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 thisĀ 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 theĀ environment of humans.1.9 Circus: An establishment for publicĀ entertainment typically consisting of performances of acrobats, clowns, and animals.1.10 Veterinary Doctor: holder of a degree inĀ veterinary medicine from a recognized university and fulfilling the requirements ofĀ the Lebanese veterinary practice Law.1.11 Rescue Center: A non-profit establishment keeping domesticated and/or wild animals inĀ 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 thisĀ 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 theĀ environment of humans.
1.9 Circus: An establishment for publicĀ entertainment typically consisting of performances of acrobats, clowns, and animals.
1.10 Veterinary Doctor: holder of a degree inĀ veterinary medicine from a recognized university and fulfilling the requirements ofĀ the Lebanese veterinary practice Law.
1.11 Rescue Center: A non-profit establishment keeping domesticated and/or wild animals inĀ 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 AnimalĀ 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 followingĀ requirements:
3.1 Providing enclosures of such material, size, design and maintenance as to be appropriateĀ to the number and species of animalsĀ according to the requirements of this Law and any other legislative texts.
3.2 Enable the animals to express as much asĀ possible their natural behaviors, and interactĀ with compatible animals of their own species or other species, without prejudice to publicĀ safety and comfort.
3.3 Ensuring appropriate systems for heating, lighting, ventilation and humidification.
3.4 Undertaking the appropriate measures toĀ preserve the general hygiene of the premises and the environmental requirements.
3.5 Ensuring the proper equipment for theĀ provision of food and water and a sufficientĀ stock of clean food and water.
3.6 Installing where needed escape proof fencesĀ and/or barriers around the establishment toĀ ensure public safety, the safety of the animals and prevent their escape.
3.7 Providing a quarantine area for animals thatĀ are sick or injured in order to ensure theirĀ welfare and prevent transmission of disease until recovery.
3.8 Ensuring the physical and visual separationĀ between incompatible animals.
3.9 Preparing a plan to protect the animals during disasters.
3.10 Whatever is decided by the relevantĀ authorities in accordance with the purpose of this Law and after seeking the opinion of theĀ Ministry of Agriculture.

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

Article 5: Requirements for Animal Transportation:
In accordance with Articles 3 and 4 of this Law,Ā transportation of animals by land, sea or air isĀ subject to the following requirements:
5.1 Complying with the IATA Live Animal Regulations for air animal shipments, the OIEĀ Live Animal Regulations for land and seaĀ animal shipments, the provisions of CITES for shipments of CITES listed species, and anyĀ additional requirements of the importing andĀ exporting country.
5.2 Using the most appropriate methods of transportation, loading and unloading for theĀ welfare and safety of animals. The details ofĀ implementation of this Article shall beĀ specified by an Order of the Ministry of Agriculture.
5.3 Providing the veterinary procedures inĀ 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, theĀ existing legal rules shall apply without prejudice to the provisions of this Law andĀ animal welfare.
5.5 Whatever is decided by the relevantĀ authorities, in accordance with the purposes ofĀ this Law and after seeking the opinion of theĀ Ministry of Agriculture.

Article 6: Killing of Animals for DiseaseĀ Control Purposes:
In case of an infectious disease that may spreadĀ from animal to animal or to any other livingĀ creature, the Ministers of Public Health andĀ Agriculture may issue a joint order to euthanizeĀ the animals where such measure is proportional toĀ the damage and necessary to prevent a dangerousĀ and contagious disease or pandemic in accordanceĀ with the OIE guidelines.
Owners are committed to declare the presence ofĀ animals and assist in the implementation of theĀ aforesaid measures.

Article 7: Ownership and Guardianship ofĀ Wild Animals:
With the exception of licensed zoos and rescueĀ centers, it is prohibited to own or guard wildĀ animals enlisted in Appendix I of CITES, whetherĀ wild caught or captive born, as well as other endangered or dangerous animals specified by anĀ 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 breedingĀ animals is subject to a prior license or notification from the relevant authorities in accordance withĀ the existing laws, after seeking the opinion of theĀ Ministry of Agriculture and after ensuring the compliance with the requirements of this Law.
The Minister of Agriculture shall issue an orderĀ specifying the animals that can be sold or bred inĀ these establishments, in accordance with the requirements of this Law.
If at any time, the holder of license fails to complyĀ with the requirements of this Law, the relevantĀ authority may issue a decision to suspend orĀ revoke the license and refer the case to the relevant court.
If at any time, the holder of notification fails toĀ comply with the requirements of this Law, theĀ relevant authority may issue a decision to prohibitĀ the holder of notification from carrying out theĀ tasks mentioned in the notification for a maximum period of one year and refer the case to theĀ relevant court.

