Law Amending The Danish Animal And Various Other Laws (Order System, Payment For Follow-Up Crew Control And Themed Controls, Etc.)

Original Language Title: Lov om ændring af dyreværnsloven og forskellige andre love(Påbudsordning, betaling for opfølgende besætningskontrol og tematiserede kontroller m.v.)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125408

Law amending the Danish animal and various other laws

(Order system, payment for follow-up crew control and themed controls, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In Danish the meaning. lovbekendtgørelse nr. 1343 by 4. December 2007, shall be amended as follows:

1. In paragraph 24 (a) of paragraph 1, the words ' the staff veterinarians in food regions and in veterinary and food administration ' to: ' persons employed in or under the Danish Ministry of food, agriculture and fisheries '.

2. In paragraph 24 (a) (2) and (3) shall be replaced by ' Staff veterinarians in food regions and in veterinary and food administration ' to: ' persons employed in or under the Danish Ministry of food, agriculture and fisheries '.

3. In paragraph 24 (a) shall be inserted as paragraphs 6 and 7:

' (6). The supervisory authority may, as part of the checks referred to in paragraphs 1 to 3 include documents, including transcript of electronic data, or copies thereof, and include the entire animals or take samples from live and dead animals against the read receipt. If it is deemed necessary in order to investigate whether there has been a violation of rules in Danish or rules thereunder, veterinarians employed in supervisory authority euthanize an animal in order to take samples of this.

(7). People whose animals have been slaughtered in accordance with paragraph 6, 2. paragraph, are entitled to compensation for the damage, added if no subsequent raised indictment, criminal prosecution is abandoned or defendants dismissed. Compensation is granted for economic damage. Compensation may be reduced or denied if the question itself has given rise to the measures '.

4. Under section 24 (a) shall be inserted:

» section 24 (b). where a person referred to in paragraph 24 (a), paragraph 1, the rules laid down in this Act, the regulations thereunder or the rules of the European Community regulations on the proper treatment of animals and the protection of animal welfare is violated, can an authority under the Ministry of food, agriculture and fisheries, notify the person in charge of an animal husbandry injunction within a prescribed time frame to take the measures which are necessary in order to comply with these rules. Orders must be communicated in writing. In addition to the charge of the animal, given the opportunity to express their views before the order is communicated.

(2). (1), (2). and (3). paragraph, may be waived to the extent necessary to avert a significant suffering for the animal.

(3). There can not be communicated to the injunction in accordance with paragraph 1, if the person responsible for the animal team already announced imposition under section 21 on the same conditions. An injunction issued pursuant to paragraph 1 shall lapse if subsequent order made under section 21 shall be issued on the same conditions.

section 24 (c). The Minister may lay down rules to the effect that the food may notify the person in charge of a region expensive teams ordered to receive counseling as well as to develop and implement an action plan to remedy the animal welfare problems in the herd.

§ 24 d. decisions taken under section 24 (b) and under rules issued under section 24 (c), may be appealed to the Secretariat of the food and veterinary complaints. Appeal against decisions must be submitted, no later than 4 weeks after the complainant has been informed of the decision. The Secretariat may, in exceptional cases, deal with a complaint, even if the complaint is lodged after the deadline. The complaint has no suspensive effect, unless the Secretariat of the food and Veterinary complaints decides otherwise.

(2). The Secretariat of the food and veterinary complainant decision pursuant to paragraph 1 may not be brought before another administrative authority.

§ 24 e. Expenditure in connection with the follow-up crew checking that takes place in the context of the monitoring or as a result of an injunction under section 24 (b), shall be borne by the owner, unless the Minister of Justice of each crew decides otherwise.

(2). Amount that will be charged in accordance with paragraph 1, and which is not paid in due time, conferred an annual interest rate equal to the interest rate under the interest Act § 5. The applied interest, however, is at least 50 us $. For reminders by late payment is paid a sum of 100 kr.

(3). The Minister of Justice may lay down detailed rules concerning the calculation and collection of amounts referred to in paragraphs 1 and 2.

