Chapter 1 General requirements

  • 1. Intention
    The intention of this Act is to promote good animal welfare and respect for animals.
  • 2. Scope
    The Act applies to conditions which affect welfare of or respect for mammals, birds, reptiles, amphibians, fish, decapods, squid, octopi, and honeybees. The Act applies equally to the stages of development of the animals referred to in cases where the sensory apparatus is equivalent to the level of development in living animals.

The Act applies, subject to the limitations allowed for by agreement with foreign nations or organisations, to Norwegian land territory, territorial waters, the Norwegian economic zone, aboard Norwegian ships and aircraft, on installations located on the Norwegian continental shelf, and to Svalbard, Jan Mayen, and the dependencies. The King may in regulations lay down specific requirements including exceptions to the provisions of the Act, for Svalbard, Jan Mayen, and the Norwegian dependencies, taking into regard local conditions.

  • 3. General requirement regarding the treatment of animals
    Animals have an intrinsic value which is irrespective of the usable value they may have for man. Animals shall be treated well and be protected from danger of unnecessary stresses and strains.
  • 4. Duty to help
    Anyone who discovers an animal which is obviously sick, injured, or helpless, shall, as far as possible, help the animal. If it is impossible to provide adequate help, and the animal is domesticated or a large wild mammal, the owner or the police shall be alerted immediately.

If it is obvious that the animal will not survive or recover, the person who discovered the animal may kill it at once. However, domesticated animals or large wild mammals shall not be killed if it is possible to alert the owner, a veterinarian, or the police, within reasonable time.

Necessary expenses for action taken in accordance with this Section shall be covered by the state, but the expenses related to helping domestic animals may be recovered from the animal keeper or the owner.

The requirements in the first and second paragraph apply equally for persons who injure animals, but a person responsible for injury to an animal may not claim reimbursement of expenses for action taken.

The King may issue specific regulations regarding covering of expenses.

  • 5. Duty to alert
    Anyone who has reason to believe that an animal is exposed to mistreatment or serious neglect regarding the environment, supervision and care, shall alert the Norwegian Food Safety Authority or the police as soon as possible. The duty to alert applies subject to the limitations of other legislation.

Anyone who becomes aware that a large number of wild or stray animals are exposed to sickness, injury or other abnormal suffering, shall as soon as possible inform the Norwegian Food Safety Authority or the police.

  • 6. Competence and responsibility
    The animal keeper shall ensure that animals are looked after by sufficient and appropriately competent personnel. Others must have the competence necessary to carry out the activity in which they are involved.

The guardian may not allow children less than 16 years of age to have independent responsibility for animals.

The animal keeper must not entrust animals to persons of who there is reason to believe that cannot or will not treat the animal appropriately.

The King may issue specific regulations regarding requirements for education, training and competence, including approval and authorisation of personnel.

  • 7. Requirement for registration or approval
    The King may issue specific regulations regarding establishment, location, design, and operation of activities covered by this Act. This includes regulations regarding approvals, withdrawal of approvals, reporting, registration and certification and withdrawal or expiry of certification.
  • 8. Industrial methods, equipment, and technical solutions
    The animal keeper shall ensure that industrial methods, equipment, and technical solutions which are applied to animals, are suitable for the purpose of ensuring the animals’ welfare.

Anyone who markets or trades in new industrial methods, equipment and technical solutions for use on animals or in animal holdings, shall ensure that they are tested and found to be suitable, taking animal welfare into account.

The King may issue specific regulations regarding trade and use of certain industrial methods, equipment and technical solutions, including certification and documentation regarding suitability.

  • 9. Medical and surgical treatment
    Medical and surgical treatment shall be carried out taking into account the animal’s welfare, and protect the animal’s functional ability and quality of life.

Surgical procedures or removal of body parts must not be carried out unless there is a justifiable reason to do so out of consideration for the animal's health. Justifiable marking of kept animals is still permitted. Dehorning and castration is permitted when necessary for animal welfare reasons, or other specific reasons.

In the case of painful procedures, necessary anaesthesia and pain relief shall be used.

The King may issue specific regulations regarding medical and surgical treatment, including setting specific conditions for or banning certain forms of such treatment and make exceptions from the second paragraph.

