S.I. No. 238/1990:

CARE AND WELFARE OF POULTRY (LAYING HENS) REGULATIONS, 1990.

CARE AND WELFARE OF POULTRY (LAYING HENS) REGULATIONS, 1990.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the Protection of Animals Kept for Farming Purposes Act, 1984 (No. 13 of 1984) (as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1987 ( S.I. No. 97 of 1987 )), hereby make the following Regulations:

1. These Regulations may be cited as the Care and Welfare of Poultry (Laying Hens) Regulations, 1990.

2. These Regulations shall come into operation on the 15th day of October, 1990.

3. (1) In these Regulations, except where the context otherwise requires--

"the Act of 1984" means the Protection of Animals Kept for Farming Purposes Act, 1984 (No. 13 of 1984);

"battery cage" means any enclosed space intended for laying hens in a battery system;

"battery system" means an arrangement of cages either or both beside and on top of each other;

"equipment" includes battery cages;

"intensive unit" has the meaning assigned to it by section 1 of the Act of 1984;

"laying hens" means adult hens of the species Gallus gallus which are kept for egg production and chickens of that species intended to be kept for egg production;

"the Minister" means the Minister for Agriculture and Food.

(2) In these Regulations--

( a ) a reference to a Regulation is to a Regulation of these Regulations unless it is indicated that reference to some other enactment is intended,

( b ) a reference to a paragraph is to a paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

4. (1) Subject to paragraph (2), these Regulations shall apply only to laying hens kept in a battery system or in an intensive unit.

(2) Regulation 6 and the Second Schedule to these Regulations shall apply only to laying hens kept in a free range system.

5. (1) Any person who owns or for the time being has under his control laying hens kept in a battery system or an intensive unit shall ensure that--

( a ) such system or unit complies with these Regulations, and

( b ) the persons engaged in the keeping of such laying hens are made aware of the provisions of these Regulations.

(2) A person who owns or for the time being has under his control laying hens kept in a battery system or an intensive unit and every person engaged in the keeping of such hens shall--

( a ) take every reasonable step for the proper care and welfare of those hens,

( b ) have particular regard to the Recommended Code of Practice set out in the First Schedule to these Regulations, and

( c ) comply with all reasonable requirements of an authorised person or inspector for ensuring the proper care and welfare of the hens.

6. A person who owns or for the time being has under his control laying hens in a free range system, that is to say, a system which does not consist of a battery system or other intensive unit, shall have particular regard to the Recommended Code of Practice set out in the Second Schedule to these Regulations.

7. (1) The design, construction and maintenance of buildings and equipment used in a battery system or intensive unit, including the form and type of materials used in their construction, shall be such as to prevent in so far as is possible any risk of injury, disease or suffering to laying hens and to reduce the risk of fire to a minimum.

(2) The buildings in which laying hens are housed shall be insulated and ventilated so that the ambient temperature, air velocity, dust level, relative air humidity and gas concentrations are kept within limits that are not harmful to them.

(3) ( a ) Equipment and fittings shall be designed and maintained in such a way as to minimise, as far as is practicable, the exposure of the laying hens to spills of feed or water or to droppings.

( b ) Feeding and watering equipment for laying hens shall be designed, constructed, placed and maintained so that contamination of feed and water is minimised.

(4) The facilities for storing and handling droppings in the buildings in which laying hens are housed shall be designed, located, maintained and managed so that the hens are not exposed to gases in toxic concentrations, being gases such as ammonia, hydrogen sulphide, carbon dioxide and carbon monoxide.

(5) The design, construction and maintenance of all relevant buildings and equipment shall be such as to allow, without difficulty, a thorough inspection of all laying hens.

