The Welfare of Farmed Animals (Scotland) Regulations 2010

Made: 4th November 2010

Coming into force in accordance with regulation 1

In accordance with section51(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1

These Regulations may be cited as the Welfare of Farmed Animals (Scotland) Regulations 2010 and come into force on the day after the day on which they are made.

Interpretation

2

• (1) In these Regulations—

• “animal welfare code” means a code of practice issued under section37 of the Animal Health and Welfare (Scotland) Act 2006[^f00002];

• “calf” means a bovine animal under 6months old;

• “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; orwith only breeding stocks of such animals;that is on a hatchery;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 AnnexV to Commission Regulation (EC) No.543/2008 laying down detailed rules for the application of Council Regulation (EC) No.1234/2007 as regards the marketing standards for poultrymeat[^f00003]; orthat 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[^f00004];

• “inspector” means a person appointed as an inspector by the Scottish Ministers or a local authority for the purposes of these Regulations;

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

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00005];

• “person responsible” means a person responsible for an animal in terms of section18 of the Animal Health and Welfare (Scotland) Act 2006 and includes a keeper and a food business operator; and

• “pig” means an animal of the porcine species of any age, kept for breeding or fattening.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Animals to which these Regulations apply

3

• (1) These Regulations apply to farmed animals only.

• (2) In these Regulations, a “farmed animal” means an animal bred or kept for the production of food, wool or skin or for other farming purposes, but not including—

• (a) a fish, reptile or amphibian;

• (b) an animal whilst at, or solely intended for use in, a competition, show or cultural or sporting event or activity;

• (c) an experimental or laboratory animal; or

• (d) an animal living in the wild.

Appointment of competent authority

4

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Duties on a person responsible for a farmed animal

5

• (1) A person responsible for a farmed animal must ensure that the conditions under which that animal is bred or kept comply with the requirements set out in Schedule 1.

• (2) In relation to the duty in paragraph(1), a person responsible for a farmed animal must have regard to its—

• (a) species;

• (b) degree of development;

• (c) adaptation and domestication; and

• (d) physiological and ethological needs in accordance with established experience and scientific knowledge.

Additional duties on a person responsible for animals and at slaughterhouses

6

• (1) A person responsible for—

• (a) conventionally reared meat chickens must comply with the requirements set out in Schedule2;

• (b) laying hens kept on holdings with 350 or more laying hens must comply with the requirements set out in Schedule3 (as appropriate to the system or systems used on the premises);

• (c) calves confined for rearing and fattening must comply with the requirements set out in Schedule4;

• (d) cattle must comply with the requirements set out in Schedule5;

• (e) pigs must comply with the requirements set out in Schedule6; and

• (f) rabbits must comply with the requirements set out in Schedule7.

• (2) In relation to monitoring and follow-up at the slaughterhouse, Part3 of Schedule2 has effect.

Animal welfare codes

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A person responsible for a farmed animal—

• (a) must not attend to that animal unless that person is acquainted with any relevant animal welfare code and has access to that code while attending to that animal; and

• (b) must take all reasonable steps to ensure that a person employed or engaged by the person responsible does not attend to that animal unless that employed or engaged person—

• (i) is acquainted with any relevant animal welfare codes relating to the animal being attended to;

• (ii) has access to a copy of those codes while that person is attending to that animal; and

• (iii) has received instruction and guidance on those codes.

Powers of an inspector

8

• (1) Where an inspector considers that a farmed animal is being kept in contravention of any provision of these Regulations, the inspector may serve a notice on the person who in the opinion of the inspector is responsible for that animal requiring that person within the period stated in the notice to take any action that the inspector considers to be reasonably necessary to ensure compliance with these Regulations and the inspector shall give reasons for requiring that action to be taken.

• (2) An inspector may enter any premises except domestic premises at all reasonable times, on producing, if so required, evidence of that inspector’s authority, for the purpose of ascertaining whether these Regulations are being, or have been, complied with and, in particular, may—

• (a) inspect and copy any records (in whatever form they are held) kept under these Regulations or remove such records to enable them to be copied;

• (b) inspect and check the operation of any computer and any associated apparatus or material which is, or has been, in use in connection with the records;

• (c) for that purpose, require any person having charge of, or otherwise concerned with, the operation of the computer, apparatus or material to afford the inspector such assistance as the inspector may reasonably require (including providing the inspector with any necessary passwords);

• (d) where a record is kept by means of a computer, require the record to be produced in a form in which it may be taken away;

• (e) examine, or require the examination of, any farmed animal kept on the premises; and

• (f) take on to the premises such persons to give the inspector such assistance and such equipment as the inspector considers necessary.

