PUBLIC HEALTH (ANIMALS AND BIRDS) (ANIMAL TRADERS) REGULATIONS

PUBLIC HEALTH (ANIMALS AND BIRDS) (ANIMAL TRADERS) REGULATIONS

PUBLIC HEALTH (ANIMALS AND BIRDS) (ANIMAL TRADERS)
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation.................................. -
Page

1. Citation ................................. ... ... ... ... ... ... B2
2. Interpretation............................ ... ... ... ... ... ... ... B2
3. Application ........................... ... ... ... ... ... ... ... B2

4. Prohibition of trading without a licence... ... ... ... ... ... ... B2

5. Power of Director to license animal traders ... ... ... ... B 2

6. Standards of primary enclosures, etc . ... ... ... ... ... ... ... B 3

7. Prohibition of alterations after grant of licence ... ... ... ... ... B 4

8. Animals and bird. to be kept only in licensed premises ... ... ... B

9. Husbandry and sanitation .............. ... ... ... ... ... ... B 4

10...........................Certain animals or birds to be kept separate ... ... ... ... ... B 5

11................Prohibition on hawking .... ... ... ... ... ... ... ... ... ... B 5

12.....................Unweaned animals not to be sold ... . ... B 5

13................Offences and penalties .... 1 ... ... ... B 5

14. Transitional provision....... ... ... ... ... ... ... ... B 5





PUBLIC HEALTH (ANIMALS AND BIRDS) (ANIMAL
TRADERS) REGULATIONS

(Cap. 139, section 3)

[27th April, 1971]

1. These regulations may be cited as the Public Health (Animals
and Birds) (Animal Traders) Regulations.

2. In these regulations, unless the context otherwise requires

'animal trade?' 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' means a room, building or premises used to contain a
primary enclosure;

'licence' means a licence granted or renewed under regulation 5;

'licensed premises' means the premises or place at which an
animal trader ermay carry on business as such in accordance
with his lice licence;

'outdoor area' 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' means a room, pen, case, compartment, hutch, or
structure, used to immediately restrict animals or birds to a limited
amount of space;

'sanitize' means to physically clean, and to remove and destroyagents
injurious to health.

3. These regulations shall apply to

(a) all animals except cattle, sheep, goats and swine; and

(b) all birds except poultry.

under and in a

4. Save under and in accordance with a licence from

Director, no person shall carry on a business as animal trader.

5. (1) Upon application in the form specified by the Direc

tor, the Director may grant a licence to any person to carry on



a business as animal trader and may renew any such licence.

(2) A licence shall not be granted or renewed unless Director is satisfied
that the primary enclosures, housing faciling and outdoor areas in which the






applicant or licensee, as the c:- may be, intends to keep the animals or birds,
conform to standards specified in regulation 6.





(3) The Director may attach to a licence such conditions as he may
think fit.

(4) Every licence shall expire on the 31st day of December each
year.

(5) The fee for a licence, or a renewal thereof, shall be 100 c

dollars per calendar year or part thereof.

(6) A licence shall specify

(a) the particulars of the animal trader; and

(b) the premises or place at which he may carry on business.

(7) A separate licence shall be required for each licensed premises.

6. (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,

xpire

ence r a
,r Pa thel

cc

t~

im







e an a

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.

7. 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.

8. A licensed animrader shall only keep any animals or
birds for the purposes of his business in licensed premises.

9. 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;

food and water receptacles shall be-

(i) readily accessible to animals and birds;

(ii) kept clean; and

(iii) sensitized 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.





10. (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 corn-

cl

patible, 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.

11. No person shall hawk an animal or bird.

12. No person shall sell an unweaned animal.

13. (1) Any person who contravenes regulation 4,11 or 12 shall be
guilty of an offence and shall be liable on conviction to a fine of 2,000
dollars.

(2) A licensed animal trader who contravenes-

(a) any condition specified in his licence; or

17 L

(b) regulation 9 or 10,

shall be guilty of an offence and shall be liable on conviction to a fine of
1,000 dollars.

14. A licence granted under regulation 5 of the revoked Public
Health (Animals and Birds) (Animal Dealers) Regulations which is in
force at the commencement of these regulations shall be deemed, for the
purposes of these regulations, to have been granted under regulation 5.
L.N. 93/73. Citation. Interpretation. Application. Prohibition of trading without a licence. Power of Director to license animal traders. Standards of primary enclosures, etc. Prohibition of alterations after grant of licence. Animals and birds to be kept only in licensed premises. Husbandry and sanitation. Certain animals or birds to be kept separate. Prohibition on hawking. Unweaned animals not to be sold. Offences and penalties. Transitional provision. (Cap. 139, 1970 Ed. sub. leg.)

L.N. 93/73. Citation. Interpretation. Application. Prohibition of trading without a licence. Power of Director to license animal traders. Standards of primary enclosures, etc. Prohibition of alterations after grant of licence. Animals and birds to be kept only in licensed premises. Husbandry and sanitation. Certain animals or birds to be kept separate. Prohibition on hawking. Unweaned animals not to be sold. Offences and penalties. Transitional provision. (Cap. 139, 1970 Ed. sub. leg.)

https://oelawhk.lib.hku.hk/items/show/2671

1964

v11

139

5