Information on offering and delivering breeding material

The following information from the Association of Agricultural Chambers (VLK) has been forwarded to horse breeding associations:

“The Internet and social media are now widely used by breeders to market breeding material. We point out that the offering and the delivery of breeding material are subject to legal regulations. Here also the giving or the exchange of breeding material as a levy within the meaning of the animal breeding right applies.

The offering or distribution of semen is only allowed to semen collection centers that have been approved for national trade under the Animal Breeding Act (National Stations) or semen collection centers or semen custody approved for animal health requirements for intra-Community movement of semen (EU bodies).

Here is to distinguish between the advertising for stallions and the offer of seeds. The advertising of a stallion owner (eg on the Internet) is permitted, if it is indicated at this point, via which approved institution (semen collection center / semilabody) of the semen of the stallion is to be obtained.

Offering seeds in this context means that the willingness to donate seeds to third parties is recognizable. Increasingly, this is also found in online social networks (eg in Facebook groups), when breeders offer seeds that they have bought and for which they no longer have any use. If this seed is stored in a semen collection center or a semen storage center, ie delivery to the pet owner has not yet taken place, it can be delivered via this facility. It should be noted that the contractual agreement between the breeder, who has bought the seed commercially, and the stallion owner must allow the levy. The breeder must name the dispensing insemination station or the dispensing semen storage. A transfer of semen stored outside an approved establishment (eg the breeder itself) is not permitted and constitutes a violation of applicable law.

At this point, we point out that a veterinarian or an insemination officer may perform an insemination only on behalf of a semen collection center or a semen deposit.

Analogous regulations can be found in the Animal Breeding Act for offering and delivering oocytes and embryos. These may only be offered or given away by facilities approved for this purpose.

The offering or distribution of breeding material contrary to the provisions of the Animal Breeding Act constitutes an administrative offense, which can currently be punished with a fine of up to € 5,000. With the entry into force of the new Animal Breeding Act on 01.01.2019 fines of up to 50,000 euros can be imposed in the future. We therefore expressly point out once again that even the offering of breeding material, if contrary to the provisions of the Animal Breeding Act, can be punished as an administrative offense.”

signed i.a. Britta Schielke Breeding Manager EMFTHA e.V.

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