The Welfare of Farmed Animals (Wales) Regulations 2001

Made: 17th July 2001

Coming into force: 31st July 2001

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

Title, commencement and application

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• (1) These Regulations may be cited as the Welfare of Farmed Animals (Wales) Regulations 2001 and, shall come into force on 31st July 2001.

• (2) These Regulations shall apply to Wales only.

Interpretation and application

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• (1) In these Regulations —

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

• “authorised person” (“person awdurdodedig”) means any person authorised by the National Assembly for Wales under section 6 of the Agriculture (Miscellaneous Provisions) Act 1968;

• “battery cage” (“cawell batri”) means an enclosed space intended for laying hens in a battery system;

• “battery system” (“system fatri”) means an arrangement of cages in rows or tiers or rows and tiers;

• “calf” (“llo”) means a bovine animal up to six months old;

• “keeper” (“ceidwad”) means any person responsible for or in charge of animals whether on a permanent or temporary basis;

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

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

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

• “pig” (“mochyn”) means an animal of the porcine species of any age, kept for breeding or fattening;

• “statutory welfare code” (“cod lles statudol”) means a code for the time being issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 1968; and

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

• “zootechnical treatment” (“triniaeth söotechnegol”) has the meaning given by Article 1(2)(c) of Directive 96/22/EEC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists.

• (2) These Regulations shall apply to animals except—

• (a) animals living in the wild;

• (b) animals whilst at, and animals solely intended for use in, competitions, shows, cultural or sporting events or activities;

• (c) experimental or laboratory animals; or

• (d) any invertebrate animals.

• (3) Part 1 of Schedule 6 shall have effect for the purpose of the interpretation of Schedule 6.

• (4) In these Regulations —

• (a) any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations;

• (b) any reference to a numbered Schedule is a reference to the Schedule to these Regulations so numbered in these Regulations;

• (c) any reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs; and

• (d) any reference to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.

• (5) Expressions which are not defined in paragraph (1) above and which appear in Council Directives 91/630/EEC and 2001/88/EC and Commission Directive 2001/93/EC have the same meaning in these Regulations as they have for the purposes of that Community legislation.

Duties on owners and keepers of animals

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• (1) Owners and keepers of animals shall take all reasonable steps —

• (a) to ensure the welfare of the animals under their care; and

• (b) to ensure that the animals are not caused any unnecessary pain, suffering or injury.

• (2) Owners and keepers of animals (other than fish, reptiles and amphibians) shall take all reasonable steps to ensure that the conditions under which the animals are bred or kept comply with the requirements set out in Schedule 1.

• (3) In deciding whether the conditions under which animals are being bred or kept comply with the requirements set out in Schedule 1, the owner and keeper of the animals shall have regard to their species, and to their degree of development, adaptation and domestication, and to their physiological and ethological needs in accordance with established experience and scientific knowledge.

Additional duties on owners and keepers of laying hens kept in battery cages

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Additional duties on owners and keepers of poultry (other than those kept in the systems referred to in Schedules 3A, 3B and 3C)

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Owners and keepers 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

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Owners and keepers of calves confined for rearing and fattening shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 4.

Additional duties on owners and keepers of calves confined for rearing and fattening

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Owners and keepers of cattle confined for rearing and fattening shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 5.

Additional duties on owners and keepers of cattle

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Owners and keepers of pigs shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with —

• (a) the requirements set out in Part II of Schedule 6; and

• (b) the requirements set out in Parts III, IV, V or VI of Schedule 6 (as the case may be) applicable to the particular category of pig being kept.

Additional duties on owners and keepers of pigs

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Owners and keepers of rabbits shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 7.

Statutory welfare codes

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• (1) Any person who employs or engages a person to care for animals shall ensure that the person attending to the animals —

• (a) is acquainted with the provisions of all relevant statutory welfare codes relating to the animals being cared for;

• (b) has access to a copy of those codes while he or she is caring for the animals; and

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

• (2) Any person who keeps animals, or who causes or knowingly permits animals to be kept, shall not care for them unless he or she has access to all relevant statutory welfare codes relating to the animals while he or she is caring for to them, and is acquainted with the provisions of those codes.

Powers of authorised persons

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Where an authorised person considers that animals are being kept in a way which is likely to cause unnecessary pain, suffering or injury, or in any other way in contravention of any provision of these Regulations, he or she may serve a notice on the person appearing to him or her to be in charge of the animals requiring that person, within the period stated in the notice, to take any action that the authorised person considers to be reasonably necessary to ensure compliance with these Regulations and the authorised person shall give his or her reasons for requiring that action to be taken.

