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V E T E R I N A R Y L A W

Published date: 30.01.2007 15:51 | Author: Propisi

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Based on the Article 88 item 2 of the Constitution of the Republic of Montenegro I hereby issue

THE DECREE
ON PROCLAMATION OF THE VETERINARY LAW

The Veterinary Law adopted by the Parliament of the Republic of Montenegro at the Sitting of the First Extraordinary Session in 2004 on February 16, 2004 is hereby proclaimed.

No. 01-236/2
Podgorica, February 17, 2004.

President of the Republic of Montenegro
Filip Vujanovic, manu propria.



V E T E R I N A R Y L A W

The Law was published in the Official Journal of the Republic of Montenegro No. 11/2004, February 20, 2004.



I. GENERAL PROVISIONS

Article 1

This Law governs: infectious animal diseases; outbreak prevention, suppression, and eradication of infectious animal diseases; veterinary prophylaxis; obligatory animal health care scope; animal welfare protection; financing of animal health protection; organizing legal persons for carrying out veterinary activities; ensuring execution of duties of public interest as well as other issues of relevance for carrying out veterinary activities.

Article 2

For the purposes of this Law, specific terms shall mean as follows:
1. animals are animals for production, animals for slaughter, pets, game, aquatic animals, hares, bees, silkworms, snails, other molluscs, laboratory animals, decorative and exotic animals;
2. animals for production are all animals (including fish, reptiles and amphibians) bred or kept for production of foodstuffs, wool, hide, fur, or for other farming purposes;
3. animals for slaughter are animals whose body parts are used for human consumption, including aquaculture and fattening game;
4. pets are dogs, domestic cats, exotic and decorative birds, small rodents, terrarium animals, aquarium animals, and other animals bred or reared for the purpose of keeping company, recreation, protection or assistance to humans;
5. game are wild animals which are freely roaming the nature, as well as wild mammals and wild birds which live free in the enclosed areas, under the conditions similar to those in nature and that are defined by the regulations on game and hunting and whose meat may be used for human consumption, they are not slaughtered like domestic animals but hunted in accordance with the regulations on hunting;
6. fattening game are terrestrial mammals, reptiles, and wild birds, bred and slaughtered in the same way as domestic animals;
7. animals inhabiting free waters are fish, crustaceans, shellfish and other animals that live in water and are defined by the regulations in the field of fishery, harvested from their natural habitat and whose meat and tissue is used for human consumption;
8. aquaculture animals are fish, crustaceans and shellfish from farms including those captured for the purpose of farm-breeding;
9. aquaculture product is a product obtained from aquaculture animals, intended either for farm breeding, such as ova and fertilized ova or for human consumption;
10. fish, crustaceans and shellfish imply all fish, crustaceans and shellfish in any of development stages;
11. experimental animals are animals that have been used or shall be used in experiments;
12. experiment is every use of animals for experimental or other scientific purposes that can inflict pain, suffering, mental agony or a lasting injury on animals, including all activities that shall or might result in birth of the animal in any of the conditions mentioned, but excluding the deliberate painful methods of killing or marking of animals accepted in the contemporary practice (the so-called humane methods). An experiment begins when an animal is for the first time being prepared for use and it ends when no further observations for the purpose of that experiment are made. Elimination of pain, suffering mental agony or lasting injury through effective use of anaesthesia or analgesia or other methods does not mean use of animals beyond this definition. Non-experimental, agricultural or clinical veterinary practice is not included in this definition.
13. breeding animals are animals of male and female animals intended for reproduction;
14. pure-bred animals breeding refers to breeding of pure-bred males and females, ova and fertilized ova and sperm donors, establishments for breeding of pure-bred animals, artificial insemination centres, poultry breeding stocks, fish breeding stocks, queen bee breeding establishments;
15. animal identification is a procedure for individual marking of animals by ear tags, tattoos, microchips, or in other lasting manner for the purpose of identification and movement control and collection of all data into a unique IT system;
16. owner or keeper of animal is any natural or legal person responsible for or in charge of an animal on either temporary or permanent basis;
17. animal products (hereinafter referred to as: products) are all products derived from animals, hatching eggs, sperm, ova, fertilized ova;
18. foodstuffs of animal origin (hereinafter referred to as: foodstuffs) refers to anything that is used by man for nutritive purposes in the unprocessed, treated or processed form if derived from animals;
19. raw materials of animal origin (hereinafter referred to as: raw materials) are unprocessed body parts of animals with the exception of foodstuffs;
20. slaughterhouse is any registered facility, including the establishments for transportation and collecting of animals before slaughtering where commercial slaughtering of animals is done in compliance with the provisions of this Law;
21. foodstuffs production is the acquisition, preparation, treatment, processing, after-treatment, wrapping, pre-wrapping and packaging of foodstuffs that is carried out in registered production establishments;
22. foodstuffs placed on the market is a foodstuffs for which a veterinary inspector has by a veterinary check established that there exist no hindrances for the placing on the market and approves of the loading and transport from a registered establishment;
23. placing of foodstuffs is keeping foodstuffs for the purpose of sale, including offers for sale or any other form of transfer against payment or free of charge as well as sale, distribution and other forms of transfer;
24. placing of animals, products, raw materials and waste of animal origin refers to importation, transit, exportation, sale or any transfer of goods to third parties;
25. trader in animals (hereinafter referred to as: trader) is a legal or natural person that meets the prescribed requirements for purchase or sale of animals, with the exception of animals stated under the Article 13 paragraph 5 of this Law;
26. transit is any movement of consignments of animals, foodstuffs, raw materials, products, medicinal products and medicinal devices, animal feed and waste across the border of Montenegro to/from other countries;
27. medicinal products and medicinal devices for use in veterinary medicine (hereinafter referred to as: veterinary medicines) are all substances or combinations of substances, prepared and intended for treating animals or for prevention of animal diseases. Medicines also include substances or combinations of substances that can be used on animals for diagnostic purposes, or in order to improve or change physiological functions;
28. residues are remains of pharmacologically active substances or their metabolites as well as remains of other substances that are transferred to foodstuffs of animal origin and that can be detrimental to human health;
29. waste of animal origin (hereinafter referred to as: waste) are bodies or body parts of animals that are not intended or fit for human consumption, as well as foodstuffs and products not fit for human consumption;
30. wastewaters are waters produced in the establishments for breeding of animals, slaughterhouses and other establishments for treating, processing, and collecting of raw materials, foodstuffs and waste, requiring special drainage and purification technology;
31. animal feed refers to any substances or products, including additives, either processed, partly processed or unprocessed intended animal feeding of animals orally;
32. veterinary check and control is any physical control and/or administrative formality applied on animals, raw materials, products, foodstuffs, animal feed, waste and establishments aimed at direct or indirect protection of human or animal health;
33. place of origin is a place or establishment wherein a veterinary check has been carried out and, thereupon, a veterinary certificate or attestation issued;
34. infectious animal diseases are diseases identified by the international zoo-sanitary codex of the World Organisation for Animal Health (OIE);
35. zoonoses are all diseases or infections that can be naturally transmitted from animals to humans and vice versa;
36. epizooty or epidemic of infectious disease are numerous cases of an infectious disease which have, in view of incidence, time, place, and affected animal species, exceeded the expected number of cases;
37. infected area is the area where one or more than one source of infection was established and where further spreading of the infection is possible;
38. endangered area means an area, whereto a disease from the infected area may be transmitted and where spreading of the disease is possible;
39. establishment is a facility required for breeding of animals or a facility or a plant where foodstuffs, products, raw materials, waste and animal feed are treated or processed.
40. establishment for breeding animals with unconfirmed or dubious epizootic situation is an establishment where prescribed checks of animals have not been conducted, or an establishment of an animal owner involved in illegal and uncontrolled trade in animals and products;
41. veterinary hygiene service is a legal person providing services within the original jurisdiction of a municipality;
42. safe disposal is a prescribed procedure for safe disposal of carcasses, certain inedible by-products of slaughter, cutting, treatment and processing of meat, fish, game, milk, eggs, honey and products of animal origin intended for production of animal feed or use in industry, when, due to veterinary reasons and for the purpose of human health protection, they must not, or cannot, be used through further processing; it is carried out in the establishments approved for safe disposal, by burial in animal graveyards and mass graves, or by incineration;
43. euthanasia is killing of animals without inflicting any pain pm them;
44. veterinary workers are veterinarians and ancillary veterinary staff technicians and paramedics;
45. veterinarian is a doctor of veterinary medicine or graduated veterinarian holding a veterinary license;
46. veterinary license is a license for carrying out veterinary activities prescribed by this Law;
47. legal persons are legal persons in the veterinary field, i.e., legal persons carrying out veterinary activities that are organized in the form of: veterinary dispensary, veterinary clinic, veterinary dispensary for pets, livestock-veterinary reproduction centre, embryotransfer centre, specialist veterinary laboratory, the National Veterinary Institute and the Veterinary Chamber;
48. authorized laboratory is a laboratory that meets the prescribed requirements for carrying out specific activities in the veterinary field and is authorized by the Ministry for carrying out these activities;
49. veterinary first aid is providing the aid necessary in cases of direct threat to life of an animal;
50. veterinary service is an activity carried out by a veterinarian within or outside a legal person in order to ensure animal health, for the preventive or breeding purposes, for a veterinary check or inspection and the interventions in reproduction or other purposes, with the exception of activities carried out under the obligatory scope of animal health protection;
51. veterinary public health care includes activities within the scope of control of animals, foodstuffs and products as well as veterinary environmental protection, which are directly or indirectly meant to protect human health from zoonoses, other diseases and harmful residues, which are foodstuffs-borne and may affect human health.
52. written instruction is an instruction issued by a legal person or other legal person authorized to provide services in compliance with this Law.

1. Veterinary activity

Article 3

Veterinary activity, in the terms of this Law, includes:
- protection and improvement of animal health;
- protection of animals against infectious and other diseases;
- detection and diagnosing of diseases and treatment of the diseased animals;
- implementation of the animal health protection program;
- providing of the measures for protection of humans against zoonoses, alimentary infections and intoxications; prevention of outbreak, suppression and eradication of these diseases; and prevention of transmission of these diseases from animals to man;
- control in order to ensure health suitability of raw materials and foodstuffs, providing for health suitability of foodstuffs and prevention of harmful substances residues in foodstuffs through control at the places where animals are bred and raw materials are produced, processed and stored;
- control at the places where animal feed is produced, processed and stored in order to provide health suitability of animal feed;
- control in order to provide health suitability of water for watering of animals;
- ensuring the reproduction of animals in the light of animal health protection;
- ensuring environmental protection measures against pollution through animal disease agents as well as hygienic conditions and environmental suitability as regards animal health protection;
- protection of animals against cruelty and suffering and care for animal welfare;
- production, distribution and control of medicinal products and medicinal devices for use in veterinary medicine;
- activities of disinfection, pest and rodent control, deodorization and decontamination;
- marking of animals for the purpose of identification and movement control;
- veterinary education, promotion of awareness and notification of the public.

Article 4

Administrative and related professional activities regarding the monitoring and prevention of outbreak, detection, suppression and eradication of certain infectious animal diseases, veterinary prophylaxis in animals, products of animal origin, raw materials, waste, foodstuffs of animal origin, animal feed, semen for artificial insemination, ova and fertilized ova in inland trade and trade across the border of the Republic of Montenegro, implementation of the obligatory animal health protection scope, ensuring of execution of duties of public interest, establishing of compliance with veterinary-sanitary requirements for carrying out veterinary activities and issuing licences for these activities, inspection surveillance in the field of veterinary activities and other duties laid down by the Law are carried out by the administration body in charge of veterinary activities (hereinafter referred to as: the administration body).