  • 10. Identity marking of animals
    When marking animals, appropriate methods must be used, which do not impose behavioural limitations or unnecessary stresses and strains on the animal.

The King may issue specific regulations regarding requirements for marking of animals, including mandating and prohibiting marking and marking methods, mandating that marked animals shall be registered in a register and determine who shall have access to the information in such a register. Specific regulations may also set requirements for re-locating or euthanising unmarked animals without compensation to the owner.

  • 11. Transportation
    Transportation shall take place in such a way as to ensure least possible strain for the animal. Animals shall only be transported when they are in such a condition that it is justifiable to complete the entire journey.

The means of transport shall be suitable with regard to the animal’s safety and characteristics. The animals must have necessary supervision and care during transport.

The King may issue specific regulations regarding transportation of animals.

  • 12. Killing of animals
    Killing of animals, and handling in connection with the killing, shall take place having regard to the animals’ welfare. Anyone using equipment for stunning or killing shall ensure that the equipment is suitable for the purpose and maintained.

Animals which are owned or otherwise kept by people must be stunned before being killed. The stunning method shall ensure loss of consciousness, which lasts from the killing starts until death occurs. The requirement for stunning before killing does not apply if the animal is killed using a method which provides immediate unconsciousness. After the killing of the animal, it shall be ensured that the animal is dead.

Killing under emergency circumstances shall take place in compliance with the first and second paragraph if possible.

The killing of animals must not take place as an independent element of entertainment or competition.

The King may issue specific regulations regarding requirements for the environment, equipment, and handling in connection with the killing of animals. The King can make exceptions to the provisions in the second paragraph for animals other than terrestrial animals and marine mammals.

  • 13. The use of animals for experimental procedures, education and medical activities
    In order to breed, keep, provide, euthanise or use animals for experimental procedures, for educational purposes other than education in general care and handling, or in connection with medical activities, both the institution and the person responsible for the relevant activity must be granted permission by the competent authority.

Permission referred to in the first paragraph cannot be granted if the intention can be achieved without the use of animals, or if the animals may be subjected to unnecessary stresses and strains. The number of animals used shall be restricted to the number necessary, and the animals should be subjected to least possible strain.

In permits under this provision, exceptions can be made from the Act of 15 June 2001 number 75 relating to veterinarians and other animal health personnel § 18 first paragraph nr. 3, in order that someone other than a veterinarian or fish health biologist can carry out complete or local anaesthetisation of the animal.

The King may issue specific regulations regarding the use of animals in experimental procedures, education, and medical activities, including prohibition of certain types of experimental procedures and medical activities, prohibition of the use of certain animal species in experimental procedures and medical activities, and regarding permission and exceptions to the requirement for permission.

The King may issue specific regulations regarding exceptions from the provisions in Chapter I and II of this Act for the use of animals in experimental procedures.

  • 14. Specific prohibitions
    It is forbidden to:
  1. commit violence against animals,
  2. abandon animals in a helpless condition,
  3. have sexual interaction with or perform sexual acts with animals, and
  1. use live animals for feed or bait.
  • 14 a. Depiction and showing etc. of sexual abuse of animals
    It is forbidden to:
  1. produce depictions of sexual interaction with animals or sexual acts with animals,
  2. offer, transfer to others, make available or otherwise seek to distribute depictions as specified in letter a,
  3. acquire, import, or possess such depictions as specified in letter a, or gain access to such material, or
  1. witness a showing of sexual interaction with animals or sexual acts with animals.

The provision does not apply to showings or depictions that must be regarded as justifiable for artistic, scientific, informational, or similar purposes.

  • 15. Buildings, fences, and other minor installations
    Buildings, fences, and other minor devices and installations shall be designed or built and maintained in such a way that animals are not subjected to the risk of unnecessary stresses and strains. Barbed wire shall not be used in fences to regulate the movement of animals.

The person responsible for the building, fence, device, and installation shall carry out supervisions and take necessary action in order to discover, prevent, and reduce the risk for unnecessary stresses and strain.

The King may issue specific regulations regarding buildings, fences etc., including on the prohibition and removal of such installations, as well as on exceptions from the prohibition against the use of barbed wire in fences.

