The Welfare of Farmed Animals (Wales) (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales only, implement Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (O.J. L203, 03/08/1999 p.35—57).

The Regulations make the following amendments to the Welfare of Farmed Animals (Wales) Regulations 2001 (S.I. 2001/2682 (W.223)) (“the Principal Regulations”)—

• The definition of “laying hen” in the Principal Regulations is amended and new definitions for “litter”, “nest” and usable area” are inserted (regulation 2(2)).

• A new regulation 5 and Schedule 3 is inserted to apply requirements in relation to the keeping of laying hens other than in systems referred to in the new Schedules 3A, 3B, 3C and 3D to the Principal Regulations (regulations 2(4) and (7)).

• From 6th August 2002 all newly built or rebuilt non-cage systems (barns, percheries and free-range systems) must comply with the provisions set out in a new Schedule 3A inserted into the Principal Regulations. All such systems must comply with the new Schedule 3A from 1st January 2007. Schedule 3A sets minimum requirements in respect of feeding space for hens, size of drinking troughs, nest space, perches, littered area, construction of installations and stocking density.

• From 1 January 2003 new provisions will apply to the welfare of hens kept in conventional (“battery”) cages. A new Schedule 3B sets required standards in respect of cage area per hen, feeding troughs, provision of water, height of cages, construction of floors and the provision of claw shortening devices. The use of conventional cages is prohibited with effect from 1 January 2012 and no such cages may be built or brought into use from 1 January 2003.

• A new Schedule 3C is inserted which sets enhanced required standards for cage systems of rearing laying hens that will apply to all cage systems from 1 January 2012. All cage systems built or brought into service from 1 January 2003 must also comply with these enhanced standards.

• General standards applicable to all systems of rearing laying hens are set out in a new Schedule 3D to the Principal Regulations. It includes requirements in respect of inspection of hens, sound levels, provision of light, cleansing and disinfection, design of cages and a prohibition on mutilation, but permits beak trimming until 31st December 2010, under certain conditions, including compliance with the Veterinary Surgery (Exemptions) Order 1962.

A regulatory appraisal has been prepared and published on the National Assembly for Wales website (www.wales.gov.uk). Copies can also be obtained from the National Assembly for Wales, Animal Health Division, Cathays Park, Cardiff, CF10 3NQ.