2. Rights and Obligations of Animal Owners and Other Persons

Article 5

Owners of animals have a right to health care of animals.
Natural and legal persons have an obligation to protect animal health and human health against diseases and infections transmissible between humans and animals, and against the consequences of residues of harmful substances in foodstuffs of animal origin.
A veterinarian has an obligation to provide veterinary first aid.
Natural and legal persons have an obligation to make possible carrying out veterinary checks and controls and enable taking of material necessary for examination, and carrying out of other prescribed measures.
Natural and legal persons must immediately inform the competent legal person or veterinary inspectorate when they have established that animal health, or public health as a result thereof, has been endangered and within the deadline set provide the necessary data on animal health protection and measures implemented, and to facilitate verification of accuracy of the data provided.
Owners or keepers of animals must keep the prescribed records on number and health condition of animals.
Owners of animals are entitled to a free choice of a veterinarian, with the exception of cases stated under the Article 12 paragraph 1 item 3, Articles 21 and 22 and Article 64 items 2, 7 and 8 of this Law.
The owner of an animal is entitled to information about the possibilities for providing professional veterinary assistance, cost of veterinary services, and possible consequences.
The contents, form, and method of keeping the records stated under the paragraph 6 of this Article is laid down by the Ministry in charge of veterinary issues (hereinafter referred to as: the Ministry).

3. International Obligations

Article 6

International obligations as regards prevention of outbreak, detection, suppression and eradication of infectious animal diseases in international trade in animals, products, raw materials, foodstuffs, animal feed and waste of animal origin and items that may transmit infectious diseases are met in compliance with the international conventions and other international agreements.


II. INFECTIOUS ANIMAL DISEASES

A. Types of Infectious Animal Diseases

Article 7

Infectious animal diseases, owing to which the general and special preventive measures and other measures prescribed by this Law are carried out, are in view of the type of the agent of the disease and measures required for prevention of their outbreak, detection, suppression and eradication, classified into the List A Diseases, List B Diseases and other diseases, in compliance with the Codex of the World Organization for Animal Health (OIE) and epizootiological situation.
The List A includes highly dangerous infectious diseases that may be suddenly and quickly spread regardless of the state borders.
The List A diseases may cause major social and economic consequences for the country and/or endanger the existence of certain animal specie and endanger international trade in animals and products of animal origin.
The List B includes infectious diseases that may cause negative social and economic consequences and/or negative consequences to public health within the country as well as negative consequences to international trade in animals and products of animal origin.
Other diseases include less dangerous infectious diseases.
Zoonoses are diseases or infections that are in the natural way communicable from animals to humans and vice versa.
A detailed classification of the diseases referred to in this Article, the method of notification and reporting, and measures to be taken are laid down by the Ministry.






B. PREVENTION OF INFECTIOUS ANIMAL DISEASES OUTBREAK

Article 8

Protection of animals against infectious diseases and protection against zoonoses, in terms of this Law, is the obligation of the animal owner, or animal keepers which are in charge of animals on either temporary or permanent basis; legal persons; veterinary inspectorate; public administration bodies and local self-government bodies; other legal persons and any other persons suspecting that an animal is diseased from any of infectious diseases specified under this Law.

Article 9

Persons that are actively involved breeding or production of products of animal origin or those that are coming into direct contact with animals, foodstuffs, raw material, products or waste must have the fundamental knowledge of infectious animal diseases, prevention of their outbreak, communicability to humans, and of regulations governing the protection against the infectious animal diseases in compliance with the programs laid down by the administration body.

1. Obligatory General Preventive Measures to be carried out by Animal Owners

Article 10

Obligatory general preventive measures for the protection of animals against infectious diseases that must be carried out by owners of animals and other legal and natural persons, include:
1. the providing of hygienically suitable potable water, water for watering and animal feed;
2. the providing and maintenance of the prescribed hygienic conditions in the establishments for animal breeding and in other premises and plants where animals are kept;
3. the ensuring of hygiene at births and milking;
4. the ensuring of a minimum of veterinary requirements in public places where animals are assembled, in the means of transport for transportation of animals, products, raw materials, foodstuffs, waste and animal feed, in pens and pastures and in facilities for collection of animals, slaughter of animals, and for collection, treatment, processing and storage of raw materials, foodstuffs, waste and animal feed;
5. the ensuring of health suitability of foodstuffs and veterinary-sanitary conditions for their production and placing on the market;
6. the preventing of importation of agents of infectious diseases into the establishments for breeding of animals;
7. the carrying out of veterinary measures into the establishments for breeding of animals;
8. the handling of animal carcasses and other waste, wastewaters, excrement and urine as prescribed;
9. the providing of preventive disinfection, pest and rodent control in the establishments, in public spaces and in the means of transport;
10. other general measures laid down by this Law.


2. Special Preventive Measures to be carried out by Legal Persons

Article 11

For an early detection and prevention of outbreak of infectious animal diseases, one or more than one of the following preventive measure may be taken, depending on the nature of the disease and potential hazards involved:
1. training of animal owners and other persons on fundamental knowledge in the field of veterinary medicine;
2. registering and identification of animals;
3. diagnostic and other examinations;
4. establishing of causes of death;
5. closing down of a holding in case of suspected infectious animal disease;
6. vaccination and serumisation (immunoprophylaxis) and protection through medications (chemoprophylaxis);
7. disinfection, and pest and rodent control;
8. safe disposal of animal carcasses and products and of waste;
9. safe disposal or hygienic treatment of wastewaters and excrement from the establishments;
10. destruction of reservoirs of infection and prevention of transmission of infectious disease agents via vectors;
11. other special preventive measures laid down by this Law.

For implementation of the measures referred to under the paragraph 1 of this Article, the Ministry adopts the Operative Program of Animal Health Protection and other programs of animal health protection.
By the end of every year, the Ministry issues for the following year an Operative Program laying down the type of the preventive vaccination, diagnostic and other examinations to be carried out in the Republic of Montenegro (hereinafter referred to as: the Republic) in order to ensure satisfactory epizootiological conditions and to meet the trade requirements.
The Operative Program is published in the Official Journal of the Republic of Montenegro.
The programs referred to under the paragraph 2 of this Article lay down the deadlines for the implementation of programmes, methods of notification on the measures taken, entities which shall implement them, financing method and other terms for implementation of the measures specified.
3. Special Preventive Measures against Zoonoses

Article 12

Obligatory special preventive measures for protection of human health against zoonoses shall include:
1. systematic prevention, detection and suppression of zoonoses in animals;
2. carrying out of preventive measures for protecting of veterinarians, veterinary technicians, owners of animals and other persons who may come into direct or indirect contact with the infected animals, foodstuffs, products, raw materials, or waste;
3. ensuring health suitability of foodstuffs and prevention of illicit trade in infected animals and hygienically unsuitable foodstuffs, products, raw materials and waste that may pose a risk for human health, through veterinary checks and control of animals, foodstuffs, products, raw materials and waste;
4. prevention of the contamination of raw materials, products and foodstuffs in the establishments for foodstuffs production and other establishments;

The measures referred to under the paragraph 1 of this Article are carried out on the basis of annual and long-term programs of protection of humans against zoonoses, which specify the deadlines for the implementation thereof, the period for implementation of measures, method for implementation of measures and method of financing.
The Programs stated under the paragraph 2 of this Article are adopted by the Ministry and the Ministry in charge of the public health.

4. Registration, Control, and Notification applicable to Establishments, Haulers, Collection Centres, Traders and Animals

Article 13

Veterinary control covers: animals, raw materials, animal feed, products and foodstuffs in production and trade, water for watering of animals, wastewaters and waste, establishments, devices, accessories and equipment for their rearing, collecting, production, treatment, after-treatment, processing, transportation and storage and haulers and traders.
Establishments, haulers and traders under the paragraph 1 of this Article must meet the prescribed veterinary-sanitary requirements and registered for carrying out their respective activities.
Veterinary control also covers animals at fairs, markets, shops and other sales and assembly premises, at exhibitions, sport events, bird-boxes, wild animal pens, public collection centres and other public places where animals are assembled.
Natural and legal persons involved in rearing, keeping, sale, transportation and trade in animals, production, processing, storage and sale of products, raw materials, foodstuffs, waste and animal feed must within seven days notify of the animals, establishments and equipment, as well as any change thereof.
Owner of a dog must within seven days notify the legal person that keeps a register of dogs of acquisition of a dog, its death, confiscation or escape and of any other change relating to the dog.
A purchase of a puppy must be notified before a puppy is four months old, at the latest.
The provisions under the paragraph 4 of this Article do not apply to keeping of individual pet animal species (up to five adult animals) nor do they apply to breeding of house birds, aquarium fish, decorative poultry or small rodents.
Detailed requirements under the paragraph 2 of this Article are laid down by the Ministry.

C. SUPPRESSION AND ERADICATION OF INFECTIOUS ANIMAL DISEASES

1. Outbreak of Infectious Animal Disease, or Suspected Infectious Animal Disease

Article 14

In case of an outbreak of a infectious animal disease or when signs of a disease have been established giving rise to a doubt that an animal as taken ill with or died of an infectious disease, the owner of such an animal, or keeper is obliged to:
1. immediately notify thereof the nearest legal person or veterinary inspector;
2. separate healthy animals from those suspected to be taken ill;
3. prevent entry of unauthorized persons into the backyard, or establishment;
4. restrain from taking or forcing the animal out of the backyard, or the establishment;
5. keep the dead animal until a veterinarian arrives;
6. facilitate a clinical examination, taking of the material for diagnostic examination, including killing, or sanitary slaughter of animals, and carrying out of the epizootiological research.

An infectious disease is suspected in case when, among the animals of the same backyard, pen, herd, flock or apiary, there are two or more consecutive cases of a disease with the same or similar symptoms, or when animals suddenly die without the obvious reason.

2. Establishing of an Infectious Animal Disease

Article 15

A veterinarian suspecting an infectious animal disease must issue to the owner or keeper of the animal a written instruction on the prescribed veterinary measures, undertake all measures necessary to confirm or reverse the disease, or to establish the cause of death of the animal concerned and prevent spreading of the disease, and notify the veterinary inspectorate thereof.
The veterinarian that supplies the materials for investigation of the suspicion of an infectious animal disease must provide for an adequate transportation of the sampled material so as to prevent any hazard of spreading of the infectious disease in that way or deterioration of the material.
The method of notification on suspicion and establishing of an infectious disease, the method of transportation of the materials, the measures to be taken by the veterinarian and measures for establishing of infectious animal diseases are laid down by the Ministry.

3. Notification on Infectious Animal Diseases

Article 16

On the basis of notification of an infectious animal disease or a suspected infectious animal disease, the veterinary inspector shall carry out an epizootiological investigation.
The veterinary inspector must notify the competent health institution of the suspected or established presence of a zoonosis.

4. Measures

Article 17

When presence of an infectious disease is established, and as long as there exists a hazard thereof, the Ministry orders, depending on the nature of the infectious disease and the hazard level in the infected and endangered area, one or more of the following measures:
1. separation of healthy animals from the diseased ones;
2. enclosure of the diseased animals and closing up of the infected backyards where an infectious disease has been established;
3. prohibition or restriction of movement of animals, vehicles and people;
4. prohibition of taking out the animals, products, raw materials, and waste, and other items which may transmit agents of infectious diseases from the infected backyards and establishment;
5. sanitary slaughter, or killing of infected animals or animals suspected of infectious disease, provided the animal is first numbed in a humane and professional manner;
6. disposal of carcasses of the killed or slaughtered animals and the infected material, and their safe destruction;
7. prohibition of fairs, markets, exhibitions, assembly, sale premises and other events concerning animals;
8. prohibition of slaughter of infected animals or animals suspected of being infected;
9. registering and marking of animals;
10. prohibition or restriction of animal mating, and of acquisition, treatment, storage and use of the semen for artificial insemination, ova, and fertilized ova;
11. vaccination, diagnostic investigations, and treating of animals;
12. restriction of movement of persons in contact with infected animals, or animals suspected of being infected, and products, raw materials, and waste from infected animals;
13. enclosure and blocking of the infected settlements and regions;
14. castration of infected animals;
15. disinfection, pest and rodent control in stables, pens, backyards, pastures, watering sites and other places where infected animals or animals suspected of being infected are situated, and of items which have been in contact with the infected animal or animal suspected of being infected;
16. safe disposal and destruction of animal feed, litter, excretion and other materials from the establishments that cannot be rendered safe by cleaning and disinfection;
17. enclosure of dogs and cats, and destruction of stray dogs and cats in a humane manner.

In case of outbreak of a List A disease, the administration body can demand assistance in implementation of measures stated under the paragraph 1 of this Article from state administration body in charge of police or the body in charge of defence.
The competent health service is notified of the measures being implemented when restricting the movement of people and carrying out disinfection of people.