§ 24 such Owners of herds with at least ten farm animals or horses pays an annual amount of EUR 108 kroner to cover the expenditure related to animal welfare rejseholdets themed controls. The amount of the price-and lønreguleres annually per 1. January with the rate fixed by the Finance Ministry for general price-and lønindeks. The regulated amount rounded to the nearest whole Crown amount.

(2). Amount that will be charged in accordance with paragraph 1, and which is not paid in due time, conferred an annual interest rate equal to the interest rate under the interest Act § 5. The applied interest, however, is at least 50 us $. For reminders by late payment is paid a sum of 100 kr.

(3). The Minister of Justice may lay down detailed rules concerning the collection of amounts referred to in paragraphs 1 and 2. '

5. In article 28, paragraph 2, no. 1, the words ' or '.

6. In article 28, paragraph 2, no. 2, the words ' permission. ' to: ' or ' permission.

7. In article 28, paragraph 2, be inserted as nr. 3:

» 3) fails to comply with an obligation under section 24 (b) (1). ';

§ 2

In Act No. 528 of 6. June 2007 on the teams of horses, as amended by Act No. 315 of 30. April 2008, is amended as follows:

1. section 33 shall be replaced by the following: ' § 33. Notes the police or a person employed in or under the Danish Ministry of food, agriculture and fisheries, the rules in this law or rules laid down pursuant to this Act are violated, can the police or an authority under the Ministry of food, agriculture and fisheries, require the person responsible for the horse team within a set time limit to remedy the conditions which do not comply with these rules. '

§ 3

In Act No. 336 of 16. May 2001 on the keeping of chickens is amended as follows:

1. In section 10, paragraph 1, the words ' Food regions ' to: ' persons employed in or under the Danish Ministry of food, agriculture and fisheries '.

2. In article 16, paragraph 1, the words ' servants of the Food Directorate and food regions ' to: ' persons employed in or under the Danish Ministry of food, agriculture and fisheries '.

§ 4

In Act No. 404 of 26. June 1998 on the indoor team of pregnant sows and gilts, as amended by section 26 of Act No. 433 of 31. May 2000, § 1 of lov nr. 295 of 30. April 2003 and section 3 of Act No. 1562 by 20. December 2006, shall be amended as follows:

1. Pursuant to section 9 (a) shall be inserted:

» Chapter 2 (a)

Injunctive relief

section 9 (b). where a person referred to in the animal protection Act section 24 (a), paragraph 1, the rules laid down in this law or regulations thereunder is violated, can an authority under the Ministry of food, agriculture and fisheries, notify the person in charge of an animal husbandry injunction within a set time limit to take such measures as are necessary in order to comply with these rules. Orders must be communicated in writing. In addition to the charge of the animal, given the opportunity to express their views before the order is communicated.

(2). (1), (2). and (3). paragraph, may be waived to the extent necessary to avert a significant suffering for the animal.

(3). There can not be communicated to the injunction in accordance with paragraph 1, if the person responsible for the animal team already announced cold cuts after animal protection Act section 21 on the same conditions. An injunction issued pursuant to paragraph 1 shall lapse if subsequent issued cold cuts after animal protection Act § 21 on the same conditions.

(4). A decision in accordance with paragraph 1 of this article may be appealed to the Secretariat of the food and veterinary complaints. Appeal against decisions must be submitted, no later than 4 weeks after the complainant has been informed of the decision. The Secretariat may, in exceptional cases, deal with a complaint, even if the complaint is lodged after the deadline. The complaint has no suspensive effect, unless the Secretariat of the food and Veterinary complaints decides otherwise.

(5). The Secretariat of the food and veterinary complainant's decision under paragraph 4 cannot be brought before another administrative authority. '

2. In section 10, paragraph 1, shall be replaced by ' sections 5-9 a ' to: ' § § 5-9 (a) or fails to comply with an obligation under section 9 (b) (1) '.

