TELEPHONE: (202) 776-3980 TELECOPIER: (202) 776-397!5 LAW OFFICES 

### PIERRE MURPHY

SUITE 800 1200 NEW HAMPSHIREAVENUE, N.W.

WASHINGTON, D.C. 20036-6802

March1,2013

VIAEMAIL (ORIGINAL VIA U.S. MAIL)
Attn: Mr. Samuel Podberesky Assistant General Counsel for Aviation Enforcement and Proceedings, C-70 U.S. DepartmentofTransportation 1200 NewJerseyAvenue, S.E. Room W96-322 Washington, D.C. 20590 EMAIL: PMURPHY@LOPMURPHY.COM

Re: Nondiscrimination onthe Basis ofDisability in AirTravel; Request ofFly JamaicaAirways Limited for Conflicts ofLaws Waiver

Dear Mr. Podberesky,

Pursuantto 14 C.F.R. 382.9, Fly JamaicaAirways Limited ("FlyJamaica") hereby requests a waiverofthe Department's regulations governing nondiscrimination on the basis ofdisability (14 C.F.R. Part 382)tothe extentthatFlyJamaica otherwise would berequired to transport service dogs on flights from the United StatestoJamaica. As explained below, Jamaican law prohibitsthe importation ofdogs directly from the United States. Thus, these foreign laws directly conflict with Part 382 ofthe Department'sregulations which require foreign carrierstotransport dogs thatqualify as "service animals" under Part 382. Accordingly, Fly Jamaica hereby invokes the procedures of 14 C.F.R. 382.9 in orderto request a waiverfrom the requirementthatFly Jamaicapermit service dogsto accompany passengers with a disability on flights from the United States to Jamaica.

In support ofthis conflictoflaws waiverrequest, FlyJamaica states as follows:

I. FlyJamaica, a Jamaican airline, currently holds a foreign aircarrierpermit authorizing it to provide, among otherthings, scheduled foreign airtransportation ofpersons and property from a point
orpoints behindJamaica, viaJamaica and intermediate points, to a point orpoints in the United States and beyond; charterforeign airtransportation ofpersons and property between any point orpoints in Jamaica and any pointorpoints in the United States and between any pointorpoints in the United States and any point orpoints in athird countryorcountries, providedthat, exceptwith respectto cargo charters, such service constitutes part ofa continuous operation, with orwithout a change ofaircraft, that includes servicetoJamaicafor the purpose ofcarrying local traffic betweenJamaica andthe United States. See Order2013-2-25. FlyJamaica also holds exemption authority to conduct U.S.- Jamaica flights to the full extent authorized by the open-skies agreement in effectbetweenthetwo countries. SeeDocketDOT-OST-2012-0171. Pursuanttoits DOT authority, FlyJamaicacurrentlyprovides nonstop scheduledpassenger service between New York and Kingston, Jamaica.

2. TheDepartment's Final Rule on Nondiscrimination on the Basis ofDisability in Air Travel, appliesthe requirements ofthe AirCarrierAccess Actof 1986, as amended to foreign air carriers, with effecton 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, amongother thingsthat, with respectto passengerflights which begin and end atU.S. airports, foreign aircarriers permit service animalsto accompanypassengers who are qualified individuals with a disability. 14 C.F.R. 382.117. However, foreign aircarriers are not required to transport service animals otherthan dogs. 14C.F.R. 382.117(t).

3. Jamaica, which FlyJamaica servesdirectly from the United Stateshas laws which conflictwith the requirements of 14 C.F.R. 382.117. The Animals Diseases (Importation) Control Regulations, 1948 (attached hereto as Appendix A), strictly prohibitthe importation ofdogstoJamaica from countries otherthan Great Britain, Northern Ireland and Eire (Republic ofIreland) with no special exceptions for seeing eye dogs orother service dogs. Specifically, Regulation II providesthat: "nodog
orcat shall be imported intothe Island except directly from the countries specified in the Third Schedule tothese regulations".

