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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2012, ISBN 9780337986765

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Assembly under Section 55(1) of the Welfare of Animals Act (Northern Ireland) 2011, for approval

Animals

Animal Welfare

Made 2012

Coming into operation 2012

The Department of Agriculture and Rural Development, in exercise of the powers conferred by section 5(5)(a)(iv) of the Welfare of Animals Act (Northern Ireland) 2011f1, makes the following Regulations.

In accordance with section 5(6) of that Act, the Department of Agriculture and Rural Development has consulted those persons appearing to represent interests with which these Regulations are concerned as are considered appropriate.

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.

Annotations to the whole text

Footnotes

f1

2011 c.16 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Requirements when carrying out a permitted procedure
  4. 4Performance of prohibited procedures in an emergency
  5. 5Sampling
  6. 6Repeals
  7. Signature
  8. Schedule 1: CATTLE
  9. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to cattle
  10. 1Identification procedures
  11. 2Procedures for the control of reproduction
  12. 3Other management procedures
  13. Part II: Part II specifies any additional conditions for a procedure
  14. 4Castration
  15. 5Embryo collection or transfer by a non-surgical method
  16. 6Implantation of a subcutaneous contraceptive
  17. 7Ovum transplantation, including ovum collection by a non-surgical method
  18. 8Dehorning
  19. 9Disbudding
  20. 10Removal of supernumerary teats
  21. Schedule 2: PIGS
  22. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to pigs
  23. 1Identification procedures
  24. 2Procedures for the control of reproduction
  25. 3Other management procedures
  26. Part II: Part II specifies any additional conditions for a procedure
  27. 4Castration
  28. 5Implantation of a subcutaneous contraceptive
  29. 6Nose ringing
  30. 7Tail docking
  31. 8Tooth reduction
  32. 9Tusk trimming
  33. Schedule 3: SHEEP
  34. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to sheep
  35. 1Identification procedures
  36. 2Procedures for the control of reproduction
  37. 3Other management procedures
  38. Part II: Part II specifies any additional conditions for a procedure
  39. 4Castration
  40. 5Implantation of a subcutaneous contraceptive
  41. 6Implantation of a subcutaneous hormone
  42. 7Tail docking
  43. Schedule 4: GOATS
  44. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to goats
  45. 1Identification procedures
  46. 2Procedures for the control of reproduction
  47. 3Other management procedures
  48. Part II: Part II specifies any additional conditions for a procedure
  49. 4Castration
  50. 5Implantation of a subcutaneous contraceptive
  51. Schedule 5: HORSES
  52. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to horses
  53. 1Identification procedures
  54. 2Procedures for the control of reproduction
  55. Part II: Part II specifies any additional conditions for a procedure
  56. 3Paragraph 3
  57. Schedule 6: DEER
  58. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to deer
  59. 1Identification procedures
  60. 2Procedures for the control of reproduction
  61. Part II: Part II specifies any additional conditions for a procedure
  62. 3Implantation of a subcutaneous contraceptive
  63. Schedule 7: BIRDS
  64. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to birds
  65. 1Identification procedures
  66. 2Procedures for the control of reproduction
  67. 3Other management procedures
  68. Part II: Part II specifies any additional conditions for a procedure
  69. 4Paragraph 4
  70. 5Neck tagging
  71. 6Web notching
  72. 7Web tagging
  73. 8Wing tagging
  74. 9Castration
  75. 10Implantation of a subcutaneous contraceptive
  76. 11Beak trimming of poultry
  77. 12Desnooding
  78. 13De-toeing of domestic fowl and turkeys
  79. 14Dubbing
  80. 15Removal of the dependent portion of its wattles
  81. 16Wing pinioning
  82. Schedule 8: CATS AND DOGS
  83. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to cats and dogs
  84. 1Identification procedures
  85. 2Procedures for the control of reproduction
  86. 3Other management procedures
  87. Part II: Part II specifies any additional conditions for a procedure
  88. 4Removal of the dew claws of dogs
  89. Schedule 9: FISH
  90. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to fish
  91. 1Identification procedures
  92. 2Other management procedures
  93. Part II: Part II specifies any additional conditions for a procedure
  94. 3Removal of fish scales
  95. Schedule 10: REPTILES
  96. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to reptiles
  97. 1Identification procedures
  98. 2Procedures for the control of reproduction
  99. Part II: Part II specifies any additional conditions for a procedure
  100. 3Paragraph 3
  101. Schedule 11: ANY OTHER KIND OF ANIMAL
  102. Part I: Part I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to any other kind of animal
  103. 1Identification procedures
  104. Part II: Part II specifies any additional conditions for a procedure
  105. 2Paragraph 2
  106. Explanatory note

1Citation and commencement

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     2012.