• (3) If a Sheriff or Justice of the Peace is satisfied by evidence on oath laid by any inspector that there are reasonable grounds for suspecting that an offence under these Regulations has been or is being committed at any domestic premises, the Sheriff or Justice may issue a warrant authorising any inspector to enter those premises, by reasonable force if need be, and inspect them and any animals or any thing found there.

• (4) A warrant issued under paragraph(3) above—

• (a) may authorise persons to accompany the person who is executing the warrant; and

• (b) shall continue in force for the period of onemonth commencing with the date of issue.

• (5) The power of entry conferred by the warrant may be exercised at all reasonable times and any person entering the premises in exercise of that power shall—

• (a) produce the warrant if so required; and

• (b) comply with such precautions (if any) as the Sheriff or Justice of the Peace may specify to prevent the spread among animals of infectious or contagious diseases.

• (6) If an inspector enters any unoccupied premises, the inspector must leave them as effectively secured against entry as the inspector found them.

Obstruction

9

If any person intentionally obstructs an inspector (or a person assisting an inspector in accordance with regulation8(2)(f)) in the exercise of the powers conferred by regulation8 that person is guilty of an offence and will be liable on summary conviction to a fine not exceeding level4 on the standard scale, or to imprisonment for a term not exceeding 3months, or both.

Powers of entry: representative of the European Commission

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Offences

11

A person responsible for animals who—

• (a) without lawful authority or reasonable excuse—

• (i) contravenes or fails to comply with any provision of these Regulations;

• (ii) fails to comply with a notice served under regulation8 within the time specified in the notice;

• (b) makes any entry in a record, or gives any information for the purposes of these Regulations which that person knows to be false in any material particular or, for those purposes, recklessly makes a statement or recklessly gives any information which is false in any material particular; or

• (c) causes or permits any of the above,

is guilty of an offence and will be liable on summary conviction to a fine not exceeding level4 on the standard scale, or to imprisonment for a term not exceeding 3months, or both.

Enforcement

12

The Scottish Ministers or the local authority may appoint inspectors for the purposes of enforcing these Regulations.

Revocations

13

The instruments specified in Schedule8 are revoked.

Savings

14

The Welfare of Farmed Animals (Scotland) Regulations 2000[^f00016] continue to have effect in relation to any notices served under regulation11 of those Regulations and any offence under regulation13 of those Regulations committed prior to the coming into force of these Regulations.

SCHEDULE 1 — GENERAL CONDITIONS UNDER WHICH FARMED ANIMALS MUST BE BRED OR KEPT

Staffing

1

Animals must be cared for by a sufficient number of staff who possess the appropriate ability, knowledge and professional competence.

Inspection

2

• (1) Animals kept in husbandry systems in which their welfare depends on frequent human attention must be adequately inspected at least once a day to check that they are in a state of well-being.

• (2) Animals kept in systems other than husbandry systems in which their welfare depends on frequent human attention must be inspected at intervals sufficient to avoid any suffering.

• (3) In the following cases, it is sufficient for the purposes of this paragraph to comply with the following specific provisions:—

• (a) in the case of conventionally reared meat chickens, paragraph11 of Schedule2;

• (b) in the case of laying hens kept in any system, paragraph2 of Schedule3;

• (c) in the case of calves, paragraph2 or 3 of Schedule4; or

• (d) in the case of pigs, paragraph2 of Schedule6.

3

Where animals are kept in a building, adequate lighting (whether fixed or portable) must be available to enable them to be adequately inspected at any time.

4

Where any animals (other than laying hens kept in the systems referred to in Parts3, 4 and 5 of Schedule3) are kept in a building they must be kept on, or have access at all times to, a lying area which is well maintained with dry bedding or litter or a well-drained area for resting.

