What is Act No. 77 / 2004 Coll.?

Act No. 77 / 2004 Coll., amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended — Act amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended.

When it became Act No. 77 / 2004 Coll. effectiveness?

Act No. 77 / 2004 Coll. became effective 01.03.2004.

Is Act No. 77 / 2004 Coll. still valid?

Yes, Act No. 77 / 2004 Coll. is still valid and effective.

Act No. 77 / 2004 Coll. - Act amending Act No. 246 / 1992 Coll., t...

77

THE LAW

of 21 January 2004

amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended

Parliament has decided on this law of the Czech Republic:

Čl. I

Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended by Act No. 162 / 1993 Coll., Act No. 193 / 1994 Coll., Act No. 243 / 1997 Coll. and the Constitutional Court found under No. 30 / 1998 Coll., is amended as follows:

1. In Article 2 (1), the words "both wild and reared in human care 'are deleted.

2. Paragraph 2 (2) reads as follows:

"(2) Paragraph 1 shall apply mutatis mutandis to other animals. ';

(3) Paragraph 3, including footnotes 1) and 1a) shall read as follows:

„§ 3

For the purposes of this Act:

(a) any live vertebrate animal, other than humans, including a wild animal and its separate life capable of form but not of fetus 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 dangerous animal which, in a particular situation, directly threatens a human being;

(g) the dangerous species of the animal is the species of the animal which, due to its biological characteristics, has special claims on the treatment, location, feeding, supply, or treatment, is normally liable to endanger human health or life;

(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, including a wild animal, which is or is to be used for experiments;

(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, (1) carry out experiments on animals or animals or organise animal setups, 1a)

(l) the assessor of a person having at least 5 years of professional experience in the management or control of animal experiments certified in accordance with Article 17 (1);

(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 the slaughter animal (1a) for the use of its 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 painful or other suffering of an animal acting on the part of a person who survives the animal but which results in the need to be killed for the consequences of suffering or the death of an animal by prohibited methods (Sections 5 (7) 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) an attempt at any use of the animal for experimental or other scientific purposes which results in or is capable of causing pain or suffering in the animal, or which may lead to permanent damage or a deterioration of 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 the 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) testing the standard techniques described precisely, which are repeated periodically;

x) search for animal experiments to verify scientific conjecture,

(y) 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 may directly or indirectly affect the environment;

(z) establishment of the undertaking, institute, building, complex buildings or other premises in which the animal activity is carried out; these may be devices which are not completely fenced or covered, as well as movable devices,

(aa) breeding establishment of the establishment where laboratory animals are kept;

(bb) supply facilities for the supply of laboratory animals;

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

(dd) transport of live animals in means of transport, 1a) including loading, unloading or transhipment;

(ee) the place of transhipment where the transport is interrupted for the purpose of transferring animals from one means of transport to another means of transport;

(ff) the place of departure of the place where the animals are first loaded in accordance with the transport document plan or the place where the animals are re-loaded after being unloaded to rest for 24 hours, unless it is a stop or a place of transhipment;

(gg) the destination of the final landing in accordance with the means of transport plan, unless it is a stop or a place of transhipment;

(hh) a rest station in the route plan, the location where the transport is interrupted in order for the animals to be treated, fed and watered;

(ii) rest period of the continuous period during the journey during which the animals are not moved by means of means of transport;

(j) intensive farming in which livestock are kept under conditions, in numbers, density and pieces laid down by law, under the current and frequent supervision of a person who ensures their health and well-being.

1) Act No. 162 / 2003 Coll., on Zoos and on the amendment of certain other laws (Act on Zoos).

(1a) § 3 of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act). '

Footnotes 1) and 1a) shall be renumbered as footnotes 1 (b) and 1 (c), including the footnotes.

4. in Article 4 (1) (b):

"(b) subject the animal to training or public appearance or to a 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,";

5. In Section 4 (c), the words "or experimental 'are deleted.

6. footnote (1b) shall read:

"1b) For example, Decree No. 286 / 1999 Coll., implementing certain provisions of Act No. 166 / 1999 Coll., on Veterinary Care and amending certain related laws (Veterinary Act), on animal health and protection, on animal health conditions for the import, export and transit of veterinary goods, on veterinary rendering and on attestation studies, as amended by Decree No. 399 / 2001 Coll., Decree No. 287 / 1999 Coll., on animal health requirements for animal products."

