The Welfare of Farmed Animals (Scotland) Regulations 2010

Regulation 6(1)(a) and (2)

SCHEDULE 2 S ADDITIONAL CONDITIONS THAT APPLY TO THE KEEPING OF CONVENTIONALLY REARED MEAT CHICKENS

PART 1 S Interpretation

Interpretation S

1.  In this Schedule—

“chicken” means a conventionally reared meat chicken;

“cumulative daily mortality rate” means the sum of daily mortality rates;

“daily mortality rate” means the number of chickens which have died in a house on the same day including those that have been culled either because of disease or because of other reasons, divided by the number of chickens present in the house on that day, multiplied by 100;

[F1 “flock” means a group of chickens which are placed in a house of a holding and are present in this house at the same time;]

“food business operator” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(1);

“holding” means a production site on which chickens are kept;

“house” means a building on a holding where a flock of chickens is kept;

“keeper” means any person responsible for or in charge of chickens in terms of contract or by law whether on a permanent or temporary basis;

“litter” means any material which is dry and friable on the surface and enables the chickens to satisfy their ethological needs;

“official veterinarian” has the same meaning as it has in [F2 Regulation (EU) 2017/625];

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(2) [F3 , as last [F4 relevantly] amended by Commission Regulation (EU) 218/2014]F5 ;

F6 ... 

[F7 “Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products F8 ;]

“stocking density” means the total live weight of chickens which are present in a house at the same time per m² of usable area;

“usable area” means a littered area accessible to the chickens at any time; and

“working day” means a day other than a Saturday or a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971(3).

Textual Amendments

F1 Words in sch. 2 para. 1 inserted (31.12.2020) by The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/34), regs. 1, 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in sch. 2 para. 1 substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 22(2)(a)(i)

F3 Words in sch. 2 para. 1 inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 36(a)

F4 Word in sch. 2 para. 1 inserted (1.7.2019) by The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/175), regs. 1(1)(a), 7(a)

F5 OJ L 69, 8.3.2014, p. 95.

F6 Words in sch. 2 para. 1 omitted (14.12.2019) by virtue of The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 22(2)(a)(ii)

F7 Words in sch. 2 para. 1 inserted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 22(2)(a)(iii)

F8 OJ No L 95, 7.04.2017, p. 1.

Commencement Information

I1 Sch. 2 para. 1 in force at 5.11.2010, see reg. 1

PART 2 S General additional conditions

Training S

2.—(1) A keeper must hold—

[F9 (a) a certificate recognised by the Scottish Ministers as evidence that a keeper of chickens has completed sufficient training in the matters specified in sub-paragraph (1A);]

(b) written confirmation from the Scottish Ministers that the keeper’s experience is deemed to be equivalent to the certificate described in sub-paragraph (1)(a).

[F10 (1A) The specified matters are—

(a) the requirements of these Regulations;

(b) physiology, in particular drinking and feeding needs, animal behaviour, and the concept of stress;

(c) the practical aspects of the careful handling of chickens, and catching, loading and transport;

(d) emergency care for chickens, emergency killing and culling; and

(e) preventative biosecurity measures.]

(2) The Scottish Ministers must publish from time to time, in such a way as they consider appropriate, a list of certificates recognised by them for the purposes of sub-paragraph (1).

Textual Amendments

F9 Sch. 2 para. 2(1)(a) substituted (31.12.2020) by The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/34), regs. 1, 5(6)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Sch. 2 para. 2(1A) inserted (31.12.2020) by The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/34), regs. 1, 5(6)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I2 Sch. 2 para. 2 in force at 5.11.2010, see reg. 1

Notification of stocking density S

3.—(1) A keeper must ensure that the Scottish Ministers are notified of the intended stocking density of each house where it is intended to keep chickens at a density of greater than 33 kilograms per m² of usable area, and of any subsequent change to that notified density.

(2) Notification must be made in such manner and form as the Scottish Ministers may require.

(3) Notification (including notification of any change) must be given at least 15 working days before stocking at that density or changed density takes place.

Commencement Information

I3 Sch. 2 para. 3 in force at 5.11.2010, see reg. 1

Stocking density limits S

4.—(1) Unless sub-paragraph (2) applies, the stocking density must not exceed 33 kilograms per m² of usable area.

(2) A stocking density in excess of 33 kilograms and up to 39 kilograms per m² of usable area may be used if the requirements of paragraph 5 are complied with.

Commencement Information

I4 Sch. 2 para. 4 in force at 5.11.2010, see reg. 1

Requirements for higher stocking densities S

5.  The requirements of this paragraph are that the keeper must—

(a) maintain and, on request, make available documentation in the house giving a detailed description of the production systems, including information on technical details of the house and its equipment, including—

(i) a plan of the house including the dimensions of the surfaces occupied by the chickens;

(ii) ventilation and any relevant cooling and heating system (including their location), and a ventilation plan, detailing target air quality parameters (such as airflow, air speed and temperature);

(iii) feeding and watering systems (and their location);

(iv) alarm and backup systems in the event of a failure of any equipment essential for the health and well-being of the chickens;

(v) floor type and type of litter normally used; and

(vi) records of technical inspections of the ventilation and alarm systems;

(b) keep the documentation referred to in sub-paragraph (a) updated;

(c) ensure that each house of a holding is equipped with ventilation and, if necessary, heating and cooling systems designed, constructed and operated in such a way that—

(i) the concentration of ammonia does not exceed 20 parts per million and the concentration of carbon dioxide does not exceed 3000 parts per million, when measured at the level of the chickens’ heads;

(ii) when the outside temperature measured in the shade exceeds 30ºC, the inside temperature does not exceed the outside temperature by more than 3ºC; and

(iii) when the outside temperature is below 10ºC, the average relative humidity measured inside the house during a continuous period of 48 hours does not exceed 70%.

