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Animal Production and Health Division Development Law Service (LEGN) Legal Office 1.

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Presentation on theme: "Animal Production and Health Division Development Law Service (LEGN) Legal Office 1."— Presentation transcript:

1 Animal Production and Health Division Development Law Service (LEGN) Legal Office 1

2 Animal Production and Health Division Development Law Service (LEGN) Legal Office Dr Abdoulaye Bouna Niang 1949 - 2010 Toute léquipe de FAO présente ses condoléances émues à sa famille, ses collaborateurs et amis. Prions pour que son âme repose éternellement en PAIX dans la terre de ses ancêtres au Sénégal. 2

3 Animal Production and Health Division Development Law Service (LEGN) Legal Office 3 Overview Setting the global scene International framework Areas of relevance for animal legislation The FAO assistance to prepare legislation on animal health General principles of legal assistance

4 Animal Production and Health Division Development Law Service (LEGN) Legal Office The livestock sector has been undergoing change at an unprecedented pace. Demand for animal-source food growing rapidly. Estimated human population 2050 –9 billion Demand for food of animal origin –Estimated needs by 50% Setting the Scene

5 Animal Production and Health Division Development Law Service (LEGN) Legal Office Increase in production? Increase in efficiency Impact on rural and peri-urban areas and the environment Animal health and poverty alleviation Animal diseases impact on efficient production and use of resources –Estimate efficiency losses 25-33%... Trade restrictions Setting the Scene

6 Animal Production and Health Division Development Law Service (LEGN) Legal Office Rapid industrialization Low developmentSlow industrialization Post-industrial Human health Livelihoods Environment Food security Balancing objectives State of Food and Agriculture 2009

7 Animal Production and Health Division Development Law Service (LEGN) Legal Office ANIMAL DISEASES Economic risks Productivity markets Livelihoods Human health pandemic threats endemic disease food-borne illness Human well-being State of Food and Agriculture 2009

8 Animal Production and Health Division Development Law Service (LEGN) Legal Office 1.Eradicate extreme poverty and hunger 2.Achieve universal primary education 3.Promote gender equality and empower women 4.Reduce child mortality 5.Improve maternal health 6.Combat HIV/AIDS and other diseases 7.Ensure environmental sustainability 8.Global partnership for development Millennium Development Goals

9 Animal Production and Health Division Development Law Service (LEGN) Legal Office 1.Eradicate extreme poverty and hunger 2.Achieve universal primary education 3.Promote gender equality and empower women 4.Reduce child mortality 5.Improve maternal health 6.Combat HIV/AIDS and other diseases 7.Ensure environmental sustainability 8.Global partnership for development Millennium Development Goals

10 Animal Production and Health Division Development Law Service (LEGN) Legal Office Veterinary legislation and international responsibilities of the veterinary authorities Country disease status and timely international/regional reporting Contingency and Emergency plans / biosecurity National campaigns Food/consumer safety Production and Animal Feed quality Biologicals (National production and importation) Contribution to academic curriculum (Ministries of Education) and aspects of professional conduct or continuing education 10

11 Animal Production and Health Division Development Law Service (LEGN) Legal Office Veterinary legislation and international responsibilities of the veterinary authorities Animal welfare is principally of the purview of VS yet other interests may also be valid and need to be considered. International agreements... –Biological and Toxin Weapons Convention (BTWC; www.opbw.org) www.opbw.org –Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES; www.cites.org/)www.cites.org/ 11

12 Animal Production and Health Division Development Law Service (LEGN) Legal Office Tripartite Position Paper April 2010

13 Animal Production and Health Division Development Law Service (LEGN) Legal Office FAO Multi-professional collaboration Animal Production and Health Division (AGAH) Food Safety and Quality Division (AGN) Codex Alimentarius Secretariat Natural Resources Division (NR) Development Law Service (Legal Office) 13

14 Animal Production and Health Division Development Law Service (LEGN) Legal Office Holistic, coordinated approaches Agriculture and Consumer Protection Technical Cooperation Department Forestry Fisheries Natural Resources Management and Environment Economic and Social Development Animal Health (including Fisheries) Plant Health (including Forestry) Food Safety

15 Animal Production and Health Division Development Law Service (LEGN) Legal Office FAO legal assistance in drafting legislation 30 years of experience for a work in progress.... 15 FAOs comparative advantages VPH Thematic Networks Wildlife Legal-AH Holistic approach to disease prevention and control Rehabilitation Strategic Planning GEMP/ Contingency planning Socio-economic and AH

16 Animal Production and Health Division Development Law Service (LEGN) Legal Office Food Safety Feed Abattoirs Meat, dairy, eggs Veterinary Drugs FOOD PRODUCTION CHAIN Natural resources Wildlife health and Conservation CITES Livestock and Animal Health legal framework Legal areas which need considered Land Water Waste Animal Health Production Administrative Law

17 Animal Production and Health Division Development Law Service (LEGN) Legal Office Production Feed/ Drugs Dairy Slaughter/ Meat Processing Animal Health & Production Animal Health Impact, Formulation, Prescription AH controls, product certification (AH) AH controls, SRM (BSE) AH product certification Aflatoxins/Resi dues/Products Safety and Quality Safety and Quality, Imp-Ext certification (safety) Hygiene Hygiene, Slaughterhouse s standards, health controls HACCP, GMP, Safety and Quality, Storage, transport ANIMAL AND FOOD PRODUCTION. A SHARED REGULATORY CHAIN

