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455.1 TSCHVOPAN CH

Art. 2 Ordinance of April 23, 2008, on the Protection of Animals (OPAn) - Definitions

OPAn; Chapitre 1 Dispositions générales
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Art. 2 OPAn · Definitions

Animals are classified into the following categories based on their domestication status: a. Domestic animals: domesticated animals of the equine, bovine, ovine, caprine, and porcine species, excluding exotic species; domesticated yaks and buffaloes, llamas and alpacas; domestic rabbit, domestic dogs and cats, domestic pigeons, domestic poultry such as chickens, turkeys, guinea fowl, domestic geese, and ducks; b. Wild animals: all vertebrates, except domestic animals, as well as cephalopods and walking decapods.

Based on the purposes of use, animals are classified into the following categories: a. Farm animals: animals of species kept directly or indirectly for the production of foodstuffs or to provide another specific service, or intended to be used for such purposes; b. Companion animals: animals kept for interest in the animal or as companions in one's own household, or intended for such use; c. Experimental animals: animals used in an experiment or intended for such use.

Within the meaning of this ordinance, the following terms mean: a. Professionally: the trade, possession, care, or breeding of animals carried out for profit for oneself or others or to cover one's own or others' costs; the compensation is not necessarily financial; b. Change of assignment: the adaptation of a holding system in existing buildings, a holding system for animals of another species or another category of the same species, or a new holding system for animals of the same category; c. Outings: the act of an animal freely moving outdoors, deciding its own pace, direction, and speed without being hindered in its movements by ties, bridles, leashes, harnesses, ropes, chains, or similar bonds; d. Box: the enclosure inside a premises; e. Enclosure: the fenced area in which animals are kept, including the exercise areas, cages, aviaries, terrariums, aquariums, ponds, and fishing ponds; f. Exercise area: the pasture or enclosure arranged to allow animals to move freely every day and in all weather conditions; g. Housing: covered facilities, such as shelters, stalls, or huts where animals are kept or can take refuge to protect themselves from weather conditions; h. Kennel: the outdoor enclosure equipped with housing or additional space, permanently accessible, located inside a building; i. Breeding: the targeted mating of animals to achieve a breeding goal, reproduction without a breeding goal, or the production of animals using artificial breeding methods; j. Breeding goal: the expression in an animal of all physiological or aesthetic characteristics sought to be obtained through selection; k. Mutants with a debilitating phenotype: any animal that, due to genetic modification, experiences pain or ailments, presents damage, lives in a state of anxiety, or suffers for another reason from a profound impairment of its physical appearance or abilities. The debilitating mutation may have occurred spontaneously, been induced by a physical or chemical factor, or produced by genetic engineering; l. Line or strain with a debilitating phenotype: the line or strain that includes animals carrying a debilitating mutation or whose breeding results in animals excessively instrumentalized; m. Animal facility: the establishment that holds, breeds, or markets experimental animals; mbis. Constraint-reducing measures: measures allowing for the reduction or avoidance of constraints experienced by an animal in an animal facility or during an experiment, such as care or adaptation of holding conditions; mter. End criteria: certain pre-defined events or symptoms that, if they occur or appear, must lead to: 1. The killing of the animal in an animal facility, 2. The removal of the animal from the experiment and possibly its killing; n. Slaughter: the killing of animals for the purpose of producing foodstuffs; o. Utilization: 1. Of an equine: work under saddle, by hand, or in the harness and movements in a carousel, 2. Of a dog: use for purposes other than companionship, 3. Of other animals: use of an animal product, exploitation of a behavioral trait in a professional context; p. Equids: domesticated animals of the equine species, namely horses, donkeys, mules, and hinnies; q. ... r. Bovines: domesticated animals of the bovine species, including yaks and buffaloes; s. Animal boarding or shelter: an establishment that hosts animals for boarding or that takes in and cares for ownerless animals or those whose owner had to part with them; t. Animex-ch information system: the information system targeted by the ordinance of September 1, 2010; u. FSVO: Federal Food Safety and Veterinary Office; v. Genetically modified animals: animals whose genetic material has been altered in germ cells by genetic modification techniques as per Annex 1 of the ordinance of May 9, 2012, on contained use in a manner not occurring through natural breeding or recombination; w. Walking decapods: crustaceans of the suborder Pleocyemata, except for infraorders Stenopodidea and Caridea.

