Animal Protection and Welfare Law

This Law aims to establish the norms for the protection of domestic, wild, and exotic animals in captivity as well as domestic animals intended for human consumption, whose intensive production must be subject to their respective norms and national and international standards established in the treaties currently in force in Honduras. Likewise, this Law establishes as a fundamental principle of protection of these animals, that of Responsible Possession or Custody, so that those obligated assume the care of animals in all aspects contained in this Law, such as the human reciprocal obligation owed to them in light of the effect or utility that the animal represents for their companion owner or in general in condition of abandonment. Equally, it incorporates and encourages the necessary participation of society and the State as a whole, in support of the associations for the protection and defense of animals; as well as the promotion and dissemination of a social strategy that contributes to the respect and due treatment of animals. In the application of this Law, the criteria and the five (5) freedoms of animal welfare based on the criteria set forth in the First Universal Declaration of the Rights of Animals, approved by the United Nations Organization for Education and Diversification, Science and Culture (UNESCO) and subsequently by the United Nations Organization (UN), as well as the National Leagues affiliated following 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 Washington, Bern, and Bonn conventions must be observed.

For the purposes of this Law, the following 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 malicious 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 by proving their possessory relationship.

• 4)

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

• 5)

  COMPANION ANIMAL: It is 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 human dominion has not been exercised and furthermore exist as exotic species in the national or international listings.

• 7)

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

• 8)

  WORKING ANIMALS: They are domestic animals used for animal traction or as animals of transport, load, or work.

• 9)

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

• 10)

  BREEDING FARM: A place intended for the breeding of animals for profit purposes.

• 11)

  CRUELTY TOWARDS 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 an animal clinically screened and practiced and supervised by a legally certified veterinarian.

• 13)

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

• 14)

  VIVISECTION: It is the dissection of live animals for scientific purposes.

• 15)

  ZOOPHILIA: It consists of the sexual attraction of a human towards an animal.

• 16)

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

• 17)

  ANIMAL SHELTER: It is a facility that serves as spaces for the reception of homeless, lost, or abandoned animals.

• 18)

  PROTECTIVE ASSOCIATIONS: Organizations that position themselves against all actions of mistreatment against animals, regardless of the reason.

The National Council of Animal Protection and Welfare is hereby created as a national instance for consultation and consensus on the policies and legislation on this matter, which is attached to the Secretariat of State in the Offices of Agriculture and Livestock (SAG). This Council is composed of a Representative of the following Institutions:

• 1)

  Secretariat of State in the Offices of Agriculture and Livestock (SAG), who presides over it;

• 2)

  Secretariat of State in the Offices of Energy, Natural Resources, Environment, and Mines;

• 3)

  Secretariat of State in the Office of Health;

• 4)

  Secretariat of State in the Office of Education;

• 5)

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

• 6)

  Association of Municipalities of Honduras (AMHON);

• 7)

  College of Veterinary Doctors of Honduras (CMVH);

• 8)

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

• 9)

  National Security Bodies;

• 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 institutions listed above must accredit their representative within thirty (30) days after the entry into force of this Law.

The functions of the National Council of Animal Protection and Welfare are, among others, the following:

• 1)

  To know, approve, and update the proposal for the National Policy of 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 on matters of 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 in matters of animal protection and welfare;

• 6)

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

• 7)

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

• 8)

  To approve the creation of departmental, regional, and municipal committees of 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 the competent institutions and organizations the implementation and updating of the national inventory of companion animals existing in the country;

• 10)

  To administer 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 the Protection and Welfare of Animals; and,

• 13)

  To manage vaccination, sterilization, and control campaigns.

The Council shall meet ordinarily at least three (3) times per year and extraordinarily when necessary, Council members shall act ad honorem and must appoint an Executive Secretary. The first ordinary meeting must be held within thirty (30) days following the entry into force of this Law.

The Council, for the development of the activities referred to in this Law, must request from the Central Government and Local Governments in coordination with animal protection associations the funds required for its implementation.

The Council's heritage is constituted by:

• 1)

  The resources allocated in the General Budget of Income and Expenses 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)

  Others that are generated by any other concept of lawful origin.

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

Without prejudice to what is required in other laws and in accordance with the nature of the animal, establishments for the rescue of abandoned animals, animal importation centers, schools for the training of domestic, wild, and exotic animals in captivity, and sports kennels must meet the following requirements:

• 1)

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

• 2)

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

• 3)

  To have good hygiene-sanitary conditions and facilities appropriate to the physiological conditions of the animals they shelter;

• 4)

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

• 5)

  To have veterinary advice in each establishment; and,

• 6)

  In its case, to deliver the animals with proper sanitary guarantees, free from all disease, evidencing this with the documentation that shall be established by regulation.

