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ANIMALS PROTECTION & WELFARE LAW

  • June 6, 2018
ANIMALS PROTECTION & WELFARE LAW

11 Chapters and 30 Articles lay out the definitions, purpose, requirements for establishments, general conditions for anyone handling animals, specific requirements for different types of establishments, and sanctions and penalties.CHAPTER I: GENERAL PROVISIONSArticle 1: Definition of Terms:The following terms wherever stipulated by this Law shall have the meanings adjacent thereto:1.1 CITES: The Convention on International Trade in Endangered Species of Wild Fauna and Flora.1.2 IATA Live Animal Regulations: The worldwide standards adopted by the International Air Transport Association for transporting live animals by air.1.3 Zoo: An establishment keeping primarily wild animals for the purpose of conservation and education.1.4 Animal: A multicellular organism of the Kingdom Animalia including all mammals, birds, reptiles, amphibians and fish.1.5 Wild Animal: An animal which is not domesticated.1.6 Farm Animal: A domesticated animal raised in farms for human consumption or of use in agriculture.1.7 Stray animal: A domesticated animal which is not under direct control by a person or not prevented from roaming.1.8 Domesticated Animal: An animal of a breed or species that has over a significant number of generations become adapted to the environment of humans.1.9 Circus: An establishment for public entertainment typically consisting of performances of acrobats, clowns, and animals.1.10 Veterinary Doctor: holder of a degree in veterinary medicine from a recognized university and fulfilling the requirements of the Lebanese veterinary practice Law.1.11 Rescue Center: A non-profit establishment keeping domesticated and/or wild animals in accordance with the provisions of this Law.1.12 Establishment: any temporary or permanent facility or utility organized under this Law and owned or run by a private …

11 Chapters and 30 Articles lay out the definitions, purpose, requirements for establishments, general conditions for anyone handling animals, specific requirements for different types of establishments, and sanctions and penalties.

CHAPTER I: GENERAL PROVISIONS

Article 1: Definition of Terms:
The following terms wherever stipulated by this Law shall have the meanings adjacent thereto:

1.1 CITES: The Convention on International Trade in Endangered Species of Wild Fauna and Flora.
1.2 IATA Live Animal Regulations: The worldwide standards adopted by the International Air Transport Association for transporting live animals by air.
1.3 Zoo: An establishment keeping primarily wild animals for the purpose of conservation and education.
1.4 Animal: A multicellular organism of the Kingdom Animalia including all mammals, birds, reptiles, amphibians and fish.
1.5 Wild Animal: An animal which is not domesticated.
1.6 Farm Animal: A domesticated animal raised in farms for human consumption or of use in agriculture.
1.7 Stray animal: A domesticated animal which is not under direct control by a person or not prevented from roaming.
1.8 Domesticated Animal: An animal of a breed or species that has over a significant number of generations become adapted to the environment of humans.
1.9 Circus: An establishment for public entertainment typically consisting of performances of acrobats, clowns, and animals.
1.10 Veterinary Doctor: holder of a degree in veterinary medicine from a recognized university and fulfilling the requirements of the Lebanese veterinary practice Law.
1.11 Rescue Center: A non-profit establishment keeping domesticated and/or wild animals in accordance with the provisions of this Law.
1.12 Establishment: any temporary or permanent facility or utility organized under this Law and owned or run by a private or public person in accordance with the provisions of this Law.
1.13 OIE: The World Organization for Animal Health is the intergovernmental organization responsible for improving animal health.

Article 2: Purposes of the Law:
The purpose of this law is to ensure the protection and welfare of live animals and regulate establishments which handle or use such animals, in compliance with the related international conventions and regulations, especially CITES and OIE.

Article 3: Requirements for Establishments Subject to this Law:
All establishments subject to this Law shall comply at all times with the following requirements:
3.1 Providing enclosures of such material, size, design and maintenance as to be appropriate to the number and species of animals according to the requirements of this Law and any other legislative texts.
3.2 Enable the animals to express as much as possible their natural behaviors, and interact with compatible animals of their own species or other species, without prejudice to public safety and comfort.
3.3 Ensuring appropriate systems for heating, lighting, ventilation and humidification.
3.4 Undertaking the appropriate measures to preserve the general hygiene of the premises and the environmental requirements.
3.5 Ensuring the proper equipment for the provision of food and water and a sufficient stock of clean food and water.
3.6 Installing where needed escape proof fences and/or barriers around the establishment to ensure public safety, the safety of the animals and prevent their escape.
3.7 Providing a quarantine area for animals that are sick or injured in order to ensure their welfare and prevent transmission of disease until recovery.
3.8 Ensuring the physical and visual separation between incompatible animals.
3.9 Preparing a plan to protect the animals during disasters.
3.10 Whatever is decided by the relevant authorities in accordance with the purpose of this Law and after seeking the opinion of the Ministry of Agriculture.

