What is Full text of Act No. 409 / 2008 Coll.?

Full text of Act No. 409 / 2008 Coll., Act No. 246 / 1992 Coll., for the protection of animals against abuse, as resulting from subsequent amendments — Full text of Act No. 246 / 1992 Coll., for the protection of animals against abuse, as resulting from subsequent amendments.

When it became Full text of Act No. 409 / 2008 Coll. effectiveness?

Full text of Act No. 409 / 2008 Coll. became effective date not available.

Is Full text of Act No. 409 / 2008 Coll. still valid?

Yes, Full text of Act No. 409 / 2008 Coll. is still valid and effective.

Full text of Act No. 409 / 2008 Coll. - Full text of Act No. 246 / 1992 Coll., f...

409

PRESIDENT OF THE GOVERNMENT

Announces

full text of Act No. 246 / 1992 Coll.,

for the protection of animals against abuse, as is apparent from the changes made by Act No. 162 / 1993 Coll., Act No. 193 / 1994 Coll., Act No. 243 / 1997 Coll., the Constitutional Court found, published under Act No. 30 / 1998 Coll., Act No. 77 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 77 / 2006 Coll. and Act No. 312 / 2008 Coll.

THE LAW

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.

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Purpose of the law

(1) The purpose of the Act is to protect animals that are living creatures capable of feeling pain and suffering, from abuse, harm and death without reason, if they have been caused, even by negligence, by man.

(2) This law incorporates the relevant provisions of the European Community1) and regulates, following the directly applicable provisions of the European Communities (1a)

(a) the requirements and conditions for the protection of animals against abuse;

(b) the rights and obligations of natural and legal persons in the area of the protection of animals against abuse, including their qualification and competence requirements; and

(c) the system, scope and competence of the authorities performing the administration on the section for the protection of animals against abuse.

§ 2

(1) Animal abuse is prohibited.

(2) All forms of promotion of animal abuse shall be prohibited.

§ 3

For the purposes of this Act:

(a) any live vertebrate animal except humans, but not of the fruit or embryo;

(b) a wild animal belonging to a species the population of which is kept in the wild spontaneously, even in the case of captive breeding;

(c) an animal under human care which is directly dependent on immediate human care;

(d) an animal kept by the farm animal for the production of animal products, wool, leather or fur, where appropriate for other economic or commercial purposes, in particular cattle, pigs, sheep, goats, horses, donkeys and their cross-breeds, poultry, rabbits, fur animals, game and other farmed animals and fish, including animals produced as a result of genetic modifications or new genetic combinations;

(e) a pet animal for which the economic effect is not the primary purpose of breeding, either in premises intended for or in a household, the breeding of which primarily serves the interests of a person, or an animal serving a person as his companion;

(f) a handicapped animal, a wild animal which, as a result of injury, illness or other circumstances, is temporarily or permanently unable to survive in the wild;

(g) the species of animal requiring special care, the species of pet animal which, due to its biological characteristics, has special treatment requirements, location, feeding, drinking and, where appropriate, treatment;

(h) a stray animal in human care which is not under the permanent control or supervision of a natural person or breeder and which moves freely outside its housing, premises or the household of its breeder;

(i) an abandoned animal, originally in human care, which is not under the direct control or supervision of a natural person or breeder and it appears from the facts found that its breeder has left it with the intention of disposing of it or expelled it;

(j) an experimental animal of any animal used or intended to be used for experiments, including wild animals, independent life-forms capable of larval forms or reproduction capable of larval forms;

(k) any legal or natural person holding or rearing (hereinafter referred to as "breeding") an animal or animals, whether permanently or temporarily, moves an animal, or trades in animals, operates slaughterhouses, shelters, rescue stations, hotels and pensions for animals or zoos 1b), carries out experiments on animals or animals or organise public appearances thereof;

(l) a laboratory animal which has been bred in a breeding establishment for experimental purposes;

(m) suffering from an animal's condition caused by any stimulus or procedure which the animal cannot dispose of itself and which causes pain, injury, medical disorder or death in the animal;

(n) excessive pain pain not consistent with the nature of the procedure needed,

(o) killing any action or action which causes the death of an animal;

(p) slaughter of animals for slaughter (1c) in order to use their products;

(r) the killing of an animal, where possible painlessly, by veterinary means and equipment, carried out by or under the control of a veterinarian, by a person competent under Article 17 (1);

