Introduction:
Wet markets are complexes where various vending stalls are lined up in rows and which trade in perishable commodities including fish, meat, poultry, vegetables, fruits, etc. The term ‘wet’ arises from the existence of wet floors as a result of washing the perishable commodities or melting of ice which is used to keep meat-related products from spoiling.[1] The Huanan Seafood Wholesale Market situated in Wuhan city of Hubei province, China, is accorded to be one of the main reasons for the spread of the novel coronavirus or SARS-Cov 2.0.[2] In this regard, the Director of the World Health Organization (hereinafter WHO) in a media briefing on the COVID-19 pandemic emphasized the need for wild animal wet markets to strictly follow the stringent guidelines to ensure that situations similar to the pandemic do not occur in the future.
This article seeks to explore the regulation of wild animal wet markets in some countries across the world and then moves on to explore the global perspective of the same. It then enlists a few recommendations which, when enforced properly are capable of mitigating the many negative effects which arise from these markets. It then concludes by reiterating the need to learn an important lesson from the COVID-19 pandemic. Since the focus of this article is more towards this particular element (health, sanitation, and hygiene of wet markets), its scope accordingly is limited to the same.
Wild Animal Wet Markets Regulation
The Wildlife Law in China prohibits the sale or purchase of wild animals that are protected by the State. However, the said trade can take place if the requisite approvals are duly sought and obtained.[3] In March 2020 however, the Beijing Municipal People’s Congress’ Fifteenth Standing Committee proposed to ban hunting, trade, and consumption of wild animals in the country, given that the COVID-19 pandemic originated in a wet market as was mentioned earlier[4]. Wet markets were one of the most prominent sources of meat in China, along with fish and other perishable goods. Usually, wild animals are not slaughtered on the spot in the wet markets but in special factories designed for slaughtering animals. Despite this fact, wet markets are extremely unsanitary in China. As regards wild animal trade in wet markets specifically, Article 26 of the Land Wildlife Protection Regulation prohibits the purchase or the sale of wild animals that are protected by the Government, and the products which are made of these animals are not to be sold in any wet market.
In the case of those animals not protected by the Government, the Article states that those hunting these animals and desire to sell them may do so in markets specially constituted for the same by the State[5]. In 2003, the Ministry of Health of the Central Government issued a regulation which required wet markets to adhere to certain sanitary requirements, maintain distance between the shops (not less than 5 meters) and these markets are also subject to inspections by the Health Authority. It is also pertinent to note that the trading of wild animals in wet markets must adhere to the relevant provisions of the Animal Epidemic Prevention Law.[6]
India’s situation is different than that of China. While the latter introduced a law specifically dealing with wild animal trade and to some extent the regulation of wet markets, India lacks such a regulation[7]. Unlicensed purchase and sale of wild animals that are protected by the State and are scheduled in nature are prohibited by the Wildlife (Protection) Act, 1972. Of all the Indian states, West Bengal is reported[8] to be the main center for wet markets where wild animals are traded, especially famous being the turtle.
Turtles in India are sold at rampant quantities in various wet markets, as confirmed by experts and law enforcement agencies[9]. While the Wildlife (Protection) Act, 1972 prohibits the trade and consumption of scheduled animals that are directly protected by the State, there is no specific law in India which deals with sanitary regulations of wet markets. One of the recent developments took place in February 2020 when the Food Safety and Standards Authority of India (FSSAI) audited wild animal wet markets and expressed concerns over the poor standards of hygiene.
With an aim to battle the coronavirus, it accordingly released the ‘Food Hygiene and Safety Guidelines for Food Businesses During Coronavirus Disease (COVID-19) Pandemic’ in which it laid down guidelines and precautions with respect to hygiene standards in food business including wet markets, including thorough sanitation, practicing social distancing, etc.[10]
One of the countries with more effective legislation on wild animal trading is Argentina. Argentina does not have legislation that specifically deals with wild animal wet markets. However, it does have legislation that facilitates comprehensive regulation of trade of wild animals (The Regulation on the Inspection of Products, By-Products and Derivatives of Animal Origin and also deals with health and sanitary pre-requisites which are essential in such trades. These trades are monitored, controlled, and regulated by the National Animal Health Service.[11] Article 1 of The Regulation provides that the health and sanitation standards provided by the Regulation also extend to those places where animals are slaughtered or process, therefore including wild animal wet markets under its ambit[12].
Wild animal wet markets are present all around the world and they offer support to not just food or fisheries industries but also those rearing the animals and subsequently selling them. While they have economically positive effects, they also are identified to be one of the main causes for the spread of several zoonotic diseases[13] including the recent COVID-19 disease[14]. Occurrences such as these have time and again reiterated the mandatory need for governments to regulate wild animal wet markets. Even global bodies such as the WHO has been working on drafting a guidance report for member nations to make effective regulations on the subject. To combat the impact of the pandemic, the Biodiversity Chief of the United Nations, Ms. Elizabeth Maruma Mrema, stated that vigorous bans have to be placed on the trade and sale of wildlife for purposes of consumption[15].
