Definition and legal classification of anthrax
Anthrax is an infectious disease caused by the bacterium Bacillus anthracis which can affect both animals and humans. The pathogen is predominantly found in soil and may particularly occur in grazing animals. Due to its potentially severe course and its role as a possible biological hazard, anthrax holds significant legal relevance within the German and European legal framework.
In the legal context, anthrax is addressed especially in animal disease law, disease protection law, criminal law, as well as in connection with biological weapons. The legal regulations govern prevention, notification requirements, control, and the sanctioning of relevant violations.
Anthrax in animal disease law
Notification obligations and measures in case of outbreak
Anthrax is among the notifiable animal diseases pursuant to § 1 of the Livestock Disease Ordinance (ViehSeuchV). In cases of suspicion, outbreak, or confirmation of infection, measures for the protection of humans and animals must be taken without delay according to § 4 para. 1 TierGesG (Animal Health Act). The key legal obligations include:
- Immediate notification to the responsible authority (usually the veterinary office)
- Imposition of operation shutdowns and targeted quarantine measures
- Safe disposal of infected animals in accordance with the Animal By-Products Disposal Act (TierNebG)
- Monitoring, disinfection, and, if necessary, decontamination of affected areas and stables
Failure to comply with these duties can be sanctioned as an administrative offense or even as a criminal offense pursuant to § 42 TierGesG.
Movement restrictions and protective measures
Once a case of anthrax is officially confirmed, the responsible authority regulates movement restrictions for animals, animal products, and, if necessary, agricultural means of production. In addition, statutory regulations regarding proper storage and destruction of any dairy or meat products must be observed.
Anthrax under infection protection law
Notification requirement for anthrax in humans
Anthrax is classified as a notifiable disease under § 6 and § 7 of the Infection Protection Act (IfSG). Physicians and laboratories are required to report any suspected case, illness, or death due to anthrax to the relevant public health authority.
Supervision and control measures
The public health authority is granted further powers pursuant to § 16 IfSG in order to issue orders to prevent the further spread of anthrax. These include quarantine measures, orders for disinfection, and extended monitoring of the environment of potentially infected persons.
Criminal law aspects of anthrax
Use as a biological hazardous substance
Due to its high level of danger, anthrax is also considered a biological weapon. According to §§ 307 to 310 of the Criminal Code (StGB), the unauthorized production, distribution, or release of pathogens that can cause serious dangers to humans or animals is punishable by severe prison sentences.
In particular, the intentional release of anthrax pathogens may be classified as a serious act of violence under § 308 StGB. In especially severe cases, the penalty can reach up to 15 years’ imprisonment.
Protection of critical infrastructure
Within the scope of security law and disaster control law, authorities are required to maintain prevention and emergency plans in case of a possible bioterror attack involving anthrax. This includes the storage, transport, or illicit trade of anthrax spores within the meaning of § 306c StGB (causing an explosion by nuclear energy, explosives, or comparable means).
Anthrax and occupational health and safety
Biological agents ordinance and workplace protection
Employers who come into contact with potentially contaminated materials or anthrax agents in laboratory operations are subject to the strict requirements of the Biological Agents Ordinance (BioStoffV) and the Hazardous Substances Ordinance (GefStoffV). These require a detailed hazard assessment, protective measures for employees, and comprehensive documentation.
Notification and documentation obligations
Veterinary law and human medicine
The legal regulations require extensive records on suspected cases, measures taken, and their effectiveness. These documentation obligations also serve as proof in case of official inquiries as well as in criminal or administrative proceedings.
—
International regulations and cooperation
European Union
Within the framework of the European Union, anthrax is included in the list of notifiable animal diseases pursuant to EU Regulation (EU) 2016/429 (“Animal Health Law”). Member states are required to centrally report outbreaks and developments, and to coordinate control measures across borders.
World Organisation for Animal Health (WOAH)
At the global level, notification requirements and controls are governed by the standards of the World Organisation for Animal Health (WOAH, formerly OIE). These standards influence trade restrictions and measures to maintain public health.
