Law on Animal Protection and Welfare

PURPOSE OF THE LAW. The purpose of this Law is to establish the norms for the protection of domestic animals, wild animals, and exotic animals in captivity, as well as domestic animals intended for human consumption whose intensive production shall be subject to their respective norms and national and international standards established in the treaties in force in Honduras. Likewise, this Law establishes as a fundamental principle for the protection of these animals the principle of Responsible Possession or Ownership, so that those obligated assume the care of the animals in all aspects contained in this Law, including the human reciprocal obligation owed to them in view of the effect or utility that the animal means to their companion or possessor, or in general in cases of abandonment. It also incorporates and encourages the necessary participation of society and the State as a whole, in support of animal protection and defense associations; as well as the promotion and dissemination of a social strategy that contributes to respect and proper treatment of animals. In the application of this Law, the criteria and five (5) freedoms of animal welfare founded on the criteria set forth in the First Universal Declaration of the Rights of the Animal, approved by the United Nations Organization for Education and the Diversification of Science and Culture (UNESCO) and subsequently by the United Nations (UN), as well as the National Leagues affiliated after the Third Meeting on animal rights held in London from September 21 to 23, 1977, the Declaration proclaimed on October 15, 1978 by the International League and the conventions of Washington, Bern, and Bonn, shall be observed.

DEFINITIONS OF THE LAW. For the purposes of this Law, the following terms are understood to mean:

• 1)

  ANIMAL CRUELTY: Comprises behaviors that cause unnecessary pain or stress to the animal. These range from negligence in basic care to willful killing.

• 2)

  DOMESTIC ANIMALS: Those that are raised, reproduced, and coexist with the family and that are not susceptible to occupation.

• 3)

  ABANDONED ANIMAL: One that circulates freely even if provided with the corresponding identification, whether by tag or tattoo, if within ten (10) days from its capture no one claims it who can prove their possessory relationship.

• 4)

  ANIMAL: Any non-human mammal, bird, reptile, amphibian, fish, or invertebrate capable of suffering pain or stress.

• 5)

  COMPANION ANIMAL: A domestic animal that is not forced to work, nor used for profit-making purposes nor as food.

• 6)

  EXOTIC ANIMALS: Those that are found free in nature and over which no human dominion has been exercised and are also registered as exotic species in national or international listings.

• 7)

  WILD ANIMALS: Those that are found free in nature and over which there is no intervention or dependence on human beings. Those domesticated by human beings but subsequently released and returned to their natural habitat are also considered wild.

• 8)

  WORKING ANIMALS: Domestic animals used for animal traction or as animals of transport, cargo, or work.

• 9)

  ANIMAL WELFARE: The degree to which the physical, psychological, and behavioral needs of an animal are satisfied.

• 10)

  BREEDING FACILITY: A place intended for raising animals for profit.

• 11)

  CRUELTY TOWARD ANIMALS: Any imposition of unnecessary pain or stress to an animal, whether by a deliberate act or by negligence.

• 12)

  ANIMAL EUTHANASIA: Death applied to a clinically doomed animal practiced and supervised by a legally certified veterinary doctor.

• 13)

  ANIMAL PROTECTION: The actions carried out by public and private entities intended for that purpose, which entail monitoring and guaranteeing the rights, health, and prevention against mistreatment, suffering, and exploitation of animals.

• 14)

  VIVISECTION: The dissection of live animals for a scientific purpose.

• 15)

  ZOOPHILIA: Consists of the sexual attraction of a human toward an animal.

• 16)

  ZOONOSIS: A disease that can be transmitted from other vertebrate animals to human beings or vice versa.

• 17)

  ANIMAL SHELTER: A facility that serves as a place of refuge for homeless, lost, or abandoned animals.

• 18)

  PROTECTIVE ASSOCIATIONS: Organizations that position themselves against any action of mistreatment against animals, whatever the reason.

