THE ANIMAL PROTECTION ACT
Swedish Code of Statues, SFS 1988:534
Promulgated on June 2, 1988.
The following is hereby provided by Act of Parliament.
This Act applies to the
care and treatment of domestic animals. It also applies to other animals if
they are kept in captivity.
Basic provisions concerning the keeping and treatment of
animals
Animals shall be treated
well and be protected from unnecessary suffering and disease.
(1) Animals shall be
provided with sufficient food and water and adequate care. Stables and other
premises shall provide animals with adequate space and shelter, and they shall
be kept clean.
(2) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue further directions concerning
·
1. stables and other premises for animals,
·
2. obligation to have such premises inspected prior to use, and
·
3. obligation to have new technology relating to animal husbandry
pre-tested.
(1) Animals which are
bred and kept for the production of food, wool, skins or furs shall be kept and
handled in a good environment for animals and in such a way as to promote their
health and allow natural behaviour.
(2) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue further directions concerning the treatment of such animals.
Animals must not be
overstrained.
Nor may the be beaten or
driven with implements which may easily wound or otherwise injure them.
(1) Animals must not be
kept tied in a painful way or in a way that does not allow them necessary
freedom of movement or sufficient shelter against wind and weather.
(2) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue further directions concerning the tying of animals.
The Government or, upon
authorization by the Government, the National Board of Agriculture may issue
directions concerning prohibitions or conditions relating to the keeping of
animals in captivity.
(1) The means of
transport used for the transportation of animals shall be suitable for the
purpose and provide shelter against heat and cold and protect the animals from
shocks and abrasions and the like. To the extent necessary, the animals shall
be kept separate from each other.
(2) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue further directions concerning the transportation of animals.
A sick or injured animal
shall be provided with the necessary care without delay, unless the illness or
injury is so severe that the animal must be destroyed immediately.
(1) It shall be prohibited
to perform surgery on animals for other reasons than the requirements of
veterinary medicine, unless directions concerning exceptions to this provision
have been issued under the provisions of subsection (3) below.
(2) Subsection (1) above
does not apply to animals used for purposed referred to in Section 19 (1).
(3) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue further directions concerning surgery on animals and concerning
exceptions from subsection (1) in the case of such animals as are referred to
in Section 4, or if special reasons exist.
(1) A veterinary surgeon
shall be called when surgery is to be performed on animals. The same shall
apply to other treatment intended to prevent, establish the existence of,
alleviate, or cure illness or injury in an animal, if the treatment causes
material suffering.
(2) Subsection (1) above
shall not apply if the treatment is so urgent that there is no time to call a
veterinary surgeon.
(3) In the case of
animals used for the purposes referred to in Section 19 (1), surgery or other
treatment may also be performed by a person having the prescribed training.
(4) The Government or
upon authorization by the Government, the National Board of Agriculture may
issue directions concerning exceptions from subsection (1) above.
(1) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue directions concerning prohibitions or conditions relating to
·
1. the use of genetical engineering on animals,
·
2. the feeding of hormones or other substances to animals in order
to alter their characteristics for any other purpose than to prevent, establish
the existence of, alleviate, or to cure disease or symptoms of disease, or
·
3. breeding of a kind that may entail suffering for the animals or
have an effect on their natural behaviour.
(2) Subsection (1), item
2 does not apply to substances embraced by the Food Act (1985:295).
When animals are taken
to slaughter and when they are slaughtered, they shall be spared unnecessary
discomfort and suffering.
(1) Domestic animals
shall be stunned before being bled prior to slaughter. No other measures may be
taken in connection with slaughter before the animal is dead.
(2) Sentence 1 of
subsection (1) above shall not apply to animals which, as a result of illness
or accident, must be slaughtered immediately.
(3) The Government or,
upon authorization by the government, the National Board of Agriculture may
issue directions concerning exceptions from sentence 1 of subsection (1) with
respect to poultry and rabbits.
The Government, or upon
authorization by the Government, the National Board of Agriculture may issue
further directions concerning the slaughter and killing of animals in other
cases.
Obligation to obtain a licence for keeping animals in
certain cases.
(1) A licence to carry
on activities must be obtained by a person who, commercially or on a large
scale
·
1. breeds or sells dogs, or receives dogs to take care of and
feed,
·
2. hires out or uses horses in riding-school activities, or
·
3. breeds furred animals.
(2) Applications shall
be considered by the local Environment and Health Protection Committee, which
also may withdraw a permit which has been granted.
