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Thailand Prevention of Cruelty to Animals Act

By Veronica Watson,2014-06-17 06:08
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Thailand Prevention of Cruelty to Animals Act ...

    (Translation)

    Draft

    Prevention of Cruelty to Animals Act (Thai Animal Guardians Association’s version)

    B.E.

    Whereas it is deemed expedient to enact a law on prevention of cruelty to animals,

    Section 1 This Act shall be called “Prevention of Cruelty to Animals Act B.E. …”

    Section 2 This Act shall come into force on the day following the date of its promulgation in

    the Royal Government’s Gazette.

    Section 3 In this Act

     “Animal” means a living creature having a backbone which is not a human, and

    shall include domestic animals, wild animals, economic animals, and experimental

    animals under this Act, including beasts of burden under the Beasts of Burden Act.

     “Domestic animal means an animal raised, and fed with food and water by humans,

    whether for pleasure, companion, food or for other purposes as may be determined

    by the Director-General, and includes beasts of burden under the Beasts of Burden

    Act, but does not include wild animals, economic animals or experimental animals as

    defined in this Act.

     “Wild animal” means a wild animal under the law governing Wildlife Conservation

    and Protection, including wild animals allowed to be domesticated, and animals born

    or living in nature.

     “Economic animal” means an animal raised for trade, commerce, sports,

    performance, or other purposes as may be announced by the Director-General.

     “Experimental animal” means an animal bred or raised for experimental purposes

    in all fields of science and technology.

     Cruelty to Animals means any acts which cause unnecessary pain and suffering

    to an animal, whether to its body or mind, directly or indirectly, including an act

    which the law deems to be cruel to animals.

     “Suffering” means pressure caused to the body or mind, including pain and fear.

     “Animal welfare” means physical and mental condition of an animal which is

    assessable at the time of its confrontation with both the human-created surroundings

    and natural environment.

     “Animal killing” means an act by whichever way that is done to make an animal die.

     “Owner” means a person who has a right to possess an animal. Where an owner is

    not be found, the meaning shall include the person who feeds and takes care of the

    animal.

     “Animal welfare inspector means a person appointed by the approval of the

    Minister in accordance with this Act with the power and duty to inspect and report

    on the work performance under this Act.

     “Permission grantor” means the Director-General or a person delegated by him.

     “Director-General” means the Director-General of the Department of Livestock

    Development.

     “Committee” means the committee on prevention of cruelty to animals.

     “Minister” means the Minister in charge under this Act.

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    Section 4 The Minister of Agriculture and Cooperatives shall be in charge under this Act and

    shall have the power to appoint competent officials and to issue ministerial

    regulations fixing the fees within the rate prescribed at the end of this Act, and also

    to reduce or exempt the fees and to determine other affairs to be performed under

    this Act. The ministerial regulations and notifications shall come into force upon

    their promulgation in the Royal Government Gazette.

    Chapter 1

    General Provisions

    Section 5 For the purpose of preventing cruelty to animals, the Director-General may prescribe,

    regulations, rules, procedures and conditions regarding the following matters.

1. Providing animal welfare

    2. Breeding and using animals

    3. Capturing and detaining animals

    4. Trading or arranging for performance of animals

    5. Eradicating or destroying animals

Determination of regulations, rules, procedures and conditions under the previous

    paragraph must be done with the approval of the Committee.

    Section 6 The Committee shall have the power to consider appeals regarding acts of cruelty to

    animals, animal welfare, a withdrawal of an order or a permit. The decision of the

    Committee shall be final.

    Chapter 2

    Committee on the Prevention of Cruelty to Animals

    Section 7 There shall be a committee called the Committee on the Prevention of Cruelty to Animals”, consisting of the Permanent Secretary to the Ministry of Agriculture and Cooperatives as Chairman

    1, the Director-General of the National Park, Wildlife and 2Plant Conservation Department or a delegate, the Director-General of the Religious 3Affairs Department or a delegate, the Secretary General of the National Research 45Council or a delegate, One delegate of the Ministry of Interior, One delegate of the 67Tourism Authority of Thailand, One delegate of the Ministry of Foreign Affairs,

    One delegate of the Commission on Higher Education appointed by Faculty of 8Veterinary Science, One delegate of the Ministry of Natural Resource and 910Environment, One delegate of the Ministry of Public Health, One delegate of the 1112Ministry of Education, One delegate of the Ministry of Commerce, all of whom

    shall be committee members by position, and at least seven other honorary

    committee members appointed by the Minister, and the Director-General of

    13Livestock Development Department shall act as Committee Member and Secretary.

