Law On Animal Welfare

Original Language Title: Lov om dyrevelferd

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2009-06-19-97

Animal Welfare Act


Date LOV-2009-06-19-97


Ministry of Agriculture and Food

Edited

LOV-2015-06-19-65 from 10/01/2015


Published in 2009 Booklet 7


Commencement 01/01/2010

Changes
LOV-1974-12-20-73

Promulgated
19.06.2009 kl. 16.45

Short Title
Welfare Act

Chapter Overview:

Chapter I. General provisions (§§ 1-21)
Chapter II. Specific provisions regarding animal care (§§ 22-28)
Chapter III. Administrative provisions and penalties (§§ 29-37)
Chapter IV. Final provisions (§§ 38-40)

Ref. Act 4 July 2003 No.. 74 (keeping of dogs). Ref. Previous Act 20 Dec 1974 no. 73

Chapter I. General Provisions

§ 1. Purpose The purpose of the law is to promote good animal welfare and respect for animals.

§ 2. Scope The Act covers matters affecting the welfare of or respect for mammals, birds, reptiles, amphibians, fish, decapods, squid and honey bees. The law applies equally to the development stages of the said animals if the senses corresponds to the development level of live animals.
Act applies with the limitations imposed by an agreement with a foreign state or organization for Norwegian land territory, territorial waters, in Norwegian Economic Zone on Norwegian vessels and aircraft, on installations on the Norwegian continental shelf, and to Svalbard, Jan Mayen and the dependencies. The King may lay down specific rules, including exemptions from its provisions, to Svalbard, Jan Mayen and Norwegian dependencies, having regard to local conditions.

§ 3. General information on the treatment of animals Animals have an intrinsic value independent of the usefulness they might have for humans. Animals shall be treated well and protected against risk of unnecessary stress and strain.

§ 4. Duty to help Anybody who discovers an animal that is obviously sick, injured or helpless, shall as far as possible to help the animal. If the animal is a domestic animals or big game, and it is not possible to provide adequate help, the owner or the police immediately notified.
If it is obvious that the animal can not survive or recover, the person who discovered the animal may kill the same. Domestic animals and big game will not be killed in accordance with this provision if it is possible to get hold of the owner, veterinarian or police within a reasonable time.
Necessary expenses for action under this section shall state pay, but expenses related to helping domestic animals can be recovered from the animal holder or owner.
Provision of the first and second paragraphs apply correspondingly to persons who injure animals harm, but they can not claim reimbursement of expenses for remedial action.
King may issue further regulations on the reimbursement of expenses.

§ 5. Notification Anyone who has reason to believe that animals are being subjected to abuse or serious neglect regarding the environment, supervision and care, must immediately notify the FSA or the police. Notification duty applies with the limitations imposed by other legislation.
Anyone who becomes aware that a large number of wild or stray animals are susceptible to disease, injury or other abnormal suffering, must immediately notify the FSA or the police.

§ 6. Competence and responsibility The animal keeper shall ensure that the animals are taken care of appropriately competent personnel. Others must have the necessary expertise to the activity they perform.
Parent will not allow children under 16 years old should have a responsibility for animals.
Animal keeper shall not assign animals to people if there is reason to believe can not or will not treat the animal properly.
King may issue further regulations on the requirements for training and qualifications, including the approval and authorization of personnel.

§ 7. Requirements for registration or approval The King may by regulations lay down requirements for the establishment, location, design and operation of activities covered by this Act, including authorization and withdrawal of authorization, notification, registration, approval and lapse of approval .

§ 8. Industrial methods, equipment and technical solutions animal keeper shall ensure that industrial methods, equipment and technical solutions used for animals, is suited to safeguard the animals' welfare.
Whoever promotes or sells new industrial methods, equipment and technical solutions for use on animals or livestock, must ensure that they are tested and found to be suitable for animal welfare.
King may issue further regulations on the sale and use of certain operating methods, equipment and technical solutions, including certification and documentation of suitability.

§ 9. Medical and surgical treatment Medical and surgical treatment should be performed on an animal's welfare and protect the animal functional ability and quality of life.

It should not be surgery or removal of body parts of animals without there being the reason of considerations of animal health. It is nevertheless permitted proper labeling of animal husbandry. Culling and castration is permitted when it is necessary in the interests of animal welfare or other special reasons.
By painful stimuli shall be utilized required anesthesia and analgesia.
The King may issue further regulations on medical and surgical treatment, including conditions for or prohibit certain forms of such treatment and make exceptions from the second paragraph.

