118. Federal Law, which enacted an animal protection law and amended the Federal Constitutional Law, the Industrial Regulations 1994 and the Federal Ministries Act 1986

The National Council has decided:

Article 1

(constitutional provision)

Amendment of the Federal Constitutional Law

The Federal Constitutional Law, BGBl. No. 1/1930, as last amended by the Federal Act BGBl. I No 100/2003, shall be amended as follows:

(1) In Article 11 (1), the point at the end of Z 7 is replaced by a stroke; the following Z 8 shall be added:

" 8.		Animal welfare as far as it is not subject to other provisions in legislation, but with the exception of the pursuit of hunting or fishing. "

Article 11 (9) reads as follows:

" (9) In the matters referred to in paragraph 1 (1) (7) and (8), the Federal Government and the individual Federal Ministers shall have the following powers with regard to the Land Government:

1.		the power to inspect the files of the national authorities by the federal authorities;
2.		the power to request the transmission of reports on the enforcement of laws and regulations issued by the Federation;
3.		the power to require all information on enforcement necessary for the preparation of the release of laws and regulations by the federal government;
4.		the power to require, in certain cases, information and the submission of files, to the extent necessary for the exercise of other powers. "

(3) Article 151 is added to the following paragraph 30:

" (30) Art. 11 (1) (7) and (8) and (9) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 118/2004 shall enter into force 1. Jänner 2005, but not before the end of the day of the presentation of the aforementioned Federal Act in the Federal Law Gazans. Insofar as the federal legislation does not determine otherwise, existing national legal provisions in the matters of Article 11 (1) Z 8 shall be repeal. "

Article 2

Federal Law on the Protection of Animals (Animal Protection Act-TSchG)

table of contents

1. Main item

General provisions

§ 1: Objective

§ 2: Promotion of animal welfare

§ 3: Scope

Section 4: Definitions

§ 5: Prohibition of the cruelty of animals

§ 6: Prohibition of killing

§ 7: Prohibition of intervention on animals

Section 8: Prohibition of the transfer, sale and acquisition of certain animals

§ 9: obligation to provide assistance

Section 10: Animal testing

Section 11: Transport of animals

2. Main piece

Livestock

Section 1

General provisions

§ 12: Requirements for the holder

§ 13: Principles of animal husbandry

Section 14: Support staff

§ 15: Supply in the event of illness or injury

§ 16: Freedom of movement

§ 17: feeding and watering

Section 18: Construction equipment and holding devices

Section 19: Animals not accommodated in buildings or accommodation

Section 20: Controls

Section 21: Records

Section 22: Breeding methods

Section 23: Bewilligungen

Section 2

Special provisions

Section 24: Animal welfare regulation

Section 25: Wildlife

Section 26: keeping animals in zoos

§ 27: keeping animals in circuses and similar establishments

§ 28: Use of animals at other events

Section 29: Animal shelters

Section 30: Abandoned, suspended, abandoned or abandoned animals

Section 31: keeping of animals in the context of commercial activities

Section 32: slaughtering or killing

3. Main piece

Enforcement

Section 33: Authorities

Section 34: Participation of bodies of the Public Security Service

Section 35: Public monitoring

Section 36: Entering properties, spaces and means of transport

Section 37: Immediate compulsion

4. Main piece

Criminal and final provisions

Section 38: Penal provisions

Section 39: Prohibition of animal husbandry

§ 40: Verfall

Section 41: Animal welfare ombudsman

Section 42: Animal welfare council, animal welfare report

Section 43: referrals, personal names

Section 44: In-force and transitional provisions

Section 45: Preparation for the enforcement of the law

Section 46: Implementation notice

Section 47: Notification

Section 48: Full-drawing clause

1. Main item

General provisions

Objective

§ 1. The aim of this federal law is to protect the life and well-being of the animals from the special responsibility of the human being for the animal as a co-creator.

Promotion of animal welfare

§ 2. The Federal Government, the Länder and the municipalities are obliged to arouse and deepen the understanding of the public and especially of the youth for the protection of animals and, in accordance with budgetary possibilities, have animal-friendly farming systems, scientific To promote animal welfare research and animal welfare concerns.

Scope

§ 3. (1) This federal law applies to all animals.

(2) § § 7 to 11 and the second main piece, with the exception of § 32, apply only to vertebrate animals, cephalopods and ten-foot cancers.

(3) By this federal law other federal legal provisions for the protection of animals, in particular

1.		the Animal Experiments Act, BGBl. No 501/1989,
2.		the Animal Transport Law Strait, BGBl. No 411/1994,
3.		the Animal Transport Law Air, BGBl. No 152/1996,
4.		the Animal Transport Law Railway, BGBl. I No 43/1998,
shall not be affected by the current version.

(4) This federal law does not apply to the exercise of hunting and fishing. Do not apply as a hunting or fishing exercise

1.		the keeping of animals used in support of hunting or fishing,
2.		the keeping of animals in enclosures for other purposes other than hunting,
3.		the keeping of fish for purposes other than fishing.

Definitions

§ 4. The following terms have the following meanings in this federal law:

1.		Holder: that person who is permanently or temporarily responsible for an animal or who has an animal in its care;
2.		Domestic animals: domesticated animals of the genus beef, pork, sheep, goat and horse, each with the exception of exotic species, as well as large camels, small camels, water buffalo, domestic rabbits, domestic dogs, domestic cats, domestic poultry and domesticated fish;
3.		Pet animals: animals kept in the household as companions or of interest in the animal, as far as domestic animals or domesticated animals of the orders of carnivores, rodents, rabbits, parrots, finch birds, pigeon birds and the animals the class of fish;
4.		Wild animals: all animals other than home and home animals;
5.		Wild game: red deer, fallow deer, Sikahirsche, Davidshirsche, muffel wild and black game;
6.		farm animals: all domestic animals or wild animals kept for the production of animal products (e.g. food, wool, hides, skins, leather) or for other agricultural or forestry purposes;
7.		feed animals: fish, poultry up to four weeks old and mice, rats, hamsters, guinea pigs and rabbits which are kept or killed for the purpose of feeding;
8.		Intervention: a measure that leads to damage or loss of a sensitive part of the body or to a change in bone structure;
9.		Animal home: a non-profit-making facility, including an animal asylum or a Gnadenhof, which offers the safekeeping of herreness or foreign animals;
10.		Zoos: permanent establishments in which wild animals are kept for display during a period of at least seven days a year, with the exception of circuses and animal operations;
11.		Circus: a facility with performances that may be in the field of equestrian art or animal dressage, including acrobatic shows, serious and comic sheep numbers, pantomime and dance and music numbers;
12.		Varieté: a facility with performances that essentially merely aims at entertainment, and in which, in alternating program numbers, lectures, musical presentations, artistic performances, sheep numbers, short pods, and singlets, are all just about entertainment. Burlesques or scenes are organized;
13.		Slaughtering: the killing of an animal by the withdrawal of blood and subsequent identification for the purpose of meat production.

Ban on animal cruelty

§ 5. (1) It is prohibited to inflict unjustified pain, suffering or damage on an animal or to cause it to be put into serious fear.

