Draft, as of 15 January 2019 - Notification 
1 1. ------IND- 2019 0011 D-- EN- ------ 20190205 ---  --- PROJET 
 
Draft Act 
of the Federal Government 
 
Draft of an Act on the Introduction and Use of an A nimal Welfare Label  
(Animal Welfare Label Act [Tierwohlkennzeichengeset z – TierWKG]) 
 
A. Problem and objective 
Surveys have documented that many consumers would l ike a label for food products which 
provides information about the animal’s welfare dur ing the keeping, transport and slaughter 
of the livestock from which the food products are m ade. In general, many consumers are 
prepared to pay higher prices for food products of animal origin if they can credibly assume 
that animal protection standards which clearly exce ed the already existing minimum animal 
protection standards apply in the production of the se food products. There are already 
numerous private-sector labels on the German market  for food products which are based on 
various standards defined by the industry. The curr ent labelling of food products of animal 
origin with which standards higher than the statuto ry minimum animal protection standards 
are complied with during production is thus very di sparate. This causes confusion and a lack 
of transparency, resulting in consumer uncertainty.  The state-regulated labelling of food 
products of animal origin acts upon the expectation s of consumers, supports farmers and 
results in an improvement of animal welfare in live stock keeping. 
 
B. Solution 
A uniform animal welfare label which lays down bind ing criteria for products of animal 
origin extending beyond the already existing statut ory requirements will be introduced on a 
federal level. The use of the animal welfare label is voluntary, but it will be bound to the 
fulfilment of certain requirements for the keeping,  transport and slaughter of animals from 
which food products are made. These requirements wi ll be defined in detail by a statutory 
instrument to be enacted on the basis of this Act. Compliance with the requirements will be 
checked on a regular basis. 
 
C. Alternatives 
None. 
 
D. Budgetary expenditure exclusive of compliance co sts 
None. 
 Draft, as of 15 January 2019 - Notification 
2 E. Compliance costs 
E.1 Compliance costs for citizens 
None. 
 
E.2 Compliance costs for business 
The Draft will result in compliance costs for busin esses. 
[…] 
 
E.3 Administrative compliance costs 
The Draft will result in administrative compliance costs. 
[…] 
 
F. Additional costs 
No effects on individual prices are to be expected.   
[…] Draft, as of 15 January 2019 - Notification 
3 Draft Act of the Federal Government 
 
Act on the Introduction and Use of an Animal Welfar e Label  
(Animal Welfare Label Act [Tierwohlkennzeichengeset z – TierWKG]) 
 
From … 
 
The Federal Parliament has adopted the following Ac t: 
 
 
Section 1  
Purpose and use of the animal welfare label 
 
§ 1 Purpose 
 
This Act regulates the animal welfare label and its  use. 
 
§ 2 Labelling of food products 
 
(1) The animal welfare label may be used to label f ood products of animal origin if the 
requirements of this Act and the statutory instrume nts enacted in accordance with this Act 
have been fulfilled during the keeping, transport a nd slaughter of the animals from which the 
food products were made.  
 
(2) These requirements must clearly exceed the requ irements which must be fulfilled in 
accordance with the applicable regulations on the p rotection of the animals during their 
keeping, transport and slaughtering.  
 
(3) Several gradations are to be provided for in te rms of the requirements to be fulfilled. A 
higher level must provide stricter requirements tha n the respective level below it. 
 
                                                           
∗ Notified in accordance with Directive (EU) 2015/15 35 of the European Parliament and of the Council of  
9 September 2015 laying down a procedure for the pr ovision of information in the field of technical re gulations 
and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1). Draft, as of 15 January 2019 - Notification 
4 § 3 Advertising 
 
The animal welfare label may also be used for adver tising  
1.  for food products which may be labelled with the an imal welfare label, and  
2.  for companies which produce, transport or place on the market food products pursuant 
to Number 1.  
 
§ 4 Voluntariness 
 
The use of the animal welfare label is voluntary.  
 
 
Section 2  
Procedure to obtain entitlement to use the animal w elfare label 
 
§ 5 Use for domestic food products and domestic ani mals 
 
(1) Before the initial use of an animal welfare lab el, the party who intends to use the animal 
welfare label must notify the Federal Office of Agr iculture and Food (the Federal Office) of 
the planned use. A copy of the certification pursua nt to § 16(1)(3) is to be enclosed with the 
notification, and it shall indicate:  
1.  that the requirements of this Act and the statu tory instruments enacted on the basis of this 
Act have been met and, 
2.  that, if a statutory instrument pursuant to § 2 2(1) provides for gradations, the statutory 
instrument’s requirements for the level of animal w elfare label which the notifying party 
wishes to use have been met.  
 
(2) The Federal Office shall confirm the receipt of  the notification and the certification in 
written form within ten working days after receivin g them, and shall assign a list number.  
 
(3) The animal welfare label may only be used once the confirmation pursuant to (2) has been 
received. 
 
§ 6 Use for foreign food products and foreign anima ls  
 
(1) If the animal welfare label is to be used for t he labelling of food products which: 
1. are obtained in another Member State of the Euro pean Union (a Member State) or 
2. originate from animals which are kept, transport ed or slaughtered in a Member State, Draft, as of 15 January 2019 - Notification 
5 then the party responsible for transport from the M ember State shall notify this to the Federal 
Office before initial use. Documents are to be encl osed with the notification:  
1. which plausibly indicate that: 
a)  during the keeping, transport and slaughter of the animals from which the food 
products were made, which are to be indicated using  the animal welfare label,  
aa)  requirements were complied with which are at least equivalent to the 
requirements for the keeping, transport and slaught er of animals pursuant 
to this Act or a statutory instrument enacted on th e basis of this Act; and 
bb)  no circumstances are at hand which correspond to th ose described in 
§ 16(1)(2), 
b)  if a statutory instrument pursuant to § 22(1) provi des for gradations, 
requirements which are equivalent to those of the l evel of animal welfare label 
which is to be used have been met, 
c)  inspections concerning compliance with the requirem ents pursuant to (a) are 
conducted in the country of origin,  
aa)  the scope and frequency of which correspond to at l east the requirements 
of § 16(1) and (2) and  
bb)  which are conducted by bodies which meet requiremen ts which are 
equivalent to those in § 13(1), and 
2.which sufficiently document the following for tra ceability: 
a)  the keeping, transport and slaughter of the animals  from which food products 
are made which are to be labelled with the animal w elfare label; and  
b)  the production of food products from such animals.  
If the checks specified in sentence 2 Number 1 Lett er c are entirely conducted by official 
bodies, then the requirements listed there are deem ed to have been met. § 5(2) and (3) shall 
apply accordingly. 
 