  • 16. Traceability. Labelling of animal products
    The King may, for the purpose of protection of animal welfare, issue specific regulations regarding traceability of animals or animal products.

The King may issue specific regulations regarding labelling of animal products, including regulations regarding obligatory and voluntary labelling schemes.

  • 17. Trading etc. in animal products
    The King may in regulations limit, impose requirements for or prohibit the production, trading, import and export of products from animals that are covered by this Act. This applies subject to the limitations allowed for by agreement with foreign nations or international organisations or from public international law in general.
  • 18. Access to property and the obligation to assist
    The competent authority shall have the unhindered access to sites or premises where there is reason to believe that animals are held or other activity covered by this Act takes place. Where the competent authority is not given unhindered access and there is reason to believe that animals are being subjected to unnecessary stresses or strains, the competent authority can, if necessary, gain access with the assistance of the police. The police shall have equivalent access when requested to assist by the competent authority. Foreign inspectors may participate in inspections etc. when this is necessary in order to fulfil Norway’s international obligations.

Anyone who is subjected to an inspection under this Act shall provide, free of charge, necessary premises, furniture and fixtures, assistance and equipment to assist the control, and otherwise be helpful in facilitating the inspection.

  • 19. Obligation to provide information, documentation and control activities
    The animal keeper and others who have duties under this Act must, on request from the competent authority, provide information, notification, reports, documentation and access to documents which are of significance for the competent authority’s compliance control under this Act, or provisions issued pursuant to this Act. Others who may have relevant information must, on request from the competent authority, provide necessary information.

The King may issue specific regulations regarding the content of the duty to provide information and documentation, and the duty to establish and carry out systematic control measures.

  • 20. Hunting, catching, and fishing
    Hunting, trapping, and fishing must be carried out in an animal welfare-responsible manner.

The King may issue further regulations on hunting, trapping, and fishing of wild animals.

The King may issue regulations regarding hunting, trapping, and fishing of animals which are owned or otherwise kept in captivity, including training for such activities, as well as prohibiting or requiring a permit for such activities.

  • 21. Capturing and handling of animals that live in the wild
    The King may issue regulations regarding the capturing and handling of wild animals, including conditions for and prohibitions on such activities.

Chapter II. Animal keeping

  • 22. General conditions for keeping animals
    Animals may only be kept if they can adapt to the method of keeping in a satisfactory way with regard to animal welfare.

The King may issue specific regulations in order to limit or prohibit the keeping of certain animal species, breeds, or strains.

  • 23. The animals’ living environment
    The animal keeper shall ensure that animals are kept in an environment which provides good welfare based on species-specific and individual needs, including providing opportunities for stimulating activities, movement, rest, and other natural behaviour. Animals’ living environment must promote good health and condition and contribute to safety and well-being.

Animals must have access to suitable and safe shelter outside the normal grazing periods.

The King may issue specific regulations regarding requirements for animals’ living environment, including regulations regarding suitable and safe shelter, action to prevent, discover and extinguish fire, and exceptions from the requirement for shelter.

  • 24. Attention, care, and feeding
    The animal keeper must ensure that the animal receives good supervision and care, including securing that:
  1. feed, pastures and water are of good quality, satisfy the animal’s need for nutrition and fluids, and stimulate good health and welfare. Animals shall not be fed or hydrated forcibly unless it is done for animal health reasons, 
  2. animals are protected from injury, sickness, parasites, and other dangers. Sick and injured animals shall be given appropriate treatment and be euthanised if necessary,
  1. spreading of infectious disease is limited, and
  2. animals, where appropriate, are suitably tame in order to be handled and cared for in an acceptable manner with regard to animal welfare.

The King may issue specific regulations on requirements for the scope of supervision and care, and regarding protection and treatment of animals.

  • 25. Breeding
    Animal keepers, breeders, breeding organisations, and breeders’ clubs for specific breeds, shall in their breeding practices promote traits which result in robust, well-functioning and healthy animals.

 

Breeding, including through methods of gene technology, shall not be carried out such that it:

  1. changes genes so that they negatively influence the animals’ physical or mental functioning, or passes on such genes,
  2. reduces the animals’ ability to express natural behaviour, or 
  3. evokes general ethical concerns.

