Animal Feed

(1) Every person desirous of obtaining a licensee to manufacture any animal feed for sale shall make an application to the Register in that behalf.

(2) An application under subsection (1) shall contain the following particulars :-

(1) Upon receipt of an application made under section 4, the Registrar shall issue a licence if satisfied that the particulars contained in such application are true and accurate.

(2) Subject to the provisions of section 15 the issue of a licence shall be effective for the period stated in the licence, and shall be renewable on application made in that behalf.

(3) An application under subsection (2) for the renewal of a licence shall contain the following particulars :-

(1) The Registrar declare any animal feed-

to be an approval animal feed (hereinafter referred to as approval animal feed) and assign a number in respect of such approval animal feed.

(2) Every declaration made under subsection (1) shall be approved by the Minister and published in the Gazette.

(1) There shall be an animal Feed Advisory Committee (hereinafter to as the Committee) consisting of-

(2) The quorum for any meeting of the Committee shall be three members.

(3) The Director shall, if present, preside at all meetings of the Committee. In the absence of the Director from any such meeting, the members present shall elect one of the members to preside at such meeting.

(4) Every member, other than the Director, shall, unless he vacates office earlier by death, resignation or removal by the Minister, hold office for a period of three years from the date of appointment to such office:

Provided that a member appointed in place of a member who dies or resigns or otherwise vacates office, shall, unless he earlier vacates office hold office for the unexpired part of the term of office of the member whom he succeeds.

(5) The Minister may, by Order published in the Gazette, remove any member other than the Director, from office, without assigning any reason therefor and such removal shall not be called in question, in any court or tribunal.

(6) Any member other than the Director vacating office by the effluxion of time shall be eligible for reappointment.

(7) If any member other than the Director is unable at any time to perform the duties of his office by reason of absence or incapacity the Minister may appoint some other person to act in his place during such period in like manner as such member WIU; appointed in accordance with the provisions of subsection (1).

(8) The Minister may determine the remuneration of such members and the manner of such payment in consultation with the Minister in charge of the subject of Finance.

(a) The Committee may make rules in respect ‘of such or any of the following matters :

(b) Such rules shall be made at a meeting of all members of the Committee.

(i) advise the Registrar on any matter relating to the licensing of animal feed and the manufacture, storage and preparation of animal feed for sale and the sale of approved animal feed;

(ii) fix the minimum standard as to the composition, strength, quality and purity of any approved animal feed ;

(iii) fix the maximum level of deleterious or inert material allowable in approved animalfeed ;

(iv) recommend to the Controller of Imports and Exports on matters relating to import of animal feed and export of approved animal feed and animal feed ingredients.

(v) set out the manner in which approved animal feed shall be analysed ; and

(vi) take such other steps as may be prescribed that are connected with or incidental to the aforesaid matters.

(a) the trade name under which the approved animal feed will be sold;

(b) the common names of the active ingredients of the approved animal feed, in characters not smaller in size than half the size of those used for the trade name of the approved animal feed, and placed directly below the trade name;

(c) a statement of the composition of the approved animal feed expressed on weight percentage basis, and in the case of liquid formulation, expressed as grams per litre;

(d) the name and address of the manufacturer;

(e) a statement as to whether the approved animal feed a simple feed or a compounded feed ;

(f) the statement” approved animal feed under the Animal Feed Act. 1986″ shall be the symbol indicating that the animal feed has been declared as an approved animal feed under this Act and the licence number assigned to it by the Registrar;

(g) any other particulars as may be prescribed.

(1) The Committee shall, at the request of the Minister, prepare studies and reports on any particular matter relating to the production, manufacture, processing, distribution and sale of approved animal feed and it shall be the duty of the Committee to submit such report and make such recommendations as it considers desirable.

(2) In carrying out its duties and functions under this section. the Committee may seek the assistance of any Government department, public corporation or any other institution for the purpose of obtaining technical and statistical information and advice and it shall be the duty of such Government department. public corporation or any other institution. as the case may be. to give such assistance.

(1) Where any person contravenes any provision of this Act Dr any regulation made thereunder, the Registrar may, with the advice of the Committee, by order cancel or suspend the licence issued under section 5.

(2) No order under subsection (1) shall be made against the licencee except after notice to him to show cause within such period as may toe specified in the notice as to why such order should not be made and except on his failure to show cause within such period. or on his not showing sufficient cause.

(3) Where the Registrar cancels or suspends any licence used in respect of any approved animal feed under subsection (1) such animal feed manufactured by such licencee shall cease to be an approved animal feed.

(4) Every cancellation or suspension under subsection(1) shall be by Order published in the Gazette and in the Sinhala, Tamil and English newspapers.

(1) Any person aggrieved by the rejection of an application under section 5, or the cancellation or suspension of a licence. under section 15, may prefer an appeal in writing to the Secretary to the Ministry of the Minister (hereinafter referred to as the” Secretary”) against such rejection, cancellation or suspension, within sixty days after such decision is communicated to such person and the Secretary may, in dealing with any appeal preferred to him, affirm, vary or amend the Order against which the appeal has been preferred.