The transport of the animals referred to in this Law must be carried out in accordance with the peculiarities of each species; at the same time it must comply with the hygiene-sanitary requirements of animal welfare required in this Law and others that shall be determined by regulation.

The spectacles referred to in this Law must be governed by the following provisions: 1) The use of animals in spectacles of dog fighting, feline fighting, and duck races is prohibited; and with respect to popular festivals and other activities, due care must be observed to avoid causing them damage or suffering; and, 2) Bullfighting spectacles and cockfights form part of National Folklore and as such are permitted, with municipalities required to establish charges for each spectacle in their respective Fee Schedules. In the bullfighting spectacle, the use of lances, swords, fire, or other objects that cause pain to the animal is prohibited. The use of animals in circuses must be subject to the requirements of this Law and municipal councils must ensure their compliance.

Experimentation on animals must be governed by the following provisions:

• 1)

  All experimental activity with animals that may cause them pain, suffering, injury, or death must be adapted to its specific regulations and requires, in its case, prior authorization from the Council;

• 2)

  Animals intended for experimentation must be subject to the protection and general care provided for in this Law;

• 3)

  All experiments must be carried out under the direction of the corresponding professional staff;

• 4)

  Animals that as a result of experimentation cannot develop a normal life must be sacrificed in a rapid and painless manner and, if possible, by a professional; and,

• 5)

  The Secretariat of State in the Office of Health, the National Service of Sanitation and Agri-food Quality (SENASA) as part of the Secretariat of State in the Offices of Agriculture and Livestock (SAG), the College of Veterinarians of Honduras, and Universities in the Veterinary Branch are obligated to supervise the conditions and development of the experiments.

The possessor or owner of a domestic, companion, and 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 cross females of canine species once a year and felines every six (6) months considering that their period is shorter, considering the possibility that through an evaluation and certificate of a Veterinarian a second crossing may be performed.

The owner or possessor of animals intended for work must avoid mistreatment and punishment, overloading with weight superior to their capacity, exposing them to long and excessive work hours, confining them in a state of wretched pregnancy, riding them sick, injured, or beaten; that the size of carts, wagons, or other types of vehicles to be used widely exceeds the size of the animal. In the case of animals used by security bodies, once they have given their useful life, they may be given up for adoption.

The Council in coordination with the institutions that compose it and the municipalities in their territorial terms must develop programs and campaigns of education and awareness on animal care and protection and provide advice to individuals or any civil organization that requests it. Likewise, sterilization campaigns must be carried out for the control of overpopulation.

SANITARY MEASURES. The following are mandatory sanitary measures:

• 1)

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

• 2)

  In those cases where, for reasons of animal health or public health, mandatory slaughter is required, it must be carried out in a quick and painless manner, 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 Department of Health and the National Agricultural and Livestock Health Service (SENASA) may order the isolation and internment of domestic animals in the event they are diagnosed with diseases transmissible to humans, in order to subject 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 holder 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, prior certification of the health condition and handling of the animal by the National Institute for Forest Conservation, Protected Areas and Wildlife (ICF) or, in its absence, the National Agricultural and Livestock Health Service of Honduras (SENASA) is necessary; 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 in accordance with the characteristics of each species, except for establishments authorized by the National Institute for Forest Conservation, Protected Areas and Wildlife (ICF) in accordance with Law; and 4) Wild animals in captivity must have the sanitary measures provided for in Article 17 of this Law applied to them. CHAPTER VI ABANDONED ANIMALS

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

• 1)

  The municipalities, in coordination with the State Department 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 can be claimed or adopted. After this period 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 the 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 costs incurred for its maintenance are paid. Once this period has elapsed, if the owner has satisfied payment of the costs, the shelter must proceed in accordance with the provisions of 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 with advanced diseases, euthanasia shall be carried out in accordance with the technical procedures established.

RESCUE SERVICE. For the fulfillment of the provisions of the preceding Article, the Council may enter into cooperation or collaboration agreements with animal protection and defense associations or with other entities authorized for this purpose. It is the responsibility of the municipalities to authorize rescue services and animal protection and defense associations must request authorization from them, which may grant it for a minimum period of three (3) years, renewable. Without prejudice to the other provisions of this Law that may be 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 established, without profit motive, whose fundamental purpose is the defense and protection of animals in their natural environment, being considered of public utility and educational benefit. The Associations defined in the preceding paragraph must be registered in a registry created for this purpose by the Council and may be declared collaborating entities when they meet the requirements demanded by regulatory provisions. Public Institutions related to this matter and municipalities may establish, within their budgets, aid programs for Associations that have the status of collaborating entities. Associations or Foundations have the obligation to report facts that they consider to be infractions, in accordance with the provisions of this Law. TITLE III ADMINISTRATION IN DEFENSE OF ANIMALS