    The Director-General shall have the power to appoint as many assistant secretaries

    general as he may deem it appropriate. At least half of the honorary committee

    members who have been appointed under the previous paragraph shall be appointed

    among the delegates of the associations or foundations relating to animal welfare.

    Section 8 The Committee shall have the following powers and duties.

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    1. To advise the Minister on matters relating to animal welfare and prevention of

    cruelty to animals.

    2. To make policies on and give approval to the issuance of ministerial regulations,

    rules, procedures and conditions for carrying out the work under this Act. 3. To issue guidelines for the promotion of animal welfare and the prevention of

    cruelty to animals.

    4. To make rules regarding inspection and following-up of work performance in

    order for it to be in compliance with this Act.

    5. To consider appeals, withdrawal of orders and permits under Section 6. 6. To appoint an animal welfare inspector with the Minister’s approval to inspect

    and report on the work performance under this Act.

    7. To perform other acts as may be prescribed by law to be duties of the Committee.

    Section 9 A committee member who is appointed by the Minister shall be in office for a term

    of four years. A committee member who vacates office may be re-appointed but

    shall not be in office for more than two consecutive terms.

    Section 10 Apart from vacation of office due to the term of office under Section 9, a committee

    member appointed by the Minister shall vacate office upon:

1. death

    2. resignation

    3. being a bankrupt

    4. becoming an incompetent or quasi-incompetent person

    5. being sentenced by a final judgment to imprisonment, except for the punishment

    for negligence or a petty offence.

Where a committee member vacates office before the end of his term, the Minister

    shall appoint another person to replace the committee member, unless the remaining

    period of the term is less than 90 days, in which case the Minister may not appoint

    another person and the person appointed shall be in office for the remaining period

    of the person he has replaced.

Where the Minister appoints additional committee members while the appointed

    committee members are still in office, the additional committee members shall be in

    office for the period equal to the remaining period of the appointed committee

    members’ term.

    Section 11 At least half of the committee members shall be present at the Committee’s meeting

    to constitute a quorum.

    Section 12 At the Committee’s meeting, if the chairman is not present at the meeting or is

    unable to carry out his duty, the Committee members attending the meeting shall

    select one committee member to carry out the chairman’s duty. The decision of the

    Committee shall be made by majority vote of the committee members. Each

    committee member shall have one vote. If the votes are equal, the chairman shall

    have a casting vote. Where a committee member has a direct or indirect interest in

    any matter, that committee member is prohibited from voting.

    3

    Section 13 In carrying out its duties under this Act, the Committee shall have the power to

    appoint a sub-committee to do such things as may be assigned by the Committee.

    Section 11 shall apply mutatis mutandis to a sub-committee’s meeting.

    Chapter 3

    Prevention of Cruelty to Animals

    Section 14 No person shall commit any act considered to be cruel to animals.

    Section 15 The following acts are deemed to be cruel to animals.

1. Flogging, beating, stabbing, burning, boiling or other similar acts which cause

    pain to animals.

    2. Forcing animals to work excessively or to do work which is unsuitable for the

    type and condition of the animals because they are sick, old, young, close to

    giving birth or crippled.

    3. Using drugs or dangerous substances on animals, resulting in harmful effects to

    the animals’ bodies or minds or causing them to suffer.

    4. Using an unsuitable vehicle for transportation or relocation of animals, which

    causes suffering or injury to them.

    5. Keeping or detaining animals in an excessively confined space which causes

    suffering to them.

    6. Keeping animals which are hostile to one another in the same place.

    7. Separating a mother from its baby which has not yet weaned from its mother’s

    milk without necessity.

    8. Abandoning animals to escape from a burden.

    9. Causing animals to suffer from hunger, thirst or lack of rest.

    10. Breeding or feeding animals and failing to cure or care for them when they are

    sick.

    11. Using poison or poisonous substances or any other means to cause animals to die

    painfully.

    12. Doing any act which causes animals to become deformed or crippled without

    necessity.

    13. Making animals fight each other or testing their strength without obtaining

    permission in accordance with the law. 14. Assaulting on or killing or hurting animals out of anger.

    15. Confining animals for an unnecessarily long period of time or using shackles

    which are too heavy, too short or too small, causing them to suffer.

