance of veterinary supervision acts include the expenses of sending a supervisory official to the factory vessel to exercise supervision.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2) Supervision fee will not be paid for the performance of veterinary supervision acts in enterprises engaged in retail trade for the purposes of Article 3(7) 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, 01.02.2002, pp. 1–24) and in enterprises engaged in primary production for the purposes of Article 3(17) of the same Regulation with the exception of operations relating to the determination of the content of pollutants in animals and products of animal origin.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 35².  Person obligated to pay supervision fee

 (1) A person obligated to pay a supervision fee (hereinafter obligated person) means a person in respect of whom a supervisory official has performed a veterinary supervision act.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

 (2) Several obligated persons are jointly and severally liable for payment of the supervision fee for a joint veterinary supervision act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 35³.  Principles for determining supervision fee and rates of supervision fee

 (1) The rate of a supervision fee will be calculated on the basis of the personnel and economic expenses for the performance of veterinary supervision acts regarding animals and products of animal origin by the Veterinary and Food Board.

 (2) A supervision fee for the veterinary supervision acts listed in Regulation (EC) No. 882/2004 of the European Parliament and of the Council will be charged as follows:
 1) handlers engaging in the slaughter of animals will pay a supervision fee for the ante mortem or post mortem inspection operations regarding slaughter animals based on the animal species;
 2) handlers of food of animal origin will pay a supervision fee for the veterinary supervision acts based on food businesses or parts of food businesses and the quantity of food of animal origin;
 3) in the event of processing milk, handlers will pay a supervision fee for the veterinary supervision acts based on the quantity of processed milk;
 4) in the event of import of products of animal origin for the purposes provided for in Article 2(15) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council (hereinafter import), the person responsible for the consignment will pay a supervision fee for the veterinary supervision operations based on the quantity of the consignment;
 5) in the event of conveyance of animals and products of animal origin from a third country to the same or another third country through the territory of the European Union, including conveyance of animal products through a free zone, free warehouse or customs warehouse, the person responsible for the consignment will pay a supervision fee for the veterinary supervision acts based on the number of supervisory officials engaged in the acts and the time needed for the performance of the acts;
 6) in the event of import of animals, the person responsible for the consignment will pay a supervision fee for the veterinary supervision acts based on the live weight of the consignment and the animal species;
 7) handlers of animals and products of animal origin will pay a supervision fee for determination of the content of pollutants based on the sector of handling and the quantity of processed animals and products of animal origin;
 8) persons trading in farm animals for the purposes of subsection 15 (1) of the Infectious Animal Disease Control Act will pay a supervision fee for veterinary checks at the place of departure of animals and products of animal origin and for veterinary checks preceding export for the purposes of Article 161 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code (OJ L 302, 19.10.1992, pp 1–50) (hereinafter export).

 (3) A supervision fee for the veterinary supervision acts listed in clauses 1)– 6) of subsection (2) of this section will be charged based on the minimum rate specified in Division B of Annex IV and Division B of Annex V of Regulation (EC) No. 882/2004 of the European Parliament and of the Council.

 (4) Handlers of animals and products of animal origin, except handlers of small quantities established on the basis of subsection 26 (3) of the Food Act, will pay a supervision fee for the determination of the content of pollutants in animals and products of animal origin as follows:
 1) handlers engaged in the slaughter of animals – 1.61 euros per ton of meat;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
 2) undertakings engaged in aquaculture – 0.12 euros per ton of marketed aquaculture products;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
 3) purchasers of milk – 0.02 euros per 1000 litres of milk;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
 4) producers of eggs who sell directly to consumers or retailers; packagers of eggs and producers of egg products – 0.53 euros per ton of eggs or output;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
 5) producers and packagers of honey – 0.31 euros per ton of produced or packaged honey.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (5) A supervision fee will be charged as an hourly fee in accordance with subsection (6) of this section for the following veterinary supervision acts:
 1) attestation of the conformity of livestock buildings and constructions, areas that are enclosed for the keeping of animals, embryo collection teams, persons trading in farm animals and handlers of foodstuffs of animal origin not specified in Division B of Annex IV to Regulation (EC) No. 882/2004 of the European Parliament and of the Council, enterprises where animal by-products are handled, free zones, free warehouses and customs warehouses intended for storing non-conforming foodstuffs of animal origin and establishments supplying vessels engaged in international transport operations outside EU territorial waters with non-conforming foodstuffs that are subject to approval or approved;
 2) veterinary checks of animals and products of animal origin at the place of departure and veterinary checks preceding export;
 3) veterinary checks of animals and products of animal origin at the place of destination and at border inspection posts.

