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Welsh Statutory Instruments

2007 No. 1029 (W.96)

ANIMALS, WALES

ANIMAL WELFARE

The Mutilations (Permitted Procedures) (Wales) Regulations 2007

Made

27 March 2007

Coming into force

28 March 2007

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 2006(1),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 application

1.  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.

Interpretation

2.  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 mutilations

3.  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 emergency

4.—(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 animal(2).

(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 procedures

5.—(1) Any procedure permitted under regulation 3 may only be carried out by a veterinary surgeon or any other person permitted to carry out that procedure under the Veterinary Surgeons Act 1966(3) or the Veterinary Surgeons (Exemptions) Order 1962(4).

(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 1998(5).

D. Elis-Thomas

The Presiding Officer of the National Assembly

27 March 2007

Regulation 3

SCHEDULE 1PERMITTED PROCEDURES

Cattle

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Pigs

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Birds

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Sheep

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Goats

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Horses

Identification Procedures:

Procedures for the Control of Reproduction:

Deer

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Other species

Identification Procedures:

Procedures for the Control of Reproduction:

Other Management Procedures:

Regulation 3

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.

Castration

1.  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 method

2.  An anaesthetic must be administered.

Implantation of a subcutaneous contraceptive

3.  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 method

4.  An anaesthetic must be administered.

Vasectomy

5.  An anaesthetic must be administered.

Dehorning

6.  An anaesthetic must be administered.

Disbudding

7.  The procedure may only be carried out on an animal aged not more than 6 months.

Removal of supernumerary teats

8.  An anaesthetic must be administered where the animal is aged 3 months or over.

Regulation 3

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.

Castration

1.  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 contraceptive

2.  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.

Vasectomy

3.  An anaesthetic must be administered.

Nose ringing

4.  The procedure may only be carried out on an animal that is not kept continuously in an indoor husbandry system.

Tail docking

5.  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.

Tooth reduction

6.  The procedure may only be carried out on an animal that is aged not more than 7 days.

Tusk trimming

7.  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.

Regulation 3

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.

Castration

1.  The procedure may not be carried out on farmed birds.

Implantation of a subcutaneous contraceptive

2.  The procedure may not be carried out on farmed birds.

The procedure may only be carried out as part of a conservation breeding programme.

Ovidectomy

3.  The procedure may not be carried out on farmed birds.

Vasectomy

4.  The procedure may not be carried out on farmed birds.

Beak trimming of poultry

5.  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.

Desnooding

6.  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 turkeys

7.  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.

Dubbing

8.  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.

Laparoscopy

9.  An anaesthetic must be administered.

Wing pinioning

10.  The procedure may not be carried out on farmed birds.

An anaesthetic must be administered where the bird is aged 10 days or over.

Regulation 3

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.

Castration

1.  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 contraceptive

2.  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.

Vasectomy

3.  An anaesthetic must be administered.

Dehorning

4.  An anaesthetic must be administered.

Tail docking

5.  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.

Regulation 3

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.

Castration

1.  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 contraceptive

2.  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.

Vasectomy

3.  An anaesthetic must be administered.

Dehorning

4.  An anaesthetic must be administered.

Regulation 3

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.

Castration

1.  An anaesthetic must be administered.

Vasectomy

2.  An anaesthetic must be administered.

Regulation 3

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.

Castration

1.  An anaesthetic must be administered.

Implantation of a subcutaneous contraceptive

2.  The procedure may not be carried out on farmed deer.

The procedure may only be carried out as part of a conservation breeding programme.

Vasectomy

3.  An anaesthetic must be administered.

Removal of antlers that are not in velvet

4.  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.

Regulation 3

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 cats

1.  An anaesthetic must be administered.

Castration

2.  An anaesthetic must be administered.

Embryo collection or transfer by a surgical method

3.  The procedure may only be carried out as part of a conservation breeding programme.

An anaesthetic must be administered.

Implantation of a subcutaneous contraceptive

4.  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 method

5.  The procedure may only be carried out as part of a conservation breeding programme.

An anaesthetic must be administered.

Spaying

6.  An anaesthetic must be administered.

Vasectomy

7.  An anaesthetic must be administered.

Laparoscopy

8.  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 dogs

9.  An anaesthetic must be administered except where the dog is a puppy whose eyes have not yet opened.

Removal of fish scales

10.  The procedure may only be carried out for the purposes of age determination.

Explanatory Note

(This note is not part of the Regulations)

It is an offence under section 5(1) and (2) of the Animal Welfare Act 2006 (c. 45) (“the Act”) to do the following to animals protected by that Act:

(a)carry out a prohibited procedure;

(b)cause the carrying out of a prohibited procedure; or

(c)in specified circumstances, permit another person to carry out a prohibited procedure .

A prohibited procedure is one which involves interference with the sensitive tissues (e.g. skin) or bone structure of the animal, otherwise than for the purpose of its medical treatment (see section 5(3) of the Act).

These Regulations specify the procedures to which the offences in section 5(1) and 5(2) do not apply. Depending upon the animals to which they are to be applied, such procedures may include those for the purposes of:

(a)identification (such as ear tagging);

(b)the control of reproduction (such as castration and vasectomy); and

(c)other purposes (such as laparoscopy) (Schedule 1).

For certain of these procedures, and again depending upon the animals in respect of which they are permitted, Schedules 2 to 9 apply restrictions to the carrying out of the procedure (such as specifying a required age for the animal, or requiring the administration of an anaesthetic).

In respect of certain procedures permitted to be applied to pigs, these Regulations implement paragraph 8 of Chapter I of the Annex to Council Directive 91/630/EEC laying down minimum standards for the protection of pigs (OJ No. L340, 11.12.1991, p.33), as amended by Council Directive 2001/88/EC (OJ No. L316, 1.12.2001, p.1), Commission Directive 2001/93/EC (OJ No. L316, 1.12.2001, p.36) and Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1). In respect of the beak trimming of laying hens, these Regulations implement paragraph 8 of the Annex to Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens (OJ No. L203, 3.8.1999, p.53), as amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1).

A regulatory appraisal has been prepared. Copies may be obtained from the Office of the Chief Veterinary Officer of the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2006 c. 45. The appropriate national authority is defined in section 62(1) of the Act.

(2)

2006 c. 45 Protected animal is defined in section 2 of the Act

(3)

1966 c. 36; relevant amending instruments are S.I. 1988/526, 1991/1412, 2002/1479.

(4)

S.I. 1962/2557; relevant amending instruments are S.I. 1982/1627, 2002/1646.