(2) Against paragraph 1, in particular, who

1.		the breeding of animals or their offspring with severe pain, suffering, damage or severe anxiety (quality breeding), or imports, acquires or passes on animals with quality traits;
2.		increases the aggressiveness and combat readiness of animals by means of unilateral choice of breeding or by other measures;
3. (a)			Barbed collars, coral collars, or electrifying or chemical dressage equipment, or
b)			the use of technical equipment, aids or devices intended to influence the behaviour of an animal by means of hardness or by means of an anti-strait system;
4.		Rushes one animal to another animal or directs it to a different animal in the sharpness of the animal;
5.		organised or carried out by animal control;
6.		Hundreds hens on asphalt or other hard floor coverings;
7.		feed an animal or a doping agent in order to increase the performance of animals, in particular in sporting competitions or similar events;
8.		an animal is used to record, advertise, show or similar purposes and events, provided that pain, suffering, damage or serious anxiety for the animal are associated with it;
9.		an animal's performance, provided that it is manifestly associated with pain, suffering, damage or severe anxiety for the animal;
10.		exposes an animal temperature, weather influence, lack of oxygen or a restriction of movement, and thereby inflicts pain, suffering, damage or severe anxiety;
11.		food or substances with which the animal appears to be associated with pain, suffering, damage or severe anxiety for the animal;
12.		an animal is incorporated into an animal by means of coercion or substances, provided that this is not necessary for veterinary reasons;
13.		the accommodation, nutrition and care of an animal held by him are neglected in such a way as to cause pain, suffering or damage to the animal, or to be caused by severe anxiety;
14.		suspend or leave a home or pet animal or a held non-native wild animal in order to depart from it;
15.		live animals are separated;
16.		Fishing gear used in such a way that they do not catch unharbored or do not kill immediately.

(3) Not contrary to paragraph 1

1.		measures which are necessary on the basis of a veterinary indication, or which are otherwise carried out for the welfare of the animal,
2.		measures to be taken in accordance with veterinary legislation;
3.		measures which are essential for the appropriate pest control or the control of epidemets,
4.		Measures for the training of service dogs of the Security Executive and of the Federal Army, in which coral collars are used by specially trained persons, while respecting the proportionality of the principle of proportionality. [0050] A coral necklace is to be understood as meaning a metal-link necklace with a head protection with rounded metal extensions which are directed obliquely inward and have a wire diameter of at least 3.5 mm.

(4) The acquisition and possession of goods, which according to paragraph 2 Z 3 lit. a should not be used, is prohibited. Exceptions are the acquisition and possession of coral collars for the purposes set out in paragraph 3 (4).

(5) By Regulation

1.		the Federal Minister for Health and Women, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has to determine the breeding conditions under para. 2 (2) (1) and (2) (2) (1) and (2) 2.
2.		the Federal Minister for Health and Women, in agreement with the Federal Minister of the Interior and the Federal Minister for National Defence, has the further details regarding the training of service dogs of the security executive. of the Bundesheeres.

Prohibition of killing

§ 6. (1) It is forbidden to kill animals without any reasonable cause.

(2) It is forbidden to kill dogs or cats for the production of food or other products.

(3) The killing of animals for the purpose of training, further education and training is only permitted in scientific institutions and only in so far as it is indispensable for the intended purpose and cannot be replaced by alternative methods.

(4) Without prejudice to the prohibitions referred to in paragraphs 1 and 2, the wiping of vertebrate animals may only be carried out by veterinarians. This shall not apply

1.		for the professional killing of farm animals and forage animals (§ 32),
2.		for the professional killing of animals in the context of training, further training and further training in accordance with paragraph 3,
3.		in the field of pest control,
4.		in cases where the rapid killing is strictly necessary in order to spare the animal non-recoverable agony.

Prohibition of intervention on animals

§ 7. (1) interventions that do not serve therapeutic or diagnostic purposes or the appropriate labelling of animals in accordance with the applicable legislation shall be prohibited, in particular:

1.		Interventions to change the phenotypic appearance of an animal,
2.		the docking of the tail,
3.		the coupling of the ears,
4.		the severing of the vocal cords,
5.		the removal of the claws and teeth,
6.		the cupola of the beak.

(2) Exceptions to these prohibitions are permitted only

1.		for the prevention of reproduction, or
2.		if the intervention is essential for the intended use of the animal, for the protection of which or for the protection of other animals; these interventions shall be laid down in the Regulation in accordance with Article 24 (1) (1) (1).

(3) interventions in which an animal may suffer or may suffer significant pain, unless otherwise specified by the Regulation in accordance with Article 24 (1) (1) (1), may only be carried out by a veterinarian and only after effective anaesthesiration and with post-operative Pain treatment is carried out. Interventions that do not require stunning can also be carried out by any other competent person. The type and evidence of the subject matter shall be laid down in the Regulation in accordance with Section 24 (1) (1) (1).

(4) The use of rubber rings, etchings and etching salves is prohibited.

Prohibition of the transfer, sale and acquisition of certain animals

§ 8. It shall be prohibited to pass on, sell or acquire any animal for which further life is linked to non-recoverable agony for a different purpose than for the immediate and painless killing. The acquirer must immediately kill such an animal painlessly or have it killed.

Assistance to help

§ 9. Anyone who has infringed or endangers an animal may, in so far as it can be reasonably expected to do so, provide the animal with the necessary assistance or, if it is not possible to do so, to provide such assistance.

Animal tests

§ 10. For animal experiments (§ 2 of the Animal Experiments Act, BGBl. No. 501/1989) in matters which are in the state of law in accordance with the Federal Constitutional Law, the Animal Experiments Act applies accordingly, with the proviso that the provincial government must be replaced by the Land Government, and An instance train to a federal minister is excluded.

Transport of animals

§ 11. (1) Insofar as the transport, including loading and unloading, of animals is not subject to the provisions of the Animal Transport Law Road, the Animal Transport Law-Air and the Animal Transport Law-Railways, shall be ensured during transport, that the animals have an adequate, adequately ventilated room, have protection against adverse weather conditions and are supplied with the necessary water and feed. During the transport of aquatic animals, care must be taken to ensure that the volume of water is adjusted to the number of animals transported, that the water is heated and the oxygen content is reduced, and that feeding is to be avoided.

(2) If the upright position of the container with which an animal is to be transported is not readily apparent from the outside, the transport container shall be provided with a sign indicating the upright position of the container. If, due to the nature of the transport container, it is not readily apparent from the outside that an animal is to be transported, an indication of which animal is to be transported shall be affixed to the transport container.

(3) The Federal Minister for Health and Women has, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in relation to agricultural farm animals, on the basis of the objective and the other the general provisions of this Federal Act and the state of the scientific knowledge recognized by the Regulation more detailed provisions concerning the size, nature and equipment of transport containers, means of transport and in the case of the and discharge to be used, as well as the treatment of animals during their transport to meet.

2. Main piece

Livestock

Section 1

General provisions

Requirements for the holder

§ 12. (1) Any person who is in a position to comply with the provisions of this Federal Law and the regulations established thereon shall be entitled to adopt the position of animals, in particular with the necessary knowledge and skills.

(2) If the keeper of an animal is not in a position to take care of the animal in accordance with this federal law, he has to hand it over to such associations, institutions or persons, the guarantee of which is equivalent to that federal law. Offer attitude.

(3) Without the consent of the legal guardian, animals may be sent to minors, who shall be the 14. have not been completed, they are not delivered.

Principles of animal husbandry

§ 13. (1) Animals may only be kept if, on the basis of their genotype and phenotype and in accordance with the following principles, it can be assumed that the position according to the recognized state of scientific knowledge is their well-being is not affected.

(2) Those who hold an animal shall ensure that the space available, the freedom of movement, the condition of the soil, the construction of the accommodation and the holding devices, the climate, in particular light and temperature, the care and Nutrition, as well as the possibility of social contact taking into account the type, age and degree of development, adaptation and domestication of the animals, are appropriate to their physiological and ethological needs.