COUNCIL. The National Council for Animal Protection and Welfare is hereby created as the national instance for consultation and coordination of policies and legislation on the matter, which is attached to the State Secretariat for the Ministries of Agriculture and Livestock (SAG). This Council is comprised of one Representative from each of the following Institutions:

• 1)

  State Secretariat for the Ministries of Agriculture and Livestock (SAG), which presides over it;

• 2)

  State Secretariat for the Ministries of Energy, Natural Resources, Environment, and Mines;

• 3)

  State Secretariat for the Ministry of Health;

• 4)

  State Secretariat for the Ministry of Education;

• 5)

  National Institute for Forest Conservation, Protected Areas, and Wildlife (ICF);

• 6)

  Association of Municipalities of Honduras (AMHON);

• 7)

  College of Veterinary Physicians of Honduras (CMVH);

• 8)

  Faculty of Biology of the National Autonomous University of Honduras (UNAH) and related Universities;

• 9)

  National Security Forces;

• 10)

  Federation of Animal Protection Associations (FAPA);

• 11)

  Canine Association of Honduras (ACH); and 12) National Federation of Farmers and Ranchers of Honduras (FENAGH). The aforementioned institutions must accredit their representative within thirty (30) days after the effective date of this Law.

FUNCTIONS OF THE COUNCIL. The functions of the National Council for Animal Protection and Welfare are, among others, the following:

• 1)

  To know, approve, and update the proposal for the National Policy for Animal Protection and Welfare, ensuring its compliance;

• 2)

  Within the framework of their respective competencies, to issue recommendations to the corresponding authorities to promote compliance with this Law and other norms and strategies;

• 3)

  To provide advice and issue opinions regarding animal protection and welfare;

• 4)

  To promote, analyze, and propose norms, programs, and strategies for animal protection and welfare;

• 5)

  To promote coordination and collaboration among the public, social, academic, and private sectors regarding animal protection and welfare;

• 6)

  To promote education, research, awareness, studies, and dissemination programs on animal protection and welfare to different sectors of society, as well as to raise awareness about the responsibility of animal ownership;

• 7)

  To promote alliances, agreements, and organization with regional and municipal authorities and organized civil society in order to create mechanisms for compliance with the Law;

• 8)

  To approve the creation of departmental, regional, and municipal committees for animal protection and welfare, which shall function as auxiliary organs of the National Council within a period of two (2) years;

• 9)

  To promote and encourage with competent institutions and organizations the realization and updating of the national inventory of companion animals existing in the country;

• 10)

  To manage the use and allocation of the Fund for Animal Protection and Welfare, managed and administered by the Council;

• 11)

  To authorize permits and issue opinions in cases that correspond;

• 12)

  To prepare and approve the Regulations of this Law, as well as the Internal Regulations for its operation and that of the Fund for Animal Protection and Welfare; and 13) To manage vaccination, sterilization, and control campaigns.

COUNCIL SESSIONS. The Council shall meet ordinarily at least three (3) times per year and extraordinarily when necessary. Council members shall serve ad honorem and shall appoint an Executive Secretary. The first ordinary meeting shall be held within thirty (30) days following the effective date of this Law.

MANAGEMENT OF COUNCIL RESOURCES. The Council, for the development of the activities referred to in this Law, shall manage before the Central Government and Local Governments in coordination with animal protection associations the funds required for their implementation.

PATRIMONY FOR ANIMAL PROTECTION AND WELFARE. The Council's patrimony is constituted by:

• 1)

  The resources allocated in the General Budget of Income and Expenditures of the Republic;

• 2)

  The inheritances, bequests, and donations it receives;

• 3)

  The fines imposed for the infractions referred to in this Law; and 4) Any others generated by any other concept of lawful origin.

DUTY OF SURVEILLANCE. The authorities to which this Law makes reference are obligated to monitor and enforce compliance with the provisions contained therein, within the framework of their respective competencies.

