Regulation of Private Veterinary Clinics Law, 2006 (as Amended by Registration and Regulation of Private Veterinary Clinics (amendment) Law, 2024)

REGULATION OF PRIVATE VETERINARY CLINICS LAW, 2006 (AS AMENDED BY REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024)

1. Citation and commencement. This Law may be cited as the Regulation of Private Veterinary Clinics Law, 2006, and shall come into force on the 16th day of August, 2006.

2. Interpretation. (As amended by Section 3 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) In this Law- "ambulatory clinic" means a facility with the minimum requirements for examination, diagnosis and treatment on the client premises, or farms; "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; "Committee" means private veterinary hospital, clinic, ambulatory clinic and other veterinary establishments registration committee established by section 3 of this Law; "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; "the State" means the Delta State of Nigeria; "veterinary hospital" means any facility established to provide examination, diagnostic and health maintenance service for medical and surgical treatment of animals; "veterinary practitioner" means a veterinary surgeon registered under the provisions of the Veterinary Council of Nigeria Regulations.

3. Constitution of the Veterinary Establishments Registration and Regulation Committee (VERRC) (As amended by Section 4 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) (1) There is hereby established a Private Veterinary Hospital, Clinics, Ambulatory Clinics and other Veterinary Establishments Registration and Regulation Committee (hereinafter referred to as the "Committee") which shall consist of- (i) the Director of Veterinary Services as chairman; (ii) a representative of the Federal Ministry of Agriculture; (iii) the State Chief Animal Health and Husbandry Officer; (iv) the Chairman of the State branch of the Nigeria Veterinary Medical Association or his representative; (v) a representative of the registered private veterinary practitioners in the State. (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. (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. (3) The State Ministry of Agriculture shall be the Licensing Authority and shall issue such licence upon the receipt of favourable recommendation from the registration committee.

4. Registration of veterinary hospitals, clinics and other establishments. From the commencement of this Law, no premises within the State shall be used as a veterinary hospital; clinic or establishment without such premises having been first registered with the Licensing Authority, through the registration committee, and a licence issued in respect of the premises under the provisions of this law.

5. Veterinary practitioner (veterinary surgeon) in charge. Subject to the provisions of this Law, every private veterinary hospital, clinic, ambulatory clinic and other veterinary establishments shall be under the day-to-day management, control and supervision of a registered veterinary practitioner (hereinafter referred to as the veterinary practitioner/veterinary surgeon in charge) who shall be Responsible for ensuring that the provisions of this Law are complied with.

6. Duties of veterinary practitioner. (1) It shall be duty of every veterinary practitioner in charge of a veterinary hospital, clinic, ambulatory clinic or other veterinary establishments to furnish the committee with the name, number and addresses of the veterinary hospitals, clinics, ambulatory clinics and other veterinary establishments under his management, control or supervision. (2) The veterinary practitioner in charge shall keep proper records of all para-veterinary professionals, animal health and husbandry technologists and all other auxiliary staff under his employment and/or supervision and assign them duties according to their level of training and in conformity with the Veterinary Council of Nigeria Regulations and provisions of the Animals Diseases Act.

7. Breach of obligation to licence (As amended by Section 5 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) Any person who- (a) for the purpose of procuring the registration of any premises as veterinary hospital, clinic, ambulatory clinic or other veterinary establishments, makes a statement which he knows to be false; or (b) being a private veterinary surgeon, carries on veterinary business, in premises which is not registered or licensed; or (c) 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).

8. Qualification for sanitary mandate. Only veterinary practitioners, hospitals, clinics or other veterinary establishments registered or licensed under the provisions of this Law shall be qualified to operate in the State.

9. Manner of Application. An application for the grant of a licence under this Law, shall be made to the Registration Committee and shall be in such a form and manner and shall contain or be accompanied by such information, document, fees and other materials as may prescribed by the Committee.

10. Criteria and Conditions for Registration. Where an application is made to the Registration Committee in accordance with section 4 of this Law and is accompanied by the prescribed fee, the Committee shall, if satisfied- (a) that the veterinary practitioner in charge of and any other veterinary practitioner connected with the veterinary hospital, clinic, ambulatory clinic or veterinary establishment or any part thereof is qualified to practice any special branch of veterinary medicine there dealt with; (b) that the para-veterinary, auxiliary and assisting staff are adequate and are fully registered in conformity with provisions of any relevant enactments of the Veterinary Council of Nigeria; (c) that the premises is constructed and equipped to such standard as may be prescribed; and (d) that the applicant- (i) is capable of. complying with such conditions as may be imposed or attached to the licence; (ii) is qualified to be granted licence, recommended to the Licensing Authority to issue a, registration certificate to the applicant subject to such conditions as it may impose or as may be attached to a licence in such form as may be prescribed to the applicant in respect of the premises for which the application is made.