(s) by harming the death of an animal as a result of the painful or other suffering of an animal acting on the part of a person who survives the animal but which results in the need for its death due to suffering or the death of the animal by prohibited methods (Sections 5 (8) and 14 (1)),

(t) by duplicating ear cosmetic surgery on both sides of the head of the animal, resulting in loss of earache in a similar shape, thereby changing the appearance of the animal,

(u) by an attempt at any use of the animal for experimental or other scientific purposes which results in or is capable of causing pain, anxiety or suffering in the animal, or which may lead to permanent damage or a burden on the natural way of life of the animal, or which, as a result of operations or operations carried out, results in or may lead to the birth of an animal with such damage; if the animal's suffering or permanent harm has been ruled out by successful use of means of general or local numbness, pain-reducing agents or other methods, are also considered as an experiment. Veterinary medicinal, preventive and diagnostic actions, insemination and transfer of embryos, slaughter of animals or marking of animals in breeding and farming as referred to in Article 15 (8) are not an experiment under this law,

(v) a project of experiments, expressed in writing by the intention and objective of the animal experiment, which must include the identification of the user installation and its accreditation data (§ 15 (2)), in particular the designation of the person responsible for the care of animals in the user establishment; the trial project must also include the designation of the person who is entitled to manage the experiment (the trial leader), the justification for the experiment, the identification of the species of the experimental animals, their number and origin, the setting of conditions for the conduct of the experiment and animal health conditions, including the establishment of a binding methodology of the experiments and the way in which the experiment is carried out and the completion of the experiment,

(w) establishment of the establishment, institute, building, complex buildings or other premises in which the animals are operated; these may be devices which are not completely fenced or covered, as well as movable devices,

(x) breeding establishment of the establishment where laboratory animals are kept,

(y) supply facilities for the supply of laboratory animals,

(z) user equipment of the establishment where the animals are used for experiments;

(aa) transport of live animals in means of transport1c, including loading, unloading or transhipment;

(bb) intensive breeding where breeding methods are used in which livestock are kept in such numbers or density, or under such conditions, or at a level of production that their health and well-being depend on the frequent supervision of humans.

§ 4

(1) 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 public appearance or similar purpose, where this is associated with the pain, suffering, injury or other damage, as well as the raising, training or use of the animal for aggressive behaviour towards humans or other animals;

(c) for reasons other than health

1. restrict the feeding of the animal, including its supply, unless otherwise specified in the specific regulation (1d);

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 exercise or test an animal on another live animal, with the exception of the training of a hunting predator (1e), to use other live animals as a lure or a trap without requiring a lov1g), to drive animals against each other without requiring the hunting, training or use of a shepherd's or shepherd's dog, to prepare the animal for its release into the wild or for the activity referred to in Article 14 (8);

(g) perform surgical procedures to change the appearance or other characteristics of the animal, even if those procedures would be carried out using devices for general or local numbness, painkillers or other methods, not including cases referred to in § 7 (3) and (4), in particular:

1. to copy the ears, destroy the vocal cords or use other means to reduce the vocal manifestations of animals or to amputate claws, teeth, poison or odour glands for reasons other than health,

2. for reasons other than health, cut antlers or parts of antlers in the development phase of live tissue;

3. damage the bones, muscles or nerves of birds' wings over 3 days of age to prevent them from flying;

(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 the veterinarian (1f) veterinary medicinal products and preparations (2), except those which are freely marketed, blood operations, unless they are carried out by a person who is competent (1f); such operations shall not be considered as hoofing or undercutting operations;

(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, for binding or otherwise restricting the movement of the animal, the means which the animals cause or can be expected to cause, injury, pain or other harm to health;

(o) kill the animal in a manner which causes excessive pain or suffering;

(p) overfeed or feed the animal in a violent manner, unless it is necessary to save its life or maintain its health;

(r) use live animals to feed those species where, for biological reasons, such nutrition is not necessary;

(s) leave the animal with the exception of a wild animal with the intention of getting rid of it or banishing the animal;

(t) when handling live fish, to dispose of fish scales or fins, to insert fingers or fingers into gills, or to push fingers into their pupils or to force them out of eggs or milk, unless it is research and artificial fish farming and the procedure laid down by the Fisheries Act and the Nature and Lands1g Act);

(u) indicate the animal by freezing, with the exception of fish, and indicate the animal by burning, with the exception of horses, where provided for in specific legislation 1h);

(v) keeping the animal in a manner or in areas contrary to specific legislation1i;

(w) use electrical current to limit the movement of the limbs or the body of the animal except for the use of electrical fuses or devices for the electric stunning and killing of animals, or to catch fish under special legislation (1g);

(x) any other action which results in suffering the animal.