18 Animal Production and Health Division Development Law Service (LEGN) Legal Office Animal Production Animal Genetic Resources Animal Identification Animal Health Animal Welfare Products of Animal Origin Slaughterhouses Meat Inspection Dairy Sector Feed Veterinary Drugs Veterinarian Profession and Veterinary Paraprofessionals Prevention and Control Measures for Specific Diseases –BSE –Brucellosis –Avian Influenza –Swine Fevers –Foot and Mouth Disease FAO Legal Office Work in the Veterinary Arena

19 Animal Production and Health Division Development Law Service (LEGN) Legal Office Of great importance to FAOs work is the insight in compiling and analysing legislation across Ministries to identify discrepancies and ensure harmonisation between laws and legislation congruency 19

20 Animal Production and Health Division Development Law Service (LEGN) Legal Office 20

21 Animal Production and Health Division Development Law Service (LEGN) Legal Office Methodology for FAO Legal Work Collaborative: Suggestions for law reform provided alongside advice from technical experts Participatory: stakeholders, to accommodate multiple interests at stake and to foster a sense of ownership in the legislation prepared Independent: Disinterested advice drawing on international and comparative experience and based on objective analysis Tailor-made: Laws crafted to meet particular needs and concerns of individual countries or specific regions

22 Animal Production and Health Division Development Law Service (LEGN) Legal Office FAO experience in assessing countries ability to develop national and regional veterinary legislation is extensive The importance and investment of this effort includes and extends beyond the offices of the Veterinary Service... some recent examples... 22

23 Animal Production and Health Division Development Law Service (LEGN) Legal Office Examples Animal Health (Iraq, Maldives, Bahamas, Ecuador, Cape Vert, Tajikistan, Azerbaijan...) Draft Law on Animal Health/ Implementing regulations... And in specific response to H5N1 AI (2004-2007) advice on Compensation Strategies in > 30 countries Veterinary Drugs - Mozambique Draft Veterinary Drugs Law Livestock Identification - Malawi Draft Legislation on Establishment of Livestock Identification System Animal Feed Suriname - Feed Law APHCA - Implementing a risk-based preventative approach to mitigating risks associated with feed safety, including the Codex Code of Practice on Good Animal Feeding (CAC/RCP 54 – 2004) with relevant chapters of the OIE Terrestrial and Aquatic Animal Health Codes. Meat -Somalia Draft Law on Meat Inspection and Control

24 Animal Production and Health Division Development Law Service (LEGN) Legal Office Examples Veterinary Profession Rwanda Draft Legislation on the Veterinary Profession Dairy Development Barbados Draft Dairy Development Board Act Uruguay Assistance for the revision on Milk and dairy products legislation Regional Harmonisation Proposed model regulation on the prevention and control of BSE in Central America Regional and national legislation on Foot-and-Mouth disease and approved project to be launched for Classical Swine Fever (Andean Community)

25 Animal Production and Health Division Development Law Service (LEGN) Legal Office Past/closed projects (20 projects, 15 TCP) On-going projects (15 projects) New projects (Pipeline) (3 projects) LEG Map - FAO LEG-AH projects over the past 5 years The Development Law Service's legislative assistance projects relating to animals fall into three main categories: animal health, regulation of the veterinary profession, and control of veterinary drugs. FAO has also assisted with other legislation falling under the broad heading of veterinary matters

26 Animal Production and Health Division Development Law Service (LEGN) Legal Office Development Law Service (LEGN) Legal Office – FAO Legislative Studies 2005 2007 2010 1999 2004

27 Animal Production and Health Division Development Law Service (LEGN) Legal Office Conclusions 27 Legislation is not policy making and cannot substitute policy decisions Legislation is necessary to make policy objectives enforceable Legislation is necessary to set up clear responsibilities and instruments International standards (such as the OIE Terrestrial Code or Codex standards) serve to foster international harmonization (regulatory objectives) National legislation should be based on (i) the national legal tradition; (ii) the national legal framework, (iii) the national regulatory objectives.

28 Animal Production and Health Division Development Law Service (LEGN) Legal Office Conclusions 28 Legal processes should be based on legal analyses and involve multi stakeholders consultations Legal processes should incorporate capacity building strategies aimed at laws enactment and implementation The FAO has extensive experience in assessing countries ability to develop national and regional veterinary legislation – in the context of agriculture/livestock development and trade - to implement international standards (such as the OIE Terrestrial Code and STDF efforts of the WTO) This assistance is provided by a combination of technical and legal professionals and through the FAOs Legal Service network at headquarters and decentralised offices.

29 Animal Production and Health Division Development Law Service (LEGN) Legal Office Food and source of protein Wealth & welfare Manure / fuel Social / religious Hides Ploughing / transportation Trade

30 Animal Production and Health Division Development Law Service (LEGN) Legal Office 30 http://www.fao.org/legal/advserv/DevLawService.pdf


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