The Welfare of Farmed Animals (England) (Amendment) Regulations 2010

Citation and commencement

1.  These Regulations may be cited as the Welfare of Farmed Animals (England) (Amendment) Regulations 2010; they come into force on the day after the day on which they are made.

Amendment of the Welfare of Farmed Animals (England) Regulations 2007

2.  The Welfare of Farmed Animals (England) Regulations 2007(1) are amended in accordance with regulations 3 to 8.

Amendment of regulation 2 (definitions and interpretation)

3.—(1) In regulation 2(1)—

(a) after the definition of “calf”, insert—

““conventionally reared meat chicken” means an animal of the species Gallus gallus that is kept for meat production, other than one—

(a)

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

(b)

that is on a hatchery;

(c)

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(2); or

(d)

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(3);

“food business operator” has the meaning given by Article 3 of 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(4);”;

(b) in the definition of “litter” after the words “laying hens” insert “and conventionally reared meat chickens” and replace the words “enabling the hens” with the words “enabling those birds”;

(c) after the definition of “pig” insert—

““stocking density” means, in relation to any house in which conventionally reared meat chickens are kept, the total live weight of chickens which are present in the house at the same time per m² of usable area;”; and

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

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

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

(2) In regulation 2(2) after sub-paragraph (a), insert—

“(aa) in relation to conventionally reared meat chickens, Council Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production(5).”.

Amendment of regulation 5 (additional duties on persons responsible for poultry, laying hens, calves, cattle, pigs or rabbits)

4.—(1) In regulation 5(1)(a), after “Schedules 2 to 4”, insert “and conventionally reared meat chickens”.

(2) In regulation 5(1), after sub-paragraph (b) insert—

“(ba) conventionally reared meat chickens must comply with Part 2 of Schedule 5A,”.

(3) After regulation 5(3), insert—

“(4) Part 1 of Schedule 5A has effect.”.

Insertion of regulation 5A

5.  After regulation 5 insert—

“Monitoring and follow-up at the slaughterhouse

5A.   Part 3 of Schedule 5A has effect.”.

Amendment of regulation 7 (offences)

6.—(1) In regulation 7 renumber the existing provision as paragraph (1).

(2) After paragraph (1) (as so renumbered) add—

“(2) A food business operator who, without lawful authority or excuse, fails to comply with a duty in paragraph 14(2) of Schedule 5A, commits an offence.”

Amendment of Schedule 1 (general conditions under which farmed animals must be kept)

7.  In Schedule 1—

(a) in paragraph 2(3) after paragraph (a) insert—

“(aa) in the case of conventionally reared meat chickens, paragraph 11(1) and (2) of Schedule 5A;”;

(b) in paragraph 5, before “Any animals” insert “Without prejudice to paragraph 11(3) of Schedule 5A”;

(c) in paragraph 7—

(i) in sub-paragraph (b)(ii), omit “or” the second time it occurs;

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

(iii) after sub-paragraph (b)(iii), insert—

“(iiia) in the case of conventionally reared meat chickens, paragraph 11(1) and (2) of Schedule 5A; or”.

Insertion of Schedule 5A (additional conditions that apply in relation to conventionally reared meat chickens)

8.  After Schedule 5 to the Welfare of Farmed Animals (England) Regulations 2007, insert the Schedule set out in the Schedule to these Regulations.

Henley

Parliamentary Under-Secretary

Department for Environment, Food and Rural Affairs

22nd December 2010