(2) If the animal welfare label is to be used for t he labelling of food products which:  
1.  are obtained in a Non-Member State or  
2.  originate from animals which are kept, transported or slaughtered in a Non-Member 
State,  
this will require prior authorisation from the Fede ral Office. The authorisation is to be applied 
for by the party which is responsible for the impor tation from the Non-Member State. The 
Federal Office shall issue the authorisation if the  applicant:  
1.  has plausibly demonstrated that: 
a)  during the keeping, transport and slaughter of the animals from which the food 
products were made, which are to be indicated using  the animal welfare label,  
requirements were complied with which are at least equivalent to the Draft, as of 15 January 2019 - Notification 
6 requirements for the keeping, transport and slaught er of animals pursuant to this 
Act or a statutory instrument enacted on the basis of this Act; 
b)  if a statutory instrument pursuant to § 22(1) provi des for gradations, 
requirements which are equivalent to those of the l evel of animal welfare label 
which is to be used have been met; 
c)  inspections concerning compliance with the requirem ents pursuant to (a) are 
conducted in the country of origin,  
aa)  the scope and frequency of which correspond to at l east the requirements 
of § 16(1) and (2) and  
bb)  which are conducted by bodies which meet requiremen ts which are 
equivalent to those in § 13(1), and 
2. which has sufficiently documented the following for traceability: 
a)  the keeping, transport and slaughter of the animals  from which food products 
are made which are to be labelled with the animal w elfare label; and  
b)  the production of food products from such animals.  
 
If the checks specified in Sentence 3 Number 1 Lett er c are entirely conducted by official 
bodies, then the requirements defined there are dee med to have been met. § 16(1)(2) applies 
accordingly to the issue of the authorisation. The authorisation is to be connected to the 
allocation of a list number. 
 
§ 7 Transfer of packaged food products to third par ties 
 
A notification pursuant to § 5(1) is not required i f the animal welfare label is exclusively used 
in the scope of the transfer of packaged food produ cts to third parties.  
 
§ 8 Label user  
 
The label user is the party:  
1. to whom the Federal Office has confirmed the rec eipt of the notification pursuant to 
§ 5(2) or § 6(1)(4) in conjunction with § 5(2) and who may use the animal welfare label 
or  
2. who may use the animal welfare label as holder o f an authorisation pursuant to § 6(2).  
 
 Draft, as of 15 January 2019 - Notification 
7 Section 3  
Obligations of label users in the transfer of anima ls and products of animal 
origin 
 
§ 9 Accompanying documents 
 
(1) Subject to a statutory instrument pursuant to §  22(3)(1), label users are to provide the 
recipient with an accompanying document during the transfer of  
1. animals whose products are to be marked with the  animal welfare label, or  
2. products of animal origin which are or are to be  marked with the animal welfare label. 
The accompanying document must indicate that the tr ansfer was preceded by the fulfilment of 
the requirements of this Act and the statutory inst ruments enacted on the basis of this Act.  
 
(2) The accompanying document can also be created i n electronic form. In this case, an 
electronic transfer to the recipient by the time of  transfer will suffice. 
 
 
Section 4  
Announcements and publications of the Federal Offic e 
 
§ 10 Announcements of the label users and the appro ved inspection bodies 
 
(1) The Federal Office shall announce in the Federa l Gazette: 
1.  the name, address and list number of the label user s who have been given a 
confirmation pursuant to § 5(3) or § 6(1)(4) in con junction with § 5(2) or issued an 
authorisation pursuant to § 6(2); 
2.  the point in time as of which a label user is prohi bited from using the animal welfare 
label or as of which the label user refrains from u sing the animal welfare label; and 
3.  the name and address of the approved inspection bod ies. 
 
§ 11 List of label users  
 
(1) The Federal Office publishes a list of label us ers with specifications on: 
1. the name, address and list number of the label u sers, 
2. the level of the animal welfare label which the label user is allowed to use based on a 
statutory instrument pursuant to § 22(1). 
 
(2) Publication can be made in electronic form.  
 Draft, as of 15 January 2019 - Notification 
8 (3) The Federal Office deletes the information abou t a label user from the list without delay if 
the label user is prohibited from using the animal welfare label or the label user has refrained 
from further use of the animal welfare label.  
 
 
Section 5  
Inspection bodies 
 
Subsection 1  
Authorisation and cessation of activities 
 
§ 12 Inspection bodies  
 
The inspection body is the institution which the Fe deral Office has authorised as the 
inspection body for verifying fulfilment of the req uirements of this Act and the statutory 
instruments enacted on the basis of this Act for th e keeping, transport and slaughter of 
animals and for verifying compliance with the requi rements by the label users. 
 
§ 13 Authorisation of the inspection bodies 
 
(1)  An institution is to be authorised as inspection bo dy by the Federal Office if it is ensured 
that:  
1. it has the necessary organisational structures, the necessary personnel and the 
necessary resources to fulfil its tasks in a suitab le and independent manner, 
2. it has the necessary technical equipment which i s necessary to perform the checks 
and inspections properly, 
3.  it is independent of the bodies and persons whi ch  
a)  are involved with the keeping, transport or slaught er of animals from which 
food products are made which are to be labelled wit h the animal welfare label, 
and 
b)  are involved in the use of the animal welfare label  or are otherwise dependent 
of the results of the inspection bodies’ checks and  inspections, 
4.  the personnel it employs is reliable and has th e necessary qualifications and 
sufficient experience for the proper performance of  the checks and inspections and 
5.  it conducts suitable and effective quality assu rance with regular inspections. 
 
(2) The authorisation can be bound to special condi tions, even retroactively, if this is 
necessary to ensure fulfilment of the requirements pursuant to (1) or fulfilment of the 
obligations pursuant to § 16 to 20. Draft, as of 15 January 2019 - Notification 
9  
(3) The authorisation is to be revoked if the insti tution no longer meets the prerequisites for 
the authorisations. Contrary to sentence 1, the Fed eral Office may order the authorisation to 
be suspended, or in less important cases, refrain f rom revoking the authorisation, if it is to be 
expected that the prerequisites for the authorisati on can be fulfilled once again within a 
reasonable period of time.  
 
§ 14 Remuneration 
 
The inspection body may demand a reasonable remuner ation for its activity. 
 
§ 15 Cessation of activities  
 
(1) If an inspection body intends to cease its acti vity, it shall inform the label users it monitors 
and the Federal Office of this no fewer than three months before the anticipated end of its 
activity. If it files an application to initiate in solvency proceedings, it must give notice 
immediately upon filing the application.  
 
(2) Unless precluded by regulations under insolvenc y law, the inspection body may only 
cease its activities if it is ensured that monitori ng will continue to be carried out in relation to 
all of the label users under its supervision. 
 
Subsection 2  
Duties of the inspection bodies 
 
§ 16 Checks and inspections of the label users 
 
(1) At the request of the party intending to use th e animal welfare label, the inspection body 
shall check whether said party meets the requiremen ts of this Act and the statutory 
instruments enacted on the basis of this Act for th e keeping, transport and slaughter of 
animals. In the scope of this check, the inspection  body shall also assess whether violations of 
the provisions of the Animal Protection Act and sta tutory instruments enacted on the basis of 
the Animal Protection Act are at hand which could j eopardise the reputation of the animal 
welfare label. The inspection body shall issue a ce rtificate on the result of the check pursuant 
to sentence 1 including the assessment pursuant to sentence 2. The certificate must indicate 
the allocation to a level with respect to the label , if a statutory instrument pursuant to § 22(1) 
provides for gradations. The certificate is to be t ransferred to the party who requested the 
check, or to its representative.  
 Draft, as of 15 January 2019 - Notification 
10 (2) The inspection body shall regularly check wheth er the label users meet the requirements 
of this Act and the statutory instruments enacted o n the basis of this Act for the keeping, 
transport and slaughter of animals. The inspection body shall inspect label users who keep, 
transport or slaughter animals at least twice a yea r; of these, one inspection per year shall be 
carried out unannounced. The inspection body shall create an inspection report after the 
completion of each inspection. The inspection repor t is to be transferred to the label user or its 
representative. 
 
