FAO activities relevant to veterinary legislation FAO assistance

FAO activities relevant to veterinary legislation: FAO assistance in drafting veterinary legislation Juan Lubroth, Chief Veterinary Officer Carmen Bullón, Development Law Service FAO Animal Production and Health Division Development Law 1 Service (LEGN) Legal Office

• Dr Abdoulaye Bouna Niang 1949 - 2010 • Toute l’équipe de FAO présente ses condoléances émues à sa famille, ses collaborateurs et amis. • Prions pour que son âme repose éternellement en PAIX dans la terre de ses ancêtres au Sénégal. Animal Production and Health Division Development Law Service (LEGN) 2 Legal Office

Overview • • Setting the global scene International framework Areas of relevance for animal legislation The FAO assistance to prepare legislation on animal health • General principles of legal assistance Animal Production and Health Division Development Law Service (LEGN) 3 Legal Office

Setting the Scene • The livestock sector has been undergoing change at an unprecedented pace. • Demand for animal-source food growing rapidly. • Estimated human population 2050 – 9 billion • Demand for food of animal origin – Estimated needs by 50% Animal Production and Health Division Development Law Service (LEGN) Legal Office

Setting the Scene • Increase in production? • Increase in efficiency • Impact on rural and peri-urban areas and the environment • Animal health and poverty alleviation • Animal diseases impact on efficient production and use of resources – Estimate efficiency losses 25 -33% • . . . Trade restrictions Animal Production and Health Division Development Law Service (LEGN) Legal Office

Balancing objectives Human health Food security Animaland Production and State of Food Health Division Agriculture 2009 Environment Livelihoods Low development Rapid industrialization Slow industrialization Development Law Service (LEGN) Legal Office Post-industrial

ANIMAL DISEASES Economic risks Human health Productivity pandemic threats markets endemic disease Livelihoods food-borne illness Animaland Production and State of Food Health Division Agriculture 2009 Development Law Service (LEGN) Human well-being Legal Office

Millennium Development Goals 1. 2. 3. 4. 5. 6. 7. 8. Eradicate extreme poverty and hunger Achieve universal primary education Promote gender equality and empower women Reduce child mortality Improve maternal health Combat HIV/AIDS and other diseases Ensure environmental sustainability Global partnership for development Animal Production and Health Division Development Law Service (LEGN) Legal Office

Millennium Development Goals 1. 2. 3. 4. 5. 6. 7. 8. Eradicate extreme poverty and hunger Achieve universal primary education Promote gender equality and empower women Reduce child mortality Improve maternal health Combat HIV/AIDS and other diseases Ensure environmental sustainability Global partnership for development Animal Production and Health Division Development Law Service (LEGN) Legal Office

Veterinary legislation and international responsibilities of the veterinary authorities • • Country disease status and timely international/regional reporting Contingency and Emergency plans / biosecurity National campaigns Food/consumer safety Production and Animal Feed quality Biologicals (National production and importation) Contribution to academic curriculum (Ministries of Education) and aspects of professional conduct or continuing education Animal Production and Health Division Development Law Service (LEGN) 10 Legal Office

Veterinary legislation and international responsibilities of the veterinary authorities • Animal welfare is principally of the purview of VS yet other interests may also be valid and need to be considered. • International agreements. . . – Biological and Toxin Weapons Convention (BTWC; www. opbw. org) – Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES; www. cites. org/) Animal Production and Health Division Development Law Service (LEGN) 11 Legal Office

Tripartite Position Paper April 2010 Animal Production and Health Division Development Law Service (LEGN) Legal Office

• FAO Multi-professional collaboration • Animal Production and Health Division (AGAH) • Food Safety and Quality Division (AGN) • Codex Alimentarius Secretariat • Natural Resources Division (NR) Development Law Service (Legal Office) Animal Production and Health Division Development Law Service (LEGN) 13 Legal Office

Holistic, coordinated approaches • Animal Health (including Fisheries) • Plant Health (including Forestry) • Food Safety Fisheries Economic and Social Development Animal Production and Health Division Agriculture and Consumer Protection Technical Cooperation Department Forestry Natural Resources Management and Environment Development Law Service (LEGN) Legal Office

FAO’s comparative advantages FAO legal assistance in Legal-AH VPH drafting legislation Thematic Networks Wildlife 30 years of experience for a work GEMP/Contingency planning Strategic Planning in progress. . Socio-economic and AH Rehabilitation Animal Production and Holistic Health Division Development Law 15 Service (LEGN) approach to disease prevention and control Legal Office

Livestock and Animal Health legal framework Legal areas which need considered Administrative Law Land Water Natural resources Food Safety Animal Health Production Waste FOOD PRODUCTION CHAIN CITES Wildlife health and Conservation Feed Veterinary Drugs Animal Production and Health Division Abattoirs Meat, dairy, eggs Development Law Service (LEGN) Legal Office

ANIMAL AND FOOD PRODUCTION. A SHARED REGULATORY CHAIN Production Animal Health & Production Feed/ Drugs Animal Health Impact, Formulation, Prescription Aflatoxins/Resi dues/Products Safety and Quality Animal Production and Health Division Dairy Slaughter/ Meat Processing AH controls, product certification (AH) AH controls, SRM (BSE) AH product certification Safety and Quality, Imp-Ext certification (safety) Hygiene, Slaughterhouse s standards, health controls HACCP, GMP, Safety and Quality, Storage, transport Development Law Service (LEGN) Legal Office

