Full text of Act No. 167 / 1993 Coll.
Act of the Czech National Council for the Protection of Animals against Torture (full text as shown by later amendments and additions)
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167
_
Announces
full text of the Act of the Czech National Council for the Protection of Animals against Torture of 15 April 1992 No. 246 Coll., as follows from amendments and additions made by the Act of 19 May 1993 No. 162 Coll.
THE LAW
Czech National Council
for the protection of animals against abuse
The Czech National Council decided on this law:
Animals, like humans, are living creatures capable of feeling pain and suffering at different degrees, and therefore deserve the attention, care and protection of humans.
GENERAL PROVISIONS
Purpose of the law
The purpose of the law is to protect animals that are living creatures capable of feeling pain and suffering, from abuse, harm and death without cause, if they were caused, even by negligence, by man.
(1) The abuse of animals, both wild and kept in human care, is prohibited.
(2) All forms of promotion of animal abuse shall be prohibited.
For the purposes of this Act:
(a) any legal or natural person keeping an animal or animals for the purpose of obtaining a permanent source of cash income shall transport animals, trade in animals, operate slaughterhouses, experiment on animals or operate zoos;
(b) animal vertebrate animals other than humans but not foetuses or embryos;
(c) an experimental animal which is used for experimental purposes; it is handled and produced and induced processes which do not exist under natural conditions;
(d) a wild animal which is present in nature and is not in direct human care;
(e) a pet animal for which the economic effect is not the primary purpose of breeding, either kept on premises intended for or in a household whose breeding is primarily used by the interests or personal consumption;
(f) an animal under human care which is directly dependent on immediate human care;
(g) a dangerous animal which, in a given situation, is directly threatening a human being;
(h) a dangerous species of an animal of a species which, due to 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;
(j) excessive pain pain not consistent with the nature of the procedure needed;
(k) livestock used for economic purposes, in particular cattle, pigs, sheep, goats, hoofed and aquatic poultry, solipeds, rabbits, fur animals and fish;
(l) slaughter of a farm animal for use in its products;
(m) the death of an animal without pain;
(n) breeding establishment of the establishment where the animals are kept for experimental purposes,
(o) supply facilities for the supply of animals for experimental purposes,
(p) user equipment of the establishment where the animals are used for experimental purposes;
(r) a basic research project, a set of animal experiments aimed at obtaining new knowledge;
s) testing the standard technique described precisely, which is repeated periodically;
(t) search for animal experiments to verify scientific conjecture;
(u) security guarantees for experimental verification of influence
1. means intended for clinical trials in human and veterinary medicine;
2. means intended for human and animal consumption;
3. means and natural forces which can directly or indirectly affect the environment.
Abuse shall be deemed to be
(a) force the animal to perform which do not correspond to its physical condition and biological abilities and which clearly exceed its powers;
(b) subject the animal to training or use it for public appearance or similar purposes where it is associated with pain, suffering or damage;
(c) for reasons other than health or experimental reasons,
1. restrict the feeding of the animal, including its supply, unless otherwise provided for in the specific regulation, 1a)
2. the administration of food to an animal containing ingredients or articles that cause or otherwise harm pain, suffering,
3. restrict the freedom of movement necessary for an animal of a particular species without the need to, if the restriction would cause the suffering of the animal,
(d) release a weak, incurable sick, exhausted or old animal for which further survival is associated with lasting pain or suffering for a purpose other than immediate and painless killing;
(e) the administration of animal doping agents and other harmful substances in order to alter their performance or appearance;
(f) to practice or test an animal on another live animal, to use other live animals as temptations, to drive the animals against each other without requiring hunting or preparing the animal to be released into the wild;
(g) perform surgery to change the appearance of the animal, in particular to copy the ears, destroy the vocal cords or use other means to reduce the vocal manifestations of the animals or, for reasons other than health, to amputate claws and teeth, if not for the cases referred to in Article 7 (3);
(h) use stimuli, articles or pain-inducing devices in such a way as to cause clinically evident injury or subsequent long-term clinically evident negative changes in the functioning of the nervous system or other animal organ systems;
(i) to administer to the animal, without the consent of a competent veterinarian (1), veterinary medicinal products and preparations (2) (hereinafter referred to as "products"), with the exception of products which are freely marketed, blood operations and injection applications, unless carried out by a person who is competent, (1) not for animal experiments;
(j) cause unreasonably disproportionate effects of stress of a biological, physical or chemical nature;
(k) keeping animals in inappropriate conditions or in such a way that they themselves or each other suffer;
(l) intervene in the course of childbirth in a manner which does not correspond to the difficulty of childbirth, increases pain or damages the health of both mother and cub,
(m) treat, transport or power the animal in a way that causes or causes disproportionate pain, suffering or harm to health,
(n) use means of suffering to bind the animal;
(o) kill the animal in a manner which causes excessive pain or suffering;
(p) overfeed animals, in particular poultry, in large farms in a violent manner;
(r) use live animals to feed those species where, for biological reasons, such nutrition is not necessary.