§ 10. Marking of animals in the marking of animals used shall be appropriate methods that do not cause the animal to behavioral limitations or unnecessary stress and strain.
King may issue further regulations on the requirements for marking of animals, including enjoin and prohibit labeling and marking methods, require that marked animals must be registered in a registry and determine who should have access to the registry. The regulations may also prescribe conditions for unmarked animals relocated or euthanized without compensation to the owner.

§ 11. Transportation Transportation shall take place in a manner that is at least possible impact on the animal. Animals shall be transported only when they are in such a state that it is prudent to complete the whole journey.
Transport shall be suitable with respect to the safety of the animals and uniqueness. Animals shall have the necessary supervision and care during transport.
King may issue further regulations on the transport of animals.

§ 12. Killing Euthanasia of animals and handling in connection with the killing must occur in animals' welfare. Whoever uses stunning or killing shall ensure that this is appropriate and maintained.
Animals owned or otherwise held in human must be stunned before killing. The stunning method should give consciousness, and the animal will be unconscious before killing starts until death occurs. Requirements for stunning before killing does not apply if the animal is killed using a method that provides immediate loss of consciousness. After the killing of it shall be ensured that the animal is dead.
Killing under emergency circumstances shall as far as possible be in accordance with the first and second paragraphs.
Euthanasia of animals should not be made as an independent entertainment or competition.
The King may issue further regulations on environmental requirements, equipment and handling in connection with the killing of animals. The King may grant exemptions from the provisions of the second paragraph of animals other than land animals and marine mammals.

§ 13. testing, education and medical establishments In order to breed, keep, trade, kill or use animals for experiments, teaching in other than general care and treatment, or medical activities, both the institution and the person responsible for the activity in question have permission from the regulatory authority.
Permit under the first paragraph may not be granted if the purpose can be achieved without the use of animals, or if animals are in danger of being subjected to unnecessary stress and strain. It should not be used more animals than necessary and animals should be charged at least possible.
In permit under this provision may be waived Law 15 June 2001. 75 of veterinarians and other animal health § 18 first paragraph. 3, so other than veterinary surgeon can carry out full or local anesthesia of animals.
King may issue further regulations on the use of animals in testing, education and medical activities, including prohibiting certain types of trials and medical activities, prohibiting the use of certain animal species in trials and medical activities, and on approval and exceptions the requirement for approval.
King may by regulations make exceptions from the provisions of Chapters I and II of the use of animals in experiments.

§ 14. Specific prohibitions It is forbidden to:

A)
violence to animals,

B)
Abandon animals in a helpless condition,

C)
have sexual relations with or make sexual acts with animals, and

D)
use live animals as feed or bait.

§ 15. Buildings, fences and other smaller installations Buildings, fences and other smaller installations to be performed or recorded and maintained so that the animals are not exposed to a risk of unnecessary stress and strain. Do not use barbed wire to fence to regulate traffic of animals.
The person responsible for building, fence and fittings shall carry out inspections and take the necessary steps to detect, prevent and remedy risk of unnecessary stress and strain.
The King may issue specific regulations regarding buildings, fences etc. including prohibition and removal of such, as well as for exemptions from the ban on using barbed wire to fence.


§ 16. Traceability. Labelling of products from animals King may issue regulations on the traceability of animals or products of animal origin in the interests of animal welfare.
King may issue regulations on the labeling of products derived from animals, including the mandatory and voluntary labeling schemes.

§ 17. Trading etc.. of products of animal King may by regulations limit, establish requirements for or ban the production, sale, import and export of products of animal origin which are covered by this law. This applies to the restrictions imposed by agreements with foreign states or international organization or other international law.

§ 18. Access to the property and the obligation to provide assistance supervisory authority shall have unrestricted access to any premises where there is reason to believe that the animals are housed or takes other activity covered by the law. If the surveillance authority not granted unhindered access and there is reason to believe that animals are subjected to unnecessary stress or strain, the supervisory authority may, if necessary, gain access to police assistance. The police should have equivalent access when they are requested by the supervisory authority to assist. Foreign inspectors may participate in inspections, etc.. when it is necessary to fulfill Norway's international obligations.
Anyone under supervision shall make the necessary premises, equipment, labor and equipment to assist the Authority and otherwise assist in facilitating the audit.

§ 19 information, documentation and control animal keeper and others who have duties under this Act shall, on request of the supervisory authority provide information, notification, reporting, documentation and access to documents that are of importance for the supervisory authority oversight of compliance with the law or regulations issued pursuant to the law. Others who may have relevant information at the request of the supervisory authority provide the required information.
The King may issue further regulations on the content of information and documentation obligation and the duty to establish and carry out systematic control.

