Implementing Regulation of the Act of 31 October 2006 on the Regulation of Dogs (RLPolC) (RLPOLC)

1. This regulation outlines the implementation procedures of the Dog Control Act (hereinafter: the Act).

2. The Act is enforced by the department responsible for veterinary affairs (hereinafter: the department) under the supervision of the cantonal veterinarian. In case of impediment, his deputy replaces him.

3. The department includes a Dog Control sector with a manager (hereinafter: Dog Control Manager). Investigative operations are conducted by the staff of this sector under the responsibility of the cantonal veterinarian. If necessary, other employees of the department may assist the sector.

4. The cantonal veterinarian appoints the staff of the Dog Control sector who must be sworn in pursuant to Article 27 of the Act. The head of the department responsible for veterinary affairs administers the oath to the designated officials.

1. The following breeds are considered potentially dangerous within the meaning of Article 3, paragraph 1 of Law [A]

- American Staffordshire Terrier (Amstaff);

- American Pit Bull Terrier (Pit Bull Terrier);

- Rottweiler.

2. Dogs whose one parent is part of one of the above breeds are also considered potentially dangerous dogs.

3. It is incumbent upon the owner of a potentially dangerous dog to report it without delay to the service and to provide information allowing the identification of the dog's breed and that of its parents.

1. Each dog must wear a collar or a tag indicating the name and contact details of the owner. Municipal requirements for identification remain reserved.

2. Regarding microchip identification, the provisions of federal legislation on animal diseases [B] apply.

1. The database contains the identification data required by federal legislation on epizootics [B].

2. The cantonal veterinarian may have it recorded in the database that the dog has undergone a behavioral assessment.

1. The data bank is designated by the Federal Council.

2. The data bank meets the following requirements

a. it is national in character;

b. it is capable of recording the identification data required by federal legislation on epizootic diseases [B] as well as additional data that the cantonal veterinarian may have entered under federal legislation and Article 4, paragraph 2;

c. it has the capacity to manage all data concerning the canine population of the canton;

d. it provides authorized parties with direct access to all its data at all times;

e. it ensures strictly confidential processing of all data entrusted to it;

f. it complies with the conditions relating to cross-border data communication set out in data protection legislation [C] if it is connected to European data banks.

1. The entitled parties to the database are the service, the police bodies, the municipalities, and the veterinarians.

2. The data may only be used by the entitled parties for purposes relevant to law [A], the regulation concerning the dog tax [D], the federal legislation on animal protection [E], or that on epizootics [B].

1. Data provided to the rights holders by the database shall be processed confidentially.

2. The data must be destroyed or rendered anonymous as soon as they are no longer necessary for the purpose for which they were collected.

1. Dogs resulting from prohibited breeding as well as dogs imported as defined in Article 11 of Law [A] are immediately confiscated.

2. After an investigation regarding these dogs and their progenitors, and if necessary following a behavioral assessment, efforts are made to rehome them with a new holder who possesses the required authorization. In this case, the dogs are sterilized.

3. If the dogs cannot be rehomed due to their dangerousness or the inability to find them a new holder within a reasonable time frame, they are euthanized.

4. The costs related to the confiscation, rehoming, sterilization, and, if applicable, euthanasia of the dogs are borne by their initial holder.

1. The granting of an authorization to own a potentially dangerous dog within the meaning of Article 12 of Law [A] is subject to the following cumulative conditions

a. the owner is of legal age and has not been subject to any sanction or administrative or criminal measure relating to animals in Switzerland;

b. the owner is not under guardianship;

c. the owner holds a personal liability insurance policy;

d. the owner has not been criminally convicted of a crime or a serious offense and provides a copy of their criminal record for this purpose;

e. the owner does not give rise to suspicion of dangerous use of the dog;

f. the owner does not show addiction to alcohol, narcotics, or any other substance altering consciousness;

g. the dog does not come from a breeding facility deemed dangerous;

h. the conditions of ownership set out by federal animal welfare legislation [E] are met;

i. the owner and their dog have successfully passed the conductibility, obedience, and mastery test (hereinafter: COMT);

j. the owner demonstrates sufficient cynological experience.

2. The service may verify the current or future ownership conditions of the dog.

3. In duly justified cases, the service may ease these conditions.

4. The owner must be able to present their ownership authorization at all times.

5. The authorization to own the same potentially dangerous dog may only be granted to three individuals, including the primary owner.

1. Potentially dangerous dogs are subject to the TCOM after reaching the age of twelve months.

2. The TCOM is carried out in the presence of the keeper by a specialist, typically a service veterinarian with the necessary canine expertise. Depending on the circumstances, the service may decide to have the dog evaluated without the presence of the keeper.

