Animal Welfare Act (AniWA) (AniWA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 26 Mistreatment of animals
1 A custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who wilfully: a. mistreats, neglects or unnecessarily overworks an animal or abuses its dignity in any other way; b. kills an animal in a manner that causes suffering; c. organises fights between or with animals in which animals are tormented or killed; d. inflicts pain, suffering or harm on, or induces anxiety in an animal during the course of experiments, unless this is unavoidable for the purpose of the experiment; e. releases or abandons an animal that is kept in the house or on the farm with the intention of ridding themselves of it. 2 If the offender has acted through negligence, he or she is liable to a monetary penalty not exceeding 180 daily penalty units.
Para. 1 — Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 2 — Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055).
Art. 27 Offences relating to trade with animals and animal products
1 ... 2 Any person who, when trading in animals and animal products, wilfully disregards conditions, restrictions or bans under Article 14 shall be liable to a fine of up to CHF 20,000. Attempts, complicity and incitement are also offences. If the offender has acted through negligence, he or she is liable to a fine.
Art. 27 — Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 1 — See also Article 45a below.
Art. 28 Other offences
1 Any person who wilfully does any of the following is liable to a fine of up to CHF 20,000 unless Article 26 is applicable: a. disregards the regulations on housing animals; b. violates the regulations on breeding or producing animals; c. violates the regulations on producing, breeding, housing, trading in or using genetically modified animals; d. violates the regulations on the transport of animals; e. violates the regulations on interventions involving animals or animal experiments; f. violates the regulations on the slaughter of animals; g. performs other acts on animals that are forbidden by this Act or the Ordinance; h. trades in animals in contravention of the regulations; i. uses living animals for advertising in contravention of the regulations. 2 Attempts, complicity and incitement are also offences. If the offender has acted through negligence, he or she is liable to a fine. 3 Any person who, wilfully or through negligence, violates an implementation provision, contravention
Para. 1 — Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 1 let. h — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 1 let. i — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 2 — Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 3 — Amended by No I of the FA of 1
Art. 29 Statute of limitations
The statute of limitations is five years for the prosecution of contraventions and four years for the penalties for contraventions.
Art. 30 Legal entities and partnerships
Article 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law applies.
SR 313.0
Art. 31 Prosecution
1 The prosecution and adjudication of offences is a matter for the cantons. 2 The FSVO shall investigate and judge contraventions as defined in Article 27 paragraph 2 that come to light in the context of the import, transit or export of animals and animal products at the authorised border inspection points. If, at the same time, there has been a contravention of the Customs Act of 18 March 2005 or the Value Added Tax Act of 12 June 2009, the Federal Office for Customs and Border Security (FOCBS) shall investigate and judge the contraventions. 3 If, in the import, transit or export of animals and animal products outside of the authorised border inspection points, there is at the same time a contravention of the Customs Act of 18 March 2005 or the Value Added Tax Act of 12 June 2009, the FOCBS shall investigate and judge the contraventions. 4 If any contravention as defined in paragraph 1, 2 or 3 simultaneously constitutes a contravention to be prosecuted by the same federal authority un
Art. 31 — Amended by No I of the FA of 15 June 2012, in force since 1 Oct. 2013 (AS 2012 6279; BBl 2011 7055). See also Article 45a below. Para. 2 — SR 631.0 Para. 2 — SR 641.20 Para. 2 — Amended by No I 11 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743). Para. 3 — Amended by No I 11 of the O of 12 June 2020 on the Amendment of Le