§ 20. Hunting, trapping and fishing Hunting, trapping and fishing shall be exercised in an animals' welfare.
King may supplementing subsection issue detailed regulations on hunting, trapping and fishing on wild animals.
The King may issue regulations on hunting, trapping and fishing of animals owned or otherwise held in captivity, including training for such activity, as well prohibit or require special permission for such activity.

§ 21. Capturing and handling of wild animals King may issue regulations regarding capturing and handling of wild animals, including conditions for and the prohibition of such activities.

Chapter II. Specific provisions regarding animal care

§ 22. General conditions for keeping animals Animals should only be kept if they can adapt content on animals' welfare.
The King may issue specific regulations restricting or prohibiting the keeping of certain species, breeds or breeding lines.

§ 23. The animals' living environment animal keeper shall ensure that animals are kept in an environment that fosters good welfare based on species-specific and individual needs, including providing opportunity for stimulating activities, movement, rest and other natural behaviors. The animals' living environment to promote good health and contribute to safety and well-being.
Animals shall have access to suitable and safe shelter outside normal grazing period.
King may issue further regulations on requirements for animals' living environment, including on appropriate and safe shelter, measures to prevent, detect and fight fires and for exemptions from the requirement for shelter.

§ 24. Care and inspection animal keeper shall ensure that animals receive proper attention and care, including ensuring that:

A)
feed, pasture and water is of good quality, satisfy the animal's need for nutrition and fluids, and promotes good health and welfare. Animals should not be fed or hydrated forcibly unless it happens for animal health reasons,

B)
animals are protected from injury, disease, parasites and other dangers. Sick and injured animals should be given proper care and euthanized if necessary,

C)
spread of infection is limited, and

D)
animals, where applicable, are sufficiently tame to be handled and cared for animals' welfare.

King may issue further regulations on the requirements for the scope of supervision and care and the protection and treatment of animals.

§ 25. Breeding Breeding shall encourage characteristics which give robust animals with good function and health.
It will not run breeding, including the use of genetic engineering methods, such as:

A)
changes genes so that they affect the animals' physical or mental functions negatively, or who continues such genes,

B)
reduces the animals' ability to exercise natural behavior, or

C)
arouses general ethical reactions.

Animals with genetic material as mentioned in the second paragraph shall not be used for further breeding.

King may issue further regulations on the breeding of animals contrary to the principles of this provision.

§ 26. Training, showing, entertainment and contests The trainee animals and using animals for show, entertainment and competitions as well as organizer of such activities shall ensure that animals:

A)
is able to carry out the activity without being exhausted or damaged

B)
not exposed to or affected by the measures or treatment that can make activity animal welfare indefensible,

C)
not intentionally applied to fear, injury or unnecessary stress and strain, and

D)
not trained or used in fights against other animals or to humans.

King may issue specific regulations regarding training, showing and competitions etc., Including requirements for special permission or prohibit various forms of such activities, prohibit the use of certain animal species and banning certain forms of funding and treatment.
King may grant exemptions from the first paragraph.

§ 27. Trading of animals, taking care of other people's animals etc. Whoever sells or transfers animals to someone else should give it that receives the animal necessary information about matters of importance to animal welfare.
King may issue further regulations on the import, export, sale, adoption, raffles, renting and borrowing of animals and professional care of animals belonging to others, including the prohibition of such activities. The King may issue regulations on requirements for accompanying information when animals are transferred from one person to another.

§ 28. The release of animals in the wild, animals from holdings can only be released into nature to be wild if the animal has a good chance to adapt and survive in the new environment.
The King may lay down conditions for or prohibiting the release of animals in nature.

Chapter III. Administrative provisions and sanctions

§ 29. Charges and fees The King may by regulations require a fee to cover the costs of supervision, control and special services under this Act or regulations made under this Act.
The King may by regulations require enterprises covered by the Act of 19 December 2003 no. 124 relating to food production and food safety. (Food Act) to pay a tax on foodstuffs. The fee will cover the costs of supervision and control under this Act of keeping and use of animals in food production where the costs not covered by the fees under subsection.
The King may by regulations require manufacturers or importers to pay a fee of feed for animals not used for food production. The fee will cover the costs of supervision and control under this Act of keeping and use of animals that are not used in food production and where the costs not covered by the fees under subsection.
The King may issue specific regulations regarding the calculation of fees and charges, and the recovery and payment thereof.
Delayed payment of charges and fees shall be paid in accordance with the Act of 17 December 1976 no. 100 relating to interest on overdue payments.
Fees and fines are enforceable by execution.

