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Statutory Rule 2002 No. 259
Welfare
of Farmed Animals (Amendment) Regulations (Northern Ireland) 2002
© Crown
Copyright 2002
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STATUTORY RULES OF NORTHERN IRELAND
2002 No. 259
WELFARE OF ANIMALS
Welfare of Farmed Animals (Amendment)
Regulations (Northern Ireland) 2002
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Made
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30th July 2002
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Coming into operation in
accordance with regulation 1(2) to (4)
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The Department of Agriculture and Rural Development[1], in exercise of the
powers conferred on it by section 2(1) of the Welfare of Animals Act
(Northern Ireland) 1972[2] and being a Department designated[3] for the
purposes of section 2(2) of the European Communities Act 1972[4] in relation to the
common agricultural policy of the European Community, in exercise of the
powers conferred on it by the said section 2(2) and of every other power
enabling it in that behalf and after consultation with such persons appearing
to it to represent any interests concerned as it considers appropriate,
hereby makes the following Regulations:
Citation, commencement and interpretation
1. - (1) These
Regulations may be cited as the Welfare of Farmed Animals (Amendment)
Regulations (Northern Ireland) 2002.
(2) These Regulations shall come into operation for
all purposes, other than for the purpose of the revocations made by
regulation 4 and regulation 11, on 29th August 2002.
(3) For the purposes of the revocation made by
regulation 4, these Regulations shall come into operation on 1st January
2003.
(4) For the purposes of the revocation made by
regulation 11, these Regulations shall come into operation on 1st January
2011.
(5) The Interpretation Act (Northern Ireland) 1954[5] shall
apply to these Regulations as it applies to an Act of the Northern Ireland
Assembly.
Amendment of the Welfare of Farmed Animals Regulations (Northern Ireland)
2000
2. The Welfare of Farmed Animals
Regulations (Northern Ireland) 2000[6] ("the principal Regulations")
shall be amended as provided in regulations 3 to 10.
Interpretation
3. In regulation 2(1) -
(a)
for the definition of "laying hen" there shall be substituted the
following definition -
" "laying hen" 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" there shall be inserted the
following definitions -
" "litter" means any friable material
enabling the hens to satisfy their ethological needs;";
"nest" means a separate space for egg laying,
the floor components of which may not include wire mesh that can come into
contact with the birds, for an individual hen or for a group of hens;";
(c)
after the definition of "statutory welfare code" there shall be
inserted the following definition -
" "usable area" means an area, other than
any nesting area, used by laying hens at least 30 cm wide with a floor slope
not exceeding 14% and with headroom of at least 45 cm;".
Revocation
4. Regulation 4 and Schedule 2 shall be revoked.
Additional duties on owners and keepers of poultry (other than those kept
in the systems referred to in Schedules 3A, 3B and 3C to the Welfare of
Farmed Animals Regulations (Northern Ireland) 2000)
5. For regulation 5 there shall be substituted the
following regulation -
"
Additional duties on owners and keepers of poultry (other than those kept
in the systems referred to in Schedules 3A, 3B and 3C)
5. The owner and the keeper of poultry (other
than those kept in the systems referred to in Schedules 3A, 3B and 3C) 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 laying hens
6. After regulation 5 the following
regulation shall be inserted -
" Additional duties on owners and
keepers of laying hens
5A. The owner and the keeper of establishments with more
than 350 laying hens 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 Schedules 3A, 3B, 3C and 3D.".
Issue of statutory welfare codes
7. For paragraph (a) of regulation 14 there shall be
substituted the following paragraph -
"
(a) Council Directive 99/74/EC[7]
laying down minimum standards for the protection of laying hens.".
General
conditions under which farmed animals must be kept
8. In Schedule 1 -
(a)
in paragraph 2(3) for sub-paragraph (a) there shall be substituted the
following sub-paragraph -
"
(a) in the case of laying hens kept in all systems, paragraph 1 of Schedule
3D;";
(b) in
paragraph 7(b) for sub-paragraph (i) there shall be substituted the following
sub-paragraph -
"
(i) in the case of laying hens kept in all systems, paragraph 1 of Schedule
3D;".
