The Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012

Made: 30th March 2012

Coming into operation: 2nd April 2012

In accordance with section 55(1) of that Act, a draft of this rule has been laid before the Northern Ireland Assembly and approved by a resolution of the Northern Ireland Assembly.

Citation and commencement

1

These Regulations may be cited as the Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012 and shall come into operation on 2nd April 2012.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Welfare of Animals Act (Northern Ireland) 2011;

• “cattle” means all animals of the bovine species including bison and buffalo;

• “conventionally reared meat chicken” means an animal of the species Gallus gallus that is kept for meat production, other than one—that is on a holding with fewer than 500 such animals or with only breeding stocks of such animals;in relation to which the term “Extensive indoor (barn reared)”, “Free range”, “Traditional free range” or “Free range – total freedom” can be used within the meaning of point (b), (c), (d) or (e) of Annex V to Commission Regulation (EC) No. 543/2008 laying down detailed rules for the application of Regulation (EC) No. 1234/2007 as regards the marketing standards for poultrymeat[^f00002];that is organically reared in accordance with Council Regulation (EC) No. 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092/91 , as last amended by Council Regulation (EU) No 517/2013[^f00003];

• “desnooding” means removal of a turkey’s snood;

• “disbudding” means removal of the horn bud of cattle, goats or sheep;

• “domestic fowl” means a domesticated member of the species Gallus gallus;

• “dubbing” means removal of the comb of a domestic fowl;

• “farmed” means, in relation to an animal, bred or kept for the production of food, wool or skin or for other farming purposes;

• “horses” means any member of the equine species including ponies, asses, donkeys, jennets and mules;

• “in velvet” means, in relation to the antlers of a deer, until the velvet is frayed and the greater part of it has been shed;

• “laying hen” means a hen of the species Gallus gallus which has reached laying maturity and is kept for the production of eggs not intended for hatching;

• “lay person” means, in relation to a procedure listed in Schedules 1 to 11, a person who has received instruction or who is otherwise experienced in the performance of that procedure;

• “poultry” means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;

• “prohibited procedure” means a procedure which involves interference with the sensitive tissues or bone structure of an animal;

• “protected animal” shall have the same meaning as in section 2 of the Act; and

• “suitable instrument” means in relation to any procedure, an instrument that is in a fit state of repair and has been designed, or is of a kind commonly used, for the purpose of performing that procedure.

• (2) In these Regulations, any reference to a lay person includes a—

• (a) veterinary student acting in accordance with paragraph 4 of the Schedule to the Veterinary Surgeons (Practice by Students) Regulations Order of Council 1981[^f00004];

• (b) person undergoing instruction in accordance with paragraph 5 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1996[^f00005];

• (c) veterinary nurse acting in accordance with paragraph 6 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1966;

• (d) student veterinary nurse acting in accordance with paragraph 7 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1966;

• (e) registered medical practitioner or a registered dentist acting in accordance with section 19 of the Veterinary Surgeons Act 1966; and

• (f) person entitled to carry out a procedure listed in Schedules 1 to 11 under the Veterinary Surgeons (Exemptions) Order 1962[^f00006].

Requirements when carrying out a permitted procedure

3

Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedules 1 to 11 carried out by a lay person, providing it is carried out—

• (a) in accordance with any relevant requirement in those Schedules;

• (b) in such a way as to minimise the pain and suffering it causes to the protected animal;

• (c) in hygienic conditions; and

• (d) in accordance with best practice.

Performance of prohibited procedures in an emergency

4

• (1) Section 5(1) and (2) of the Act does not apply where a prohibited procedure is carried out in an emergency for the purpose of saving the life or relieving the pain of the protected animal.

• (2) Any procedure carried out under paragraph (1) shall be carried out in accordance with regulation 3, in so far as this is practicable in all of the circumstances.

• (3) A record shall be kept for 3 years detailing the circumstances and the reason for carrying out the emergency procedure.

Sampling

5

Subject to regulation 3(b) to (d), section 5(1) and (2) of the Act does not apply to any procedure undertaken by a lay person involving the removal of tissue, hair or feathers from a protected animal for the purposes of genetic analysis.

