Chapter 3: Keeping of Animals/Care of Animals

A. General Regulations
Section 12 Principles of Keeping Animals
Section 13 Qualifications of the Animal Keeper
Section 14 Care in Case of Illness of Injury

B. Special Regulations
Section 15   Principles of Animal Breeding
Section 16   Keeping of Animals within the Scope of Business Activities
Section 17   Sale and Trading of Animals
Section 18   Abandoned, Stray or Lost Animals and Confiscated Animals
Section 19   General and Commercial Transport of Animals
Section 20 Humane Killing and Slaughter of Animals
Section 21   Principles of Animal Training

A. General Regulations

Section 12 Principles of Keeping Animals

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(1) The owner or keeper of any animal is obliged to

Provide food and drink which is sufficient, accessible and appropriate to maintain the animal in full health and vigour and meet its physiological and ethological needs;
Provide the animal with satisfactory hygiene and care, including regular inspections and appropriate and humane management and handling; ensuring the promotion of good human-animal relationships and the absence of pain, suffering, injury, fear or distress for the animal;
Keep the animal in such a way that its physical functions and its behaviour are not disturbed or affected; and its ability to adapt is not overstrained or overtaxed;
Provide the animal with an appropriate environment, which meets its physiological and behavioural needs, including freedom of movement and appropriate social contacts and interaction (taking into consideration the species, age and degree of development, and domestication of the animal), and also to rapidly investigate any signs of stereotypical behaviour, as an indication that the animal’s needs are being frustrated, and take remedial action without delay;
Provide the animal with appropriate shelter, facilities, and a comfortable resting area; always ensuring that the animal is not exposed to adverse temperatures, weather conditions, or lack of oxygen; and
When housing or confining an animal, ensure in particular that the space (including height, as well as floor space); condition of the ground/base; structural equipment of the buildings and facilities; the climate, including temperature, air circulation, natural light and ventilation; and noise level will safeguard the welfare of the animal and enable it to meet its physiological and behavioural needs.

(2) A person shall not manufacture, keep in stock, sell, offer for sale, deliver, or in any manner make use of any animal housing system, unless such a system conforms to the above welfare requirements for the keeping of animals, and any prescribed minimum standards established by the Competent Authority.

(3) It is prohibited to keep any animal permanently or prevalently chained or tethered.

(4) Wild animals must in no case be kept chained or tethered, even temporarily, unless this is to prevent imminent danger – for example, in an emergency situation; and dogs should not be tethered more than momentarily or on a running chain which enables free movement and exercise (for purposes of management or control).

(5) Any person keeping a domestic animal shall ensure that the animal is inspected and attended to at least once a day or more depending on the species’ particular needs.

(6) In case of any ownership dispute concerning an animal or animals, the outcomes shall be decided (e.g. by the civil courts) taking into account the best interests of the individual animal or animals.

(7) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context. The Minister responsible, the Ministry or the Competent Authority shall introduce prescribed minimum standards for animal welfare housing systems. In addition, the Minister responsible, the Ministry or the Competent Authority may require prior authorisation for the manufacture, importation and/or use of any fabricated housing system.
The Minister responsible, the Ministry or the Competent Authority shall prohibit ways of keeping animals which are manifestly inconsistent with the principles of animal welfare, including but not limited to the use of certain types of cages and the keeping of animals which are not nocturnal in prevailing darkness.

Section 13 Qualifications of the Animal Keeper

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(1) Every person capable of complying with the provisions of the subject Act, and the regulations [‘Welfare Codes’, standards and guidance] based on it, is authorised to keep animals unless they have been banned from keeping animals due to prior infringements of the subject Act or any other legislation.

(2) Any person who is the keeper of an animal must have the necessary knowledge and required skills and capabilities to safeguard the animal’s well-being and provide appropriate and humane management and handling. This would include ensuring appropriate food and nourishment, liquid, care, hygiene, shelter and accommodation, opportunity for exercise and appropriate social interaction – in accordance with the animal’s physiological and behavioural needs.