11. Inspection (As amended by Section 6 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) (1) The Committee or any three members thereof may at all reasonable times enter any premises registered under this Law for the purpose of supervision and inspection and may require to be produced to it or them all or any of the records, registers or documents required to be kept under the provisions of this Law; and the veterinary practitioner or persons in charge of the veterinary establishment shall take such steps as may be necessary to facilitate such supervision and inspection. (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.

12. Registration fees, duration and renewal (As amended by Section 7 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) (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.

13. Poweer to amend the requirement for issuance of a licence. The Licensing Authority may by instrument in writing revoke at any time any condition for the time being attached to a licence.

14. Suspension/Cancellation of licence (1) Where the Licensing Authority on the report and or recommendation of the Registration Committed has reasonable ground to believe- (a) that the licensee has failed to comply with any regulations made under the provisions of this Law; or (b) that the premises of any veterinary clinic is being kept in unclean or unsatisfactory conditions, the Licensing Authority may, after giving the licensee the opportunity of being heard or making representations by notice in writing require him before the date specified in the notice to remedy, to the satisfaction of the Licensing Authority, the defects specified in the notice. (2) If the licensee fails to comply with the requirements of a notice under subsection (1) thereof before the date specified therein, the Licensing Authority shall- (a) call upon the licensee to show cause why his licence shall not be revoked; or (b) suspend the registration and operation of such veterinary hospital, clinic or veterinary establishment until the conditions which caused the order of suspension to be issued have been rectified; or (c) cancel the registration of such veterinary hospital, clinic or veterinary establishment. (3) When an order of suspension or cancellation of the registration of a veterinary hospital, clinic or Veterinary establishment has been made under the provisions of this section, such veterinary hospital, clinic or establishment shall thereupon be closed for three months in the first instance and Upon review shall be recommended for re-opening or permanent closure.

15. Exhibition of licence. (1) Private veterinary surgeon of every registered clinic shall exhibit and keep in a prominent place on the registered premises and every branch clinic in which the business of a veterinary surgeon is conducted, a notice that the premises is registered in his name or style under which he carries on business. (2) The information required under subsection (1) of this section to be specified in the notice referred to in that subsection shall also be clearly shown on all notices, advertisements and other publications issued by the licensee and in all letters and other documents sent out by or on behalf of the licensee in the course of or in connection with his business as a veterinary surgeon.

16. Production of licence. Any person to whom a licence has been issued shall on being so required by members of the Registration Committee, a police officer or any person authorised by this Law or any other law, produce the licence for examination.

17. Replacement of licence. Any holder of a licence issued under this Law whose licence has been lost or destroyed may on payment of the prescribed fees obtain a new licence subject to the submission of a sworn affidavit to that effect from a court of law.

18. Appeal against refusal to renew licence. (1) Any person aggrieved by- (a) the refusal of the Licensing Authority to grant or renew a licence; or (b) the suspension, revocation or cancellation of a licence, made under the provisions of this Law, may within thirty days after receiving from the Licensing Authority notification of its decision, appeal to the Commissioner or to a High Court for the determination of the matter but the order of suspension or cancellation shall have immediate effect and shall not be stayed by reason of the lodging of any such application.

19. Yearly and monthly reports (As amended by Section 8 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) (1) The proprietor of every registered veterinary hospital, clinic or veterinary establishment shall keep proper records of his activities at the registered veterinary premises and at the end of every month under review shall prepare a report of his activities during the year which said report shall highlight the number of cases handled, clinical treatments, disease outbreaks, returns of vaccination plus some other matters in which a return might be required by the Licensing Authority or Government. (2) Any person required to make a return under this Law who fails to make a return within the time so required or fails to give any information or explanation in respect of the return which it is in his power to give shall be liable to a fine of N5,000.00 for every day during which the default continues: Provided that the period of default does not exceed 2 months. (3) 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.

20. Regulations (As amended by Section 9 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) The Committee (VERRC) may with the approval of the Governor make regulations specifically or generally for the purpose of bringing this Law into effect.

21. Trial of Offences (As inserted by Section 10 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) Offences under this Law shall be tried at the Magistrates Court or Revenue Court as the case may be.

22. Legal Proceedings (As inserted by Section 11 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) (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.

23. Offences (As inserted by Section 12 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) (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.

24. Power of the Commissioner to review rates and fines (As inserted by Section 13 of the REGISTRATION AND REGULATION OF PRIVATE VETERINARY CLINICS (AMENDMENT) LAW, 2024) 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.