(3) Animals shall be kept in such a way that their bodily functions and their behaviour are not disturbed and their adaptability is not overtaken.

Caregivers

§ 14. For the care of the animals, there must be sufficient caregivers who have the necessary aptitude and the necessary knowledge and professional skills. In the regulations according to § 11, § 24, § 25, § 26, § 27, § 28, § 29 and § 31 are the type and scope as well as the proof of the required material in consideration of the aims and other provisions of this federal law and the Regulations to be established.

Supply in case of illness or injury

§ 15. Where an animal has signs of a disease or injury, it must be properly supplied without delay, if necessary using a veterinary surgeon. Sick or injured animals shall be adequately and, if necessary, subject to these special requirements.

Freedom of movement

§ 16 . (1) The freedom of movement of an animal must not be restricted in such a way as to cause pain, suffering or damage to the animal or to be caused by severe anxiety.

(2) The animal must have a place which is appropriate to its physiological and ethological needs.

(3) The permanent congestive position is prohibited.

(4) bovine animals shall be provided with appropriate means of movement or appropriate discharge or grazing on at least 90 days per year, provided that there are no compelling legal or technical reasons to prevent it. The Federal Minister for Health and Women, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has to lay down, by means of a regulation, what circumstances as compelling legal or technical reasons shall be considered.

(5) Dogs shall not, in any case, be kept on the chain or in any other connected condition, either temporarily or temporarily.

(6) Wild animals shall in no case be kept bound, either temporarily or temporarily. The training of birds of prey in the context of the pickling hunt remains unaffected.

Feeding and watering

§ 17 . (1) The species, nature, quality and quantity of the feed shall correspond to the animal species, the age and the requirements of the animals. The food must be so constructed and assembled that the animals are able to satisfy their arteigenic employment needs associated with the eating.

(2) The administration of the fodder has to take into account the needs of the animals in terms of the food intake behaviour and the pharopal rhythm.

(3) The animals must have access to a sufficient quantity of water of suitable quality in accordance with their needs.

(4) Feed and water must be administered in a hygienically sound manner.

(5) The feeding and tearing facilities must be kept clean and must be designed in such a way that it is possible to take up feed and water in accordance with the species. They must be arranged and operated in such a way that all animals are able to meet their needs.

Construction equipment and holding devices

§ 18. (1) The material used for the construction of the lodgings and the holding devices used to make the animals come into contact must be safe for the animals and must be properly cleaned.

(2) The accommodation and equipment with which the animals are bound or spatially enclosed shall be carried out in such a way as to ensure that the animals are unable to suffer injuries, in particular, by sharp edges or unevenness.

(3) For cages and other systems for keeping laying hens, the following shall apply:

1.		Cages in accordance with Article 5 of Directive 1999 /74/EC laying down minimum standards for the protection of laying hens, OJ L 206, 22.7.1999, p. No. OJ L 203, 03.08.1999, p. 53, as amended by Regulation (EC) No 806/2003, OJ L 203, 3.8.2003, p. No. OJ L 122 of 16.05.2003 p. 1:
a)			The construction or the first commissioning is prohibited.
b)			The operation of before the 1. Jänner 2003 built in 2003 is allowed until 31 December 2008. Businesses can be offered economic incentives to switch to another form of farming.
2.		Cages in accordance with Article 6 of Directive 1999 /74/EC:
a)			The construction or the first commissioning is from 1. Jänner banned in 2005.
b)			The operation of before the 1. January 2005 built cages is allowed up to the expiration of 15 years from the first commissioning.
3.		The authorisation of new rearing systems which exceed the requirements laid down in Article 6 of Directive 1999 /74/EC and which do not satisfy the requirements laid down in Article 4 of that Directive, but an improvement to existing farming systems in accordance with § § 13 and 24 shall be carried out after a certification pursuant to paragraph 6.

(4) Animals shall not be kept in permanent darkness or in artificial permanent lighting without interruption by appropriate dark phases. This does not apply to the chickens ' rearing. If the natural light incidence is not sufficient to meet the needs of the animals, appropriate artificial lighting must be provided. Consideration should be given to the natural calamity and activity rhythm of the animals.

(5) The air circulation, the dust content of the air, the temperature, the relative humidity and the gas concentration-in the case of aquatic animals, the temperature, the pollutant concentration and the oxygen content of the water-must be in a range of , which is not harmful to the animals. Where the welfare of the animals depends on a ventilation system, a suitable replacement device shall be provided to ensure, in the event of failure of the installation, an air exchange sufficient for the maintenance of the welfare of the animals; Provision should be made for the alarm system to report the failure of the ventilation system. The alarm system shall be checked regularly.

(6) In order to increase the legal certainty of animal keepers and to facilitate the implementation of the law, a mandatory regulatory authority shall be required for new series-produced stowage systems and new technical equipment for animal husketing. to provide for authorisation procedures. The Federal Minister for Health and Women's Affairs is authorized, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management, to produce a standard-based labelling system. Regulation shall be regulated by means of compliance with the requirements of this Federal Law, as well as pet supplies and pet supplies and pet supplies complying with the requirements of this Federal Law.

Animals not accommodated in accommodation

§ 19. Animals which are temporarily or permanently not accommodated in shelters shall, as far as possible, be protected against predators and other dangers for their well-being, as far as possible, against adverse weather conditions.

Controls

§ 20. (1) All animals in posture systems in which the welfare of the animals is dependent on regular care by humans must be regularly, in the case of agricultural livestock and livestock holdings, in accordance with § 25 (1), second sentence and para. 4, § § 26, 27, 29 and 31 at least once a day, controlled.

(2) Animals bred or kept in other systems shall be checked at such intervals as to avoid pain, suffering, damage or severe anxiety as far as possible.

(3) A suitable (permanently installed or movable) lighting system must be available which is sufficient to allow the animals to be thoroughly inspected at any time, in so far as this is essential for the supply and observation of the animals, at any rate. however, in the case of farm animals.

(4) All automatic or mechanical systems and equipment whose functionality depends on the welfare of the animals are regularly, in the case of agricultural livestock and livestock holdings, in accordance with § 25 (1) second sentence and para. 4, § § § § § § § § § § § § § § § § § § § § § § § § § 26, 27, 29 and 31 at least once a day. Defects must be rectified without delay; if this is not possible, appropriate measures shall be taken to protect the welfare of the animals.

Records

§ 21. (1) The holder shall keep records of all medical treatments and, as far as mammals, birds or reptiles are concerned, the number of dead animals, in so far as an agricultural animal husbandry or animal husbandry according to § 6 para. 3, § § § 6 § 6. Article 25 (1), second sentence and (4), § § 26, 27, 29 and 31.

(2) These records shall be kept for at least five years and shall be made available to the Authority on the occasion of a check or on request, provided that no longer periods of time are provided for in federal legislation.

Breeding methods

§ 22. (1) Natural or artificial breeding methods which have a longer or lasting effect on the welfare of the animals shall be prohibited.

(2) This provision does not preclude the use of procedures which cause only minor or temporary impairments of well-being. The Federal Minister for Health and Women may, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, in agreement with the Federal Minister for Agriculture and Forestry, in the light of the objectives and other provisions This federal law as well as the recognized state of scientific knowledge by means of regulation rules which methods and procedures for breeding animals are at least prohibited.