§ 30. Inspection and decisions FSA supervises and may make the necessary decisions to achieve compliance with the provisions laid down in or pursuant to this Act.
FSA appoints animal welfare in order to safeguard lekmannsskjønnet in animal welfare work. The commissions are part of the FSA.
King may delegate authority to other public and private bodies than the FSA and give provisions on who appealed in such cases.
King may issue further regulations on the exercise of, and the appointment, composition and operation of regulatory agencies.

§ 30a. Relationship to service law King may issue regulations concerning procedure to supplement the provisions of service law, including procedural deadline and legal consequences of deadline exceedance.
Exceptions Services Act § 11 subsection may be made only when it is justified by overriding public interest, including the interests of private individuals defensible interests.
The procedures may waive the provisions of this Act and the Public Administration.

§ 31. Compensation By radical decisions to restrict grazing predators under § 30, the animal owner entitled to financial compensation. The King may issue further regulations on the right, conditions and calculation of such compensation.

§ 32. The execution of orders, temporary custody of animals etc. If orders of the supervisory authority is not complied with, it is unknown who is responsible, or it is necessary to take action swiftly, the supervisory authority to implement necessary measures.

Supervisory authority or police may by decision take temporary custody of animals or otherwise ensure that the animal receives the necessary supervision and care. Decisions made by the police lapses if it is not confirmed by the supervisory authority within 7 days. Responsibility for the animals listed in the police decision is transmitted to the supervisory authority when the decision is confirmed.
Temporary custody of animals should not last longer than necessary. If the supervisory authority finds that the animal can not be returned to the owner, the animal must be euthanized. If the owner agrees, the animal can still be repositioned or sold.
Measures under the first and second paragraphs may be implemented for the animal keeper bill. Amounts outstanding are enforceable by execution.
The police will assist with the implementation of control and decisions when the supervisory authority requests it.
King may issue further regulations on the implementation of orders and temporary custody of animals.

§ 33. Prohibition of activities covered by this Act who fails to comply with substantial orders or grossly or repeatedly violates provisions made in or pursuant to this Act, Food Safety authority may necessary ban on activities covered by this Act. Ban may apply to all or some species, one or more activities for a certain period or until further notice.
Court may in connection with criminal proceedings may prohibit mentioned in the first paragraph.

§ 34. Violation penalties Any person who willfully or negligently violates provisions made in or pursuant to this Act may be imposed a fine of supervisory authority. The fee shall be proportionate to the infringement severity. It can also be taken of profits that the person responsible had the infraction and supervisory authority charges relating to control and treatment of the case.
Decision on violation fines are enforceable by execution.
King may issue further regulations on administrative penalties, including provisions on the establishment and calculation of the fee.

§ 35. Coercive fines supervisory authority may impose a lump sum fine or a daily fine to the person who fails to comply with a decision within the stipulated deadline.
Size of the damages determined having regard to the importance of implementation of the decision, and what costs are likely to incur.
Coercive fine may be determined already in connection with a decision taken when deemed necessary that the deadline is met.
Decisions on coercive fine is enforceable by execution. The supervisory authority may waive fines.
The King may issue further regulations on the establishment and calculation of fines.

§ 36. Establishment of databases supervisory authority may establish new or connect to existing data registers when it is necessary for legal purposes, or when it is required to comply with international agreements entered into by Norway. Such records may not without the consent of the person concerned contain personal information which is sensitive under the Act of 14 April 2000. 31 on the processing of personal data § 2, no. 8
King may issue regulations on the duty to provide information to such registers.

§ 37. Penalties Deliberate or grossly negligent violation of provisions made in or pursuant to this Act or decisions made pursuant to the law, punishable by fines or imprisonment not exceeding one year or both, provided the offense is not severe penal provision.
Aggravated offense punishable with imprisonment up to 3 years. In assessing whether the offense is gross, particular emphasis is placed on the infringement scale and effects, and the degree of guilt.
Provisions of subsections do not apply to a violation of §§ 4, 5 and 6

Chapter IV. Final provisions

§ 38. Implementing and supplementing King may prescribe regulations necessary to fulfill Norway's obligations under the EEA Agreement, including that such regulations in case of conflict shall take precedence over this Act.

§ 39. Amendments to other Acts - - -

§ 40. Entry into force and transitional provisions This Act comes into force when the King bestemmer.1 the same time the law 20 December 1974 nr 73. Animal Protection and the Act 19 April 2002 no. 11 amending the Law 20. December 1974 nr 73. animal Welfare.
Regulations or imposed by or pursuant to law 20 December 1974 nr 73. Animal Protection continue to apply until they are repealed.