The Welfare of Farmed Animals (Scotland) Amendment Regulations 2003

Explanatory Note

(This note is not part of the draft Regulations)

These Regulations amend the Welfare of Farmed Animals (Scotland) Regulations 2000 (“the principal Regulations”). The amendments give effect to the provisions of Council Directive 2001/88/EC (O.J. No. L 316, 1/12/01, p.1) and Commission Directive 2001/93/EC (O.J. No. L 316, 1/12/01, p.36) amending Directive 91/630/EEC (O.J. No. L 340, 11/12/01, p.33) laying down minimum standards for the protection of pigs.

The principal amendments have been incorporated into a new Schedule 6 which lays down standards for keeping pigs and deals first with standards applicable to all pigs and then with different types of pig in turn.

In respect of those holdings which are newly built or rebuilt or brought into use for the first time on or after the date on which the Regulations come into force, all the provisions contained in the Regulations will apply.

In respect of those holdings which are already in use on the date on which the Regulations come into force, certain provisions will not apply immediately. These are set out in Regulation 2(5) and (6).

The main changes introduced by the Regulations are as follows:–

• The Regulations introduce a duty on the person who employs or engages persons to attend to pigs to ensure that they have received instruction and guidance on these regulations (regulation 2(3)). This duty is in addition to the duty contained in regulation 10 of the principal Regulations which requires that the person attending to the animals is acquainted with the relevant statutory welfare code, has access to a copy and has received instruction and guidance on the code.

• Additional requirements for accommodation of pigs are introduced by paragraph 6 of Schedule 6.

• Paragraph 8 changes the requirement for lighting. This should be read in conjunction with paragraph 16 of Schedule 1 to the principal Regulations and with the relevant statutory welfare code.

• Paragraph 13 introduces maximum widths of openings and minimum slat widths for concrete slatted floors. This provision will not apply to existing holdings until 2013.

• Paragraph 16 introduces more detailed provisions relating to environmental enrichment for pigs.

• Paragraph 18 introduces a prohibition on constant or sudden noise or noise above 85 dBA.

• Paragraphs 21 to 26 introduce more detailed provisions relating to surgical interventions such as tail docking and tooth clipping.

• Boar pens used for natural service must have a minimum unobstructed floor area of 10m². This provision will not apply to existing holdings until 2005 (paragraphs 27 to 29).

• Paragraph 36 introduces a requirement for sows and gilts to be group housed.

• Paragraphs 37 to 39 introduce requirements for floor areas for sows and gilts. These provisions will not apply to existing holdings until 2013.

• Paragraphs 46 and 47 increase the minimum weaning age for piglets from 21 to 28 days except for those using all-in-all-out production systems.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it may be obtained from the Scottish Executive Environment and Rural Affairs Department, Animal Health and Welfare Branch, Room 350, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.