South Africa Enacts Law on Foot and Mouth Disease Control

South Africa's Minister of Agriculture, John Steenhuisen, has approved a new comprehensive national framework for Foot and Mouth Disease (FMD) control measures. These measures, set to be gazetted, consolidate previous directives under the Animal Diseases Act 35 of 1984, including the 2019 FMD Contingency Plan. The new framework aims to provide livestock farmers with clearer, science-based pathways for managing outbreaks, facilitating recovery, and minimizing economic losses, while simultaneously safeguarding the country's agricultural trade and biosecurity. Key innovations include risk-based trade resumption during quarantine, clarified status for vaccinated animals, and flexible recovery options beyond blanket herd removal, alongside tailored provisions for communal farming systems.

The South African agricultural sector, particularly its vital livestock industry, has long grappled with the devastating economic and trade implications of Foot and Mouth Disease (FMD) outbreaks. In a significant development aimed at bolstering biosecurity and supporting farmer resilience, the Minister of Agriculture, John Steenhuisen, has approved a new set of national FMD control measures. This legislative update is poised to offer a more structured, science-based approach to managing outbreaks, providing much-needed clarity and practical solutions for livestock producers.

Foot and Mouth Disease is a highly contagious viral disease affecting cloven-hoofed animals, with profound economic consequences due to its rapid spread and severe trade restrictions. In South Africa, FMD is classified as a controlled animal disease under the Animal Diseases Act 35 of 1984. This foundational legislation empowers the Minister of Agriculture to prescribe general or particular control measures, including movement restrictions, vaccinations, and quarantine, across the Republic or in specific defined areas. Historically, FMD outbreaks have led to significant disruptions in production, restricted market access, and immense financial pressure on farming communities, costing the country millions, if not billions, in economic losses. Previous control efforts included the 2019 FMD Contingency Plan and various directives issued under Section 9 of the Animal Diseases Act, often leading to complex and sometimes inconsistent application. The country has also been partitioned into different FMD control zones, including FMD-free zones, protection zones, and infected zones, each with specific regulations regarding animal movement and vaccination.

The newly approved FMD control measures represent a significant overhaul, consolidating previous directives into a single, integrated national framework. This unified approach aims to provide farmers, veterinarians, and authorities with a clear, practical, and science-based guide for managing outbreaks from detection through to recovery. A pivotal change is the introduction of risk-based pathways that allow for the resumption of certain trade activities even during quarantine periods. Specifically, animals may be directed to designated FMD abattoirs from 16 days after a property is declared clinically clear, with broader slaughter options, including access to export-approved facilities, becoming available after 42 days.

Furthermore, the framework clarifies the status of vaccinated animals. Livestock that have been vaccinated but have never been infected with FMD and are not subject to quarantine restrictions will continue to be regarded as healthy and may be traded and moved under normal regulations. This is a crucial distinction, as FMD management has historically treated infected and vaccinated animals similarly due to diagnostic challenges. The new measures also offer greater flexibility in recovery pathways, moving away from the previous assumption that entire herds must be removed before quarantine can be lifted. Producers now have several options, including restocking with vaccinated animals or sourcing livestock from FMD-free areas, providing economically realistic alternatives to devastating whole-herd depopulation.

Reflecting advancements in scientific understanding, the updated measures also reduce the unnecessary destruction of animal products such as feed, fodder, and manure, which will now be managed according to scientifically determined risk periods. Importantly, the framework introduces dedicated provisions for communal and peri-urban livestock systems, recognising their unique challenges and providing tailored quarantine and vaccination approaches. Well-fenced farms may also manage outbreaks within affected sections of a property rather than placing entire operations under full quarantine, allowing for more targeted and proportionate responses.

These new control measures complement recent developments, such as the Routine Vaccination Scheme for Foot and Mouth Disease (RVS-FMD) gazetted in May 2026 under Section 10 of the Animal Diseases Act, which provides a fast-track mechanism for voluntary farmer vaccination under state oversight. This scheme, alongside a High Court ruling in May 2026 confirming farmers' right to privately procure and administer FMD vaccines, indicates a broader shift towards a public-private partnership model in FMD control, aiming to achieve FMD-free status with vaccination, thereby unlocking significant export opportunities.

The approval of these new FMD control measures marks a pivotal moment for South Africa's livestock industry. For practising attorneys and legal professionals advising clients in the agricultural sector, understanding this consolidated framework is paramount. The clearer rules, risk-based approaches, and flexible recovery options are designed to mitigate the severe economic impact of FMD outbreaks, offering a more predictable operating environment for farmers and enhancing the country's trade prospects.

Practitioners should advise clients on the specific requirements for compliance, particularly regarding movement permits, vaccination protocols, and traceability, as non-compliance can lead to severe penalties. The emphasis on a science-based approach and collaboration between government and industry stakeholders suggests a more dynamic regulatory landscape. Attorneys should remain vigilant for the official gazetting of these measures and any accompanying regulations or guidelines, as well as the outcomes of the planned formal review within 12 months of implementation, to ensure their advice remains current and effective.