 (6) An obligated person will pay an hourly fee for the time spent on the veterinary supervision acts, but not more than for eight hours per veterinary supervision act. The time spent by a supervisory official will be calculated to the accuracy of an hour and each hour commenced will be deemed to be the next full hour. The time spent on driving to the place of performance of veterinary supervision acts will not be taken into account.

 (7) The rate of an hourly fee will be calculated on the basis of the average remuneration of the supervisory official and the average administrative and economic expenses relating to the veterinary supervision acts. The average remuneration of the supervisory official will be calculated based on the average wages of the supervisory officials employed in the local offices of the Veterinary and Food Board and border inspection posts in the calendar year preceding the performance of veterinary supervision acts. Average administrative and economic expenses relating to veterinary supervision acts will be calculated on the basis of the costs of the Veterinary and Food Board specified in clause 2) of Annex VI to Regulation (EC) No. 882/2004 of the European Parliament and of the Council per supervisory official in the calendar year preceding the performance of veterinary supervision acts.
[RT I 2009, 34, 224 - entry into force 01.07.2009]

 (8) The rate of an hourly fee to be charged for the performance of veterinary supervision acts will be established annually by a regulation of the Minister of Agriculture.

 (9) In the course of the performance of veterinary supervision acts, the Veterinary and Food Board has the right to charge additional fee for waiting period of delayed consignments and for veterinary supervision acts performed at the request of a person outside working hours, which will be paid in accordance with the procedure provided for in § 35⁷ of this Act as follows:
 1) additional fee for waiting period of delayed consignments during working hours will be charged in the form of an hourly fee per supervisory official in accordance with subsection (6) of this section;
 2) additional fee for the waiting period of delayed consignments outside working hours will be charged in the form of the double hourly fee per supervisory official in accordance with subsection (6) of this section;
 3) in addition to the supervision fee charged for the performance of the relevant veterinary supervision act, an additional fee will be charged for veterinary supervision acts performed at the request of a person outside the working hours in the form of an hourly fee per supervisory official in accordance with subsection (6) of this section.

 (10) In the event specified in Article 28 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council the obligated person will pay a supervision fee for the performance of additional veterinary supervision acts in the form of an hourly fee in accordance with subsection (6) of this section. Expenses relating to additional laboratory testing will be borne in accordance with subsection 5 (7) of this Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

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

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

§ 35⁶.  Explanation of supervision fee

  A supervisory official will give explanations to obligated persons regarding the rate of the supervision fee, the bases for calculation of the hourly wage and the procedure for the payment and collection of the supervision fee.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

§ 35⁷.  Payment of supervision fee

 (1) A supervisory official will make a decision on the collection of the supervision fee for veterinary supervision acts performed in the previous calendar month by the fifth day of each calendar month.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

 (1¹) The decision on the collection of the supervision fee specified in subsection (1) of this section will not be made if the supervision fee is less than 1.60 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

 (2) A copy of the decision to collect the supervision fee will be delivered to the obligated person against signature or sent by post within five working days after the date on which the decision was made.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

 (3) An obligated person will transfer the supervision fee to the bank account indicated in the decision within 10 calendar days after the receipt of the decision on the collection of the supervision fee. The obligated person has the right to file an intra-agency appeal against the decision of a supervisory official in accordance with the procedure provided for in § 36 of this Act.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

 (4) Upon import of animals and products of animal origin, the obligated person will pay the supervision fee in the amount indicated in the decision on the collection of the supervision fee submitted by the supervisory official before assignment of a customs-approved treatment.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (5) Upon import of animals and products of animal origin, the Veterinary and Food Board may exempt the obligated person from payment of the supervision fee before the assignment of a customs-approved treatment if there is a sufficient guarantee or if the obligated person has previously paid the supervision fee in the correct amounts and by the due date.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (6) The procedure for the payment of the supervision fee, acceptance of the supervision fee in cash and verification of payment of the supervision fee will be established by the Government of the Republic or, with the authorisation thereof, by the Minister of Agriculture.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

