Made | 17th July 2001 | ||
Coming into force | 31st July 2001 |
(2) These Regulations shall apply to animals except -
(3) Part 1 of Schedule 6 shall have effect for the purpose of the interpretation of Schedule 6.
(4) In these Regulations -
Duties on owners and keepers of animals
3.
- (1) Owners and keepers of animals shall take all reasonable steps -
(2) Owners and keepers of animals (other than fish, reptiles and amphibians) shall take all reasonable steps to ensure that the conditions under which the animals are bred or kept comply with the requirements set out in Schedule 1.
(3) In deciding whether the conditions under which animals are being bred or kept comply with the requirements set out in Schedule 1, the owner and keeper of the animals shall have regard to their species, and to their degree of development, adaptation and domestication, and to their physiological and ethological needs in accordance with established experience and scientific knowledge.
Additional duties on owners and keepers of laying hens kept in battery cages
4.
Owners and keepers of laying hens kept in battery cages shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the birds are kept comply with the requirements set out in Schedule 2.
Additional duties on owners and keepers of poultry (other than laying hens kept in battery cages)
5.
Owners and keepers of poultry (other than laying hens kept in battery cages) shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the birds are kept comply with the requirements set out in Schedule 3.
Additional duties on owners and keepers of calves confined for rearing and fattening
6.
Owners and keepers of calves confined for rearing and fattening shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 4.
Additional duties on owners and keepers of cattle
7.
Owners and keepers of cattle confined for rearing and fattening shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 5.
Additional duties on owners and keepers of pigs
8.
Owners and keepers of pigs shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with -
Additional duties on owners and keepers of rabbits
9.
Owners and keepers of rabbits shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 7.
Statutory welfare codes
10.
- (1) Any person who employs or engages a person to care for animals shall ensure that the person attending to the animals -
(2) Any person who keeps animals, or who causes or knowingly permits animals to be kept, shall not care for them unless he or she has access to all relevant statutory welfare codes relating to the animals while he or she is caring for to them, and is acquainted with the provisions of those codes.
Powers of authorised persons
11.
Where an authorised person considers that animals are being kept in a way which is likely to cause unnecessary pain, suffering or injury, or in any other way in contravention of any provision of these Regulations, he or she may serve a notice on the person appearing to him or her to be in charge of the animals requiring that person, within the period stated in the notice, to take any action that the authorised person considers to be reasonably necessary to ensure compliance with these Regulations and the authorised person shall give his or her reasons for requiring that action to be taken.
Powers of entry
12.
An authorised person exercising powers of entry under the Agriculture (Miscellaneous Provisions) Act 1968[3] for the purposes of these Regulations may take with him or her a representative of the European Commission acting for the purposes of -
as well as any person he or she takes under powers provided under section 6(3) of that Act.
Offences
13.
- (1) A person who, without lawful authority or excuse -
shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
(2) In any proceedings against an owner or keeper of animals for a failure to comply with regulation 3(1) or 3(2) (as read with regulation 3(3)), the owner or keeper, as the case may be, may rely on his or her compliance with any relevant recommendation contained in a statutory welfare code as tending to establish his or her compliance with the relevant regulation.
Revocations
14.
The Welfare of Livestock Regulations 1994[10] and the Welfare of Livestock (Amendment) Regulations 1998[11] are hereby revoked as regards Wales only.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 [12]
D. Elis-Thomas
The Presiding Officer
17th July 2001
3.
Where animals are kept in a building adequate lighting (whether fixed or portable) shall be available to enable them to be thoroughly inspected at any time.
4.
Where any animals (other than poultry) are kept in a building they shall be kept on, or have access at all times to, a lying area which either has well-maintained dry bedding or is well-drained.
5.
Any animals which appear to be ill or injured -
6.
- (1) Where necessary, sick or injured animals shall be isolated in suitable accommodation with, where appropriate, dry comfortable bedding.
(2) Notwithstanding sub-paragraph (1), in the following cases, it shall be sufficient for the purposes of this paragraph to comply with the following specific provisions -
Record keeping
7.
A record shall be maintained of -
8.
The record referred to in paragraph 7 shall be retained for a period of at least three years from the date on which the medical treatment was given, or the date of the inspection, as the case may be, and shall be made available to an authorised person when carrying out an inspection or when otherwise requested by such person.
Freedom of movement
9.
The freedom of movement of animals, having regard to their species and in accordance with established experience and scientific knowledge, shall not be restricted in such a way as to cause them unnecessary suffering or injury.
10.
Where animals are continuously or regularly tethered or confined, they shall be given the space appropriate to their physiological and ethological needs in accordance with established experience and scientific knowledge.