The terms summering region, mountain region, and standard labor unit are used as defined in agricultural legislation.

Newly developed, under this ordinance, means new constructions and existing buildings that have undergone a change of assignment as well as annexed buildings that have been rebuilt or expanded.

← Art. 1 OPAn Ordinance of April 23, 2008 on the Protection of Animals (OPAn) - Purpose Art. 3 OPAn →

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Court Decisions Applying This Provision (22)

603 2024 186 · fr (art. 2 al. 2 let. a OPAn)
Appeal Against Ten-Year Livestock Ban for Persistent Animal Welfare Violations
Used to specify which animals (livestock) are subject to the prohibition of detention, trade, and breeding.
603 2023 100 · fr (art. 2 al. 2 let. a OPAn)
Owner v. State Regarding Livestock Prohibition Following Animal Welfare Violations
This provision defined the scope of the prohibition on keeping, trading, and breeding animals, limiting it to 'livestock' (animaux de rente).
WBE.2023.52 · ag (Art. 2 Abs. 1 lit. a TSchV)
Farmer v. Department of Health and Social Affairs (Animal Welfare)
Specifies that floors for cattle must meet the animals' heat needs, be non-slip, clean, and sufficiently dry in the lying area.
7H 18 4 · lu (Art. 2 Abs. 3 lit. c TSchV)
Cantonal Court Upholds Specific Animal Welfare Directives for Tethered Cattle Management
Cited in the context of defining 'Auslauf' (exercise area) which informs the requirements being upheld.
7H 18 4 · lu (Art. 2 Abs. 3 lit. f TSchV)
Cantonal Court Upholds Specific Animal Welfare Directives for Tethered Cattle Management
Cited in the context of defining 'Auslauffläche' (exercise surface) which informs the requirements being upheld.
VB.2014.00271 · zh (Art. 2 Abs. III lit. e TSchV)
Petitioner v. Construction Authority Regarding Fence Material and Landscape Impact
This provision is listed under 'Rechtsnormen' and relates to animal welfare and is relevant to the case concerning the size of the paddock.
SB110758 · zh (Art. 2 lit. a TSchV)
State v. [Accused Name] (Animal Cruelty Appeal)
Cited in the conviction for the attempted offense against the Animal Welfare Act.
B.2007.137 · sg (Art. 2 TSchV)
Animal Welfare Regulations Compliance Upheld Against Spatial Planning Challenge
Cited in the reasoning as the legal basis for the order concerning adequate feeding.
B.2007.137 · sg (Art. 2 TSchV)
Veterinary Enforcement Orders on Cattle and Donkey Welfare Upheld
The court considered the orders based on the Tierschutzverordnung concerning animal feeding.
52.2006.274 · ti (art. 2 OPAn)
Agricultural Operator Appeal of Livestock Ban Upheld
Cited in the list of articles considered, concerning the required standards for animal provisioning.
GE.2006.0078 · vd (art. 2 OPAn)
Agricultural Operator v. Veterinary Service (Animal Welfare Non-Compliance)
The court confirmed the decision to remedy shortcomings based on the provisions of the Animal Protection Ordinance, cited in the preamble of the decision.
VB.2005.00130 · zh (Art. 2 Abs. 1 TSchV)
Horse Welfare and Housing Regulations Appeal Dismissal
Cited in the background information, suggesting relevance to the substance of the dispute, although not explicitly in the final orders shown here.
VB.2005.00130 · zh (Art. 2 Abs. 2 TSchV)
Horse Welfare and Housing Regulations Appeal Dismissal
Cited in the background information, suggesting relevance to the substance of the dispute, although not explicitly in the final orders shown here.
VB.2004.00206 · zh (Art. 2 Abs. III TSchV)
Wildlife Park Lynx Live-Feeding Experiment Authorization Denial
Cited in the case summary, indicating the federal ordinance relevant to the decision on the appeal.
52.2001.125 · ti (art. 1, art. 2, art. 35 a 44 OPAn)
Appeal Regarding Authorization Requirements for Keeping Pheasants and Partridges
These articles of the Cantonal Ordinance on Animal Protection were cited as the general legal framework applicable to animal keeping.