Specific guidelines for the proposal regarding a law for animal welfare 25-11-2008- Final

Specific guidelines for the proposal regarding an Act for animal welfare.
With regard to § 1. Intention
The purpose of the Act is to encourage good animal welfare and respect for
animals based on acceptance that animals are sentient beings and which have an
intrinsic value irrespective of the usable value they may have for people.
The term animal welfare has its origins in the individual animal and the
situation it finds itself in. Animal welfare is a complex term and researchers have
proposed various definitions.
The interpretation of ”animal welfare” is based on an assessment of the
subjective mental condition of the animal. It is therefore the animal’s feelings such as
fear, pain, frustration, wellbeing and pleasure, or more precisely, the balance between
the positive and negative experiences, which is influential on welfare. With respect to
the animal’s experience being central, a relevant definition of animal welfare is the
subjective experience of its mental and physical condition as a result of its attempts to
master its environment. Other aspects which can also influence animal welfare are the
animal’s ability to practice species specific natural behaviour and develop its
biological potential. Animal welfare has therefore much of the same meaning as the
more everyday term ”contentment”.
With regard to what can be called good animal welfare, this must to a large
extent be based upon objective, professional criteria, and will vary based on the
specific characteristics of the animal. The term animal welfare is a description of the
condition of each individual animal. When the term is to be applied at the herd level
or in a fishing net, specific attention must be given to the individuals that suffer most.
The combined level of animal welfare can be said to be good even though not all
individuals’ welfare can be considered acceptable.
People’s respect for animals can have a direct impact on animal welfare, or
indirect impact, in that unacceptable attitudes can contribute to poor treatment of
animals. The Act’s intention with regard to encouraging respect shall have an attitude
changing effect and shall primarily be achieved through activities hic encourage good
animal welfare. To encourage respect for animals is an independent consideration
even though a lack of respect for animals will not necessarily lead to reduced welfare.
When interpreting the term “respect”, it is important to consider ethical considerations
regarding how the animal should or should not be treated in addition to pure welfare
considerations.
With regard to § 2. Scope
The Act applies to living mammals, birds, reptiles, amphibians, fish,
decapoda, octopus and honey bees. Decapoda is a group of crustaceans which belong
to the Malacostraca group. The group includes some of the most familiar crustceans,
such as lobster, crab and shrimp. The Act also applies to the development stages of
these animals from the point at which the sense apparatus has reached an equivalent
development level to that which can be found in living (born) animals.
The Act applies to all situations which influence the welfare of and respect for
such animals. “Conditions which influence welfare and respect” include all acts and
activities, including failure to act, which affect the animals’ welfare or respect for the
animal. This will also encompass installations, equipment and industrial methods etc.
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In addition the production, processing and trading of products from animals which are
covered by the scope of the Act will be included.
In several of the specific regulations of the Act it is stated who is the person
responsible for following the regulation. In the event of the responsible individual not
being stated, the Act’s regulations will apply to all. Some of the regulations apply to
the animal keeper, whereas others apply to persons who carry out certain activities or
treatment. All owned animals will be considered to have an animal keeper. An animal
keeper can be an owner or another person who has permanent or temporary
responsibility for an animal.
The Act’s geographic scope includes Norwegian land territory, territorial
waters, the Norwegian economic zone, Norwegian ships and aircraft, and installations
located on the Norwegian continental shelf. The term “Norwegian ships” includes all
Norwegian ships regardless where they are situated. The term “ship” is wide and
includes a wide spectre of vessels. It includes vessels registered in the Norwegian
ships register (NIS and NOR), all forms of fishing vessels and also small boats and
pleasure craft which are not required to be registered.
Installations located on the Norwegian continental shelf include first and
foremost oil and gas installations, both fixed and floating, and housing facilities
connected to these. Subsequent new types of facilities on the Norwegian continental
shelf will also be covered by the term. The Act covers Norwegian aircraft. This must
be interpreted in the light of the Chicago Convention regarding civil aviation 1944
Art. 17 and the Aviation Act of 11 June 1993 no 101.
The Act applies in the Norwegian economic zone. Coastal states’ limited
rights within the zone will limit enforcement of the Animal Welfare Act.
The Act applies to Spitzbergen, Jan Mayen and the Norwegian dependencies.
However, as a result of the particular management structure that applies to these
areas, it is natural that the Food Safety Authority does not have the same tasks as on
the mainland. In the case of Spitzbergen it would be appropriate to give the Governor
of Spitzbergen the authority to carry out supervision and make decisions under the
Act. A subsequent delegation of power to enforce the law to for example the
Governor will be done through regulation under the section regarding supervision and
decision power. During the exercise of such powers, it would be appropriate that the
Governor should be assisted by others, for example the Food Safety Authority.
It is also possible to regulate the area of application of the Act to Spitzbergen,
Jan Mayen and the dependencies, including making exceptions from substantive
regulations in the Act. This will be appropriate where substantive regulations of the
Animal Welfare Act are in conflict with specific law, international obligations or
other conditions that are specific to the area.
With regard to § 3. General requirement regarding the
treatment of animals
This regulation states that animals must be treated well and be protected against
danger of unnecessary stresses and strains. This section will apply independently, in
the same way as section 2 of the previous Act, where other sections in the act do not
cover a specific situation. It is particularly relevant to actions taken by individuals
other than the animal keeper. In addition, it will be significant in interpreting and
applying other regulations in the Act.
What is considered good treatment will be determined by a concrete
evaluation of the individual situation. The requirement for good treatment is related to
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the animal as an individual. This means that consideration should be had for the
animal’s physical and psychological needs, subject to the animal species and ability to
have positive and negative experiences. This section also applies with respect to
animal keeping or industrial methods where it is not possible at all times to carry out
supervision of all individuals, for instance in cases where animals are grazing and in
holdings with a particularly large density of animals.
The requirement to protect the animal against danger of unnecessary stresses
and strains implies that it is necessary for the person responsible for the animal to
actively protect the animal against sickness, injuries and foreseeable dangers.
Irrespective of the obligations of the animal keeper, all individuals have an
obligation to act in an appropriate manner so that animals are not exposed to
unnecessary stresses and strains. This applies to both owned animals and wild
animals.
The interpretation of “stresses and strains” is subject to a professional animal
welfare assessment. The assessment should in general be scientifically based. It is,
however, not necessary the case that all situations are measurable or that scientific
based knowledge is available. It may therefore be necessary to take discretionary
decisions.
In the assessment of whether a stress or strain is unnecessary, regard should be
had for the character and extent of the stress or strain, whether it is inflicted by
people, the intentions of exposing the animal to such treatment, and whether such
treatment is generally accepted.
The requirement regarding the protection of animals against unnecessary
stresses and strains involves taking action before such events have occurred. The term
“danger of” implies that, where there is limited knowledge, a precautionary principle
prevails.
With regard to § 4. Obligation to help
The first sentence of the first article obliges anybody who discovers an animal which
is obviously sick, injured, or helpless to administer help. The obligation to help also
includes wild animals.
The obligation to help as described under this section does not apply in
situations where a large number of animals are suffering, for instance when one
discovers birds which have been damaged by oil spillage. In such circumstances the
provision in article § 5 regarding the duty to alert applies.
The regulation is targeted at the individual who discovers the animal. In cases
where several individuals discover an animal all individuals will have an obligation to
help. In certain situations it will be appropriate to ask others for help because they are
in the vicinity, have knowledge, a telephone, car or something similar. These
individuals do not have an independent obligation to help but should as far as possible
assist. Animal health personnel have, as everyone, an independent obligation to help
under this section. In addition, animal health personnel have, when requested to assist,
an obligation to help under the Act concerning animal health personnel § 14..
The obligation to help applies for all animals which are covered by this Act.
An individual’s obligation to help is limited only by the individual’s abilities and
practical feasibility. This must be evaluated based on the actual situation for example,
if it is possible to move the animal, whether there is transport available and whether it
is practically feasible to obtain necessary help. The requirement for action is related to
the danger of stresses and strain. Constant and intense stresses and strains may
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demand significant action. In many cases the obligation to help will be satisfied by
alerting the owner, police, local government or the wild life protection board.
The type of help which is required must be assessed in a short term
perspective. The help required can be for example to release an animal that is stuck or
trapped in a building, or to take the animal to a veterinarian. Killing will put an end to
suffering even though treatment could cure the animal. Killing must therefore be
considered necessary and/or appropriate help in many cases, particularly with regards
to wild animals and animals whose owner is unknown. In the case of wild animals it
is important that the convalescence period does not subject the animal to significant
stresses. In addition, the animal must be able to master a return to nature. It is not
adequate that the animal can continue to live in captivity. When decding whether or
not to kill a wild animal, regard should be had to whether the animal is of a threatened
species.
The second sentence of the first article states that if it is impossible to provide
adequate help, and the animal is a large wild game or must be assumed to come from
a holding, the owner or police should be alerted immediately. Tame reindeer are to be
considered to be animals from holdings.
The sections second article provides the right, but not an obligation, to kill the
animal in cases where the person who found the animal considers it obvious that the
animal will not survive or recover. The majority of lay people would prefer not to kill
any but very small animals, and often the necessary knowledge or equipment to
facilitate appropriate treatment will not be available. The obligation to help can then
consist of obtaining a competent person who can kill the animal, or delivering the
animal to a veterinarian.
If the animal is from a holding or is a large wild game, it must not be killed if
it is possible to alert the owner, a veterinarian or the police within reasonable time.
The length of time which should be considered reasonable will be assessed based on
the level of suffering to the animal caused by waiting time. If it is unclear whether the
animal is from a holding or is a large wild game, the person who discovers the animal
must try to contact the owner, a veterinarian or the police.
The third article states that necessary expenses for action under this
Section shall be covered by the state. The expenses, paid by the State, related to action
can be recovered from the animal keeper or the owner. The right to claim back
expenses is appropriate when there is an obligation to help. The term “necessary
expenses” is used in order to somewhat limit the obligation to cover expenses. In
other words, the State will not be obliged to cover expenses for actions other than
those necessary to limit an acute problem, such as possible expenses for killing an
animal. This covers for example reasonable expenses for transport to the nearest
veterinarian, making calls or travelling to alert. Those who help the animal are
required to claim the expenses from the state. The State in this case is The Food
Safety Authority. Expenses for basic veterinary inspection to assess the animal’s
condition, acute first aid or killing by a veterinarian can be claimed by the
veterinarian under the Act concerning animal health personnel. Extended inspections
to determine an exact diagnosis is not covered. Further treatment by a veterinarian
must be covered by the owner or other possessor.
The fourth article applies the duty to help to any person who has injured an
animal. The requirements in the first and second paragraph apply equally for those
that injure animals. A person responsible for injury to an animal may not claim
reimbursement of expenses for action taken.
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The fifth article provides the legal basis for the issuing of more specific
regulations regarding covering of expenses. This will allow the determination of rates
and guidelines for the reimbursement of expenses.
With regard to § 5. Duty to alert
This regulation applies to all. The duty to alert under the first article applies when
anyone who has reason to believe that an animal is exposed to mistreatment or serious
neglect regarding the environment, supervision or care. This duty applies to a justified
suspicion of a situation which represents a serious breach of the animal welfare Act.
The duty to alert does not take precedence over other legal requirements with regard
to confidentiality. Animal health personnel have the duty to alert under this section as
stated in the Act relating to animal health personnel § 21 first article nr 5 § 1.
The second article introduces a duty to alert for anyone who becomes aware
that a large number of wild or stray animals are exposed to sickness, injury or other
suffering. The obligation applies even if the Act is not breached. Which situations that
can be considered abnormal will be subject to an discretionary evaluation. Examples
are where many animals are affected by an oil spill, or significant animal suffering
occurs in connection with rock fall, flooding and contagious animal disease outbreaks.
It is appropriate that the animal welfare and countryside management authorities, and
possibly other relevant authorities, in cooperation assess the need for action. It will be
appropriate to have regard for the strain on the animal, cost of the action and to what
extent the action will be significant for the survival of an endangered stock. Healthy
and/or sick or injured stray cats are neither defined as wild nor owned. In the case of
an alert concerning a large number of stray cats who are suffering for example from
hunger, thirst, sickness or injury, the relevant authorities should assess the situation
and take appropriate action.
With regard to § 6. Competence and responsibility
Competence includes both knowledge and abilities. The first article is
applicable to the animal keeper. The “animal keeper” includes both the owner and the
individual who has responsibility for the animal when the owner is unable to practice
his responsibilities as an owner, for example the person responsible for animal
transport, slaughter house etc. The animal keeper’s responsibility to ensure that an
appropriate number of appropriately qualified personnel are present is a requirement
which has particular significance when considering developments towards one man
operations, increasing scale of production and the use of increasingly advanced
technology. The European Council of Ministers’ conventions and recommendations
contain requirements regarding appropriate numbers of appropriately qualified
personnel.
The second sentence of the first article is aimed at persons who do not have
direct or formal responsibility for the animal, but due to their activity they are able to
influence the welfare of an animal, for example hunters, trappers and fishermen.
These shall have the competence necessary to carry out the activity in an appropriate
way with respect to animal welfare. The requirement applies to any person who kills
an animal, except when there is an emergency situation and it is not feasible to apply
the requirement.
The requirement for competence will not apply in all situations where people
are in contact with animals. It is not appropriate to apply the requirement to a person
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who coincidently comes into contact with an animal, for example a person that
discovers and helps a trapped animal.
The competence requirement applies to animal keeping, handling, moving,
transporting, killing, hunting, trapping and fishing, and includes both wild and tame
animals. Which competence is required should be determined in the light of the Act’s
substantive requirements where, as a main principle, animals shall be treated well and
be protected from danger of unnecessary stresses and strains.
The second article requires that carers may not allow children younger than 16
years of age to have independent responsibility for animals. Carers will, under this
section, have the overall responsibility for the child’s animal keeping until they reach
16 years of age and can take over the formal responsibility.
The third article bans the transfer of animals to people if there is reason to
believe that they cannot or will not treat the animal in an appropriate way. The ban
applies to all situations where animal are transferred to others within the Act’s
geographical area of application. The regulation must be enforced within the
framework of international treaties regarding trading of animals across international
borders.
The fourth article provides the legal basis for issuing specific regulations. In
many industries there has for some time been a regulatory requirement regarding
formal education (training). One example is a requirement for a formal qualification
for animal transport drivers who transport land animals, and for the commercial
slaughter of land animals and fish. Equivalent requirements for the commercial
transport of fish are being developed. There has for a long time been a requirement for
