Full text of Act No. 16 / 2004 Coll.
Full text of Act No. 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Breeding Animals and on the amendment of certain related laws (Breeding Act), as resulting from subsequent amendments
Valid
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
HLAVA II
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
HLAVA III
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA IV
§ 20
HLAVA V
§ 21
HLAVA VI
Díl 1
§ 22
Díl 2
§ 23
§ 23a
§ 23b
§ 23c
HLAVA VII
§ 24
§ 25
HLAVA VIII
§ 26
§ 27
§ 28
HLAVA IX
§ 29
§ 29a
§ 30
§ 31
§ 32
§ 33
HLAVA X
§ 34
§ 35
ČÁST PÁTÁ
§ 39
Zobrazeno prvních 200 z celkem 678 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
16
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Breeding Animals and on the amendment of certain related laws (Breeding Act), as follows from the amendments made by Act No. 162 / 2003 Coll. and Act No. 282 / 2003 Coll.
THE LAW
on breeding, breeding and registration of livestock and amending certain related laws (Breeding Act)
Parliament has decided on this law of the Czech Republic:
COLLECTION, PLUMENTATION AND EVIDENCE
GENERAL PROVISIONS
Subject matter and purpose of the adjustment
(1) This Act provides for:
(a) breeding and breeding of bovine animals, horses, pigs, sheep, goats, poultry, runners, breeding fish and bees (hereinafter referred to as "listed livestock"),
(b) the labelling of turnips, horses and donkeys and their cross-breeds, pigs, sheep, goats and runners (hereinafter referred to as "designated animals");
(c) the registration of designated animals, farmed game, (1) poultry, bees, breeding fish and non-breeding fish listed in the Annex to this Act (hereinafter referred to as "registered animals"), the holding register and the register of persons provided for in this Act.
(2) This law does not apply to breeding, breeding, marking and registration of animals in zoos. (1a) Heads I to V also do not apply to the breeding and breeding of listed livestock in research and development.
(3) The purpose of this Act in the field of breeding and breeding of listed livestock is to lay down rules and conditions for the breeding and breeding of listed livestock kept in the Czech Republic so as to ensure the use of methods of breeding and reproduction which comply with international standards and obligations and guarantee an objective detection and evaluation for the needs of breeders, so that this activity is, with the support of state resources, an instrument to increase the genetic value and performance of the listed livestock, to develop and maintain genetic diversity in order to improve the economy and competitiveness of livestock production and the quality of raw materials and food of animal origin.
Basic concepts
For the purposes of this Act:
(a) breeding animals (in the case of poultry and breeding fish and stocks, in the case of bees and hives) listed breeding animals intended for reproduction, which are registered in the herd book (in the case of poultry, breeding fish and bees as well as in the breeding register) and their direct progeny,
(b) the subfamily Bovinae, comprising the tooth genera, both buffalo, patur and breed of cattle,
(c) runners of an economically exploited subclass of birds, in particular ostrich breeds,
(d) any breeder who owns or holds an animal or animals or is authorised to take care of them, whether for consideration or free of charge, including for a transitional period;
(e) a group of registered animals, or even individual registered animals, held by one or more breeders together for the purpose of their reproduction, the production of their products, the production of animals for slaughter, or for their sports or interest purposes;
(f) breeding of breeding animals intended for the deliberate production of breeders, breeding animals, embryos, egg cells and hatching eggs for the processing of the whole population of the listed livestock;
(g) breeding by grandparents, the purpose of which is to cross quality animals from breeding breeding animals for the production of animals into breeding animals;
(h) breeding by parent animals for the purpose of crossing quality individuals from grandparents' holdings for the production of productive or slaughter animals;
(i) the population of a group of individuals of the same species, breed or type of listed livestock, the frequency and composition of which allows for a deliberate reproduction and intensive breeding of a permanent improvement in the quality of the hereditary characteristics and characteristics (gene pool);
(j) the breeding of an animal population of the same species and of identical phylogenetic origin with characteristics and characteristics which it transmits to the progeny, capable of reproduction;
(k) a recognised breeding association of breeders registered under a specific legislation, (3) in which breeders join to ensure common interests and practices in the area of breeding and breeding of the population of listed livestock and recognised by the Ministry of Agriculture (hereinafter referred to as the Ministry of Agriculture) in accordance with Article 5;