Article 4: General Requirements for the Handling of Animals:
Every natural or moral person handling animals shall comply with the following requirements:
4.1 Unless otherwise specified under this Law, it is prohibited to perform any act that may inflict distress, pain or suffering to animals or subject them to danger or torture.
4.2 The basic needs and vaccinations of animals according to their specie and age shall be ensured.
4.3 Animal fights or fights between animals and humans are prohibited.
4.4 Animals shall not be used for circuses, entertainment, shows, advertising or artistic purposes where this entails suffering, pain or distress.
4.5 Animals shall not be given as prizes.
4.6 Animals may be euthanized under the supervision of a veterinary doctor by using any of the acceptable methods of euthanasia as specified by an Order of the Ministry of Agriculture in accordance with the OIE regulations.
4.7 The owner of the establishment undertakes to immediately notify the Ministry of any emergency related to death of three or more animals, or the existence of symptoms of a notifiable disease or a pandemic specified by an Order of the Ministry of Agriculture.
4.8 Reporting escape of any animal used under Chapter V and Article 7 to the Ministry of Agriculture and relevant security agencies within 6 hours of its occurrence.
4.9 Whatever is decided by the relevant authorities, in accordance with the purposes of this Law and after seeking the opinion of the Ministry of Agriculture.

Article 5: Requirements for Animal Transportation:
In accordance with Articles 3 and 4 of this Law, transportation of animals by land, sea or air is subject to the following requirements:
5.1 Complying with the IATA Live Animal Regulations for air animal shipments, the OIE Live Animal Regulations for land and sea animal shipments, the provisions of CITES for shipments of CITES listed species, and any additional requirements of the importing and exporting country.
5.2 Using the most appropriate methods of transportation, loading and unloading for the welfare and safety of animals. The details of implementation of this Article shall be specified by an Order of the Ministry of Agriculture.
5.3 Providing the veterinary procedures in accordance with the OIE regulations at the time of import, export and transit.
5.4 Transporting without delay the animals which comply with the requirements of export and import from/to the establishments or transport facilities designed for accommodation or transportation.
In case of non compliance with the requirements of export and import, the existing legal rules shall apply without prejudice to the provisions of this Law and animal welfare.
5.5 Whatever is decided by the relevant authorities, in accordance with the purposes of this Law and after seeking the opinion of the Ministry of Agriculture.

Article 6: Killing of Animals for Disease Control Purposes:
In case of an infectious disease that may spread from animal to animal or to any other living creature, the Ministers of Public Health and Agriculture may issue a joint order to euthanize the animals where such measure is proportional to the damage and necessary to prevent a dangerous and contagious disease or pandemic in accordance with the OIE guidelines.
Owners are committed to declare the presence of animals and assist in the implementation of the aforesaid measures.

Article 7: Ownership and Guardianship of Wild Animals:
With the exception of licensed zoos and rescue centers, it is prohibited to own or guard wild animals enlisted in Appendix I of CITES, whether wild caught or captive born, as well as other endangered or dangerous animals specified by an Order of the Minister of Agriculture.

CHAPTER II: SALE OF ANIMALS AND BREEDING ESTABLISHMENTS

Article 8: Requirement to Obtain a License or Submit a Notification:
Every establishment for selling or breeding animals is subject to a prior license or notification from the relevant authorities in accordance with the existing laws, after seeking the opinion of the Ministry of Agriculture and after ensuring the compliance with the requirements of this Law.
The Minister of Agriculture shall issue an order specifying the animals that can be sold or bred in these establishments, in accordance with the requirements of this Law.
If at any time, the holder of license fails to comply with the requirements of this Law, the relevant authority may issue a decision to suspend or revoke the license and refer the case to the relevant court.
If at any time, the holder of notification fails to comply with the requirements of this Law, the relevant authority may issue a decision to prohibit the holder of notification from carrying out the tasks mentioned in the notification for a maximum period of one year and refer the case to the relevant court.

