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Federal Act on the Protection of Animals (Animal Protection Act)
Table of contents
Chapter 1
General provisions
§ 1: Objectives
§ 2: Support of animal protection
§ 3: Scope of application
§ 4: Definitions
§ 5: Prohibition of cruelty to animals
§ 6: Prohibition of killing animals
§ 7: Prohibited interventions performed on animals
§ 8: Prohibition of transferring possession of, selling and purchasing certain
animals
§ 8a.Prohibition of selling animals
§ 9: Obligation to grant first aid
§ 10: Animal experiments
§ 11: Animal transportation
Chapter 2
Keeping animals
Section 1
General provisions
§ 12: Qualifications of the keeper
§ 13: Principles governing the keeping of animals
§ 14: Persons in charge of care
§ 15: Care in case of illness or injury
§ 16: Freedom of movement
§ 17: Feeding and watering
§ 18: Building design and keeping facilities
§ 19: Animals not kept in buildings
§ 20: Inspections
§ 21: Record keeping
§ 22: Breeding methods
§ 23: Approvals
Section 2
Special provisions
§ 24: Animal keeping regulation
§ 24a. Marking and registering of dogs
§ 25: Wild animals
§ 26: Keeping animals in zoos
§ 27: Keeping animals in a circus, variety show and similar facilities
§ 28: Using animals for other events
§ 29: Animal shelters
§ 30: Runaway, abandoned or left behind animals as well as animals confiscated
or taken away by the authority
§ 31: Keeping animals within the scope of business activities or for the purpose
of breeding and sale
§ 32: Slaughtering or killing
Chapter 3
Execution
§ 33: Authorities
§ 34: Assistance of executive officers or bodies of public security
§ 35: Supervision by authorities
§ 36: Entering properties, premises and means of transportation
§ 37: Coercive force
Chapter 4
Penal and final provisions
§ 38: Penal provisions
§ 39: Prohibited cases of keeping animals
§ 40: Forfeiture
§ 41: Animal protection ombudsman
§ 41a: Animal Protection Commission, animal protection work plan and animal
protection report
§ 42: Animal Protection Council
§ 42a: Executive Advisory Council
§ 43: References, person-related references
§ 44: Entry into force and transitional provisions
§ 45: Preparation of the execution
§ 46: Notice for implementation
§ 47: Notification
§ 48: Execution clause
Chapter 1
General provisions
Objectives
§ 1. This Federal Act aims at the protection of the life and well-being of animals based on man’s special responsibility for the animal as a fellow creature.
Support of animal protection
§ 2. The federal, provincial and municipal authorities are obligated to create and deepen understanding for animal protection on the part of the public and in particular on the part of youth and, to the extent possible within their budgets, to promote and support animal-friendly keeping systems, scientific animal protection research as well as any matters of animal protection. Scope of application
§ 3. (1) This Federal Act shall apply to all animals.
(2) § 7 through § 11 and Chapter 2, with the exception of § 32, shall apply only to vertebrates, cephalopods and decapods.
(3) This Federal Act does not affect provisions of other federal acts for the protection of animals, in particular
1. | the Animal Experiments Act, Federal Law Gazette No. 501/1989, | |||||||||
2. | the Animal Transportation Act, Federal Law Gazette I No. 54/2007, | |||||||||
in their up-to-date versions. | ||||||||||
(4) This Federal Act shall not apply to hunting and fishing. The following are not considered to be matters of hunting and fishing:
1. | keeping and training animals used for the support of hunting or fishing, | |||||||||
2. | keeping animals in enclosures for purposes other than hunting, | |||||||||
3. | keeping fish for purposes other than fishing. | |||||||||
Definitions | ||||||||||
§ 4. For purposes of this Federal Act, the following terms shall have the meaning as hereinafter specified:
1. | Keeper: any person responsible for an animal whether on a permanent or temporary basis or having an animal in care; | |||||||||
2. | Domestic animals: domesticated animals of the genera cattle, pig, sheep, goat and horse, always with the exception of exotic species, as well as Old World and New World camels, water buffaloes, domestic rabbits, domestic dogs, domestic cats, domestic poultry and domesticated fish; | |||||||||
3. | Pets: animals kept within a household as companions or because of interest in the animal, as far as domestic or domesticated animals of the orders of carnivores, rodents, lagomorphs, parrots, finches (fringillidae) and pigeonlike birds (columbiformes), as well as the class of fish are concerned; | |||||||||
4. | Wild animals: all animals except domestic animals and pets; | |||||||||
5. | Hoofed game: red deer, fallow deer, sika nippon deer, Pere David's | |||||||||
deer (milu), mouflon and wild boar; | ||||||||||
6. | Animals kept for farming purposes: all domestic or wild animals kept for the production of animal products (e.g. food, wool, skin, furs, leather) or other agricultural or for-estry purposes; | |||||||||
7. | Fodder animals: fish, domestic poultry up to an age of four weeks, as well as mice, rats, hamsters, cavies and rabbits held or killed for purposes of using them as fodder; | |||||||||
8. | Intervention: a measure resulting in damage to or the loss of a sensitive part of the body or the alteration of the bone structure; | |||||||||
9. | Animal shelter: a non-profit institution, including an animal haven or animal sanctuary, offering to keep abandoned or stray animals; | |||||||||
10. | Zoos: permanent establishments where wild animals are kept for exhibition to the public for 7 or more days a year, with the exception of circuses and pet shops; | |||||||||
11. | Circus: an institution offering performances in particular in the field of artistic horsemanship or training animals for performances, which may include acrobatic perform-ances, serious and funny shows, pantomimes as well as dance and music numbers; | |||||||||
12. | Variety show: an institution offering performances aiming mainly at entertainment in which spoken or musical performances alternate with programme features such as artistic performances, stunts, short farces, Singspiel, burlesque or scenes; | |||||||||
13. | Slaughtering: the killing of an animal by extraction of blood and consequent disembowelling (evisceration) for purposes of meat production; | |||||||||
14. | Breeding: the reproduction of animals controlled by humans by keeping together sexually mature animals of different sexes, systematic mating or raising a specific animal for servicing or by applying other techniques of reproductive medicine. | |||||||||
Prohibition of cruelty to animals | ||||||||||
§ 5. (1) It is prohibited to inflict unjustified pain, suffering or injury on an animal or expose it to extreme anxiety.
(2) Para 1 is violated in particular if a person
1. | breeds animals where it can be foreseen that the animals or their descendants will suffer from pain, suffering, injury or anxiety (cruel breeding practices) so that, as a conse-quence, in connection with genetic anomalies in particular, at least one of the following clinical symptoms will arise not just temporarily in the descendants and will have material effects on their health or materially impair physiological life processes or cause an increased risk of injury: | |||||||||
a) | dyspnoea, | |||||||||
b) | movement anomalies, | |||||||||
c) | lameness, | |||||||||
d) | inflammation of the skin, | |||||||||
e) | hairlessness, | |||||||||
f) | inflammations of the lid conjunctiva and/or cornea, | |||||||||
g) | blindness, | |||||||||
h) | exophthalmos, | |||||||||
i) | deafness, | |||||||||
j) | neurological symptoms, | |||||||||
k) | deformities of the teeth, | |||||||||
l) | deformities of the skullcap, | |||||||||
m) | body shapes where it must be assumed with high probability that | |||||||||
natural births will not be possible, | ||||||||||
or imports, acquires, transfers possession of or exhibits animals with features resulting from cruel breeding practices; | ||||||||||
2. | increases aggressiveness and fighting readiness of animals by onesided breeding selection or other methods; | |||||||||
3. a) | uses spike collars, coral type pronged collars, or animal training devices using electricity or chemical substances, or | |||||||||
b) | uses technical equipment, devices or auxiliary means aiming at influencing animal behaviour by severe approach or punishment incentives; | |||||||||
4. | sets animals on other animals or trains them to be aggressive towards another animal; | |||||||||
5. | organizes or performs animal fights; | |||||||||
6. | organizes dog races on asphalt or other hard-covered terrain; | |||||||||
7. | administers stimulants or doping substances to an animal in order to | |||||||||
increase its performance, in particular during sports competitions or similar events; | ||||||||||
8. | uses an animal for film shots, advertising, exhibition or similar purposes or events if this is involved with pain, suffering, injury or extreme anxiety for the animal; | |||||||||
9. | demands from an animal any performance obviously involved with pain, suffering, injury or extreme anxiety for the animal; | |||||||||
10. | exposes an animal to temperatures, weather conditions, lack of oxygen or restriction of free movement inflicting pain, suffering, injury or extreme anxiety on the animal; | |||||||||
11. | offers an animal food or substances the ingestion of which is obvious to involve pain, suffering, injury or extreme anxiety for the animal; | |||||||||
12. | forces the animal to ingest food or substances, as long as this is not necessary for reasons of veterinary medicine; | |||||||||
13. | is negligent with regard to accommodation, feeding and care of an animal he keeps, in a way to involve pain, suffering or injury for the animal or to put it in a state of ex-treme anxiety; | |||||||||
14. | abandons or leaves a domestic or pet animal or a not indigenous wild animal kept by him, in order to get rid of it; | |||||||||
15. | severs limbs from live animals; | |||||||||
16. | uses catching devices in a way not catching unharmed or not killing | |||||||||
immediately; | ||||||||||
17. | performs a sexual act on or with an animal. | |||||||||
(3) Not considered to be infractions of para 1 are
1. | measures necessary on grounds of veterinary medicine or otherwise taken for the well-being of the animal, | |||||||||
2. | measures taken in compliance with regulations of veterinary law, | |||||||||
3. | measures indispensable for professional pest control or for the | |||||||||
control of epidemics, | ||||||||||
4. | training measures for police dogs and dogs of the Austrian Armed Forces for which coral type pronged collars are used by specially trained persons, maintaining the princi-ple of adequacy. A coral collar is understood to be a collar consisting of metal links with laryngeal protection, equipped with rounded metal pins protruding at an angle and of at least 3,5 mm diameter. | |||||||||
(4) The placing on the market, acquisition and possession of objects which are not allowed to be used according to para 2 subpara 3a is prohibited. Excepted from this provision are the acquisition and possession of coral collars for the purposes named in para 3 subpara 4.
