Chile

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Ley No. 21.646

Summary:

This law modifies the sanitary code and Law 20380 (animal protection law) to prohibit animal testing in Chile and the sale, trade, importation, and introduction of products that have been tested on animals into the country.

D. Sociedad Protectora de Cocheros de Viña del Mar y otros con Ilustre Municipalidad de Viña del Mar

Summary:

Valparaíso, dos de abril de dos mil quince. VISTO: A fojas 10, comparece don M.I.S.Á., abogado, domiciliado en Plaza de Justicia Nº 45, Oficina 412, comuna de Valparaíso, en representación de Sociedad Protectora de Cocheros de Viña del Mar y de Dueños de Coches Victoria, deduciendo acción de protección en contra de la Ilustre Municipalidad de Viña del Mar, representada por su Alcaldesa, doña V.R.B., con domicilio en calle A.N. 615, comuna de Viña del Mar, en razón del acto arbitrario e ilegal consistente en la dictación del Decreto Alcaldicio Nº 11.349, de fecha 12 de noviembre de 2014, que aprueba la Ordenanza para el Transporte de Pasajeros en Coches Victoria en la comuna de Viña del Mar.

ROL:293-15 “La arrastrada de Freirina”

Summary:

This is the case of a pregnant dog dragged by a truck. The defendants also assaulted and threatened two people that witnessed the event and attempted to stop it. The court found the three defendants guilty of animal cruelty and sentenced them to 61 days in jail and a fine of 2 UTM for these charges. Additional jail time and penalties were given on the charges of assault, threatening, and damage to property.

RECURSO DE NULIDAD RECHAZADO. VÍCTIMA EN EL DELITO DE MALTRATO ANIMAL

Summary:

Defendant was found guilty of animal cruelty for killing Donnkan y Káiser, two German Shepherds that were attacking a calf belonging to defendant's neighbor. The lower court sentenced him to 21 days of imprisonment and, suspension from public office during this time, and a fine of two monthly tax units. Defendant appealed but the appeal was rejected. However, he was granted a suspended sentence. This decision talks about the victims of animal cruelty . the court states that under the criminal code, victims are those offended by the crime. "Although it is true that it can be considered that much progress has been made in the legal protection of animals and, fundamentally, in the protection of those, it has not come to be considered that they have the quality of victims as such of a criminal act because they are not people, and continue to be controlled by human beings who, as their owner, is the one who can be considered the victim."

CL - Slaughter - Ley 21.3016

Summary:

This law modifies Law No. 19.162, increasing sanctions for violations of animal health regulations in slaughterhouses, and information falsification in the livestock and meat traceability system. This law increases monetary fees from 100 monthly tax units (UTM) to 500 UTM. In addition it adds a paragraph to artiicle 8 of Law No. 19.162 stating the following: "The person who, in an export process, incurs violations of this law related to animal health or traceability will be sanctioned with a fine of 100 to 1,000 monthly tax units and with the confiscation of the products. Additionally, they will be sanctioned with the prohibition of export between three to five years. In case of recidivism within the five years following the end of the prohibition, the conduct will be sanctioned with the perpetual prohibition to export. In the case of a legal person, the same sanction will fall on the natural person or persons controlling the said company and the other companies they control."

Sentencia caso elefante Ramba

Summary:

Ramba was known as the last circus elephant in Chile. She was an Asian elephant that spent 40 years of her life alone, being forced to perform. Her owner was found guilty of animal mistreatment and was sentenced to 100 days in jail and to pay a fine of 10 monthly tax units (UTM). Ramba was forced to perform difficult tricks and was not provided medical care. In addition, she was kept chained in a small enclosure without adequate space, temperature, or enrichment. Ramba was officially “confiscated” in 1997 due to abuse and neglect. However, she remained with the circus but was not allowed to perform. She was removed from the circus and temporarily relocated to "Parque Safari in Rancagua" in 2011. In 2019, Ramba was relocated to Global Sanctuary for Elephants in Brazil. Unfortunately, Ramba died a few months later after arriving at the sanctuary due to kidney disease.

CL - Marine mammals - Ley 20293

Summary:

The cetacean law prohibits the killing, hunting, capturing, harassing, keeping, possessing, transporting, disembarking, preparing, or carrying out any transformation process, as well as the commercialization or storage of any species of cetacean that inhabits or crosses the maritime areas of national sovereignty and jurisdiction in Chile.

CL - Transport, animals - Decreto 30

Summary:

This "Decreto" or executive order contains welfare standards for animals during transport. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 29, 2013. Under this decreto, cattle cannot be transported in conditions that could cause unnecessary pain and suffering. However, there are no limitations regarding the number of animals that can be loaded, and animals can be transported without food, water, and rest for up to 24 hours. if it is impossible to unload the animals, the carrier must ensure that animals are provided food and water.

Decreto 29

Summary:

This "Decreto" or executive order contains the welfare standards in industrial livestock production and commercialization. It is an indirect result of the agreement DS N° 28/2003 between Chile and the European Union together with decretos 28, and 30, 2013. It defines industrial production and confinement. Other important aspects include the prohibition of improperly managing animals, and the requirement to minimize pain and suffering during surgical husbandry procedures such as castration, dehorning/disbudding, tail cropping, beak trimming, etc.
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