Facts
The appellant, a farmer, kept a large number of animals on his farm, including cattle, calves, goats, sheep, pigs, chickens, and rabbits. The animal welfare authorities of the cantons of Appenzell Ausserrhoden and St. Gallen issued several rulings and warnings against the appellant to remedy deficiencies in animal husbandry. The appellant was repeatedly convicted of violating the Animal Welfare Act. The veterinary office of the canton of Appenzell Ausserrhoden imposed an unlimited ban on keeping livestock on the appellant on February 20, 2012. The Court of Appeal of Appenzell Ausserrhoden dismissed the appellant's appeal against this ruling.
The appellant requested the Federal Court to overturn the judgment of the Court of Appeal and to refrain from imposing a ban on keeping animals. The legal service of the cantonal chancellery and the Court of Appeal of the canton of Appenzell Ausserrhoden as well as the Federal Office for Food Safety and Veterinary Affairs requested that the appeal be dismissed.
Considerations
The Federal Court examined whether the Court of Appeal was entitled to impose an unlimited ban on keeping animals on the appellant pursuant to Art. 23 para. 1 AniWA. The court found that the appellant, despite numerous opportunities, did not permanently ensure that the animal welfare regulations were complied with on the farm for all his animals. The lower court was entitled to assume that the appellant is incapable of keeping animals (Art. 23 para. 1 lit. b AniWA).
The Federal Court also rejected the appellant's complaint that the ban on keeping animals was not proportionate. The court found…