TELEPHONE: (202) 776-3980 

TELECOPIER: (202) 776-397!5 

LAW OFFICES 

PIERRE MURPHY 

SUITE 800 

1200 NEW HAMPSHIRE AVENUE, N.W. 

WASHINGTON, D.C. 20036-6802 

March1,2013 

VIA EMAIL (ORIGINAL VIA U.S. MAIL) 

Attn: Mr. Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings, C-70 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. 

Room W96-322 

Washington, D.C. 20590 

EMAIL: PMURPHY@LOPMURPHY.COM 

Re: Nondiscrimination on the Basis of Disability in Air Travel; 

Request of Fly Jamaica Airways Limited for Conflicts of Laws Waiver 

Dear Mr. Podberesky, 

Pursuant to 14 C.F.R. 382.9, Fly Jamaica Airways Limited ("Fly Jamaica") hereby requests a 

waiver of the Department's regulations governing nondiscrimination on the basis of disability (14 C.F.R. 

Part 382) to the extent that Fly Jamaica otherwise would be required to transport service dogs on flights 

from the United States to Jamaica. As explained below, Jamaican law prohibits the importation of dogs 

directly from the United States. Thus, these foreign laws directly conflict with Part 382 of the 

Department's regulations which require foreign carriers to transport dogs that qualify as "service animals" 

under Part 382. Accordingly, Fly Jamaica hereby invokes the procedures of 14 C.F.R. 382.9 in order to 

request a waiver from the requirement that Fly Jamaica permit service dogs to accompany passengers 

with a disability on flights from the United States to Jamaica. 

In support of this conflict of laws waiver request, Fly Jamaica states as follows: 

I. Fly Jamaica, a Jamaican airline, currently holds a foreign air carrier permit authorizing it 

to provide, among other things, scheduled foreign air transportation of persons and property from a point 

or points behind Jamaica, via Jamaica and intermediate points, to a point or points in the United States 

and beyond; charter foreign air transportation of persons and property between any point or points in 

Jamaica and any point or points in the United States and between any point or points in the United States 

and any point or points in a third country or countries, provided that, except with respect to cargo 

charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that 

includes service to Jamaica for the purpose of carrying local traffic between Jamaica and the United 

States. See Order 2013-2-25. Fly Jamaica also holds exemption authority to conduct U.S.- Jamaica 

flights to the full extent authorized by the open-skies agreement in effect between the two countries. See 
Docket DOT-OST-2012-0171. Pursuant to its DOT authority, Fly Jamaica currently provides nonstop 

scheduled passenger service between New York and Kingston, Jamaica. 

2. The Department's Final Rule on Nondiscrimination on the Basis of Disability in Air 

Travel, applies the requirements of the Air Carrier Access Act of 1986, as amended to foreign air 

carriers, with effect on May 13,2009. 73 Fed. Reg. 27614 (Docket DOT-OST-2004-19482) (the "Final 

Rule"), as corrected on March 18, 2009 (74 Fed. Reg. 11469). The Final Rule requires, among other 

things that, with respect to passenger flights which begin and end at U.S. airports, foreign air carriers 

permit service animals to accompany passengers who are qualified individuals with a disability. 14 

C.F.R. 382.117. However, foreign air carriers are not required to transport service animals other than 

dogs. 14C.F.R. 382.117(t). 

3. Jamaica, which Fly Jamaica serves directly from the United States has laws which 

conflict with the requirements of 14 C.F.R. 382.117. The Animals Diseases (Importation) Control 

Regulations, 1948 (attached hereto as Appendix A), strictly prohibit the importation of dogs to Jamaica 

from countries other than Great Britain, Northern Ireland and Eire (Republic of Ireland) with no special 

exceptions for seeing eye dogs or other service dogs. Specifically, Regulation II provides that: "no dog 

or cat shall be imported into the Island except directly from the countries specified in the Third Schedule 

to these regulations". 

