Animal Protection Act1
Passed 13 December 2000
(RT2 I 2001, 3, 4; consolidated text RT I 2002, 13, 78),
entered into force 1 July 2001,
amended by the following Acts:
26.11.2009 entered into force 01.01.2010 - RT I 2009, 62, 405;
14.05.2009 entered into force 19.06.2009 - RT I 2009, 29, 174;
18.12.2008 entered into force 01.02.2009 - RT I 2009, 3, 15;
20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284;
15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119;
15.02.2007 entered into force 01.09.2007 - RT I 2007, 23, 119;
15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119;
20.04.2006 entered into force 01.06.2006 - RT I 2006, 21, 162;
26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477;
21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257;
06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566;
19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387;
19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375.
Chapter 1
General Provisions
§ 1. Scope of application of Act
(1)
This Act regulates the protection of animals from activity or failure to act by humans
which endangers or may endanger the health or well-being of animals.
(2)
In addition to this Act, the protection of animals living freely in the wild is regulated
by the Protection and Use of Fauna Act (RT I 1998, 107, 1763; 1999, 54, 583; 95, 843; 2001,
3, 4; 97, 602; 2002, 13, 78; 41, 252; 61, 375; 63, 387).
(3)
The protection of animals from disease and infectious animal disease is regulated by
the Infectious Animal Disease Control Act (RT I 1999, 57, 598; 2002, 13, 80; 78; 61, 375; 63,
387).
(4)
The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53,
336; 61, 375) apply to the administrative proceedings prescribed in this Act, taking account of
the specifications provided for in this Act.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 2. Animal
(1)
For the purposes of this Act, an animal is a mammal, bird, reptile, amphibian, fish or
invertebrate.
(2)
For the purposes of this Act, a farm animal is an animal kept or bred with the objective
of producing animal products. For the purposes of this Act, equidae are also deemed to be
farm animals.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(3)
For the purposes of this Act, a household pet is an animal kept or intended for keeping
with the objective of providing personal entertainment or company for humans. Provisions
concerning household pets also apply to animals which are trained to perform special
functions and are used, for example by the blind, the police or rescue service.
Chapter 2
Requirements for Keeping of Animals
§ 3. Keeping of animals
(1)
For the purposes of this Act, a keeper of an animal is a person who owns an animal
(the owner of an animal) or who, on the basis of a commercial lease or other relationship with
the owner of the animal, is engaged in keeping an animal.
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566)
(2)
A keeper of animals shall ensure that an animal, depending on its species and age, be
provided with:
1)
appropriate quantities of feedingstuffs and drinking water;
2)
adequate care;
3)
adequate microclimate, and space or structure which satisfies the need for movement
characteristic for the given species;
4)
other factors necessary for the health and well-being of an animal.
(3)
The use of devices and equipment which may cause injury to animals is prohibited in
the keeping of animals.
(31)
The health and well-being of farm animals shall be examined as frequently as
necessary in order to prevent avoidable suffering.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(32)
The health and well-being of farm animals in respect of whom intensive stock farming
is applied shall be examined at least once a day. For the purposes of this Act, intensive stock
farming means keeping of animals in such numbers or density, or in such conditions, or at
such production levels, that their health and well-being depend upon frequent human
attention.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(33)
Technical equipment used in intensive stock farming shall be inspected at least once a
day, and any defect discovered shall be remedied with the least possible delay. When a defect
cannot be remedied forthwith, all temporary measures necessary to safeguard the health and
well-being of the animals shall be taken immediately.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(4)
The Government of the Republic or a minister authorised by the Government of the
Republic shall establish:
1)
requirements for the keeping of farm animals and spaces or structures for such
purposes;
2)
(Repealed - 26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
3)
(Repealed - 15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119)
(5)
The Government of the Republic or a minister authorised by the Government of the
Republic may establish requirements for the keeping of animals arising from the objective of
keeping of animals or the characteristics of particular species or groups of animals, which
specify requirements provided for in subsections (2) and (3) of this section, including
requirements provided for spaces or structures for the keeping of animals.
(15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119)
§ 4. Prohibited act with respect to animal
(1)
A prohibited act with respect to an animal is an act causing the death or injury of an
animal, or an act causing pain or avoidable physical or mental suffering to an animal, for
example: forcing an animal to undertake efforts beyond its capabilities, organising animal
fights, abandon or leaving an animal in a helpless state, breeding activities which cause
suffering to an animal, and other acts with similar consequences which are not caused by the
medical treatment of an animal, other veterinary procedures or an emergency, except for the
cases specified in subsection 10 (1) of this Act, and animal experimentation in compliance
with the requirements established by this Act.
(2)
For the purposes of this Act, animal fight is a fight between two animals or an animal
and a human which is organised for business, entertainment or other purposes, and as a result
of which an animal may be killed, injured or may suffer.
(3)
Forced feeding of animals is prohibited, except in the case of medical indications.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
§ 5. Stray animals
(1)
Animals without an owner and loose domestic animals within the meaning of
subsections 12 (1) and (2) of the Infectious Animal Disease Control Act (hereinafter stray
animals) shall be captured and returned to the owner, or a new owner shall be found for such
animals.
(2)
If the owner of a stray animal cannot be identified and a new owner cannot be found for
the animal, animal euthanasia shall be performed pursuant to the procedure provided for in §
18 of this Act. A period of at least two weeks shall be left between the beginning of the
procedure of identifying the owner of an animal and the euthanasia of the animal, during
which the keeping of the animal in compliance with the requirements and when necessary, the
medical treatment of the animal shall be guaranteed.
(3)
Local governments shall organise the capture, keeping and killing of stray animals and
the destruction of animal carcasses within their territories.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(4)
The Government of the Republic shall establish the procedure for the capture and
keeping of stray animals, for the identification of their owners, and for the killing of stray
animals.
Chapter 21
Protection of Pet Animals
(15.02.2007 entered into force 01.09.2007 - RT I 2007, 23, 119)
§ 51. Health and well-being of pet animals
(1)
The health and well-being of a pet animal shall be examined regularly. Greater
attention must be paid to the health and well-being of an animal during the period when the
animal is giving birth, is reproducing or ill and if significant changes occur in the environment
where the pet animal is kept. If, upon examination of the health and well-being of a pet
animal, a deviation from usual behaviour is found, the reasons for such behaviour shall be
immediately ascertained and measures for improvement of the health and well-being of the
pet animal shall be taken. A pet animal who has fallen ill or is injured must be treated as
necessary.
(2)
In interior spaces, a pet animal may be kept tied up only for a short period of time and
on the grounds of ensuring the well-being of the animal.
(15.02.2007 entered into force 01.09.2007 - RT I 2007, 23, 119)
§ 52. Spaces or structures and devices and equipment for keeping of pet animals
(1)
Spaces or structures for the keeping of pet animals shall allow the animal, in
accordance with the behavioural habits of the species, to see and hear what is going on in the
space or structure or in the surroundings thereof and ensure the animal the possibility to
communicate.
(2)
Spaces or structures for the keeping of pet animals and devices and equipment used
for the keeping of the animals shall be safe for the animal and easy to clean.
(3)
The devices and equipment used for the feeding and watering of pet animals shall be
placed in the spaces or structures so as to minimise any risk of contamination of the
feedingstuffs and water.
(4)
Spaces or structures for the keeping of pet animals shall be furnished suitably for the
animal species. If the behavioural habits of the species, such as scratching, digging, chewing,
hiding, bathing, diving and nest building, cannot be practised by a pet animal outside of the
space or structure, the space or structure shall be furnished with suitable material for the
specified activities.