Conclusion
Anthrax is a legal term that goes far beyond mere medical-biological classification. Comprehensive legally binding regulations affect animal disease law, infection protection law, criminal law, security law, labor law, as well as European and international law. The relevance of anthrax arises from its epidemiological, health-related, and security-related hazard potential, combined with special regulations on prevention, notification, control, and sanctioning. A comprehensive legal understanding is essential for all involved parties—from owners of agricultural livestock to authorities and health protection institutions.
Frequently Asked Questions
Who has a notification requirement if a case of anthrax is detected?
Under the German Infection Protection Act (IfSG), there is an explicit reporting obligation for certain diseases, including anthrax. This obligation primarily concerns physicians, veterinarians, heads of medical institutions, and laboratory directors who either directly or indirectly detect Bacillus anthracis or suspect anthrax on clinical grounds. For animals, a notification requirement also applies, so animal owners and veterinary practices must immediately inform the responsible veterinary authority. The report must be submitted to the relevant public health or veterinary office within 24 hours of becoming aware of the suspicion or detection—a phone notification is additionally possible if immediate action to protect the public is required.
What legal consequences are threatened in case of breach of the notification requirement under the Infection Protection Act?
Violation of the notification requirement in the event of suspected, confirmed, or fatal anthrax constitutes an administrative offense under § 73 IfSG. If the duty to report is not fulfilled intentionally or negligently, this can be penalized with a fine of up to 25,000 euros. In particularly serious cases—for example, if failure to report facilitates the spread of the disease—criminal prosecution may also be initiated under § 74 IfSG, up to and including imprisonment. For veterinarians and persons working in connection with animal disease legislation, further disciplinary measures are possible.
Is the handling of anthrax subject to special regulations for biological substances in the workplace?
Yes, the handling of anthrax or its pathogen Bacillus anthracis is specifically regulated by the Biological Agents Ordinance (BioStoffV). The pathogen belongs to risk group 3 and is classified as a particularly dangerous biological agent. Employers who allow activities involving the risk of exposure to anthrax—for instance, in laboratories, animal carcass disposal facilities, or work with animal products from endemic areas—are required to implement comprehensive protective measures. These include risk assessment, employee training, suitable protective clothing, and technical safety precautions. Violations of occupational health and notification requirements can result in fines and, in the event of personal injury, criminal consequences.
What storage and disposal duties apply for materials contaminated with anthrax?
For contaminated materials and animal carcasses, immediate proper disposal is required under animal disease and infection protection laws. Materials contaminated with Bacillus anthracis must be treated as hazardous infectious waste according to the requirements of the Biological Agents Ordinance and the Waste Catalogue Ordinance, securely packed, and destroyed by specialized disposal companies. Documentation and proof obligations are particularly high in this regard; all measures must be recorded in detail to provide complete documentation in the event of official inspections.
To what extent do special regulations apply regarding the transport of anthrax pathogens?
The transport of Bacillus anthracis is subject to dangerous goods regulations, specifically ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road). Shipping is only permitted using specially approved packaging and transport companies. In addition, detailed accompanying documents must be kept, and the relevant authorities must be informed. Any unauthorized or improper transport constitutes an administrative offense and may result in criminal investigation.
Are there any claims for compensation in cases of economic damage due to an anthrax outbreak?
The IfSG and the Animal Health Act provide for compensation claims under certain conditions. This applies, for example, to farmers or businesses whose animals are slaughtered or whose products are seized and destroyed due to an officially recognized anthrax outbreak. Compensation payments must be applied for with the competent authority and are subject to strict formal and substantive requirements, such as documentation obligations, adherence to reporting deadlines, and cooperation in control measures.
What special obligations exist for animal owners after confirmation of anthrax?
Animal owners are required to immediately report any suspicion of anthrax to the responsible veterinary authority, to isolate affected animals, and to prevent any contact with other animals or people. There is also an obligation to comply with official orders, such as access bans, quarantine measures, or cleaning and disinfection orders. Breach of these duties may not only result in fines or criminal prosecution, but also civil liability claims in the event of damage.
