Key Benefits:
The purpose of this Act is to protect the dignity and welfare of the animal.
1 This Law shall apply to vertebrates. The Federal Council determines which invertebrates it applies to and to what extent. In this regard, it is based on the results of the scientific research carried out on the sensory capacities of the latter.
2 The law of 20 June 1986 on hunting is reserved. 1 , the federal law of 1 Er July 1966 on the protection of nature and the landscape 2 , the Federal Act of 21 June 1991 on fishing 3 , the Federal Act of 13 December 2002 on vocational training 4 And the law of 1 Er July 1966 on epizootics 5 .
For the purposes of this Law:
1 Every person taking care of animals shall:
2 No one should unjustifiably cause pain, harm or damage to animals, to put them in a state of anxiety or to harm their dignity in any other way. It is forbidden to maltreat animals, to neglect them or to overtake them unnecessarily.
3 The Federal Council prohibits other practices on animals that violate their dignity.
1 Confederation can encourage the training and continuing education of people who care for animals.
1bis The Federal Council may provide for the recognition of certain continuing training and training by the Confederation or the cantons. 1
2 The Confederation shall ensure that the public is informed of the protection of animals. 2
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 Any person holding or caring for animals shall, in an appropriate manner, feed them, take care of them, guarantee them the activity and freedom of movement necessary for their well-being and, if necessary, provide them with a deposit.
2 After consulting with interested circles, the Federal Council lays down provisions on the holding of animals, in particular minimum requirements, taking into account the scientific knowledge, the experiments and the evolution of the Techniques. It prohibits forms of detention which contravene the principles of animal protection.
3 It may lay down the requirements to be met by the training and continuing education of the holders of animals and of persons who educate or provide care to animals. 1
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The Federal Council may make mandatory the announcement of certain forms of detention, the announcement of the detention of certain animal species and the announcement of certain care, or subject them to authorisation. 2
2 The marketing of stabulation systems and equipment of stalls made in series intended for livestock is subject to the authorization of the Confederation. Authorization is granted only if these systems and equipment meet the requirements of proper detention. The Federal Council shall determine the authorisation procedure and determine which livestock shall apply. For certain forms of detention, it may provide for derogations from the authorisation scheme.
3 Detention, for profit or private purposes, of wild animals that require special care or special conditions of detention is subject to authorisation. The importation of cetaceans is prohibited. 3
4 The Federal Council may make mandatory the announcement of the marketing and the announcement of the use of auxiliary means and apparatus for the training and control of animals which cause them pain, submit them to Authorization or prohibition. 4
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
3 Phrase introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
4 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
Buildings and facilities for livestock which have been authorised under this Law may be used after their construction at least during the ordinary period of depreciation.
The Federal Council can determine in which sectors, apart from agriculture, the use of animal keepers is necessary.
1 The use of natural and artificial methods of rearing and reproduction shall not cause, in the parents and in the descendants, any pain, suffering, damage or disturbance of the behaviour that would be directly related or Indirectly for the purpose of the raising; the provisions on animal testing are reserved.
2 The Federal Council lays down provisions on the husbandry and production of animals and lays down the criteria for assessing the admissibility of the aims of breeding and breeding methods; in doing so, it takes account of the dignity of the animal. It may prohibit the production, production, detention, import, transit, export and marketing of animals with particular characteristics, including anomalies in their anatomy or behaviour. 1
1 New wording of the sentence as per c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 A person who produces, raises, holds, markets or uses genetically modified animals shall hold a Cantonal authorisation. A person who produces, raises, holds or markets such animals for research, therapy or diagnostic purposes must have a cantonal authorization issued in accordance with art. 19, para. In other cases, the authorisation procedure is governed by the provisions on animal testing and by the Law of 21 March 2003 on genetic engineering 1 .