Article 18

In case of an outbreak of a List A disease, the Ministry defines boundaries between the infected and endangered areas and the administrative body forms teams of veterinary workers to be sent into the infected or endangered area in case of an inadequate number of veterinary workers in these areas, or in case when involving a greater number of veterinary workers is necessary.
In case of hazard of transmission of an infectious disease into the territory of the Republic, the Ministry may, in the threatened area, order:
1. control of trade in animals, products, raw materials and waste at certain places (roads, bridges, ferries etc.);
2. prohibition, restriction or conditional permission of transport of animals, products, raw materials and waste, to the specific territory;
3. carrying out of disinfection of natural persons and means of transport.

Article 19

The method for definition of infected and endangered area, more detailed measures for establishing, prevention of spreading, suppression and eradication of infectious diseases, terms and termination of the measures under the Article 16 of this Law, and the method of providing information and notification, reporting and termination of the infectious disease is laid down by the Ministry.
An infectious disease is terminated when the period of time that passed after the last diseased animal recovers, dies or is killed, and after the final disinfection is the longest incubation period for that infectious disease, unless otherwise provided by the professional veterinary standards.
In the state of emergency or war, during natural or other disasters causing disease in a larger number of animals, or in outbreak of epizooties, the Ministry may order legal persons and veterinarians to urgently implement specific professional measures and tasks.

Article 20

In cases stated under the paragraph 3, Article 19 of this Law (war, epizooty, natural disaster causing disease in a greater number of animals) the Ministry proposes to the Government of the Republic of Montenegro adoption of the following measures:
1. mobilization of veterinarians and population in order to implement prescribed measures of animal health protection;
2. mobilization of equipment, medications and means of transport, in compliance with special regulations, and temporary use of land and buildings for implementation of the measures of animal health protection prescribed;
3. use of land and buildings for the purpose of safe disposal of carcasses of killed or dead animals, foodstuffs, litter, waste and other infected material by interment, incineration or otherwise;
4. special duties to all veterinary organizations, and, if necessary, to other legal persons and state bodies in order to implement the measures of animal health protection prescribed.

III. PREVENTIVE VETERINARY MEASURES

A. PREVENTIVE MEASURES IN TRADE

1. Animal Health Certificate

Article 21

Animals must be identified (marked) as prescribed.
Animals in trade must be accompanied by the prescribed animal health certificate issued by the competent legal person.
Animal health certificate referred to under the paragraph 2 of this Article verifies the health condition of the animal, certifying that in the place of origin of the animal, no infectious animal diseases transmissible by the animal species in question has been established as well as other prescribed requirements.
Animal health certificate is issued for a definite period of time.
Owner of the animal shall be charged a fee for issuance of the certificate referred to under the paragraph 2 of this Article.
Detailed conditions for identification (marking) of animals, the conditions for issuance of animal health certificate and its content and form, as well as amount of the fee is laid down by the Ministry.

2. Veterinary Certificate or Product Consignment Attestation

Article 22

Products in trade must be marked as prescribed.
Products in trade must be accompanied by a prescribed veterinary certificate or attestation.

A certificate or attestation stated under the paragraph 2 of this Article verifies the health suitability of the product, certifying that in the place of origin thereof no infectious disease transmissible by the products in question has been established, as well as other prescribed requirements.
Veterinary certificate or attestation stated under the paragraph 2 of this Article is issued for a definite period of time.
Owner of the product shall be charged a fee for issuance of the certificate or attestation referred to under the paragraph 2 of this Article.
Detailed conditions for marking of the products, the conditions for issuance of the certificate or attestation stated under the paragraph 2 of this Article and their content and form, as well as amount of the fee is laid down by the Ministry.

3. Veterinary Referral Form

Article 23

Diseased and injured animals and animals whose basic life functions have been endangered may be conveyed to a slaughterhouse under the prescribed conditions only.
In cases stated under the paragraph 1 of this Article, the owner of the animal in question must hold a veterinary referral form instead of the animal health certificate.
Final veterinary examination of these animals is carried out in slaughterhouses.
Slaughter of animals stated under the paragraph 1 of this Article must be provided for in the nearest registered slaughterhouse that meets the prescribed conditions.
All prescribed veterinary measures must be met prior to transportation of the animal to a slaughterhouse stated under the paragraph 4 of this Article.
Owner of the animal must hold a prescribed veterinary referral form also for the animals that are to be dispatched to the slaughterhouse from establishments with unverified or suspicious epizootiological conditions.
Owner of the animal shall be charged a fee for issuance of the referral form stated under the paragraph 2 of this Article.
Detailed conditions for issuance, contents and forms of the referral form stated under the paragraph 2 of this Article as well as the method of keeping records on referral forms issued and the amount of the fee is laid down by the Ministry.

Article 24

Legal persons registered for the activities concerning hunting must provide conditions for temporary housing and veterinary examination of game, after the catch and kill, in order to obtain a health certificate, or attestation on health suitability of the consignment.

Article 25

Legal and natural persons involved in purchase or processing of hide are obliged to keep records of the origin hides bought.
Hides originating from the animals slaughtered without prior veterinary examination, or from dead animals, must be clearly marked with the ordinal number of the records.
Legal and natural persons involved in collecting, purchase and trade of hide are to deliver, from each hide referred to under the paragraph 2 of this Article, a sample to the authorized laboratory for testing on anthrax.
The sample shall be marked with the same number as the hide it originates from.
The method of record keeping stated under the paragraph 1 of this Article is laid down by the Ministry.
4. Veterinary marking of health suitability of foodstuffs

Article 26

Foodstuffs in trade must be labelled or certified as prescribed.
Detailed conditions for marking and certification of foodstuffs is laid down by the Ministry.

5. Veterinary Checks and Control in Trade in Animals, Foodstuffs, Raw Materials, Products, and Waste

Article 27

Trade in animals, foodstuffs, products, raw materials and waste is permissible only when veterinary check has been carried out at the place of production, or place of origin, and if their identification and traceability has been ensured and when other prescribed conditions have been met.
In transportation by railway, water, air and road means of transport, the loading, re-loading and unloading of the consignments stated under the paragraph 1 of this Article is permissible only in that meet the conditions prescribed.
The means of transport transporting the consignments stated under the paragraph 1 of this Article must be cleaned and disinfected as prescribed.
Detailed conditions as regards the paragraphs 1, 2 and 3 of this Article are laid down by the Ministry.

6. Prohibition of Trade

Article 28

The Ministry orders restriction or prohibition of trade in animals, foodstuffs, raw materials, products, waste, animal feed, veterinary medicinal products and medical devices, in case of outbreak of an List A infectious animal disease or in case of an immediate danger to human health or animal health.
Notwithstanding the provision under the paragraph 1 of this Article, prior to issuing the act stated under the paragraph 1 of this Article, the Ministry may instructions for implementation of urgent measures in order to avert the immediate to human health or animal health.

7. Approval of Assembly and Sale

Article 29

The competent bodies of the local self-government issue licences for the organization of exhibitions, zoos, animal appraisal and competitions, for various events involving migratory animals (circus, migratory zoos, etc.), and for the organized sale of animals and raw materials, products and foodstuffs outside business premises, with prior approval of the administration body.






8. Tasks in Transport and in Accidents during Transport

Article 30

Owners of animals and haulers of animals, foodstuffs, raw material, products and waste must comply with the prescribed conditions for transport and facilitate the inspection.
The hauler must report any accident that happens during the transport of animals, foodstuffs, raw materials, products and waste to the police, and the police notifies the nearest legal veterinary person that is obliged to provide veterinary first aid to the injured animals.
The hauler, or his representative, is obliged to provide for the conditions necessary for carrying out the measures required for protection of animals, foodstuffs, products, raw materials, and waste.
Animals unfit for further transport should be immediately killed in a humane manner. Veterinary Hygiene Service (hereinafter referred to as: VHS), or other legal person authorized for disposal of the waste must organize the transport of dead or killed animals, damaged foodstuffs, raw materials, products, and waste at the expense of the hauler.
The hauler must provide the replacement of the means of transport for transport of animals that are fit for further transport, and of undamaged raw materials, products, waste and foodstuffs from the place of accident.
Notwithstanding the provisions stated above, in absence of an organized VHS or other authorized legal person for disposal of waste, the hauler must provide for the transport of dead or killed animals, damaged foodstuffs, raw materials, products and waste as well as their safe keeping under the instruction and control of the legal person or veterinary inspectorate.

9. International Transport

Article 31

The transport of animals, foodstuffs, raw materials, products, veterinary medicinal products and medical devices, animal feed and waste in international transport must be carried out only at border crossings where organized veterinary control is in place and which meet the elementary hygienic, technical and working conditions.
Animals, foodstuffs, raw materials, products, veterinary medicinal products and medical devices, animal feed and waste are subject to obligatory veterinary control at border crossings.
Consignments stated under the paragraph 2 of this Article must be accompanied by the prescribed international veterinary attestation (certificate), unless otherwise provided by an international contract.
Loading, reloading, unloading and storage of animals, foodstuffs, raw materials, products, veterinary medicinal products and medical devices, animal feed and waste is carried out under veterinary control, in compliance with the prescribed conditions.
Importation, transit and storage of animals, foodstuffs, raw materials, products, veterinary medicinal products and medical devices, animal feed and waste shall be approved upon the prior veterinary control and check of every individual consignment at the border, pursuant to prescribed conditions for their importation, transit or storage.
Notwithstanding the provisions under the paragraph 5 of this Article, importation and transit of pet animals is approved without prior veterinary check and control, provided the animals are accompanied by an adequate veterinary certificate.
Importation, transit, and storage of other items that may be vectors of infectious diseases (hunting and fishery trophies, sera, microorganisms, etc.) is approved upon a previous control and check of every individual shipment at the border, pursuant to the prescribed conditions for their importation, transit, or storage.
For importation of non-indigenous (allochthonous) living animal species, the importer must, in compliance with the regulations, obtain the approval from the Ministry in charge of vital environment protection.
For consignments stated under the paragraph 2 of this Article that are imported, the attestation on health condition at export (certificate) is issued in the form prescribed for the importing country, at the loading in the place of origin of the consignment and veterinary inspector on the border is verifying it when the consignment passes over the border crossing.
The attestation on health condition of the consignment stated under the paragraph 9 of this Article is issued on a printed form in compliance with the adequate attestation model issued by the international organizations, the OIE and the Commission of the European Union or in compliance with the form prescribed by the importing country.
Detailed conditions stated under the paragraphs 1, 3, 4, 5 and 7 of this Article, the form stated under the paragraph 9 of this Article is laid down and border crossings stated under the paragraph 1 of this Article are specified by the Ministry.

Article 32

In order to import animals, foodstuffs, raw materials, products, veterinary medicinal products and medical devices, animal feed and waste of animal origin all prescribed veterinary checks and examination must be carried out.
Following the import, the importer must keep the imported animals in the quarantine for the purpose of examination.
The place of quarantining, examination types and conditions as regards keeping the animals in the quarantine are laid down by the administration body.
For animals imported for the purpose of participation in sport events of up to 15 days and for exhibitions and fairs, as well as for Artiodactyla and Perissodactyla, poultry and rabbits imported for immediate slaughter, the administration body may decide not placing them in the quarantine in case the epizootiological situation in the exporting country is such as to pose no risk of importation of infectious animal diseases.
Importation and entry of living microorganisms which are pathogenic for animals is prohibited.
Notwithstanding the abovementioned provisions, the Ministry may allow importation of microorganisms to the scientific and research organizations for scientific and research purposes only.
Types of examination and control, and place of examination stated under the paragraph 1 of this Article as well as detailed conditions as regards the quarantining period is laid down by the Ministry.

10. Establishments and Animals from Other Countries

Article 33

Importation of animals is allowed only if the prescribed conditions as regards animal health protection, protection from suffering and transportation of animals are met.
Importation of foodstuffs, raw materials, products, animal feed and waste is allowed only from the establishments that comply with the prescribed conditions, that are registered with the EU, and that are under the control of the competent body.
Notwithstanding the provisions stated above, the Ministry may allow importation stated under the paragraph 2 of this Article from other establishments, when it has been established that the regulations, standards, production and supervision carried out by the exporting country are at least equivalent to the regulations of the Republic, and that at least equivalent protection of consumers is guaranteed.
The Ministry may carry out inspection for the purpose of verification of the establishments stated under the paragraph 3 of this Article. Costs of the inspection are at the expense of the importer.
Article 34

Provisions of the Articles 31, 32 and 33 of this Law are fully applied to customs-free zones and bonded warehouses.

