Slaughter of Poultry Act 1967

1967 CHAPTER 24

An Act to provide for the humane slaughter, for certain commercial purposes, of poultry.

[10th May 1967]

Modifications etc. (not altering text)

C1 Act: functions transferred (27.12.1999) by virtue of S.I. 1999/3141, art. 2(1)(5), 3, Sch.

Commencement Information

I1 Act not in force at Royal Assent; wholly in force at 1.1.1970

1 †Provisions as to mode of slaughter, for certain commercial purposes, of turkeys and domestic fowls. E+W+S

(1) Subject to the provisions of this section, no [F1 bird to which this act applies] shall be slaughtered, . . . F2 , unless it is slaughtered instantaneously by means of decapitation or dislocation of the neck or some other method approved by the Ministers, or it is, by stunning effected by means of an instrument of a kind approved by them and in proper repair, instantaneously rendered insensible to pain until death supervenes.

(2) The foregoing subsection shall not apply to the slaughter, without the infliction of unnecessary suffering, of a bird—

(a) by the Jewish method for the food of Jews and by a Jew duly licensed for the purpose by the Rabbinical Commission referred to in Schedule 1 to [F3 the M1 Slaughterhouses Act 1974]; or

(b) by the Muslim method for the food of Muslims and by a Muslim.

[F4 (2A) Subsection (1) of this section shall not apply to the slaughter of any bird—

(a) in pursuance of powers conferred by, or by any instrument made or having effect as if made under, the M2 Animal health Act 1981;

(b) in the course of [F5 a procedure duly authorised under the Animals (Scientific Procedures) Act 1986]; or

(c) by a person registered in the register of veterinary surgeons or the supplementary veterinary register, or a person acting under his direction, where the person so registered is acting in the exercise of his profession.

(2B) The Ministers may, after consultation with such persons or bodies as seem to them representative of the interests concerned, by order approve subject to such conditions as they may think fit any method of slaughter as a method suitable for the slaughter of poultry chicks; and where poultry chicks are slaughtered without the infliction of unnecessary suffering by any method so approved and in accordance with any conditions applicable to the approval—

(a) subsection (1) of this section shall not aply to their slaughter, and

(b) nothing done in the course of their slaughter shall be taken to be done in contravention of any prohibition or restriction imposed by or under any other enactment, being a prohibition or restriction of a kind described in the order.

In this subsection “poultry chicks” means birds to which this Act applies, not being more than 72 hours old.

(2C) The power conferred by subsection (2B) of this section to make orders shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3) A person who slaughters a bird in contravention of subsection (1) of this section shall, unless he proves that by reason of an accident or other emergency the slaughter was necessary for preventing physical injury or suffering to any person or animal, be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F6 level 3 on the standard scale].

(4) This section shall apply to Scotland as if in subsection (2)(a) for the words from “Rabbinical” to [F7 “1974”] there were substituted the words “Chief Rabbi”.

Textual Amendments

F1 Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 1(2)

F2 Words “for purposes of preparation for sale for human consumption” repealed with (temp.) saving by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 17(4), Sch. 2

F3 Words substituted by Slaughterhouses Act 1974 (c. 3, SIF 112), Sch. 3 para. 4

F4 S. 1(2A)–(2C) inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 5(2)

F5 Words substituted by Animals (Scientific Procedures) Act 1986 (c. 14, SIF 4:5), s. 27(2), Sch. 3 para. 6

F6 Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 1(3)

F7 Words substituted by Slaughterhouses Act 1974 (c. 3, SIF 112), Sch. 3 para. 4

Modifications etc. (not altering text)

C2 Unreliable marginal note

C3 S. 1(1) excluded (temp.) by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 17(4)>

Marginal Citations

M1 1974 c. 3(112).

M2 1981 c. 22(4:4).

