1. Introduction

Zoonotic disease genetic monitoring refers to the scientific and regulatory monitoring of infectious diseases that can be transmitted between animals and humans through genetic sequencing, molecular diagnostics, pathogen identification, genomic surveillance and epidemiological data analysis.

Examples include:

Avian influenza (H5N1 and H5N6).

Rabies.

Brucellosis.

Bovine tuberculosis.

Rift Valley fever.

Crimean-Congo haemorrhagic fever.

Coronavirus infections.

Salmonellosis and other foodborne infections.

In Morocco, zoonotic disease genetic monitoring is particularly important because of the country's livestock sector, poultry production, wildlife populations, international animal trade, food-safety systems and cross-border movement of people and animals.

The legal framework must balance five major objectives:

Protection of public health.

Prevention and control of animal diseases.

Regulation of genetic and biological samples.

Protection of personal and genetic information.

International cooperation and scientific research.

Morocco's regulatory approach can be understood through a One Health framework, which recognises that human health, animal health and environmental health are interconnected.

2. Legal and institutional framework in Morocco

Morocco does not have one comprehensive statute exclusively dedicated to zoonotic genomic surveillance. Instead, regulation operates through animal-health legislation, public-health legislation, food-safety rules, data-protection requirements and international health standards.

A. Law No. 1-75-292 of 19 September 1977: Protection of domestic animals against contagious diseases

This legislation is a central foundation of Morocco's animal-disease control framework.

Its provisions establish important responsibilities:

Reporting animals affected by, or suspected of having, contagious diseases.

Veterinary inspection and disease investigation.

Isolation and sequestration of infected or suspected animals.

Adoption of emergency disease-control measures.

Destruction or slaughter of infected animals where legally prescribed.

Inspection and enforcement by authorised veterinary officers.

Article 3 is particularly important because it requires animal owners, custodians and veterinarians who examine affected animals to report suspected diseases to the competent administrative authority.

Article 4 provides for urgent protective measures, including isolation and sequestration.

These obligations provide a legal foundation for collecting animal samples for laboratory investigation and genetic identification when necessary for disease control. However, the legislation should not be interpreted as creating an unlimited power to conduct genetic sequencing without regard to applicable laboratory, privacy and other regulatory requirements.

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B. Law No. 61-22 of 2023: Amendment of animal-health legislation

Law No. 61-22 amended and supplemented the 1977 animal-disease legislation.

It was promulgated by Dahir No. 1-23-85 of 30 November 2023 and published in Morocco's Official Bulletin in December 2023, with the ONSSA identifying the relevant publication in its animal-health legislation register.

The amendment is significant because it modernises the legal framework governing protection of domestic animals against contagious diseases.

For zoonotic genetic monitoring, the amended framework is relevant to:

Veterinary disease-control responsibilities.

Detection and management of contagious animal diseases.

Administrative intervention against disease outbreaks.

Enforcement of animal-health obligations.

Coordination between veterinary authorities and other competent institutions.

The amendment must be read alongside the applicable implementing regulations rather than treated as a separate genomic-surveillance statute.

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C. Law No. 25-08: Establishment of ONSSA

The National Office for Food Safety, known as ONSSA (Office National de Sécurité Sanitaire des Produits Alimentaires), is a central institution in Morocco's animal-health and food-safety regulatory system.

Law No. 25-08 established ONSSA.

Its functions include:

Monitoring animal diseases.

Conducting health-risk assessments.

Controlling animal products and food products.

Supervising veterinary medicines.

Monitoring animal-health risks.

Exercising relevant inspection and authorisation functions.

Supporting laboratory-based disease-control activities.

ONSSA is therefore an important institutional authority for zoonotic monitoring, particularly where genetic testing is used to identify pathogens affecting livestock, poultry, animal products or food chains.

Its official regulatory materials identify Law No. 25-08 and the associated implementing decrees.

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D. Law No. 28-07 on food safety

Law No. 28-07, promulgated on 11 February 2010, governs the health safety of food products.

It is relevant to zoonotic genetic monitoring because pathogens may enter the human food chain through contaminated meat, milk, eggs and other products of animal origin.

Genetic testing can help identify:

Salmonella strains.

