Forcing the issuance of orders for the neutralization (disinfection) of animals, products and raw materials of animal origin that pose a danger to animal and human health

 

No.6001-23-00-6ap/441, 6001-23-00-6ap/441 (2) dated 06/21/2023

Plaintiff: KX "B"

Respondent: State Institution "Territorial Inspection of the Committee for Veterinary Control and Supervision of the Ministry of Agriculture

Of the Republic of Kazakhstan"

Interested parties: State Institution "Department of Veterinary Medicine of the region",LLP "E-B", KGP on the PHB "regional veterinary station" of the Department of Veterinary Medicine of the region, department of GKP on the PHB "regional veterinary station" of the Department of Veterinary Medicine of the region, RSE on the PHB "Republican Veterinary Laboratory of the Committee for Veterinary Control and Supervision of the Ministry of Agriculture of the Republic of Kazakhstan"

The subject of the dispute: the compulsion to issue prescriptions for the disinfection (decontamination) of the processing of animals, products and raw materials of animal origin that pose a danger to the health of animals and humans

Review of the defendant's cassation complaint and the prosecutor's cassation petition

PLOT:

Based on the decision of the State Institution "Office of the Akim of the rural district" of the district dated 03/30/2021, restrictive measures were established on the territory of farm "B" in connection with the detection of brucellosis disease among cattle.

The State veterinary and sanitary inspector of the State Institution "RTI KVK in the Ministry of Agriculture of the Republic of Kazakhstan" B.B. issued five prescriptions for the isolated maintenance of livestock positively reacting to brucellosis, in addition, prescriptions dated 03/15/2021, 04/05/2021, 19/04/2021 on sanitary cleaning, sanitary slaughter of sick animals, positive reacting to brucellosis in relation to 300 head of large cattle (hereinafter referred to as cattle).

In compliance with the order, the farm sent 300 heads of cattle for sanitary slaughter to the slaughterhouse - E-B LLP, the rest of the cattle were sent to other points.

The transfer of livestock for slaughter was carried out on the basis of contracts concluded with E-B LLP for the purchase and sale of farm animals for the production of live meat, and acceptance certificates for the transfer of non-imported animals.

According to the results of the examinations (test reports) performed by the veterinary and sanitary doctor of E-B LLP after the slaughter of cattle, there are no pathological and anatomical changes in the carcasses and internal organs.

After the completion of veterinary measures, the state veterinary and sanitary inspector of the district issued Certificates on the transfer of animals, products and raw materials of animal origin that pose a danger to animal and human health (hereinafter referred to as Acts) for 300 cattle.

Regulations on the neutralization (disinfection), processing of animals, products and raw materials of animal origin that pose a risk to animal health (hereinafter referred to as the Regulation) were not issued.

On January 10 and 12, 2022, the Veterinary Department of the region sent a response to the plaintiff's appeal about the refusal to pay compensation due to the lack of signatures on Form No. 6.

The plaintiff appealed to the chief veterinary and sanitary inspector of the district to issue Prescriptions for 300 heads of cattle.

On 03/02/2022, the State Institution "Territorial Inspection of the Veterinary Control and Supervision Committee of the Ministry of Agriculture of the Republic of Kazakhstan", referring to the absence of pathological changes in animal carcasses and organs established by acts of veterinary and sanitary assessment, refused to issue the required prescriptions.

On 05/13/2022, the State Institution "Regional Territorial Inspection Committee for Veterinary Control and Supervision of the Ministry of Agriculture of the Republic of Kazakhstan", in response to the plaintiff's appeal dated 04/18/2022, provided a response on the absence of grounds for issuing Orders for 300 carcasses of cattle, as well as indicating that earlier Acts for 300 carcasses of cattle were issued illegally by the Inspection, in violation of the order of the Minister of Agriculture of the Republic of Kazakhstan dated 30.On 10.2014, No. 7-1/559 "On Approval of Regulatory legal acts in the veterinary field".

Judicial acts:

1st instance: the claim is satisfied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are upheld.

Conclusions:

By virtue of subparagraph 20) of Article 1 of the Law of the Republic of Kazakhstan "Veterinary Medicine" (hereinafter referred to as the Law), veterinary measures include a set of antiepizootic, veterinary and sanitary procedures aimed at preventing the occurrence, spread or elimination of animal diseases, including their prevention, treatment or diagnosis; neutralization (disinfection), removal and destruction of animals infected with particularly dangerous diseases, which pose a danger to the health of animals and humans.