GENERAL PRINCIPLE. Public institutions related to this matter, 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, work animals, wild animals, and exotic animals in captivity is the corresponding municipality in coordination with the Council. TITLE IV SUPERVISION AND OVERSIGHT

SUPERVISION AND OVERSIGHT. 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 hospitals must maintain clinical records of animals subject to mandatory vaccination, treatment, or slaughter and make them available to the Council. Veterinarians who provide free services to municipalities and animal protection organizations have the right to deduct such services from their Income Tax payments, subject to prior authorization by the corresponding fiscal authority. TITLE V COMPLAINTS, INFRACTIONS AND SANCTIONS CHAPTER I COMPLAINTS AND INFRACTIONS

COMPLAINTS. Any person may file a complaint with 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 penal sanctions as appropriate. Administrative liability is enforceable without prejudice to that which may correspond in the civil or penal sphere. In the case of prohibited spectacles being held, not only their organizers incur in administrative infraction but also the owners of the establishments or lands who have ceded them for such purpose, whether for a fee or free of charge.

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

MINOR INFRACTIONS. The following are minor infractions:

• 1)

  Improper treatment of animals in accordance with the respective species;

• 2)

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

• 3)

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

• 4)

  Keeping animals in inadequate facilities or spaces;

• 5)

  Failure to provide animals with minimum adequate food for the respective species;

• 6)

  Street sale of animals in violation of regulations issued respectively;

• 7)

  Lack or incomplete possession of clinical record files of animals subject to mandatory treatment or vaccination or of the medical record, in places where there is the possibility of obtaining them after a vaccination campaign in the respective location;

• 8)

  Failure to immediately remove waste evacuated by a companion animal in public spaces;

• 9)

  Breeding or commercialization of animals without complying with corresponding requirements;

• 10)

  Allowing animals under one's care to roam; and,

• 11)

  Failure to attend vaccination or failure to subject animals to treatment when respective vaccination brigades are carried out.

SERIOUS INFRACTIONS. The following are serious infractions:

• 1)

  Cruel treatment of animals that causes them pain or injury;

• 2)

  The practice of ear-cropping for aesthetic purposes without the intervention of a qualified professional;

• 3)

  Malicious and unjustified abandonment of animals;

• 4)

  Abuse that causes mutilation of animal limbs;

• 5)

  Sale of wild and exotic animals;

• 6)

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

• 7)

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

• 8)

  Intentional sale of sick animals;

• 9)

  Possession of dangerous animals without required protective measures;

• 10)

  Hitting and abandoning an animal deliberately; and,

• 11)

  Breeders who cross animals in violation of Article 14 of this Law. Recidivism in a minor infraction committed during a period of one (1) year is also considered a serious infraction, regardless of whether the imposed sanction has been complied with or not.

VERY SERIOUS INFRACTIONS. The following are very serious infractions:

• 1)

  Abuse of animals that causes their death;

• 2)

  The organization and holding of spectacles, fights, or other activities with animals that involve cruelty or abuse or may cause them suffering; cockfights and bullfights are excepted from this infraction;

• 3)

  Sale of animals with infectious-contagious disease;

• 4)

  Sale of animals for experimentation without proper authorization or to unauthorized establishments;

• 5)

  Committing acts of bestiality;

• 6)

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

• 7)

  Sterilization or slaughter of animals without veterinary control by a qualified professional; and,

• 8)

  Recurrence in serious infractions. Recidivism in a serious infraction committed during a period of one year is considered a very serious infraction, regardless of whether the imposed sanction has been complied with or not.

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

CRIME OF ANIMAL ABUSE. Whoever intentionally mistreats animals, causing their death, shall be punished with imprisonment of three (3) to five (5) years and a fine of ten (10) to twenty-five (25) minimum salaries. When the mistreatment results in the loss of one or more of their limbs or causes them immobility, such conduct must be punished with the aforementioned penalty reduced by one-third (1/3).

PECUNIARY SANCTIONS. Pecuniary sanctions must be adjusted according to the following rules: 1) The infractions indicated in the previous Chapter must be sanctioned with fines of:

• a)

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

• b)

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

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

• 1)

  Closure of the establishment, when applicable;

• 2)

  Temporary or permanent suspension of commercial activities;

• 3)

  The seizure of animals subject to illegal activities or abandonment; and,

• 4)

  Temporary or permanent suspension of the legal status of infracting associations.

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

• 1)

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

• 2)

  The intent for 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. This Law shall become effective six (6) months after its publication in the Official Gazette La Gaceta. Given in the City of Tegucigalpa, municipality of the Central District, in the Session Hall 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 LOPEZ SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY To the Executive Power. Therefore: Execute. Tegucigalpa, M.D.C., January 19, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION RIGOBERTO CHANG CASTILLO