"Particularly chutzpah: the ordinance even states that it is unlawful. However, ordinances may only ever define laws in more detail, but never contradict them," criticises Achitz. However, the text of the ordinance states: "deviating from § 13 TSchG". Justification: Feed animals would live shorter. "However, the Animal Welfare Act makes no distinction, neither according to the intended use nor the lifespan of the animals. There is also no other legal basis for lowering the standards for feed animals."
The Ministry of Health, which is responsible for animal welfare, also admitted in an answer to the Ombudsman Board that the ordinance does not comply with the law. The ministry is said to have drafted a corresponding amendment to the 2nd THVO in 2024, but it was never published. Achitz: "This is possibly due to the fact that the Ministry of Health and the Ministry of Agriculture are jointly responsible for this matter and no agreement was reached."
After the current federal government took office, the Austrian Ombudsman Board once again drew attention to the need for action. "Health Minister Korinna Schumann has assured me that a legally compliant legal situation will be established as quickly as possible," says Ombudsperson Achitz: "Hopefully the two-tier animal protection will soon come to an end."
Achitz: "There is no legal basis for lower standards for feed animals."