4. To address inevitable conflicts between the requirements or prohibitions of Part 382 and 

those of the laws, regulations and other legally binding laws of foreign authorities, the Department 

established the mechanisms of part 382.9 whereby a foreign carrier may submit a request for a waiver of 

specific provisions of Part 3 82 if such provisions conflict with a binding obligation under foreign law. 

The identified animal importation control regulations of Jamaica are "legally binding foreign legal 

mandates" (73 Fed. Reg. at 27646), which apply to all air carriers and passengers traveling to Jamaica. 

This regulation directly conflicts with the requirements of Part 382. If, on the one hand, Fly Jamaica were 

to transport a service dog on a flight from the U.S. to Jamaica, such transportation would violate Jamaican 

law. If, on the other hand, Fly Jamaica were to refuse to transport a service dog accompanying a qualified 

individual with a disability, such refusal would violate the requirements of 14 C.F.R. 382.117. There is 

absolutely no action that Fly Jamaica could take pursuant to Jamaican law that would enable Fly Jamaica 

to legally transport service dogs from the U.S. to Jamaica. Consequently, a conflict of laws waiver is 

required. 

5. The direct conflict between the Jamaican animal importation laws and the service animal 

transportation requirements of Part 382 are precisely the types of circumstances the Department intended 

the conflict of laws waiver mechanism to address, in that the foreign regulation "prohibits [Fly Jamaica] 

from doing something required by [Part 382]" and "as a legal matter", [Fly Jamaica] has no choice but to 

act contrary to [Part 382]". 73 Fed. Reg. 27646-27647. In fact, in the preamble to the Final Rule, the 

Department specifically acknowledged that the animal quarantine rules of some foreign nations created 

situations which would require conflict of laws waivers to resolve: 

As a general matter, foreign carrier policies with respect to service 

animals, like other foreign carrier policies, are subject to the conflict of 

laws waiver and equivalent alternative provisions of the final 

rule ...... Some commentators mentioned that some countries have 

quarantine rules that severely delay or limit the entry of certain animals, 

2 
or effectively prohibit certain animals- even service animals- from 

entering those countries. The Department agrees that, if Country S 

prohibits a certain kind of animal from entering, an airline serving an 

airport in Country S could apply for a conflict of laws waiver to be 

relieved from carrying such an animal to that country. Such a waiver 

would be country-specific. 

73 Fed. Reg. at 27635. 

Fly Jamaica is requesting the exact type of country-specific waiver relating to the transportation of service 

animals that the Department contemplated in the preamble to the Final Rule. 

6. As a practical matter, the animal importation laws of Jamaica completely preclude the 

transportation of service dogs directly from the United States to Jamaica. Consequently, with respect to 

flights from the U.S. to airports in Jamaica there is no alternative means Fly Jamaica could use, ifthe 

conflict of laws waiver is not granted, to achieve the objectives of 382.117. However, assuming the 

waiver is granted, Fly Jamaica would otherwise comply with the requirements of 3 82.117 to the 

maximum extent possible, including the transportation of service dogs from Jamaica to the United States. 

Fly Jamaica would also comply with the written explanation requirements of 382.117(g) with respect to 

passengers' service animals that are not accepted for transportation from the United States to Jamaica. 

In conclusion, for the reasons stated above, Fly Jamaica, pursuant to 14 C.F.R. 382.9 hereby requests 

a conflicts oflaws waiver, whereby Fly Jamaica would not be required to comply with the requirements 

of 14 C.F .R. 382.117 (or any other section of part 382 requiring the transportation of service dogs) with 

respect to flights from the United States to Jamaica. The requested waiver is based on a direct conflict 

with a specific, binding prohibition of Jamaican law. 

Please do not hesitate to contact me if you have any questions or require additional information 

concerning this request. 

ierre rphy 

Attorney for 

Fly Jamaica Airways Limited 

3 
APPENDIX A 
ANIMALS (DISEASES AND IMPORTATION) 

THE ANIMALS (DISEASES AND IMPORTATION) 

ACT 

ARRANGEMENT OF SECTIONS 

1. Short title. 

PART I. Preliminary 

2. Interpretation. 

3. Appointment of inspector. 

PART II. Control oj diuased or 8Wipected animals 

4. Segreption and notification of diseased B.Dimals, etc. 

5. lnfcc:ted places. 

