S.I. No. 14/2008 - European Communities (Welfare of Farmed Animals) Regulations 2008

S.I. No. 14 of 2008

EUROPEAN COMMUNITIES (WELFARE OF FARMED ANIMALS) REGULATIONS 2008

ARRANGEMENT OF REGULATIONS

Part 1 Preliminary and General

1.

2.

Part 2 Animal Welfare Generally

3.

4.

Part 3 Welfare of laying hens

5.

6.

7.

8.

9.

10.

Part 4 Welfare of Calves and Pigs

11.

12.

13.

14.

15.

16.

17.

18.

Part 5 Slaughter of animals

19.

20.

21.

22.

23.

24.

25.

Part 6 Authorised officers

26.

27.

28.

Part 7 Welfare notice and emergency measures

29.

30.

31.

32.

33.

Part 8 Final provisions

34.

35.

36.

37.

38.

Schedule 1 Conditions under which an animal should be kept

Schedule 2 Conditions under which laying hens should be kept

Schedule 3 Conditions under which calves and pigs should be kept

Schedule 4 Conditions relating to animals to be slaughtered or killed

S.I. No. 14 of 2008

EUROPEAN COMMUNITIES (WELFARE OF FARMED ANIMALS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th February, 2008.

I, MARY COUGHLAN, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 91/629/EEC of 19 November 1991 ¹ , Council Directive 91/630/EEC of 19 November 1991 ² , Council Directive No. 93/119/EEC of 22 December 1993 ³ , Council Directive No. 97/2/EC of 20 January 1997 ⁴ , Commission Decision No. 97/182/EC of 24 February 1997 ⁵ , Council Directive 98/58/EC of 20 July 1998 ⁶ , Council Directive 2001/88/EC of 23 October 2001 ⁷ , Commission Directive 2001/93/EC of 9 November 2001 ⁸ , Council Directive No. 1999/74/EC of 19 July 1999 ⁹ and Commission Directive 2002/4/EC of 30 January 2002 ¹⁰ , hereby make the following regulations-

Part 1 Preliminary and General

Citation

Interpretation

“animal” means an animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes;

“authorised officer” means—

• (a) an authorised officer within the meaning of section 17A (inserted by the Diseases of Animals (Amendment) Act 2001 (No. 3 of 2001)) of the Diseases of Animals Act 1966 (No. 6 of 1966),

• (b) an authorised person or inspector within the meaning of the Protection of Animals Kept for Farming Purposes Act 1984 (No. 13 of 1984),

• (c) an authorised officer within the meaning of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ),

• (d) a member of the Garda Síochána,

• (e) an officer of Customs and Excise, or

• (f) a person appointed under Regulation 26;

“calf” means a bovine animal less than six months old;

“Calves Directive” means Council Directive No. 91/629/EEC of 19 November 1991, Council Directive No. 97/2/EC of 20 January 1997 and Commission Decision No. 97/182/EC of 24 February 1997;

“General Welfare Directive” means Council Directive No. 98/58/EC of 20 July 1998;

“Laying Hens Directive” means Council Directive No. 1999/74/EC of 19 July 1999 and Commission Directive 2002/4/EC of 30 January 2002;

“Minister” means Minister for Agriculture, Fisheries and Food;

“Pigs Directive” means Council Directive No. 91/630/EEC of 19 November 1991, Council Directive 2001/88/EC of 23 October 2001 and Commission Directive 2001/93/EC of 9 November 2001;

“premises” includes land, with or without buildings;

“registered veterinary practitioner” has the same meaning as in the Veterinary Practice Act 2005 (No. 22 of 2005);

“Slaughter Directive” means Council Directive No. 93/119/EEC of 22 December 1993.

• (2) A word or expression that is used in these Regulations and is also used in the Calves Directive, the General Welfare Directive, the Laying Hens Directive, the Pigs Directive or the Slaughter Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive in which it occurs.

Part 2 Animal Welfare Generally

Scope

• (a) an animal living in the wild,

• (b) subject to paragraph (2), an animal used in competitions, shows, cultural or sporting events or activities while being so used,

• (c) an experimental or laboratory animal that is the subject of a licence issued under the Cruelty to Animals Act 1876, or

• (d) an invertebrate animal.

• (2) Notwithstanding paragraph (1)(b), these Regulations apply to an animal of a kind or species that is normally bred or kept for the production of food, wool, skin, fur or feathers or for use in, or for the purpose of, the farming of land or of animal husbandry and, in particular, includes animals of the bovine, ovine, porcine and caprine species, equidae and poultry.

Obligation to ensure welfare of an animal

• (2) A person shall ensure that the conditions under which an animal (other than fish, a reptile or an amphibian) is bred or kept, having regard to its species and degree of development, adaptation and domestication, and to its physiological and ethological needs in accordance with established experience and scientific knowledge, comply with Schedule 1.

Part 3 Welfare of laying hens

Application of Part 3

• (2) This Part is without prejudice to the generality of Regulation 4.

