§11-Permit Animal Welfare Act

Who

• keep animals in an animal shelter or similar establishment,
• keep animals in a zoological garden or other establishment where animals are kept and exhibited,
• bring or import vertebrate animals that are not farm animals into the country for the purpose of sale in return for payment or other consideration or arrange the sale of such animals that are to be or have been brought or imported into the country in return for payment or other consideration,
• train dogs for third parties for protection purposes or maintain facilities for this purpose,
• organize animal exchanges for the purpose of exchanging or selling animals by third parties
• commercially breed or keep vertebrate animals, with the exception of farm animals and wild game,
• trade in vertebrate animals on a commercial basis,
• maintain a riding or driving operation on a commercial basis,
• commercially exhibit animals or make them available for such purposes,
• combat vertebrate animals as pests on a commercial basis or
• commercially train dogs for third parties or instruct the training of dogs by the animal owner

requires a permit from the competent authority.

The requirements for commercial breeding are generally met if a breeding unit reaches the following size or sales volume:

• Dogs: 3 or more bitches capable of reproduction or 3 or more litters per year,
• Cats: 5 or more cats capable of reproduction or 5 or more litters per year,
• Rabbits, chinchillas: more than 100 young animals as pets per year,
  Guinea pigs: more than 100 young animals per year,
• Mice, hamsters, rats, gerbils: more than 300 young animals per year,
• Reptiles: more than 100 young animals per year, turtles: more than 50 young animals per year.
• As a rule, commercial breeding is deemed to exist if young birds are regularly sold and more than 25 breeding pairs of bird species up to and including cockatiel size, more than 10 breeding pairs of bird species larger than cockatiels (exception: cockatoo and macaw: 5 breeding pairs)

are kept or, in the case of other pets, sales revenue of more than € 2000 per year is expected.

The permit may only be issued if

1. the person responsible for the activity has the specialist knowledge and skills required for the activity on the basis of their training or previous professional or other contact with animals; proof of this must be provided to the competent authority in a specialist interview on request,
2. the person responsible for the activity has the necessary reliability,
3. the rooms and facilities used for the activity enable the animals to be fed, cared for and housed in accordance with the requirements of Section 2.

The department does not generally check the existence of requirements under building law, emission control law, trade law or species protection law. For example, animal shelters and boarding kennels are not permitted under building law in residential areas. The department therefore recommends checking the requirements of other areas of law with the relevant authorities before submitting an application.

If relevant training or professional activity cannot be proven and if the person is not known to be suitable, the expertise must be proven in an expert discussion with the official veterinarian.

As a rule, proof of reliability requires a

• police clearance certificate for submission to a public authority
  and information from the
• information from the central trade register
  is required.

The General Administrative Regulation on the Animal Welfare Act contains detailed regulations on the granting of permits. In Baden-Württemberg, the law on participation rights and the right of recognized animal welfare organizations to take legal action (TierSchMVG) must also be observed.
The typical permit procedure is described below:

1. Once an application has been received, the district office checks that it is complete and plausible and requests further documents if necessary.
2. If the documents are complete, the joint office of the recognized animal welfare associations is informed of the permit procedure with the following minimum information: Type and scope of the intended activity, the animal species concerned, the number of animals involved and the qualifications of the person responsible for the activity. The recognized animal welfare associations then have four weeks to comment on the licensing procedure. The recognized animal welfare associations can request expert opinions and statements and can also inspect files on request.
3. If the person responsible cannot provide evidence of relevant professional training, the district administration office will suggest alternatives for providing evidence of expertise (e.g. specialist interview with an official veterinarian, possibly with the involvement of an expert). If sufficient knowledge is not demonstrated during a specialist interview, there is the possibility of a re-examination after six weeks at the earliest.
4. An official veterinarian will inspect the husbandry facilities or the facilities and equipment used for the activity by appointment. If the requirements of the Animal Welfare Act are not fully met, these deficiencies are named. As soon as the applicant states that the deficiencies have been rectified, a further inspection appointment is held if necessary.
5. The District Office will provide information on the conditions required to protect the animals before issuing the permit. The applicant is given the opportunity to comment on this before the permit is issued.
6. The decision on the permit is issued in writing and is subject to a fee.
7. Without exception, the joint office receives a multiple copy of the permit in its entirety. It forwards the permit to the recognized animal welfare associations. In accordance with the TierSchMVG, these associations have the option to object to the permit under certain conditions.