§ 5

In Act No. 104 of 14. February 2000 about the indoor team of piglets, breeding and slaughter pigs, as amended by section 6 of the law No. 280 of 25. April 2001, § 2 of the law No. 295 of 30. April 2003 and section 2 of Act No. 1562 by 20. December 2006, shall be amended as follows:

1. Pursuant to section 7 shall be added:

» Chapter 2 (a)

Injunctive relief

section 7 (a). where a person referred to in the animal protection Act section 24 (a), paragraph 1, the rules laid down in this law or regulations thereunder is violated, can an authority under the Ministry of food, agriculture and fisheries, notify the person in charge of an animal husbandry injunction within a set time limit to take such measures as are necessary in order to comply with these rules. Orders must be communicated in writing. In addition to the charge of the animal, given the opportunity to express their views before the order is communicated.

(2). (1), (2). and (3). paragraph, may be waived to the extent necessary to avert a significant suffering for the animal.


(3). There can not be communicated to the injunction in accordance with paragraph 1, if the person responsible for the animal team already announced cold cuts after animal protection Act section 21 on the same conditions. An injunction issued pursuant to paragraph 1 shall lapse if subsequent issued cold cuts after animal protection Act § 21 on the same conditions.

(4). A decision in accordance with paragraph 1 of this article may be appealed to the Secretariat of the food and veterinary complaints. Appeal against decisions must be submitted, no later than 4 weeks after the complainant has been informed of the decision. The Secretariat may, in exceptional cases, deal with a complaint, even if the complaint is lodged after the deadline. The complaint has no suspensive effect, unless the Secretariat of the food and Veterinary complaints decides otherwise.

(5). The Secretariat of the food and veterinary complainant's decision under paragraph 4 cannot be brought before another administrative authority. '

2. In article 8, paragraph 1, shall be replaced by ' articles 3-5 a ' to: ' § § 3-5 (a) or fails to comply with an obligation under section 7 (a), paragraph 1 '.

§ 6

In Act No. 173 of 19. March 2001 on outdoor keeping of swine, as amended by section 1 of Act No. 1562 by 20. December 2006, shall be amended as follows:

1. Under section 15 shall be inserted:

» Chapter 6 (a)

Injunctive relief

section 15 (a). where a person referred to in section 24 (a) animal rights (1), that the rules laid down in this law or regulations thereunder is violated, can an authority under the Ministry of food, agriculture and fisheries, notify the person in charge of an animal husbandry injunction within a set time limit to take such measures as are necessary in order to comply with these rules. Orders must be communicated in writing. In addition to the charge of the animal, given the opportunity to express their views before the order is communicated.

(2). (1), (2). and (3). paragraph, may be waived to the extent necessary to avert a significant suffering for the animal.

(3). There can not be communicated to the injunction in accordance with paragraph 1, if the person responsible for the animal team already announced cold cuts after animal protection Act section 21 on the same conditions. An injunction issued pursuant to paragraph 1 shall lapse if subsequent issued cold cuts after animal protection Act § 21 on the same conditions.

(4). A decision in accordance with paragraph 1 of this article may be appealed to the Secretariat of the food and veterinary complaints. Appeal against decisions must be submitted, no later than 4 weeks after the complainant has been informed of the decision. The Secretariat may, in exceptional cases, deal with a complaint, even if the complaint is lodged after the deadline. The complaint has no suspensive effect, unless the Secretariat of the food and Veterinary complaints decides otherwise.

(5). The Secretariat of the food and veterinary complainant's decision under paragraph 4 cannot be brought before another administrative authority. '

2. In article 16, paragraph 1, shall be replaced by ' articles 3-13 ' to: ' § § 3-13 or fails to comply with an obligation under section 15 (a), paragraph 1 '.

§ 7

(1). The law shall enter into force on the 1. July 2009, see. However, paragraph 2.

(2). The Minister of Justice sets date for animal protection law § § 24 (e) and 24 (f) as amended by this Act, section 1, no. 4.

§ 8

The law does not apply to the Faroe Islands and Greenland.
Given at Christiansborg Palace, on 12. June 2009 Under Our Royal hand and Seal MARGRETHE r./Brian Mikkelsen