The Mutilations (Permitted Procedures) (Wales) Regulations 2007

Made: 27 March 2007

Coming into force: 28 March 2007

The National Assembly for Wales being, in relation to Wales, the appropriate national authority for the purpose of exercising the powers conferred by section 5(4) of the Animal Welfare Act 2006 ,makes the following Regulations in exercise of those powers.

In accordance with section 5(5) of that Act, the Assembly has consulted those persons appearing to it to represent interests with which these Regulations are concerned as it considered appropriate.

Title, commencement and application

1

The title of these Regulations is the Mutilations (Permitted Procedures) (Wales) Regulations 2007. They apply in relation to Wales and come into force on 28 March 2007.

Interpretation

2

In these Regulations—

• “the Act” (“y Ddeddf”) means the Animal Welfare Act 2006;

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

• “conventionally reared meat chicken” (“iâr fwyta a fegir yn gonfensiynol”) 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 poultry meat);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;

• “desnooding” (“torri crogrib”) means removal of a turkey's snood;

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

• “domestic fowl” (“ffowlyn domestig”) means a domesticated member of the species gallus gallus;

• “dubbing” (“torri crib”) means removal of the comb of a domestic fowl;

• “farmed” (“a ffermir”) means an animal bred or kept for the production of food, wool or skin or for other farming purposes;

• “horses” (“ceffylau”) includes ponies, asses, donkeys, jennets and mules;

• “in velvet” (“yn bwrw eu melfed”) 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” (“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;

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

• “prohibited procedure” (“triniaeth waharddedig”) means a procedure which involves interference with the sensitive tissues or bone structure of an animal, otherwise than for the purpose of its medical treatment;

• “suitable instrument” (“offeryn addas”) 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.

Exceptions to the prohibition on mutilations

3

Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing that the procedure is carried out—

• (a) in accordance with any relevant requirement in Schedules 2 to 9;

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

• (c) in hygienic conditions;

• (d) in accordance with good practice; and

• (e) in accordance with regulation 5, where applicable.

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 ... animal .

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

Persons who may carry out permitted procedures

5

• (1) Any procedure permitted under regulation 3 to which the Veterinary Surgeons Act 1966 or the Veterinary Surgeons (Exemptions) Order 1962 applies, with the exception of the procedures referred to in paragraph (2), may only be carried out by a person permitted to carry it out under that legislation.

• (2) Tail docking, or castration, of pigs may only be carried out by a veterinary surgeon or, where the animal is aged not more than 7 days, by a person experienced in performing the techniques involved and who is either a person responsible for the animal or a person employed or engaged by such a person to attend to the animal.

SCHEDULE 1 — PERMITTED PROCEDURES

Cattle

Identification Procedures:

• Ear clipping.

• Ear notching.

• Ear tagging.

• Freeze branding.

• Micro-chipping.

• Tattooing.

• Other methods of identification involving a mutilation required by law.

Procedures for the Control of Reproduction:

• Castration.

• Embryo collection or transfer by a surgical method.

• Implantation of a subcutaneous contraceptive.

• Ovum transplantation, including ovum collection, by a surgical method.

• Vasectomy.

Other Management Procedures:

• Dehorning.

• Disbudding.

• Nose ringing.

• Removal of supernumerary teats.

Pigs

Birds

Sheep

Goats

Horses

Deer

Other species

SCHEDULE 2 — CATTLE: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on cattle, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

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 may only be carried out on an animal aged not more than 7 days.

Embryo collection or transfer by a surgical method

2

An anaesthetic must be administered.

Implantation of a subcutaneous contraceptive

3

The procedure may not be carried out on a farmed animal.

Ovum transplantation, including ovum collection, by a surgical method

4

An anaesthetic must be administered.

Vasectomy

5

An anaesthetic must be administered.

Dehorning

6

An anaesthetic must be administered.

Disbudding

7

The procedure may only be carried out on an animal aged not more than 6 months.

Removal of supernumerary teats

8

An anaesthetic must be administered where the animal is aged 3 months or over.

SCHEDULE 3 — PIGS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a pig, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

1

The method used must not involve the tearing of tissues.

Implantation of a subcutaneous contraceptive

2

The procedure may not be carried out on a farmed animal.

Vasectomy

3

An anaesthetic must be administered.

Nose ringing

4

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

Tail docking

5

The procedure may 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.

Tooth reduction

6

The procedure may only be carried out on an animal that is aged not more than 7 days.

Tusk trimming

7

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

SCHEDULE 4 — BIRDS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a bird, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

1

The procedure may not be carried out on farmed birds.