2 After consulting with interested circles, the Federal Ethics Commission for Biotechnology in the Non-Human Domain, the Federal Commission of Experts on Biological Safety and the Federal Commission for Animal Experiences, the The Federal Council lays down the criteria for the weighting of interests in the production, rearing, holding, marketing and use of genetically modified animals.
3 The Federal Council shall define the requirements to be met by the institutes carrying out the acts referred to in para. 1, second sentence, including requirements for infrastructure, personnel, monitoring and documentation.
4 The Federal Council may provide for derogations from the authorisation procedure or a simplification of the authorisation procedure, in particular where it is established that animals are not suffering from pain, suffering, damage or disturbance of the Behaviour that would result from production or breeding and that the dignity of the animal is taken into account.
1 Animals to which production or breeding causes pain, evils, damage or disturbances of the behaviour, or to the dignity of which it is infringed in any other way, shall be the subject of a declaration to the authority Cantonal.
2 The cantonal authority transmits the declarations to the cantonal committee for experiments on animals and, on the basis of the latter's proposal, decides on the continuation of breeding.
3 The Federal Council regulates the modalities.
1 Professional trade in animals and the use of live animals for advertising purposes are subject to authorisation.
2 The Federal Council may make the announcement of supraregional events involving animals compulsory or subject to authorisation.
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The Federal Council may, for reasons relating to the protection of animals, subject the import, transit and export of animals and products of animal origin to certain conditions, limit or prohibit them. 2 The import of kosher meat and halal meat to ensure a sufficient supply of meat of this type to the Jewish and Muslim communities is reserved. The right to import and obtain kosher or halal meat is reserved for members of these communities and for legal persons and partnerships affiliated with them.
2 The import, transit, export and trade of cat or dog skins and products made from such skins are prohibited. 3
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 New content according to the c. 2 of annex 1 to the PMQ of 16 March 2012 on protected species, in force since 1 Er Oct. 2013 ( RO 2013 3095 ; FF 2011 6439 ).
3 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The transport of animals must be carried out with care and without unnecessary delay. The duration of the journey shall not exceed six hours from the loading site. The Federal Council shall issue the derogations.
2 The Federal Council shall determine, after consulting the professional organisations, the requirements to be met by the training and in-service training of the personnel responsible for transport carried out on a professional basis.
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The international carriage of animals on a professional basis is subject to authorisation.
2 The Federal Council may determine which international standards are applicable.
3 The transit through Switzerland of cattle, sheep, goats and pigs, slaughter horses and poultry felling is only allowed by rail or by plane.
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
Intervention causing pain can only be performed under general or local anaesthesia by a competent person. The Federal Council shall fix the derogations. It determines which persons are considered competent. The provisions of this Law concerning animal testing shall be reserved.
Experiments that can cause animals to suffer pain, harm or damage, to put them in a state of anxiety, to significantly disturb their general condition or to harm their dignity in another way must be limited to the essential.
1 Any person intending to carry out experiments on animals shall have the authorisation of the competent cantonal authority.
2 Practices applied in the cases referred to in s. 11, para. 1, last sentence, are assimilated to experiments on animals from the point of view of procedure.
3 The competent cantonal authority shall submit applications for authorisation for experiments on animals referred to in Art. 17 to the cantonal committee for animal experiments.
4 The duration of validity of authorisations must be limited. Authorisations may be subject to conditions and related to charges.
5 Animal testing institutes and laboratories, as well as establishments that hold experimental animals, shall maintain a register of animals.
1 The Federal Council shall lay down the requirements to be met by the institutes and laboratories authorised to carry out animal testing, the requirements for training and the continuous training of staff, and the requirements of the Establishments holding or elevating animals intended for experimentation, or by trade, must complete for an authorization.
2 The Federal Council sets out the criteria for determining which experiments are indispensable within the meaning of s. 17.
3 The Federal Council may declare certain goals of unlawful experience.
4 In particular, experiments on animals are illegal when the pain, suffering, damage or anxiety caused to the animal is disproportionate to the expected benefit in terms of knowledge.