Animals with a genetic constitution as cited in the second paragraph shall not be used for subsequent breeding.

The King may issue regulations regarding breeding in accordance with the principles of this Section, also on breeding activities in breeding organisations and breeders clubs for specific breeds.

  • 26. Training, displaying, entertaining and competition
    Anyone who trains animals or who uses animals for displaying, entertainment and competitions, including those who organise such activities, shall ensure that the animals:
  1. are capable of carrying out the activity without becoming exhausted or injured,
  2. are not subjected to, or influenced by, substances or treatment which can render the activity unacceptable with regard to animal welfare,
  3. are not intentionally subjected to fear, injury or unnecessary stresses and strains, and
  1. are not trained for or used in fights against other animals or people.

The King may issue specific regulations regarding training, displaying and competitions etc., including setting requirements regarding specific approval, or prohibiting various forms of such activity, banning the use of certain species, and banning certain forms of substances and treatment.

The King may make exceptions from the first paragraph.

  • 27. Trading of animals and caretaking of animals belonging to others
    Anyone who sells or entrusts animals to someone else shall provide the person receiving the animal with necessary information regarding conditions which are of relevance to the animal’s welfare.

The King may issue specific regulations regarding import, export, trading, re-homing, raffling, renting and loan of animals as well as regarding professional care of animals belonging to others, including issue a ban against such activities. The King may issue regulations regarding which information should accompany the animal when the animal is transferred from one person to another.

  • 28. The release of animals into the wild
    An animal may only be released from captivity into nature to live wild if the animal has a good possibility to adapt to and survive in its new environment.

The King may in regulations establish requirements for or bans against the release of animals into the wild.

Chapter III. Administrative orders and sanctions

  • 29. Charges and fees
    The King may issue regulations regarding the collection of fees to cover the costs of supervision, control and specific services under this Act and regulations made under this Act.

The King may issue specific regulations regarding the obligation for businesses covered by the Act concerning food production and food safety of 19 December 2003 No 124 (The Food Act) to pay a charge on foodstuffs. The charge shall cover the costs of supervision and control under this Act of keeping and use of animals for food production, when the costs are not covered by the fees referred to in the first paragraph.

The King may issue regulations regarding the obligation for producers or importers to pay a charge on feed for animals which are not used for food production. The charge shall cover the cost of supervision and control under this Act of the keeping and use of animals which are not used for food production, and when the costs are not covered by the fees referred to in the first paragraph.

The King may issue specific regulations regarding the calculation of fees and charges, and regarding the recovery and payment of these.

In the case of delayed payment of charges and fees, interest shall be paid in accordance with the Act 17 December 1976 No 100 concerning interest on delayed payments.

Charges and fees may be recovered by execution proceedings.

  • 30. Control and decisions
    The Norwegian Food Safety Authority conducts controls and can make decisions necessary to ensure compliance with this Act or regulations under this Act.

The Norwegian Food Safety Authority appoints animal protection boards in order to ensure the layman principle in animal welfare work. The boards are a part of the Norwegian Food Safety Authority.

The King may delegate authority to public or private organisations other than the Norwegian Food Safety Authority, and issue regulations concerning the appointment of an appeal body in such cases.

The King may issue specific regulations regarding the control practice, and the appointment of, the composition of and management of control bodies.

  • 30 a. The relation to the Services Act
    The King may issue regulations regarding procedural rules to complement the rules of the Services Act, including time limits for case processing and legal effects of exceeding the time limit.

Exceptions to the Services Act § 11 second paragraph can only be made when it is justified by compelling public interests, including the consideration of private individuals’ interests worthy of protection.

The procedural rules may deviate from the rules in this Act and the Public Administration Act.

  • 31. Compensation
    In the case of an intrusive decision to restrict grazing in order to protect domesticated animals from predators under § 30, the owner of the animal has a right to financial compensation. The King may issue specific regulations regarding the right to, conditions for and measurement of such compensation.
  • 32. The execution of orders, temporary custody of animals etc.
    In the case of non-compliance with the decision made by the competent authority, or the responsible person is unknown, or it is necessary to carry out the action without delay, the competent authority can take the necessary actions itself.