documentation of competence in the regulation regarding professional trading in
animals, and such requirements for a formal competence is becoming more common
in the animal keeping industry.
The actual content of such requirements for formal competence is expected to
be determined in connection with concrete regulation. The ministry has no concrete
plans to require formal competence for the keeping of pet animals. The section does,
however, allow for the introduction of a formal competence also outside commercial
animal keeping. This could include a requirement for tuition and proof of tuition.
The legal basis to issue further regulations covers regulations regarding the
approval of for example of an education scheme. Regulations regarding the
requirement for the authorisation of personnel will also be covered. This may for
instance be relevant for training and dressage, teaching activities or other service
provision which may involve a particular risk regarding animals’ welfare.
With regard to § 7. Requirement for registration or approval
This regulation gives authority to issue regulations regarding requirements for
establishment, placement, development and the conduct of activities covered by the
Act, including the approval and withdrawal of approval, reporting, registration and
certification and withdrawal of certification.
The regulation provides for the possibility for legislative requirements
regarding registration or approval to use buildings or particular methods and
equipment to be able to practise certain forms of animal keeping and activities such as
animal transport, boarding kennels, boarding of and re-homing of animals for a
consideration or free of charge, zoos, equestrian centres, rental of animals,
acquacultural farming and slaughter houses. The regulation will also provide a legal
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basis for possible future requirements regarding registration or approval, e.g.
registration of or approval for running a pest control business.
The regulation will in the first instance be aimed at commercial animal
keeping or animal keeping of a certain scale. It is not, however, intended to introduce
registration or approval schemes for general keeping of pet animals.
The current Animal Protection Act contains provisions requiring approval and
certification for certain activities. It is appropriate therefore to continue these
certification schemes in regulations made under this section. This applies for example
to approvals for the running of animal boarding kennels and trade and rental of
animals.
A registration or approval which has been given, based on other considerations
than animal welfare, will not normally contain the necessary conditions within the
scope of this Act. An enforcement body which enforces several pieces of legislation
concerning several aspects is expected to consolidate the registration and approval
schemes conveniently for the industry in such a way that a consolidated registration
can apply for several activities.
With regard to § 8. Industrial methods, equipment and
technical solutions
The first article specifies a responsibility for the animal keeper to ensure that
methods, equipment and technical solutions which are applied to animals shall be
suitable for the purpose of ensuring good animal welfare. This applies regardless of
whether the type of industrial method, equipment or technical solution is in common
use or not.
This regulation is intended to cover aspects of industrial methods, equipment
and technical solutions, which there is reason to believe may influence animal
welfare. This includes for example industrial methods, production methods, fittings
and equipment such as restraining and imprisonment systems, furnishing, ventilation
equipment, milking machines, manure pit ventilation, technical solutions for
smoltification, feeding systems, water treatment and equipment for the passive
transport of animals through pipe and pumping systems. The term “methods” includes
also for example dressage and training methods and including performance and
production enhancing aids. The use of training methods is also regulated by the
section concerning training, showing and competitions. With regard to methods,
equipment, and technical solutions in connection with medical and surgical treatment,
reference is made to the section of this Act which covers these particular issues.
The regulation does not imply a duty to immediately remove
solutions/equipment which the individual animal keeper is using and which is
commonly in use in Norwegian animal husbandry, even if it is no longer regarded as
suitable from an animal welfare perspective and is therefore no longer sold or
marketed. A concrete evaluation should however be done to establish the suitability in
the individual case. The conclusion of such an evaluation may be that the individual
animal keeper must replace, improve or change the relevant methods, equipment and
technical solutions in order to satisfy the regulatory requirements.. The measure of
suitability should be carried out on all new investments and replacements.
In the case of the authorities requiring a general change in industrial methods,
methods, equipment and technical solutions which are in use, it will be necessary to
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introduce regulations under the third article. The same applies to general bans on
using certain operating modes, methods, equipment and technical solutions.
The second article requires that any person who markets or trades in new
industrial methods, equipment and technical solutions which are used for animals or
animal keeping shall ensure they are tested and found to be suitable with regard to
animal welfare. The term “new” refers to industrial methods, methods, equipment and
technical solutions which have not previously been used in Norwegian animal
husbandry. Therefore, this regulation does not apply to industrial methods, methods,
equipment and technical solutions which are already in common use, but only to those
that are developed and introduced on the market. The control authorities will have the
right to request information and documentation which is relevant for the control
authorities’ control irrespective of whether regulations with requirements for
suitability have been introduced or not.
The third article delegates authority to issues specific regulations regarding
industrial methods, equipment and technical solutions. It is for instance possible to
issue a ban against use and trade in certain industrial methods, equipment and
technical solutions, as well as regulations regarding approval and documentation
regarding suitability. Requirements for information and user instructions can also be
made.
With regard to § 9. Medical and surgical treatment
The first article regarding medical and surgical treatment covers i.a. methods
for inspection and diagnosis, vaccinations, pharmaceutical treatment, surgical incision
and other therapeutic methods. The term surgical incision means treatment which
involves perforation of skin or mucous membrane including crushing of tissue. The
term includes both surgery, acupuncture, injections and other perforation of skin in
connection with vaccination, sampling and administration of medicines and fluids.
The definition is in accordance with the act concerning animal health personnel §18
first article nr 2.
The requirement that all medical and surgical treatment shall protect the
animal’s ability to function and its quality of life involves a duty to choose a form of
treatment which is suitable to protect the specific animal’s ability to function and its
quality of life. If there is doubt as to whether the treatment can be carried out in a
satisfactory way, and is suitable to maintain the animal’s ability to function and its
quality of life, it may be necessary to kill the animal. The view as to what can be
considered as acceptable practice which is appropriate to protect the animal’s ability
to function and its quality of life, will probably change over time and will be
influenced by knowledge, available methods and sociological attitudes.
The act concerning animal health personnel provides the exclusive right for
authorised animal health personnel to carry out various forms of medical and surgical
treatment. It states in the act concerning animal health personnel §18 that the majority
of interventions shall take place under supervision of a veterinarian or fish health
biologist.
The first sentence of the second article states that with few exceptions surgical
incision or removal of body parts must not be carried out unless it is done for the
reason of the animal’s health. Currently, such incisions can only be carried out by
authorised animal health personnel. Even when carried out for health reasons, there
will be limitations with respect to which incisions which can be considered
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appropriate under the requirement in the first article for incisions to protect the
animal’s ability to function and its quality of life.
Examples of incisions which do not have sufficient justification under this
section are, amputations for aesthetic reasons(ear and tale docking), amputation to
maintain slaughter value where the animals’ quality of life suffers as a result of the
amputation (for example amputation of a damaged hoof), amputations to adapt the
animal to the need of man (for example the removal of ferrets’ scent glands, removal
of cats’ claws, clipping of birds’ wings (not including trimming of feathers) and
amputations to adapt the animal to industrial conditions (for example the
burning/removal of beaks from poultry, clipping of pigs’ teeth). Other examples are
incision for cosmetic reasons (for example piercing) and incisions which do not
involve the removal of a body part but still hinders the animal’s normal behaviour or
causes discomfort (for example nose rings on pigs).
There will, however, be incisions which for various reasons can be approved
despite there being no animal health benefits, for example the attaching of a ring in a
bull’s nose. This could be approved by regulation as under the last article of this
section.
The second article, second sentence represents an exception to the main rule
with respect to the marking of animals. The requirement for appropriate marking is
provided for under the Acts section concerning the marking of animals.
The second article, third sentence represents an exception to the main rule
with respect to the removal of horns and castration. The term “castration” means a
surgical incision which removes the reproduction capabilities from both male and
female animals.
In addition to when the animal’s health makes it appropriate to remove horns
or castrate, the regulation provides the possibility to carry out such incisions when it
is necessary from an animal welfare perspective or other particular reasons. An
animal welfare perspective can be associated both to the welfare of the actual animal
and to the flock of which the animal is a member. For example, the removal of horns
can prevent injuries to other animals or make it possible for male castrated animals to
be outside and graze and enable castrated tame reindeer to keep the flock together and
ease access to food.
The term “other specific reasons” means situations which are not relevant to
the animal’s welfare, but as a result of other necessary reasons, the incision is
justifiable. An example of this can be castration of piglets to avoid boar taint and taste
until satisfactory alternatives to surgical castration are available, and castration of
guide dogs and stallions. The castration of cats is considered to have both animal
welfare and other particular justification, for example the regulation of populations of
homeless cats. In order to limit the extent of surgical castration for animal welfare
reasons or other specific reasons, it can be appropriate to issue regulations which
describe specifically the conditions for castrating, and possibility to castrate animals.
What should be regarded as “specific reasons” should, in the first instance, be
decided by the person who carries out the incision after consultation with the
instigator. With regard to castration of pets, the opinion of the pet’s owner will be
significant.
The third article requires, in the case of painful incision, necessary
anaesthetic and pain relief shall be used. This applies in direct connection with the
incision, and to the convalescence period insofar as there is a need for such follow up.
Surgical castration should be considered as a painful incision which requires
necessary anaesthetisation and pain relief.
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The fourth article delegates authority to issue specific regulations regarding
medical and surgical treatment, including banning certain forms of such treatment and
make exceptions from the second article of this section. Examples would be to issue
regulations concerning the removal of horns, castration of animals, removal of other
body parts and use of medical or surgical treatment to compensate for an insufficient
living environment for animals.
With regard to § 10. Identity marking of animals
There are many instances in which where there is a need to mark animals. The
first article sets a general requirement for appropriate marking of animals. The term
marking means a change to the animals appearance or the placement of objects on the
animal in order to facilitate the identification of the animal, make knowledge of the
animal’s owner available or to register where the animal is situated. The section
should be interpreted with regard to the Act’s section regarding medical and surgical
treatment.
There is a wide range of marking methods. The main requirement for marking
is that it is appropriate and it shall not subject the animal to behavioural limitations or
unnecessary stresses and strain. An example of a method which would not be
considered as appropriate would be marking by branding using heat or freezing with
the exception of marking on parts of the body where pain cannot be felt such as the
hoof, claw, shell or horn. As a main rule, the removal of body parts will not be
considered as appropriate marking. Mandatory marking methods under the Act
concerning reindeer operations are, however, allowed for tame reindeer. Both the
design, size, weight, placement and the danger of sores and injuries could result in
behavioural limitations.
The type of marking that could be considered appropriate must be interpreted
in the light current knowledge and can be defined in specific regulation under the
second article.
The second article delegates authority which provides for issuing specific
regulations regarding the marking of animals including requiring and forbidding
marking. Regulations for marking of animals will also apply to conditions for and
procedures for use of certain marking methods. This will for example be relevant in
the case of simple management marking of wild animals. In addition regulations may
be issued concerning mandatory registration of animals in a register, and determine
who shall have access to such a register. The regulation could for example introduce a
marking requirement and register for marked cats as a stage in the work to reduce
populations of stray cats. Regulations may also be issued for unmarked animals to be
re-homed to another keeper or killed without compensation to the individual who may
claim to be the owner. This makes it possible to re-home or kill for example stray and
homeless cats without liability for damages to the previous owners of the animal.
With regard to § 11. Transportation
The first article defines that transport shall take place in such a way as to
ensure least possible strain for the animal and that the animal shall only be transported
when it is in such a condition that it is justifiable to complete the whole journey. The
term “transport” means the process from loading, transporting, stopping en route, until
unloading is completed. This applies to all animals including pets and hobby animals.
It is a condition that transportation of an animal can take place in an appropriate way
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for the animal. Consideration should be given to the animals’ health and condition,
imminent or recent birth etc. sick animals should only be transported when it is
probable that such an action is the best alternative for the animal for example it may
be necessary to transport an animal to a competent person for slaughter.
The length of time for transport can influence animal welfare and shall
therefore be within reasonable limits. Reasonable limits can be described more
specifically in regulations. The definition of reasonable limits will change subject to
knowledge development and international legislative developments. It should be a
general aim that animal transport should not last longer than necessary. Before every
transport the animal’s ability and possibility to complete the transport should be
assessed. This is dependent on both conditions with regard to environment (climate
both at point of departure and arrival), type of transport (ventilation, number of
animals, transport time) and the condition of the animal (level of tameness, age,
condition and health).
The second article requires that the means of transport is to be suitable with
regard to the safety of the animal. This involves for example that it should be
constructed in such a way that the material or solutions are appropriate for the actual
use and do not represent a danger of trapping or other injury. In the case of transport
of several animals it should be possible, if necessary, to separate the animals with
dividing walls. It is also important that the method of transport is adapted to the
weather and driving conditions which are encountered during transport in such a way
as to ensure the animals are assured the correct climatic conditions and least possible
vibration. Loading and unloading shall be adapted to avoid unnecessary stress, fear or
discomfort for the animal.
During transport the animals shall have necessary supervision and care in
order to discover and prevent unwanted situations. The requirement involves for
example that the person responsible for transport shall ensure that the animals receive
adequate air, correct temperature, adequate space, and is offered food and water
where there is a need.
The third article provides for issuing specific regulations regarding
transportation of animals.
With regard to § 12. Killing of animals
The first article defines a general duty of care that applies when killing
animals. It defines that the killing of animals, and handling in connection with the
killing, including stunning, shall take place having regard to the animals’ welfare.
What should be considered an appropriate killing method will depend on current
knowledge regarding i.a. the animal species, development level and the various
killing methods. In the case of a lack of concrete knowledge regarding the application
of a method to a particular species, it will be necessary to exercise caution in the
choice of method. Responsible killing also requires that the person responsible for the
killing has the necessary competence, ref. the Act’s section regarding competence.
Unilateral focus upon the killing itself can involve reduced welfare during the killing.
This is due to the environment or treatment of the animals not being optimal or
adapted in a suitable way. For example fear as a result of force or environmental
factors can result in greater strain than the killing itself. It is therefore specifically
stated in the Act that handling in connection with the killing, shall also take place
having regard to the animals’ welfare.
The consideration of what can be regarded appropriate with regard to animal
welfare during killing will vary, depending on whether the killing takes place in a
11

