New animal welfare laws

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leedarkwood
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New animal welfare laws

Postby leedarkwood » Thu Jan 17, 2008 3:57 pm

http://www.sofiaecho.com/article/bulgar ... 1/catid_66

Bulgaria bans abandoning animals
12:37 Thu 17 Jan 2008 - Spasena Baramova


Bulgarian Parliament passed animal protection laws, making it illegal to abandon, inflict continued or repeated suffering or lasting harm or stress on animals. The laws passed second reading, but voting would continue on January 18, Dnevnik daily said.

Using animals in film shoots and causing pain or harm was considered cruelty and has been banned.

Acts of extreme cruelty, including intentional and purposelessly killing animals, were also banned, as well as inflicting severe and lasting harm on animals, organising animal fights and shooting domesticated or stray animals, Dnevnik daily said.

Selling animals to persons under 18 years-of-age without their parents' consent would not be allowed.

Owners would have to provide space in the breeding premises in accordance with the animals' physiological and behavioural requirements.

Lee

Animals that were bred outdoors would have to be provided with freedom to move, daily walks and protection from bad weather.

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Postby scot47 » Thu Jan 17, 2008 4:40 pm

Another law on the statute books with no hope of it being enforced ! Who is going to make sure that the law is followed ?

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Postby derek1 » Thu Jan 17, 2008 4:46 pm

You hit the nail on the head Scot47. It makes good publicity for the politicians but is totally impractical to enforce.
On a slightly different tack, anybody heard anything about The Anglo Bulgarian Dogs Association lately or has it died a death?

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Postby Missy » Fri Apr 04, 2008 9:48 am


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Postby Missy » Fri Apr 04, 2008 7:12 pm

Here's the full Act, Chapter by Chapter...

Chapter One
GENERAL PROVISIONS

Art. 1. (1) This Law settles the protection of animals and the mechanisms of its implementation.
(2) The protection of animals is defined as preserving their life, health and good condition, protecting them from inhumane, cruel and extremely cruel treatment, ensuring appropriate care and life conditions, consistent with their physiological and behavioural characteristics.

Art. 2. The authorities of the executive and local power together with the non-government organizations shall prepare and apply educational programs for animal protection and introduction to animal breeding, reproducing, training and trading in compliance with the regulations of this Law.

Art. 3. The professional secondary and higher education schools, which prepare veterinary specialists, agronomist/animal breeders, biologists, ecologists and others, shall also carry out training for animal protection pursuant to the decree requirements of Art.19, para 5 of the Law on Veterinary Activity.

Art. 4. The professional organisation of the veterinary physicians in Bulgaria, the animal protection organizations and the animal breeders associations shall popularise the measures for animal protection.
Art. 5. The National Veterinary Service shall assist the execution of the training pursuant to Art. 3.

Art. 6. (1) Manifestations of inhumane treatment to animals shall be prohibited.
(2) As inhumane treatment to animals shall be regarded inflicting pain or suffering to animals or provoking strong fear.

Art. 7. (1) Manifestations of cruelty to animals shall be prohibited.
(2) As cruelty shall be regarded:
1. Every action or inaction which causes continuous or repeated suffering to animals, or permanent health damage or stress;
2. Actions pursuant to Art. 151 of the Law on Veterinary Activity;
3. Violation of the principle of good practice in animal breeding when it leads to harmful consequences for the animals’ health;
4. Enhancing animal aggression through selection or training in aggression towards other animals and people;
5. Use of strong and electrical collars, goads, chemically irritating or harmful substances, or technical instruments, assisting ways and devices or appliances, which seek to influence the animal behaviour by causing strong fear and pain;
6. Organizing practices and competitions performed on limb-damaging surfaces;
7. Use of animals for film pictures, advertising and exhibitions where they are being inflicted pain, suffering, damage or stress;
8. Forcing animals to make efforts that cause them pain, suffering, damage or stress;
9. Exposing animals to temperature and other adverse atmospheric influences, want of oxygen or limiting their free movement that cause them pain, suffering, damage or stress;
10. Abandonment of animals;
11. Use of live animals as animal food, except for the ones whose biology requires it;
12. Depriving animals of repose;
13. Subjecting to physical pressure sick, hurt or stressed animals;
14. Releasing animals that have been bred by people, in case they have not been prepared in advance to survive in natural surroundings;
15. Elastic band-assisted amputation or castration;
16. Full or partial amputation of parts of the body or removal of animal organs;
17. Shoeing ungulates with harmful shoes;
18. Breeding, using and mortifying dogs and cats in order to obtain fur and meat, to produce food, as well as importing and exporting of dog and cat fur and meat;
19. Ear and tail docking for the purpose of changing the animals’ appearance;
20. Removal of nails, teeth and vocal cords;
21. Exhibition in shops, catering establishments and other places of entertainment and restaurants of any of the species of mammals, primates, birds and reptiles, and dangerous show animals;
22. Running propaganda, popularizing or instigating violence toward animals in some way or other, directly or indirectly;
23. Sexual abuse of animals.
(3) Actions under para 2, items 16, 19 and 20 shall be allowed when:
1. Their implementation is necessary based on veterinary prescription or the procedure is imperative to save the animal life, health and good condition;
2. The procedure is intended to serve scientific and research purposes in compliance with the Law on Veterinary Activity;
3. The sterilisation or castration is necessary to limit the reproduction of animals;
4. They have been done in accordance with the Law on Hunting and Game Preservation;
5. The procedure is necessary for:
а) prevention of considerable animal injuring;
b) protection of other animals.

