THE ANIMAL WELFARE ACT, PART 3

Compulsory transfer of official control

Section 24 f

  • If a municipality has grossly or persistently neglected its control re- sponsibility with regard to a certain activity, the Government may, upon application from the county administrative board in the county in which the municipality is located, decide that responsibility for control of that activity shall be transferred to the county administrative
  • The Government may decide that the responsibility for control shall be returned to the Act (2006:809).

Regulations concerning official control

Section 25

The Government or the authority designated by the Government may issue regulations concerning

  1. how official control shall be conducted; and
  2. the obligation of a control authority or a control body engaged in of- ficial control to provide information to a coordinating control authority referred to in section 24 a, subsection (1). Act (2007:362).

Section 25 a

The Government may issue regulations prescribing which provisions in Regulation (EC) No 882/2004 of the European Parliament and the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, shall be applied when conducting official checks on animal keepers other than those holding food-producing animals. Act (2006:809).

Fees

Section 25 b

The Government or the authority designated by the Government may issue regulations on the obligation to pay a fee for official control under the Act, the regulations issued pursuant to the Act or the EC provisions supplemen- ted by the Act. This authorisation includes a right to issue regulations on the obligation of municipalities to such a fee. Act (2007:362).

Section 25 c

  • The Government or the authority designated by the Government may issue regulations on the obligation to pay a fee in cases processed by go- vernment authorities under the Act, the regulations issued pursuant to the Act or the EC provisions supplemented by the
  • The Government or, where so authorized by the Government, a municipal council may issue regulations on the obligation to pay a fee for processing by a municipal committee of cases under the Act, the regulations issued pursuant to the Act or the EC provisions supplemented by the Act. Act (2007:362).

Section 25 d

The Government or the authority designated by the Government may issue regulations on the calculation of fees charged by government authorities and control bodies. Act (2007:362).

Orders, prohibitions and remedies

Section 26

  • Over and above what follows from the EC provisions supplemented by the Act or what is specifically stated in section 24 e, a control authority may issue the orders and prohibitions that are needed to ensure compliance with the Act, the regulations and decisions issued pursuant to the Act, the EC provisions supplemented by the Act and the decisions adopted pursuant to the EC
  • Orders and prohibitions under subsection (1) or under the EC provisions supplemented by the Act may be combined with a conditional fine, though not in cases referred to in section
  • If a person fails to comply with the Act, the regulations or decisions is- sued pursuant to the Act, the EC provisions supplemented by the Act or the decisions adopted pursuant to the EC provisions, the control authority may decide on remedies at his or her expense. In urgent cases, such a decision may be adopted without a preceding Act (2006:809).

Right to information and access etc.

Section 27

  • To the extent needed to carry out checks, a control authority and a control body engaged in official control have a right to
  1. receive information and study documents on request; and
  2. receive access to areas, facilities, buildings, premises and other places where animals are kept or that are associated with the keeping of ani- mals and there inspect the animals, conduct investigations and take
  • The provisions in subsection (1) also apply as regards EC institutions and inspectors and experts appointed by the
  • A person who is subject to official control shall provide the assistance that is needed to allow the control to be carried out. Act (2006:809).

Assistance from a police authority

Section 27 a

The police authority shall provide the assistance that is needed for exercise of official control or enforcement of decisions under this Act, the regulations or decisions issued pursuant to the Act, the EC provisions supplemented by the Act or the decisions adopted pursuant to the EC provisions. Act (2006:809).

Exceptions for animals used in the armed forces

Section 28

The provisions of sections 24-25, 25 b and 26-27 a shall not apply to animals used in the armed forces. Act (2006:809).