(3) Paragraphs 1 and 2 do not apply to label users who have been issued an authorisation 
pursuant to § 6(2). 
 
(4) The employees of the inspection body must maint ain the confidentiality of the checks and 
inspections and the results thereof. This does not apply in the case of § 20 as well as with 
respect to the Federal Office. Publications on circ umstances or findings relating to the checks 
and inspections of the fulfilment of the requiremen ts for the use of the animal welfare label 
may only be made with the express consent of the pa rties concerned. 
 
(5) The inspection body shall ensure that the emplo yees charged with conducting the checks 
and inspections are independent of the bodies or pe rsons who are involved with the fulfilment 
of the requirements of this Act and the statutory i nstruments enacted on the basis of this Act 
for the keeping, transport and slaughter of animals  or otherwise dependent on the results of 
the checks and inspections. 
 
§ 17 Reporting of irregularities and violations 
 
(1) The inspection body shall inform the Federal Of fice without delay if it:  
1.  detects irregularities or violations of the pro visions of this Act or a statutory instrument 
enacted on the basis of this Act during inspections , or 
2.  otherwise gains knowledge that a label user has  violated the provisions of this Act or a 
statutory instrument enacted on the basis of this A ct in a severe manner. 
 
(2) If, during its inspection activities, the inspe ction body gains knowledge of significant or 
repeated violations of the provisions of the Animal  Protection Act or a statutory instrument 
enacted on the basis of the Animal Protection Act, it shall report these violations to the 
competent state authority. 
 Draft, as of 15 January 2019 - Notification 
11 § 18 Register of label users 
 
The inspection body shall keep a register of the la bel users involved in its inspections. It is 
authorised to collect, save and use the following p ersonal data of the label user in order to 
keep the register: 
1. Name and address and 
2. Content and scope of the activity. 
 
§ 19 Retention and notification obligations 
 
(1) The inspection body is obligated to create a tr anscription or copy of the certificate 
pursuant to § 16(1)(3) and of the inspection report  pursuant to § 16(2)(3). It must retain the 
transcription or copy for five years as of the cert ificate’s date of issue or, in the case of the 
inspection report, as of the date of the final vers ion of the inspection report, and destroy or 
delete the transcription or copy once the retention  period elapses. Retention or publication 
duties pursuant to other legislation remain unaffec ted. 
 
(2)  In order to fulfil its tasks specified in § 21(1) a nd § 23, the inspection body shall send the 
Federal Office the inspection report pursuant to § 16(2)(3) as well as any potential comments 
and statements of the label user.  
 
§ 20 Disclosure to other inspection bodies 
 
Furthermore, the inspection bodies shall disclose i nformation to one another which is needed 
for proper performance of the checks and inspection s of compliance with the provisions of 
this Act and the statutory instruments enacted on t he basis of this Act.  
 
Subsection 3  
Monitoring of the inspection bodies 
 
§ 21 Monitoring of the inspection bodies 
 
(1) The Federal Office monitors the activities of t he inspection bodies. For this purpose, the 
inspection bodies and the label users must disclose  information to the Federal Office at its 
request. 
 
(2) During this monitoring, employees of the Federa l Office who are charged with performing 
the monitoring as per (1) may enter business premis es, offices and working areas, storage Draft, as of 15 January 2019 - Notification 
12 rooms, sales facilities and means of transport of t he party subject to the disclosure obligation 
during business and work hours, where it may:  
1. conduct inspections; 
2. view and check business documents and, if necess ary, create duplicates; 
3. take samples in exchange for an acknowledgement receipt; and 
4.  create image and audio recordings, except for i mage recordings of persons, for 
documentation purposes. 
 
In the case of sentence 1(3), part of the sample or , if it cannot be split, a second sample, shall, 
at the request of the party concerned, be locked aw ay by the authorities and kept sealed. If it is 
not economically feasible to relinquish the samples  pursuant to sentence 1(3) free of charge, 
then suitable compensation shall be paid upon reque st.  
 
(3)  The party subject to disclosure obligation shall al low the measures pursuant to 
paragraph 2(1), assist the persons charged with car rying out these measures and present the 
business documents necessary for these measures to be conducted. 
 
(4)  The party subject to disclosure obligation may refu se to disclose in case of questions 
which, if answered, would place the party itself or  one of the relatives described in 
§ 383(1)(1) to (3) of the Code of Civil Procedure a t risk of criminal prosecution or 
proceedings pursuant to the Code of Administrative Offences. 
 
 
Section 6  
Powers to issue statutory instruments 
 
§ 22 Powers to issue statutory instruments 
 
(1)  The Federal Ministry of Food and Agriculture is emp owered to regulate the details on the 
requirements for the keeping, transport and slaught er of animals from which food products are 
made which are to be marked with the animal welfare  label, as provided for by § 2(1) and (3), 
by way of statutory instrument without the consent of the Bundesrat, and in particular to enact 
provisions on requirements for:  
1. the animals’ diet, mobility and need for communi ty; 
2. rooms, cages, other containers and other facilit ies for housing the animals as well as the 
quality of feed and drinking facilities; 
3. the lighting conditions and stall climate in the  facilities for housing the animals; Draft, as of 15 January 2019 - Notification 
13 4. the feeding and care of the animals, including t heir monitoring; in this case, the Federal 
Ministry of Food and Agriculture may require record s on the results of the care to be 
made, retained and presented to the inspection body  upon request; 
5. the knowledge and skills of persons who keep, ca re for or have to care for animals, and 
for the proof of said knowledge and skills; 
6. safety measures in case of technical faults or a  fire in the facilities for housing the 
animals; 
7. the transportability of the animals;  
8. the transport conditions and means of transport as well as the loading and unloading of 
the animals;  
9. the slaughter of the animals; in this case the F ederal Ministry of Food and Agriculture 
can regulate, specify or prohibit particular stunni ng and killing methods in greater detail; 
10. the type and extent of the skills and knowledge  which are necessary to stun or kill 
vertebrates, as well as for the means of proving sa id skills and knowledge; 
11.  for the stunning and operations beyond the req uirements pursuant to § 5 and 6 of the 
Animal Protection Act; 
12. for the participation in a system for recording  animal-related features (animal protection 
indicators); as well as 
13. the use of the animal welfare label for compoun d food products if one ingredient of the 
compound food product bears the animal welfare labe l. 
 
