Having a new pet (Nac): what are the rules?

The keeping of animals of non-domestic species may be:

• Free, i.e. not requiring any formality
• Or be subject to declaration
• Or be subject to prior authorization.

Non-domestic animals are thus classified into 3 categories by one ministerial order (annex 2) :

1. Species of which detention in captivity is free. These are the species listed in column (a) of the table in schedule 2 to the ministerial order. Animals must not be kept for commercial purposes in order to be sold, and in particular the reproduction of animals must not be aimed at the usual production of animals for sale. For some species, detention is free provided that no more than a certain number of animals are kept. If this number is exceeded, detention becomes, depending on the species, subject to declaration or authorization.
2. Species whose captivity is subject to declaration to the prefect of the department of the place of detention. These are the species listed in column (b) of the table in schedule 2 to the ministerial order. Animals must not be kept for commercial purposes in order to be sold, and in particular the reproduction of animals must not be aimed at the usual production of animals for sale. Detention is subject to declaration provided that no more than a certain number of animals are kept. If this number is exceeded, detention becomes subject to authorization. In the case of birds of prey whose name is followed by the symbol (**),, animals may be kept only for personal use in the course of hunting for flying, and within the limit of a total number of six birds of prey.
3. Species whose captivity is subject to authorization and to possession of a certificate of competence for the maintenance of such animals. These are the species listed in column (c) of the table in schedule 2 to the ministerial order. The place of accommodation of these animals shall automatically constitute a breeding establishment and you are automatically considered a breeder. The keeping of such animals shall be subject to authorization to open the breeding establishment by the prefect of the department in which the establishment is located. And one of these conditions must be met:
   
   • The number of animals kept in the farm shall be equal to or greater than the number indicated in column (c) of the table in Annex 2 to the Ministerial Order. For some species, this number is 1, i.e. the place of detention is considered to be a breeding operation and the existence of this place is subject to prefectural authorization and holding a certificate of competency even if you have only one animal
   • Or the number of animals housed exceeds 40 for mammals, 100 for birds, 40 for reptiles or 40 for amphibians
   • Or the total number of adult animals housed exceeds 40 if they belong to several of the following zoological classes: mammals, birds, reptiles, amphibians
   • Or the breeding is practiced for profit.

Thus, the sale of a non-domestic animal by an individual is prohibited.

You can purchase a non-domestic animal from a shelter, pet store or breeding facility.

It is prohibited to bring into France, to hold, transport, exchange, sell or buy certain species. The names of the species concerned are followed by the symbol * in the table in Annex 2 to the Ministerial Order.

The hybrid animals who, in the previous 4 generations, have had at least one specimen of a non-domestic species are considered non-domestic.

In the event of a dispute as to whether or not an animal is domesticated, the burden of proof that the species, breed or variety is domesticated shall lie with the owner.

Where a hybrid animal comes from a parent belonging to a domestic species and a parent belonging to a non-domestic species, the conditions of detention applicable to it shall be those of the parent of a non-domestic species.

Where a hybrid animal comes from 2 parents belonging to non-domestic species, the conditions of detention applicable to it are the most restrictive conditions of those of the 2 parents.

Failure to comply with these provisions may be punished by 3 years' imprisonment and €150,000 of fine.

One mammal, one bird, one reptile or a amphibian belonging to a protected species must be marked (identified) and entered in the national identification file for animals of non-domestic species (I-Fap) before being transferred to you.

Marking (or identification) is carried out by the following means:

• Tattoo or microchip for the mammals
• Ring or electronic chip for the birds or where this is not possible because of the biological or morphological characteristics of the animal, on the basis of a veterinary certificate, dorsal and ventral photographs, dated and accompanied by a graduated scale, taken at the juvenile stage and then at the adult stage
• Electronic chip for the reptiles and amphibians or when this is not possible due to the small size of the animals, on proof from a veterinarian, photographs dated and accompanied by a graduated scale, taken at the juvenile stage and then at the adult stage.

If an animal belonging to a protected species is born in your home, you must have it identification within one month of birth and its registration to I-Fap within 8 working days according to its identification.

However, the marking requirement does not apply to birds of certain species born and bred in captivity.

In the event of biological impossibility to mark your pet within one month of birth, justified by a veterinarian, the marking may be carried out later, but it must always be carried out before the animal leaves the place where it is kept.

In the case of birds, reptiles and amphibians, for which identification by electronic chip is not possible, the animals may be removed from the place where they are kept provided that the breeder can guarantee the traceability of the animals by photographic identification, dated and accompanied by a graduated scale:

• In turtles, a photograph of the breastplate
• In snakes, photographs of the head in close-up (top and profile), the dorsal face and the ventral face of the animal (prelocal posterior part, in particular). For venomous snakes and in order to avoid any risk when handling them, a photograph of the general appearance of the snake may be sufficient
• In lizards, a dorsal and ventral ensemble photograph and a photograph of the plates above the head
• In amphibians, a profile view of the head with a close-up of the eye and a photograph of the ventral and dorsal faces to identify the pattern of the specimen
• In birds, a dorsal and ventral photograph.

Any abnormalities, including missing fingers or toes and if the tail is regenerated or cut, should be noted.

In the case of detention on day parole or in groups, or where the capture poses a risk to the animal or the safety of the persons carrying out the capture, the marking may be postponed until 1^re taking back the group animal. The marking must be carried out before the animal leaves for a new destination.

If you keep an animal belonging to a protected species, and for which you have obtained an exceptional authorization to catch or take in the natural environment, the identification must be carried out immediately, under the supervision of a judicial police officer.

For animals coming from a country other than France, the marking must be carried out within 8 days of arrival at the place of detention unless the animal is already identified by electronic chip readable in France.