(5) The Federal Minister of Health shall, by regulation, determine details of training measures for police dogs in agreement with the Federal Minister of the Interior and for dogs of the Austrian Armed Forces in agreement with the Federal Minister of Defence and Sports.
Prohibition of killing animals
§ 6. (1) It is prohibited to kill animals without proper reason.
(2) It is prohibited to kill dogs or cats for the purpose of manufacturing food or other products.
(3) The killing of animals for educational, training or advanced training purposes is only allowed to be performed in scientific institutions and only admissible to the extent that it is indispensable for reaching a particular objective, provided that it cannot be replaced by alternative methods.
(4) Without prejudice to the prohibitions under paras 1 and 2, deliberate killing of vertebrates, is only allowed to be performed by veterinarians. This is not applicable
1. | to professionally skilled killing of animals kept for farming purposes or fodder animals (§ 32), | |||||||||
2. | for professionally skilled killing of animals within the scope of education, training and advanced training in accordance with para 3, | |||||||||
3. | for professionally skilled pest control, | |||||||||
4. | in cases requiring an animal to be killed without delay in order to | |||||||||
keep it from suffering irremediable torments. | ||||||||||
Prohibited interventions performed on animals | ||||||||||
§ 7. (1) Interventions carried out for other than therapeutic or diagnostic purposes or for the expert marking of animals in accordance with legal regulations applicable, are pro-hibited, in particular
1. | operations aiming at changing the phenotypic appearance of an animal, | |||||||||
2. | the docking of tails, | |||||||||
3. | the cropping of ears, | |||||||||
4. | devocalisation, | |||||||||
5. | declawing and defanging, | |||||||||
6. | the trimming of beaks. | |||||||||
(2) Exceptions to these prohibitions shall be permitted only
1. | to prevent reproduction or | |||||||||
2. | if the intervention is indispensable for the intended use of the | |||||||||
animal, for its protection or for the protection of other animals; such interventions shall be defined in the regu-lation according to § 24 para 1 subpara 1. | ||||||||||
(3) Unless not provided otherwise by regulation in accordance with § 24 para 1 subpara 1, interventions in which an animal will or is likely to experience severe pain shall be carried out only by a veterinarian and only after effective anaesthesia and with postoperative treatment of pain. Interventions for which no anaesthesia is required may also be carried out by any other person with expert knowledge. The type and proof of expert knowledge shall be regulated in the regulation in accordance with § 24 para 1 subpara 1.
(4) The use of rubber rings, cauterisation sticks and cauterisation lotions is prohibited.
(5) Exhibiting dogs born after 1st January 2008 on whose body parts interventions prohibited in Austria have been performed is prohibited. Knowingly transporting dogs born in Austria to foreign countries for the purpose of performing interventions prohibited in Austria is prohibited. Prohibition of transferring possession of, selling and purchasing certain animals
§ 8. It is forbidden to transfer possession of, sell or purchase an animal, for which continuing to live would be connected with irremediable torments, for any other purpose but for immediate painless killing. Purchaser shall kill or have killed such animal immediately in a pain free manner. Prohibition of selling animals
§ 8a. (1) Offering for sale and selling animals in publicly accessible areas, unless this is done in the context of an event in accordance with § 28, and the itinerant offering ani-mals for sale is prohibited.
(2) Publicly offering animals for sale shall be permitted only in the context of keeping animals in the scope of business activities as authorized in accordance with § 31 para 1 or by breeders registered in accordance with § 31 para 4. Obligation to grant first aid
§ 9. Who has recognisably hurt or jeopardized an animal shall, to the extent he can reasonably be expected to do so, grant the necessary first aid to the animal, or, if this is not possible, arrange for such first aid. Animal experiments
§ 10. To animal experiments (§ 2 of the Animal Experiments Act, Federal Law Gazette No. 501/1989) regarding matters which under the Federal Constitutional Law are to be implemented on provincial level, the Animal Experiments Act shall apply accordingly, with the proviso that the Provincial Government shall replace the Provincial Governor and an appeal to a Federal Minister is excluded. Animal transportation
§ 11. (1) To the extent that transports, including loading and unloading, is not subject to the provisions of Regulation (EC) No. 1/2005 on the protection of animals during trans-port and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No. 1255/97, OJ No. L 3, p. 1, or to the Animal Transportation Act 2007, Federal Law Gazette I No. 54/2007, Art. 3 and Annex I Chapters I, II and III of Regulation (EC) No. 1/2005 shall apply accordingly. When transporting water animals, care shall be taken that the water volume is sufficient for the number of animals transported, an increase in the temperature and a decrease of the oxygen content of the water is avoided and the animals are not fed.
(2) If the upright position of the container transporting an animal is not obvious, the container shall bear a mark indicating such position. If the appearance of the transportation container does not make it obvious that it transports an animal, the container shall bear a mark indicating which animal it contains.
(3) In consideration of the objectives and the other general provisions of this Federal Act as well as the recognized state of scientific knowledge, the Federal Minister of Health may, in respect of animals kept for farming purposes in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, issue a regulation con-taining detailed provisions regarding the size and characteristics of and equipment for transport containers, means of transport, equipment to be used for loading and unloading as well as regarding the treatment of animals during transportation.
Chapter 2
Keeping animals
Section 1
General provisions
Qualifications of the keeper
§ 12. (1) Everybody capable of complying with the provisions of this Federal Act and the regulations based on it and in particular also in possession of the necessary knowledge and capabilities, is authorized to keep animals.
(2) If the keeper of an animal is not able to provide for keeping an animal in accordance with this Federal Act, he shall pass it on to such associations, institutions or persons who are able to provide for keeping the animal in compliance with the provisions of this Federal Act.
(3) Minors of less than 14 years of age are not allowed to obtain animals without the consent of their legal guardian.
Principles governing the keeping of animals
§ 13. (1) No animal shall be kept unless it can reasonably be expected, on the basis of its genotype or phenotype, that it can be kept according to the recognized state of scien-tific knowledge without detrimental effect on its well-being.
(2) Who keeps any animals shall ensure that the space, freedom of movement, condition of the ground, structural equipment of buildings and facilities in which they are kept, the climate, in particular light and temperature, care and food, as well as the possibility for social contacts in consideration of the species, age and degree of development, adaptation and domestication of animals corresponds to their physiologic and ethologic needs.
(3) Animals are to be kept in a way that their physical functions and their behaviour are not disturbed and their ability to adapt is not overstrained. Persons in charge of care
§ 14. A sufficient number of persons in charge of care possessing the appropriate ability, knowledge and professional skills shall be available for the care of the animals. In the regulations according to § 11, § 24, § 25, § 26, § 27, § 28, § 29 und § 31 the type and extent as well as the proof of the expert knowledge required shall be laid down in consideration of the objectives and other provisions of this Federal Act and the regulations based on it. Care in case of illness or injury
§ 15. Any animal which appears to be ill or injured must be cared for appropriately without delay and, whenever required, veterinary advice must be sought. Animals fallen ill or injured shall be accommodated in accordance with such special needs and, if required, in separate accommodations. Freedom of movement
§ 16. (1) The freedom of movement of an animal must not be restricted in any way as to inflict any unnecessary pain, suffering or injury or extreme anxiety.
(2) The animal must have such space available adequately corresponding to its physiologic and ethologic needs.
(3) It is prohibited to keep animals permanently tethered.
(4) Cattle shall be given suitable facilities for moving around or suitable running and grazing area for a minimum of 90 days in a year, unless opposed by contradicting stringent legal or technical reasons. In agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, the Federal Minister of Health shall determine by regulation which circumstances are to be considered to be stringent legal or technical reasons.
(5) Dogs must in no case, not even temporarily, be kept tied to a chain or tethered in any other way.
(6) Wild animals must not be kept tethered, not even temporarily. The training of raptor birds for falconry remains unaffected.
Feeding and watering
§ 17. (1) Type, characteristics, quality and quantity of fodder must be adequate for the species, age and need of the animals. The fodder must be of a characteristics and compo-sition that the animals can satisfy their nutritional need corresponding to the need for activity their species associates with feeding.
(2) The way of feeding the animals shall take into account their need with regard to feeding behaviour and rhythm.
(3) The animals must have access to sufficient quantity of water of suitable quality corresponding to their need.
(4) They must be given fodder and water in hygienically proper form.
(5) Feeding and watering facilities shall be kept clean and equipped in a way that feeding and drinking is possible in accordance with what is usual for their species. They must be located and operated in a way enabling all animals to cover their need.
Building design and keeping facilities
§ 18. (1) Materials used for the building design of accommodations and keeping facilities with which the animals may come into contact must not be dangerous for the animals and must be able to be cleaned properly.
(2) Accommodations and facilities for tethering or caging animals shall be built and maintained in a way that there are no sharp edges or protrusions likely to cause injury to the animals.