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

§ 35⁹.  Refund of overpaid supervision fees

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

 (1) The obligated person has the right to apply for a refund of the overpaid supervision fee within two years as of the date of payment.
[RT I 2004, 38, 257 - entry into force 15.05.2004]

 (1¹) The overpaid supervision fee will be refunded if the supervision fee paid exceeds the prescribed amount.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (2) In order to apply for a refund of the overpaid supervision fee, the person specified in subsection (1) of this section will submit to the Veterinary and Food Board a corresponding written application and a document certifying payment of the supervision fee.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3) The Veterinary and Food Board will refund the overpaid supervision fee within 20 calendar days as of receipt of the application.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (3¹) The overpaid supervision fee will not be refunded if the person who paid the supervision fee or the person for whom the supervision fee was paid cannot be ascertained or if the person is not entitled to a refund.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

 (4) The procedure for the refund of overpaid supervision fees will be established by the Government of the Republic or, with the authorisation thereof, by a regulation of the Minister of Agriculture.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 35¹⁰.  Precept of supervisory official

 (1) Upon detection of an offence, a supervisory official will issue a precept in which the supervisory official will:
 1) draw attention to the offence,
 2) demand termination of the offence;
 3) order the performance of acts necessary for the termination of the offence and prevention of future offences.

 (2) In a precept, the supervisory official will set a time-limit for complying with the precept and deliver the precept to a person or their representative by registered mail with advice of delivery or hand the precept over against signature.

 (3) The obligated person will pay the amount specified in a precept made for the collection of the overdue supervision fee within ten working days as of the receipt of the precept.

 (4) In the event of failure to comply with the precept specified in subsection (1) of this section, the supervisory authority may impose a coercive measure in accordance with the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The maximum limit of a penalty payment is 640 euros.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 35¹¹.  Collection of supervision fee

  If the obligated person has not made a payment within the time-limit prescribed in a precept, the Veterinary and Food Board will have the right to have recourse to an enforcement officer who will collect the overdue supervision fee from the obligated person in accordance with the procedure provided for in the Code of Enforcement Procedure.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Chapter 8 APPEAL AGAINST PRECEPT, DECISION OR ACT 
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 36.  Appeal against precept, decision or act of supervisory official

 (1) If a person whom a precept, decision or act is aimed at disagrees with the precept, decision or act of the supervisory official, the person may file a written intra-agency appeal with the Director General of the Veterinary and Food Board within 30 calendar days as of the day of learning of the precept, decision or act, or appeal against the precept, decision or acts in the administrative court on the conditions of and in accordance with the procedure provided for in the Code of Administrative Court Procedure.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (2) Filing of an intra-agency appeal does not release the person from complying with the precept.

 (3) The Director General of the Veterinary and Food Board or the head of the local office of the Veterinary and Food Board will make a decision to grant or deny the intra-agency appeal within ten working days after receipt of the appeal. The decision will be made in writing and given to the person who filed the appeal against signature or sent by mail with advice of delivery.

 (4) [Repealed – RT I, 02.03.2011, 1 – entry into force 04.03.2011]

§ 37.  Appeal against activity of authorised veterinarian

 (1) If a person disagrees with the precept, decision or act of an authorised veterinarian, the person may file a written intra-agency appeal with the Director General of the Veterinary and Food Board within 30 calendar days as of the day of learning of the precept, decision or act.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

 (2) The head of the local office of the Veterinary and Food Board will make a decision to grant or deny the intra-agency appeal within ten working days after receipt of the appeal. The decision will be made in writing and given to the person who filed the appeal against signature or sent by mail with advice of delivery.
[RT I 2002, 61, 375 - entry into force 01.08.2002]

§ 38.  Appeal against quality of veterinary service provided by veterinarian

 (1) A person who has been provided with a veterinary service has the right to ask for an opinion of the Director General of the Veterinary and Food Board on the quality of the veterinary service.

 (2) The Director General of the Veterinary and Food Board will not express an opinion on the quality of a veterinary service if:
 1) more than two years has passed from the provision of the veterinary service;
 2) a final court judgment exists in the same case, or
 3) judicial proceedings are being conducted in the same case.

