2012 No. 153
The Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012
Laid before the Assembly in draft
Made
Coming into operation
The Department of Agriculture and Rural Development, in exercise of the powers conferred by section 5(5)(a)(iv) of the Welfare of Animals Act (Northern Ireland) 20111, makes the following Regulations.
In accordance with section 5(6) of that Act, the Department of Agriculture and Rural Development has consulted those persons appearing to represent interests with which these Regulations are concerned as are considered appropriate.
In accordance with section 55(1) of that Act, a draft of this rule has been laid before the Northern Ireland Assembly and approved by a resolution of the Northern Ireland Assembly.
Citation and commencementI11
These Regulations may be cited as the Welfare of Animals (Permitted Procedures by Lay Persons) Regulations (Northern Ireland) 2012 and shall come into operation on 2nd April 2012.
InterpretationI22
1
In these Regulations—
“the Act” means the Welfare of Animals Act (Northern Ireland) 2011;
“cattle” means all animals of the bovine species including bison and buffalo;
“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
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 Regulation (EC) No. 1234/2007 as regards the marketing standards for poultrymeat2;
- c
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 F6, as last amended by Council Regulation (EU) No 517/20133;
- a
“desnooding” means removal of a turkey’s snood;
“disbudding” means removal of the horn bud of cattle, goats or sheep;
“domestic fowl” means a domesticated member of the species Gallus gallus;
“dubbing” means removal of the comb of a domestic fowl;
“farmed” means, in relation to an animal, bred or kept for the production of food, wool or skin or for other farming purposes;
“horses” means any member of the equine species including ponies, asses, donkeys, jennets and mules;
“in velvet” 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” means a hen of the species Gallus gallus which has reached laying maturity and is kept for the production of eggs not intended for hatching;
“lay person” means, in relation to a procedure listed in Schedules 1 to 11, a person who has received instruction or who is otherwise experienced in the performance of that procedure;
“poultry” means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;
“prohibited procedure” means a procedure which involves interference with the sensitive tissues or bone structure of an animal;
“protected animal” shall have the same meaning as in section 2 of the Act; and
“suitable instrument” 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.
2
In these Regulations, any reference to a lay person includes a—
a
veterinary student acting in accordance with paragraph 4 of the Schedule to the Veterinary Surgeons (Practice by Students) Regulations Order of Council 19814;
b
person undergoing instruction in accordance with paragraph 5 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 19965;
c
veterinary nurse acting in accordance with paragraph 6 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1966;
d
student veterinary nurse acting in accordance with paragraph 7 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1966;
e
registered medical practitioner or a registered dentist acting in accordance with section 19 of the Veterinary Surgeons Act 1966; and
f
person entitled to carry out a procedure listed in Schedules 1 to 11 under the Veterinary Surgeons (Exemptions) Order 19626.
Requirements when carrying out a permitted procedureI33
Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedules 1 to 11 carried out by a lay person, providing it is carried out—
a
in accordance with any relevant requirement in those Schedules;
b
in such a way as to minimise the pain and suffering it causes to the protected animal;
c
in hygienic conditions; and
d
in accordance with best practice.
Performance of prohibited procedures in an emergencyI44
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
3
A record shall be kept for 3 years detailing the circumstances and the reason for carrying out the emergency procedure.
SamplingI55
RepealsI66
The Welfare of Livestock (Prohibited Operations) Regulations (Northern Ireland) 19877 is repealed.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th March 2012
C. McMasterA senior officer of the Department of Agriculture and Rural DevelopmentSCHEDULE 1CATTLE
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to cattle
Identification proceduresI71
1
Ear notching;
2
Ear tagging;
3
Freeze branding;
4
Microchipping;
5
Tattooing;
6
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI82
1
Artificial insemination;
2
Castration;
3
Embryo collection or transfer by a non-surgical method;
4
Implantation of a subcutaneous contraceptive;
5
Ovum transplantation, including ovum collection by a non-surgical method.
Other management proceduresI93
1
Dehorning;
2
Disbudding;
3
Nose ringing;
4
Removal of supernumerary teats.
PART IIPart II specifies any additional conditions for a procedure
CastrationI104
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 shall only be carried out on an animal aged not more than 7 days or by any other means before the age of two months.
Embryo collection or transfer by a non-surgical methodI115
An anaesthetic shall be administered.
Implantation of a subcutaneous contraceptiveI126
1
The procedure may not be carried out on a farmed animal.
2
The procedure shall only be carried out as part of a conservation breeding programme.
Ovum transplantation, including ovum collection by a non-surgical methodI137
An anaesthetic shall be administered.
DehorningI148
An anaesthetic shall be administered.
DisbuddingI159
1
When the method used is chemical cauterisation, the procedure shall only be carried out on an animal aged not more than 7 days.
2
When any other method is used, such as heated iron, an anaesthetic shall be administered.
Removal of supernumerary teatsI1610
1
The procedure shall only be carried out on an animal that is aged not more than 3 months.