Permits

§ 23. The following provisions shall apply to permits, unless otherwise specified:

1.		The Authority shall only grant authorisations on request.
2.		The authorization shall be granted if the animal husbandry requested is in accordance with the provisions of this Federal Act and of the regulations adopted on the basis of this Act and the recognised state of scientific knowledge, and no Ban on animal huskeeping.
3.		Authorisations may, if necessary, be granted on a temporary basis or subject to conditions or under conditions.
4.		A temporary authorisation shall be extended at the request of the holder of the authorization if the application is submitted before the expiry of the period and the conditions for granting the authorization continue to be met. Where necessary, the conditions or requirements (Z 3) shall be amended.
5.		If the Authority finds that the animal husbandry no longer complies with the conditions of approval or that the prescribed conditions or conditions are not complied with, it shall inform the competent authorities of the situation in order to achieve the legitimate condition , to impose the necessary measures and to threaten the holder of the authorization to deduct the authorization. If the holder of the authorization fails to meet the prescriptions within the time limit laid down in the communication, the authority shall withdraw the authorization. The animals concerned shall be removed and handed over to such associations, institutions or persons, which shall provide a guarantee for a position corresponding to this federal law.

Section 2

Special provisions

Livestock Regulation

§ 24. (1) Taking into account the objective and the other provisions of this Federal Act and taking into account the recognized state of scientific knowledge and the economic impact, the Federal Minister for Health and women, in relation to animals in accordance with Z 1 in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management, for the position

1.		of horses and horse-like, swine, bovine, ovine, caprine, nut, lamas, rabbits, poultry, ostriches and farmed fish, and
2.		other vertebrates
, to adopt by Regulation the minimum requirements for the holding conditions referred to in Article 13 (2) and, where necessary, provisions regarding permitted interventions and other additional requirements for the holding of such measures.

(2) On the occasion of an application (Article 23 (1)), the Authority has issued an opinion from the Animal Protection Council (Article 42) on the basis of the recognised status of the animal species, whose position requires authorisation but is not regulated by regulation. scientific knowledge to obtain minimum requirements. The Federal Minister of Health and Women has the opinion of the animal welfare council in the Official Veterinary News (AVN) to be able to be published. If such a statement is available, the Authority shall not seek an opinion from the Animal Welding Council.

(3) The Federal Minister for Health and Women has laid down rules on the identification of dogs and cats for the purpose of returning animals to their keepers as well as the registration of animals that have been discharged, abandoned or abandoned. the management of these characteristics and any other data relevant to the keeping of the animal.

Wild animals

§ 25. (1) Wild animals which, for example in terms of climate, nutrition, the need for mobility or social behaviour, place special claims on the posture, may only fulfil the prescribed conditions on the basis of one within two weeks. to be kept at the authority of the Authority. In the case of farmed game being held solely for the production of meat, it may also be kept at the authority of the authority only on the basis of a display of wild animal husbandry if the prescribed conditions are fulfilled. The display shall contain the name and address of the holder, the type and maximum number of animals kept, the location of the holding and other information necessary for the assessment by the Authority; the further details shall be provided by Regulation of the Federal Minister for Health and Women, in relation to enclosures in which shell game is held solely for meat production, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management.

(2) An ad according to paragraph 1 does not require:

1.		Facilities, which are the Animal Experiments Act, BGBl. No 501/1989,
2.		Zoos,
3.		Animal homes,
4.		the keeping of animals in the context of commercial activities.

(3) The Federal Minister of Health and Women's Health and Women's Health and Women's Affairs has, by means of a regulation, consigned to the objectives and other provisions of this Federal Act and the recognized state of scientific knowledge.

1.		to designate the wild animals which place special requirements on the posture and
2.		prohibit the keeping of certain wild animal species on grounds of animal welfare. Such a ban shall not apply to zoos which have an authorisation in accordance with § 26, as well as to scientific bodies which have indicated their wild animal husbandry in accordance with paragraph 1.

(4) In the case of wild animals which do not have specific requirements for keeping and caring, the provisions of paragraph 1 shall apply in accordance with the provisions of paragraph 1 of this Article.

(5) The posture of fur animals for fur production is prohibited.

Keeping animals in zoos

§ 26. (1) The keeping of animals in zoos requires an authorisation in accordance with § 23.

(2) More detailed provisions on the minimum requirements for zoos in relation to equipment, care for animals, management of animals to be identified by persons engaged in animal husbandry, as well as on zoos, with the exception of Facilities where no significant number of animals or species are displayed and which are not important for the protection of wild animals or for the conservation of biological diversity (conservation of the animals, Informing the public, scientific research) has the Federal Minister for Health and women should be determined on the basis of the objective and other provisions of this Federal Act, as well as the state of scientific knowledge and the claims of the animal species in question by means of a regulation.

(3) Where the zoo is closed in whole or in part, the authority shall have, in the event that the owner of the animals is not in a position to take the appropriate position in respect of a federal law, to ensure that the animals concerned do so Associations, institutions or persons are handed over the guarantee of a position equivalent to this federal law or, if the attitude is to be carried out abroad, of equal value. If all this is not possible, the animal can be killed painlessly.

Keeping animals in circuses, varietés and similar establishments

§ 27. (1) In circuses, varietés and similar establishments, no species of wild animals may be kept or used for participation.

(2) The Federal Minister of Health and Women's Health and Women's Health and Consumer Protection (Federal Minister for Health and Women) has the conditions and conditions and the other provisions of this Federal Act as well as the recognized state of scientific knowledge by regulation. To lay down minimum requirements for the keeping and participation of animals in circuses and similar establishments, as well as for the necessary expertise of carers.

(3) The holding and participation of animals in circuses, varietés and similar establishments, including in particular the increase in the number of animals or the keeping of animals other than those authorised, requires official authorisation. The authorization shall be valid for the entire Federal territory. The responsibility for measures according to § 23 Z 5 depends on the respective location.

(4) The authorization shall be granted in accordance with § 23 and only if it is ensured that:

1.		the animals ' posture complies with the requirements of this federal law and the regulations established on it,
2.		adequate veterinary care is ensured and
3.		the holder of the authorization has been shown to have a suitable winter quarters which complies with the requirements for animal husbandry within the meaning of this law. Foreign entrepreneurs have a comparable confirmation of their home country.

(5) The change of location shall be notified to the authority of the next location in good time, but in any case before the new location is concerned. In addition to the location, the display shall also indicate the type and time of an event and the animals kept in it. The permit shall be attached to the original or copy of the display.

(6) Paragraph 26 (3) shall apply mutatily.

Use of animals at other events

§ 28. (1) The use of animals at other events and the participation of animals in the case of film and television recordings shall require official authorisation in accordance with Section 23, provided that no authorization is granted under the veterinary regulations is required. A permit to participate may also be granted as a permanent authorization. In such a case, the respective participation of the Authority shall be notified in good time.

(2) The application for authorisation shall be submitted to the Authority at least four weeks before the date of the scheduled meeting and shall contain a list of all animals carried along (species and number) and the animals ' huskline and the animals ' huskline. the nature of their use.

(3) The Federal Minister for Health and Women has, for the purposes of paragraph 1, animal exhibitions, animal shows, animal markets and stock exchanges subject to the objectives and other provisions of this Federal Law and of the -to lay down more detailed rules on the reporting, duration, posture of animals during the event, as well as record obligations, by Regulation.

(4) In the case of events referred to in paragraph 1 and the consequent animal husbandry, the minimum requirements laid down in this Federal Act and in the Regulations established thereon, as well as the conditions and conditions which have been granted, shall be complied with.