The marking must be performed by a veterinarian.

In some cases, marking may be carried out:

• By bird breeders for the marking by closed ring of animals born in their own breeding
• Under the supervision of a forensic police officer by bird breeders for the marking by open ring in place of a broken, illegible or lost closed ring except in the case of birds belonging to a species for which the marking by open ring is not authorized
• Under the supervision of a judicial police officer by persons who carry out ring marking of birds taken from the natural environment, and for which the owner has obtained an exceptional authorization to catch or take from the natural environment.

An animal already marked can be marked a 2^e twice by a different process in accordance with the authorized processes (for example tattooed and then chipped).

The veterinarian who marks or remarks an animal shall immediately draw up and issue a marking declaration to the owner of the animal. This document must be kept by the owner of the animal for an unlimited period.

The veterinarian shall also enter the animal in the national identification file for non-domestic animals kept in captivity (I-Fap) and keep a copy of the marking declaration for at least 5 years.

In the case of birds, where the marking is not carried out by a veterinarian, the person who marked the animal shall register it in the I-Fap. The judicial police officer under whose control the marking was carried out countersigns the marking declaration.

When photographs of the animal are used as markings, the owner of the animal registers it with the I-Fap.

In the case of animals coming from a country other than France, it is up to the owner to register the animal in the I-Fap.

If the microchip or tattoo is to be removed during a veterinary treatment, a new identification must be carried out by the veterinarian at the end of the treatment.

Identification consists in assigning the animal a unique number and registering your name and address with the I-Fap, associated with this number.

Identification of your pet allows you to be contacted if your pet is found after being lost or stolen. It is also a guarantee of its origin and a means of combating trafficking.

The declaration of identification to I-Fap shall include the following information:

• Description of the animal
• Scientific and vernacular names of the species or subspecies
• Sex if it is known
• Age or date of birth if known
• Special characters if they exist. This element can be illustrated by a photograph
• Origin (birth in captivity or importation), if known
• Method and location of marking
• Marking Number
• In the case of double marking, method, location and number of the second marking
• In the case of a new marking, process, location and number of the old marking
• Date on which the identification was carried out
• Date of acquisition of the animal
• Name, surname and postal address of the owner at the time of identification
• Surname, first name and postal address of the person who carried out the identification.

If you change your mailing address, you must update your contact details at I-Fap.

In case of death or theft of your pet, you must also report it to I-Fap.

If you give up your pet, you must provide the new owner with theoriginal of the marking declaration of your pet and keep a copy.

You must send the certificate of transfer within 8 days to I-Fap, which then changes ownership in the national identification file.

Registration of the animal to the I-Fap must be done within 8 working days, from the date of its marking, and the data concerning it must be updated within 15 working days, starting from the event justifying it.

The obligation to register in the I-Fap does not apply to animals which are to be reintroduced into the natural environment.

Identification file for non-domestic animals (I-Fap)

If you keep animals of non-domestic species including detention is subject to declaration or to prior authorization and possession of a certificate of competency, you must keep a record of the entry and exit of the animals you keep in captivity.

This register, the pages of which are numbered, must contain, in ink, without blank, scratch or overload, your surname, first name and address of the place where the animals are kept and, for each animal, the following information:

• Species to which it belongs, designated by its scientific name and its vernacular name
• Identification number if the animal belongs to a protected species and identification is therefore mandatory
• Date of arrival at your home and origin of the animal and, if applicable, provenance and reference to the proof of its entry into France
• Date of departure of the animal, destination and, where appropriate, cause of death and reference to the evidence of the proper destination of the animal.

The register must be filled in on the same day at each event. All documents justifying the regularity of the information recorded must be annexed to the register.

The register may be kept in digital form if it provides the necessary evidence.

An edition of the computerized register shall be transmitted, possibly by electronic means, once a quarter to the DDPP: titleContent of the prefecture of your department, unless no event was reported during the quarter.

You must keep the register and supporting documents for at least 5 years from the closing of the register. The register shall be considered closed when the reason for departure is completed and dated for all animals entered.

The owner of a pet must insure him quality food sufficiently balanced and in adequate quantity to keep it in good health.

One clean water supply, frequently renewed and protected from frost in winter if the animal lives outdoors, must be constantly available in a clean container.

It is forbidden to lock up a pet in conditions incompatible with its physiological needs, in particular in terms of ventilation, light or heating.

The animal must, in all circumstances, have sufficient space and shelter from the elements.

He is forbidden to lock an animal in the trunk of a car without an effective ventilation system, both stationary and in operation.

When an animal remains inside a vehicle in extended parking, the owner must ensure that the animal has enough air.

In hot or sunny weather avoid locking an animal in a car. If this is not possible, the vehicle must be parked in a shaded area.

Depending on the animal, you need to have a suitable cage, truck or van.

As the owner of an animal, you are responsible for the damage caused by your animal whether it was in your care or lost or escaped.

It is forbidden to allow a non-domestic animal tamed or held in captivity to wander.

A non-domestic animal tamed or held captive, found wandering, may be impounded at the request of the mayor.

An individual may also seize or cause to be seized, on his property, by the police or the gendarmerie, a non-domestic animal tamed or held captive, escaped or that its holder lets wander. The seized animal is taken to an impound.

In the impound, the animal is kept at the expense of the owner or keeper.

At the end of a clear period of 8 working days on call, the animal is considered abandoned if it has not been claimed by its owner from the mayor of the commune where it was seized. The mayor can then give it up or, after consulting a veterinarian, have it euthanized.

For the calculation of the 8 working days deadline, the 1^er day, day of arrival of the animal at the pound, is not taken into account. The day after 8^e working day is not taken into account either.