1 Pain, pain, damage or anxiety can only be imposed on an animal if the purpose of the experiment cannot be achieved in any other way.
2 Experiments may not be carried out on animals of a high status from the point of view of evolution only if it is not possible to achieve the intended purpose with animals of a lower rank, and insofar as there is no method of Appropriate substitution.
3 The Federal Council sets out the other requirements for carrying out the experiments.
1 After all experiments on animals, the Federal Office for Food Safety and Veterinary Affairs (FVO) 2 Publishes the following information:
2 The Federal Council may provide for the publication of other information, unless there are overriding public or private interests opposed to it.
3 It regulates the modalities, in particular the degree of detail of the information to be provided by the persons responsible for the experience. In doing so, it takes into account the overriding private or public interests that are worthy of protection.
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er May 2014 ( RO 2012 6279 , 2013 3707; FF 2011 6505 ).
2 The designation of the administrative unit has been adapted to 1 Er Jan 2014 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
1 The Confederation operates an information system designed to facilitate the fulfilment of the legal tasks of the Confederation and the cantons in the field of animal testing.
2 The information system contains the following personal data:
1 The following persons may process personal data, including sensitive data and personality profiles, and access these data on-line, provided that this is necessary for the fulfilment of their legal tasks:
2 The staff of the cantonal authorities responsible for establishing authorisations and members of the cantonal committees may consult online the data concerning the applications for authorisation filed in the other cantons and the decisions In so far as this is necessary to carry out their legal duties.
The Confederation collects emoluments from the cantons for the use of the information system. The Federal Council shall fix the amount.
The Federal Council regulates:
1 Mammals can only be slaughtered if they are stunned before being bled.
2 The Federal Council may prescribe stunning for the slaughter of other animals.
3 The Federal Council specifies the methods of stunning.
4 The Federal Council shall, after consulting the professional organisations, lay down the requirements for the training and in-service training of slaughterhouse staff.
1 The Confederation makes scientific research in the key areas for the protection of animals and supports it.
2 In particular, it encourages, in collaboration with the high schools and industry, the development, recognition and application of methods that can replace animal experiments or reduce either the number of animals used, or The constraints imposed on them. In particular, it encourages research projects that aim to eliminate pain, pain or anxiety related to work-related interventions. 16.
1 The competent authority may prohibit the holding, trade or rearing of animals or the exercise of a professional activity involving the use of animals for a fixed or indefinite period of time:
2 The prohibition imposed by a township under para. 1 is applicable throughout Switzerland.
3 The FVO maintains a register of the prohibitions that have been imposed. This register may be consulted by the specialized cantonal services referred to in Art. 33 for the performance of their legal duties. 1
4 The Federal Council may conclude international treaties for the exchange of information on the prohibitions imposed. It may provide that the prohibitions imposed abroad are applicable on Swiss territory. 2
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The competent authority shall act immediately when it is found that animals are being neglected or that their conditions of detention are totally inappropriate. It may sequester and provide them with a proper deposit, at the expense of the holder; if necessary, it shall cause the animals to be sold or killed. To this end, it can appeal to the police.
2 The product of the sale of the animal belongs to its holder, after deduction of the costs of the proceedings.
3 The enforcement authorities shall denounce all infringements of this Law which they have found. 1
4 In cases of minor gravity, they may refrain from denouncing the offence. 2
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The FVO has the right to appeal against the decisions of the cantonal authorities on animal testing using the remedies of cantonal law and federal law.
2 The cantonal authorities immediately notify their decisions to the FVO.
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 A person shall be punished with a custodial sentence of up to three years or of a pecuniary penalty, wilfully: 1
2 If the author acts by negligence, he shall be punished with a pecuniary penalty of up to 180 days. 2
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 ...
