Spain’s Andalucia set on prohibiting by law the mutilations of animals for ‘cosmetic purposes’; animal fighting and ‘cruel’ use of animals in cinema—with sanctions of up to €35,000

THE Junta aims to prohibit by law various acts of animal cruelty in its Animal Welfare Law.

The preliminary draft of the Andalucian Animal Welfare Law, which began its processing in the Governing Council last April, has already passed the public exhibition phase and is now pending on its submission to Parliament as a bill for discussion and approval.

The draft bill, generally prohibits both the ‘abandonment’ of animals and their ‘mistreatment or submission to any practice that may cause them unjustified suffering or damage.’ but also aims to prohibit the following:

  • The mutilations and removals for ‘cosmetic purposes’ of domestic and companion animals, such as ear cropping and tail docking in dogs.
  • Training to maintain aggressive or violent behaviour or for fighting.
  • Use of animals in films, television, Internet or advertising, involving cruelty, mistreatment, death or suffering.
  • Maintenance in inadequate facilities from the point of view of hygienic-sanitary and ethological point of view, without protection against inclement weather, with inadequate dimensions or whose characteristics, distances or other reasons make it impossible to guarantee adequate attention, control and supervision at least daily.
  • The slaughter of companion animals, in addition to livestock guard dogs and rehala, recova or pack dogs, except in the case of ‘risk to public or environmental health’.
  • The possession of dangerous wild animals, including all species of arthropods, fish and amphibians whose bite or poison may pose a risk to the integrity physical or health of people; all venomous reptile species such as crocodiles and alligators or those venomous reptiles that in an adult state reach or exceed two kilos in weight; and all primates, as well as wild mammal species that weigh ten kilos or more in adulthood, except in the case of carnivorous species whose limit will be five kilos.
  • The reproduction, breeding and sale of pets by private persons outside the breeding and sale centres that meet legal requirements, as well as their transfer or donation without previously being identified and registered.
  • Animal donations as a gift or raffle, advertising claim or reward for other acquisitions of a nature other than the onerous transaction of animals.
  • The sale, assignment or donation to minors and legally incapacitated persons without the express authorisation of the person who has custody or guardianship.
  • Supplying animals with substances that may cause alterations in their health or behaviour.
  • Cockfighting, except ‘expressly authorised’ to improve the breed.
  • The transfer of animals in the trunks of vehicles not specifically adapted for them or in trailers without ventilation or with materials that are not insulated or suitable for inclement weather.
  • The use of choke, spiked or electric collars for pets and domestic animals, unless determined by a veterinary professional.
  • The ambulatory exhibition of animals as an attraction in entertainment or entertainment venues.
  • Keeping animals in parked vehicles without ventilation and adequate temperature.

Sanctions up to €35,000

The preliminary draft of the Animal Welfare Law will see economic sanctions handed out for those responsible for infractions of the norm with amounts ranging from €300 to €1,000 for minor infractions; from €1,001 to €6,000 for serious offences; and from €6,001 to €35,000 for very serious offences.

The draft bill specifies in any case that the imposition of these economic sanctions ‘does not exclude civil or criminal liability or possible compensation for damages that may correspond to the offender.’

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