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.
Section 1 Enforcement
Art. 32 Enforcement by the federal government and cantons
1 The Federal Council shall issue enforcement regulations. It may authorise the FSVO to issue implementing regulations of a technical nature. 2 Enforcement is the responsibility of the cantons unless the law stipulates otherwise. They may regionalise enforcement. 2bis The Federal Council may require the cantons to inform the federal government of enforcement measures and the outcome of inspections and investigations. 3 The Federal Council shall determine the extent to which animal housing facilities must be inspected and how the conduct of animal experiments must be monitored. The inspection of animal housing units and corresponding data gathering must be coordinated with the inspections that are required under the legislation on agriculture, epizootic diseases and foodstuffs. 4 The Federal Council regulates the continuing education and training of persons who perform tasks connected with the enforcement of this Act. 5 Implementation of the authorisation procedure under Article 7 parag
Para. 1 — Second sentence amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 2bis — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 4 — Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). Para. 5 — 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.
Art. 32a International cooperation
The Federal Council may conclude international treaties relating to training, the performance of inspections and the exchange of information relating to animal welfare.
Art. 32a — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055).
Art. 32b Opposition
1 Decisions made by the FSVO may be contested by filing opposition. 2 The suspensive effect of opposition may be revoked. 3 Opposition must be filed within 10 days of notification of the decision.
Art. 32b — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055).
Art. 33 Cantonal technical office
Each canton must set up a technical office for which the cantonal veterinary officer is responsible and which is suitable for ensuring that this Act and the regulations issued on the basis hereof are enforced.
Art. 34 Cantonal Committee on Animal Experiments
1 Each canton shall appoint a committee of experts for animal experiments which is independent of the authorisation authority and in which the animal welfare organisations are appropriately represented. Two or more cantons may appoint a joint committee. 2 The committee reviews applications and makes a submission to the authorisation authority. It shall be consulted on the inspection of laboratory animal facilities and the conduct of experiments. The cantons may entrust further duties to the committee.
Art. 35 Federal Committee on Animal Experiments
1 The Federal Council shall appoint a committee of experts for animal experiments. It shall advise the FSVO and make itself available to the cantons for questions of a fundamental nature and controversial cases. 2 The Federal Committee on Animal Experiments shall cooperate with the Federal Ethics Committee on Non-Human Biotechnology.
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)
Art. 35a Examination boards
1 The Federal Council may appoint examination boards to carry out examinations of persons who perform tasks connected with the enforcement of this Act. 2 The examination boards publish the results of examinations in the form of a decision. 3 The Federal Council may delegate the performance of examinations to the cantons.
Art. 35a — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055).
Art. 36 Animal experiment statistics
The FSVO shall publish annual statistics on all animal experiments conducted in Switzerland. It shall inform the public about issues concerning animal experiments and genetic modifications in animals.
Amended by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055).
Art. 37 Agreement on objectives
The Federal Council may conclude agreements with the cantons on objectives for the enforcement of parts of this Act.
Art. 38 Co-determination of organisations and companies
1 The federal government and cantons may consult organisations and companies on enforcement of the Act or may establish organisations suitable for this purpose. 2 They supervise the co-determination of these organisations and companies. The duties and authority assigned to them must be defined in a mission statement by the competent authority. They must provide this authority with details of their business management and accounting. The parliamentary control of federal and cantonal government remains unaffected by this provision. 3 The Federal Council and the cantons may authorise the instructed organisations and companies to charge fees for their services.
Art. 39 Right of access
The authorities instructed to enforce this Act shall have access to premises, facilities, vehicles, objects and animals; in doing so, they act as an agency of the police.
Art. 40 Supervision by the federal government
Enforcement of this Act by the cantons is supervised on behalf of the federal government by the Federal Department of Home Affairs.
Expression in accordance with No I 14 of the O of 15 June 2012 (Reorganisation of Departments), in force since 1 Jan. 2013 (AS 2012 3655). This change has been made throughout the text.
Art. 41 Fees
1 Unless it stipulates otherwise, this Act is enforced free of charge. 2 The cantons are authorised to levy fees for: a. authorisations and official decisions; b. inspections which have resulted in complaints; c. special services that require more than the normal amount of work. 3 The Federal Council shall define the limits for cantonal fees.
Art. 42 Cantonal regulations
1 If this Act requires supplementation by cantonal law for the purposes of implementation, the cantons are obliged to draw up the relevant regulations. 2 The cantons shall notify the Federal Department of Home Affairs of the implementing regulations.
Section 2 Repeal of Existing Law and Transitional
Art. 43 Repeal of existing law
The Animal Welfare Act of 9 March 1978 is repealed.
[AS 1981 562; 1991 2345; 1995 1469 Art. 59 No 1; 2003 4181, 4803 Annex No 3, 2006 2197 Annex No 45]
Art. 44 Transitional provision to Article 16
The surgical castration of piglets without anaesthetic is forbidden as from 1 January 2009. If no practical alternative method is available by this date, the Federal Council may postpone the date on which this ban comes into force by up to two years.
Art. 45 Transitional provision with regard to rights of appeal
Until the commencement of the Administrative Court Act of 17 June 2005, rights of appeal are regulated, in addition to the general provisions on the administration of federal justice, as follows: the Appeals Commission of the Federal Department of Economic Affairs shall assess appeals against decisions of the Federal Food Safety and Veterinary Office.
SR 173.32. This Act entered into force on 1 Jan. 2007.
Art. 45a Coordination provision
Irrespective of whether the Federal Act of 16 March 2012 on the Trade in Protected Animal and Plant Species (FA-CITES) or the amendment of 15 June 2012 to the AniPA comes into force first, Articles 27 paragraph 1, 31 and 32 paragraph 5 AniPA shall be amended as follows on the commencement of the Act that comes into force later or if both come into force at the same time: ...
Art. 45a — Inserted by No I of the FA of 15 June 2012, in force since 1 Jan. 2013 (AS 2012 6279; BBl 2011 7055). BBl 2012 3465 The changes may be consulted under AS 2012 6279.
Section 3 Referendum and Commencement
Art. 46
1 This Act is subject to an optional referendum. 2 It will not be published in the Federal Gazette until the popular initiative «For modern animal welfare (Say yes to animal welfare!)» has been withdrawn or rejected. 3 The Federal Council shall determine the commencement date. Commencement date: 1 September 2008
Para. 2 — The popular initiative was withdrawn (see BBl 2006 355). Para. 3 — FCD of 23 April 2008.