Registration and Regulation of Private Veterinary Clinics (amendment) Law, 2024

REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024

1. Short Title and Commencement. This Law may be cited as the Registration and Regulation of Private Veterinary Clinics (Amendment) Law, 2024 and shall come into force on the day it receives the Governor's assent.

2. Interpretation. "Principal Law" means the Regulation of Private Veterinary Clinics Law, 2006.

3. Amendment of Section 2 of the Principal Law. Section 2 of the Principal Law is amended as follows: (a) by deleting the following definitions: "Commissioner", "Licensing Authority", "Other Veterinary Establishment" and "Permanent Secretary"; and (b) by inserting the following definitions in their appropriate alphabetical positions: "Animal Boarding" means a facility where animals are housed, fed and cared for, excluding a veterinary clinic, for a period greater than twenty-four (24) hours for commercial purposes; "Authorised Officers" means any person (s) appointed by the Committee to perform certain compliance and enforcement duties; "Commissioner" means the Commissioner charged with the responsibility for Agriculture and Natural Resources in the State; "Court" means Magistrate or Revenue Court as the case may be; "Licencing Authority" means the authority in the State Ministry of Agriculture and Natural Resources responsible for Animal Health matters and carrying out functions relating to the registration and operation of veterinary clinics/hospitals and other veterinary establishments; "Other Veterinary Establishment" means a diagnostic laboratory, diagnostic X- ray unit or veterinary drugs stores, pet stores, animal hotels or animal boarding including facility with minimum input, e.g. an office, a room, a shop or kiosk for the exhibition of veterinary products, drugs, equipment, pet food, instruments and other veterinary' inputs; "Permanent Secretary" means the Permanent Secretary in the Ministry responsible for Animal Health matters; "Prescribed Officer" means an officer assigned by the Committee to carry out duties related to this law;

4. Amendment of Section 3 of the Principal Law. Section 3 of the Principal Law is amended as follows: (a) by deleting the heading "Constitution of the Registration Committee" and the following heading is substituted "Constitution of the Veterinary Establishments Registration and Regulation Committee (VERRC)"; (b) by inserting in subsection (1), (i) the words "and Regulation" after the word "Registration", and (ii) the following new paragraphs "(vi), (vii) and (viii)": "(vi) a State Counsel not below the rank of a Chief State Counsel on Grade Level 14 from the Ministry of Justice; (vii) a representative of the Nigerian Police Force not below the rank of a Deputy Superintendent; and (viii) a Secretary, who shall be a Veterinary Officer from the Veterinary Department, State Ministry of Agriculture and Natural Resources not below the rank of a Chief Veterinary Officer on Grade Level 14."; and (c) by deleting subsection (2) and substituting a new subsection (2) as follows: "(2)(a) The Committee shall be responsible for the accreditation, inspection, registration, regulation and supervision of private veterinary hospitals, clinics, ambulatory clinics and other veterinary establishments in the State, and shall recommend to the licensing Authority the issuance of a licence. (b) The committee shall have power to prescribe a penalty for the late registration or annual licence renewal submitted after the first quarter of every new year."

5. Amendment of Section 7 of the Principal Law. Section 7 of the Principal Law is amended by deleting paragraph (c) and the punishment provision and to substitute the following paragraph and punishment provision: "being an unauthorised or unlicenced practitioner in possession of veterinary drugs, animal vaccines, veterinary equipment, pet feed and animal handling accessories; commits an offence and shall on conviction, be liable to imprisonment for 2 (two) years, or a fine of N200,000.00 (Two Hundred Thousand Naira)."

6. Amendment of Section 11 of the Principal Law. Section 11 of the Principal Law is amended by: (a) inserting "(1)" before the existing provision; and (b) inserting subsection (2) as follows: "(2) The Committee (VERRC) shall have powers to: (a) enter into any premises in which they reasonably believe that an article to which this Law applies is manufactured, prepared, stored, preserved, packaged, dispensed, or marketed therein; (b) examine any article in the premises to which this Law applies which they reasonably believe is used or is capable of being used for the manufacture, preparation, preservation, packaging, storage or sale of any such article; (c) take sample or specimen of any article to which this Law applies, open and examine while in the premises and in the presence of the owner or his or her representative any container or package which it reasonably believes may have any article to which this Law apply; (d) examine any books, documents or other records found in the premises which it reasonably believes may contain information relevant to the enforcement of this Law and to make copies of the same; (e) seize and detain for such time as may be necessary any article by means of which it reasonably believes any provision of this Law has been contravened; (f) seize and detain for such time as may be necessary any article where these articles are kept, displayed, sold or dispensed in any unauthorized premises or place; (g) seize and detain for such time as may be necessary any article if it has reasonable grounds to suspect that such items are or likely to be unwholesome, impure, fake, expired, adulterated or banned; (h) inspect premises proposed for registration of Veterinary Hospital, Veterinary Pharmacy, Veterinary Clinic or Consulting Room/House Call or any Other Veterinary Establishments and to make appropriate recommendation to the appropriate licensing authority; (i) seal any Veterinary premises that operates outside the provisions of this Law and regulations of Veterinary Council of Nigeria (VCN) on veterinary private premises registration; and (j) conduct periodic inspection on all categories of veterinary premises with or without prior notice."

