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Order No. 2015 - 1243 Of October 7, 2015 On Trade And The Protection Of Pets

Original Language Title: Ordonnance n° 2015-1243 du 7 octobre 2015 relative au commerce et à la protection des animaux de compagnie

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Summary

Implementation of the Constitution, including article 38; Act No. 2014-1545 of 20 December 2014 on the simplification of business life, including articles 10 and 58.
Amendment of the Rural and Maritime Fisheries Code, the Code of Criminal Procedure.

Keywords

AGRICULTURE , ARTICLE 38 , RURAL CODE AND MARITIME MOUCH , CPMR , PENAL PROCEDURE , CPP , COMMERCE , PROTECTION , COMPAGNIE , ELEVAGE , MANAGEMENT , FURRIERE , REFUGE , ANIMAL PROTECTION

Legislative records




JORF n°0233 of 8 October 2015 page 18284
text No. 31



Order No. 2015-1243 of 7 October 2015 concerning the trade and protection of pets

NOR: AGRG1518009R ELI: https://www.legifrance.gouv.fr/eli/ordre/2015/10/7/AGRG1518009R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2015/10/7/2015-1243/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government,
Having regard to the Constitution, including article 38;
Vu le Trade codeincluding article L. 123-1;
Vu le Administrative Justice Codeincluding its article R. 123-20;
Vu le Criminal codearticles 131-6 and 131-39;
Vu le Code of Criminal Procedureincluding article 2-13;
Vu le Rural Code and Maritime Fishingincluding articles L. 204-1, L. 211-18, L. 214-6 to L. 214-8, L. 215-10, L. 215-11 and L. 311-2-1;
Vu la Act No. 2014-1170 of 13 October 2014 the future for agriculture, food and forest, including articles 21 and 55;
Vu la Act No. 2014-1545 of 20 December 2014 relating to the simplification of business life, including articles 10 and 58;
The Council of State (section of public works) heard;
The Council of Ministers heard,
Order:

Article 1 Learn more about this article...


Section 2 of Chapter IV of Book II title I of the Rural Code and Maritime Fisheries is amended to read:
1° In Article L. 214-6, the III to VII are replaced by two paragraphs, as follows:
"III.-The activity of holding at least one reproductive female, of which at least one dog or cat is ceded in a costly manner, is heard by dog or cat breeding.
"IV.-For the purposes of this section, the sale of an expensive sale of a pet without holding the reproductive female from which it originates shall be understood. » ;
2° After the article L. 214-6, three articles are inserted as follows:


"Art. L. 214-6-1.-I.-The management of a furnace or shelter, as well as the commercial exercise of transit or custody, education, training and presentation activities to the public of dogs and cats:
« 1° are the subject of a statement to the Prefect;
« 2° are subject to the establishment and use of facilities that comply with the sanitary and animal protection rules for these animals;
« 3° Can only be exercised if at least one person, in direct contact with animals, can justify either:


"be in possession of a professional certification whose list is prepared by the Minister responsible for agriculture;
"having been trained in an establishment authorized by the Minister for Agriculture to acquire knowledge of the biological, physiological, behavioural and maintenance needs of pets and to have a certificate of knowledge prepared by the administrative authority;
"to obtain a certificate of capacity issued by the administrative authority pursuant to the provisions of Article L. 214-6 in its current drafting prior to the publication of theOrder No. 2015-1243 of October 7, 2015 relating to the trade and protection of pets.


"The services rendered in France, on a temporary and occasional basis, by professionals national of a Member State of the European Union or another State Party to the Agreement on the European Economic Area established in the territory of one of these States are governed by Article L. 204-1 and, where applicable, by Article L. 204-2.
"The same provisions apply for the commercial reporting of other pets of domestic species to the public.
"II.-People who, without carrying out the activities referred to in I or in articles L. 214-6-2 and L. 214-6-3, hold more than nine weaned dogs must establish and use facilities in accordance with sanitary and animal protection rules for these animals.
"III.-Only associations for the protection of recognized animals of public utility or foundations for the protection of animals can manage establishments in which veterinary acts are provided free of charge to animals of persons without sufficient resources.
"The management of these institutions is subject to a statement to the prefect of the department where they are located.
"The sanitary conditions and the corresponding control procedures are established by decree.
"IV.-The grooming activity of dogs and cats must be carried out in facilities conforming to the sanitary and animal protection rules applicable to these animals.


"Art. L. 214-6-2.-I.-Any person engaged in the breeding of dogs or cats within the meaning of Article L. 214-6 is required to register under the conditions set out in Article L. 311-2-1 and to comply with the conditions set out in Article L. 214-6-1.
"II.-However, the breeders of cats and dogs who do not give in an expensive way more than a range of dogs or cats per year and per tax shelter are exempted from the formalities provided for in 1° and 3° of I of Article L. 214-6-1.
"III.- Breeders who produce only dogs and cats registered in the genealogical book recognized by the Minister for Agriculture are exempted from the same formalities, as well as from the registration provided for in the first paragraph of this section when they cede the dogs and cats on an expensive basis, provided that they comply with the following conditions and justify them upon request to the authorized agents to seek and note the breaches of this section:
« 1° Do not sell more than one range of dogs or cats per year and per tax shelter;
« 2° Declare to the genealogical book recognized by the minister responsible for agriculture, for obtaining a specific number within the scope, all the ranges from the dogs or cats they hold and which are registered in the genealogical book in terms defined by decree.