(3) The following shall apply to cages and other systems for keeping laying hens:
1. | Cages in accordance with Art. 5 of Directive 1999/74/EC laying down minimum standards for the protection of laying hens, OJ No. L 203 of 3rd August 1999, p. 53, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of 16th May 2003, p.1: | |||||||||
a) | Their building or bringing into service is prohibited. | |||||||||
b) | The operation of cages built before 1st January 2003 is permitted | |||||||||
until expiry of 31st December 2008. Operators can be offered financial incentives for changing to an-other system of keeping the animals. | ||||||||||
2. | Cages in accordance with Art. 6 of Directive 1999/74/EC: | |||||||||
a) | Their building or bringing into service is prohibited as of 1st | |||||||||
January 2005. | ||||||||||
b) | The operation of cages built before 1st January 2005 is permitted until the expiry of 15 years to be counted from the initial taking into operation. | |||||||||
3. | Keeping systems exceeding the requirements under Art. 6 of Directive 1999/74/EC and not complying with the requirements under Art. 4 of the abovementioned Directive, but being an improvement to existing keeping systems according to § 13 and § 24 may only be placed on the market and used if such improvement as compared to existing keeping systems has been confirmed in an expert opinion by the Agency referred to in para 6. | |||||||||
(3a) The following shall apply to keeping rabbits for meat production:
1. | The operation of cages is prohibited from 1st January 2012. | |||||||||
2. | The requirements on improved pen systems regarding elevated areas | |||||||||
and nest chambers as well as the conditions of the floor shall be specified in the regulation referred to in § 24 para 1 subpara 1. | ||||||||||
(4) Animals must neither be kept in permanent darkness nor without an appropriate period of rest from artificial lighting. This is not applicable for breeding chicken. Where the natural light available is insufficient to meet the needs of the animals, appropriate artificial lighting must be provided. In doing so, special emphasis shall be laid on the resting and activity rhythm of animals.
(5) Air circulation, dust levels, temperature, relative air humidity and gas concentrations - for water animals the temperature, pollution concentration and oxygen content of the water - must be kept within limits which are not harmful to the animals. Where the health and well-being of the animals is dependent on an artificial ventilation system, provision must be made for an appropriate backup system to guarantee sufficient air renewal to preserve the health and well-being of the animals in the event of failure of the system, and an alarm system must be provided giving warning of breakdown. The alarm system must be tested regularly.
(6) To increase legal certainty for animal keepers and to facilitate implementation of this Act, the Federal Minister of Health shall establish an Agency for Animal Welfare and Animal Protection (hereinafter named: the Agency) to evaluate new types of mass-produced housing systems and new types of technical equipment for keeping animals as well as new types of mass-produced keeping systems and stable facilities as well as pet accommodations and pet accessories. The Agency is authorized to use the federal coat of arms and award an animal protection label in the case of para 8. The Federal Minister of Health shall specify by regulation, in respect of animals kept for farming purposes in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, detailed provisions on the establishment of the Agency, the conduct of evaluations, the design of an animal protection label and the costs of using the services of the Agency.
(7) New types of mass-produced housing systems and new types of technical equipment for keeping animals may only be placed on the market and used for keeping animals if the first person to place such new types on the market can prove that his product complies with the provisions of this Federal Act and the regulations based on it or, as a new type of a product, can be considered as equivalent according to the recognized state of scientific and technical knowledge. This shall be deemed proved if it is confirmed in an expert opinion by the Agency referred to in para 6.
(8) Distributors of new types of mass-produced keeping systems and stable facilities as well as pet accommodations and pet accessories may mark their products as complying with the Animal Protection Act by means of an animal protection label if compliance has been confirmed in an expert opinion by the Agency referred to in para 6.
(9) If a more extensive practical examination is required for the evaluation and the preparation of the expert opinion, the applicant shall arrange for such an examination. The Federal Minister of Health shall specify by regulation, in respect of animals kept for farming purposes in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, detailed requirements on the bodies conducting examinations and detailed provisions on the conduct of the examinations.
(10) If the product has already been examined for compliance with animal welfare requirements in another country and relevant documents are available, such documents shall be submitted to the Austrian Agency and confirmed by the Agency if the examinations are based on requirements comparable to Austrian requirements.
(11) During the examination of new types of mass-produced housing systems and new types of technical equipment for keeping animals, facilities and installations not allowed under the Animal Protection Act may be used to the extent this is required for the examination in individual cases and it is ensured that the animals are monitored accordingly and the examination will be discontinued if the well-being of the animals is impaired. Animals not kept in buildings
§ 19. Animals temporarily or permanently not kept in buildings shall where necessary and possible be given protection from adverse weather conditions, predators and other risks to their well-being.
Inspections
§ 20. (1) All animals kept in keeping systems in which their welfare depends on regular human care shall be inspected on a regular basis, in the cases of agricultural animal hus-bandries and the keeping of animals in accordance with § 25 para 1 second sentence and para 4, § 26, § 27, § 29 and § 31 at least once a day.
(2) Animals bred or kept in other systems shall be inspected at intervals sufficient to possibly avoid any pain, suffering, injuries or extreme anxiety.
(3) Adequate lighting (fixed or portable) shall be available to enable the animals to be thoroughly inspected at any time, to the extent this is indispensable for the care and obser-vation of the animals, in any case in the case of keeping animals for farming purposes.
(4) All automated or mechanical installations and devices essential for the well-being of the animals must be inspected on a regular basis, in the cases of agricultural animal husbandries and the keeping of animals in accordance with § 25 para 1 second sentence and para 4, § 26, § 27, § 29 and § 31 at least once a day. Defects discovered must be reme-died immediately; if this is impossible, appropriate steps must be taken to safeguard the well-being of the animals. Record keeping
§ 21. (1) The keeper of the animals shall maintain records on all medical treatments and, in the case of mammals, birds or reptiles, on the number of dead animals, provided that he maintains an agricultural animal husbandry or keeps animals in accordance with § 6 para 3, § 25 para 1 second sentence and para 4, § 26, § 27, § 29 and § 31.
(2) Unless federal legislation provides for any longer terms, these records shall be retained for a period of at least five years and shall be made available to the authority on occa-sion of any inspection or when otherwise requested.
Breeding methods
§ 22. (1) Natural or artificial breeding or breeding methods which negatively affect the well-being of animals for a longer period of time or permanently are prohibited.
(2) This provision does not exclude the application of procedures causing only slight or temporary negative effects on the animals’ well-being. In consideration of the objectives and other provisions of this Federal Act as well as of the recognized state of scientific knowledge, the Federal Minister of Health is authorized to issue, in respect of animals kept for farming purposes in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, a regulation stipulating which methods and procedures of breeding animals are definitely prohibited.
Approvals
§ 23. Unless provided otherwise, the following provisions shall apply to approvals:
1. | The authority shall grant approvals only upon application. Territorial jurisdiction shall lie with the authority in whose administrative district the keeping, participation or use of animals subject to approval takes place or is intended to take place. | |||||||||
2. | Such approval shall be granted if the keeping of animals applied for complies with the provisions of this Federal Act and the regulations issued on its basis as well as with the recognized state of scientific knowledge and is not in contradiction with any prohibition regarding the keeping of animals. | |||||||||
3. | In the case of necessity approvals can also be granted for a limited period of time or with certain obligations or conditions imposed. | |||||||||
4. | An approval granted for a limited period of time shall be extended upon application of the person to whom such approval had been given if such application is submitted before expiry of the term and the conditions for granting the approval continue to be in existence. In the case of necessity the conditions or obligations (subpara 3) are to be modified. | |||||||||
5. | If the authority finds that the animals are not kept any more in accordance with the prerequisites for the approval or the conditions or obligations prescribed are not complied with, it can impose by decree the measures necessary in order to comply with the legal condition required and may warn the holder of the approval that such approval may be withdrawn. If the holder of the approval does not comply with the obligations stipulated in the decree within the time stated, the authority shall withdraw the approval. The animals involved shall be taken away from him and offered to such associations, institutions or persons who warrant that the animals will be kept in accordance with the provisions of this Federal Act. | |||||||||
Section 2 | ||||||||||
Special provisions | ||||||||||
Animal keeping regulation | ||||||||||
§ 24. (1) In consideration of the objectives and other provisions of this Federal Act as well as of the recognized state of scientific knowledge and economic effects, the Federal Minister of Health, in respect of animals according to para 1 in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, shall adopt with regard to the keeping
1. | of horses and other equids, pigs, cattle, sheep, goats, hoofed game, lamas, rabbits, domestic poultry, ostriches and farmed fish, as well as | |||||||||
2. | other vertebrates | |||||||||
by regulation the minimum requirements for the conditions under which to keep animals as stated in § 13 para 2 and, if required, provisions with regard to admissible interventions and other requirements concerning the keeping of animals. | ||||||||||
(2) For animal species for which an approval is required to be allowed to keep them, which however is not governed by a regulation, the authority shall, on occasion of an appli-cation (§ 23 para 1), obtain an opinion of the Animal Protection Council (§ 42) on the minimum requirements to be complied with on the basis of the recognized state of scientific knowledge. After consulting the Executive Advisory Council, the Federal Minister of Health shall publish the opinion of the Animal Protection Council in the Official Veterinary News (AVN). The authority need not obtain any opinion of the Animal Protection Council in case such a publication exists already.
(3) The Federal Minister of Health may specify by regulation detailed provisions on the training and behavioural training of dogs, in consideration of the objectives and the other provisions of this Federal Act as well as of the recognized state of scientific knowledge.
Marking and registering of dogs
§ 24a. (1) For the purpose of returning runaway, abandoned or left behind dogs to their keepers, the Federal Minister of Health shall make available a crossprovincial database for the registration and management of the data referred to in para 2 in the context of supraregional cooperation. For that purpose, the Federal Minister may use existing electronic registers. The Federal Minister of Health shall be the controller in accordance with § 4 subpara 4 of the Data Protection Act 2000.