Animal homes

§ 29. (1) The operation of an animal's home shall require the authority of the authority in accordance with § 23.

(2) The authorization shall be granted in accordance with § 23 and only if:

1.		the regular veterinary care of the animals is ensured and
2.		At least one person with relevant specialist training is constantly involved in the management of the animal's home.

(3) The management of the animal's home shall have a pre-booklet in which, if possible, the name and place of residence of the owner or the owner, if possible, shall be the date of the commensuration of the day of the reception. A description of the external appearance and the state of health of the animals received shall be entered. The date and the type of departure and, in the case of the award, the name and place of residence of the trader shall be recorded on the departure of the animals. These records shall be kept for a period of three years and shall be submitted to the Authority upon request.

(4) More detailed provisions on the minimum requirements for animal shelters in relation to equipment, care for animals, management and on the training to be followed by the persons employed by the animal husbandry have been provided by the Federal Minister for Health and women should be determined on the basis of the objective and other provisions of this Federal Act and the state of the scientific knowledge recognized by the Regulation.

Animals removed, suspended, left behind and seized or taken by the authority

§ 30. (1) The Authority shall, in so far as a surrender to the holder does not take into account, take the necessary steps to ensure that animals, institutions and associations which have been seized, suspended, abandoned or seized by the Authority shall be subject to the , which can guarantee an animal husbandry within the meaning of this Federal Law. These persons, associations or institutions (hereinafter referred to as "the Orphans") have the obligations of a holder.

(2) The services to be provided by the Land and the Verwahrer and the fee to be paid for it shall be regulated by contract.

(3) As long as animals within the meaning of paragraph 1 are in the custody of the authority, the accommodation of these animals shall be at the expense and risk of the keeper.

(4) In accordance with the provisions of paragraph 1, the deprivation of animals within the meaning of paragraph 1 shall be the responsibility of the institutions responsible for the enforcement of this Federal Law at any time in respect of the animal welfare facilities and the control of the state of health of the animal. and to all follow the instructions of the Authority.

(5) For the duration of the official custody, the Authority shall bear the obligations of the keeper.

(6) The Authority shall be able to make known the animals found in its area of activity in a suitable form.

(7) If a conclusion within the meaning of paragraph 8 is not sought within one month of the announcement in accordance with paragraph 6, then the ownership of the animal may be transferred to third parties. Should the owner's right of ownership be asserted within the terms of the year, he shall be replaced by the common value of the animal less the costs incurred.

(8) The conclusion of animals as referred to in paragraph 1 to persons claiming a right of ownership of such animals shall be subject to the approval of the Authority.

Holding of animals in the context of commercial activities

§ 31. (1) The attitude of animals in the course of a commercial activity (§ 1 of the Industrial Code, BGBl. No. 194/1994) requires an authorization pursuant to § 23.

(2) In each establishment where animals are kept within the framework of a commercial activity, a sufficient number of persons with a knowledge of animal husbandry shall be regularly and permanently active. In pet shops, these persons are obliged to advise customers about the animal-friendly attitude and the necessary vaccinations of the animals offered for sale, as well as to inform about any obligation to obtain permits. The fulfilment of this obligation must be made credible by the Authority, for example in the form of the provision of information to the Authority.

(3) The Federal Minister for Health and Women, in agreement with the Federal Minister for Economic Affairs and Labour, has, in agreement with the Federal Minister for Economic Affairs and Labour, on the objectives and other provisions of this Federal Law and the recognized status of the Federal Minister for Health and Labour. the adoption of a regulation laying down rules on the keeping of animals in the context of industrial activities, in particular on the training to be followed by the persons employed in animal husbandry.

(4) The commercial posture of animals for the purpose of breeding shall be reported by the holder of the authority prior to commensuration of the activity. The Authority shall prohibit the holding, provided that it is necessary for animal welfare reasons. The display shall contain the name and address of the holder, the type and maximum number of animals kept, the location of the holding and other information necessary for the assessment by the Authority; the further details shall be provided by Regulation of the Federal Minister for Health and Women to regulate. Animal husbandry is to be prevented within six weeks if it does not comply with the principles laid down in § 13. If there are subsequent reasons for submission, § 23 Z 5 shall apply mutagentily.

(5) Dogs and cats may not be held or issued for sale in the context of commercial activities as referred to in paragraph 1 in zootechnical shops and other commercial establishments in which animals are offered.

Slaughtering or killing

§ 32. (1) Without prejudice to the prohibition of the killing in accordance with § 6, the killing of an animal may only be carried out in such a way that any unjustified addition of pain, suffering, damage or severe anxiety is avoided.

(2) The slaughter, killing, transfer, accommodation, immobilizing, stunning and bleeding of an animal may only be carried out by persons who possess the necessary knowledge and skills.

(3) The slaughter of animals without anesthetic before the blood withdrawal is prohibited. If anesthetic is not possible under the circumstances, such as in case of emergency slaughter, or if its compelling religious commandments or prohibitions are contrary to a legally recognised religious community (ritual slaughter), then the To ensure that the animal is not unnecessarily inflicted in pain, suffering, damage or severe anxiety.

(4) Ritual Slaughter shall only be carried out in a slaughterhouse which has been set up and approved for this purpose by the authority.

(5) Ritual slaughtering without prior stunning of the animals for slaughter may only be carried out if this is necessary on the basis of mandatory religious commandments or prohibitions of a religious community recognised by law and the authority of the Authorisation granted for slaughter without anaesthesiration. The Authority shall not grant authorisation to carry out the ritual slaughter only if it is ensured that:

1.		the ritual slaughtering of persons with the necessary knowledge and skills is carried out;
2.		ritual slaughter shall take place exclusively in the presence of a veterinarian responsible for ante-mortem and post-mortem inspection,
3.		the facilities provided for ensuring that the animals intended for the slaughter of ritual slaughter can be placed in a position necessary for slaughter as soon as possible,
4.		slaughtering is carried out in such a way that the large blood vessels in the neck area are opened with a cut,
5.		the animals are effectively stunned immediately after the blood vessels have been opened,
6.		immediately after the cut, the anesthetic becomes effective and
7.		the animals intended for the slaughter of rituals shall not be placed in the intended position until the anesthetic is ready to be used for stunning.

(6) The Federal Minister for Health and Women has to lay down more detailed rules on the killing or slaughter of animals, in accordance with the recognised state of scientific knowledge by Regulation. It may prohibit certain methods of killing or slaughter, make it subject to authorisation, permit or territories. In particular, it has rules on:

1.		the requirements for slaughterhouses,
2.		the placing and placing of animals in slaughterhouses,
3.		the frenching of the animals before stunning, slaughter or killing;
4.		the stunning, slaughtering and killing of animals,
5.		the bleeding of animals,
6.		slaughtering or killing outside slaughterhouses in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management,
7.		the requirements for slaughterhouses in which ritual slaughter is carried out,
8.		the appropriate killing of feed animals,
9.		the live neckline of edible fish and
10.		the type and evidence of the knowledge and skills required for the staff
to meet.

3. Main piece

Enforcement

Authorities

§ 33. (1) Unless expressly stated otherwise, the Authority shall be the District Administrative Authority within the meaning of this Federal Law.

(2) An appeal to the independent administrative Senate in the country may be brought against decisions of the district administrative authority in proceedings under this federal law.