Moreover, animal protection provisions may be defin ed in the statutory instrument pursuant 
to sentence 1 which, if not complied with, are capa ble of jeopardising the reputation of the 
animal welfare label in the sense of § 16(1)(2). 
 
(2)  The Federal Ministry of Food and Agriculture is als o empowered to regulate the 
following by means of a statutory order without the  approval of the Bundesrat: 
1. the design of the animal welfare label, also in terms of the gradations pursuant to § 2(3); 
2. the connection of the animal welfare label with information on the origin of the animal 
from which the food product to be marked has been o btained; 
3. further details on the content of the advertisin g pursuant to § 3; 
4. further details on the prerequisites and the pro cedure for authorisation pursuant to § 6(2); 
5. further details on the prerequisites and the pro cedure for approval pursuant to § 13;  
6. further details on the notification and confirma tion pursuant to § 5 and § 6(1); 
7. further details on the content of the list of la bel users pursuant to § 11; 
8. the means of inspecting the label users by the i nspection bodies, in particular the extent of 
the inspections;  
9. a shortening or prolongation of the period of ti me for the inspections pursuant to 
§ 16(2)(2); Draft, as of 15 January 2019 - Notification 
14 10. specifications for the inspection report pursua nt to § 16(2)(3), in particular the minimum 
information which the inspection report must contai n;  
11. further details on the process of informing the  Federal Office pursuant to § 17; as well as 
12. the transfer of the Federal Office’s tasks, be it entirely or in part, to a person under 
private law by way of delegation.  
 
The person under private law to whom the Federal Of fice’s tasks are transferred pursuant to 
sentence 1(12), must be qualified, independent and reliable and must furthermore guarantee 
that it has the necessary equipment and organisatio n to fulfil the tasks transferred to it.  
 
(3) The Federal Ministry of Food and Agriculture is  empowered to do the following via 
statutory instrument without the consent of the Bun desrat:  
1. allow exemptions from the obligation pursuant to  § 9(1) if the obligation is not necessary 
to ensure the traceability of the products of anima l origin, 
2. enact provisions on the following for the purpos e of ensuring the traceability of products 
of animal origin which are or are to be marked with  the animal welfare label: 
a)  the type, form and content of the accompanying docu ment pursuant to § 9, 
b)  in the case of packaged products, the option of rep lacing the accompanying 
document pursuant to § 9 with a label, and on the d uties for this labelling and further 
details, in particular the content to be specified on the label and the form of the label, 
c)  duties to record, carry, keep and submit documents which are necessary to ensure 
traceability. 
 
(4) The Federal Ministry of Food and Agriculture is  furthermore empowered to stipulate the 
automated recording of the data in the accompanying  document by the Federal Office and 
provide for further details for the purpose of ensu ring the traceability of products of animal 
origin which are or are to be marked with the anima l welfare label by way of statutory 
instrument without the consent of the Bundesrat. In  this context, provisions in particular on 
the collection, storage and deletion of the label u sers’ personal data specified in the 
accompanying document may be enacted for the purpos es listed in sentence 1. 
 
(5) Statutory instruments pursuant to paragraphs 1 and 2 are to be forwarded to the Bundestag 
prior to promulgation. They may be modified or reje cted by means of a resolution from the 
Bundestag. The resolution from the Bundestag shall be forwarded to the Federal Ministry of 
Food and Agriculture. The Federal Ministry of Food and Agriculture is bound to the 
resolution when promulgating the statutory instrume nt. If the Bundestag has not dealt with a 
statutory instrument within three session weeks of receipt, the unchanged statutory instrument 
shall be sent to the Federal Ministry of Food and A griculture. 
 Draft, as of 15 January 2019 - Notification 
15  
Section 7  
Interdiction, prohibitions 
 
§ 23 Interdiction 
 
(1) The Federal Office interdicts the use of the an imal welfare label if, on the basis of an 
inspection report pursuant to § 16(2)(3) or other i nstructions pursuant to § 17, repeated 
violations or a non-trivial violation of the provis ions of this Act or a statutory instrument 
enacted on the basis of this Act have been detected .  
(2) The Federal Office shall hear the label user pr ior to its decision on the interdiction. If the 
hearing results in doubts as to whether the conditi ons for an interdiction have been met, the 
Federal Office shall investigate the circumstances that are decisive for its decision.  
 
§ 24 Prohibitions 
 
(1) It is prohibited:  
1. to place food products which were obtained from animals with which the requirements of 
a statutory instrument enacted pursuant to § 22(1) were not fulfilled during their keeping, 
transport and slaughter onto the market with the an imal welfare label; 
2. to place the food products specified in § 6(2)(1 ) onto the market with the animal welfare 
label without authorisation; 
3. to place on the market a food product or other i tem with a marking imitating the animal 
welfare label which could cause deception as to the  type of production, composition or 
other commercially relevant properties of the marke d food product or item; 
4. to use the animal welfare label for advertising purposes other than those specified in § 3. 
 
(2) Other provisions on the marking of food product s remain unaffected. 
 
 
Section 8  
Penal provisions and provisions on administrative f ines; entry into force 
 
§ 25 Penal provisions 
 
The following are liable to imprisonment for up to one year or a fine:  
1. placing a food product or item onto the market i n violation of § 24(1)(1) in conjunction 
with a statutory instrument § 22(1)(1) numbers 1 to  3, number 4 sentence segment before 
the second clause, number 7, 8, 9 or 13 or in viola tion of § 24(1) number 2 or 3, or Draft, as of 15 January 2019 - Notification 
16 2. using an animal welfare label in violation of § 24(1)(4) in conjunction with a statutory 
instrument as per § 22(1)(1) numbers 1 to 3, number  4 sentence segment before the 
second clause, number 7, 8, 9 or 13. 
 
§ 26 Provisions on administrative fines 
 
(1)  An administrative offence is committed by any party  which negligently perpetrates an act 
described in § 25. 
(2)  An administrative offence is committed by any party  which fails to submit a notification, 
or does not do so correctly, in full or in good tim e, in violation of § 5(1)(1) or § 6(1)(1). 
 (3)  An administrative offence is committed by any party  which deliberately or negligently 
contravenes a statutory instrument pursuant to § 22 (1)(1) number 4 second clause, number 5, 
6, 10, 11 or 12, or paragraph 3 sentence 1 number 1  or 2, or an enforceable instruction based 
on such a statutory instrument, if the statutory in strument makes reference to this fine 
provision for a particular offence. 
(4)  The administrative offence may be punishable by a f ine of up to thirty thousand euros. 
(5)  The administrative authority as defined in § 3 6(1)(1) of the Administrative Offences Act 
is the Federal Office.  
 
§ 27 Confiscation 
 
If a criminal offence pursuant to § 25 or an admini strative offence pursuant to § 26(1) has 
been committed, then 
1. items to which the criminal or regulatory offenc e relates, or 
2. items which were used or intended to commit or p repare for the offence, 
can be confiscated. § 74a of the German Criminal Co de and § 23 of the Code of 
Administrative Offences shall be applied. 
 