(2) For the purpose of returning runaway, abandoned or left behind dogs to their keepers, the following data (master data) is to be registered and recorded in accordance with paras 4 and 6:
1. | personal data of the keeper and, if the keeper is not identical with the owner, also of the owner: | |||||||||
a) | name, | |||||||||
b) | type and number of an official photo identification document, | |||||||||
c) | address for service, | |||||||||
d) | contact details, | |||||||||
e) | date of birth (at least the year), | |||||||||
f) | date of commencement of keeping the dog, | |||||||||
g) | date of transferring possession of the dog and new keeper (name and number of an official photo identification document), or of the death of the animal, | |||||||||
2. | animal-related data: | |||||||||
a) | breed, | |||||||||
b) | sex, | |||||||||
c) | date of birth, | |||||||||
d) | marking number (microchip number), | |||||||||
e) | in the case of a dog on whose body parts interventions have been | |||||||||
performed for reasons of veterinary medicine, details of the exact reason and the veterinarian who per-formed the intervention, or details of other reasons (e.g. confiscation), | ||||||||||
f) | country of birth, | |||||||||
g) | optional: number of a pet passport, if any, | |||||||||
h) | optional: date of the last rabies vaccination, stating the vaccine, | |||||||||
if available. | ||||||||||
(3) All dogs kept on federal territory shall be marked by a veterinarian by means of a number-coded electronically readable microchip at the cost of the keeper. Puppies shall be marked in that manner no later than at the age of three months, but in any event before possession of them is transferred for the first time. Dogs imported into federal territory shall be marked in accordance with provisions of veterinary law. Marking in accordance with the first sentence may be omitted if the dog has already been marked with a functioning microchip.
(4) Every keeper of a dog in accordance with para 3 shall be obligated to register his animal within one month after marking, entry into Austria or acquisition, but in any event before possession of the dog is transferred, by stating the data referred to in para 2 subpara 1 and subparas 2a through 2f. Furthermore, the data referred to in para 2 subparas 2g and 2h may be registered. The data shall be registered through an electronic portal:
1. | by the keeper himself, or | |||||||||
2. | by the authority after the keeper has registered the data with the | |||||||||
authority, or | ||||||||||
3. | on behalf of the keeper by the self-employed veterinarian who has marked or vaccinated the dog, or by another registration agency. | |||||||||
(5) Each set of master data shall be assigned a registration number. The database shall communicate such number to the person entering the data, which shall be deemed a con-firmation of the successfully completed registration. If an authority or a self-employed veterinarian on behalf of the keeper of the animal or another registration agency enters the data, they shall communicate the registration number to the keeper.
(6) Any change shall be registered by the keeper or owner in the manner provided for in para 4 subparas 1 through 3 and shall be entered into the database. If a change of keeper or owner is registered and entered, the database shall assign a new registration number. If the death of an animal is not duly registered, the entire set of master data shall be automati-cally deleted from the register 20 years after the date of birth of the dog.
(7) Every keeper and owner is authorized to retrieve and, in the cases of para 6, change the data entered by them. The authority referred to in § 33 para 1 of the Animal Protec-tion Act or the veterinary authority and the persons or agencies referred to in para 4 subpara 3 are authorized, to the extent this is required to fulfil the duties in accordance with this Federal Act or other provisions under veterinary law, to inspect the register free of charge and make entries. The Federal Minister of Health is authorized to allow executive officers or bodies of territorial authorities, upon their request, to submit queries to the animal protection database free of charge so that they are able to obtain the data sets to the extent this is required to fulfil a duty assigned by law.
Wild animals
§ 25. (1) Wild animals which – possibly with respect to climate, nourishment, need for free movement or social behaviour – pose particular requirements for their keeping, may only be kept in compliance with the prerequisites imposed on the basis of a report on the keeping of a wild animal to be made to the authority within two weeks. Hoofed game kept in enclosures for the sole purpose of meat production may, when complying with the prerequisites imposed, also be kept only on the basis of a report to the authority regarding the animals kept. Such report shall contain the name and address of the keeper, the number and maximum number of animals kept, the place where kept and further information enabling the authority to judge the matter; further details with regard to enclosures for keeping hoofed game exclusively for the production of meat shall be determined by regulation of the Federal Minister of Health in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management.
(2) A report in accordance with para 1 is not required for:
1. | facilities subject to the Animal Experiments Act, Federal Law Gazette No. 501/1989, | |||||||||
2. | zoos, | |||||||||
3. | animal shelters, | |||||||||
4. | keeping animals within the scope of business activities. | |||||||||
(3) The Federal Minister of Health shall designate by regulation, taking into consideration the objectives and other provisions of this Federal Act as well as the recognized state of scientific knowledge
1. | such wild animals which pose special requirements in case of being kept and | |||||||||
2. | prohibit the keeping of certain species of wild animals for reasons of animal protection. Such a prohibition shall not apply to zoos holding an approval in accordance with § 26 and scientific institutions who reported their wild animals kept in accordance with para 1. | |||||||||
(4) For the keeping of wild animals posing no particular requirements for keeping and care and used in business facilities, para 1 applies correspondingly.
(5) It is prohibited to keep animals for obtaining furs. Keeping animals in zoos
§ 26. (1) Keeping animals in zoos requires an approval according to § 23.
(2) More detailed provisions on minimum requirements for zoos regarding furnishing, care of animals, operation, education of the persons employed in keeping animals of which proof is to be submitted, as well as on obligations to be complied with by zoos, with the exception of establishments not exhibiting any substantial number of animals or spe-cies or which are not important for the protection of wild animals or conservation of biodiversity (conservation of species, public education, scientific research), shall be determined by regulation of the Federal Minister of Health, taking into consideration the objectives and other provisions of this Federal Act as well as the recognized state of scientific knowl-edge and the needs of the animal species kept.
(3) If the zoo is wholly or partially closed down, the authority shall, in case the owner of the animals is not able to ensure a keeping in compliance with this Federal Act, resolve that the animals involved be handed over to such associations, institutions or persons warranting a state of keeping complying with this Federal Act, or, if to be kept abroad, equiva-lent to it. If none of the above is possible, the animals can be killed by a painless method. Keeping animals in a circus, variety show and similar facilities
§ 27. (1) Species of wild animals are not allowed to be kept in circuses, variety show institutions and similar facilities.
(2) The Federal Minister of Health shall designate by regulation, taking into consideration the objectives and other provisions of this Federal Act as well as the recognized state of scientific knowledge, the prerequisites and minimum requirements for animals kept and participating in performances of circuses and similar facilities, as well as for the required expert knowledge of the persons in charge of care.
(3) Animals held and participating in performances of circuses, variety show installations and similar facilities, in particular also increasing the number of animals or keeping different animals from those already approved, are/is subject to approval by the authorities. Such approval is valid for the entire federal territory. Jurisdiction for measures in accor-dance with § 23 para 5 is governed by the respective location.
(4) The approval shall be granted in accordance with § 23 only in such cases in which is ensured that
1. | the conditions of keeping such animals comply with the requirements of this Federal Act and the regulations based on it, | |||||||||
2. | adequate veterinary care is ensured, and | |||||||||
3. | the applicant submits proof of having winter quarters available | |||||||||
complying with the requirements for keeping animals for purposes of this Federal Act. Foreign based entre-preneurs shall submit an equivalent confirmation of their home country. | ||||||||||
(5) Moving from one location to another one shall be communicated to the authority in due time, in any case before arriving at the new location. The report shall state the loca-tion and in addition also the type and point in time of a performance and the animals kept for this purpose. The original or the copy of the approval shall accompany the report.
(6) § 26 para 3 shall apply accordingly.
Using animals for other events
§ 28. (1) The use of animals in the course of other events as well as the participation of animals in movie and TV shots is subject to approval by the authorities in accordance with § 23, unless
1. | approval is required under provisions of veterinary law, or | |||||||||
2. | the event is subject to supervision by the veterinary authority, or | |||||||||
3. | the event is a presentation of the training of dogs or horses of the | |||||||||
Austrian Armed Forces or of police dogs or animals of social or medical institutions in the public interest, or | ||||||||||
4. | the event is an examination by Austrian organizations and associations. | |||||||||
The authority in whose administrative district the animals are usually kept may also grant an approval of the use or participation of animals as a permanent approval. In such a case, the approval shall apply to the entire federal territory and the respective use or participation shall be notified to the authority having territorial jurisdiction in due time, but no later than two weeks before the event. Jurisdiction for measures referred to in § 23 subpara 5 shall be based on the location where the event takes place. | ||||||||||
(2) The application for approval shall be received by the authority at least four weeks before the day scheduled for performance and contain a list of all animals brought (species and number) and present the way the animals are kept and used.
(3) The Federal Minister of Health shall designate by regulation, taking into consideration the objectives and other provisions of this Federal Act as well as the recognized state of scientific knowledge, the prerequisites and minimum requirement for the exhibitions, shows, markets and exchanges of animals subject to approval in accordance with para 1, regarding the report, duration, keeping of the animals during events as well as recording obligations.
(4) For events according to para 1 and the keeping of animals involved for this purpose, the minimum requirement provisions of this Federal Act and the regulations based on it as well as any conditions and obligations imposed shall be complied with.
Animal shelters
§ 29. (1) Running an animal shelter requires an approval by the authority according to § 23.
(2) The approval shall be granted in accordance with § 23 only in such cases in which is ensured that
1. | adequate veterinary care for the animals is ensured, and | |||||||||
2. | at least one person with relevant technical skills constantly is | |||||||||
involved in the management of the animal shelter. | ||||||||||
(3) The management of the animal shelter is required to keep a book of records listing under consecutive numbers the day of acceptance, if possible name and place of residence of the owner or person delivering the animal, a description of the physical appearance and the condition of health of the animals taken in custody. On occasion of withdrawal of the animals date and type of withdrawal, as well as in the case of handing over, the name and place of the person taking over shall be recorded. Such records shall be kept available for a period of three years and be made available to the authority upon request.