(l) a herd-book of the special register of breeding animals kept, with the exception of the herd-book of the old-kladrub horse, recognised by the breeding association, containing data on the identification, origin, performance, breeding value and use of animals of a breed or type and their direct descendants; in the case of poultry, breeding fish and bees, the breeding book shall be a breeding register (Section 10);
(m) a collection of breeding and organization measures and methods to achieve genetic and economic profit and a breeding target in the population; the breeding programme is:
1. a selection programme according to which selection is carried out to achieve the breeding objective;
2. a hybridisation programme aimed at using the cross-breeding effect for hybrid production;
(n) an authorised person, a legal or natural person who is an entrepreneur, (4) or a recognised breeding association to which the Ministry has given its consent to perform certain professional activities pursuant to § 3;
(o) a legal person or, where appropriate, an association of legal persons (5) or a natural person who is an entrepreneur, (4) carries out his own hybridisation programme on the basis of his own, on the combinational capacity of the breeding lines, in his or her own associated holdings and recognised by the Ministry pursuant to § 6;
(p) a breeding register for the special register of listed livestock involved in the breeding programme of the breeding holding kept by the breeding undertaking for the purpose of identifying the listed livestock and proving their origin,
(r) the semen collection centre of an establishment operated by an authorised person for the collection, processing, storage and collection of semen of breeding animals for the insemination of breeding animals and for breeding of breeding animals; in the case of horses, the semen collection centre and the breeding centre of horses shall play a role;
(s) an embryo transfer centre operated by an authorised person to obtain, process, store, supply and transfer embryos or egg cells;
(t) a central register of a comprehensive database covering data on origin, sex, identification numbers, numbers, movements and changes of individuals, herds or flocks of individual species of registered animals; the central register also includes data on holdings, breeders, slaughterhouse operators, hatchers with a capacity of more than 1000 eggs for hatching (hereinafter referred to as hatcheries), assembly centres operators, 5a) persons who purchase and sell, directly or indirectly, registered animals (hereinafter referred to as traders), carriers who transport registered animals (hereinafter referred to as carriers), user facilities (6) and rendering firms, 6a)
(u) the delegate is a legal person entrusted by the Ministry pursuant to Article 23c by the collection and processing of data in the central registration information system;
(v) holdings of any construction, establishment or place within the territory of one of the cadastral territories of the municipality where registered animals are kept, including open air farming;
(w) stables, in the case of fish, water tanks or other facilities, and in the case of bees, any operation, construction or site, or their design and technology, within one holding on which registered animals of one species are kept for the purpose of rearing them;
(x) a stables register for the registration of bovine, ovine and caprine animals kept in the stable; in the case of horses and donkeys and their cross-breeds, pigs, runners, poultry and farmed game (1), the register of animals on the holding, the book of catches and the chamber book of breeding animals and, in the case of non-breeding fish listed in the Annex to this Act, the economic record of the fish farming on the fish pond, the description sheet of the fishing industry and the record of the economic results achieved on the fishing farm, 6b)
(y) the birth of the father and mother or, where appropriate, the next generation of ancestors of the registered animal.
Authorised persons
(1) The Ministry shall grant approval to carry out the activities referred to in Sections 7, 12, 16, 17 and 18 provided that the applicant fulfils the conditions for their execution laid down in those provisions. The requirements of the application shall be laid down by the Ministry by decree.
(2) If the applicant fulfils the conditions laid down in the law, the Ministry shall decide to grant his consent no later than 60 days after the date on which the application was received; otherwise the consent procedure shall be terminated.
(3) The Ministry may decide to grant consent to carry out testing and assessment (Section 7) also for certain testing and assessment activities or for testing and assessment of certain species and breeds of listed livestock.
