HEALTHPLAN MAGAZINE

As of September 29th, Spain has ushered in a new era of animal protection and welfare with the implementation of the Animal Protection and Welfare Act, which was initially approved in February. This sweeping legislation carries the power to impose substantial fines, ranging from hundreds to tens of thousands of euros, targeting various common practices, particularly those concerning pet owners.

Eloi Sarrió, a prominent animal rights lawyer and the director of Aboganimal, emphasised that the fines collected under this law will be exclusively allocated for actions aimed at safeguarding animals, unequivocally ruling out their diversion for other purposes.

Under this comprehensive law, minor infractions will be subject to administrative sanctions, while more severe violations will be prosecuted under the Penal Code. Some of the most prevalent improper behaviors among the owners of Spain's 13 million pets are now explicitly prohibited and subject to punitive measures.

1. Breeding Regulations

While the law does not mandate the sterilisation of dogs, it does require preventive measures to be taken to curb their reproduction, which need not involve surgical procedures, according to Sarrió. For adopted dogs, sterilisation is mandatory, whereas for purchased dogs, it is not explicitly required, although any offspring must be registered. The law seeks to discourage unscrupulous individuals from profiting by selling animals without proper breeding credentials or with illegal kennels, imposing fines ranging from €50,001 to €200,000.

2. Tethering Dogs Outside Shops

Despite some establishments providing anchor points on their outer walls for tethering pets, leaving a dog tied to a shop's door or any other public place without supervision will constitute a minor offence, with fines ranging from €500 to €10,000.

3. Leaving Dogs Unattended at Home

The legislation stipulates that domestic dogs cannot be left unsupervised for a continuous period of 24 hours, constituting a minor offence, and can incur fines ranging from €500 to €10,000. Similarly, other pets such as cats and fish cannot be left alone for more than three consecutive days. Furthermore, keeping pets on terraces, balconies, rooftops, storage rooms, basements, patios, or in vehicles is strictly forbidden and considered a serious offence, punishable by fines ranging from €10,001 to €50,000. It is worth noting that this law does not extend its protection to hunting dogs, livestock animals, or other animals used for professional purposes, with the exception of circus animals.

4. Animal Cruelty

Regardless of an animal's behavior, it is prohibited to resort to physical violence as a means of punishment or control. The use of aggressive or violent training methods, including withholding food or the use of electric, impulse, or choke collars, is expressly prohibited and can result in fines ranging from €10,001 to €50,000.

5. Animal Abandonment

The act of releasing a pet into the natural environment or onto a public road is regarded as a serious offence, carrying fines from €10,001 to €50,000. Additionally, failing to retrieve a pet from the veterinarian, groomer, or kennel, or neglecting to report a lost or stolen pet, is also considered an offence.

6. Kennel Euthanasia

The law strictly forbids the euthanisation of animals for economic, age, or overpopulation reasons. In the past, kennels often engaged in unjustified culling practices to make room or save costs by euthanising animals they no longer wanted or those that were injured. Violation of this provision can result in fines of up to €200,000 and even the possibility of imprisonment. Unauthorised individuals are also barred from performing euthanisations in kennels, which is regarded as an intrusion and constitutes a crime.

7. Poisoning of Cats

Killing stray cats, categorised as "community cats," is punishable by fines of up to €200,000 and a potential prison sentence of up to 24 months.

8. Reporting Ownership of Dangerous Species

Failure to report ownership of arthropods (spiders or scorpions), certain fish species like piranhas or balloon fish, amphibians, venomous reptiles (e.g., coral snake, Komodo dragon, or rattlesnake), reptiles exceeding two kilograms, or primates and wild mammals exceeding five kilograms by March 29, 2024, is classified as a minor offence. This requirement aims to ensure that authorities are aware of potentially hazardous animals kept by private individuals for public safety reasons.