5

Any animals which appear to be ill or injured—

• (a) must be cared for appropriately without delay; and

• (b) where they do not respond to such care, veterinary advice must be obtained as soon as reasonably practicable.

6

Where necessary, sick or injured animals must be isolated in suitable accommodation with, where appropriate, dry comfortable bedding.

Record keeping

7

A record must be maintained of—

• (a) any medicinal treatment given to animals; and

• (b) the number of mortalities found on each inspection of animals.

8

The record referred to in paragraph7 must be retained for a period of at least 3years from the date on which the medicinal treatment was given, or the date of the inspection, as the case may be, and must be made available to an inspector on request.

Freedom of movement

9

The freedom of movement of animals, having regard to their species and in accordance with established experience and scientific knowledge, must not be restricted in such a way as to cause them unnecessary suffering or injury.

10

Where animals are continuously or regularly tethered or confined, they must be given the space appropriate to their physiological and ethological needs in accordance with established experience and scientific knowledge.

Buildings and accommodation

11

Materials used for the construction of accommodation and, in particular, for the construction of pens, cages, stalls and equipment with which the animals may come into contact, must not be harmful to them and must be capable of being thoroughly cleaned and disinfected.

12

Accommodation and fittings for securing animals shall be constructed and maintained so that there are no sharp edges or protrusions likely to cause injury to them.

13

Air circulation, dust levels, temperature, relative air humidity and gas concentrations must be kept within limits which are not harmful to the animals.

14

Animals kept in buildings must not be kept in permanent darkness.

15

Where the natural light available in a building is insufficient to meet the physiological and ethological needs of any animals being kept in it then appropriate artificial lighting must be provided.

16

Animals kept in buildings must not be kept without an appropriate period of rest from artificial lighting.

Animals not kept in buildings

17

Animals not kept in buildings must, where necessary and possible, be given protection from adverse weather conditions, predators and risks to their health and, at all times, have access to a well-drained lying area.

Automatic or mechanical equipment

18

All automated or mechanical equipment essential for the health and well-being of the animals must be inspected at least once a day to check that there is no defect in it.

19

Where any defect in automated or mechanical equipment of the type specified in paragraph18 is discovered, it must be rectified immediately, or if that is impossible, appropriate steps must be taken to safeguard the health and well-being of the animals pending the rectification of such defects including the use of alternative methods of feeding and watering and methods of providing and maintaining a satisfactory environment.

20

Where the health and well-being of animals is dependent on an artificial ventilation system—

• (a) provision must be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the animals in the event of failure of the system; and

• (b) an alarm system (which will operate even if the principal electricity supply to it has failed) must be provided to give warning of any failure of the system.

21

The back-up system referred to in paragraph20(a) must be thoroughly inspected, and the alarm system referred to in paragraph20(b) tested, in each case not less than once every 7days in order to check that there is no defect in it, and, if any defect is found in such system or alarm (whether or not on it being inspected or tested in accordance with this paragraph), it must be rectified forthwith.

Feed, water and other substances

22

Animals must be fed a wholesome diet which is appropriate to their age and species and which is fed to them in sufficient quantity to maintain them in good health, to satisfy their nutritional needs and to promote a positive state of well-being.

23

Animals must not be provided with food or liquid in a manner, nor must such food or liquid contain any substance, which may cause them unnecessary suffering or injury.

24

All animals must have access to feed at intervals appropriate to their physiological needs (and, in any case, at least once a day), except where a veterinary surgeon acting in the exercise of that profession otherwise directs.

25

All animals must either have access to a suitable water supply and be provided with an adequate supply of fresh drinking water each day or be able to satisfy their fluid intake needs by other means.

26

Feeding and watering equipment must be designed, constructed, placed and maintained so that contamination of food and water and the harmful effects of competition between animals are minimised.

27

• (1) No other substance, with the exception of those given for therapeutic or prophylactic purposes for the purpose of zootechnical treatment, may be administered to animals unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of the substance is not detrimental to the health or welfare of the animals.

• (2) In this paragraph “zootechnical treatment” means the administering to any animal, after examination by (or supervised by) a veterinarian, of any substance authorised by the Scottish Ministers for synchronising oestrus and preparing donors and recipients for the implantation of embryos.

Breeding procedures

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