holding or in connection with hunting or trapping. The same requirements for
precision and carefulness cannot for example be applied to killing in connection with
hunting, fishing or trapping as to the killing of farmed animals. However, the methods
used should have respect for animal welfare. In cases where fish are taken out one by
one, it is possible to kill it immediately. For example, when fishing with a line, it is
relatively normal to cut the throat of cod and pollock. Immediate killing will often not
be practical to carry out when catching wild fish in large numbers.
The first article, second paragraph shall ensure that equipment used is suitable
for the purpose and maintained. This is to limit and hinder failure which results from
shortcomings, wear etc. Such weaknesses can cause significant injury to an animal.
The relationship between the requirement for competence in the Act’s section
concerning competence and responsibility shall ensure that the method works in such
a way that it stuns and kills all animals in an appropriate way.
“Anyone using” means any person who uses the equipment and the person
responsible for the killing, for example the responsible person at the slaughter house.
The killing shall also be appropriate in the case hunting, trapping, and the
fishing of wild stock. This requires that for example equipment which is used for
hunting, trapping and fishing must be suitable and maintained. The requirement
concerning stunning equipment is normally not relevant in connection with such
activities because the requirement for stunning before killing only applies to animals
from holdings as stated in the second article.
The second article applies only to animals from holdings. It applies both to
land animals and aquatic animals. It is required that animals are stunned prior to
killing unless the animal is killed using a method which provides for immediate loss
of consciousness. The requirement for stunning before killing shall ensure that
animals from holdings are in an unconscious state before killing starts and until death
occurs. This involves i.a. that it is not sufficient for the animal to be stunned up to for
example the point of cutting or stabbing. To ensure compliance the killing process
should be carried out as quickly as possible whilst the animal is stunned.
The stunning method shall be appropriate with respect to animal welfare, ref.
the first article of this Section, and provide unconsciousness without pain. This
involves for example that the method shall work immediately or have an induction
phase which does not subject the animal to significant discomfort.
The fourth sentence of the second article, establishes an obligation to check
following killing that the animal is dead. This must occur before further processing
for example slaughter processing. Bleeding can in many cases be a suitable method to
ensure that an animal dies. The obligation to check the animal is dead applies to all
animals that are killed, including where further processing does not take place
immediately, for example when killing day old chicks, spent hens, sick farmed fish
and other animals which are killed for destruction.
The third article regulates killing in emergency situations. This will typically
be when the animal must be killed immediately because of disease, serious injury or
because it is helpless for other reasons. In such a situation, the general rules for the
killing of animals should be followed as closely as possible. In the case of killing in
connection with an action against serious contagious diseases, the number of animals
to be culled can be great, and particular attention has to be paid to the risk of
contamination. It may therefore be necessary to derogate from the normal
requirements for killing in those situations. It will therefore be necessary to weigh up
the risk of spreading disease, against the regard for the infected animals’ welfare at
the time of killing. Through emergency preparedness it is possible to, in an
12