(4) The Ministry may decide to grant consent to the operation of an embryo transfer centre (Section 18) for the acquisition, cultivation and storage of embryos and egg cells or for the own transmission of embryos.
(5) The decision to grant consent shall be valid for five years from the date of the acquisition of legal authority. The authorised person may request the Ministry to extend the authorisation decision. The request shall be notified to the Ministry no later than 3 months before the date on which the decision is to expire. The decision granting consent may be extended by a maximum of 5 years, including repeatedly. Paragraphs 1 to 3 shall apply mutatis mutandis to the procedure for extending the decision granting consent.
(6) The Ministry shall revoke the decision to grant consent if the beneficiary repeatedly infringes the obligation laid down in this Act or changes the fact applicable to the grant of consent or if the beneficiary so requests in writing.
ENTERTAINMENT OF EXEMPTED ECONOMIC ANIMALS
Breeding activity and breeding measures
The breeding activity and breeding measures consist of:
(a) in setting the breeding target and the population-wide breeding programmes and their implementation;
(b) the identification and registration of the origin, characteristics and characteristics of the listed livestock;
(c) carrying out performance checks, performance tests, performance tests, inheritance checks, assessment of the characteristics, characteristics and health of the listed livestock;
(d) in a qualified estimate of the breeding value of the listed livestock;
(e) keeping herd books or herd registers;
(f) the verification and certification of the origin or identification of the genetic type of breeding animals;
(g) in the evaluation of listed livestock and their targeted selection and allocation in accordance with breeding programmes and objectives;
(h) the protection of the hereditary characteristics and characteristics of a particular population (gene pool) and the maintenance of genetic resources;
(i) the issue of proof of origin and performance of breeding animals;
(j) in the publication of the herd values achieved, the results of breeding and breeding activities.
Recognised breeding associations
(1) The Ministry shall recognise breeders' associations (3) on request as recognised breeders' associations where:
(a) is a legal person;
(b) it has persons who are competent under Paragraph 30 for their activities;
(c) demonstrate that the breed population is sufficiently large to implement an effective breeding programme, including intensive selection and testing, or guarantees the maintenance of the breed, if necessary;
(d) submit a proposal for a breeding objective and a breeding programme to achieve it and how to evaluate the results;
(e) submit a draft order of the herd-book, the particulars of which are laid down by decree, and fulfil the conditions for keeping the herd-book by order,
(f) submit a proposal for keeping records, checking the keeping of the herd book and issuing certificates of origin for breeding animals;
(g) recognition shall not jeopardise the maintenance of a breed or breeding programme of an already recognised breeding association.
The Order sets out the formalities for the application for recognition of the breeding association.
(2) If the applicant fulfils the conditions laid down in this Act, the Ministry shall decide on recognition no later than 60 days after the date on which the application was received; otherwise they shall stop the procedure for the recognition of the breeding association.
(3) The recognition of the Ministry shall cover the breeding objective, the breeding programme, the keeping of the herd book and the rules of the herd book or the keeping of the breeding register and the carrying out of the professional activities referred to in Sections 8, 11 and 13.
(4) The decision to recognise a breeding association shall be valid for 10 years from the date of the acquisition of legal power. The recognised breeding association may request the Ministry to extend the recognition decision. The request shall be notified to the Ministry no later than 3 months before the date on which the decision is to expire. The decision on recognition of a breeding association may be extended by a maximum of 10 years, including repeatedly. The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the procedure for extending the decision on the recognition of a breeding association.
(5) The Ministry shall withdraw recognition if the recognised breeders' association repeatedly infringes the obligation laid down in this Act or changes the fact applicable to its recognition or if the recognised breeders' association so requests in writing.
(6) The recognised breeding association shall assess the implementation of its breeding programme annually and publish its results.