Pathogenic Escherichia coli.

Listeria monocytogenes.

Other foodborne pathogens.

Antimicrobial-resistant bacterial strains.

The law operates alongside Decree No. 2-10-473 of 6 September 2011, which implements certain provisions of the food-safety legislation.

The regulatory objective is to prevent unsafe food from reaching consumers and to support investigation and control of biological hazards.

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E. Royal Decree No. 554-65 of 26 June 1967: Mandatory notification of certain diseases

Morocco's public-health framework also includes Royal Decree No. 554-65, which makes notification of specified diseases compulsory and provides for preventive measures.

Its implementation is supplemented by Ministerial Order No. 683-95 and subsequent amendments.

This framework is important when a zoonotic infection affects humans.

For example, when a suspected animal-to-human transmission event involves rabies or another notifiable infection, the human-health reporting system must operate alongside animal-health investigation.

This creates a legal basis for coordinated epidemiological investigation, although it does not itself establish a universal requirement for genomic sequencing of every suspected infection.

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3. Regulation of genetic sample collection and pathogen sequencing

Genetic monitoring requires the collection, transportation, storage and examination of biological samples.

Possible samples include:

Animal blood.

Saliva and nasal swabs.

Tissue samples.

Milk and other animal-derived materials.

Environmental samples.

Pathogen isolates.

Human clinical specimens.

The regulatory process should distinguish between ordinary epidemiological samples, animal genetic material, human biological samples and identifiable human genetic information.

A. Collection of samples

Authorised veterinary or public-health personnel should collect samples under appropriate procedures.

The collection process should document:

The identity or identification number of the animal, where available.

The geographical location.

The date and circumstances of collection.

The suspected disease.

The person or authority collecting the sample.

The sample's identification code.

The laboratory receiving the sample.

B. Laboratory genetic analysis

Laboratories may use:

PCR and real-time PCR.

Whole-genome sequencing.

Next-generation sequencing.

Molecular epidemiology.

Phylogenetic analysis.

Antimicrobial-resistance gene identification.

These technologies can establish relationships between pathogen samples and help investigators identify transmission patterns.

However, a genetic match does not automatically establish who infected whom. Epidemiological circumstances, timing, animal movement, clinical findings and alternative transmission routes must also be considered.

C. Chain of custody

A reliable chain of custody is essential, especially where genomic results may be used in administrative enforcement or judicial proceedings.

Laboratories should maintain:

Sample identification records.

Collection and transportation records.

Storage conditions.

Laboratory procedures.

Sequencing quality-control records.

Analytical reports.

Access and transfer logs.

These safeguards improve the reliability and evidentiary value of genomic findings.

4. Protection of genetic and personal information under Law No. 09-08

Morocco's Law No. 09-08 of 18 February 2009 is particularly important when zoonotic monitoring involves human genetic information.

Article 1 defines personal data broadly and expressly includes information concerning an identifiable person's genetic identity.

It also classifies health information, including genetic data, as sensitive personal data.

Consequently, a genetic surveillance programme involving human patients, agricultural workers, veterinarians or individuals exposed to infected animals must consider the requirements of Law No. 09-08.

The principal safeguards include:

1. Lawful processing: Personal data must be processed under an appropriate legal basis.

2. Purpose limitation: Information collected for disease surveillance should not automatically be reused for unrelated commercial, employment or discriminatory purposes.

3. Prior formalities: Depending on the processing activity, prior declaration or authorisation from the National Commission for the Control of the Protection of Personal Data (CNDP) may be necessary.

4. Confidentiality: Patient identities and identifiable genetic records must be protected.

5. Security: Appropriate technical and organisational measures must prevent unauthorised access, alteration, loss or disclosure.

6. International transfers: Cross-border transfers of identifiable personal data must comply with the applicable requirements of Law No. 09-08.

A particularly important distinction exists between animal-pathogen genomic data and human genetic data. A sequence from an animal pathogen is not automatically personal genetic information. Nevertheless, if it is linked to an identifiable human patient, the associated information may fall within the personal-data framework.

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5. Institutional responsibilities

Coordination is particularly important because a zoonotic outbreak cannot always be controlled through animal-health measures alone.