Buildings and accommodation
11.
Materials used for the construction of accommodation, and, in particular for the construction of pens, cages, stalls and equipment with which the animals may come into contact, shall not be harmful to them and shall be capable of being thoroughly cleansed and disinfected.
12.
Accommodation and fittings for securing animals shall be constructed and maintained so that there are no sharp edges or protrusions likely to cause injury to them.
13.
Air circulation, dust levels, temperature, relative air humidity and gas concentrations shall be kept within limits which are not harmful to the animals.
14.
Animals kept in buildings shall not be kept in permanent darkness.
15.
Where the natural light available in a building is insufficient to meet the physiological and ethological needs of any animals being kept in it then appropriate artificial lighting shall be provided.
16.
Animals kept in buildings shall not be kept without an appropriate period of rest from artificial lighting.
Animals not kept in buildings
17.
Animals not kept in buildings shall, where necessary and possible, be given protection from adverse weather conditions, predators and risks to their health and shall, at all times, have access to a well-drained lying area.
Automatic or mechanical equipment
18.
All automated or mechanical equipment essential for the health and well-being of the animals shall be inspected at least once a day to check that there is no defect in it.
19.
Where defects in automated or mechanical equipment of the type referred to in paragraph 18 are discovered, these shall be rectified immediately, or if this is impossible, appropriate steps shall be taken to safeguard the health and well-being of the animals pending the rectification of such defects including the use of alternative methods of feeding and watering and methods of providing and maintaining a satisfactory environment.
20.
Where the health and well-being of the animals is dependent on an artificial ventilation system -
21.
The back-up system referred to in paragraph 20(a) shall be thoroughly inspected and the alarm system referred to in paragraph 20(b) shall each be tested at least once every seven days in order to check that there is no defect in the system, and, if any defect is found (whether when the system is inspected or tested in accordance with this paragraph or at any other time), it shall be rectified immediately.
Feed, water and other substances
22.
Animals shall be fed a wholesome diet which is appropriate to their age and species and which is fed to them in sufficient quantity to maintain them in good health, to satisfy their nutritional needs and to promote a positive state of well-being.
23.
No animals shall be provided with food or liquid in a manner, nor shall such food or liquid contain any substance, which may cause them unnecessary suffering or injury.
24.
All animals shall have access to feed at intervals appropriate to their physiological needs (and, in any case, at least once a day), except where a veterinary surgeon acting in the exercise of his profession otherwise directs.
25.
All animals shall either have access to a suitable water supply and be provided with an adequate supply of fresh drinking water each day or be able to satisfy their fluid intake needs by other means.
26.
Feeding and watering equipment shall be designed, constructed, placed and maintained so that contamination of food and water and the harmful effects of competition between animals are minimised.
27.
No other substance, with the exception of those given for therapeutic or prophylactic purposes or for the purpose of zootechnical treatment shall be administered to animals unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of that substance is not detrimental to the health or welfare of the animals.
Breeding procedures
28.
- (1) Subject to sub-paragraph (2), natural or artificial breeding or breeding procedures which cause, or are likely to cause, suffering or injury to any of the animals concerned shall not be practised.
(2) Sub-paragraph (1) shall not preclude the use of natural or artificial breeding procedures that are likely to cause minimal or momentary suffering or injury or that might necessitate interventions which would not cause lasting injury.
29.
No animals shall be kept for farming purposes unless it can reasonably be expected, on the basis of their genotype or phenotype, that they can be kept without detrimental effect on their health or welfare.
Electrical immobilisation
30.
No person shall apply an electrical current to any animals for the purposes of immobilisation.
(b) the minimum cage area for each laying hen shall be capable of being used without restriction and may include the area where the non-waste deflection plate (otherwise known as the egg guard) is placed so long as that area is capable of being so used;
(c) a feed trough of a length not less than 10 cm multiplied by the number of hens in the cage and capable of being used without restriction shall be provided;
(d) except where nipple drinkers and drinking cups are provided, the cage shall have a continuous drinking channel which shall not be less than 10 cm multiplied by the number of hens in the cage, and capable of being used without restriction;
(e) where drinking points are plumbed in, there shall be a minimum of two nipple drinkers or two drinking cups within reach of the cage;
(f) the height of the cage, for 65% of its area, shall be no less than 40 cm, and, for the remainder of the area, shall be not less than 35 cm (the height being obtained by a vertical line from the floor to the nearest point in the roof and the area being obtained by multiplying 450cm2 by the number of birds kept in the cage);
(g) the floor of the cage shall be constructed so as to support adequately each of the forward facing claws of each foot; and
(h) the slope of the floor shall not exceed 14% or 8 degrees, when made of rectangular wire mesh, and 21.3% or 12 degrees for other types of floor.