(3) Every keeper of an animal is obliged to ensure that he/she has access to all relevant information, advice and education/training to meet all legislative requirements and provide for all welfare needs of any animal under his/her care.

(4) Every animal owner giving an animal into the care of a keeper is obliged to ensure that the said keeper has the necessary knowledge and required skills and capabilities to safeguard the animal’s well-being and provide appropriate and humane management and handling.

(5) Without the consent of their legal guardian minors under the age of 14 years are not allowed to obtain animals.

(6) In addition: Authorisation of the Minister responsible the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context; including, requirements for the provision of proof of skills, capabilities and knowledge, and detailed provisions governing the keeper’s ‘duty of care’.

Section 14 Care in Case of Illness or Injury

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The owner of an animal who appears to be ill or injured, or in pain or distress, and any keeper of such an animal, must ensure that the animal is inspected, cared for and treated appropriately, and as comprehensively as possible, and without delay. A veterinarian must be consulted whenever the cause of any health issues, illness, injury or other possible emergency cannot be identified. Any ill or injured animal shall be accommodated in consideration of and according to their special needs and if required in separate accommodation. No ill or injured animal shall be transported, unless for emergency purposes and to ensure the animal’s welfare.

B. Special Regulations

Section 15 Principles of Animal Breeding

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(1) Natural breeding or artificial breeding and reproduction methods, including through methods of bio or gene technology, are prohibited when it is expected that through the breeding or due to the breeding aim either the parent animal, the offspring itself and/or their descendants will be imposed/burdened for a significant period of time or permanently with either pain, suffering or damage or behavioural disorders (including disruption to their species-specific behaviours) or if their physical functions are impaired or disturbed/affected [inhumane breeding practices]. This will particularly be the case where an animal will have any body parts or organs incapacitated/indisposed, altered or missing. It also includes the prohibition of breeding selection for increased aggressiveness or fighting readiness.

(2) Breeding methods and practices which result in, or are likely to result in, birthing difficulties are also considered as ‘inhumane breeding practices’, and are prohibited.

(3) It is prohibited to pass on, sell, offer for sale, purchase, import or export any animal with features resulting from inhumane breeding practices, or likely to contribute to such inhumane breeding practices.

(4) Breeding should take into account positive animal welfare traits, such as, but not limited to, disease resistance, maternal ability, polled animals etc.

(5) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in the context of breeding and production of animals. This would include: restrictions and prohibitions on certain reproduction methods and breeding aims; restrictions and prohibitions on the breeding or production of certain species or breeds of animal and animals with certain characteristics, and here especially abnormalities in physique/body frame and/or behaviour.

Section 16 Keeping of Animals within the Scope of Business Activities

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(1) Keeping (even temporarily) or breeding animals within the scope of business or economic activities falls under the category of activities which require an authorisation in accordance with Section 29. This shall include Commercial Companion Animal Breeders.

This authorisation shall usually be in the form of a license or registration issued by the Competent Authority or their authorised agents.

(2) An application for authorisation must be submitted to the Competent Authority, and be granted before the business or economic activity commences. The application must include, as a minimum

Details of the type of business/economic activity;
The person responsible for the business/economic activity;
Address and details of the premises/establishment;
Numbers and species of animals kept;
Details of enclosures and dimensions, including photographs;
Details of employees and relevant skills/expertise;
Name of veterinarian(s) and relevant expertise/post-graduate training; and
A full explanation of how the provisions of this Act and, explicitly, the welfare needs of the animals will be met.

(3) The business or economic enterprise shall keep available for inspection by the Competent Authority, at all reasonable times, evidence of the numbers and species/breeds of animals kept/bred; the number and names of employees, and proof of their relevant skills/training; and the care regime instituted to protect the welfare of the animals.

(4) Any person or enterprise keeping or breeding animals within the scope of business or economic activity which changes its location shall immediately notify the Competent Authority of its new premises.