Article 9: Specific Requirements for the Establishments Selling Animals:
Besides the requirements of Chapter I of this Law, the establishment’s owner undertakes to fulfill the following requirements:
9.1 Ensure the regular health supervision by a veterinary doctor.
9.2 Maintain records of the origin of displayed animals and transfer of guardianship.
9.3 Without prejudice to Article 7 of this Law, if the animals offered for sale were imported and listed in any of the Appendices of CITES, the establishment must retain the legal documents of export and import according to the existing laws. A copy of the documents shall be provided to the new guardian.
9.4 Train the working staff of the establishment on the care and welfare of animals.
9.5 Maintain a general medical record of animals and deliver a health certificate from the veterinary doctor to the new guardian.
9.6 Not to exceed the allowed number of animals according to the qualifications and space of the establishment.
9.7 Ensure that microchips are implanted by a veterinary doctor in dogs and other animals offered for sale in the establishment. The Minister of Agriculture shall issue an order specifying these animals and the type of microchips.
9.8 Refrain from selling animals to a minor under 16 years of age without the expressed consent of his or her custodian.
9.9 Refrain from selling stray animals.

Article 11: Specific Provisions on Breeding Establishments:
Besides the general requirements, the breeding establishments shall meet specific requirements to be determined by an order from the Ministry of Agriculture which shall take into consideration the species, age, safety and health of the animal.

CHAPTER III: GUARDIANSHIP OF ANIMALS

Article 11: Obligations of Guardian:
Any person willing to guard an animal shall comply with the requirements of this Law.
Any person wishing to guard a dog, or any other animal from among the list issued by the Minister of Agriculture in accordance with provision 9.7 of Article 9 above, shall register the transfer of guardianship at the Ministry of Agriculture. The registration may take place through the establishment that transferred guardianship of the animal or by registered mail.
Upon registration, the guardian shall pay a fee of 50.000 Lebanese Liras. Any subsequent change of guardianship shall be registered according to the same rules and for the same fee.
Persons with disabilities as well as rescue centers established in accordance with the provisions of Article 23 of this Law are exempted from registration fees.
The guardian is responsible to ensure that a microchip is implanted into the body of the animal and that the animal is not allowed to stray.

Article 12: Stray Animals:
Without prejudice to the provisions of this Law, in particular Article 4, the Ministry of Agriculture shall set forth guidelines for stray population management, including the acceptable methods of reproductive control, capture, rabies observation, the reasonable period of time to allow for reunion with the owner and minimum standards for housing and disease control measures.
Municipalities shall set forth a management plan for stray animals in accordance with the directives of the Ministry and enforce it, whether directly or through contracts with any of the bodies mentioned in Article 23 below.

CHAPTER IV: RAISING ANIMALS IN FARMS AND THEIR USE FOR WORKING PURPOSES

Article 13: Requirement to Obtain a License:
Without prejudice to the licenses required to establish and operate establishments for raising farm animals and slaughtering houses, such establishments are subject to the provisions of this Law, in accordance with its type.
A joint order of the Ministers of Agriculture and Interior and Municipalities shall determine the establishments which can by nature be subject to the provisions of this Law.

Article 14: Submission of Periodical Medical Reports:
Every owner of the establishment for raising farm animals shall submit to the Ministry of Agriculture within the first month of every year a report issued by the appointed veterinary doctor on the health conditions of the animals and the general situation of the Farm.

Article 15: Slaughtering of Animals:
Slaughtering shall only take place in licensed slaughterhouses and establishments designed for the purpose of slaughtering farm animals.
The technical and health conditions applicable to the slaughtering houses and establishments designed for the purpose of slaughtering farm animals shall be determined by a Decree at the Council of Ministers upon the suggestion of the Minister of Agriculture and in accordance with the provisions of this Law and the guidelines of the OIE.

Article 16: Working Animals:
Animals must not be worked when in poor health, when too young or too old, or if the work environment or the equipment used threatens their safety or growth, or exceeds their natural capacities or inflicts distress, pain or suffering. The Minister of Agriculture shall issue an order specifying the animals that can be used for working purposes.

