Spain has waited for a formal confirmation for years. The animal welfare law finally holds a national character. Until now, protections for animals were governed by municipal ordinances and regional rules. When it seemed a single unified framework would emerge, the result was chaos and confusion instead.
That confusion helps explain why the law raises many questions. One common doubt is whether it would ban killing a mouse that could slip into a home at a certain hour.
These are the keys to the new Animal Welfare Act.
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In this context, it is important to note that Article 1 of the law clearly states its purpose: to guarantee the well-being and protection of all animals, both pets and those that live in captivity. Therefore, when the law mentions a rat or a mouse, it refers to animals that live freely in rural areas or city streets, animals that are wild and can enter homes, especially on ground floors or in chalets. The answer is that the law does not regulate them. The situation changes when referring to a pet such as a hamster, gerbil, or guinea pig, which would fall under different, later provisions.
It should be noted that the reform does not lie within animal welfare terms alone but also involves ongoing changes to the Penal Code. Article 337 expands the crime of ill treatment beyond a few species to include any vertebrate animal. This means that killing a mouse could be considered a crime, and the same reasoning would apply to hunting a snake or a lizard. In practice, because rats are seen as a public health issue, the law could interpret such acts as unacceptable.
The same is not true for lizards or snakes, where a separate issue exists due to their public health implications and the problem of invasion.
Five other prohibitions and obligations of the new Animal Law
- The dog knowledge test requires dog owners to demonstrate understanding in three areas: care and veterinary needs, animal welfare, and relevant legislation. The test is intended mainly as an informational resource rather than a punitive measure, and the supporting documents can be downloaded and completed online for free.
- Liability insurance for dog owners is mandatory. This insurance covers damages to third parties, similar to the regulations already in place in Madrid and the Basque Country. The aim is to shield others from potential incidents caused by pets.
- The Penal Code reform doubles the penalties for animal abuse. The maximum penalty for killing an animal rises to 36 months in prison. The reform also extends protections to all vertebrate animals, not only domestic ones.
- There is a prohibition on feeding animals with internal organs, carcasses, or other remains that have not passed health checks. It is also forbidden to use animals as incentives, prizes, or promotional tools in campaigns or advertising.
- Leaving a dog on a balcony is forbidden. Tying up or neglecting vertebrate animals is restricted, and the regular maintenance of dogs and cats on terraces, balconies, roofs, warehouses, basements, courtyards, or vehicles is not allowed. Transporting animals while attached to moving vehicles is likewise prohibited.