(15.02.2007 entered into force 01.09.2007 - RT I 2007, 23, 119)
Chapter 3
Protection of Animals Living Freely in Wild
§ 6. Protection of animals living freely in wild
The number of animals belonging to an animal species living freely in the wild can be cut
down pursuant to the procedure provided for in the Use and Protection of Fauna Act and the
Infectious Animal Disease Control Act.
§ 7. Protection of animals upon performance of work
(1)
In order to prevent the death of animals living freely in the wild, supervisory officials
have the right to:
1)
require technological measures and equipment to be used in fieldwork which ensure that
animals living freely in the wild are kept off;
2)
require corresponding amendments to be made in the technological schemes for the
performance of work, and notify the person who granted permission for the performance of
the work of such request;
3)
suspend excavation and forestry operations for the reproduction period of animals living
freely in the wild.
(2)
A precept for the suspension of the activities specified in subsection (1) of this section,
or for the application of protective measures shall enter into force as of the time of its delivery
or communication. The costs of compliance with the precept shall be borne by the person who
ordered the work.
(3)
Access by animals living freely in the wild to hazardous substances and to places for
treatment of hazardous raw materials and waste which present a threat to the health of the
animals must be precluded.
Chapter 4
Medical Treatment of Animals and Veterinary Procedures
§ 8. Medical treatment of animals
Upon the medical treatment of animals, the animals shall be protected from avoidable
suffering and from contraction of infectious diseases.
§ 9. Veterinary procedures
(1)
It is prohibited to perform operations and other veterinary procedures on animals which
alter their appearance and which are not prescribed for medical treatment. The ears and tails
of dogs and cats may be cut only in the case of medical indications.
(21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
(2)
It is permitted to perform veterinary procedures, such as the castration, sterilisation or
cropping of animals, clipping of hooves of animals, tattooing of animals and implantation of
animals with a micro-chip identification system, cutting of tails of bird dogs and badger dogs
used in hunting, clipping the teeth of piglets, fitting bulls with nose-rings, trimming the beaks
of chicks and fitting of boars kept in outdoor pens with snout rings. The tails of piglets may
be cut only in the case where this is essential for the safeguarding of their health and well-
being pursuant to the decision of a veterinarian. Castration of animals in a manner which
causes long-lasting pain and tissue necrosis is prohibited.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(3)
Operations and other veterinary procedures, including tattooing of dogs and cats and
implantation of animals with a micro-chip identification system, shall be performed by a
veterinarian. Permitted procedures which take little time and cause only insignificant pain
may also be performed by a person with appropriate training.
(21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
(4)
The Government of the Republic or a minister authorised by the Government of the
Republic shall establish a list of permitted veterinary procedures, and of persons authorised to
perform the procedures, and requirements for the performance of the procedures and the
training of the persons performing such procedures.
Chapter 5
Protection of Animals upon Slaughter or Killing
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 10. Permitted killing of animals
(1)
Permitted killing of an animal is:
1)
slaughter or killing of a farm animal;
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
2)
killing of surplus chicks and embryos in hatchery waste;
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
3)
emergency slaughter of a farm animal;
4)
killing of an animal in a helpless state;
5)
slaughter of an animal for religious purposes;
6)
animal euthanasia;
7)
killing of caught fish;
8)
hunting of game;
9)
extermination of noxious insects and rodents;
10)
diagnostic slaughter of animals, and killing of animals in order to control the spreading
of infectious animal disease as prescribed by the Infectious Animal Disease Control Act;
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
11)
killing of an animal for self-protection.
(2)
In the case of permitted slaughter and killing of an animal, a method for slaughter and
killing shall be chosen which causes the animal the least possible amount of physical and
mental suffering.
(3)
An animal may be killed for self-defence if an attack by the animal endangers human
life or health, and the attack cannot be prevented or combated in any other manner.
§ 11. Conditions of slaughter of farm animals
(1)
A farm animal may be slaughtered only in a duly approved enterprise (hereinafter
slaughterhouse). The following may be slaughtered elsewhere:
1)
a fur-bearing animal, rabbit, fish and bird;
2)
a farm animal, if the animal products are to be used for own purposes;
3)
a fur-bearing animal, in the cases prescribed by the Infectious Animal Disease Control
Act.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(2)
Causing unnecessary pain and suffering to animals shall be avoided upon the transport
of animals to a slaughterhouse, loading and unloading of animals, keeping and treatment of
animals prior to slaughter in a slaughterhouse and stunning and slaughtering of animals.
§ 12. Keeping of animals in slaughterhouses prior to slaughter
(1)
Immediately after arriving at a slaughterhouse, farm animals shall be sent for slaughter
or shall be lairaged in order to guarantee the protection of the animals from harmful
meteorological conditions and other harmful effects.
(2)
Farm animals which have been subjected to high temperatures and humidity shall be
cooled by appropriate means.
(3)
Farm animals which may harm each other on account of their species, sex, age or origin,
or due to other circumstances shall be kept apart.
(4)
The keeping of farm animals at a slaughterhouse prior to slaughter shall comply with
the requirements, and the provision of veterinary supervision shall be guaranteed.
(5)
The requirements for keeping and treatment of farm animals prior to slaughter shall be
established by the Government of the Republic or a minister authorised by the Government of
the Republic.
§ 13. Slaughtering and killing of farm animals
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(1)
Farm animals shall be stunned prior to slaughter.
(2)
Where necessary, animal shall be restrained prior to stunning.
(3)
For the purposes of this Act, stunning is a process which, when applied to an animal,
causes immediate loss of consciousness which lasts until the death of the animal, and which
shall be carried out in a manner which causes as little suffering and pain as possible.
(4)
The further handling of an animal after the slaughter thereof is prohibited until the death
of the animal has been verified.
(5)
Farm animals shall be stunned and slaughtered or killed by using instruments which are
permitted to be used on the given species and are in good working order. Farm animals shall
be stunned, slaughtered or killed by a veterinarian or a person with appropriate training.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(6)
Requirements for the stunning, slaughter and killing of farm animals, the training of
persons performing such activities, permitted instruments and methods for stunning, slaughter
and killing of farm animals shall be established by the Government of the Republic or a
minister authorised by the Government of the Republic.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 14. Killing of surplus chicks and embryos in hatchery waste
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(1)
Surplus chicks and embryos in hatchery waste may be killed outwith slaughterhouses.
Permitted methods of killing of surplus chicks are:
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
1)
killing with appropriate mechanical apparatus causing instantaneous death;
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
2)
killing by administering CO2.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(2)
Embryos in hatchery waste shall be killed with appropriate mechanical equipment
which brings on instantaneous death.
(3)
The procedure for killing of surplus chicks and embryos in hatchery waste shall be
established by the Minister of Agriculture.
§ 15. Emergency slaughter of farm animals
(1)
For the purposes of this Act, emergency slaughter is the slaughter of a farm animal for
mercy, or in order to avoid economic damage, if the medical treatment and keeping of the
animal alive would cause long-time suffering to the animal.
(2)
Emergency slaughter shall be carried out with least physical and mental suffering
possible to the farm animal being slaughtered and to other farm animals present at the place of
slaughter.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(3)
The emergency slaughter of sick, weak or injured farm animals shall be carried out
immediately. Farm animals which are unable to walk shall be slaughtered on site, or shall be
transported to the place of slaughter if it does not entail any suffering to the animals.