Breeding enterprises
(1) The Ministry shall, upon request, recognise a legal person or association of legal persons (5) or a natural person who is an entrepreneur, (4) as a breeding undertaking if he submits:
(a) the design of the own hybridization programme, on the basis of its own, on the combinational capacity of the breeding lines, which includes the scope and type of the starting lines, the method and methods of performance tests and performance tests, the estimation of breeding value and breeding methods;
(b) an overview of the associated holdings, the frequency of their animal populations and the share of the implementation of the hybridization programme;
(c) a draft order of the breeding register, the particulars of which are laid down in a decree.
(2) If the applicant fulfils the conditions laid down in this Act, the Ministry shall decide on the recognition of the person referred to in paragraph 1 as a breeding undertaking no later than 60 days after the date on which the application was received; otherwise it shall stop the procedure for the recognition of the person referred to in paragraph 1 as a breeding undertaking.
(3) The recognition of the Ministry shall apply to the activities referred to in paragraph 1 and to the pursuit of the activities referred to in paragraphs 8 and 11, for poultry also to Article 7.
(4) The provisions of this paragraph shall apply to domestic and foreign hybridisation programmes carried out in the territory of the Czech Republic, provided that breeding holdings are themselves breeding or buying and further breeding in grandparents' breeding and producing final hybrids, in poultry and breeding fish parents, for the use of their own or contractual breeding. The recognition of breeding holdings is not allowed in bee holdings.
(5) The decision to recognise a person referred to in paragraph 1 as a breeding undertaking shall be valid for 5 years from the date of the acquisition of legal authority. The breeding undertaking may request the Ministry to extend the recognition decision. The request shall be notified to the Ministry no later than 3 months before the date on which the decision is to expire. The validity of the recognition decision may be extended by a maximum of 5 years, including repeatedly. Paragraphs 1 to 4 shall apply mutatis mutandis to the procedure for extending the recognition decision.
(6) The holding is obliged to:
(a) carry out the professional activities referred to in Sections 8 and 11, for poultry also in Section 7;
(b) regularly test the final hybrids, in poultry and breeding fish as well as parents, in testing facilities declared by the Ministry in the Ministry of Agriculture Bulletin, provide for testing day-old poultry and hatching eggs, eggs at eye points and flowed fleets (hereinafter referred to as "fish breeding material") under contractual conditions;
(c) keep a breeding register for own and contractually associated breeding animals;
(d) make it possible to publish the results of the final hybrid testing by the person responsible.
(7) The Ministry shall withdraw the recognition of the person referred to in paragraph 1 as a breeding undertaking if it repeatedly infringes the obligation laid down in this Act or changes the facts relevant for its recognition or if the breeding undertaking so requests in writing.
(8) The Decree provides:
(a) the particulars of the application for recognition as a breeding undertaking;
(b) the methods of testing in testing facilities referred to in paragraph 6 (b);
(c) the requirements for the content of the breeding register.
Performance check, performance tests, performance tests and assessment
(1) The performance check, performance tests, performance tests and assessments (hereinafter referred to as "testing and assessment") shall be carried out in accordance with the procedures laid down in the Decree uniformly throughout the population of the species, breed or type of listed livestock, in accordance with internationally accepted practices.
(2) Testing and assessment shall be provided in breeding or testing establishments by recognised breeders' associations or authorised persons, provided that they have the necessary technical equipment and persons competent under Paragraph 30.
(3) Authorised persons shall:
(a) carry out, under contractual conditions, testing and assessment of listed livestock where the breeder so requests and creates the conditions referred to in paragraph 5 (a);
(b) comply with the testing and assessment procedures laid down in the Decree;
(c) establish the origin, characteristics and characteristics of the listed livestock;
(d) to register the data found and transmit it to the person in charge of the central register; in the event of cessation of activity, to transmit all the information and supporting documents to the person taking over the activity and, where appropriate, to the breeder and to record such transmission;
(e) to provide advice within the scope of their activity.
(4) Health checks and checks on the inheritance of the health of listed livestock are carried out by the veterinary authorities in accordance with specific legislations6).