(5) If the Competent Authority has any doubts about the ability of the business or economic enterprise to meet the animal welfare needs of the animals in its operations, it shall deny authorisation, or revoke the same if already granted.

(6) The business or economic activity may not be exercised until authorisation has been granted. The Competent Authority shall prohibit anyone not holding an authorisation from exercising the activity.

(7) The Competent Authority may also close business premises or offices to prevent those which are not covered by an authorisation from the Competent Authority (either because this has not been granted or because authorisation has been revoked) from exercising any business or economic activities keeping or breeding animals. In such cases, every effort must be made to find solutions for the relocation or disposal of any remaining animals which maximise the welfare potential of each individual animal. Careful consideration must also be paid to adopt optimum transitional periods for any prohibitions on certain activities, given the need to secure the welfare of any remaining animals.

(8) Keepers or producers of animals for business or economic activities shall only be permitted to purchase or acquire animals from authorised breeders.

(9) Keepers or producers of animals for business or economic activities bear the responsibility for ensuring that any animals no longer suitable for the business or economic activity in question are rehomed or sent to a shelter or sanctuary wherever possible; or disposed of humanely when no other option exists.

(10) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.

Section 17 Sale and Trading of Animals

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(1) Any person, business or economic enterprise selling or transferring the ownership of an animal to another person or enterprise shall provide the person or enterprise taking custody of the animal with relevant information and advice on how to safeguard and protect the animal’s welfare, health and well-being. This shall include (as appropriate), but not be restricted to: how to keep, care for, and handle such animal; preventing unwanted breeding; and the vaccinations and other health requirements recommended for the animal offered for sale; as well as any requirements or restrictions on the keeping or breeding of such animals. Evidence of compliance with this obligation must be retained, and made available for inspection by the Competent Authority on request, at all reasonable times.

(2) The trading or sale of animals as a commercial activity requires an authorisation in accordance with Section 29.

(3) An application for authorisation must be submitted to the Competent Authority, and be granted before the trading or selling activity commences. The application must include, as a minimum

Details of the type of trading or selling activity;
The person responsible for the trading or selling activity;
The species of the animals concerned (and maximum number of animals to be traded or sold);
Address and details of the premises/establishment;
Details of employees and relevant skills/expertise; and
A full explanation of how the provisions of this Act and, explicitly, the welfare needs of the animals will be met.

(4) Any person or enterprise trading or selling animals shall keep available for inspection by the Competent Authority, at all reasonable times, evidence of the numbers and species of all animals purchased/acquired and sold; the origin and/or destination of the animals; the number and names of employees, and proof of each employee’s relevant skills/training; and the care regime instituted to protect the welfare of the animals, including their health status and vaccination history.

(5) Any person or enterprise trading or selling animals who changes its location shall immediately notify the Competent Authority of its new location.

(6) The Competent Authority shall deny authorisation, or revoke the same if already granted, if it has any doubts about the ability of the person or enterprise trading or selling animals to meet the animal’s welfare needs in its operations.

(7) The trading or selling enterprise may not be exercised until authorisation has been granted. The Competent Authority shall prohibit anyone not holding an authorisation from exercising the trading or selling activity.

(8) The Competent Authority may also close business premises or offices to prevent those which are not covered by an authorisation from the Competent Authority (either because this has not been granted or because authorisation has been revoked) from exercising any trading or selling activities involving animals.

(9) Traders and sellers of companion animals shall only be permitted to purchase or acquire animals from commercial companion animal breeders who have been duly authorised by the Competent Authority or its designated agents.

(10) Dogs and cats may not be presented or displayed for sale in pet shops or any other premises of enterprises using animals within their scope of their business or economic activities.

(11) The trade or sale of certain wild animals and/or wildlife products can be restricted or banned by the Competent Authority. Also, whenever trade is covered by CITES provisions, guidelines or restrictions, then these shall be applied.

(12) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.