Additional conditions under which poultry (other than
those kept in the systems referred to in Schedules 3A, 3B and 3C to the
Welfare of Farmed Animals Regulations (Northern Ireland) 2000) must be kept
9. For Schedule 3 there shall be substituted the following
Schedule -
" SCHEDULE 3
Regulation
5
Additional conditions
under which poultry (other than those kept in the systems referred to in
Schedules 3A, 3B and 3C) must be kept
Where any poultry (other than those kept in the systems referred to in
Schedules 3A, 3B, and 3C) are kept in a building they shall be kept on, or
have access at all times to, well-maintained litter or to a well-drained area
for resting.".
10. After Schedule 3 there shall be inserted the Schedules
3A (non-cage systems), 3B (conventional cages), 3C (enriched cages) and 3D
(conditions applicable to all systems) set out in the Schedule to these
Regulations.
Revocation of the Veterinary Surgery (Exemptions) Order 1962 as regards
laying hens
11. Article 4(c) of the
Veterinary Surgery (Exemptions) Order 1962[8] shall be revoked insofar as it is applicable to laying
hens.
Sealed with the Official Seal of the Department of Agriculture and Rural
Development on
30th July 2002.
L.S.
L. G. McKibben
A senior officer of the Department of Agriculture and Rural Development
SCHEDULE
Regulation 10
" SCHEDULE
3A
Regulation
5A
Non-cage systems
1. All newly built or rebuilt non-cage
systems of production for keeping laying hens and all such systems of
production brought into use for the first time, shall comply with the
requirements of this Schedule.
2. On and after 1st January 2007, all
non-cage systems of production for keeping laying hens shall also comply with
the following requirements.
3. All systems must be equipped in such a way
that all laying hens have:
(a)
either linear feeders providing at least 10 cm per hen or circular feeders
providing at least 4 cm per hen;
(b) either continuous drinking troughs providing 2.5 cm per hen or circular
drinking troughs providing 1 cm per hen;
and in addition, where nipple drinkers or cups are
used, there shall be at least one nipple drinker or cup for every 10 hens.
Where drinking points are plumbed in, at least two cups or two nipple
drinkers shall be within reach of each hen;
(c) at least one nest for every seven hens. If group nests are used, there
must be at least 1 m2 of nest space for a maximum of 120 hens;
(d) perches, without sharp edges and providing at least 15 cm per hen.
Perches must not be mounted above the litter and the horizontal distance
between perches must be at least 30 cm and the horizontal distance between
the perch and the wall must be at least 20 cm;
(e) at least 250 cm2 of littered area per hen, the litter
occupying at least one third of the ground surface.
4. The floors of installations must be constructed so as to support
each of the forward-facing claws of each hen's foot.
5. In addition to the requirements of
paragraphs 2 and 3 -
(a)
if systems are used where the laying hens can move freely between different
levels -
(i)
there shall be no more than four levels;
(ii) the headroom between the levels must be at least 45 cm;
(iii) the drinking and feeding facilities must be distributed in such a way
as to provide equal access for all hens; and
(iv) the levels must be so arranged as to prevent droppings falling on the
levels below; and
(b) if
laying hens have access to open runs -
(i)
there must be several popholes giving direct access to the outer area, at
least 35 cm high and 40 cm wide and extending along the entire length of the
building; in any case, a total opening of 2 m must be available per group of
1,000 hens; and
(ii) open runs must be of an area appropriate to the stocking density and to
the nature of the ground, in order to prevent any contamination and equipped
with shelter from inclement weather and predators and, if necessary,
appropriate drinking troughs.
6. Subject to paragraph 7, the stocking density must not exceed nine
laying hens per square metre of usable area.
7. Where on 3rd August 1999 the establishment
applied a system where the usable area corresponded to the available ground
surface, and the establishment is still applying this system, a stocking
density of 12 hens per square metre is authorised until 31st December 2011.