(2) The provisions of paragraph 1 shall not apply to operations or activities:

(a) associated with the urgent need to save animals or humans in emergency rescue situations under special legislation1j);

(b) carried out according to an approved experiment project.

(3) Paragraph 1 (b) shall not apply to the education, training and use of an animal for the performance of tasks assigned to the armed forces, security forces or municipal police by special legislation1k), as well as to the education and training of dogs carried out by breeders' associations or organisations in the interest. This method of education and training must be carried out in accordance with the approved animal protection rules at public appearance (§ 7a (1)).

§ 4a

In particular, the promotion of abuse shall be:

(a) the exhibition, other demonstration or demonstration of an animal at which the procedure referred to in Article 4 (1) (g) has been carried out in public appearance;

(b) publication of a description or depiction leading to the procedures, practices of breeding or training, capture or killing, adjustments to the appearance of the animal and to its state of health associated with the abuse of the animal as defined by this law, unless the accompanying information is indicated or otherwise indicates that the activities prohibited by this law are involved.

§ 5

(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) the exercise of the right of hunting and fishing in accordance with special legislation2a),

(e) ordered emergency veterinary 2b) or sanitary measures 2c) for protection against diseases 2d),

(f) the completion of the experiment in an experimental animal, unless otherwise specified in the experiment project;

(g) regulating the population of animals in human care and wild animals; This is without prejudice to the provisions of specific legislation2a), 2e),

(h) deratization2c) and measures to combat harmful organisations2f);

(i) specific measures imposed in case of impossibility to identify the animal under special legislation2g).

(3) The slaughter of animals for slaughter (1c) may be carried out only after stunning, guaranteeing loss of sensitivity and perception throughout the period of bleeding. Carnage of the animal before bleeding is prohibited.

(4) For the industrial processing of fish, the competent authority of the veterinary administration may authorise an exemption from paragraph 3 where the technology allows the processing of fish immediately after their slaughter.

(5) Exemptions from the provisions of paragraph 3 may be authorised by the Ministry of Agriculture (hereinafter referred to as "the Ministry ') for the needs of churches and religious society2h, whose rules provide for a different method of slaughter of animals. The church or religious society may carry out such slaughter of animals only under the animal health conditions laid down by the veterinary authority for each establishment. The slaughter must be carried out by a person who is competent to ensure the minimum suffering of the slaughtered animal.

(6) Only a veterinarian, a competent person referred to in Article 17 (1) or an adult may spend the costs, but only under the professional supervision of a veterinarian or a competent person referred to in Article 17 (1).

(7) Persons carrying out the killing of an animal shall be required to ensure that the animal is dead according to identifiable signs.

(8) 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 substances and products2i), 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;

(e) the use of adhesives and other similar means that restrict the movement of the animal in the long term by killing the animal due to lack of food or liquids or other metabolic disorders.

(9) The production, import and sale of jaws and adhesive traps shall be prohibited.

ČÁST DRUHÁ

PROTECTION OF ANIMALS IN CONSIDERATION, USE OF CONFORMITY AND PROTECTION OF ANIMALS IN THE PUBLIC SECTIONS

§ 5a

Common provisions

(1) During transport, movement, exaggeration, housing, fixation or stunning for slaughter, killing or other killing of the animal, during slaughter, killing or killing of the animal, the animal must not be subjected to any pain or suffering other than that necessary.

(2) slaughterhouses must be designed in such a way that their equipment and organisation spare the slaughtered animal suffering.

(3) Tools, materials, equipment and equipment for fixation, stunning, slaughter, spent or otherwise killing animals must be constructed, maintained and used in such a way that the operations carried out are carried out quickly and efficiently.

(4) Equipment and suitable replacement stunning tools must be stored at the slaughter premises so that they can be used in an emergency.

(5) The operator of an establishment which carries out the slaughter, spent or other killing of an animal shall ensure the maintenance and periodic control of the tools, materials, equipment and equipment used to fix, stun, kill or spend the animals. Documents of the results of such checks shall be kept for a period of 3 years and submitted on request to the competent animal protection authority.