Repeals

6

The Welfare of Livestock (Prohibited Operations) Regulations (Northern Ireland) 1987[^f00007] is repealed.

SCHEDULE 1 — CATTLE

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to cattle

Identification procedures

1

• (1) Ear notching;

• (2) Ear tagging;

• (3) Freeze branding;

• (4) Microchipping;

• (5) Tattooing;

• (6) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

• (1) Artificial insemination;

• (2) Castration;

• (3) Embryo collection or transfer by a non-surgical method;

• (4) Implantation of a subcutaneous contraceptive;

• (5) Ovum transplantation, including ovum collection by a non-surgical method.

Other management procedures

3

• (1) Dehorning;

• (2) Disbudding;

• (3) Nose ringing;

• (4) Removal of supernumerary teats.

PART II — Part II specifies any additional conditions for a procedure

Castration

4

When the method used is the application of a rubber ring or other device to constrict the flow of blood to the scrotum, the procedure shall only be carried out on an animal aged not more than 7 days or by any other means before the age of two months.

Embryo collection or transfer by a non-surgical method

5

An anaesthetic shall be administered.

Implantation of a subcutaneous contraceptive

6

• (1) The procedure may not be carried out on a farmed animal.

• (2) The procedure shall only be carried out as part of a conservation breeding programme.

Ovum transplantation, including ovum collection by a non-surgical method

7

An anaesthetic shall be administered.

Dehorning

8

An anaesthetic shall be administered.

Disbudding

9

• (1) When the method used is chemical cauterisation, the procedure shall only be carried out on an animal aged not more than 7 days.

• (2) When any other method is used, such as heated iron, an anaesthetic shall be administered.

Removal of supernumerary teats

10

• (1) The procedure shall only be carried out on an animal that is aged not more than 3 months.

• (2) An anaesthetic shall be administered.

SCHEDULE 2 — PIGS

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to pigs

Identification procedures

1

• (1) Ear tagging;

• (2) Microchipping;

• (3) Tattooing;

• (4) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

• (1) Artificial insemination;

• (2) Castration;

• (3) Implantation of a subcutaneous contraceptive.

Other management procedures

3

• (1) Nose ringing;

• (2) Tail docking;

• (3) Tooth reduction;

• (4) Tusk trimming.

PART II — Part II specifies any additional conditions for a procedure

Castration

4

Castration of pigs aged not more than 7 days by a method not involving the tearing of tissues.

Implantation of a subcutaneous contraceptive

5

• (1) The procedure may not be carried out on a farmed animal;

• (2) The procedure shall only be carried out as part of a conservation breeding programme.

Nose ringing

6

The procedure shall only be carried out on an animal that is not kept continuously in an indoor husbandry system.

Tail docking

7

• (1) The procedure shall only be carried out where measures to improve environmental conditions or management systems have first been taken to prevent tail-biting, but there is still evidence to show that injury to pigs’ tails by biting has occurred.

• (2) Tail docking of pigs aged not more than 7 days may be carried out without an anaesthetic as long as there is quick and complete severance of the part of the tail to be removed.

Tooth reduction

8

• (1) The procedure shall only be carried out where measures to improve environmental conditions or management systems have first been taken to prevent tail-biting and other vices, but there is still evidence to show that injury to sows’ teats or to other pigs’ ears or tails by biting has occurred.

• (2) The procedure shall only be carried out on an animal that is aged not more than 7 days.

• (3) The procedure shall consist only of the uniform reduction of the corner teeth by—

• (i) grinding; or

• (ii) clipping,

so as to leave an intact smooth surface.

Tusk trimming

9

• (1) The procedure shall only be carried out where there is evidence to show that it is necessary to prevent injury to other animals or for safety reasons.

• (2) An anaesthetic shall be administered.

SCHEDULE 3 — SHEEP

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to sheep

Identification procedures

1

• (1) Ear notching;

• (2) Ear tagging;

• (3) Microchipping;

• (4) Tattooing;

• (5) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

• (1) Artificial insemination;

• (2) Castration;

• (3) Implantation of a subcutaneous contraceptive;

• (4) Implantation of a subcutaneous hormone.