General conditions for keeping laying hens

Free-range or barn systems

• (a) with either linear feeders providing at least 10 cm per hen or circular feeders providing at least 4 cm per hen,

• (b) with either continuous drinking troughs providing at least 2.5 cm per hen or circular troughs providing at least 1 cm per hen,

• (c) without prejudice to paragraph (4), with at least one nest for every seven hens, and

• (d) with, subject to paragraph (5), adequate perches without sharp edges, mounted other than above litter, that provide space of at least 15 cm in length per hen.

• (2) A person shall not provide or use nipple drinkers or cups in a barn or free-range system unless, without prejudice to paragraph (3), there is at least one nipple drinker or cup for every ten hens.

• (3) A person shall not keep a laying hen in a barn or free-range system where drinking points are plumbed in to a water supply unless, at least two nipple drinkers or cups are within reach of each hen.

• (4) A person shall not keep a laying hen in a barn or free-range system in group nests unless there is a minimum of 1 square metre of nest space available for every group of a maximum of 120 hens.

• (5) A person shall not keep a laying hen in a barn or free-range system unless the horizontal distance between perches is at least 30 cm and the distance between a perch and a wall is at least 20 cm.

• (6) A person shall not keep a laying hen in a barn or free-range system unless a littered area, that covers at least one third of the ground surface, of at least 250 square centimetres per hen is provided.

• (7) A person shall not keep a laying hen in a barn or free-range system unless the floor is constructed in a manner that adequately supports each forward facing claw of the laying hen.

• (8) A person shall not keep a laying hen in a barn or free-range system if—

• (a) the laying hen has access to more than four different levels,

• (b) the headroom between different levels is less than 45 centimetres,

• (c) the hen does not have equal access to drinking and feeding facilities, or

• (d) droppings from one level may fall on another level.

Un-enriched cage systems

• (a) the cage has at least 550 unrestricted square centimetres of area (measured in a horizontal plane and not including non-waste deflection plates that may restrict the available area) available for each laying hen in the cage,

• (b) a feed trough, to which each laying hen has unrestricted access, the length of which measures at least 10 centimetres multiplied by the number of laying hens in the cage, is present in the cage,

• (c) subject to subparagraph (d), a drinking channel, to which each laying hen has unrestricted access, the length of which measures at least 10 centimetres multiplied by the number of laying hens in the cage, is present in the cage,

• (d) where drinking points are plumbed in, at least two nipple drinkers or cups are within reach of the cage,

• (e) the cage is at least 40 centimetres high over at least 65 per cent of its floor area and not less than 35 centimetres at any point,

• (f) the floor of the cage is constructed in a manner that adequately supports each forward facing claw of each hen,

• (g) the slope of the floor of the cage does not exceed 14 per cent or 8 degrees, and

• (h) the cage is fitted with suitable claw-shortening devices.

• (2) A person shall not keep or rear laying hens in an un-enriched cage system built, renovated or brought into service for the first time after 1 January 2003.

• (3) A person shall not keep or rear laying hens in an un-enriched cage system after 1 January 2012.

Enriched cage systems

• (a) the cage has a total area of at least 2000 square centimetres,

• (b) an area of at least 750 square centimetres, of which a minimum of 600 square centimetres is usable, is available for each laying hen in the cage,

• (c) the height of the cage other than above the usable part is at least 20 centimetres at every point,

• (d) there is a nest in the cage,

• (e) adequate litter is available in the cage to permit pecking and scratching by each laying hen,

• (f) appropriate perches, that measure, in length, at least 15 centimetres multiplied by the number of laying hens in the cage, are present in the cage,

• (g) a feed trough, to which each laying hen has unrestricted access, that measures at least 12 centimetres multiplied by the number of laying hens in the cage, is present in the cage,

• (h) subject to subparagraph (i), a drinking system, to which each laying hen has unrestricted access, appropriate to the number of laying hens is provided in each cage,

• (i) if drinking points are plumbed in, at least two nipple drinkers or cups are within reach of each laying hen, and

• (j) the cage is fitted with suitable claw-shortening devices.

Register

• (2) A person shall not own or have in his or her charge or under his or her control a laying hen if he or she is not entered in the Register in relation to the premises where the laying hen is located.

• (3) An application under this Regulation shall be in writing, be in a form and include any information that the Minister may require.

• (4) The Minister shall not consider an application for registration if the application does not contain all information sought by the Minister.

• (5) The Minister may enter a person’s name and particulars on the register, attach conditions to registration, vary a condition, refuse an application or revoke a registration.