7. In Article 4 (f), the words "or the preparation of an animal for its release into the wild 'are replaced by the words" the training or use of a shepherd's or shepherd's dog, the preparation of an animal for its release into the wild or for the activity referred to in Article 14 (7)'.

8. In Section 4 (g), the words "and teeth 'are replaced by the words", teeth, poison or odour glands'.

9. in § 4 (i):

"(i) to administer to the animal without the consent of the veterinarian (1c) veterinary medicinal products and preparations (2), except those which are freely marketed, blood-borne procedures, unless they are carried out by a competent person; (1c) such operations shall not be regarded as hoofing or undercutting operations, ';

(10) footnote 1 (c) shall read as follows:

"1c) § 59 of Act No. 166 / 1999 Coll. '.

(11) footnote 2 shall read:

"2) Act No. 166 / 1999 Coll., as amended."

12. in Article 4 (n), the words "or other restrictions on movement" shall be inserted after the words "or other restrictions on movement" and the words "causing suffering" shall be replaced by the words "causing or likely to cause injury, pain or other harm to health."

13. in § 4 (p):

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

14. in Article 4, at the end of (r), the dot is replaced by a comma and the following points (s) to (x) are added, including footnotes 1d) and 1e:

"(s) leave the animal with the exception of a wild animal with the intention of disposing of it or of 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 to remove eggs or milk, not by a procedure laid down by specific legislation, 1d)

(u) indicate the animal by freezing, with the exception of fish, and mark the animal by burning, with the exception of horses;

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

(w) for reasons other than health, to cut antlers or parts of antlers in the development phase of live tissue, even if they are carried out using devices for general or local numbness, painkillers or other methods;

(x) use electrical current to limit the movement of the limbs or the body of the animal except for the use of electrical fences or devices for the electric stunning and killing of animals or catching fish in accordance with specific legislation. 1d)

1d) Act No. 102 / 1963 Coll., on Fisheries, as amended. Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.

1e) For example Decree No. 191 / 2002 Coll., on technical requirements for construction in agriculture. '

15. In Article 4, the current text becomes paragraph 1 and paragraphs 2 and 3 are added, including footnote 1f:

"(2) Paragraph 1 shall not apply to operations or activities:

(a) associated with the urgent need to save animals or humans in emergency situations of rescue work under special legislation, 1f)

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

(3) The Ministry of Agriculture (hereinafter referred to as "the Ministry ') may lay down details by means of implementing legislation.

1f) For example Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended. '

16. The following Section 4a is inserted after Section 4:

„§ 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 or in the direction of the animals;

(b) publication of a description or depiction which leads to procedures, breeding or training practices, adjustments to the appearance of the animal and to interventions in its state of health linked to the abuse of the animal under this law, unless the accompanying information is indicated, or otherwise it does not imply that the activities prohibited by this law. "

17. in Article 5 (2) (e), including footnote (2b), (c) and (2d), the following shall be added:

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

2b) § 54 of Act No. 166 / 1999 Coll.

2c) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended.

2d) § 10 et seq. of Act No. 166 / 1999 Coll. '.

18. in Article 5 (2) (f), the words "unless otherwise specified in the experiment project" shall be added at the end.

19. Paragraph 5 (2) (g), including footnote 2e, reads as follows:

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

2e) Act No. 114 / 1992 Coll. Act No. 16 / 1997 Coll., on the conditions of import and export of endangered species of wild fauna and flora and other measures to protect these species and amending and supplementing Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended, as amended, Act No. 320 / 2002 Coll. '

20. Paragraph 5 (2) (h), including footnote 2f, reads:

"(h) deratization2c) and measures to combat harmful organisms. 2f)

2f) Act No. 120 / 2002 Coll., on the conditions for placing biocidal products and active substances on the market and amending certain related laws. Act No. 147 / 1996 Coll., on Plant Health and on Amendments to Certain Related Acts, as amended. '

21. in Article 5, the dot is replaced by a comma at the end of paragraph 2 and the following point (i) is added, including footnote 2g:

"(i) specific measures imposed in the event that the animal cannot be identified under specific legislation. (g)

2g) § 22 of Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Animals and on the amendment of certain related laws (Breeding Act), as amended by Act No. 309 / 2002 Coll. § 53 of Act No. 166 / 1999 Coll. '

22. Paragraph 5 (3) reads:

"(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. The slaughter of an animal before bleeding is prohibited; This does not apply to industrial processing of fish. ';

23. in Article 5 (4), the reference to footnote 2h shall be inserted after the word "company."