3. The service may delegate this task as well as registration procedures to municipalities that have the necessary infrastructure and competent personnel, in which case they are reimbursed three-quarters of the fee collected at the issuance of the authorization.

4. Between the notification to the service of a potentially dangerous dog under twelve months old and the successful completion of the TCOM, the keeper is granted a temporary holding permit if the conditions of Article 9, paragraph 1, letters a to h are all fulfilled.

1. The holder demonstrates sufficient cynological experience as stipulated in Article 9, paragraph 1, letter j if, following the TCOM, they undertake seventy-two hours of canine education courses with their dog over a maximum period of two years. The canine education course must commence within forty-five days following the TCOM.

2. If the conclusions of the TCOM are favorable, the service exempts the holder from attending the canine education course or reduces its duration.

3. A certificate of attendance for the canine education course must be provided to the service at the beginning and at the end of the course. After receiving the first certificate and if the other conditions of Article 9, paragraph 1 are met, the service issues a provisional holding authorization for the duration of the canine education course, for a maximum of two years.

1. An authorization to keep an additional dog in the household alongside a potentially dangerous dog is also required to replace a dog that has died or been transferred to third parties.

2. This authorization or the authorization for keeping dogs regulates the possibilities and conditions for joint walks of the dogs, according to the cynological competencies of the community members as well as the weight and shoulder height of the dogs.

3. The cantonal veterinarian issues a directive to this effect that defines the general rules on the matter. This directive is published in the Official Gazette and on the canton's website, on the service's page.

1. Owners who have not obtained or cannot obtain the authorization to possess, but whose dog is not deemed dangerous, must transfer it, in principle within thirty days, to a third party who meets the requirements of Article 9, paragraph 1. Failing this, the dog is confiscated and placed in the cantonal pound for the purpose of rehoming.

1. The authorization for detention may be revoked at any time if the conditions associated with its granting are no longer fulfilled. Furthermore, any violation of Law [A], the present regulation, or the legislation on animal protection [E] may also constitute grounds for revocation.

2. The authorization for detention may be revoked for a determined period.

3. In the event of revocation of the detention authorization, the fate of the dog shall be resolved in accordance with the provisions of Article 13.

1. The Regulation of Licensing for Professional Dog Walkers is Governed by the Provisions Regarding Professional Animal Care Established in the Federal Ordinance on Animal Protection [F].

1. Municipalities must submit to the department by the end of February each year the data concerning the identity of the dogs residing in their territory, as well as the identity of their owners.

1. The service may inspect dog breeding establishments with the aim of verifying whether the conditions set forth in Articles 10 and 14 of Law [A] are being respected.

2. The service particularly oversees breeding establishments that are not controlled by a cynological association or whose dogs are descended from a lineage that includes dangerous dogs as defined in Article 3, paragraph 2 of the law.

1. The person responsible for the behavioral assessment determines the procedures according to the specific circumstances of the case.

2. Except in extraordinary circumstances, the behavioral assessment takes place in the presence of the dog's owner.

1. All cases of bites caused by intervention dogs of the police, border guards, and army must be reported to the service.

2. When the bite occurs in a private context, the procedure is conducted by the service according to the provisions of Articles 24 to 28 of Law [A]. If a behavioral assessment is ordered, it is carried out by a specialist, usually a veterinarian from the service with the necessary knowledge in the canine field. Two representatives of the concerned body attend the behavioral assessment as observers.

3. At the conclusion of the service's investigation, a group of experts, composed of all the persons mentioned in paragraph 2, and the head of the Police K9 Unit, prepares an advisory opinion for the attention of the cantonal veterinarian. The final decision lies within the competence of the cantonal veterinarian.

4. When the bite occurs in a professional context, the ensuing actions fall under the exclusive competence of the commander of the concerned body. The requisitions of the criminal authority remain reserved.

1. The training and exercising of hunting dogs are regulated by the federal legislation on animal protection [E] and the cantonal legislation on wildlife [G].

1. The different types of authorization are as follows

a. Biting profile (Mordant profile): biting instructor and/or helper for intervention dogs or defense work dogs;

b. Profile 1: dog trainer providing dog training courses for all dogs, with the exception of dogs qualified as potentially dangerous and with the exception of dogs subject to a proximity or intervention measure;

c. Profile 1+: dog trainer providing dog training courses for all dogs, with the exception of dogs that must undergo behavioral therapy;

d. Profile 2: dog trainer providing dog training courses for all dogs and taking charge of dogs that must undergo behavioral therapy.

2. Profile 2 includes Profiles 1 and 1+. Profile 1+ includes Profile 1.

3. The right to provide training with a certificate of competence within the meaning of Article 68 of the Federal Ordinance [F] is governed by federal animal protection legislation [E].