appropriate way, respect various aspects during such stamping out. It can also be
considered as emergency killing in situations where an animal is killed to protect
other animals as provided for in the Act concerning wild animals §11.
The regulation can also be used with respect to when animals are killed in
compliance with the obligation to help as provided for by § 4. The individual must
determine if it is appropriate for him/her to kill the animal, with consideration for the
animal, the extent of the injury, his/her competence and the opportunity to contact
another competent person or transport the animal to a veterinarian. If one is not
competent to carry the killing appropriately, the pain for the animal can intensified.
The fourth article establishes a ban against killing an animal as an independent
form of entertainment or competition. This will apply to situations where the killing
itself is made into an attraction or form of competition, and is applied regardless of
whether there is an audience present at the time of killing or not. Ordinary hunting,
trapping and fishing does not fall within the scope of this ban. In the same way, other
arrangements, where the killing is not an independent form of entertainment or
competition, fall outside the scope of the ban, for example fishing competitions. Here
the intention is to catch the largest fish and/or the greatest number of fish, and
slaughter is a necessary consequence of the activity. Competitions for dogs during
ordinary hunting periods are another example of an activity outside the scope of the
ban.
The fifth article delegates authority. This allows the issue of specific
regulations regarding the compliance with this section, including requirements for
environment, equipment and handling in connection with killing and what can be
considered as legal killing methods. For example, regulations may be issued regarding
pest control. Pest control involves actions to reduce the prevalence of common pests
such as mice, rats, certain birds etc. Authority is given to make exceptions to the
requirements in the second article for other animal species than land animals and sea
mammals. Honey bees are in this case not regarded as land animals.
With regard to § 13. The use of animals for testing, education
and medical activities
The first article defines a requirement for approval regarding breeding,
keeping, trading, killing, or using animals for testing, education, or in connection with
medical activities. The requirement for approval does not apply when using animals
for teaching during general care and handling of animals. Teaching of general care
and treatment of animals means, for example, keeping animals at agricultural schools
for teaching of husbandry, teaching at riding schools and dressage courses for dogs.
The requirement for approval applies both to the activity and the person
responsible for the activity. The requirement for approval concerning breeding,
keeping, trading and killing is limited to situations where the activity takes place in
order to carry out tests, teaching or medical activities. The conditions which are
placed on approval of such activity could cover situations related to all animals within
a business regardless of whether all animals or their offspring are to be used for
testing or are actually used for testing.
The term “use of animals for testing purposes” means the use of animals to
find new or confirm known knowledge of a biological, psychological, ethological,
physical or chemical nature, also where this occurs in connection with teaching. The
use of animals in the production of reagents such as antigen, antibodies and similar
13