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

Article 11: Specific Provisions on BreedingĀ Establishments:
Besides the general requirements, the breedingĀ establishments shall meet specific requirements toĀ be determined by an order from the Ministry ofĀ Agriculture which shall take into considerationĀ 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 shallĀ comply with the requirements of this Law.
Any person wishing to guard a dog, or any otherĀ animal from among the list issued by the MinisterĀ of Agriculture in accordance with provision 9.7 ofĀ Article 9 above, shall register the transfer ofĀ guardianship at the Ministry of Agriculture. The registration may take place through theĀ establishment that transferred guardianship of the animal or by registered mail.
Upon registration, the guardian shall pay a fee ofĀ 50.000 Lebanese Liras. Any subsequent change of guardianship shall be registered according to theĀ same rules and for the same fee.
Persons with disabilities as well as rescue centersĀ established in accordance with the provisions ofĀ Article 23 of this Law are exempted fromĀ registration fees.
The guardian is responsible to ensure that a microchip is implanted into the body of theĀ animal and that the animal is not allowed to stray.

Article 12: Stray Animals:
Without prejudice to the provisions of this Law, inĀ particular Article 4, the Ministry of AgricultureĀ shall set forth guidelines for stray population management, including the acceptable methods ofĀ reproductive control, capture, rabies observation,Ā the reasonable period of time to allow for reunion with the owner and minimum standards forĀ housing and disease control measures.
Municipalities shall set forth a management planĀ for stray animals in accordance with the directives of the Ministry and enforce it, whether directly orĀ through contracts with any of the bodiesĀ 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 toĀ establish and operate establishments for raisingĀ farm animals and slaughtering houses, suchĀ establishments are subject to the provisions of thisĀ Law, in accordance with its type.
A joint order of the Ministers of Agriculture andĀ Interior and Municipalities shall determine theĀ establishments which can by nature be subject toĀ the provisions of this Law.

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

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

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

CHAPTER V: USE OF ANIMALS IN SCIENTIFIC EXPERIMENTATION

Article 17: Requirement of Prior Notification:
Any scientific experimentation requiring the useĀ of animals is subject to prior notification to the Ministry of Agriculture.
The use of animals in experimentation is restrictedĀ to licensed medical establishments, researchĀ centers, universities and any other body licensedĀ by a Decision of the Council of Ministers to useĀ animals in scientific experimentation.
The Minister of Agriculture shall issue an OrderĀ specifying the number and types of animals usedĀ in experimentation, the formalities andĀ requirements of notification.
If at any time, the establishment fails to complyĀ with the requirements of this Law, the Minister ofĀ Agriculture may issue a decision prohibiting theĀ establishment from using animals in scientificĀ experimentations for a period of 2 months andĀ referring the establishment to the relevant judicialĀ authorities.

Article 18: Qualifications of the ProceduresĀ Center:
The qualifications of the Procedures center shallĀ be determined by a joint order of the Ministries ofĀ Agriculture, Health and Higher Education, inĀ accordance with OIE regulations and provided that the necessary medicines for treatment, painĀ 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 carriageĀ driving or participation of animals inĀ competitions, etc…) is subject to prior approvalĀ after ensuring the compliance with theĀ requirements of this Law. The details ofĀ implementation of this Article shall be issued by aĀ joint Order of the Minister of Agriculture afterĀ seeking the opinion of the relevantĀ administrations.
The concerned person shall comply at all timesĀ with the requirements of this Law under threat ofĀ revocation of approval.
Without prejudice to Article 7 of this Law, theĀ Minister of Agriculture may prohibit theĀ participation of certain animal species in certain types of entertainment and competitions if theĀ 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 approvalĀ of the Ministry of Agriculture after ensuring theĀ compliance with the requirements of this Law.
In addition to the general requirements set out inĀ this Law, the granting of prior approval requires fulfillment of the following requirements:
1. That the project aims to preserve animalĀ species and habitat, ensure a suitableĀ environment for animals kept at the zooĀ and provide information about theĀ displayed species.
2. That the maximum number of animals (byĀ specie) that can be kept in the zoo is specified.
3. That the current number and species ofĀ animals is specified.
4. That a veterinary doctor is appointed.
5. That a detailed study is provided with anĀ explanation of how to raise and respond toĀ the needs of every animal species as wellĀ as the qualifications of the enclosures and theĀ environment which shall allow theĀ animals to express as much as possible their natural behaviors.
6. That sufficient human resources areĀ ensured in order to respond to the animals’ needs, provided that the owner or one of the working staff holds a university degreeĀ in animal sciences or a minimumĀ experience of three years in a recognizedĀ establishment working on animal welfare.