§ 16. Killing of animal in helpless state
An animal who is in a helpless state as a result of an accident or emergency may be killed, if
survival would cause long-time suffering to the animal, or if the animal cannot be granted the
mode of living appropriate for its species or if the re-introduction of the animal to its natural
habitat proves to be impossible.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 17. Slaughter of animals for religious purposes
(1)
An animal may be slaughtered for religious purposes outwith slaughterhouses. A
supervisory official shall be present at the slaughter of an animal for religious purposes.
(2)
The Government of the Republic shall establish the procedure for the slaughter of
animals for religious purposes.
§ 18. Euthanasia
(1)
Euthanasia is the killing of an animal at the initiative of the owner of the animal, or for
mercy if survival would cause long-time suffering to the animal, or if the animal cannot be
granted the mode of living appropriate for its species.
(2)
Animal euthanasia shall be carried out by a veterinarian.
(3)
Euthanasia shall be carried out with least physical and mental suffering to the animal
possible under the circumstances.
(4)
A method used for euthanasia shall induce an immediate state of unconsciousness and
consequent death of the animal, or produce general anaesthesia which leads to the certain
death of the animal. A veterinarian shall establish the death of an animal put down by him or
her.
(5)
It is prohibited to use suffocation, drowning, administration of toxic substances or
medicinal products the dosage and administered amount of which might not bring on the
effect referred to in subsection (4) of this section, and killing by electrocution unless this
brings on an instantaneous loss of consciousness.
§ 19. Killing and slaughter of animal in presence of minor
The killing and slaughter of an animal in the presence of a minor is prohibited, except:
1)
extermination of noxious insects and rodents;
2)
any fishing activities;
3)
killing of an animal in a helpless state;
4)
killing related to a study assignment in vocational education, in the presence and at the
liability of an instructor.
Chapter 6
Protection of Animals upon Transport
§ 20. Transport of animals
(1)
The requirements provided for in EU Regulation 1/2005 on the protection of the
animals during the transport and related operations amending Council Directive 64/432/EEC
and 93/119/EC and Council Regulation (EC) No 1255/97 (OJ L 3, 05.01.2005, p. 1–44) shall
be adhered to upon transport of animals.
(2)
A staging point shall comply with the requirements provided for in Council
Regulation (EC) No 1255/97 concerning Community criteria for staging points and amending
the route plan referred to in the Annex to Directive 91/628/EEC (OJ L 174, 2.7.1997, p. 1–6).
(3)
Within the meaning of the Article 2 (f) of EU Regulation 1/2005 and Council
Regulation (EC) No 1255/97, the competent authority is the Veterinary and Food Board.
(15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119)
§§ 21.–24. (Repealed - 15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119)
Chapter 7
Animal Competitions, Display of Animals to Public and Sale of Animals
§ 25. Animal competitions
(1)
Animal competitions (hereinafter competitions) shall be organised in compliance with
the Infectious Animal Disease Control Act.
(2)
Animals participating in competitions or being trained for such purposes shall not be
administered any substances which have or might have an effect on the capabilities of the
animals.
(21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
(3)
(Repealed - 21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
§ 26. Requirements concerning the organisation of competitions
(1)
A licensed veterinarian shall be present at a competition.
(2)
The veterinarian of a competition shall:
1)
monitor compliance with animal protection requirements during the competition;
2)
check the fitness of animals for competition;
(21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
3)
check the suitability of the equipment and technical aids to be used in the competition;
4)
provide first aid to animals and where necessary, prescribe further treatment;
5)
decide on the killing of an animal in distress;
6)
in the case of inclement weather conditions, propose to the organiser of the competition
to cancel the competition.
(3)
(Repealed - 21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
§ 27. Display of animals to public
(1)
The display of animals to the public is permitted in zoos and also, with the approval of
the local supervisory agency, at animal shows, animal competitions, animal fairs or auctions
in compliance with the Infectious Animal Disease Control Act.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(2)
Fish bred in artificial conditions and animals in the possession of a person trading in
animals may also be displayed to the public for commercial purposes provided that the wellbeing of the animals is guaranteed and the requirements for their keeping are complied with.
Under the conditions specified above, aquarium fish may also be displayed as an interior
design element.
(15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119)
(3)
In animal shows, animal competitions, animal fairs or auctions, animals which have
been born under artificial conditions shall be used.
(4)
It is prohibited to use an animal in an animal show, animal competition, animal fair or
auction if the participation of the animal in such event may cause the animal pain, suffering or
injury; it is also prohibited to train an animal in a manner which causes the animal pain,
suffering or injury.
(5)
It is prohibited to display to the public at exhibitions a dog born in Estonia who belongs
to a person permanently resident in Estonia or a legal person located in Estonia and whose
ears and tail have been cut without medical indication. A dog with a cut tail whose tail is
permitted to be cut on the basis of subsection 9 (2) of this Act may be displayed to the public
at exhibitions.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 28. Zoo
(1)
A zoo is a place where animals are kept for exhibition to the public during a period of at
least seven days in a year.
(2)
A zoo shall be designed and constructed in a manner which guarantees the health and
well-being of the animals and prevents their escape.
(3)
The design and structures of a zoo shall comply with the requirements established by
the Government of the Republic.
(4)
The health and well-being of animals upon their display to the public in a zoo shall be
guaranteed by their keeping in compliance with the requirements. A zoo shall engage in
research of animals, provision of information to the public concerning animal species and
their natural habitat, and dissemination of animal protection information.
§ 29. Activity licence for zoo
(1)
An activity licence is required from any person who wishes to operate a zoo.
(2)
An activity licence for a zoo shall be issued by the Environmental Board.
(18.12.2008 entered into force 01.02.2009 - RT I 2009, 3, 15)
(3)
The decision concerning the grant of licence or refusal to grant a licence shall be made
within sixty calendar days after the receipt of an application for the licence. The activity
licence shall be granted for an unspecified term.
(4)
Upon application for an activity licence, the applicant must prove that it holds an
activity licence granted by the local government, that the plan of the zoo complies with the
requirements set for the planning of zoos, that the applicant has employees with professional
training appropriate for working at a zoo, and adequate financial resources for building a zoo
and for the performance of the duties specified in subsection 28 (4) of this Act. The agency
which grants activity licences has the right to verify the information submitted upon
application for the activity licence.
(5)
An application for an activity licence for a zoo shall be submitted prior to the opening
of the zoo for the public. The Government of the Republic shall establish the list of
documents to be presented upon application for an activity licence for a zoo, the procedure for
the processing of applications and the procedure for the issue of activity licences.
§ 30. Refusal to issue activity licence for zoo
The agency which grants the activity licences for zoos may refuse to issue an activity licence,
if:
1)
the requirements set out in subsection 29 (4) of this Act are not complied with;
2)
the applicant has submitted inaccurate information upon application for the activity
licence.
§ 31. Suspension of activity licence for zoo
(1)
The agency which grants the activity licences for zoos may suspend an issued activity
licence if, in the course of supervision, the operator of a zoo has been issued a precept for the
termination of a violation and for the prevention of further violations and the operator has
failed to perform the acts prescribed by the precept during the term set for compliance
therewith. The activity licence may be suspended until the elimination of the deficiencies
which caused the suspension of the activity licence.
(2)
The display of animals to the public is prohibited during the time of suspension of the
activity licence.
§ 32. Requirements for termination of operation of zoo
(1)
Upon termination of the operation of a zoo, the owner of the zoo shall guarantee the
health and well-being of the animals, make living arrangements for the animals kept at the
zoo or organise animal euthanasia of the animals.