6. One Health approach and international cooperation

Morocco's zoonotic genetic-monitoring framework should be understood in the context of the international One Health approach.

Three international organisations are particularly relevant:

World Health Organization (WHO) — human disease surveillance and public-health coordination.

World Organisation for Animal Health (WOAH) — animal disease surveillance and international animal-health standards.

Food and Agriculture Organization (FAO) — animal production, food security and agricultural disease prevention.

International cooperation is important for:

Sharing information about emerging pathogens.

Comparing genetic sequences across countries.

Identifying cross-border transmission patterns.

Monitoring zoonotic influenza.

Detecting antimicrobial resistance.

Improving laboratory capabilities.

Coordinating responses to international outbreaks.

International technical standards provide guidance, but they do not automatically become domestic Moroccan legislation. Their implementation must be considered alongside Moroccan statutes, regulations and applicable international obligations.

7. Important case laws and judicial principles

An important legal difficulty is that publicly identifiable Moroccan judgments specifically addressing zoonotic whole-genome sequencing or genetic surveillance are not readily established in the available legal sources.

Therefore, the following decisions and judicial principles are relevant by analogy. They should not be presented as direct judgments on genomic surveillance.

Case 1: Moroccan Administrative Tribunal, Rabat, 3 August 2016, Decision No. 3058

Relevant Moroccan judicial authority

Court: Administrative Tribunal, Rabat.

Decision number: 3058.

Date: 3 August 2016.

Case number: 441/7112/2016.

Legal provision: Article 79 of the Moroccan Code of Obligations and Contracts.

Facts and legal issue:

The dispute concerned administrative responsibility for damage caused by wild animals under the responsibility of the State.

Judicial principle:

The court considered whether the State could avoid liability by relying on force majeure or an external cause.

The decision recognised that the administration could not automatically escape responsibility without demonstrating that it had taken the necessary precautions to prevent the damage.

Relevance to zoonotic genetic monitoring:

This decision is relevant when considering administrative responsibility for inadequate animal-risk management.

For example, if authorities fail to take legally required preventive measures after receiving credible evidence of a dangerous animal disease, questions may arise concerning administrative negligence.

However, the judgment did not concern genetic sequencing or zoonotic surveillance directly.

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Case 2: Moroccan Supreme Court, Civil Chamber, 2 December 1959

Legal subject: Liability arising from animal-related damage.

The judgment is cited in the Moroccan Code of Obligations and Contracts commentary concerning animal liability.

Relevant legal principle:

Article 86 of the Code provides that a person responsible for an animal must answer for damage caused by that animal, even if it escapes or becomes lost, subject to the statutory defences.

Relevance:

This principle can become important when an animal under private ownership or control spreads a zoonotic infection.

For example, where an owner fails to exercise legally required precautions and an infected animal causes harm, the question of civil liability may arise.

The application of Article 86 to disease transmission would depend on proof of causation, damage, legal responsibility and any applicable defences.

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Case 3: Moroccan Supreme Court, Civil Chamber, 18 October 1937

Legal subject: Professional negligence and medical responsibility.

Judicial principle:

The reported decision explains that professional responsibility may arise where a practitioner demonstrates imprudence, intention or negligence inconsistent with established professional duties and accepted scientific practice.

Relevance:

The principle is useful by analogy when assessing laboratory or veterinary professional negligence.

Examples include:

Incorrect genetic identification of a pathogen.

Failure to follow appropriate laboratory procedures.

Negligent sample handling.

Failure to communicate a significant result.

Improper professional interpretation of scientific findings.

The case concerned medical professional responsibility, not zoonotic genomic monitoring itself.

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Case 4: Rabat Court, 4 January 1940

Legal subject: Responsibility for risks associated with medical experimentation.

Judicial principle:

The reported decision considered the allocation of responsibility where a patient suffered harm associated with an experimental treatment administered by a hospital service.

Relevance:

This historical decision provides an analogy for evaluating responsibility when public institutions undertake experimental biological or scientific procedures.

In a modern zoonotic-monitoring context, it supports examining whether institutions have exercised appropriate care when conducting research or interventions involving biological risks.