ESTABLISHMENTS. Without prejudice to what is required in other laws and in accordance with the nature of the animal, animal rescue facilities, animal import centers, training schools for domestic, wild, and exotic animals in captivity, and sporting dog kennels must comply with the following requirements:

• 1)

  To be registered or enrolled with the National Council for Animal Protection and Welfare for the control of their activity;

• 2)

  To keep registry books in the cases, conditions, and with the content that shall be established by regulation;

• 3)

  To have good hygienic-sanitary conditions and facilities suited to the physiological conditions of the animals they house;

• 4)

  To adopt the necessary measures to prevent contagion among the animals they house;

• 5)

  To have veterinary advice available at each establishment; and 6) When applicable, to deliver the animals with the corresponding health guarantees, free of any disease, accrediting with the documentation that shall be established by regulation.

TRANSPORT OF ANIMALS REFERRED TO IN THIS LAW. The transport of animals subject to this Law shall be carried out in accordance with the peculiarities of each species; at the same time it shall comply with the hygienic-sanitary requirements of animal welfare required in this Law and others that shall be determined by regulation.

SPECTACLES. The spectacles referred to in this Law shall be governed by the following provisions: 1) The use of animals in dogfighting, felicide fighting spectacles, and duck racing is prohibited; and with respect to popular festivities and other activities, proper care must be observed so as not to cause them harm or suffering; and 2) Bullfighting spectacles and cockfighting are part of National Folklore and as such are permitted, with municipalities required to establish the fee for each spectacle in their respective Tax Schedule. In bullfighting spectacles the use of lances, swords, fire, or other objects that cause pain to the animal is prohibited. The use of animals in circuses shall be subject to the requirements of this Law and municipal councils must ensure their compliance.

EXPERIMENTATION. Experimentation with animals shall be governed by the following provisions:

• 1)

  Any experimental activity with animals that may cause them pain, suffering, injury, or death must comply with its specific norms and shall require, when applicable, prior authorization from the Council;

• 2)

  Animals intended for experimentation shall be subject to the general protection and care provisions set forth in this Law;

• 3)

  Every experiment must be carried out under the direction of corresponding qualified personnel;

• 4)

  Animals that as a result of experimentation cannot develop a normal life shall be sacrificed in a rapid and painless manner and, if possible, by a qualified professional; and 5) The State Secretariat for the Ministry of Health, the National Service for Agricultural Health and Food Quality (SENASA) as part of the State Secretariat for the Ministries of Agriculture and Livestock (SAG), the College of Veterinarians of Honduras, and the Universities in the Veterinary Branch are obligated to supervise the conditions and development of the experiments.

OBLIGATIONS OF ANIMAL POSSESSORS. The obligations of animal possessors are the following provisions:

• 1)

  Animal possessors have the obligation to treat them humanely and keep them in hygienic-sanitary conditions and with adequate food in accordance with the characteristics of each species, complying with what is provided in this Law and in its regulatory provisions;

• 2)

  Animal possessors are responsible for adopting the necessary measures to prevent them from causing nuisance to neighbors or endangering those who coexist in their environment and for collecting their waste when they pass through public roads;

• 3)

  Possessors of wild and exotic animals in captivity belonging to the species that shall be determined by regulation must census them in the corresponding offices of the National Institute for Forest Conservation, Protected Areas, and Wildlife (ICF) and domestic animals in the Municipalities in coordination with the State Secretariat for the Ministry of Health within fifteen (15) days following their taking into possession, except those that are registered with other entities or associations that must notify the Council; and 4) The possessor of an animal, notwithstanding the subsidiary responsibility of the owner in his case, is responsible for the damages and losses caused to third parties.

TREATMENT AND CARE OF DOMESTIC ANIMALS. The possessor or owner of a domestic animal, companion animal, and/or working animal is responsible for its protection and care as well as for compliance with all obligations contained in this Law. Registered breeders may only breed female dogs once per year and felines every six (6) months considering that their breeding period is shorter, considering the possibility that through an evaluation and certificate of a Veterinary Physician a second breeding may be practiced.