4. To address inevitable conflictsbetween the requirements orprohibitions ofPart 382 and those ofthe laws, regulations and otherlegally binding laws offoreign authorities, the Department establishedthe mechanisms ofpart 382.9 whereby a foreign carriermay submita request for a waiver of specificprovisions ofPart 382 ifsuch provisionsconflictwith a bindingobligation under foreign law. The identified animal importation control regulations ofJamaica are "legallybinding foreign legal mandates" (73 Fed. Reg. at 27646), which applyto all aircarriers and passengerstravelingtoJamaica. This regulation directlyconflicts with the requirements ofPart 382. If, on the one hand, FlyJamaicawere to transport a service dog on a flight from the U.S. to Jamaica, such transportation would violateJamaican law. If, on the otherhand, FlyJamaica were to refuse totransport a service dog accompanying a qualified individual with a disability, such refusal would violatethe requirements of 14 C.F.R. 382.117. There is absolutely no action that Fly Jamaica could take pursuanttoJamaican law that would enable FlyJamaica to legallytransport service dogs from the U.S. to Jamaica. Consequently, a conflict oflaws waiver is required.

5. Thedirect conflictbetweenthe Jamaican animal importation laws andthe service animal transportation requirements ofPart 382 are preciselythe types ofcircumstancesthe Department intended the conflictoflaws waivermechanismto address, in thatthe foreign regulation "prohibits [FlyJamaica] from doing somethingrequired by [Part 382]"and "asa legal matter", [FlyJamaica] has no choice butto actcontraryto [Part 382]". 73 Fed. Reg. 27646-27647. In fact, in the preamble to the Final Rule, the Department specificallyacknowledged thatthe animal quarantine rules ofsome foreign nations created situationswhich would require conflict oflaws waivers toresolve:

As a general matter, foreign carrierpolicies with respectto service animals, like otherforeign carrierpolicies, are subjecttothe conflictof laws waiver and equivalentalternative provisions ofthe final rule

......Some commentators mentionedthat some countrieshave quarantine rules that severelydelay orlimitthe entry ofcertain animals,

2oreffectively prohibit certain animals- even service animals- from enteringthose countries. The Department agreesthat, ifCountry S prohibits a certain kind ofanimal from entering, an airline serving an airport in Country S could apply for a conflictoflaws waivertobe relieved from carrying such an animal to that country. Such a waiver would be country-specific.
73 Fed. Reg. at 27635. FlyJamaica is requestingthe exacttype ofcountry-specific waiver relating to the transportation ofservice animalsthatthe Department contemplated in thepreamble to the Final Rule.

6. As a practical matter, the animal importation laws ofJamaicacompletely precludethe transportation ofservice dogs directly from the United Statesto Jamaica. Consequently, with respect to flights from the U.S. to airports in Jamaicathere is no alternative means FlyJamaica could use, ifthe conflict oflaws waiver is not granted,to achieve the objectives of382.117. However, assumingthe waiver is granted, FlyJamaicawould otherwise complywith therequirements of382.117 tothe maximum extentpossible, includingthetransportation ofservice dogs from Jamaicatothe United States. FlyJamaica would also complywith the written explanation requirements of382.117(g) with respect to passengers' service animalsthat are not accepted for transportation from the United Statesto Jamaica.

In conclusion, for the reasons stated above, FlyJamaica, pursuantto 14 C.F.R. 382.9hereby requests a conflicts oflawswaiver, whereby FlyJamaicawould not be required to comply withthe requirements of 14 C.F.R. 382.117 (or any othersection ofpart 382requiringthetransportation ofservice dogs) with respect to flights from the United States to Jamaica. Therequested waiver is based on a direct conflict with a specific, binding prohibition ofJamaican law.
Please do not hesitate to contactme ifyou have anyquestions orrequire additional information concerningthisrequest.

ierre rphy Attorney for FlyJamaicaAirways Limited

3

# APPENDIXAANIMALS (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 ojdiuased or 8Wipected animals
4. Segreption and notification of diseased B.Dimals, etc. 5. lnfcc:ted places. 6. Infected arcaa. 1. DefiDCd pon. 8. SJaugbterofd.isea8ed orsuspected 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 12 ANIMALS (DISEASES AND JMPORT AT ION)

21. Pcaalty. 22.. Evidence and presumptions. 23. Transport tbroup infected places and areas. 24. Powertoprohibit use ofrailway, 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/l91llA.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 SIIGrttitlo. 