§ 28 Entry into force 
 
This Act shall enter into force on the day followin g its promulgation. Draft, as of 15 January 2019 - Notification 
17 Explanatory statement 
 
A. General part 
 
I.  Aim, subject and key provisions 
 
The Act on the Introduction and Use of an Animal We lfare Label is intended to create the 
legal basis for a transparent labelling of food pro ducts of animal origin in the production of 
which animal production standards were complied wit h which are clearly higher than the 
minimum requirements defined by law. The aim of the  animal welfare label is to create living 
conditions for livestock animals which are more app ropriate to the species, to provide desired 
and reliable orientation for consumers and to give livestock owners incentives to take greater 
action to ensure the animals’ welfare and ultimatel y improve their image, thus creating better 
opportunities for marketing. 
 
Consumers place great value when shopping on freedo m of choice and clear labelling on the 
product, in particular in terms of animal welfare, in order to improve animal protection in 
Germany with their buying decisions. Thanks to a le gally regulated, uniform and concise 
label, consumers are able to recognise products fro m a particular production at first glance 
and are thus able to make a conscious decision for greater animal welfare when shopping. 
 
An animal welfare label offers producers the opport unity of transparently communicating 
animal welfare beyond the statutory minimum animal protection standard. This way, the 
existing demand can be served and the higher price required by the higher production costs 
can be achieved.  
 
The use of the animal welfare label is voluntary, b ut its use requires binding criteria which 
will be monitored for compliance. At the same time,  it is checked whether and to what extent 
it will be possible in the future to establish a bi nding animal welfare label throughout Europe. 
The animal welfare label is to be issued on multipl e levels in order to optimise the marketing 
opportunities of the products. The requirements on the various levels (which build upon one 
another) are above or considerably above the alread y applicable statutory standards in 
Germany.  
 
The opportunity is created to voluntarily associate  the animal welfare label with an indication 
of origin. This association should also apply to ce rtain processed animal products. After 
evaluating the experiences with this voluntary indi cation of origin with the animal welfare 
label and in consideration of the evaluation report s on national origin regulations of other Draft, as of 15 January 2019 - Notification 
18 Member States, the aim is to refine and expand the indication of origin on a European level 
wherever possible.  
 
Compliance with the defined requirements for the us e of the animal welfare label is monitored 
by private inspection bodies which are approved and  monitored by the Federal Office of 
Agriculture and Food (the Federal Office). The pena lty for violations of this Act as a criminal 
or administrative offence ensures the necessary det errent effect in order to prevent misuse of 
the animal welfare label and thus secure and/or inc rease consumers’ trust in the label. A 
particular form of state subsidy is envisaged. 
 
Details on the requirements for the use of the anim al welfare label, the prerequisites as well as 
the procedure for approving the inspection bodies a nd the design of the animal welfare label 
are to be provided for in statutory instruments.  
 
II. Legislative powers of the Federal Government 
 
In accordance with Article 72(2) of the Constitutio n, the Federal Government has the right to 
enact legislation in the field of concurrent legisl ation, amongst other things in the areas of 
Article 74(1)(11) (business law) and number 20 of t he Constitution (law on food products, 
including the animals used to make them, animal pro tection) if and insofar as the 
establishment of equivalent living conditions in th e federal territory or the preservation of 
legal and economic unity in the national interest n ecessitates an arrangement on federal level.  
 
The introduction of a uniform federal animal welfar e label furthermore necessitates a 
regulation on federal level to preserve legal and e conomic unity in the national interest. The 
purpose of the animal welfare label is to inform co nsumers through its uniform design of 
products from a particular production which is abov e the minimum animal protection 
standards and to set uniform standards concerning t he criteria for the issue of the animal 
welfare label for the entire federal territory. Onl y by means of a uniform regulation under 
Federal Law can it be ensured that a uniform legal framework is in place for Germany as a 
business location with regard to the use of the ani mal welfare label. 
 
A regulation under Federal Law is also necessary to  preserve legal and economic unity in 
terms of the uniform design of the monitoring proce dure for verifying the prerequisites for the 
use of the animal welfare label in Germany, for ins tance by establishing uniform prerequisites 
for the approval of private inspection bodies and b y establishing the tasks they are to fulfil in 
the national interest. In the case of monitoring pr ocedures which are regulated differently 
under Federal State Law, different competition cond itions would emerge at a regional level in 
relation to both the inspection bodies and the esta blishments being monitored.  Draft, as of 15 January 2019 - Notification 
19  
A great number of agricultural and food-producing e nterprises have operating units or 
subsidiaries in different federal states and are in terested in having the entire manufacturing 
process monitored by a single inspection body. The inspection bodies also have an interest in 
transnational activity. National approval of inspec tion bodies is required, which can only be 
awarded by a central body with sole decision-making  authority with the aim of ensuring 
efficiency. 
 
The Federal Government has also made use of its con current legislative competence pursuant 
to Article 74(1)(1) of the Constitution by way of t he penal and administrative fine provisions 
laid down in the Act. 
 
III. Compatibility with European Union law and inte rnational treaties. 
 
This draft Act is compatible with European Union La w and treaties under international law 
concluded by the Federal Republic of Germany. 
 
IV. Compliance Costs 
 
V.  Further Costs 
 
VI. Sustainability 
 
The introduction of an animal welfare label is in l ine with the goals of the national 
sustainability strategy (DNS). Management Rule 9 of  the DNS shows that stricter 
requirements for keeping livestock in a manner appr opriate to the species promotes 
sustainable agriculture: ‘Sustainable agriculture m ust be productive and competitive, must at 
the same time be environmentally compatible and mus t also observe the requirements for 
livestock keeping in a manner appropriate to the sp ecies and preventative consumer 
protection, especially health-related.” The use of the label gives farmers an opportunity to 
increase their competitiveness. Consumers can consc iously decide for greater animal welfare 
when shopping and thus practice sustainable consump tion. The National Programme for 
Sustainable Consumption (NPNK) enacted by the Feder al Government in 2016 is linked to 
the DNS and makes reference to the importance of a diet in line with animal protection 
interests. Moreover, farmers can achieve a greater income through higher prices for products 
from better holding conditions.  
 Draft, as of 15 January 2019 - Notification 
20 VII. Implications for equality policy 
 
No implications of significance in terms of equalit y policy are anticipated, since the Act 
contains no provisions that impact on the specific situations of men and women. 
 
B. Specific Part 
 
Re § 1 (Purpose) 
 
§ 1 defines the aim and contents of the Act.  
 
Re § 2 (Labelling of food products) 
 
§ 2 makes it clear that products in the production for which animal protection requirements 
were met for the keeping, transport and slaughter o f animals which, in the sum of the 
requirements, are clearly stricter than the minimum  statutory standards may be marked with 
the animal welfare label. The labelling of food pro ducts of animal origin with an animal 
welfare label is intended to serve the societal dem ands for trustworthy, independent, 
transparent and higher animal protection standards and thus ensure better consumer 
orientation. 
Paragraph 3 makes it clear that multiple gradations  are provided for regarding the 
requirements to be fulfilled, which contributes to a clear differentiation of the criteria to be 
complied with on each level, whereby a higher level  must always stipulate stricter 
requirements than the previous level. 
 