SCHEDULE 3B
Regulation
5A
Conventional cages
1. On and after 1st January 2003, all
conventional (unenriched) cage systems shall comply with the following
requirements:
(a)
at least 550 cm2 per hen of cage area, measured in a horizontal
plane, which may be used without restriction, in particular not including
non-waste deflection plates liable to restrict the area available, must be
provided for each laying hen. However where the non-waste deflection plate is
placed so as not to restrict the area available for the hens to use, then
that area may be included in the measurement;
(b) a feed trough which may be used without restriction must be provided. Its
length must be at least 10 cm multiplied by the number of hens in the cage;
(c) unless nipple drinkers or drinking cups are provided, each cage must have
a continuous drinking channel of the same length as the feed trough mentioned
in sub-paragraph (b). Where drinking points are plumbed in, at least two
nipple drinkers or two cups must be within reach of each cage;
(d) cages must be at least 40 cm high over at least 65% of the cage area and
not less than 35 cm at any point, the area being obtained by multiplying 550
cm2 by the number of birds kept in the cage;
(e) floors of cages must be constructed so as to support each of the
forward-facing claws of each foot of each hen. Floor slope must not exceed
14% or 8 degrees when made of rectangular wire mesh and 21.3% or 12 degrees
for other types of floor; and
(f) cages shall be fitted with suitable claw-shortening devices.
2. On and after 1st January 2003 a person shall not build or bring
into service for the first time any cage system referred to in paragraph 1
for the keeping of laying hens.
3. On and after 1st January 2012 a person
shall not keep laying hens in any cage system referred to in paragraph 1.
SCHEDULE 3C
Regulation
5A
Enriched cages
1. All cage systems (other than those
referred to in Schedule 3B) shall be enriched to comply with the requirements
of this Schedule.
2. Laying hens must have -
(a)
at least 750 cm2 of cage area per hen, 600 cm2 of which
shall be usable; the height of the cage other than that above the usable area
shall be at least 20 cm at every point and no cage shall have a total area
that is less than 2000 cm2;
(b) a nest;
(c) litter such that pecking and scratching are possible; and
(d) appropriate perches allowing at least 15 cm per hen.
3. A feed trough which may be used without restriction must be
provided. Its length must be at least 12 cm multiplied by the number of hens
in the cage.
4. Each cage must have a drinking system
appropriate to the size of the group; where nipple drinkers are provided, at
least two nipple drinkers or two cups must be within the reach of each hen.
5. To facilitate inspection, installation and
depopulation of hens there must be a minimum aisle width of 90 cm between
tiers of cages and a space of at least 35 cm must be allowed between the
floor of the building and the bottom tier of cages.
6. Cages must be fitted with suitable
claw-shortening devices.
SCHEDULE 3D
Regulation
5A
Conditions applicable
to all systems
1. All hens must be inspected by the owner or
the person responsible for the hens at least once a day.
2. The sound level shall be minimised.
Constant or sudden noise shall be avoided. Ventilation fans, feeding
machinery or other equipment shall be constructed, placed, operated and
maintained in such a way that they cause the least possible noise.
3. All buildings shall have light levels
sufficient to allow all hens to see one another and be seen clearly, to
investigate their surroundings visually and to show normal levels of
activity. Where there is natural light, light apertures must be arranged in
such a way that light is distributed evenly within the accommodation.
After the first days of conditioning, the lighting regime shall be such as to
prevent health and behavioural problems. Accordingly it must follow a 24-hour
rhythm and include an adequate uninterrupted period of darkness lasting, by
way of indication, about one third of the day, so that the hens may rest and
to avoid problems such as immunodepression and ocular anomalies. A period of
twilight of sufficient duration ought to be provided when the light is dimmed
so that the hens may settle down without disturbance or injury.
4. Those parts of buildings, equipment or
utensils which are in contact with the hens shall be thoroughly cleansed and
disinfected regularly and in any case every time depopulation is carried out
and before a new batch of hens is brought in. While the cages are occupied,
the surfaces and all equipment shall be kept satisfactorily clean. Droppings
must be removed as often as necessary and dead hens must be removed every
day.
5. Cages must be suitably equipped to prevent
hens escaping.
6. Accommodation comprising two or more tiers
of cages must have devices or appropriate measures must be taken to allow
inspection of all tiers without difficulty and facilitate the removal of
hens.