2
An anaesthetic shall be administered.
SCHEDULE 2PIGS
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to pigs
Identification proceduresI171
1
Ear tagging;
2
Microchipping;
3
Tattooing;
4
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI182
1
Artificial insemination;
2
Castration;
3
Implantation of a subcutaneous contraceptive.
Other management proceduresI193
1
Nose ringing;
2
Tail docking;
3
Tooth reduction;
4
Tusk trimming.
PART IIPart II specifies any additional conditions for a procedure
CastrationI204
Castration of pigs aged not more than 7 days by a method not involving the tearing of tissues.
Implantation of a subcutaneous contraceptiveI215
1
The procedure may not be carried out on a farmed animal;
2
The procedure shall only be carried out as part of a conservation breeding programme.
Nose ringingI226
The procedure shall only be carried out on an animal that is not kept continuously in an indoor husbandry system.
Tail dockingI237
1
The procedure shall 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.
2
Tail docking of pigs aged not more than 7 days may be carried out without an anaesthetic as long as there is quick and complete severance of the part of the tail to be removed.
Tooth reductionI248
1
The procedure shall 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.
2
The procedure shall only be carried out on an animal that is aged not more than 7 days.
3
The procedure shall consist only of the uniform reduction of the corner teeth by—
i
grinding; or
ii
clipping,
so as to leave an intact smooth surface.
Tusk trimmingI259
1
The procedure shall only be carried out where there is evidence to show that it is necessary to prevent injury to other animals or for safety reasons.
2
An anaesthetic shall be administered.
SCHEDULE 3SHEEP
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to sheep
Identification proceduresI261
1
Ear notching;
2
Ear tagging;
3
Microchipping;
4
Tattooing;
5
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI272
1
Artificial insemination;
2
Castration;
3
Implantation of a subcutaneous contraceptive;
4
Implantation of a subcutaneous hormone.
Other management proceduresI283
F1....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21
Tail docking.
PART IIPart II specifies any additional conditions for a procedure
CastrationI294
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 shall only be carried out on an animal aged not more than 7 days.
2
When any other method is used it shall only be used up to the age of 3 months.
Implantation of a subcutaneous contraceptiveI305
1
The procedure may not be carried out on a farmed animal.
2
The procedure shall only be carried out as part of a conservation breeding programme.
Implantation of a subcutaneous hormoneI316
This would apply to subcutaneous hormone (or other pharmaceutical product) for modulating seasonal reproductive activity in adult females.
Tail dockingI327
1
In all cases, enough of the tail shall be retained to cover the vulva of a female animal or the anus of a male animal.
2
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 shall only be carried out on an animal aged not more than 7 days, or by any other means such as a hot docking iron, before the age of three months.
SCHEDULE 4GOATS
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to goats
Identification proceduresI331
1
Ear notching;
2
Ear tagging;
3
Microchipping;
4
Tattooing;
5
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI342
1
Castration;
2
Implantation of a subcutaneous contraceptive.
Other management proceduresF3I353
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IIPart II specifies any additional conditions for a procedure
CastrationI36F43
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 shall only be carried out on an animal aged not more than 7 days or by any other means before the age of two months.
Implantation of a subcutaneous contraceptiveI37F54
1
The procedure may not be carried out on a farmed animal;
2
The procedure shall only be carried out as part of a conservation breeding programme.
SCHEDULE 5HORSES
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to horses
Identification proceduresI381
1
Freeze branding;
2
Tattooing;
3
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI392
1
Artificial insemination;
2
Implantation of a subcutaneous contraceptive.
PART IIPart II specifies any additional conditions for a procedure
I403
There are no associated requirements.
SCHEDULE 6DEER
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to deer
Identification proceduresI411
1
Ear notching;
2
Ear tagging;
3
Microchipping;
4
Tattooing;
5
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI422
Implantation of a subcutaneous contraceptive.
PART IIPart II specifies any additional conditions for a procedure
Implantation of a subcutaneous contraceptiveI433
1
The procedure may not be carried out on farmed deer.
2
The procedure shall only be carried out as part of a conservation breeding programme.
SCHEDULE 7BIRDS
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to birds
Identification proceduresI441
1
Microchipping;
2
Neck tagging;
3
Web notching;
4
Web tagging;
5
Wing tagging;
6
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI452
1
Castration;
2
Implantation of a subcutaneous contraceptive.
Other management proceduresI463
1
Beak trimming of poultry;
2
Desnooding;
3
De-toeing of domestic fowl and turkeys;
4
Dubbing;
5
Removal of the dependent portion of its wattles;
6
Wing pinioning for non farmed poultry.
PART IIPart II specifies any additional conditions for a procedure
I474
1
With the exception of beak trimming (where paragraph 11 applies), no procedure listed in Part I of this Schedule may be performed on—
a
conventionally reared meat chickens; or
b
a laying hen or a chick that is intended to become a laying hen which is kept on an establishment with 350 or more such birds.