USE OF WORKING ANIMALS. The owner or possessor of animals intended for work shall avoid mistreatment and punishment, overloading with weight exceeding their capacity, exposing them to long and excessive work hours, harnessing them in an advanced state of pregnancy, riding them while ill, injured, or beaten; requiring that the size of carts, wagons, or other types of vehicles to be used do not greatly exceed the size of the animal. In the case of animals used by security forces, once they have completed their useful service, they may be put up for adoption.

EDUCATION AND AWARENESS CAMPAIGNS. The Council, in coordination with the institutions that comprise it and the municipalities within their respective territorial jurisdictions, must develop programs and campaigns for education and awareness regarding animal care and protection and provide advisory services to private individuals or any civil organization that requests them. Likewise, they must conduct sterilization campaigns to control overpopulation.

SANITARY MEASURES. The following are mandatory sanitary measures:

• 1)

  The Council, in coordination with the State Secretariat of Health when circumstances warrant, may recommend mandatory vaccination or treatment of domestic animals;

• 2)

  In those cases in which, for reasons of animal health or public health, mandatory slaughter is required, it must be carried out quickly and painlessly, in facilities suitable for this purpose under the responsibility and supervision of a Veterinarian or technician when available; and 3) The Council, in coordination with the State Secretariat of Health and the National Agricultural and Livestock Health Service (SENASA) may order the isolation and internment of domestic animals in the event that they are diagnosed with diseases transmissible to humans, with the objective of subjecting them to curative treatment and when it is not possible to proceed with their slaughter as indicated in paragraph two (2) above. CHAPTER V WILD ANIMALS IN CAPTIVITY

GENERAL MEASURES. The following are mandatory General Measures in the case of wild animals in captivity:

• 1)

  The possessor of a wild or exotic animal in captivity is responsible for its protection and care, as well as for compliance with all obligations contained in this Law;

• 2)

  For the possession of wild or exotic animals in captivity imported into the country, a prior report on the health condition and handling of the animal by the National Institute of Forest Conservation, Protected Areas and Wildlife (ICF) or failing that, the National Agricultural and Livestock Health Service of Honduras (SENASA) is required; in accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

• 3)

  The possession of dangerous wild animals is prohibited, as well as their circulation through places open to the public, without adequate protective measures according to the characteristics of each species, except for establishments authorized by the National Institute of Forest Conservation, Protected Areas and Wildlife (ICF) in accordance with Law; and 4) Wild animals in captivity must be subject to the sanitary measures provided for in Article 17 of this Law. CHAPTER VI ABANDONED ANIMALS

RESCUE. The rescue of abandoned animals must be subject to the following rules:

• 1)

  Municipalities, in coordination with the State Secretariat of Health, by means of a specific plan and with the collaboration of other institutions and organizations involved, must rescue animals that are found abandoned, which must be retained for a period of up to fifteen (15) days so that they may be claimed or adopted. Once this period has elapsed, they must be transferred to public shelters; in the case that public shelters do not exist, they must be transferred to animal protection organizations under agreements executed for this purpose;

• 2)

  If the animal is identified, the owner must be notified, who has a period of ten (10) days to recover it, once the maintenance expenses incurred have been paid. Once this period has elapsed, if the owner has paid the expenses, the reception center must proceed in accordance with what is provided in the preceding point;

• 3)

  Abandoned animals that are placed in custody or for adoption may be sterilized or neutered at the discretion of the adopter, in order to prevent proliferation; and 4) In the case of animals that are incapacitated or suffering from advanced diseases, euthanasia shall be performed in accordance with established technical procedures.

