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1933 Law on Animal Protection (Germany)
(Signed
into law, 11/24/1933)
The
government has resolved on the following law, which is hereby made known:
Section
I - Cruelty
to Animals
#1
- It is forbidden
to unnecessarily torment or roughly mishandle an animal.
- One torments an
animal when one repeatedly or continuously causes appreciable pain
or suffering; the torment is unnecessary in so far as it does not
serve any rational, justifiable purpose. One mishandles an animal
when one causes it appreciable pain; mishandling is rough when it
corresponds to an unfeeling state of mind.
Section II
- Measures for the Protection of Animals
#2
It is forbidden:
- to so neglect
an animal in one's ownership, care or accommodation that it thereby
experiences appreciable pain or appreciable damage;
- to use an animal
unnecessarily for what clearly exceeds its powers or causes it appreciable
pain, or which it-in consequence of its condition-is obviously not
capable of;
- to use and animal
for demonstrations, film-making, spectacles, or other public events
to the extent that these events cause the animal appreciable pain
or appreciable damage to health;
- to use a fragile,
ill, overworked or old animal for which further life is a torment
for any other purpose than to cause or procure a rapid, painless death;
- to put out one's
domestic animal for the purpose of getting rid of it;
- to set or test
the power of dogs on cats, foxes, and other animals;
- to shorten the
ears or the tail of a dog over two weeks old. This is allowed if it
is done with anesthesia;
- to shorten the
tail of a horse. This is allowed if it is to remedy a defect or illness
of the tail and is done by a veterinarian and under anesthesia;
- to perform a painful
operation on an animal in an unprofessional manner or without anesthesia,
or if anesthesia in a particular case is impossible according to veterinary
standards;
- to kill an animal
on a farm for fur otherwise than with anesthesia or in a way that
is, in any case, painless;
- to force-feed fowl;
- to tear out or
separate the thighs of living frogs.
#3
The importation of
horses with shortened tails is forbidden. The minister of the Interior
can make exceptions if special circumstances warrant it.
#4
The temporary use
of hoofed animals as carriers in the mines is only permitted with the
permission of the responsible authorities.
Section
III - Experiments on Living Animals
#5
It is forbidden to
operate on or handle living animals in ways that may cause appreciable
pain or damage for the purpose of experiments, to the extent the provisions
of #6 through #8 do not mandate otherwise.
#6
- The minister of
the Interior can at the proposal of the responsible government or
local authorities confer permission on certain scientifically led
institutes or laboratories to undertake scientific experiments on
living animals, when the director of the experiment has sufficient
professional education and reliability, sufficient facilities for
the undertaking of animal experiments are available, and guarantee
for the care and maintenance of the animals for experiment has been
made.
- The minister of
the Interior can delegate the granting of permission to others among
the highest officials of the government.
- Permission may
be withdrawn without compensation at any time.
#7
In carrying out experiments
on animals (#5), the following provisions are to be observed:
- The experiments
may only be carried out under the complete authority of the scientific
director or of a representative that has been specifically appointed
by the scientific director.
- The experiments
may only be carried out by someone who has previously received scientific
education or under the direction of such a person, and when every
pain is avoided in so far as that is compatible with the goal of the
experiment.
- Experiments for
research may only be undertaken when a specific result is expected
that has not been previously confirmed by science or if the experiments
help to answer previously unsolved problems.
- The experiments
are only to be undertaken under anesthesia, provided the judgment
of the scientific director does not categorically exclude this or
if the pain connected with the operation is outweighed by the damage
to the condition of the experimental animals as a result of anesthesia.
Nothing more severe than a difficult operation or painful but unbloody
experiment may be carried out on such an unanesthetized animal.
Animals that suffer appreciable pain after the completion of such
a difficult experiment, especially involving an operation, are, in
so far as this is, in the judgment of the scientific director, compatible
with the goal of the experiment, immediately to be put to death.
- Experiments on
horses, dogs, cats, and apes can only be carried out when the intended
goal may not be achieved through experiments on other animals.
- No more animals
may be used than are necessary to-resolve the associated question.
- Animal experiments
for pedagogical purposes are only permitted when other educational
tools such as pictures, models, taxonomy, and film are not sufficient.
- Records are to
be kept of the sort of animal used, the purpose, the procedure, and
the result of the experiment.
#8
Experiments on animals
for judicial purposes as well as inoculations and taking of blood from
living animals for the purpose of diagnosing illness of people or animals,
or for obtainment of serums or inoculations according to procedures
that have already been tried or are recognized by the state, are not
subject to provisions #5 through #7. These animals, however, are also
to be killed painlessly if they suffer appreciable pain and if
it is compatible with the goals of the experiment.
Section
IV - Provisions for Punishment
#9
- Whoever unnecessarily
torments or roughly mishandles an animal will be punished by up to
two years in prison, with a fine, or with both these penalties.
- Whoever, apart
from the case in (1), undertakes an experiment on living animals (#
S) without the required permission will be punished by imprisonment
of up to six months, with a fine, or with both of these penalties.
- A fine of up to
five hundred thousand marks or imprisonment will, apart from the punishment
mandated in (1) and (2), be the punishment for whomever intentionally
or through negligence.
1. violates prohibition #2 though #4;
2. acts against regulation #7;
3.violates guidelines enacted by the Ministry of the Interior or by
a provincial government according to #14;
4. neglects to prevent children or other persons that are under his/her
supervision or belong to his/her household from violating the provisions
of this law.
#10
- In addition to
the punishments in #9 for an intentional violation of the law, an
animal belonging to the condemned may be confiscated or killed. Instead
of confiscation it may be ordered that the animal be sheltered and
fed for up to nine months at the cost of the guilty party.
- If no specific
person can be identified or condemned, the confiscation or killing
of an animal may be undertaken in any case when the other prerequisites
are present.
#11
- If someone is
repeatedly guilty of intentionally violating the provisions that are
punishable according to #9 the local authorities that are responsible
can prohibit that person from keeping certain animals or from business
involving them either for a specified period or permanently.
- After a year has
passed since the imposition of the punishment the responsible
local authorities may rescind their decision.
- An animal subject
to appreciable negligence in provision, care, or shelter may be taken
away from the owner by the responsible local authority and accommodated
elsewhere until there is a guarantee that the animal will be cared
for in a manner above reproach. The cost of this accommodation shall
be paid by the guilty party.
#12
If in a judicial process
it appears doubtful whether an act violates a prohibition of #1, (1)
or (2), a veterinarian shall be summoned as early in the process as
possible and, in so far as it concerns a farm, an agricultural official
of the government shall be heard.
Section
V - Conclusion
#13
Anesthesia as it is
understood in this law means all procedures that lead to general painlessness
or eliminate localized pain.
#14
The Minister of the
Interior can issue judicial and administrative decrees for the completion
and enforcement of this law. In so far as the Minister of the Interior
does not make use of this power, local governments can make the necessary
decree for implementation.
#15
This law becomes binding
on February 1, 1934 with the exception of #2, (8) and #3, (11), for
which the Minister of the Interior must see the time of implementation
in consultation with the Minister of Food and Agriculture.
The laws #1456 and #360, (13) of the law of May 30, 1908 remain unchanged.
Berlin, November 24,
1933
Signed:
Adolf Hitler
Chancellor
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