Section 18 Abandoned, Stray or Lost Animals and Confiscated Animals

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(1) Abandoned, stray or lost animals as well as animals confiscated or taken away by the responsible authorities, or their designated agents, that cannot be returned to the original rightful owner or keeper have to be transferred by the responsible authorities or their designated agents, to a person, institution or organisation appropriately authorised in accordance with Section 29. These persons, institutions or organisations will be custodians for the animal and thus take over all obligations and responsibilities which normally concern the animal’s owner or keeper including all relevant animal welfare requirements according to the subject Act [and any regulations, ‘Welfare Codes’, standards or guidance under the Act].

(2) For carrying out agreed functions associated with (1) above, the authorised animal shelter, person or institution in question will receive appropriate compensation from the Competent Authorities or their designated agents in form of remuneration to be agreed upon between the two parties. This should cover both compensation for services and repayment of any reasonable expenses incurred relating to these services.

(3) Any person finding an abandoned, stray or lost animal has to inform the relevant authorities (for instance: the Police, the Competent Authority or their designated agents directly), who must arrange for the animal to be collected by or delivered to an appropriately authorised person, institution or organisation according to the subject Act for safeguarding if an owner cannot be located immediately.

(4) The Competent Authority is responsible for ensuring that details of any animal found within its territorial jurisdiction is publicised in a manner widely accessible to the public.

(5) Once a stray or lost animal has been collected and delivered to an authorised person, institution or organisation, it can only be handed over to any persons claiming to be the animal’s owner or keeper if there is adequate proof of ownership or custodianship, no liability for abandonment or any breech of animal welfare provisions, and payment has been made for any service charges and expenses incurred. The owner is prohibited from requiring the animal to be euthanised to avoid such costs but instead has the option to transfer ownership to the authorised person, institution or organisation for rehoming.

(6) If there is no substantiated request for handing over made by an animal’s owner or keeper(s) within one month from the date of publication, according to paragraph (4) above, then ownership of the animal may be transferred to new owners, who, after investigation, appear to be capable of taking care of the welfare of the animal.

(7) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context. In any cases where straying is found to be problematic for the authorities or the public, then compulsory identification and registration should be introduced.

Section 19 General and Commercial Transport of Animals

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(1) The transport of an animal, which includes any kind of transfer or relocation of the animal from one place to another as well as the loading and unloading of the animal, has to be undertaken in a careful and considerate way at all times. Also, the length of any journey, and of any delay at any stage of transport, shall be minimised.

(2) Each animal must be provided with sufficient food, water and rest before, during and after the journey, according to their biological and ethological needs.

(3) The method of transport shall be suitable with regard to the welfare and safety of the animal, and the animal’s species-specific and individual character.

(4) It is prohibited to transport an animal in a way that causes pain, injury, death or avoidable suffering, fear or distress to the animal.

(5) It is in particular prohibited to transport

A late pregnant female;
A female during one week after giving birth;
New-born animals – for example, when the navel has not completely healed; or
An animal who is ill, injured, weak, or in general unfit for the journey.

unless the journey is in the welfare interests of the individual animal.

(6) When transporting an animal for commercial purposes, the following additional requirements and conditions have to be observed:

