The FMD Law: What Farmers Must DoAnd The Heavy Price of Non-Compliance

As South Africa’s fight against Foot and Mouth Disease (FMD) intensifies, the battle isn’t just happening in fields and feedlots. It’s also a legal frontier, where farmers and agribusinesses carry significantand enforceableresponsibilities under the threat of severe penalties. With Agriculture Minister John Steenhuisen unveiling a decade-long vaccination plan, the immediate onus is on the industry to comply with stringent controls to contain the crisis.

Legal expert Lucinde Rhoodie, a director at Cliffe Dekker Hofmeyr, has laid out the stark legal landscape. At its core is the Animal Diseases Act of 1984, which classifies FMD as a controlled disease. This imposes a direct “legal duty” on every livestock owner to prevent infection and stop the spread.

The Non-Negotiable Checklist for Farmers

Rhoodie’s outline of core obligations reads like a survival manual for the industry:

1. Immediate Reporting: Any suspected case must be reported to state vets without delay.

2. Movement Lockdown: Animal movement must be restricted, with all necessary health declarations and permits in place.

3. Fortress Biosecurity: Strict protocols, including isolation for new and sick animals, are mandatory.

4. Record-Keeping & Cooperation: Accurate logs must be maintained, and farmers must fully cooperate with inspections and enforcement.

The Consequences: Fines, Jail, and a State of Disaster

The price of negligence is high. Violations can lead to prosecution. For a first conviction, penalties can reach R8,000 or two years in prison. A second offence can mean R16,000 or four years behind bars. A third strike could result in four years’ imprisonment without the option of a fine.

Rhoodie notes that declaring a state of disaster remains a potent option. Such a move could centralise command, bringing in police, traffic authorities, and even the SANDF to enforce movement controls, while potentially unlocking financial relief for farmers crippled by quarantines and trade bans.

Vaccines on the Horizon and Industry Demands

On the logistical front, the FMD Industry Coordination Council (ICC) confirmed that 1.5 million doses of the Dollvet FMD vaccine are expected in mid-February. Allocation will be managed by the Ministerial Task Team. The ICC is pushing for transparency on how distribution decisions are made and is advocating for clear, unified national guidelines for movement permits to prevent bureaucratic gridlock.

Critically, the industry is seeking a 24-hour turnaround for regulatory approvals to fast-track emergency measures, arguing that existing regulationsdesigned for an FMD-free countryare now hindering the response.

The message to farmers is unequivocal: compliance is not just good practice; it’s a legal imperative with serious personal and financial stakes. As the vaccine rollout prepares to begin, the law remains the government’s primary tool to enforce the discipline needed to stop the spread and eventually reclaim South Africa’s prized FMD-free status.