French, European, and Canadian Legislation on degus

The ownership and care of degus are regulated by laws that vary depending on the country. It is essential to understand these laws to avoid legal issues. The applicable rules differ based on the mode of ownership (breeding, association, private individual), and it is crucial to comply with the appropriate regulations.

French Legislation

In France, the Octodon degus is considered a wild animal because it is not included in the list of domestic species under the decree of August 11, 2006⁰¹. Any species not listed is considered non-domestic in France.

The conditions for keeping degus are governed by the decree of October 8, 2018⁰², which sets the general rules for keeping non-domestic animals. As with any non-domestic species, anyone who keeps degus in captivity must meet the following requirements:

1. Provide appropriate housing, facilities, and equipment to ensure the well-being of the animals, meeting their physiological and behavioral needs.
2. Possess the required knowledge and skills appropriate to the species and number of animals to maintain their health and well-being.
3. Prevent risks related to their safety, as well as the safety and tranquility of others.
4. Prevent the animals from being introduced into the natural environment and the transmission of human or animal diseases.

Each degus must be accompanied by a certificate of transfer since it is a non-domestic species⁰³, using the Cerfa form 16198*01. Transfers between private individuals must be free of charge, as the sale of wild animals is prohibited⁰³. The conditions for keeping degus vary depending on the keeper’s status. In France, the sale of a non-domestic animal by a private individual is prohibited. The Octodon degus is not subject to mandatory marking by law.

• Private individuals: Private individuals are allowed to keep up to 40 degus without needing to make any declaration or request authorization. Beyond this number, a certificate of capacity is required to keep the species.
• Breeders:
  • Non-professional breeders do not need to declare or seek authorization as long as the number of degus does not exceed 40, the breeding is non-commercial, and the number of degus transferred for free or for a fee within a year does not exceed the number of specimens produced.
  • Professional breeders are subject to a licensing requirement and must have a certificate of capacity for the person responsible for the care of the animals. The application for a certificate of capacity will be processed and considered by the departmental directorates of employment, labor, solidarity, and population protection (DD(ETS)PP) provided that the applicant meets the experience and training conditions defined by the modified decree of December 12, 2000⁰⁴.
• Wild animal refuges and sanctuaries: The operator of a refuge or sanctuary for captive wild animals must hold the certificate of capacity provided for in Article L. 413-2 of the Environmental Code for an activity involving the breeding of the species present on site when there is no public display. In the event of public display, a certificate for this activity is required. The establishment must also have received an opening authorization as provided for in Article L. 413-3 of the same code.
• Associations without refuges / animal protection associations for domestic species: they cannot keep degus since this is a wild species.

Register of Entries/Exits

All establishments keeping degus are required to maintain a register of entries and exits for degus using Cerfa form No. 15970*01. This register must include the following information:

• The name and first name of the breeder or the business name of the establishment,
• The address of the place of detention,
• The species and scientific name, which is: Octodon, Octodon degus,
• The date the animal entered the establishment, its origin, and, if applicable, the source and reference to the documents proving the regularity of the entry,
• The date the animal left the establishment, its destination, and, if applicable, the cause of death and reference to the documents proving the regularity of the exit.

This register must be regularly submitted to the departmental directorate of population protection at the prefecture of the department where the establishment’s headquarters are located and be available for inspection at any time.

Transfer/Sale

During the transfer or sale of a degus, both parties must complete a transfer certificate (Cerfa form 16198*01) which includes at least the following information:

• The common and scientific name of the species, which is Octodon, Octodon degus,
• The name or business name and full contact details of the transferor,
• The name or business name and full contact details of the transferee,
• The date, location, and financial terms of the transfer.

The transfer certificate must be made in at least two copies, each signed by the transferor and the transferee. One copy is kept by the transferor, and the other is kept by the transferee.

Additionally, in the case of a sale, the buyer must be provided with an information document about the degus, containing:

• The scientific and common names of the species,
• Its protection status,
• Its lifespan,
• Its adult size,
• Its social behavior,
• Its behavior, particularly any potential danger,
• Its reproduction mode,
• Its diet and daily ration,
• Its housing conditions,
• Any additional information deemed useful to ensure the fulfillment of its physiological and behavioral needs.

This information document must also include the following statement: “To preserve wildlife, the animal you have acquired should not be released into the wild.”

Swiss Legislation

As in France, the degu (Octodon degus) is considered a wild animal under the definition of the ordinance on animal protection (OPAn)⁰⁵ of April 23, 2008. However, it can be regarded as a pet if it is kept out of interest in the animal or as a companion in the owner’s household⁰⁶.

Unless there are specific cantonal regulations, there is no limit on the number of degus kept in a single household. However, they must always be kept in accordance with their needs. The number of degus kept should be consistent with the time and resources available to the caretaker.

The legislation sets mandatory minimum conditions^{07 08} for keeping Octodon degus:

• Individual keeping is prohibited.
• Minimum area for 2 to 5 degus: 0.5 m², volume: 0.35 m³, minimum height: 70 cm (e.g., enclosure 100 cm long, 50 cm wide, and 70 cm high).
• Minimum area for more than 5 degus: 0.2 m² per additional degu.
• Although raised surfaces are beneficial, they cannot be included in the calculation of the minimum area.
• Sufficient hiding places for all animals, gnawing objects like branches, a sand bath, and bedding at least 30 cm deep.

These recommendations are below the guidelines of our site and the CARA charter, which requires a minimum floor area of 26,000 cm², or 2.6 m², for 5 degus.