RESCUE SERVICE. For the implementation of the provisions of the preceding Article, the Council may enter into cooperation or collaboration agreements with animal protection and defense associations or other authorized entities for this purpose. It is the responsibility of municipalities to authorize rescue services and animal protection and defense associations must request authorization from them, which may be granted for a minimum period of three (3) years, renewable. Without prejudice to the other provisions of this Law that are applicable, establishments dedicated to the rescue of abandoned animals must be registered in the registry created for this purpose. The minimum operating standards for rescue services must be established by regulation. TITLE II ASSOCIATIONS FOR THE PROTECTION AND DEFENSE OF ANIMALS

DEFINITION AND CONDITIONS. For the purposes of this Law, Associations for the Protection and Defense of Animals are those that are legally constituted, without profit motive, that have as their fundamental purpose the defense and protection of animals in their environment, being considered of public utility and educational benefit. The Associations defined in the preceding paragraph must register in a registry created for this purpose by the Council and may be declared collaborative entities when they meet the requirements established by regulatory provisions. Public Institutions related thereto and municipalities may establish within their budgets assistance programs for Associations that have the status of collaborative entities. Associations or Foundations have the obligation to report facts that they consider to be violations, in accordance with what is provided in this Law. TITLE III ADMINISTRATION FOR THE DEFENSE OF ANIMALS

GENERAL PRINCIPLE. Related public institutions, municipalities, and animal protection organizations must cooperate in the development of measures for the defense and protection of animals.

COMPETENT AUTHORITY. The competent authority in matters of defense and protection of companion animals, working animals, wild animals, and exotic animals in captivity is the corresponding municipality in coordination with the Council. TITLE IV SUPERVISION AND SURVEILLANCE

SUPERVISION AND SURVEILLANCE. Supervision and monitoring for the application of this Law is the responsibility of the Council and the municipalities. Likewise, Veterinarians in the exercise of their profession, veterinary clinics, and veterinary hospitals must keep clinical files of animals subject to mandatory vaccination, treatment, or slaughter and make them available to the Council. Veterinary doctors who provide free services to municipalities and animal protection organizations have the right to deduct such services from their Income Tax payment, subject to the opinion of the corresponding tax authority. TITLE V COMPLAINTS, INFRACTIONS, AND SANCTIONS CHAPTER I COMPLAINTS AND INFRACTIONS

COMPLAINTS. Any person may file a complaint before any related administrative authority, police authority, municipal authority, or before the peace courts of the Republic regarding acts or omissions that violate the provisions of this Law. Such complaint may be oral, written, or virtual. INFRACTIONS

INFRACTIONS. Non-compliance with the obligations, prohibitions, and requirements established in this Law are subject to administrative, civil, and/or criminal sanctions as appropriate. Administrative responsibility is enforceable without prejudice to any responsibility that may correspond in the civil or criminal sphere. In the case of prohibited spectacles being held, the organizers shall incur administrative infraction as well as the owners of the establishments or lands that made them available, whether for consideration or free of charge.

CLASSIFICATION OF INFRACTIONS. Infractions are classified as minor, serious, and very serious.

MINOR INFRACTIONS. Minor infractions are:

• 1)

  Improper treatment of animals according to the respective species;

• 2)

  The sale, donation, or transfer of animals to minors under eighteen (18) years of age or incapacitated persons without authorization from the person having parental authority, guardianship, or custody;

• 3)

  Failure to maintain the animal in good hygienic-sanitary conditions;

• 4)

  Keeping animals in inadequate installations or spaces;

• 5)

  Failure to provide animals with adequate minimum nutrition according to the respective species;

• 6)

  Street vending of animals in violation of regulations established by respective regulation;

• 7)

  The absence or incomplete possession of clinical file archives of animals subject to mandatory treatment or vaccination or medical records, in places where there is a possibility to obtain them after a vaccination campaign in the respective location;

• 8)

  Failure to immediately pick up waste evacuated by a companion animal in public areas;

• 9)

  The breeding or commercialization of animals without meeting the corresponding requirements;

• 10)

  Allowing animals under one's custody to roam; and 11) Failure to attend vaccination or failure to submit animals to treatment when respective brigades are conducted.