Re § 3 (Advertising) 
 
§ 3 lays down that companies which use the animal w elfare label may do so for particular 
advertising purposes. Advertising with the animal w elfare label enables better consumer 
information concerning the higher animal protection  standards at the companies. 
 
Re § 4 (Voluntariness) 
 
§ 4 makes it clear that the use of the animal welfa re label is on a voluntary basis.  
 
Re § 5 (Use for domestic food products and domestic  animals) 
 
Paragraph 1 defines the products and purposes for w hich the label may be used. The 
requirements of a statutory instrument to be enacte d in accordance with § 22(1) are binding Draft, as of 15 January 2019 - Notification 
21 and must be complied with for the use of the animal  welfare label. The requirements for the 
animal welfare label, which go beyond the regulatio ns in effect, are to be complied with, 
implemented and fulfilled continuously and in full in the individual respective production 
stages of keeping, during the entire transport proc ess as well as before and during slaughter. 
This enclosed implementation of the standards durin g keeping, transport and slaughter are the 
fundamental prerequisites for the food products of animal origin to be marked with the animal 
welfare label. 
 
Paragraph 3 establishes that the planned use of the  animal welfare label must be notified to 
the Federal Office. A copy of the certification on the inspection pursuant to § 16(1)(3) is to be 
enclosed with the notification. To prevent misuse, the animal welfare label may only be used 
after the confirmation has been received. The Feder al Office shall confirm receipt of the 
notification and the certification within 10 days a nd shall issue a list number at the same time. 
 
Re § 6 (Use for foreign food products and foreign a nimals) 
 
§ 6 establishes a provision for the use of the anim al welfare label for products which originate 
from other countries or from animals which were kep t, transported or slaughtered in other 
countries. A notification procedure must also be pa ssed for domestic participants in order for 
products and animals from Member States to take par t in the animal welfare label. In the 
process, the party responsible for transport to Ger many must prove that the animals / products 
comply with requirements which correspond to those for the products originating from 
Germany. This proof can be rendered by, for instanc e, submitting certificates in accordance 
with accredited private certification bodies. If of ficial inspections review the requirements, 
then the requirements are deemed to have been fulfi lled. On one hand, § 6 serves for the sake 
of animal protection and consumer protection to ens ure that the requirements for the use of 
the animal welfare label are complied with in a rel iable and transparent manner, even for 
products from foreign countries. On the other hand,  it should enable equal market 
participation from other EU countries and equal acc ess to the animal welfare label system. 
European market participants should be able to take  part in the animal welfare label system, 
with its economic and animal welfare-promoting bene fits, just as easily as German market 
participants. These two objectives are achieved by a simultaneous administrative procedure 
having to be passed by the national participants as  well as by the necessity to comply with 
equivalent requirements. In the notification proced ure, the reference to the standard of 
§ 16(1)(2) also ensures that the general level of a nimal protection under National Law is not 
fallen short of. Increased effort in comparison wit h the national animal welfare label 
participants who rely on checking and inspections b y the approved inspection bodies is not 
expected thanks to the possibility of using accredi ted testing bodies in the Member State to 
demonstrate compliance with the material requiremen ts. Suitable provisions for specifying, Draft, as of 15 January 2019 - Notification 
22 standardising and simplifying the procedural requir ements can be enacted in a statutory 
instrument on the basis of § 22(2)(1)(6). 
 
Contrary to the principle of the notification proce dure in paragraph 1, this stands under an 
approval provision for animals and products from No n-Member States. This ensures 
compliance with requirements and monitoring thereof  in other countries which are equivalent 
to those of this Act and the statutory instruments to be enacted. The reference to § 16(1)(2) 
ensures that the keeping of animals which serve to produce the products addressed in § 6 meet 
the general requirements under German animal protec tion law. Here too, it can be assumed 
that compliance with the requirements can practicab ly be demonstrated by means of suitable 
documentary evidence from accredited testing bodies . Corresponding procedural 
requirements can be defined by means of the statuto ry authorisation in § 22(2)(1)(4). 
 
The provision corresponds to similar provisions in the scope of state, voluntary labelling 
systems in the European area (cf. Denmark). 
 
§ 7 (Transfer of packaged food products to third pa rties) 
 
§ 7 clarifies that a particular use of the animal w elfare label is not subject to a notification 
requirement, such as by food product retailer which  uses the animal welfare label exclusively 
for packaged food products (incl. any potential ass ociated advertising activities). On this 
level, there is no need for monitoring in the form of a notification procedure on account of the 
fact that the food products are packaged, and thus the risk of violations (for instance, through 
changes to the products and/or labelling from the p roduct criteria of non-corresponding 
products) is minimised. However, if the food produc t is packaged or processed in another 
form via transfer as packaged product, for example,  the exemption in § 7 does not apply and a 
notification procedure must be conducted. 
 
For clarification, reference must be made that § 7 does not release one from the notification 
duty pursuant to § 6(1) as well as the duty to obta in authorisation pursuant to § 6(2). 
 
§ 8 (Label user) 
 
§ 8 provides a definition of the label user. 
 
Re § 9 (Accompanying documents) 
 
The purpose of this provision is the seamless docum entation of the movements of animals 
(and the products thereof) which are kept under the  animal welfare label. This serves to Draft, as of 15 January 2019 - Notification 
23 protect the consumer from deception. Accordingly, w hen transferring animals or products of 
animal origin which are to be marked with the anima l welfare label, a label user shall hand 
out an accompanying document (which can also be cre ated in electronic form) to the next 
recipient in question. 
 
Re § 10 (Announcement of the label users and the ap proved inspection bodies) 
 
A central administrative body is required for the r egistration of animal welfare label users in 
order to ensure uniform receipt of notifications on  the use of the animal welfare label and 
monitor compliance with the provisions applicable t o the use of the animal welfare label in a 
targeted manner. 
 
Pursuant to paragraph 1, the Federal Office announc es the label users who have been issued a 
confirmation and a list number pursuant to § 5(2), the time when the entitlement to use the 
animal welfare label ends, as well as the name and address of the approved inspection body in 
the Federal Gazette. This is necessary in order to establish transparency and provide 
information for the label users on the approved ins pection bodies. 
 
Re § 11 (List of label users) 
 
In § 11, the Federal Office is charged with publish ing a list of label users to whom a 
confirmation is transferred pursuant to § 5(2) or w ho have received an authorisation pursuant 
to § 6(2)(3), along with further information, such as personal data and allocation to a level of 
animal welfare label. This is necessary in order to  be able to pursue cases of suspected misuse 
quickly. The list (which can also be published in e lectronic form) shall be corrected 
accordingly in case of changes concerning the label  user’s entitlement to use the animal 
welfare label. 
 