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

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

CHAPTER VIII: RESCUE CENTERS

Article 23: Right to Establish Rescue Centers:
Public bodies, non-governmental organizationsĀ (NGOs) and non-profit private moral bodiesĀ working in the field of animal protection andĀ welfare, upon prior license from the Ministry ofĀ Agriculture, may establish rescue centers inĀ accordance with the provisions of article 3 of thisĀ Law. The license shall determine the animals thatĀ can be kept in the rescue center.
In case a species not included in the license isĀ admitted to the rescue center, the Ministry ofĀ Agriculture must be notified within 24 hours.
Rescue centers are prohibited to sell animals.
Rescue centers shall inform the Ministry ofĀ Agriculture of any transfer of guardianship withinĀ one month of its occurrence. In this case, theĀ guardian shall comply with the provisions of thisĀ 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,Ā 7 and 11, the Minister of Agriculture shall haveĀ the right to seize animals thereof, place them, atĀ the expense of the owner, into the custody of anyĀ of the bodies mentioned in Article 23 above andĀ refer the owner of animals to the relevant court inĀ accordance with the veterinary quarantine Law.
The competent court may decide to release seizedĀ animals temporarily until an irreversible decisionĀ is issued, with or without a bail, at the request ofĀ the owner of the seized animals, after seeking theĀ opinion of the Ministry of AgricultureĀ (Directorate of Animal Resources).
If 5 days elapsed from the date of seizure fromĀ date of notification of the owner, and nobodyĀ reclaimed the seized animals, the competent courtĀ may send animals back to their country of originĀ or transfer guardianship to a rescue center. If notĀ possible, the court may decide to euthanize them.
If the seized animals are not listed in any of theĀ appendices of CITES, the court may sell them atĀ public auction or use the options above. TheĀ proceeds of the auction sale must first cover theĀ custody expenses, then the selling expenses and atĀ last the amount of the fine compensationsĀ determined by the Judge, upon the decision of theĀ Ministry of Agriculture. The remaining amount ofĀ the selling proceeds must be deposited in theĀ Treasury Fund to guarantee the rights of theĀ concerned parties.

Article 25: Closure of the establishment:
In case of partial or complete closure of theĀ establishment, revocation of license or priorĀ approval in accordance with the provisions of thisĀ Law, the owner of the establishment shall, uponĀ approval of the Ministry of Agriculture, and at hisĀ own expense, send animals back to its originalĀ country or transfer guardianship to a rescue centerĀ or another establishment of the same type. If theĀ owner fails to implement the provisions set outĀ above within a week from closure or revocation ofĀ license or prior approval, the Ministry shallĀ substitute him in performing his obligations at hisĀ expense.
If not possible, the court may decide to euthanizeĀ them. In case the seized animals are not listed inĀ any of the appendices of CITES, the court mayĀ also sell them at public auction in accordance withĀ the procedure of Article 24 above.
In cases of suspension of license or prior approvalĀ or prohibition of carrying out activities for aĀ limited period of time, it is forbidden to receiveĀ visitors and the Ministry shall appoint a veterinaryĀ doctor and any of the bodies mentioned in ArticleĀ 23 above to substitute the owner at his ownĀ expense and for the whole period of suspension ofĀ license or prior approval or prohibition of carryingĀ out activities.

CHAPTER X: SANCTIONS

Article 26: Sanctions:
Any breach of the provisions of this Law isĀ sentenced by a fine between three and twentyĀ million Lebanese Liras.
ā€˜The incorporation of any establishment contraryĀ to the provisions of this law, breach of license,Ā suspension or revocation of license or approval,Ā breach of prohibition to carry out activities for a limited period of time, and breaches against anĀ animal listed in any of the appendices of CITES,Ā are sentenced by imprisonment between threeĀ months and two years and a fine between twenty and fifty million Lebanese Liras.
The Court may prohibit the perpetrator fromĀ carrying out all activities stipulated by this law forĀ a minimum period of one year. It may alsoĀ announce the temporary or permanent closure of anyĀ establishment owned by the perpetrator.
The Court may issue decisions to confiscate theĀ animals and transfer guardianship to a rescueĀ center, and when necessary, euthanize them at theĀ expense of the perpetrator, or sell them at publicĀ auction if the animals are not listed in any of theĀ appendices of CITES. In this case, the procedure mentioned in Article 24 shall apply.
In case of a recurrent crime, the sanctionsĀ stipulated by this Law are doubled.

CHAPTER XI: FINAL PROVISIONS

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

Article 28: Transitional Provisions:
The related decrees and orders shall be issuedĀ within a maximum period of three years from theĀ 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 areĀ repealed.

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

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