2 Slaughter, for certain commercial purposes, while insensible after stunning, to take place only in registered premises. E+W+S

It shall be the duty of every local authority to maintain for the purposes of this section a register of premises situate within their area, and if, in premises so situate that are not registered in that register, a [F8 bird to which this Act applies] is slaughtered, . . . F9 , having been, by stunning effected as mentioned in section 1(1) above, instantaneously rendered insensible to pain until death supervened, the occupier of the premises shall be guilty of an offence, and liable, on summary conviction, to a fine not exceeding [F10 level 2 on the standard scale].

[F11 (2) It is a defence to a charge of committing an offence under this section to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.]

Textual Amendments

F8 Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 1(4)(a)

F9 Words repealed by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 2

F10 Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 paras. 1(4)(c), 2

F11 S. 2(2) inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 1(4)

[F12 3 Regulations for securing humane conditions of slaughter. E+W+S

(1) The Ministers may make regulations for the purpose of securing humane conditions and practices in connection with the slaughter of birds to which this Act applies.

(2) The regulations may—

(a) specify conditions to be observed in connection with the confinement and treatment of any such birds while awaiting slaughter and in connection with the slaughter or any such birds;

(b) prohibit the slaughter of any such birds or any activity connected with their slaughter—

(i) on premises to which the regulations apply, or

(ii) by methods or in circumstances of any description specified in the regulations,

except under and in accordance with the terms of a licence under the regulations;

(c) require occupiers of premises to which the regulations apply to secure that the provisions of the regulations are complied with on the premises;

(d) make different provision for different cases;

(e) provide, in the case of any contravention of any provision of the regulations, for the creation of offences and their punishment on summary conviction with a fine of an amount not exceeding that specified in the regulations.

(3) The regulations may include provision in respect of—

(a) the granting, modification, suspension and revocation of licences by local authorities and, in connection with those matters, the charging of such reasonable fees as the authority concerned may determine;

(b) the requirements to be satisfied for the granting of licences and the conditions to which they are to be subject; and

(c) the duration of licences.

(4) The amount that may be specified under subsection (2)(e) of this section is an amount not exceeding level 3 on the standard scale.

(5) Subsections (2) and (3) of this section are without prejudice to the generality of subsection (1) of this section.

(6) The Ministers shall, before making any regulations under this section, consult with such persons or bodies as seem to them representative of the interests concerned.

(7) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Subordinate Legislation Made

P1 S. 3: s. 3 (with s. 6(2)) power exercised by S.I.1991/1676.

S. 3: for previous exercises of this power see Index to Government Orders

Textual Amendments

F12 S. 3 substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 6

[F13 3A (1) The Ministers may from time to time after consultation with such persons or bodies as seem to them representative of the interests concerned—

(a) prepare and issue codes of practice for the purpose of providing practical guidance in respect of any provision of this Act or regulations under it; and

(b) revise any such code by revoking, varying, amending or adding to the provisions of the code.

(2) A code prepared in pursuance of this section and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament, and the Ministers shall not issue the code or revised code, as the case may be, until after the end of the period of 40 days beginning with the day on which the code or the proposed alterations were so laid.

(3) If, within the period mentioned in subsection (2) of this section, either House resolves that the code be not issued or the proposed alterations be not made, as the case may be, the Ministers shall not issue the code or revised code (without prejudice to their power under that subsection to lay further codes or proposed alterations before Parliament).

(4) For the purposes of subsection (2) of this section—

(a) where a code or proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day on which the code or the proposed alterations, as they case may be, were laid before both Houses; and

(b) in reckoning any period of 40 days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) The Ministers shall cause any code issued or revised under this section to be printed and distributed, and may make such arrangements as they think fit for its distribution, including causing copies of it to be put on sale to the public at such reasonable price as the Ministers may determine.

(6) A failure on the part of any person to follow any guidance contained in a code issued under this section shall not of itself render that person liable to proceedings of any kind.

(7) If, in proceedings against any person for an offence consisting of the contravention of any provision of this Act or of regulations under it, it is shown that, at any material time, he failed to follow any guidance contained in a code issued under this section, being guidance which was relevant to the provision concerned, that failure may be relied on by the prosecution as tending to establish his guilt.]