(3) In considering
applications, special attention shall be paid to the question of whether the
applicant can be considered qualified to conduct the activity and whether the
installations in which the activity is to take place are suitable from the
point of view of animal protection.
Races and exhibitions involving animals
(1) Animals must not be
trained for or used in races in such a way that they are subjected to
suffering. This shall also apply to film, video or television productions and
shows or other types of exhibition arranged for the public.
(2) The Government or,
upon authorization by the Government, the National Board of Agriculture may
issue further directions concerning such use of animals.
(1) An animal which is
trained for or takes part in a race on a race-course may not be subjected to
doping or other improper measures which affect the animal's capacity or
temperament.
(2) The Government or,
upon authorization by the Government, the National Board of Agriculture, may
issue directions concerning measures which are not permitted.
Use of animals for scientific purposes, etc
(1) Animals must not
without permission from the Government or, if so decided by the Government,
from the National Board of Agriculture, be used for scientific research or
education, the diagnosis of diseases, the manufacture of drugs or chemical
products or for other comparable purposes if the animals are subjected to
surgery, injection, bleeding or other suffering. Only animals bred for such
activities may be used. Such breeding may not take place without permission
from the National Board of Agriculture.
(2) In considering
applications pursuant to Subsection (1), special attention shall be paid to the
question of whether the applicant can be considered qualified to conduct the
activity and whether the installations in which the activity is to take place
are suitable from the point of view of animal protection. In the considering of
applications for the breeding of animals for experimental purposes, the
necessity of using such animals shall also be taken into account.
(3) A licence issued
pursuant to subsection (1) may be withdrawn.
The Government or upon
authorization by the Government, the National Board of Agriculture, may issue
directions concerning exceptions from the provisions of the subsection (1),
sentence 2.
(1) If a licence has
been issued pursuant to Section 19 (1), sentence 1, there must be a supervisor
approved by the National Board of Agriculture who is responsible for the
activities.
(2) A person who uses
animals in activities referred to in Section 19 (1), assists in such use of
animals or looks after them shall be adequately trained.
(3) Directions
concerning such training shall be issued by the Government or authority so
empowered by the Government.
(1) The use of animals
for the purposes referred to in Section 19 (1) shall be subject to examination
on ethical grounds before commencement of the activity.
(2) The Government or
authority so empowered by the Government may issue further directions
concerning such examination, as well as directions concerning exemption therefrom.
The Government or
authority so empowered by the Government may issue directions concerning
exemption from the provisions of this Act in the case of animals that are used
for the purposes referred to in Section 19 (1).
A person using animals
for the purposes referred to in Section 19 (1) shall submit information
concerning the use of animals, as prescribed by the Government or the authority
so empowered by the Government.
(1) The National board
of Agriculture shall exercise central supervision in compliance with this Act
and, unless otherwise stated, the directions which have been issued under the
provisions of this Act. The National board of Agriculture shall coordinate the
activities of other supervisory authorities and, if necessary give advice and
assistance in these activities.
(2) The local
Environment and Health Protection Committees shall exercise supervision in
municipalities unless the Government has prescribed that supervision shall be
exercised by other means.
(3) Other supervisory
activities shall be exercised by the authority or authorities so empowered by
the Government.
(4) The police
authorities shall if so requested give such assistance as is necessary in the
exercise of supervision.
The government or, upon
authorization by the Government, the National Board of Agriculture may direct
that a charge be made for supervision and other matters pursuant to this Act.
(1) A supervisory
authority may issue the orders and prohibitions which are necessary for
compliance with this Act or with directions issued under the provisions of this
Act.
(2) A supervisory
authority may make orders or prohibitions subject to the penalty of a fine
except, however in cases referred to in Section 29.
(3) If a person does not
comply with this Act or with directions issued pursuant to this Act, or does
not obey an order issued by a supervisory authority, the authority may order
rectification to be made at his expense. In urgent cases such a decision may be
issued without any previous order.
(1) For the purpose of
supervision in accordance with this Act, supervisory authorities shall be
entitled access to areas, buildings, premises and other places where animals
are kept and to inspect the animals perform inspections and take samples there.
(2) Supervisory
authorities shall be entitled upon demand to receive such information and
documents as are required for supervision.
The provisions of
Sections 24, 26 and 27 shall not apply to animals which are used in the armed
forces.
Prohibition to have charge of animals
(1) A county
administrative board may issue a prohibition against having charge of animals
aor a certain kind of animal in the case of a person who
·
1. neglects to comply with a decision issued by a supervisory
authority pursuant to Section 26 which is of material importance from the point
of view of animal protection,
·
2. has seriously neglected the supervision or care of an animal,
or
·
3. has maltreated an animal.