6. Infected arcaa. 

1. DefiDCd pon. 

8. SJaugbter of d.isea8ed or suspected animals. 

9. Disposal of animals. 

10. Compensation. 

11. Order amendiq definition of disease. 

12. Regulations. 

PART m Importation 

13. Prohibition of importatioll of birds, etc. 

14. Regulatioas controlling the importation of animals, etc. 

15. Import licence for binls, etc. 

16. Quarantine depots. 

17. Imported ammaJs, etc., to be quarantined. 

P.utT IV. lhnual 

18. Powers of apptehension. 

19. Powers of inspector. 

20. OJfences. 

(The i.Dcluaioa of tbia paao i• autlwrized by L.N. 480/19'731 

1 
2 ANIMALS (DISEASES AND JMPORT AT ION) 

21. Pcaalty. 

22.. Evidence and presumptions. 

23. Transport tbroup infected places and areas. 

24. Power to prohibit use of railway, ete .• by order. 

25. Power to apply Act to poultry. 

26. Savina. 

(The i.ncluaiml of thia paae il autllori&ed by L.N. 480/l91ll 
A.NIMA.LS (DISEASES AND IMPORT .A.TION) 

THE ANIMALS (DISEASES AND IMPORTAnON> 

Ac:f 

[15th October. 1948.1 

Cap. 14. 

Adl 

'oflNI, 

aortNJ 

3rd .... 

1. This Act may be cited as the Animals (Diseases and SIIGrt titlo. 

Importation) Act. 

PART I. PrelimiiUlry 

2. In this Act- Iabapre1a-

"animal" includes cattle, buffalo, horses, mules, asses, tioa. 

sheep, swine, goats, dogs, cats and all animals of whatsoever kind, whether similar to the foreaoin& or not; 

"bird" does not include poultry; 

"carcass" means the carcass of any animal, and indudes 

any part of the carcass or of the meat, bones, hide, 

skin, hoofs, horns, offal or other part of an animal; 

"cattle" includes bulls, cows, oxen, steers, heifers and 

calves; 

"defined port" means a port as defined by any regulations· 

made under section 14; 

"disease" means the diseases set out in the Schedule, and Setae.._ 

such other diseases as the Minister may from time to 

time by ,order made under section 11 declare to be a 

disease within the meaning of this Act; 

"diseased" means affected with disease; 

"fodder" means grass, hay or any other substance commonly used for the food of animal~ 

"infected area" means an area declared as such under 

section S or 6; 

"infected place" means a place declared as such under 

section 5; 

[The incluuoD of this pap is authorized by LN. 480/19731 
4 ANIMALS (DISEASES AND IMPORT AT ION) 

"insect" includes members of the class Insecta and of the 

class Arachnida: 

"inspector" means an inspector appointed by the GovernorGeneral under section 3; 

"litter" means straw or any other substance commonly used 

as the bedding for, or otherwise used for or about, 

animals; 

"poultry" means domestic fowls, turkeys, geese, ducks, 

guinea fowls and pigeons; 

"suspected" means suspected of being diseased. 

AlFtmr:nt 3.-(1) The Governor-General may appoint an inspector 

0 •nspector. and such assistant inspectors as may be necessary for the 

purposes of this Act. 

(2) It shall be the duty of the inspector and assistaDt 

inspectors to carry out the provisions of this Act and of any 

regulations made thereunder and for such purpose every 

assistant inspector shall have, subject to the directions 

either general or particular of the inspector, all the rights. 

powers, and duties given to the inspector under this Act . 