2.
Battery cages shall be designed, constructed and maintained in such a way as to prevent any injury or unnecessary suffering to laying hens to the extent possible in the existing stage of technology.
3.
The design and size of the cage opening must be such that laying hens can be put in or taken out without causing injury or unnecessary suffering.
4.
The cages must be suitably equipped and maintained to prevent escape.
5.
Except where therapeutic or prophylactic treatment demands otherwise, all laying hens shall have access to adequate, nutritious and hygienic feed each day in sufficient quantity to maintain them in good health and to satisfy their nutritional needs, and to adequate fresh drinking water at all times.
6.
The laying hens shall be cared for by personnel with adequate knowledge and experience of the production system used.
7.
The flock or group of laying hens shall be inspected thoroughly at least once a day and a source of light (whether fixed or portable) shall be available which is strong enough for each bird to be seen clearly.
8.
Accommodation comprising more than three tiers of cages shall not be used unless suitable devices or measures make it possible to inspect thoroughly all tiers without difficulty.
9.
- (1) When laying hens do not appear to be in good health or show behavioural changes, steps shall be taken to establish the cause appropriate remedial action is taken.
(2) Where remedial action is required to be taken under sub-paragraph (1) above, consideration shall be given to the following types of action -
(3) If the cause of the health or behavioural problems referred to in sub-paragraph (1) above is traced to an environmental factor in the production unit which it is not essential to remedy immediately, remedial action shall be taken as soon as practicable and in any event when the accommodation is next emptied and before the next batch of laying hens is put in.
10.
- (1) Every time all the cages housed together are emptied they shall be thoroughly cleansed and disinfected before the next batch of laying hens is put in.
(2) While the cages are occupied, the surfaces and all equipment shall be kept satisfactorily clean.
(5) Each calf shall be able to stand up, turn around, lie down, rest and groom itself without hindrance.
(6) Subject to sub-paragraphs (7) and (8), each calf that is kept on a holding on which two or more calves are kept shall be able to see at least one other calf.
(7) Sub-paragraph (6) shall not apply to any calf that is kept in isolation on a holding on veterinary advice.
(8) For the purpose of calculating the number of calves being kept on a holding in order to determine whether sub-paragraph (6) applies, no account shall be taken of any calf that is being kept in isolation on that holding on veterinary advice.
Transitional provisions for accommodation
2.
- (1) Until 1st January 2004, sub-paragraphs (1),(3) and (4) of paragraph 1 shall not apply in relation to accommodation in use before 1st January 1998.
(2) Until 1st January 2004, in the case of accommodation brought into use after 1st January 1994 but before 1st January 1998 -
Inspection
3.
All housed calves shall be inspected by the owner or keeper of the calves at least twice a day to check that they are in a state of well-being.
4.
Calves which are kept outside shall be inspected by the owner or keeper of the calves at least once a day to check that they are in a state of well-being.
5.
Where necessary, sick or injured calves shall be isolated in suitable accommodation with dry comfortable bedding.
Tethering
6.
- (1) Calves shall not be tethered, with the exception of group-housed calves which may be tethered for a period of not more than one hour when being fed milk or milk substitute.
(2) Where tethers are used in accordance with the preceding sub-paragraph, they shall not cause pain or injury to the calves and shall be inspected regularly and adjusted as necessary to ensure a comfortable fit.
(3) Each tether shall be designed to avoid the risk of strangulation or pain or injury and allow the calf to lie down, rest, stand up and groom itself without hindrance.
Artificially lit buildings
7.
Where calves are kept in an artificially lit building then, subject to paragraphs 14 and 16 of Schedule 1, artificial lighting shall be provided for a period at least equivalent to the period of natural light normally available between 9.00 am and 5.00 pm.
Cleansing and disinfection
8.
- (1) Housing, stalls, pens, equipment and utensils used for calves shall be properly cleansed and disinfected to prevent cross-infection and the building-up of disease-carrying organisms.
(2) Faeces, urine and uneaten or spilt food shall be removed as often as necessary to minimise smell and to avoid attracting flies or rodents.
Floors
9.
Where calves are kept in a building, floors shall -
Bedding and lying area
10.
- (1) All calves shall be provided with appropriate bedding.
(2) All calves shall be kept on, or at all times have access to, a lying area which is clean, comfortable and well-drained and which does not adversely affect the calves.
(3) All housed calves and calves kept in hutches or temporary structures shall be kept on, or at all times have access to, a lying area which is well-maintained with dry bedding.