(4) Detailed provisions on the minimum requirements for animal shelters regarding the furnishing, care of animals, operation, as well as proof of the education and training of the persons employed in animal keeping and care shall be determined by the Federal Minister of Health by regulation, taking into consideration the objectives and other provisions of this Federal Act as well as the recognized state of scientific knowledge.
Runaway, abandoned or left behind animals as well as animals confiscated or taken away by the authority
§ 30. (1) As long as handing back to the keeper is out of the question, the authority shall ensure that runaway, abandoned or left behind animals as well as animals confiscated or taken away by the authority be transferred to persons, institutions and associations warranting animal keeping in the meaning of this Federal Act. Such persons, associations or insti-tutions (hereinafter named: custodians) shall have the obligations of a keeper.
(2) The obligations to be met by the province and by the custodian and the remuneration due thereon shall be laid down in a contract.
(3) As long as animals in the definition of para 1 are in the custody of the authority, accommodation of such animals shall be provided at the cost and risk of the keeper of the animal.
(4) Custodians of animals for purposes of para 1 shall at any time grant access to the animal keeping facilities and for checking of the animal’s health conditions to executive of-ficers or bodies in charge of implementing this Federal Act and comply with any instructions of the authority.
(5) For the duration of the custody contracted with the authority, the authority will be responsible for the obligations of the animal’s keeper.
(6) The authority shall make publication regarding any animals found within its territorial jurisdiction.
(7) If no request for handing over in the definition of para 8 is submitted within one month after publication according to para 6, ownership of the animal may be transferred to third parties. In case within a year’s term the owner should claim his property, he shall be reimbursed the fair market value of the animal less the costs arisen.
(8) Handing over of animals in the definition of para 1 to persons who claim an ownership title for these animals is subject to the approval of the authority. Keeping animals within the scope of business activities or for the purpose of breeding and sale
§ 31. (1) Keeping animals within the scope of a business activity (§ 1 of the Industrial Code, Federal Law Gazette No. 194/1994) requires an approval according to § 23.
(2) A sufficient number of persons knowledgeable in keeping the respective species of animals must be employed on a regular and permanent basis in any business location where animals are kept within the scope of a business activity. In pet shops such persons are obligated to advise customers on the adequate keeping of such animals as well as the vaccinations required for the animals offered for sale, as well as on any requirements for the approval. Compliance with this obligation must be credibly shown to the authority, for example by having relevant information offers available. When transferring possession of dogs or cats, the breeder shall also provide such information.
(3) In agreement with the Federal Minister of Economic Affairs and Labour, the Federal Minister of Health shall designate by regulation, taking into consideration the objec-tives and other provisions of this Federal Act as well as the recognized state of scientific knowledge, the provisions regarding the keeping of animals within the scope of business activities, in particular also on the proof of education and training of the persons engaged in keeping the animals.
(4) The keeping of animals for the purpose of breeding and sale, with the exception of animals referred to in § 24 para 1 subpara 1 within the scope of agriculture and forestry or animals in zoos or animals in pet shops, is to be registered by the keeper with the authority before starting the activity. The registration application shall contain the name and address of the keeper, the species and maximum number of animals kept, the place where they are kept. Detailed provisions and exemptions from the registration obligation shall be deter-mined by regulation to be issued by the Federal Minister of Health. The keeping of animals and the fulfilment of sufficient requirements for keeping the animals for breeding or sale shall be inspected within six months of the registration.
(5) Dogs and cats must not be exhibited for sale in pet shops and other business establishments offering animals within the scope of business activities according to para 1. Dogs and cats may be kept in pet shops for the purpose of sale only if an approval has been granted by an authority. The requirement for being granted such approval is that an agreement on care has been made with a veterinarian for that pet shop. During the proceedings for the approval, the veterinarian must be named to the authority and must meet the criteria listed in the regulation. Detailed requirements which such pet shops must fulfil with regard to keeping dogs and cats, special record-keeping obligations, as well as the duties and obliga-tions of the veterinarian in charge of care, shall be specified by regulation by the Federal Minister of Health after obtaining the opinion of the Animal Protection Council. The regula-tion shall in any event be issued by 31st December 2008.
Slaughtering or killing
§ 32. (1) Without prejudice to the prohibition of killing according to § 6, killing of an animal may be performed only in such manner as to avoid unjustified inflicting of pain, suffering, injury or extreme anxiety on the animal.
(2) Slaughtering, killing, transportation, accommodation, immobilization, anaesthetization and exsanguination of an animal may be performed only by persons in possession of the required knowledge and skills therefor.
(3) Slaughtering of animals without anaesthetization before exsanguinations is prohibited. If anaesthetization is under the circumstances given not possible, as in the case of an emergency slaughter or if in contradiction to compelling religious instructions or prohibitions of a recognized religious denomination, the slaughter is to be performed in a way avoiding to inflict unnecessary pain, suffering, injury or extreme anxiety on the animal.
(4) Ritual slaughtering is only allowed to be performed in slaughter houses specially established and authorized by the authority for this purpose.
(5) Ritual slaughtering without previous anaesthetization of the animals intended for slaughtering must be performed only if this is necessary on the basis of compelling reli-gious instructions or prohibitions of a religious denomination recognized by the law and the authority has granted approval for slaughtering without anaesthetization. The approval for performance of ritual slaughtering shall be granted by the authority only in such cases in which is ensured that
1. | the ritual slaughtering is performed by persons in possession of the knowledge and skills required therefor, | |||||||||
2. | the ritual slaughtering is performed exclusively in the presence of a veterinarian in charge of slaughtering and meat inspection, | |||||||||
3. | equipment is available to ensure that the animals intended for ritual slaughtering can be brought into the position required for slaughtering as quickly as possible, | |||||||||
4. | the slaughter is performed in a way that the large blood vessels in the throat area are opened with one single cut, | |||||||||
5. | the animals will be effectively anaesthetized after opening of the blood vessels, | |||||||||
6. | the anaesthetization becomes effective immediately after the cut is performed, and | |||||||||
7. | the animals intended for ritual slaughtering will be brought into the required position not before the anaesthetist is ready to perform the anaesthetization. | |||||||||
(6) The Federal Minister of Health shall, in accordance with the recognized state of scientific knowledge, adopt by regulation detailed provisions on the killing or slaughtering of animals. He can prohibit certain methods of killing or slaughter, make them subject to an approval, or permit or order them. In particular he shall lay down regulations on
1. | the requirements applicable to slaughterhouses (abattoirs), | |||||||||
2. | the transportation and accommodation of animals within | |||||||||
slaughterhouses, | ||||||||||
3. | the immobilization of animals before anaesthetizing, slaughtering or killing, | |||||||||
4. | the anaesthetizing, slaughtering and killing of animals, | |||||||||
5. | the exsanguinations of animals, | |||||||||
6. | the slaughter or killing outside of slaughterhouses in agreement | |||||||||
with the Federal Minister of Agriculture, Forestry, Environment and Water Management, | ||||||||||
7. | the requirements applicable to slaughterhouses performing ritual slaughters, | |||||||||
8. | the professionally skilled killing of fodder animals, | |||||||||
9. | the live keeping of fish for consumption, as well as | |||||||||
10. | the type and proof of the knowledge and skills required by staff. | |||||||||
Chapter 3
Execution
Authorities
§ 33. (1) To the extent not provided otherwise, authority in terms of this Federal Act shall be the district administration authority.
(2) Against any decision of the district administration authority in any proceeding under this Federal Act, an appeal may be filed with the independent administrative panel of appeal of a province.
Assistance of executive officers or bodies of public security
§ 34. (1) The executive officers or bodies of public security shall assist in the execution of § 37 in connection with § 5, with the exception of para 2 subparas 1, 2 and 7, in con-nection with § 6 as well as with § 8 by
1. | measures towards prevention of imminent administrative infractions, | |||||||||
2. | measures towards immediate termination of administrative | |||||||||
infractions, | ||||||||||
3. | measures necessary for institution and implementation of administrative penal proceedings, | |||||||||
4. | measures of direct commanding and coercive power in connection with § 36 and § 37 para 1. | |||||||||
(2) The executive officers or bodies of public security shall also assist the authority having jurisdiction under this Federal Act, upon its request, in ensuring the exercising of the powers according to § 35 through § 39 within their area of activity under the law.
Supervision by authorities
§ 35. (1) Supervision of compliance with the provisions of this Federal Act and the administrative regulations based on it is the responsibility of the authority.
(2) Animal husbandries for agricultural use as well as the keeping of animals as defined in § 25 para 1 second sentence and para 4, § 26, § 27, § 29 and § 31 shall be inspected by the authority which will also establish a risk analysis on site by drawing random samples in order to check compliance with the provisions of this Federal Act and the administra-tive regulations based on it; such inspections shall, to the extent possible, take place simultaneously with other inspections to be effected according to provisions of the law and of regulations.
(3) The Federal Minister of Health shall issue, in respect of animals kept for farming purposes in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, a regulation containing detailed provisions regarding the inspection, in particular on the animal species and animal keeping systems covered by the inspections, as well as the number of inspections required, in order to ensure compliance with the provisions of this Federal Act and the administrative regulations based on it. The authority shall enter the completion and the results of the inspections of animal husbandries for agricultural use in the electronic register in accordance with § 8 of the Epizootic Diseases Act.