. PART II. Control of diseased or suspected animals 

Se1rea:atioo 4.-(1) Every person having in his possession or under 

and 110tific&· . tion of his charge any diseased animal shalldi-=asecl 

animala. etc. (a) as far as practicable keep such animal separate 

from animals not so diseased; and 

(b) with all practicable speed give notice of the fact 

of the animal being so diseased to the inspector or 

to the person in charge of the nearest police 

station. 

(2) The person to whom notice under subsection (I) 

is given, if not the inspector, shall forthwith give information 

thereof to the inspector. 

[l'hc inclusion of this page ia authoriad by L.N. 48011!)73] 
A.NlMii.LS (DISEASES AND IMPORT ii.TION) 

5.-(1) Where the inspector suspects that any disease ~fcc:ted 

exists in any stable, shed, pen, field, pasture, or other aces. 

similar place, he shall forthwith sign a notice to that effect 

and such notice shall contain a declaration that such place, 

the limits whereof shall be therein specified, is an infected 

place. A copy of such notice shall be served upon the 

occupier of such place. 

(2) Upon the servioe of such notice the place therein 

specified shall be an infected place subject to confirmation 

or otherwise by the Minister under the provisions of subsection (4) : 

Provided that the inspector may, at any time within 

seven days of such service and before such confirmation or 

otherwise, withdraw such notice and thereupon such place 

shall cease to be an infected place. 

(3) The inspector shall with all practicable speed send 

copies of such notice to the Minister, and where any such 

notice has been withdrawn the inspector shaH forthwith 

inform the Minister to that effect. 

(4) Upon receipt by the Minister of the copies of 

such notice the Minister shall, unless such notice has been 

withdrawn, forthwith consider the matter and-

(a) if satisfied that such course is expedient or necessary, shall by order declare the place specified in 

such notice to be an infected place, and may also 

by order declare that any area containing, adjoining, or surrounding such place is an area infected 

with disease and such order shall specify the limits 

of such infected area; or 

(b) if not so satisfied, shall by order revoke the notice 

of the inspector, and thereupon as from the time 

specified in that behalf by such order such place 

shall cease to be an infected place. 

[Ibe incluliOD of tbi1 PliO it authorized by LN. 480/1973) 

s 
6 

lafected 

areu. 

De8Ded 

port. 

Dilpoaa1 of 

IIDimals. 

Compensation. 

A.NIMA.l.S (DISEASES AND IMPDRT A.TION) 

6. The Minister. whenever it appears necessary or 

expedient so to do by reason of the existence of any 

disease, may by order declare any area in the Island to be 

infected with disease, and such order shall specify the limits 

of such infected area. 

7. No defined port, or part thereof, shall be declared to 

be an infected place or an infected area. 

8.-(l) The inspector may cause any diseased or suspected 

animal, or any anjmaJ which had been in the same stab~ 

shed, pen, field, pasture, or other similar place, or in the 

same herd or flock as, or in contact with, any diseased or 

suspected animal, whether or not any such place has been 

declared to be an infected plaoe or is within an infected 

area, to be slaughtered in order to prevent the spread of the 

disease; and for such purpose the inspector may give all 

such directions as he may consider necessary. 

(2) The inspector may, for the purpose of observation 

and treatment, take possession of and retain any animal 

liable to be slaughtered under this section, but subject to 

payment of compensation as in the case of actual slaughter. 

9. Any animal slaughtered under the provisions of this 

Ac~ or which dies as the result of disease, sbal1 be 

destroyed, buried, or otherwise disposed of, as soon as 

possible in accordance with regulations made undei this 

Act and in accordance with the orders, either general or 

particular, of the inspector; and for such purposes the 

inspector may use any suitable around in the possession or 

occupation of the owner of the animal. 

10.-(1) The Minister may in his discretion award, for 

the compulsory slaughter of any animal under the provisions 

of this Act, compensation which shall be payable out of 

the Consolidated Fund. The amount of any such compensa-

[I1Ie inclusiOil of tbia pap is authorilled by L.N. 480/19731 
A.NIMA.LS (DISEASES AND IMPORT AT JON) 

tion shall not exceed the value of the animal immediately 

before slaughter, and compensation may be reduced or 

refused where the owner or the person having charge of 

the animal has, in the opinion of the Minister, been guilty, 

in relation to the animal, of an offence against this Act. 