B. PREVENTIVE MEASURES IN PRODUCTION AND TRADE IN PRODUCTS, RAW MATERIALS, FOODSTUFFS, AND ANIMAL FEED

1. Veterinary Control

Article 35

The production of, placing on the market, trade, storage and distribution of products, raw materials, foodstuffs, waste of animal origin, and animal feed; production where raw materials and foodstuffs in untreated and unprocessed condition are used, as well as meat and processed meat products; slaughter of animals, preparation, treatment, processing, after-treatment, wrapping, re-wrapping and packaging of raw materials, foodstuffs, animal feed and other products, as well as storage and distribution of products, raw materials, foodstuffs and animal feed which may carry an infectious disease, shall be allowed only in the establishments for which the Ministry has issued an official document confirming that veterinary and sanitary requirements are met, or which are registered and for which the relevant authority has issued a registration number and set the method of control.
For specific business activities in the establishments stated under the paragraph 1 of this Article, the Hazard and Critical Control Points Analysis (HCCAP) Program, and Good Manufacturing Practice (GMP) Program must be provided and their implementation shall be implemented by an expert assigned to such activities.
In the establishments stated under the paragraph 1 of this Article, the veterinary control includes production, placing on the market, trade, storage and distribution of products, raw materials, foodstuffs and animal feed as well as premises, equipment, installations, internal control in the establishment, the documents and the prescribed records.
Veterinary control also applies to the means of transport used in the establishments registered for loading, or unloading of products, raw materials, foodstuffs, waste, and animal feed.
Veterinary control in production and trade in raw materials, foodstuffs and animal feed as well as other products, also applies to animals, raw materials, products, foodstuffs, animal feed, waste, wastewaters, solid and liquid manure and use of the products and substances which come into contact with foodstuffs and packaging materials.
Veterinary control also applies to requirements for health suitability of raw materials, foodstuffs, animal feed and other products in production and trade.
Detailed requirements for registration, production, placing on the market and trade in raw materials, foodstuffs, animal feed, waste, wastewaters, solid and liquid manure and method for carrying out the control stated under this Article shall be laid down by the Ministry.

Article 36

Slaughter of animals whose meat is used for public consumption is carried out in slaughterhouses that meet the prescribed conditions.

Animals stated under the paragraph 1 of this Article, or their meat, is subject to obligatory veterinary control.
In slaughter of individual big Artiodactyla or Perissodactyla for the needs of ones own household, the owner is obliged to report the slaughter to the competent legal person, at least 24 hours before the slaughter.
Detailed requirements stated under the paragraph 1 of this Article are laid down by the Ministry.

Article 37

Slaughter of animals and production of foodstuffs and animal feed outside the registered establishments shall be allowed in exceptional cases only.
Detailed conditions stated under the paragraph 1 of this Article shall be laid down by the Ministry.

Article 38

Health suitability of foodstuffs and animal feed is established on the basis of veterinary control of establishments, animals intended for slaughter, raw materials, foodstuffs and animal feed as well as the documents and records.
When it is established, on the basis of the controls stated under the paragraph 1 of this Article and other investigations, that an animal may not be slaughtered, the slaughter is prohibited, the animal is marked as prescribed and the prescribed measures are ordered.
When it is established, on the basis of the controls and other investigations, that raw materials, foodstuffs or hygienically unsuitable, a decision is issued to prohibit further production and placing on the market thereof, and the prescribed measures are ordered to remedy the causes of inconsistencies or to recondition the raw materials, foodstuffs, or animal feed, or, when necessary, to destroy them.
When slaughter of animals intended for slaughter is prohibited and when raw materials, foodstuffs, and animal feed have been found hygienically unsuitable, the owner of the animal intended for slaughter or the owner of raw materials, foodstuffs and animal feed is entitled to request repeated inspection, except when presence of pathogenic microorganisms has been established.
The repeated inspection is carried out by a commission appointed by the Ministry.
The request stated under the paragraph 4 of this Article must be immediately submitted to the veterinary inspector who has performed the veterinary control and established hygienic unsuitability.
The veterinary inspector stated under the paragraph 6 of this Article must, within 24 hours, notify the Ministry on the request of the owner for repeated inspection and present the complete documentation on the inspection carried out.
The results of the repeated inspection are final.
The costs of the repeated inspection are covered by the Ministry when the results are to the benefit of the client, otherwise the cost is to the expense of the client.

2. Construction, Classification, and Registration of Establishments

Article 39

The project documentation required for construction or reconstruction of the establishments stated under the Article 35 paragraph 1 of this Law must be in compliance with the veterinary and sanitary conditions related to specific types of such establishments.
The veterinary and sanitary approval is issued by the administration body on the basis of the request submitted by the investor, or the owner of the establishment stated under the paragraph 1 of this Article, building permits and other documents issued by the competent bodies in compliance with construction regulations.
Veterinary and sanitary conditions stated under the paragraph 1 of this Article are laid down by the Ministry.

Article 40

According to their purpose, the establishments stated under the Article 35 paragraph 1 of this Law are classified as the foodstuffs production establishments and other establishments.
Establishments that comply with the prescribed veterinary and sanitary conditions may be registered with the administration body.
Establishments stated under the paragraph 1 of this Article that do not meet all the prescribed conditions may be registered only for the operations for which veterinary and sanitary conditions have been met.
The detailed conditions for classification of establishments stated under the paragraph 1 of this Article are laid down by the Ministry.

Article 41

Application for establishing of compliance with the veterinary and sanitary conditions for establishments stated under the Article 40 of this Law are submitted to the administration body.
On the basis of a decision, the administration body appoints a commission, with at least three of its members veterinarians, for inspection of the establishment concerned.
The decision on veterinary and sanitary compliance is issued by the Ministry on the basis of the opinion of the Commission stated under the paragraph 2 of this Article.
Entry of the establishment stated under the Article 40 of this Law into the register of establishments is done by the administration body, on the basis of a decision that lays down the allocation of the registration number and control method, that authorises carrying out of certain activities in production and trade, including the restrictions, where applicable.
The cost of the inspection carried out by the Commission stated under the paragraph 2 of this Article is at the expense of the applicant.
Contents of the register and the procedure of making entries in the register stated under the paragraph 4 of this Article are laid down by the Ministry.

3. Residues of Harmful and Prohibited Substances in Animals, Raw Materials, Foodstuffs, and Animal feed

Article 42

Veterinarians, owners of animals and other legal and natural persons are obliged to take measures in order to prevent the consequences that may be caused by use of harmful substances in raw materials, foodstuffs and animal feed, and to carry out the prescribed preventive measures.
The Ministry may, on the basis of a risk analysis, order the prohibition of placing on the market, the prohibition of trade in and recall from trade the foodstuffs, raw materials, waste and animal feed that contain certain harmful substances as well as order the prohibition of use of certain harmful substances.
The special program of systematic control (monitoring) of animals, raw materials, foodstuffs and animal feed over the content of residues of harmful substances and control over the use of prohibited substances is adopted by the Ministry.
4. Ensuring of hygienic suitability of animal feed

Article 43

Legal persons and entrepreneurs registered for production, storage or trade in animal feed must provide for the hygienic suitability of animal feed at all the stages of its production, storage and trade.
It is prohibited to trade in hygienically unsuitable animal feed.
Legal persons and entrepreneurs registered for production of animal feed must, before placing the animal feed on the market, provide for prescribed laboratory investigation of animal feed in an authorized laboratory that establishes whether the animal feed complies with the prescribed conditions of hygienic suitability.
Animal feed, the declared usability period whereof has expired, may by approval of the veterinary inspector be used for a purpose determined by the authorized laboratory, upon a prior laboratory examination of a sample that confirmed that the animal feed is hygienically suitable.
For the purpose of preventing the outbreak of food-borne infectious animal diseases, use of foodstuffs remains (swill) and foodstuffs remains deriving from the international transport, or foodstuffs waste originating from the area infected or endangered by hazardous infectious animal diseases is prohibited.
Use of foodstuffs remains (swill) for feeding animals in households where animals are bred and slaughtered for their own needs is allowed only if previously thermally treated.
Collecting, transportation and treatment of the foodstuffs remains stated under the paragraph 6 of this Article is subjected to veterinary control.
Foodstuffs remains (swill) must be transported by vehicles and containers where there is no possibility of spillage, leakage or contamination, and that are cleaned and disinfected after use as prescribed.
Detailed conditions for health suitability of animal feed as well as for conditions for use of foodstuffs remains, type and method of transportation of foodstuffs remains is laid down by the Ministry.
Article 44

Animal feed in trade must be accompanied by a veterinary certificate or other appropriate prescribed document on hygienic suitability.
Detailed conditions for issuing, contents and form of the veterinary certificate and other appropriate documents are laid down by the Ministry.

Article 45

Veterinary control includes animal feed and the establishments for production and storage of the animal feed intended for placing on the market, and in case of suspected infectious animal disease or suspected hygienic unsuitability of animal feed, also the establishments of the animal owner or keeper.


B. PREVENTIVE MEASURES IN ANIMAL REPRODUCTION

1. Conditions

Article 46

Establishments for rearing breeding animals must be free of certain infectious animal diseases.
Owner of the establishment for rearing of breeding animals must provide for a systematic monitoring of the health status and reproductive ability of breeding animals, and of acquisition, production, storage, and marketing of animal semen, ova and fertilized ova, in compliance with the prescribed conditions, and the minimum conditions for preservation of the fertilization ability.
Infectious animal diseases under the paragraph 1 of this Article, conditions for health suitability of the animal semen, ova and fertilized ova, and the minimum of conditions for preservation of the fertilization ability are laid down by the Ministry.

2. Acquisition, Storage and Placing on the Market

Article 47

Acquisition, storage and placing on the market of animal semen, ova and fertilized ova, may be carried out only by legal persons that comply with the prescribed conditions and are registered for carrying out that activity.
Legal persons under the paragraph 1 of this Article must keep the prescribed records on acquisition, storage and placing on the market animal semen, ova and fertilized ova.
The conditions for carrying out the activity under the paragraph 1 of this Article, and the contents and method of record keeping, are laid down by the Ministry.

3. Insemination

Article 48

Insemination is carried out by legal persons that comply with the prescribed conditions and are registered for carrying out that activity.
Detailed conditions under the paragraph 1 of this Article are laid down by the Ministry.

4. Mating and Natural Mating

Article 49

Legal persons under the Articles 47 and 48 of this Law are obliged to carry out systematic monitoring of the health condition and reproductive ability of breeding animals in mating and natural mating, to control the mating records and notify the administration body of any suspected venereal or other infectious diseases, and of all constitutional defects related to the animal health.


5. Notification

Article 50

At any established disease of a breeding animal that implies permanent reproductive disorder or when health unsuitability of animal semen, ova or fertilized ova is established, the owner of the breeding establishment of breeding animals must provide for implementation of the measures prescribed.
Legal persons that carry out insemination in compliance with the regulations are obliged to notify the administration body of fertility results in their respective areas.
Detailed measures referred to under the paragraph 1 of this Article are laid down by the Ministry.

D. ENVIRONMENTAL PROTECTION

1. Rights and Obligations

Article 51

Legal and natural persons are obliged to take preventive measures in order to prevent the vital environment from consequences that may arise from breeding, production, processing, trade in and use of animals, products, foodstuffs, raw materials, animal feed and waste.
Preventive measures for protection of vital environment under the paragraph 1 of this Article include:
1) Ensuring of appropriate removal, processing, treatment and use of waste, solid and liquid manure;
2) Ensuring of appropriate storage of waste, liquid and solid manure;
3) Determination of a procedure for hygienically appropriate disposal of animal excrement and wastewaters;
4) Minimization of hazard of infection by determination of appropriate hygienic conditions in the establishments for animal breeding and their surroundings (hygienic conditions, micro-climate, restrictions related to ammonia content, disposal of waste and excrement, cleaning and disinfection);
5) Establishing of suitability of products, manure, processed manure and compost;
6) Prevention of contamination of underground through agents of infectious and parasitic diseases.