(4) The authority is authorized to inspect animal husbandries as well as check compliance with prohibitions to keep animals, maintaining the principle of adequacy. Without prejudice to paras 2 and 3, the authority shall inspect animals kept if with regard to infractions of legal provisions for the protection of animals, for which punishment has been im-posed, it is assumed that further infractions of legal provisions for the protection of animals will take place. The authority is also obliged to effect an inspection if there is suspicion of such infraction.
(5) For such inspection the authority shall employ persons in possession of sufficient professional qualification. Details shall be determined by regulation of the Federal Minister of Health.
(6) If the authority finds in the course of an inspection that animals are not kept in accordance with the provisions of this Federal Act or with the regulations or decrees based on it, changes of the way the animals are to be kept or of the installations in which they are kept or other measures shall be imposed on the keeper, which changes and measures will aim at ensuring that the keeping of the animals will correspond with the objectives and other provisions of this Federal Act within an adequate term.
(7) The Federal Reporting Obligations Act, Federal Law Gazette I No. 65/2002, shall be applied, with regard to the inspections according to paras 2 through 6, also to the extent that no obligations to record, report or inform are to be met under Community or international law, with the proviso that the Provincial Government shall assume the position of the Provincial Governor. Entering properties, premises and means of transportation, duty to co-operate
§ 36. (1) The executive officers or bodies of the authorities in charge of execution of this Federal Act and the experts called in as well as the veterinary experts of the Commis-sion of the European Communities have, complying with the required provisions for veterinary police matters, the right to enter properties, premises and means of transportation for inspection (§ 35) purposes and, maintaining adequacy, to obtain access in case it is not freely granted. This shall also be applicable if there is reason to suspect that this Federal Act has been violated. The person responsible for the keeping of the animals shall be given opportunity to be present during the inspection, provided that this does not impair the objec-tive of the investigation.
(2) The persons in charge of the properties, premises and means of transportation involved have to tolerate the exercise of powers under para 1.
(3) The persons employed for keeping the animals shall, upon request, give any information requested. There is no obligation to give information if the persons named would expose themselves or one of the persons named in § 38 of the Administrative Penal Act 1991, Federal Law Gazette No. 52, to penal prosecution; reasons therefor shall be credibly shown.
Coercive force
§ 37. (1) The executive officers or bodies of the authority are obligated
1. | to terminate, whenever observed, any infractions against § 5 through § 7, by direct order and force of the authorities; | |||||||||
2. | take away from the keeper any animal found in a condition to expect that the animal will suffer pain, suffering, injury or extreme anxiety if not immediate help is given, if the keeper is not willing or not in a position to remedy the situation. | |||||||||
(2) If it is necessary for the well-being of the animal, executive officers or bodies of the authority are entitled to take the respective animal away from persons violating § 5 through § 7. The executive officers or bodies of the authority are entitled to arrange for animals to be painlessly killed if continuing to live would be involved with irremediable pains for them.
(2a) Executive officers or bodies of the authority are entitled to take animals offered for sale away from persons violating § 8a.
(3) § 30 applies to animals taken away. If within a two-month period after the animal has been taken away in terms of para 2 the conditions for the animal to be kept in an or-derly manner have been created as may be reasonably expected, the animal shall be returned. Otherwise the animal is to be considered forfeited.
Chapter 4
Penal and final provisions
Penal provisions
§ 38. (1) Persons who
1. | contrary to § 5 inflict pain, suffering, injury or extreme anxiety on an animal or | |||||||||
2. | kill an animal contrary to § 6 or | |||||||||
3. | carry out interventions on an animal contrary to § 7 or | |||||||||
4. | violate § 8 | |||||||||
commit an administrative offence and shall be punished by the authority by being imposed a fine of up to 7,500 euros, in case of a repeated offence up to 15,000 euros. | ||||||||||
(2) A heavy case of cruelty to animals shall be fined with at least 2,000 euros.
(3) Who, except in cases of paras 1 and 2, violates § 5, § 8a, § 9, § 11 through § 32, § 36 para 2 or § 39 or the provisions of administrative regulations based on these provisions, commits an administrative offence and shall be punished by the authority with a fine of up to 3,750 euros, in case of a repeated offence of up to 7,500 euros.
(4) In accordance with paras 1 through 3, a person shall be liable for punishment if he tolerates, that a person subject to his supervision or education and with no responsibility for criminal or tortuous acts acts in contradiction to this Federal Act or the regulations adopted on the basis of this Federal Act or the orders contained in decrees, although he could have prevented the offence.
(5) Any attempt is punishable.
(6) In the case of administrative offences under para 3, the authority shall, unless proceeding in accordance with § 21 para 1a of the Administrative Penal Act 1991, Federal Law Gazette No. 52, dispense with imposing a punishment without any further proceeding, if defendant’s fault is negligible and the consequences of the offence are insignificant for the well-being of the animals kept. It shall however, if deemed necessary, admonish the defendant by a decree making reference to the unlawfulness of his behaviour, in order to prevent him from committing further offences of similar kind. Under the conditions stated in this paragraph, the inspecting executive officers or bodies according to § 35 may dispense with a report, in case of necessity after defendant has reestablished the lawful situation; they shall in such cases in a suitable manner draw culprit’s attention to the unlawfulness of his behaviour.
(7) Any act defined in paras 1 through 3 constituting a penal offence under the jurisdiction of the courts is not considered an administrative offence. Prohibited cases of keeping animals
§ 39. (1) A person who has been punished with final legal effect by the courts at least once for cruelty to animals or by the administrative authorities because of an offence against § 5, § 6, § 7 or § 8 more than once, can be prohibited by the authority from keeping animals of all or certain species for a certain period of time or permanently, to the extent this is necessary in consideration of the previous behaviour of the person involved, in order to avoid future cruelty to animals or offences against § 5, § 6, § 7 or § 8. This is in the same way applicable if no punishment has been imposed because of the lack of mental capacity to be held accountable or if the prosecution has dropped the charges due to diversion measures (§ 198 of the Code of Criminal Procedure).
(2) The authority may restrict themselves to only issue a warning regarding such a prohibition if this is likely to be sufficient to keep the person involved from committing acts of cruelty to animals or from a violation of § 5, § 6, § 7 or § 8 in the future.
(3) If an animal is kept contrary to the prohibition under para 1, the authority is obligated to take it away without any preceding proceeding and to arrange for its temporary cus-tody and care. The authority shall also declare the animal forfeited.
(4) The courts shall inform the local district administration authority having territorial jurisdiction on the basis of the place of residence of the offender of punishments with final legal effect under § 222 of the Penal Code. Before dismissing a proceeding instituted on the suspicion of an offence under § 222 of the Penal Code, the courts and prosecution shall inform the district administration authority having territorial jurisdiction if
1. | the proceeding was dismissed because of diversion measures, | |||||||||
2. | there is a suspicion that provisions of administrative law on animal | |||||||||
protection have been violated. | ||||||||||
(5) Prohibitions of keeping animals in accordance with para 1 shall apply to the entire federal territory. The authority is obligated to report prohibitions of keeping animals to the competent Provincial Government. The Provincial Governments shall inform each other without delay of decrees on prohibitions of keeping animals with final legal effect and of their revocation, if applicable.
Forfeiture
§ 40. (1) Without prejudice to § 39 para 3, objects used in connection with an offence against this Federal Act or any of the regulations issued on the basis of this Federal Act, shall be declared forfeited if culprit may be expected to continue or repeat his criminal behaviour.
(2) An animal declared forfeited is to be set free in accordance with the provisions of the law or to be delivered to such associations, institutions or persons who warrant that the animals will be kept in accordance with the provisions of this Federal Act. If none of the above is possible, the animal can be killed by a painless method.
(3) The previous keeper shall reimburse to the authority all costs arisen in connection with the temporary custody as well as the cost of the killing. Any proceeds obtained shall be forwarded by the authority to the former owner, after deduction of the cost incurred for the animal.
Animal protection ombudsman
§ 41. (1) Each province shall appoint an animal protection ombudsman to work in conjunction with the Federal Minister of Health.
(2) Only such persons can be appointed animal protection ombudsman, who have completed the studies of veterinary medicine, zoology or agricultural sciences or comparable studies and have undergone additional training in the field of animal protection. The term of office of the animal protection ombudsman shall be five years; reappointment is admis-sible.
(3) The duty of the animal protection ombudsman is to represent the interests of animal protection.
(4) The animal protection ombudsman shall have the status of a party in administrative proceedings, including administrative penal proceedings, under this Federal Act. He is authorized to inspect all files of the proceeding and to request any relevant information. The authorities shall assist the animal protection ombudsman in exercising his duties.
(5) The animal protection ombudsman is not subject to any instructions in exercising his duties.
(6) The animal protection ombudsman shall report to the Provincial Government on his activity.
(7) During his term of office, the animal protection ombudsman must not exercise any activities which are incompatible with his duties or which are suitable to give the impres-sion of being biased.
(8) The term of office of the animal protection ombudsman terminates upon its expiry, by resignation or by justified removal from his office. Animal Protection Commission, animal protection work plan and animal protection report
§ 41a. (1) An Animal Protection Commission (Commission) shall be established with the Federal Minister of Health, which shall consist of one representative each of the po-litical parties represented in the National Council as well as of four experts appointed by the Federal Minister of Health, two of whom shall be nominated by the Federal Minister of Health and two by the Federal Minister of Agriculture, Forestry, Environment and Water Management.
(2) Membership of the Commission is an honorary position without remuneration.
(3) The Commission shall be chaired by a representative of the Federal Minister of Health.
(4) The Commission shall regulate its activities by rules of procedure.
(5) Resolutions on recommendations by the Commission shall be adopted in the presence of at least two thirds of the members by a majority of two thirds of the votes cast.