Conclusion
It can be seen that individual countries have adopted different solutions for dealing with the multifaceted issues which arise due to wild animal wet markets, to be precise, the lack of sanitation and hygiene in these markets. In this context, some changes which can be tried to attain through coordinated efforts on the global front are:
- Vendors in wet markets have to mandatorily adhere to the rules and regulations issued by any competent authority with respect to the health standards and sanitary requirements of the stalls as well as the products, especially wild animal-related products which are being traded in said stalls.
- The stalls are to be placed at a reasonably safe distance. For this purpose, the Chinese model can be adapted as per which a distance of 5 meters between the stalls is mandatory.
- Consumers are to be made to follow social distancing norms and competent authorities are to take measures to ensure that the crowd in the market is regulated properly at all times.
- Each stall should be in possession of necessary sanitation facilities and the products are to be thoroughly sanitized. To keep this in check, regular inspections can be held by competent authorities.
These suggestions can mitigate the ill-effects caused due to wild animal wet markets but they are not sufficient in themselves. Their enforcement is to be taken seriously. Another issue that arises is that not all vendors of all stalls can access the necessary sanitary equipment due to various reasons including economic backwardness, lack of governmental support, etc. For instance, a majority of clients in wet markets of Nigeria belong to low or middle income groups and the same is the case with the vendor’s[16] Situations such as these expand the role of stakeholders involved, especially respective governments and other agencies which can provide support to vendors of these markets.
As was stated by the WHO, the COVID-19 pandemic and also previous epidemics which were a consequence of low sanitation and hygiene in wild animal wet markets have time and again reiterated the need for regulation of the same. While hunting down of animals and other related aspects are dealt with generally in all countries (penalizing the killing of animals protected by the States), many countries lack proper legislations (or enforcement of existing regulations) with respect to the health and sanitation standards at wild animal wet markets. Lessons have to be learned from the recent pandemic and this situation must be dealt with through coordinated efforts which can be overseen by global institutions such as the United Nations, the WHO, etc.
References:
[1] Kelly Buchanan, Comparative Summary, Regulation of Wild Animal Wet Markets in Select Jurisdiction, Law Library of Congress (Aug. 2020) https://www.loc.gov/law/help/wet-markets/wild-animal-wet-markets.pdf.
[2] Noel King, Why Wet Markets Are The Perfect Place To Spread Disease, wpr.org (Jan. 29, 2020) https://www.npr.org/2020/01/29/800725826/why-wet-markets-are-the-perfect-place-to-spread-disease.
[3] Langey Zhang, China, Regulation of Wild Animal Wet Markets in Select Jurisdiction, Law Library of Congress 28 (Aug. 2020) https://www.loc.gov/law/help/wet-markets/wild-animal-wet-markets.pdf.
[4] Ayush Patnaik & Angana Chakrabarti, COVID-19 outbreak pushes Beijing to draft law banning hunting, consumption of wild animals, The Print (Mar. 27, 2020) https://theprint.in/world/covid-19-outbreak-pushes-beijing-to-draft-law-banning-hunting-consumption-of-wild-animals/389453/.
[5] Land Wildlife Protection Regulation, art. 26 (1988).
[6] Zhang, supra note 3 at 32.
[7] Tariq Ahmad, Regulation of Wild Animal Wet Markets in Select Jurisdiction, Law Library of Congress 56 (Aug. 2020) https://www.loc.gov/law/help/wet-markets/wild-animal-wet-markets.pdf.
[8] Gargi Sharma, Global Health Implications of Wildlife Trade, WCS India (Apr. 2020) https://perma.cc/9KZF-GN5C.
[9] Id.
[10] Food Hygiene and Safety Guidelines for Food Businesses During Coronavirus Disease (COVID-19) Pandemic, FSSAI (Apr. 15, 2020) https://perma.cc/FZ6P-H9CZ.
[11] Graciela Rodriguez-Ferrand, Argentina, Regulation of Wild Animal Wet Markets in Select Jurisdiction, Law Library of Congress 9 (Aug. 2020) https://www.loc.gov/law/help/wet-markets/wild-animal-wet-markets.pdf.
[12] Reglamento de Inspección de Productos, Subproductos y Derivados de Origen Animal, art. 1 (1968) https://perma.cc/KN3J-P76Z.
[13] Zoonosis are diseases which are communicable from animals to humans in natural circumstances and zoonotic viruses or infections cause these diseases. Zoonosis, Merriam Webster, https://www.merriam-webster.com/dictionary/zoonosis.
[14] Kenji Mizumoto et al., Effect of a Wet Market on Coronavirus Disease (COVID-19) Transmission Dynamics in China, 97 Int. J. Infect. Dis. 96 (2020) https://perma.cc/979W-UAQV.
[15] Patrick Greenfield, Ban wildlife markets to avert pandemics, says UN biodiversity chief, The Guardian (Apr. 6, 2020) https://www.theguardian.com/world/2020/apr/06/ban-live-animal-markets-pandemics-un-biodiversity-chief-age-of-extinction.
[16] USDA Foreign Agricultural Services Report (2011).
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