Animal Protection Ordinance - Organization

1. The Animal Protection Act of March 9, 1978, and the Animal Protection Ordinance of May 27, 1981, are enforced by the following bodies

a) Government Council,

b) * Department of Health and Social Affairs,

c) Cantonal Veterinarian,

d) Commission for Animal Experiments,

e) Game Wardens,

f) * ...

g) Cantonal Police,

h) Municipal Authorities.

1. The Government Council has the supervisory authority over the enforcement of animal protection legislation in the canton.

1. The Department of Health and Social Affairs, in collaboration with the Commission for Agriculture and Forestry, exercises direct supervision over the cantonal and municipal enforcement agencies.

2. The Department of Health and Social Affairs is furthermore responsible for

a) the recognition of training establishments for animal caretakers,

b) the issuance of proficiency certificates for animal caretakers,

c) the recognition of zoological gardens and animal parks for the trade in monkeys and prosimians, as well as large felines.

1. The cantonal veterinarian enforces the animal protection legislation, unless otherwise specified.

2. Unless another authority is responsible, he issues the permits pursuant to the animal protection legislation.

3. He recognizes the training courses for animal caregivers.

4. He may consult experts.

1. The Government Council shall establish a commission for the oversight of animal experimentation.

2. It is authorized to regulate this task through agreements with other cantons as well.

1. The gamekeeper approves artificial dens for training and testing ground dogs.

2. Events where ground dogs are trained or tested in dens must be reported to him in a timely manner before their execution.

1. The municipalities are obligated to assist in the enforcement of animal protection legislation.

1. Animal protection organizations may be involved in the execution.

1. Applications for the authorization of commercial and private wildlife holdings must be submitted to the cantonal veterinarian on a special form. The authorization is granted by the veterinarian pursuant to Art. 43 of the Animal Welfare Ordinance.

2. Significant changes in the animal stock or to structures must be reported to the cantonal veterinarian in advance. He decides whether a new authorization is required.

3. He inspects the commercial wildlife holdings at least once a year.

1. In the animal inventory control for wildlife holdings, the following must be specified

a) Species and number of animals held,

b) Date of acquisition or birth of the animals,

c) Date of disposal or death of the animals,

d) Origin and recipient of the animals,

e) Cause of death.

2. No control is required for freshwater fish and feed animals.

3. The animal inventory control must be retained for two years beyond the date of disposal or death of the animals listed therein. The supervisory authorities may inspect it at any time.

4. The Cantonal Veterinarian may issue directives for maintaining the animal inventory control. In particular, he may order that animals be marked and that the identifiers be listed in the animal inventory control.

1. Applications are to be submitted to the Cantonal Veterinarian for

a) the approval for the trade and advertising of animals. The application for trade must be submitted on a special form[15].

b) the recognition of zoological gardens and animal parks for trading in monkeys, prosimians, and big cats.

2. The Department of Health and Social Affairs recognizes the zoological gardens and animal parks for trading in monkeys, prosimians, and big cats[16].

3. The Cantonal Veterinarian issues the remaining permits for the trade and advertising of animals. They inspect approved animal businesses at least every two years[17]. This inspection can be delegated to another veterinarian or a qualified person who possesses the necessary expertise.

1. In animal establishments, a record must be maintained for

a) Wild animals that may only be kept with a permit according to Art. 39 and 40 TSchV,

b) Dogs and cats,

c) Parrots and parakeets.

2. The inventory control for animal establishments must specify

a) The type and number of animals kept,

b) The date of acquisition or birth of the animals,

c) The date of transfer or death of the animals,

d) The origin and recipient of the animals,

e) The cause of death.

3. The inventory control of animals must be retained for two years beyond the date of transfer or death of the animals listed therein. Supervisory authorities may inspect the records at any time.

4. The cantonal veterinarian may issue instructions for maintaining the inventory control of animals.

1. The cantonal veterinarian must be notified in writing of all animal experiments. Applications for the approval of animal experiments pursuant to Art. 13 of the Animal Welfare Act (AWG) must be submitted on a special form.

2. The cantonal veterinarian grants the approval. He determines the type and duration of any deviations from the housing regulations.

3. He communicates the approvals for animal experiments and rejected applications to the Commission for Animal Experiments and the Federal Office for Veterinary Affairs.

4. The completion of animal experiments must be reported to the cantonal veterinarian on a special form within two months after the end of the experiment.

1. The Commission for Animal Experiments advises the Cantonal Veterinarian on all matters related to animal experiments. It comments on applications submitted to it by the Cantonal Veterinarian. It independently reviews the keeping of laboratory animals and the conduct of animal experiments, either on its own initiative or on behalf of the Cantonal Veterinarian.

2. The Commission or delegations appointed by the President have the right to visit facilities, institutes, and laboratories that keep laboratory animals or conduct animal experiments, and to attend the conduct of experiments. As a rule, at least two commission members should be delegated. The Commission informs the directors of the institutes and laboratories at the start of the inspections.

3. The Cantonal Veterinarian may independently review the keeping of laboratory animals and the conduct of animal experiments, irrespective of the Commission.

1. The Commission shall review at least once a year institutions and laboratories conducting approved animal experiments.

2. It particularly verifies whether

a) the experimental animals are kept in accordance with the provisions of animal protection legislation,

b) the animal experiments are conducted in accordance with the authorization,

c) the animal experiments are supervised by the experiment leader as prescribed,

d) the animal inventory control and the protocol for the animal experiment are maintained in accordance with regulations.

3. It prepares a brief report for each inspection for the Cantonal Veterinarian; objections that may lead to measures or the revocation of approvals are communicated to the facility, institution, or laboratory by the Cantonal Veterinarian.

4. The Commission reports annually to the Government Council on its activities.

1. In the Animal Inventory Control for Laboratory Animal Facilities, the following must be specified

a) Species and number of animals held,

b) Date of acquisition or birth of the animals,

c) Date of transfer or death of the animals,

d) Origin and recipients of the animals,

e) Purpose of use,

f) Cause of death.

2. The Animal Inventory Control must be retained for two years beyond the date of transfer or death of the animals listed therein. Supervisory authorities may inspect them at any time.

3. The Cantonal Veterinarian may issue directives for maintaining the Animal Inventory Control.

1. The Department of Health and Social Services determines in which cases deposits must be provided for permits related to the commercial keeping of wild animals and the commercial trade in animals. These deposits are to be lodged with the Appenzell Ausserrhoden Cantonal Bank.

1. Fees corresponding to the effort involved shall be charged for inspections, permits, orders, and the like. The government council shall issue a fee schedule.

1. Orders of the enforcement authorities can be appealed to the Department of Health and Social Affairs, and its orders can be appealed to the Executive Council.

2. Decisions on appeals can be contested by filing a complaint with the Higher Court.

1. The enforcement authorities shall have access to premises, facilities, vehicles, objects, and animals in accordance with Art. 34 of the Animal Protection Act (TSchG).

1. The cantonal police assist the enforcement authorities. They report violations of animal protection legislation to the cantonal veterinarian.

1. Penal Orders, Convictions, and Termination Orders concerning Violations of Animal Protection Legislation must be communicated to the Cantonal Veterinarian and the Federal Prosecutor's Office.

1. The following must be submitted to the Cantonal Veterinarian by the end of 1986

a) the schedule with the intended measures for adapting existing domestic and wild animal husbandries,

b) the application for the issuance of a certificate of competence pursuant to Art. 75 para. 2 TSchV as the owner of a pet shop, a commercial wild animal husbandry, or to persons who have been working as animal caretakers for more than five years.

1. This regulation shall enter into force upon approval by the Federal Council.