Powers of entry

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An authorised person exercising powers of entry under the Agriculture (Miscellaneous Provisions) Act 1968 for the purposes of these Regulations may take with him or her a representative of the European Commission acting for the purposes of —

• (a) Council Directive 99/74/EC laying down minimum standards for the protection of laying hens.

• (b) Council Directive 91/629/EEC laying down minimum standards for the protection of calves as amended by Council Directive 97/2/EC and Commission Decision 97/182/EC ;

• (c) Council Directive 91/630/EEC laying down minimum standards for the protection of pigs; or

• (d) Council Directive 98/58/EC concerning the protection of animals kept for farming purposes;

as well as any person he or she takes under powers provided under section 6(3) of that Act.

Offences

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• (1) A person who, without lawful authority or excuse —

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

• (b) fails to comply with a notice served under regulation 11 within the time specified in the notice;

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

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

shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.

• (2) In any proceedings against an owner or keeper of animals for a failure to comply with regulation 3(1) or 3(2) (as read with regulation 3(3)), the owner or keeper, as the case may be, may rely on his or her compliance with any relevant recommendation contained in a statutory welfare code as tending to establish his or her compliance with the relevant regulation.

Revocations

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The Welfare of Livestock Regulations 1994 and the Welfare of Livestock (Amendment) Regulations 1998 are hereby revoked as regards Wales only.

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

Staffing

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

Inspection

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• (1) Subject to sub-paragraph (3), all animals kept in husbandry systems in which their welfare depends on frequent human attention shall be thoroughly inspected at least once a day to check that they are in a state of well-being.

• (2) Subject to sub-paragraph (3), animals kept in systems other than husbandry systems in which their welfare depends on frequent human attention shall be inspected at intervals sufficient to avoid any suffering.

• (3) Notwithstanding sub-paragraphs (1) and (2), in the following cases, it shall be sufficient for the purposes of this paragraph to comply with the following specific provisions —

• (a) in the case of laying hens kept in all systems, paragraph 1 of Schedule 3D;

• (b) in the case of calves, paragraphs 3 and 4 of Schedule 4; and

• (c) in the case of pigs, paragraph 2 of Schedule 6.

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

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Where any animals (other than poultry) are kept in a building they shall be kept on, or have access at all times to, a lying area which either has well-maintained dry bedding or is well-drained.

5

Any animals which appear to be ill or injured —

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

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

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• (1) Where necessary, sick or injured animals shall be isolated in suitable accommodation with, where appropriate, dry comfortable bedding.

• (2) Notwithstanding sub-paragraph (1), in the following cases, it shall be sufficient for the purposes of this paragraph to comply with the following specific provisions —

• (a) in the case of calves, paragraph 5 of Schedule 4; and

• (b) in the case of pigs, paragraph 3 of Schedule 6.

Record keeping

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A record shall be maintained of —

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

• (b) the number of mortalities found on each inspection of animals carried out in accordance with any of the following provisions —

• (i) in the case of laying hens kept in all systems, paragraph 1 of Schedule 3D;

• (ii) in the case of calves, paragraph 3 or 4 of Schedule 4;

• (iii) in the case of pigs, paragraph 2 of Schedule 6; or

• (iv) in any other case, paragraph 2 of this Schedule.

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The record referred to in paragraph 7 shall be retained for a period of at least three years from the date on which the medical treatment was given, or the date of the inspection, as the case may be, and shall be made available to an authorised person when carrying out an inspection or when otherwise requested by such person.

Freedom of movement

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The freedom of movement of animals, having regard to their species and in accordance with established experience and scientific knowledge, shall 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 shall be given the space appropriate to their physiological and ethological needs in accordance with established experience and scientific knowledge.

Buildings and accommodation

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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, shall not be harmful to them and shall be capable of being thoroughly cleansed and disinfected.

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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 shall be kept within limits which are not harmful to the animals.

14

Animals kept in buildings shall 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 shall be provided.

16

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

Animals not kept in buildings

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

Automatic or mechanical equipment

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

19

Where defects in automated or mechanical equipment of the type referred to in paragraph 18 are discovered, these shall be rectified immediately, or if this is impossible, appropriate steps shall 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.

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

• (a) provision shall 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) shall be provided to give warning of any failure of the system.

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