(5) Breeders whose breeding is subject to testing and assessment are required to:
(a) to create the conditions necessary for the identification of the data needed for testing and assessment;
(b) enable in their breeding, testing and testing of breeding animals by checking the inheritance of the characteristics and health observed to the extent and in accordance with the rules agreed with the authorised persons referred to in paragraph 2, the presentation and assessment of the external characteristics of the listed livestock;
(c) keep the records provided for by the Order;
(d) provide, under the contractual conditions, to the person referred to in paragraph 2, breeding animals, their male and female offspring, hatching eggs and day-old poultry for poultry, their breeding material for breeding fish, for the bees of the mother, selected for joint control or for testing and assessment.
(6) The results of the testing and assessment should be processed by the authorised person and published in conjunction with a recognised breeding association.
(7) The recognised breeding association shall take over the results of testing and assessment carried out abroad as equivalent, provided that it has been carried out in accordance with comparable testing and assessment procedures, conditions and confidence rates.
(8) The Decree provides:
(a) the minimum range of characteristics and characteristics to be monitored for each species and type of listed livestock;
(b) testing and assessment procedures;
(c) the requirements for the content of the records kept by the breeders referred to in paragraph 5 (c) and by the persons referred to in paragraph 2 and the manner in which they are transmitted to the delegate;
(d) periodicity, manner and content of publication of the results of testing and assessment.
Breeding value and evaluation of listed livestock
(1) A qualified estimate of the breeding value and evaluation of the listed livestock shall be made on the basis of the data established in accordance with Article 7.
(2) Breeding values obtained on the basis of the results of domestic testing and assessment are processed by the authorised person and published in conjunction with a recognised breeding association. If the herd values estimated in the country are not available with sufficient confidence, foreign breeding values may also be used if they have been estimated with a higher confidence rate, preferably the values converted by standard methods to domestic level.
(3) Evaluation of cattle, horses, pigs, sheep, goats, pure-bred poultry, runners, breeding fish and bees
(a) recognised breeding associations
1. in the case of breeders in their selection for breeding,
2. in breeding for their recognition as breeding animals,
3. in breeding of breeding fish, also for the recognition and destruction of grandparents' and parents' breeding and evaluation and selection of young generational fish before their inclusion in breeding flocks;
and issue proof of the result,
(b) persons referred to in § 7 (2)
1. in the case of breeding animals included in performance tests and their progeny,
2. in the selection of breeding mothers and in the case of young breeding animals for the purpose of checking the inheritance of performance;
3. in horse performance tests;
(c) livestock holdings
1. in the case of breeders, when selecting them for breeding in their own or contract breeding;
2. in the recognition of their own breeding, grandparents and parents' holdings and, where appropriate, their breeding and exploitation,
(d) breeders in the selection of breeding animals;
(e) the authorised person in the selection of breeding animals of small numbers or imported breeds for which a breeding book is not kept in the Czech Republic.
(4) The evaluation of poultry flocks shall be carried out by breeders and breeding holdings. For the production of hatching eggs, the approval of the competent authorities of the veterinary administration is necessary, for breeding and grandparents' holdings of poultry and parent's holdings of poultry from import, also the certificate of origin of the flock issued by the Czech Breeding Inspection. In the case of parent holdings, the flock shall be certified as of origin by the breeding undertakings themselves.
(5) The Decree lays down, for each species and type of listed livestock:
(a) the minimum range of characteristics and characteristics for which the breeding value is estimated;
(b) procedures for a qualified estimate of the breeding value;
(c) periodicity, manner and content of publication of the results of the assessment of the breeding value;
(d) the manner and criteria for the evaluation and selection of breeding animals, breeding animals, flocks of poultry, breeding fish and bee colonies and the content of the breeding documents.
Breeding books
(1) A separate herd book shall be kept for each breed of listed livestock, with the exception of poultry, breeding fish and bees.
(2) The breeding books are kept by recognised breeders' associations, with the exception of the herd book of the old-kladrub horse, which is kept by the national stallion Kladruba nad Labem, p., and are subject to the obligations set out in § 5 (1) (d), (e) and (f).