(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 unless there is an immediate loss of consciousness.
No one must leave the animal with the intention of getting rid of it or banishing it. The release of the animal into its natural environment shall not be regarded as leaving the animal if appropriate in terms of animal status and environmental conditions.
(1) Except for animal experiments (Part Three), interventions that cause pain can only be performed after total or local numbness of the animal by a person who is competent. 1)
(2) Insensitivity is not required,
(a) if there is no numbness in the presence of comparable procedures in humans,
(b) if, according to the judgement of the veterinarian, numbness is not feasible or necessary or would cause pain greater than the surgery itself.
(3) Insensitivity is also not required if:
(a) castration of calves, piglets, kids, lambs and male rabbits under 8 weeks of age who are not suffering from an anatomical defect;
(b) defrosting or controlling the growth of horns in calves aged up to 8 weeks, unless they are carried out by cauterisation or surgical extirtation, as appropriate;
(c) shortening of the tail in piglets, lambs and puppies under 8 days of age;
(d) removal of rooster spurs during the first day of life;
(e) the cauterisation of the beaks and ridges of wild poultry;
(f) extirpation of the teeth of the suckling piglets,
(g) the labelling of the animals, in particular their tattoos and earcurings, and if the procedure is carried out by persons who are competent (1)
The breeder shall be obliged to allow the staff of the animal protection authorities to supervise compliance with the provisions of this law and of generally binding legislation issued on its basis in respect of entry into the premises of breeding, premises in which commercial activities with animals are carried out, animals are transported, farmed animals are slaughtered or animal experiments are carried out.
PROTECTION OF ECONOMIC ANIMALS, ANIMALS IN INTERESTED ANIMALS AND FREE LIVING ANIMALS
Protection of livestock
In the case of livestock farming, the following shall be prohibited:
(a) keeping the animal in isolation if it is caused by suffering, unless specifically required, 3)
(b) keeping animals in such large or so arranged groups or in such premises;
1. in which the degree or frequency of attacks cause them suffering;
2. which do not allow natural rest or proper care,
3. in which they cannot satisfy their needs in food and water or other needs necessary for their life and health.
If the damage to the animals is demonstrated as a result of inappropriate technology, the breeder shall modify or amend the technology; Where technological equipment and construction are concerned, the Ministry shall determine the time limits and manner in which they are modified or amended.
(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.
repealed
Protection of pet animals
(1) Everyone is required to ensure adequate conditions for the maintenance of his or her physiological functions and for his or her biological needs so as not to cause pain, suffering or harm to the health of the animal, and to take measures to prevent the release of animals.
(2) It shall be prohibited to keep pet animals if the breeder or citizen has created such conditions of breeding that, in future generations of animals due to inheritance, parts of the body or organs will be missing or if the organs of the animals become functionally unfit or deformed.
(3) The breeding of dangerous animal species, both individuals and groups, other than those of zoos registered by the State, is subject to the approval of the district or municipal veterinary administration responsible for the place of rearing the animal.
(4) The application for authorisation for breeding must 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.
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 a record of the animals purchased and sold, including the proof of origin, and shall keep it for three years.
Protection of wild animals
(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)
(2) The capture and killing of wild animals belonging to quarantine pest groups.3), 4)
(3) The operator of the catching gear must operate them in such a way that the animals caught are not abused.
PROTECTION OF FOOD
(1) Animal experiments (hereinafter referred to as "experiments") are considered to be operations on live animals or handling them for the purpose of:
(a) verification of scientific conjecture and the acquisition of new knowledge;
(b) diagnosis;
(c) the development and verification of a biological product, including the determination of its effect and the acquisition of such a product;
(d) testing;
(e) the use of the animal in experimental examination of its reactions;
(f) teaching.