(6) Persons carrying out slaughter of animals for slaughter in slaughterhouses shall have the professional qualifications laid down by the Ministry by implementing legislation; other persons carrying out activities related to the overlaying, housing or fixation of such animals must be instructed by the slaughterhouse operator to carry out those activities in a qualified manner.

(7) The slaughterhouse operator shall keep documentation of the professional competence of persons carrying out the activities referred to in paragraph 6. The slaughterhouse operator shall keep this documentation for 3 years after the end of the operation of these persons and submit it to the competent animal protection authority on request.

(8) The provisions of paragraphs 1 and 3 shall apply mutatis mutandis to domestic slaughter, to slaughter at the farm (2j) and to slaughter outside the slaughterhouse.

§ 5b

Defeat or spend of sick, exhausted or injured animals

(1) Where the survival of a sick, exhausted or injured animal is associated with an inadequate suffering, its slaughter or killing shall be carried out at the place where the disease, exhaustion or injury occurred, under the conditions laid down by the specific legislationm2).

(2) If the breeder intends to transport a sick, exhausted or injured animal for slaughter in a slaughterhouse and if this is not contrary to special legislation (m2), he shall require an examination and evaluation of the condition of the animal by a veterinarian who shall assess the fitness of the animal for transport and, if agreed, state this in the documentation issued under the specific legislation2). The breeder shall be obliged to satisfy himself, before the transport of that animal begins, that the animal will be accepted at the slaughterhouse and can only then start the transport; in doing so, take measures to ensure that the animal is transported gently, by the shortest route and to the nearest slaughterhouse. The length of the journey shall not exceed 100 km. The breeder shall not transport animals whose transport is prohibited by the provisions of the European Communities directly applicable to the protection of animals during the transport and official control of products of animal origin intended for human consumption (1a), (2k).

(3) A person operating an animal slaughter, killing or other killing facility is required to ensure that animals which have been killed, killed or otherwise killed during transport to an establishment or exaggerated in an establishment for suffering or painful conditions. This applies mutatis mutandis to the killing of unweaned pups. If this is not possible, these animals shall be kept separately and slaughtered, killed or killed as soon as possible, but not later than two hours after their transport or overkill. Animals which are unable to move shall not be moved or towed in that establishment to the place of slaughter, spent or killed. Such animals shall be killed where they are lying or, if possible and does not cause unnecessary suffering, they may be transported in a wheelchair or moving platform to a place of slaughter, spend or other means of killing.

§ 5c

Requirements for unloading and overloading animals in slaughterhouses

(1) During unloading and overloading the animal at the place of slaughter, the animal must be treated with care, taking into account its tendency towards herd behaviour. If the conditions allow, the animals are transferred individually.

(2) Bridges, ramps and alleys must be designed to minimise the risk of injury to animals and must be adapted to take advantage of the animal's herd instinct; the path must be free without obstacle and its lighting must not create sharp shadows.

(3) Only tools intended for this purpose and only for a short period of time may be used for hunting, directing and driving animals. It is forbidden to beat, dig or exert pressure on its particularly sensitive areas, including the eyes and sexual organs, crush, twist, or break the animal's tail.

(4) A drive tool using an electrical discharge can only be used

(a) in the case of adult bovine animals and pigs, where they refuse to move;

(b) by attaching it to the muscles of the rear limbs,

(c) if the animal has sufficient space to move forward;

(d) if the electrical discharge does not last more than 1 second; discharges shall be appropriately distributed over time and shall not be re-used unless the animal reacts.

(5) A slaughter animal may be introduced into the area of slaughter only if it is immediately slaughtered.

(6) A slaughter animal which is not directly transferred to the slaughterhouse after completion of its transfer to the slaughterhouse must be provided by the slaughterhouse operator

(a) protection against adverse climatic conditions;

(b) the permanent possibility of drinking water which does not endanger his health.

(7) A slaughter animal which is not slaughtered within 12 hours of completion of its movement to a slaughterhouse must be provided by the slaughterhouse operator

(a) appropriate housing;

(b) an adequate quantity of healthy feed;

(c) the possibility of continuous water supply which does not jeopardise his health;

(d) care as an animal in breeding.

(8) Details are provided by the Ministry by implementing legislation.

