Definition and Basics of African Swine Fever
Die African Swine Fever (ASF) is a notifiable, highly contagious viral disease that affects only domestic and wild pigs. It is caused by the African Swine Fever Virus (ASFV) and holds significant economic and legal importance worldwide. Transmission to humans or other animal species is currently ruled out by scientific research. The control and prevention of ASF in Germany and the European Union are subject to strict legal requirements.
Requirements in Animal Disease Law
National Legal Foundations
The central national legal basis for combating African Swine Fever is the Animal Health Act (TierGesG) in conjunction with the Swine Fever Ordinance (SchwPestV). Among other things, it prescribes in detail notification obligations, control measures, as well as monitoring and hygiene regulations.
Notification Obligation under the Animal Health Act
African Swine Fever is a notifiable animal disease pursuant to § 4 TierGesG. Even suspected cases of ASF must be reported immediately to the competent veterinary authority. This applies to all individuals who keep, care for, or examine pigs.
Swine Fever Ordinance
The Swine Fever Ordinance specifies the measures to be taken in case of suspicion, outbreak, or detection of ASF. These include, in particular, the closure of affected farms, orders to cull pigs, control examinations, hygiene measures, and the prohibition on moving live animals and their products from affected farms.
European Legal Provisions
EU Animal Health Law (Animal Health Law)
Regulation (EU) 2016/429 (Animal Health Law, AHL) and related implementing regulations have established harmonized EU-wide requirements for the prevention and control of animal diseases, including ASF. The responsible authorities of the member states are obliged to implement coordinated control measures in the event of an ASF outbreak. Particular emphasis is placed on early detection, risk assessment, reporting systems, and regionally coordinated protection measures.
Delegated Acts and Implementing Regulations
Various delegated and implementing legal acts specify control measures such as disease restriction areas, surveillance zones, compensation regulations, and movement prohibitions. This ensures a standardized EU-wide approach.
Disease Control Measures and Legal Consequences
Establishment of Restriction Zones
In the event of an ASF outbreak, the swine fever legal regulations require the establishment of restricted areas, surveillance zones, buffer zones, or infected zones. Special requirements apply in these areas:
- Prohibition or restriction on the movement of pigs and pork
- Obligation to carry out cleaning and disinfection measures
- Regulations on animal husbandry (housing requirement, protective clothing)
- Wild boar population monitoring and reduction
Measures for domestic and wild pigs
Immediately after ASF is detected, all animals in the affected stock are culled and disposed of safely. Biological materials as well as feed, equipment and means of transport must be cleaned and disinfected. In the wild boar sector, intensified monitoring, increased surveillance of found dead animals, and population reduction are ordered by the authorities.
Compensation Regulations
In cases where culling is ordered under animal disease law, the Animal Health Act provides for compensation for animal keepers under § 15 TierGesG. The amount is based on the fair market value of the animal immediately before the official measure is carried out. Further claims for damages may be possible under specific regulations, for example in the context of indirect losses due to ordered business closures.
Notification and Documentation Obligations
Reporting Obligations
All suspected cases and confirmations of ASF must be reported immediately to the competent veterinary authority and within the national animal disease database. Failure to comply with these reporting obligations may result in fines and, under certain circumstances, liability consequences.
Documentation Obligations
Animal keepers are required to keep detailed records of animal movements, disease cases, measures taken, and contacts. The documentation requirements serve traceability and rapid disease control.
Import, Export and Trade Restrictions
The occurrence of ASF leads, under the relevant national and EU-wide laws, to significant export and import restrictions:
- Export bans on pigs, pork, and pork products from restriction areas
- Restriction on intra-Community movements
- Adjustment of veterinary regulations for trade with third countries, particularly those without ASF detections
These measures have significant impacts on both domestic and international meat industries and, in cases of non-compliance, result in corresponding administrative and criminal consequences.
Criminal and Administrative Offences Law Aspects
Violations of disease control regulations relating to ASF can be sanctioned as administrative offences as well as criminal acts:
- Administrative offences: Violations of reporting, notification or operational requirements can be punished with significant fines (§ 32 TierGesG).
- Criminal law consequences: Negligent or intentional spread of the disease can also be prosecuted criminally, especially in cases of non-compliance with official orders, culling orders, and movement bans.
Special Features of African Swine Fever in International Law
The handling of ASF is also the subject of international requirements, especially those of the World Organisation for Animal Health (WOAH, formerly OIE). Notification obligations, control measures and animal trade regulations are aligned with international standards to minimize worldwide spread and economic damage. Contracting States are obliged to report ASF outbreaks promptly and to implement coordinated measures accordingly.
