Act No. 162 / 1993 Coll.
Act amending and supplementing the Act of the Czech National Council No. 246 / 1992 Coll., to protect animals against abuse
Valid
Effective from 01.07.1993
162
THE LAW
of 19 May 1993
amending and supplementing the Act of the Czech National Council No. 246 / 1992 Coll., to protect animals against abuse
Parliament has decided on this law of the Czech Republic:
1. in Article 3 (a):
"(a) any legal or natural person who, in order to obtain a permanent source of cash income, retains an animal or animals, transports animals, trades animals, operates slaughterhouses, experiments on animals or operates zoos,"
2. in § 3 (h) and (i):
"(h) a dangerous species of an animal which, by virtue of its biological characteristics, has specific requirements may endanger the health and life of a person who may then commit abuse of an individual of that species; The Ministry of Agriculture of the Czech Republic (hereinafter referred to as" the Ministry ') shall determine dangerous animal species by decree,
(i) suffering from the condition of an animal which is caused by unnatural stimuli causing fear, injury, pain, medical disorders or even death, '.
3. in Article 3, the following points (l) and (m) are inserted:
"(l) slaughter of an livestock for use in its products;
(m) the death of an animal without pain, ';
Points (l) to (s) shall be marked with points (n) to (u).
4. Paragraph 4 (c) (1), including the footnote, reads as follows:
'1. restrict the feeding of the animal, including its supply, unless otherwise provided for in the specific regulation, 1a) '.
5. in § 4 (g) read:
"(g) perform surgical procedures to change the appearance of the animal, in particular to copy the ears, destroy vocal cords or use other means to reduce the vocal expression of the animals or, for reasons other than health, to amputate claws and teeth, except in cases referred to in § 7 (3),"
6. in § 4 (k):
"(k) keeping animals in unsuitable conditions or in such a way that they themselves or each other suffer,"
7. In Article 4 (n), the words "injury 'are replaced by" suffering'.
8. In Section 4, the following points (p) and (r) are added:
"(p) overfeed animals, in particular poultry, in large farms in a violent manner;
(r) use live animals to feed those species of animals in which, for biological reasons, such nutrition is not necessary. ';
9.
(1) No one may kill an animal without cause.
(2) The reason for killing is:
(a) the use of farm animal products;
(b) weakness, incurable disease, severe injuries, genetic or congenital defects, general exhaustion or age of the animal, if they are associated with lasting suffering for further survival;
(c) imminent threat to humans by animals;
(d) exercise of the right of hunting and fishing in accordance with special regulations, 2a)
(e) ordered protective and control measures (2b) in the event of a disease (2c) or other animal diseases (2d);
(f) the completion of the experiment on the experimental animal;
(g) regulating the population of livestock, experimental animals, pet animals, human and wild animals, 2e)
(h) measures to combat pests. 2f)
(3) The slaughter of livestock by bleeding may only be carried out after stunning, guaranteeing loss of sensitivity and perception throughout the period of bleeding. Carnage of the animal before bleeding is prohibited. Only a person with expertise can slaughter large livestock. The Ministry shall determine the details by decree.
(4) Exemptions from the provisions of paragraph 3 may be authorised by the Ministry for the needs of churches and religious societies whose rules provide for another method of slaughter of animals. The slaughter must be carried out by a person who is competent to ensure the minimum suffering of the slaughtered animal.
(5) Only a veterinarian or a competent person under Article 17 of this Law may spend it.
(6) Persons carrying out the killing of an animal shall be required to ensure that the animal is dead according to identifiable signs.
(7) Unless otherwise provided for in this law, the following methods of killing animals shall be prohibited:
(a) drowning and other methods of asphyxiation, including the use of farm-type muscle lavants;
(b) the use of such poisons and drugs, the dosage of which does not lead the animal to a deep overall numbness and does not safely cause subsequent death;
(c) beating, stabbing or other methods which cause excessive pain or suffering to an animal;
(d) the use of electricity if there is no immediate loss of consciousness. ';
10. in § 7 (3) (b), the words "if not by cauterisation or surgical extirtation," shall be added at the end.
11. in Article 7 (3) (e), the words "and ridges" shall be inserted after the words "beaks."
12. in Article 8, the words' animals are transported 'shall be inserted after the words' animals';
13.
(1) The breeder is required to ensure at least once a day a careful inspection of the technological equipment and to remove any defect detected in the shortest possible time, so as not to endanger the health and life of the animals.
(2) The breeder is required to have tools and tools readily available for the immediate provision of first aid, assistance in childbirth or sudden illness, and his own rescue tools corresponding to the species of kept animals and the technology used, equipment for loading and unloading animals as well as tools for the immediate stunning and bleeding of an animal in incurable pain or untreatable condition. "
14. Article 12 is deleted.
15. In Paragraph 13 (1), the words "and to take action against animal leakage" are added at the end.
16. In Section 13, the following paragraphs 4 and 5 are added:
"(4) The application for authorisation for breeding shall include:
(a) the name and surname of the responsible person and his / her qualifications;
(b) the species and number of animals kept;
(c) a brief description of the farming and its equipment.
