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Animals Protection Amendment Bill in the Pipeline

September 15, 2020

Parliament

A Draft Animals Protection Amendment Bill is in the pipeline.

The draft bill, a private member’s bill, was drawn up by Steven Swart, an African Christian Democratic Party member of parliament.

The proposed legislation’s explanatory summary was published in Government Gazette 43702.

The draft bill seeks to amend two acts, namely, the Animals Protection Act of 1962 and the Foodstuffs, Cosmetics and Disinfectants Act of 1972.

According to the explanatory summary, the draft amendment intends to “prohibit the sale and manufacturing of cosmetics that were tested on an animal in the Republic and to criminalise the testing of cosmetics on animals”.

The draft bill also aims to insert a definition for “cosmetic” into the Animals Protection Act; provides for a new offence to be included in the Animals Protection Act related to the testing of a cosmetic or part of, or ingredient of, a cosmetic on an animal and provides for an exception in respect of parts or ingredients that were tested on an animal for a purpose that was not related to the inclusion of that part or ingredient in a cosmetic, as parts or ingredients of cosmetics may also be used in medicines and disinfectants.

In terms of the Foodstuffs, Cosmetics and Disinfectants Act, the draft bill seeks to create an offence for the selling or manufacturing of a cosmetic that has been tested on an animal in South Africa; proposes to exclude the special defence created by section 6 of that act from applying to the offence of selling or manufacturing any cosmetic, which has been tested on an animal in South Africa and to include a similar exception related to tests on parts or ingredients not intended for use in a cosmetic.

Comment on the proposed content of the draft bill is invited within 30 days of the date of publication.