    16. Using animals to do illegal work or activities.

    17. Using warm-blooded animals as preys or food for other animals.

    18. Eating animals alive, especially warm-blooded animals.

    19. Having sexual intercourse with or using animals for sexual activities.

    20. Aiding and abetting of another person’s act of cruelty to animals.

The provisions in the previous paragraph do not include the following acts.

1. Clipping of ears, tails, furs, horns, tusks or nails and the castration of animals or

    making of marks on animals in accordance with the laws governing such acts.

    2. Killing or destruction of animals done by a competent official in accordance with

    the law governing such acts.

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    3. Using experimental animals under the law governing ethics in the use of

    experimental animals.

    The person permitted to do the acts in this paragraph shall carry out such acts under

    the supervision of a veterinarian to avoid causing the animals to suffer from

    unnecessary pain.

Section 16 An owner shall not negligently permit or neglect an act of cruelty to animals

    pursuant to Section 15.

Section 17 An owner shall provide animals with animal welfare according to the type, category

    and natural behavior of the animals, as prescribed by the Director-General.

Section 18 Provision of animal welfare must contain regulations, rules, procedures and

    conditions as follows:

    1. Curing and caring of animals

    2. Training and using of animals

    3. Control and detention of animals

    4. Transportation of animals

    5. Killing of animals

    6. Others as deemed appropriate for each type and category of animals

    Chapter 4

    Part 1

    Domestic animals

Section 19 No person shall consume or trade meat, skin, organs or a part or a whole of the

    remaining parts of particular domestic animals which are dogs and cats.

Section 20 The Minister shall prescribe the types of domestic animals that require registration.

    This must be done by announcing in a ministerial regulation.

Section 21 The Director-General shall prescribe the regulations, rules and conditions for

    providing animal welfare under Section 18 for domestic animals that require

    registration under Section 20.

Section 22 An owner shall not neglect or negligently permit his or her animal to suffer or die

    from starvation.

Section 23 An owner shall not train or force his or her animal to do such things which may

    cause suffering, injury or death to the animal.

Section 24 An owner shall not abandon his or her animal to go at large and look for its own

    food or become stray animal.

    Part 2

    Wild Animals

Section 25 No person shall commit any act in such a manner as being cruel to wild animals.

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     Section 26 No person shall destroy nests, dens, eggs or embryos of animals living in nature,

    unless permitted to do so under the law relating to such an act.

    Section 27 Any person who has been granted permission to breed or raise wild animals shall

    provide animal welfare to the animals according to the type, category and natural

    behavior of those animals, as may be prescribed by the Director-General.

    Section 28 Any person who has been granted permission to breed or raise wild animals shall

    prevent the animals from escaping or harming humans or other animals or causing

    damage to property of other persons or the public.

    Part 3

    Economic animals

    Section 29 No person shall commit any act of cruelty to or feed economic animals in such a

    manner as being cruel to the animals.

    Section 30 A person who raises economic animals shall provide each type of the economic

    animals with appropriate animal welfare as may be prescribed by the Director-

    General.

    Section 31 Klling of economic animals shall be done in a way which does not cause suffering to

    the animals. That is to say, the animals must die immediately or suffer the least pain,

    as may be prescribed by the Director-General.

    Section 32 No person shall buy, sell or hold a performance of animals which are sick, infectious,

    injured or crippled.

    Section 33 No person shall earn income by detaining or confining animals in order for other

    persons to pay for the freedom of the animals.

    Section 34 Making animals a prize is prohibited, provided that after due consideration there is

    no damage to the animals’ welfare.

    Section 35 Animal testing of strength or speed racing is prohibited, unless permitted under the

    rules and conditions prescribed by the Director-General.

    Section 36 No person shall train animals for performance, unless permitted under the rules and

    conditions prescribed by the Director-General.

    Section 37 A person who trains or uses animals for performance shall provide animal welfare to

    the animals, as prescribed by the Director-General.

    Section 38 Training or forcing of animals by flogging or any other means which may injure the

    animals is prohibited.

    Section 39 Dissemination of films which show acts of cruelty to animals, including scenes

    during which animals are suffering is prohibited unless for educational purposes or

    for providing knowledge to the public.

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Section 40 If an offender under this Act is an employee, an employer or a juristic person whom

    the offender works with shall also be guilty.