2 Anyone who intentionally contravens s. 14 subject to certain conditions, limiting or prohibiting the movement of animals or products of animal origin shall be punished by a fine of not more than 20 000 francs. Attempt, complicity and instigation are punishable. If the author acts by negligence, he shall be punished by the fine.
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ). See also art. 45 A .
1 Subject to Art. 26, is liable to a fine of not more than 20,000 francs or more, intentionally: 1
2 Attempt, complicity and instigation are punishable. If the author acts by negligence, he shall be punished by the fine. 4
3 Any person who, wilfully or negligently, is liable to a fine is in breach of a provision of execution whose violation has been declared punishable or a decision served under the threat of the penalty provided for in this Article. 5
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
3 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
4 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
5 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
For contraventions, criminal proceedings are prescribed for five years, the penalty is four years.
Art. 6 of the Federal Act of 22 March 1974 on administrative criminal law 1 Is applicable.
1 The prosecution and judgment of the offences are the responsibility of the cantons.
2 The FVO continues and judges the offences referred to in s. 27, para. 1. He shall prosecute and judge the offences referred to in s. 27, para. 2, which are recognised during the import, transit or export of animals or products of animal origin to authorised border inspection posts. If there is a simultaneous violation of the Customs Act of 18 March 2005 2 Or the Law of 12 June 2009 on VAT 3 , the Federal Customs Administration continues and considers the offences.
3 In the case of import, transit or export of animals or products of animal origin outside the authorised border inspection posts, the Federal Customs Administration shall prosecute and judge the infringements if there is simultaneously infringement of The law of 18 March 2005 on customs or the law of 12 June 2009 on VAT.
4 If an act constitutes both an offence referred to in paras. 1 to 3 and an infringement of the Customs Act of 18 March 2005, to the Act of 12 June 2009 on VAT, to the Act of 9 October 1992 on foodstuffs 4 , to the law of 1 Er July 1966 on epizootics 5 , to the law of 20 June 1986 on hunting 6 Or the Federal Act of 21 June 1991 on fishing 7 And that they are prosecuted by the same authority, the penalty laid down for the most serious offence is applied; this penalty can be increased appropriately.
1 The Federal Council shall issue the implementing provisions. It may authorize the FVO to make provisions of a technical nature. 1
2 If the law does not provide otherwise, the responsibility for enforcement lies with the cantons. The latter can regionalize the execution.
2bis The Federal Council may oblige the cantons to inform the Confederation of the implementing measures they have taken and the results of the examinations and checks carried out by them. 2
3 The Federal Council determines the extent to which the places used for the holding of animals are to be controlled and how the execution of animal experiments should be monitored. The control of the places used for the holding of animals and the statement of data on exploitation must be coordinated with those required by the legislation on agriculture, animal diseases and foodstuffs.
4 The Federal Council shall regulate the training and continuing training of persons performing duties in the performance of this Law. 3
5 The execution of the authorisation procedure referred to in Art. 7, para. 2, monitoring the import, transit and export of animals and products of animal origin to authorised border inspection posts and monitoring the movement of animals and plants of species protected under the Convention of 3 March 1973 on International Trade in Endangered Species of Wild Fauna and Flora 4 The Confederation. 5
1 New wording of the sentence as per c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ). See also art. 45 A .
2 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
3 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
4 RS 0.453
5 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ). See also art. 45 A .
The Federal Council may conclude international treaties on training, enforcement of controls and the exchange of information in the field of animal protection.
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 Decisions rendered by the FSO may be objected to.
2 The suspensive effect of the opposition may be withdrawn.
3 The opposition period is ten days.
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
Each canton shall establish a specialised service placed under the responsibility of the cantonal veterinarian and in order to ensure the implementation of this Law and of the provisions laid down on the basis thereof.
1 Each canton establishes a committee for animal testing consisting of specialists, independent of the authority responsible for issuing authorisations and in which animal welfare organisations are adequately represented. Several cantons may set up a joint committee.