8. (1) With effect from the 1st day of November, 1990, all newly constructed battery cages and all battery cages brought into use for the first time shall comply with the following requirements:

( a ) for each adult laying hen the minimum cage area, measured along the horizontal plane, shall be 450 cm , excluding non-waste deflection plates liable to restrict the area available, which area shall be capable of being used without restriction;

( b ) a feed trough, which may be used without restriction, shall be provided measuring at least 10 cm in length for each adult laying hen in the cage;

( c ) (i) unless nipple drinkers or drinking cups are provided, each battery cage shall have a continuous drinking channel of the same length as the feed trough mentioned in subparagraph (b), or

(ii) where drinking points are plumbed in, at least two nipple drinkers or two drinking cups shall be within reach of each cage;

( d ) battery cages shall be at least 40 cm high over 65 per cent of the cage area and not less than 35 cm at any point;

( e ) floors of battery cages shall be constructed--

(i) so as to be capable of supporting adequately each of the forward facing claws of each foot, and

(ii) so that the floor slope shall not exceed 14 per cent or 8 degrees or, in the case of floors using other than rectangular wire mesh, steeper slopes may be provided but shall not exceed 21.3 per cent or 12 degrees.

(2) With effect from the 1st day of January, 1995, all battery cages shall comply with the requirements set out in subparagraphs (a) to (e) of paragraph (1).

9. (1) The design and size of every battery cage opening shall be such as to allow an adult laying hen to be removed without causing it unnecessary suffering or injury.

(2) The battery cages shall be suitably equipped to prevent adult laying hens escaping.

10. A battery system comprising more than 3 tiers of battery cages shall be permitted only if suitable devices or measures make it possible to inspect all tiers without difficulty.

11. In intensive units, other than battery systems, the following requirements shall apply:

( a ) perching systems, where provided, shall be adequate and without sharp edges;

( b ) adequate nesting facilities shall be provided during the egg production period;

( c ) if food is not provided at pleasure, sufficient space shall be made available to permit all laying hens to eat at the same time.

12. (1) All automatic or other mechanical equipment essential for the health and welfare of laying hens shall be inspected at least once daily, and where a defect is discovered, it shall be rectified immediately or, if this is impracticable, appropriate steps shall be taken to safeguard the health and welfare of the laying hens until the defect has been rectified.

(2) Alternative ways of feeding and of maintaining a satisfactory environment shall be available for use in the event of a breakdown of equipment to which this Regulation relates.

(3) A suitable alarm system shall be provided to warn the person who is for the time being in charge of the laying hens of the failure of any essential automated ventilation equipment.

13. (1) The laying hens shall be cared for by a sufficient number of personnel with adequate knowledge and experience of such hens and of the type of egg production system used.

(2) All laying hens shall have access to adequate, nutritious and hygienic feed each day and to adequate supplies of fresh water at all times, except in any case of therapeutic or prophylactic treatment.

(3) Where artificial lighting is used, laying hens shall have an appropriate resting period each day during which the light intensity shall be reduced in such a way as to allow them to rest properly and every source of artificial light shall be mounted so as not to cause discomfort to the laying hens.

(4) The laying hens shall be thoroughly inspected at least once a day and for this purpose a source of light shall be available which is strong enough for each bird to be seen clearly.

(5) Where laying hens do not appear to be in good health, including behavioural changes, steps shall be taken to establish the cause and appropriate remedial measures shall be implemented including, where appropriate, treatment, isolation, culling or attention to environmental factors; if the cause is traced to an environmental factor within the production unit which it is not essential to remedy immediately, appropriate remedial action shall be taken as soon as practicable, being not later than when the accommodation is emptied and before the next batch of laying hens is put in.

(6) The stocking density shall be such as to avoid abnormal behaviour, apparent distress or injuries caused by trampling or pecking.

(7) Suitable methods of rodent and other vermin control shall be provided to protect laying hens.

(8) Those parts of any intensive unit (including battery systems) with which the laying hens come into contact shall be thoroughly cleansed and disinfected every time the accommodation is emptied and before a new batch of laying hens is put in and, while such intensive unit is in use, the surfaces and all equipment therein shall be kept satisfactorily clean.

14. (1) Subject to the provisions in paragraphs (2) to (6) all mutilation of laying hens shall be prohibited.

(2) Beak trimming of laying hens shall not be undertaken except as a last resort--

( a ) when it is clear that greater damage to the hens would result if it were not done, and

( b ) where--

(i) it is known that because of the breed or type of stock or any other factor there is a risk of serious pecking activity among the hens and no change in the system of management could reduce that risk,

(ii) there are malformations of the beak,

(iii) the trimming is confined to individual birds that are particularly aggressive, or

(iv) serious pecking activity occurs in an established flock and a change in the management system does not reduce it.

(3) ( a ) Beak trimming shall be carried out only by or under the supervision of a person experienced in beak trimming.