(2) No compensation shall be payable in respect of 

any animal compulsorily slaughtered when in a quarantine 

depot if, in the opinion of the inspector, such animal was 

diseased at the time of importation. 

7 

11. The Minister may from time to time by order add onter . 

any particular disease to, or remove any particular disease ~:: o1. 

from, the Schedule, and as from the date of any such order =e. 

such particular disease shall be, or shall cease to be (as the 

case may be) a disease within the meaning of this Act. 

U.-(1) The Minister may make regulations generally ltCBulal:iODa. 

for the control and treatment of diseased or suspected 

animals and for the prevention and spread of disease. 

(2) Regulations made under subsection (ll may, 

without prejudice to the generality of such power make 

provision with regard tcr-

(a) the adaptation and modification of the provisions 

of this Act in relation to any animals suffering 

from any particular disease; 

(b) the notices to be given by persons in possession or 

in charge of diseased animals in the case of any 

particular disease, or in the case of illness of any 

such animal, and the persons to whom such notices 

are to be given; 

(c) the notification to the public of infected places or 

infected areas and the removal of anything into, 

within or out of such places or areas, and the 

cleaning or disinfecting of such places or areas; 
8 

Prohibition 

of im)JOrta· 

tion of 

birdJ, etc. 

6/1958 

s. 3(2) .t. 

Sc:h. 

ANIMALS (DISEASES AND IMPORTATION) 

(d) the movement of persons into, within or out of 

infected places or infected areas, and the prevention of the spread of disease by persons in contact 

with diseased or suspected animals; 

(e) the treatment, disinfecting, destruction, burial, 

disposal, and digging up, of anything in or 

removed from an infected place or infected area; 

({) the movement, isolation, segregation, treatment, 

slaughter, destruction, disposal, burial, seizure, 

detention, and exposure for sale, of diseased or 

suspected animals; 

(g) the removal, transport, treatment, isolation, 

examination, testing, cleansing, disinfecting, protection from suffering, exposure for sale, exbibi· 

tion, or marking of animals; 

(h) the removal, transport, treatment, examination, 

cleansing, and disinfecting of carcasses, fodder, 

litter, dung and other things; 

(l) the cleansing, disinfecting, and examination, of 

places used by, and vehicles used for the transport 

of animals; 

(J) the fees and expenses incurred for any purpose for 

which regulations may be made under this section, 

and the persons by whom they are to be paid, and 

the manner in which they may be recovered. 

PAlt.T lll. Importation 

13.-(l) No bird, reptile or insect may be imported into 

the Island save under and in accordance with a licence 

granted by the Director of Veterinary Services under the 

provisions of section IS. 

(The inclusion of thia pap is authorized by L.N. 4BO/l973] 
ANIMALS (DISEASES A.ND IMPORTATION) 

(2) Any person who-

(a) imports into the Island any bird, reptile, or 

insect, otherwise than under a licence in that 

behalf granted under section 1 5; or 

(b) contravenes or fails to comply with any of the 

provisions of any such licence, 

shall be guilty of an offence against this Act; and any bird, 

reptile or insect. in respect of which any such offence is 

alleged to have been committed may be seized and on conviction shall be forfeited to the Crown. 

9 

14.-(1) The Minister may, for the purpose of preventing Keaulat!oaa 

the introduction or spread of any disease into the Island, ;~o:=amake regulations prohibiting, restricting, controlling or ::::, etc. 

regulating the importation of animals or poultry, or any 

specific kind thereof, or of carcasses, fodder, litter, dung 

or other similar things. 