• (6) Without prejudice to the generality of paragraph (5), the Minister may refuse to enter a person’s name on the Register, or may revoke a registration if—

• (a) the application does not comply with this Regulation,

• (b) in the opinion of the Minister, the application contains a statement that is false or misleading in a material respect,

• (c) the premises to which the application or registration relates does not comply, in the opinion of the Minister, with these Regulations,

• (d) the person is, in the opinion of the Minister, not a fit person to keep laying hens,

• (e) he or she is satisfied that these Regulations have not been or will not be complied with,

• (f) the applicant or registered person has been convicted of or committed an offence, whether he or she has been convicted or not, under any enactment relating to animals, animal health, animal welfare or public health,

• (g) the applicant or registered person has failed to comply with a condition of registration,

• (h) a registered person has ceased to keep or rear laying hens at the premises to which registration relates,

• (i) a person is disqualified by a Court of competent jurisdiction under any enactment from keeping, dealing in or having charge or control of, directly or indirectly, laying hens, or

• (j) it is necessary, in the opinion of the Minister—

• (i) to prevent the risk or spread of disease,

• (ii) to eradicate disease, or

• (iii) is necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities.

• (7) Without prejudice to the generality of paragraph (5), the Minister shall refuse an application or revoke registration in accordance with paragraph (10) if the applicant or registered person has been convicted, on indictment, of an offence relating to an animal, animal health, animal welfare or public health.

• (8) Other than in the case of refusal or revocation under paragraph (7) or (9), if the Minister proposes to revoke a registration, or to refuse an application, he or she shall—

• (a) notify applicant or registered person in writing of the proposal and of the reasons for the proposal, and that he or she may make representations to the Minister in relation to the proposal within 14 days of the notification,

• (b) consider a representation made before deciding whether to proceed with, modify or annul the proposal, and

• (c) notify the applicant or registered person of the decision and the reasons for the decision.

• (9) If the Minister is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities, he or she may refuse an application or revoke a registration in accordance with paragraph (10).

• (10) If the Minister refuses an application or revokes a registration in accordance with this paragraph, he or she shall—

• (a) notify the applicant or registered person in writing of the decision and the reasons for the decision, and that he or she may make representations to the Minister in relation to the decision within 14 days of the date of the notification,

• (b) consider a representation made, and

• (c) confirm, modify or annul the decision and notify the applicant or registered person of the decision and the reasons for the decision.

• (11) A person to whom a registration is granted shall make such returns to the Minister as and when, and in a form that, the Minister may direct.

• (12) A person to whom registration is granted shall cease to be registered upon he or she informing the Minister, in writing that he or she has ceased to keep laying hens.

• (13) The Minister may establish and maintain the register in a form that is not legible if it is capable of being converted into a legible form.

• (14) If a person entered in the Register dies the Minister shall, without prejudice to paragraph (7), on the application of the personal representative of such person enter in the Register the name of the personal representative in lieu of that person.

• (15) A person who, on the coming into operation of this Regulation, is registered under Regulation 7 of the Regulations revoked by Regulation 38 (1)(b) is considered to be registered under this Regulation and may be dealt with as if registered under this Regulation.

• (16) On the coming into operation of these Regulations, an application for registration under Regulation 7 of the Regulations revoked by Regulation 38 (1)(b) is considered to be an application for registration under this Regulation and shall be determined in accordance with this Regulation.

Part 4 Welfare of calves and pigs

Application of Part 4

• (a) calves confined for rearing or fattening, and

• (b) pigs confined for breeding, rearing or fattening.

• (2) Regulations 15(1), (2), (3) and (4) and 16 apply to-

• (a) a premises built, rebuilt or used, for the first time for breeding, rearing or fattening pigs from 1 January 2003, and

• (b) all premises used for breeding, rearing or fattening pigs from 1 January 2013.

• (3) This Part is without prejudice to the generality of Regulation 4.

Accommodation for calves and pigs

• (2) A person shall not have in his or her possession or under his or her control or cause or permit another person to have in his or her possession or under his or her control a calf unless the conditions for keeping, rearing and fattening the calf comply with Part 2 of Schedule 3.

• (3) A person shall not have in his or her possession or under his or her control or cause or permit another person to have in his or her possession or under his or her control a pig unless the conditions for keeping, rearing and fattening the pig comply with Part 3 of Schedule 3.

Accommodation for calves

• (a) over eight weeks of age in an individual pen unless a registered veterinary practitioner certifies that the health or behaviour of the calf requires that it be isolated to receive treatment,

• (b) unless the pen in which the calf is confined is of a width at least equal to the height of the calf at the withers and of a length at least 10% greater than the body length of the calf, measured from the tip of the nose to the caudal end of the pin bone (tuber ischia).

• (2) A person shall not keep, or cause or permit another person to keep, a calf in an individual pen with solid walls but a pen shall have perforated walls that ensure that a calf confined therein has direct visual and tactile contact with other calves unless the person is in possession of a certificate from a registered veterinary practitioner that states that the calf, due to health or behaviour, requires to be individually isolated to receive treatment.

• (3) A person shall not keep calves in a group, or cause or permit another person to keep calves in a group, unless the unobstructed space available for each calf is at least equal to—

• (a) 1.5 square metres for each calf with a live weight of less than 150 kilogrammes,

• (b) 1.7 square metres for each calf with a live weight of 150 kilogrammes or more but less than 220 kilogrammes, and

• (c) 1.8 square metres for each calf with a live weight of 220 kilogrammes or over.