(2) If a person against
which the prohibition is directed is the owner of the animal, the county
administrative board may further order him to dispose of it and forbid him to
procure animals at all, or a certain kind of animal.
(3) The prohibition may
apply to a certain period or until further notice.
(1) If an animal is
found so severely ill or injured that it should be destroyed immediately, a
veterinary surgeon or a police officer and in urgent cases another person, may
destroy the animal at once.
(2) The person who has
killed the animal shall immediately notify the owner or keeper of the animal to
this effect. If this cannot be done, the police authorities shall be notified.
The county administrative
board may decide that an animal shall be taken care of by the police
authorities if
1. the animal is
unwarrantably subjected to suffering and this is not remedied at the
instructions of the supervisory authority,
2. a direction issued
under the provisions of Section 26 is not complied with and the direction is of
material importance from the point of view of animal protection, or
3. a direction which has
been issued under the provisions of Section 29 is not complied with.
(1) Notwithstanding the
provisions of Section 31, item 1 concerning instructions and remedies, the
county administrative board, a supervisory authority or the police authorities
may decide that an animal which has been subjected to suffering shall
immediately be taken in charge if
·
1. there is not prospect of the fault being remedied,
·
2. the owner of the animal is unknown or cannot be found, or
·
3. it is otherwise considered essential on the grounds of animal
protection.
(2) If such a decision
is delivered by an authority other than the county administrative board,
notification thereof must be given to the county administrative board, which
shall decide without delay whether it shall remain in force.
When an animal has been
taken in charge, the owner shall not have access to it without permission from
the county administrative board.
(1) When the county
administrative board decides that an animal shall be taken in charge, the
decision shall state whether the animal is to be sold or destroyed.
(2) If the county
administrative board has decided that the animal is to be sold and the decision
proves impossible to execute, the county administrative board may instead
decide that the animal shall be killed.
(3) The animal shall be
killed or sold by the agency of the police authorities.
(1) Expenses incurred
due to measures taken under the provisions of Sections 31 or 32 may be advanced
from public funds.
(2) If an animal is
taken in charge under the provisions of Sections 31 or 32, the expense shall
ultimately be paid by the person against whom the measure was directed, unless
there are special reasons to the contrary.
(3) If an animal taken
in charge has been sold through the agency of the police authorities, the
amount which shall ultimately be paid by the owner may be deducted from the
purchase amount.
(1) The penalty for
offences committed deliberately or through negligence
·
1. against Sections 3, 5, 6, 8-11, 16-19 or 21
·
2. against a direction issued under the provisions of this Act, or
·
3. for failure to comply with an order or a prohibition referred
to in Section 29, shall be a fine or imprisonment for not more than one year.
(2) No penalty shall be
imposed for minor offences. The same shall apply in the case of offences which
are punishable under the Criminal Code.
A person who neglects to
obey an order to pay a fine or fails to comply with a finable prohibition shall
not be liable under this Act for the action to which such an order or prohibition
applies.
(1) Appeals against a
decision of an environment and health protection committee under the provisions
of this Act or pursuant to provisions issued under this Act may be lodged with
the county administrative board.
(2) Appeals against a
decision made in special cases by a government authority other than the
Government pursuant to this Act or pursuant to a government authorization under
this Act may be lodged with the Administrative Court of Appeal.
(3) Other decisions
rendered by the National Board of Agriculture or by another government
authority pursuant to this Act, may be made to the Government.
(1) Decisions referred
to in Sections 29, 31 and 32 shall become effective immediately, unless decided
otherwise by the authority.
(2) In other cases, an
authority may decide that a decision shall apply even if an appeal has been
made.
1. This Act enters into
force on July 1, 1988 when the Animal Protection Act (1944:21) and the Act
(1937:313) concerning the Slaughter of Domestic Animals shall cease to be
valid.
2. Decisions concerning
orders, prohibitions, permissions or licences which have been rendered before
entry into force of this Act shall be considered as having been rendered under
the new Act, unless otherwise decided by the Government or authority so
empowered by the Government.
3. If reference is made
in a law or other statue to a provision which has been superseded by a
provision in this Act, the new provision shall apply instead.
4. The Government, or
upon authorization by the Government, the National Board of Agriculture, any
issue any directions concerning exceptions and exemptions that may be necessary
during a transitional period.
On behalf of the
Government
G. SIGURDSEN
MATS HELLSTROM
(Ministry of Agriculture)