The competent authority or the police may, by decision, take temporary custody of animals, or otherwise ensure that the animal receives the necessary supervision and care. Decisions made by the police will be repealed unless they are confirmed by the competent authority within 7 days. The responsibility for animals covered by a police decision is transferred to the competent authority when the decision is confirmed.

Temporary custody of animals shall not last longer than necessary. If the competent authority decides that the animal cannot be returned to the owner, the competent authority may decide to sell, re-home or euthanise the animal.

The competent authority may decide that actions under the first and second paragraph and decisions to euthanise under the third paragraph, can be carried out at the expense of the animal keeper or other responsible party. Amounts owed are compulsory grounds for attachment. If the animal is sold, the sales price shall be paid to the owner with deductions for costs related to the custody and selling of the animal.

When the competent authority requests assistance, the police shall assist in the execution of control and decisions.

The King may issue specific regulations regarding the execution of orders and temporary custody of animals.

  • 33. Ban against activities covered by the Act
    Anyone who fails to comply with essential orders or seriously or repeatedly violates provisions made in or pursuant to this Act, can be imposed by the Norwegian Food Safety Authority with the necessary prohibitions on activities covered by this Act. The prohibition may apply to all or some species, one or more activities, for a certain period or until further notice.

In connection with criminal proceedings, the court may impose a ban as mentioned in the first paragraph.

  • 34. Administrative violation fines
    The competent authority may impose an administrative violation fine on any person who intentionally or negligently fails to comply with regulations in or under this Act. The size of the fine shall be in proportion to the seriousness of the breach, profits made by the responsible person in connection with the breach and costs on the part of the competent authority in connection with control actions and administration of the case.

Administrative violation fines owed, may be recovered by enforcement proceedings.

The King may issue regulations regarding administrative violation fines, including the determination and calculation of the fines.

  • 35. Coercive fines
    The competent authority may impose, on any person who fails to comply with a decision within the stated deadline, coercive fines, either as a one-off fine or as ongoing daily fines.

The size of the coercive fine shall be determined taking into account the importance of the implementation of the decision, and which costs are likely to incur.

The coercive fine may be determined in connection with the issuing of the decision when it is considered necessary that the deadline is met.

Decisions on coercive fines may be recovered by enforcement proceedings. The competent authority may waive accrued coercive fines.

The King may issue specific regulations regarding the determination and calculation of coercive fines.

  • 36. The establishment of data registers
    The competent authority may establish new or connect to existing data registers when it is necessary in order to fulfil the intention of this Act or comply with international agreements to which Norway is a party.

The King may issue regulations regarding the obligation to provide information to such registers.

  • 36 a. Processing of personal data
    The competent authority may process personal data, including personal data as mentioned in the General Data Protection Regulation articles 9 and 10, when this is necessary to exercise authority or perform other tasks according to this Act.

The King may issue regulations regarding the processing, including the purpose of the processing, responsibility for processing, which personal data may be processed, about whom personal data may be processed, the use of automated decisions, access to further processing, disclosure, register keeping and access to registers.

  • 37. Punishment
    Intentional or grossly negligent violation of the provisions in or pursuant to this Act or decision made pursuant to this Act, is punishable with fines or imprisonment for a maximum of 1 year, or both, provided the offence is not subject to more severe penal provisions.

Serious violations are punishable with imprisonment for a maximum of 3 years. When assessing the seriousness of the violation, the scale and effect of the violation and the degree of proven guilt shall be taken into account.

The regulations in the first and second paragraph do not apply in the case of breach of §§ 4, 5 and 6.

Chapter IV. Concluding Regulations

  • 38. Entry into force and status
    The King may issue regulations necessary to ensure compliance with Norway’s obligations under the EEA Treaty, hereunder decide that such regulations in the case of conflict shall take precedence over this Act.
  • 39. Amendments in other Acts
    – – –
  • 40. Entry into force and transitional provisions
    This Act comes into force as from the date set by the King. As of this date the following Acts are repealed: Act 20 December 1974 No 73 regarding animal protection and Act 19 April 2002 No 11 concerning the amendment of Act 20 December 1974 No 73 regarding animal protection.

Regulations or administrative decisions issued pursuant to Act 20 December 1974 No 73 regarding animal protection will continue to apply until they are repealed.