• (4) A person shall not use, or cause or permit another person to use, premises built, rebuilt or brought into operation before 1 January 1998 for rearing or fattening calves unless the premises complies with paragraphs (1), (2) and (3).

• (5) This Regulation does not apply to—

• (a) a calf kept with its mother for suckling, or

• (b) a premises with fewer than six calves.

Accommodation for pigs

• (a) 0.15 square metres for each pig of an average weight of 10 kilogrammes or less,

• (b) 0.20 square metres for each pig of an average weight of between 10 kilogrammes and less than or equal to 20 kilogrammes,

• (c) 0.30 square metres for each pig of an average weight of greater than 20 kilogrammes and less than or equal to 30 kilogrammes,

• (d) 0.40 square metres for each pig of an average weight of greater than 30 kilogrammes and less than or equal to 50 kilogrammes,

• (e) 0.55 square metres for each pig of an average weight of greater than 50 kilogrammes and less than or equal to 85 kilogrammes,

• (f) 0.65 square metres for each pig of an average weight of greater than 85 kilogrammes and less than or equal to 110 kilogrammes,

• (g) 1.00 square metre for each pig of an average weight of greater than 110 kilogrammes.

• (2) A person shall not keep a pig or cause or permit another person to keep a pig in a building or part of a building if there are continuous noise levels, equal to or greater than 85dBA in the building or part thereof where pigs are kept.

• (3) A person shall not keep a pig, or cause or permit another person to keep a pig unless the pig is kept where there is a light intensity of 40 lux or more for a continuous period of at least 8 hours in any 24 hour period.

Accommodation for sows and for gilts after service

• (a) a minimum of 2.50 square metres for each sow in a group of sows or gilts if there are fewer than 6 pigs in the group,

• (b) a minimum of 2.25 square metres for each sow in a group of sows or gilts if there are more than 5 but fewer than 40 pigs in the group,

• (c) a minimum of 2.025 square metres for each sow in a group of sows or gilts if there are 40 or more pigs in the group,

• (d) a minimum of 1.81 square metres for each gilt after service if there are fewer than 6 pigs in the group,

• (e) a minimum of 1.64 square metres for each gilt after service if there are more than 5 but fewer than 40 pigs in the group, or

• (f) a minimum of 1.48 square metres for each gilt after service if there are 40 pigs or more in the group.

• (2) A minimum floor area of at least—

• (a) 1.3 square metres for each pregnant sow, or

• (b) 0.95 square metres for each gilt after service,

shall comprise a continuous solid floor and no more than 15% of the floor area referred to in this paragraph shall consist of openings designed for drainage.

• (3) Subject to paragraph (4), the owner or person in charge of a premises used for breeding, rearing or fattening pigs shall not confine, or cause or permit another person to confine, either a sow or a gilt in the period commencing 28 days after service and ending 7 days before the expected date of farrowing other than in—

• (a) a group in a pen the sides of which are greater than 2.8 metres in length, or

• (b) a group in a pen the sides of which are greater than 2.4 metres in length if there are no more than five sows or gilts in the group.

• (4) A person may keep a sow or gilt to which paragraph (3) refers in an individual pen during the period mentioned in that paragraph if—

• (a) there are no more than 9 sows on the premises, and

• (b) the sow or gilt may turn easily in the pen.

• (5) A person shall not tether or cause or permit another person to tether a sow or gilt.

• (6) A person shall not have in his or her possession or under his or her control a sow or gilt that has been tethered in contravention of paragraph (5).

Use of concrete slatted floors

• (a) the maximum width of each opening is no more than—

• (i) 11 millimetres in any floor where a piglet is kept,

• (ii) 14millimetres in any floor where a weaner is kept,

• (iii) 18 millimetres in any floor where a rearing pig is kept, or

• (iv) 20 millimetres in any floor where either a sow or a gilt after service is kept,

and

• (b) the minimum width of each slat is at least-

• (i) 50 millimetres in any floor where a piglet or weaner is kept, or

• (ii) 80 millimetres in any floor where a rearing pig, a sow or a gilt after service is kept.

Restriction on certain procedures

• (a) non-routine, uniform reduction of corner teeth of piglets, by grinding or clipping, no later than 7 days after birth, leaving an intact smooth surface where injury has occurred to a sow’s teats or to the tails or ears of another pig,

• (b) reduction in length of boars tusks where necessary to prevent injury to other animals or for safety reasons,

• (c) non-routine docking of part of the tail where injury has occurred to the tail or ear of a pig,

• (d) castration of male pigs by means that do not involve tearing tissue, or

• (e) nose ringing when the pig is kept in an outdoor husbandry system.

• (2)
• (a) Subject to paragraph (3), a procedure outlined in paragraph (1) may only be carried out under hygienic conditions by a registered veterinary practitioner or a person who has competence relating to, and experience of, the procedure.

