Analysis of Uganda’s New Animal Feeds Act, 2023

Introduction

Parliament on 20th February 2024 passed the Animal Feeds Act. The President assented to the Act on 14th May 2024. The law doesn’t have a commencement date yet, but as is the practice, it will come into force upon being gazetted. The purpose of this Act is to operationalize the Animal Feeds Policy by providing regulation for the production, importation, exportation and marking of animal feeds. In so doing an Animal Feeds Committee is established to regulate the production, importation, exportation and marking of animal feeds. 

This Act was motivated by inadequate animal nutrients that was identified as one of the factors limiting Uganda’s production of livestock and poultry products. It was stated by the Minister of State in Charge of Animal Industry -     

Animal feeds account for 70% of the production of livestock products and therefore have a significant effect on the production costs and profits. The level of nutrition influences the infection rates and disease resistance in animals and the low level of nutrition is therefore part of the reason for the low livestock and poultry performance in Uganda. It is therefore necessary to upgrade the animal industry and to give priority to agricultural development in general, within the framework of private sector promotion and development.
 

This article intends to highlight the salient aspects of the intended Act that manufacturers, importers and exporters of animal feeds should know.

The Act applies to: a) animal feeds produced in Uganda for commercial purposes, for sale to the public and to the storage and transportation of such animal feeds; b) animal feeds to be imported into Uganda or exported from Uganda.

Animal feeds is defined under the law to mean any plant material, single, multiple whether processed, semi-processed or raw, which is intended to be fed directly to animals, except bees.
 

Production, Manufacture, Importation, Exportation, Storage, Transportation and Sale of Animal feeds:

A person who intends to produce, store or sell animal feeds is required to apply to the Animal Feeds Committee for a certificate of registration of the premises on which the production, storage or sale of animal feeds is to happen. Upon satisfactorily meeting the requirements, the Committee will issue a certificate of registration for the premises.

Produce, storage or sale of animal feeds from premises without a certificate of registration amounts to contravention of the law and commits an offense. 

The Minister responsible for animal industry (currently Minister of Agriculture, Animal Industry and Fisheries) is mandated through regulations to prescribe the procedure and the requirements for registration. For now, we can only wait to see how they will appear.

The certificate of registration is specific to particular premises and is not transferable to another premise. Similarly, alterations to the premises can only be done after seeking approval from the Committee for that purpose.

It should be noted that the certificate of registration may be suspended or revoked on the recommendation of the animal feeds inspector. During this period the holder of the certificate ceases operations. Should they continue operate following suspension or revocation of certificate, they would be committing an offence which in the case of a body corporate where found liable is fined not exceeding two hundred currency points.

In addition, any person who intends to produce, store, and transport or sell animal feeds is required to apply to the Committee for a licence to produce, store, and transport or sell animal feeds.

It is important to note that the application above attracts fees, which are to be paid in addition with evidence of employment of qualified personnel.
Where a person intends to carry out two or more of the business activities cited above, they may to make one application for all those business activities of interest. Upon satisfaction of the requirements, a licence is issued by the Committee.

The licence is valid for one year from the date of issuance. The licence is renewable and the licensee is required to apply for the said renewal at least 3 months before the expiry.

The licence may be revoked where:

• the licensee violates any terms or conditions specified in the licence;

• the certificate of registration of the premises under which the licensee operates is revoked;

• if issued for the production of animal feeds, the producer ceases or fails to employ qualified personnel or to maintain access to or ownership of an analytical laboratory; and 

• the licensee is convicted of any offence under the law. 
    

Importation and Exportation of Animal Feeds:

Importation: 

A person wishing to import animal feeds is required to apply to the committee for an import permit at least 10 working days before the animal feeds are imported. Should there be a change in the circumstances relating to the importation of the animal feeds, where an application has been made, the applicant is required to inform the Committee of the change within 24 hours of becoming aware of the said change.

Upon the Committee being satisfied that the applicant has met the requirements, an import permit will be issued stating the conditions for the import of the animal feeds and specifying the point of entry to be used.

The importer is required to present the consignment and accompanying documents to the veterinary inspector for inspection at the point of entry.

It is important to note that where the animal feeds are imported from a country that is not the country where the animal feeds were manufactured, the consignment is required to be accompanied by a sanitary certificate issued by the competent authority of the country of import.

