New fines for non-compliance with certain animal welfare rules

A decree of October 24, issued for the application of Article 7 of Law No. 2021-1539 of November 30, 2021, provides for the procedures for declaring and establishing health regulations for associations without shelters and creates fines for non-compliance with new provisions for the protection of pets and equidae.

Thus, is punished with the fine provided for the contraventions of the 3rd class:

  • the fact, for any person transferring a pet for payment or free of charge, of not ensuring that the purchaser has signed the certificate of commitment and knowledge provided for in V of Article L. 214-8 ;
  • the fact, for the owner of an equine, of not ensuring, before a change of holder, that the future holder attests to his knowledge of the specific needs of the species in application of Article L. 211-10 -1, under the conditions provided for in Article D. 214-37-1;
  • the fact of issuing the certificate provided for in Article L. 211-10-1 to a future equine holder without complying with the rules applicable to II of Article D. 214-37-1, or of issuing the certificate provided for in V of Article L. 214-8 to a future purchaser of a pet without complying with the rules provided for in II of Article D. 214-32-4;
  • the fact, for any person transferring a pet for payment or free of charge, of not complying with the requirements relating to the delivery of the accompanying documents provided for in 1° and 2° of I of Article L. 214-8 ;
  • the fact, for any person transferring a pet for payment or free of charge, of not complying with the requirements relating to the publication of the offers of transfer provided for in VI of Article L. 214-8 as well as in Articles L. 214-8-1 and R. 214-32-1;
  • the fact, for any shelter or any association without a shelter having recourse to the placement of pets with the host family, of not including, in the hosting contracts, all or part of the essential information involved in I of article D. 214-32-3.

The following is punished with the fine provided for 4th class contraventions:

  • the fact, for an advertiser or a public communication service, of not complying with the requirements defined in Article L. 214-8-2;
  • for the owner of the animal, not to pay the costs mentioned in the fifth paragraph of article L. 211-24

Finally, the decree proceeds to the correction of cross-references taking into account improved modifications to article 131-16 of the penal code, and to the repeal of provisions that have become devoid of purpose.

The provisions of Article R. 214-28 of the Rural and Maritime Fisheries Code, in its wording resulting from this decree, are applicable from December 1, 2022.
The provisions of 3° of article 2 of the decree come into force on April 21, 2026.

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