Participation of bodies of the public security service

§ 34. (1) The bodies of the public security service shall be entitled to the enforcement of § 37 in conjunction with § 5, with the exception of subsection 2 Z 1, 2 and 7, in conjunction with § 6 as well as with § 8 by

1.		Measures to prevent the threat of administrative transgressions,
2.		Measures to immediately end administrative transgressions,
3.		measures necessary for the initiation and implementation of administrative criminal proceedings,
4.		Measures of direct command and forced violence in connection with § 36 and § 37 (1)
be involved.

(2) The bodies of the public security service shall also provide assistance to the authority competent pursuant to this Federal Act for the purpose of securing the exercise of the powers of the public security service in accordance with Sections 35 to 39 of this Act, within the framework of its legal action .

Regulatory Monitoring

§ 35. (1) The Authority shall be responsible for monitoring compliance with the provisions of this Federal Act and of the administrative acts established thereon.

(2) Land-based livestock livestock and livestock production in accordance with § 25 (1), second sentence, and (4), § § 26, 27, 29 and 31 shall be carried out by the Authority on the basis of a risk analysis in systematic samples on the spot and on compliance with the The provisions of this Federal Act and of the administrative acts established thereon shall be subject to checks, where possible, together with other checks to be carried out under the laws or regulations.

(3) The Federal Minister for Health and Women, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, has, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management, more detailed rules on control, , in particular on the animal species and systems of rearing covered by the checks, and on the number of checks, in order to ensure compliance with the provisions of this Federal Law and the administrative acts established thereon.

(4) The Authority shall be entitled to control animal keeping and compliance with non-compliance with the principle of proportionality at any time, subject to proportionality. Without prejudice to the provisions of paragraphs 2 and 3, the Authority shall monitor the keeping of animals where there is concern with regard to infringements of animal welfare legislation which has been punishable by a judicial or administrative penalty further violations of animal welfare legislation. The Authority shall also be in a position to exercise control where there is a suspicion of such a breach.

(5) The Authority shall be in a position to control such persons who have sufficient professional qualifications. The Federal Minister of Health and Women's Federal Minister for Health and Health is responsible for determining the details.

(6) Where the Authority finds, at a monitoring act, that animals are not kept in accordance with the provisions of this Federal Law or the regulations or codes established thereon, the keeper of the animals shall be subject to changes in the shape of the holding or the installations in which the animals are kept or other measures with which a position corresponding to the objectives and other provisions of this Federal Act may be reached within a reasonable period of time.

(7) The Federal Constitutional Law, Federal Law Gazette (BGBl). I No 65/2002, must also be applied in respect of the checks referred to in paragraphs 2 to 6 in so far as no Community or international recording, reporting or reporting obligations are to be complied with, with the proviso that the The head of the country has to step up to the state government.

Entry of real estate, rooms and means of transport, obligation to participate

§ 36. (1) The institutions of the authorities responsible for the enforcement of this Federal Law and the experts who have been drawn up and the veterinary experts of the Commission of the European Communities shall, in accordance with the requirements of the veterinary measures the right to enter premises, premises and means of transport for the purpose of control (§ 35) and to give access to them in accordance with the proportionality of the means used, if they do not: is voluntary. This shall also apply if the reasonable suspicion arises that a transgressing of this federal law has taken place. In so far as the purpose of the survey is not affected, the person responsible for animal husbandry shall be given the opportunity to be present at the time of the inspection.

(2) The persons entitled to dispose of the property, premises and means of transport concerned shall have the right to exercise the powers referred to in paragraph 1.

(3) The persons involved in the animal husbandry shall, on request, give the necessary information. The obligation to provide information does not exist, provided that the persons mentioned thereby themselves or one of the persons mentioned in § 38 of the Administrative Criminal Law 1991, BGBl. 52, said persons would be exposed to the risk of prosecution; such reasons are to be credited.

Immediate coercion

§ 37. (1) The institutions of the Authority shall be obliged to:

1.		to terminate the perceived violations of § § 5 to 7 by direct authority of command and force;
2.		an animal found in a condition which can be expected to cause the animal to suffer pain, suffering, damage or severe anxiety without immediate relief, to remove the holder if it is not willing or able to remedy the situation, .

(2) If this is necessary for the well-being of the animal, bodies of the authority may remove the animal in question from persons who are in breach of § § 5 to 7. The institutions of the Authority shall be entitled to provide for a painless killing in the case of animals for which the continued existence of non-recoverable agony is linked.

(3) For taken animals, § 30 shall apply. If, within two months of acceptance within the meaning of paragraph 2, the conditions for a proper posture of the animal have been created in accordance with the provisions of paragraph 2, it shall be returned. Otherwise, the animal shall be deemed to be forfeit.

4. Main piece

Criminal and final provisions

Criminal provisions

§ 38. (1) Who

1.		an animal, contrary to § 5 pain, suffering, damage or severe anxiety, or
2.		it kills an animal against § 6, or
3.		is carrying out interventions on an animal against § 7, or
4.		is in breach of § 8,
is subject to an administrative surrender and shall be punished by the authority with a fine of up to EUR 7 500, in the event of a repetition of up to EUR 15 000.

(2) In serious cases of cruelty to animals, a penalty of at least EUR 2 000 is to be imposed.

(3) Anyone who, except in the cases referred to in paragraphs 1 and 2, violates the provisions of § § 9, 11 to 32, 36 (2) or 39 or against administrative acts based on these provisions, is subject to an administrative surrender and is subject to a fine of up to 3 750 from the authority Euro, in case of recurrence, to punish up to 7 500 euro.

(4) In accordance with the provisions of paragraphs 1 to 3, it shall also be punishable as to who tolerates that any non-delicable person under his supervision or education shall be subject to this federal law or to the regulations issued pursuant to this Federal Act or to the in- Modest arrangements are contrary to the law, even though it could have prevented the deed.

(5) The experiment shall be punishable.

(6) In the event of administrative transgressions pursuant to paragraph 3, the Authority shall have no liability in accordance with Section 21 (1a) of the Administrative Code Act 1991, Federal Law Gazette (BGBl). No 52, it is not possible to refrain from imposing a penalty if the defendant's fault is negligible and the consequences of the transgressing for the well-being of the animals kept are negligible. The authority shall inform the accused person, having regard to the illegality of his conduct, if this is necessary in order to prevent the accused from carrying out further criminal acts of the same nature. Under the conditions set out in this paragraph, the control bodies may, in accordance with § 35, disregard the refund of an ad, if necessary after the legitimate condition of the complaint has been made; they shall have the perpetrator in such cases. To draw attention to the unlawfulness of its conduct in a suitable manner.

(7) An administrative surrender does not exist if an act referred to in paragraphs 1 to 3 forms the offence of a criminal offence which falls within the jurisdiction of the courts.

Prohibition of animal husbandry

§ 39. (1) The authority may, at least once or by the administrative authority, have been punished more than once by the court for a person who has been punished by the court for being subject to an animal cruelty, the keeping of animals of all or certain of the animals in question. prohibit the use of species for a given period or in the long term, in so far as this is necessary in view of the behaviour of the person concerned so far, in order to ensure that a cruelty of animals or a breach of § § 5, 6, 7 or 8 is likely to be carried out in the future is prevented. This shall apply in the same way if the punishment is not carried out only on account of a lack of the capacity to pay.

(2) The Authority may only threaten such a ban if it is likely to be sufficient to hold the person concerned in the future from a cruelty of animals or from a breach of § § 5, 6, 7 or 8.