(2)
The supervisory agency shall ascertain that, upon termination of the operation of a zoo,
the provisions of subsection (1) of this section are complied with in accordance with the
requirements. Where necessary, compliance with the requirements provided for in subsection
(1) of this section shall be organised by the supervisory agency. In such case, the supervisory
agency has the right to demand that the holder of the suspended activity licence cover the
reasonable costs related to the acts performed.
§ 33. Transactions with animals
(1)
The sale of an animal, or transfer of an animal in any other manner for a charge or
without a charge to a person less than sixteen years of age is permitted only with the consent
of his or her parent or legal representative, unless otherwise provided by law.
(2)
Animals shall not be used as prizes in lotteries, games of chance and other such events.
§ 331. Keeping of pet animals in shop
(1)
It is prohibited to keep pet animals offered for sale in a shop on the shop window.
(2)
Pet animals offered for sale in a shop shall be ensured with a sufficiently peaceful and
quiet environment necessary for their normal existence. In the shop, physical contact between
a pet animal offered for sale and a visitor of the shop shall be precluded without the
supervision of an employee of the shop.
(3)
The cage, terrarium and aquarium of a pet animal offered for sale in a shop shall be
separated from the pet supplies and feedingstuffs sold in the same space by a partition or any
other means enabling partition.
(15.02.2007 entered into force 01.09.2007 - RT I 2007, 23, 119)
Chapter 8
Protection of Experimental Animals
§ 34. Animal experiment
(1)
For the purposes of this Act, an animal experiment is the use of an animal for a
permitted scientific purpose which may cause the animal pain, suffering or injury, including
any act which ends, either intentionally or probably, with the birth, hatching or death of an
animal under such conditions.
(2)
The use of an experimental animal for a permitted scientific purpose which involves the
use of analgesia is also deemed to be an animal experiment.
(3)
The killing or marking of an animal by using the permitted means and methods
provided by this Act is not deemed to be an animal experiment.
(4)
An animal experiment begins with the preparation of an experimental animal and ends
with the decision to keep the experimented animal alive or euthanase it after conclusion of the
observation of the animal for experimental purposes.
§ 35. Permitted purposes for conduct of animal experiments
Animal experiments are permitted for the following scientific purposes:
1)
avoidance, prevention, diagnosis or treatment of disease, ill-health or their effects in
humans, animals or plants, which includes the development, manufacture, quality,
effectiveness and safety testing of drugs, foodstuffs and other substances or products;
2)
detection, assessment, regulation or modification of physiological conditions in humans,
animals or plants;.
3)
protection of the natural environment in the interests of the health or well-being of
humans or animals;
4)
education and training, except upon the provision of general education and teaching of
general subjects;
5)
judicial examination.
§ 36. Restriction on conduct of animal experiments
(1)
It is prohibited to conduct animal experiments for the permitted purposes listed in § 35
of this Act if the purposes may be achieved by other scientific methods which do not
prescribe the use of experiment animals.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(11)
It is prohibited to conduct animal experiments for the purposes of development of
weapons and ammunition, and for the development of the production of tobacco products.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(2)
It is prohibited to conduct animal experiments for the purposes of conformity
assessment of the safety of cosmetic products:
1)
which are placed on the market and are made available to the final consumer;
2)
if the cosmetic products are the samples or designs of the cosmetic products which
have not been manufactured as a batch but according to which products are manufactured or
developed to completion.
(3)
It is prohibited to conduct animal experiments for the purposes of conformity
assessment of the safety of the ingredients of cosmetic products or their combinations if in the
European Union animal experiments have been replaced with the corresponding alternative
methods which are listed in Annex V to the Council Directive 67/548/EEC on the
approximation of laws, regulations and administrative provisions relating to the classification,
packaging and labelling of dangerous substances (OJ P 196, 16.08.1967, p. 1–98) and in
Annex IX to the Council Directive 76/768/EEC on the approximation of the laws of the
Member States relating to cosmetic products (OJ L 262, 27.09.1976, p. 176–200).
(21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
(4)
Animal experiments may be conducted either on the basis of a decision of the
European Chemicals Agency or with the consent of the Chemicals Notification Centre in
order to receive information required in the dossiers provided for in Regulation (EC) No
1907/2006 of the European Parliament and of the Council concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European
Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC)
No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive
76/769/EEC and Commission Directives 91/155/EEC,93/67/EEC, 93/105/EC and
2000/21/EC (OJ L 396, 30.12.2006, p. 1–850), or in the Biocides Act.
(14.05.2009 entered into force 19.06.2009 - RT I 2009, 29, 174)
§ 37. Using animals considered as threatened species in animal experiments
Experiments using animals considered as threatened species under the Convention of
International Trade in Endangered Species of Wild Fauna and Flora (RT 1993, 27/28, 83) are
prohibited unless they are in conformity with the Protected Natural Objects Act (RT I 1994,
46, 773; 2002, 6, 21; 53, 336; 61, 375; 63, 387) and the object of the experiment is:
1)
research aimed at preservation of the species in question;
2)
essential biomedical purposes where the species in question proves to be the only one
suitable for those purposes.
§ 38. Experimental animal
(1)
Experimental animal means any vertebrate fauna used for animal experiments
conducted for permitted scientific purposes. Free-living larval and/or reproducing larval forms
of fauna can also be used for animal experiments.
(2)
Experimental animals, except for farm animals, shall be born and bred in approved
establishments for the breeding of experimental animals. Farm animals used in animal
experiments shall be bred in approved or registered livestock buildings or constructions or in
delimited areas for the keeping of farm animals.
(21)
It is prohibited to use animals living freely in the wild as experiment animals, unless
use of other experiment animals in the animal experiment is insufficient for achievement of
the objectives of the animal experiment.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(3)
Experimental animals may be sold, or transferred in any other manner for a charge or
without a charge to persons conducting animal experiments by approved supplying
establishments.
§ 39. Breeding of experimental animals
(1)
In order to obtain approval for breeding of experimental animals, an undertaking shall,
prior to the commencement of activities, apply for the approval of its establishment as a
breeding establishment.
(2)
Breeding establishments shall be approved by the Veterinary and Food Board.
(3)
Requirements for breeding establishments and the procedure for approval thereof shall
be established by the Government of the Republic.
§ 40. Supply of experimental animals
(1)
In order to obtain approval for supply of experimental animals, an undertaking shall,
prior to the commencement of activities, apply for the approval of its establishment as a
supplying establishment.
(2)
Supplying establishments shall be approved by the Veterinary and Food Board.
(3)
Requirements for supplying establishments and the procedure for approval thereof shall
be established by the Government of the Republic.
§ 41. User establishments
(1)
Animal experiments may be conducted in establishments which have been granted
corresponding approval by the Veterinary and Food Board (hereinafter user establishments).
(2)
Requirements for user establishments and the procedure for approval thereof shall be
established by the Government of the Republic.
(3)
If this is justified from a scientific point of view, animal experiments may be
conducted in livestock buildings and constructions, areas which are enclosed for the keeping
of animals or in zoos which are not approved as user establishments.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
§ 42. Keeping of experimental animals
Experimental animals shall be provided with appropriate housing, microclimate,
feedingstuffs, water, care and at least some freedom of movement to ensure the health and
well-being of the animals.
§ 43. Procedure for conduct of animal experiments
(1)
An animal experiment may be conducted by a person who holds a permit for the
conduct of the given animal experiment in compliance with the conditions set out in the
permit.