CHAPTER V: USE OF ANIMALS IN SCIENTIFIC EXPERIMENTATION

Article 17: Requirement of Prior Notification:
Any scientific experimentation requiring the use of animals is subject to prior notification to the Ministry of Agriculture.
The use of animals in experimentation is restricted to licensed medical establishments, research centers, universities and any other body licensed by a Decision of the Council of Ministers to use animals in scientific experimentation.
The Minister of Agriculture shall issue an Order specifying the number and types of animals used in experimentation, the formalities and requirements of notification.
If at any time, the establishment fails to comply with the requirements of this Law, the Minister of Agriculture may issue a decision prohibiting the establishment from using animals in scientific experimentations for a period of 2 months and referring the establishment to the relevant judicial authorities.

Article 18: Qualifications of the Procedures Center:
The qualifications of the Procedures center shall be determined by a joint order of the Ministries of Agriculture, Health and Higher Education, in accordance with OIE regulations and provided that the necessary medicines for treatment, pain relief and euthanasia are available at all times.

CHAPTER VI: USE OF ANIMALS IN ENTERTAINMENT

Article 19: Requirement to obtain a prior
approval:
The use of animals in entertainment (such as the use of animals in circuses, for riding or carriage driving or participation of animals in competitions, etc…) is subject to prior approval after ensuring the compliance with the requirements of this Law. The details of implementation of this Article shall be issued by a joint Order of the Minister of Agriculture after seeking the opinion of the relevant administrations.
The concerned person shall comply at all times with the requirements of this Law under threat of revocation of approval.
Without prejudice to Article 7 of this Law, the Minister of Agriculture may prohibit the participation of certain animal species in certain types of entertainment and competitions if the welfare of the species cannot be ensured.

CHAPTER VII: REGULATION OF ZOOS

Article 20: Operating a Zoo:
The operating of a zoo is subject to the approval of the Ministry of Agriculture after ensuring the compliance with the requirements of this Law.
In addition to the general requirements set out in this Law, the granting of prior approval requires fulfillment of the following requirements:
1. That the project aims to preserve animal species and habitat, ensure a suitable environment for animals kept at the zoo and provide information about the displayed species.
2. That the maximum number of animals (by specie) that can be kept in the zoo is specified.
3. That the current number and species of animals is specified.
4. That a veterinary doctor is appointed.
5. That a detailed study is provided with an explanation of how to raise and respond to the needs of every animal species as well as the qualifications of the enclosures and the environment which shall allow the animals to express as much as possible their natural behaviors.
6. That sufficient human resources are ensured in order to respond to the animals’ needs, provided that the owner or one of the working staff holds a university degree in animal sciences or a minimum experience of three years in a recognized establishment working on animal welfare.

Article 21: Animals kept in Zoos:
The Ministry of Agriculture shall issue a list specifying the animals which cannot be kept in zoos.
The admission of each new animal species to the zoo is subject to prior approval. The zoo owner is prohibited to sell, donate, lend or deposit with a third party an animal without a prior approval from the Ministry of Agriculture.

Article 22: Obligations of the Zoo’s Owner:
The zoo’s owner is considered the guardian of animals and bound to meet the following requirements:
1. Comply at all times with the requirements of this Law under threat of suspension or revocation of prior approval.
2. Report to the Ministry the admission of an individual animal of a species already approved, with the specification of the origin within one month after arrival to the zoo. The legal certifications of origin shall be retained. Cases of birth and death and causes of death shall also be reported to the Ministry within the same period above cited.
3. Take the necessary measures to prevent visitors from harming the animals.
4. Ensure continuous security for the zoo’s animals.

CHAPTER VIII: RESCUE CENTERS

Article 23: Right to Establish Rescue Centers:
Public bodies, non-governmental organizations (NGOs) and non-profit private moral bodies working in the field of animal protection and welfare, upon prior license from the Ministry of Agriculture, may establish rescue centers in accordance with the provisions of article 3 of this Law. The license shall determine the animals that can be kept in the rescue center.
In case a species not included in the license is admitted to the rescue center, the Ministry of Agriculture must be notified within 24 hours.
Rescue centers are prohibited to sell animals.
Rescue centers shall inform the Ministry of Agriculture of any transfer of guardianship within one month of its occurrence. In this case, the guardian shall comply with the provisions of this Law, in particular, Article 11 above.