Prohibition against having animals in care

Section 29

  • The county administrative board shall prohibit persons to have animals, or a particular species of animal, in their care if they:
  1. fail to comply with a decision taken by a control authority pursuant to section 26 which is of significant relevance to animal welfare;
  2. seriously neglect the control or care of an animal;
  3. maltreat an animal;
  4. have been convicted of cruelty to animals pursuant to chapter 16, section 13, of the Penal Code; or
  5. have repeatedly been convicted of offences pursuant to sections 36 or 36 a or have repeatedly been the subject of decisions pursuant to section 26.
  • No prohibition shall be imposed where the offence will manifestly not be repeated.
  • If the person who is the subject of the prohibition is the owner of the animal, the county administrative board may also order him to dispose of it and may forbid him to procure animals, or a particular species of animal, again.
  • The prohibition may apply for a fixed period or until further notice. Act (2006:809).

Taking charge of animals

Section 30

  • If an animal is found so severely ill or injured that it should be killed immediately, a veterinarian or a police officer, and in urgent cases another person, may kill the animal at
  • The person who has killed the animal shall immediately notify the owner or possessor of the animal to this effect. If this is not possible, the police authority shall be

Section 31

The county administrative board shall decide that an animal shall be taken in charge by the police authority if:

  1. the animal is gratuitously subjected to suffering and nothing is done to remedy the situation despite a request to this effect by the control authority;
  2. a decision adopted pursuant to section 26, which is of significant rele- vance to animal welfare, is not complied with;
  3. a decision adopted pursuant to section 29 is not complied with;
  4. the person who has the animal in his care has been convicted of cruelty to animals pursuant to chapter 16, section 13, of the Penal Code; or
  5. the person who has the animal in his care has repeatedly been convicted of offences pursuant to sections 36 or 36 a or has repeatedly been the subject of decisions pursuant to section 26. Act (2006:809).

Section 32

  • Notwithstanding the provisions of section 31, point 1, concerning requests and remedies, the county administrative board, the control authority or the police authority shall decide that an animal which has been subjected to suffering shall be taken in charge forthwith, where:
  1. there is no prospect of the fault being remedied;
  2. the owner of the animal is unknown or cannot be found; or
  3. for any other cause this is considered absolutely necessary in the inte- rests of animal
  • If such a decision is taken by an authority other than the county admi- nistrative board, the county administrative board shall be notified thereof and shall decide without delay whether or not it shall remain in
  • The police authority shall arrange for the animal to be taken in charge. Act (2006:809).

Section 33

  • Decisions under sections 31 or 32 shall also apply to offspring to which the animal taken care of gives birth while it is being taken care
  • When an animal is taken in charge, the owner shall not have access to the animal or to its offspring which has also been taken in charge without the permission of the county administrative board. Act (2003:52).

Section 34

  • When the county administrative board decides that an animal shall be taken in charge, it shall determine whether the animal is to be sold, other- wise transferred or
  • If it proves impossible to implement the county administrative board’s decision to sell or otherwise transfer an animal, the board may instead decide that the animal shall be
  • The police authority shall arrange for the animal to be sold, otherwise transferred or killed. Act (2002:550).

Section 35

  • Expenses incurred as a result of measures taken pursuant to sections 31 or 32 may be paid in advance out of public
  • If an animal is taken in charge pursuant to sections 31 or 32, the cost of the measure shall subsequently be paid by the person against whom it was directed, unless there are special reasons to the
  • If the police authority has arranged for the sale of an animal taken in charge, the final amount to be paid by the owner may be deducted from the purchase

Penalty provisions

Section 36

  • The penalty for offences committed deliberately or through negligence in the following cases shall be a fine or imprisonment for not more than two years:
  1. offences under sections 3, 5, 6, 8-11, 13, 14, 16-19a or 21;
  2. failure to comply with a rule issued pursuant to this Act; or
  3. failure to comply with an order or prohibition referred to in section 29.
  • The penalty for offences committed deliberately and in breach of an obligation that is important from the point of view of animal welfare shall be imprisonment for not more than two
  • No penalties shall be imposed for minor
  • No penalties shall be imposed pursuant to this Act where the penalty for the offence provided by the Penal Code is the same or more severe. Act (2002:550).