 (3) The Director General of the Veterinary and Food Board will express their opinion on the quality of the veterinary service specified in subsection (1) of this section within 30 working days after the receipt of the request. The decision will be delivered to the person who requested the opinion against signature or sent by registered mail with advice of delivery.

 (4) If the person disagrees with the decision specified in subsection (3) of this section, the person may appeal against it with the administrative court on the conditions and in accordance with the procedure provided for in the Code of Administrative Court Procedure.
[RT I, 02.03.2011, 1 - entry into force 04.03.2011]

§ 39.  Expert committee for assessment of quality of veterinary service

  [Repealed – RT I, 02.03.2011, 1 – entry into force 04.03.2011]

Chapter 9 LIABILITY 

§ 39¹.  Failure of veterinarian to perform duties

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

 (1) Failure by a veterinarian to perform their duties or failure to perform such duties in the manner required is punishable by a fine of up to 200 fine units.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

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

§ 39².  Issue of veterinary certificate not corresponding to actual state of object of veterinary supervision

  The issue of a veterinary certificate not corresponding to the actual state of the object of veterinary supervision is punishable by a fine of up to 200 fine units.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 39³.  Proceedings

 (1) The provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure apply to the misdemeanours provided for in §§ 39¹ and 39² of this Act.

 (2) The Veterinary and Food Board is the extra-judicial body that conducts proceedings in the misdemeanour cases provided for in § 39¹ of this Act.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ §§ 40–42. – § [Repealed RT I 2002, 63, 387 entry into force 01. 09

Chapter 10 FINAL PROVISIONS 

§ §§ 43–49. – § [Omitted from this text. ]

§ 50.  Re-registration of valid activity licences

 (1) A person to whom a state veterinary activity licence was issued prior to the entry into force of this Act must submit an application for an activity licence specified in § 22 or § 29 of this Act within one year after the entry into force of this Act Upon the expiry of such term, the existing state veterinary activity licences will be revoked.

 (2) No fee will be charged for the issue of an activity licence to a person whose state veterinary activity licence expires on 1 January 2001 or later and the activity licence will be issued for the term specified on the existing licence.

 (3) Until the issue of or refusal to issue a new activity licence for the provision of veterinary services, the person specified in subsection (1) of this section has the right to engage in veterinary practice on the basis of their existing state veterinary activity licence.

§ 50¹.  Validity of authority

  The authority granted by a directive of the head of the local office of the Veterinary and Food Board to an authorised veterinarian operating before 1 May 2004 remains in force until termination of the authority specified in the directive or until entry into the public law contract under provided for in subsection 13 (4) of this Act.
[RT I 2004, 38, 257 - entry into force 01.05.2004]

§ 50².  Authorisation of Veterinary and Food Laboratory for laboratory diagnosis of infectious animal diseases

 (1) Until making a decision on authorisation in accordance with the procedure provided for in Chapter 6¹ of this Act, the Veterinary and Food Laboratory may continue laboratory diagnosis of infectious animal diseases on the basis of samples taken in the course of supervision and in the framework of the infectious animal disease control programme established under subsection 43¹ (2) of the Infectious Animal Disease Control Act.

 (2) The Veterinary and Food Laboratory will submit the application specified in subsection 34¹ (3) of this Act to the Veterinary and Food Board not later than by 1 February 2008.
[RT I 2007, 70, 428 - entry into force 01.01.2008]

§ 51.  Entry into force of Act

 (1) This Act enters will enter into force on 1 January 2000, except for:
 1) the provisions delegating authority that will enter into force on the date provided for in subsection (2) of this section;
 2) sections 45 and 48 that will enter into force on 1 April 2000;
 3) subsection 5 (5) and § 46 that will enter into force on 1 July 2000;
 4) sections 29–34 that will enter into force on 1 January 2000;
 5) subsection 6 (2) that will enter into force on 1 January 2002;
 6) subsection 21 (1) regarding the activity licences of a veterinary laboratory that will enter into force on 1 January 2002;
 7) subsection 6 (6) that will enter into force on 1 January 2005.

 (2) The provisions contained in this Act, which delegate the authority to issue regulations of the Government of the Republic or ministers, will enter into force on the tenth day after the publication of the Act in the Riigi Teataja. Regulations issued on the basis of provisions delegating authority will not be enforced before the entry into force of this Act, except the provisions delegating authority contained in § 46, which may be enforced from 1 November 1999.