7. The design and dimensions of the cage door
must be such that an adult hen can be removed without undergoing unnecessary
suffering or sustaining injury.
8. Subject to paragraph 9, a person shall not
mutilate any laying hen.
9. In order to prevent feather pecking and
cannibalism, until 31st December 2010 beak trimming of birds is permitted in
all systems referred to in Schedules 3A, 3B and 3C provided it is carried out
-
(a)
by persons over 18 years of age;
(b) on chickens that are less than 10 days old and intended for laying; and
(c) in accordance with the Veterinary Surgery (Exemptions) Order 1962.".
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations amend the Welfare of Farmed Animals Regulations (Northern
Ireland) 2000 No. 270 ("the principal Regulations"). The amendments
give effect to the provisions of Council Directive 99/74/EC (O.J. No. L203,
3.8.99, p. 53), laying down minimum standards for the protection of laying
hens, in establishments with 350 or more laying hens.
Subject as follows, these Regulations come into operation for all purposes on
29th August 2002. For the purposes of the revocation made by regulation 4,
the Regulations come into operation on 1st January 2003. For the purposes of
the revocation made by regulation 11, the Regulations come into operation on
1st January 2011 (regulation 1).
The Regulations insert new definitions, including a new definition of laying hen
(regulation 3).
The Regulations insert a new regulation 5 and Schedule 3, to apply
requirements in relation to the keeping of laying hens other than in the
systems referred to in the new Schedules 3A, 3B, 3C and 3D to the principal
Regulations (regulations 5 and 9).
The Regulations insert a new regulation 5A and Schedules 3A, 3B, 3C and 3D to
the principal Regulations, to apply requirements in relation to the keeping
of laying hens in the systems referred to in the new Schedules 3A, 3B, 3C and
3D to the principal Regulations (regulations 6 and 10).
The new Schedule 3A to the principal Regulations specifies requirements for
the conditions, including the stocking density, in which laying hens may be
kept in non-cage systems. It applies to all newly built or rebuilt non-cage
systems and to all non-cage systems on and after 1st January 2007.
The new Schedule 3B to the principal Regulations specifies requirements for
the conditions, which apply on and after 1st January 2003, for laying hens
kept in conventional (battery) cages. No laying hens may be kept in new cage
systems of this type built or brought into service for the first time on and
after 1st January 2003, and keeping laying hens in this type of cage system
is prohibited on and after 1st January 2012.
The new Schedule 3C to the principal Regulations provides that all cage
systems which are not conventional (battery) systems, have to meet additional
requirements relating to the conditions in which laying hens are kept
(enriched cages).
The new Schedule 3D to the principal Regulations applies to all systems for
keeping laying hens. It provides for general requirements regarding
inspection, sound levels, lighting, cleansing and construction of cages. This
Schedule also prohibits mutilation, but permits beak trimming until 31st
December 2010, under certain conditions, including compliance with the
Veterinary Surgery (Exemptions) Order 1962 (S.I. 1962/2557) as amended by
S.I. 1973/308, S.I. 1982/1627 and S.I. 1983/6.
Article 4(c) of the Veterinary Surgery (Exemptions) Order 1962 which permits
persons who are not registered in the Register of Veterinary Surgeons to
carry out beak-trimming on poultry, is revoked insofar as it is applicable to
laying hens, with effect on and from 1st January 2011 (regulation 11).
Notes:
[1] Formerly the
Department of Agriculture for Northern Ireland; see S.I. 1999/283
(N.I. 1) Article 3(4)back
[2] 1972 c. 7 (N.I.) as amended by
S.I. 1994/1891 (N.I. 6) Articles 10 and 11back
[3] S.I. 2000/2812back
[4] 1972 c. 68back
[5] 1954 c. 33 (N.I.)back
[6] S.R. 2000 No. 270back
[7] O.J. No. L203, 3.8.99, p. 53back
[8] S.I. 1962/2557 as amended by
S.I. 1973/308, S.I. 1982/1627 and S.I. 1983/6back
ISBN 0 33794329 X
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