(Cap 139 section 3) [27 April 1973] (L.N. 93 of 1973) Cap 139B reg 1 Citation These regulations may be cited as the Public Health (Animals and Birds) (Animal Traders) Regulations. Cap 139B reg 2 Interpretation In these regulations, unless the context otherwise requires- "animal trader" (动物售卖商) means a person who sells, or offers to sell, animals or birds, other than a person selling or offering to sell any animal or bird kept by him as a pet or any offspring thereof; "housing facility" (畜舍设施) means a room, building or premises used to contain a primary enclosure; "licence" (牌照) means a licence granted or renewed under regulation 5; "licensed animal trader" (持牌动物售卖商) means the holder of a licence granted under regulation 5(1)(a); (L.N. 410 of 1990) "licensed premises" (领有牌照的处所) means any premises in respect of which a licence is granted under regulation 5(1)(b); (L.N. 410 of 1990) "outdoor area" (户外范围) means an outdoor area or space, whether containing a primary enclosure or not, used for the keeping, exercise or containment of animals or birds; "primary enclosure" (基本围封物) means a room, pen, case, compartment, hutch, or structure, used to immediately restrict animals or birds to a limited amount of space; "sanitize" (洁净) means to physically clean, and to remove and destroy, agents injurious to health. Cap 139B reg 3 Application These regulations shall apply to- (a) all animals except cattle, sheep, goats and swine; and (b) all birds except poultry. Cap 139B reg 4 Prohibition of trading without a licence (1) A person shall not- (a) carry on business as an animal trader otherwise than under a licence; or (b) keep animals for the purpose of his business as an animal trader other than in premises in respect of which a licence is granted.(2) Where an animal trader keeps animals for the purpose of his business as such in different premises a licence shall be required for the purposes of this regulation in respect of each of such premises. (L.N. 410 of 1990) Cap 139B reg 4A Prohibition on possessing quails for sale with other birds No person shall possess for sale any quail, with any other bird (other than a quail), at the same premises. (L.N. 219 of 2001) Cap 139B reg 5 Power of Director to license animal traders (1) Upon application in the form specified by the Director and payment of the fee referred to in paragraph (5) the Director may grant a licence to any person to- (a) carry on business as an animal trader; and (b) keep animals for the purpose of such business in the premises in respect of which the licence is granted. (L.N. 410 of 1990)(2) A licence shall not be granted or renewed unless the Director is satisfied that the primary enclosures, housing facilities and outdoor areas in which the applicant or licensee, as the case may be, intends to keep the animals or birds, conform to the standards specified in regulation 6. (3) The Director may attach to a licence such conditions as he may think fit. (4) A licence shall be valid for a period of 12 months beginning on the date it is granted. (L.N. 410 of 1990) (5) The fee for a licence shall be $2670. (L.N. 410 of 1990: L.N. 45 of 1995; L.N. 210 of 1996; L.N. 524 of 1997; L.N. 76 of 2002) (6)-(7) (Repealed L.N. 410 of 1990) Cap 139B reg 6 Standards of primary enclosures, etc. (1) A primary enclosure shall be- (a) structurally sound and maintained in good repair; (b) so designed as to contain adequately the animals or birds kept therein and to protect them from injury and predators; (c) so constructed and maintained as to enable the animals or birds kept therein to- (i) remain dry and clean; (ii) have convenient access to food and water; and (iii) move about freely and to stand, sit, lie and perch comfortably; and(d) so located as to avoid excessive illumination.(2) Housing facilities shall- (a) be structurally sound and maintained in good repair; (b) so designed as to contain adequately the animals and birds kept therein and to restrict the entrance of other animals and birds; (c) contain an adequate supply of potable water and a suitable drainage for the escape of excess water; (d) provide sufficient space for the storage of fresh food and bedding; (e) provide for the removal and disposal of animal or bird waste, food waste, used bedding, dead animals or birds and debris so as to minimize infestation, contamination, nauseating odours and the risk of disease; (f) be provided with sufficient fresh air ventilation, by means of windows, doors, vents or air conditioning, to promote the health and comfort of the animals or birds kept therein and to minimize draughts, odours and moisture condensation; (g) have ample lighting, by natural or artificial means or both, of good quality and so distributed as to provide sufficient light intensity to permit routine inspection and cleaning during trading hours; and (h) contain interior surfaces which are substantially impervious to moisture and may be readily sanitized.