    Part 4

    Experimental Animals

Section 41 No person shall do any act beyond necessity of the nature and type of the experiment

    to experimental animals.

Section 42 No person shall breed or use experimental animals, unless permitted to do so in

    compliance with the rules and conditions under the law governing ethics in the use of

    experimental animals.

Section 43 Use of domestic animals, wild animals and the animals whose owners cannot be

    found as experimental animals is prohibited, unless permitted by the Director-

    General for the purpose of treatment against animal diseases or for the animals

    themselves.

Section 44 No animals at the last stage of pregnancy shall be made experimental animals, unless

    permitted by the Director-General for the purpose of treatment against animal

    diseases or for the animals themselves.

Section 45 A person permitted to breed or use experimental animals shall provide appropriate

    animal welfare in accordance with the law governing ethics in the use of

    experimental animals.

Section 46 Use of animals in places of education shall have regard to ethics and appropriateness

    or shall be in accordance with the rules or ministerial regulations relating to the

    matter.

    Chapter 5

    Killing and Destruction of Animals

Section 47 Killing or destroying domestic animals is prohibited, unless for consumption or for

    containment of a contagious disease or for releasing the animals from suffering, and

    by means which causes the least pain to the animals.

Section 48 Killing or destruction of all kinds of wild animals is prohibited, unless it is done with

    necessity and unavoidability to avert danger to oneself or other persons.

Section 49 Hiring, asking or ordering a child to kill or destroy any animal is prohibited.

Section 50 Killing economic animals must be in compliance with the rules, procedures and

    conditions prescribed by the Director-General.

Section 51 Destruction of experimental animals must be in accordance with the rules,

    procedures and conditions under the law governing ethics in the use of experimental

    animals.

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    Section 52 Killing or destroying animals in order to contain a contagious disease which kills

    animals or pursuant to the order of a court or a competent official must be done by a

    veterinarian in order that the animals do not have to suffer unnecessarily.

    Section 53 Killing animals due to a religious belief must be permitted by a competent official

    and must be done quickly so that the animals do not have to suffer and must not be

    done in a public place or while there are children in the area.

    Chapter 6

    Application and Issuance of Permits

    Section 54 In considering an application for a permit under this Act, the authorized person must

    consider and notify the applicant of the result of the application within sixty days

    from the date of receipt of the application, and if the applicant is not notified of the

    result within the prescribed time, it shall be deemed that the authorized person has

    given an order for approval of the application and must issue a permit to the

    applicant. Unless otherwise stipulated in this Act, a permit or certificate requested

    under this Act may be used for the period stated in the permit. If the permit holder

    wishes to renew the permit, he must apply for the renewal before that permit expires.

    Once an application for the renewal thereof has been lodged, the permit holder may

    continue his business operation until such time as the authorized person makes an

    order refusing the renewal. Renewal, transfer of the permit or certificate, issuance of

    a provisional permit or certificate under this Act shall be in accordance with the rules,

    procedures and conditions as prescribed in the ministerial regulations.

    Section 55 A person who wishes to train or use animals for performance must apply for

    permission from the Director-General. An application for and issuance of a permit

    shall be in accordance with the rules, procedures and conditions prescribed in the

    ministerial regulations.

    Section 56 A person who wishes to breed experimental animals must apply for a permit from

    the Director-General. An application for and issuance of a permit shall be in

    accordance with the rules, procedures and conditions prescribed in the ministerial

    regulations.

    Section 57 Upon receipt of an application, a permission-grantor shall consider and issue a

    permit or a written notification of an order disapproving the application together with

    reasons to the applicant within forty-five days from the date of receipt of the

    application, the details of which must be correct and complete.

    Where necessary and the permission-grantor is unable to issue a permit or make an

    order disapproving the application within the time period under the previous

    paragraph, not more than two extensions shall be given, and not exceeding 30 days

    for an extension, but a written notification of the extension and necessity of each

    extension must be sent to the applicant before the end of the period under the

    previous paragraph or pursuant to the period already extended, as the case may be.

    Section 58 Types of permits and validities are as follows:

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    (1) A permit for use of animals for experiment shall be valid for three years from the

    date of issuance.

    (2) A permit for use of animals for performance shall be valid for three years from

    the date of issuance.

    Section 59 If an applicant wishes to apply for renewal of the permit, an application must be filed

    before the permit expires. The issuance or refusal to issue a permit must be

    completed within seven days from the date of receipt of the application, the details of which must be correct and complete.