(6) The Commission shall have the following duties:
1. | advise the Federal Minister of Health on issues of animal protection; | |||||||||
2. | make recommendations to the Federal Minister of Health regarding strategies for the further development of animal protection; | |||||||||
3. | make recommendations regarding the policy focus of the work plan of the Federal Minister of Health in accordance with para 9. | |||||||||
(7) The Commission is authorized to instruct the Animal Protection Council to draw up the basic principles of the fulfilment of the duties referred to in para
6. Furthermore, the Commission is authorized to request all documents necessary for the fulfilment of its duties and available from the Federal Minister of Health, and all relevant documents available to the Federal Minister or the Animal Protection Council on behalf of the Federal Minister shall be provided to the Commission.
(8) With the consent of the Federal Minister of Health, the Commission may invite additional experts to take part in the consultations in an advisory capacity to the extent this is required for dealing with certain issues.
(9) The Federal Minister of Health shall draw up a work plan covering several years for all matters of animal protection and shall submit an animal protection report to the Na-tional Council every two years.
Animal Protection Council, animal protection report
§ 42. (1) An Animal Protection Council (hereinafter named: the Council) shall be established with the Federal Ministry of Health.
(2) Members of the Council shall be:
1. | one representative of the Federal Ministry of Health, | |||||||||
2. | one representative of the Federal Ministry for Agriculture, | |||||||||
Forestry, Environment and Water Management, | ||||||||||
3. | one animal protection ombudsman named by each of the provinces, | |||||||||
4. | one representative of each of the Austrian Federal Economic Chamber, | |||||||||
the Federal Chamber of Labour, the Conference of Presidents of the Chambers of Agriculture and the Austrian Chamber of Veterinarians, | ||||||||||
5. | one expert representative of the University for Veterinary Medicine carrying out scientific research in the field of animal protection, | |||||||||
6. | one expert representative of the University of Natural Resources and Life Sciences carrying out scientific research in the field of animal protection, | |||||||||
7. | one expert representative carrying out scientific research in the field of animal protection of the universities at which the subject zoology is represented in scientific research and teaching, | |||||||||
8. | one expert representative of the Higher Federal Teaching and Research Institute Raumberg-Gumpenstein carrying out scientific research in the field of animal protection, | |||||||||
9. | one representative of the Austrian Zoo Organization, | |||||||||
10. | one representative of the Organization of Austrian Animal Protection | |||||||||
Associations, | ||||||||||
11. | one representative of the animal protection organization representing Austria in Eurogroup for Animals. | |||||||||
(3) A natural person may only hold one membership. For each member of the Animal Protection Council one deputy member shall be provided for who shall represent the member in case the member is absent. The representatives referred to in para 2 subparas 1 through 4 and their deputies shall be named to the Federal Minister of Health. The repre-sentatives referred to in para 2 subparas 5 through 11 shall be nominated in the form of a proposal of three candidates by the respective aforementioned institutions. On the basis of the proposals submitted, the Federal Minister of Health shall appoint the representatives referred to in para 2 subparas 5 through 11 and their deputies as members for one term of office of five years. The Federal Minister of Health may remove the members from office if
1. | the requirements for appointment in accordance with para 2 are no longer met, or | |||||||||
2. | the member so requests, or | |||||||||
3. | the member is not able to properly fulfil the obligations arising | |||||||||
from the member’s office. | ||||||||||
(4) The Federal Minister of Health shall appoint the chairman and his deputy after consulting the Council. The chairman and his deputy shall be appointed for four years. Reap-pointment is possible. The premature removal from office of the chairman and his deputy shall be effected by the Federal Minister of Health after consulting the Council.
(4a) A quorum of more than half of its members and the absolute majority of the votes cast is required for adopting any resolutions in the Council. The Federal Minister of Health shall issue the rules of procedure by regulation. Additional experts who are not members of the Council may be invited to take part in consultations, but advice in return for remuneration may be given only with the consent of the Federal Minister of Health.
(5) The positions of the members of the Council are honorary. Any travelling expenses shall be reimbursed to the members of the Council or their deputies or experts invited ac-cording to the highest level of fees of the Travelling Fees Regulation 1955, Federal Law Gazette No. 133.
(6) The office of the Council established with the Federal Ministry of Health shall serve to assist the chairman. Enquiries to the Animal Protection Council and enquiries regard-ing information on the activities and resolutions of the Animal Protection Council shall be addressed to the Federal Ministry of Health.
(7) The duties of the Animal Protection Council are:
1. | advising the Commission and the Federal Minister of Health regarding animal protection issues, | |||||||||
2. | preparing and submitting opinions on draft regulations to be issued on the basis of this Federal Act, | |||||||||
3. | preparing and submitting opinions on draft regulations to be issued on the basis of the Animal Transportation Act 2007, | |||||||||
4. | preparing opinions and documents on behalf of the Federal Minister of Health or the Commission, | |||||||||
5. | elaborating grounds for decisions on the basis of scientific and practical knowledge and submitting scientific opinions, recommendations and answers on behalf of the Fed-eral Minister of Health in the field of animal protection, in consideration of requirements under European law, economic conditions and possibilities of practical implemen-tation, | |||||||||
6. | preparing an annual report on the development of scientific knowledge, taking special account of international procedures, | |||||||||
7. | submitting proposals on focus issues for a work plan in accordance with § 41a para 9, | |||||||||
8. | preparing a report, to be published, on the activity of the Animal Protection Council. | |||||||||
(8) The executive officers or bodies of the provinces shall, upon request, give any information needed by the Council in order to fulfil its duties.
(9) After consulting the Animal Protection Council, the Federal Minister of Health may publish opinions in accordance with para 7 subpara 2 and in accordance with para 7 subpara 3 in the Official Veterinary News. Executive Advisory Council
§ 42a. (1) An Executive Advisory Council shall be established with the Federal Minister of Health.
(2) Members of the Executive Advisory Council shall be:
1. | one representative of each of the Federal Ministry of Health and the Federal Ministry of Agriculture, Forestry, Environment and Water Management; | |||||||||
2. | the senior specialized executive officers of the provinces who are in charge of executing the Animal Protection Act (provincial veterinary directors); | |||||||||
3. | the animal protection ombudsman of the respective province chairing the Conference of Provincial Governors as the speaker of the animal protection ombudsmen. | |||||||||
The members shall be named to the Federal Minister of Health; for each member, one deputy shall be named, who shall represent the member in case the member is absent. A natural person may only hold one membership. The chairman of the Animal Protection Council (§ 42) shall be invited to take part in the meetings of the Executive Advisory Council; he shall have an advisory function and shall not have a voting right. | ||||||||||
(3) The positions of the members of the Executive Advisory Council are honorary. Any travelling expenses shall be reimbursed to the members of the Executive Advisory Council in accordance with the highest level of fees of the Travelling Fees Regulation 1955, Federal Law Gazette No. 133.
(4) The Executive Advisory Council shall be chaired by the senior specialized executive officer of the respective province chairing the Conference of Provincial Governors.
(5) The Executive Advisory Council shall regulate its activities by rules of procedure.
(6) Resolutions on recommendations by the Advisory Council shall be adopted in the presence of at least two thirds of the members by a majority of two thirds of the votes cast.
(7) The duties of the Executive Advisory Council are:
1. | preparing guidelines required for the uniform execution of this Federal Act in the provinces; | |||||||||
2. | preparing guidelines for the execution of animal protection legislation during transport; | |||||||||
3. | submitting proposals for the work plan covering several years of the Federal Minister of Health in accordance with § 41a para 9 from the viewpoint of execution. | |||||||||
References, person-related references | ||||||||||
§ 43. (1) Whenever this Federal Act refers to provisions of other federal acts they shall be understood to be references to the respective up-to-date versions.
(2) All person-related references used in this Federal Act are applicable equally to persons of male and female sex.
Entry into force and transitional provisions
§ 44. (1) This Federal Act shall enter into force on 1st January 2005, however not before expiry of the day of its promulgation in the Federal Law Gazette.
(2) Simultaneously the legal provisions regarding animal protection existing on the provincial level lose force, with the exception of the matters described in § 3 para 4.
(3) Proceedings pending according to the earlier provisions, at the time when this Federal Act enters into force (para 1), shall be continued by the authorities having had jurisdic-tion so far in accordance with the provisions of this Federal Act.
(4) The new construction of installations or keeping facilities must comply with the requirements of this Federal Act and the regulations based on it. For installations or keeping facilities existing at the time when this Federal Act enters into force, the requirements of this Federal Act and the regulations issued on its basis shall apply, to the extent that
1. | compliance with them is possible without construction measures exceeding the repair or replacement of individual components, or | |||||||||
2. | construction measures exceeding the above extent are carried out in the parts of the installations or keeping facilities affected by such requirements. | |||||||||
To the extent this will be required for implementation of legal acts within the framework of the European Union, the required provisions shall be issued in the regulations under § 24. | ||||||||||
(5) Differing from para 4 second sentence, the requirements of this Federal Act and the regulations issued on its basis shall apply for
1. | zoos (§ 26) in any case as of 1st January 2015; | |||||||||
2. | animal shelters (§ 29) as well as the keeping of animals within the | |||||||||
scope of business activities (§ 31) in any case as of 1st January 2010; | ||||||||||
3. | animal keeping facilities in accordance with § 24 para 1 subpara 2 which are not zoos, animal shelters or commercial animal keeping facilities, in any case as of 1st January 2006; | |||||||||
4. | installations and keeping facilities for keeping | |||||||||
a) | cattle and domestic poultry, without prejudice to the regulation for | |||||||||
keeping laying hens in cages (§ 18 para 3), in any case as of 1st January 2012, | ||||||||||
b) | pigs in any case as of 1st January 2013, | |||||||||
c) | horses, sheep, goats, lamas and farmed fish in any case as of 1st | |||||||||
January 2020, | ||||||||||
d) | rabbits for meat production, to the extent such installations and facilities were installed between 1st January 2005 and 31st December 2007, in accordance with subpara c | |||||||||
to the extent such installations and keeping facilities comply, at the time when this Federal Act enters into force (para 1), with the requirements of the Agreement on the Pro-tection of Animals Kept for Farming Purposes1, or the laws of the provinces, in any case as of 1st January 2020; | ||||||||||
5. | installations and facilities for keeping other animals in accordance with § 24 para 1 subpara 1 in accordance with the regulations. | |||||||||
(5a) Unless provisions of Community law are affected, the regulation in accordance with § 24 para 1 subpara 1 may, after consultation with the Animal Protection Council, stipulate exceptions for keeping installations existing at the time the Animal Protection Act enters into force if the deviations from the required measures and values do not amount to more than ten percent, the wellbeing of the animals affected is not impaired and the required building modifications are not disproportionate.