### Importation) Act.

PART 

### I. PrelimiiUlry 

### 2. Inthis 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 includepoultry; "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· madeunder 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. 480/197314 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 thisAct. (2) 

### It shall be the duty of the inspector and 

### assistaDt inspectors to carry 

### out the 

### provisions ofthis Act and 

### ofany 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 ofdiseased orsuspectedanimals

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 ofthe 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) isgiven, ifnottheinspector, 

### shall forthwith giveinformation 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 sub

### section (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 practicablespeed 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 ofsuch 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) 

## s6

lafected areu.

De8Ded port.

Dilpoaa1of 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 ofsuchinfected area. 7. No defined port, or part thereof, shall 

### be declared to be an infected place 

### or an 

### infected area. 8.-(l) The

### inspectormaycauseany

### diseased orsuspected 

### 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 ofthe disease; and for such purpose the inspector may give 

### all such directions as he may consider necessary. (2) Theinspector may,for 

### the 

### purpose ofobservation and treatment, take possession of and retain 

### any animal liable to be slaughtered under this section, 

### but subject to 

### payment ofcompensation asin 

### thecase 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 thecompulsoryslaughter

### ofanyanimal

### under

### the provisions of this Act, 

### compensation which shall 

### be payable out of the

### Consolidated Fund. Theamountof any 

### suchcompensa- [I1Ie inclusiOil of tbia pap is authorilled by L.N. 480/19731A.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 diseasedatthe time ofimportation. 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 provisionwith

### 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 

### inpossession or in charge of diseased animals 

### in the case of any particular disease, or in the case of illness of any such animal, andthepersonstowhom suchnotices 

### 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 ofim)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 usedfor the 

### transport ofanimals; (J) 

### the fees and expenses incurred for 

### any purpose for which regulations may

### be

### made under this section, 

### and the 

### persons bywhom 

### 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 behalfgranted 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 ofpreventing 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 ofanimals orpoultry,or ofcarcasses, fodder, Jitter, dung or similar things into, within, or out of any defined port; (c) controlling the examination, cleansing, destruction, disposal, seizure and detention ofany 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. 480/1973110

Import licencefor 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 ofVeterinary Services maythink necessary. (3) Every person desirous of applying for a licence shall make application in such form as the Director of 

### Veterinary Services 

### mayrequire.


### 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 

### specifiedin suchreguJationsorin

### any suchlicence.

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 

### ifhis name and address arenot 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 orjnto 

### any place or district wherefrom or whereout 

### it was unlaw

### fully 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 orsuspected 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] 1l12 ANIMALS (DISEASES AND IMPORTATION) (iv) that 

### this Act or any regulation made thereunderhasnotbeen oris 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, 

### orwhich basdied or is suspected ofhaving 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 liablefor eachsuch 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
orto anyillnessofthe animal, 

### he shall bepresumed

### 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] 1314

Truapcrt throu,gb infcc!ed placesaud areaa.

Powerto prohibituae ofrailway, ek:., by order.

Powerto applyAct topoultry. Appliedby 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 ofjustice 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, byrailway or 

### by public road through an infected place or an 

### infected area 

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

### within such place orarea. 24.-(1) The Minister may, 

### in his absolute discretion, 

### by orderprohibit, during such time asmay 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 orpublicroad. (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 mayby order apply, subject to such exceptions, adaptations and modifications as may

### betherein 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) Epizooticlympbaqitis EquiDe enccpbalomyc.litia Equineinfectious auaernia Equine**~osia**

(Biliary Pover) Foot and mouth clileue GlaDden and farcy. Heart Water Fever**Haemorr~Jaaic** Sopticaemi.a Infectious orEpizootic

IDfertility ia Cattle (Bpiva&) Infectious Keratitis (lnfectioua oonjunctivitis. PiDk eye,

Contqioua ophthalmia) Infectious**~tis** Leishmaniasis LcptoSpiroliB ofLivestock 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] 1516 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