(3) Breeding books shall be kept in accordance with the rules of breeding books which they issue in accordance with the order of the person referred to in paragraph 2. According to the order of the herd-books,
(a) register breeders in the herd-book and register their breeding animals if they comply with the conditions laid down in the rules;
(b) to register imported breeding animals, semen donors and animals born after transmission of embryos of the same breed; the registration requirements may not exceed those for the registration of breeding animals born in the Czech Republic,
(c) to check the various provisions of the herd-book rules necessary for its management.
According to the order of the breeding books, offspring born after insemination in the breed of the English purebred and after transfer of embryos from the breed of the English purebred and glider shall not be entered in the herd book.
(4) If a separate breeding book is not kept for small or imported breeds in the Czech Republic, they shall be deemed to be breeding animals if they are entered in a breeding book abroad. Those breeding animals and their evidence shall be subject to the rules laid down in the rules of the herd book of the country concerned.
(5) The Decree lays down the form and layout of the herd book and other requirements for the content of the herd book.
Breeding records
(1) A separate breeding register shall be kept for each breed of poultry, breeding fish and bees.
(2) Breeding records lead to this by recognised breeding associations.
(3) The Decree lays down the requirements for the content of each breed register.
Certificate of origin of breeding animals
(1) The basic data on the origin, performance and reproduction of breeding animals shall be recorded on the basis of the breeder's and own records
(a) persons authorised to carry out testing and assessment;
(b) persons authorised to operate a semen collection centre or to carry out insemination;
(c) persons authorised to operate an embryo transfer centre;
(d) recognised breeding associations;
(e) breeding undertakings;
(f) the authorised person.
(2) Proof of the identity, origin, performance and value of breeding animals, donors of semen, embryos, egg cells, hatching eggs of runners and breeding material of fish intended for sale in or abroad is a certificate of origin for breeding animals (hereinafter referred to as the certificate of origin).
(3) The certificate of origin shall be issued and verified at the request of the breeder by the competent recognised breeding association on the basis of the entry of the animal in the herd-book.
(4) The breeding undertaking shall issue proof of origin of the listed livestock for its contractual holdings on the basis of a breeding register. In the case of poultry and breeding fish, the breeding holding shall issue proof of the origin of the flocks.
(5) The Decree lays down the requirements for the content of the certificate of origin also applicable to imported animals, the semen collection levy, the embryos and the egg cells, the hatching eggs of runners and the breeding material of fish.
Verification and certification of origin and determination of the genetic type of breeding animals
(1) They shall verify the origin of breeding animals and their genetic types shall be determined by authorised persons, provided that they demonstrate that:
(a) are members of the relevant international organisations and comply with the conditions of international comparative tests where such tests are carried out;
(b) are eligible to maintain their own database of data on genetic types of animals used for the verification of origin.
(2) The origin must be verified for:
(a) bulls before selection for breeding;
(b) foals born after insemination, with the exception of the English purebred or the transmission of embryos other than the English purebred and glider;
(c) all foals of the breed of English cloven-hoofed and glider with the exception of (b);
(d) breeding fish included in genetic resources and in breeding;
(e) imported breeding material of bees,
(f) at random in the offspring of tested breeders,
(g) for the exercise of supervisory activities pursuant to § 24.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
HLAVA II
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
HLAVA III
§ 15
§ 16
§ 17
§ 18
§ 19
HLAVA IV
§ 20
HLAVA V
§ 21
HLAVA VI
Díl 1
§ 22
Díl 2
§ 23
§ 23a
§ 23b
§ 23c
HLAVA VII
§ 24
§ 25
HLAVA VIII
§ 26
§ 27
§ 28
HLAVA IX
§ 29
§ 29a
§ 30
§ 31
§ 32
§ 33
HLAVA X
§ 34
§ 35
ČÁST PÁTÁ
§ 39
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Full text of Act No. 16 / 2004 Coll., Act No. 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Animals and on the Amendment of Certain Related Acts (Breeding Act), as seen from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0