Exportation:

A person wishing to export animal feeds is required to apply to the Committee for a sanitary certificate at least 10 working days before the animal feeds are exported. Should there be a change in circumstances relating to the exportation of the animal feeds, where an application has been made, the applicant is required to inform the Committee of the change within 24 hours of becoming aware of the said change.

Upon the Committee being satisfied that the applicant has met the requirements, a sanitary certificate will be issued specifying the point of exit to be used for export.
 

Production, Packaging, Labelling and Transportation of Animal feeds:

The law allows the use of bones, blood and other substances derived from animals or carcass of an animal to make animal feeds provided that such ingredients are treated in accordance to the regulations under the Act.

The law further allows use of additives in the production of animal feeds. These animal feeds additives are to be prescribed under the regulations issued by the Minister. This is a work in progress.

Contaminants in animal feed that is produced, imported, exported or sold are allowed within the limits recommended by Uganda National Bureau of Standards (UNBS). A person who produces, imports, exports or sells animal feeds that contain contaminants beyond the recommended limits commits an offence and is liable on conviction to a fine or imprisonment or both. In addition, the court may order for the destruction of the animal feeds at the expense of the producer, importer, exporter or seller of the feed.

No one is to produce, import, export, sell or use animal feeds that contain prohibited substances. To do so is to commit an offence. Some of the prohibited substances include; gentian violet, propylene glycol in or on cat food, hide treated with tanning substances, seeds and other plant propagating materials which have undergone specific treatment with plant protection products or any by-products denied from such seeds and plant propagating materials, sand, stones, wood including saw dust, wood shavings or other materials derived from wood, domestic and industrial waste water irrespective of any further processing of such waste water, human drugs and any other products as the Minister may prescribe under the regulations.

No one is allowed to import or produce locally made animal feeds that contain veterinary drugs or hormones without the approval of the National Drug Authority (NDA). The animal fees authorised to contain veterinary drugs are labelled in accordance with the Act. Anyone importing or producing animal feeds locally that contain veterinary drugs or hormones contrary to the Act commits an offence and is liable to a fine or imprisonment or both. In addition, the court may order for the destruction of such animal feeds at the expense of the importer, producer or exporter.

A person intending to produce animal feeds is required to establish and maintain a feed quality control laboratory approved by the Committee or have proof of access to a feed quality control laboratory approved by the Committee. In addition, one is required to engage the services of a chemist or animal nutritionist who is responsible for the analysis and testing of animal feeds and for determining conformity of the animal feeds to the standard of UNBS before the feeds are returned for sale.

The chemist or animal nutritionist is required to issue a certification of analysis for each batch of animal feeds before it is returned for sale. The producer of animal feeds is also required to keep a record of the nutrient composition of each batch of animal feeds by category as prescribed under the regulations. 

Packaging:

Whoever produces, imports, exports or sells animal feeds that are required to be sold in a package is mandated to use a package that is strong and has a seal to withstand reasonable handling, tamper proof, leak proof, clean and not previously used.

Tampering with package of animal feeds is prohibited and whoever does it commits an offence and is liable on conviction to a fine or imprisonment or both.

Labelling:

Anyone who intends to import, export or sell animal feeds is required to do in packages that are labelled. Failure to do so, amounts to an offence. A label that is misleading, false, misrepresenting or deceptive is prohibited.
 

Redress:

Any person aggrieved by the decision of the Committee may appeal to the Minister in writing within 30 days from the date of the decision. Similarly, the Minister is required to make a decision on the matter being appealed and his/her decision communicated within 10 working days from the date of receiving the appeal.
 

Regulations:

The Minister is given the mandate to make regulations by way of statutory instrument for better carrying into effect the provisions of the Act. The regulations are meant to operationalise the Act by giving greater details, the process flow and documentation required at the different stages envisaged under the law.

Conclusion

The Act represents a significant legislation designed to enhance the safety and quality of animal feeds, thus safeguarding both animal welfare and human health.

Its successful implementation will require collaboration among stakeholders, effective enforcement mechanisms and regular mandatory evaluation to address evolving risks and challenges in the animal feed industry.   
 

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The content of this article is intended to provide a general guide on the subject matter and should not be relied upon without seeking specific legal advice on any matter.

Picture Credit: NAGRC&DB