FAO Legal Office Work in the Veterinary Arena • • • Animal Production Animal Genetic Resources Animal Identification Animal Health Animal Welfare Products of Animal Origin Slaughterhouses Meat Inspection Dairy Sector Feed Animal Production and Health Division • • • Veterinary Drugs Veterinarian Profession and Veterinary Paraprofessionals Prevention and Control Measures for Specific Diseases – BSE – Brucellosis – Avian Influenza – Swine Fevers – Foot and Mouth Disease Development Law Service (LEGN) Legal Office

Of great importance to FAO’s work is the insight in compiling and analysing legislation across Ministries to identify discrepancies and ensure harmonisation between laws and legislation �congruency Animal Production and Health Division Development Law Service (LEGN) 19 Legal Office

Animal Production and Health Division Development Law Service (LEGN) 20 Legal Office

Methodology for FAO Legal Work • Collaborative: Suggestions for law reform provided alongside advice from technical experts • Participatory: stakeholders, to accommodate multiple interests at stake and to foster a sense of ownership in the legislation prepared • Independent: Disinterested advice drawing on international and comparative experience and based on objective analysis • Tailor-made: Laws crafted to meet particular needs and concerns of individual countries or specific regions Animal Production and Health Division Development Law Service (LEGN) Legal Office

• FAO experience in assessing countries’ ability to develop national and regional veterinary legislation is extensive • The importance and investment of this effort includes and extends beyond the offices of the Veterinary Service. . . some recent examples. . . Animal Production and Health Division Development Law Service (LEGN) 22 Legal Office

Examples Animal Health (Iraq, Maldives, Bahamas, Ecuador, Cape Vert, Tajikistan, Azerbaijan. . . ) • Draft Law on Animal Health/ Implementing regulations • . . . And in specific response to H 5 N 1 AI (2004 -2007) advice on Compensation Strategies in > 30 countries Veterinary Drugs - Mozambique • Draft Veterinary Drugs Law Livestock Identification - Malawi • Draft Legislation on Establishment of Livestock Identification System Animal Feed • Suriname - Feed Law • APHCA - Implementing a risk-based preventative approach to mitigating risks associated with feed safety, including the Codex Code of Practice on Good Animal Feeding (CAC/RCP 54 – 2004) with relevant chapters of the OIE Terrestrial and Aquatic Animal Health Codes. • Meat -Somalia Animal andon Meat Inspection and Control Development Law Service (LEGN) • Production Draft Law Health Division Legal Office

Examples Veterinary Profession Rwanda • Draft Legislation on the Veterinary Profession Dairy Development Barbados • Draft Dairy Development Board Act Uruguay • Assistance for the revision on Milk and dairy products legislation Regional Harmonisation • Proposed model regulation on the prevention and control of BSE in Central America • Regional and national legislation on Foot-and-Mouth disease and approved project to be launched for Classical Swine Fever (Andean Community) Animal Production and Health Division Development Law Service (LEGN) Legal Office

LEG Map - FAO LEG-AH projects over the past 5 years The Development Law Service's legislative assistance projects relating to animals fall into three main categories: animal health, regulation of the veterinary profession, and control of veterinary drugs. FAO has also assisted with other legislation falling under the broad heading of “veterinary matters“ Animal Production and Health Division Past/closed projects (20 projects, 15 TCP) On-going projects (15 projects) New projects (Pipeline) (3 projects) Development Law Service (LEGN) Legal Office

Legislative Studies 2007 2005 Animal Production and Health Division 2004 2010 1999 Development Law Service (LEGN) Legal Office – FAO Development Law Service (LEGN) Legal Office

Conclusions • Legislation is not policy making and cannot substitute policy decisions • Legislation is necessary to make policy objectives enforceable • Legislation is necessary to set up clear responsibilities and instruments • International standards (such as the OIE Terrestrial Code or Codex standards) serve to foster international harmonization (regulatory objectives) • National legislation should be based on (i) the national legal tradition; (ii) the national legal framework, (iii) the national regulatory objectives. Animal Production and Health Division Development Law Service (LEGN) 27 Legal Office

Conclusions • Legal processes should be based on legal analyses and involve multi stakeholders consultations • Legal processes should incorporate capacity building strategies aimed at laws enactment and implementation • The FAO has extensive experience in assessing countries’ ability to develop national and regional veterinary legislation – in the context of agriculture/livestock development and trade - to implement international standards (such as the OIE Terrestrial Code and STDF efforts of the WTO) • This assistance is provided by a combination of technical and legal professionals and through the FAO’s Legal Service network at headquarters and decentralised offices. Animal Production and Health Division Development Law Service (LEGN) 28 Legal Office

Food and source of protein Social / religious Ploughing / transportation Wealth & welfare Manure / fuel Animal Production and Health Division Hides Development Law Service (LEGN) Legal Office Trade

Animal Production and Development Law Service (LEGN) 30 http: //www. fao. org/legal/advserv/Dev. Law. Service. pdf Health Division Legal Office