(11)
Upon choosing a method for an animal experiment, such method shall be preferred the
application of which uses animals the least and causes them least pain, suffering, stress or
permanent damage and gives a satisfying result.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(2)
An animal experiment shall be conducted under general or local anaesthesia or
analgesia or other appropriate methods shall be used to reduce pain, suffering and injuries.
(3)
The provisions of subsection (2) of this section do not apply if:
1)
anaesthesia or analgesia will be more traumatic to the animal than the experiment itself,
or
2)
anaesthesia or analgesia is incompatible with the object of the experiment.
(4)
An animal shall not be used more than once in experiments entailing pain, stress or
suffering. At the end of any experiment, a licensed veterinarian shall decide whether the
animal shall be kept alive or animal euthanasia shall be carried out. The animal shall be kept
alive only if this does not cause it pain or suffering.
§ 44. Documents of animal experiments
(1)
A report shall be prepared concerning all animal experiments.
(2)
The report concerning an animal experiment shall contain all material information
concerning the experiment, such as the time of conduct of the experiment, the person
conducting the experiment, persons engaged, number of animals used, course of the
experiment and time of conclusion thereof. The standard format for a report concerning an
animal experiment shall be established by the Government of the Republic.
(3)
A person conducting animal experiments shall maintain continuous records of
experimental animals on paper or on computer.
(4)
The records shall set out the number of experimental animals, experiments conducted
with the animals, the persons conducting the experiments and fate of the animals after the
conclusion of the experiments.
(5)
A person conducting an animal experiment shall preserve the reports and records related
to the experiment for a period of three years after the conclusion of the experiment.
§ 45. Permit for conduct of animal experiment and authority granting permits for conduct of
animal experiments
(1)
In order to conduct an animal experiment, a person shall hold a permit for the conduct
of the animal experiment. A permit for the conduct of an animal experiment (hereinafter
permit) shall set out the conditions for the conduct of an animal experiment, such as the name
and address of the person to conduct the animal experiment, species and number of
experimental animals, time and place of conduct of the animal experiment and procedures
applied in the animal experiment.
(2)
In order to obtain a permit, a person shall hold at least a Master's level degree or have
qualifications equal thereto in veterinary medicine, medicine, biology or other appropriate
field.
(15.02.2007 entered into force 01.04.2007 - RT I 2007, 23, 119)
(3)
Permits are granted by a committee formed by the Minister of Agriculture (hereinafter
authority which grants permits).
(4)
The activities of the members of the committee are financed from the budget of the
Ministry of Agriculture.
(5)
The procedure for the formation of the committee which grants permits for the conduct
of animal experiments, its functions and its rules of procedure shall be established by the
Government of the Republic.
(6)
Applications for permits with necessary documents annexed thereto, copies of the
permits and other documents relevant to the animal experiments shall be preserved for a
period of three years after the conclusion of each experiment.
§ 46. Persons conducting animal experiments
(1)
An animal experiment shall be conducted by a person who holds a permit for such
purpose. A person holding a permit for the conduct of an animal experiment has the right to
engage other persons who have undergone relevant training in the conduct of the experiment.
An animal experiment shall be conducted at the liability of the person who holds a permit for
such animal experiment.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(2)
Where necessary, the Government of the Republic may establish requirements for
persons engaged in the conduct of animal experiments.
§ 47. Application for permit
(1)
In order to obtain a permit, a person shall submit a written standard format application
together with the documents in proof of the information presented in the application to the
authority which grants the permits. The documents need not be submitted if they contain
information which is known to the authority.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(2)
An application for a permit shall set out the person conducting the animal experiment,
persons engaged in the experiment, experimental animals and genetically modified animals
which the person intends to use, the time of conduct of the experiment, and justify the need
for the conduct of the experiment, the choice of the animal species to be used and number of
animals, and list and describe the procedures to be carried out on the animals. In addition to
the above, an application for the conduct of an animal experiment involving genetically
modified animals shall set out information concerning the donor, recipient and parental
organism, and also concerning the genetic modification, monitoring, control and waste
handling involved in the experiment; an action plan indicating extraordinary measures to be
applied in the case of an accident shall be annexed to the application.
(3)
The standard formats for applications for conduct of animal experiments shall be
established by the Government of the Republic.
(4)
The authority which grants the permits has the right to require the submission of
additional information from an applicant to justify the need for the conduct of an animal
experiment, and also of other information and documents needed for the making of a decision
concerning the grant of a permit.
(5)
In order to conduct an experiment involving genetically modified animals, the
authority which grants the permits shall forward the application together with copies of the
documents annexed thereto to the gene technology committee specified in § 5 of the
Deliberate Release of Genetically Modified Organisms into the Environment Act (RT I 1999,
10, 151; 2001, 23, 130; 97, 603; 2002, 63, 387). The authority which grants the permits shall
consider the opinion of the gene technology committee upon deciding on the grant of a permit
or refusal to grant a permit.
(6)
The authority which grants the permits shall make a decision concerning the grant of a
permit or refusal to grant a permit within ninety calendar days after the receipt of an
application for a permit.
§ 48. Grant and period of validity of permit
(1)
A permit shall be granted on the conditions set forth in the corresponding application
and shall be valid until the expiry of the term thereof, or until the permit becomes invalid or is
revoked.
(2)
A permit becomes invalid upon the death of the holder of the permit who is a natural
person, or upon the termination of the holder of the permit who is a legal person.
(3)
A permit is revoked by a decision of an authority which grants the permits:
1)
on the basis of an application of the holder of the permit;
2)
if it becomes evident in the course of supervision that false information has been
submitted upon application for the permit, or the conditions specified in the permit, or this
Act, or the requirements provided by legislation established on the basis of this Act have been
violated.
§ 49. Refusal to grant permit
(1)
The authority which grants permits has the right to refuse to grant a permit if:
1)
the applicant or a person engaged in the conduct of an animal experiment does not
comply with the requirements set by this Act;
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
2)
false information has been submitted upon application for the permit;
3)
the conduct of an animal experiment is not justified;
4)
the animal experiment described in the application does not comply with the
requirements set by this Act.
(2)
(Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 50. Amendment of conditions of permit
In order to amend the conditions of a permit, or information set out in the permit, the holder
thereof shall apply for the issue of a new permit.
§ 51. Marking of dogs, cats and Anthropoidea used as experimental animals
(1)
Each dog, cat or Anthropoid used as an experimental animal, except for Hominoid,
shall, before it is weaned, be provided with an individual permanent identification mark in the
least painful manner possible.
(2)
Where an unmarked dog, cat or Anthropoid is transferred from one establishment to
another before it is weaned, a full documentary record specifying its mother must be
maintained until the animal can be marked.
(3)
Where an unmarked dog, cat or Anthropoid is taken into an establishment for the first
time after it has been weaned it shall be marked as soon as possible.
(4)
Undertakings shall maintain records concerning the marking of experimental animals.
(5)
The records maintained concerning the marking of experimental animals shall contain
information on the species, date of birth, parents, and particulars of each animal which would
allow the animal to be identified.
(6)
Undertakings shall preserve information concerning the marking of experimental
animals contained in the records for a period of three years after the transfer of each animal.
Chapter 9
Protection of Genetically Modified Animals upon Conduct of Animal Experiments
§ 52. Genetically modified animals
(1)
For the purposes of this Act, a genetically modified animal means each organism
capable of reproduction or transfer of gene factors whose gene factors have been modified in
a manner which would be impossible under natural conditions, and which are listed in § 3 of
the Deliberate Release of Genetically Modified Organisms into the Environment Act.
