Animal Welfare Act
(AniWA)

Art. 31 Prosecution 44

1 The pro­sec­u­tion and ad­ju­dic­a­tion of of­fences is a mat­ter for the can­tons.

2 The FS­VO shall in­vest­ig­ate and judge con­tra­ven­tions as defined in Art­icle 27 para­graph 2 that come to light in the con­text of the im­port, trans­it or ex­port of an­im­als and an­im­al products at the au­thor­ised bor­der in­spec­tion points. If, at the same time, there has been a con­tra­ven­tion of the Cus­toms Act of 18 March 200545 or the Value Ad­ded Tax Act of 12 June 200946, the Fed­er­al Of­fice for Cus­toms and Bor­der Se­cur­ity (FO­CBS) shall in­vest­ig­ate and judge the con­tra­ven­tions.47

3 If, in the im­port, trans­it or ex­port of an­im­als and an­im­al products out­side of the au­thor­ised bor­der in­spec­tion points, there is at the same time a con­tra­ven­tion of the Cus­toms Act of 18 March 2005 or the Value Ad­ded Tax Act of 12 June 2009, the FO­CBS shall in­vest­ig­ate and judge the con­tra­ven­tions.48

4 If any con­tra­ven­tion as defined in para­graph 1, 2 or 3 sim­ul­tan­eously con­sti­tutes a con­tra­ven­tion to be pro­sec­uted by the same fed­er­al au­thor­ity un­der the Fed­er­al Act of 16 March 201249 on Trade in Pro­tec­ted An­im­al and Plant Spe­cies, the Cus­toms Act of 18 March 2005, the Value Ad­ded Tax Act of 12 June 2009, the Food­stuffs Act of 20 June 201450, the Epi­zo­ot­ic Dis­eases Act of 1 Ju­ly 196651, the Hunt­ing Act of 20 June 198652 or the Fed­er­al Act of 21 June 199153 on Fish­ing, then the pen­alty for the most ser­i­ous con­tra­ven­tion ap­plies; it may be in­creased com­men­sur­ately.54

44 Amended by No I of the FA of 15 June 2012, in force since 1 Oct. 2013 (AS 2012 6279; BBl 2011 7055). See also Art­icle 45a be­low.

45 SR 631.0

46 SR 641.20

47 Amended by No I 11 of the O of 12 June 2020 on the Amend­ment of Le­gis­la­tion as a con­sequence of the Change in the Name of the Fed­er­al Cus­toms Ad­min­is­tra­tion as part of its fur­ther De­vel­op­ment, in force since 1 Jan. 2022 (AS 2020 2743).

48 Amended by No I 11 of the O of 12 June 2020 on the Amend­ment of Le­gis­la­tion as a con­sequence of the Change in the Name of the Fed­er­al Cus­toms Ad­min­is­tra­tion as part of its fur­ther De­vel­op­ment, in force since 1 Jan. 2022 (AS 2020 2743).

49 SR 453

50 SR 817.0

51 SR 916.40

52 SR 922.0

53 SR 923.0

54 Amended by An­nex No II 2 of the Food­stuffs Act of 20 June 2014, in force since 1 May 2017 (AS 2017 249; BBl 2011 5571).

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