(3) If an animal is held contrary to a prohibition in accordance with paragraph 1, it shall take the authority without prior procedure and ensure its provisional safekeeping and care. It also has to pronounce the decay of the animal.

(4) The courts have to inform the district administrative authority of the district administrative authority, which is responsible for the place of residence of the offender, of final convictions in accordance with Section 222 of the German StGB (German Civil Code). The courts and the public prosecutor's office must inform the local district administrative authority of the termination of proceedings on suspicion of breach of § 222 of the German Civil Code (StGB) if the suspicion of a breach of the law is administrative provisions on animal welfare.

Verfall

§ 40. (1) Without prejudice to Section 39 (3), objects which have been used for the transgressing of this Federal Act or of a regulation adopted pursuant to this Federal Act, and animals to which the criminal conduct referred to have expired shall be forfeit. , if it is to be expected that the offender will continue or will repeat their criminal behaviour.

(2) A forfeited animal shall be placed in freedom in accordance with the statutory provisions or shall be handed over to such associations, institutions or persons, which offer the guarantee of a position corresponding to this federal law. If all this is not possible, the animal can be killed painlessly.

(3) The previous holder shall replace the authority with the costs of the provisional detention and the cost of the killing. The authority shall pay the authority to the previous owner, with the deduction of the costs incurred in respect of the animal, to the previous owner.

Animal welfare ombudsman

§ 41. (1) Each country has to appoint an animal welfare ombudsman to the Federal Minister for Health and Women.

(2) Only persons who have completed a degree in veterinary medicine, zoology or agricultural sciences or comparable training and an additional training in the field of animal welfare can be appointed to the animal welfare ombudsman. . The period of operation of the animal welfare ombudsman shall be five years; reappointment shall be admissible.

(3) The animal welfare ombudsman has the task of representing the interests of animal welfare.

(4) The animal welfare ombudsman has party status in administrative proceedings under this Federal Act. He shall be entitled to inspect all procedural acts and to request all relevant information. The authorities shall assist the animal welfare ombudsman in the performance of his duties.

(5) (constitutional provision) In the performance of his duties, the Animal Protection Ombudsman shall not be subject to any instructions.

(6) The animal welfare ombudsman has to report to the provincial government about his activities.

(7) The animal protection ombudsman may not carry out any activity during his term of office which is incompatible with his or her obligations or is likely to cause the appearance of the bias.

(8) The period of operation of the Animal Welding Ombudsman shall end by the expiry of the period of order, by renunciation or by a reasoned dismise.

Animal welfare council, animal welfare report

§ 42. (1) The Federal Ministry of Health and Women shall set up an animal welfare council (hereinafter referred to as the Council).

(2) The members of the Council shall be members:

1.		a representative of the Federal Ministry of Health and Women,
2.		A representative of the Federal Ministry of Agriculture, Forestry, Environment and Water Management,
3.		an animal welfare ombudsman, who is known per country,
4.		one representative of the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Chambers of Agriculture and the Austrian Veterinary Chamber,
5.		a representative of the University of Veterinary Medicine,
6.		a representative of the University of Natural Resources and Natural Resources,
7.		a representative of the universities in which the subject zoology is represented in science and teaching,
8.		a representative of the Austrian Zoo Organization,
9.		a representative of the Central Association of Animal Protection Association of Austria.

(3) The representatives shall be repudiated to the Federal Minister for Health and Women. For each member of the animal welfare council, a deputy shall be appointed to represent the member in the event of his/her prevention.

(4) The Federal Minister for Health and Women shall appoint a chairman and his/her alternate from the circle of the representatives referred to in subsection 2 (2) (5) and (6). The presence of more than half of the members and the unconditional majority of the votes cast shall be required for a decision of the Council. The Council shall adopt its rules of procedure. Where necessary, experts who do not belong to the Council may be consulted on discussions.

(5) The activity in the Council is voluntary. Any travel expenses shall be the members of the Council or their alternates, or Experts who have received the highest fee level in 1955, BGBl. No 133.

(6) In order to support the Chairman, the Federal Ministry of Health and Women shall set up a office of the Council.

(7) The tasks of the animal welfare council include:

1.		Advising the Federal Minister for Health and Women on animal welfare issues,
2.		Drawing up opinions on draft regulations on the basis of this federal law,
3.		Drafting of guidelines which are necessary for uniform enforcement of this federal law in the countries
4.		Responding to questions and formulating recommendations resulting from the implementation of this Federal Act,
5.		Evaluation of the implementation of this federal law as well as the work of proposals to improve the implementation of the law,
6.		Creation of a report on the activities of the animal welfare council to be published in the framework of the veterinary annual report.

(8) The institutions of the countries are obliged, at the request of the Council, to provide the Council with all the information necessary to carry out its tasks.

(9) The Federal Minister of Health and Women's Office for Health and Women's Health and Women's Protection of the Animal Health shall be able to provide opinions pursuant to Section 7 (2) and (3) of the Guidelines pursuant to Section 7 (3) (3) after hearing the Animal

(10) The Federal Minister for Health and Women has to submit an animal protection report every two years to the National Council, after the animal protection council has been referred to.

Referrals, personal names

§ 43. (1) Where reference is made in this Federal Act to provisions of other federal laws, this is to be understood as referring to the version in force in each case.

(2) All personal names used in this Federal Act shall apply equally to persons of both female and male sex.

In-force pedals and transitional provisions

§ 44. (1) This federal law shall enter into force 1. Jänner 2005, but not before the end of the day of his presentation in the Bundesgesetzblatt, in force.

(2) At the same time, existing national provisions in the field of animal welfare, with the exception of matters circumscribed in section 3 (4), do not apply.

(3) To The In-force Treat Time (paragraph) 1) procedures pending before the previous rules must be brought to an end by the authorities competent to date in accordance with the provisions of this Federal Law.

(4) The re-erection of equipment or holding facilities may only be carried out in accordance with the provisions of this Federal Act and the regulations established on the basis of this Act. The requirements of this Federal Act and of the regulations issued on the basis of this Federal Act shall apply to installations or holding devices existing on the basis of this Federal Act, to the extent that:

1.		the compliance of which is possible without any structural measures which go beyond repair or replacement of individual elements, or
2.		in addition, structural measures are to be carried out on parts of the installations or holding facilities affected by these requirements.
In so far as this is necessary for the implementation of legal acts within the framework of the European Union, the regulations in accordance with Section 24 shall be subject to the necessary arrangements.

(5) By way of derogation from the second sentence of paragraph 4, the requirements of this Federal Act and of the Regulations adopted on the basis of that Act shall apply to:

1.		Zoos (§ 26) at least from 1. Jänner 2015;
2.		Animal shelters (§ 29) as well as the keeping of animals in the context of industrial activities (§ 31) at least from 1. Jänner 2010;
3.		Animal husks according to § 24 para. 1 Z 2, which are not zoos, animal shelters or commercial animal husks, at least from 1. Jänner 2006;
4.		Holding facilities and holding devices
a)			of bovine animals and of domestic poultry, without prejudice to the rules on the holding of laying hens (Article 18 (3)), at least as from 1. Jänner 2012,
b)			of pigs in any case from 1. Jänner 2013,
		insofar as these installations and holding devices are, however, at the time of entry into force (par. 1) the requirements of the agreement on the protection of farm animals in agriculture 1 or in accordance with national requirements, at least 1. Jänner 2020;
5.		Installations and holding devices for keeping other animals in accordance with § 24 (1) (1) (1) in accordance with the regulations.