It is not a direct precedent concerning genomic surveillance.

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8. Practical regulatory challenges in Morocco

Several legal and institutional challenges arise in implementing zoonotic genetic monitoring.

A. Lack of a dedicated genomic-surveillance statute

Existing legislation establishes animal-health and public-health responsibilities, but a comprehensive legal framework specifically regulating zoonotic genomic surveillance would provide greater clarity.

Such legislation could define sample collection powers, sequencing standards, data retention, reporting duties and oversight responsibilities.

B. Coordination between animal and human health authorities

A pathogen detected in livestock may subsequently affect farmers, veterinarians, slaughterhouse workers or consumers.

A lack of timely information-sharing can delay disease-control measures.

C. Genetic-data confidentiality

Human genetic and health information requires special protection under Law No. 09-08.

The challenge is to balance confidentiality with legitimate public-health surveillance.

D. Laboratory capacity

Reliable genomic surveillance requires trained personnel, validated methods, suitable equipment and quality assurance.

E. Cross-border pathogen movement

Animal transportation, wildlife migration and international agricultural trade can facilitate the movement of infectious agents.

Morocco therefore needs effective cooperation with neighbouring countries and international disease-surveillance institutions.

F. Scientific evidence and judicial reliability

Courts and administrative authorities must distinguish between a laboratory result, an epidemiological inference and proof of legal responsibility.

Genetic similarity alone should not be treated as conclusive evidence of the source or direction of infection.

9. Recommendations for strengthening Morocco's regulatory framework

The following reforms could improve the legal governance of zoonotic genetic monitoring:

1. Dedicated genomic-surveillance legislation: Introduce specific rules for the collection, sequencing, storage and use of zoonotic pathogen samples.

2. Mandatory reporting protocols: Establish clear reporting procedures for designated high-risk animal diseases and significant human infections.

3. Laboratory accreditation: Strengthen quality assurance and independent verification of genomic results.

4. One Health coordination: Establish effective information-sharing mechanisms between ONSSA, public-health authorities and research institutions.

5. Data-protection safeguards: Ensure that identifiable human genetic and medical information receives appropriate protection.

6. Emergency surveillance powers: Clarify the legal basis, scope and review mechanisms for emergency sample collection and disease-control measures.

7. Judicial accountability: Develop procedures for challenging inaccurate laboratory results, unlawful sample collection and disproportionate administrative interventions.

8. International cooperation: Improve pathogen-sequence sharing and cross-border outbreak investigation under applicable legal and international standards.

10. Conclusion

The regulation of zoonotic disease genetic monitoring in Morocco is based on an interconnected legal structure involving animal-health legislation, public-health obligations, food-safety regulation and personal-data protection.

Law No. 1-75-292, as amended by Law No. 61-22, provides an important foundation for animal disease control. Law No. 25-08 establishes ONSSA's institutional responsibilities, while Law No. 28-07 addresses food safety. Royal Decree No. 554-65 provides an additional foundation for mandatory reporting of specified human diseases.

Law No. 09-08 becomes especially significant when genomic surveillance involves identifiable human genetic or health information.

The Moroccan judicial authorities have developed relevant principles concerning animal liability, administrative responsibility and professional negligence. Nevertheless, the cited decisions should be understood as analogous legal authorities rather than direct precedents on zoonotic genomic surveillance.

Ultimately, an effective regulatory system must combine scientific accuracy, timely disease reporting, institutional cooperation, privacy protection and judicial accountability. A dedicated genomic-surveillance framework would help clarify these obligations and strengthen Morocco's capacity to prevent and respond to zoonotic outbreaks.

11. Important legal references and research sources

Official and legal research sources:

ONSSA – Animal Health Regulations.

ONSSA – Animal Disease Legislation.

ONSSA – Institutional Responsibilities.

Morocco – Law No. 09-08.

Ministry of Health – Public Health Legislation.

Moroccan Administrative Tribunal – Decision No. 3058 (2016).

Moroccan Code of Obligations and Contracts – WIPO Lex.

Research qualification: The case-law discussion identifies relevant reported judicial authorities and analogous principles. It does not establish a specific Moroccan judicial precedent on genetic monitoring of zoonotic diseases.