2007 No. 1029 (W.96)
The Mutilations (Permitted Procedures) (Wales) Regulations 2007
Made
Coming into force
The National Assembly for Wales being, in relation to Wales, the appropriate national authority for the purpose of exercising the powers conferred by section 5(4) of the Animal Welfare Act 20061,makes the following Regulations in exercise of those powers.
In accordance with section 5(5) of that Act, the Assembly has consulted those persons appearing to it to represent interests with which these Regulations are concerned as it considered appropriate.
Title, commencement and application1
The title of these Regulations is the Mutilations (Permitted Procedures) (Wales) Regulations 2007. They apply in relation to Wales and come into force on 28 March 2007.
Interpretation2
In these Regulations—
“the Act” (“y Ddeddf”) means the Animal Welfare Act 2006;
“cattle” (“gwartheg”) means all animals of the bovine species including bison and buffalo;
“desnooding” (“torri crogrib”) means removal of a turkey’s snood;
“disbudding” (“dadimpio”) means removal of the horn bud of cattle, goats or sheep;
“domestic fowl” (“ffowlyn domestig”) means a domesticated member of the species gallus gallus;
“dubbing” (“torri crib”) means removal of the comb of a domestic fowl;
“farmed” (“a ffermir”) means an animal bred or kept for the production of food, wool or skin or for other farming purposes;
“horses” (“ceffylau”) includes ponies, asses, donkeys, jennets and mules;
“in velvet” (“yn bwrw eu melfed”) 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” (“iâr ddodwy”) means a hen of the species Gallus gallus which has reached laying maturity and is kept for production of eggs not intended for hatching;
“poultry” (“dofednod”) means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;
“prohibited procedure” (“triniaeth waharddedig”) means a procedure which involves interference with the sensitive tissues or bone structure of an animal, otherwise than for the purpose of its medical treatment;
“suitable instrument” (“offeryn addas”) 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.
Exceptions to the prohibition on mutilations3
Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing that the procedure is carried out—
a
in accordance with any relevant requirement in Schedules 2 to 9;
b
in such a way as to minimise the pain and suffering it causes to the animal;
c
in hygienic conditions; and
d
in accordance with good practice.
Performance of prohibited procedures in an emergency4
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 animal2.
2
Any procedure carried out under paragraph (1) must be carried out in accordance with regulation 3, so far as this is practicable in all of the circumstances.
Persons who may carry out permitted procedures5
1
2
The restriction in paragraph (1) does not apply to—
a
tail docking, or
b
castration
of pigs aged not more than 7 days.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19985.
SCHEDULE 1PERMITTED PROCEDURES
Cattle
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Freeze branding.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Embryo collection or transfer by a surgical method.
Implantation of a subcutaneous contraceptive.
Ovum transplantation, including ovum collection, by a surgical method.
Vasectomy.
Other Management Procedures:
Dehorning.
Disbudding.
Nose ringing.
Removal of supernumerary teats.
Pigs
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Nose ringing.
Tail docking.
Tooth reduction.
Tusk trimming.
Birds
Identification Procedures:
Micro-chipping.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Ovidectomy.
Vasectomy.
Other Management Procedures:
Beak trimming of poultry.
Desnooding.
De-toeing of domestic fowl and turkeys.
Dubbing.
Laparoscopy.
Wing pinioning.
Sheep
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Dehorning.
Disbudding.
Removal of the insensitive tip of the horn.
Tail docking.
Goats
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Dehorning.
Disbudding.
Removal of the insensitive tip of the horn.
Horses
Identification Procedures:
Freeze branding.
Hot branding.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Vasectomy.
Deer
Identification Procedures:
Ear clipping.
Ear notching.
Ear tagging.
Micro-chipping.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Implantation of a subcutaneous contraceptive.
Vasectomy.
Other Management Procedures:
Removal of antlers that are not in velvet.
Other species
Identification Procedures:
Ear clipping.
Ear notching.
Ear tipping of feral cats.
Insertion of subcutaneous tracking devices.
Tagging.
Chemical branding of fish.
Freeze branding of fish.
Micro-chipping.
Removal or perforation of parts of fishes' fins, adipose fins or fin rays.
Tattooing.
Other methods of identification involving a mutilation required by law.
Procedures for the Control of Reproduction:
Castration.
Embryo collection or transfer by a surgical method.
Implantation of a subcutaneous contraceptive.
Ovum transplantation, including ovum collection, by a surgical method.
Spaying.
Vasectomy.
Other Management Procedures:
Laparoscopy.
Removal of the dew claws of dogs.
Removal of fish scales.
SCHEDULE 2CATTLE: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on cattle, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
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 may only be carried out on an animal aged not more than 7 days.
When any other method is used, an anaesthetic must be administered where the animal is aged 2 months or over.
Embryo collection or transfer by a surgical method2
An anaesthetic must be administered.
Implantation of a subcutaneous contraceptive3
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
Ovum transplantation, including ovum collection, by a surgical method4
An anaesthetic must be administered.
Vasectomy5
An anaesthetic must be administered.
Dehorning6
An anaesthetic must be administered.
Disbudding7
The procedure may only be carried out on an animal aged not more than 6 months.
When the method used is chemical cauterisation, the procedure may only be carried out on an animal aged not more than 7 days.
When any other method is used an anaesthetic must be administered.
Removal of supernumerary teats8
An anaesthetic must be administered where the animal is aged 3 months or over.
SCHEDULE 3PIGS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a pig, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
The method used must not involve the tearing of tissues.