(2)
The provisions of this Chapter do not apply to genetically modified animals which are
marketed or deliberately released into the environment in compliance with the Act referred to
in subsection (1) of this section, and also to genetically modified micro-organisms.
§ 53. Application for permit for conduct of animal experiment involving genetically modified
animals
(1)
Upon application for a permit for conducting an animal experiment involving
genetically modified animals, the applicant shall submit a risk analysis of the animal
experiment together with the application.
(2)
The risk analysis of an animal experiment shall contain an assessment of the hazards
which might arise upon the conduct of an animal experiment involving genetically modified
animals, the consequences thereof and an action plan for the reduction of the risks.
(3)
The requirements for preparation of risk analyses of animal experiments and mandatory
information to be presented in the risk analysis shall be established by a regulation of the
Government of the Republic, or of a minister authorised by the Government of the Republic.
§ 54. Notification of conduct of animal experiments involving genetically modified animals
(1)
A person conducting an animal experiment is required to immediately inform the
authority which granted the permit of the following circumstances which become evident in
the conduct of the animal experiment involving genetically modified animals:
1)
accidents;
2)
information concerning the hazards of the premises to be used for the experiment or the
genetically modified animals involved in the experiment which have become evident during
the processing of the application;
3)
information concerning the hazards of the premises to be used for the experiment or the
animals involved in the experiment which have become evident after the grant of the permit;
4)
intention to use genetically modified animals in a manner different than applied for.
(2)
If any of the circumstances listed in subsection (1) of this section become evident, the
person who conducts the animal experiment shall immediately submit a new application for a
permit and bring the conditions of the experiment into compliance with new requirements.
(3)
If any of the circumstances listed in clauses (1) 2) or 3) of this section become evident,
the processing of the application for a permit shall be suspended until the submission of a new
application and the conduct of the animal experiment shall be suspended until the grant of a
new permit.
§ 55. Informing the public
(1)
The authority which grants permits shall publish a notice concerning the grant of each
permit for conduct of animal experiments involving genetically modified animals in the
official publication Ametlikud Teadaanded3.
(2)
Where necessary, the authority which grants permits may grant the permit for the
conduct of an animal experiment involving genetically modified animals by way of open
proceedings pursuant to § 10 of the Deliberate Release of Genetically Modified Organisms
into the Environment Act, while adhering to the requirement of maintaining the
confidentiality of information.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 56. Precaution
Before the conduct of an animal experiment involving genetically modified organisms and the
use of the premises prescribed for such purposes, the person conducting the animal
experiment shall:
1)
prepare a plan of extraordinary measures for the protection of humans and the
environment in the case of an accident and submit the plan to the local rescue service;
2)
inform, in an appropriate manner, potentially endangered persons of safety measures to
be applied and correct action to be taken in the case of an accident. The person conducting the
animal experiment shall update this information at appropriate intervals and make the
information available to the public.
§ 57. Accidents
(1)
An accident is a large-scale and unintentional escape of genetically modified animals in
the course of an animal experiment which may present a danger to human health or the
environment.
(2)
In the case of an accident, the person conducting the animal experiment shall
immediately inform the authority which granted the permit thereof and submit the following
information:
1)
details of the accident;
2)
identification and number of genetically modified animals involved in the accident;
3)
any other information which would help to determine the effect of the accident to
human health or the environment;
4)
applied measures.
(3)
Upon receipt of the information specified in subsection (2) of this section, the authority
which granted the permit is required to:
1)
guarantee the application of all necessary measures;
2)
as far as possible, gather information needed for the full analysis of the accident and
where necessary, make recommendations for the prevention of similar accidents and the
reduction of their effects in the future.
(4)
The person conducting the animal experiment shall remove the genetically modified
animals from the environment and remedy the environmental damage caused by the release of
such animals into the environment.
(5)
The supervisory agency shall remove the genetically modified animals from the
environment and remedy the environmental damage caused by the release of such animals
into the environment if the person conducting the animal experiment fails to do so. The
person who remedies the environmental damage has the right to require the compensation of
reasonable costs incurred upon the remedy from the person conducting the animal experiment.
(6)
The authority which grants the permits shall organise an assessment of the effectiveness
of remedying the environmental damage at the cost of the person who caused the damage.
(7)
The authority which grants the permits shall record all accidents. Information
concerning an accident shall be preserved together with the materials related to the
corresponding application for conduct of an animal experiment pursuant to subsection 45 (6)
of this Act.
§ 58. Restriction of experiments involving genetically modified animals
(1)
The authority which grants the permits has the right to temporarily restrict or suspend
the conduct of animal experiments involving genetically modified animals if concrete
evidence exists that such experiments endanger human health or the environment.
(2)
If after the grant of a permit, the authority which grants the permits becomes aware that
the conditions established in the permit are violated or are not complied with according to the
requirements, the authority which grants the permits has the right to demand that the person
conducting the animal experiment amend the experiment conditions, or suspend or terminate
the experiment.
§ 59. Confidentiality of information
An applicant for a permit for the conduct of an animal experiment with genetically modified
animals has the right to make a reasoned proposal in the application for the handling of the
information presented in the application as confidential pursuant to § 23 of the Deliberate
Release of Genetically Modified Organisms into the Environment Act.
Chapter 10
State Supervision
§ 60. Supervisory agencies
State supervision over compliance with this Act and the requirements established on the basis
thereof shall be exercised by the Veterinary and Food Board, the Environmental Inspectorate
and a police authority.
(26.11.2009 entered into force 01.01.2010 - RT I 2009, 62, 405)
§ 61. Exercise of state supervision
(1)
The supervisory officials of the supervisory agencies provided for in § 60 shall, within
the limits of their competence, exercise state supervision over the activities of persons who
are required to comply with animal protection requirements.
(2)
Upon performance of their duties, supervisory officials shall co-operate with other
agencies of executive power.
§ 62. Precept of supervisory official
(1)
Upon detection of an offence, a supervisory official shall issue a precept in which he or
she shall:
1)
call attention to the offence;
2)
require termination of the offence;
3)
require the performance of operations necessary for the termination of the offence and
the prevention of future offences.
(2)
In a precept, a supervisory official shall designate a term for compliance therewith.
The supervisory official shall send the precept to the person or the representative thereof by
post with advice of delivery or shall serve it on them against signature.
(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
(3)
In the event of failure to comply with a precept specified in subsection (1) of this
section, the supervisory agency may impose substitutive enforcement or a penalty payment
pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment
Act. The upper limit for a penalty payment is 10 000 kroons.
(06.11.2002 entered into force 01.01.2003 - RT I 2002, 96, 566; 26.10.2005 entered into force
01.12.2005 - RT I 2005, 61, 477)
(4)
In the event of imposition of substitutive enforcement, the supervisory agency or a
third party who is carrying out substitutive enforcement at the request of the authority has the
right to access the territory and premises of the addressee of the substitutive enforcement, to
use the property of the addressee in performing the acts necessary for the imposition of
substitutive enforcement and, if necessary, to use the assistance of the police to exercise his or
her rights.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 63. (Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)
§ 64. Removal of animal
(1)
Upon repeated failure to comply with a precept issued by a supervisory official or
repeated failure to comply therewith according to the requirements, or upon a material
violation of the requirements of this Act, a supervisory official has the right to remove the
animal from the owner if leaving an animal with the owner threatens the health or life of the
animal.
(2)
The supervisory official shall give an animal which has been removed from its owner
to the local government who shall impose substitutive enforcement for the keeping of the
animal pursuant to the procedure provided for in the Substitutive Enforcement and Penalty
Payment Act.