Bovine colostrum
11.
Each calf shall receive bovine colostrum as soon as possible after it is born and in any case within the first six hours of life.
Additional dietary requirements
12.
- (1) All calves shall be provided with food which contains sufficient iron to ensure a blood haemoglobin level of at least 4.5mmol/litre.
(2) A minimum daily ration of fibrous food shall be provided for each calf over 2 weeks old, the quantity being raised in line with the growth of the calf from a minimum of 100 g at 2 weeks old to a minimum of 250 g at 20 weeks old.
Muzzling
13.
Calves shall not be muzzled.
Feeding
14.
- (1) All calves shall be fed at least twice a day.
(2) Where calves are housed in a group and do not have continuous access to feed, or are not fed by an automatic feeding system, each calf shall have access to food at the same time as the others in the feeding group.
Drinking water
15.
- (1) Subject to sub-paragraph (2), all calves shall be provided with a sufficient quantity of fresh drinking water each day.
(2) Calves shall be provided with fresh water at all times -
7.
- (1) The dimension of any stall or pen shall be such that the internal area is not less than the square of the length of the pig, and no internal side is less than 75% of the length of the pig, the length of the pig in each case being measured from the tip of its snout to the base of its tail while it is standing with its back straight.
(2) This paragraph shall not apply in relation to a female pig for the period between seven days before the predicted day of her farrowing and the day on which the weaning of her piglets (including any piglets fostered by her) is complete.
(3) A person shall not be guilty of an offence in accordance with regulation 13(1) of contravening or failing to comply with this paragraph by reason of the keeping of a pig in a stall or pen.
provided that the period during which it is so kept is not longer than necessary for that purpose.
(4) A person shall not be guilty of an offence in accordance with regulation 13(1) of contravening or failing to comply with this paragraph by reason of the keeping of a pig in a stall or pen which the pig can enter or leave at will, provided that the stall or pen is entered from a stall or pen in which the pig is kept without contravention of this paragraph.
Artificially lit buildings
8.
Where pigs are kept in an artificially lit building then, subject to paragraphs 14 and 16 of Schedule 1, artificial lighting shall be provided for a period at least equivalent to the period of natural light normally available between 9.00 am and 5.00 pm.
Prevention of fighting
9.
- (1) If pigs are kept together, measures shall be taken to prevent fighting which goes beyond normal behaviour.
(2) Pigs which show persistent aggression towards others or are victims of such aggression shall be isolated or kept separate from the group.
Cleansing and disinfection
10.
- (1) Housing, pens, equipment and utensils used for pigs must be properly cleansed and disinfected as necessary to prevent cross-infection and the build-up of disease-carrying organisms.
(2) Faeces, urine and uneaten or spilt food must be removed as often as necessary to minimise smell and avoid attracting flies or rodents.
Lying area
11.
- (1) Where pigs are kept in a building they shall be kept on, or have access at all times to, a lying area which is clean, comfortable and does not adversely affect them, and either has well-maintained dry bedding or is well-drained.
(2) Where bedding is provided, this must be clean, dry and not harmful to the pigs.
Floors
12.
Where pigs are kept in a building, floors shall -
Feeding
13.
- (1) All pigs must be fed at least once a day.
(2) Where pigs are housed in a group and do not have continuous access to feed; or are not fed by an automatic feeding system, each pig must have access to the food at the same time as the others in the feeding group.
Drinking water
14.
All pigs shall be provided with an adequate supply of fresh drinking water each day.
Environmental enrichment
15.
In addition to the measures normally taken to prevent tail-biting and other vices and in order to enable them to satisfy their behavioural needs, all pigs, taking into account environment and stocking density, shall have access to straw or other material or object suitable to satisfy those needs.
Prohibition on the use of the sweat-box system
16.
Pigs shall not be kept in an environment which involves maintaining high temperatures and high humidity (known as the "sweat-box system").
2.
Where any rabbits are kept in any accommodation which is exposed to the weather, suitable steps shall be taken so as to ensure that the rabbits have access to shelter from the action of the weather (including direct sunlight).
[2] OJ No. L125, 23.5.96, p.3.back
[4] OJ No. L74, 19.3.88, p. 83.back
[5] OJ No.L340, 11.12.91, p.28.back
[6] OJ No. L.25, 28.1.97, p.24.back
[7] OJ No. L76, 24.2.97, p.33.back
[8] OJ No.L340, 11.12.91, p.33.back
[9] OJ No.L221, 8.8.98, p.23.back
[10] S.I. 1994/2126, amended by S.I. 1998/1709.back