Summary
African Swine Fever is a notifiable viral disease of high relevance to animal health and the economy, the control of which is subject to strict legal requirements at national, European, and international levels. The legal norms include, in particular, notification and documentation obligations, control measures, restriction zones, compensation regulations, export and import restrictions, as well as liability and criminal law consequences. Effective containment of ASF requires close cooperation between animal keepers, authorities, and economic stakeholders, and mandates strict adherence to all relevant legal provisions.
Frequently Asked Questions
What reporting obligations exist in the event of suspected African Swine Fever?
In the event of suspected African Swine Fever (ASF), there is an immediate reporting obligation under the Animal Health Act (TierGesG) in conjunction with the Swine Fever Ordinance. Every person—especially animal keepers, veterinarians, and individuals in professional contact with pigs—is required to report even the mere suspicion of ASF to the competent veterinary authority without delay (§ 4 TierGesG). The report must include all relevant information, particularly regarding the number and whereabouts of the animals, observations within the herd, and measures already taken. The veterinary authority then examines the facts and, if necessary, orders further measures such as official sampling and restriction measures. Failure to comply with the reporting obligation may be prosecuted as an administrative offence and result in substantial fines.
What official measures can be ordered in the event of an outbreak of African Swine Fever?
In the event of a confirmed outbreak of African Swine Fever, extensive official measures are implemented on the basis of the Swine Fever Ordinance and EU regulations (especially Regulation (EU) 2016/429, “Animal Health Law”): Initially, the affected holding is immediately closed, and all pigs may no longer be moved. The infected population is surrounded by a restricted zone (usually 3 km) and a surveillance area (usually 10 km), the exact boundaries of which are determined by the competent veterinary authority. Strict restrictions regarding animal movements, transport, and hunting activities apply within these zones. The culling and safe disposal of all pigs in the affected population are generally required. A thorough cleaning and disinfection of the stables is also carried out. In addition, random checks are conducted at neighboring farms and complete traceability of potential contact farms is ensured.
What compensation are animal keepers legally entitled to after an ASF outbreak?
Animal keepers whose livestock must be culled by official order are generally entitled to compensation in accordance with § 15 TierGesG and the Compensation Ordinance (Animal Health Act Compensation Ordinance). Compensation usually covers the fair market value of the animals at the time of the order, costs for disposal and, where applicable, additional expenses incurred due to the measures ordered. The amount of compensation is determined by the competent authority upon application. However, financial losses arising from lost profits or consequential losses (e.g., depreciation of breeding sows or piglets) are not compensated. Payment is contingent on the affected animal keepers properly complying with the regulations and orders.
What applies to the trade and transport of pigs and pork from restriction areas?
Upon the occurrence of African Swine Fever, immediate trade and transport restrictions are imposed for pigs and pork from designated restriction areas (protection and surveillance zones) in accordance with the Swine Fever Ordinance and European legal acts. Pigs and their products are generally prohibited from being moved out of these areas unless, under strict conditions, authorities have exceptionally granted permission. For permitted transports, special measures such as enhanced documentation obligations, disinfection of vehicles, and official examination of the animals are required. Businesses that violate these movement bans must expect substantial sanctions and fines; in addition, violations can be prosecuted under criminal law.
What legal obligations exist for hunters when finding dead wild boar?
Under § 2 para. 2 of the Swine Fever Ordinance, hunters are required to report any discovery of dead or apparently ill wild boar immediately to the competent veterinary authority. In addition, they must precisely document the location and, if possible, secure the wild boar on site to prevent further spread of virus material. Samples (especially blood and organ tissue) may only be taken on behalf of and under the guidance of the veterinary authority. The independent removal or processing of carcasses is strictly prohibited. Violations of these notification and cooperation obligations constitute an administrative offence and can be punished with fines.
What documentation obligations exist for pig-keeping farms with regard to ASF?
Pig-keeping farms are required under § 24 TierGesG and supplementary special legal provisions to keep constantly up-to-date records on livestock population, purchases, departures, and animal movements. This documentation obligation serves to ensure complete traceability of all potential contacts in the event of a disease outbreak. In addition, measures for internal biosafety management, cleaning and disinfection activities, and, if applicable, visitor logs must be documented. Records are to be retained for years and presented to the competent authority upon request. Incomplete or missing records can result in sanctions or loss of compensation claims in the case of a disease outbreak.
What penalties or legal consequences may result from violations of ASF control measures?
Violations of ordered measures to control African Swine Fever—such as reporting requirements, movement bans, hygiene regulations, or restriction measures—are considered administrative offences under the TierGesG and can be punished with fines of up to 30,000 euros. If the offence is serious or repeated, it may, under § 38 TierGesG, constitute a criminal offence, which can even result in imprisonment of up to two years. In addition to official measures, further legal consequences can include professional bans, revocation of permits, or exclusion from compensation payments. Hunting law consequences or the revocation of a transport licence are also possible.
