THE ANIMAL WELFARE ACT, PART 2

Section 15

The Government or the authority designated by the Government may issue further regulations on the slaughter and killing of animals in other cases. Act (2007:362).

Obligation to obtain permission to keep animals in certain cases

Section 16

  • An operating permit is required by any person who, on a professional basis or on a substantial scale:
  1. keeps, breeds, supplies or sells pet animals or receives pet animals for boarding or feeding;
  2. keeps, breeds, supplies or sells horses or receives horses for boarding or feeding or uses horses in a riding school business; or
  3. breeds fur
  • Applications shall be considered by the municipal committee or com- mittees responsible for performing duties in the environmental and health protection areas. Such a committee may also withdraw permission after it has been
  • When applications are considered, special attention shall be paid to the question of whether the applicant has the qualifications required to carry on the activity in question and whether the premises in which the activity is to take place are suitable with regard to animal
  • The Government or the authority designated by the Government may issue regulations concerning:
  1. the criteria for regarding a business as operating on a substantial scale;
  2. exemptions from subsection (1).
  • The Government may issue regulations or, in connection with a de- cision under section 24 d, subsection (1), decide in individual cases that questions of granting and withdrawing permits shall be examined by the county administrative board, instead of what is stated in subsection (2). Act (2007:362).

Sporting events and exhibitions involving animals

Section 17

  • Animals must not be trained for or used in sporting events in such a way as to subject them to suffering. This shall also apply to film, video or television productions and shows or other types of exhibition arranged for the
  • The Government or the authority designated by the Government may issue further regulations concerning such use of Act (2007:362).

Section 18

  • An animal which is trained for or takes part in a sporting event in a sports arena or at a race-track must not be subjected to doping or other improper practices liable to affect the animal’s performance or
  • The Government or the authority designated by the Government  may issue further regulations concerning unauthorized practices. Act (2007:362).

Animal experiments

Section 19

Animal experiments may only take place provided that

  1. the purpose of the activity cannot be attained by any other satisfactory method that does not entail the use of animals;
  2. as few animals as possible are used;
  3. the activity is organized in such a way as not to subject the animals to greater suffering than is absolutely necessary; and
  4. no animals other than animals bred for the purpose are used in the Act (2005:1226).

Section 19 a

  • Permission must be granted by the Government or the authority desig- nated by the Government before laboratory animals can be used, bred, kept or supplied. Such permission may subsequently be
  • When applications for permission are considered, special attention shall be paid to the question of whether the applicant has the qualifications requi- red to carry on the activity in question and whether the premises in which the activity is to take place are suitable with regard to animal
  • When applications for permission to breed laboratory animals are considered, the need for such animals shall also be taken into Act (2007:362).

Section 20

  • In activities referred to in section 19 a there shall be
  1. a supervisor approved by the authority designated by the Government, who shall be responsible for the activity;
  2. a veterinarian who shall give advice and instructions about the conduct of the activity and assist with the treatment of the animals; and
  3. personnel that is sufficient in number, and has the necessary training and skills for the
  • The supervisor and the veterinarian shall ensure that the activity is conducted in accordance with this Act and any regulations adopted in pursuance thereof.
  • The Government or the authority designated by the Government may issue further regulations, or take decisions in individual cases, concerning the duties of supervisors and veterinarians and the training and skills of the Act (2007:362).

Section 21

  • The use of animals in animal experiments shall be approved from an ethical perspective by an ethical committee on animal experiments before the activity
  • When examining a case the committee shall weigh the importance of the experiment against the suffering of the
  • The committee may only approve an animal experiment application if such use can be considered important in the public interest and the condi- tions set out in section 19, points 1-3 are
  • The Government or the authority designated by the Government may issue further regulations concerning such approval, as well as regulations pro- viding for exemption from the requirement for Act (2007:362).

Section 22

  • The Government or the authority designated by the Government may issue regulations laying down conditions for or prohibiting the breeding, keeping, supply or use of laboratory
  • The Government or the authority designated by the Government may issue regulations providing for exemptions from the provisions of this Act as regards animal experiments. Act (2007:362).

Section 23

A person who breeds, keeps, supplies or uses laboratory animals shall mark the animals and issue instructions for and make notes and submit informa- tion concerning these activities in accordance with the regulations issued by the Government or the authority designated by the Government. Act (2007:362).

Official control by the control authorities

Section 24

  • Official control of compliance with this Act, the regulations and deci- sions issued pursuant to the Act, the EC provisions supplemented by the Act and the decisions adopted pursuant to the EC provisions, is exercised by the county administrative boards, other government agencies and the municipalities, as determined by the
  • Official control at municipal level shall be performed by the municipal committee or committees responsible for performing duties in the envi- ronmental and health protection The committee shall have access to personnel trained in animal welfare to the extent needed for the committee to be able to perform its duties in a satisfactory manner. Act (2007:362).

Other responsibilities of the control authorities

Section 24 a

  • The control authorities designated by the Government coordinate the activities of the other control authorities and provide advice and assistance in these activities where
  • By advice and information activities and other means, the authority that exercises official control shall make it easier for individuals to fulfil their obligations under the Act, the regulations and decisions issued pursuant to the Act, the EC provisions supplemented by the Act and the decisions issued pursuant to the EC provisions. Act (2007:362).

Section 24 b

The authority that exercises official control shall work to ensure that action are taken against infringements of the Act, of the regulations or decisions issued pursuant to the Act or of the EC provisions supplemented by the Act. Act (2006:809).

Inter-municipal cooperation in the performance of official control

Section 24 c

  • A municipality may enter into an agreement with another municipality that the municipality’s control duties under this Act shall be fully or partly managed by the other However, the municipality may not delegate the authority to adopt a decision in a matter.
  • By agreement with another municipality, the municipality may also commission employees in that municipality to decide on behalf of the municipality in a certain case or group of cases, though not in the cases re- ferred to in Chapter 6, section 34, of the Local Government Act (1991:900). The regulations given in Chapter 6, sections 24-27 and 35, of the Local Government Act concerning disqualification and reporting of decisions to committees shall apply to anyone making such decisions. Act (2006:809).

Voluntary transfer of official control

Section 24 d

  • The county administrative board in the county in which a municipality is located may, in consultation with the municipality, decide in an individual case that the official control of a certain activity that is otherwise incumbent

upon the municipality shall be transferred to the county administrative board. Such a decision may be taken if the activity is on a large scale, is particularly complex or if there are other special reasons.

  • The county administrative board may decide, if the county administrative board and the municipality agree, that the control shall be returned to the Act (2006:809).

Orders directed towards municipalities

Section 24 e

If a municipality does not fulfil the obligations that follow from its control responsibility, the county administrative board in the county in which the municipality is located may order the municipality to remedy this deficiency. Such an order shall contain information about the measures that the county administrative board considers necessary in order to remedy the deficiency. Act (2006:809).