bodies in diagnostic, control and the establishment of genetically modified stocks may
also be covered by the term use of animals in connection with medical activities. The
same applies in the case of the use of animals such as cloned animals to develop or
produce medicines, other chemical products, or to produce living cells, tissue and
organs.
Other types of testing whose aim is to find new or confirm known knowledge
is also covered if it involves an incision or manipulates the animal or its environment
in such a way as to create a none physiological condition.
The use of cells, tissue or organs from animals which are bred or kept with a
view to them being used in testing, education or medical activities will require the
same type of approval as with the use of live animals for the same purpose. The use of
material from dead animals which have not been bred or kept with a view to them
being used in testing, education or medical trials are not covered by the requirement
for approval.
The requirement concerning approval for using animals for the teaching of
other than general care, will apply to for example activities similar to testing as a part
of teaching in the field of biology.
The requirement for approval will not apply to the use of animals in the
clinical education of veterinarians, fish health biologists and animal care students
when the animal is subject to normal treatment for sickness or injury. The equivalent
applies in the case of dissection/ post-mortem examination of animals which have not
been killed as part of testing. Normal activity, such as open farms, display of animals
and animal keeping of a normal nature, for example animals kept in
schools/kindergartens or riding tuition at a riding centre, is not regarded as use of
animals in education.
Approval is given by the control authority which, under the Act’s
requirements regarding control and decision, is given authority to issue such approval.
In the process of evaluating whether approval shall be given, there will be a
professional and ethical review of the institution and/or the activity in question. This
involves a review of both if the applicant has the necessary competence, and
scientific circumstances related to the tests. The evaluation should be based on which
negative effect the test will have for the animals as opposed to the usefulness of the
test for society. It is important to attach importance to both the physical and mental
strains the animal is exposed to before and after the test/teaching lesson, if the test has
a value to society, if when there is a danger of pain, objective pain parameters and
adequate stunning or pain relieving medicines are used, and if there is a good chance
of making definite conclusions. In order to issue approval, the applicant should
provide the necessary information. Details of who will carry out the surgery, and
which competence that person has, must be provided in the application.
In the case of breeding, keeping or trading of animals for testing it will be
appropriate that the approval applies to a certain type of activity, and has a defined
scope, validity (for example approval for running a animal testing laboratory for a
certain number of years, approval for breeding and trading of animals to be used in
testing). In the case of breeding, keeping and trading of animals for teaching purposes
it should be possible to give more general approvals within stated limitations. More
precise requirements with regard to the application procedure and conditions for
approval will be issued in regulations made under the third article.
The second article requires that approval cannot be given if the intention of the
testing or teaching can be achieved without the use of animals or where animals are in
danger of being subjected to unnecessary stresses or strains. The requirement also
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requires that it is not allowed to use more animals than necessary and that the animals
should be put under as little strain as possible. This is in accordance with the general
principles for good testing practice where one shall seek alternatives to the use of
animals (replacement), use of as few animals as possible (reduction) and goal
orientated and improved testing (refinement).
Alternatives to animal testing can for example be the use of software
programmes, models and cell cultures. Reduction can be achieved by having a more
critical attitude to the use of animals, partly by using available data and partly through
planning and calculating before the actual animal testing takes place. The final point
can contribute to describing the goal. The improvement of an animal’s situation can
also be achieved through concrete actions which improve housing conditions
(adequate space, correct level of light, opportunity for movement, opportunity for
concealment and occupation) and focus on the use of sedatives and painkilling
medicines if the animal is subjected to strains which demand this course of action. It
is also required under the EEA treaty that there is requirement for the use anaesthetic
or pain relief or other suitable methods to ensure that pain, suffering, stress and injury
are limited and that animals under no circumstances are subjected to significant pain
stress or suffering.
The third article requires that the control authority in approvals made under
the first article can make exceptions from the Act 15 June 2001 nr. 15 regarding
veterinary surgeons ad other animal health personnel § 18 first article nr. 3 so that
others than veterinarians or fish health biologists can implement total or local
stunning of an animal. Such actions are appropriate where the person carrying out the
test has the necessary competence to ensure the stunning and subsequent surgery can
be completed with equivalent consideration for the animals welfare as that which
would be expected of a veterinary surgeon or fish biologist if they where responsible
for the activity.
The fourth article delegates responsibility which provides for specific
regulations regarding animal testing, teaching and medical activities and the banning
of certain types of species and types of testing. Apes have not been used for testing in
Norway for many years. The ministry is of the opinion that there should be
particularly significant reasons for the use of apes in testing and will evaluate the need
for regulation concerning this. The ministry is also of the opinion that animals shall
not be used for testing of cosmetics or similar products, and this may also be specified
in regulations.
The paragraph provides for regulations to determine exemptions from the
requirement for approval. This is provided to primarily apply to certain types of
activity which from an interpretation of the paragraph are covered by the requirement
but by virtue of the nature of the activity being of little significance to the animal that
it would be unreasonable to require specific approval, ref. the current regulation
concerning animal testing § 2.
The fifth article provides for making regulations to define exemptions from
the Act’s material requirements concerning the use of animals in testing. An example
would be many tests not having the indication which is demanded under the section
regarding medical and surgical treatment. There shall be, however, particular reasons
for such exemptions and it must be established that other methods cannot contribute
towards gaining the desired results.
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With regard to § 14. Specific Bans
The first article letter a) applies to violence and violent treatment which under
general sociological standards would be unacceptable. The central aspect is that an
individual shall not, intentionally or unintentionally, subject an animal to stress and
strain, or subject the animal to treatment that causes aversive reactions, which is not
necessary with respect to the animal or other legitimate intentions.
Violence can result in stresses and strains of a physical and mental character.
Examples of such physical stresses and strains are pain and injury. Violence will often
be both mental and physical, but the animal can also be frightened and stressed
without the use of physical violence. Examples of stresses and strains of mental nature
are uneasiness, fear, anxiety, stress and other mental stresses or changes which can
result in reduced welfare.
Violence can include beating, kicking, pinching, biting, burning, freezing, use
of equipment, unnecessary force and to work an animal too hard etc. The illegal use
of use of painful dressage or training agents can be an example of violence against
animals. Physical violence includes actions which can result in both internal and
external injury on the body.
Letter b) includes cases where an animal is left in a helpless condition or is left
alone in a situation where it is not capable of looking after itself. An example can be
keeping an animal locked in a vehicle, where the air quality and/or temperature
represent a significant strain. Another example is if the animal is left alone inside or
outside in connection with a long period of absence or for the purpose of disposing of
the animal. In the same way, releasing other people’s animals so as they are left to
themselves could be covered by this regulation. In cases where such release does not
render the animal in a helplessness situation, this may fall under the Act’s general
requirement regarding the release of animals into nature. The regulation will also
cover situations where a person denies necessary help to animals he or she has
injured.
Letter c) covers sexual relations and sexual actions with animals and includes
actions which do not subject the animal to any form of stress or strain. This applies
irrespective of the animal’s sex or which reproductive cycle phase it is in. The key
area for the section is people’s use of animals to gain personal sexual fulfilment in
one form or another. The Criminal Code’s requirements regarding sex crime, and
interpretation of these, will give guidance regarding the assessment of whether the
activity can be considered to be forbidden. In the same way as in the Criminal Code, it
is not a necessary condition that the activity is sexually motivated. Violence against
animals in connection with sexual activity could be regulated by both this section and
the section regarding violence. The removal of semen, insemination and other
necessary procedures in connection with breeding and reproduction are not considered
as sexual activity under this section. With regards to animal pornography, it will be
actions against the animal which will be covered by this section. In addition, reference
is made to the Criminal Code’s regulations regarding pornography.
Letter d) bans the use of living animals as feed or bait for other animals. An
example would be the use of live mice and rats as feed for snakes. The use of live
animals as food for people will be subject to other requirements, including the
requirement for violence. Animals which are not covered by the act’s scope are not
protected under this ban. An example would be mussels and earthworms.
16