Neck taggingI485
The procedure shall only be carried out on farmed ducks and only where performed within 36 hours of hatching for the purposes of a breed improvement programme.
Web notchingI496
The procedure shall only be carried out on farmed ducks and only where performed within 36 hours of hatching for the purposes of a breed improvement programme.
Web taggingI507
1
The procedure shall only be carried out on farmed birds for the purposes of breed improvement programmes or testing for the presence of disease.
2
The procedure shall only be carried out on birds other than farmed birds for conservation purposes (including education and captive breeding programmes) or for research.
Wing taggingI518
1
The procedure shall only be carried out on farmed birds for the purposes of breed improvement programmes or testing for the presence of disease.
2
The procedure shall only be carried out on birds other than farmed birds for conservation purposes (including education and captive breeding programmes) or for research.
CastrationI529
1
The procedure may not be carried out on farmed birds.
2
The procedure shall only be carried out as part of a conservation breeding programme.
3
An anaesthetic shall be administered.
4
The procedure must not involve surgery.
Implantation of a subcutaneous contraceptiveI5310
1
The procedure may not be carried out on farmed birds.
2
The procedure shall only be carried out as part of a conservation breeding programme.
Beak trimming of poultryI5411
1
For all poultry the beak trimming procedure shall be performed using a suitable instrument.
2
For all poultry any subsequent haemorrhage from the beak shall be arrested by cauterisation.
3
For all poultry the procedure shall be performed 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.
4
For laying hens and chicks that are intended to become laying hens, which are kept on establishments with 350 or more such birds, beak trimming—
a
shall only be performed in order to prevent feather pecking or cannibalism;
b
shall only be carried out using infra-red technology;
c
shall not be performed on birds which are aged 10 days or over; and
d
shall be carried out by a person who has been provided with suitable and sufficient information, instruction and training so that they are qualified to perform the procedure.
5
6
For conventionally reared meat chickens the procedure—
a
shall only be performed in order to prevent feather pecking and cannibalism;
b
shall not be performed on birds which are aged 10 days or over;
c
shall be carried out by a person who has been provided with suitable and sufficient information, instruction and training so that they are qualified to perform the procedure; and
d
shall only be carried out following a consultation and on the advice of a veterinarian.
7
In this part “infra-red procedure” means an automated procedure involving exposure of the tip of the beak of a chick to a focused high intensity infra-red beam designed to cause a limited area of tissue damage and subsequent loss of the beak tip.
DesnoodingI5512
1
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.
2
The procedure may not be carried out on a bird that is aged 21 days or over.
De-toeing of domestic fowl and turkeysI5613
The procedure may not be carried out on a bird that is aged 72 hours or over.
DubbingI5714
1
Dubbing shall be performed using a suitable instrument.
2
The procedure may not be carried out on a bird that is aged 72 hours or over.
Removal of the dependent portion of its wattlesI5815
1
The removal of the dependent portion of its wattles shall be performed using a suitable instrument.
2
The procedure may not be carried out on a bird that is aged 72 hours or over.
Wing pinioningI5916
1
The procedure may not be carried out on farmed birds.
2
An anaesthetic shall be administered where the bird is aged 10 days or over.
SCHEDULE 8CATS AND DOGS
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to cats and dogs
Identification proceduresI601
1
Insertion of subcutaneous tracking devices;
2
Microchipping;
3
Tattooing;
4
Other methods of identification involving a prohibited procedure required by law and not restricted to being undertaken by a veterinary surgeon.
Procedures for the control of reproductionI612
Implantation of a subcutaneous contraceptive.
Other management proceduresI623
Removal of the dew claws of dogs.
PART IIPart II specifies any additional conditions for a procedure
Removal of the dew claws of dogsI634
The procedure shall only be carried out before the pups eyes are open.
SCHEDULE 9FISH
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to fish
Identification proceduresI641
1
Chemical branding;
2
Freeze branding;
3
Pit tagging;
4
Microchipping;
5
Removal or perforation of parts of fishes’ fins, adipose fins or fin rays;
6
Externally attached tagging.
Other management proceduresI652
Removal of fish scales.
PART IIPart II specifies any additional conditions for a procedure
Removal of fish scalesI663
The procedure shall only be carried out for the purposes of age determination.
SCHEDULE 10REPTILES
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to reptiles
Identification proceduresI671
Microchipping.
Procedures for the control of reproductionI682
Implantation of a subcutaneous contraceptive.
PART IIPart II specifies any additional conditions for a procedure
I693
There are no associated requirements.
SCHEDULE 11ANY OTHER KIND OF ANIMAL
PART IPart I of this Schedule specifies permitted procedures which may be performed by a lay person in relation to any other kind of animal
Identification proceduresI701
1
Microchipping;
2
Tattooing.
PART IIPart II specifies any additional conditions for a procedure
I712
There are no associated requirements.
(This note is not part of the Regulations)