2Interpretation

(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—

    1. (a)

      that is on a holding with fewer than 500 such animals or with only breeding stocks of such animals;

    2. (b)

      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 poultrymeatf1;

    3. (c)

      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. 2092/91f2;

  • “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 1981f3;

(b)

person undergoing instruction in accordance with paragraph 5 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1996f4;

(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 1962f5.

3Requirements when carrying out a permitted procedure

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.

4Performance of prohibited procedures in an emergency

(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.

5Sampling

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.

6Repeals

The Welfare of Livestock (Prohibited Operations) Regulations (Northern Ireland) 1987f1 is repealed.

Signature

Sealed with the Official Seal of the Department of Agriculture and Rural Development on    2012

L.S.

Name

A senior officer of the Department of Agriculture and Rural Development

1Identification procedures

(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.

2Procedures for the control of reproduction

(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.

3Other management procedures

(1)

Dehorning;

(2)

Disbudding;

(3)

Nose ringing;

(4)

Removal of supernumerary teats.

4Castration

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.

5Embryo collection or transfer by a non-surgical method

An anaesthetic shall be administered.

6Implantation of a subcutaneous contraceptive

(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.

7Ovum transplantation, including ovum collection by a non-surgical method

An anaesthetic shall be administered.

8Dehorning

An anaesthetic shall be administered.

9Disbudding

(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.

10Removal of supernumerary teats

(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.

1Identification procedures

(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.

2Procedures for the control of reproduction

(1)

Artificial insemination;

(2)

Castration;

(3)

Implantation of a subcutaneous contraceptive.

3Other management procedures

(1)

Nose ringing;

(2)

Tail docking;

(3)

Tooth reduction;

(4)

Tusk trimming.

4Castration

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

5Implantation of a subcutaneous contraceptive

(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.

6Nose ringing

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

7Tail docking

(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.

8Tooth reduction

(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.

9Tusk trimming

(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.

1Identification procedures

(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.

2Procedures for the control of reproduction

(1)

Artificial insemination;

(2)

Castration;

(3)

Implantation of a subcutaneous contraceptive;

(4)

Implantation of a subcutaneous hormone.

3Other management procedures

(1)

Disbudding;

(2)

Tail docking.

4Castration

(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.

5Implantation of a subcutaneous contraceptive

(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.

6Implantation of a subcutaneous hormone

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

7Tail docking

(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.

1Identification procedures

(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.

2Procedures for the control of reproduction

(1)

Castration;

(2)

Implantation of a subcutaneous contraceptive.

3Other management procedures

(1)

Disbudding.

4Castration

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.

5Implantation of a subcutaneous contraceptive

(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.

1Identification procedures

(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.

2Procedures for the control of reproduction

(1)

Artificial insemination;

(2)

Implantation of a subcutaneous contraceptive.

3

There are no associated requirements.

1Identification procedures

(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.

2Procedures for the control of reproduction

Implantation of a subcutaneous contraceptive.

3Implantation of a subcutaneous contraceptive

(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.

1Identification procedures

(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.

2Procedures for the control of reproduction

(1)

Castration;

(2)

Implantation of a subcutaneous contraceptive.

3Other management procedures

(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.

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.

5Neck tagging

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.

6Web notching

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.

7Web tagging

(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.

(2)

The procedure shall only be carried out on birds other than farmed birds for conservation purposes (including education and captive breeding programmes) or for research.

8Wing tagging

(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.

(2)

The procedure shall only be carried out on birds other than farmed birds for conservation purposes (including education and captive breeding programmes) or for research.

9Castration

(1)

The procedure may not be carried out on farmed birds.

(2)

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

(3)

An anaesthetic shall be administered.

(4)

The procedure must not involve surgery.

10Implantation of a subcutaneous contraceptive

(1)

The procedure may not be carried out on farmed birds.

