Regulations relative to the protection and respect of the animal

Recommendations regarding guardianship (Rural Code extracts)

« Any animal as a sentient being must be placed by its owner in conditions compatible with the biological imperatives of its species » (Article L214-1 – Rural Code).
► «It is fobidden to inflict harful treatment to any domestic or tame animal, or to one held in captivity […] » (Article L214-3).
► «  It is forbidden for any person, for whatever reason, who breeds, cares for or keeps domestic animals, tame wild animals or those kept in captivity to :

• 1st Withold the food or water necessary to satisfy the physiological requirements of the species of animal with regard to the stage of their development, adaptation or domestication ;
• 2nd Withold care in the case of injury or sickness;
• 3rd To keep or maintain the animal in an environment which could, due to being too small or unsuitable for the species with regard to weather conditions, due to unsuitability of equipment or material used, be a cause of suffering, injury or accidents » ;
• 4th « Use, except in cases of absolute necessity, any tying up devices, containment methods, fencing materials or cages, or more generally any mode of detention which could be detrimental to the species considered or which could cause injury or suffering  [...] » (Article R.214-17).

► « It is fobidden to keep cattle, sheep, goats or horses outside :

• When there are no fixtures or installations to avoid any suffering which could be caused by weather conditions;
• When the absence of fencing, of natural obstacles, tying up or containment devices in sufficient number is of a nature to have the animal incur the risk of accident[...] » (Article R.214-18).

In addition, the decree dated 25th October 1982 relative to breeding and the keeping of animals, modified by the decree dated 30th March 2000, gives indications relative to guardianship, breeding, and penning conditions for animals, of which horses.
Thus, for buildings, group stabling and fixtures, specifications are given regarding the design, materials to be used, cleaning out and disinfection, and the use of  (animals should not be kept permanently in the dark, nor be exposed to artificial lighting continuously ; when natural light is deemed insufficient, artificial lighting should be provided to cater for the pysiological and ethological requirements of the animals), and the surveillance of the premises. Sick animals, and if necessary injured animals should be isolated in appropriate premises. For animals kept outdoors, protection against bad weather and predators is required, and the pens and paddocks should be designed to avoid any possibility of escape. Finally, indications are also given regarding feeding and watering conditions, as well as the administration of care to the animals, whatever the type of accomodation provided.

Criminal sanction (Rural code)

I. Is duly punishable with a fine for minor offences of category 4, the fact for any person who breeds, has custody of, or keeps domestic animals or tamed or captive wild animals :

• 1st Of witholding the food or water necessary to satisfy the physiological requirements of the species of animal with regard to the stage of their development, adaptation or domestication ;
• 2nd  Of witholding care in the case of injury or sickness;
• 3rd Of keeping or maintaining the animal in an environment which could, due to being too small or unsuitable for the species with regard to weather conditions, due to unsuitability of equipment or material used, be a cause of suffering, injury or accidents » ;
• 4th  Of using, except in cases of absolute necessity, any tying up devices, containment methods, fencing materials or cages, or more generally any mode of detention which could be detrimental to the species considered or which could cause injury or suffering.

The additional sentences established by  article R. 654-1 of the Penal code apply.
II. Is punishable with the same fines, the fact of keeping cattle, sheep, goats or horses outdoors :

• When there are no fixtures or installations to avoid any suffering which could be caused by weather conditions ;
• When the absence of fencing, of natural obstacles, tying up or containment devices in sufficient number is of a nature to have the animal incur the risk of accident[...] » (Article R.214-18).

Following the publication of the decree dated 5th May 2017, which modifies the regulations of the Sports Code relating to equestrian activities, the section describing the regulations concerning custody and treatment of horses in establishments open to the public was removed. It is due to be replaced by a more recent decree established by the Ministry of Agriculture.

Definition of an establishment organising activities using horses (Extract from the sports Code Articles L322-2 and A 322-116)

Are considered as establishments organising activities using horses : « establishments where physical or sports activities are practiced, and which offer or include equestrian activities, including polo ».

Provisions for the use of horses and the installations (Extract from the Sports code)

• « The organisation of activities takes into account the level of the horses, the level of the riders and where necessary the weather conditions » (Article 322-117).
• «  A horse entrusted to a rider should be healthy, fit and prepared for the practice requested. This practice should not endager the rider or any third party » (Article 322-118).
• The equipment used for equestrian activities should not be a source of injury either to the horse or to the rider and should be maintained in a state of good repair and cleanliness » (Article 322-119).
• «  The design of the equipment, premises, stables indoor riding school, arenas, training tracks as well as the outdoor installations, fields, pens, inside driveways and outside access drives should be compatible with the nature of the equestrian activity practiced, the safety of the users, the horses and third parties ».
• « The installations should be maintained in a good state of repair » (Article 322-123).

In some other countries, the regulations regarding the custody of animals sometimes implement stricter practices in terms of animal well-being. For example the Ordonnance on the Protection of Animals (OPAn, Federal veterinary office dated 23rd April 2008, State  1st July 2014, Switezerland) describes conditions of animal guardianship, care and accomodation, and the obligation to obtain a permit following a training course, when there are more than 5 horses present.

Laws for the protection and well-being of animals have also been promulgated in Denmark, Belgium, Norway, Canada and Germany…..