(3) An outdoor area shall provide- (a) sufficient shade to enable the animals or birds kept therein to protect themselves from the direct rays of the sun; (b) adequate shelter to afford to the animals or birds kept therein protection in inclement weather; and (c) suitable drainage for the escape of excess water. Cap 139B reg 7 Prohibition of alterations after grant of licence Where a licence has been granted, the licensee shall not, thereafter, save with the permission in writing of the Director, make any material alteration or modification to the primary enclosure, housing facilities or outdoor area. Cap 139B reg 8 (Repealed L.N. 410 of 1990) (Repealed L.N. 410 of 1990) Cap 139B reg 9 Husbandry and sanitation A licensed animal trader shall comply with the following requirements- (a) the housing facilities, primary enclosure and outdoor area shall be maintained in a clean and sanitary condition; (b) all excretal and other waste matter shall be removed from the licensed premises not less than once a day; (c) a programme for the control and destruction of insects, ectoparasites, avian and mammalian pests on the licensed premises shall be approved by, and maintained to the satisfaction of, the Director; (d) the food served to the animals or birds shall be adequate, free from contamination, wholesome and nutritive; (e) the water supplied to the animals or birds shall be potable and uncontaminated; (f) food and water receptacles shall be- (i) readily accessible to animals and birds; (ii) kept clean; and (iii) sanitized at such intervals as may be necessary to prevent contamination of the food and water; and(g) a supply of disinfectants shall be available for purposes of sanitation. Cap 139B reg 10 Certain animals or birds to be kept separate (1) Animals or birds shall not be housed in the same primary enclosure unless they are of the same, or of a compatible, genus. (2) Notwithstanding that they are of the same, or of a compatible, genus- (a) females in season (oestrus) shall not be housed in the same primary enclosure with males except for breeding purposes; (b) animals or birds of vicious disposition shall be housed individually in separate primary enclosures; (c) except where permanently maintained in breeding colonies, young animals or birds shall not be housed in the same primary enclosure with any adult animals or birds other than their dams or equivalent; and (d) animals or birds under treatment for a communicable disease shall be kept separate from other animals or birds. Cap 139B reg 11 Prohibition on hawking No person shall hawk an animal or bird. Cap 139B reg 12 Unweaned animals not to be sold No person shall sell an unweaned animal. Cap 139B reg 13 Offences and penalties (1) Any person who contravenes regulation 4(1)(a), 4A, 11 or 12 shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (L.N. 410 of 1990) (2) A licensed animal trader who contravenes- (a) any condition specified in his licence; or (b) regulation 4(1)(b), 7, 9 or 10, (L.N. 410 of 1990)shall be guilty of an offence and shall be liable on conviction to a fine of 1000 dollars. ( L.N. 219 of 2001; L.N. 263 of 2001) Cap 139B reg 14 (Omitted as spent) (Omitted as spent) Cap 139B reg 15 Transitional arrangement for existing licence holders (1) The amendments in the Amendment Regulation apply, with effect from the specified date but not earlier, in relation to a holder of a licence which is in force immediately before the commencement date and is in force on the specified date. (2) The amendments in the Amendment Regulation do not apply in relation to a holder of a licence which- (a) is in force immediately before the commencement date and is in force on that date; but (b) ceases to have effect on or before the specified date.(3) In this regulation- "Amendment Regulation" (《修订规例》) means the Public Health (Animals and Birds) (Animal Traders) (Amendment) Regulation 2001 (L.N. 219 of 2001); "commencement date" (生效日期) means the date on which the Amendment Regulation comes into operation; "specified date" (指明日期) means the date next following the expiry of the period of 60 days beginning on the commencement date. (L.N. 262 of 2001) (L.N. 219 of 2001)
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