The Welfare of Farmed Animals (Amendment) Regulations (Northern Ireland) 2010

Made: 29th September 2010

Coming into operation: 29th October 2010

The Department of Agriculture and Rural Development[^f00001] makes the following Regulations in exercise of the powers conferred on it by section 2(1) of the Welfare of Animals Act (Northern Ireland) 1972[^f00002], and being a Department designated[^f00003] for the purposes of section 2(2) of the European Communities Act 1972[^f00004] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) after consultation with such persons appearing to it to represent any interests concerned as it considers appropriate.

Citation, commencement and interpretation

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• (1) These Regulations may be cited as the Welfare of Farmed Animals (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 29th October 2010.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00005] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Welfare of Farmed Animals Regulations (Northern Ireland) 2000

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The Welfare of Farmed Animals Regulations (Northern Ireland) 2000[^f00006] are amended in accordance with the following Regulations.

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• (1) -In regulation 2(1)—

• (a) after the definition of “the Community legislation”, insert—

• “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; 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 Annex V 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[^f00007]; 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[^f00008];

• (b) “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;

• (c) in the definition of “litter”, at the end, insert “and, in relation to conventionally reared meat chickens, material which is dry and friable on the surface”; and

• (d) in the definition of “usable area”—

• (i) after “means”, insert “, in relation to laying hens,”,

• (ii) at the end, insert “, and, in relation to conventionally reared meat chickens, a littered area accessible to the chickens at any time.”.

• (2) In paragraph (3A)—

• (a) after 91/630/EEC, omit “and” and insert “,”;

• (b) after 2001/88/EC, omit “and” and insert “,”;

• (c) after 2001/93/EC, insert “and in relation to conventionally reared meat chickens, Council Directive 2007/43/EC [^f00009]”.

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After regulation 5A, there shall be inserted—

(5B) (1) The owner and the keeper of conventionally reared meat chickens 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 3E.

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In Schedule 1—

• (a) in paragraph 2(3)(b), omit “and”;

• (b) at the end of 2(3)(c), omit ”.” and insert “; and”.

• (c) after sub-paragraph 2(3)(c) insert—

(d) in the case of conventionally reared meat chickens, paragraph 8 of Schedule 3E

• (d) in paragraph 7—

• (i) in sub-paragraph (b)(iii), omit “or”;

• (ii) for sub-paragraph (b) (iv) substitute—

(iv) in the case of conventionally reared meat chickens, paragraph 10 of Schedule 3E, or (v) in any other case, paragraph 2 of this Schedule.

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For Schedule 3 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

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Paragraph 9 of Schedule 3D is substituted by—

(9) (1) 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; and (e) must be carried out in accordance with the provisions of the Veterinary Surgery (Exemptions) Order 1962[^f00010]. (2) Sub-paragraphs (1)(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.

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After Schedule 3D there shall be inserted the Schedule set out in Schedule 2 to these Regulations.

SCHEDULE 1

SCHEDULE 2

Signed

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 29th September 2010.

C. McMaster — A senior officer of the Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Welfare of Farmed Animals (Northern Ireland) Regulations 2000 (S.R. 2000 No. 270) to implement Council Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production (OJ No L 182, 12.7.07, p 19).

The amendments to the Welfare of Farmed Animals (Northern Ireland) Regulations 2000 are as follows.

Regulation 2 (definitions and interpretation provision) is amended, including the insertion a definition of “conventionally reared meat chicken” (which covers chickens kept for meat production, except for those on holdings with fewer than 500 chickens or with only breeding stocks; which are on hatcheries, or which are barn reared, free range or organically-produced) (regulation 2).

Regulation 5B (additional duties on owners and keepers) is added to provide that owners and keepers of conventionally reared meat chickens are required to comply with a new Schedule 3E (regulation 4).

Schedule 1 (general conditions under which farmed animals must be kept) is amended to include provisions relating to conventionally reared meat chickens (regulation 5).

Schedule 3D has been amended to remove the date the derogation on beak trimming of poultry that are intended to become laying hens, shall end. The Regulations make further provision about the procedures which may be carried out in the case of conventionally reared meat chickens and laying hens (including chicks that are intended to become laying hens).

A new Schedule 3E is added, which sets out additional conditions that relate to conventionally reared meat chickens (regulation 6).

Regulation 13 of the Welfare of Farmed Animals Regulations (Northern Ireland) 2000 contains offences relating to the contravention of, or non-compliance with, the Regulations.

Footnotes

[^f00001]: Formerly the Department of Agriculture for Northern Ireland; seeS.I. 1999/283 (N.I. 1) Article 3(4)

[^f00002]: 1972 c.7 (N.I.) as amended by S.I. 1994/1891 (N.I.6) Articles 10 and 11

[^f00003]: S.I. 2000/2812

[^f00004]: 1972 c. 68

[^f00005]: 1954 c. 33 (N.I.)

[^f00006]: S.R. 2000 No. 270 as amended by S.R. 2002 No. 259 and S.R. 2003 No. 244

[^f00007]: O.J. No. L 157, 17.6.08, p 46, to which there are amendments and corrections not relevant to these Regualtions

[^f00008]: O.J. No. L 189, 20.7.07, p 1, as amended by Council Regulation (EC) No. 967/2008 (O.J. No. L 264, 3.10.08, p 1)

[^f00009]: O.J. No. L 182, 12.07.07, p 19

[^f00010]: S.I. 1962/2557

[^f00011]: O.J. No. L 31, 1.2.02, p 1; last amended by Regulation (EC) No 596/2009 (O.J. No. L 188, 18.7.09, p 14)

[^f00012]: O.J. No. L 226, 25.6.04, p 22; last amended by Regulation (EC) No 219/2009 (O.J. No. L 87, 31.3.09, p 109)

[^f00013]: O.J. No. L 226, 25.6.04, p 83; last amended by Regulation (EC) No 219/2009 (O.J. No. L 87, 31.3.09, p 109)

[^f00014]: 1971 c. 80 to which there is an amendment not relevant to these Regulations

[^f00015]: O.J. No. L 182, 12.7.07, p 19