Subparagraph 1) Paragraph 1 of Article 18 of the Law provides that in order to take legal measures of influence based on the results of state veterinary and sanitary control and supervision, depending on the established violations of the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary, state veterinary and sanitary inspectors issue prescriptions.

The rules for drawing up and issuing regulations were approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated July 22, 2013 No. 16-07/333 "On approval of the forms of regulations, Rules for their preparation and issuance".

According to Chapter two of the Rules, the instruction provided for in the second subparagraph of subparagraph 1) of paragraph 1 of Article 18 of the Law (On elimination of violations of the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine) is issued when such violations of the requirements of veterinary legislation are established by individuals and legal entities, which, if taken, may lead to the emergence and spread of particularly dangerous diseases, as well as harm public health, animals and the economy.

The instruction provided for in the sixth paragraph of subparagraph 1) of paragraph 1 of Article 18 of the Law (On Neutralization (disinfection), processing of animals, products and raw materials of animal origin, veterinary drugs, feed and feed additives that pose a danger to animal and human health) is issued upon detection of unsuitable for use without appropriate neutralization (disinfection) or processing of products and raw materials of animal origin, feed and feed additives, veterinary drugs.

The instruction provided for in the ninth paragraph of subparagraph 1) of paragraph 1 of Article 18 of the Law (On sanitary cleaning, sanitary slaughter of sick animals) is issued in case of need for sanitary cleaning, sanitary slaughter of sick animals.

According to subparagraph 1 of paragraph 1 of the List of Animal Diseases for which mandatory neutralization (disinfection) and processing are carried out without the removal of animals, products and raw materials of animal origin.............. , posing a danger to animal and human health", approved by the Decree of the Minister of Agriculture of the Republic of Kazakhstan dated March 28, 2012 No. 18-03/127 bovine brucellosis is included in this list based on the results of a veterinary and sanitary assessment, which is carried out in accordance with Veterinary (veterinary and sanitary) Regulations.

By virtue of paragraph 1245 of the Veterinary Regulations (Chapter 101.Paragraph 6 "Veterinary and sanitary assessment of products and raw materials of animal origin during veterinary and sanitary examination of infectious diseases of animals") with brucellosis, meat from cattle that respond positively to brucellosis, in the absence of pathological and anatomical changes in the carcass and organs, is released without restriction after 12 hours of meat maturation. When pathological changes are detected in carcasses and organs, it is released for sausage and canned goods.

In accordance with the Rules and Conditions for reimbursement to individuals and legal entities of the cost of seized and destroyed sick animals..., or neutralized (decontaminated) and processed animals, products and raw materials of animal origin that pose a danger to animal and human health, approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated October 30, 2014 No. 7-1/559, the cost of neutralized (decontaminated) and processed without withdrawal of animals, products and raw materials of animal origin, If they pose a danger to animal and human health, they are subject to mandatory compensation.

The condition for reimbursement to owners of the cost of neutralized (disinfected) and processed animals, products and raw materials of animal origin without withdrawal is the presence of particularly dangerous diseases in sick animals included in the lists, as well as compliance by individuals and legal entities with the requirements established by Article 25 of the Law.

The court of first instance, guided by the above-mentioned norms of the Law and Rules, reasonably satisfied the claim of KX "B", since it was reliably established that the contested actions of the defendant, expressed in the refusal of

issuing orders to the plaintiff on the neutralization (disinfection) of the processing of animals, products and raw materials of animal origin that pose a danger to animal and human health for 300 heads of cattle is not legitimate, since by these actions of the defendant, the plaintiff was actually deprived of the amount of compensation due to him for the slaughter of non-neutralized and processed brucellosis patients in the amount of 300 heads of cattle at their market value.

It was established that the plaintiff, after identifying a positive result for brucellosis in cattle, fulfilled the mandatory mandatory requirements of the state veterinary and sanitary doctor.B. (on the isolated maintenance of cattle responding positively to brucellosis), sending 300 heads of cattle with brucellosis for slaughter.

 

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