(2) Regulations made under subsection (1) may 

without prejudice to the generality of such power make 

provision with regard to-

(a) specifying and defining the ports at which animals 

or poultry, or carcasses, fodder, litter, dung or 

similar things may be landed; 

(b) controlling, prohibiting or regulating the movement of animals or poultry, or of carcasses, fodder, 

Jitter, dung or similar things into, within, or out 

of any defined port; 

(c) controlling the examination, cleansing, destruction, disposal, seizure and detention of any an;mal 

or poultry, or of carcasses, fodder, litter, dung or 

other similar things in a port; 

(d) the fees and expenses incurred for any purposes 

for which regulations may be made under this 

section, and the persons to whom they are to be 

[l.k inc:lullion of this Jlal• ia authorized by LN. 480/19731 
10 

Import 

licence for 

birds, etc. 

6/1968 

s. 3(2) &: 

Sch. 

6/1968 

s. 3(2) &: 

Sch. 

6/1968 

s. 3(2) & 

Sch. 

Quarantine 

depoCL 

ANIMALS (DISEASES AND IMPORTATION) 

paid and the manner in which they may be 

recovered. 

15.-(1) The Director of Veterinary Services may grant 

to any person a licence to import any bird, reptile or insect 

into the Island, and may, notwithstanding anything oontained in any regulations made under section 14, for the 

purposes of any exhibition, performance, or circus, grant 

a licence to import any particular animal into the Island. 

(2) Any licence granted under this section may contain such terms and conditions as the Director of Veterinary 

Services may think necessary. 

(3) Every person desirous of applying for a licence 

shall make application in such form as the Director of 

Veterinary Services may require. 

16. The Minister may appoint quarantine depots iJ1 

such places as he may deem necessary, and all animals, 

birds, reptiles or insects, required to be quarantined under 

this Act or any regulations made, or licence granted, 

thereunder, shall be placed within such depots iD 

accordance with the orders of the inspector. 

Imported 17. All animals, birds, reptiles and insects imported 

~caJs, etc.. into this Island shall, subject to any regulations made 

quarantined. under this Act or to the terms and conditions of any 

licence granted under this Aet, be placed in a quarantine 

depot for such time and under such conditions as may be 

specified in such reguJations or in any such licence. 

PART IV. General 

Po~n of 18.-(1) Where any person is found committing, or is 

!r~ea- reasonably suspected of being engaged in committing, an 

otfence against this Act or against any regulation made 

thereunder, any constable may without warrant stop and 

detain him, and if his name and address are not known to 

[The ii1Ciusioo. of this pqo is allthori:lllcl by L.N. 4fll/ 1973} 
ANIMALS (DISEASES AND IMPORTATION) 

the constable and he fails to give them to the satisfaction 

of the constable, such constable may without warrant 

apprehend him and may, whether be bas so stopped, detained or apprehended such person or not, stop, detain 

and examine any animal, bird, repille, insect, vehicle, boat 

or other thing, to which the offence or suspected offence 

relates and require it to be forthwith taken back to or jnto 

any place or district wherefrom or whereout it was unlawfully removed, and execute and enforce that requisition. 

(2) H any person obstructs or impedes a constable 

in the execution of this Act or of any regulation made 

thereunder, or assists in any such obstructing or impeding, 

the constable may without warrant arrest the ofender. 

(3) A person apprehended under this section shall 

not be detained without warrant longer than is necessary 

for the purpose of being taken before a Justice, and the 

provisions of the Constabulary Force Act in relation to 

the granting of bail shall apply to any such person. 

19. The inspector shall have all the powers given tD a Powcraol 

constable under section 18 and may at any time enter- iupector. 