With regard to § 15. Buildings, fences and other minor
installations.
The first article applies to buildings, fences and other minor installations
which can represent a risk to the welfare of an animal, regardless of whether or not it
is primarily set up or arranged with regard to animals or animal keeping. There is a
general obligation to design, build and maintain such installations in such a way as to
not subject the animal to unnecessary stresses and strains. Existing fences, including
those with barbed wire, must be maintained. The regulation prohibiting the use of
barbed wire in fences in order to regulate traffic of animals, includes a ban against
using barbed wire for repairs of old fencing where such wire is present. The
requirement concerning maintenance includes an obligation to clear away remains
when buildings, fences or installations are no longer in use.
The requirement should not be interpreted in such a way as to limit desired
community development, but it defines an obligation to implement necessary action to
reduce the danger of unnecessary stresses and strains to animals when buildings and
fences etc. are erected. The requirement involves i.a. that one shall, where possible,
seek to avoid subjecting the animal to unnecessary injury. This can be done through
the choice of alternative materials, design etc. For example, in connection with the
securing of scaffolding, one should not use material where birds can become trapped.
The responsibility with regards to animal welfare held by the person
responsible for interventions etc. does not reduce the responsibility held by the
animal’s owner. The animal keeper hall protect his own animals from danger, even
though the danger is a result of an action taken by a person responsible for an
intervention etc. who fails to comply with the requirements under this regulation.
The first article, second sentence lays down an absolute ban against the use of
barbed wire in farm animal fencing and other fencing which is used to regulate traffic
of animals. This applies regardless of whether the fence is in a home field or outlying
field. The use of barbed wire in fences which are not intended to limit the movement
of animal must be assessed in light of the general requirements in the first and second
article. The requirement involves a ban against the use of barbed wire to regulate
traffic of animals when new fences are constructed.
The second article regarding supervision of buildings, fences and fittings must
be assessed in a concrete manner and the requirement for supervision must reflect the
level of danger of tresses and strains. Significant danger of serious stresses and strains
will in principle require more extensive supervision.
The third article delegates responsibility which provides for specific
regulations. It may for example be relevant to issues specific regulations concerning
huts, cabins, mountain pastures etc. and fences, ref. the former Animal Protection Act
§§ 28 and 29. It is not planned to introduce specific regulation containing technical
building requirements. If it is necessary to have such requirements with regard to
animal welfare, this must be coordinated with other sector regulations in the area and
the responsible authority for that sector.
Provision is also made to ban other types of installations than barbed wire
fences for animal welfare reasons. The obligation to repair or remove installations,
and/or remains of such, may be regulated more specifically. The requirement to
remove existing barbed wire which can influence the animals’ movement will be
introduced based on the provisions in the third article. There is further a provision for
exemption from the ban for using barbed wire in fencing to regulate traffic of animals.
Municipal regulations regarding the use of barbed wire, ratified by the ministry in line
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with the Act 20 December 1974 nr. 73 concerning Animal Protection, will apply until
they are repealed by regulation under this provision, ref this Act’s § 40.
With regard to § 16. Traceability
The first article delegates power to issue regulations regarding traceability of
animals or animal products for animal welfare reasons.
Traceability means the obligation to identify each person one has received the
actual animal or product from, and an obligation to be able to identify who one has
delivered the animal or product to. These details shall be made available to the control
authority upon request.
The provision is introduced primarily to have the opportunity to implement
possible future regulation of traceability for animal welfare reasons that could be
incorporated in the EEA Agreement. An equivalent requirement is contained within
the food legislation. Such requirements may, however, be regarded desirable or
necessary from a purely national perspective.
The requirements for traceability should, as far as possible, be adapted to the
purpose for which they are intended, and not place greater burdens upon the
operations/responsible person than necessary to ensure a functional system for
traceability.
The second article provides for issuing regulations regarding labelling of
products which originate from animals. Labelling is all information on or related to
the product.
There is a provision for setting conditions in connection with mandatory or
voluntary labelling schemes. Certain labelling schemes in other areas of EEA
legislation are voluntary, but if one chooses to use them, a series of mandatory
requirements and obligations are applicable.
With regard to § 17. Trading etc. in animal products
The regulation enables the limitation or banning of production, trading, use,
import and export of products from animals which are covered by the Act. The terms
trading, import and export cover all transfers or border crossings regardless of
whether payment is made. Conditions can be laid down relating to trading, import and
export, in addition to requirements for which information which must follow the
product. Regulations can be made to encourage good animal welfare or respect for
animals, and to comply with international obligations. The power to issue regulations
must be utilised in line with the limitations imposed by international agreements
which regulate trade and which Norway has ratified.
The central issue from a trade perspective is that any action is not more of a
barrier to trade than is necessary to achieve the objective.
If regard to human rights, for example the right to religious practice, demands
access to products which according to this Act are illegal to produce in Norway, such
products will not be banned for import or trading in Norway.
The import and export of animal products is also regulated by regulation 15
November 2002 nr 1276 concerning the implementation of the convention 3 March
1973 on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
18

With regard to § 18. Access to property and the obligation to
assist
The first article: Unhindered access is defined as the control authorities having
the right to be given access at all times to places and buildings. This right applies to
all sites where there is reason to believe that animals are kept, or other activity
covered by this Act takes place. The right of access applies regardless of whether or
not animals are actually kept there at that specific time. The intention is to protect the
need to inspect rooms etc. where the owner claims there are no animals. At the same
time there may be a need for an inspection even though the animal is not there at the
time of inspection. Information regarding how an animal dwelling is designed,
maintained etc. may provide information regarding the conditions for animals that
have been kept or will be kept in the animal dwelling. The right to unhindered access
also covers the opportunity to inspect physical objects, for example the contents of a
medicine cabinet.
The term in the second sentence “not given unhindered access” means both the
occasions where the responsible person actively denies access and the occasions when
the control authority, using reasonable effort, cannot contact the responsible person
who can give access in time. Hence, the right to access applies regardless of whether
the animal keeper or another responsible person is present or not.
The control authority will, however, not be able to gain access through locked
doors to gain access in the event of the owner or other responsible persons being
absent. In such cases the assistance of the police is necessary. The control authority’s
right to unhindered access under the first sentence does not give the right to the use of
force in cases where the owner is present but denies access. In these cases police
assistance is also necessary. Cases of necessity must be evaluated with respect to
general legal requirements regarding the principle of necessity.
In addition, the practice of the right to access must have consideration for an
individual’s private life. Inspections in private homes where no form of business
which is subject to registration under this Act takes place is regarded relevant only in
cases where there is reason to believe that animals are exposed to unnecessary stresses
or strains.
The police are under the first article, third sentence, given the same right to
access as the control authority in cases where they are requested to assist by the
control authority.
The requirement concerning the participation of foreign inspectors under the
first article, fourth sentence, is a continuation of current legislation and result of
international obligations, ref. the EEA Agreement.
The control authority can otherwise bring experts along on inspections, but
must then prove that the experts represent the control authority. There may be a need
to have personnel that have a particular knowledge of a particular animal species or
form of animal keeping (veterinarian, ethologist, building specialist). This will
improve the opportunity to provide information that is relevant to the case.
The second article introduces an obligation for the person being controlled to
provide, free of charge, necessary premises, furniture and fixtures, assistance and
equipment for the carrying out of a control and, otherwise provide help to facilitate
the control. “Necessary premises” means those of the existing premises which are
necessary for the control authority’s work. The requirement is relevant for example
when the control authority needs to take pictures, weigh an animal, remove animal
material in order to get an overview over, and document, the actual conditions.
19

With regard to § 19. Obligation to provide information,
documentation and control activities
The first article introduces an obligation for the animal keeper and other
persons under obligations under this Act to provide or send information as demanded
by the control authority.
The obligation to provide information includes the provision, securing and
preproduction of information required by the control authority. The requirement
regarding information can be presented verbally without previous notice. The control
authority can demand the information which is of relevance to describe the animal
welfare conditions, including demanding access to documents.
The first article, second sentence, extends the obligation to include others who
may hold relevant information. This will first and foremost apply to persons who
through practicing of their profession have information regarding other persons’
animal keeping or handling of animals. The obligation to provide information is
limited to information which the control authority needs with regards to a specific
case. The general public’s obligations are limited to that covered by the obligation to
alert in § 5.
The information under this requirement also includes information regarding
the location of animals. Such an obligation to inform is naturally related to the right of
access under the Act’s requirement concerning access to premises and to provide
help. The requirement will contribute to animals not being concealed from control by
the control authority not receiving necessary information regarding the location of an
animal.
The second article delegates power to issue regulations concerning the
obligation to provide information and duty to report. It also provides the power to
require systematic control measures and systems to ensure this. The term systematic
control measure can cover a requirement concerning self assessment and internal
control, but offers a larger spectre of opportunities with regard to the choice of
method in order to confirm and document compliance than the term internal control.
Such registrations can be necessary to carry out control of measures intended to
prevent fire, ensuring ventilation, ensuring feed and water, adequate supervision and
similar measures. Provisions regarding internal control are most suited to the keeping
of production animals and other commercial animal keeping, and less suited to the
keeping of pets and hobby animals.
With regard to § 20. Hunting, catching and fishing
The first article requires that hunting, catching and fishing shall be carried out
in such a way as to be conducive with appropriate animal welfare. What can be
defined as appropriate animal welfare is dependent upon which species is being
hunted, trapped or fished. Generally, it will not be considered appropriate to hunt for
animals in the breeding period, when the young are dependent on their parents to
survive.
The Act regarding wild game provides for regulation of which methods and
equipment can be used for hunting etc. The requirements for humane hunting are
contained within the legislation concerning wild game. Therefore, the hunting and
trapping methods which are legal under the Act concerning wild game will also be
appropriate under the Animal Welfare Act. Certain hunting and trapping methods are
forbidden, for example the use of poisonous bait without specific approval, self firing
20

trap, certain forms of trap and snare trapping and hunting with bow an arrow. Such
methods can represent a risk of subjecting the animal to injury without killing
immediately, and is specifically regulated in the legislation concerning wild game.
In the case of fishing, one does not have adequate knowledge regarding the
suitability of all fishing methods with regard to the protection of fish welfare. In the
case of catching wild fish in large scale, it may be difficult to set the same
requirements for considerate killing as when the animal is caught individually.
However, trapping methods which as far as possible maintain regard for appropriate
killing of fish should be used.
In the light of new knowledge, certain hunting, trapping and fishing methods
which are generally used today could be considered as inappropriate in the future.
The shooting, on animal welfare grounds, of stray tame animals or animals
which have been accidentally trapped in nature etc. is not considered as hunting but as
killing under § 12.
The second article delegates responsibility to provide regulation concerning
hunting, trapping and fishing, including the possibility of setting conditions for
hunting famed game which have been released into nature. It will also be possible to
introduce requirements for individual hunting, trapping and fishing devices.
The third article provides power to regulate hunting, trapping and fishing of
kept animals. Physical containment is not necessary to define an animal as being kept.
Animals which are owned and which are subject to a certain extent of supervision and
care (feeding, sickness prevention, breeding,) are considered kept animals. Animals
which are released to be wild as part of a wild game policy, are not considered as
being kept. Animals in captivity will often not have the same opportunities as wild
animals to escape in hunting, trapping and fishing situations. Regulation under this
requirement shall ensure that the activity takes place in an environment which is close
to a natural environment for the animals so as not to expose them to unnecessary
strains. It is also possible that specific requirements be set for keeping and the
environment in which the animal is held in, for example requirements for space and
operational routines.
The hunting, trapping or fishing of kept animals will not be covered by the ban
in § 12 regarding the killing of animals as an independent entertainment or
competitive element.
With regard to § 21. Capturing of animals that live in the wild
The first article provides for the possibility to issue specific regulations
regarding the capturing and handling of animals that live in the wild, including
conditions for and prohibitions against such activities.
It will for example be relevant to set conditions for capturing and handling of
animals in connection with wild game management marking, sampling and other
surveillance of the stock.
Section II. Animal keeping
With regard to § 22. General conditions for keeping animals
The first article defines a fundamental principle for the keeping of animals.
The term keeping means short term care of an animal irrespective of time. In the case
21