Other management procedures

3

• (....) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1) Tail docking.

PART II — Part II specifies any additional conditions for a procedure

Castration

4

• (1) When the method used is the application of a rubber ring or other device to constrict the flow of blood to the scrotum, the procedure shall only be carried out on an animal aged not more than 7 days.

• (2) When any other method is used it shall only be used up to the age of 3 months.

Implantation of a subcutaneous contraceptive

5

• (1) The procedure may not be carried out on a farmed animal.

• (2) The procedure shall only be carried out as part of a conservation breeding programme.

Implantation of a subcutaneous hormone

6

This would apply to subcutaneous hormone (or other pharmaceutical product)for modulating seasonal reproductive activity in adult females.

Tail docking

7

• (1) In all cases, enough of the tail shall be retained to cover the vulva of a female animal or the anus of a male animal.

• (2) When the method used is the application of a rubber ring or other device to constrict the flow of blood to the tail, the procedure shall only be carried out on an animal aged not more than 7 days, or by any other means such as a hot docking iron, before the age of three months.

SCHEDULE 4 — GOATS

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to goats

Identification procedures

1

• (1) Ear notching;

• (2) Ear tagging;

• (3) Microchipping;

• (4) Tattooing;

• (5) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

• (1) Castration;

• (2) Implantation of a subcutaneous contraceptive.

Other management procedures

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — Part II specifies any additional conditions for a procedure

Castration

3

When the method used is the application of a rubber ring or other device to constrict the flow of blood to the scrotum, the procedure shall only be carried out on an animal aged not more than 7 days or by any other means before the age of two months.

Implantation of a subcutaneous contraceptive

4

• (1) The procedure may not be carried out on a farmed animal;

• (2) The procedure shall only be carried out as part of a conservation breeding programme.

SCHEDULE 5 — HORSES

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to horses

Identification procedures

1

• (1) Freeze branding;

• (2) Tattooing;

• (3) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

• (1) Artificial insemination;

• (2) Implantation of a subcutaneous contraceptive.

PART II — Part II specifies any additional conditions for a procedure

3

There are no associated requirements.

SCHEDULE 6 — DEER

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to deer

Identification procedures

1

• (1) Ear notching;

• (2) Ear tagging;

• (3) Microchipping;

• (4) Tattooing;

• (5) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

Implantation of a subcutaneous contraceptive.

PART II — Part II specifies any additional conditions for a procedure

Implantation of a subcutaneous contraceptive

3

• (1) The procedure may not be carried out on farmed deer.

• (2) The procedure shall only be carried out as part of a conservation breeding programme.

SCHEDULE 7 — BIRDS

PART I — Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to birds

Identification procedures

1

• (1) Microchipping;

• (2) Neck tagging;

• (3) Web notching;

• (4) Web tagging;

• (5) Wing tagging;

• (6) Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.

Procedures for the control of reproduction

2

• (1) Castration;

• (2) Implantation of a subcutaneous contraceptive.

Other management procedures

3

• (1) Beak trimming of poultry;

• (2) Desnooding;

• (3) De-toeing of domestic fowl and turkeys;

• (4) Dubbing;

• (5) Removal of the dependent portion of its wattles;

• (6) Wing pinioning for non farmed poultry.

PART II — Part II specifies any additional conditions for a procedure

4

• (1) With the exception of beak trimming (where paragraph 11 applies), no procedure listed in Part I of this Schedule may be performed on—

• (a) conventionally reared meat chickens; or

• (b) a laying hen or a chick that is intended to become a laying hen which is kept on an establishment with 350 or more such birds.

Neck tagging

5

The procedure shall only be carried out on farmed ducks and only where performed within 36 hours of hatching for the purposes of a breed improvement programme.

Web notching

6

The procedure shall only be carried out on farmed ducks and only where performed within 36 hours of hatching for the purposes of a breed improvement programme.

Web tagging

7

• (1) The procedure shall only be carried out on farmed birds for the purposes of breed improvement programmes or testing for the presence of disease.