(5) The competent district or urban veterinary administration shall not grant the authorisation referred to in paragraph 3 unless the conditions laid down in paragraph 1 are complied with. The competent district or urban veterinary administration may, by decision of the authorisation, amend or withdraw if the conditions under which it was granted have changed or ceased to exist. The authorisation to breed dangerous animal species shall be issued for three years and may be extended upon written request. The competent district or municipal veterinary authority which has issued the authorisation shall be obliged to supervise compliance with the conditions of breeding at least once a year. It shall keep records of the control carried out for five years. ';
17. After Paragraph 13, the following Section 13a is inserted:
Specific conditions for trade in pet animals
(1) A legal or natural person who, on the basis of a trade licence:
(a) breeding animals intended for the purposes of trade in or trade in pet animals;
(b) operates a riding or riding undertaking;
is obliged to notify the competent district or municipal veterinary authorities of the exercise of business within one month of the start of the business.
(2) If the competent district or municipal veterinary administration finds a serious or repeated breach of the obligations of a legal or natural person referred to in paragraph 1 provided for by this Act, it may submit a proposal to the competent trade office to suspend or suspend the trade authorisation pursuant to Article 58 (2) (a) of Act No. 455 / 1991 Coll., on business activities (Trade Act).
(3) The legal or natural person who trades in pet animals shall keep records of the animals purchased and sold, including the proof of origin of the animal, and shall keep it for three years. ';
18. Paragraph 14 (1) reads as follows:
"(1) It is prohibited to fish for animals
(a) by means of iron, ok, bat and net,
(b) by means of toxic baits and poisons in any form including gasification;
(c) to the hawk baskets and by means of gluten;
(d) explosives;
(e) by bow and crossbow;
(f) by means of electricity, unless the exercise of the right is governed by specific regulations. 3a) '.
19. At the end of Paragraph 15 (4), the sentence "Wandering and stray pets shall not be used for experiments."
20. In Paragraph 19 (1), the words "Czechoslovak Academy of Sciences' are replaced by the words" Academy of Sciences of the Czech Republic '.
21.
"(2) The Central Commission shall be set up, appointed and removed by the Minister for Agriculture, in agreement with the Minister for the Environment, from experts proposed by the competent authorities, the Scientific Society on Laboratory Animals and Civil Associations involved in the performance of animal protection tasks. ';
22. at the end of Paragraph 21 (3) (f), the words "and controls the issue of authorisations under § 23 (1) (a) of this Act" are added.
23. in Article 21 (3), the following point (g) is added:
"(g) approve the rules for keeping and testing animals.";
24.
Only an expert who has reached the age of 18 years may be responsible for the supervision and has obtained a certificate of competence after successful completion of the examination according to the test schedule and has demonstrated, in the course of the examination, knowledge of the legislation relating to the activity carried out by him. The test schedules shall be approved by the Ministry on a proposal from the Central Commission and the tests shall be carried out by the Central Commission. ';
25. in Paragraph 28 (1), the following point (d) is added:
"(d) suffer from the abuse of animals by minors or incompetent persons for whom he is responsible."
26. In Paragraph 28 (2), the amount "5 000 CZK 'is replaced by" 10 000 CZK' and the amount "10 000 CZK 'is replaced by" 15 000 CZK'.
27. After Paragraph 28, the following Section 28a is inserted:
Specific measures
(1) On a proposal from the district or municipal veterinary administration, the municipality may, by administrative decision, order the removal of an abused animal, if his health so requires. An appeal against a decision to withdraw an animal shall not have suspensory effect.
(2) The costs associated with the removal and subsequent care of the animal shall be borne by the person to whom the animal has been taken.
(3) The costs of treating an animal which has been abused and damaged to its health shall be borne by the person who caused this condition, even if they exceed the value of the animal.
(4) The costs referred to in paragraphs 2 and 3 shall be decided by the municipality in the administrative procedure. ';
28.
The Ministry, acting on a proposal from the Central Commission, shall, by decree, lay down detailed conditions for the breeding and use of experimental animals, the marking and keeping of which are to be recorded, the composition and the activities of the expert commissions (pursuant to Paragraph 18 (3)) and the extent of the expertise necessary for the certificate of competence of the worker, including the method of carrying out tests and certification. '
Decree of the Ministry of Agriculture No 119 / 1993 Coll., setting out the reasons for the killing of the animal, is hereby repealed.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of the Laws of the Czech Republic the full text of the Act on the Protection of Animals against Torture, as is apparent from the later regulations.
This Law shall take effect on 1 July 1993.
Uhde v. r.
Havel v. r.
Klaus v. r.
1a) For example, Decree No. 117 / 1987 Coll., on Animal Health Care, Decree No. 121 / 1987 Coll., on the Health Assurance of Animal Products.
2a) Act No. 23 / 1962 Coll., on hunting, as amended by Act No. 146 / 1971 Coll., Act No. 96 / 1977 Coll., Act No. 143 / 1991 Coll. and Act No. 270 / 1992 Coll. (full version No. 512 / 1992 Coll.). Decree No. 20 / 1988 Coll., implementing the law on hunting. Act No. 102 / 1963 Coll., on Fisheries. Decree No. 103 / 1963 Coll., implementing the Fisheries Act.
2b) § 23 of Act No. 87 / 1987 Coll.
2c) § 31 paragraph 1 (c) of Decree No 117 / 1987 Coll.
2d) § 30 (3) of Decree No. 117 / 1987 Coll.
2e) Act ČNR No. 114 / 1992 Coll., on the conservation of nature and landscape.
2f) Decree No. 62 / 1964 Coll., which issues implementing regulations for the plant development law.
3a) Act No. 102 / 1963 Coll. Decree No. 103 / 1963 Coll.
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Regulation Information
| Citation | Act No. 162 / 1993 Coll., amending and supplementing the Act of the Czech National Council No. 246 / 1992 Coll., to protect animals against abuse |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.1993 |
|---|---|
| Effective from | 01.07.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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