(2) Attempts may only be conducted in user facilities which have been authorised by the Central Commission for Animal Protection ("the Central Commission '), hereinafter referred to as" accreditation', with the necessary competent personnel and equipment suitable for the species and quantity of experimental animals concerned.
(3) Experiments may be allowed only after verification that knowledge or use of such knowledge cannot be ensured in the present situation by other methods or procedures, provided that the expected pain, suffering or damage to experimental animals is ethically justified and is necessary for the reasons of:
(a) the prevention, knowledge or treatment of diseases, suffering, health damage, bodily distress or the detection of physiological conditions and functions of humans or animals;
(b) knowledge of environmental damage;
(c) basic research and search research;
(d) verification of the safety of substances or products for human or animal health or their effectiveness against pests;
(e) production of serum, vaccines, diagnostics, other biological materials and medicines;
(f) the conservation or reproduction of living material for scientific purposes;
(g) teaching in secondary and higher education, post-graduate studies or lifelong learning of citizens, 5) mainly in the field of medicine and science, unless the purpose can be achieved otherwise.
(4) Experiments shall be carried out preferably on animals for these purposes kept, appropriate to quality, defined and standardised in terms of genetic, health and environmental conditions. Wandering and stray pets shall not be used for experiments.
(5) Experiments on animals to develop testing of weapons, ammunition and equipment shall be prohibited.
Legal and natural persons conducting animal experiments shall:
(a) ensure that the animal is not affected by pain, suffering or damage beyond the extent necessary for the purpose pursued by the experiment;
(b) conduct experiments which cause greater than slight pain only for local or general numbness, unless the purpose of the numbness test is excluded;
(c) use animals only once for experiments causing pain or suffering unless repetition is part of the experiments;
(d) ensure adequate care and veterinary care for experimental animals, in particular their appropriate breeding, nutrition, drinking, adequate space and microclimate;
(e) prepare and plan experiments in advance, use only appropriate methods and appropriate animal models, thereby reducing the number of animals used;
(f) comply with the principles of conservation of nature and protection of endangered species when using non-experimental animals;
(g) to carry out the killing of experimental animals and animals excluded from experiments without suffering and pain.
Manage and control of experiments on animals are authorised by doctors, veterinary surgeons and persons with other higher education in the biological direction, provided that they have been shown to have been familiar with methods of breeding and working in experimental animals and have been certified by the competent animal protection authority during the course of their studies, postgraduate studies or continuing lifelong learning (5).
(1) Breeding and supply establishments are required to keep and keep records for a period of three years
(a) the number and type of animals sold and the date of their sale, indicating the name, surname and address of the consignee;
(b) the number and species of dead animals.
(2) User facilities are required
(a) establish within an establishment the person responsible for the care of experimental animals;
(b) ensure veterinary care and treatment of experimental animals;
(c) keep records of all experimental animals used, in particular the number and type of experimental animals, their origin and date of arrival. Such records shall be kept for at least three years.
(3) User facilities are set up by expert commissions which:
(a) check the fulfilment of the obligations laid down in paragraph 2;
(b) express their views on the proposed projects of basic research, search research, testing and security guarantees and submit them to the competent national authority (Section 23);
(c) allow the personnel of the user facility to conduct experiments;
(d) verify the professional competence of staff with secondary education and care of experimental animals and issue certificates thereof;
(e) submit summary reports on the activities referred to in points (a) to (d) to the competent authority (§ 23).
(4) In each breeding, supplier or user establishment, dogs, cats and non-human primates shall be marked with a permanent identification mark before being weaned from the mother, except where such animals are transferred from one establishment referred to in paragraph 1 to another before being weaned and for practical reasons the animal cannot be pre-marked; in this case, the receiving establishment shall keep all data relating in particular to the mother until the identification of the animal.
(5) The recording of each establishment shall show details of the identity and origin of each dog, cat and non-human primate.
ANIMAL PROTECTION AUTHORITIES
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Regulation Information
| Citation | Full text of Act No. 167 / 1993 Coll., Act of the Czech National Council for the Protection of Animals against Torture (full text as shown by later amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.1993 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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