§ 5d

Requirements for the transport of animals to slaughterhouses in containers

Animals that are delivered to slaughterhouses in containers and are not immediately slaughtered or are not slaughtered until the end of the working shift, the slaughterhouse operator is obliged to ensure their connection, feeding and protection against adverse climatic conditions (§ 5c (6) and (7)).

§ 5e

Fixing of animals before stunning, slaughter or killing

(1) The animal must be fixed before slaughter, culling or other killing. It shall be prohibited to bind the limbs of the animals and to hang the animals before stunning or culling, except for poultry and rabbits. Rabbits and poultry must be calmed down before stunning.

(2) Where an animal is slaughtered for the purposes of a church or religious society (2h), the rules of which provide for a different method of slaughter (ritual slaughter) and to which the Ministry has granted an exception pursuant to Article 5 (5), the immobilization of the animal shall be carried out to prevent undue suffering from the animal.

(3) Poultry and rabbits may be hung before stunning only provided that measures are taken to be in a physical state at the time of stunning which allows it to be carried out in an efficient and rapid manner.

(4) Animals which are stunned by a mechanical or electrical device applied to the head of the animal must be in such a position that the apparatus can be used for a specified time and stunning is carried out in an efficient and rapid manner.

(5) It is prohibited to use electrical equipment for stunning as a means of fixation or as a propulsion device for animals.

§ 5f

Animal stunning procedures

(1) In order to stun an animal in a slaughterhouse, only:

(a) apparatus incorporating a projectile;

(b) mechanical impact apparatus;

(c) electric stunning apparatus,

(d) carbon dioxide (hereinafter referred to as "CO2 gas") or a mixture of gases according to a specific legislation2).

(2) The stunning of the animal referred to in paragraph 1 may be carried out provided that the animal is immediately bled out; This does not apply to the industrial processing of fish.

(3) It is prohibited to use the canine to stun the animal; the use of a hammer, mallet or similar instrument is also prohibited in slaughterhouses.

(4) The competent person responsible for slaughter must check that the stunning device complies with its parameters for effective stunning of the species and category of animals concerned before commencing; where there is doubt as to the perfect effectiveness, defeat must not be initiated.

(5) Details are provided by the Ministry by implementing legislation.

§ 5g

Procedure for fattening of slaughter animals

(1) The bleeding of slaughter animals must begin immediately after stunning and must be carried out in such a way as to trigger rapid and complete bleeding.

(2) The bleeding of the slaughter animals must be done by cutting at least 2 of the blood vessels or blood vessels on which they come, before the slaughter animal wakes up from unconsciousness.

(3) No processing operation on the bled animal or electrical stimulation of the heart of the animal shall be carried out before completion of the bleeding.

(4) If one person is to perform stunning, suspension, lifting and bleeding of the slaughter animal, the sequence of those operations must be completed in one animal before they begin to be carried out in another animal.

(5) For fish in industrial processing, bleeding may not be carried out. The bleeding of fish during sale and for its own use shall be carried out after stunning by a severe blunt force trauma to the scalp of the head by cutting the gill arches or by cutting the spinal cord and blood vessels immediately behind the head.

(6) For the killing of poultry for their own use, head removal may be used for bleeding without prior stunning.

(7) Details are provided by the Ministry by implementing legislation.

§ 5h

Procedures for the killing of animals

(1) The killing of an animal for the use of its products and the killing of an animal under Article 5 (2) (e) may only be used:

(a) means of loss of sensitivity and death,

(b) an electric killing device which causes cardiac arrest by current;

(c) a killing device using CO2 gas or an overdose of inhaled narcotics;

(d) a mechanical device which causes rapid death;

(e) neck handling; or

(f) a firearm only if this is in accordance with special legislation2a).

(2) For the killing of excess chickens and embryos of chickens in hatcheries, only:

(a) a mechanical device which causes immediate death; or

(b) a killing device using CO2 gas.

(3) For the killing of farmed fur animals only:

(a) a mechanical brain-perfecting tool,

(b) a lethal dose of anaesthetic medicinal product;

(c) an electrical killing device which causes cardiac arrest by current;

(d) killing apparatus using CO gas;

Citation	Full text of Act No. 409 / 2008 Coll., Act No. 246 / 1992 Coll., for the protection of animals against abuse, as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	21.11.2008
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 409 / 2008 Coll.

Full text of Act No. 246 / 1992 Coll., for the protection of animals against abuse, as resulting from subsequent amendments

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