(6) For the installations or keeping facilities existing at the time when this Federal Act enters into force (para 1), the requirements of § 16 para 4 regarding free movement shall apply as of 1st January 2010 regarding the availability of grazing and as of 1st January 2010 regarding the availability of suitable space to run around.
(7) For decrees issued on the basis of the former regulations and having final legal effect, the following shall be applicable:
1. | Unless provided otherwise hereinafter, the decrees remain effective. | |||||||||
2. | Anyone who is affected by a decree not corresponding to the | |||||||||
provisions of this Federal Act or the regulations issued on its basis can request the authority to issue a decision on the basis of the present legal situation. This is not applicable for penal decrees. | ||||||||||
(8) For animals kept in accordance with the provisions of legislation in force up to now, which are prohibited to be kept under this Federal Act, the authority may grant an ap-proval (§ 23) if this is better for the well-being of the animal.
(9) Applications for approval and reports required under this Federal Act shall be submitted within one year after the date when this Act enters into force as specified in para 1. If the application or the report has been submitted in due time, the activity or the condition to which the obligation to obtain an approval or the reporting obligation refers, will be regarded as complying with the law until a different decision is taken by the authority.
(10) If the obligation of obtaining an approval or the reporting obligation or the prohibition of keeping animals (para 8) results from a regulation based on this Federal Act, the aforementioned provisions shall apply with the proviso that the entry into force of this Federal Act will be replaced by the entry into force of the respective regulation.
(11) The persons in charge of care and the other persons with expert knowledge in keeping animals in accordance with § 7 para 3, § 11, § 25 para 1 second sentence and para 4, § 26, § 27, § 28 and § 29 must have the required qualification and the necessary knowledge and professional skills (§ 14) at the latest by 1st January 2008, and the persons in charge of care and the other persons with expert knowledge in keeping animals in accordance with § 31 at the latest by 1st July 2008.
(12) (Note: repealed by Federal Law Gazette I No. 35/2008)
(13) § 3 para 3, § 11 paras 1 and 3 as well as § 41 para 4 first sentence, as amended by Federal Law Gazette I No. 54/2007, shall enter into force on the first day of the month following promulgation. § 42 paras 2, 3, 4, 4a, 5 first sentence, paras 6 and 7 subpara 7 as well as § 48 subpara 5d shall enter into force as of 1st January 2008.
(14) Members and their deputies who are part of the Animal Protection Council at the time the federal act promulgated in Federal Law Gazette I No. 54/2007 enters into force shall be deemed appointed in accordance with § 42 para 3. The term of office of such members shall end upon expiry of 31st December 2009, unless they are removed from office in accordance with § 42 para 3. The chairman named in accordance with § 42 para 4 of the Animal Protection Act, as amended by Federal Law Gazette I No. 118/2004, and his deputy shall remain in office until a chairman and a deputy are appointed in accordance with § 42 para 4 of the Animal Protection Act as amended by Federal Law Gazette I No. 54/2007.
(15) § 3 para 4 subpara 1, § 4 subpara 14, § 5 para 2 subpara 1, § 5 para 2 subpara 17, § 5 para 4 first sentence, § 5 para 5, § 7 para 5, § 8a, § 18 paras 3, 3a, 6 through 11, § 24, § 28 para 1, § 31 paras 2 and 5, § 35 para 3, § 37 para 2a, § 38 para 3, § 42 para 7 subpara 6, § 44 para 5 subparas 4c and 4d, paras 5a, 11 and 17 as amended by Federal Law Gazette I No. 35/2008 shall enter into force on the first day of the month following promulgation.
(16) § 24a shall enter into force on 30th June 2008. Dogs that have not been marked at the time this provision enters into force shall be marked by 31st December 2009. Dogs that have already been marked at the time this provision enters into force shall be registered no later than by 31st December 2009.
(17) With regard to existing animal breeds with features resulting from cruel breeding practices, § 5 para 2 subpara 1 shall not be deemed violated if it can be proved by means of continuous documentation that compliance with the provisions of that paragraph can be ensured by 1st January 2018 by means of breeding measures or programmes of measures. The documentation shall be in writing and shall be presented upon the request of the authority or an executive officer or body in charge of the execution of this Federal Act.
(18) § 31 para 4, as amended by Federal Law Gazette I No. 35/2008, shall enter into force upon the promulgation of the regulation by the Federal Minister of Health to specify detailed provisions and exemptions from the registration obligation, but no later than on 31st July 2008.
(19) § 5 para 5, § 23 subpara 1, § 24 para 3, § 24a para 2 subpara 1b, § 24a para 4, § 28 para 1, § 39 paras 1, 4 and 5, § 41a, § 42, § 42a, § 46 subparas 1, 2 and 7 as well as the heading of § 31 as amended by the federal act promulgated in Federal Law Gazette I No. 80/2010 shall enter into force on the first day of the month following promulgation; at the same time, the appointment of the members of the Animal Protection Council made in accordance with previous provisions shall terminate.
_________________________
1 Provincial Law Gazette for Burgenland No. 33/1996, Provincial Law Gazette for Carinthia No. 39/1994 as amended by No. 72/1995, Provincial Law Gazette for Lower Austria 0812, Provincial Law Gazette for Upper Austria No. 71/1995, Provincial Law Gazette for Salzburg No. 119/1995, Provincial Law Gazette for Styria No. 65/1995 as amended by No. 66/1995, Provincial Law Gazette for Tyrol No. 72/1995 as amended by No. 73/1995, Provincial Law Gazette for Vorarlberg No. 34/1995 as amended by No. 68/1995, Provincial Law Gazette for Vienna No. 23/1994 as amended by No. 10/1995.
Preparation of the execution
§ 45. Regulations based on this Federal Act as amended may be issued already from the day following the promulgation of the Federal Act to be executed; they must however not enter into force before the legal provisions to be executed. Implementation measures required for an execution beginning with the entry into force of the new provisions of the respective Federal Act can be taken as of the same day.
Notice for implementation
§ 46. This Federal Act shall serve to implement the following legal instruments of the European Community:
1. | Directive 2008/119/EC laying down minimum standards for the protection of calves, OJ No. L 10 of 15th January 2009, p. 7, | |||||||||
2. | Directive 2008/120/EC laying down minimum standards for the protection of pigs, OJ No. L 47 of 18th February 2009, p. 5, | |||||||||
3. | Directive 93/119/EC on the protection of animals at the time of slaughter or killing, OJ No. L 340 of 31st December 1993, p. 21, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of 16th May 2003, p. 1, | |||||||||
4. | Directive 98/58/EC concerning the protection of animals kept for farming purposes, OJ No. L 221 of 8th August 1998, p. 23, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of 16th May 2003, p. 1, | |||||||||
5. | Directive 1999/22/EC relating to the keeping of wild animals in zoos, OJ No. L 94 of 9th April 1999, p. 24, | |||||||||
6. | Directive 1999/74/EC laying down minimum standards for the protection of laying hens, OJ No. L 203 of 3rd August 1999, p. 53, as amended by Regulation (EC) No. 806/2003, OJ No. L 122 of 16th May 2003, p. 1, | |||||||||
7. | Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production, OJ No. L 182 of 12th July 2007, p. 19. | |||||||||
Notification | ||||||||||
§ 47. This Federal Act has been notified in compliance with the provisions of Directive 98/34/EC laying down a procedure for the provision of information in the field of tech-nical standards and regulations, OJ No. L 204 of 21st July 1998, p. 37, as amended by Directive 98/48/EC, OJ No. L 217 of 5th August 1998,
p. 18.
Execution clause
§ 48. The following shall be in charge of execution of this Federal Act shall be:
1. | with regard to § 18 para 3 subpara 1b, the Federal Government, | |||||||||
2. | with regard to § 34, the Federal Minister of the Interior, | |||||||||
3. | with regard to § 39 para 4, the Federal Minister of Justice, | |||||||||
4. | with regard to § 43 through § 45, the respective Federal Minister | |||||||||
having jurisdiction according to paras 2, 3 and 5, | ||||||||||
5. | with regard to all other provisions, the Federal Minister of Health, and | |||||||||
a) | with regard to § 5 para 3 subpara 4 and para 4 subpara 2, in agreement with the Federal Minister of the Interior and the Federal Minister of Defence, | |||||||||
b) | with regard to § 31, in agreement with the Federal Minister of Economic Affairs and Labour, as well as | |||||||||
c) | with regard to § 24 para 1 subpara 1 and, as far as animals kept for farming purposes are concerned, with regard to § 1 through § 23, § 32 para 4 subpara 6, § 33 and § 35 through § 40, in agreement with the Federal Minister of Agriculture, Forestry, Environment and Water Management, | |||||||||
d) | with regard to § 42 para 4, in agreement with the Federal Minister of Justice. | |||||||||