Re § 12 (Inspection body) 
 
Checking of the fulfilment of the decisive requirem ents prior to initial use of the animal 
welfare label and the continuous monitoring of comp liance with the requirements for the use 
of the animal welfare label shall be conducted by p rivate inspection bodies. In order to ensure 
that the inspection body meets the requirements pur suant to § 13 and is capable of completing 
its tasks properly, § 12 establishes that it must b e approved by the Federal Office.  
 Draft, as of 15 January 2019 - Notification 
24 Re § 13 (Authorisation of the inspection bodies) 
 
The option pursuant to Article 87(3)(1) of the Cons titution to entrust the Federal Office with 
tasks for which the Federal Government is entitled to the legislative process is utilised by 
transferring the competence for the decision on the  approval of the private inspection bodies 
and their monitoring to the Federal Office. The tas ks to be transferred to the Federal Office 
are, based on their typical features, to be complet ed centrally and can be performed for the 
entire federal territory by the federally owned adm inistration without making use of the 
administrative authorities of the states.  
 
For reasons of expedience, the approval and monitor ing of the inspection bodies should be 
transferred to the Federal Office on a central leve l. Since the Federal Office, as supervisory 
authority, already has qualified personnel, it is e xpedient to have the necessary inspections 
conducted by privately organised bodies and to have  these bodies monitored by the Federal 
Office. The Federal Office’s extensive experience i n administrative work suggests that the 
registration of animal welfare label users should a lso be transferred to it, in order to avoid 
different competencies in the implementation of thi s Act. The complete transfer of 
supervisory competence as well as the registration of animal welfare label users thus ensures 
the efficient functioning of the animal welfare lab el by the Federal Office. The transfer of 
competence to the Federal Office thus increases eff ectiveness and, in particular, conserves 
specialised skills. 
 
Paragraph 1 contains the requirements which an insp ection body must meet in order to be 
approved by the Federal Office. This involves the u sual requirements, such as independence, 
presence of the necessary organisational structures , personnel, premises and technical 
facilities, reliability and sufficient qualificatio n and experience of the personnel, as well as 
presence of quality assurance with regular inspecti ons. The requirements are necessary to 
ensure independent inspection in line with generall y recognised scientific standards upon 
which the Federal Office can base its decision on t he application for approval. 
 
Paragraph 2 enables the Federal Office to place the  approval under conditions in order to 
ensure that the inspection body fulfils the statuto ry approval requirements and duties as 
approved inspection body. 
 
Paragraph 3 establishes a special provision for the  Federal Office to revoke an approval. 
According to this, the Federal Office must revoke t he approval if a prerequisite for approval 
subsequently ceases to apply. According to the prin ciple of proportionality, the authority is 
obliged to choose the mildest means amongst multipl e equally effective means available. For 
that reason, the Federal Office can also suspend th e approval instead of revoking it or refrain Draft, as of 15 January 2019 - Notification 
25 from revoking the approval in order to give the par ty concerned an opportunity to rectify the 
reason for revocation.  
 
Re § 14 (Remuneration) 
 
§ 14 provides that the inspection body may request a reasonable remuneration from the label 
user for its work. Notwithstanding the requirements  under civil law and the specific respective 
legal arrangement of the relationships between the contracting parties, this emphasises that 
the inspection bodies are entitled to adequate comp ensation for their work. 
 
Re § 15 (Cessation of activities) 
 
§ 15 serves to protect label users subject to inspe ction so that if the inspection body ceases its 
activity, including insolvency, companies are guara nteed the opportunity to continue to 
participate in the control process with as short an  interruption as possible. 
 
Re § 16 (Checks and inspections of the label users)  
 
Paragraph 1 contains the inspection bodies’ obligat ion to incorporate the activity of every 
person who is interested in using the animal welfar e label or who seeks to place a product 
with the animal welfare label onto the market for t he first time in the monitoring system, as 
long as the provisions of this Act and the statutor y instruments enacted on the basis of this 
Act are fulfilled. The inspection body also assesse s whether violations of the provisions of the 
Animal Protection Act and statutory instruments ena cted on the basis of the Animal 
Protection Act are at hand which could jeopardise t he reputation of the animal welfare label. 
This should ensure that the animal welfare label wh ich should serve to promote animal 
welfare is not used for food products originating f rom animals from livestock keeping in 
which the general animal protection requirements ar e not met. Fulfilment of the prerequisites 
to use the label is confirmed with a certificate.  
 
With respect to compliance with the requirements fo r the use of the animal welfare label and 
compliance with the requirements of this Act and th e statutory instruments enacted on the 
basis of this Act, paragraph 2 obligates the inspec tion body to conduct regular inspections on 
label users who hold, transport or slaughter animal s and document the results of these 
inspections in an inspection report. The inspection  is to be conducted at least two times a year, 
one of which must be unannounced. An unannounced in spection makes it possible to 
determine whether the binding requirements in quest ion are actually being complied with in 
practice. This serves to retain the credibility of the animal welfare label. 
 Draft, as of 15 January 2019 - Notification 
26 Paragraph 3 establishes that label users who have r eceived an authorisation pursuant to 
§ 6(2)(3) will not be inspected by the inspection b odies. An inspection by the inspection 
bodies is not required; compliance with the relevan t requirements is ensured by the 
authorisation procedure. 
 
Paragraphs 4 and 5 provide for further duties of th e inspection body relating to 
confidentiality, reporting and information duties o f the inspection bodies and the Federal 
Office in case of irregularities and violations, as  well as the independence of the personnel. 
Violations of some of these duties are punishable b y fines or criminal penalties. 
 
Re § 17 (Reporting of irregularities and violations ) 
 
§ 17 establishes further duties for the inspection bodies. The provision in paragraph 1(1) 
pursues the goal of informing the Federal Office at  short notice in case of a justified suspicion 
of irregularities and violations of this Act and st atutory instruments enacted on the basis of 
this Act by the inspection body. This duty to infor m also extends to the discovery of severe 
violations of the aforementioned provisions, for in stance if the criteria for the animal welfare 
label are fallen short of in a significant manner. 
Paragraph 2 obliges the inspection bodies to notify  the competent state authorities if they gain 
knowledge of severe or repeated violations of the p rovisions of the Animal Protection Act or 
a statutory instrument enacted on the basis of the Animal Protection Act, for instance if 
animal protection requirements are repeatedly and m assively violated for a long period of 
time, resulting in persistent pain, suffering and h arm to animals. 
 
Re § 18 (Register of label users) 
 
In the interest of transparency and better inspecta bility, the inspection body is obliged to keep 
a register of the label users involved in its inspe ctions and to enter notified changes in the 
register. § 18 defines the information which the re gistration must contain. Furthermore, with 
respect to data of natural persons who appear or re present a company as label users (e.g. in 
cases of partnerships and individual persons), a cl ause was added on the handling of these 
data by the inspection bodies. 
 
Re § 19 (Retention and notification obligations) 
 
§ 19(1) establishes a retention duty of the inspect ion body for the certifications and inspection 
reports issued to the label users. The retention pe riod is necessary in order to enable proper 
monitoring of the inspection bodies activities. Mor eover, the monitoring authority is also able 
to review long-term developments in compliance with  the requirements for the animal welfare Draft, as of 15 January 2019 - Notification 
27 label with respect to the label user. This appears to be necessary against the background of 
consumer protection in the reliability of animal we lfare labelling and the monitoring system 
concerning it. 
 