"Art. L. 214-6-3.-The commercial exercise of the sale of pets within the meaning of the IV of section L. 214-6 is subject to the registration provided for in theArticle L. 123-1 of the Commercial Codeas well as compliance with the conditions listed in Article L. 214-6-1. » ;


3° Section L. 214-7 is amended as follows:
(a) In the first paragraph, the words "whose list is fixed by an order of the Minister for Agriculture and the Minister for the Environment" are deleted;
(b) The second paragraph is replaced by the following:
"The prefect may authorize sales of pets other than dogs and cats for one or more predefined periods, by professionals engaged in sales activities in fairs and markets not specifically dedicated to animals. This authorization is subject to the establishment and use of facilities that comply with the existing sanitary and animal protection rules."
4° Article L. 214-8 is amended as follows:
(a) I is thus modified:
(i) Before the first preambular paragraph, a subparagraph shall read:
"The self-service sale of a vertebrate animal is prohibited. » ;
(ii) In the first paragraph, which becomes the second, the words "in the IV of Article L. 214-6" are replaced by the words "in articles L. 214-6-1 to L. 214-6-3";
(iii) At 3°, after the word: "dogs" are inserted the words: " or cats";
(b) In II, after the words "assignment" are inserted the words "free or";
(c) The IV is replaced by the following:
"IV.-Any assignment of a cat or dog under conditions other than those mentioned in I is subject to the issuance of the veterinary certificate referred to in 3° of I."
(d) The V is repealed;
5° It is inserted after L. 214-8, an article L. 214-8-1 as follows:


"Art. L. 214-8-1.-Any publication of an offer for the sale of cats or dogs shall include:


"-the age of animals;
"-the existence or absence of registration of the animals to a genealogical book recognized by the Minister for Agriculture, if any, the identification number of each animal or the identification number of the female who gave birth to the animals, the number of animals within the scope.


"A publication of an offer for an expensive sale of cats or dogs, regardless of the support used, must include the registration number provided for in I of section L. 214-6-2 and section L. 214-6-3 or, for breeders who meet the conditions set out in III of section L. 214-6-2, the scope number assigned to the Minister in the registered genealogical book.
"Every publication of a free-of-charge offer must explicitly mention the nature of a gift or a free gift. »

Article 2 Learn more about this article...


Book II of the same code is amended as follows:
1° In Article L. 211-18, the words: "in the first paragraph of Article L. 214-6" are replaced by the words: "in the first paragraph of Article L. 214-6-1, in the I of Article L. 214-6-2 and in Article L. 214-6-3";
2° Section L. 215-10 is amended as follows:
(a) At 1°:
(i) The words: "one of the activities referred to in Article L. 214-6" are replaced by the words: "a breeding, sale, transit or custody, education, training or public presentation activity";
(ii) 1 is replaced by the following:
“1. Not having made the declaration provided for in 1° of Article L. 214-6-1 or the registration provided for in Articles L. 214-6-2 and L. 214-6-3";
(iii) The 3 is replaced by the following:
“3. Not to ensure that at least one person in contact with the animals, in the places where the activities are carried out, has one of the evidence referred to in 3° of I of Article L. 214-6-1; » ;
(b) At 2°, the words "in the V of L. 214-6" are replaced by the words "in the II of Article L. 214-6-1";
3° Section L. 215-11 is amended as follows:
(a) In the first paragraph, the last sentence is deleted;
(b) After the first paragraph, two sub-items are inserted:
"In the event of a conviction of the owner of the animal or if the owner is unknown, the court shall rule on the fate of the animal, whether or not it was placed during the court proceedings. The court may declare the confiscation of the animal and provide that it will be handed over to a foundation or association of recognized animal protection of public or declared utility, which may freely dispose of it.
"People who are guilty of the offences set out in this section shall also be subject to additional penalties for the prohibition, either definitively or not, of holding an animal and for a period of not more than five years of professional or social activity as long as the facilities provided for this activity have been knowingly used to prepare or commit the offence. However, this prohibition is not applicable to the exercise of an elective mandate or union responsibilities. » ;
(c) In the second paragraph, which became the fourth, the words: "the penalty provided by the 4th of Article 131-39 of the same code" are replaced by the words: "the penalties provided by the 4th, 10th and 11th of Article 131-39 of the same code. » ;
4° Section L. 272-4 is repealed.

Article 3 Learn more about this article...


In article 2-13 of the Code of Criminal Procedure, after the words "repressing offences", the words "abandonment" and, after the words "serious abuses or", the words "sexual nature", the words ".

Article 4 Learn more about this article...


The provisions of Articles 1 and 2 come into force on January 1, 2016.

Article 5 Learn more about this article...


The Prime Minister, the Guard of Seals, Minister of Justice, and the Minister of Agriculture, Agri-Food and Forestry, Spokesperson of the Government, are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.


Done on October 7, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,

Stéphane Le Foll


The Seal Guard, Minister of Justice,

Christiane Taubira


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