Footnote 2h:

"(2h) Act No. 3 / 2002 Coll., on freedom of religion and the status of churches and religious societies and on the amendment of certain laws (Act on churches and religious societies)."

24th Paragraph 5 (5) reads:

"(5) 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). '

25. in Article 5 (7) (b), the words' poisons and drugs' are replaced by 'substances and preparations 2i)';

footnote 2i is replaced by the following:

"(2i) For example, Act No. 167 / 1998 Coll., on addictive substances and on the amendment of certain other laws, as amended, Act No. 79 / 1997 Coll., on medicines and on the modification and addition of certain related laws, as amended."

26. in Article 5 (7), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:

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

27. in Article 5, the following paragraph 8 is added:

"(8) The production, import and sale of jaws and sticky traps shall be prohibited. ';

28. the following Part Two is inserted after Section 5, including the title and footnote 2j:

„ČÁST DRUHÁ

PROTECTION OF ANIMALS IN THE CONFORMITY, USE OF CONFORMITY AND PROTECTION OF ANIMALS IN THE PUBLIC SECTIONS OR FREEDOM OF ANIMALS

§ 5a

Common provisions

(1) During the transport, movement, exaggeration, housing, fixation or stunning 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) The tools, material, equipment and equipment used for fixation, stunning, killing or 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 slaughterhouse operator shall ensure that tools, materials, equipment and equipment for fixation, stunning, killing or killing are maintained and regularly checked. 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, slaughter on a farm, 2j) as well as 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 excessive suffering, its slaughter or killing shall be carried out at the place where the disease, exhaustion or injury occurred, under the conditions laid down in specific legislation.2)

(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 a specific legislation, (2) he shall request 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, shall indicate this in a dossier issued under a specific legislation. 2) The breeder must ensure that the animal is admitted to the slaughterhouse before the transport of that animal begins 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. It is prohibited to transport animals whose slaughter is prohibited by specific legislation, (2) or which:

(a) are exhausted in general;

(b) they are unable to go or stand without help from others, and the means of transport used is not equipped with a device enabling the loading of the animal without being caused by pain, suffering, injury or other damage;

(c) clearly show signs of pain, hernia, crease or fracture of the limb, pelvis or spine.

§ 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 gangways must be made to minimise the risk of injury to animals; the path must be free without obstacle and its lighting must not create sharp shadows.

(3) Only tools intended for this purpose may be used to chase, guide and drive 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) adult bovine animals and swine,

(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 2 seconds.

(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

(1) The container of transported animals (the container) must be loaded, transported and unloaded in a horizontal position so that the animals can naturally stand.

(2) It shall be prohibited to treat the container in a manner which may endanger or damage the health of the animal, in particular, it shall be prohibited to drop the container from the transport equipment, however it is inverted or allowed to fall.

(3) Containers with perforated or flexible bottom with supplied animals must be loaded, transported and unloaded so as to avoid injury to the animal. Where necessary, animals must be unloaded from the container individually.

(4) Animals delivered to slaughterhouses in containers which are not immediately slaughtered or are not slaughtered at the latest by the end of the working shift shall be obliged by the slaughterhouse operator 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 or 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 needs of a church or a religious society, (2h) the rules of which provide for a different method of slaughter (ritual slaughter) and to which the Ministry has granted an exemption pursuant to Article 5 (4), 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) For the stunning of an animal in a slaughterhouse, except where otherwise provided in specific legislation, 2) only:

Citation	Act No. 77 / 2004 Coll., amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	25.02.2004
Effective from	01.03.2004
Effective until	-
Status	Valid

Act No. 77 / 2004 Coll.

Act amending Act No. 246 / 1992 Coll., to protect animals against abuse, as amended

Contents

Čl. I

„§ 3

„§ 4a

„ČÁST DRUHÁ

§ 5a

§ 5b

§ 5c

§ 5d

§ 5e

§ 5f

Contents

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