The animal must be healthy and fit for the journey, and certified as such by an official veterinarian appointed by the Competent Authority.
The animal shall have the necessary supervision and care during transportation and loading/unloading.
The means of transport as well as the loading and unloading facilities, procedures and equipment have to be designed, constructed, maintained and operated in a way that the safety and well-being of the animal is guaranteed at any given time, and any pain, injury, suffering, fear or distress avoided.
The animal has to be provided with adequate floor area, space and height as well as with sufficient ventilation and protection against unfavourable weather conditions.
An animal shall only be transported in a vehicle or container that has been inspected and certified by the Competent Authority.
In case of the transport of aquatic animals, this must be carried out in special means of transportation and/or specially-designed containers; and the amount of water available must be sufficient for the number of animals transported, as well as of appropriate quality and temperature, and a satisfactory supply of oxygen ensured.
In the case that the upright position of the container transporting an animal is not evident, the container in question has to bear a sign or marking indicating the said position.
In case it is not obvious from the nature or style of the container that it transports a live animal, the container has to be clearly labelled indicating the fact that it contains an animal, and at the same time identifying the animal species within.
During transport the condition of the animal has to be checked at regular intervals and concurrently it has to be ensured that the animal has sufficient water and food of appropriate quality and suitability for the animal’s species-specific and individual needs. There shall be both specific official ‘staging posts’ (authorised in accordance with Section 29) with official supervision and control, and also random unannounced checks.
Any business which transports animals must be registered and authorised by the Competent Authority in accordance with Section 29. Authorisation may be withdrawn in the event of breaches of this code, or temporarily suspended until infringements have been rectified.
The persons driving vehicles transporting live animals or handling animals during the transport process must have the necessary professional, technical and personal skills, and understanding of animal behaviour, to care for the welfare needs of the animals in their care.
Drivers of livestock vehicles should be trained in necessary driving techniques, and always take extreme care to avoid acceleration, deceleration or turning corners at excessive speed. They should have their licences endorsed with the species of animals they have been trained and certified to transport.
No animal shall be transported commercially without prior approval from the Competent Authority. The Competent Authority shall provide detailed regulations governing live animal transport authorisation procedures. These shall include: the advance submission of route plans (together with required contents and submission periods for advance notifications); and the issue of movement permits based on company registration and driver/handler certification; and veterinary checks of fitness, vehicle compliance, and compliance with feeding/watering/resting requirements.
Journey plans and preparations must include the provision of veterinary attention to deal with any ill or injured animals; and disease control and emergency response measures.
During transportation of an animal, the transporter shall, at all times, carry the permit issued by the Competent Authority and other documents relevant for animal movement issued under this Act. A person shall not transport an animal in any manner other than that certified in the permit.
The Competent Authority shall lay down rules and regulations on establishing the fitness of an animal for transport, maximum journey times, set regular rest intervals as well as feeding and watering times. Every effort should be made to reduce the long distance transport of live animals, particularly for killing/slaughter (with animals being slaughtered locally, and carcasses transported instead of live animals).
International trade, long distance transport and transportation by sea or air shall only be carried out under special licenses/permits from the Competent Authority. Such licenses/permits shall contain additional conditions/requirements, as well as taking necessary measures to protect individual species. Such transport shall be prohibited for species with particular welfare problems during above mentioned transport.

(7) Both the transporter and the owner of the animal (if different) shall be responsible for ensuring compliance with these provisions.

(8) In addition: Authorisation of the Minister responsible, the Ministry or the Competent Authority to adopt any regulations [and establish, as appropriate, ‘Welfare Codes’, standards and guidance] in this context.

Section 20 Humane Killing and Slaughter of Animals

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(1) Without prejudice to the prohibition of killing animals according to Section 9 and notwithstanding Section 7, the killing of an animal has at all times to be carried out in compliance with the subject Act as well as in a humane way and in such a manner that the animal is spared any avoidable pain, suffering, injury, fear or distress.

(2) Without prejudice to the prohibition of killing animals according to Section 9 and notwithstanding Section 7, the deliberate killing of vertebrates is only allowed to be performed by veterinarians or trained and registered, certified, or licensed veterinary assistants under the supervision of a veterinarian. This is not applicable to

Professionally skilled killing of farmed or game animals,
Emergency killing, or
Professional 'pest' control work.

(3) It is prohibited to kill or slaughter any animal without prior and effective anaesthetisation or stunning before death supervenes without the recovery of consciousness (for example, through exsanguination in commercial slaughter); unless animals are killed instantaneously. In cases where stunning or anaesthetisation do not produce immediate unconsciousness, the induction of unconsciousness must be completely non-aversive, and not cause any pain, suffering, injury, fear or distress. When stunning is used to induce unconsciousness before slaughter, the time between stunning and exsanguinations must be kept as short as possible to prevent animals recovering from the stunning before exsanguination.