Textual Amendments

F13 S. 3A inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 7

[F14 4 Power of entry. E+W+S

(1) Where the power conferred by this subsection is exercisable in relation to any premises to which regulations under section 3 of this Act apply, a person authorised in that behalf by the Minister of Agriculture, Fisheries and Food or the Secretary of State or by the local authority within whose area the premises are situated may enter the premises for the purpose of ascertaining whether there is, or has been, on those premises any contravention of any provision of this Act or of any regulations made or code of practice issued under it.

(2) Where it is, or appears to the person so authorised to be, the case that the slaughter of birds to which this Act applies is in progress on the premises, the power conferred by subsection (1) of this section is exercisable at any time.

(3) Where it is, or appears to the person so authorised to be, the case that—

(a) the slaughter of such birds has within 48 hours been in progress on the premises, or

(b) such birds are on the premises for the purpose of their being slaughtered,

the power conferred by subsection (1) of this section is exercisable at all reasonable hours.

(4) A person who intentionally obstructs a person in the exercise of his powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.]

Textual Amendments

F14 S. 4 substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 8

5 Offences by corporations. E+W+S

Where a body corporate is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

[F15 6 Execution and enforcement. E+W+S

(1) Every local authority shall execute and enforce in their area the provisions of this Act and of regulations under section 3 of this Act.

(2) In particular, every local authority shall, for the purpose of securing the execution of those provisions, make arrangements for the surpervision by persons having such qualifications as may be specified in the regulations of any premises in their area to which the regulations apply.

(3) Arrangements under subsection (2) of this section shall comply with such directions as the Ministers may give from time to time.

(4) This section does not authorise a local authority in Scotland to institute proceedings for any offence.]

Subordinate Legislation Made

P2 S. 6(2): s. 3 (with s. 6(2)) power exercised by S.I. 1991/1676.

Textual Amendments

F15 S. 6 substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 9

7 Power to extend Act to birds other than turkeys and domestic fowls. E+W+S

(1) The Ministers may, after consultation with such persons or bodies as seem to them representative of the interests concerned, by order extend this Act (subject to such, if any, exceptions, adaptations and modifications as may be specified in the order) to the slaughter, . . . F16 of birds of any kind kept in captivity . . . F16

(2) An order under this section may be varied or revoked by a subsequent order thereunder made by the Ministers.

(3) The powers conferred by this section shall be exercisable by statutory instrument, and no order shall be made under this section unless a draft thereof has been laid before Parliament and has been approved by resolution of each House of Parliament.

Textual Amendments

F16 Words repealed by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 2

8 Interpretation. E+W+S

In this Act—

• [F17 “contravention” includes failure to comply]

• “local authority” means, as respects England and Wales, the council of . . . F18 , a London borough or [F19 district] or the Common Council of the City of London and, as respects Scotland, [F20 an islands or district council];

• “the Ministers” means the Minister of Agriculture, Fisheries and Food and [F21 the Secretary of State for Scotland and the Secretary of State for Wales] acting jointly.

• [F22 F23 . . .

(2) This Act applies to turkeys kept in captivity and domestic fowls, guinea fowls, ducks, geese and quails to kept; and reference in this Act to birds to which this Act applies shall be construed in accordance with this subsection and any order under section 7 above.]

Textual Amendments

F17 Definition inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 1(6)(a)

F18 Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

F19 Word substituted by virtue of Local Government Act 1972 (c. 70, SIF 81:1), s. 179(3)

F20 Words substituted by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), Sch. 27 Pt. II para. 167

F21 Words substituted by S.I. 1978/272, Sch. 5 para. 1

F22 Words inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), Sch. 1 para. 1(6)(b)

F23 S. 8(1): the definition of "the standard scale" repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group2.

9 Short title, extent and commencement. E+W+S

(1) This Act may be cited as the Slaughter of Poultry Act 1967.

(2) This Act shall not extend to Northern Ireland.

(3) This Act shall come into force on such day as the Ministers may by order, made by statutory instrument, appoint, and different days may be appointed for the purposes of different provisions of this Act.

Modifications etc. (not altering text)

C4 1.1.1970 appointed under s. 9(3) by S.I. 1969/1096