Anyone wishing to breed must ensure that they acquire animals that are healthy and free of restrictive characteristics. To breed professionally, one must obtain authorization and undergo training. According to the Animal Protection Ordinance⁰⁵, breeding should not cause the animal pain, suffering, or harm, nor deeply alter its physical appearance or abilities. Breeding should aim to produce healthy animals. Anyone wishing to breed must first learn about any hereditary problems in the breeders and offspring. Before any mating, animals suspected of suffering from moderate or severe constraints should be examined.

A cantonal permit is required if a person transfers more than 300 mice, rats, hamsters, gerbils, or degus (combined) per year⁰⁹. For further details, contact the local canton. For boarding or animal shelters, which accommodate animals temporarily or take in and care for ownerless animals or those separated from their owners, authorization is required if more than 5 animals are cared for within 24 hours¹⁰. Specific training is also required.

Adequate training and a cantonal permit are required for professional animal trade, including zoological trade, livestock trading, animal placement, small animal markets, and exhibitions where animals are traded. The same applies to advertising with live animals¹¹. Anyone selling companion or wild animals professionally must inform the new owner in writing of the animal’s needs, care, and specific legal requirements.

Thanks to the Swiss veterinary services for their assistance in our research.

Belgian Legislation

The degu is listed among mammals that can be kept without special authorization in Belgium under the name ‘Dègue du Chili'¹² However, this must be done in accordance with the species’ needs and animal welfare.

Luxembourg Legislation

The Octodon degus is included in the Grand Ducal regulation of November 16, 2018, which lists the animals authorized for possession without special authorization¹³.

However, it is important to comply with the Animal Protection Law¹⁴, which states that any person who owns, is responsible for, or takes care of an animal must:

• Provide the animal with appropriate food, water, and care suitable for its species, as well as housing adapted to its physiological, ethological, and ecological needs;
• Avoid restricting the animal’s natural needs for exercise and movement in such a way that it causes pain, suffering, distress, damage, or injury;
• Ensure that lighting, temperature, humidity, ventilation, air circulation, and other environmental conditions of the animal’s housing meet the physiological and ethological needs of the species;
• Adequately treat any sick or injured animal;
• Refrain from performing unjustified acts that cause pain, suffering, distress, damage, or injury to the animal;
• Not mistreat or subject the animal to active or passive cruelty;
• Not kill an animal in a cruel manner.

Canadian Legislation

In Canada, the Octodon degus is considered a non-domestic species¹⁵, and when importing it, the minister must be notified in writing no earlier than 45 business days and no later than 10 business days before the importation¹⁶. The degus is not listed in annexes 1 and 2, so there are no restrictions on keeping it.

However, it is prohibited in certain regions, notably in Saskatchewan since 2021¹⁷.

Its care must comply with the species’ needs and adhere to Canadian animal welfare laws¹⁵.

Dutch Legislation

The publication in the official journal on May 1, 2024, announces the prohibition of keeping animals considered wild starting July 1, 2024, in the Netherlands. This includes the Octodon degus, which has not been listed as a permitted domestic or wild species for ownership¹⁸¹⁹.

A transitional arrangement allows individuals who own octodons and pregnant females to keep or transfer them to others; however, it is subject to several conditions:

• The owner must be able to prove that they owned these animals before July 1, 2024 (through a transfer certificate, receipt, invoices, microchip, etc.). Photographs and testimonies are considered insufficient proof.
• The owner must ensure that these animals can no longer reproduce, either through neutering or by separating the sexes.

Sources

Thank you to S. for his legal assistance and review of this article.

1. Arrêté du 11 août 2006 fixant la liste des espèces, races ou variétés d’animaux domestiques[↩]
2. Arrêté du 8 octobre 2018 fixant les règles générales de détention d’animaux d’espèces non domestiques[↩]
3. Avoir un nouvel animal de compagnie (NAC) : quelles sont les règles ?[↩][↩]
4. Arrêté du 12 décembre 2000 fixant les diplômes et les conditions d’expérience professionnelle requis par l’article R. 413-5 du code de l’environnement pour la délivrance du certificat de capacité pour l’entretien d’animaux d’espèces non domestiques[↩]
5. Art. 2, alinéa 1, lettre a et b OPAn[↩][↩]
6. Art. 2, alinéa 2, lettre b OPAn[↩]
7. Art. 10 OPAn[↩]
8. chiffre 45 du tableau 1 de l’annexe 2[↩]
9. Art. 101 OPAn[↩]
10. Art. 101 OPAn[↩]
11. Art. 103 et suivants OPAn[↩]
12. Arrêté du gouvernement Wallon fixant la liste des mammifères pouvant être détenus[↩]
13. Règlement grand-ducal du 16 novembre 2018 fixant les listes des animaux autorisés et les modalités particulières des
    demandes d’autorisation de détention[↩]
14. Loi ayant pour objet d’assurer la dignité, la protection de la vie, la sécurité et le bien-être des animaux[↩]
15. B-3.1, r. 0.1 – Règlement sur le bien-être et la sécurité des animaux domestiques de compagnie et des équidés[↩][↩]
16. C-61.1, r. 5.1 – Règlement sur les animaux en captivité[↩]
17. Restricted Species[↩]
18. Besluit van de Minister van Landbouw, Natuur en Voedselkwaliteit van 17 april 2024, nr. WJZ/ 52639951, tot aanwijzing van diersoorten die gehouden mogen worden (Besluit huis- en hobbydierenlijst)[↩]
19. Regeling van de Minister van Landbouw, Natuur en Voedselkwaliteit van 17 april 2024, nr. WJZ/ 52425677, tot wijziging van de Regeling houders van dieren vanwege het aanpassen van voorschriften voor de huis- en hobbydierenlijst en de circusdierenlijst[↩]