(2) The decision of the Secretary upon an appeal shall be final and conclusive for all purposes whatsoever, and shall not be called in question in any court or tribunal

(a) that has upon It any natural or added deleterious substance ‘or inert material in excess of the amounts as may be determined by the Committee under section 10 ;

(b) that Is adulterated or misbranded;

(c) in contravention or in violation of the provisions of this Act or any regulation made thereunder.

(a) if the print in any container .or the label .or package of any approved animal feed bears any statement, design .or device that is false, misleading, deceptive .or likely to create an erroneous impression, regarding its composition, strength, quality. purity .or safety ;

(b) if it is an imitation of, or substitute for or resembling in such manner as is likely to deceive, another approved animal feed, under the name, by which it is sold or offered or exposed for sale and is not labelled plainly or such label is not affixed conspicuously so as it indicate its true character;

(c) if it is stated to be a product .of a place .or country of which it is not truly a product;

(d) If it is sold or offered far sale by a name by which another approved animal feed is sold;

(e) if it is not printed or labelled in accordance with the requirements under this Act.

(1) No manufacturer or a distributor or a commission agent or dealer of any approved animal feed shall sell such approved animal feed to any person unless be gives that person a warranty in respect .of the composition, strength, quality and property of such animal feed.

(2) Where any manufacture .or distributor or a commission agent .or a dealer .of any approved animal feed gives a warranty that is false, misleading .or deceptive he shall be guilty .of an .offence under this Act.

(1) The Director shall nominate such number of officers of his department as may be necessary to carry out the purposes of this Act, and such officers shall be known as authorized officers.

(2) An authorized officer may

(3) Any authorized officer may enter any premises, at as reasonable hours of the day in the discharge of his functions under this Act or any regulation made thereunder. An authorized officer shall not be liable on account of such entry or on account of anything done bona fide in such premises which is necessary in the exercise, performance and discharge of his powers, duties and functions in pursuance of this Act or any regulation made thereunder.

(4) The owner or occupier or every person found therein shall give the authorized officer all reasonable assistance in his power to enable the authorized officer to carry out his duties and functions under this Act and shall furnish him with such information with respect to the administration of this Act and the regulation as he may reasonably require.

(5) No person shall obstruct or deceive or mislead an authorized officer in the carrying out of his duties or functions under this Act.

(1)Where an authorized officer has reason to doubt the genuineness of any approved animal feed and is of opinion that such approved animal feed in question requires analysis he shall, in the presence of the manufacturer, importer or seller or the agent of such manufacturer, porter or seller, as the case may be, obtain a sample of such approved animal feed and shall

(2) In the event of a dispute in respect of the result of an analysis the Registrar shall forward such part of “the sample as IS in his custody to a referee analyst nominated by him.

(3) In any prosecution under this Act a document purported to be the certificate of an analyst signed by an authorized analyst or referee analyst with regard to any sample procured for analysis under this section shall be conclusive evidence of the facts stated therein.

(1) An authorized officer when authorized to do so by the Director, shall have the right to examine any customs entries of imports of any approved animal feed imported into Sri Lanka and to take samples from such approved animal feed and forward such samples to the referee analyst for an examination and report.

(2) In any Case where samples are taken such approved animal feed shall not be delivered to the importer or consignor until the referee analyst has reported upon the sample taken.

(3) If the referee analyst reports that the approved animal feed does not confer to the minimum standard fixed under section 10 such approved animal feed shall not be admitted into Sri Lanka for use as an animal feed.

(1) An authorized officer shall, if he has reason to believe that any approved animal feed is held, or exposed or offered for sale in violation of the requirements of this Act, seize and hold such approved animal feed until a sample taken by him for analysis has been reported upon and until the Director has given an order for its disposal.

(2) Any approved animal feed seized under this section may, at the option of the authorized officer, be kept or stored in the building of place where it was seized, or be removed to any other place as may be determined by the Director.

(a) the licensing of an animal feed; and

(b) the renewal of a licence,

(1) Every person who contravenes or fails to comply \’ith any provision of this Act or any regulation made thereunder shall be guilty of an offence under this Act and shall on conviction after summary trial by a Magistrate be punishable with imprisonment of either description for a term not exceeding two years or to a fine not exceeding one thousand rupees or to both such fine and imprisonment.

(2) Where an offence under this Act is committed by body of persons, then

Provided, however, that no such person shall be deemed to be guilty of an offence if he proves that such offence was Committed without his knowledge or that he exercised due diligence to prevent the commission of the offence.

(1) The Minister may make regulations in respect of matters for which regulations are authorized, required or prescribed to be made under this Act.

(2) In particular, and without prejudice to the generality of the powers conferred by subsection (1), the Minister mat make regulations in respect of all or any of the following matters :

(3) Every regulation made by the Minister aba1l be published in the Gazette and shall come into operation on the date of publication or on such later date 88 may be specified in the regulation.

(4) Every regulation made by the Minister shall, 88 BOOD 88 convenient after its publication in the Gazette, be brought before Parliament for approval.

(5) Any regulation which u not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously thereunder.

(6) The date on which any regulation shall be deemed to be to rescinded shall be published in the Gazette 8.

(a) makes any approved animal feed ;

(b) adapts for sale any approved animal feed;