CHAPTER IX: INFRINGEMENTS NOTICES, SEIZURE AND CLOSURE OF ESTABLISHMENT

Article 24: Infringements Notices and Seizure:
In case of any breach, in particular articles 4, 5, 6, 7 and 11, the Minister of Agriculture shall have the right to seize animals thereof, place them, at the expense of the owner, into the custody of any of the bodies mentioned in Article 23 above and refer the owner of animals to the relevant court in accordance with the veterinary quarantine Law.
The competent court may decide to release seized animals temporarily until an irreversible decision is issued, with or without a bail, at the request of the owner of the seized animals, after seeking the opinion of the Ministry of Agriculture (Directorate of Animal Resources).
If 5 days elapsed from the date of seizure from date of notification of the owner, and nobody reclaimed the seized animals, the competent court may send animals back to their country of origin or transfer guardianship to a rescue center. If not possible, the court may decide to euthanize them.
If the seized animals are not listed in any of the appendices of CITES, the court may sell them at public auction or use the options above. The proceeds of the auction sale must first cover the custody expenses, then the selling expenses and at last the amount of the fine compensations determined by the Judge, upon the decision of the Ministry of Agriculture. The remaining amount of the selling proceeds must be deposited in the Treasury Fund to guarantee the rights of the concerned parties.

Article 25: Closure of the establishment:
In case of partial or complete closure of the establishment, revocation of license or prior approval in accordance with the provisions of this Law, the owner of the establishment shall, upon approval of the Ministry of Agriculture, and at his own expense, send animals back to its original country or transfer guardianship to a rescue center or another establishment of the same type. If the owner fails to implement the provisions set out above within a week from closure or revocation of license or prior approval, the Ministry shall substitute him in performing his obligations at his expense.
If not possible, the court may decide to euthanize them. In case the seized animals are not listed in any of the appendices of CITES, the court may also sell them at public auction in accordance with the procedure of Article 24 above.
In cases of suspension of license or prior approval or prohibition of carrying out activities for a limited period of time, it is forbidden to receive visitors and the Ministry shall appoint a veterinary doctor and any of the bodies mentioned in Article 23 above to substitute the owner at his own expense and for the whole period of suspension of license or prior approval or prohibition of carrying out activities.

CHAPTER X: SANCTIONS

Article 26: Sanctions:
Any breach of the provisions of this Law is sentenced by a fine between three and twenty million Lebanese Liras.
‘The incorporation of any establishment contrary to the provisions of this law, breach of license, suspension or revocation of license or approval, breach of prohibition to carry out activities for a limited period of time, and breaches against an animal listed in any of the appendices of CITES, are sentenced by imprisonment between three months and two years and a fine between twenty and fifty million Lebanese Liras.
The Court may prohibit the perpetrator from carrying out all activities stipulated by this law for a minimum period of one year. It may also announce the temporary or permanent closure of any establishment owned by the perpetrator.
The Court may issue decisions to confiscate the animals and transfer guardianship to a rescue center, and when necessary, euthanize them at the expense of the perpetrator, or sell them at public auction if the animals are not listed in any of the appendices of CITES. In this case, the procedure mentioned in Article 24 shall apply.
In case of a recurrent crime, the sanctions stipulated by this Law are doubled.

CHAPTER XI: FINAL PROVISIONS

Article 27: Participation of private sector:
The Ministry may establish joint projects with private moral bodies for the implementation of the provisions of this law. The details of implementation of this Article shall be determined by joint Orders from the Ministries of Agriculture and Finance.

Article 28: Transitional Provisions:
The related decrees and orders shall be issued within a maximum period of three years from the date of publication in the Official Gazette.
Establishments subject to this Law and established prior to its promulgation shall take the necessary measures in order to obtain the permits or approvals or submit the notifications stipulated by Articles 7, 9, 13, 17, 19 and 20, within 18 months from its entry into force under threat of administrative, criminal and civil action.

Article 29: Other Legal Texts:
The provisions in contradiction with this Law are repealed.

Article 31: Publication and Entry into force:
This law shall be published in the Official Gazette and enters into force upon publication.

You can download the full text of the law in English and Arabic in PDF format using the button below (442 KB)

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