( b ) Subject to subparagraph (c), not more than a third of the beak, measured from tip towards the entrance of the nostrils, shall be removed.

( c ) If, on veterinary grounds, more than a third of the beak requires to be removed, the trimming shall be done only by a veterinary surgeon.

(4) Dubbing, if necessary as a last resort, shall in general be carried out only on chickens less than 72 hours old and where over 72 hours old dubbing shall be carried out only by a veterinary surgeon.

(5) ( a ) Cutting of the first phalanx of the inside toes (directed backwards), if necessary, shall be allowed only on chickens less than 72 hours old and shall be carried out only by or under the supervision of a person experienced in such cutting.

( b ) Toe cutting of birds over 72 hours old shall be carried out only by a veterinary surgeon on veterinary grounds.

(6) ( a ) Dewinging, pinioning, notching or tendon severing, which involves mutilation of wing tissues, shall not be undertaken.

( b ) When it is necessary to reduce the ability to fly, the flight feathers of one wing may be clipped by or under the supervision of a person experienced in such clipping.

(7) ( a ) The use of blinkers shall not be allowed except on the advice of a veterinary surgeon.

( b ) Blinkers which involve the penetration or other multilation of the nasal septum or which are likely to become entangled and cause the bird injury are prohibited.

FIRST SCHEDULE

Recommended Code of Practice for the care and welfare of laying hens in a battery system or other intensive unit.

1. For thorough inspection of the laying hens, special attention should be paid to bodily condition, movements, condition of plumage, skin, eyes, beaks, legs, feet and claws, and (where appropriate) combs and wattles; attention should also be paid to the presence of external parasites, to the condition of droppings, to feed and water consumption, to growth and to egg production level.

2. At the inspection, it is to be borne in mind that the healthy bird has sounds and activity appropriate to its age, breed or type, clear bright eyes, good posture, vigorous movements if unduly disturbed, clear healthy skin, good plumage, shanks and feet, and active feeding and drinking behaviour.

3. When considering accommodation for laying hens, the risk of damage caused by environmental factors such as noise, light, vibration and atmospheric pollution, should be taken into account.

4. Expert advice on health and welfare aspects should be sought when new buildings are to be constructed or existing buildings modified or when improved or new methods of husbandry or equipment are to be introduced.

5. As far as practicable, laying hens should not be exposed to constant or sudden noise. Ventilation fans, feeding machinery or other equipment should be constructed, placed, operated and maintained in such a way that it causes the least possible noise, both directly inside the accommodation and indirectly through the structure of the accommodation itself.

6. Where serious pecking activity occurs among the laying hens and a change in the management system, such as reduced lighting, does not eliminate the problem, new stock should not be introduced without every effort being made to identify and remove the possible cause.

7. In determining the stocking rate in intensive units other than battery systems, consideration should be given to the breed, system of housing, strain and type of bird, flock size, temperature, ventilation and lighting, as well as the number of perches or other suitable installations available; where birds feed from both sides of an undivided trough, sufficient space should be provided to avoid excessive competition between birds.

SECOND SCHEDULE

Recommended Code of Practice for the care and welfare of laying hens on free range.

Where laying hens are kept on free range--

( a ) flocks and portable houses should be moved with sufficient regularity to avoid continuously muddy conditions or contamination of the land with organisms which cause or carry disease to an extent which could seriously prejudice the health of the laying hens;

( b ) precautions should be taken to protect birds against predators, dogs and cats;

( c ) shelter from rain, sun and cold should always be available when necessary. Windbreaks should be provided on exposed land;

( d ) when laying hens are transferred to range houses, precautions should be taken to avoid overcrowding and suffocation, particularly during the first few nights. Laying hens should not be confined for too long during hours of daylight or subjected to direct sunlight during confinement; and

( e ) food and water should never be allowed to remain in a stale or contaminated condition. In freezing conditions, particular attention should be given to the provision of water.

GIVEN under my Official Seal, this 5th day of October, 1990.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations, which lay down the minimum requirements for the protection of laying hens kept in battery cages and other intensive systems, give effect to Council Directive 88/166/EEC and take into account the Council of Europe Recommendations concerning poultry under the European Convention for the Protection of Animals kept for Farming Purposes.