Implantation of a subcutaneous contraceptive

2

The procedure may not be carried out on farmed birds.

Ovidectomy

3

The procedure may not be carried out on farmed birds.

Vasectomy

4

The procedure may not be carried out on farmed birds.

Beak trimming of poultry

5

• (1) For all poultry, the beak trimming procedure must be performed using a suitable instrument.

• (2) For all poultry, any subsequent haemorrhage from the beak must be arrested by cauterisation.

• (3) For all poultry the procedure must be performed on—

• (a) both the upper and lower beaks, with not more than one third of each removed, or

• (b) the upper beak only, with not more than one third removed.

• (4) For laying hens and chicks that are intended to become laying hens, which are kept on establishments with 350 or more such birds, beak trimming—

• (a) may only be performed in order to prevent feather pecking or cannibalism;

• (b) may only be carried out using infra-red technology;

• (c) may not be performed on birds which are aged 10 days or over; and

• (d) must be carried out by a person who has been provided with suitable and sufficient information, instruction and training so that they are qualified to perform the procedure.

• (5) Sub-paragraphs (4)(b) and (c) do not apply where the procedure is carried out in an emergency in order to control an outbreak of feather pecking or cannibalism.

• (6) For conventionally reared meat chickens the procedure—

• (a) may only be performed in order to prevent feather pecking and cannibalism;

• (b) may not be performed on birds which are aged 10 days or over;

• (c) must be carried out by a person who has been provided with suitable and sufficient information, instruction and training so that they are qualified to perform the procedure; and

• (d) must only be carried out following a consultation with and on the advice of a veterinarian.

Desnooding

6

Where the turkey is aged not more than 21 days, the procedure may be carried out either by manual pinching-out or with a suitable instrument.

De-toeing of domestic fowl and turkeys

7

The procedure may not be carried out on a bird that is aged 3 days or over unless a veterinary surgeon considers that it is necessary that it be carried out.

Dubbing

8

The procedure may not be carried out on a bird that is aged 3 days or over unless a veterinary surgeon considers that it is necessary that it be carried out.

Laparoscopy

9

An anaesthetic must be administered.

Wing pinioning

10

The procedure may not be carried out on farmed birds.

SCHEDULE 5 — SHEEP: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a sheep, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

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 may only be carried out on an animal aged not more than 7 days.

Implantation of a subcutaneous contraceptive

2

The procedure may not be carried out on a farmed animal.

Vasectomy

3

An anaesthetic must be administered.

Dehorning

4

An anaesthetic must be administered.

Tail docking

5

In all cases, enough of the tail must be retained to cover the vulva of a female animal or the anus of a male animal.

SCHEDULE 6 — GOATS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a goat, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

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 may only be carried out on an animal aged not more than 7 days.

Implantation of a subcutaneous contraceptive

2

The procedure may not be carried out on a farmed animal.

Vasectomy

3

An anaesthetic must be administered.

Dehorning

4

An anaesthetic must be administered.

SCHEDULE 7 — HORSES: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a horse, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

1

An anaesthetic must be administered.

Vasectomy

2

An anaesthetic must be administered.

SCHEDULE 8 — DEER: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a deer, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Castration

1

An anaesthetic must be administered.

Implantation of a subcutaneous contraceptive

2

The procedure may not be carried out on farmed deer.

Vasectomy

3

An anaesthetic must be administered.

Removal of antlers that are not in velvet

4

The procedure may only be carried out on farmed deer or deer that are kept on land in the same manner as if they were farmed deer.

SCHEDULE 9 — OTHER SPECIES: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on an animal other than one dealt with in any of Schedules 2 to 8, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

Ear tipping of feral cats

1

An anaesthetic must be administered.

Castration

2

An anaesthetic must be administered.

Embryo collection or transfer by a surgical method

3

The procedure may only be carried out as part of a conservation breeding programme.

Implantation of a subcutaneous contraceptive

4

The procedure may not be carried out on a farmed animal.

Ovum transplantation, including ovum collection, by a surgical method

5

The procedure may only be carried out as part of a conservation breeding programme.

Spaying

6

An anaesthetic must be administered.

Vasectomy

7

An anaesthetic must be administered.

Laparoscopy

8

Where the animal on which the procedure is to be performed is not a reptile, the procedure may only be carried out as part of a conservation breeding programme.

Removal of the dew claws of dogs

9

An anaesthetic must be administered except where the dog is a puppy whose eyes have not yet opened.

Removal of fish scales

10

The procedure may only be carried out for the purposes of age determination.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2007-03-27

Explanatory note

(This note is not part of the Regulations)

Footnotes