Section 36 a

  • A person who deliberately or through negligence infringes against the obligations, conditions or prohibitions contained in the EC provisions supplemented by the Act shall be sentenced to a fine or imprisonment for not more than two years. However, this does not apply if the infringement concerns provisions relating to exercise of official
  • The penalty for offences committed deliberately and in breach of an obligation that is important from the point of view of animal welfare shall be imprisonment for not more than two
  • No penalties shall be imposed for minor
  • No penalties shall be imposed pursuant to this Act where the penalty for the offence provided by the Penal Code is the same or more severe. Act (2006:809).

Section 37

  • A person who fails to comply with an order or prohibition issued under penalty of a fine shall not be liable under sections 36 or 36 a for the act to which such an order or prohibition
  • A person who has been ordered to pay an extra charge pursuant to section 3 subsection (4) for neglecting to arrange for prior approval of livestock buildings or other holding rooms for animals shall not be liable under sec- tion 36. Act (2006:809).

Appeals etc.

Section 38

  • Appeals against decisions taken by a municipal committee under this Act, under the regulations issued pursuant to the Act or under the EC provisions supplemented by the Act may be lodged with the county admi- nistrative board.
  • Appeals against decisions issued by a central government administrative authority under this Act, under the regulations issued pursuant to the Act or under the EC provisions supplemented by the Act may be lodged with an administrative court. Leave to appeal is required for an appeal to the administrative court of
  • Appeals against other decisions taken by a central government adminis- trative authority may be lodged with the Government. Act (2007:362).

Section 39

The Government may issue regulations on cases in which a decision under this Act, under the regulations issued pursuant to the Act or under the EC provisions supplemented by the Act shall have immediate effect even if an appeal has been lodged against it. Act (2006:809).

Transitional provisions

1988:534

  1. This Act shall enter into force on 1 July 1988, when the Animal Welfare Act (1944:219) and the Slaughter of Domestic Animals Act (1937:313) shall cease to
  1. Decisions on orders, prohibitions or permits that have been given prior to the entry into force shall be deemed to have been adopted under the new Act, unless otherwise decided by the Government or the authority designated by the
  2. If reference is made in an Act or other legislation to a provision that has been replaced by a provision in this Act, the new provision shall apply instead. Act (1991:404).

1995:1714

This Act shall enter into force on 1 May 1996 but shall not apply in cases where the first decision in the case has been taken before then.

1998:56

  1. This Act shall enter into force on 1 March
  2. With regard to such use of laboratory animals as has been approved prior to the entry into force, approval under the new wording of section 21 is not required and the older wording of section 2 shall

2002:550

  1. This Act shall enter into force on 1 January
  2. Orders and prohibitions adopted under older provisions shall continue to apply after the Act has entered into
  3. Older provisions shall apply to cases initiated or decisions adopted before this Act entered into
  4. The Government or, where so authorized by the Government, the Swedish Board of Agriculture may issue the regulations that may be necessary for a transitional

2002:891

  1. This Act shall enter into force on the day determined by the Govern-
  2. Permits issued under older provisions shall continue to apply after the Act has entered into
  3. Older provisions shall apply to cases initiated or decisions adopted before this Act entered into
  4. The Government or, where so authorized by the Government, the Swedish Board of Agriculture may issue the regulations that may be necessary for a transitional

2003:52

  1. Section 33 of this Act shall enter into force on 1 July 2003 and the rema- inder of the Act on 1 January
  2. The Government or the authority designated by the Government may issue the regulations that may be necessary for a transitional
  3. The Government or the authority designated by the Government may issue the regulations concerning exemptions from the permit requirement for activities under section 16 that may be necessary for a transitional Act (2003:1076).

2003:1077

  1. This Act shall enter into force on 1 January
  2. The provision in section 3 a shall apply to measures that require prior approval after 1 January

2006:809

  1. This Act shall enter into force on 1 July
  2. Up to and including 31 December 2010, instead of the provision in section 25 b the following shall The Government or the authority designa- ted by the Government may issue regulations directing that a fee may be charged for official control under the Act, the regulations issued pursuant to the Act or the EC provisions supplemented by the Act. The Government may delegate responsibility for issuing regulations on such fees to the mu- nicipality. Act (2007:362).

2007:362

This Act shall enter into force on 1 July 2007.

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