Paragraph 2 obliges the inspection bodies to inform  the Federal Office of the result of 
inspections conducted on label users as to whether they comply with the requirements of this 
Act and the statutory instruments enacted on the ba sis of this Act for the keeping, transport 
and slaughter of animals, as well as of comment and  statements of the label user. 
 
Re § 20 (Disclosure to other inspection bodies) 
 
This provision is intended to ensure direct and eff ective cooperation of the inspection bodies 
for the proper performance of the checks and inspec tions by making sure they provide one 
another with the necessary information. 
 
Re § 21 (Monitoring of the inspection bodies) 
 
With respect to the necessary monitoring of the act ivities of the inspection bodies and label 
users, § 21(1) empowers the Federal Office to take the measures necessary to do so.  
 
Paragraph 2 ensures that the employees of the Feder al Office charged with performance and 
monitoring are given the necessary rights, in parti cular the right to access and inspection, the 
right to take samples, search, check and receive di sclosure, as well as the right to make audio 
and visual documentation. These provisions merely j ustify the obligations to tolerate as per 
paragraph 3 and do not provide a definitive descrip tion in this respect of the content of the 
activities which the employees mentioned are author ised to carry out. The procedures to be 
applied in exercising these powers comply with the relevant provisions governing the 
products in question each time. Regarding the econo mic effects of the samples taken, it is 
assumed that the samples will be very small in volu me (e.g. samples of compound food 
products, etc.). 
 
Paragraph 4 provides for a right to refuse to discl ose information. 
 
Re § 22 (Powers to issue statutory instruments) 
 
Paragraph 1 provides for the necessary empowerment of the Federal Ministry of Food and 
Agriculture to lay down further details on the use of the animal welfare label by way of 
statutory instrument without the consent of the Bun desrat. 
 Draft, as of 15 January 2019 - Notification 
28 This Act does not result in any competences of the states. 
 
The requirements for the use of the animal welfare label comprise resource, management and 
animal-related criteria which must be complied with  over the entire life of the animal, 
including transport and slaughter.  
 
In particular, the details on the use of the animal  welfare label are to be established via 
statutory instrument (paragraph 1). These provision s serve to simplify the specific application 
of the provisions by the label user and the inspect ion bodies. Moreover, this statutory 
instrument can also define animal protection provis ions which the label user is also obliged to 
comply with in order to be able to use the animal w elfare label. 
 
Paragraph 2 provides for the necessary authorisatio n for the Federal Ministry of Food and 
Agriculture for further provisions in connection wi th a state label. In particular, the statutory 
instrument can include details on the design of the  animal welfare label (No 1) and on the 
facultative connection with information on the anim al’s origin (No 2), on the prerequisites of 
the approval of inspection bodies (No 5), the notif ication of the use of the animal welfare 
label to the Federal Office and their confirmation (No 6) and the monitoring of the label user 
(No 8). In order to support the simplification of t he inspection bodies’ work and to ensure the 
quality of monitoring, minimum requirements for the  inspection report (No 10), e.g. the use of 
certain procedural instructions or the use of forms , may be provided for in a statutory 
instrument. It is also possible to transfer individ ual tasks from the Federal Office to a person 
under private law by way of statutory instrument (N o 12). In the process, the tasks can only 
be transferred to persons who are qualified, indepe ndent and reliable. In addition to the 
necessary professional prerequisites, the requireme nts for organisation and equipment to be 
complied with for delegation pursuant to sentence 2  also include that the person under private 
law can comply with the relevant requirements of da ta protection law (e.g. standards enacted 
on the basis of paragraph 4 as well as data protect ion law in general) and data security. 
 
Paragraph 3 establishes the possibility of creating  exemptions from the obligation to transfer 
accompanying documents if doing so is not necessary  for reasons of certainty (e.g. in the case 
of direct marketing). Moreover, the Federal Ministr y of Food and Agriculture is granted the 
necessary empowerment to define in a statutory inst rument details, in particular on the type, 
form and content of the accompanying documents to b e created in this connection for the 
purpose of ensuring the traceability of products of  animal origin which are marked with the 
animal welfare label. These also include duties on the recording and handling of documents. 
These include documentation which indicates the sco pe or volume regarding the actual 
movement of animals or products of animal origin, a s well as written records like bills of 
delivery or invoices. Draft, as of 15 January 2019 - Notification 
29  
Paragraph 4 opens up the possibility of establishin g provisions concerning the automatic 
recording of the data in the accompanying document by the Federal Office. In particular, 
accompanying data protection regulations can also b e made whose enactment is obligatory if 
the fundamental right to international self-determi nation is affected on account of the 
precedence of the Constitution and the regulator’s requirement to follow basic law in the 
interest of reducing discretionary power. This may also potentially affect data such as the 
name, address or activity of label users which also  must be specified in the accompanying 
documents for the purposes of traceability of the a nimals and products which are to be 
marked with the animal welfare label. 
 
Paragraph 5 grants the Bundestag a cooperation rese rvation in the establishment of statutory 
instruments. According to it, the approval of the B undestag (approval reservation) for the 
statutory instruments pursuant to paragraphs 1 and 2 (also in changes to statutory instruments) 
is explicitly to be granted or is approved pro form a once three session weeks have elapsed. 
 
Re § 23 (Interdiction) 
 
In accordance with § 23, the use of the animal welf are label is to be prohibited under certain 
conditions. The Federal Office shall hear the label  user before its decision and, in case of 
doubts, determine the decisive facts for its decisi on. According to the principle of 
proportionality, the authority is obliged to choose  the mildest means amongst multiple equally 
effective means available. 
 
Re § 24 (Prohibitions) 
 
§ 24 serves to protect from misuse of the animal we lfare label. Accordingly, it is prohibited 
pursuant to paragraph 1 to place on the market food  products other than those designated by 
the Animal Welfare Label Act and the statutory inst rument to be enacted pursuant to § 22(1) 
which are eligible for marking with the animal welf are label, food products as defined by 
§ 6(1)(2) without the authorisation provided for th ere or food products with a misleading 
marking which is an imitation of the animal welfare  label or to use the animal welfare label 
for advertising purposes other than those specified  in § 3. 
 
Paragraph 2 clarifies that, in addition to the prov isions of this Act, all other provisions for the 
marking or labelling of food products must be compl ied with. 
 Draft, as of 15 January 2019 - Notification 
30 Re § 25 (Penal provisions) 
 
The provision contains the criminal offences necess ary for violations of the prohibition of 
placement on the market (§ 24(1)(1)(1) or § 24(1)(1 )(2) or (3)) and improper advertising with 
the animal welfare label (§ 24(1)(1)(4)).  
 
Re § 26 (Provisions on the payment of fines) 
 
This provision contains the necessary offences subj ect to fines, in particular in case of 
negligent improper use of the animal welfare label.   
 
Re § 27 (Confiscation) 
 
This provision contains the arrangement of the nece ssary incidental consequence under 
criminal law. 
 
Re § 28 (Entry into force) 
 
This provision provides for the entry into force of  the Act, which is to take place on the day 
following its promulgation.