2. Handling of Animal Carcasses and Waste

Article 52

Animal carcasses and waste must be processed, treated, or destroyed in establishments intended for processing, treatment, and destruction of animal carcasses and waste.
Disposal of animal carcasses in rivers or other watercourses or drainage systems, as well as leaving them on the roads, in open spaces, in forests or any other place is prohibited.
Animal carcasses must be disposed of in a safe manner that does not pose risk to health of other animals, human health, or environment.
The owner of animals must in the prescribed way report the death of an animal to the Veterinary Hygiene Service (VHS) or other authorized legal person and deliver to them the carcass of the dead animal.
Veterinary Hygiene Service (VHS) or other authorized legal person, following the receipt of the report on death of an animal, shall provide transportation of the animal carcass from the place of death to the establishment intended for post-mortem examination, processing, treatment or destruction, provide for collecting of waste, maintenance of hygiene and disinfection of the place of death, vehicle and equipment as prescribed.
When it is suspected that the animal died from an infectious disease, and in systematic establishing of the cause of death, the cause of death of the animal concerned must be established.
Legal and natural persons carrying out an activity that produces waste must, in the prescribed way, provide for conveyance of waste to the nearest waste collection centre or a waste processing plant
Detailed conditions as regards reporting of death of an animal, transportation, and handling of animal waste is laid down by the Ministry.

3. Burying of Animal Carcasses

Article 53

In case of absence of an organized VHS or other authorized legal person under the Article 52 of this Law, animal carcasses may be buried or incinerated in a livestock graveyard or a livestock mass grave that meets the prescribed conditions.
In cases stated under the paragraph 1 of this Article, the owner of the animal must provide for the transportation of the carcass of the animal from the place of death to the place of burial or incineration under the instructions and strict control of a veterinary inspector or legal person.
The method burial and incineration, and the conditions that must be met by livestock graveyards and livestock mass-graves are laid down by the Ministry and the Ministry in charge of environmental protection.

IV. PROTECTION OF ANIMAL WELFARE

Article 54

It is forbidden to abuse or torture animals in breeding, keeping, using, using them for labour, or specific forms of training.
The owner or keeper of an animal must treat the animal in a humane way and protect it from suffering and pain, and request veterinary aid on time.
Animals must be provided with hygienically suitable feed and water.
In transportation or during slaughter, the animals must not be exposed to torture or pain.
Premises and establishments where animals are kept must be suitable for the species and category of animals concerned and equipped in a manner that can meet their biological needs.
Diseased or injured animal must be, as soon as possible, given appropriate veterinary aid and care necessary, unless the disease or the injury is of such a nature that the animal should be killed immediately in a humane manner.
Scientific and research experiments on animals may be carried out only in veterinary, health and medical, pharmaceutical and other institutions, and animals must not be exposed to torture and pain during the experiment.

V. OBLIGATORY SCOPE OF ANIMAL HEALTH PROTECTION

Article 55

The Republic ensures the obligatory scope of animal health protection against infectious diseases, as follows:
1. systematic monitoring of the status of infectious animal diseases (diagnostic examinations, field, laboratory, and pathoanatomical examinations), and vaccination of animals in compliance with the Operational Program stated under the Article 11 of this Law;
2. when infectious diseases under this Law are suspected, the diagnostic examinations, field and laboratory examinations shall be carried out and pathoanatomical diagnostics to confirm a disease or to reverse the suspicion;
3. prevention of outbreak of infectious animal diseases at natural disasters and other accidents;
4. prevention of spreading of the List A infectious animal diseases in case of their outbreak in the neighbouring countries, or in the Republic;
5. laboratory and pathoanatomical examinations in order to diagnose infectious diseases laid down by the Ministry, for which the cause of death must be established immediately;
6. studying of epizootiological situation, development and introduction of new laboratory methods for diagnostics and control, and for implementation of new veterinary-medicinal achievements, new regulations, procedures, or methods of professional work;
7. obligatory veterinary control under this Law;
8. preparation of epidemiological studies and risk analysis as regards importation of infectious animal diseases to the territory of the Republic, researches on optimal economic measures, and assessment of financial plans for implementation of the measures prescribed in cases of infectious animal diseases;
9. the forms for veterinary certificate, referral forms, attestations and other forms under this Law;
10. adequate stock of vaccines, diagnostic reagents, disinfectants and other means for prevention, establishing and suppression of infectious animal diseases;
11. organizing and giving of trainings on elementary knowledge in the field of veterinary medicine to owners of animals and other persons;
12. continuous veterinary activity in the field and laboratory diagnostics of infectious animal diseases, for which it is necessary to establish the infectious disease or the cause of death immediately;
13. professional training for veterinarians and veterinary technicians;
14. compensations for animals killed, slaughtered or that died as a result of the measures ordered, and for the items and raw materials damaged or destroyed as a result of the measures ordered;
15. identification and animal movement control.

If necessary, the Ministry may adopt a separate program on health protection of animals for every measure stated under the paragraph 1 of this Article.

1. Compensations

Article 56

The owner of the animal that is killed or slaughtered, for the items and raw materials that are damaged, ruined or destroyed in implementation of the measures ordered for suppression of the List A infectious animal diseases, for specially identified infectious diseases and zoonoses, and for dead animals for which it has been confirmed that they died of the List A infectious animal diseases, and specially defined infectious diseases and zoonoses is entitled to the compensation:
1. if the owner of the animal has immediately notified the competent veterinary legal person or veterinary inspector of the outbreak of an infectious disease or suspected infectious disease;
2. when obligatory preventive vaccination was carried out in the prescribed intervals and diagnostic and other examinations of animals in compliance with the Operational Program carried out;
3. if other prescribed and ordered preventive measures, and measures for suppression of disease, have also been implemented.

The owner of the animal is not entitled to the compensation under the paragraph 1 of this Article in case he has delivered animals from an infected or endangered area without holding the animal health certificate, or if the disease emerged in the course of importation of the animal, or in the course of prescribed examinations of animals in international trade.
The specially identified infectious diseases and zoonoses under the paragraph 1 of this Article are laid down by the Ministry.

2. Compensation Disbursement Procedure

Article 57

The amount of the compensation under paragraph 1 Article 56 of this Law is to be determined in accordance with the market value of the animal, raw material or item at the moment when the measure is implemented. If the animal killed or slaughtered, the items destroyed or ruined and raw material as a whole or in part are still usable, the compensation is decreased by the value of the usable portion.
The compensation disbursement procedure stated under the paragraph 1 of this Article is initiated by the owner of the animal by submitting the application for compensation.
The application and documents necessary are to be submitted to the Ministry within 30 days from the receipt of the minutes on the damage incurred.

Article 58

The administration body issues a decision on the right of the owner to compensation.
The amount of compensation under the Article 57 of this Law is determined on the basis of the report received from a veterinary appraiser or a commission appointed by the administration body.
Should the owner of the animal disagree with the amount of the compensation allotted, he may, within thirty days from the day or receipt of the decision under the paragraph 1 of this Article, make a proposal to the competent court of law to allot the amount of compensation.
Procedure and documents required for disbursement of compensation, and the conditions applicable to appraisers and the commission under the paragraph 2 of this Article are laid down by the Ministry.

VI. ANIMAL HEALTH PROTECTION FINANCING, FEES AND EXPENSES

1. Financing of the Obligatory Scope of Animal Health Protection

Article 59

The funds for implementation of the obligatory scope of animal health protection stated under the Article 55 of this Law are to be provided from the Budget of the Republic.

2. Fees and Expenses

Article 60

The funds collected on the basis of fees for: veterinary and sanitary examinations carried out by the veterinary inspectorate; issuing of certificates on compliance with veterinary-sanitary conditions, or working licences for legal persons and establishments and issuance of the licences for import, transit and export, are the revenues of the Budget of the Republic.
The funds collected on the basis of fees for veterinary activities carried out, under the Article 64 items 6 and 7 of the Law, and the funds collected on the basis of disinfection activities carried out at border crossings, shall be the revenues of persons that carried out these activities to the amount of 80 per cent, and the revenues of the Veterinary Chamber to the amount of 20 per cent.
The amount of fees for veterinary-sanitary examinations carried out by the veterinary inspectorate as well as fees under the paragraph 2 of this Article and the method of their calculation and disbursement are laid down by the Government of the Republic of Montenegro.

VII. LEGAL PERSONS IN VETERINARY FIELD

Article 61

Legal and natural persons that meet the conditions in terms of the staff, premises (establishments), technical requirements, hygiene and conditions in terms of equipment, may establish legal persons for the purpose of carrying out veterinary activities in compliance with this Law.
The conditions for carrying out veterinary activity under the paragraph 1 of this Article are laid down by the Ministry.
It shall be considered that veterinary legal persons meet the prescribed conditions in terms of premises in case they concludes a rental contract with another legal or natural person.
Compliance with the conditions stated under paragraph 2 of this Article is established and issuing of the licence for carrying out veterinary activities is done by the administration body.
The register of legal persons that meet the conditions or hold a licence stated under the paragraph 4 of this Article is kept by the administration body.
The contents and the procedure for making entries in the register stated under the paragraph 5 of this Article are laid down by the Ministry

Article 62

Animal health protection must be ensured at the entire epizootiological territory of the Republic.
In case of absence of an organized health protection of animals in certain areas of the Republic, the administration body shall take the measures necessary for ensuring adequate health protection for animals in such areas.

A. ORGANIZATIONAL FORMS OF LEGAL PERSONS

Article 63

Legal persons under the Article 61 of this Law may be organized as:
1. Veterinary dispensary;
2. Veterinary clinic;
3. Veterinary dispensary for pets;
4. Livestockveterinary centre for reproduction and artificial insemination;
5. Centre for animal embryotransfer;
6. Specialist veterinary laboratory
7. National veterinary institute
8. Veterinary Chamber

Veterinary activities in legal persons under the paragraph 1 of this Article may be carried out only by a veterinarian holding the license.



1. Veterinary Dispensary

Article 64

A veterinary dispensary carries out the following activities both within the dispensary premises and in the field:
1. monitoring of animal health condition, making proposals and taking measures for prevention, establishing, suppression and eradication of infectious animal diseases and zoonoses;
2. implementation of measures under the Operational Program;
3. implementation of measures for prevention, establishing, treatment and suppression of animal diseases beyond the Operational Program, as well as treating of injuries, and carrying out surgical interventions on animals;
4. specialist, clinical, laboratory, x-ray, and other diagnostic examinations in compliance with the professional orientation;
5. veterinary examinations of animals;
6. issuing of animal health certificate and veterinary referral forms;
7. veterinary examination at slaughter line, in loading and unloading of consignments and at livestock markets;
8. animal identification (marking) and keeping animal register in compliance with the regulations;
9. taking care of health of breeding animals, reproductive ability, implementation of measures for prevention and treatment of sterility, as well as insemination and embryotransfer;
10. elementary field and laboratory diagnostics for examination of infectious and other animal diseases;
11. counselling in animal health, pathology and animal nutrition and breeding from the veterinary viewpoint;
12. organization and giving training on elementary knowledge in the field of veterinary medicine to owners of animals and other persons;
13. provision of veterinary medicinal products for carrying out of veterinary services;
14. provision of veterinary medicinal products, means for disinfection and pest and rodent control, animal feed and dietetic preparations to owners of animals, including counselling and instructions on their use for protection of animal and human health;
15. cooperation with the commission for assessment, selection and recognition of pure-bred breeding animals, fish brood stocks and queen bees;
16. carrying out of VHS;
17. carrying out the disinfection, pest and rodent control;
18. prevention of contamination of the vital environment through agents and vectors of infectious animal diseases;
19. protection of animals against cruelty;
20. keeping prescribed records and documents;
21. carrying out other activities it is registered for.

Detailed conditions for carrying out the activities under the items 12, 16 and 17 of this Article are laid down by the Ministry.