HH 

(a) any pen, building, land, or place where he has 

reasQnable grounds for supposing-

(i) that disease exists, or has, within fifty-six 

days, existed; or 

(ii) that the carcass of any diseased or suspected 

animal is or has been kept or has been 

buried, destroyed or otherwise disposed of; 

or 

(iii) that there is to be found therein any thing 

or any place in respect whereof any person 

has on any occasion failed to comply with 

the provisions of this Act or of any 

regulations made thereunder; or 

(Tho iudWii.oll of thia J1B.10 i1 authoriad by L.N. 480/1973] 

1l 
12 ANIMALS (DISEASES AND IMPORTATION) 

(iv) that this Act or any regulation made thereunder has not been or is not being complied 

with; 

(b) any vehicle, vessel, or boat, in which or in respect 

whereof he has reasonable grounds for believing 

that this Act or any regulation made thereunder 

has not been or is not being complied with. 

Offences. 20. Any person who, without lawful authority or excuse 

the proof whereof shall lie on him-

(a) when required by this Act, or by any regulation 

made thereunder, to keep any animal separate as 

far as practicable, or to give any notice of disease 

with all practicable speed, fails to do so; or 

(b) contravenes or fails to comply with any of the 

provisions of this Act, or of any regulations made 

thereunder; or 

(c) contravenes or fails to comply with any directions 

given by the inspector under section 8; or 

(d) refuses to the inspector, acting in execution of 

this Act or of any regulation made thereunder, 

admission to any pen, buildinJ, land, place, 

vehicle, vessel, or boat, which such inspector is 

entitled to enter or examine, or obstructs or 

impedes him from so entering or examining, or 

otherwise in any respect obstructs or impedes the 

inspector or any constable in the execution of his 

duty, or assists in any such obstructinJ or 

impeding; or 

(e) throws or places or causes to be thrown or placed 

into or in any river, stream, drain, or other water, 

or into or in the sea within three mDes of the 

shore, the carcass of an animal which has died of 

disease or has been slaughtered as diseased or 

suspected; or 

[The inc:lusiOD of this pap ia authorized by L.N. 480/1973] 
ANIMALS (DISEASES AND IMPORTATION) 

(f) takes, or allows to be taken, unless otherwise 

required by this Act or by any regulations made 

thereunder, or allows to stray, any diseased 

animal in or upon any common, public road, or 

public place; or 

(g) <figs up, or causes or allows to be dug up, the 

buried carcass of any animal which has been 

slaughtered under this Act as diseased or suspected, or which bas died or is suspected of having 

died from any disease; or 

(h) takes or moves, or allows to be taken or moved, 

any animal, carcass, fodder, litter, dung or other 

thing, into or out of any infected place or infected 

area otherwise than in acx:ordanoe with this Act 

or with any regulations made thereunder; or 

(J) allows any animal to stray into or out of any 

infected place or infected area, 

shall be guilty of an offence against this Act. 

21. Any person guilty of an offence against this Act or r<:nalty. 

against any regulations made thereunder, shall, save where 

otherwise expressly provided, be liable for each such offence 

on summary conviction before a Resident Magistrate to a 

fine not exceeding one hundred dollars or to imprisonment 

with hard labour for any term not exceeding six months. 

22.-(1) Where the owner or person in charge of any Evidel1ce 

animal is charged with an offence against this Act, or :!:tiona 

against any regulations made thereunder, relative to disease 

or to any illness of the animal, he shall be presumed to have 

known of the existence of the disease or illness unless and 

until he shows to the satisfaction of the court that he had 

not knowledge thereof and could not with reasonable 

diligence have obtained that knowledge. 

a> The certificate of the inspector to the effect that 

any animal is or was affected with a disease specified in the 

[I'hc i.adusion of thia paao is authorized by L.N. 480/ 1973] 

13 
14 

Truapcrt 

throu,gb 

infcc!ed 

placesaud 

areaa. 

Power to 

prohibit uae of railway, 

ek:., by 

order. 

Power to 

apply Act 

to poultry. Applied by 

LN. 

39/l!Jo49. 

L.N. 

93/1959. 

SavilllANIMALS (DISEASES AND IMPORTATION) 

certificate shall for the purposes of this Act or of any 

regulations made thereunder be conclusive evidence in all 

courts of justice of the matter certified. 