(6) For the In-Force Treat Time (paragraph) 1) existing installations or holding devices are subject to the requirements of § 16 para. 4 for the possibility of movement as of 1. January 2010 with regard to the granting of grazing and from 1. January 2012 with regard to the granting of a suitable run-out.

(7) The following shall apply to cases which have been enacted pursuant to the provisions of the previous regulations and which become final:

1.		The modesty shall remain, unless otherwise specified in the following.
2.		Those who are complain of a communication which does not comply with the provisions of this Federal Act or of the regulations issued on the basis of this Act can apply to the Authority for a decision in accordance with the legal situation in question. This shall not apply to criminal proceedings.

(8) For animals which have been lawfully held under the previous provisions but whose posture is prohibited under this Federal Act, the Authority may grant an authorisation (§ 23) if this is better for the welfare of the animal.

(9) Applications for permits and advertisements which are required under this Federal Act shall be submitted within one year from the date of entry into force of the Act of Inforce set out in paragraph 1. If the application or the notification has been submitted in good time, the activity or condition to which the obligation to notify or to the notification relates is lawful until a different administrative decision is taken.

(10) The obligation to notify or to notify or to ban the holding of a holding (para. 8) by means of a regulation under this Federal Act, the above provisions shall apply with the proviso that the entry into force of this Federal Act shall be replaced by the entry into force of the regulation concerned.

(11) The caregivers, or Other competent persons in animal husbreeding according to § § 7 para. 3, 11, 25 para. 1 second sentence and para. 4, 26, 27, 28, 29 and 31 must be at the latest with 1. Jänner 2008 on the necessary aptitude and the required knowledge and professional skills (§ 14).

(12) The Regulation pursuant to Section 24 (3) has to provide that all dogs and cats held in the territory of the Federal Republic of Germany must be marked within one year after their entry into force.

Preparation of full education

§ 45. Regulations on the basis of this Federal Act, as amended, may already be issued from the day following the presentation of the Federal Act to be carried out; however, they must not be subject to the provisions of the law to be implemented enter into force. Implementing measures which are necessary for a full education commencing with the entry into force of the new federal legislation may be applied from the same day.

Implementation Notice

§ 46. This Federal Act is designed to implement the following acts of the European Community:

1.		Directive 91 /629/EEC laying down minimum standards for the protection of calves, OJ L 327, 30.4.1991 No. OJ L 340 of 11.12.1991 p. 28, as amended by Directive 97 /2/EC, OJ L 73, 14.2.1997, p. No. 24., Decision 97 /182/EC, OJ L 327, 28.12.1997, p. No. 30. and Regulation (EC) No 806/2003, OJ L 76, 27.3.2003, p. No. OJ L 122, 16.05.2003 p. 1,
2.		Directive 91 /630/EEC laying down minimum standards for the protection of pigs, OJ L 297, 15.7.1991. No. OJ L 340 of 11.12.1991 p. 33, as amended by Directive 2001 /88/EC, OJ L 327, 28.12.2001, p. No. 1, Directive 2001 /93/EC, OJ L 316, 31.10.2001, p. No. 36 and Regulation (EC) No 806/2003, OJ L 316, 31.10.2003, p. No. OJ L 122, 16.05.2003 p. 1,
3.		Directive 93 /119/EC on the protection of animals at the time of slaughter or killing, OJ L 327, 30.11.1993, p. No. OJ L 340, 31.12.1993, p. 21, as amended by Regulation (EC) No 806/2003, OJ L 327, 31.12.2003, p. No. OJ L 122, 16.05.2003 p. 1,
4.		Directive 98 /58/EC on the protection of farm animals, OJ L 206, 22.7.1998. No. OJ L 221, 08.08.1998 p. 23, as amended by Regulation (EC) No 806/2003, OJ L 221, 8.8.1998, p. No. OJ L 122, 16.05.2003 p. 1,
5.		Directive 1999 /22/EC on the keeping of wild animals in zoos, OJ L 327, 28.4.1999. No. OJ L 94, 09.04.1999, p. 24,
6.		Directive 1999 /74/EC laying down minimum standards for the protection of laying hens, OJ L 206, 22.7.1999, p. No. OJ L 203, 03.08.1999, p. 53, as amended by Regulation (EC) No 806/2003, OJ L 203, 3.8.2003, p. No. OJ L 122, 16.05.2003 p. 1.

Notification

§ 47. This federal law has been adopted in compliance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations, OJ L 206, 22.7.1998.. No. OJ L 204, 21.07.1998 p. 37, as amended by Directive 98 /48/EC, OJ L 201, 31.7.1998, p. No. OJ L 217 of 05.08.1998 p. 18.

Full-education clause

§ 48. With the enforcement of this federal law are

1.		as regards Section 18 (3) Z 1 lit. b the Federal Government,
2.		with regard to § 34 of the Federal Minister of the Interior,
3.		with regard to section 39 (4) of the Federal Minister of Justice,
4.		as regards § § 43 to 45 of the respective Federal Ministers responsible pursuant to Z 2, 3 and 5,
5.		and the Federal Minister for Health and Women,
a)			as regards Section 5 (3) (4) and (4) (4) (2), in agreement with the Federal Minister of the Interior and the Federal Minister for National Defence,
b)			as regards Section 31, in agreement with the Federal Minister for Economic Affairs and Labour, and
c)			in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management with regard to § 24 (1) (1) (1) and with respect to agricultural farm animals as regards § § 1 to 23, 32 (4) (6), (33) and (35) to 40 (40),
.

Article 3

Amendment of the Industrial Regulations 1994

The Industrial Order 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I n ° 48/2003 as well as the BGBl rallies. I No 109/2003 and BGBl. I n ° 49/2004, is amended as follows:

1. § 70a is deleted.

2. The following paragraph 15 is added to § 382:

" (15) § 70a occurs with the expiry of the 31 December 2004, but not before the end of the day of the proclamation of the Federal Law BGBl. I n ° 118/2004 in the Federal Law Gazans. "

Article 4

Amendment of the Federal Ministries Act 1986

The Federal Ministries Act 1986, BGBl. No. 76, in the version of the federal laws BGBl. No 78/1987, BGBl. No 287/1987, BGBl. No. 45/1991, BGBl. No. 419/1992, BGBl. N ° 25/1993, BGBl. N ° 256/1993, BGBl. No 550/1994, BGBl. No 1105/1994, BGBl. No. 522/1995, BGBl. No. 820/1995, BGBl. No 201/1996, BGBl. I No 21/1997, BGBl. I No 113/1997, BGBl. I No 10/1999, BGBl. I n ° 16/2000, BGBl. I No 141/2000, BGBl. I No 87/2001, BGBl. I No 87/2002 and BGBl. I No 17/2003 shall be amended as follows:

(1) The following paragraph 16 is added to § 17:

" (16) Section A Z 17 and Section E Z 2 of Part 2 of the Appendix to § 2 in the version of the Federal Law BGBl. I n ° 118/2004 shall enter into force 1. Jänner 2005, but not before the end of the day of the presentation of the aforementioned Federal Act in the Federal Law Gazans. At the same time, Section I Z 23 and Section J Z 17 of Part 2 of the Appendix to Section 2 will be repeal. "

2. Section A Z 17 of Part 2 of the Appendix to § 2 is deleted.

3. In Section E Z 2 of Part 2 of the Appendix to § 2, the last sub-list shall be:

		"General affairs of animal welfare."

4. Section I Z 23 and Section J Z 17 of Part 2 of the Appendix to § 2.

Klestil

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