SERIOUS INFRACTIONS. Serious infractions are:

• 1)

  Cruel treatment of animals that causes them pain or injury;

• 2)

  The practice of surgery for aesthetic purposes without the intervention of a qualified professional;

• 3)

  Malicious and unjustified abandonment of animals;

• 4)

  Mistreatment that causes mutilation of animal limbs;

• 5)

  The sale of wild and exotic animals;

• 6)

  Non-compliance with the obligations indicated in Articles 9, 10, and 11 of this Law;

• 7)

  The provision of unauthorized stimulants or substances that may harm animal health, except when prescribed by a qualified professional;

• 8)

  Willful sale of sick animals;

• 9)

  The possession of dangerous animals without the protective measures that are required;

• 10)

  Running over and abandoning an animal willfully; and 11) Breeders who cross animals in violation of Article 14 of this Law. Recurrence in a minor infraction, committed during a period of one (1) year regardless of whether or not the imposed sanction has been complied with, is equally considered a serious infraction.

VERY SERIOUS INFRACTIONS. Very serious infractions are:

• 1)

  Mistreatment of animals that causes their death;

• 2)

  The organization and holding of spectacles, fights, or other activities with animals that involve cruelty or mistreatment or may cause them suffering; cockfighting and bullfighting are exempt from this infraction;

• 3)

  The sale of animals with contagious infectious disease;

• 4)

  The sale of animals for experimentation without due authorization or to unauthorized establishments;

• 5)

  Engaging in acts of zoophilia;

• 6)

  Promoting or conducting the breeding, hybridization, or training of animals to increase their dangerousness;

• 7)

  The sterilization or slaughter of animals without veterinary medical supervision of a qualified professional; and 8) Reiteration of serious infractions. Recurrence in a serious infraction, committed during a period of one year regardless of whether or not the imposed sanction has been complied with, is considered a very serious infraction.

STATUTE OF LIMITATIONS FOR INFRACTIONS. Minor infractions shall prescribe within six (6) months, serious infractions within twelve (12) months, and very serious infractions within two (2) years. CHAPTER II SANCTIONS

ANIMAL CRUELTY OFFENSE. Any person who intentionally mistreats animals, causing their death, shall be sanctioned with a prison sentence of three (3) to five (5) years and a fine of ten (10) to twenty-five (25) minimum salaries. When the mistreatment causes the loss of one or more of the animal's limbs or renders it incapable of mobility, such conduct shall be sanctioned with the aforementioned penalty reduced by one-third (1/3).

PECUNIARY SANCTIONS. Pecuniary sanctions shall be imposed according to the following rules: 1) The infractions indicated in the preceding Chapter shall be sanctioned with fines as follows:

• a)

  Minor infractions, from one (1) to five (5) minimum salaries of the corresponding region;

• b)

  Serious infractions from five (5) minimum salaries plus one (1) day to ten (10) minimum salaries of the corresponding region; and c) Very serious infractions, from ten (10) minimum salaries plus one (1) day to twenty-five (25) minimum salaries of the corresponding region. 2) The imposition of the sanctions provided herein shall be the responsibility of: a) Public institutions in accordance with the scope of their competencies and to the municipalities, administrative infractions and minor infractions; and b) Justices of the Peace shall impose serious and very serious infractions.

NON-PECUNIARY SANCTIONS. In the resolution of the respective case, in addition to the fines referred to in the preceding Article, the competent authorities may impose the following sanctions in cases of serious and very serious infractions:

• 1)

  Closure of the establishment, when applicable;

• 2)

  Temporary or permanent suspension of commercial activities;

• 3)

  Seizure of animals subject to illegal activities or abandonment; and 4) Temporary or definitive suspension of the legal status of offending associations.

GRADUATION OF SANCTIONS. The imposition of sanctions established in the present Law shall be graduated in accordance with the following criteria:

• 1)

  The social or sanitary significance and the harm caused by the infraction;

• 2)

  The intent to profit and the amount of benefit obtained in the commission of the infraction;

• 3)

  The importance of the damage caused to the animal; and 4) The repetition or recidivism in the commission of infractions.

EFFECTIVE DATE. The present Law shall take effect six (6) months after its publication in the Official Gazette La Gaceta. Done in the City of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twentieth day of the month of October of the year Two Thousand Fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., January 19, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENTS OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION RIGOBERTO CHANG CASTILLO