2. Veterinary Clinic

Article 65

Veterinary clinic provides the following stationary and field treatment, protection and care for diseased and injured animals:

1. examination, treatment and care of diseased and injured animals;
2. laboratory, x-ray, and other specialist examinations;
3. surgical, birth-giving and other veterinary interventions;
4. treatment of sterility and artificial insemination;
5. vaccination of dogs and cats against rabies, and other immunoprophylaxis;
6. issuing of animal health certificates;
7. counselling the owners of animals with the objective of animal health preservation;
8. keeping of the prescribed records and documents;
9. other activities it is registered for.

3. Veterinary Dispensary for Pets

Article 66

Veterinary dispensary for pets carries out the following treatment and protection of pets:

1. examination and treatment of diseased and injured pets;
2. laboratory and x-ray examination of pets;
3. surgical, birth-giving, and other veterinary interventions on pets;
4. treatment of sterility and artificial insemination of pets;
5. vaccination of dogs and cats against rabies;
6. vaccination of pets beyond the Operational Program;
7. issuing of animal health certificates for pets;
8. counselling the owners of animals with the objective of animal health preservation;
9. keeping the prescribed records and documentation;
10. other activities it is registered for.

4. Livestock-Veterinary Centre for Reproduction and Artificial Insemination

Article 67

The livestock-veterinary centre for reproduction and artificial insemination carries out the following activities:

1. ensures compliance with veterinary conditions in acquisition, processing and trade in semen for artificial insemination, ova and fertilized ova;
2. provides continuous internal control of health condition of breeding animals and reproductive ability, continuous internal surveillance over acquisition, processing, storage and trade in semen for artificial insemination, ova, and fertilized ova;
3. health protection of breeding animals against infectious and other animal diseases;
4. acquisition and transfer of fertilized ova;
5. providing professional assistance in carrying out artificial insemination and infertility suppression.


5. Centre for Animal Embryotransfer

Article 68

The Centre for animal embryotransfer carries out the following activities:

1. ensures compliance with veterinary conditions in processing, storage and trade in ova and fertilized ova;
2. acquisition and transfer of fertilized ova;
3. providing expert assistance in carrying out artificial insemination and infertility suppression.

Article 69

Trade in ova, fertilized ova, or embryos is carried out upon previous veterinary-sanitary approval of the administration body.

6. Specialist Veterinary Laboratory

Article 70

Specialist veterinary laboratory carries out the following activities at the epizootiological territory of the Republic:

1. systematic monitoring of epizootiological situation at the epizootiological territory;
2. proposes measures for prevention, establishing, suppression, and eradication of infectious, parasitic and animal breeding diseases;
3. laboratory (bacteriological, serological, virological, parasitological, chemical, biochemical and radiological) diagnostics;
4. laboratory examinations of health and qualitative suitability of foodstuffs, products, and raw materials;
5. laboratory examinations of animal feed, raw materials, animal feed supplements and water, with the objective of establishing theirs health and qualitative suitability;
6. monitors the preparation of, and takes part in the trainings on elementary knowledge in the field of veterinary medicine for owners of animals and other persons;
7. examinations of semen for artificial insemination of animals, ova and fertilized ova from the viewpoint of animal health protection;
8. monitors and implements measures for animal fertility enhancement, and takes part in researches in the area of animal reproduction;
9. monitors and implements measures for protection of animals and vital environment against adverse effects arising form animal keeping;
10. trade in sera, vaccines, and diagnostic means from the Operational Program;
11. immediately notifies the Ministry of outbreak and termination of the established infectious diseases, and in case of an outbreak of a zoonosis it also notifies the Ministry in charge of health issues;
12. carries out other activities it is registered for.






7. National Veterinary Institute

Article 71

The National veterinary institute, in addition to the activities under the Article 70 of this Law, carries out the following activities:

1. coordinates activities of the specialist veterinary laboratory and authorized laboratories at the unique epizootiological territory of the Republic in the field of animal health protection;
2. controls the implementation of uniform methods and procedures for laboratory and diagnostic examinations;
3. verifies the results of laboratory and diagnostic examinations of the specialist veterinary laboratory and authorized laboratories;
4. produces and proposes national programs for establishing, suppression, and eradication of infectious animal diseases and zoonoses;
5. produces, proposes and monitors professional solutions based on practice and science in the field of hygiene and technology of foodstuffs, and animal reproduction;;
6. laboratory examination of pharmacological products in veterinary medicine;
7. laboratory tests for residues and other biologically active substances in meat, foodstuffs, and raw materials;
8. control for presence of radioactive substances in animals, meat, products and animal feed;
9. toxicological examinations of animals, products and animal feed:
10. clinical and pharmacological examinations of medicinal products and ancillary medicinal substances for use in veterinary medicine.

Article 72

The National veterinary institute (hereinafter referred to as: the Institute) and the Specialist veterinary laboratory (hereinafter referred to as: the Laboratory) shall be founded by the Government of the Republic of Montenegro.
The Act on foundation of the Institute, and that of the Laboratory, shall specify in particular: the headquarters of the Institute, and of the Laboratory; the scope of activity, management, internal organization structure and method of operation; amount of funds for the foundation and beginning of activities of the Institute, and of the Laboratory; the methods for providing funds for activities of the Institute, and of the Laboratory; participation of the founder in management and decision-making; conditions and method for appointing of management bodies; supervision over the activities of the Institute, and of the Laboratory; persons that are to cover the position of the temporary manager; deadline for adoption of the statute and appointing of the director; conditions and method for providing of the premises, equipment, means of work and professional staff.
The laboratory for carrying out of activities under the Article 70 of this Law can also be founded by other legal and natural persons.

8. Veterinary Chamber

Article 73

With the objective of protecting and enhancing the level of expertise, preserving professional ethics, raising the level of animal health protection, and protecting professional interest, the doctors of veterinary medicine, or graduated veterinarians, carrying out activities on the territory of the Republic are associated in the Veterinary Chamber (hereinafter referred to as: the Chamber) as a professional organization, with rights and obligations laid down by this Law and the Statute of the Chamber.
The Chamber has the features of a legal person.

Article 74

The Chamber carries out the following tasks:

1. adopts the Code of veterinary profession and ensures its implementation;
2. in compliance with the Code under the item 1 of this Article, takes care of the reputation of the profession, the discipline in providing animal health protection activities and undertakes adequate measures in case of non-compliance with ethical norms;
3. keeps the register of members;
4. issues, extends and recalls licenses and keeps a register of licences issued (hereinafter referred to as: the register);
5. verifies the expertise of the veterinary cadre;
6. provides opinions in preparation of laws, programs on health protection of animals and other veterinary regulations;
7. establishes the bases and criteria for establishing of prices of veterinary services, professional training of veterinarians;
8. takes part in the procedure of ceding the public duties;
9. provides opinion for the programs of educational training laid down by this Law;
10. other activities as laid down by the Statute of the Chamber.

Funds for activities under the item 4 of this Article, which are of public interest, are provided from the Budget of the Republic.
Bases and criteria for issuing of licences under the item 4 of this Article are laid down by the Ministry.

Article 75

Entry into the register shall be made upon a request of a doctor of veterinary medicine, or graduated veterinarian (hereinafter referred to as: the veterinarian).
The decision on the request for entry into the register is made by the body laid down by the Statute of the Chamber.
The applicant is obliged to submit the evidence on compliance with the conditions for entry in the register: that the applicant concluded the university study of veterinary medicine, passed the national examination and has been issued with a licence.
In case the decision on entry in the register is not made within 30 days from the day of application and the applicant submitted all the evidence required by the paragraph 3 of this Article, the applicant shall be considered registered.

Article 76

Deletion from the Register shall be made in the event of:
- termination of compliance with the requirements for entry into the Register;
- permanent repealing of the license;
- in other cases laid down by the Statute of the Chamber.


Article 77

The veterinary complying with the requirements shall be issued with a license.
The license is a document that entitles a veterinarian to work on the basis of compliance with the requirements that refer, in particular, to the results accomplished in professional training and professional capacity for carrying out of activities of animal health protection.

Article 77

The license is issued for the period of five years; after expiration of that period, the compliance with requirements prescribed for extension or repealing of the licence is verified.

Article 79

Licence of a veterinarian may be repealed temporarily or permanently. The temporary repealing of the license, for the period of up to three years, may be imposed in the following cases:
1. if it is established that a veterinarian through its activities may seriously endanger the health or life of animals or humans;
2. if the veterinarian has been, under the procedure of license extension, sent to further professional training and before the expiration of the licence he failed to present evidence of results accomplished in professional training, as a condition for carrying out the activities of animal health protection;
3. in case of disobeyance of the veterinary Code;
4. in other cases laid down by the Statute of the Chamber.

The permanent repealing of the licence may be imposed in the following cases:

1. in case an effective court or other effective decision permanently prohibits or prevents a veterinarian from carrying out veterinary activities;
2. in case of a serious violation of the veterinary Code;
3. other cases laid down by the Statute of the Chamber.

Article 80

The method for issuing, extension and repealing of licence, the register of licences, record keeping and the body of the Chamber that makes decisions on issuing, extension and repealing of licence is laid down in details by the Statute of the Chamber.
Approval of provisions of the Statute of the Chamber that govern the issues under the paragraph 1 of this Article shall be given by the administration body.

Article 81

The Chamber adopts the Statute.
The Statute of the Chamber regulates in details the following:
- scope of activities of the Chamber;
- bodies of the Chamber and their scope of activities;
- method for establishing of the amount of membership fee and financing of the Chambers activities;
- other issues within the competence of the Chamber.


Article 82

The funds for financing of the Chamber shall be provided from the following sources:
1. membership fees;
2. Budget of the Republic for establishing and beginning of activities of the Chamber as well as for carrying out of duties of public interest under the Areticle 74 item 4 of this Law;
3. on the basis of fees under the Article 60 paragraph 2 of this Law;
4. grants;
5. other sources.

Upon request of the Chamber, legal persons, state administration bodies and bodies of the local government are obliged to provide data on veterinary workers and their activities that are necessary for carrying out the activities of the Chamber.

B. Continuous carrying out of veterinary activities

Article 83

In urgent and other pressing cases when providing of veterinary aid and services is necessary, that is, in order to provide continuous carrying out of health protection and care of animals, the competent legal persons are obliged to provide working hours longer than full-time working hours (orderly duty, constant readiness), that is, the overtime work.

Article 84

The administration body carries out the professional surveillance over the activities of animal health protection carried out by the registered legal persons.

Article 85

In the course of the procedure of professional surveillance under the Article 84 of this Law, which is done at least once in two years, the following is established:

1. compliance with the conditions for carrying out veterinary activities laid down by this Law;
2. equipment and expertise of the staff;
3. method of and efficiency in providing services;
4. coordination of activities with accomplishments of modern veterinary science and practice, and other elements of relevance for the quality of activities.

The administration body may appoint a special commission for carrying out the professional surveillance under the paragraph 1 of this Article.

C. Deletion of Legal Persons from the Register

Article 86

A legal person is deleted from the Register under the paragraph 5 Article 61 of this Law when:

- it submits the request for deletion from the Register,
- fails to comply with the prescribed conditions or does not remedy the deficiencies within the term prescribed,
- it has been carrying out veterinary activities contrary to the regulations and the veterinary Code.

Upon proposal of the Commission referred to under the Article 85 of this Law, the administration body issues a decision on repealing of the working licence and deletion of the veterinary legal person from the Register.

VIII. ENSURING THE CARRYING OUT OF ACTIVITIES OF PUBLIC INTEREST

Article 87

Activities of public interest referred to in this Law are activities stated under the items 2, 7 and 8 Article 64, paragraph 2 Article 62 of this Law, and activities of preventive vaccination of some pets against rabies in registered veterinary dispensaries, veterinary dispensaries for pets, and veterinary clinics, within the facility (hereinafter referred to as: public activities) are carried out through authorized legal persons in compliance with this Law.
Public activities under the paragraph 1 of this Article are ceded to legal persons by way of a public competition announced by the administration body and directly by the decision of the administration body.