of short term care the general keeping requirements will apply as far as they are
suitable. The requirements do not hinder the establishment of the keeping of new
species, but sets certain limitations by requiring that the keeping of animals is only
allowed if the animal can adapt to the situation in an appropriate way with regard to
animal welfare. This demands particular care with regards to animals which are not
used to being kept. The keeping of such animals demands that conditions are adapted
in advance in order to ensure that the adjustment is not too difficult for the animal.
The requirement is relevant to prevent land animals and aquatic animals from being
taken from the wild and placed in zoos or aquariums without adequate consideration
for the animal’s ability and possibility to adapt.
The short term care of sick and injured wild animals for rehabilitation and
return to the animal’s natural environment can take place within the scope of this
Act’s requirements. In the case that the attempted rehabilitation subjects the animal to
significant strain, there is reason to believe that the animal has little chance of
surviving in the wild or will not manage again in the wild, the animal should be killed.
From an animal welfare perspective it will more often be necessary to kill sick or
injured wild animals than is necessary with the equivalent sickness and injury in tame
animals. Both the care and time taken will often be a strain for the animal and can
have an influence upon its ability to survive in the wild afterwards. Such care should
therefore be short term. In the case of rare or endangered species it may with regards
to other issues be necessary to accept some more significant strain and longer periods
of care. The care of wild animals demands high levels of competence from the carer
or that the carer has access to the necessary professional competence. Subsequent
detailed regulation of such care must be harmonised with the relevant requirements in
the Act concerning wild game.
The requirements apply to both species and individuals. Animal welfare is
considered from the point of view of the individual animal, and there are great
individual differences with respect to the ability to adapt. Some individuals do not
adapt to a life in captivity, which has been observed in certain exotic birds and within
deer farming. Other animals taken into captivity have also shown signs of the absence
of the ability to adapt. For example, dolphins and other whales very seldom reproduce
in captivity.
The second article delegates responsibility which provides for regulations
which limit or ban keeping of certain animal species, races and strains. This
requirement will for example, together with the provision regarding the trading of
animals under § 27, provide for the continuation of regulations 20. November 1976 nr
3 concerning a ban against the import, trading or keeping of exotic animals as
domestic, pets or in captivity in any other way. Based on the enormous amount and
diversity of exotic animals that could be kept in Norway, it is natural to regulate
import through regulations which define which species can be legally kept. The
requirement provides for specific regulation related to keeping Norwegian animal.
The regulatory provision can also be used to hinder unfortunate consequences
with regard to animal welfare when wild animals are caught in other countries in
order to be traded in Norway, or that animals bred in captivity are imported or kept.
This way one can ensure that only exotic animals for which the conditions are
appropriate are being kept.
22

With regard to § 23. The animals’ living environment
The first article requires that the animal keeper shall ensure that animals are
kept in an environment which is consistent with good welfare, and which meets the
animals’ needs which are specific for both the species and the individual. The
environment shall give the animals opportunity to carry out stimulating activities,
movement, rest and other natural behaviour. The requirement applies to all kept
animals including for example animals for testing, animals in slaughter houses, tame
reindeer, aquatic animals, wild fish kept in nets and family/hobby animals. The
requirement shall protect animals as individuals. It gives general guidelines regarding
design of suitable environments for the benefit of the animal, and requires that the
animal’s basic environmental needs are met. Which specific requirements will vary
between species, individuals, type of keeping, and will over time change subject to
new knowledge. It will not be appropriate to require that short term stays at a
slaughter house should provide the same living condition as in other forms of animal
keeping. An animal’s living environment can be assessed partly based upon its
behaviour. One type of welfare problem arises when an animal is motivated to behave
in a particular way but can’t as a result of an unsuitable physical or social
environment. This can lead to frustrations. It is therefore important to offer the
animals an environment which provides space for stimulating activity and exercise of
natural behaviour. This can be done for example by enhancing the environment to
provide the opportunity for nest building (pigs, hens) and grooming behaviour, e.g.
sand bathing, for hens.
The requirement shall ensure that animals are kept in an environment which
provides good welfare and covers for example climatic conditions outside and inside.
For example air quality, weather conditions, lighting, water quality for aquatic
animals, seafloor/terrain, vegetation, access to food/grazing conditions, solitary/social
environment, access to concealment, freedom from parasites and predators and
sufficient lack of discomfort to the senses can be significant, could be of significance.
The animals shall for example have adequate protection not just from cold, rain and
wind in winter, but also against sun and insects in the summer. Such protection can
for example take the form of a room, artificial shelter or natural shelter in the terrain.
It must also be the aim that animals with low status have the opportunity to withdraw
from aggressive relatives.
The environment shall be adapted to the needs of the species. This includes for
example herd animals need to be kept in herds or groups. This can, however, not be
practised without exception. For example, dog’s social needs may be achieved
through contact with people and other person’s dogs. To what extent human contact
can reduce the need for contact with relatives or other animals varies between species
and individuals. It will only be the case in certain situations (for example sickness)
that it is appropriate to keep livestock and tame reindeer isolated from relatives. The
same applies to some small animals for example budgies and guinea pigs. Horses
should also have the opportunity for contact with animals of the same species in pens,
whilst grazing or similar. Herding animals often have the need for stable groups
where the animals know each other and have established internal rules such as rank. It
may, however, be necessary to keep animals apart from the herd in order to prevent
that they injure each other. In the same way it may be necessary to keep animals apart
from each other to avoid mating. It can in certain cases be necessary to separate
mother and offspring at an earlier stage than would be natural for the animals. If the
separation causes social isolation and poor welfare, the animal keeper must take
necessary action. In large production units for many fish, it is normal that there is
23

biological diversity. In a large population there will always be individuals which are
isolated and are or will be considered as sick or starved etc. During the daily
supervision, such individuals should as far as possible be removed and slaughtered.
This must be reviewed with regard to other animals in the facility which may be
subjected to unnecessary stress and reduced resistance against external biological or
environmental parameters.
To ensure necessary adaptation to the environment through learning it is often
necessary to keep young animals in similar environments to that in which they will be
kept as adults. To transfer an animal from an enriched environment to a less enriched
environment can result in worse welfare and should be avoided.
Good environmental conditions are important for fish and other aquatic
animals’ contentment and welfare. This means that several more environmental
requirements than health and good water quality must be ensured, and that conditions
should be adapted to the individual species. For example, demersal fish should be
offered an environment where it can lie on the bottom in dark surroundings. Other
important environmental requirements for fish are mainly ensuring sufficient water so
that the fish can practise near normal swimming behaviour, appropriate fish
population and composition of individuals which does not represent a danger for each
other. The requirement for living environment will in the first instance apply to fish in
aquaculture but also in storage and breeding of wild caught marine fish.
The first article, second sentence builds on the principle that a good living
environment shall promote good health and contribute to contentment and safety. At
the same time a challenging environment, such as for example mountain pastures,
may demand more of the animal’s health and condition. Safety involves the animals
need to seek shelter or social protection if the animal is scared, withdraw from
threatening animals from the same species, not be exposed to frightening experiences
and not experience direct threats and attack from, for example, predators. The Act
does not require that an animal should experience total safety, but that the
environment shall be such that it contributes to the opportunity for the feeling of
safety. Animal’s contentment shall be promoted as it is a goal, and increasing focus
on the notion, that animals should have a good life and experiencing positive
emotions.
The need for regular medical or surgical treatment in connection with animal
keeping can in some cases be an indication that the animal’s living environment does
not provide adequate welfare.
The second article also requires access to suitable and safe shelter outside the
normal grazing period. The definition of “suitable shelter” will vary subject to the
animal species, race, age, health and geography and climate. Suitable shelter must
offer the opportunity for a dry and draught free shelter where the animals can stand
and lie down etc. As a main rule, this will be a building with walls and a roof. Where
the climatic conditions and conditions of the individual species allow, it may be
possible to keep animals in simpler shelters with easier access from the surrounding
terrain.
The tern suitable and safe shelter includes requirements for protection from
fire, inappropriate air quality and that predators can gain access to the shelter. An
opportunity to evacuate is appropriate for some animal species but not all. Evacuation
is for example extremely difficult or impossible in the case of broiler chicken farms.
In such instances the focus should be on fire alarm and other preventative actions
Normal grazing periods vary in different parts of the country and are subject to
the various natural circumstances and the individual species’ needs. In the case of
24