Art. 8. Actions shall not be regarded as cruel toward animals when committed to:
1. Limit and liquidate infectious animal diseases;
2. Professionally fight harmful rodents;
3. Go hunting and fishing, done in accordance with the Law on Hunting and Game Preservation and the Law on Fisheries and Aqua-cultures;
4. Apply training methods that target to obtain and/or develop hunting, protective, tracing or guiding qualities in dogs;
5. Conduct medical experiments and medicine testing;
6. Place “hobbles” to shepherd or stray dogs for the purpose of limiting their ability to chase game.

Art. 9. The Minister of Agriculture and Food Supply, the Interior Minister and the Defence Minister shall determine with a decree the rules for training dogs.

Art. 10. (1) Manifestations of especial cruelty to animals shall be prohibited.
(2) As especial cruelty shall be regarded:
1. Deliberate killing of animals;
2. Deliberate inflicting of heavy and permanent damage to animals;
3. Organising fights with animals;
4. Shooting ownerless, domesticated or captivity animals, and wild animals.
(3) The deed under para 2, item 4 shall not be regarded as especial cruelty when done under the conditions of ultimate necessity or in accordance with the regulations of the Law on Hunting and Game Preservation and the Law on the Biodiversity.
(4) The deed under para 2, item 1 shall not be regarded as especial cruelty When done in accordance with the regulations of Art. 117, para 1, items 10, 11 and 12, Art. 159, para 1 and 3, Art. 160, para 1 and para 2, items 1 and 2, and Art. 179, para 3 of the Law on Veterinary Activity.

Chapter Two
ANIMAL BREEDING AND CARE

Art. 11. (1) It shall not be permitted to sell animals to persons less than 18 years of age without parent/guardian approval.
(2) When the animal owner cannot take care of it, s/he shall hand it over to a shelter, rescue centre, another animal breeding facility or a new owner who shall breed the animal in compliance with its physiological and behavioural characteristics.

Art. 12. Animal owners shall provide the necessary conditions for their breeding pursuant to Art. 149, para 1 and Art. 150 of the Law on Veterinary Activity.

Art. 13. (1) Animals which do not live in groups in their natural surroundings shall be bred alone.
(2) Animals living in groups or in herds in their natural surroundings shall not be bred by themselves (alone).
(3) When breeding animals there shall be provided contact between them depending on their physiological and behavioural characteristics.

Art. 14. (1) Owners of animal breeding facilities shall:
1. Provide a sufficient number of keepers with the necessary qualification and experience to take care of the animals in view of their number, species, age and medical condition;
2. Be responsible for observing the animal protection rules;
3. Organise initial and subsequent personnel training.
(2) The keepers under para 1, item 1 shall not be allowed to Cause stress, pain, suffering and injuries to the animals placed in their care.

Art. 15. The animal owner shall take measures to provide veterinary help when symptoms of sickness, injury, exhaustion or complicated delivery have been established. The sick or injured animals shall be isolated and accommodated in appropriate premises with dry and comfortable bedding.

Art. 16. (1) A person who comes upon a sick or injured animal shall be obligated to notify the animal shelter, the relevant local power authorities, the Regional Veterinary Service, the District Police Station or local offices of the State Forestry Agency.
(2) The authorities under para 1 shall cooperate in order to provide urgent veterinary help and accommodation for the animal in shelter or another facility under para 6, items 1-3.
(3) The facility where the animal has been accommodated under para 1, shall immediately take measures for its treatment.
(4) Trough the mass media or another appropriate way, the manager of the shelter shall give information of the accommodated animals there for the purpose of tracking out the owner or finding a new owner.
(5) when there is a marked animal accommodated in the shelter, the manager shall track out and notify the owner or a person under Art. 47, para 3.
(6) In case the owner of the animal is not found in the course of 14 days from its accommodation in the shelter, it can be handed over to:
1. a zoo;
2. a rescue centre;
3. a farm;
4. animal protection organisation.

Art. 17. (1) The movement of animals cannot be limited in a way that causes pain, suffering or strong fear.
(2) In the premises intended for animal breeding, the owner shall provide place corresponding to their physiological and behavioural characteristics, as well as space for movement and rest.

Art. 18. Animals, bred in the open, shall be provided with free movement, daily walk and protection from adverse atmospheric conditions, predators and harmful physical and chemical influences.

Art. 19. The Minister of Agriculture and Food Supply shall determine with decrees, the conditions for animal breeding, consistent with their physiological and behavioural characteristics.

Art. 20. Owners of animals shall provide constant control over their medical condition for the purpose of avoiding inflicting unnecessary suffering to the animals.


Chapter Three
SPECIFIC CONDITIONS FOR THE BREEDING AND USE OF ANIMALS

Art. 21. It shall not be allowed to import, acquire, sell, own and breed prosimians and monkeys from the Order Primates, as well as wild cats, with the exception of zoos and rescue centres.

Art. 22. (1) The owner of wild animals, bred in home conditions, with the exception of the ones described under Art. 21, shall register them in the regional inspection of environment and waters within 14 days of their obtaining.
(2) It shall be prohibited to acquire and breed protected animal species under Art. 37 and 47 of the Law on the Biodiversity. Bred species shall be divested in favour of the state when lacking special permit from the Ministry of Environment and Waters.
(3) The Minister of Environment and Waters shall determine with decree, the conditions for wild animal breeding outside of their natural surroundings, consistent with their physiological and behavioural characteristics.

Art. 23. (1) The owner of circus, theatre or variety show, where animals are used, shall register the animals in line with Art. 137 of the Law on Veterinary Activity.
(2) When performing the registration under para 1, the head of the relevant regional veterinary service shall issue passports to the animals in line with Art. 7 of the Commission Regulation (EC) No 1739/2005 about the establishment of the veterinary and sanitary requirements for the movement of circus animals across member states.
(3) In case of change in the number and species of the animals in the facility under para 1, the owner shall notify the relevant regional veterinary service

Art. 24. The veterinary and sanitary requirements for the movement of circus animals shall be settled by the Commission Regulation (EC) No 1739/2005 about the establishment of the veterinary and sanitary requirements for the movement of circus animals across member states.

Art. 25. (1) Circus owners shall notify in writing the head of the relevant regional veterinary service, by indicating the place and time of sojourn, the species and number of participating animals, and attach the program.
(2) The notification under para 1, shall be filed at least 7 days prior to the date of arriving on the territory of the relevant regional veterinary service.
(3) In case of adverse exceptional situation, the head of the regional veterinary service shall notify in writing the persons under para 1 about the inadmission of the circus on the relevant territory.

Art. 26. The conditions and minimal requirements for animal breeding and participation in circuses, variety shows and other entertainment establishments, as well as the necessary professional skills of the animal care takers, shall be settled by a joint decree of the Minister of Agriculture and Food Supply and the Minister of Environment and Waters.

Art. 27. (1) It shall be prohibited to use wild mammals, prosimians and monkeys from the Order Primates in circuses, variety shows and other entertainment establishments.
(2) The prohibition under para 1, shall not include species from the Order Cetacea (whales), Family Delphinidae (dolphins) - Bottlenose Dolphin (Tursiops truncatus) and Common Dolphin (Delphinus delphis), which are bred and used in shows in dolphinariums, on condition that the specimen are marked, at least third generation, bred indoors, not bred by themselves and have been issued a permit by the Minister of Environment and Waters pursuant to the Law on the Biodiversity.

Art. 28. (1) The participation of animals in competitions, exhibitions, advertisements and film pictures shall be allowed after the regional veterinary service, on whose territory the happening is organised, have been notified.
(2) In the cases described under para 1, the head of the regional veterinary service shall take actions pursuant to Art. 134 of the Law on Veterinary Activity.
(3) When wild animals are being used for film pictures, the organiser shall ensure the presence of a consultant-ethologist from a list, approved by the Minister of Environment and Waters.

Art. 29. Pet shops owners shall provide:
1. veterinary services to animals;
2. employees with knowledge and experience in breeding the respective animal species;
3. conditions for breeding of the animals until they have been sold, in accordance with the requirements of this law;
4. Information materials related to the breeding of animals and their humane treatment.

Art. 30. (1) Pet shop owner or employee can be a person who has completed a course on protection and humane treatment of animals.
(2) The employees shall give the clients information and tips on the way to breed animals, the necessary cares, compulsory vaccinations and registrations.

Art. 31. (1) In order to observe the prohibitions under Art. 21 in the pet shops shall be bred and sold only:
1. healthy animals which have undergone the necessary veterinary prophylaxis;
2. animals having a document proving their origin and way of obtaining;
3. Dogs and cats with a veterinary passport that have been disinfested and vaccinated; dogs shall be marked with a microchip;
4. wild animals, which have been marked according to specimen species, where the marking shall be placed in way that does no harm to their medical condition.
(2) The owner of a pet shop, where wild animals are for sale, shall send to the regional inspection of environment and waters data with the name and address of the person who has bought the animal.

Art. 32. (1) When transporting animals, the owner or the person transporting them shall be obligated to:
1. use vehicles that guarantee the observance of the requirements for animal protection, the safety of the other traffic participants and of the animals;
2. provide food, water and rest to the animals according to their species.
(2) Delay of vehicles transporting animals shall not be permitted, unless it is necessary for the animal good condition.
(3) In the cases of delay during animal transportation, the competent authorities shall take all necessary measures to reduce to a minimum the animal suffering.


Chapter Four
COMPANION ANIMALS

Art. 33. The owners of companion animals shall breed them by observing the requirements for animal protection of this Law and of the Law on Veterinary Activity

Art. 34. (1) Dogs and cats cannot be bred in housing units in a residential flat building, on an area less than:
1. For dogs:
а) of small breed up to 10 kg - 6 sq m;
b) of medium breed up to 25 kg – minimum 8 sq m;
c) of large breed over 25 kg – minimum 10 sq m;
2. For cats – minimum 6 sq m.
(2) The area shall be calculated as common with the people living in the residential unit.
(3) Dogs bred in the open shall be provided with shelter or kennel to protect them from adverse atmospheric conditions.
(4) Dogs bred mostly tied up shall be provided with 5 metres of wire (rope) for free movement, as well as daily walk.

Art. 35. (1) The owner of companion animal shall take measures to prevent the animal's leaving the place of breeding, its entering someone else’s property or public places.
(2) The owner shall be obligated to avoid any demonstration of ungrounded aggression of the dog exhibited at public places and in situations endangering the life and health of people and animals.
(3) Dog owners shall be obligated to avoid violating the peace and hygienic prerequisites of the members of the residential flat building.
(4) Exceptions under para 1, shall be made for watchdogs of herds, hunting dogs, trace dogs, mountain rescue dogs and guides of the disabled by order determined by the National Veterinary Service.
(5) Dog owners who breed them with the purpose of reproduction shall register pursuant to Art. 137 of the Law on Veterinary Activity and shall pay a fee in the municipality.
(6) The fee under para 5 shall not be paid by stock-breeders, members of cynology clubs, members of the Bulgarian Republican Federation of Cynology or other Bulgarian and international cynology federations, which perform breeding activities of purebred dogs.

Art. 36. (1) Оwners of companion animals shall ensure their sterilization, unless in case of reproduction, they are capable of breeding the newborn animals or give them to new owners.
(2) Owners of castrated dogs shall not pay the fee under Art. 35, para 5 and the fee under Art. 175, para 1 of the Law on Veterinary Activity.

Art. 37. (1) The dog registration shall be implemented in line with Art. 174 of the Law on Veterinary Activity.
(2) In the database shall be entered:
1. Name of the country of origin of the dog;
2. Name, sex, colour and breed;
3. Date and place (address) of birth of the dog;
4. Address, name of the owner;
5. Information about the veterinary doctor, who has inserted the microchip;
6. Date of the chip or tattoo insertion;
7. Past veterinary manipulations;
8. Castration of the dog.
(3) Data under para 2 shall be entered by the veterinary doctor, who has inserted the chip or tattoo.
(4) Within 7 days from a change of address, ownership or death of the dog, the owner shall notify the relevant regional veterinary service.
(5) In case the chip or tattoo has been inserted by a veterinary doctor, who has no access to the database, s/he shall fill in the data on paper and file them with the regional veterinary service on whose territory the doctor has his/her practice.

Art. 38. The National Veterinary Service shall create and support a national electronic database with the registered dogs.

Art. 39. There shall be no fee payment under Art. 175, para 1 of the Law on Veterinary Activity for a dog marked with a chip for the first year of its registration.


Chapter Five
OWNERLESS ANIMALS

Art. 40. (1) Municipal councils shall adopt programs for mastering the population of ownerless dogs and stipulate the means for their implementation.
(2) Municipal mayors shall organise the programs’ implementation under para 1 and file a report of their implementation with the director general of the National Veterinary Service every year.
(3) The Minister of Agriculture and Food Supply shall annually file for approval with the cabinet a report of the programs’ implementation under para 1.
(4) The measures for mastering the population of the ownerless dogs shall be implemented in registered mobile and fixed clinics by the municipalities or animal protection organisations.
(5) Animal protection organisations, registered pursuant to the Law for the Non-Profit Corporate Bodies, shall take part in the preparation and can take part in the implementation of the programs under para 1.

Art. 41. (1) Ownerless animals shall be accommodated by the organs and organizations under Art. 40, para 2 and 4 in shelters registered under Art. 137, para 1 of the Law on Veterinary Activity.
(2) The local power authorities shall build shelters for the ownerless animals.
(3) The mayors of towns and villages shall be held responsible for the activity of the shelters under para 2.
(4) The shelters for the ownerless animals shall be managed by the municipalities and/or the animal protection organizations, registered pursuant to the Law for the Non-Profit Corporate Bodies.
(5) Animal protection organizations can create own shelters for ownerless animals.
(6) Each shelter shall develop and apply a system to inform the citizens about the animals, which are offered for breeding, including in an Internet page and publications in the media.

Art. 42. (1) The capture of ownerless animals shall be allowed in a way and under conditions, which guarantee their health and with minimum suffering, by persons with a specific qualification that have been instructed by a veterinary doctor.
(2) The transportation to the shelter of the captured dogs under para 1 shall be provided with especially equipped and marked vehicles with good ventilation.
(3) The members of the teams capturing ownerless animals shall have successfully completed a course on protection and humane treatment of animals.
(4) The teams capturing ownerless animals shall be guided and controlled by a veterinary doctor.
(5) A collar with an identification number shall be attached to the dog when it is captured.

Art. 43. (1) The mayors and animal protection organisations, which manage shelters shall:
1. seal and terminate a contract with the shelter’s manager, who has to be a university graduate;
2. provide a veterinarian for the animals’ veterinary attendance;
3. provide the necessary number and type of personnel;
4. provide free access to the shelter to citizens;
5. create conditions for public control;
6. provide a way for connection with the shelter.
(2) Persons under para 1, items 1 - 3 shall pass a training course for animal protection.

Art. 44. (1) The manager of the animal shelter shall:
1. Take measures at the receipt of signals concerning abandoned animals;
2. be in charge of the animal accommodation and care in the shelter;
3. enforce a program for finding new owners for the accommodated in the shelter animals;
4. keep a diary where to enter data concerning the accommodated animals.
(2) The diary under para 1, item 4 shall contain:
1. identification number of the collar;
2. date and place of the capture;
3. individual marks on the animal;
4. date and reasons for leaving the shelter;
5. name and address of the owner.
(3) In all occasions of transporting animals, the manager of the shelter or an authorised by him/her person shall draw up a transport document, which shall point out the date and hour of the car's departure, the area of visit and data about the number and the identity of the collected and returned animals.

Art. 45. The veterinary doctor under Art. 43, para 1, item 2 shall:
1. supervise the medical condition of the animals and the observation of the animal protection requirements;
2. implement the program of the National Veterinary Service of taking samples for laboratory analysis of infectious diseases on the animals and send them in a laboratory;
3. record the results from the laboratory analysis and all veterinary manipulations and treatment in an ambulatory diary;
4. supervise the conduct of disinfection, disinsection and pest control;
5. conduct healing and prophylactic activities, castration and marking of the animals;
6. register dogs pursuant to Art. 174 of the Law on Veterinary Activity when acquired by an owner;
7. draw up the conclusive report when an animal dies, which shall designate the time, reason and/or the diagnosis of the death;
8. when appointing euthanasia, draw up individual report, which shall contain the ground for its appointment; the record shall be signed by the veterinarian, the manager of the shelter and a third party.

Art. 46. (1) Dogs in the shelter shall be accommodated in compliance with the animal protection requirements.
(2) On entrance into the shelter, the animal shall undergo examination for ownership identification and clinical check up, and if necessary, laboratory analyses, the results of which shall be entered in the ambulatory diary.
(3) Sick and injured animals shall receive veterinary help.
(4) During their stay, the animals shall be provided with a sufficient amount of food, water, space for movement and rest.

Art. 47. (1) Dogs accommodated in the shelter shall be castrated, disinfested and vaccinated against rabies.
(2) The authorities under para 1 shall be given to persons, who desire to breed them as companions and register under Art. 174 of the Law on Veterinary Activity.
(3) The dogs, for which no persons under para 2 turn up, shall be marked and accommodated in temporary shelters, designated by the respective municipal council, or shall be returned to the places, where they have been taken from. The dogs shall be under the supervision and care of the municipalities, the animal protection organisations or other persons who have signed declaration to follow the requirements of Art. 49 and 50.
(4) The temporary shelters under para 3, shall be located outside the borders of the relevant town or village, shall be fenced off and kept in good hygienic state, according to the requirements determined by the National Veterinary Service and this Law.
(5) The work organisation and the conditions for breeding dogs in temporary shelters under para 4, shall be determined by decree of the relevant municipality council and shall be implemented under the constant monitoring of the animal protection organisations.
(6) The dogs’ marking under para 3 shall comprise a tattooed identification number on the one ear or an electronic chip and a V-shaped docking of the other ear or another visible ear marking.
(7) The manager of the shelter shall inscribe the dogs in a register and issue a veterinary passport.
(8) The manager of the shelter shall send the data from the register under para 7 to the mayor of the respective municipality.

Art. 48. It shall not be allowed the return of the dogs under Art. 47, para 3 in the grounds of child care centres, schools, hospitals and in the vicinity of children playgrounds, highways and airports.

Art. 49. The persons responsible for the animal supervision and care, the animal protection organizations or the municipalities shall disinfest every three months and re-vaccinate against rabies the returned to their original places animals under Art. 47, para 3.

Art. 50. The organizations and persons under Art. 49 shall be obligated to:
1. annually certify a dog’s passport about the completed disinfestment and vaccinations in the respective municipal administration;
2. take measures to prevent the aggressive behaviour of the dogs to people or animals.

Art. 51. Euthanasia of the accommodated in the shelter dogs shall be allowed under the conditions determined by Art. 179, para 3, items 1, 2 and 4 of the Law on Veterinary Activity, after a diagnosis has been drawn following clinical check up and analyses.

Art. 52. The carcasses of the animals in the shelter shall be preserves pursuant to the requirements of Art. 272 of the Law on Veterinary Activity.

Art. 53. (1) When a registered companion dog is accommodated in the shelter, the manager of the shelter shall look for and notify in writing the animal’s owner of the dog’s location.
(2) If within seven days from the receipt of the written notification under para 1, the dog’s owner does not appear to take it or has not been found, the dog shall be submitted to a new owner in line with Art. 47, para 2, or shall be accommodated in a shelter of animal protection organizations.
(3) Companion dogs under para 1 shall be returned to their owner after producing veterinary passport and paying the costs for the stay.

Art. 54. Every municipal administration or shelter shall maintain a register of the dogs under Art. 47, para 3, which contains:
1. date and place of the animal’s capture;
2. date and place of the animal’s return;
3. dates of disinfestment, castration and vaccination against rabies;
4. person or organization responsible for the supervision.

Art. 55. After stopping the reproduction of the ownerless dogs in the town or the village, they shall be gradually accommodated in shelters under programs for finding a new owner or for life-long breeding.

Art. 56. (1) In the cases of increased ownerless cat population the regulations of Art. 40 - 47, Art. 51, 52, and Art. 54.
(2) The capture of ownerless cats with anaesthetics shall not be allowed.



Chapter Six
IMPLEMENTATION AND CONTROL

Section I
Public Control

Art. 57. Public control of the law’s administration shall be exercised by authorised representatives of corporate bodies, registered pursuant to the Law for the Non-Profit Corporate Bodies, whose statute envisages animal protection activity.

Art. 58. When exercising public control, the persons under Art. 57 shall have the right to:
1. receive from the competent authorities full information concerning the animal protection requirement observance;
2. participate in the decision taking preparation of the competent authorities on issues related to animal protection, as well as to cooperate for their implementation;
3. approach the competent authorities with a request for conducting check-ups concerning the animal protection requirement observance, as well as to receive information on the check-up outcome;
4. receive full cooperation by the Interior Ministry authorities and the other authorities of the executive power in order to prevent animal cruelty;
5. participate in the conduct of check-ups under Art. 170 of the Law on Veterinary Activity and in the check-ups and activities of the authorities, exercising state control over the execution of this Law.

Section II
Control

Art. 59. (1) Control under this Law shall be exercised by the Minister of Agriculture and Food Supply through the National Veterinary Service.
(2) The control on the implementation of the measures for the wild animal protection under Chapter Three shall be exercised by the Minister of Environment and Waters and the chairperson of the State Forestry Agency.
(3) The local power authorities shall exercise control over:
1. abandonment of animals on the municipal territory;
2. Identification and registration of dogs;
3. observance of the requirements for animal protection in the shelters on the territory of the relevant municipality;
4. dogs and places under Art. 47, para 3.
(4) The control shall be exercised via:
1. periodic check-ups;
2. check-ups effectuated by received petitions, complaints and signals for violation of the animal protection rules, filed by state authorities, physical and corporate bodies.

Art. 60. (1) The control authorities shall have the right:
1. to find out the identity of the animals’ owner;
2. to access all establishments and the whole documentation, necessary for the conducting the check-up;
3. to enter, after granted access on the part of the owner, real estates and transport vehicles where animals are bred or, it is assumed, that animals are bred and treated.
(2) Animal owners shall be obligated to grant access to the facilities in order to give an animal urgent help when it is threatened by death or heavy health damage.

Art. 61. (1) The authorities of the executive and local power, public organisations, physical and corporate bodies shall be obligated to provide the necessary cooperation to the National Veterinary Service officials at the execution of their control functions.
(2) When evidence for the violation of this Law is established, the authorities and persons under para 1 shall immediately:
1. take measures within the range of their authority for putting an end to the violation;
2. notify the authorities of the National Veterinary Service or the Ministry of Environment and Waters.



Chapter Seven
ADMINISTRATIVE PENALTY PROVISIONS COERCIVE ADMINISTRATIVE MEASURES

Section I
Administrative Penalty Provision

Art. 62. (1) A person who demonstrates especial cruelty towards an animal in the meaning of Art. 10, shall be fined with BGN500 to BGN1,000, except if the act does not constitute a crime.
(2) When the deed under para 1 is committed towards one’s own animal, it shall be divested in favour of the state.
(3) When the violation under para 1 is committed by a veterinary doctor or veterinary technician, by an official body or person performing activity or profession, related to breeding or providing cares for animals, the imposed fine shall amount between BGN1,000 and BGN1,500, while the corporate body or sole trader shall suffer penalty payment amounting to between BGN1,500 and BGN2,000.
(4) When the violation under para 1 or 3 is committed a second time, the fine shall be from BGN1,000 to BGN2,000, while the penalty payment shall be from BGN2,000 to BGN3,000.

Art. 63. (1) A person who violates the regulations of Chapter Three shall be fined with BGN1,000 to BGN2,000, and at a second violation from BGN2,000 to BGN3,000, except if the act does not constitute a crime.
(2) When the violation under para is committed by a veterinary doctor or veterinary technician, by an official body or person performing activity or profession, related to breeding or providing cares for animals, a corporate body or sole trader, the fine, and respectively the penalty payment shall be from BGN2,000 to BGN3,000, and at a second violation from BGN3,000 to BGN5,000.
(3) In the cases described under para 1 and 2 the animal shall be divested in favour of the state.

Art. 64. (1) A person who violates Art. 21, shall be fined or suffer penalty payment from BGN2,000 to BGN3,000.
(2) In the cases described under para 1 the animal is divested in favour of the state, while it is being disposed of following the provisions of Art. 129, para 3 of the Law on the Biodiversity.

Art. 65. A veterinarian who has failed to observe the requirements under Art. 37, para 3 and 5 shall be fined with BGN20 to BGN40, and at a second violation with a fine from BGN40 to BGN60.

Art. 66. A person who allows demonstration of inhumane attitude, cruelty or especial cruelty towards animals by a person under his/her guidance shall be fined with BGN50 to BGN250, and at a second violation with a fine from BGN250 to BGN500.

Art. 67. Animal owner who fails to observe the regulation of Art. 60, para 2, shall be fined with BGN500 to BGN1,000.

Art. 68. (1) For violating this Law the persons shall be fined with BGN100 to BGN250, and at a second violation from BGN250 to BGN500, except if the act does not constitute a crime.
(2) When the violation is committed by a veterinarian or technician, by an official body or person performing activity or profession, related to breeding or providing cares for animals, the imposed fine shall amount between BGN250 and BGN500, while a corporate body or sole trader shall suffer penalty payment amounting to between BGN500 and BGN700, and at a second violation the fine shall be between BGN500 and BGN700, and the penalty payment shall be between BGN700 and BGN1,000.

Art. 69. If, following the lapse of time under § 5, there are found ownerless dogs on the territory of the respective municipality, the mayor shall be fined with BGN1,000 to BGN2,000, and at a second violation the fine shall be doubled.

Art. 70. (1) The violations of this Law shall be laid down in statements, drawn up by veterinary doctors from the National Veterinary Service, the respective officials of the Ministry of Environment and Waters, and of the State Forestry Agency, or the ecology inspectors from the municipality, or by an authorized by the mayor person, in accordance with their competence.
(2) The violations under Art. 69 shall be established by a statement drawn up by the employees of the respective regional veterinary service.
(3) The penalty decrees shall be issued by the directors of the Regional Veterinary Services, the Regional Inspection of Environment and Waters or the mayor of the respective municipality.

Art. 71. The establishment of violations, drawing up of statements, the issue, appeal and execution of the penalty decrees shall be implemented following the procedures of the Law on Administrative Violations and Sanctions.


Section II
Coercive Administrative Measures

Art. 72. (1) When a violation has been established, the control authorities shall:
1. issue compulsory orders for removing the violation in a determined by them period;
2. stop the exploitation of the establishment in a determined by them period, but no longer than 6 months, in case the violation is not removed in the period described under item 1.
3. put a proposal to the director of the Regional Veterinary Service, on whose territory the establishment is situated, concerning the obliteration of the establishment registration and annulment of the certificate issued under Art. 138, para 1, item 2 of the Law on Veterinary Activity;
(2) After removing the violation in time, the control authority shall, at the request of the owner, cancel the order for stopping the exploitation of the establishment under para 1, item 2.
(3) The measure under para 1, item 3 shall be imposed only in the cases when the violations have not been removed in the period under para 1, item 2, as well as in case of proved crude and systematic violations of the requirements.

Art. 73. The veterinary doctors from the National Veterinary Service under Art. 70, para 1 shall have the right to prohibit:
1. loading and transportation of animals when the established requirements have not been met;
2. or discontinue experiments with animals, which have been committed in violation of the acting enactments;
3. butchering animals in butcher houses when it has been established that the stunning is ineffective;
4. and stop the implementation of activities, which are not allowed or have been committed in violation of the enactments;

Art. 74. In case of animal transport and dispatches lacking the necessary documents, or in case of violation of the animal protection requirements, the competent state authorities shall detain the animals or the dispatch along with the transport vehicles, and shall immediately notify the authorities of the National Veterinary Service.

Art. 75. The cases described under Art. 62, para 3, Art. 63, para 2 and Art. 68, para 2 can enact also the temporarily suspending of the activity of the animal breeding establishment, pet shop, veterinary clinic or dispensary.

Art. 76. (1) In case of violation of Art. 40 the control authorities shall issue an order to reduce the number of the animals in a two months' period.
(2) In case the deadline is not met under para 1, a fine of BGN150 shall be imposed for each animal above the allowed number and an additional period of time, not longer than a month, shall be given in order to remove the violation.
(3) In case the deadline is not met under para 2, the perpetrator shall be fined with BGN500 and the animals which are above the allowed number shall be divested in favour of the state.
(4) When an animal is divested in favour of the state, it shall be accommodated in one of the specifically designated for that purpose places or shall be released in compliance with the regulations of the Law on Veterinary Activity and this Law.
(5) Specifically designated places under para 4 shall be:
1. zoos and rescue centres – for wild animals;
2. private and municipal shelters – for companion animals;
3. farms, determined with an order by the director general of National Veterinary Service - for farm animals.

Art. 77. Subject to divestment in favour of the state shall also be the objects with which the violation was committed.

Art. 78. (1) The coercive administrative measures under this section shall be administered via the issue of a good ordinance by the heads of control services under this Law in accordance with their competence.
(2) The ordinance under para 1 can be appealed in line with the Administrative Procedure Code.
Additional Provisions
§ 1. For the purposes of this law:
1. “Birth Control” shall mean the cessation of the ownerless dog population and registration of domestic dogs.
2. “Pain, suffering and permanent damage" shall mean the causation of health (physical, neurotic brain and social) disorders to the animals. This shall include the causation of disease, trauma and physiological and neurotic brain discomfort at the moment of the animal’s using or subsequently (for instance after injecting carcinogens), or with permanent harmful consequences for its health.
3. “Harmful shoe” shall mean shoe whose shape and size are not consistent with the animal’s hoof and is not being replaced in order to observe the regularity of its nailing.
4. “Wild mammals” shall mean all species of class (Mammalia) with the exception of the specimens from the home-bred types of mammals that have grown wild.
5. “Wild cats” shall mean representatives of the Family Felidae (cats) with the exception of domestic cats and their breeds and varieties.
6. "Wild animal" shall mean every live vertebrate, different from the human creature, including the free living with the exception of domestic breeds of dogs, cats, horses, donkeys, cows, sheep, goats, pigs, geese, ducks, hens, turkeys, etc.
7. "Good practice of animal breeding" shall mean the system of general hygienic and technological rules for protecting the health of the animals and guaranteeing their welfare by setting optimal conditions for breeding and feeding, corresponding to their physiological and behavioural needs, and limiting to an acceptable minimum the risk of inflicting unnecessary pain and suffering. The rules shall concern the designing, condition and maintenance of the buildings, premises, machines, apparatuses, basic and supplementary technical facilities, disease prophylaxis, personnel training, keeping documentation, appropriate feeding, providing veterinary help in due time.
8. “Animals used as animal food” shall mean fish, domestic fowl aged no more than four weeks, as well as mice, rats, hamsters, guinea-pigs and rabbits, which are bred or killed for the purpose of being used as animal food;
9. “Companion animals” shall mean animals, which are bred domestically or due to an interest in the animal, as far as it concerns domestic or domesticated animals from the Orders Carnivora, Rodentia, Lagomorpha (rabbits), Psittaciformes (parrots), Passeriformes (finches), Columbiformes (doves and pigeons) and animals from the Class Pisces;
10. “Castration” shall mean removal of the ovary and the uterus of female animals and of the testicles of the male.
11. "Mobile clinic" shall mean a specialised motor vehicle for off-site veterinary activities, which is furnished and supplied with the necessary for veterinary manipulations apparatuses and consumables.
12. „Population Control” shall be theoretically substantiated regulation of the ownerless animal population, which allows for establishing control over their number and targets clearing the streets from them.
13. "Behavioural characteristics" shall be the characteristics related to manifestation of the distinctive for any animal species behaviour towards its kind, the environment and other animal species.
14. "Animal shelter" shall mean municipal or private establishment which disposes of suitable conditions to provide the ownerless animals with veterinary services, cares, shelter and finding a new owner.
15. „With the purpose of reproduction” shall mean reproduction of the animal at least once a year.
16. “Farm animals” shall be animals, bred with the purpose of producing raw materials and animal-derived food or serving other agricultural or forestry purposes, or bred for work.
17. "Rescue centre" shall be a place, determined by the Minister of Environment and Waters, where cares for the confiscated animals are provided.
18. “Strong collar” shall mean a collar with metal links and protection for the larynx with aslant inwardly-bent rounded metal pins with a diameter of 3.5 mm minimum.
19. "Systematic violation" shall mean the perpetration of two or more violations in the course of a year.
20. “A third party” shall be a representative of a non-governmental animal protection organisation, and in the municipalities where there is no such organisation registered – a person from the shelter who is responsible for the protection and humane treatment of the animals.
Transitional and Final Provisions
§ 2. Animals under Art. 27, acquired and used before this Law enters into force, can be bred and used until 1 January 2015.
§ 3. The national electronic database under Art. 38 shall be created within a year’s time from this Law's entering into force.
§ 4. Within three months from this Law’s entering into force, the municipal councils shall prepare and adopt the programs under Art. 40, para 1 and shall determine the places for temporary shelters under Art. 47, para 4.
§ 5. Within three years from this Law’s entering into force, the municipal councils and municipal mayors shall provide for the accommodation of ownerless dogs in the shelters under Art. 41, para 1