• (b) A person shall only carry out a procedure specified in paragraph (1) (a) or (c) if the environment, stocking density or the management system in which a pig is reared would not, in the opinion of a registered veterinary practitioner who is familiar with the premises, and has been consulted in a professional capacity regarding the necessity of carrying out the procedure, facilitate injury to the pig.

• (3) A person, other than a registered veterinary practitioner, shall not castrate or dock the tail of a pig older than 7 days.

• (4) A registered veterinary practitioner shall not castrate or dock the tail of a pig older than 7 days unless the pig is under anaesthetic and additional prolonged analgesia administered by that registered veterinary practitioner.

Import of calves or pigs

• (a) a calf, or

• (b) a pig,

from a country that is not a member state of the European Union unless the calf or pig is accompanied by a certificate, issued by a competent authority in that country, certifying that the animal has received treatment at least equal to the treatment provided for in these Regulations.

Part 5 Slaughter of animals

Slaughter of an animal

• (2) This Part is without prejudice to the generality of Regulation 4.

General requirements for slaughterhouses

• (a) the construction, facilities and equipment of the slaughterhouse, and its operation, are such as to spare an animal any avoidable excitement, pain or suffering, and

• (b) a soliped, ruminant, pig, rabbit or poultry brought into the slaughterhouse is-

• (i) moved and if necessary lairaged in accordance with Part 1 of Schedule 4,

• (ii) restrained in accordance with Part 2 of Schedule 4,

• (iii) stunned before slaughter or killed instantaneously in accordance with Part 3 of Schedule 4,

• (iv) bled in accordance with Part 4 of Schedule 4.

• (2) Subparagraph (1)(b)(iii) does not apply in the case of an animal subject to particular methods of slaughter required by certain religious rites, if the religious authority on whose behalf slaughter is carried out is competent to apply and monitor the special provisions which apply to slaughter according to the religious rites of that religion.

• (3) A religious authority to which paragraph (2) applies shall operate under the responsibility of a registered veterinary practitioner.

Other requirements for slaughterhouses

• (a) instruments, restraint and other equipment and installations used for stunning or killing are designed, constructed, maintained and used in such a way as to achieve rapid and effective stunning or killing,

• (b) suitable spare equipment and instruments are kept at the place of slaughter for emergency use and that spare equipment and instruments are properly maintained and are inspected at least once a month,

• (c) subject to paragraph (2), a person shall not move, lairage, restrain, stun, slaughter or kill an animal unless that person has the knowledge and skill necessary to perform the tasks humanely and efficiently, and

• (d) a person carrying out the slaughter of an animal takes all necessary care to ensure that the animal is rendered unconscious, killed or slaughtered in a manner or by a means that does not cause unnecessary, avoidable or excessive pain or suffering to the animal.

• (2) If an authorised officer is of the opinion that a person employed for slaughtering or killing an animal does not possess the necessary skill, ability and professional knowledge, the owner or the person in charge of the slaughterhouse or other premises shall, in accordance with the directions of the authorised officer and subject to any time limits that he or she may specify, arrange a staff training programme enabling such person to obtain the required training in order to satisfy the standards appropriate to that type of employment.

• (3) A person shall comply with a direction under paragraph (2).

Requirements for slaughter or killing outwith slaughterhouses

Disease control, fur animals, surplus chicks

• (2) A person shall not slaughter or kill or permit a person to slaughter or kill an animal farmed for its fur other than in accordance with Part 6 of Schedule 4.

• (3) A person shall not slaughter or kill or permit a person to slaughter or kill surplus day-old chicks, as defined in the European Communities (Live Poultry and Hatching Eggs) Regulations, 1992 ( S.I. No. 362 of 1992 ) and embryos in hatchery waste unless they are killed as rapidly as possible in accordance with Part 7 of Schedule 4.

Emergency and humane killing and slaughtering

• (2) Subject to paragraph (3), the owner or person in charge of a seriously injured or diseased animal shall ensure that it is slaughtered or killed immediately to avoid unnecessary suffering, unless a registered veterinary practitioner considers, after examining the animal, that it is not necessary to slaughter or kill the animal.

• (3) A registered veterinary practitioner may authorise the transport of an injured or diseased animal for the purpose of slaughter or killing provided the practitioner is of the opinion that transport does not entail further unnecessary suffering for the animal.

Import of meat

Part 6 Authorised officers

Appointment of authorised officer

• (2) The manager of a local authority may by instrument in writing, appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of Part 5 of these Regulations.

• (3) The Minister or manager of a local authority may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period.

• (4) An appointment as an authorised officer ceases—

• (a) if it is terminated pursuant to paragraph (3),

• (b) if it is for a fixed period, on the expiry of that period, or

• (c) if the person appointed is an officer of the Minister or a local authority, upon the person ceasing to be such an officer.

• (5) Nothing in paragraph (4) is to be construed so as to prevent the Minister or manager of a local authority from reappointing as an authorised officer a person to whom that paragraph relates.