1. For the Aggressive Profile, authorization is contingent upon the certified completion of training approved by the Federal Office responsible for veterinary affairs.

2. For profiles 1, 1+, and 2, authorization to conduct canine education courses is contingent upon the certified completion of training recognized by the department.

3. The list of trainings recognized by the department as well as the type of authorization they grant is published in the Official Gazette and on the canton’s website, on the department’s page. Exceptionally, the activity provided for the type of authorization and the considered profile may be restricted.

4. In particular cases and only for profiles 1, 1+, and 2, the department may recognize training other than that required, provided the concerned person can demonstrate possessing comparable knowledge and skills. The department may require the concerned person to undertake additional training if needed.

5. The department may consult experts in the course of its mission to recognize trainings.

1. The granting of authorization is also subject to the following cumulative conditions

a. the person concerned is of legal age and has not been subject to any administrative or criminal sanction related to animals on Swiss territory;

b. the person concerned is not under guardianship;

c. the person concerned holds civil liability insurance covering the risks inherent to their activity;

d. the person concerned has not been criminally convicted of a serious crime or serious offense and provides a copy of their criminal record for this purpose;

e. the person concerned does not give rise to suspicion of dangerous use of dogs;

f. the person concerned does not present an addiction to alcohol, narcotics, or any other consciousness-altering substance.

1. For bite prevention courses, all authorization conditions are set by the cantonal veterinarian in consultation with the main organizations providing these courses within the canton.

2. The directive established in this regard is published in the Official Notice Bulletin and on the canton's website, on the service page.

3. No fee is charged for granting the authorization to offer bite prevention courses.

1. The authorization is issued for a period of five years and must be renewed at the end of this term.

2. The authorization may be revoked at any time if the conditions under which it was granted are no longer fulfilled. Furthermore, any violation of law [A] or the animal protection legislation [E] may also constitute grounds for revocation.

3. If the concerned person does not or no longer meets the technical or didactic requirements to provide a quality course, the authorization may also be withdrawn or be subject to conditions.

4. The service may conduct hearings, inspections, or controls, even unannounced, as part of its mission to monitor canine educators. For this purpose, the service may call upon experts.

1. During the renewal of the authorization at the end of the five-year period, the department may conduct an inspection to verify that the dog trainer still meets the technical and didactic requirements. For this purpose, the department may call upon experts.

1. The service levies the following fees

a. Permit for owning a potentially dangerous dog (Art. 12 para. 1 LPolC [A]): Fr. 800.-

b. Additional permit for owning a potentially dangerous dog (Art. 12 para. 1 LPolC and Art. 9 para. 5 RLPolC): Fr. 100.-

c. Permit for owning an additional dog in conjunction with a dangerous or potentially dangerous dog (Art. 12 para. 3 LPolC): Fr. 100.-

d. Permit for a dog trainer, bite work instructor, and/or assistant handler working exclusively within the framework of cynological clubs (Art. 30 LPolC): Fr. 200.-

e. Permit for a dog trainer, bite work instructor, and/or assistant handler working as a self-employed professional (Art. 30 LPolC): Fr. 400.-

f. Renewal of the permit mentioned under letter d: Fr. 150.-

g. Renewal of the permit mentioned under letter e: Fr. 300.-

h. Recognition of a cynological training (Art. 31 LPolC and Art. 22 para. 2 RLPolC): Fr. 200.-

i. Recognition of cynological training in specific cases (Art. 31 LPolC and Art. 22 para. 4 RLPolC), in addition to the fee under letters d or e: Fr. 500.-

2. Other fees of the service are levied in accordance with the regulation on administrative fees [H].

1. Holders of potentially dangerous dogs whose application for an ownership permit is in process at the time of the entry into force of this regulation shall benefit from the provisions of this regulation that are favorable to them.

2. These holders may specifically request to undergo a new TCOM so that the service can determine whether a reduction in the duration of the canine education courses or an exemption from these courses is possible as provided for in Article 11, paragraph 2. In such cases, the service shall make a new decision. No fee shall be charged if the decision is favorable to the applicant.

1. Authorizations for dog trainer profile 1 issued before the entry into force of this regulation are automatically converted to profile 1+. Affected dog trainers may request recognition from the service free of charge.

2. Authorizations for profile 3 issued before the entry into force of this regulation are automatically converted to the Biting profile. Affected dog trainers may request recognition from the service free of charge.

3. The renewal of authorizations to provide dog training courses issued on the basis of qualifications proven before the entry into force of this regulation will be reviewed on the same basis.

1. The Regulation of November 14, 2007, implementing the Law of October 31, 2006, on Dog Control is repealed.

1. The Department of Territory and Environment is responsible for the execution of this regulation, which comes into force on May 1, 2014.