23. Subject to any specific provision in any regulations 

or order under this Act, nothing in this Act, or in any 

regulations made thereunder, shall restrict or prohibit the 

transport of any person, animal, or thing, by railway or by 

public road through an infected place or an infected area 

if such person. animal, or thing, is not detained within such 

place or area. 

24.-(1) The Minister may, in his absolute discretion, by 

order prohibit, during such time as may be specified in such 

order-

(a) the use in any manner whatever of any railway 

or public road through an infected area or of any 

part of such railway or public road; or 

(b) the use, except in compliance with such conditions 

as may be specified in such order, of any such 

railway or public road or of any part of such 

railway or public road. 

(2) Any person who contravenes or fails to comply 

with the provisions of any order made under subsection (1) 

shall be guilty of an offence against this Act. 

25. The Minister may by order apply, subject to such 

exceptions, adaptations and modifications as may be therein 

set out, the provisions of this Act, and of any regulations 

made thereunder, to poultry. 

16. .Nothing in this Act shaD apply to bees. 

N.B. By Le1al Notices Nos. 39/1949 and 93/1959 publiahcd in the Jamaica 

Gu.ette Supplement, P.R. & R., of 13th May, 1949 and 26th Much. 19.59, 

the provisions of the Act wens made to apply to paultry in tbe •me manDer 

iD all respecll u the aid provisions apply to animaJL 

[Tho inc:lusion of this paae i.a authorized by LN. 480/1973] 
ANIMALS (DISEASES. AND IMPORT AT ION) 

SCHEDULE (Sections 2 and 11) 

African Hone Sickness 

(E.qume Plague. Pestia equorum) 

African Swine Fever (A.S.F .) 

Anthrax 

Attiphic rhi.oitis 

Aujeszkys Disease 

Blonwildc Beeaoa 

Blue T011pe 

Bruc:ellosis 

Contagious bovillo pleuropneumama 

But Coast Fever ('l'be:iloriasia) 

Epizootic lympbaqitis 

EquiDe enccpbalomyc.litia 

Equine infectious auaernia 

Equine ~osia 

(Biliary Pover) 

Foot and mouth clileue 

GlaDden and farcy. 

Heart Water Fever 

Haemorr~Jaaic Sopticaemi.a 

Infectious or Epizootic 

IDfertility ia Cattle (Bpiva&) 

Infectious Keratitis 

(lnfectioua oonjunctivitis. PiDk eye, 

Contqioua ophthalmia) 

Infectious ~tis 

Leishmaniasis 

LcptoSpiroliB of Livestock 

Manp_qvinc (cotDJDonly c:alled 

Sheep &Cab) 

Melitensis infection (commonly 

called Malta Fever) 

Newcastle disease (commcmly 

called fowl peat or fowl plape) 

Paralytic rabies {bat traosmittecl) 

Psittacosis (syDODym~mithoaia) 

Rabies 

Rift Valley Fever 

(Enzootic hepatitis) 

Rinderpest 

Sarcoptic DIADIC in bones 

SweatiDa Sidmeu 

Swine crysipelu 

Swine Fever (commoaly caJled 

bog cholera) 

Three-day Sickneaa (Ephemeral 

Fever) 

T~ Disease 

Ttichomooiuis 

Trypanoso miuet (including 

dourine. mal & cadaras. surra 

and tlypa11oiOIDa vivax infection) 

Tuberculosis 

Variola oviDo 

Variola vaeciDia 

VesicuJar euntbcma 

Vesicular stomatitis 

Lumpy Skin Disease Vibriosis 

MalipaDt Catarrhal Fever Viral ~umoDia (pi&s) 

rtiio ~~ ~ 1hil ·'PIP i1 a1horirlecl by LN. 17/1982] 

15 
16 ANIMALS (DISEASES AND IMPORTATION) 

ComagiOUI Bquine Metriti1 {C.R.M.) 

IDfeclioUI BoviDe R.lliDotnu:hoit (LB.R.) 

['Ibo iaclulion cl 1bil a-11 is autbomed by LN. 17/19121