An anaesthetic and additional prolonged analgesia must be administered where the animal is aged 7 days or over.
Implantation of a subcutaneous contraceptive2
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
Vasectomy3
An anaesthetic must be administered.
Nose ringing4
The procedure may only be carried out on an animal that is not kept continuously in an indoor husbandry system.
Tail docking5
The procedure may 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.
The method used must involve quick and complete severance of the tail.
An anaesthetic and additional prolonged analgesia must be administered where the animal is aged 7 days or over.
Tooth reduction6
The procedure may only be carried out on an animal that is aged not more than 7 days.
The procedure must consist only of the uniform reduction of the corner teeth by either grinding or clipping so as to leave an intact smooth surface.
The procedure may 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.
Tusk trimming7
The procedure may only be carried out where there is evidence to show that it is necessary to prevent injury to other animals or for safety reasons.
SCHEDULE 4BIRDS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a bird, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
The procedure may not be carried out on farmed birds.
The procedure may only be carried out as part of a conservation breeding programme.
An anaesthetic must be administered.
Implantation of a subcutaneous contraceptive2
The procedure may not be carried out on farmed birds.
The procedure may only be carried out as part of a conservation breeding programme.
Ovidectomy3
The procedure may not be carried out on farmed birds.
The procedure may only be carried out as part of a conservation breeding programme.
An anaesthetic must be administered.
Vasectomy4
The procedure may not be carried out on farmed birds.
The procedure may only be carried out as part of a conservation breeding programme.
An anaesthetic must be administered.
Beak trimming of poultry5
The procedure must be performed using a suitable instrument, and 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.
Any subsequent haemorrhage from the beak must be arrested by cauterisation.
On poultry that are intended to become laying hens and which are kept on establishments with 350 or more laying hens, the procedure—
- i
may only be carried out in order to prevent feather pecking or cannibalism;
- ii
may only be carried out before 1st January 2011;
- iii
may not be performed on poultry that are intended to become laying hens (or which are laying hens) and which are aged 10 days or over.
- i
Desnooding6
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.
De-toeing of domestic fowl and turkeys7
The procedure may not be carried out on a bird that is aged 3 days or over unless a veterinary surgeon considers that it is necessary that it be carried out.
An anaesthetic must be administered where the bird is aged 3 days or over.
Dubbing8
The procedure may not be carried out on a bird that is aged 3 days or over unless a veterinary surgeon considers that it is necessary that it be carried out.
An anaesthetic must be administered where the bird is aged 3 days or over.
Laparoscopy9
An anaesthetic must be administered.
Wing pinioning10
The procedure may not be carried out on farmed birds.
An anaesthetic must be administered where the bird is aged 10 days or over.
SCHEDULE 5SHEEP: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a sheep, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
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 may only be carried out on an animal aged not more than 7 days.
When any other method is used, an anaesthetic must be administered where the animal is aged 3 months or over.
Implantation of a subcutaneous contraceptive2
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
Vasectomy3
An anaesthetic must be administered.
Dehorning4
An anaesthetic must be administered.
Tail docking5
In all cases, enough of the tail must be retained to cover the vulva of a female animal or the anus of a male animal.
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 may only be carried out on an animal aged not more than 7 days.
When any other method is used an anaesthetic must be administered.
SCHEDULE 6GOATS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a goat, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
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 may only be carried out on an animal aged not more than 7 days.
When any other method is used, an anaesthetic must be administered where the animal is aged 2 months or over.
Implantation of a subcutaneous contraceptive2
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
Vasectomy3
An anaesthetic must be administered.
Dehorning4
An anaesthetic must be administered.
SCHEDULE 7HORSES: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a horse, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
An anaesthetic must be administered.
Vasectomy2
An anaesthetic must be administered.
SCHEDULE 8DEER: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on a deer, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Castration1
An anaesthetic must be administered.
Implantation of a subcutaneous contraceptive2
The procedure may not be carried out on farmed deer.
The procedure may only be carried out as part of a conservation breeding programme.
Vasectomy3
An anaesthetic must be administered.
Removal of antlers that are not in velvet4
The procedure may only be carried out on farmed deer or deer that are kept on land in the same manner as if they were farmed deer.
Only the non-sensitive part of the antler may be removed.
SCHEDULE 9OTHER SPECIES: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES
When carried out on an animal other than one dealt with in any of Schedules 2 to 8, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.
Ear tipping of feral cats1
An anaesthetic must be administered.
Castration2
An anaesthetic must be administered.
Embryo collection or transfer by a surgical method3
The procedure may only be carried out as part of a conservation breeding programme.
An anaesthetic must be administered.
Implantation of a subcutaneous contraceptive4
The procedure may not be carried out on a farmed animal.
The procedure may only be carried out as part of a conservation breeding programme.
Ovum transplantation, including ovum collection, by a surgical method5
The procedure may only be carried out as part of a conservation breeding programme.
An anaesthetic must be administered.
Spaying6
An anaesthetic must be administered.
Vasectomy7
An anaesthetic must be administered.
Laparoscopy8
Where the animal on which the procedure is to be performed is not a reptile, the procedure may only be carried out as part of a conservation breeding programme.
In either case, an anaesthetic must be administered.
Removal of the dew claws of dogs9
An anaesthetic must be administered except where the dog is a puppy whose eyes have not yet opened.
Removal of fish scales10
The procedure may only be carried out for the purposes of age determination.
(This note is not part of the Regulations)