• (6) An officer of the Minister or of a local authority shall furnish an authorised officer appointed under this Regulation with a warrant of his or her appointment as an authorised officer and, when exercising a power conferred on him or her, the officer, an officer of Customs and Excise or a member of the Garda Síochána shall, if requested by a person affected, produce the warrant or evidence that he or she is such an officer or member to the person.

Functions of authorised officer

• (a) an animal is present, has been present or may be present on a premises,

• (b) an animal is or has been killed, slaughtered, processed, stored or otherwise dealt with on a premises, or

• (c) a document relating to an animal is present, was present or may be present on a premises,

the authorised officer may enter the premises and he or she may—

• (i) search the premises,

• (ii) stop a person, vehicle, vessel or container,

• (iii) board and search a vehicle, vessel or container,

• (iv) examine an animal, vehicle, vessel, container or other thing that may be used in connection with an animal,

• (v) take, without payment, samples from an animal, feed or other thing or an article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on a sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient,

• (vi) require the production of a document or thing relating to an animal, feed, vehicle, vessel, container or other thing,

• (vii) retain a document or thing (for so long as is necessary),

• (viii) give a direction to, or request information of, a person regarding an animal, feed, vessel, vehicle, container, premises or other thing as he or she considers necessary,

• (ix) require the name and address of a person and the name and address of any other relevant person including the person to whom an animal or feed, is being delivered or who is causing it to be delivered,

• (x) require of a person the ownership, identity and origin of the animal or feed,

• (xi) make a record whether in writing, by photography or otherwise, or

• (xii) mark or otherwise identify an animal, feed, or a sample taken under subparagraph (v).

• (2) If an authorised officer has reasonable cause to suspect that—

• (a) an offence is being or has been committed under these Regulations,

• (b) a contravention of an act of the institutions of the European Communities relating to animal welfare is being or has been committed, or

• (c) evidence of an offence or contravention may be, is or has been on a premises—

the authorised officer may, in addition to the powers exercisable by him or her under subsection (1)—

• (i) search a person, where the authorised officer considers it necessary,

• (ii) seize and detain, an animal, carcass, animal product, animal by-product, animal feed, food, vessel, vehicle, container, equipment, machinery or other thing, or

• (iii) dispose of, or require the owner or person in charge of or in possession of an animal, carcass, animal product, animal by-product, animal feed, food or other thing to deal with or dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that may have been in contact with, the animal, carcass, animal product, animal by-product, animal feed or food) in a manner that the authorised officer sees fit.

• (3) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 28.

• (4) An authorised officer may use reasonable force, if necessary, in exercise of his or her powers under this Regulation.

• (5) An authorised officer, when exercising a power under this Regulation may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

• (6) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under these Regulations if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

• (7) Without prejudice to the generality of paragraph (1), a direction or requirement of an authorised officer may include conditions prohibiting, restricting or otherwise controlling the use, processing or movement of an animal as may be specified by the authorised officer.

• (8) Nothing in this Regulation operates to prejudice any power to search, or to seize or detain property, which may, apart from these Regulations, be exercised by a member of the Garda Síochána or an officer of Customs and Excise.

• (9) If a member of the Garda Síochána has reasonable grounds to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.

Search warrant

• (a) that evidence of, or relating to, the commission or intended commission of an offence under these Regulations is to be found on a premises,

• (b) there is or was an animal, feed, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with an animal or feed, on a premises,

• (c) a document or other record related to a thing to which subparagraph (a) or (b) refers is or may be on the premises,

the judge may issue a search warrant.

• (2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.

• (3) If a premises is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Part 7 Welfare notice and emergency measures

Welfare Notice

• (a) an animal is being caused unnecessary pain, suffering or injury,

• (b) an animal is at risk of being caused unnecessary pain, suffering or injury,

• (c) there is a serious risk to the welfare of an animal, herd or flock or

• (d) the conditions under which an animal, herd or flock is being bred or kept contravene these Regulations,

he or she may serve or cause to be served on the owner or keeper of the animal, herd or flock a notice (“welfare notice”) stating that opinion and directing that—

• (i) an ill or injured animal be cared for in an appropriate manner,

• (ii) veterinary or other specialist advice be obtained in respect of an ill or injured animal,

• (iii) an animal be supplied with feed appropriate to its age and species and in such quantity as will maintain it in good health,

• (iv) an animal be given access to such a supply of suitable liquid as will enable it to fulfil its fluid intake needs,

• (v) one or more animals be moved to and kept in such place as the officer specifies in the notice,

• (vi) one or more animals be sold, destroyed or otherwise disposed of in such manner and at such place (if any) as the officer may specify in the notice,

• (vii) such alterations or additions be made to the premises, land or place at which the animal is kept, or to the equipment and facilities found there, as the officer may specify in the notice,

• (viii) such alterations be made to the manner in which the animal is kept as the officer may specify in the notice, or

• (ix) such other measures be taken as are necessary to ensure that the animal is kept in a manner that complies with these Regulations.