Commencement Information

I5 Sch. 2 para. 5 in force at 5.11.2010, see reg. 1

Feed and water S

6.—(1) Drinkers must be positioned and maintained in such a way that spillage is minimised.

(2) Feed must be either continuously available or meal fed.

(3) Feed must not be withdrawn from the chickens more than 12 hours before the expected slaughter time.

Commencement Information

I6 Sch. 2 para. 6 in force at 5.11.2010, see reg. 1

Litter S

7.  All chickens must have permanent access to litter.

Commencement Information

I7 Sch. 2 para. 7 in force at 5.11.2010, see reg. 1

Ventilation and heating S

8.  Ventilation must be sufficient to avoid overheating and, in combination with heating systems, must be sufficient to remove excessive moisture.

Commencement Information

I8 Sch. 2 para. 8 in force at 5.11.2010, see reg. 1

Noise S

9.  In all houses—

(a) the sound level must be minimised; and

(b) ventilation fans, feeding machinery or other equipment must be constructed, placed, operated and maintained in such a way that they cause the least possible amount of noise.

Commencement Information

I9 Sch. 2 para. 9 in force at 5.11.2010, see reg. 1

Light S

10.—(1) All houses must have lighting with an intensity of at least 20 lux during the lighting periods, measured at bird eye level and illuminating at least 80% of the usable area.

(2) A temporary reduction from that lighting level is permitted where necessary following veterinary advice.

(3) Within 7 days from the time when the chickens are placed in the house and until 3 days before the expected time of slaughter, the lighting must follow a 24-hour rhythm and include periods of darkness lasting at least 6 hours in total, with at least one uninterrupted period of darkness of at least 4 hours, excluding dimming periods.

Commencement Information

I10 Sch. 2 para. 10 in force at 5.11.2010, see reg. 1

Inspection S

11.—(1) A keeper must ensure that all chickens kept on the holding are inspected at least twice a day.

(2) Special attention must be paid to signs indicating a reduced level of animal health or welfare.

(3) Chickens that are seriously injured or show evident signs of health disorder (including those having difficulties in walking, severe ascites or severe malformations), and are likely to suffer, must receive appropriate treatment or be culled immediately.

Commencement Information

I11 Sch. 2 para. 11 in force at 5.11.2010, see reg. 1

Cleaning and disinfection S

12.  After the final depopulation of a house and before a new flock is introduced—

(a) any part of a house, and any equipment or utensil, which has been in contact with chickens must be thoroughly cleaned and disinfected; and

(b) all litter must be removed and clean litter provided.

Commencement Information

I12 Sch. 2 para. 12 in force at 5.11.2010, see reg. 1

Record keeping S

13.—(1) The keeper must maintain, for each house in which chickens are kept, a record of—

(a) the number of chickens introduced;

(b) the usable area;

(c) the hybrid or breed of the chickens (if known);

(d) the number of chickens found dead, with an indication of the causes (if known), as well as the number of chickens culled with cause, on each inspection; and

(e) the number of chickens remaining in the flock following the removal of chickens for sale or slaughter.

(2) The record must be retained for at least 3 years.

Commencement Information

I13 Sch. 2 para. 13 in force at 5.11.2010, see reg. 1

PART 3 S Monitoring and follow-up at the slaughterhouse

Food chain information and chickens dead on arrival S

14.—(1) For the purposes of Section III (food chain information) of Annex II to Regulation 853/2004, the daily mortality rate and cumulative daily mortality rate and the hybrid or breed of chickens from a flock with a stocking density in excess of 33 kilograms per m² of usable area is treated as relevant food safety information.

(2) A food business operator operating a slaughterhouse must—

(a) under the supervision of the official veterinarian, record the number of chickens from such a flock that are dead on arrival at the slaughterhouse; and

(b) provide that information on request to the official veterinarian.

Commencement Information

I14 Sch. 2 para. 14 in force at 5.11.2010, see reg. 1

Identification of poor welfare conditions and follow-up S

15.—(1) An official veterinarian conducting controls under [F11 Regulation (EU) 2017/625] in relation to chickens must evaluate the results of the post-mortem inspection to identify possible indications of poor animal welfare conditions in the holding or house of origin.

(2) If the mortality rate of the chickens or the results of the post-mortem inspection are consistent with poor animal welfare conditions, the official veterinarian must communicate the data to the keeper of those chickens and to the Scottish Ministers without delay.

Textual Amendments

F11 Words in sch. 2 para. 15(1) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 22(2)(b)

Commencement Information

I15 Sch. 2 para. 15 in force at 5.11.2010, see reg. 1

(1)

O.J. No. L 31, 1.2.2002, p.1, last amended by Council Regulation (EC) No. 596/2009 (O.J. No. L 188, 18.7.2009, p.14).

(2)

O.J. No. L 226, 25.6.2004, p.22 (corrected version); last amended by Commission Regulation (EU) No. 558/2010 (O.J. No. L 159, 25.6.2010, p.18).

(3)

1971 c.80.