The Animal Welfare Law: Unfulfilled Promises and Potential Penalties

The Animal Welfare Law (Law for the Protection of the Rights and Welfare of Animals) comes into force this Friday, September 29, but much of the articles it will not be possible to fulfill. The Government, especially Unidas Podemos, was very quick to approve the controversial text last March, but since then no one has bothered to develop the regulations.

For example, there is still no training course for dog owners, but according to the law, the penalties for not having such a course can amount to up to 10,000 euros. The same happens with the records of non-professional breeders or with the facilities necessary to house all the animals that the Government has ordered to be requisitioned. And these are just some examples of the many botches that remain to be resolved in a law that no one seems to be happy with.

Course and mandatory insurance for dogs

All those who have a dog, or want to have one, are required to complete a training course, which according to the law, “will be free” and “its content will be determined by regulation.” Fines for not having the course can range from 500 euros to 10,000 euros, but the law cannot be applied in this regard because the course does not yet exist.

In relation to the obligation to contract and maintain in force a liability insurance on the part of dog owners, it is also something that should come into effect this September 29. But, according to the Spanish Association of Industry and Commerce of the Pet Sector (AEDPAC), “in pure legal terms, it is not effectively applicable until the regulatory development of said precept occurs, in accordance with the provisions in the same”.

They also remember that, in this sense, regional and local regulations must be taken into account, which already establish, in some cases, the obligation to have civil liability insurance for dog possession. And in the case of the potentially dangerous dogs, the specific regulations requires that the minimum civil liability insurance coverage be at least 120,000 euros.

On the other hand, it is recommended to consult insurance companies to advise on dogs that could be included in home insurance policies, depending on their type, applicable regulations and other aspects.

Mandatory identification

The same happens with the obligation to “adopt the necessary measures to prevent uncontrolled reproduction” of the animals. This measure will affect females that become pregnant starting next September 29, which will be considered a minor infraction punishable with a warning or fine of 500 to 10,000 euros. The only way to avoid this fine is to be registered as a breeder and to have registered the female in the pet registry as a “reproducer.”

What is the problem? Still There is no type of registration for private breedersthat is, for those who have a dog but are not permanently dedicated to the business of selling puppies with facilities declared a zoological nucleus and a veterinarian on staff (among many other requirements).

The identification of dogs, cats and ferrets will also be mandatory by means of microchip, as well as its registration in the corresponding Autonomous Community. In the case of birds, it will also be mandatory to identify them by ringing or microchipping and register them. “However, pending regulatory development is whether birds can be registered in the Companion Animal Registry of each Autonomous Community, which is not possible now,” says AEDPAC.

Emergency services and feline colonies

Starting next September 29, all town councils in Spain will have to have a mandatory “emergency service for the collection and veterinary care” of lost and abandoned animals “available twenty-four hours a day.” This management will fall largely on the municipal veterinarians. However, only 20% of municipalities with more than 20,000 inhabitants have this type of professionals, so the Association of Municipal Veterinarians has already made it clear that “today, the law cannot be complied with.”

Furthermore, the animal law obliges local administrations to develop Feline Colony Management Programs in which they must encourage citizen collaboration to care for community cats, take responsibility for their health care, vaccinate them, deworm them, feed them, create a protocol to resolve neighborhood conflicts that cats may cause, and even take responsibility for managing the feline colonies that are on private properties.

On May 9, the Animal Rights Directorate, dependent on the Ministry of Social Rights and Agenda 2030 of Ione Belarra, launched a call for subsidies for local entities aimed at “improving and promoting population control of feline colonies.” For now, Only 101 municipalities have benefited from this aid. of the 8,131 municipalities in Spain.

Requisitioned animals

Another point that seems unlikely to be met is the obligation that owners of iguanas, snakes or poisonous spiders have to report themselves to the authorities so that they can proceed to remove these types of pets. “It is not clear who the competent authority is; however, it is understood that reference is made to the regional authorities. We do not see that the intervention of these animals is possible, since the authorities do not have such capacity nor do they have entities that can handle them. can house”, points out AEDPAC, which also highlights that “the final decision of what will happen to these animals rests with the Autonomous Communities”.

Purchasing animals and pet stores

Las pet stores They have more time to adapt to the law. All those who have dogs, cats and ferrets for sale right now will have until September 29, 2024 to continue carrying out this activity. From that date on, dogs, cats and ferrets can only be sold from registered breeders.

However, they are required to ensure that the sale of any pet is always carried out through a written contract of sale and its minimum clauses will be established by regulation. But we are in the same situation, “since the regulatory development of the law has not yet been approved, this article may not be applicable,” says AEDPAC.

As of September 29, the direct sale of any pet through internet, web portal or telematic medium. However, sales advertisements through any means of communication are allowed as long as the advertisement includes the registration number of the breeder or the zoological nucleus of the sales establishment, as well as the identification number of the animal, if applicable.