tame reindeer and other species kept under similar natural conditions, where other
animals of the same species exist in similar natural conditions in the Norwegian
fauna, the grazing period can last the whole year.
The third article is a delegation of responsibility to provide regulation
concerning animals’ living environment. Such regulations can include limitations to
the possibility of keeping animals permanently indoors or outdoors. This provision
provides for laying down specific requirements regarding action to prevent, discover
and fight fire, for example fire alarm. In addition, such a regulation can provide for
exemptions from the requirement in the second article concerning access to shelter.
With regard to § 24. Attention, care and feeding
The animal keeper’s responsibility under this regulation applies for all types of
animals, both for land and aquatic animals, regardless of where they are situated.
The first article defines that the animal keeper shall ensure that animals
receive good supervision and care. The provision shall ensure that the animal receives
necessary protection, care or treatment, and that it is killed if necessary. Good care
includes good cleaning, both of the animals and the environment which they are kept
in. The term supervision also means the possibility to discover danger and implement
necessary action. The level of supervision and care which is necessary at anyone time
will depend on the species, race, age, phase of development, sex, level of domesticity,
health condition, condition, stage of pregnancy etc. New born, weak or sick animals
may for example need extra warmth, feed and place to lie in a concealed place.
Conditions in the surroundings will also be of significance.
In the case of tame reindeer and other animals which are outside all or part of
the year, this will involve the animal keeper for example being able to discover
dangers and helpless, sick, starving or injured animals. In this way action can be
taken, including necessary treatment or killing to prevent the animal from suffering
over a long period of time. The obligation to carry out supervision of the animals
whilst they are grazing must be adapted to the local conditions including terrain,
grazing conditions, dangers in the grazing area etc. When it is considered that there is
a significant risk that animals can be subjected to danger, the supervision must be
intensified. In such areas it may be necessary, based upon concrete risk assessment, to
take preventative action as in the second article (b). Even though supervision will not
prevenet all injuries caused by for example predatory animals or accidents, good
supervision will increase the opportunity to discover situations which require action.
The animal keeper’s obligation to ensure good supervision and care of animals
means that the animal keeper must ensure that the animals are not left unattended in a
place or over a period of time which is not appropriate. This does not prevent having
animals grazing, but the obligation to supervise applies here as well. If one wishes to
stop keeping animals, the animals should be transferred to another competent animal
keeper or killed. To abandon animals or in any way leave them unsupervised, uncared
for or unfed will constitute a breach of regulation unless such action is in compliance
with this Act or requirements made under this act.
Letter (a) requires the animal keeper to ensure that feed, pastures and water are
of good quality, satisfy the animal’s need for nutrition and fluids, and stimulate good
health and welfare. This involves for example that the feed quality and quantity shall
satisfy the animal’s nutritional needs, promote good health, natural growth,
development and give the feeling of being full. The feed’s hygienic quality shall be
adequate. The feed shall not contain harmful substances and shall comply with
25

requirements made in and under The Food Act. The taste and consistence of the feed
can also be of significance. Feeding should be adapted to the species, age, stage of
development, production, use (for example working animals) and general condition
(for example nursing or sickness condition). The feed and feeding must be adapted to
the animal’s natural eating behaviour (number/size of portions, texture, the manner in
which the feed is given). The feeding routine shall consider possible competition
between the animals and the feed shall be appropriate for use by species which
naturally take a long time to eat, in order to avoid dissatisfaction and frustration. Both
distribution and storage of feed must take place without the danger of the animals
overeating.
Drinking water for the animals shall be of good quality and given in
appropriate amounts and be constantly available or given regularly and at intervals
suited to the animal species, age, level of development and general condition. The
water shall be given is such a way that all animals shall have adequate access. The
term good quality means that the water must be of for example such a hygienic
standard that it does not cause the animal sickness.
The requirement concerning good quality grazing applies to all grazing
animals and is a clarification of the general obligation to give animals adequate feed.
Grazing used as the basis for feed shall be of good quality and provide enough food
based on the number of animals. If the grazing does not satisfy the grazing animals’
nutritional needs, additional feed must be provided. Additional feed includes the need
for vitamin and mineral supplements.
In reindeer operations, locked pastures due to impenetrable coverage of ice
and snow can for example be a problem. In such cases, the person responsible for the
reindeer operations must attempt to ensure crisis feeding. Crisis feeding must start at
the right time and be carried out in an appropriate way. It is important that the animals
are accustomed to the crisis feed gradually as experience shows that it is difficult to
start feeding when the animals are already weak. The feeding of wild animals is not
covered by this requirement. Possible feeding of wild animals must be considered
under the Act’s general requirements. In this consideration it will be relevant to
consider elements of feeding requirements contained in this provision.
The second sentence introduces a ban concerning the forced feeding or
hydrating of animals unless done for animal welfare reasons. Even though there may
be animal welfare reasons for force, the force used shall not be more than is
necessary.
Letter (b) places an obligation upon the animal keeper to protect animals from
injury, sickness, parasites, predators and other dangers. In addition it requires that sick
and injured animals shall be given appropriate treatment and be killed if necessary.
The requirement for protection applies to probable or known dangers. The
requirement should be seen in light of the need for protection, for example certain
sicknesses, parasites etc. may be a perfectly natural part of the animal’s life. The
action taken should be balanced having regard to animal welfare and practical issues.
When the situation, following a an assessment of the total picture, is considered
unacceptable with regard to animal welfare, the necessary action must be taken, even
though it may be difficult and/or a strain on resources. Action is possible when the
danger is discovered or is probable, and no extraordinary circumstances which
prevent action exists.
When the animals are grazing in for instance mountain pastures, it cannot be
expected that they receive the same protection against dangers as they would indoors.
26

In addition, practical condition can make it impossible to give all the animals in the
herd immediate protection.
The requirement for protection is not total. It is, for example, accepted that
some stresses and strains which animals can be subjected to whilst grazing are
outweighed by the advantages of grazing. In the case of grazing in for instance
mountain pastures, it is appropriate to consider the nature and scale of the stresses and
strains. In addition, it is natural to review what can be determined as a normal loss of
animals in a grazing area, in larger areas or on a national average. The individual
herds must be evaluated, and the loss of animals is only one of many indicators to be
taken into account when evaluating whether or not the animals are kept in an
appropriate way. It is a requirement that animals shall be protected from predators.
The term predator means all animals which are predators. The term includes land
animals, birds, sea mammals and fish.
The core of the evaluation is the nature and extent of the stresses and strains.
Both physical and mental stresses, for example fear and stress, should be included in
the evaluation.
There is, however, a limit to how great the stresses and strains, or danger of
such, which can be accepted. For example, the danger of predator attacks may make it
necessary to implement specific action, for example to avoid using normal grazing
areas.
The injury sustained by an animal when it strays onto a road or railway, or is
attacked by dogs or people, are examples of other dangers.
Disease includes everything that has a negative effect upon the animals health
including infections, production related hereditary sickness, parasite attack, poisoning,
side effects of medical treatment and malnutrition. Some prey animals are inferior by
nature and show few symptoms when they are injured, sick or suffering in other ways.
For such species welfare can often easier be evaluated on the basis of perception of
wellbeing.
Letter c) requires that the animal keeper shall ensure that the spreading of
infectious disease shall be limited. The term spreading of infectious disease means the
transfer of potentially disease provoking agents. The term limited means to take
necessary action to reduce the spreading of disease. The obligation to limit the
spreading of disease applies to both within ones own holding, transport to or from
other animals in other holdings and transport to or from animals in wild stocks. The
Food Act and regulations made under it are the main legislation for actions against
infectious animal diseases. The type of action the animal keeper can or must
implement may be affected or limited by food legislation.
Letter d) places an obligation upon the animal keeper to ensure that animals,
where appropriate, are suitably tame in order to be handled and cared for in an
acceptable manner with regards to animal welfare. This requirement shall ensure that
animals, where relevant with regard to animal welfare, are made familiar with contact
with and handling by people. How tame animals shall be is subject to the animal
species and the reason for keeping the animal, and will vary accordingly. It shall be
possible to carry necessary supervision, care and handling.
The second article is a delegation of responsibility to provide specific
regulations regarding supervision and care of animals, including conditions for the
extent and execution of care and supervision, and for the protection and handling of
animals.
27

Specific guidelines for the proposal regarding a law for animal welfare 25-11-2008- Final

Specific guidelines for the proposal regarding a law for animal welfare 25-11-2008- Final

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