2 The Commission reviews the applications and makes a proposal to the authority responsible for issuing the authorizations. It is called upon to participate in the control of establishments which hold animals intended for experiments and the carrying out of experiments. The cantons may entrust it with other tasks.
1 The Federal Council establishes a committee for animal testing made up of specialists. It advises the FVO and is available to the cantons for questions of principle and controversial cases. 1
2 This commission is working with the Federal Ethics Commission for Biotechnology in the Non-Human Domain.
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
1 The Federal Council may appoint commissions to organize examinations to which persons performing duties in the performance of this Act are subject.
2 The commissions shall notify the results of the examinations by way of decision.
3 The Federal Council may delegate to the cantons the competence to organise examinations.
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
Every year, the FVO publishes a statistic of all animal experiments carried out in Switzerland. 1 It informs the public about animal testing issues as well as changes in animal genetic engineering.
1 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
The Federal Council may enter into agreements with the cantons on objectives in certain areas relating to the implementation of this Law.
1 The Confederation and the cantons may associate organisations and undertakings with the implementation of this Law or establish appropriate organisations for this purpose.
2 They monitor the participation of these organizations and businesses. The competent authority shall define their tasks and duties in a benefit mandate. Their management and accounts shall be subject to the approval of that authority. The parliamentary control of the Confederation and the cantons is reserved.
3 The Federal Council and the cantons may authorise the organisations and undertakings authorised to charge emoluments for their activity.
The authorities responsible for the execution of this Law shall have access to premises, installations, vehicles, objects and animals; in order to do so, they shall be the organs of the judicial police.
The Federal Department of the Interior 1 Exercises the high level of supervision of the Confederation on the execution of this Act by the cantons.
1 New expression according to c. I 14 of the O of 15 June 2012 (Reorganization of the departments), in force since 1 Er Jan 2013 ( RO 2012 3655 ). This mod has been taken into account. Throughout the text.
1 Except as otherwise provided in this Law, the performance of the latter shall be exempt from emoluments.
2 The cantons are authorised to collect emoluments for:
3 The Federal Council sets the tariff framework for cantonal emoluments.
The Federal Act of 9 March 1978 on the Protection of Animals 1 Is repealed.
1 [RO 1981 562 1064, 1991 2345, 1995 1469 art. 59 ch. 1, 2003 4181 4803 Annex c. 3, 2006 2197 Annex c. 45]
Surgical castration of piglets without anaesthesia is prohibited from 1 Er January 2009. If no practicable alternative method is available at that time, the Federal Council may postpone the entry into force of this prohibition by no more than two years.
The general provisions of the federal procedure are applicable. Moreover, until the entry into force of the Act of 17 June 2005 on the Federal Administrative Tribunal 1 , the legal remedies are settled as follows: the Board of Appeal of the Federal Department of Economy decides on appeals against decisions of the FVO.
Whatever the order in which the federal law of 16 March 2012 on protected species 2 Or the amendment of June 15, 2012, of the PCPA comes into force, upon the coming into force of the second of these Acts, or upon their simultaneous entry into force, s. 27, para. 1, 31 and 32, para. 5, LPA is amended as follows:
... 3
1 Introduced by ch. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
2 FF 2012 3227
3 The mod. Can be viewed at RO 2012 6279 .
1 This Law shall be subject to the referendum.
2 It will be published in the Federal Worksheet if the initiative "For a modern design of animal protection (Yes to animal protection!)" is withdrawn or rejected 1 .
3 The Federal Council shall fix the date of entry into force.
1 The popular initiative has been withdrawn (see FF 2006 377 ).
Date of entry into force: 1 Er September 2008 5
1 RS 101
2 FF 2003 595
3 New content according to the c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
4 Introduced by c. I of the PMQ of 15 June 2012, in force since 1 Er Jan 2013 ( RO 2012 6279 ; FF 2011 6505 ).
5 ACF of 23 April 2008