The renewal and issuance of the permit shall be in accordance with the rules,

    procedures and conditions as prescribed in the ministerial regulations.

    Section 60 Where the permission-grantor refuses to issue a permit or does not approve a

    renewal of the permit, the applicant for the permit or renewal has a right to appeal in writing to the Committee within thirty days from the date of receipt of the letter

    notifying the refusal. The decision of the Committee shall be final.

    Chapter 7

    Powers and Competent Officials

    Section 61 If it appears that the permit or certificate holder violates or does not comply with this

    Act, the ministerial regulations, rules or conditions stated in the permit, or fails to comply with an order of a competent official pursuant to this Act, the Director-

    General has the power to suspend the permit for a period as it may be announced or,

    if he deems it appropriate, withdraw the permit or certificate.

Where the permit or certificate is withdrawn or during the time of waiting for the

    appeal to be made to the Committee, the permit holder shall be responsible for the

    care of the animals but is not allowed to sell or transfer them or the competent

    official may designate the animals involved to the custody of an appropriate person

    on a temporary basis at the expense of the permit holder.

    Section 62 With regard to the arrest of an offender under this Act, the competent official shall

    be a veterinary inspector of the Department of Livestock Development, an official of

    the Administration Department and a police official under the Criminal Procedure

    Code.

    Section 63 In order to carry out the work under this Act, especially where there are reasonable

    grounds to believe that, if there is a delay, evidence may be removed or destroyed,

    the competent official has the powers and duties according to the law to enter,

    inspect and search any place or vehicle during normal hours to:

    1. investigate a reported incident of cruelty to an animal or where there are

    reasonable grounds to believe that a violation of this Act has taken place. 2. search or confiscate an animal or remains of an animal suspected to have been

    killed or abused, including equipment, tools or documents suspected to be

    involved with the abuse of the animal for investigation or collection as evidence. 3. take the injured animal to receive prompt medical treatment or order the

    destruction of the animal by a veterinarian to prevent it from agony.

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Section 64 When reported and there are reasonable grounds or evidence to believe that there is

    an urgent threat to an animal’s welfare or no owner is found in the premises, the

    competent official may enter the premises to help the animal.

Section 65 If there is a violation of this Act or any animal is found in distress from an illness or

    serious injury and a veterinarian or an animal welfare inspector is of an opinion that

    allowing the animal to live is cruel to it, the competent official may have the

    veterinarian destroy the animal concerned without having to obtain consent of the

    owner and shall write down the details of the event as evidence.

Section 66 In carrying out his duties, the competent official shall present his identity card and

    competent official’s identification card in accordance with the ministerial regulations.

Section 67 During the execution of the competent official’s duties, an owner of the premises and

    related persons shall provide reasonable facilitative assistance and make notes of the

    work performance as evidence.

    Chapter 8

    Penalties

Section 68 Any person who commits an act of cruelty against animals under Section 14, Section

    19, Section 29 or Section 38 shall be subject to imprisonment of not more than one

    year or a fine of not more than twenty thousand baht or both.

Section 69 Any person who fails to provide an animal with adequate care in accordance with the

    conditions prescribed by the Director-General under Section 17, Section 27 or

    Section 30, shall be subject to imprisonment of not more than six months or a fine of

    not more than ten thousand baht or both.

Section 70 Any person who violates Section 16, Section 20, Section 21, Section 22, Section 23,

    Section 24, Section 28, Section 32, Section 33, Section 34 or Section 35, shall be

    subject to imprisonment of not more than one month, a fine of not more than one

    thousand baht or both.

Section 71 Any person who violates the Director-General’s announcement under Section 31,

    Section 36, or Section 37, shall be subject to imprisonment of not more than one

    month or a fine of not more than five thousand bath or both.

Section 72 Any person who commits an act of cruelty against wild animals under Section 25, or

    destroys the nests, dens, eggs or embryos of wild animals under Section 26 shall be

    subject to imprisonment of not more than one year or a fine of not more than twenty

    thousand baht or both.

Section 73 Any person who violates Section 39, Section 44, Section 45, Section 46 or Section

    47 shall be subject to imprisonment of not more than one year or a fine of not more

    than twenty thousand baht or both.

Section 74 Any person who violates Section 41 or Section 42 shall be subject to imprisonment

    of not more than six months or a fine of not more than ten thousand baht or both.

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