Article 88

Public activities under the Article 87 of this Law that are ceded to legal persons by way of public competitions are public activities under the Article 54 paragraph 1 items 2 and 8 of this Law.
The public competition under the paragraph 1 of this Article includes:

1. definition of public activities;
2. area where public activities shall be carried out;
3. beginning and duration of public activities,
4. conditions to be met by those that carry out the public activities,
5. obligatory contents of the application for carrying out of public activities,
6. selection criteria,
7. the period of time within which the decision is to be issued executors of public activities,
8. other professional and technical requirements, if any,
9. contact person for information about the content of the public competition,
10. date, place, and time of opening the applications,
11. method for notifying the applicants on selection of executors of public activities.

Procedure for opening and evaluation of applications shall be conducted by the Commission to be appointed by the administration body.
Applicants or authorized representatives of candidates may attend opening of applications.
Applicants may amend incomplete applications within eight days from the day of admonition, otherwise they shall be refused and the applicants must be duly notified.
Applications received after the deadline given shall not be considered.



Article 89

On the basis of the decision on selection, the administration body shall conclude a contract with the executor of public activities specifying:
1. the public activities that are the subject matter of the contract,
2. area where public activities shall be carried out,
3. veterinarians that shall carry out the public activities specified by the contract,
4. methods and conditions of carrying out the public activities specified by the contract,
5. rights, obligations and accountability of executors of public activities and veterinarians,
6. working hours and the method for ensuring continuous animal health protection,
7. inception and validity of the contract,
8. sources and methods of financing of public activities to be carried out on the basis of the contract,
9. termination of activities of the executor of public activities or the veterinarian,
10. deadline for submitting the requests for termination of the contract.

Executors of public activities and veterinarians under this Article shall be accountable for their respective activities to the administration body.

Article 90

Public activities under the Article 87 of this Law that are directly ceded to legal persons by the decision of the administration organ, include:
1. activities of preventive vaccination of some pets against rabies in authorized veterinary dispensaries, veterinary dispensaries for pets and veterinary clinics within the facility;
2. activities under the paragraph 2 Article 62 of this Law;
3. activities under the item 7 paragraph 1 Article 64 of this Law

The decision under the paragraph 1 of this Article shall be final in the administrative procedure.

Article 91

The network of legal persons in the Republic which carry out the public veterinary activities include: the Institute, the Laboratory, and legal persons that carry out public activities on the basis of public authorizations ceded in compliance with this Law.
In establishing of the network stated under the paragraph 1 of this Article, the following shall be abided by: the strategy of agriculture development in the Republic; health condition of animals and epizootiological situation; geographic characteristics of the field; livestock population; population density; intensity of livestock and agricultural production, etc.
The network stated under the paragraph 1 of this Article is laid down by the Government of the Republic of Montenegro.







IX . PROFESSIONAL TRAINING

Article 92

Veterinarians and veterinary technicians have the right and obligation to professional training.
Veterinarians employed with the Ministry or the administration body, are to be trained and pass the prescribed verification of knowledge under the programs adopted by the administration body.
Other veterinarians are to be trained and pass the prescribed verification of knowledge under programs adopted by the Chamber in cooperation with the administration body.

X. REGISTERS, RECORDS, DATABASES AND INFORMATION SYSTEM

Article 93

The persons carrying out veterinary activities must keep the prescribed records, registers and databases that are connected into a unique information system.
The Ministry provides for connection of the information system under the paragraph 1 of this Article to international information systems in the veterinary sector.
Detailed conditions for keeping of registers, records and databases shall under the paragraph 1 of this Article are laid down by the Ministry.

XI. SPECIAL AUTHORITIES OF THE MINISTRY

Article 94

In order to prevent importation and spread of certain List A infectious animal diseases from other countries and for the purpose of their suppression on the territory of the Republic, the Ministry may restrict or prohibit crossing of the state borders to persons in both direction, when the disease has occurred or spread in the border area of the Republic or in the corresponding border area of the neighbouring country.

XII. SURVEILLANCE

Article 95

Activities of surveillance within veterinary field are carried out by the administration body through the Republic veterinary inspectors, in compliance with the Law.

1. Authority of Inspectors

Article 96

In addition to authorities of inspectors laid down by the Law on surveillance, a veterinary inspector is also authorized to:
1. examine animals and order measures for the prevention of outbreak, establishing, suppression, and eradication of infectious animal diseases,
2. monitor and control the implementation of the Operational Program and carrying out of public activities on the basis of authorizations ceded;
3. supervise and examine animals, products, raw materials and foodstuffs, animal semen, ova, and fertilized ova, animal feed, water for watering and drinking,
4. monitor and control efficiency and harmfulness of veterinary medicinal products;
5. takes samples of foodstuffs and raw materials, additives and waste, animal feed, water and means for protection of animals, animal semen, ova and fertilized ova for the purpose of checking hygienic suitability thereof;
6. monitors trade in and use of veterinary medicinal products and means for disinfection, pest and rodent control in compliance with this Law;
7. controls business documents, records on results of checks and other documents of natural and legal persons that relate to implementation of veterinary regulations and regulations on placing veterinary medicinal products on the market.
In addition to authorities stated under the paragraph 1 of this Article, the Republic veterinary inspector that carries out surveillance at border crossings is authorized to:
1. upon the prior veterinary inspection of a consignment and accompanying documents, to approve of importation, transit or storage of animals, foodstuffs, raw materials, products, veterinary medicinal products and medical equipment, animal feed and waste, by a decision which, in each individual case, establishes that on the basis of the conditions prescribed there exist no veterinary hindrances as to their importation, transit, or storage;
2. carry out veterinary inspection and control of consignments intended for export, in case they are reloaded at the border crossing, or stored in the registered warehouses under the prescribed conditions, and to issue animal health certificate and attestation on hygienic suitability of these consignments;
3. take samples of foodstuffs, products, raw materials and waste of animal origin, as well as animal feed, and send them for investigation to authorized laboratories, or to carry out the required examinations in the laboratory at the border crossing;
4. review business books and documents of the persons involved in international haulage;
5. inspect and control veterinary-sanitary conditions at border crossing, warehouses, bonded warehouses and customs-free zones;
6. keep the records of consignments for export, import and transit at border crossing;
7. supervise disinfection of the means of transportation, warehouses and equipment at border crossings, bonded warehouses and customs-free zones;
8. monitor the outbreaks and movement of infectious animal diseases in neighbouring countries and to notifies the administration body thereof.

2. Obligations and authorities of inspectors

Article 97

In addition to obligations and authorities of inspectors laid down by the Law on inspection, in case of establishing the violation of the Law or any other regulation, the Republic veterinary inspector has the right and obligation to:

1. prohibit the trade in animals not marked as prescribed;
2. prohibit the production, trade in and use of animal feed and water for watering of animals when they contain pathogenic microorganisms or substances with harmful effects to animal and human health;
3. to prohibit trade in hides and skins of animals that have been slaughtered without prior veterinary examination, or that originate from animals that have died without establishing the cause of death or from animals for which it has not been established that they originate from non-infected area or when they have not been stored separately from the examined hides and skins;
4. to prohibit loading and reloading of animals, products, raw materials, foodstuffs, animal feed and waste when they fail to meet the prescribed conditions;
5. to prohibit trade in and use of raw materials and foodstuffs that are not hygienically suitable;
6. to prohibit the trade in and use of veterinary medicinal products, baits and poisons used in veterinary medicine which have not been tested;
7. to prohibit issuing of veterinary certificates when an infectious animal disease has broken out or when it is suspected, or when an animal originates from an establishment with unverified or suspicious epizootiological conditions;
8. to order confiscation and destruction of hygienically unsuitable raw materials, foodstuffs, animal feed and veterinary medicinal products;
9. to order the method for re-capacitating conditionally usable raw materials, foodstuffs, animal feed or their processing for other purposes;
10. to order the removal of inconsistencies in production, trade in animals, foodstuffs, raw materials, animal feed and trade in veterinary medicinal products;
11. to determine the boundaries of an infected or endangered area and to report on outbreaks of infectious diseases and on the work of veterinary legal persons in relation to outbreak of an infectious animal disease;
12. to order measures for protection of animals from torture.

3. Administrative measures and activities

Article 98

In addition to administrative measures and activities as laid down by the Law on surveillance, the Republic veterinary inspector is obliged to carry out the following administrative measures and activities:
1. to prohibit the use of vehicles for transportation of animals, products, raw materials, animal feed, water for watering of animals and waste when they fail to meet the prescribed conditions;
2. to prohibit the use of establishments for breeding of animals, stations and ports intended for loading, reloading and unloading of animals when they fail to meet the prescribed conditions;
3. to prohibit the slaughter of animals, collecting and treatment of raw materials and production of foodstuffs when the prescribed conditions have not been met;
4. to prohibit the use of business premises, installations and equipment for production and trade, for the purpose of industry, artisanship and other purposes when they fail to comply with the regulations;
5. to order the destruction of foodstuffs in trade when they have not been marked as prescribed or have not been accompanied by prescribed veterinary certificates and attestations;
6. to affix a seal on the means of work, working premises, equipment and items under his supervision;
7. to order the measures necessary for protection of animal feed and water for watering of animals;
8. to order the remedy of inconsistencies in relation to acquisition, storage and trade in animal semen, ova and fertilized ova;
9. to prohibit trade in hygienically unsuitable animal semen, ova and fertilized ova;
10. to destroy hygienically unsuitable animal semen, ova and fertilized ova;
11. to order the remedy of inconsistencies in relation to the collecting, transportation and processing of waste;
12. to order removal of animal carcasses, slaughterhouse waste and other wastes of animal origin;

In addition to administrative measures and activities under the paragraph 1 of this Article, the Republic veterinary inspector that controls border crossings is obliged to carry out the following administrative measures and activities:

1. to prohibit the import, export and transit of consignments in case:
- the consignment or the means of transport fail to comply with the prescribed conditions;
- the consignment originates from an infected area;
- the consignment is infected;
- the consignment is not accompanied with a prescribed certificate on animal health condition or attestation on health suitability of the consignment or other documents that must accompany the consignment;
- of establishing that the consignment endangers human and animal health;
- the content of harmful residues in foodstuffs intended for human consumption is above the maximal levels allowed;
- of establishing that foodstuffs are not hygienically fit for human consumption;
- the consignment fails to comply with the prescribed conditions in relation to protection of animals against torture;
2. to prohibit import, export and transit of consignments on a temporary basis when deficiencies in the consignment and the accompanying documents need to be remedies or when he suspects that the consignment is contaminated;
3. to confiscate animals, foodstuffs and raw materials from persons who have crossed the border of the Republic and order their safe destruction in compliance with this Law;
4. to prohibit the use of facilities at the border crossing when they fail to comply with the prescribed conditions;
5. to prohibit the use of animal feed and litter when they fail to comply with the prescribed conditions;
6. to prohibit the use of vehicles for transport of consignment when they fail to comply with the prescribed conditions.