7. Amendment of Section 12 of the Principal Law. Section 12 of the Principal Law is deleted and the following Section is substituted: "12(1) Registration Rate (within the first quarter of the year): (i) Registration form N2,000. (ii) Small Holding (Clinics /Enterprises) N10,000. (iii) Medium Holding (Hospitals /Limited Liability Company) N20,000. (iv) Large Holding (Importers, Manufacturers, Big Distributors) N50,000. (v) Ambulatory N10,000. (vi) Laboratory N15,000. (vii) Petshop N10,000. (viii) Animal Hotel/ Animal Boarding N15,000. (2) Annual Renewal Rate: (i) Small Holding N5,000. (ii) Medium Holding N10,000. (iii) Large Holding N20,000. (iv) Ambulatory N5,000. (v) Laboratory N10,000. (vi) Pet-shop N5,000. (vii) Animal Hotel/Animal Boarding N10,000. (3) Late registration/renewal; an additional N10,000 for all categories listed above."

8. Amendment of Section 19 of the Principal Law. Section 19 of the Principal Law is amended as follows: (a) in subsection (1), delete the words "every year" before the words "under review" and insert the words "every month"; (b) in subsection (2), delete the figure "N500" and insert the figure "N5,000"; and (c) insert a new subsection (3) as follows: "After the expiration of 2 months of default, the proprietor shall be liable upon conviction to 3 months imprisonment or a fine of at least N50,000.00 (Fifty Thousand Naira) for a first-time offender; while subsequent offenders on conviction shall be liable to a minimum of 6 (six) months imprisonment or a fine not less than N100,000.00 (One Hundred Thousand Naira) or both."

9. Amendment of Section 20 of the Principal Law. Section 20 of the Principal Law is amended by deleting the word "Commission" and substituting the word "Committee (VERRC)".

10. Insertion of Section 21 Trial of Offences. "21. Offences under this Law shall be tried at the Magistrates Court or Revenue Court as the case may be."

11. Insertion of Section 22 Legal Proceedings. "22. (1) No suit shall be instituted against any of the members of the Committee or any person acting under the directives of the Committee in respect of any act or any neglect of duty done under this Law unless one (1) month's notice has been delivered at the State Ministry of Justice or the Nigerian Police Force or the office of the Secretary to the Committee being sued or other persons affected by the action and the name and place of the abode of the intending claimant and relief which he claims is clearly stated. (2) In any suit by or against any of the Committee members, the affected Committee member may be represented in Court at any stage of the proceedings by a Law Officer from the State Ministry of Justice or a Legal Practitioner duly appointed to act in that behalf. (3) In this Section, "suit" includes any action initiated in a Court of Law or an Arbitral body but does not include criminal proceedings."

12. Insertion of Section 23 Offences. "23. (1) Anyone who molests a Committee Member or authorised officer while carrying out duties under this Law, or disrupts the activities of the Committee, shall be liable to imprisonment for six (6) months or a fine of N100,000.00 (One Hundred Thousand Naira) for a first-time offender, but subsequent offender shall be liable to not less than twelve (12) months imprisonment or a fine of at least N250,000.00 (Two Hundred and Fifty Thousand Naira) or both. (2) Anyone who forcefully breaks into a veterinary premises sealed by the Committee under this Law shall be liable to imprisonment for six (6) months or fine of N100,000.00 (One Hundred Thousand Naira) for a first-time offender, but a subsequent offender shall be liable to not less than twelve (12) months imprisonment or a fine of at least N200,000.00 (Two Hundred Thousand Naira) or both. (3) Anyone whose premises is sealed for non-compliance and refuses to comply to the requests of the Committee within five (5) days after sealing shall be liable to imprisonment for three (3) months or fine of N50,000.00 (Fifty Thousand Naira) for a first-time offender but a subsequent offender shall be liable to not less than twelve (12) months imprisonment or a fine of at least N500,000.00 (Five Hundred Thousand Naira) or both."

13. Insertion of Section 24 Power of the Commissioner to review rates and fines. "24. The Commissioner on the advice of the Committee may by a regulation made under this Law have the power from time to time and as may be necessary to review' the rates and fines stipulated in this Law."