(3)
The owner of an animal from whom the animal has been removed pursuant to
subsection (1) of this section shall either transfer the animal or organise slaughter or killing of
the animal by the date, in the manner and under the conditions prescribed by the precept
issued by the supervisory official.
(4)
In the case of failure to transfer, slaughter or kill the animal by the due date, the
supervisory agency shall organise the transfer, slaughter or killing of the animal pursuant to
the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
(5)
The income received from the transfer, slaughter or killing of an animal in the case
specified in subsection (4) of this section shall be used for covering the costs of substitutive
enforcement incurred by the local government and the remaining income belongs to the owner
of the animal from whom the animal has been removed.
(6)
If, under the conditions and pursuant to the procedure established on the basis of
subsection 401 (2) of the State Budget Act, a local government is granted a loan for
organisation of the keeping the animal which has been removed from its owner, and the
volume of liabilities which may be assumed in a budgetary year as established on the basis of
subsection 8 (1) of the Rural Municipality and City Budgets Act is exceeded thereby, the
possibility to reduce payments made to the local government from the budget equalisation
fund as provided for in subsection 9 (4) of the State Budget Act does not apply.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 641. Special conditions of removal of animal in connection with bankruptcy proceedings
initiated with regard to owner of animal who is legal person
If a supervisory official has removed an animal from an owner of animal who is legal person
on the basis of subsection 64 (1) of this Act and if bankruptcy proceedings are initiated with
regard to the owner of animal on the basis of subsection 15 (1) of the Bankruptcy Act before
the transfer, slaughter or killing of the animal, the reasons for removal of the animal are
deemed to have ceased to exist, and the supervisory official shall return the animal to the
owner of the animal.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 65. Deprivation of right to keep animals
(1)
Deprivation of the right to keep animals is a supplementary punishment imposed by a
court for commission of a prohibited act with respect to an animal, which entails a prohibition
to keep animals or certain animal species within a specified period of time.
(15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119)
(2)
(Repealed - 26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(3)
(Repealed - 26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(4)
The court shall send a copy of the judgment on deprivation of the right to keep a farm
animal subject to registration to the register of farm animals within five working days after the
date on which the court judgment enters into force.
(15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119)
§ 66. (Repealed - 15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119)
Chapter 11
Liability
§ 661. Violation of requirements for keeping of animals
(1)
Violation of the requirements for the keeping of animals is punishable by a fine of up
to 200 fine units.
(2)
kroons.
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 662. Commission of prohibited act with respect to animals
(1)
Commission of a prohibited act with respect to an animal is punishable by a fine of up
to 200 fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
(3)
For an offence provided for in this section, a court may impose deprivation of the right
to keep animals for up to three years as a supplementary punishment.
(15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119)
§ 663. (Repealed - 21.04.2004 entered into force 01.05.2004 - RT I 2004, 38, 257)
§ 664. Violation of requirements for animal competitions, display of animals to public and
transactions with animals
(1)
Violation of the requirements for animal competitions, the display of animals to the
public and transactions with animals is punishable by a fine of up to 200 fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50000
kroons.
(20.11.2008 entered into force 01.01.2009 - RT I 2008, 51, 284)
§ 665. Violation of requirements for transport of animals
(1)
Violation of the requirements for the transport of animals is punishable by a fine of up
to 200 fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 666. Violation of requirements for slaughter or killing of animals
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(1)
Violation of the requirements for the slaughter, emergency slaughter or killing of
animals is punishable by a fine of up to 200 fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 667. Violation of requirements for medical treatment of animals or for other veterinary
procedures
(1)
Violation of the requirements for the medical treatment of animals or for other
veterinary procedures is punishable by a fine of up to 200 fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 668. Conduct of animal experiments without permit or violation of requirements for conduct
of animal experiments
(1)
The conduct of an animal experiment without a permit or violation of the requirements
for the conduct of animal experiments is punishable by a fine of up to 200 fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
(19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 669. (Repealed - 26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 6610. Acts of persons deprived of right to keep animals
(1)
The keeping of any animal or animals belonging to certain animal species by a person
who has been deprived of the right to keep such animals is punishable by a fine of up to 200
fine units.
(2)
The same act, if committed by a legal person, is punishable by a fine of up to 50 000
kroons.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
§ 6611. Procedure
(1)
The provisions of the General Part of the Penal Code and the Code of Misdemeanour
Procedure apply to misdemeanours provided for in §§ 661-6610 of this Act.
(2)
Extra-judicial proceedings concerning the misdemeanours provided for in §§ 661–668
of this Act shall be conducted by:
1)
the Environmental Inspectorate;
2)
the Veterinary and Food Board;
3)
a police authority.
(26.11.2009 entered into force 01.01.2010 - RT I 2009, 62, 405)
(3)
A court shall hear misdemeanours provided for in § 662 of this Act if deprivation of
the right to keep animals is to be decided in the hearing of the misdemeanour matter.
(15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119)
§ 67. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 68. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 69. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 70. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 71. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 72. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 73. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 74. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 75. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
§ 76. (Repealed - 19.06.2002 entered into force 01.09.2002 - RT I 2002, 63, 387)
Chapter 12
Implementing Provisions
§ 77. Repeal of Animal Protection Act
The Animal Protection Act (RT 1992, 50, 617; RT I 1996, 49, 953; 1998, 13, 163; 2000, 40,
252; 49, 301) is repealed.
§ 78. Amendment of State Fees Act
The State Fees Act (RT I 1997, 80, 1344; 2001, 55, 331; 56, 332; 64, 367; 65, 377; 85, 512;
88, 531; 91, 543; 93, 565; 2002, 1, 1; 9, 45; 13, 78; 79; 81; 18, 97; 23, 131; 24, 135; 27, 151;
153; 30, 178; 35, 214; 44, 281; 47, 297; 51, 316; 57, 358; 58, 361; 61, 375; 62, 377; 82, 477;
90, 519) is amended as follows:
1)
clause 3 (2) 12) is amended and worded as follows:
“12) acts performed on the basis of the Food Act, the Veterinary Activities Organisation Act,
the Infectious Animal Disease Control Act and the Animal Protection Act;”;
2)
the title of Division 5 of Chapter 7 is amended and worded as follows:
“Division 5
Acts Performed on Basis of Food Act, Veterinary Activities Organisation Act, Infectious
Animal Disease Control Act and Animal Protection Act”;
3)
section 886 is added to the Act worded as follows:
Ҥ 886. Approval of breeding establishments, supplying establishments and user
establishments of experimental animals
A state fee of 1000 kroons shall be paid upon approval of a breeding establishment, supplying
establishment or user establishment of experimental animals.”
§ 79. Partial repeal of Protection and Use of Fauna Act
In the Protection and Use of Fauna Act (RT I 1998, 107, 1763; 1999, 54, 583; 95, 843; 2001,
3, 4; 97, 602; 2002, 13, 78; 41, 252; 61, 375; 63, 387) the following are repealed:
1)
subsection 7 (3);
2)
subsection 12 (2).