XIV. PENALTY PROVISIONS

Article 99

A pecuniary penalty ranging from 250 to 300 minimal wages in the Republic shall apply to an offence made by the body or legal person or entrepreneur who has failed to notify the veterinary legal person or veterinary inspectorate in case of establishing the hazard to health of animals or consequently the hazard to health of humans and if he has failed to provide the provide necessary data on animal health protection carried out or measures taken within the deadline set, or if it prevents verification of data obtained (Article 5).
A pecuniary penalty ranging from 200 to 300 minimal wages in the Republic shall apply to an offence made by the body or legal person or entrepreneur:
1. who fails to implement or fails to implement within the deadline set one or more than one of the special preventive measures for the prevention of outbreaks of infectious animal diseases and special preventive measures against zoonoses ordered(Articles 11 and 12);
2. who fails to implement or fails to implement within the deadline set one or more than one of the measures ordered for suppression and eradication of infectious animal diseases or in case of outbreak or suspected infectious animal disease (Article 14);
3. who fails to issue, without delay, the professional instructions on prescribed veterinary measures, fails to take such measures for confirmation, reversing or establishing of the cause of death of animals and other prescribed measures in relation to transportation and of notification in order to prevent spreading of an infectious animal disease or material deterioration (Article 15);
4. who fails to notify the competent health institution of the suspected or existing zoonosis (Article 16, paragraph 2);
5. who fails to determine the boundaries of the infected and endangered areas and fails to order implementation of prescribed measures in the endangered area (Article 18, paragraphs 1 and 2);
6. who fails to provide for prescribed conditions for trade in animals, foodstuffs, products, raw materials and waste, their loading, reloading and unloading by railway, water, air and road means of transport (Article 27);
7. who trades in animals, foodstuffs, raw materials, waste, animal feed, veterinary medicinal products and medicinal equipment during the prohibition or restrictions in trade in case of outbreak of a List A infectious animal disease or for other veterinary reasons (Article 28);
8. who fails to act in compliance with the Article 31 of this Law;
9. who fails to carry out the prescribed veterinary examinations and other actions contravening the Article 32 of this Law;
10. who fails to act in compliance with the Article 33 of this Law;
11. who fails to act in compliance with the Article 35 of this Law;
12. who fails to slaughter the animals whose meat is used for human consumption in slaughterhouses, and fails to carry out the oblogatory veterinary control of such animals or their meat, or fails to report the slaughter of Artiodactyla and Perissodactyla to the competent veterinarian (Article 36);
13. who fails to prevent the consequences that may be caused by use of harmful substances in raw materials, foodstuffs and animal feed and fails to prohibit the use of certain harmful substances (Article 42);
14. who fails to act in compliance with the Article 43 of this Law;
15. who fails to provide systematic monitoring of health condition and reproductive ability of breeding animals and other conditions in compliance with the Article 46 paragraph 2 of this Law;
16. when acquiring, storage and trade in animal semen, ova and fertilized ova is done by persons that do not meet the prescribed conditions for carrying out such activities or do not keep the prescribed records (Article 47);
17. when insemination of animals is carried out by legal persons that do not meet the conditions laid down by the Law for carrying out such activities (Article 48);
18. fails to take preventive measures in order to protect vital environment and consequences harmful to health in compliance with this Law, regulations adopted on the basis of this Law and regulations on vital environment protection, or fails to take preventive and other measures in compliance with the Article 51 of this Law;
19. fails to bury or incinerate carcasses in compliance with the Article 53 of this Law;
20. when veterinary activities are carried out by legal persons that do not meet the prescribed conditions as regards staff, premises, hygiene, technical conditions and equipment (Article 61);
21. who fails to act in compliance with the Article 74 of this Law;
22. who fails to provide continuous orderly duty or readiness (Article 83);
23. who fails to keep the prescribed records, registers and databases (Article 93 paragraph 1);

For the offence stated under the paragraphs 1 and 2 of this Article a pecuniary penalty of 20 minimal wages in the Republic shall apply to a natural person and to the person in charge of the legal person concerned.
For the offence stated under the paragraphs 1 and 2 of this Article, the veterinary inspector may charge on the spot a pecuniary penalty of three minimal wages in the Republic to the natural person.

Article 100

A pecuniary penalty ranging from 250 to 300 minimal wages in the Republic shall apply to an offence made by the body or legal person or entrepreneur:
1. who fails to make possible carrying out of veterinary examinations and controls, sampling of the material necessary for the testing, and implementation of other measures prescribed (Article 5, paragraph 4);
2. who fails to provide veterinary first aid (Article 5, paragraph 3);
3. who fails to keep the prescribed records (Article 5 paragraph 6);
4. who fails to report animals, establishment and equipment within the specified time, and any change thereof to the administration body, or the purchase of a dog, death, escape and any other change related to the dog or puppy (Article 13, paragraphs 4, 5 and 6);
5. who fails to mark the animals as prescribed (Article 21 paragraph 1);
6. fails to provide the prescribed approval under the Article 29 of this Law;
7. when the animal feed in trade is not accompanied by the prescribed veterinary attestation or other adequate document on health suitability (Article 44 paragraph 1);
8. who fails to label or fails to certify the foodstuffs in trade (Article 26);
9. who fails to keep records on the origin, fails to mark and fails to forward the samples of the skin and hide purchased for anthrax testing (Article 25);
10. when owner or hauler fails to comply with the conditions regarding the transport and fails to make possible carrying out of surveillance and fails to take other measures and activities as laid down by the Article 30 of this Law;
11. who fails to act in compliance with the Article 38 of this Law;
12. who fails to act in compliance with the Article 49 of this Law;
13. fails to handle animal carcasses and waste in compliance with the Article 52 of this Law.

For the offence stated under the paragraph 1 of this Article a pecuniary penalty ranging from five to 15 minimal wages in the Republic shall apply to a natural person and to the person in charge of the legal person concerned.
For the offence stated under the paragraph 1 of this Article, the veterinary inspector may charge on the spot a pecuniary penalty of three minimal wages in the Republic to the natural person.

Article 101

In case of an offence referred to under the Article 99, paragraph 2, items 8 and 11 of this Law, in addition to the penalty, the precautionary measure of confiscating the item used in committing of the offence is passed as well.
In case of an offence referred to under the Article 99, paragraph 2, item 11 of this Law, in addition to the penalty, the precautionary measure of prohibition of carrying out the activity is passed as well.

XV TRANSITIONAL AND FINAL PROVISIONS

Article 102

The existing legal persons carrying out veterinary activities and services within the legal persons shall harmonized their activities in compliance with this Law within six months from the day this Law enters into force.

Article 103

All the state-owned establishments that are were built for the purpose of carrying out veterinary activities, as well as means and equipment used for that purpose must be used solely for carrying out veterinary activities.
Article 104

The Public Veterinary Service of Montenegro shall terminate its activities within the period of six months from the day this Law enters into force; within that period of time, its transformation in compliance with the special program of the Government of the Republic of Montenegro shall be completed.

Article 105

Pending issuing of veterinary licenses in compliance with this Law, the doctors of veterinary medicine or graduated veterinarians who passed the expert examination, may carry out veterinary activities in compliance with the existing authorizations.
Issuing of licences under the paragraph 1 of this Article shall be completed within the period of 12 months from the day this Law enters into force.

Article 106

Bylaws for enforcement of this Law shall be adopted within 12 months of the day this Law enters into force.
Pending the adoption of regulations referred to in paragraph 1 of this Article the existing regulations shall be enforced, unless they are contrary to this Law.

Article 107

The provision of the Article 35 paragraph 2 of this Law shall apply to industrial and export establishments 12 months and for other establishments 36 months from the day this Law enters into force.

Article 108

The Government of the Republic of Montenegro shall establish the administration body stated under the Article 4 of this Law within 30 days from the day this Law enters into force.

Article 109

The lists of diseases under the Article 7 of this Law shall be published in the Official Journal of the Republic of Montenegro.

Article 110

The day this Law enters into force, the Law on animal health protection (Official Journal of the Republic of Montenegro No. 39/92 and 59/92) shall be repealed.

Article 111

Following the expiration of the period stated under the Article 104 of this Law the Decision on Establishing of Public Veterinary Service (Official Journal of the Republic of Montenegro No. 59/92) shall be repealed

Article 112

This Law shall enter into force on the eighth day following its publishing in the Official Journal of the Republic of Montenegro.


LISTS OF INFECTIOUS ANIMAL DISEASES

LIST A DISEASES

Name of the disease
Foot and mouth disease
Vesicular stomatitis
Swine vesicular disease
Rinderpest
Paste des petits ruminants
Contagious bovine pleuropneumonia
Lumpy skin disease
Rift Valley fever
Bluetongue
Sheep pox and goat pox
African horse sickness
African swine fever
Classical swine fever
Highly pathogenic avian influenza
Newcastle disease

LIST B DISEASES

Multiple species diseases
Antrax
Aujeszkys disease
Echinococcosis/hydatidosis
Heartwater
Leptospirosis
Q Fever
Rabies
Paratuberculosis
New world screwworm (Cochliomyia hominivorax)
Old world screwworm (Chrysomya bezziana)
Trichinellosis
Cattle diseases
Bovine anaplasmosis
Bovine bebesiosis
Bovine brucellosis
Bovine genital campylobacteriosis
Bovine tuberculosis
Bovine cysticercosis
Dermatophilosis
Enzootic bovine leucosis
Haemorrhagic septicaemia
Infectious bovine rhinotracheitis/infectious pustular vulvovaginitis
Theileriosis
Trichomonosis
Trypanosomosis (tsetse-transmited)
Malignant catarrhal fever
Bovine spongiform encephalopathy

Sheep and goat diseases
Ovine epididymitis (Brucella ovis)
Caprine and ovine brucellosis (excluding B.ovis)
Caprine arthritis/encephalitis
Contagious agalactia
Contagious caprine pleuropneumonia
Enzootic abortion of ewes (ovine chlamydiosis)
Ovine pulmonary adenomatosis
Nairobi sheep disease
Salmonellosis (S.abortusovis)
Scrapie
Maedi-visna

Equine diseases
Contagious equine metritis
Dourine
Epizootic lymphangitis
Equine encephalomyelitis (Eastern and Western)
Equine infectious anaemia
Equine influenza
Equine piroplasmosis
Equine rhinopneumonitis
Glanders
Horse pox
Equine viral arteritis
Japanese encephalitis
Horse mange
Surra (Trypanosoma evansi)
Venezuelan equine encephalomyelitis
Swine diseases
Atrophlic rhinitis of swine
Porcine cysticercosis
Porcine brucellosis
Transmissible gastroenteritis
Enterovirus encephalomyelitis
Infectious bursal disease (Gumboro disease)
Mareks disease
Avian mycoplasmosis (M. gallisepticum)
Avian chlamydiosis
Pullorum disease
Lagomorph diseases
Myxomatosis
Tularemia
Rabbit haemorrhagic disease
Bee diseases
Acariosis of bees
American foulbrood
European foulbrood
Nosemosis of bees
Varroosis
OTHER LIST B DISEASES
Leishmaniosis

OTHER DISEASES

Listeriosis
Toxoplasmosis
Melioidosis
Blackleg
Botulism
Other clostridial infections
Other pasteurelloses
Actinomycosis
Intestinal Salmonella Infections
Coccidiosis
Distomatosis (liver fluke)
Filariosis
Mucosal desease/Bovine virus diarrhoea
Virionic dysentery
Warble investation
Contagious pustular dermatitis
Foot rot
Contagious ophthalmia
Enterotoxaemia
Caseous lymphadenitis
Sheep mange
Equine coital exanthema
Ulcerative lymphangitis
Strangles
Salmonellosis (S.abortus equui)
Swine erysipelas
Infectious coryza
Avian encephalomyelitis
Avian spirochaetosis
Avian salmonellosis (excluding fowl typhoid and pullorum disease)
Avian leucosis
FISH DISEASES NOTIFIABLE TO THE OIE
Epizootic haematopoietic necrosis
Infectious haematopoietic necrosis
Oncorhynchus masou virus disease
Spring viraemia of carp
Viral haemorrhagic septicaemia

MOLLUSC DISEASES NOTIFIABLE TO THE OIE
Bonamiosis (Bonamia exitiosus, B. ostreae, Mikrocytos roughleyi)
MSX disease (Haplosporidium nelsoni)
Marteiliosis (Marteilia refringens, M. sydneyi)
Mikrocytosis (Mikrocytos mackini)
Perkinsosis (Perkinsus marinus, P. olseni/atlanticus)

DISEASES OF CRUSTACEANS NOTIFIABLE TO THE OIE
Taura syndrome
White spot disease
Yellowhead disease

OTHER SIGNIFICANT DISEASES OF FISH
Channel catfish virus disease
Viral encephalopathy and retinopathy
Infectious pancreatic necrosis
Infectious salmon anaemia
Epizootic ulcerative syndrome
Bacterial kidney disease (Renibacterium salmoninarium)
Enteric septicaemia of catfish (Edwardsiella ictaluri)
Piscirickettsiosis (Gyrodactylus salaris)
Gyrodactylosis (Gyrodactylus salaris)
Red sea bream iridoviral disease
White Sturgeon iridoviral disease

OTHER SIGNIFICANT DISEASES OF MOLLUSCS
SSO disease (Hyplosporidium costale)
Withering syndrome of abalones (Candidatus Xenohaliotis californiensis)

OTHER SIGNIFICANT DISEASES OF CRUSTACEANS
Tetrahedral baculovirosis (Baculovirus penaei)
Spherical baculovirosis (Penaeus monodon-type baculovirus)
Infectious hypodermal and haematopoetic necrosis
Crayfish plague (Aphanomyces astaci)
Spawner-isolated mortality virus disease