(4) If in the case of an emergency killing it is not possible to render prior effective anaesthetisation or stunning to the animal, killing or slaughter shall be performed in such a manner that minimises any pain, suffering, injury, fear or distress.

(5) An animal’s life shall not be terminated

By drowning or any other method of suffocation;
By using any poisonous substance or drug, except when administered by a veterinarian or a certified, licensed or registered veterinary assistant under the supervision of a veterinarian;
Using any percussion instrument which does not produce the effect required in sub-section (1) and (3); or
By electrocution, unless preceded by immediate induction of loss of consciousness.

(6) In all cases, the person responsible for terminating the animal’s life shall ensure that the animal is dead before the carcass is manipulated, disposed of or used in any way (such as butchering or skinning).

(7) Only persons who have the necessary professional, technical and personal knowledge and skills (and have received appropriate training) shall perform tasks connected to the killing/slaughter process: animal unloading and movement; accommodation and care of the animal in the lairage and slaughterhouse; and the restraint, stunning and anaesthetisation as well as the humane killing, slaughtering and exsanguination of the animal. The Competent Authority shall establish a system of certification to enable personnel to demonstrate compliance with these requirements.

(8) All slaughterhouses and their installations, equipment and instruments must be designed, constructed, maintained and operated in a way that the well-being of the animal is safeguarded and any pain, injury, suffering, fear or distress avoided as far as possible. All businesses operating and managing slaughterhouses shall be authorised in accordance with Section 29.

(9) No installations, equipment, instruments and substances/preparations for the stunning, killing or restraint of animals shall be used commercially without first obtaining a licence from the Competent Authority according to Section 29.

(10) The Competent Authority may wish to add a provision here to set out any desired restrictions or conditions concerning home killing/slaughter for personal consumption. If this is the case, then the need to comply with general conditions for humane killing/slaughter need to be stipulated, including the requirement to spare the animal avoidable pain, distress or suffering during the process.

(11) Ritual/religious slaughter: The Competent Authority may decide to completely prohibit ritual/religious slaughter, or to restrict this significantly – only allowing this in especially established and authorised slaughterhouses and solely designated for the consumption of the relevant religious community. Here, consideration could be given to specifying which religious grouping should be entitled to these exemptions, and explicitly limiting quantities according to the size of the individual community. In any case where ritual/religious slaughter is permitted, then it should be well controlled, and clear labelling made compulsory. If permitted on this basis, then the Competent Authority would need to establish further detailed conditions and requirements.
If a decision is taken to prohibit ritual/religious slaughter, then relevant constitutional provisions (for example, regarding religious freedoms) would need to be examined, and consideration given as to whether a constitutional amendment is necessary to accommodate this approach.

Section 21 Principles of Animal Training

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(1) Notwithstanding Section 7, the training of any animal for sports, performance, or exhibition has to be accomplished in compliance with the subject Act, as well as in a humane way, using only positive reinforcement and natural behavioural traits as opposed to negative reinforcement or punishment, and in such a manner that the animal is spared any avoidable pain, suffering, injury, fear or distress.

(2) No person or business shall exhibit or train any animal for commercial competitive or public sports, performances or exhibitions; unless he/she is registered and authorised in accordance with Section 29. See Explanatory Notes

(3) The Competent Authority shall prohibit [or restrict] the training of certain species of animals or the training of animals for certain types of sports, performances or exhibition, if this could impair the welfare of the animals.

(4) The Competent Authority shall prohibit [or restrict] the use of any substances or drugs to enhance an animal’s performance or modify its behaviour or temperament for sports, performance or exhibition purposes.

(5) The Competent Authority shall prohibit [or restrict] the use of certain technical training devices, aids or tools which could impair the welfare of animals trained for sports, performance or exhibition.

(6) A person shall not use a live animal as lure or bait to train a dog or any other animal, or to test his or her aggressiveness.

(7) The Competent Authority shall carry out unannounced inspection visits to ensure that any animal training complies with the requirements of this Act and any regulations [and, as appropriate, ‘Welfare Codes’, standards and guidance] made under it.

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