• (2) A welfare notice may specify one or more requirements or refer to one or more animals or species of animal.

• (3) A requirement contained in a welfare notice may specify a time limit within which it is to be complied with.

• (4) A welfare notice may require the owner or keeper of the animal to choose between two or more of the requirements specified in the welfare notice.

• (5) A requirement specified in a welfare notice (in this Regulation referred to as “the earlier welfare notice”) may be modified or withdrawn in a further welfare notice and in that event the earlier welfare notice shall have effect subject to such modification or withdrawal.

• (6) A person, including a person upon whom a welfare notice is served, shall not deal with an animal to which the welfare notice relates other than in accordance with the terms of the welfare notice.

• (7) In the event of an appeal made pursuant to Regulation 31 a person, including the person appealing, shall not deal with an animal to which a welfare notice relates pending the determination of the appeal other than in accordance with such directions as shall be given in writing to the appellant by an authorised officer.

• (8) If the terms of a welfare notice are confirmed with or without modification by the judge of the District Court hearing an appeal under Regulation 31, a person including the person who made the appeal shall not deal with an animal to which the welfare notice relates other than in accordance with the welfare notice as confirmed.

• (9) Any costs pertaining to action required to comply with a welfare notice will be borne by the owner of the animal to which the welfare notice relates.

Service of Welfare Notice

• (a) by giving it to the person,

• (b) by leaving it at the address at which the person ordinarily resides or, where an address for service has been furnished, at that address,

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, where an address for service has been furnished, at that address, or

• (d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises.

• (2) If a welfare notice is to be served on a person who is the owner or keeper of an animal and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to that person by using the words “the owner” or “the keeper”.

• (3) A person shall not, at any time within 6 months after a welfare notice is affixed under paragraph (1)(d), remove, damage or deface the notification or compliance notice without lawful authority.

• (4) For the purposes of this Regulation, a company within the meaning of the Companies Acts is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Appeal against welfare notice

• (2) An appeal may be heard at any sitting of the District Court within the appropriate District Court District.

• (3) Notice of an appeal shall be served on the Minister at least 2 days prior to the hearing of the appeal by serving it on the Minister or by leaving it at the place and in the manner specified in the welfare notice.

• (4) A notice of appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms thereof are not justified.

• (5) A copy of the notice of appeal shall be lodged with the District Court Clerk in the manner specified in the welfare notice (if any) at least 2 days prior to the hearing of the appeal.

• (6) On the hearing of an appeal under this Regulation a judge of the District Court may confirm, modify or annul a welfare notice.

Power to seize and dispose of an animal

• (a) the owner or keeper of an animal fails to comply with the terms of a welfare notice within the time limit specified therein,

• (b) an authorised officer has reasonable grounds for believing that the terms of a welfare notice will not be complied with,

• (c) a welfare notice has been confirmed with or without modification under Regulation 31 and the notice has not been complied with,

• (d) an authorised officer has reasonable grounds for believing that the terms of a welfare notice which has been confirmed with or without modification under Regulation 31 will not be complied with, or

• (e) pending the determination of an appeal made under Regulation 31, an authorised officer has reasonable grounds for believing that—

• (i) a welfare notice, or

• (ii) a direction given pursuant to Regulation 27,

has not been or will not be complied with, an authorised officer may at any time seize the animal at such premises as he or she thinks fit.

• (2) An authorised officer may sell or dispose of a seized animal or cause it to be sold or be otherwise disposed of or destroyed in such manner and at such place as the authorised officer considers appropriate in the circumstances of the case.

• (3) Any profits arising out of the sale or disposal of an animal under this Regulation shall be paid to the owner of the animal less any expenses incurred in connection with seizure, maintenance, sale, disposal or destruction of the animal.

• (4) The costs (including ancillary costs) of seizure, maintenance, sale, disposal or destruction of an animal under Regulation 27, this Regulation or Regulation 33 are, subject to paragraph (3), recoverable—

• (a) by deducting the costs from any sum that is or becomes payable by the Minister to the owner of the animal, or

• (b) as a simple contract debt in any court of competent jurisdiction from the person who was the owner of the animal at the time of seizure, sale, disposal or destruction took place.

Emergency measures

• (a) is suffering a degree of pain, suffering or injury, or

• (b) is seriously at risk of being subject to a degree of pain, suffering or injury,

and that measures should be taken immediately to relieve its pain or suffering or risk of pain or suffering, he or she may seize, sell, dispose of or destroy or may arrange for the sale, disposal or destruction of the animal.

Part 8 Final provisions

Obstruction, etc

• (a) obstruct or impede an authorised officer in the exercise of his or her functions under these Regulations,

• (b) fail, without reasonable cause, to comply with a requirement or direction of an authorised officer under Regulation 27,

• (c) in purporting to give information to an authorised officer for the performance of the officer’s functions under Regulation 27—

• (i) make a statement that he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or

• (ii) fail to disclose a material particular,

• (d) tamper or otherwise interfere with a sample taken under Regulation 27, or

• (e) aid or abet a contravention of these Regulations.

