Animal welfare and farm animal husbandry ordinance

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Basic data
Title: Ordinance on the protection of farm animals and other animals kept for the production of animal products when they are kept
Short title: Animal welfare and farm animal husbandry ordinance
Abbreviation: TierSchNutztV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Issued on the basis of: Section 2a (1), Section 16 (5),
Section 16b (1) TierSchG ,
Article 2 TierhSchÜbkG
Legal matter: Commercial administrative law , agricultural law
References : 7833-3-15
Original version from: October 25, 2001
( BGBl. I p. 2758 )
Entry into force on: November 1, 2001
New announcement from: August 22, 2006
( BGBl. I p. 2043 )
Last change by: Art. 1 Regulation of 14 April 2016
( Federal Law Gazette I, p. 758 )
Effective date of the
last change: 		April 22, 2016
(Art. 3 of April 14, 2016)
Please note the note on the applicable legal version.

The Animal Welfare and Livestock Keeping Ordinance applies to the keeping of livestock for commercial purposes ( Section 1, Paragraph 1). It is also known colloquially as the Laying Hen Ordinance, although it also regulates the keeping of other farm animals.

history

The Animal Welfare Domestic regulation was due to a number of directives of the European Union adopted. These guidelines determine the minimum requirements for the protection of farm animals, calves, laying hens, pigs and broilers.

Since it was first announced in 2001, the Animal Welfare and Livestock Ordinance has been changed several times. So was z. B. In 2006, in addition to free-range hens and free-range hens, so-called small group rearing was also permitted. This was justified with the lack of competitiveness of German laying hen farmers, which would have to be feared due to the requirements of the Animal Welfare and Livestock Ordinance, which go far beyond EC law.

On October 12, 2010, the Federal Constitutional Court declared parts of the third and fourth amendments to the regulation to be incompatible with Art. 20a of the Basic Law .

In the third amendment, this concerned §§ 13b, 33 Paragraphs 3, 4 with regulations on keeping laying hens and keeping facilities for fur animals and in the fourth amendment, §§ 13b, 38 Paragraphs 3, 4 with regulations on keeping small groups Laying hens and transitional deviations from the new regulations for housing facilities for laying hens. However, according to the decision, the provisions remained applicable until March 31, 2012.

With the 2014 amendment, Section 6 on the requirements for keeping rabbits (except for animal testing purposes) was added. According to this, the owner needs a certificate of competence after February 10, 2015.

content

overview

The Animal Welfare and Livestock Ordinance is divided into eight sections:

Selected regulations

Fur farming

According to the repealed version, § 2 No. 22, the following animals were allowed to be kept on fur farms specifically because of their fur : American mink , European polecat , red fox , arctic fox , short-tailed chinchilla , long-tailed chinchilla , swamp beaver and the raccoon dog .

Housing facilities were only allowed to be placed next to each other, not on top of each other ( Section 33 (4)).

If the cages are in a closed building, light openings on the building had to make up 5% of the floor area ( Section 40, Paragraph 9).

Every housing facility must have a nest construction kit. In addition, the following provisions apply:

Housing facilities had to have a floor space of at least three square meters for mink and polecat , for foxes and raccoon dogs a floor space of at least twelve square meters, for swamp beavers a floor space of at least four square meters and for chinchillas a floor space of at least one square meter ( Section 40 (5)).

A kind of swimming pool (1 m² surface, 30 cm depth) had to be available in the facilities of mink and swamp beaver ( Section 40, Paragraph 8, No. 1, 3).

The keeping of fur animals is no longer regulated by ordinance, but in Section 3 of the Animal Products Trade Prohibition Act with annex.

Chicken farming

Newly approved housing facilities must be designed in such a way that all hens can eat, drink, rest, sandbath, and lay their eggs in a separate nest area "appropriately" . They must have a minimum height of 2 m and an area of at least 2 × 1.5 m and be equipped with nests , perches and litter . The usable area per hen must be at least 1,100 cm².

Systems with less space per chicken will not be newly approved. Existing cages with 550 cm² of usable area per hen could only be used until December 31, 2006. Existing cages with nests, perches and litter (750 cm²) were allowed to be used until December 31, 2011.

Web links

Individual evidence

  1. ↑ BVerfG: Decision . October 12, 2010 - 2 BvF 1/07 = BVerfGE 127, 293-335; Laying hen rules unconstitutional . Press release of the BVerfG of December 2nd, 2012. Accessed on February 26th, 2012.
  2. ↑ http://www.gesetze-im-internet.de/khfeverbg/__3.html

Remarks

  1. ↑ Directives in detail: