UAE LAW N16 for ANIMAL WELFARE

 

Ministerial Decision No. (384) of the year 2008

On the Executive Bylaw of the

Federal Law No. (16) of the year 2007

concerning Animal Welfare

 

Minister of Environment and Water

 

Having examined the Federal Law No. (1) of the year 1972 on the functions of the ministries, powers of the ministers and the laws issued in amendment thereof,

 

 The Decree issued by federal law No. (1) of the year 2006 amending Federal Law No. (1) of the year 1972 on the functions of the ministries, the powers of the ministers and the laws issued in amendment thereof,

 

The Federal Law No. (6) of the year 1979 on Veterinary Quarantine and the laws issued in amendment thereof,

 

The Decree issued by the Federal Law No. (9) of the year 1983 on   regulating hunting of birds and animals,

 

The Federal law No. (3) of the year 1987 on the issuance of  the Penal Law and the laws issued in amendment thereof,

 

The Federal Law No. (35) of the year 1992 on issuing the law of the punitive measures and the laws issued in amendment thereof,

 

The Federal Law No. (7) of the year 1993 on establishing the Federal Environment  Agency and the laws issued in amen. The Federal Law No.(21) of the year 2001 concerning the Civil Service  Commission in the Federal Government and the laws issued in amendment thereof, 

 

The Federal law No.(10) of the year 2002 on practicing the profession of veterinary medicine,

 

The Federal law No. (11) of the year 2002 on regulating and controlling the international trade in the endangered species of Fauna and Flora.

 

The Federal Law No. (16) of the year 2007 on  animal welfare,

 

The Cabinet Decree No. (5) of the year 2006 on authorizing us of some of the ministerial functions, The ministry of health Decision No. (1136) of the year 2003 on the prohibited veterinary material

And in accordance with the necessities of the public interest,

 

Have decided the following:

 

Chapter (1)

 

Article (1)

 

Definitions

 

On implementing the provisions of this by-law, the following words and terms shall have the meanings hereby assigned to them unless the context required otherwise:

 

Law:                                 The Federal Law No. (16) of the year 2007 on Animal Welfare

 

Country:                           United Arab Emirates.

 

Ministry:                          The Ministry of Environment and Water.

 

Minister:                          The Minister of Environment and Water.

 

Competent Department:   The Animal Wealth Department in the ministry.                                                                                                                                                                                                   

 

Competent Authority:      Municipalities, and the concerned local                                                        authorities of animal affairs in each Emirate.

 

Authorised Persons:         Veterinarians of the ministry, the concerned authority or the persons authorized by the ministry or the concerned authority.

 

Specialist:                        The  academically qualified person in veterinary medicine or laboratories.

 

Animals:                          Birds, reptiles, amphibians, fish, mammals and wild animals stray and captive.

 

Disease:                            Any abnormality in the natural status of the animal that leads to disorder in its biological activities and affects its health or care.

 

Owner of the animal:       The legal owner of the animal or his representative or its raiser who has the right to act freely or the one who transports or trades in animals.

 

Premises:                          Any place where animals can be kept, detained, bred, produced, treated or slaughtered. It, also, includes private houses in which the animals are kept, ships, planes, trucks, other means of transport and scientific research institutions.

 

Animal Welfare Guide:              The guide book that is issued by the                                                                          ministry and contains the terms and conditions, measures, and the obligatory standards and criteria of this law to maintain the health and care of   animal.

 

Sexual Assault:                          Any illegal use of animals by man for sexual purposes. 

 

 

Chapter (2)

 

Article (2)

 

General conditions

 

A unit shall be set up by a ministerial decree called (Animal Welfare Unit). It will be attached to the Animal Wealth Department. This decree shall determine its functions and responsibilities..

 

 

Article (3)

 

The Animal Wealth Department has the right to issue a guide book for animal welfare including directives to owners of animals or people taking care of them. The directives shall be conforming to the international standards related to the care and welfare of all types of animals used for productive, marketing, sporting, scientific and recreation purposes. Such  directives as sanitary conditions for the premises, feeding, transportation, slaughtering and quarantine suit the animals’ nature and breed. The animal wealth department may amend the guide book by adding or deleting in accordance with the development of the related international standards.

 

Chapter (3)

 

Duties of the owner of animals for the welfare

 

Article (4)

 

a.        Owners of animals shall take all necessary measures to ensure welfare of their animals and not to treat them roughly.

 

b.       By non contradicting the provisions of other laws the owner of animal shall be considered cruel if he did any of the following acts:

 

1.       To ignore giving sufficient food, water and shelter for the animal.

 

2.       To beat the animal causing him pain or damage.

 

3.       To practice any violent abuse including sexual abuse.

 

4.       To subject animals used for riding or loading or pulling for excessive stress irrespective to its power, age or health condition.

 

5.       Subjecting the animal for detention or transportation:

 

a.        Without giving sufficient food, water, and good ventilation or if the animal is unable health wise.

 

b.       Using unsuitable means of animal care such as :

 

-         To mix different animal species together irrespective to the sex or age or species.

-         To transport the animals in too small or large in numbers irrespective to the size of the crate, or to keep and load them in unsuitable cages or in any other unsuitable transportation means for the species which may injury them.

-         To pull the animal from its tail or legs or neck.

 

6.       To kill the animal in a merciless way or use slow death means or to cause them severe pain without any acceptable reason or rational justification.

 

7.       To present or sell or trade in injured or sick or exhausted animals.     

 

8.       To abandon an animal by its owner or leaving it without care for a long and unspecified period unless he had an acceptable reason or permitted by the competent authority.

 

 

 

 

Chapter (4)

 

Authorized Persons

 

Article (5)

 

1.       The Minister of Justice shall issue with the agreement of the Minister of Environment and Water a resolution specifying persons authorized for judicial seizure power to seize crimes and violations to the provisions of law No.16 of the year 2007 respecting the animal welfare law and its by-law and other implemented resolutions thereof.

 

2.       The authorized persons including inspectors of animal welfare shall carry out the following duties:

 

a.        To protect animals from harm and ensure requirements for animal welfare.

 

b.       To provide advice and issue instructions to owners of animals respecting animal welfare.

 

c.        To investigate claims and practices of cruelty in dealing with animals and take all procedures according to this law.

 

3.       The authorized persons are entitled to carryout the following procedures :

 

1.       To enter any premises for inspection if there was any excuse or any proof that the animals have been subjected to harm or negligence in taking care of them wherewith contradicts the law No.16 of the year 2007 respecting welfare of the animals and the resolutions issued in implementing thereof. They should present their IDs to the owner of the animals or those who are taking care of them. In case of the premises are private houses then prior approval should be taken from the public prosecution.

 

2.       To examine any animal and collect evidences and related documents including photos and to take necessary samples for tests which deem necessary to ensure safety and health of the animals inside the premises. They have to give the owner of the animal a part of the sample or similar one.

 

3.       To isolate any animal, suspected to be suffering from a disease endangering its safety or the safety of the mixing animals, in a separate place in the premises or moving it to another place under the supervision of the Animal Wealth Department or the competent authority at the expense of the animal owner.

 

4.       To request any assistance or to do any procedure that ensure the health and the safety of the animal. Anyone who refrain from giving the necessary assistance to the authorized person including assistance in restraining the animal to be examined whenever possible shall be considered a violator.

 

5.       To detain any animal for collecting evidences related to violation of the animal welfare law.

 

6.       To enter any site and take any animal whose owners are un- known or cannot be reached.

 

7.       To instruct and recommend directives respecting animal welfare.

 

8.       To dispose animals, in coordination with the concerned authority, in case that relieving the pain and suffering or the disease of the animal were found not evitable

Article (6)

 

Instructions of Animals Welfare

 

Instructions shall be given for the animal welfare if the authorized person deemed that:

 

a.        Someone has committed or committing or just about to commit acts contradicts this law.

 

b.       An animal which is not receiving the proper care or suffering from pain without reason or requiring veterinary care or shouldn't be    used in  work or if it was detained without acceptable reason.

 

 

Article (7)  

  

Instructions for Animal Welfare

 

1.       The authorized person is entitled to give written instructions for animal welfare requesting specific procedures to be done related to the animal or its environment.

 

2.        Instructions for animal welfare should be given to:

 

a.        The owner of the animal.

b.       The person whom the authorized person deems responsible for the animal.

c.        Incase of detaining animal instructions should be given to the person who was responsible for animal directly before its detention.

 

3.       Instructions of the animal welfare may require any of the following procedures to be taken by the owner of the animal:

 

a.        To take care of the animal or treat it in a specific way.

b.       To provide the animal with shelter, food, comfort, and water or any of the other means of living.  

c.        To consult a veterinarian about the situation of the animal.

d.       To move the animal from its place to another place for any of the purposes mentioned in Para. a, b, or c.

e.        Not to move the animal from its former place where instructions were given.

 

 

4.       The authorized person may take the necessary action for whatever   deems necessary to serve the animal welfare.

 

5.       Instructions of animal welfare may contain the way instructions should be applied.

 

 

Article (8)

 

  Requirements for Instructions of Animal Welfare

1.       The form of giving instructions about animal welfare as attached with the by-law should be approved by the concerned authority and includes:

 

a.        Description of the animal in such a way to enable the    instructor to identify it.

 

b.       Animal species should be mentioned incase the authorized person is giving instructions to a person who has committed or is committing or is about to commit any violation for animal welfare.

 

2.       The form should provide the required procedures to be taken and the specific time to complete each requirement. It shall include notice about the given instructions.

 

3.       Instructions may be given verbally if:

 

a.     The authorized person deems that the interest of the animal welfare requires immediate instructions or

 

b.       The authorized person is unable to give instructions in the approved form immediately or

 

c.        The authorized person gives the violating person a notice of the violation.

 

4.       If instructions were given verbally the authorized person should give the approved form as soon as possible.

 

5.       The form of instructions of animal welfare may contain a proposal of the entry of the authorized person in a specific time or on specific periods or entry of the truck carrying the animal or any other place of the violating person where the concerned animals in order to ensure application of the instructions.

 

6.       The person who has been given the instructions of the welfare of the animals shall carry them out unless he has an acceptable excuse to the competent authority.

 

Chapter (5)

 

Article (9)

 

Free Movement of the Animals

 

To provide sufficient place for the animals by its owners and this is one of the duties of animal welfare provided for in Article (4)

 

 

Article (10)

 

Barns and Means of Comfort

 

The owner of the animal shall provide the premises with the following specifications including cages and barns and enclosures:

 

1.       To be suitable for the order, species, age, volume and weight of the animal. Premises should provide protection from the fluctuation of the weather and protection from predators.

 

2.       To be large enough with good ventilation.

 

3.       To be made of unharmful material to animals and free from polluting materials and easy to clean and, sufficiently, disinfect.

 

4.       To be designed in such a way to allow provision of food and water in a suitable manner for the animal and observe conditions of storing fodder.

 

5.       To provide general conditions of safety for man and animals.

 

Chapter (6)

 

Article (11)

 

Nourishment of Animals

 

 

1.       Supply the animal with adequate amount of food and appropriate for its age and species to meet its dietary needs and maintain it in a good health.

 

2.       Animals should be able to reach continuously to resources of suitable water resources or to be, daily, supplied with its requirements of potable drinking water and water should be suitable in quantity and quality.

 

3.       It is restricted to use diet or feed or any ingredients containing fungus poisons in rates exceeding the internationally permitted rates for the feeding of the animals.

 

4.       It is restricted to feed animals with expired materials or diet or feed containing harmful material for the health of animals.

 

5.       It is restricted to deal with animal diet or feed that contains any ingredient that could be harmful to the animals or not authorized by the competent authority.

 

Chapter (7)

 

Article (12)

 

Transporting of Animals

 

The owner of the animal shall be responsible for providing of requirements of animal welfare during transportation. Transportation of animals shall be of the properly fitted facilities for that respecting sufficient ventilation, mangers and drinking means in such a way to ensure its safety and not to be subject to any injuries or harm. loading and offloading from trucks should be supervised by experienced persons       taking the following into consideration:

 

1.       Owner of the animal must be aware of the surrounding environment of the animal during its transportation as he is legally considered responsible incase that conditions of transport were harmful to the animal.

 

2.       That the transport facility should ensure good health to the animals with protection from bad weather conditions.

 

3.       The animal transportation vehicles and containers shall be free from foreign sharp materials which may cause damages to the animal.

 

4.       To have sufficient space for the number of animals to be transported.

 

 

 

Article (13)

 

Slaughter of Animals in a Merciful Manner

 

 

Animal welfare shall be observed during and before slaughtering of animals and that slaughter ought to be merciful. The directive       guide should include the required terms and conditions for merciful slaughter. 

 

 

Article (14)

 

Disposal of Animals to Control Epidemic Diseases      

 

 

Animals should be destroyed, in control of epidemic diseases specially the zoonotic diseases by the approval of the competent department and in   coordination with the competent authority, in merciful means observing animal welfare.

 

 

 

Chapter (8)

 

Article (15)

 

Treatment of Animals

 

 

Animals shall be treated according to the guide of directives of the state which shall be observed as follows :

 

1.       The disease shall be diagnosed by a licensed veterinarian.

 

2.       Treatment shall be made by or under the supervision of a licensed veterinarian.

 

3.       Necessary surgical treatment and routine procedures shall be carried out by experienced and licensed veterinarians under good   sanitary conditions for the animal and to be in such a manner to decrease pain and stress to the lowest possible degree.

 

4.       Veterinary surgical procedures require providing sufficient dose of analgesic through either  local or general anesthesia.

 

 

Chapter (9)

 

Article (16)

Returning the Animal to Its owner

 

The animal which was detained should be returned to its owner after releasing the reasons for detention provided that:

 

1.       Owner of the animal must undertake not to neglect the care of animal once again. incase of repetition the penalties stated in the provisions of the law shall be applied.

 

2.       Owner of the animal must bear all the costs which shall include transportation and treatment of the animal.

 

 

 

 

Chapter (10)

 

Article (17)

 

Restrictions

 

The following restricted acts are under the penalties provided for in the law :

 

1.       To use cruelty when preparing the animal for slaughtering in the slaughter houses or the like such as beating on the head or cutting tendons or to gouge out eyes or using electric shock.

 

2.       Use the animal to experiments that may cause bodily or mental pain to the animal without obtaining approval of the competent department.

 

3.       To use the animal in a different way of its nature in performing recreational shows or for amusement or in hunting trips or in wrestling rinks.

 

4.       To subject the animal to negligence or cruelty or malnourishment.

 

5.       To give the animal any restricted medicine or chemicals to promote its growth or any diet or additives which are not authorized by the ministry and affect the health of the animal.

 

6.       To carry animal from place to another or kill it in a cruel way.

 

7.       To use the animal on work or races or others beyond its capacity   without giving it the sufficient fodder, water or rest.

 

8.       To kill or subject the animal, used for racing, loading and carrying and transportation, to unnecessary harm.

 

9.       To, intentionally and unnecessarily, give poison to any animal.

 

10.     To arrange for exhibitions or shows for the animals without permit from the concerned authority.

 

Chapter (11)

 

Article (18)

 

Exhibitions and Markets of Animals

 

1.       Animals should be exhibited or sold in licensed places approved by the competent department. In order to obtain the license these places should conform with the directive guide of animal welfare under the supervision of a specialized veterinarians. These places should have good ventilation and should be conforming to good sanitary conditions to allow shelter and safety for the animals. Animals shall be registered in special registrars that include the number, type, the specie, the supplier party and the health condition of animals. The above measures shall be carried out in coordination with the concerned authority.

 

2.       It is restricted to arrange public exhibitions or shows and competitions (animal or birds wrestling) or animals exhibitions for trading purpose or any other purpose including advertisement or decoration without written permission from the competent department.

 

 

Chapter (12)

 

Article (19)

 

Using animals for scientific purposes

 

 

1.       It is not permitted to use animals for scientific experiments without obtaining prior permission from the competent department together with the application from the party which will carryout the experiment giving the following details :

 

*a       The scientific justifications for the experiment to which these animals will be subject to.

 

*b.     To provide the work plan to the competent department including followed precautions in the building in which experiments will be carried out and procedures of biological security and full steps of the experiments including all particulars related to the tools, and biological materials used in the experiment.

 

*c.      Existing of scientific qualification for those who will    carryout the experiments together with the participants.  

 

d.        To make sure that the imported animals are under official  veterinary supervision.   

 

2.       The concerned administration shall supervise steps of the research and follow up its results.

 

3.       Animals shall not be used for more than one experiment unless necessary provided that written consent is taken from the concerned authority.

 

4.       All research firms using animals in their lab experiments should have an internal committee to control the use of animals for scientific purposes to avoid unnecessary pain and to ensure the use of the minimum number of living animals in experiments. This committee should be under the supervision of Animal Wealth Department.

 

5.       The control committee shall submit annual reports on the use of animals in lab experiments to the competent department.

 

6.       The competent department shall prepare a database respecting the use of animals for scientific purposes inside the country.

 

Chapter (13)

 

 

 Article (20)

 

 Stray Animals

Stray or lost animals may be detained for care by any of the authorized persons from the competent authority. The authorized person may do the  following if he finds a stray animal :

 

1.       To detain the stray animal in a suitable healthy place.

 

2.       To provide veterinary care to the animal.

 

3.       Euthanasia (where animal welfare is to be observed) incase the owner of the animal does not appear within 14 days and for reasons that allow euthanasia (merciful killing).

 

 

Chapter (14)

 

Article (21)

 

Reporting of Violations

 

 

1.       The authorized persons having judicial seizure are responsible for reporting to the concerned authority or the competent department of any offenses to this law.

 

2.       Any other person may report to the concerned authority to any violations of this law.

 

3.       The competent authority or authorities should investigate the violations and take the necessary action.

 

 

Article (22)

 

Penalties

 

 

1.       Anyone who commits sexual abuse to an animal shall be punished by imprisonment of not less than one month and fine of not less than Dhs.5000.

 

2.       Anyone who releases an epidemic animal knowing that, shall be punished by imprisonment of not less than one year and fine of not less than Dhs.5000 or by one of these penalties.

 

3.       Anyone who contradicts other obligations under provisions of this law and those prescribed in the bylaws and resolutions issued for its implementation, shall be punished by fine which should not exceed twenty thousand Dirham.   

 

 

 

 

Chapter (15)

 

Article (23)

 

Concluding Provisions

 

 

The minister shall issue  in coordination with the concerned authority the  decisions that specify necessary controlling measures for the protection of the health and safety of animals and to prevent harmful practices thereto. 

 

 

Article (24)

 

 

Licensed veterinarians to practice the profession from the ministry of Environment and Water shall be responsible for reporting to the authorized persons of any offense to the provisions of this by-law. The concerned authority or the competent department shall ensure the offence and take the necessary action according to this resolution.

 

 

Article (25)

 

 

All existing establishments in the country shall adapt their situations   according to the provisions of this law and this by-law within three months from the date of its issuance.

 

 

Article (26)

 

 

Any provision contradicting the provisions of this by-law shall be considered cancelled.

 

 

Article (27)

 

 

All concerned parties shall carryout this decree each within the limits of its jurisdiction, it shall be considered effective from the date of its issuance and  shall be published in the official gazette.

 

 

 

 

Dr. Rashid Ahmed bin Fahad

Minister of Environment and Water

 

 

 

 

Issued on 25 Rabia Al Thani 1429H

Corresponding to 1 May 2008

 


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