Welsh Statutory Instrument 2002 No. 1898 (W.199)

      The Welfare of Farmed Animals (Wales) (Amendment) Regulations 2002


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STATUTORY INSTRUMENTS


2002 No. 1898 (W.199)

ANIMALS, WALES

PREVENTION OF CRUELTY

The Welfare of Farmed Animals (Wales) (Amendment) Regulations 2002

  Made 18th July 2002 
  Coming into force 6th August 2002 

The National Assembly for Wales, in exercise of the powers conferred by section 2 of the Agriculture (Miscellaneous Provisions) Act 1968 and now vested in it[1], and after consultation in accordance with section 2 of the 1968 Act, makes the following Regulations:

Title, application and commencement
     1.  - (1) These Regulations shall be cited as the Welfare of Farmed Animals (Wales) (Amendment) Regulations 2002 and apply to Wales only.

    (2) Subject to paragraph (3) of this regulation, these Regulations shall come into force on 6th August 2002.

    (3) Regulation 2(3) of these Regulations shall come into force on 1st January 2003.

Amendment to the Welfare of Farmed Animals (Wales) Regulations 2001
    
2.  - (1) The Welfare of Farmed Animals (Wales) Regulations 2001 [2] shall be amended in accordance with the following provisions of this regulation.

    (2) In regulation 2(1) - 

    (a) for the definition of "laying hen" the following definition shall be substituted - 

      " "laying hen" ("iâr ddodwy") means a hen of the species Gallus gallus which has reached laying maturity and is kept for production of eggs not intended for hatching";.

    (b) after the definition of "laying hen" the following definitions shall be inserted - 

      " "litter" ("llaesodr") means any friable material enabling the hens to satisfy their ethological needs;

      "nest" ("nyth") means a separate space for egg laying for an individual hen or a group of hens, the floor components of which may not include wire mesh that can come into contact with the bird or birds;" and

    (c) after the definition of "statutory welfare code", the following definition shall be inserted - 

      " "usable area" ("lle y gellir ei ddefnyddio") means an area used by laying hens, not including a nesting area, which is at least 30cm wide with a floor slope not exceeding 14% and with headroom of at least 45 cm;".

    (3) Regulation 4 and Schedule 2 shall be revoked.

    (4) For regulation 5 there shall be substituted the following regulation:

    (5) After regulation 5 the following regulation shall be added:

    (6) In Schedule 1 - 

    (7) For Schedule 3 there shall be substituted the following provisions:



    (8) After Schedule 3 there shall be inserted the Schedules 3A, 3B, 3C and 3D set out in the Schedule to these Regulations.

    (9) For paragraph (a) of regulation 12 there shall be substituted the following paragraph - 



Signed on behalf of the National Assembly for Wales


John Marek
Deputy Presiding Officer of the National Assembly

18th July 2002



SCHEDULE
Regulation 2(8)







EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to Wales only, implement Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (O.J. L203, 03/08/1999 p.35 - 57).

The Regulations make the following amendments to the Welfare of Farmed Animals (Wales) Regulations 2001 (S.I. 2001/2682 (W.223)) ("the Principal Regulations") - 

    
  • The definition of "laying hen" in the Principal Regulations is amended and new definitions for "litter", "nest" and usable area" are inserted (regulation 2(2)).

        
  • A new regulation 5 and Schedule 3 is inserted to apply requirements in relation to the keeping of laying hens other than in systems referred to in the new Schedules 3A, 3B, 3C and 3D to the Principal Regulations (regulations 2(4) and (7)).

        
  • From 6th August 2002 all newly built or rebuilt non-cage systems (barns, percheries and free-range systems) must comply with the provisions set out in a new Schedule 3A inserted into the Principal Regulations. All such systems must comply with the new Schedule 3A from 1st January 2007. Schedule 3A sets minimum requirements in respect of feeding space for hens, size of drinking troughs, nest space, perches, littered area, construction of installations and stocking density.

        
  • From 1 January 2003 new provisions will apply to the welfare of hens kept in conventional ("battery") cages. A new Schedule 3B sets required standards in respect of cage area per hen, feeding troughs, provision of water, height of cages, construction of floors and the provision of claw shortening devices. The use of conventional cages is prohibited with effect from 1 January 2012 and no such cages may be built or brought into use from 1 January 2003.

        
  • A new Schedule 3C is inserted which sets enhanced required standards for cage systems of rearing laying hens that will apply to all cage systems from 1 January 2012. All cage systems built or brought into service from 1 January 2003 must also comply with these enhanced standards.

        
  • General standards applicable to all systems of rearing laying hens are set out in a new Schedule 3D to the Principal Regulations. It includes requirements in respect of inspection of hens, sound levels, provision of light, cleansing and disinfection, design of cages and a prohibition on mutilation, but permits beak trimming until 31st December 2010, under certain conditions, including compliance with the Veterinary Surgery (Exemptions) Order 1962.

    A regulatory appraisal has been prepared and published on the National Assembly for Wales website (www.wales.gov.uk). Copies can also be obtained from the National Assembly for Wales, Animal Health Division, Cathays Park, Cardiff, CF10 3NQ.


    Notes:

    [1] 1968 c. 34. See section 50 for a definition of "the Ministers". In relation to Wales, the powers of "the Ministers" were transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

    [2] S.I. 2001/2682 (W. 223).back

    [3] OJ No. L 203, 3.8.99, p.53.back

    [4] S.I. 1962/2557.back



    Cymraeg (Welsh)



    ISBN 0 11090545 8


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    Prepared 13 August 2002