Forgery

• (2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered a direction or requirement of an authorised officer under Regulation 27 (if the direction or requirement is in written form) or a welfare notice or an extract therefrom (hereafter in this Regulation referred to as “an altered document”).

• (3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

Evidence on certificate

• (a) that the person received a sample submitted to the laboratory,

• (b) that, for such period as is specified in the certificate, the person had in his or her custody a sample so submitted,

• (c) that the person gave to such other person as is specified in the certificate a sample so submitted, or

• (d) that the person carried out any laboratory examination and the result of that examination,

is, unless the contrary is proved, evidence of the matters stated in the certificate.

• (2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period—

• (a) a particular person was registered in the register,

• (b) the registration of a particular person had been revoked, or

• (c) that a particular, registration was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

• (3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of the matters stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

• (4) In proceedings for an offence, evidence of an act of the institutions of the European Community may be given by production of a copy of the act certified by an officer of the Minister to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the Minister.

• (5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).

Offences

• (a) contravenes Regulation 4, 6, 7, 8, 9, 10(2), (12), 12, 13, 14, 15, 16, 17, 18, 19, 20, 21(1), (3), 22, 23, 24(2), 25, 29(6), (7), 30(3), 34 or 35, or

• (b) fails to comply with a direction or requirement of an authorised officer under Regulation 27 or the requirements of a welfare notice or a welfare notice confirmed with or without modification,

commits an offence and is liable on conviction to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months or both.

• (2) A summary offence under these Regulations may be prosecuted by—

• (a) the Minister, or

• (b) in respect of Part 5, the local authority in whose functional area the alleged offence occurs.

• (3) If an offence under these Regulations is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any wilful neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of any committee of management or other controlling authority) of the body, such other person as well as the body, or the person so purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (4) If the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate.

• (5) In a prosecution for an offence under these Regulations, it is not a defence for the defendant to show that Regulation 5 applies to that person in respect of the premises to which the alleged offence relates if he or she is entered in the Register maintained under Regulation 10 unless he or she can show to the satisfaction of the Court that he or she has given notice in accordance with Regulation 10(13) and the Minister is put on notice of this defence no later than 10 days prior to the sitting of the Court where the case is heard.

Revocation and Savers

• (a) European Communities (Protection of animals at time of slaughter) Regulations 1995 ( S.I. No. 114 of 1995 ),

• (b) European Communities (Welfare of laying hens) Regulations 2002 ( S.I. No. 98 of 2002 ),

• (c) European Communities (Welfare of calves and pigs) Regulations 2003 ( S.I. No. 48 of 2003 ),

• (d) European Communities (Protection of animals at time of slaughter) (Amendment) Regulations 2004 ( S.I. no. 192 of 2004 ),

• (e) European Communities (Protection of animals kept for farming purposes) Regulations 2006 ( S.I. No. 705 of 2006 )

• (f) European Communities (Welfare of laying hens) (Amendment) Regulations 2007 ( S.I. No. 105 of 2007 ), and

• (g) European Communities (Welfare of calves and pigs) (Amendment) Regulations 2007 ( S.I. No. 307 of 2007 ).

• (2) A welfare notice within the meaning of the Regulations revoked by paragraph (1) that is in force immediately before the making of these Regulations remains in force and shall be dealt with as if it were a welfare notice.

• (3) An appeal under Regulations revoked by paragraph (1) shall be dealt with as if it were an appeal under Regulation 31 of these Regulations.

• (4) These Regulations are in addition to and not in substitution for the Protection of animals kept for farming purposes Act 1984 (No. 13 of 1984).

• (5) In case of conflict, these Regulations prevail over the Slaughter of Animals Act 1935.

Regulation 4(2)

Schedule 1 Conditions under which an animal should be kept

Staffing.

Inspection.

Record keeping.

Freedom of movement.

Buildings and accommodation.

Animals not kept in buildings.

Automatic or mechanical equipment.

Feed, water and other substances.

Breeding procedures.

Regulation 6.

Schedule 2 Conditions under which laying hens should be kept

After the first days of conditioning, lighting shall follow a 24 hour cycle, include an uninterrupted period of darkness of approximately eight hours so that the laying hens may rest and avoid problems such as immuno-depression and ocular anomalies and, otherwise, be such as to prevent health and behavioural problems. An adequate period of twilight, when the light is dimmed and which facilitates the laying hens setting down without disturbance or injury, shall be provided.

Regulation 12.

Schedule 3 Part 1 Conditions for the Rearing or Fattening of calves and pigs

Where an artificial ventilation system is used, provision shall be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the calves or pigs in the event of the failure of the system, and an alarm system, independent of the mains electricity supply, shall be provided to inform the owner or person in charge of the breakdown or fire.

The alarm system shall be tested at least once a month and maintained in proper working order.