§ 6. The rules for the implementation of this Law shall be issued within 6 months of its effective date.
§ 7. The cabinet following a motion by the Minister of Agriculture and Food Supply and the Finance Minister can stipulate means for the implementation of the programs under Art. 40, para 1.
§ 8. In the Law on Veterinary Activity (Published, SG No. 87/2005; amended, SG No. 30, 31, 55 and 88 of 2006, SG No. 51 and 84 of 2007 ) in Art. 152 shall be made the following amendments and supplements:
1. The text prevailing hitherto shall become para 1.
2. A new para 2 shall be introduced:
“(2) Experiments with animals shall be carried out for the purpose of:
1. the development and production of safe medicinal products for the humane and veterinary medicine, as well as food and food supplements for people and animals;
2. diagnostics of diseases and testing of new methods for treating diseases;
3. studying, regulating or changing the physiological functions of people, animals and plants;
4. training in professional secondary and higher education schools;
5. environment protection.”
§ 9. Article 35, item 4 and Art. 70 of the Law on Veterinary Activity from 1999 (Published, SG No. 42/1999; amended, SG No. 83/2003, repealed; SG No. 87/2005; amended, SG No. 30/2006) shall be repealed.
§ 10. In the Plant Protection Law (Published, SG No. 91/1997; amended, SG No. 90/1999; SG No. 96/2001; SG No. 18/2004; SG No. 26, 30, 31 and 96/2006) shall be made the following amendments and supplements.
1. In Art. 15d, para 1 shall be introduced a new item 4a:
"4а. The evaluation pursuant to item 2, as well as the evaluation and the summary pursuant to item 4 shall be produced in Bulgarian language".
2. In Art. 15l, para 5:
а) in item 1 after the words “risk evaluation” shall be added “produced in Bulgarian language”;
b) in item 2 after the word “product” shall be added “including produced”, and after the word “language” the preposition “with” shall be obliterated.
3. In Art. 23b:
а) in para 1 item 2 shall be changed to:
"2. within two years – in the presence of more than two penalty decrees issued in the course of a year by the director general of the National Service for Plant Protection;";
b) a new para 3 shall be introduced:
"(3) The appealing of the ordinance under para 1 shall not stop its implementation.”
4. In Art. 24f, para 1 shall be introduced a new item 9:
"9. Registration number of the product in the meaning of Art. 24a, para 2."
5. In Art. 39, para 1:
а) in item 7 before the word “uses” shall be added “offers or”;
b) new items 8 and 9 shall be introduced:
"8. violates the regulations of the decree under Art. 23d;
9. offers fertilisers designated as “EC fertiliser”, in violation of the regulations of the decree under Art. 24c, para 2."
6. In Art. 40, para 1 after the number "9" shall be added "24f".
7. In Art. 44, para 1 everywhere the words “necessary licence” shall be replaced with “necessary permit”.
8. In § 1 of the Additional provisions item 51 shall be repealed.
§ 11. The implementation of this Law shall be assigned to the Minister of Agriculture and Food Supply.
§ 12. This Law enters into force as of January 31, 2008.

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Missy
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Postby Missy » Fri Apr 04, 2008 7:16 pm

I would be very interested in getting this enforced where I live ..... virtually the whole village would be prosecuted ....

Article 34 (4) Dogs bred mostly tied up shall be provided with 5 metres of wire (rope) for free movement, as well as daily walk.

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mickw
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Postby mickw » Fri Apr 04, 2008 7:34 pm

Looks very nice on paper but,not a hope in hell of enforcement.

Mick

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bobafett
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Postby bobafett » Fri Apr 04, 2008 7:51 pm

if this ever gets off the ground , i will eat my hat(and coat and shoes). bob.

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Postby Missy » Fri Apr 04, 2008 8:03 pm

Surely, there is SOMEONE, SOMEWHERE, that can help get this law taken seriously and enforced?

I mean someone at the top, in Sofia, where it matters? Someone give me a name and I'll gladly go batter on their door!!!!

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Postby bobafett » Fri Apr 04, 2008 8:15 pm

sorry missy, but even though many people will agree with you, (i do) bg people have a lot more to worry about than dogs.(which are pets to us) in bg dogs are mostly not pets but working dogs.bob.


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