§ 80. Amendment of Infectious Animal Disease Control Act
The Infectious Animal Disease Control Act (RT I 1999, 57, 598; 2002, 13, 80; 78; 61, 375;
63, 387) is amended as follows:
(1)
Section 7:
1)
in subsection (1), the words “and be approved or registered by a supervisory agency”
are added after the words “comply with veterinary requirements”;
2)
subsection (2) is amended and worded as follows:
“(2)
Veterinary requirements for livestock buildings and constructions and for areas which
are enclosed for the keeping of animals, veterinary requirements for the keeping of animals
and the list of livestock buildings and constructions and of areas which are enclosed for the
keeping of animals subject to approval or registration and the procedure for such approval and
registration shall be established by the Government of the Republic or a minister authorised
by the Government of the Republic. The requirements for activities related to animals and the
reproduction of animals, such as the production and incubation of hatching eggs, the
collection and transplantation of embryos and other similar activities, shall also be deemed to
be veterinary requirements for the keeping of animals.”
(2)
Subsections 11 (1) and (2) are amended and worded as follows:
“(1) Owners of animals are required to guarantee the identifiability of their domestic animals
pursuant to § 10 of this Act. Owners of farm animals are required to maintain records
concerning their farm animals, and register the animals in the state register pursuant to the
procedure provided for in this Act and legislation established on the basis thereof. Local
governments shall organise maintenance of records concerning dogs and where necessary,
also of other household pets.
(2)
The list of species of farm animals which are subject to identification, the method and
procedure for the identification and registration of such animals, the procedure for the issue of
registration certificates and the rules for the preparation of farm animal descriptions and the
procedure for maintenance of records concerning farm animals shall be established by the
Government of the Republic or a minister authorised by the Government of the Republic.”
(3)
“(3)
Subsection 12 (3) is amended and worded as follows:
Local governments shall organise the capture, keeping and killing of domestic animals
without an owner pursuant to the Animal Protection Act. The capture of a loose domestic
animal shall be organised by the keeper of the animals. If the capture of a loose domestic
animals was organised by the local government, expenses related to the capture and keeping
of the domestic animal shall be covered by the owner of the animal.“
(4)
In subsection 13 (2), the words “the suspicion or” shall be inserted after the words “due
to”.
(5)
In section 15:
1)
subsection (1) is amended and worded as follows:
“(1) A person trading in animals is an undertaking which engages in the sale of animals
bought from keepers or owners of animals for slaughter or for transfer to other persons trading
in animals or to owners of animals. The enterprise of a person trading in animals must be duly
approved.”;
2)
subsection (3) is amended and worded as follows:
“(3) The requirements for persons trading in animals and the procedure for approval of the
enterprises of such persons shall be established by the Government of the Republic or a
minister authorised by the Government of the Republic.”
(6)
Subsection 18 (2) is repealed.
(7)
In section 19:
1)
subsection (1) is amended by adding the words “and waste created by the consumption
of food” after the words “animal waste”;
2)
subsection (3) is amended and worded as follows:
“(3) The use of waste created by the consumption of food as animal feedingstuffs is
permitted on the basis of a permit issued by the Veterinary and Food Board. Requirements for
the handling and laboratory testing of waste created by the consumption of food and the
conditions and procedure for the issue of permits for the use of such waste shall be established
by the Government of the Republic or a minister authorised by the Government of the
Republic.”;
3)
subsections (5) and (6) are amended and worded as follows:
“(5) Persons who handle animal waste shall hold a waste permit or waste management
licence issued on the basis of the Waste Act (RT I 1998, 57, 861; 88, correction notice; 1999,
10, 155; 23, 353; 95, 843).
(6)
Upon the outbreak of an infectious animal disease, persons who handle animal waste are
required to participate in the liquidation of the consequences of the infectious animal disease
to the extent covered by their sector of handling pursuant to the precept of the Veterinary and
Food Board.”
(8)
Section 32 is repealed.
(9)
A second sentence is added to subsection 37 (2) worded as follows:
“Diagnostic slaughter means the killing of an animal in order to verify the suspicion of an
infectious animal disease using the permitted means of stunning and killing and the permitted
stunning and killing methods.”
(10) The words “or veterinarian” in subsection 58 (3) are omitted.
(11) In § 65, the words “subsection 15 (1) and subsection 18 (1) which enter into force on 1
January of 2002” are substituted by the words “subsection 15 (1) which enters into force on 1
January 2002 and subsection 7 (2) and 18 (1) which enter into force on 1 January of 2003.”
§ 81. Amendment of Veterinary Activities Organisation Act
The Veterinary Activities Organisation Act (RT I 1999, 58, 608; 2002, 13, 79; 78; 18, 97; 61,
375; 63, 387) is amended as follows:
(1)
Clause 4 2) is amended and worded as follows:
“2)
organise diagnosis, prophylaxis and control of infectious animal diseases, and supervise
compliance with animal health and animal protection requirements;”.
(2)
clause 4) is added to subsection 23 (2) worded as follows:
“4)
keep records of the performed treatment and other proceedings, and events of death, and
preserve the specified information for three years;”.
§ 811. Transitional provisions
(1)
Keepers of animals who are operating on 1 July 2002 shall comply with the
requirements for keeping of animals established on the basis of 3 (4) of this Act as of 1
January 2003 unless the requirements prescribe a later date for compliance with specific
requirements.
(2)
A zoo which is operating on the date of entry into force of this Act shall hold an activity
licence for a zoo by not later than 1 January 2003.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
(3)
The prohibition provided for in subsection 27 (5) of this Act applies to dogs born after 1
January 2006.
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
(4)
Matters relating to deprivation of the right to keep animals regarding which court
proceedings commenced before 2 January 2008 shall be adjudicated on the bases and pursuant
to the procedure currently in force.
(15.02.2007 entered into force 02.01.2008 - RT I 2007, 23, 119)
§ 82. Entry into force of Act
(1)
This Act enters into force on 1 July 2001, except subsections 22 (1)-(3) and (7) which
enter into force on 1 January 2002, Chapters 8 and 9 which enter into force on 1 July 2002
and subsection 11 (1) which enters into force on 1 January 2003.
(2)
The requirements for keeping of animals established on the basis of subsection 3 (4) of
this Act enter into force on 1 July 2002.
(14.11.2001 entered into force 01.01.2002 - RT I 2001, 93, 566)
1
Council Directive 86/609/EEC on the approximation of laws, regulations and
administrative provisions of the Member States regarding the protection of animals used for
experimental and other scientific purposes (OJ L 358, 18.12.1986, p. 1–28), amended by
Directive 2003/65/EC (OJ L 230, 16.9.2003, p. 32–33); Council Directive 91/628/EEC on the
protection of animals during transport (OJ L 340, 11.12.1991, p. 17–27), amended by
Directive 95/29/EC (OJ L 148, 30.6.1995, p. 52–63); Council Directive 91/629/EEC laying
down minimum standards for the protection of calves (OJ L 340, 11.12.1991, p. 28–32),
amended by Directive 97/2/EC (OJ L 25, 28.1.1997, p. 24–25); Council Directive
91/630/EEC laying down minimum standards for the protection of pigs (OJ L 340,
11.12.1991, p. 33–38), amended by Directives 2001/88/EC (OJ L 316, 1.12.2001, p. 1–4) and
2001/93/EC (OJ L 316, 1.12.2001, p. 36–38); Council Directive 93/119/EC on the protection
of animals at the time of slaughter or killing (OJ L 340, 31.12.1993, p. 21–34); Council
Directive 98/58/EC concerning the protection of animals kept for farming purposes (OJ L
221, 8.8.1998, p. 23–27); Council Directive 1999/74/EC laying down minimum standards for
the protection of laying hens (OJ L 203, 3.8.1999, p. 53–57)
(26.10.2005 entered into force 01.12.2005 - RT I 2005, 61, 477)
2
RT = Riigi Teataja = State Gazette
3
Ametlikud Teadaanded = Official Notices