(2)

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

11Beak trimming of poultry

(1)

For all poultry the beak trimming procedure shall be performed using a suitable instrument.

(2)

For all poultry any subsequent haemorrhage from the beak shall be arrested by cauterisation.

(3)

For all poultry the procedure shall be performed on—

(a)

both the lower and upper 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)

shall only be performed in order to prevent feather pecking or cannibalism;

(b)

shall only be carried out using infra-red technology;

(c)

shall not be performed on birds which are aged 10 days or over; and

(d)

shall 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)

shall only be performed in order to prevent feather pecking and cannibalism;

(b)

shall not be performed on birds which are aged 10 days or over;

(c)

shall 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)

shall only be carried out following a consultation and on the advice of a veterinarian.

(7)

In this part “infra-red procedure” means an automated procedure involving exposure of the tip of the beak of a chick to a focused high intensity infra-red beam designed to cause a limited area of tissue damage and subsequent loss of the beak tip.

12Desnooding

(1)

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.

(2)

The procedure may not be carried out on a bird that is aged 21 days or over.

13De-toeing of domestic fowl and turkeys

The procedure may not be carried out on a bird that is aged 72 hours or over.

14Dubbing

(1)

Dubbing shall be performed using a suitable instrument.

(2)

The procedure may not be carried out on a bird that is aged 72 hours or over.

15Removal of the dependent portion of its wattles

(1)

The removal of the dependent portion of its wattles shall be performed using a suitable instrument.

(2)

The procedure may not be carried out on a bird that is aged 72 hours or over.

16Wing pinioning

(1)

The procedure may not be carried out on farmed birds.

(2)

An anaesthetic shall be administered where the bird is aged 10 days or over.

1Identification procedures

(1)

Insertion of subcutaneous tracking devices;

(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.

2Procedures for the control of reproduction

Implantation of a subcutaneous contraceptive.

3Other management procedures

Removal of the dew claws of dogs.

4Removal of the dew claws of dogs

The procedure shall only be carried out before the pups eyes are open.

1Identification procedures

(1)

Chemical branding;

(2)

Freeze branding;

(3)

Pit tagging;

(4)

Microchipping;

(5)

Removal or perforation of parts of fishes’ fins, adipose fins or fin rays;

(6)

Externally attached tagging.

2Other management procedures

Removal of fish scales.

3Removal of fish scales

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

1Identification procedures

Microchipping.

2Procedures for the control of reproduction

Implantation of a subcutaneous contraceptive.

3

There are no associated requirements.

1Identification procedures

(1)

Microchipping;

(2)

Tattooing.

2

There are no associated requirements.

Explanatory note

(This note is not part of the Regulations)

It is an offence under section 5(1) and section 5(2) of the Welfare of Animals Act (Northern Ireland) 2011 (“the Act”) to do the following to animals protected by that Act:

(a)

carry out a prohibited procedure;

(b)

cause the carrying out of a prohibited procedure; or

(c)

in specified circumstances, permit another person to carry out a prohibited procedure.

A prohibited procedure is one which involves interference with the sensitive tissues (for example skin) or bone structure of the animal, other than a procedure carried out by a veterinary surgeon, for the diagnosis of disease, for the purpose of its medical treatment or is specified in regulations made by the Department (section 5(4) and section 5(5) of the Act).

These Regulations specify the procedures to which the offences in section 5 of the Act do not apply. Depending upon the animals to which they are to be applied, such procedures may include those for the purposes of:

(a)

identification (such as ear tagging);

(b)

the control of reproduction (such as castration); and

(c)

other purposes (such as tail docking).

For certain of these procedures, and again depending upon the animals in respect of which they are permitted, Schedules 1 to 11 apply conditions to the carrying out of the procedure (such as specifying a required age for the animal, or requiring the administration of an anaesthetic).

In respect of certain procedures permitted to be applied to pigs, these Regulations implement paragraph 8 of Chapter I of Annex I to Council Directive 2008/120/EC laying down minimum standards for the protection of pigs (O.J. No. L 47, 18.2.2009, p.5).

In respect of the beak trimming of laying hens, these Regulations implement paragraph 8 of the Annex to Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens (O.J. No. L 203, 3.8.1999, p.53), as amended by Council Regulation (EC) No. 806/2003 (O.J. No. L 122, 16.5.2003, p.1).