Senate - In response to Arnaud Bazin, the ministry confirms the ban on the allocation of goldfish - and all pets

Written question No. 03957 by Arnaud Bazin (Val-d’Oise – Les Républicains)

published in the Senate Official Gazette of 11/24/2022 – p. 5801

Mr. Arnaud Bazin draws the attention of the Minister of Agriculture and Food Sovereignty to the non-compliance with article L214-7 of the Rural and Maritime Fisheries Code. The article prohibits the transfer of pets that are not expressly used as pets. Therefore, a pet cannot be earned during a lottery or game. In accordance with Article I of Article L 214-6 of the Rural and Maritime Fisheries Code, goldfish are pet animals. On 27 January 2021, during the examination of the bill against the abuse of animals, the Minister of Agriculture and Food confirmed, before the national representation, that, on the basis of this article L.214-7 the basis legislation allows you to prohibit the transfer of goldfish in carnivals and other events of the same type.

Yet goldfish continue to be widely sold as prizes, especially at fairground duck fishing stands. In 2022, the regional press broadcast several notices from associations denouncing the presence of goldfish at the fairs of Angers, Soissons, Perpignan, Toulouse, Rouen, Saint-Quentin, Chelles, Nantes, Sélestat, Oloron-Sainte-Marie, Saint- Jean-de-Luz and Vienna.

Furthermore, the acquisition of an animal through a lot is part of an unconsidered and often unwanted acquisition. The goldfish acquired in this way, after having often lived in unsuitable conditions, their involuntary keepers not having foreseen to invest in expensive equipment for aquariums, are frequently abandoned, above all during the holidays, bred in basins and streams where most he can’t survive.
He would therefore like to know how the Government intends to enforce this law and whether it is not appropriate to remind prefects and mayors of this prohibition.

Response from the Ministry of Agricultural Policies and Food Sovereignty

published in the Senate Official Gazette of 01/12/2023 – p. 166

Article L. 214-4 of the Rural and Maritime Fisheries Code (CPMR) mentions it it is forbidden to award any live animal as a prize or prize, with the exception of livestock in the context of festivals, fairs, sporting, folkloristic and local tradition events, competitions and agricultural events.

Pursuant to article R. 215-5-1, the fact of awarding a live animal as a prize or prize in violation of the provisions of article L. 214-4 is punishable by the fine provided for 4th class offences.

Goldfish do not fall into the category of so-called farmed animals, which includes species whose meat or products are to be sold for consumption or intended for the production of wool, skins, furs, as well as domestic equidae.

Thus the attribution in lots in the carnivals is prohibited. The control services intervene, where necessary, to verify the correct application of this regulatory provision.

The Ministry confirms that the awarding of goldfish as prizes is in fact prohibited. Could you remind mayors and prefects of what was suggested in the QE?@ParisZoopolis @BFMTV @Agri_Gov pic.twitter.com/POY0XOg4Wb

— Arnaud Bazin (@arnaud_bazinVO) January 13, 2023

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